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CCPC Agenda 01/05/2023COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 5, 2023 9: 00 AM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Commission District 3 - Vacant Amy Lockhart, 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. Collier County Planning Commission Page I Printed 1212812022 January 2023 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. November 17, 2022 CCPC Meeting Minutes B. December 1, 2022 CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. PL20220003938-Kaicasa RPUD-An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 07-34, as amended, the Kaicasa Residential Planned Unit Development to change the affordable housing income levels from at or below 60% of area median income to up to and including 120% of area median income; and providing an effective date. The subject property, consisting of 100E acres, is located on the north side of State Road 29, just east of Village Oaks Elementary School, and approximately two miles east of the intersection of State Road 29 and County Road 846 in Sections 12 and 13, Township 47 South, Range 27 East, Collier County, Florida. [PL20220003938] [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Principal Planner] B. Noticed 10. Old Business A. Comprehensive Administrative Code Amendments 2022 11. New Business 12. Public Comment Collier County Planning Commission Page 2 Printed 1212812022 January 2023 13. Adjourn Collier County Planning Commission Page 3 Printed 1212812022 November 17, 2022 5.A.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida November 17, 2022 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Joe Schmitt, Vice Chairman Robert L. Klucik, Jr. Paul Shea Randy Sparrazza ABSENT: Christopher T. Vernon Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 68 Packet Pg. 4 November 17, 2022 5.A.a PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: It's 9:00. The November 17, 2022, meeting of the Collier County Planning Commission is hereby called to order. Will everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Will the secretary please call the roll. COMMISSIONER SHEA: Commissioner [sic] Lockhart, not here. Commissioner Sparrazza, here. COMMISSIONER SPARRAZZA: Present. COMMISSIONER SHEA: Commissioner Klucik? COMMISSIONER KLUCIK: Present. COMMISSIONER SHEA: Commissioner Vernon? (No response.) CHAIRMAN FRYER: Commissioner Shea is here. Vice Chair Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER SHEA: And Chair Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Mr. Chairman, we have a quorum. CHAIRMAN FRYER: Thank you, sir, very much. Addenda to the agenda. Mr. Bellows, nothing? Okay. MR. BELLOWS: No changes. CHAIRMAN FRYER: Thank you. Planning Commission absences. Our next meeting is on December 1, 2022. Does anyone know whether he or she will not be able to attend that meeting? (No response.) CHAIRMAN FRYER: All right. We should have a quorum at that time. Maybe we'll even have a seventh commissioner; who knows. Same question for December 15, 2022. That's our second meeting in December. Does anyone know whether he or she will not be in attendance for that meeting? COMMISSIONER SCHMITT: It looks like I'll be absent for that meeting. COMMISSIONER KLUCIK: What is the date on that? CHAIRMAN FRYER: 15 December. COMMISSIONER SCHMITT: Are we actually going to have one on the 15th? That's, like, right before the holidays. MR. BOSI: Mike Bosi, Zoning director. We do have a petition scheduled for the 15th. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Also, we've got a pretty full agenda for the 1 st, and I'm expecting things may spill over to the 15th. MR. BOSI: Yeah. There's always that possibility. MS. ASHTON-CICKO: And I am recommending that you do allow anybody who did not speak on the Collier Mental Health items, that they can speak today; otherwise, you can let them speak at public comment, but you might as well let them speak on the item. Page 2 of 68 Packet Pg. 5 November 17, 2022 5.A.a CHAIRMAN FRYER: Okay. We're going to come to that and talk about how we're going to -- MS. ASHTON-CICKO: Okay. CHAIRMAN FRYER: Thank you for that. All right. Approval of the minutes. We have one set of minutes in front of us for action this morning, and those are of our meeting of October 20, 2022. May I have a motion, please. COMMISSIONER SCHMITT: Make a motion to approve. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: No further questions or comments, then we'll take a vote. All those in favor of approving those minutes, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much. Let's see. BCC report/recaps, Mr. Bellows. MR. BELLOWS: Yeah. For the record, Ray Bellows. The Board of County Commissioners, on the summary agenda, heard the LDC amendment for the advertising of -- MR. BOSI: The notification within the Estates, the reduction for a variance from a mile to a thousand feet. It was passed on the summary. CHAIRMAN FRYER: Thank you. Anything further? (No response.) CHAIRMAN FRYER: If not, we'll go right to public hearings, advertised. ***Now, the first matters for hearings today are companions. They've been continued from previous meetings. First, PL20220002807, which is the Collier County Behavioral Health Center Small -Scale Growth Management Plan amendment and its companion, PL20220002221, the Collier County Behavioral Health Center CP -- or CF, rather, PUDZ, Community Facility PUDZ. Now, we had closed the public comment segment of this hearing and continued it. I thought that -- we're going to have to have a conversation about this, but I thought we'd continued it so that we could hear the results of conversations that the applicant and the neighbors had had and whether that bore any fruit for us to consider as we deliberate, but I've heard that there may be others who have not yet spoken or other points that may have not been made yet, and they may wish to be made. So I'm going to begin by asking Mr. Yovanovich to inform us whether he intends to offer any additional evidence, or are you going to go right to -- what are your plans? MR. YOVANOVICH: The plan is for Jessica Harrelson to come through -- you had asked us to see if we could do things to improve upon security and safety concerns that Page 3 of 68 Packet Pg. 6 November 17, 2022 5.A.a were raised. We planned on providing what we propose to do to address concerns we heard. We did not anticipate to provide new evidence or new testimony. If you elect to do that, of course, we're going to ask for the opportunity for additional rebuttal, if you go that way. But we did not plan on bringing in new evidence. We just planned on saying, here's what modifications we would be willing to make to the document to address concerns that were raised not only by the residents but by the planning commissioners during their deliberations. CHAIRMAN FRYER: Okay. Certainly, if we do open it up, you'll have the last word in rebuttal. Vice Chairman. COMMISSIONER SCHMITT: Yes. Mr. Yovanovich, at the end of the meeting -- of course, four weeks ago, three -- yeah, four weeks ago -- and we departed with the understanding that there was going to be a following meeting with the residents. Can you give us a report on that? MR. YOVANOVICH: Ms. Harrelson will. We've had two follow-up meetings. COMMISSIONER SCHMITT: That's part of your follow-up? MR. YOVANOVICH: That's part of the presentation you were going to hear. COMMISSIONER SCHMITT: Okay. Thank you. CHAIRMAN FRYER: Okay. COMMISSIONER SHEA: Do you need a motion for something? CHAIRMAN FRYER: Well, I want to -- I want to talk about structure a little bit, because I have been informed that the neighbors want some additional time to present, and one of the objectives to be served by this Planning Commission, one of the reasons for our existence, is to fully enable the public to be heard so that, perhaps, things can operate in a more streamlined fashion when they go to the Board of County Commissioners. So in keeping with that, I'm not going to make a decision from the chair, but I'm going to ask the Planning Commission what it wishes to do. So what -- what would the Planning Commission entertain by way of hearing from the neighbors? I originally was going to ask them for their status report as to the fruitfulness, if any, of those discussions, but I now have been given to understand that they want to go beyond that. I'm inclined to permit it, but I want this to be a Planning Commission decision rather than from the Chair. COMMISSIONER SHEA: I would support allowing them to continue as well. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: Considering that there was a meeting that took place and, yeah, I would certainly think it would be beneficial for us to hear both sides. CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: Agreed. CHAIRMAN FRYER: Agreed? COMMISSIONER KLUCIK: Yes. CHAIRMAN FRYER: Okay. Well, then it's unanimous. We will open it up for more evidence from the neighborhoods, and we'll reserve the right to impose constraints on time or redundancy, but we'll certainly want to be fair and give people a chance to speak. So with that, Mr. Yovanovich, you have the floor. MS. HARRELSON: Good morning. I'm Jessica Harrelson, certified planner with Page 4 of 68 Packet Pg. 7 November 17, 2022 5.A.a Peninsula Engineering and the agent for the project. MR. YOVANOVICH: Just as a technical thing, do we need to be re -sworn? CHAIRMAN FRYER: Yes, we do. Thank you for reminding me, yeah. Everyone who wishes to be heard in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. And we also need to have additional disclosures. We don't need to repeat the disclosures we made four weeks ago, but anything that's new, please disclose, beginning with the secretary. COMMISSIONER SHEA: Conversations with the residents. CHAIRMAN FRYER: Thank you. I have had conversations with staff, matters of public record, and all my previous disclosures. COMMISSIONER SCHMITT: Following the meeting, or the prior to this meeting, so an additional conversation with Mr. Yovanovich. COMMISSIONER KLUCIK: I had just kind of casual discussions after the last meeting with some of the residents. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: And I also spoke with staff for a briefing prior to this meeting. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: No other disclosures other than receiving three emails. CHAIRMAN FRYER: Thank you. Ms. Harrelson, you may proceed. MS. HARRELSON: Good morning. Again, Jessica Harrelson, for the record. The entire project team is here this morning including individuals from Collier County facilities, the David Lawrence Center, RG Architects, Hunt and Brady Architects, Peninsula Engineering, Trebilcock Consulting Solutions, and Rich Yovanovich, the land -use attorney for David Lawrence Center. We held two separate meetings with the neighbors following the Planning Commission's recommendation at the October 20th hearing to identify additional conditions that could be incorporated into the PUD to address public concerns. And to review those, Concern No. 1 is security. We've coordinated with the Collier County Sheriffs Office. They have agreed to -- COMMISSIONER SCHMITT: Excuse me, Jessica. Just for clarity, how many people attended each of those meetings you had? MS. HARRELSON: The first meeting there was roughly 20 individuals from the public that attended, and roughly 10 at the second. COMMISSIONER SCHMITT: Okay. Thanks. MS. HARRELSON: You're welcome. So, again, we've coordinated with the Collier County Sheriffs Office, and they have agreed to enhance patrolling in the area of the David Lawrence Center and surrounding community. The Sheriffs Office has also agreed to track these efforts in their database. A community meeting will be scheduled monthly to promote a regular open Page 5 of 68 Packet Pg. 8 November 17, 2022 5.A.a dialogue between the neighbors and the David Lawrence Center to discuss any operational or facility -related matters. COMMISSIONER KLUCIK: Excuse me, Mr. Chairman. CHAIRMAN FRYER: Yes. MS. HARRELSON: Yes. COMMISSIONER KLUCIK: So what that means, and I think it's implied, but that the David Lawrence Center will hold a meeting that's open to -- MS. HARRELSON: To the public. COMMISSIONER KLUCIK: -- to the neighbors -- MS. HARRELSON: Yes. COMMISSIONER KLUCIK: -- to discuss whatever issues are related to the -- that are the concerns of the neighbors? MS. HARRELSON: Yes, that is correct. COMMISSIONER KLUCIK: Okay. MS. HARRELSON: Sorry. I missed this point. Collier County will also -- is willing to commit to schedule security staff to visit the new facility periodically. COMMISSIONER SHEA: What does that mean? MS. HARRELSON: Do you want to describe the -- MR. AL-BAHOU: Good morning. My name is Ayoub Al-Bahou, principal project manager of Facilities. I had a conversation with our director of facilities and also the County Manager's Office. They're committed to provide -- we have a private security on campus that control the courthouse and some of our facility -- offsite facilities, so we're planning on sending some of those security staff periodically to this site when it's built. CHAIRMAN FRYER: Any other questions? (No response.) CHAIRMAN FRYER: Thank you. Ms. Harrelson. MS. HARRELSON: Also, a commitment will be added that requires a 10-foot wall to be constructed along the northern and eastern boundaries of the subdistrict, as you can see here, along with a 6-foot fence that will meander through heavy vegetation along the western boundary of the existing David Lawrence Center site. So the subdistrict, again, contains the future site, the Parkway Life Church, and the existing David Lawrence Center. This is Option 1. Option 2 is to construct that 10-foot solid wall along the northern and eastern boundaries of the subject property along with a 6-foot fence along the subject property. Option 1 is the preferred option, but it will take an agreement with the Parkway Life Church, which is currently being coordinated right now. COMMISSIONER SHEA: When you say "preferred," you mean by -- MS. HARRELSON: By the project team. COMMISSIONER SHEA: The team with the neighbors at the meetings or -- MS. HARRELSON: There was one comment made that they would prefer the 10-foot wall to be surrounded with the subdistrict on the northern boundary there, but that was made by one individual. Concern No. 2 is privacy. So we've added -- will be willing to add a commitment so that no windows will be located on the second story of the building along the north and Page 6 of 68 Packet Pg. 9 November 17, 2022 5.A.a east sides facing residential development. This will alleviate concerns that patients will have the ability to look onto adjacent residential properties. Concern No. 3 is discharged patients with no means of transportation. The county has committed to constructing a bus shelter along Golden Gate Parkway within the vicinity of the project. This will provide direct access to public transportation to discharged patients. Currently, the nearest bus stop locations along Golden Gate Parkway are Santa Barbara Boulevard and Goodlette-Frank Road, so this will alleviate the need for them to discharge patients to have to walk through the community to get to that bus shelter. CHAIRMAN FRYER: What's the location of the bus shelter being proposed? MS. HARRELSON: It will be determined by Collier Area Transit, but it will be within the vicinity of the project. CHAIRMAN FRYER: Any idea how many yards or feet or -- MS. HARRELSON: Not at this time. COMMISSIONER KLUCIK: And who's supplying the land for that? MS. HARRELSON: It will be within the county right-of-way, correct? Yes. COMMISSIONER KLUCIK: Okay. But the -- so the -- the Collier Area Transit has committed to this or -- MS. HARRELSON: The county has committed to constructing the bus shelter through coordination with Collier Area Transit. It will be within the vicinity of the project. COMMISSIONER KLUCIK: And that's at the expense of the county? MS. HARRELSON: At the county, yes. COMMISSIONER KLUCIK: Why is that a county expense? MS. HARRELSON: This is a county project. COMMISSIONER SCHMITT: County facility. COMMISSIONER KLUCIK: Right, but it's necessitated by what -- the petition that's before us. Without the petition, the expense wouldn't be incurred by taxpayers. Pretty obvious point that I'm making. MS. ASHTON-CICKO: The county is one of the applicants. COMMISSIONER KLUCIK: No, I understand that, but the county is one of the applicants. That doesn't necessarily mean the taxpayers -- I think the county as one of the applicants with the idea that the burden is already -- whatever the financial burden on the county is already built into whatever monies have already been allocated, not new monies; is that accurate? That -- there's already money that's supporting this project. It's county money. And this would be additional money for this bus stop. MS. ASHTON-CICKO: I don't know the answer to that question. (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Because I don't -- I don't like the idea that there's additional tax burden, and I don't see why that would be something, unless it's going to come out of money that's already been allocated. MS. ASHTON-CICKO: Well, the county does have a Collier Area Transit team that does construct shelters throughout the county in areas where they feel that it's needed and on bus routes, and so it is something that is built into the county budget. Whether it's specifically for this project, I don't know. I don't know where the funding source would be. COMMISSIONER KLUCIK: Yeah. I guess I'd like to hear more about that and Page 7 of 68 Packet Pg. 10 November 17, 2022 5.A.a how this affects the availability to do the projects that the transit authority already, you know, is planning to do and if they actually have the funds for this or if it's taking away from something else that it's needed for. COMMISSIONER SHEA: Do you think a bus stop has a significant dollar amount assigned to it? COMMISSIONER KLUCIK: I think it has -- it has a dollar amount. I'm sure there's not an unlimited budget for the transit authority to do this, and what that means is something that they hadn't programmed in, now they're adding, and it might mean that some other one that they were thinking of doing they're going to table or postpone. And it's also the principle of the thing that it's taxpayer money, and it's kind of cavalierly thought of as, hey, we've got a problem, let's have the county pay more money to address it, and I just -- on principle that rubs me the wrong way. COMMISSIONER SHEA: I would avoid the word "cavalier." I don't think it came across that way to me at all. COMMISSIONER KLUCIK: Not cavalier. I guess not thinking it through very well that it's just, oh, well, the county will pay for it, there's lots of money, and I don't -- I don't appreciate that. MR. AL-BAHOU: Ayoub Al-Bahou, Facilities Management. This bus shelter will not be funded by Collier Transit. It would be coming directly out of the project fund as part of the improvement to the site. COMMISSIONER KLUCIK: Meaning from the applicant's funds or from whatever the funds are that are already allocated by the county? MR. AL-BAHOU: There are, right now, $25 million allocated from the Surtax Fund toward this project. COMMISSIONER KLUCIK: Okay. MR. AL-BAHOU: We anticipate this projects' costs going to go beyond the 25-, and so it would be additional funding, either General Fund supplement the additional fund or go back to the Surtax Committee for additional funds. CHAIRMAN FRYER: Opening Pandora's box. COMMISSIONER KLUCIK: So in other words -- in other words, there's really not money for this. The county doesn't really have money for this, and this would be an additional -- there would have to be additional tax revenue. And, yes, I'm kind of being -- I wouldn't say obnoxious, but I'm certainly standing firm on this. This is taxpayer money that's being spent to solve somebody else's problem, and I don't appreciate that. I think this should -- the applicant should be offering to pay for that. MR. YOVANOVICH: Mr. Klucik, can I say something real quick? (Simultaneous crosstalk.) CHAIRMAN FRYER: Just a moment. COMMISSIONER SHEA: There has to be a contingency in the construction fund for things like this that -- I think we're getting sidetracked. MR. YOVANOVICH: Can I -- CHAIRMAN FRYER: Before you do -- MR. YOVANOVICH: I think I've confused you. CHAIRMAN FRYER: Before you do, sir, I want to remind everybody, for the benefit of the court reporter and so that we all keep our sanity, that we need to just talk one at a time. Page 8 of 68 Packet Pg. 11 November 17, 2022 5.A.a Mr. Yovanovich. MR. YOVANOVICH: I'm sorry. I think, Mr. Klucik, you might be confused as to who the applicant is because I'm standing up here. I represent the property owner and the operator of the facility. The applicant is actually Collier County. This is -- it's going to be Collier County land and a Collier County facility. So it's the county who is, quote, creating the issue, if there's an issue being created. So this is -- it's not -- and I hope I didn't confuse you because I was -- most of the questions went to how was David Lawrence Center going to operate the facility, so I was up here quite a bit. But my role is to represent the David Lawrence Center. COMMISSIONER KLUCIK: Yeah, okay. MR. YOVANOVICH: And that's where I think -- this is a county facility. COMMISSIONER KLUCIK: That's a good question. You know, I mean, you make a good point. And so -- then I guess I have a further question. So to the extent this is a county facility, what is the nature of the David Lawrence Center's relationship to the county facility and what if -- what if the county decided, oh, you know what, we would like to have somebody else come in and offer services there as well or instead of the David Lawrence Center: How does that all work? MR. YOVANOVICH: The current relationship is there's a contract between the county and David Lawrence Center. That contract basically provides that we give the county our land. The county will build the facility, and we will operate the facility. So that's the relationship -- the contractual relationship that exists today. COMMISSIONER KLUCIK: And then that's perpetual or when -- what is the length of that? MR. YOVANOVICH: It's a 30-year term of the lease. You know, there's a formal lease that will be in place. There will be accountability standards and the like. But we -- the relationship is, the county builds it; we operate it on this location. COMMISSIONER KLUCIK: All right. So the -- I guess, essentially what you're saying is is, the county needs to solve this problem, and this is a way to -- MR. YOVANOVICH: No, I think -- COMMISSIONER KLUCIK: This is way to solve the problem for the county so that it can be used in accordance with how the county to -- what the county wants to do with this project. MR. YOVANOVICH: And, again, remember, this went -- the voters voted for the mental health facility to be constructed in Collier County. So they spoke with their wallets, if you speak -- COMMISSIONER KLUCIK: Yeah -- no. And to the extent there's a budget overrun, that's a generic problem across the board with government projects. MR. YOVANOVICH: Right, and typically not a zoning -level decision. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. CHAIRMAN FRYER: Thank you. Ms. Harrelson. MS. HARRELSON: Okay. Additionally, new discharge procedures will be discussed by Scott Burgess. Page 9 of 68 Packet Pg. 12 November 17, 2022 5.A.a Concern No. 4 is noise. The new facility will be constructed with an enclosed sally port which will be used for patient drop-off. You can see an example of this in this photo here. This is from another behavioral health center located in Lakeland, Florida. The front entrance is here. The sally port is located on the side of the building. And this is a photo of it during construction. So vehicles dropping off patients will enter through one side of the sally port. The overhead doors will come down so that the patient will be transferred into the building safely and securely, and once that happens, and the patient is transferred, the other -- the overhead doors open, and the vehicle exits out of the other end of the sally port. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner. COMMISSIONER KLUCIK: I just have to raise a point, just because it makes me smile, before when they raised it, and it makes me smile now, that in all my years, the only time I've ever heard of the term "sally port" while was at West Point, and it was the large archways that go underneath the barracks buildings as you go to the parade field from the area where the cadets live and have their formations. And I've never ever -- I didn't even know the word -- I thought it was just local slang. So I love the idea that we've used the word "sally port." So I just had to state that aloud. So thank you, Mr. Chairman, for indulging me. CHAIRMAN FRYER: Thank you, Commissioner. MS. HARRELSON: And then lastly, Point No. 5, neighbors feel this is just not the right location for the facility, and our response to that is the BCC unanimously selected the subject site for the proposed use. The BCC directed staff to proceed with the entitlement process. The proposed use is consistent with the Collier County Growth Management Plan. The subdistrict was established in 2007 to allow the property to be utilized for this proposed use. The new facility will improve existing conditions -- or existing operations at the David Lawrence Center. The proposed location will create synergy between the existing David Lawrence Center site and the new facility. The property is located on a six -lane roadway with easy access for the community, and the property is located within a low -density area with minimal impact to residential dwelling units. And then to conclude my portion of the presentation, I'd like to read a statement made by Linda McKinnon, the president and CEO of Central Florida Behavioral Health Network, and she is also participating virtually. So if there's any questions for her, she is available. Research conducted by the Central Florida Behavioral Health and the Department of Children and Families verified that none of the central receiving facilities or crisis stabilization units have been requested or required by their communities or statute to implement specific risk mitigations beyond what is stipulated by licensure or accreditation. These like facilities across the state and Florida are all located within communities that include schools, churches, and residential housing and, in my opinion, David Lawrence Center and Collier County have gone above and beyond to address community concerns and security. And now Scott Burgess will come up. CHAIRMAN FRYER: Thank you. MS. HARRELSON: Thank you. Page 10 of 68 Packet Pg. 13 November 17, 2022 5.A.a MR. BURGESS: Good morning, Commissioners. For the record, Scott Burgess, CEO, David Lawrence Centers for Behavioral Health. Some of the discharge planning process was reviewed in full with the neighbors. We had our medical director, Dr. Chasanov, our chief operating officer and our chief clinical officer, and the director of our in -patient units that were at those meetings and provided detailed information related to how we do our discharge planning and the rigor of that discharge planning. One of the recommendations that had been made by the commissioners was that when somebody -- and, again, just to reiterate, our medical director said from his direct experience over the last year, there's less than one half of 1 percent of our 2,300 discharges that walk away from our campus. CHAIRMAN FRYER: Could you just give that statistic again? MR. BURGESS: Less than one half of 1 percent of 2,300 admissions a year. COMMISSIONER KLUCIK: What does that -- what would the number be, then? One half of 1 percent; 1 percent would be -- COMMISSIONER SHEA: Less than 12. COMMISSIONER KLUCIK: Twenty-three? COMMISSIONER SHEA: Less than 12. COMMISSIONER SCHMITT: Twelve, 13, 14. COMMISSIONER KLUCIK: Okay. MR. BURGESS: So that -- the request was that when somebody indicates that they want to walk away upon discharge, that that be taken fully into reconsideration in the discharge planning, and we are willing to make that an additional part of our discharge planning process. In addition to that -- CHAIRMAN FRYER: Vice Chair. COMMISSIONER SCHMITT: I'll wait till he finishes. I have a question for Scott. MR. BURGESS: In addition to that, we had talked about how we had for individuals we had been trying to utilize Uber and other forms of transportation to encourage people to accept transportation that didn't have loved ones or family members coming to pick them up, which is the vast majority of the individuals, and we have redoubled those efforts. And since that time, I don't believe we've had any discharges that have walked from our unit. They've all been willing to accept the Uber or some form of transportation. CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: And what is the time period that you would say that -- the change? MR. BURGESS: Well, we've been utilizing Uber and transportation for a long while. What we're saying is since we started the process with the Commission and these issues have been brought up. So we're talking about the last probably four to six weeks that we've redoubled these efforts, and we haven't had anybody that's walked away. And when I say "walk away," for the record, I'm just putting that in context. These are already people that have been -- affirmatively met the criteria by the doctors and our multidisciplinary treatment team that they are safe to leave and meet the criteria -- the legal Page 11 of 68 Packet Pg. 14 November 17, 2022 5.A.a criteria to be discharged. And then, lastly, as was already indicated, we have committed to having formal monthly community meetings. We are willing to have that be held at David Lawrence Centers or in the community at an independent location. We've been meeting at the Golden Gate center, which is down the street for all of us. We'd be happy to have it there. But to hear any updates, issues, questions, comments, concerns that we can address in real time. And with that, I'm happy to answer any questions that you may have. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Scott, what's your monthly patient load? MR. BURGESS: On that particular campus -- we serve about 9,000 unique individuals on an annual basis at multiple locations. That location we have, like I mentioned, 2,300 in -patient admissions to our CSU. So if you're asking about -- individuals may receive multiple services, though. They may start with us on an in -patient stay and then get linked into our outpatient care. So might be coming back weekly for counseling. They might be coming back monthly for a doctor's visit. So I don't know if that -- COMMISSIONER SCHMITT: Well, I'm trying to get an understanding. How many in-house patients are there on average a day? MR. BURGESS: We have -- on our children's -- between our children's Crisis Stabilization Unit and our adult Crisis Stabilization Unit, we have 45 licensed beds, and we're pretty full every day. COMMISSIONER SCHMITT: So 45 inpatient. MR. BURGESS: Mental health, yeah. COMMISSIONER SCHMITT: What -- how many per day are -- what's your average intake and release? MR. BURGESS: And discharge. COMMISSIONER SCHMITT: Three a day? Five a day? Ten a day? I'm trying to understand what we're dealing with. MR. BURGESS: About seven to eight admissions and discharges. It's about as many people coming in, as many people being discharged. COMMISSIONER SCHMITT: So we're talking about an impact of seven to eight on any given day is a typical daily either incoming or release, most of who come in the sally port. Some -- technically, we call it a porte-cochere, but I'll use the sally port because I -- MR. BURGESS: Just for a point -- COMMISSIONER SCHMITT: An old army guy can say that to him. MR. BURGESS: Point of clarification. In our current facility, we do not have a sally port. This new facility -- COMMISSIONER SCHMITT: New facility. MR. BURGESS: -- that would have it. COMMISSIONER SCHMITT: Would have it, yes. So the new facility would have it. So it's pretty controlled. And what you said is one half of 1 percent are -- typically, that will say I have the right to walk out of here and walk out and catch a cab or a bus. MR. BURGESS: Correct. Page 12 of 68 Packet Pg. 15 November 17, 2022 5.A.a COMMISSIONER SCHMITT: But in most instances, you're -- statistically you're saying that somebody, a loved one or some other -- somebody else comes and picks them up when they're discharged. MR. BURGESS: Yes. COMMISSIONER SCHMITT: And, likewise, if they have to return, they're usually either -- delivered either through the Sheriffs Office, an ambulance -- or are these -- MR. BURGESS: Or family, friends. COMMISSIONER SCHMITT: Do folks walk right in? MR. BURGESS: Absolutely. There's a possibility that people will willingly self -admit. COMMISSIONER SCHMITT: Okay. MR. BURGESS: And so they may drive themself over. They may have family members drive them over. COMMISSIONER SCHMITT: But just to be clear, we're seven to eight on average. MR. BURGESS: Currently that's our admissions and discharges at our current location for our mental health units. COMMISSIONER SCHMITT: Okay. Thank you. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. So I guess it works out to about a dozen a year, then, that we're talking about potentially could be a concern to the neighbors, you know, near by? And these are people who I guess we'd admit, you know, they've cleared your -- you know, your discharge process, but they had -- they were inpatients in a mental health facility. MR. BURGESS: Yes. COMMISSIONER KLUCIK: So, you know, it's a very serious issue, and I appreciate that you have, you know, decided to -- you know, to relook at it, and I understand that that's -- that could easily be seen as, you know, external forces interfering with, you know -- I mean, you have every reason to expect a reaction would be to be frustrated by that, you know, on your behalf, you know, that you would be frustrated, and I appreciate that you're trying to address it. And I think that it's -- I just wanted to acknowledge that, and I appreciate that you're trying to re -think some of this. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: So the numbers you're talking about are the numbers for the existing facility? MR. BURGESS: Correct. COMMISSIONER SHEA: So what is the new facility? Isn't it a clearinghouse that will send to the existing plus others? So there's a lot more people moving through that new facility. They don't all go to the existing facility. They may go to another -- MR. BURGESS: Well, we believe in the new facility that we'll have capacity to assist people within that facility. COMMISSIONER SHEA: So they will stay on the campus? MR. BURGESS: They're going to stay on that campus, that very campus, correct. COMMISSIONER SHEA: But there will be more people, because you're adding more beds? Page 13 of 68 Packet Pg. 16 November 17, 2022 5.A.a MR. BURGESS: Correct. COMMISSIONER SHEA: So you'll get more. I want to reiterate something that Commissioner Klucik said. I didn't think you were taking the neighbors seriously. I'm very pleased with some of these proposals. I think they'll be beneficial. It will be interesting to hear what the neighbors say. But I wasn't sensing that you were taking it seriously. I am now, so thank you. MR. BURGESS: Oh, I appreciate that feedback. Thank you very much. We do take it very seriously. CHAIRMAN FRYER: Vice Chair. COMMISSIONER SCHMITT: Yeah. Again, I was asking -- just for clarity, I was asking for the numbers, because I know those are the numbers that have impacted the community that we're going to hear about, I'm sure. So I just wanted to have a clear understanding. How long has the existing site been operating at this site? How many years? MR. BURGESS: We've been at this location for 47 years. We've been in operation for 55 years. But for 47 years in this specific location. COMMISSIONER SCHMITT: At this specific location, okay, 47. Thank you. CHAIRMAN FRYER: Thank you. No one else is -- yes, Commissioner Klucik. COMMISSIONER KLUCIK: Yes, Mr. Chairman. Yeah, just for my edification, so -- and I realize this was a public process, and it was a long process, but -- so when this location was chosen, was -- or when -- when any of the locations were up for consideration, was it always, hey, we're going to partner with David Lawrence Center, the county, or was this because it was this location it was such a no brainer, you know, that it -- there was so much synergy that it was like, hey, you know, let's lock this in so that we're the provider? MR. BURGESS: Yeah. No. It's a great question. We've been partnering with Collier County providing this -- these services for our 55-year existence. So we have been, really, the only behavioral health provider for the county providing this comprehensive level of care. So as the county was recognizing with the key stakeholders in the community, including David Lawrence Center but also including St. Matthew's House, who's here, and so many others, that we have a desperate need to grow our capacity because of the growing needs in our community. It was recognized that it seemed to make pretty obvious sense that David Lawrence Centers, because of our relationship with the county, because of what we'd done for so long, that we were a natural partner for this. But it's not a -- COMMISSIONER KLUCIK: So you were going to partner even if it was near this campus? You were also going to be the partner there? MR. BURGESS: We were very open to doing that. We believe that this is the right location, and that's why we have committed to this project at this location. MR. YOVANOVICH: Let me -- if I can, Mr. Klucik, to add, the only provider that still provides these services in Collier County is David Lawrence Center. At the time they were doing selection, Naples Community Hospital was providing some of these services. MS. BURGESON: Correct. MR. YOVANOVICH: So they could have been the provider, but they're no longer Page 14 of 68 Packet Pg. 17 November 17, 2022 5.A.a providing those services. So the one stable force, if you will, in providing mental health services in Collier County -- COMMISSIONER KLUCIK: Did they just recently close their beds down when -- what was the date on that? MR. YOVANOVICH: I don't know the exact date, but, yes, they made the economic decision to close it down. COMMISSIONER KLUCIK: Right. I mean, I understand your point but, like, to me, like, the economic decision that might have put the nail in the coffin to having another provider because they saw that, you know, the county was exclusively partnering with David Lawrence Center. So I don't know as that helps your argument very much. But, you know, I understand, there's not a lot of providers. And my question, you've answered it, and I appreciate that. Then the question is: What is the, you know -- so you're -- it's the land that you -- that David Lawrence Center owned or somehow controlled? MR. BURGESS: We own it. COMMISSIONER KLUCIK: You own it. And then is the county buying it from you or what -- MR. BURGESS: We're gifting it to the county. COMMISSIONER KLUCIK: You're gifting it to the county, and, in exchange, the county's building the facility, and then are you paying rent or -- MR. BURGESS: There's a $1-a-year lease obligation for --it's a 30-year lease operating agreement. COMMISSIONER KLUCIK: Okay. And then the county will permanently own the land, though? MR. BURGESS: Correct. COMMISSIONER KLUCIK: And then your lease is only 30 years? MR. BURGESS: Correct. COMMISSIONER KLUCIK: So, in theory, 30 years down the road, the county might decide to do something else with that facility? MR. BURGESS: Yes. And the -- and there are indicators within the contract that we have to abide to in order to continue to operate that for those 30 years. COMMISSIONER KLUCIK: Okay. Well, that's a -- that seems financially like that's a great deal for you. I mean, the county gets something out of it, too, but that's a -- that seems like a great deal. You get a really beautiful facility, and you don't pay anything for it. MR. YOVANOVICH: Well, I'd like to think of it this way: They're a not -for -profit. So the county is getting service from a not -for -profit and all the donors that give money to the David Lawrence Center to provide these services. So I'd like to think of it, with all due respect to the community, as a great deal for the community and not a great deal for David Lawrence Center. This is a partnership to provide needed services. So there's a tremendous benefit to the community by providing mental health services. COMMISSIONER KLUCIK: Well -- and I just -- to push back on that, not -for -profit doesn't mean that there aren't a lot of people making a lot of money, so that's a -- and that's kind of -- it's not a charity. It's a non-profit enterprise, which -- and they do great work, so thank you. CHAIRMAN FRYER: I have a question. When sites were being considered, Page 15 of 68 Packet Pg. 18 November 17, 2022 5.A.a Jacobs Engineering was engaged, presumably a taxpayer expense, to identify what it believed as an independent consultant would be a best site for this location, and this current site was not their determined best site, was it? MR. BURGESS: It was not. CHAIRMAN FRYER: Okay. And where did it come in their, I guess, five priorities; which number? MR. BURGESS: They actually had -- and I don't have it in front of me, I apologize. I didn't know. I would have -- I would have had that in front of me. There were two different reports. In the first report, I believe this site came in third, if I'm not mistaken, and I think in the final report it came in fourth. There was another proposed site, which is the current church property, that's right in between our current campus and this proposed site, and that also ranked, I think, two and three, if I'm not mistaken. CHAIRMAN FRYER: And the other sites, I believe, if memory serves, were closer to or perhaps on the physical property of county government center? MR. BURGESS: That is correct. CHAIRMAN FRYER: Okay. So would it be fair, then, to infer from that that a concern on the part of Jacobs was with respect to safety and security? MR. BURGESS: I don't think it was -- I think some of their -- what they were looking at was a lot -- was cost -based and had other bases to it. They did not take -- and from a construction engineering standpoint, I think that that was how they were primarily making their -- MR. YOVANOVICH: You're probably not aware, what greatly affected the ranking for the David Lawrence Center is there was litigation between the Foundation and the David Lawrence Center as to who actually owned the five -acre site. So with that uncertainty as to could the David Lawrence Center actually deliver the site, that affected the rankings. There was nothing in the ranking reports regarding safety. It was purely cost -- cost related and the uncertainty about who -- and there was discussion about that publicly about the uncertainty as to who owned the site. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Scott, you're managed by a board of directors; is that correct? MR. BURGESS: Correct. COMMISSIONER SCHMITT: How many sit on that board? MR. BURGESS: Sixteen. COMMISSIONER SCHMITT: Sixteen? MR. BURGESS: Yeah. Our board chair is here, by the way. COMMISSIONER SCHMITT: And when -- the Board voted to approve this to move forward? MR. BURGESS: Yes. COMMISSIONER SCHMITT: What was the -- can you share what the vote was? MR. BURGESS: A unanimous approval. COMMISSIONER SCHMITT: Unanimous vote. So 16 -- and the serving board members are members of the community? MR. BURGESS: They are. COMMISSIONER SCHMITT: A volunteer position? MR. BURGESS: Volunteer board, yes. Page 16 of 68 Packet Pg. 19 November 17, 2022 5.A.a COMMISSIONER SCHMITT: And you report -- that's -- functionally you report to that board. MR. BURGESS: Absolutely. COMMISSIONER SCHMITT: Okay, thank you. CHAIRMAN FRYER: Any further from the applicant? MR. BURGESS: Anything else? MR. YOVANOVICH: I think we're ready for your public. MR. BURGESS: Thank you. CHAIRMAN FRYER: All right. COMMISSIONER SCHMITT: Interesting. CHAIRMAN FRYER: Members of the public -- do we have registered speakers, Mr. Youngblood? MR. YOUNGBLOOD: Mr. Chairman, we do have several registered speakers, both in the room with us and, I believe, two or three online. We'll start with those in the room with us. Steve Brooder is going to be our first speaker. He's going to be followed by Kaydee Tuff. CHAIRMAN FRYER: Thank you. MR. BROODER: Good morning, Commissioners. For the record, I'm Steve Brooder, CEO of St. Matthew's House. I just came this morning because we value the partnership with the David Lawrence Centers. Together we serve some of the most vulnerable people in our community, and together we see a tremendous need for more mental health services. More beds, essentially. The need is increasing. These are people that -- they can come to St. Matthews House, and we need to refer them to the David Lawrence Center for treatment. So St. Matthew's House supports this project and looks forward to the David Lawrence Center being able to service the community. CHAIRMAN FRYER: Thank you. Next speaker. MR. YOUNGBLOOD: Our next speaker is going to be Kaydee Tuff, followed by Elizabeth Bloch. MS. TUFF: Is it possible to give photos to the commissioners? CHAIRMAN FRYER: Do you have material you want us to have? MS. TUFF: Yes, I do. CHAIRMAN FRYER: You can bring them up and provide a copy to the applicant and also the court reporter, please. Thank you. MS. TUFF: My name is Kaydee Tuff. I'm the vice president of the Golden Gate Civic Association. The Golden Gate Civic Association is concerned for the safety of all our residents and, most especially, those neighboring the proposed David Lawrence expansion project, several of whom have stated on the record that they have had DLC patients trespassing on their properties. Shortly before Hurricane Ian, Golden Gate sheriffs -- Golden Gate sheriffs substation erected a 10-foot chain -link fence with four strands of barbed wire around the perimeter of their south parking lot that fronts Golden Gate Parkway in Golden Gate City. Page 17 of 68 Packet Pg. 20 November 17, 2022 5.A.a When asked the reason for such extreme fencing, I was told the agency was concerned for the safety of its personnel. Reasons cited include people walking through the parking lot looking into vehicles and taking photos of laptops and an incident in which a man with mental health issues was wielding hatches inside the parking lot. It seems to me that if law enforcement, whose officers are armed and protected with bullet-proof vests, found it necessary to erect a 10-foot barbed wire fence to protect their personnel from people walking through their parking lot, then these residents who live on rural parcels have a very legitimate concern for their safety as well. Please consider the safety of these residents when making your decision today. CHAIRMAN FRYER: Ms. Tuff, would you tell me again, did you say this is a Sheriffs Office substation? MS. TUFF: In Golden Gate City. CHAIRMAN FRYER: Okay. Thank you. MS. TUFF: They have since taken the barbed wire down. CHAIRMAN FRYER: Okay. Thank you. Next speaker. MR. YOUNGBLOOD: Our next speaker is going to be Elizabeth Bloch, followed by Penelope Hayes. MS. BLOCH: Good morning. Thank you for continuing the meeting to today to give us a chance to talk with each other in the neighborhood and to give us a chance to give you a little bit more information that we think will help inform your decision today. When David Lawrence showed up here a month ago, they thought it was a slam dunk; that this would be approved because it's gone so far, but none of the neighbors had had a voice. In 2007, none of us knew about the subdistrict. Do any of you on the Planning Commission believe that David Lawrence isn't going to grab, one way or another, the church in between and add an additional commercial building? If you look at David Lawrence Center right now, it looks residential. The building they plan to propose is two-story, commercial -style building. It's industrial commercial. It changes the nature of the neighborhood. The Golden Gate Master Plan was designed to protect exactly against this. This will affect our property values, and it's going to triple the amount of patients leaving the facility, and it isn't just the patients leaving the facility. It's patients going to the facility who may or may not be properly treated medically. I have prepared for you a couple of things to show you. Please forgive me. I'm nervous. I'm not accustomed to public speaking. And with all the suits in the room, I feel kind of like a David and Goliath. CHAIRMAN FRYER: You're doing fine. COMMISSIONER SHEA: You're doing great. MS. BLOCH: Thanks. This is a map. The red dots -- I thought it would look bigger to you. Maybe I can make it bigger. The red dots show you the amount of neighbors. And this number of people that are aware of this in the community is shockingly small. The community is not aware that this is a deal that's being considered. And let's not kid ourselves. This isn't -- we're here Page 18 of 68 Packet Pg. 21 November 17, 2022 5.A.a today for discussion about what site the facility will be on, and are you willing to change the nature of the way the Golden Gate area is supposed to be managed? This is only a conversation about site location. The deal -- you've only been given partial information about the deal that David Lawrence Center has struck with the county. We taxpayers are going to be planning to pay for this facility to be built. David Lawrence Center says that they're going to have a 30-year contract with the county. What does that mean, really? That means no competition. It means they're going to have a monopoly in the county overall mental health issues and all funding that goes toward them. There's no agreement in place to prevent them raising their prices. There's no agreement in place as to quality of care, rate of recidivism, or anything like that. There is nothing to compete against David Lawrence Center once they have the lease on this building, because there's an -- there is a line in the lease that if we, as a county, decide not to continue leasing to David Lawrence Center -- perhaps they stop providing decent treatment to people, perhaps the lease runs out in 30 years, and they've been a wonderful caretaker for 30 years. They're still a monopoly. We can't let anyone else use that building with a 30-year lease. At the end of 30 years, or during the 30 years, if David Lawrence Center fails to do their job well, we can't get rid of them. You know why? Because what you weren't told is in that contract is that when the county stops supporting that contract with David Lawrence Center and the lease, guess who gets to buy, automatically, that building that we built at market value? David Lawrence Center. That will leave the county without a central receiving facility and without the ability to put another provider in place. Who wouldn't want a deal like that? I certainly would in any business that I would operate. We were questioned the last time we were here about the Sheriffs Office being able to validate or not validate these issues that are happening on our properties. I had to go to public records to find this. And, trust me, it's not easy to understand it with just a layperson's background. But if you look here at what I highlighted in yellow, it shows on the third of August 2015 a suspicious person. That is the only record the Sheriffs Office has that day. That's the guy I told you about that was 6-foot-2, 300 pounds that came to my front door and wanted a ride to get back to his car on the other side of town. Guess what his home address was? I looked it up. Mannix Drive. David Lawrence Center released this guy to his home address at Mannix Drive. Do you know what Mannix Drive is? Storage units off Davis Boulevard by the toll. That's their discharge planning. This same guy was Baker Acted -- here's another piece of information for you. He was Baker Acted that morning. I didn't know that until I did this research. He was Baker Acted that morning. Around 11:15 he was picked up. Unstable man, unable to determine for himself whether examination is necessary. And based on his statements, there's a substantial likelihood that without care or treatment he would seriously cause -- cause serious bodily harm to himself. Two hours after this he was at my front door. Then let's go back here and look at this. This is two hours later, the middle one highlighted in yellow. That was after I called the Sheriffs Office. He had already left my property. That's when he left the pizza box on my front door telling me he wanted to live in my barn. I called the Sheriffs Office. A deputy came out. For two hours they searched my property with me and with the helicopter using the infrared. Page 19 of 68 Packet Pg. 22 November 17, 2022 5.A.a What you see here is the only record that the Sheriffs Office made of that. There's no connection to David Lawrence Center mentioned even though he was Baker Acted that day. Because he wasn't on the property, they didn't find him when they got there, there was no report taken. Then if you look at the third highlighting, on the 7th, four days later, he came back to my property. And I followed the deputy's advice, and I filed a trespass warning against him which means automatic arrest if he's on my property again. I thought I was protected. All these years I've thought I was protected until I went searching for the document. Guess what, the deputy never filed the trespass warning. They have no record of it, but I kept a copy. This is the trespass warning. The deputy never filed this, so I actually wasn't protected. I'm not saying this to you because I want to criticize the Sheriffs Office. What I'm telling you is there's no data to show you what is actually happening in the area. This was my foster son, age 12. Age 27, he was at my house, he was hearing voices. This is the Baker Act. There's a lot more to this story that I could tell you that would help you understand the way David Lawrence Center manages someone like this. What I did not know, on this day, he was Baker Acted, substantial likelihood that Samuel would hurt himself or someone else. It was me. He was sitting next to me in my office at home telling me that the voices were becoming uncontrollable, and he was trying not to hurt his family, two feet from me. David Lawrence Center called me three days later with a discharge plan. They wanted to discharge him back to my house. They asked me if he was stable. The only reason they didn't discharge him because, by coincidence, I knew the doctor, the psychiatrist, and I was in front of him at the discharge meeting. Samuel now is a patient from David Lawrence Center. I won't give his last name, because it's not appropriate to do that. But he missed his medical appointment. He hears voices. Sam is dangerous. In Jacksonville he tried to kidnap a three -year -old child because the voices told him that her parents were not loving her enough. In Bradenton he was Baker Acted and arrested for violent actions. Here he was Baker Acted from my home. Sam missed his med appointment, because what do mental ill people do? They have trouble organizing themselves. David Lawrence Center was unable to get him in for a new med appointment for seven days. By day two when you miss your medicine, the voices start coming back. And when you have somebody dangerous like this in the community, they're out there in the community. You will hear at some point this year of Sam hurting someone in the community or getting Baker Acted again, just expect it, and when you hear it, I've showed it to you. This is the only thing that the Sheriffs Office shows you on a public record search, right here, mentally ill person, with my address. So if you're looking for data, whether it's for this particular presentation or not, the data doesn't exist. David Lawrence Center's going pretty far with this. This is only supposed to be about a site. They've asked the Chamber of Commerce to comment and send a letter to the Board of County Commissioners to push this through. Here's the -- here's how they were mischaracterizing this issue. Vital initiative is in jeopardy. The initiative's not in jeopardy. The county needs the facility. It's just a question of location. But they've got the Chamber of Commerce believing and standing behind the fact that we're trying to Page 20 of 68 Packet Pg. 23 November 17, 2022 5.A.a interrupt that. Fear and mischaracterization by a few households. I don't think that's appropriate. I've shown you the amount of households that are aware of it. They're all represented. And they say that they're a good neighbor. Does it sound like they've been a good neighbor to us? They only began making the changes when you forced them to continue the issue and to come back here and look good to you. I'll wrap this up. I know -- I know you have a big day ahead of you. It's an institutional building according to the code word, but it's really a commercial building in a residential neighborhood. Golden Gate is not supposed to be a commercialized neighborhood. They claim that they have no intention to buy the church between themselves and their existing facility. Do any of you believe that? Two more points. Building on this site gives David Lawrence Center a monopoly. Because they're gifting us the land, they're entitled to a lease. It's a quid pro quo. We're married to David Lawrence Center regardless of their performance. And as I explained earlier, the lease gives them the right to own the property that we taxpayers have funded. In other words, we can't replace David Lawrence Center with another provider. What we're really here for today as a group of neighbors is to ask you one thing: Please understand that your vote today isn't saying no to mental health. The reason we want your no vote today is so that the Board of County Commissioners will give us a voice, they will allow us to explain why this is not a good location for it. Without you voting no today, we may not even have a chance to speak to the Board of County Commissioners. We're very new to this. We've only been here for a month trying to organization and explain ourselves to you, and we're laypeople. We're not dressed in suits trying to convince you that we have law degrees and are polished in these presentations. Look at this, I'm a mess. I'm just doing the best that I can. But if you don't vote no today, you won't give us the chance before the Board of County Commissioners to present ourselves, and we really need that as a community. CHAIRMAN FRYER: You will have a chance to present before the Board of County Commissioners because anytime there is opposition from the community, this does not go on the consent agenda. So you will have that opportunity. Thank you very much. MS. BLOCH: Thank you. CHAIRMAN FRYER: Ms. Hayes. MR. YOUNGBLOOD: Next speaker is Penelope Hayes. She's being ceded time by several individuals in the room. Whenever I call your name, could you give us a wave to let us know that you're present with us. Burt Hayes? (Raises hand.) MR. YOUNGBLOOD: William Fawcett? (Raises hand.) MR. YOUNGBLOOD: All right. Christine Fawcett? (Raises hand.) MR. YOUNGBLOOD: John Anderson? (Raises hand.) Page 21 of 68 Packet Pg. 24 November 17, 2022 5.A.a MR. YOUNGBLOOD: Sally Anderson? (Raises hand.) MR. YOUNGBLOOD: Marie Peter? (Raises hand.) MR. YOUNGBLOOD: Ken Koerner? (Raises hand.) MR. YOUNGBLOOD: Alexander Pagan? (Raises hand.) MR. YOUNGBLOOD: Theresa Pagan? (Raises hand.) MR. YOUNGBLOOD: Desiree Hope? (Raises hand.) MR. YOUNGBLOOD: Susan Salzmann? (Raises hand.) MR. YOUNGBLOOD: Tom Salzmann? (Raises hand.) MR. YOUNGBLOOD: Kate Balzer? (Raises hand.) MR. YOUNGBLOOD: Nathan Balzer? (Raises hand.) MR. YOUNGBLOOD: All right. Those are the folks that have yielded time to Ms. Hayes. CHAIRMAN FRYER: Thank you. I stopped counting at 12, because I can't believe you're going to need that much time -- MS. HAYES: I won't. CHAIRMAN FRYER: -- but we certainly -- we want to hear everything you have to say, and we will -- we'll listen to you. Go ahead. MS. HAYES: Thank you. Good morning, Commissioners. For the record, I am Penelope Hayes, a citizen whose property -- thanks so much, Andrew -- a citizen whose property abuts the proposed site in Golden Gate Estates. I am representing a group of more than 35 neighbors, the Save Golden Gate Estates Committee. By way of a video following our comments, we will show why the Estates are especially and uniquely vulnerable to the standard operations of David Lawrence Center or any behavioral health central receiving center, and we have the history to prove it. CHAIRMAN FRYER: Ms. Hayes, so you know, we're going to take a mid -morning break in about 30 minutes. MS. HAYES: I won't need that long. Yeah, thank you. CHAIRMAN FRYER: Thank you. MS. HAYES: A 65 -- 64,000-square-foot behavioral health central receiving center located in an Estate residential neighborhood is a square peg in a round hole. So how do you make a square peg fit in a round hole? You chip away at it and pound it in until it fits, unless it doesn't. Mr. Yovanovich is the only common player in a years' long stratagem. Through insidious steps over time, the promises made to both the Florida Department of Transportation and the citizens of Golden Gate Estates were disregarded and ignored. Insidiously, by definition, is proceeding in a gradual, subtle way but harmful effects. Page 22 of 68 Packet Pg. 25 November 17, 2022 5.A.a Mr. Yovanovich is very good at what it is he does, yet he was counting on the compartmentalization of information over time and the neighborhood not finding out. Every professional report and study has not recommended this site in Golden Gate Estates for this purpose. At the end of 2020, Jacobs Engineering delivered to their client, David Lawrence Center and Collier County, their extremely detailed report, the culmination of a full year -long study of five potential sites for this project. The government center, Building W, was the number -one ranked site in the formal recommendation, and, by the way, the No. 2 site was also government center, the third site was the church, the fourth site was the five -acre site in our neighborhood, and the fifth site was also government center. In fact, it scored, that is Building W at government center, highest in measurable specific for a behavioral health center which include form, function, time to build, and are overall, plus no zoning issue. Furthermore, the report states, quote, this site does create a tranquil and aesthetically pleasing view overseeing the pond, end quote. Incidentally, at the site at government center, there is no estate residential near by. And, in fact, very little residential other than a bank of buildings. Conversely, the five -acre site in Golden Gate Estates ranked No. 4 overall, second last place and, yet, it was, indeed, the site that DLC and Mr. Yovanovich petitioned for in 2021, because it was the site they wanted all along regardless of any lengthy and expensive site studies. Let's go further back, back to 2007 when Mr. Yovanovich petitioned for the conditional -use subdistrict. Staff did not recommend this site for this purpose even back then. It didn't fit. The criteria for conditional -use permit reads, quote, the petition should not be injurious to the neighborhood. COMMISSIONER KLUCIK: Can I interrupt? CHAIRMAN FRYER: Yes. MS. HAYES: Yes. COMMISSIONER KLUCIK: Can you go back and just clarify what you're referencing again. You said you want to go back to a certain point, and just start there. MS. HAYES: So back in 20 -- 2007 -- and I'm actually going to next go into that specific reference. It's petition -- COMMISSIONER KLUCIK: So this is where it was changed -- where it was changed to allow this use. MS. HAYES: For this subdistrict, exactly, and that's -- COMMISSIONER KLUCIK: And this is the -- you're talking about what happened when that came into effect, how -- what were -- what was being said at that time, or what were the conditions and how did that come to fruition? MS. HAYES: And how these promises got forgotten over time. Thank you. COMMISSIONER KLUCIK: Okay. MS. HAYES: Conditional -use permit, quote, the petition should not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the public health, unquote. A comprehensive staff report was prepared which examined the Petition CP-2005-6 and was submitted to the Collier Planning Commission on March 5th, 2007, for the Page 23 of 68 Packet Pg. 26 November 17, 2022 5.A.a transmittal hearing. Spoiler alert, the staff report recommended to not transmit. Commissioner Joseph Schmitt actually might recall. He signed the report and, of course, in a different role at that time. And in 2007, he knew it didn't fit, and here's why: Referencing the Golden Gate Estates Area Master Plan as it was at that time, the report reads quote -- this is your report -- resulting from the state's approval to fund and construct the I-75 interchange at Golden Gate Parkway, the Board of County Commissioners approved Resolution 2001-56 establishing an ad hoc advisory committee and later the GGAMP Restudy Committee. That's the Golden Gate Area Master Plan Restudy Committee. The restudy committee identified areas that were inappropriate for commercial or conditional -use development. One such area identified by the committee was the Golden Gate Parkway corridor between Livingston Road and Santa Barbara Boulevard. In 2003 the restudy committee met with I-75/Golden Gate Parkway Ad Hoc Committee members to discuss desired land uses for the area surrounding the interchange. As a result, the restudy committee recommended to the BBC -- or, sorry, to the BCC, provisions that would prohibit new commercial and conditional -use development along Golden Gate Parkway in the Estates. This is still all part of the report. This project is not consistent with the policies in the Comprehensive Plan that prohibit new conditional -use development along Golden Gate Parkway between Livingston and Santa Barbara Boulevard. Additionally, a commitment was made to the -- by the county to the Florida Department of Transportation in consideration of the approval and construction of I-75 interchange to keep Golden Gate Parkway corridor green and not allow the proliferation of commercial and conditional uses. Findings and conclusion. The proposed subdistrict is not consistent with the conditional -use subdistrict, Golden Gate Parkway and Collier Boulevard special provisions section of the GGAMP which prohibits new conditional uses on properties abutting Golden Gate Parkway between Livingston and Santa Barbara Boulevard, end quote. Well, what happened, you might ask. The agent, Mr. Yovanovich, heavily lobbied the Collier County Planning Commission at that time, and the Board of County Commissioners. And so the thorough staff report presented by Mr. Schmitt and the commitment that Collier County made to the Florida Department of Transportation were insidiously ignored. What are the county's commitments worth, and can they be traded to please one agent for one project, a project that will happen regardless of the location choice? Additionally, the surrounding Golden Gate Estates neighborhood was not duly noticed by mail regarding the subdistrict petition given that in 2006 and 2007 the Code of Ordinance Chapter 8 on mailing notices and notification area read, quote, all properties -- property owners within 500 feet of the property lines of the subject property, end quote. That doesn't go far given that our properties are 660 feet deep. Surely, Mr. Yovanovich found this a useful loophole. Of course, it now makes sense why there was no neighborhood opposition at the November 13th, 2006, neighborhood information meeting. This loophole was finally corrected this year in 2022, Code of Ordinance, and we are here. Now, you might like to know what the I-75/Golden Gate Parkway Ad Hoc Committee came up with as caretakers of the promise made by the county to the Florida Department of Transportation and the Golden Gate Estates neighborhood. Page 24 of 68 Packet Pg. 27 November 17, 2022 5.A.a I'll just read the bullet points. Beautiful gateway to the City of Naples. Quiet Estates residential living. Family and neighborly atmosphere for children. Low traffic. Wildlife and agriculture. A respite from commercial blight. Clean, crime -free area. Maintains true to the existing master plan. Desire to maintain privacy. Maintain the existing character. No further enhancements or intrusions. In closing, and before we play a video, on the issue of no compatibility between institutional zoning and Estates residential zoning, we've been asked to read a short excerpt from a letter from the owners of Kiddie Korral Preschool, whom could not attend today, dated Monday, November 14th, 2022, and this is accompanied by police CAD records and the ownership of a house located at 3150 62nd Street Southwest, Naples. To whom it may concern: Dear Commissioners, Kiddie Korral Preschool and the David Lawrence Center have been neighboring establishments with an amicable relationship since we established our preschool on Golden Gate Parkway in 1999; however, since the David Lawrence Center converted a single-family home on our street into a recovery center in 2020, incidents of random men soliciting and even entering our daycare facility has increased substantially. Over the past six months, there have been no less than five separate occasions in which random men have entered Kiddie Korral Preschool. During each of these encounters, the individual has approached staff and parents soliciting money, rides, nourishment, and the use of cell phones and restrooms. As a concerned business owner of a preschool, I stand in strong opposition to the hazardous and careless decision to place a large recovery housing center in the proposed location due to its proximity to multiple established childcare centers and the unnecessary risk that should be faced by our staff, parents, and children. Sincerely, Debbie Wallace, owner, Kiddie Korral Preschool. We do have a video to play for you. It is just over 10 minutes long, and that concludes the comments from the neighborhood. We would like to thank you for your time and your service and to just say, in closing, if it doesn't fit, please do not recommend. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I just wanted to thank you. Very helpful presentation. Obviously, you are very organized. And you, you know, put some time and thought into it. And likewise, ma'am, the information you gave was very helpful because it wasn't just emotion. It was, you know, laying down some facts for us that help us inform the situation. And I appreciate that very much. And I actually -- I shouldn't be dealing with emotion, and I won't. I don't make decisions that way, but I was very moved as well. So thank you. MS. HAYES: Thank you, Commissioner Klucik. And I just wanted to mention because the comments were made earlier by Scott Burgess and agents for David Lawrence Center, there was a lot of focus on the discharge on foot stats that point -- you know, half of 1 percent, but we as a neighborhood know and David Lawrence Center knows that the majority of traffic is not the admissions and discharge. The majority of traffic and the problems that we're experiencing are from the weekly medical appointments that the clients come and go from David Lawrence every day all day long, dozens of people that are just coming for medical appointments and Page 25 of 68 Packet Pg. 28 November 17, 2022 5.A.a prescriptions, and that is the loitering; that is the problems we're experiencing. So that would be an interesting stat. And I'm also available for questions, and if you don't have questions, I'll play the video. CHAIRMAN FRYER: Well, we do. MS. HAYES: Okay, thank you. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: And thanks again for your presentation. And, of course, it reminded me of the staff report. The staff report you read, though, was for the -- let me go back. The conditional use had already been approved, my understanding. MS. HAYES: No. COMMISSIONER SCHMITT: Okay. I'm looking at the background on this, and this, again, had been a year since that report was done. But the existing David Lawrence Center facility was established through the professional -use process and older version of the current conditional -use process. Somebody's phone ringing; not mine. MS. HAYES: I actually have the document, if you want me to take it out of my bag and hand it to you. COMMISSIONER SCHMITT: Well, I'm just -- CHAIRMAN FRYER: Whose telephone is ringing, please? And can it be silenced or answered or -- COMMISSIONER SCHMITT: Well, there was -- the precursor to the conditional -use process that existed; is that correct? Mike, just for the history of this. Because there was a conditional use. It was a provisional use. It preexisted the Golden Gate Area Master Plan. And I'm just trying to gather the facts here, because we're now conflating this facility as a commercial facility, and it's being presented to us as a government facility. And so -- MR. BOSI: Mike Bosi -- COMMISSIONER SCHMITT: Go ahead, please. MR. BOSI: Mike Bosi, Planning and Zoning director. I think you're talking cross purposes. What you're talking about, the original provisional use, is the existing center. COMMISSIONER SCHMITT: Existing center, correct. MR. BOSI: What Ms. Hayes is referring to was the staff report that established the institutional subdistrict that authorized David Lawrence additional medical facilities as a conditional use. So what -- and that was the GMP amendment that created the subdistrict that allows for the David Lawrence medical facility to be -- to seek a conditional use. That's what she's referring to. COMMISSIONER SCHMITT: And that was eventually approved by -- MR. BOSI: That was approved by the Board of County Commissioners. Staff -- COMMISSIONER SCHMITT: By the Planning Commission and overruled -- or basically overruled the recommendations of the staff. The Planning Commission approved it, and the Board of County Commissioners approved it. MR. BOSI: Ultimately, the Board of County Commissioners approved it, yes. COMMISSIONER SCHMITT: Correct, okay. Page 26 of 68 Packet Pg. 29 November 17, 2022 5.A.a So that's -- so clearly, now, the existing zoning is the conditional use, which has existed since 1977, I believe, and now the institutional subdistrict. MR. BOSI: The institutional subdistrict allows for an additional facility for David Lawrence through a conditional -use process. MS. HAYES: Would you like this document, Commissioner? COMMISSIONER SCHMITT: Oh, no. I clearly remember that. I was just trying to, for the record, so my other colleagues would understand what had happened, because there was the -- yeah, Mike -- as Mike said, the conflating issues here, but the existing conditional use is still in existence today that authorized the existing facility. That was the petition to allow for the expansion of services. MS. HAYES: Yes. This is -- I'm not referring to the existing. This is what laid the groundwork for why we're here today. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: I've got Commissioner Shea first, and then -- COMMISSIONER KLUCIK: Can I just ask the Vice Chairman a question about what he just said? CHAIRMAN FRYER: Go ahead. COMMISSIONER KLUCIK: So what you're saying is when the conditional use was expanded or the zone was created, that's when your report said -- recommended against it, but then it was -- it was overruled and voted -- it was approved over the opposition of staff? COMMISSIONER SCHMITT: Correct. COMMISSIONER KLUCIK: Okay. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I have a question for Mike. I mean, there were a lot of facts. For the record, do you disagree with any of the facts that were presented by the speaker in terms of the timing, the documents, the history? MR. BOSI: Not having all of the specificity, I don't think there was anything that I heard that was not in alignment with the situations and how the situations have came about. COMMISSIONER SHEA: I just wanted to give you the opportunity to get a little fact check in here. MS. HAYES: Thank you. CHAIRMAN FRYER: Thank you. In keeping with our usual custom of having a midmorning break -- and I don't want to worry whether this is a 10-minute or 12-minute or even 15-minute video -- I'm going to call for our midmorning break right now and ask that we come back at 10:30. So we're in recess until 10:30. (A brief recess was had from 10:18 a.m. to 10:30 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Ladies and gentlemen, let's reconvene. Ms. Hayes. COMMISSIONER SCHMITT: Mr. Chairman, while waiting for Ms. Hayes, can I just clarify? CHAIRMAN FRYER: Please. COMMISSIONER SCHMITT: For the colleagues up here, just so you Page 27 of 68 Packet Pg. 30 November 17, 2022 5.A.a understand -- and it was pointed out in the staff report that the petitioner at any given time could have still come in and amended the conditional use, because the conditional use still exists on the site. They chose to go PUD, Planned Unit Development, because it allowed for more, I guess, versatility and a lot more ability to do what needed to be done on the site to allow for any concerns of the public. So I just wanted to make sure you all understood that the report Ms. Hayes presented, yes, the staff did recommend denial, but as our commissioners get paid to do and certainly the voters who vote for them expect, whether they vote with the consensus of the public or not, but the Board of County Commissioners did approve the district. So that was -- and that's typical. It's not typical, but it does happen where the Board hears the staff -- and I was the administrator for Community Development at that time -- that they hear the staff, and just say thank you and make a vote for approval or disapproval based on where they assess the needs are and the requirements. And in this case it was approved and, therefore, it set policy. MS. HAYES: Thank you, Commissioners. COMMISSIONER SHEA: But does that mean that they are obligated -- we don't have to approve this particular petition -- COMMISSIONER SCHMITT: No. COMMISSIONER SHEA: -- because of anything historical? COMMISSIONER SCHMITT: Only -- only the fact that the conditional use exists today. It's a conditional use by policy that sort of, for lack of a better term, usurped the Golden Gate Area Master Plan restriction. They did it by policy. COMMISSIONER SHEA: Okay. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: And then on 9A1 -- they're companion, 9A1 and 9A2. 9A1 is legislative; is that correct? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Uh-huh. COMMISSIONER KLUCIK: And 9A2 is -- CHAIRMAN FRYER: Quasi-judicial. COMMISSIONER KLUCIK: -- quasi-judicial. And so -- all right. Thank you. CHAIRMAN FRYER: Thank you. I think, Ms. Hayes, we're ready. MS. HAYES: Thank you. And I'll just say to your point, Commissioner Schmitt, that it is our argument that what transpired between the staff report and the recommendation to decline and the decisions later by the Planning Commission and Board of County Commissioners was a result of lobbying by the agent and the neighbors having not had the opportunity to speak. Thank you. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. And I guess to the point that, I guess, the Vice Chair made and the point that I just wanted clarification for, since it's legislative, we can just vote -- as commissioners, for Item 9A1, we can just vote how we wish to vote. We don't really need to have any criteria at all except we think it's a good idea or a bad idea? CHAIRMAN FRYER: Yeah. I think when we're sitting in a legislative capacity, Page 28 of 68 Packet Pg. 31 November 17, 2022 5.A.a we're looking at what is in the best interest of the county. Since these are combined, we apply the quasi-judicial rules like swearing in of witnesses and disclosures. Ms. Hayes. MS. HAYES: Thank you. If there's no further questions, I can play the video presentation that we have on behalf of our neighborhood group. COMMISSIONER KLUCIK: And did you understand the point that I just made? MS. HAYES: I believe I did. COMMISSIONER KLUCIK: Yeah. So, like -- and the only reason I say that is is whether it's the petitioner or Mr. Yovanovich or yourself, you can appeal to our -- you can appeal to our emotion, I guess, but you can appeal to our judgment regardless of not -- and not just criteria where we're acting as if we were someone like a judge where we can't really just decide how we want. We have to decide based on whether criteria have been met. MS. HAYES: That is helpful. Thank you. COMMISSIONER KLUCIK: So, yeah. So we can just vote how we want to. MS. HAYES: Thank you. COMMISSIONER KLUCIK: And that's not always the case. CHAIRMAN FRYER: Thank you. MS. HAYES: With discernment. COMMISSIONER SHEA: It makes it sound willy-nilly, doesn't it? MS. HAYES: Andrew, in playing this video, is there -- how do I access the actual, you know, mouse? Is it just -- thank you. Thank you so much. Is the volume up? MR. YOUNGBLOOD: It should be. MS. HAYES: Oh, we're missing stuff. CHAIRMAN FRYER: We should be hearing audio now? MR. YOUNGBLOOD: You should be, yes. Let me go check with Troy and see what the audio issue is. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, sir. COMMISSIONER KLUCIK: Should we have a recess until this gets resolved? CHAIRMAN FRYER: We can. COMMISSIONER KLUCIK: I just don't think it would be fruitful to do something else. CHAIRMAN FRYER: Here's Mr. Miller. Let's see if he can get it resolved quickly. If not, we will have another recess. COMMISSIONER KLUCIK: Hey, there's a resolution. MR. MILLER: That's as loud as it goes. CHAIRMAN FRYER: Oh, boy. Okay. (A video was played as follows:) If somebody's stands in front of me on my property 150 feet in from the main road in two cases, 300 feet in from the main road in the third case and tells me -- (The video was paused.) (Simultaneous crosstalk.) Page 29 of 68 Packet Pg. 32 November 17, 2022 5.A.a COMMISSIONER KLUCIK: Can you start it again, because I missed all that. And can you give us some context? Who's speaking here? What is this? MS. HAYES: The first speaker is Elizabeth Bloch. She's a neighbor. And this is at one of the two meetings that David Lawrence Center invited the neighborhood to discuss things that could be done to improve. CHAIRMAN FRYER: It's all the way up, Mr. Miller? MR. MILLER: That's all the volume I have. CHAIRMAN FRYER: Okay. (A video was played as follows:) -- we know who we're talking to. If somebody stands in front of me on my property 150 feet in from the main road in two cases, 300 feet in from the main road in the third case, and tells me they just came from David Lawrence Center, I genuinely don't care if you believe that they came from David Lawrence Center because I know what I heard and I know what I experienced. Do you ever have sex offenders in your campus? Known sex offenders? Do you ever have them in your campus? If someone's brought into us involuntary, I guess there's a possibility that someone that's brought into us -- Do you ever have them? Have you ever had them? Have you had sex offenders at your campus? Yes. Okay. Yes. Do they get reported to the database? Yes. We're a mandatory -- To the sex offender database? Yes -- And how do you release them to the neighborhood? How are they released? How are they reported? Every case is individual. I can't think of a case right now, but I guess you have to be more specific with what your question is. We're talking about a sex offender -- (Simultaneous crosstalk.) A sex offender is pretty -- We've been threatened on our own properties, and I haven't heard you address any of that right now. On a sex offender basis, maybe you shouldn't take sex offenders, people that are registered sex offenders, into your facilities. There are preschools, two of them .4 miles from the David Lawrence Center. So individuals are everywhere that could potentially be a threat, okay, and that's a fact. That's not the point. The point is you're actually bringing them to our neighborhood. Right, but we're not talking about if they're outpatient. I think last time we were here we talked about how probably the people that might be trespassing Page 30 of 68 Packet Pg. 33 November 17, 2022 and whatnot are probably people coming to us for their medication visits. And how do you plan to -- And that's an interesting point. We have no civil jurisdiction over those individuals. They are individuals that are not under Baker Act. They're not under any order by the Court or anything. What can we do? (Unintelligible) deal for you guys either, right? I mean, this is the best place. There's no resources near by. (Unintelligible.) Well, it's considered to be the evidence -based practice, and this is the way that it's been done in every other central receiving facility in the state of Florida. How many are in residential neighbors that you know oV We just visited two in the last two months. Where? Lakeland and Bradenton. But with properties like this -- (Simultaneous crosstalk.) -- forested, chain -link fence, and I could walk right into the neighborhood. (Simultaneous crosstalk.) -- wooded areas. Wait, what did he say? Chain -link fence, chain -link fence, chain -link fence. That was Scott Burgess, the president and CEO of David Lawrence Center. We're not going to take his word for it. We're going to check it out ourselves. So first let's look at Suncoast. He referred to it as Bradenton, same thing. Here they have a nice main campus. They have some facilities, some parking lots. Looks like a tennis court. But then the surrounding area -- let's check that out, because that's what we're really looking for. Burgess is saying it's the exact same thing as the proposed site in Golden Gate Estates, Naples, Florida, which are Estate residential neighborhoods. What we're looking at here is Bradenton, and there are no Estate residential near this campus. Let's look at it on Google Maps just to be sure. Get some identification markers. Again, here's Suncoast, otherwise known as Bradenton. Right directly behind that large building is a Walmart supercenter with a very large parking lot. Still not Estate residential. Here's a residential area. This is condominiums, luxury condominiums, and, again, condominium developments are not the same as Estate residential zoning. And here let's look at Lakeland. That's the other behavioral health center mentioned that's also in Florida. So here's Lakeland Behavioral Health. Here's their main campus. What is this space here? Could this be Estate residential? No, it's a golf course. Okay. So we have wide open spaces. The point we're making with Estate residential is places to hide. These are the type of problems we've had, the clients from behavioral health coming in hiding in our sheds, outbuildings, workshops, forested areas on our large residential properties called Estate residential. Page 31 of 68 Packet Pg. 34 November 17, 2022 5.A.a So looking again at what else is around Lakeland. There is some residential. There are some streets of residential. And take note, this is standard residential zoning. In fact, they don't even appear to have trees or sheds. They don't have anything on their properties. This is a mobile home park, so no trees, no outbuildings, no yards whatsoever. Definitely not the same. Let's look at Golden Gate Estates. This is the area that we're talking about that Scott Burgess said was the same as those ones you just saw. So let's see if it's the same. This is our neighborhood. This is Golden Gate Estates in Naples, Florida. This is the existing David Lawrence Center that you're seeing now. This is the surrounding area. This is what we have been talking about. This is what Estate residential zoning looks like. These are all single-family homes on Estate residential zoned lots. These are large properties, two acres to eight acres each one of them. This is the -- on the left you're seeing the five -acre lot in question that they would like to put yet another DLC. This would be their central receiving center, and they would like to put it in that five -acre lot. And you'll see residential homes all around. The property, the lot, the five acres is literally carved out of an Estate residential neighborhood. To be fair, let's look at the whole areas. Is there anything else? So Kiddie Korral, that's a daycare. Again, these are just homes. This is what Estate residential looks like. Let's see it from another angle. So some of these markers that come up are just small businesses that people run, and they've attached their home address to them. People who live here build dreams. They have horses and barns and equipment. Sometimes for their small businesses they enjoy the privacy. They plan to stay here for a lifetime. This is not living in a condo for a few years. Estate residential is a very specific lifestyle, and Golden Gate Estates was set up to protect that lifestyle, the Golden Gate Area Master Plan. This is where we were sitting on our back patio when a K9 unit came through with his handler looking for somebody who had escaped and went through our shed. But let's go back to Lakeland and Suncoast Behavioral Health Centers. Okay. So these were referenced by DLC themselves as best practices behavioral health centers that happened to be located near residential. This first headline reads, a dozen teens involved in Lakeland escape. The article states records obtained by the news leaders show that Monday was not the first escape from Lakeland. Perhaps Bradenton, otherwise known as Suncoast, has a better track record. Let's see. This article is talking about another escape during the intake process at Suncoast Behavioral Health in Bradenton. Now, this is particularly alarming from Suncoast Behavioral Health in Bradenton. This is from OSHA, this is the U.S. Department of Labor's website, and it is talking about a very recent incident in 2021 tracking two -and -a -half years of cases of 50 attacks. A federal judge finds Bradenton Behavioral Healthcare Page 32 of 68 Packet Pg. 35 November 17, 2022 5.A.a Center exposed workers to more than 50 attacks by residents. The facility operates as Suncoast Behavioral Health Center in Bradenton. Now that you guys have heard what we've said have happened on our property with your existing location, what do you think is going to happen when you add intensity to it? -- continues tonight for this man who escaped, we're told, from a mental health center and then carjacked a woman in Delray Beach. Authorities say Angelo Colis (phonetic) can be violent and does have a history of mental health issues. Police say that he actually escaped from a different mental health facility and then tried breaking into a Palm Beach Gardens police car. A mental health patient who escaped from a local hospital has been found. Now, this is his picture here. Harris has been a patient at AltaPointe since 2008. According to court documents, it says he was placed under their care after being found not guilty by reason of insanity for stabbing his father, John Harris, to death. Now to our other top story, police catch an escaped mental patient as we learned that a mistake by staff and a long-standing security problem allowed him to get away. It also took a day -and -a -half for the public to be notified that the potentially dangerous escapee was on the run. The patients have rights. They have rights to privacy. He wasn't supposed to leave this mental health facility in Sanford, but police officers say Samuel Badsen did, and then put a woman through terror. I've never really thought about, like, people escaping before. I always assumed that they were more, like, protective than that about, like, letting people out. Like, I didn't think it could happen. Vega escaped custody about 8:00 this morning while being transferred from the Elgin Mental Health Hospital to the Lake County Courthouse in Waukegan where he's facing charges for allegedly assaulting his girlfriend, fracturing her skull. He's also the subject of federal warrants. While police warn residents that Vega could be armed and dangerous, he apparently spent some time hiding in this small basement entryway in the neighborhood. They're in a secure facility and behind locked doors. Until the doors are opened and they're let out to appreciate their own civil rights while we're being put at risk. (The video concluded.) MS. HAYES: That concludes our presentation. CHAIRMAN FRYER: Thank you. Any questions from the Planning Commission? Comments? (No response.) CHAIRMAN FRYER: Thank you, Ms. Hayes. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, Commissioner Klucik. COMMISSIONER KLUCIK: Can you just again explain your relevance to the community? You're one of the residents? MS. HAYES: My property abuts the five -acre lot that we're talking about. Page 33 of 68 Packet Pg. 36 November 17, 2022 5.A.a COMMISSIONER KLUCIK: If you don't mind, what do you do, like, as a career or -- MS. HAYES: I'm an author, a best-selling author of 12 books. I'm a television personality. I was five years on ABC News as on -camera talent. I've been on the Dr. Phil show speaking to suicide and mental health. I've been on Good Morning America. Yeah, that's what I do professionally. COMMISSIONER KLUCIK: Well, that explains why you're so effective. MS. HAYES: Thank you. COMMISSIONER KLUCIK: Thank you for being here today and helping us -- you know, giving us information to help us make our decision. MS. HAYES: Thank you. CHAIRMAN FRYER: Anyone else? (No response.) CHAIRMAN FRYER: Thank you, Ms. Hayes. Mr. Youngblood. MR. YOUNGBLOOD: Now we go online to our online speakers. William Rogers is going to be our first online speaker. William, are you with us, sir? You're being prompted to unmute your microphone. MR. ROGERS: I am with you, thank you. I'm an attorney. I represent the David Lawrence Center. I sat in to answer if there were any questions that required a legal explanation, none of which have. So unless Mr. Burgess or Mr. Yovanovich has something for me, I have nothing to say. MR. YOVANOVICH: He's part of the team in case you had some questions. CHAIRMAN FRYER: I gathered. I gathered. Anybody have questions or comments for this gentleman? (No response.) CHAIRMAN FRYER: Thank you. Next speaker, please. COMMISSIONER KLUCIK: I suppose I would have a question. CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: We heard from one of the members of the community. They were voicing concerns about the -- I guess, you know, once -- if this were to go forward, there would be little that the county could do if the services weren't -- you know, weren't adequate or, you know, people had problems with the way the services were delivered which, you know, would not be what anyone expects, but it could happen. I mean, the idea is we're talking about having a 30-year agreement that is -- would be very detrimental to the county if the county, you know, felt that they were compelled to not work with the David Lawrence Center anymore. MR. YOVANOVICH: Yeah, that -- COMMISSIONER KLUCIK: I'm asking the attorney. MR. YOVANOVICH: I am the attorney. He doesn't know anything about the legal. COMMISSIONER KLUCIK: He doesn't know anything about that. Oh. MR. YOVANOVICH: He's the attorney on the lease. COMMISSIONER KLUCIK: You're right. You are an attorney. My gosh. I guess you got backup. Page 34 of 68 Packet Pg. 37 November 17, 2022 5.A.a MR. YOVANOVICH: I do, on issues that I don't have the knowledge. COMMISSIONER KLUCIK: No, but he's the attorney for the David Lawrence Center, and so are you? MR. YOVANOVICH: I'm the attorney for the David Lawrence Center who actually was involved in negotiating the lease. COMMISSIONER KLUCIK: Okay. Got it. So speak to that, if you would. MR. YOVANOVICH: The county absolutely has the right to declare us in default, and if we don't cure that default, they have the absolute right to kick us out. COMMISSIONER KLUCIK: And then what -- because you gave up the land, you donated the land, how does that work? MR. YOVANOVICH: They would replace us with a new operator or -- I'll get back -- if you want to get into the negotiations, the county wanted a provision that required us to buy the building at market rate because they believed it would increase in value. We had offered to pay back every penny the county invested in the building so the county would always be whole if, in fact, we were no longer the provider and the land was no longer available. The county wanted to be able to go with the upside and put it to us and say, if it's worth 50 million, you've got to pay 50 million; otherwise, they could -- COMMISSIONER KLUCIK: What's the current value of the land if you had to guess? MR. YOVANOVICH: I don't know. I'd have to look it up. COMMISSIONER KLUCIK: One million or 10 million or -- MR. YOVANOVICH: Mr. Klucik, I'd have to look it up. I have no idea. COMMISSIONER KLUCIK: Well, just, like, is it 100 million? MR. YOVANOVICH: I'm telling you I don't know. COMMISSIONER KLUCIK: Don't know. Okay. So I'll say five million. I have no idea. MR. YOVANOVICH: Okay. You could pick any number. COMMISSIONER KLUCIK: Okay. My point is that there's no -- you know, there's no infrastructure overhead for the David Lawrence Center in exchange for giving up land that you don't know the value of, which is weird that we're in negotiations but you don't know the value of the land. I would think -- MR. YOVANOVICH: Why would I look up the value of the land as part of a zoning evaluation? COMMISSIONER KLUCIK: Well, you just got done talking about the negotiation of the contract. MR. YOVANOVICH: You asked me what the remedy was if there was a default in the lease, and I told you what the remedy was in the default of the lease. COMMISSIONER KLUCIK: Right. And certainly anyone who's thinking of -- and, excuse me. It's implausible to think -- and maybe you don't know, but it seems implausible to think that you would enter into a -- talks of this magnitude where you're donating land and you don't know the value of the land that you're donating. That, to me, is farcical. I understand that you might not know, but to act like it's a weird question and that no one would know and no one thought of this before -- MR. YOVANOVICH: I could look it up. COMMISSIONER KLUCIK: -- is very strange. Page 35 of 68 Packet Pg. 38 November 17, 2022 5.A.a I'm talking, and you're talking over me, which you have a habit of doing. I actually like you, but that's something that's -- MR. YOVANOVICH: I'm sorry. COMMISSIONER KLUCIK: -- very frustrating to me, because I'm making a point. I am here representing the county as one of the commissioners on the Planning Commission, like my colleagues here. We have a job to do. I get it, you have a job to do, but your job is to present to us and defer to us, you know, as procedurally as appropriate, and I don't appreciate that. MR. YOVANOVICH: May I? May I? COMMISSIONER KLUCIK: No, you may not. I'm not done. MR. YOVANOVICH: Okay. I was just going to respond to your question about the value. COMMISSIONER KLUCIK: I wasn't done making my point. That was the whole reason I started lecturing you. MR. YOVANOVICH: Thank you. COMMISSIONER KLUCIK: It just seems implausible to think that that's just some unknown number. So I'm going to ask our chairman of the David Lawrence Center to come up right now and please let me know what he thinks the value of the land is. CHAIRMAN FRYER: Mr. Burgess. COMMISSIONER KLUCIK: I'm sorry, Mr. Chairman. I shouldn't have just done that on my own. I apologize. I should have asked your permission if I could ask for that. CHAIRMAN FRYER: Leave granted. MR. BURGESS: We have not had a recent appraisal done of that property, so I would say that your number is probably somewhere in the range. COMMISSIONER KLUCIK: Okay. And what's the value of the center, probably, when it's done? MR. BURGESS: Well, the -- COMMISSIONER KLUCIK: Without the land cost. Like, if you were just thinking the facility that's planned, roughly is -- MR. BURGESS: The sales tax initiative has obligated $25 million to this project. COMMISSIONER KLUCIK: Right. So you're -- clearly, you're giving something up which is very valuable, which is that land, and in it you're getting all the overhead that you don't have to worry about for 30 years. MR. BURGESS: For a $1 a year for the lease. COMMISSIONER KLUCIK: A dollar a year. MR. BURGESS: Correct, yes. COMMISSIONER KLUCIK: Right. So all I'm saying is is that's a really good situation, and the point of it is is that, you know, we're here, and we're talking about this, and we're kind of overlooking the fact that you're locked in. Now, my concern is, what if the county, you know, has a problem with the quality of the services or, you know, there's all sorts of issues that could come up. You're running a business, I got it, that's a non-profit, but it's a business, and people see things differently, and sometimes people make a great plan and everyone sees the synergy, and then it goes sour for who knows. It doesn't have to be anyone's fault. Nobody's wrong. People just see things differently. That happens all the time. Page 36 of 68 Packet Pg. 39 November 17, 2022 5.A.a So my question is, how does the county get out of that? And I think what I heard is that in that situation, the county could lease it to somebody else or that you could buy it. Which is it? MR. YOVANOVICH: The county would say to us, if they decided to terminate the lease -- COMMISSIONER KLUCIK: Sure. MR. YOVANOVICH: -- the fair market value of the facility -- I'll make up a number -- is $50 million. We would either have the opportunity to pay the county $50 million or vacate the premises. COMMISSIONER KLUCIK: Okay. And then if -- and then the county would be in a position to have to find services somewhere else? MR. YOVANOVICH: They would build another facility, yes. COMMISSIONER KLUCIK: With that $50 million? MR. YOVANOVICH: With that $50 million, yes. COMMISSIONER KLUCIK: All right. So there's -- to some extent, the county is protected because they would get the market value, which seemingly would be pretty good. To the other intent, though, if that were to happen, the county would be without a provider for this program for a few years until they built something else and came up with a provider. MR. YOVANOVICH: Yeah. And we're -- COMMISSIONER KLUCIK: So there is a downside? MR. YOVANOVICH: Of if the county has another facility available in the meantime to move in. I don't know. There's -- yes, the answer is the county would have to find another building to provide the services. COMMISSIONER KLUCIK: So David Lawrence Center and the county are both making a huge commitment to one other and to the county, and that means that there is a potential downside because you're really investing a lot in each other. MR. YOVANOVICH: Well -- and I apologize if I talked over you. You and I have a habit of doing that to each other. COMMISSIONER KLUCIK: I do that to a lot of people myself, so I certainly understand. COMMISSIONER SCHMITT: You're doing it now. MR. YOVANOVICH: So, Mr. Klucik -- and I was going to look up the value, because I haven't done an appraisal. You've seen me many times where I tell you I don't know, can I go get the answer for you. That's what I was going to do. So going back to when -- the discussions about picking the site, you made a very good point, because the analogy was it's a marriage, and you want to make sure, to the best of your ability, that who you pick to be your spouse will be your spouse forever. Statistically that doesn't always work out, but that consideration was discussed. And you have before you a provider that has been here for 55 years and this location for 47 years, and the Board of County Commissioners said, we're willing to take the risk of this being our spouse. So there's always risk, but there was that thoughtful discussion, and that analogy was actually made at the Board. COMMISSIONER KLUCIK: And I apologize, Mr. Chairman, because I kind of derailed this from hearing from the members of the public remotely to -- because I thought Page 37 of 68 Packet Pg. 40 November 17, 2022 5.A.a I had a question for the attorney who was remote which, clearly, I didn't. But I veered us off track, which sometimes I do. I realize that. CHAIRMAN FRYER: Thank you. Who's the next speaker, Mr. Youngblood? MR. YOUNGBLOOD: Mr. Chairman, our final speaker is Melanie Brown Woofter. Melanie, you're being prompted to unmute your microphone. Are you with us, ma'am? MS. WOOFTER: Yes, I am. I am the president and CEO of the Florida Behavioral Health Association, and I just wanted to thank you all for your time this morning and for your interest in this very important issue. I do want to stress that there are about 15 central receiving facilities, including this one that's potentially coming up, across our state, and that communities have embraced the central receiving facility because it has worked to eliminate some of the problems that you -all are discussing this morning. We have at least two of these facilities located on the same street as a school. The school has no complaints, no problems. There's not been any interaction with the students and the CRF, and the facilities work very, very well to strengthen your community. So thank you for your time, and we appreciate this consideration. CHAIRMAN FRYER: Thank you. MR. YOUNGBLOOD: And that concludes our registered speakers for this item. CHAIRMAN FRYER: All right. Any people in the room who have not already ceded their time wish to be heard in this matter? (No response.) CHAIRMAN FRYER: If not, thank you. We'll close the public comment portion again, and any questions or comments before we go to rebuttal? If not -- COMMISSIONER KLUCIK: Yes, I do. CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: So, Mr. Yovanovich, you heard, you know, in the video, particularly, you know, some of the concerns that are real when if -- you know, in a similar facility. And so I guess I -- how do you answer that that -- you, obviously -- the type of facility that you're going to add through this petition would be similar to what -- you know, the facility that we saw, you know, in these news reports. And I'm just trying to figure out, how do you answer that in a way that makes it clear that we're not really burdening these neighbors and that -- you know, that the idea that we picked the four -- you know, I understand the powers that have the authority have -- you know, they chose to pick the fourth -rated site, according to what we've heard. I mean, maybe there was some other ranking, but that's what we've heard -- and not pick the first or the second or the third -rated site. So I guess my question is, we see these reports of these kind of incidents that -- first of all, we have the incidents that have happened already, and then we have the incidents that we see are happening at similar more intense facilities. What's your answer to that? Because to me I get -- you know, it doesn't look good for me to vote yes on this when I -- you know, on top of everything else, then I see that and then I'm like, oh, gosh, Page 38 of 68 Packet Pg. 41 November 17, 2022 5.A.a yeah, there's even -- you know, we can expect it to be worse. MR. YOVANOVICH: Well, first of all, the services that we're going to provide are already being provided on the site. So it's going into a newer building with the sally port. COMMISSIONER KLUCIK: With better security. MR. YOVANOVICH: With much better security. With much better security than exists today. But the history -- I quickly tried to look at the dates of when these incidents occurred. I think they were 2014 and 2015 were the dates. I may have missed the dates. The statistics from the Sheriffs Office are clear that this is not an unsafe facility. I find it hard to believe -- COMMISSIONER KLUCIK: Well, I'm going to interrupt. MR. YOVANOVICH: Please, let me finish this time. CHAIRMAN FRYER: No, the commissioner wants to speak. MR. YOVANOVICH: Why does he get to interrupt me when I -- CHAIRMAN FRYER: Because he's a commissioner and you're not. COMMISSIONER KLUCIK: Soto the point that you just made, we heard testimony today that, you know, indicated, you know, that the reports -- that the Sheriff or the law enforcement actually doesn't really keep very good track. Now, I happen to have been in the bathroom when this was happening, but I was paying attention. And was it you, ma'am, that were speaking about that? And you gave very detailed information about how this incident happened, and it really doesn't even show up or it wouldn't even show up if you went to try and find all the incidents, that that wouldn't have popped up as an incident related to the David Lawrence Center. MR. YOVANOVICH: And so -- COMMISSIONER KLUCIK: I'm not done. Should we watch the tapes to see when I give my queues when I'm done and when you interrupt? The -- I apologize. You're a great guy, and I kind of was teasing you in front of everybody, and that's inappropriate, so I apologize. That information, you know, and those -- that fact that it's -- these things aren't been captured, I don't think what you just said makes sense, because I agree, because I know in my experience as a lawyer when I try to find, you know, evidence of incidents, there are oftentimes when there is no record of things that I know happened and that I know were reported because the systems that we have don't -- don't categorize them appropriately. Even -- you know that, you know, as a lawyer who deals in real estate, sometimes it's very difficult to even find a document in a database that's indexed because you just don't which term to use in the index. So all I'm saying is is that these statistics that you're talking about, I don't think it means -- it doesn't mean anything to me for you to throw that out there, and I don't think it should mean very much because they're not capturing this. There's no system that says we're going to capture David Lawrence Center related incidents, and as a matter of fact we know for a fact that it's missing some, and I think that that's very significant. And so when you say that, it doesn't hold much weight with me. MR. YOVANOVICH: And you didn't let me finish my thought. The Kiddie Korral never called the police. They didn't say, we called the police because we were worried. They never called the police. You had testimony four weeks ago from a neighbor who said he saw some people Page 39 of 68 Packet Pg. 42 November 17, 2022 5.A.a walking around his house; he never called the police. He admitted it on the record he never called the police. So for people to now come up there -- and I can't verify. I'm not going to question whether they're telling the truth or not the truth, because you and I went at it last time about whether they were from the DLC -- David Lawrence Center or not. I don't know. There wasn't a report. You have the testimony from one person who today, for the first time, says she filed a report, and there was a trespass. I don't have the ability -- the ability to physically check today that fact. I will have the ability to check that fact between now and the Board of County Commissioners. But let's take her at her word -- and I have no reason to believe that she didn't call and have somebody trespassed. I believe the date of that was 2015 or 2014. I think that's the dates. Is that what we saw? That's the dates we saw. So that's seven or eight years ago that that did happen. And that's one. I'm not saying -- that's one out of an average of, roughly, 2,000 a year -- 2,000 a year of people who are treated. COMMISSIONER KLUCIK: How many are going to be treated once the facility is built? MR. YOVANOVICH: Well, the beds are being added -- let me get the exact number of beds that are being added. So we're going to go from 45 to 102, which is -- COMMISSIONER KLUCIK: So you're going to at least double the number of -- MR. YOVANOVICH: Which is 57. COMMISSIONER KLUCIK: We can go ahead and kind of give a correlation that the throughput is going to be a little bit more than doubled? MR. YOVANOVICH: Yeah, a little bit more. COMMISSIONER KLUCIK: Okay. All right. So that means you're going to have -- you're right. So we don't know how many times this is happening; that's the whole point. All we know is the people to whom it's happened to are letting you -- making you aware of it, and the daycare operator is letting you know about it. I understand -- a lot of people are reluctant to call the police, because the fact that there's a nuisance, and that there's something that seems un -- you know, that's it would be more disruptive to -- you're running a daycare. It would be more disruptive to have the police come every time someone shows up, and it would also be -- I would think that you wouldn't -- you know, you don't want your customers to -- you know, to see that there's police there and everyone to realize there's a stranger there. So the idea that people aren't calling the police and that they're just, you know, all of a sudden now mentioning it, I don't think that helps your case at all. I -- you know, we saw a letter from the -- from there. It's not testimony; it's a letter. But I have no reason to think that -- you know, that they wouldn't testify to that if she came in, and we heard -- you know, we heard the neighbors, who testified under oath, that these incidents have happened. And I don't think you get very far by saying that we don't know. The Sheriff didn't report it. The police weren't called. None of that really makes a damn bit of difference, because when it's your house and someone doing that, you don't have to report it to the police. Your neighbor is creating a problem; your neighbor is the David Lawrence Center, your neighbor's clients, their business. Obviously, they're not purposely creating the problem, but because of their business, this problem exists, and it affects you very much, Page 40 of 68 Packet Pg. 43 November 17, 2022 5.A.a and you're dismissing it saying, well, we don't have data or they didn't call the right people. No, that doesn't work. MR. YOVANOVICH: And that's fine. It doesn't work for you. I got it. COMMISSIONER KLUCIK: Right. MR. YOVANOVICH: I got it, but let me -- COMMISSIONER KLUCIK: And we have testimony under oath, and that really is helpful. MR. YOVANOVICH: And I know, and -- COMMISSIONER KLUCIK: And you're speculating that it might not be true. MR. YOVANOVICH: I didn't say that. I never once said it wasn't true. What I said was I, frankly, disagree with your premise that if you're afraid for the children at that daycare, the first thing I would do to make sure they were safe would be to contact the police and report it. I would do that -- I would say, let's -- I want to tell you what happened -- COMMISSIONER KLUCIK: No, I understand that, but I also would say that this cuts against your argument that everyone just is afraid of people who have mental health issues, because, instead, this owner -- instead of calling the police, this owner treated these people like human beings that maybe need a break, and you don't have to call the police even if they're doing things that might warrant some people to call the police. So I think it actually cuts against the mantra and diatribe that everybody who's against this is against mental health. So I don't think you're getting very far with some of the points you're trying to make. And, yes, I'm deliberately interrupting you when you make a point that I don't think holds much weight. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. If I may, Mr. Yovanovich, thank you for your presentation and also, Mrs. Hayes, thank you very much. If I may back up for one moment, we understood that approximately 2,300 patients are served a year, and out of that roughly one half of 1 percent end up being, for lack of a better term, walkaways. One, one -and -a -half, let's say half a person a month. That's great. MR. BURGESS: That's per year. COMMISSIONER SPARRAZZA: MR. BURGESS: Not per month. COMMISSIONER SPARRAZZA: month, 12, 15 a year, correct? MR. BURGESS: Perfect. Right, right. Per year. Correct. So it's -- we'll say one person a COMMISSIONER SPARRAZZA: And those are of your patients that are, we'll say, admitted and staying overnight? MR. BURGESS: Correct. Those would be individuals that were in our in -patient setting. COMMISSIONER SPARRAZZA: Great, thank you. I may be speculating, but is it possible some of these trespassing problems or problems that the neighborhood have concerns about boil down to the patients that come in for a one -hour meeting, a one -hour consultation; somehow get there, possibly don't have a Page 41 of 68 Packet Pg. 44 November 17, 2022 5.A.a return home? If we set it up this way that it sounds as if, maybe by listening to the neighborhoods, you've completed a good plan for your patients that are admitted to -- with use of Uber or other public transportation or whatever the case may be, getting them to their final destination, is it possible that we haven't taken that same approach to the people that come in on either a day-to-day walk-in or they're weekly appointment or something? And if so, can we apply those same thoughts and process of what you've done for your patients to those people that are walking in to pick up their meds, to have the half and hour/hour consultation with a therapist or something but, unfortunately, maybe we don't know how they got there, but they're leaving on their own. I just wanted to see if I'm understanding correctly that there isn't that same correlation on dismissal of an in -patient to a patient that came for a meeting and how they're returning to their home spot. MR. BURGESS: Right, right. I think I understand the question. I hope I can clarify a little bit. COMMISSIONER SPARRAZZA: Thank you, sir. MR. BURGESS: So we do have a number of people -- I think we have to start with the understanding that we don't know that these are actually David Lawrence Center patients. COMMISSIONER SPARRAZZA: Correct. MR. BURGESS: So we've got a few incidents that we're hearing about now, but we don't have the data, really, to support whether or not that was somebody that's involved with David Lawrence Center or further stratified. If it is somebody involved with David Lawrence Center, if it was somebody from the in -patient part of our treatment programming or the out -patient. Now that -- so I want to just start with that as kind of a given statement. Beyond that, we do have individuals that come for outpatient treatment. Some of them do walk to the clinic. Some of them do walk away from the clinic. The majority of the people are driven to us or drive themselves to us. They're coming in for a counseling appointment. They're coming in for a family session. They're coming in for a group session. They're coming in to see the doctor, and then they're going back to work. So that's the vast majority of the people that come to us. When we have individuals that don't have transportation, we do have some funding through the state and some programs that we're able to give them Uber, we're able to utilize other public transportation. So we do utilize that as well. COMMISSIONER SPARRAZZA: And is that a question that you ask each outpatient as they're exiting the building? Mr. X or Mrs. X, do you have transportation to your next location? MR. BURGESS: We do ask everybody what their plans are beyond leaving and -- COMMISSIONER SPARRAZZA: Leaving the facility? MR. BURGESS: -- all of their basic necessities: Housing, transportation, food, how they're going to get their medicine, all of those types of things. That's why we have a pharmacy right on campus to try to make that easy for folks as well, to be able to get their medicine right there, have a one -stop -shop type of situation where they can get to us and we can make sure that they leave from us going back home, that they've got what they need. Page 42 of 68 Packet Pg. 45 November 17, 2022 5.A.a COMMISSIONER SPARRAZZA: Okay. Thank you. I appreciate your answer. MR. BURGESS: Thank you. CHAIRMAN FRYER: Commissioner Shea, do you have a question for Mr. Burgess before -- COMMISSIONER SHEA: Well, actually, it was the same that Commissioner Sparrazza asked, because it seems everything I've heard is along the same lines, that it's not the people that are being discharged. It's the people that are coming and going, and they're going to continue to be coming and going. And those numbers are much bigger numbers than the discharges. So I had the same general concern that Commissioner Sparrazza had. CHAIRMAN FRYER: I have a question, and I don't -- it doesn't matter to me whether it's answered by Mr. Yovanovich or Mr. Burgess. But my question is this: In the event that these petitions are denied by the Board of County Commissioners, will these additional measures that have been promised, such as enhanced patrolling, community meetings, security staff, walls, bus shelters and the like, will David Lawrence Center put these into effect whether this petition is granted or not ? MR. YOVANOVICH: It would be on property that would be vacant property, so there would be -- CHAIRMAN FRYER: I'm talking about the DLC. MR. YOVANOVICH: At the existing campus? CHAIRMAN FRYER: Yes. MR. YOVANOVICH: We already have fencing at the existing campus. CHAIRMAN FRYER: That's a no? MR. YOVANOVICH: We already have it. COMMISSIONER SHEA: He's talking about the 10 items that were presented by the young lady. Are those still going to be put into effect? MR. YOVANOVICH: Well, the county's not going to come and patrol the David Lawrence Center. I can't speak for the Sheriffs Office. I don't know if they'll continue to, when they drop somebody off on a Baker Act, do additional patrolling of the neighborhood. So we already have the walls. The county security, I can't speak for the county. I'm assuming the county won't patrol on property that they have nothing to do with. The additional patrols are up to, you know, the Sheriff. We already have implemented the further assurances, the doubling down on making sure people have a ride. And the covered bus stop, I think, was a -- was related to the county's property. There's a bus stop there; it's just not covered. CHAIRMAN FRYER: I take that as a no. Commissioner Klucik. COMMISSIONER KLUCIK: Did you mention the meeting, the monthly meeting? MR. BURGESS: Yeah, we will do the monthly meeting. COMMISSIONER KLUCIK: So regardless of the outcome? MR. BURGESS: Yeah. We're happy to continue to meet with the neighbors. COMMISSIONER KLUCIK: I mean, I guess the implied question is, and I'm going to put it crudely, you know, will you still give a damn if you don't get what you want? MR. YOVANOVICH: Of course, of course. Page 43 of 68 Packet Pg. 46 November 17, 2022 5.A.a COMMISSIONER KLUCIK: Because it's important. I mean, you came in and you had a great presentation and you -- we both complimented on how you're taking the concerns of the community seriously, and we would hope that that would be the case regardless of, you know, what happens in the future. MR. YOVANOVICH: And I was -- in my mind, I had what were the cost item ones. Of course we're going to continue to communicate with the neighbors. COMMISSIONER KLUCIK: All right. Great. CHAIRMAN FRYER: Any other questions or comments from the Planning Commission? (No response.) CHAIRMAN FRYER: Do you want to continue with your rebuttal, then? MR. YOVANOVICH: I don't think I even started it. I think it was instant -- it was a question from Mr. Klucik to one of the other lawyers that got into a bunch of questions. I think -- I just want to clarify some of the facts and the record regarding the history of how we got to here and this insidious act that I somehow committed through this entire process and this grand scheme that I had 15 years ago to get us to right where we are. That's not what happened. What really happened was the county's Growth Management Plan has for years, with regard to Golden Gate, allowed for conditional uses in certain areas to occur without having to amend the Growth Management Plan. This piece of property did not qualify under that then existing provision in the Growth Management Plan to allow a conditional use to occur on this five -acre site. So our only option was to go through the Growth Management Plan amendment process, so that's what happened. Back then we did not have Small -Scale Growth Management Plan amendments. So we went through -- the nomenclature now is Large -Scale Growth Management Plan amendments. We had to have a hearing to transmit to the state, and we had to have a hearing to adopt to go to the state. So there was a hearing. There was a neighborhood information meeting where we sent out the letters. It's advertised in the paper. We had a neighborhood information meeting. We went to the Planning Commission. Staff recommended denial. We put on our evidence in our case to the Planning Commission. They recommended approval. Went to the Board of County Commissioners -- by the way, each of those hearings is advertised in the paper, there are letters sent out, and there's a big -- I won't call it a billboard, but there's a big plywood -sized sign on the property that I'm sure people drove by on a fairly regular basis to know that there was a public hearing occurring on this piece of property. So there was public notice for a Planning Commission meeting, and the -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Just, if you know -- and I'm sure somebody knows, and you can get the answer for me right away, was the sign facing the main road? MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: Okay. So it would have been -- the four -lane road, okay, the divided highway, whatever would -- MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: Everyone would have seen it? Page 44 of 68 Packet Pg. 47 November 17, 2022 5.A.a MR. YOVANOVICH: You would see it. It doesn't face in. It faces out. COMMISSIONER SCHMITT: Just for clarity, there's a very detailed criteria for placing of the signs. It's not just one sign. It's in the LDC. Mike or Ray. It's very clear they have to come in to present that. And, again, I'm not defending, but I'm just making sure you understand that that policy's been in effect probably since 2005, I believe, when we really started. But we always had signs, but the clarity of the signs and then the clarity of the advertisements in the local newspaper. COMMISSIONER KLUCIK: Yeah. And my question and my assumption when I asked the question was that, in fact, I agree with you that it seems as though anyone who was paying attention would have seen your big sign. MR. YOVANOVICH: Right. COMMISSIONER KLUCIK: Because I see them out in Ave Maria, they go up, because they keep, you know, adding stuff. MR. YOVANOVICH: Same size. COMMISSIONER KLUCIK: Yeah, exactly, and they're hard to miss. MR. YOVANOVICH: Yeah. So we went through that public -hearing process twice. Actually, we had four public hearings: One before the Planning Commission for transmittal where they recommended approval, a second one before the Board of County Commissioners where they recommended approval and transmitted it to the state -- COMMISSIONER KLUCIK: And this was to get this special zone? MR. YOVANOVICH: To get this zone we're here to talk about today. Now, the state weighs in on every Growth Management Plan amendment. So when the statement is made we broke our commitment to the state, that is not true. The state reviewed it, because the state knows that Growth Management Plans are a living document. The state did not comment at the transmittal. We came back and had another round of hearings with all the same required notices. Planning Commission, Board of County Commissioners. It goes back to the state. If they somehow missed something the first time, they could issue an ORC report. They did not issue an ORC report. So the state had two bites at the apple to see if what we were proposing to change in the Growth Management Plan was out of character with what the needs of Collier County were and are. So we went through a very public -hearing process. And to imply that they didn't let people know what was going on is not factually correct. Many of the people who were speaking here today didn't own their property in 2007. I get that. Some of the people that spoke today did. There was a sign on the property. I don't know how you miss it. But there was a sign on the property letting you know what we were proposing to do. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: So the point you're making is is they could have objected to the -- this re -categorization, but they didn't, if they were the owner at the time. But, again, the fact that they didn't object meant that they don't have an animus against mental health facilities in general. MR. YOVANOVICH: And they didn't have an animus to one being located on Page 45 of 68 Packet Pg. 48 November 17, 2022 5.A.a that piece of property specifically, because that piece of property that we're talking about today was included in the subdistrict. COMMISSIONER KLUCIK: No, right. So they saw that David Lawrence Center was already there at the time, and they weren't generally opposed to the David Lawrence Center being there, and they maybe didn't really pay particular attention to what the implications -- I mean, I understand what you're saying is nobody objected at the time, and there was a public hearing. And no one's doubt -- well, I say somebody is insinuating that there was an attempt to not inform people. And I don't think that -- I don't think that's a very strong point that anyone can make, and I would agree with you. But I would also say that, generally, you know, here we are how many years later. Generally people aren't looking to oppose things just to oppose them, and they don't go very deeply into it, so they probably had no idea what was the implications of what was being proposed. And so in fairness -- in fairness, the fact that there was no opposition meant, you're right, your point -- I agree with your point that I don't think you were hiding it from anybody, but the fact that nobody opposed it probably was like a lot of things, people are just ignorant and don't realize what's at stake. MR. YOVANOVICH: Or not. Maybe they did know. I don't know what people were thinking back then. But what was important to me was to point out that we -- and me specifically. That's the -- that's probably the first public speaker who's mentioned my name that many times and implied that I did something wrong in getting this thing approved, and if it were a drinking game every time my name was mentioned, some of us might have been tipsy by the end of all of that. So I want the record to be clear, we didn't hide anything. We went through, and we had a very public -hearing process. And you heard at the last hearing comments from the commissioners at that time that said this was a natural location for these services to continue to be provided. So I don't -- so we're here, and we've put the evidence into the record about safety, and we made -- the last thing I wrote down about that -- from the speaker who spoke and did her clips and picked what she wanted to show you -- I'd love to see the entirety of all the documents, because I didn't see the letter. I could tell you we spoke to one of the owners of Kiddie Korral, and I'll have Scott come up and tell you what that owner -- one of the owners said to us about Kiddie Korral under oath, and you'll see that maybe there's a little disagreement even amongst the people who run the Kiddie Korral. But I'll have him come up when I'm done. But what was telling to me was, this wasn't an issue about, really, the Baker Acting of people. This is an issue about the people who are coming there for their daily/weekly services, because she even said that. She said in her comments under oath that it's really not the issue. The issue is the daily and weekly that they're concerned about. So with that, I think that's important. The statistics. And there's -- I can't -- I can't promise perfection. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: If someone wanders onto your property and they're an in -patient or an outpatient, does it make much difference? MR. YOVANOVICH: We take it all seriously. We take it very seriously. COMMISSIONER KLUCIK: No, no, no, no, no, no, no, no. Just -- if someone Page 46 of 68 Packet Pg. 49 November 17, 2022 5.A.a wanders onto your property and they were just at the David Lawrence Center, is there a difference between someone who was just there and discharged as an in -patient or if they were just there and they left as an outpatient? MR. YOVANOVICH: I think there is a difference, and let me tell you why. Can I? We have a totally different facility now that's going to be designed and operated for those who are going through the Baker Act process and the medical evaluation and everything that's related to that. I think you have to look at that and make sure what we're adding -- because that's what we're here to talk about. What are we adding? And if what we're adding, is it safe, and are we properly operating it, and are we taking into consideration the community around us? I think that's a different issue. They're both important issues. Are there operational things that maybe we can do on the -- you know, those other issues? We'll look at that, and we'll do it seriously. We showed you we're serious today when we came back. COMMISSIONER KLUCIK: Right. And my -- the reason I asked the question is because you're indicating that somehow the fact that people might be in -patient, that -- I mean, I don't think that undercuts the fact that the David Lawrence Center's operations have a negative impact on the neighbors. MR. YOVANOVICH: And we understand that, and we're -- we've committed to meeting with the neighbors, and we will look at how -- COMMISSIONER KLUCIK: What is -- so what is your point in somehow undercutting the speaker for -- you said, under oath, she said it was the outpatient. MR. YOVANOVICH: Because we're here to talk to you about an in -patient facility. That's what we're here to talk to you about putting on the property. And her own testimony was that's not the problem. COMMISSIONER KLUCIK: Okay. And I've heard over and over again that the reason this is so ideal and that -- is the seamlessness of the operations of the existing center and the new center, that they're going to be tied together, and they're going to have a lot of flow back and forth. So, again, I don't think you get very far with that. MR. YOVANOVICH: Let me tell you what that -- COMMISSIONER KLUCIK: So, again, I'm interrupting you and undercutting your point because I don't think it's a very good point. MR. YOVANOVICH: And I appreciate your advocacy. It's almost like we're at, you know, an appellate argument. What we're talking about is counselors going -- COMMISSIONER KLUCIK: You're asserting -- you're asserting an argument, and I'm trying to discern the weight of it, and I'm commenting on it in realtime. MR. YOVANOVICH: I know. COMMISSIONER KLUCIK: And that is, in fact, one of the responsibilities that we have. MR. YOVANOVICH: And it's hard when we're both lawyers. COMMISSIONER KLUCIK: And I'm not an advocate. As a matter of fact, I remember one of the first things I did, and they probably all thought I was against them, is I railed against the one lady who bought the property after all this current zoning was in effect. So I kind of am -- I'm a fair player. MR. YOVANOVICH: I apologize. COMMISSIONER KLUCIK: I'm not an advocate for anybody, and I get it, I've Page 47 of 68 Packet Pg. 50 November 17, 2022 5.A.a kind of -- I can give and take, and I get it. But that's -- neither of us should be doing that, and if I'm doing it, I apologize. And, certainly, what you just did was inappropriate. MR. YOVANOVICH: And I apologize for using the word "advocate." COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Commissioner Shea. MR. YOVANOVICH: I wasn't done with my answer. That's okay. COMMISSIONER SHEA: Go ahead. No, no. Go ahead. MR. YOVANOVICH: Just go ahead. I don't -- COMMISSIONER SHEA: I give you permission to go ahead. COMMISSIONER KLUCIK: My point was that you were trying to make a point about how the one neighbor witness admitted under oath that she was talking about, you know, some of the concerns that they have. Some of the concerns -- she didn't say under oath that the only concern they have is outpatient. So what was your actual point? How does that bolster what you're doing? Because I didn't understand your point. MR. YOVANOVICH: My point is is what we're here to talk about today is an in -patient facility and how have we taken into consideration the surrounding neighborhood. And you've had testimony about what we want to put on this site, and I'm trying to respond to that by saying, the design of the building with the sally port adds to security. The walls that are going to be around the building -- either around the entire subdistrict or specifically around the five -acre site adds to the security concerns that were raised. We've gone so far as to take windows off of the east and north side of the building, because there was a concern that somebody was going to peer over. We've taken their -- their security and their privacy very seriously for the use that's going to happen on that site. Now, the back -and -forth that's going to occur, it's going to be the ability to bring medicines from the pharmacy over to the intake facility. Counselors that are there can walk over to the intake facilities. So those -- that's the interaction that we're referring to; economies of scales, if you will. That's very important to making sure this is -- that's one of the benefits of this location. We have taken -- taken seriously the intake, and we will take seriously -- I'm sorry -- the in -patient versus the outpatient. We will take the outpatient seriously, too. And we'll have a monthly meeting to where we can all check in and say, hey, have you had any problems? Tell us what they are. They can call us sooner. We'll take all that seriously. So what I'm trying to get is the focus on the use that we're asking for on this specific piece of property. We have to focus on what that use is and how we are making sure it's secure and private. CHAIRMAN FRYER: Commissioner Shea. MR. YOVANOVICH: That was my point. COMMISSIONER SHEA: Rich, so on the numbers things, will the new center being there increase the number of, let's say, outpatient -- it would seem like it would drastically increase the number of outpatients as well. MR. BURGESS: Well, we believe that it will increase the numbers, but, you know, we have different modalities of treatment. So one of the things that we did very successfully in addressing the pandemic was Page 48 of 68 Packet Pg. 51 November 17, 2022 5.A.a we launched a lot of telehealth services. What we're trying to do is break down every artificial and real barrier to treatment for everybody who needs it in this county. So a number of these individuals that are discharged might end up doing teleservices, and they'll never step foot on our campus again because they could receive their counseling and they could receive their doctors' follow-up through telemedicine. So we also provide a lot of services right in the community. Folks live in the community. We go there. We have counselors that go there, case managers. We visit them. We're bringing our services to them in the community. So those are a couple aspects. COMMISSIONER SHEA: My only point is -- and I love what you do, so don't -- is that, you know, you have a control by beds on the patients, but you have no control on the outpatients other than staff and access to the facilities. So that's my point. MR. BURGESS: Yep. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Thank you, Mr. Chairman. So I guess I would like you to address and maybe staff to address as well. So we had -- and I would like to also get clarification. So we had a ranking of sites. And it was the -- this area here by the -- you know, in this -- by the county center here was No. 1 and 2; is that correct? Mike? MR. BOSI: Mike Bosi, Zoning director. I was not involved at all. That's not a Zoning issue. COMMISSIONER KLUCIK: Is there anyone on staff that knows that can speak to that? MR. AL-BAHOU: Ayoub Al-Bahou, principal project manager with Facilities. That's correct. There were five sites, three sites on campus here and two sites over at Golden Gate. Site No. 1 was the -- actually, facilities management building, Building W. The reason that being No. 1 is because our division was to be relocated over the government operation business park site. So that building was going to be -- COMMISSIONER KLUCIK: No, no, no. So my specific question, if I may -- my specific question is just like -- and when was that ranking and who actually gave that ranking? CHAIRMAN FRYER: It was Jacobs. MR. AL-BAHOU: Yeah, through Jacobs -- COMMISSIONER KLUCIK: So this was a consultant? MR. AL-BAHOU: Correct. COMMISSIONER KLUCIK: Okay. And, roughly, what time frame was that? MR. AL-BAHOU: 2019. COMMISSIONER KLUCIK: Okay. MR. AL-BAHOU: It started 2019, and report was presented, I think, '2 1. COMMISSIONER KLUCIK: So it would seem like an uphill climb to have the fourth -selected site end up being, you know, the site that -- you know, the fourth -ranked site would end up being the site that gets picked. So my question is, what were the arguments that were asserted or the rationale that was asserted to sort of -- and, you know, they're consultants. So, you know, to some extent, whatever. It's a consultant. But the consultant's 1, 2, and 3 recommendations were sort of, you know, discarded, cast away, and they went with No. 4. What was the argument that was put forward? And was the Page 49 of 68 Packet Pg. 52 November 17, 2022 5.A.a county making that argument, or was David Lawrence Center making the argument, or who was making that argument? MR. AL-BAHOU: During the Board meeting, Sean Callahan presented the reports to the Board of County Commissioners. COMMISSIONER KLUCIK: And Sean Callahan is? MR. AL-BAHOU: Was the Deputy County Manager then. COMMISSIONER KLUCIK: Okay. MR. AL-BAHOU: And the reason the David Lawrence Center received No. 4 is because of -- the lawsuit was against them. And that's why that's -- COMMISSIONER KLUCIK: And this was on the control of the land -- MR. AL-BAHOU: Correct. COMMISSIONER KLUCIK: -- in question where the facility was going to be built? MR. AL-BAHOU: Correct. That's why they received the low scoring. And during that presentation, Sean Callahan has presented his case. Scott Burgess came in and presented his case as well discussing what's -- discussing their site. One is the lawsuit has been eliminated, has been resolved; No. 2 is to reduce the cost of the building. David Lawrence Center agreed to keep the children crisis unit on campus on the existing center. So that brought the cost and also the square footage of the building down. And that would help -- that's what helped the -- I believe the Commissioners then they decided, okay, we're going to follow the argument that David Lawrence site is the best for these facilities, and they recommended to move forward with it. Ultimately, yeah, I mean, it was a 5-0 vote to choose this site. COMMISSIONER KLUCIK: Okay. Thank you very much. That was very helpful information. MR. AL-BAHOU: Thank you. CHAIRMAN FRYER: Mr. Yovanovich? Oh, Vice Chair, sorry. COMMISSIONER SCHMITT: Yeah, I would -- we really need to bring this meeting back to focus. We're talking about things that, though are very interesting and certainly I appreciate you want the background and knowledge of it, but we're here to discuss the existing petition. We have spent an enormous amount of time discussing the existing facility. And I know you can extrapolate, but I'm trying to bring this back into focus. We're here to talk about a Growth Management Plan and a PUD amendment. And we have spent -- frankly, I've said very little, because it's frustrating. We have spent over three hours talking about the existing facility, and we are not the Board of County Commissioners. We recommend to the Board, and -- on these two petitions. We can't do anything about the existing facility. I don't know why we're spending so much time talking about the existing facility other than to gain an understanding of the impacts. But I would ask -- I would beg for the Chair that we get back on focus and focus on the petitions. CHAIRMAN FRYER: Mr. Yovanovich. MR. YOVANOVICH: You know what? I do. I want -- I'm sorry. Mr. Shea, were you about to ask a question? COMMISSIONER SHEA: I'm done. MR. YOVANOVICH: I do -- I do want Mr. Burgess to talk about his conversations with one of the owners of Kiddie Korral just so we could put in context what Page 50 of 68 Packet Pg. 53 November 17, 2022 5.A.a we understood. Now, obviously, you're going to find out, we need to get two people in the room and talk amongst themselves. But, Mr. Burgess. MR. BURGESS: I'll be very brief. And I appreciate, again, collecting a lot of information. I want to put as much in context as possible. I spoke with the husband, Steve Wallace, of the Kiddie Korral after the last meeting. I didn't know the Wallaces. I didn't really know the folks over at Kiddie Korral. I've been at David Lawrence Center nine years. I've not had one call from them with any problems the whole nine years that I've been there. Beth Hatch, who's here from NAMI, she happens to know the Wallaces, and she was able to put me in contact with them because of my concern wanting to know. I was very shocked and surprised at the last meeting that they had -- they presented anything. It wasn't them personally, but it was through somebody from the neighborhood. So I reached out to him. And I said, can you tell me what's the circumstance? I was really shocked, and I was really surprised, because I've never gotten a call. He said -- and the excerpt that you heard, I'd like really like to see the whole letter, because I've not seen it, but the excerpt talked about how we've been neighbors for many, many years. And he talked about how for all of those years, many of those years there were no issues whatsoever. And he said in the last five or six months he's noticed that there's been some increased activity over by his Kiddie Korral. I asked him if he thought that they were anybody associated with David Lawrence Center. He emphatically said he did not know. He said, I have no evidence. I'm not saying emphatically one way or the other. I don't know. Now, he said, maybe it's related to a home. We do have a recovery home all the way at the end of the block, which we've had for two -and -a -half years. So we've been there for two -and -a -half years. He can't say emphatically that there's any association with David Lawrence Center residents down there or anybody else in the community. And I said, so what were the incidents? And he said there's three or four incidents, and he said two of them was somebody asking for water, and one of them was somebody that did ask a parent for a ride, and there was a medical emergency that they had to call the paramedics out for somebody that had a cardiac issue. So that's what he told me on the phone. I'm absolutely shocked to hear that there was an excerpt that got read. But between the co -owners of that organization, I find it curious that I got a very different message. Thank you. CHAIRMAN FRYER: Mr. Yovanovich? MR. YOVANOVICH: And I just wanted -- I got confirmation from the Sheriff s Office that, yes, of course they'll do the additional patrols whether or not this facility gets built or not. So I just wanted to add that to the record, because the Chairman had asked about that commitment. CHAIRMAN FRYER: Thank you. MR. YOVANOVICH: And with that -- you know, I can't speak for the county. I can only speak for the David Lawrence Center. The David Lawrence Center is a willing partner in addressing and hopefully solve a portion of the mental health problems for people in Collier County. It's been a successful partnership for many, many years. It will continue to be a successful partnership for many, many more years. The changes that staff has agreed to in the application and the changes or -- and Page 51 of 68 Packet Pg. 54 November 17, 2022 5.A.a comments that have been made have been taken seriously by the David Lawrence Center, and we are requesting that you recommend to the Board of County Commissioners approval of both the Growth Management Plan amendment and the proposed PUD, because, in fact, both of those petitions give the neighborhood better assurance than if we had just done a conditional use, which they could have done under the existing Growth Management Plan without amending the Growth Management Plan. So the intent was to have the flexibility to do more to work with the neighborhood. And I think that we've shown that we are committed to the neighborhood that we've been in for 47 years. And with that, that's David Lawrence's last words. I don't know if the county has any additional last words. No? I guess not. CHAIRMAN FRYER: Thank you. MR. YOVANOVICH: Thank you. CHAIRMAN FRYER: So now it's our turn to deliberate and, at the appropriate time, make a motion. Commissioner Vice Chair Schmitt. COMMISSIONER SCHMITT: Yes. Could I ask Jessica or Rich, could you put up the slide that Jessica -- I believe it was the -- maybe the third slide that gave the history. MR. YOVANOVICH: Probably the last slide. COMMISSIONER SCHMITT: That showed the history of the Board of County Commissioners, because that's -- it's kind of what my point here is -- I want to make. MR. YOVANOVICH: That may have been in the first presentation. COMMISSIONER SCHMITT: Yeah, the first presentation. MR. YOVANOVICH: Not today's presentation. COMMISSIONER SCHMITT: No, today's presentation. Jessica, you had a -- Slide 2 or 3 that -- MR. YOVANOVICH: I think this is it, Commissioner. COMMISSIONER SCHMITT: I don't see it on my screen. So Troy hasn't bumped it over. That's it. Okay. MR. YOVANOVICH: Did we get it right? COMMISSIONER SCHMITT: That's the one I'm looking for. MR. YOVANOVICH: Okay. COMMISSIONER SCHMITT: As I stated, we're here today because the Board, frankly, put us in this position. I don't know any other way to say it. They selected the site. They directed staff to proceed. There were public hearings. There were public notices. I'm not going to debate the notices. But the fact is, they went through a decision process, whether -- whatever rating or ranking they did, it was the Board of County Commissioners that directed staff to prepare this -- in coordination with the David Lawrence Center to prepare this petition to bring it before us to review. I'm just going to state, you know, most of what we heard today from the residents really directly impact the existing facility. I clearly understand that. I can't do anything about the existing facility. I'm delighted to hear consent. I think it was a healthy debate. And I'm delighted, again, that regardless of the outcome of this, that David Lawrence Center will improve its relationship with the community and maybe implement measures to prevent future acts. But we're here today to vote on the expansion or the -- of the existing facility. I clearly understand the need for the David Lawrence Center and the services they provide to the community. Page 52 of 68 Packet Pg. 55 November 17, 2022 5.A.a In this case, I am going to support both the GMP and PUD, and I'm doing that because I am -- clearly, the years I've been sitting here, the years on staff, I'm deflecting this to the Board of County Commissioners, because that's where this decision belongs. It belongs to the Board. They directed staff to bring it here. We're faced with the decision, and it's up to you -all to convince our elected officials. None of us are paid up here. We're appointed officials by the Board of County Commissioners to vet and help them make decisions. But in this case, I am punting. I am giving it to the Board of County Commissioners. Let them make the choice. But I would support any recommendation of approval only from the fact that I want it to go to the Board. Let the Board hear from the people what you are dealing with, because they're going to decide. And, in fact, by the time this gets to the Board, I think there will be two new commissioners, maybe three. CHAIRMAN FRYER: Two. COMMISSIONER SCHMITT: Two by that time. But the site was approved by the Board, and the funding was voted by the residents of Collier County. The facility is needed, and I'm throwing it to the Board to decide if it's going to go here or somewhere else. So with that, I would recommend approval only from the standpoint of moving this forward to the Board of County Commissioners. With that, I yield. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I've never been a very good punter, so I'm not going to punt. I think the David Lawrence -- I mean, there's nobody here that can disagree how valuable it is to the community. Based -- and I could go through item by item, point by point. I think it's not compatible with the neighborhood, and I think there's enough issues -- I mean, until -- you've been there for years, and these situations have been going on, and until we -- and maybe you didn't know about it. And I fully appreciate what you've done since the last meeting. But at this point I'm going to vote against it just to keep this thing -- keep the citizens having an avenue to make their case in front of the Board of Commissioners, which, I agree, we're in a tough situation. We might not have made the recommendation for that particular site, but I don't think passing it on is fair either. I don't -- I wouldn't pass it on, so I would vote against it and recommend we vote against it. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. And, Mr. Chairman, whether it's you or our counsel, just a procedural matter. Is the --is 9A2 dependent upon 9A1? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: We can vote on them separately. COMMISSIONER KLUCIK: No, but my specific question is, is 9A2 moot if 9A1 doesn't get -- COMMISSIONER SCHMITT: The GMP has to be approved before the PUD can be approved. CHAIRMAN FRYER: Yes, this is -- Page 53 of 68 Packet Pg. 56 November 17, 2022 5.A.a COMMISSIONER SHEA: Yes. CHAIRMAN FRYER: -- clearly not compatible with our GMP. COMMISSIONER KLUCIK: And so for my part -- it probably isn't a surprise at this point. I was actually on my way in at the last meeting. A friend and neighbor who -- Nancy Dauphinais, I saw her as I walked in, and she's -- she was, you know, a provider, and now I think she's an executive, is that correct, Nancy Dauphinais? MR. BURGESS: Chief operating officer. COMMISSIONER KLUCIK: Right. And she -- she's always been an advocate in, like, social media and talking about the David Lawrence Center, and I always appreciated that. And as I walked in, I just said to her, I said, well, if everything goes well, I'm looking forward to voting to approve this. That was what I said to her on the way in at the beginning of the last meeting. I have changed my mind, and I -- because this is legislative, I am voting, you know, what I think is in the best interest of the community, or certainly it's not in the best interest of the community in my mind to expand the facility and subject the neighbors to the conditions that we know, you know, are part of having a facility like this. I think it's commendable, and I think, again, it actually runs against the arguments that -- maybe not today, but certainly at the last meeting, there was this smearing that I mentioned or attempt to smear any opponents as if they were opponents of the mentally ill or those who need mental health care and, clearly, that doesn't make any sense, and that's not a valid point. And I think the fact that the David Lawrence Center hasn't heard a lot of complaints and there aren't a lot of calling the police kind of tells you that they leave you alone. They put up with some things, and they don't -- they don't hold it against you, and they don't try to make life tough for the David Lawrence Center. That means they're good neighbors. And the fact that you even insinuated that they don't like what you do and they don't like your patients and they're against -- you know, they have some animus against people that seek mental health services, I think that was a terrible thing that you did, and it actually besmirched the name of the David Lawrence Center, and I think you owe them a written public apology somewhere, because I think that that was terrible that you did that. The point that I would make is that there are other locations that I think are more acceptable. There are new commissioners. I agree with the Vice Chairman and Mr. Shea that we're in a terrible position because we're just kind of told, well, this is what we decided to do; you get to vote on it now. And seemingly, we could just say, well, there's nothing I can do about it, and I am not going to do that. I am going to be voting against it. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza, did you want to have a say? COMMISSIONER SPARRAZZA: Sure. My fourth meeting, third meeting? I'm not sure. Thank you, gentlemen. COMMISSIONER SHEA: Second. COMMISSIONER SPARRAZZA: Whatever. I have taken a lot of time to read the documentation that the staff has given. I learned a lot more today as far as what transpired in 2007, I believe, is what took place before any of us -- any of us were around, and what was presented to us, in my mind, was "here's what's been done. It's being pushed through." And if I can just say this in a simple way with absolutely no disregard to the David Page 54 of 68 Packet Pg. 57 November 17, 2022 5.A.a Lawrence Center. I have friends that have needed help like that, not here in Naples, Florida, but north, and God bless the world that there are places like that. My personal observation is I'm cautious if there needs to be 10-foot wall around a building to separate what takes place in that building, whether it be commercial, special use, whatever the classification is, separate what takes place in that building with neighbors. We may be conflicting and intermingling what is currently taking place at the facility. And I do applaud Mr. Yovanovich and Mr. Burgess for having meetings and communicating with the neighbors and, as I believe we've all said, we're extremely hopeful that that will take place no matter what we decide or possibly no matter whatever the Board of County Commissioners decide, just to continue down the path of being a good neighbor. But my simple mind says, I don't feel comfortable saying yes to a project where there has to be a 10-foot wall between the project and neighbors. And I'll leave it at that. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: And just in reply, I would just say that the simple mind is often, you know, what's missing in these discussions. And I think breaking it down to something that simple is a -- very helpful, and I'm glad, you know, that you stated it that way. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN FRYER: Thank you. Well, it's my turn, and I'm in the process of losing my voice, so I'll just apologize in advance. I'll try to do the best I can. I think the essence of this case is compatibility or lack thereof. And I believe the neighbors did, really, a spectacular job of presenting their case. They were impassioned. They were clear, cogent. Their testimony was hardly anecdotal. It was of specific occurrences. And I became quite educated to the situation that obtains in that area. And so thank you, residents, for taking time out of your busy schedules. I mean, I know you've got a dog in this fight, but it also helps us to hear from people who are really living through this, and I completely appreciate having my eyes opened to the situation. And I am not at all averse in any respect to the great work that David Lawrence Center does and that the county's attempting to do. I don't think anyone disagrees with that. We all applaud that good work, but my concern is where this is proposed to be happening. Now, we had the advantage this time of having the full transcript of our October 20 meeting in front of us in our -- in our agenda packet for today. So I took the liberty of reading carefully through it so that I could be reminded of exactly what testimony we received from all sides. And I found sworn testimony of trespassing, menacing stares, dirty hypodermic needles, other drug paraphernalia, incidents of Sheriffs helicopters overhead with searching floodlights landing near by, law enforcement entering their property, screaming patients in their backyard sometimes for a half an hour, security issues, elopements, and getting recorded messages on their home phone to stay inside and keep their pets inside until the suspect was located, and all of this can be found in that transcript. Page 55 of 68 Packet Pg. 58 November 17, 2022 5.A.a The -- I understand that this is to be an in -patient center, and the current center is a hybrid in- and outpatient. But I -- to me, common sense says that this project would undoubtedly have the effect of increasing the frequency and intensity of these undesirable behaviors. I think that's common sense. And so, for those reasons, I also will be voting against it. Anybody else wish to be heard? Commissioner Klucik. COMMISSIONER KLUCIK: I'd make a motion that we make a recommendation of disapproval of both 9A1 and 9A2. CHAIRMAN FRYER: Thank you. And also we need to act as an EAC. So would you include that? COMMISSIONER KLUCIK: Yes, and including the EAC recommendation. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion from the Planning Commission? (No response.) CHAIRMAN FRYER: If not, all those in favor of the motion which was to reject all three petitions, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? COMMISSIONER SCHMITT: I'm going to vote against it. CHAIRMAN FRYER: It passes by a vote of 4-1. Thank you, Planning Commission. Thank you, Applicant. Thank you, members of the public and staff. COMMISSIONER SCHMITT: Can I make a correction? Because I voted aye. Hearing your positions, I changed my mind. I voted against it, so... COMMISSIONER KLUCIK: So it's unanimous. COMMISSIONER SCHMITT: It's unanimous. CHAIRMAN FRYER: Okay, thank you. 5-0. Thank you, Commissioner, Vice Chair. All right. It's 11:57. We've got two more companions coming up. This would ordinarily be a good time for lunch. What does the Planning Commission want to do? COMMISSIONER SHEA: It's a good time for lunch. We're not going to get through the others that quick. CHAIRMAN FRYER: Okay. So then -- let's see. It's 11:58. Let's stand in recess until 1:00 p.m., and we'll see you back at 1:00 p.m. Thank you. (A luncheon recess was had from 11:58 a.m. to 1:00 p.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. The Vice Chairman will be with us shortly. He had a telephone commitment. So we have a quorum, and we will go back in session. ***And the next and final matters to come before us for hearing today are also companions but of a slightly different sort than we're accustomed to. The first is Page 56 of 68 Packet Pg. 59 November 17, 2022 5.A.a PL20210001253, the ShadowWood RPUDA [sic], and the second is PL20200001208, the Sandy Lane RPUDZ. They're adjacent properties under single ownership and, in a nutshell, I'll just say this -- there's a reason why I'm saying this. In a nutshell, ShadowWood seeks approval of a roadway interconnection from its Tract E to Sandy Lane plus deviations and developer commitment revisions. Sandy Lane also seeks the same interconnection as well as a full rezone to a PUD, so they're sort of companions but slightly different. And, without objection, we will hear them together but reserve the right to vote on them separately. And having said that, all those wishing to testify in this matter -- in these matters, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures beginning with the Secretary. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Staff materials and meeting with staff. COMMISSIONER KLUCIK: Staff materials and meeting with staff. COMMISSIONER SPARRAZZA: I had a conversation with Mr. Richard Yovanovich. CHAIRMAN FRYER: Thank you. All right. Mr. Yovanovich, you're recognized, sir. MR. YOVANOVICH: Thank you. Mr. Chairman, you might want to say that you and I also had a brief conversation on this. CHAIRMAN FRYER: Oh, yes, we did. MR. YOVANOVICH: Yes. CHAIRMAN FRYER: Thank you for reminding me. I appreciate that. MR. YOVANOVICH: No worries. Good afternoon. Rich Yovanovich, for the record. I'll introduce the team, not all of which will speak unless you have questions for them. But Richard Arkin, John Asher, and Kevin Ratterree are all with GL Homes. Myself, Mr. Mulhere will present to you. Shane Johnson is here if you have any environmental questions, and Mr. Trebilcock is here to answer any questions you may have regarding transportation impacts. As the Chairman pointed out -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: If I might, just -- so Naples Associates, the LLLP, is GL Homes or is or -- you know, whatever, is allied? MR. YOVANOVICH: Yes, it's an entity formed -- COMMISSIONER KLUCIK: Thank you. MR. YOVANOVICH: -- for this project. CHAIRMAN FRYER: GL's the parent? MR. YOVANOVICH: Yes. CHAIRMAN FRYER: Okay. MR. YOVANOVICH: Now you can see where I was -- my presentation. As the Chairman pointed out, you have two petitions before you, a brand-new Page 57 of 68 Packet Pg. 60 November 17, 2022 5.A.a rezone called the Sandy Lane RPUD and an amendment to the ShadowWood PUD, both of which are on your screens. Mr. Mulhere will take you through the details of the PUD for both of these. Essentially, what we're requesting is to have 100 -- I'm sorry -- 640 residential units on the Sandy Lane portion of the project, which is roughly 5.59 dwelling units per acre, and we're seeking to amend the ShadowWood PUD to allow for an interconnection. By way of just brief history, when we amended the ShadowWood PUD, specifically with regard to Tract E to allow for the residential development that's planned to go there, the residents within this area, specifically this area right in here, had concerns about where the traffic was going from Tract E through their neighborhood and ultimately out to Santa Barbara. What this project does -- and we'll show you on the master plan for the joint project -- is allows for an interconnection in this area right here, which will take some of the traffic off -- out of the neighborhood and into -- through our project ultimately to Santa Barbara, and Bob will show you that in greater detail. The last thing I'm going to address is consistency with the Growth Management Plan. Our property is located within the residential density band that is around the activity centers, and due to that location, the base density is four units per acre, and because we're within the residential density band, we can ask for up to another three units per acre, which would be for a total of seven units per acre. Our request is for 5.59 dwelling units per acre, which is consistent with the Growth Management Plan. We are -- although these are companion, they're not the typical companion items like you heard earlier today where there's a Growth Management Plan amendment and a rezone petition. With that, I'll turn it over to Mr. Mulhere to take you through a little bit in details. And just so you know, there were a couple of comments from staff. We've reached agreement on those, and Mr. Mulhere will take you through those. So I think we've resolved any staff concerns and neighborhood concerns that Mr. Mulhere will take you through. CHAIRMAN FRYER: Thank you, Mr. Mulhere. MR. MULHERE: Thank you. For the record, Bob Mulhere here on behalf of the applicant. Rich went over the Comp Plan consistency. I'll just talk briefly about the zoning. The underlying zoning presently is ag on these parcels and, obviously, we're proposing to rezone it to an RPUD. CHAIRMAN FRYER: One is already a PUD, and the other's ag? MR. MULHERE: A portion of it, yeah. Well, I was getting to that one. This is -- yeah, for Sandy Lane. CHAIRMAN FRYER: Yeah. MR. MULHERE: And then Tract E, which is the portion that my client will develop, is within the ShadowWood PUD. And some people refer to this as Wing South Airpark because there is a private airstrip there, so... COMMISSIONER KLUCIK: Is that the part that's in the south of that graphic? MR. MULHERE: It is right along here. I've got a better picture I'll show you. Rich went over this. This just shows you the Sandy Lane property and the density Page 58 of 68 Packet Pg. 61 November 17, 2022 5.A.a band location, but Rich already went over that, so I'll be quick. This is a site plan that shows both parcels. This would be the interconnection right here between Tract E of ShadowWood and the Sandy Lane PUD. So folks here will, you know, come through the project. They have a couple of choices, but they will -- that will reduce the traffic impacts in this neighborhood significantly. And this is the north half of the PUD master plan. And you can see the -- for Sandy Lane. Sorry. Thank you. And this is the south half. Again, that's that interconnection right there shown in a little closer detail on the master plan between ShadowWood Tract E and Sandy Lane. One of the staff -- or a set of staff comments that we received over the last couple days dealt with this southern portion of the Sandy Lane master plan and the labeling and whether or not a portion of the Polly Avenue that we showed -- Polly Avenue's right here, and then head south -- that we showed on the master plan needed to be showed, and so we got some direction from staff and from the County Attorney's Office. I'm going to go over those changes in detail in just a minute, but I missed a couple of them. I'll add those to the record, too. Heidi and staff let me know that I did miss a couple of them. This is an aerial of the subject property for Sandy Lane. So with respect to this interconnection between Tract E and Sandy Lane, you can see that right here. And we are committed through developer agreement or condition/commitment to eliminate this connection that exists today through this neighborhood out to Santa Barbara. So that's why it is better and will reduce traffic through that neighborhood. We've made some -- we had our NIM on April 20th, 2022, but my clients have continued to meet with neighbors both within ShadowWood and also adjacent or near by to Sandy Lane, and through that, we worked through a number of commitments that are contained in both of those PUDs. For example, the residential tract in the northeastern portion of the project which is adjacent to a preserve within Naples Heritage is going to be limited to single-family detached only, and that commitment is located on the master plan in the notes section. We've added some additional language and some new developer commitments. The one I just mentioned is the interconnection between Sandy and Shadow -- Sandy Lane PUD and ShadowWood PUD, which says if -- the connection at Polly Avenue will not be constructed or will be removed and terminated should the interconnection that I just discussed be approved. We're obligated to do some fair -share improvements along Santa Barbara if certain improvements are required. I have one slight correction I want to put on the record for this commitment. The actual language, which starts out in the capitalized Wing South Airpark, period, some folks have -- within -- who operate and use Wing South Airpark have asked us to be explicit -- explicit in adding Wing South Airpark again on the second line. So it would read, it is disclosed to each owner of a lot in the community that the community is adjacent to Wing Park -- Wing South Airpark, comma, an existing airpark with operations near by. So just being specific that that's what we're talking about, and we've no problem doing that. We've also agreed to install a 6-foot-high wall on a 4-foot-high berm within the landscape buffer along the eastern and southern boundaries of Tract E adjacent to the Wing South Airpark to buffer the homes in Tract E from noise, odors, dust, and other Page 59 of 68 Packet Pg. 62 November 17, 2022 5.A.a airport -related conditions. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: But, essentially, what you're saying is everyone who ends up -- every homeowner ends up coming to the nuisance if it is a nuisance? MR. MULHERE: Yes, exactly. COMMISSIONER KLUCIK: But you are putting in a buffer -- MR. MULHERE: Yes. COMMISSIONER KLUCIK: -- just because you feel like that's in your best interest as the marketing -- the one marketing the homes? MR. MULHERE: Yes, sir. COMMISSIONER KLUCIK: Got it. MR. MULHERE: Yep. Our trip generation here, our total p.m. peak hour is 419. We don't create any additional transportation impact over what is currently approved, and the -- and, again, the maximum trip generation is 419. There are no deficiencies. Staff recommended the petition to go forward with a recommendation of approval but not for Deviation 6. And, Commissioner Sparrazza, Rich relayed that you had a question. We got with the client and with staff. We came up with something that will address the water -quality issues. We've agreed to -- just give me a second. We've agreed to revise the deviation as shown in bold right there, which will require us not to simply have a deviation but to plant two rows of native grasses around the entire perimeter of the lake -- stormwater lakes within the project. The effect of that is that those lakes -- that vegetation will trap sediment and absorb excessive nutrients, so we'll get the water -quality benefit, but we will not have the shelf which creates a significant amount of foraging habitat for birds, which is a dangerous situation close to the runway. So we get both. We satisfied staff and Jaime Cook, who can certainly speak for herself, but she concurred, and so staff accepts this language as a change to the deviation. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, sir. COMMISSIONER KLUCIK: If I might, okay. So -- and I'm only asking this just because I want to understand it. MR. MULHERE: Sure. COMMISSIONER KLUCIK: So the -- you would put in the littoral shelf, and that's where you would put plants -- MR. MULHERE: We're required -- COMMISSIONER KLUCIK: -- under the rule? MR. MULHERE: Yes. COMMISSIONER KLUCIK: And what you're going to do instead is you're not going to put the shelf in, but you're going to -- are you going to put in probably just as many plants? MR. MULHERE: Well, because we're going to do it around the entire lake, I didn't do the calculation, but it should be pretty close to 7 percent of the -- which, as you can see from the requirement, it's 7 percent of the total lake area. COMMISSIONER KLUCIK: And then would that be on the dry area or in -- Page 60 of 68 Packet Pg. 63 November 17, 2022 5.A.a MR. MULHERE: No. It's in a -- it will be both wet and dry depending on the water table. COMMISSIONER KLUCIK: But there's just no shelf? MR. MULHERE: Correct. COMMISSIONER KLUCIK: Thank you. MR. MULHERE: Yep. CHAIRMAN FRYER: Thank you. MR. MULHERE: This shows you Tract E and shows you the proximity to the runway, which is why that's an important issue, a safety issue. So this was the original staff recommendation on Sandy Lane, which was for us to remove the portion of Polly Avenue which really isn't Polly Avenue but which was shown outside of our PUD on the south -- I have an exhibit I'll show you in just a minute -- and so we went ahead and removed that. But we also had a conversation with staff regarding this dead-end issue. We don't -- all of that property is outside of the PUD, and we don't really control that area. And I think staff took a look at the issue and is now comfortable that we shouldn't have to create that dead-end, because we don't have a right to go on that property and do SO. So we've revised the master plan to address almost all of staff comments, but there are two minor issues that I missed. One is -- it's a little bit hard to see, but you can see this says 30-foot right-of-way, and Ms. Ashton had requested that we strike through that, because it's unclear if that really exists or exists fully, and that points to Polly Avenue. So that will come out. I'll remove that. And then staff had also requested that we label Polly Avenue not only on the east/west segment, but on the north/south segment. So we'll label that Polly Avenue. You can see we've removed what we previously showed as an extension, which is actually, I think, just a pathway for LASIP maintenance. So we took that -- it's not within our master plan. We took it off based on staffs direction. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: I don't know as it matters so much, but I think it would be nice for me to understand. MR. MULHERE: Sure. COMMISSIONER KLUCIK: I'm just trying to figure out what --so there's -- Polly Avenue runs at the bottom of that green section -- MR. MULHERE: Yeah. COMMISSIONER KLUCIK: -- from Sunset all the way to where the arrow is, right? MR. MULHERE: I have a picture. COMMISSIONER KLUCIK: Well, can you go back to the graphic. MR. MULHERE: The PUD master plan? COMMISSIONER KLUCIK: Right there. So that line -- you have the yellow and the green colored boxes, and then right underneath that is where Polly would be; is that correct? MR. MULHERE: Yes, this right here and here. COMMISSIONER KLUCIK: And what is it that you're proposing be changed Page 61 of 68 Packet Pg. 64 November 17, 2022 5.A.a compared to this graphic? MR. MULHERE: Nothing. COMMISSIONER KLUCIK: Okay. So you are going to put Polly there? MR. MULHERE: Well, it's already -- it's -- COMMISSIONER KLUCIK: It's already there, okay, but somehow the right-of-way is different or what? I don't understand. MR. MULHERE: No. We had this extending outside of our master plan, and that's really only a pathway. It's not even paved. We don't have any rights to it. COMMISSIONER KLUCIK: Okay. MR. MULHERE: We're not even sure who does have rights to it. I'm sure the county has some rights if it's a pathway for LASIP. But the direction we got was take it off the master plan. It was confusing, I think, is really -- MS. ASHTON-CICKO: They're only drainage easements of record that we were able to locate in that location, and it was showing that a road was going all the way to Santa Barbara. So that was -- needed to be corrected. And it also showed another line running east of the "1" of Polly, which was actually a Lely Area Stormwater Improvement Project easement as well, and it was misleading because it looked like it was a road. MR. MULHERE: It was confusing. COMMISSIONER KLUCIK: Thank you. MR. MULHERE: So that are the three minor changes that -- well, a couple of them not so minor that changed the deviation language. But most of them had to do with this change in the master plan. We have two more little changes to make after this hearing, and that would be to add Polly to the north/south segment and remove the reference to a 30-foot right-of-way. That concludes my presentation. We do have a full team here. If there's any questions that I didn't answer or can't answer, we can bring up the appropriate person. CHAIRMAN FRYER: Thank you. Planning Commission, any questions or comments? (No response.) CHAIRMAN FRYER: There don't appear to be, Mr. Mulhere. MR. MULHERE: Okay. Thank you very much. CHAIRMAN FRYER: Thank you. MR. MULHERE: I'll get out of the way. CHAIRMAN FRYER: Staff? MR. BOSI: Mike Bosi, Planning and Zoning director. Staff, with the described modifications that Bob talked about that he has made and the two additional modifications that are going to be made to the master plan as well as the deviation adjustment to the littoral plantings, are recommending approval on both petitions. CHAIRMAN FRYER: Thank you. Any questions or comments from the Planning Commission to staff? Commissioner Sparrazza, you look like you're about to -- COMMISSIONER SPARRAZZA: Yes. Not to staff, but I probably should have said this earlier. I wanted to thank Mr. Yovanovich for reaching out and having a conversation with me the other day. And as we talked through it, together we came up with the proposal that you folks have put together on that littoral shelf so that a Page 62 of 68 Packet Pg. 65 November 17, 2022 5.A.a modification for not doing the littoral shelf with -- obviously, the one main safety concern is, we have aircraft, we don't want birds near by, but how do we continue on? It was just a great program. I wanted to thank you both for coming up with, under 48 hours, I think, a plan to attack Amendment 6, I believe it is, and coming up with a positive process. Thank you. MR. MULHERE: I have to give credit to people that are smarter than me when it comes to native plants and vegetation and animals, so... COMMISSIONER SPARRAZZA: Well, I guess my point was within 48 hours of folks working together on a problem, it was solved to a happy resolution to everybody. Thank you. CHAIRMAN FRYER: I'll add on to that by complimenting Paula McMichael for doing an excellent job at the NIM. Staff, anything further? MR. BOSI: Nothing further from staff unless you have any questions. CHAIRMAN FRYER: Any other questions or comments for staff? COMMISSIONER KLUCIK: I was trying to figure out what I could ask Mr. Yovanovich, but nothing comes to mind. CHAIRMAN FRYER: Well -- thank you. MR. YOVANOVICH: This way we won't interrupt each other. COMMISSIONER SHEA: Are we just talking about 3? CHAIRMAN FRYER: No, we're talking about both of them. COMMISSIONER SHEA: So we're talking about the development, as well, of the homes. CHAIRMAN FRYER: Yes, yeah. Did you want to be heard on that? COMMISSIONER SHEA: Yeah. I was just wondering, it doesn't seem like there's any -- I mean, we're looking at changing the zoning on this property. MR. MULHERE: Yeah. COMMISSIONER SHEA: And there's no -- you know what I'm going to ask. There's no affordable housing or anything that benefits the community as a whole. So why would we change the zoning other than it's -- I understand it's consistent with the plan, but that's not a right of the property owner. MR. YOVANOVICH: Well, I don't want to debate that -- COMMISSIONER SHEA: Come on. MR. YOVANOVICH: -- because you've heard my speech before that once we show we're consistent with the Growth Management Plan, the burden then shifts for the county to have to keep the status quo. But there's a tremendous benefit to the neighborhood because it results in two projects now interconnecting, which takes traffic out of the neighborhood, which was -- I don't remember if you were on the Planning Commission at the time we did ShadowWood -- when we did the ShadowWood amendment that had Tract E. CHAIRMAN FRYER: About two years ago. MR. YOVANOVICH: Yeah. COMMISSIONER SHEA: It wouldn't matter. I can't remember last week. MR. YOVANOVICH: But, anyway, that was a tremendous -- a tremendous concern of the neighborhood, so we're taking that traffic out. And, you know, we've worked really well with our neighbors as far as making changes to the project to address Page 63 of 68 Packet Pg. 66 November 17, 2022 5.A.a other concerns. So there are and there will be opportunities in other projects to provide affordable housing. It's just this doesn't really -- this won't be one of those opportunities. MR. MULHERE: And as a professional planner, certified -- I don't usually say that, but, you know, there is a benefit. You have this ag zoning which is in the urban area next to and within an area that provides all the infrastructure that is appropriate to serve this additional density. And from a planning perspective, public sector planning perspective as well, you have economies of scale. You want to encourage those kinds of changes there as opposed to maybe somewhere where there aren't those services readily available to serve. So it's less costly, too, to the public citizens, to the citizens. MR. YOVANOVICH: And just one last thing. When the Growth Management Plan was adopted in 1989, most of Collier County was agricultural zoned. So, basically, in the urban area, the yellow area, the ag zone is kind of a holding category for us to come through with what exactly is happening right now. CHAIRMAN FRYER: Thank you. Anything else at this time? (No response.) CHAIRMAN FRYER: All right. It would be appropriate now to ask Mr. Youngblood about registered speakers. MR. YOUNGBLOOD: Mr. Chairman, we have three registered speakers in the room with us. Our first one is going to be Kevin Dey followed by Mark Berry, and speakers are encouraged to use both podiums. CHAIRMAN FRYER: Thank you. MR. YOUNGBLOOD: Or either podium, rather. CHAIRMAN FRYER: Yeah. MR. DEY: I'll stay away from these guys. I'll go over here. Kevin Dey, 3939 Skyway Drive. I represent Wing South. To start out with, I have been speaking with the developer, but I wanted to make sure that some of our major concerns were addressed. I think they were. One is that -- the original agreement, making sure that the people sign and acknowledge the airport's there, our hours of operation, and all the things that we originally agreed upon, and it looks like that's still all in place. I did request that it be in bold, because homeowners documents, they're very plentiful, and people flip through them. I think if they see it in bold, they'll take an extra look. Because this is -- when these places get built, you guys are going to get more calls when our planes take off. I mean, they're really close. So I just want to make sure they don't -- they clearly, clearly recognize they are buying next to a 50-year-old airstrip that's been there, and it's not going anywhere. And the other thing is that it be recorded with the deed somehow so future builders don't buy it and say, oh, I didn't know that. And I think they addressed all that. Another thing was the berm, and they restated that, a 4-foot berm with a 6-foot wall that I requested because of the noise, the dust, the smell of fuel and so on and so forth. They started clearing the area north of us. It only kind of got half cleared, and now it's just a massive sort of dumpsite of old trees. I sort of understand, as a developer myself. It got to be rainy season. So I just want to make sure as a matter -- I have spoken with Mr. Asher, and he says, yes, as soon as it gets dry enough, we're going to clear all that out. Because right now it's just a big mess, so they have addressed that. That was one of Page 64 of 68 Packet Pg. 67 November 17, 2022 5.A.a my concerns. And also you -- I'm a pilot, and this advisory circular from the FAA, it's 150-520033C, specifically Chapter 41, it asks that the governing body works with -- makes sure the airport owners/developers are doing the right thing as far as birds. And they've got water over there. And birds are an enemy for airplanes, because 80 percent of bird strikes happen within 1,500 feet, and 15 percent of -- 50 percent happen on landing and take -offs. And so it's a real concern. We don't want to add any more birds in the area. So I guess you guys have talked about something to do with the ponds to kind of lessen the -- I don't want to invite birds in. I love birds, but I don't want them to go through the windshield of the airplane. We had one at Naples Airport a few years ago, and that didn't end up too well. And then I think -- it seems like they've addressed everything that I was concerned with. CHAIRMAN FRYER: Very good. Thank you, sir -- MR. DEY: Thank you. CHAIRMAN FRYER: -- very much. Next speaker. MR. BERRY: How you doing, gentlemen? Mark Berry. I'm the president for the HOA for Tract B, which is immediately south of Wing South, but it is the one tract that is deeded -- we have the use of the runway, deeded rights to the runway, so we also share with Wing South the runway. So just for your clarification, the original point about adding Wing South Airpark to the Tract E disclosures, that's because their original disclosure was going to just let their potential buyers know that they were near an airport. And the Tract E in Wing South is all five miles away from Naples Airport, and we didn't want potential buyers to say, oh, well, we're five miles away from Naples; that's not going to be a problem. They move in and then realize they're next to a runway, which is not part of Naples Airpark. So that was the clarification which we asked for, and we believe that Mr. Yovanovich has addressed that. But I just wanted to let you know that was -- that it is very much in our interest for their buyers to know that they are right on an airpark. The second issue is I found out about this meeting from a sign, not to be called a billboard -- I learned that earlier this morning -- on Rattlesnake Hammock immediately adjacent to our entrance at Skyway Drive. And Skyway Drive, once you get past Tract E, Tract E is from Rattlesnake up to Wing South. That's our houses and hangar homes that are attached to the runway. Then once you get to the gate, the rest of Skyway Drive is part of Naples Airpark. Those roadways are combined -use taxiways, and they have specific setbacks for wing tip clearance, and all of our airplanes taxi on those roads. So Skyway Drive is not just a road; it is an active airport. And so if for this reason your board does not allow the Tract E -- see, we have no issue with them -- their PUD stuff to go east and north over to Santa Barbara. That's great. But if for any reason you deny that, they're next going to want to come south through Skyway Drive to Rattlesnake, and that will bring all their car traffic onto our airport interfering with our aircraft and be a very dangerous situation. So I just wanted to let you know that that's a potential consequence of not having them take their traffic to the east and to the north. Page 65 of 68 Packet Pg. 68 November 17, 2022 5.A.a So we're just here to protect our interests. We don't want to -- we're not here to affect their development or anything. They're our new neighbors, but we want to protect our interests so that their traffic does not come through our airpark and so that their new owners know, hey, I like airplane noise, because that's where I'm moving. There's no surprise. It's because like -- as Mr. Dey said, Wing South Airpark existed for 50 years, so those are just the two points that Tract B would like to point out. And I will handle any questions or step down. CHAIRMAN FRYER: Thank you, Mr. Berry. MR. BERRY: Okay. Thank you. CHAIRMAN FRYER: I don't believe there are any questions at this time, but thank you. Mr. Youngblood, anybody else? MR. YOUNGBLOOD: Mr. Chairman, we have one final speaker, F.W. Celce. Did I pronounce that correctly? MR. CELCE: Close enough. I'll relinquish my time. Everything's been said that I was going to say. CHAIRMAN FRYER: All right, sir. Thank you very much. Anybody in the room who has not registered to speak but wishes to be heard on this matter, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing none, we will close the public comment segment of -- MR. BOSI: Excuse me, Chair. I was informed earlier by Mr. Finn, I guess, like, an hour ago, he did receive a letter of opposition regarding the ShadowWood PUD stating that she felt that the action was going to lead to overcrowding. I'm not sure -- she may have been referencing Sandy Lane, because ShadowWood's not asking for additional density. So I just wanted to provide that notification that we did get a late letter of opposition related to that. CHAIRMAN FRYER: All right. Fine. Thank you. We'll make that letter a part of the record. Please provide it to the court reporter. All right. So there were no additional public speakers. We're closing the public comment segment of these hearings. And now it is appropriate for us to deliberate and entertain a motion. I take it, Mr. Yovanovich, there's no rebuttal? MR. YOVANOVICH: I don't, because I don't really want to give Mr. Klucik an opportunity, so we're going to waive rebuttal. CHAIRMAN FRYER: All right. Discussion up here at the dais, please? COMMISSIONER KLUCIK: I mean, I just -- when I was speaking with staff, it seemed clear that there was -- there really was not any force against it. It seems like there also have been -- very accommodating and mindful of any neighbors and what staff, you know, had requested, and so I -- you know, it seems like there's every reason to vote to approve this. CHAIRMAN FRYER: Okay. When the time comes for the making of a motion, and maybe that's now, in addition to the two PUDs, one an original PUD/PUDZ and the other a PUDA, we also have two EACs. So it really would be four approvals or denials that we would be voting on. Page 66 of 68 Packet Pg. 69 November 17, 2022 5.A.a COMMISSIONER KLUCIK: I will go ahead, unless my colleagues want to speak first, but I'd go ahead and make the motion for all four of those to move forward as modified from our discussion that we've heard what the modifications are. aye. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: I'll second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor of all four motions, please say COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: (Absent.) COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously, 4-0. MR. MULHERE: Thank you. CHAIRMAN FRYER: Thank you. Thank you, applicant, members of the public, staff, Planning Commission, everyone. So we will move quickly through the remainder of our agenda. There is no old business, I assume, and no new business. And is there any public comment on matters that did not come before us today on the agenda? MR. YOUNGBLOOD: I don't have any registered speakers for this item, Mr. Chairman. CHAIRMAN FRYER: Thank you, Mr. Youngblood. Then without objection, we're adjourned. EMMMMMM2 Page 67 of 68 Packet Pg. 70 November 17, 2022 5.A.a There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:32 p.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 68 of 68 Packet Pg. 71 December 1, 2022 5.B.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida December 1, 2022 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Joe Schmitt, Vice Chair Paul Shea, Secretary Robert L. Klucik, Jr. Randy Sparrazza Christopher T. Vernon Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 62 Packet Pg. 72 December 1, 2022 5.B.a PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Good morning, everyone. Happy holiday season, and welcome to the December 1, 2022, meeting of the Collier County Planning Commission. Would everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Secretary, please call the roll. COMMISSIONER SHEA: Commissioner [sic] Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Commissioner Vernon? COMMISSIONER VERNON: Here. COMMISSIONER SHEA: Commissioner Shea is here. Commissioner Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Commissioner Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER SHEA: Commissioner Klucik? COMMISSIONER KLUCIK: Here. COMMISSIONER SHEA: And, Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: We have a quorum, sir. CHAIRMAN FRYER: Thank you, Secretary. Addenda to the agenda, Mr. Bellows. MR. BELLOWS: We have no changes. CHAIRMAN FRYER: Okay. Planning Commission absences. Our next meeting would have been December 15, 2022, but at this point there's nothing on the agenda for that date, and nothing has been advertised, so it would be extremely impossible for us to hear matters. So I would entertain a motion at this time that we grant ourselves a Christmas present of canceling our December 15 meeting. COMMISSIONER KLUCIK: I would move that we have a Christmas event and party at the same time right here. CHAIRMAN FRYER: At the Kluciks'? COMMISSIONER KLUCIK: No, no, right here. CHAIRMAN FRYER: Oh, oh, I thought -- COMMISSIONER KLUCIK: I guess motion withdrawn. There's no support. CHAIRMAN FRYER: Will somebody please make the motion. COMMISSIONER SHEA: So moved. COMMISSIONER SCHMITT: I make a motion to cancel the meeting as recommended. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? Page 2 of 62 Packet Pg. 73 December 1, 2022 5.B.a (No response.) CHAIRMAN FRYER: Okay. So that gives us a nice five -week Christmas present in lieu of doubling our salary. So this is a wonderful thing. Our next -- COMMISSIONER SHEA: We could do both. CHAIRMAN FRYER: Yeah, both, and come out even. Next meeting is going to be the first meeting of the year 2023 on January 5. I realize it's a long ways away, but at this point does anyone know whether here or she will be unable to attend that meeting? (No response.) CHAIRMAN FRYER: Okay. I hope to see all of you then. Approval of the minutes. We have only our minutes for the meeting of November 3rd, 2022, in front of us. Any corrections, changes, additions to those minutes? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion to approve. COMMISSIONER SCHMITT: Make a motion to approve. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second it. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you. BCC report/recaps, Mr. Bellows. MR. BELLOWS: Yes. The Board of County Commissioners did not meet since the last Planning Commission meeting, but it is my understanding that the commissioner has appointed or has recommended an appointment to fill the vacancy on the Planning Commission, and it should be on the agenda for the next -- I'll double-check that, but I'm thinking it may not be officially on there yet, so I'll have to double-check that. CHAIRMAN FRYER: So we're hoping it would be on the 13th of December? Hoping? MR. BELLOWS: Yes, but I'm seeing -- Wanda Rodriguez, who works in the County Attorney's Office, is indicating it isn't on the Board agenda at this time. CHAIRMAN FRYER: Okay. All right. Well, the Board doesn't meet, then, after the 13th until after our January 5 meeting? MR. BELLOWS: Yeah. CHAIRMAN FRYER: Well, I hope we're a group of seven come the 5th of January. All right. Nothing else from you, Mr. Bellows? MR. BELLOWS: That's it. CHAIRMAN FRYER: Chairman's report, nothing today. Consent agenda, none today. Advertised, our first public hearing will be on PL20210001860, the Orange Blossom Ranch MPUDA. All those wishing to testify in this matter, please rise to be sworn by the court reporter. Page 3 of 62 Packet Pg. 74 December 1, 2022 5.B.a (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures starting with Ms. Lockhart, please. MS. LOCKHART: Staff materials, and I spoke with the applicant's representative. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials and site visit. CHAIRMAN FRYER: Thank you. In my case, meetings with staff, conversations with the applicant's agents, and materials of public record. COMMISSIONER SCHMITT: A conversation with Wayne Arnold and Rich Yovanovich on this matter. COMMISSIONER KLUCIK: Nothing to disclose except my staff meeting on Monday where they just briefed me on the items that are on the agenda. CHAIRMAN FRYER: Thank you. COMMISSIONER SPARRAZZA: I also had a meeting with the applicants, Mr. Yovanovich, and Mr. Arnold, a telephone conversation. CHAIRMAN FRYER: Thank you. With that, Mr. Arnold, you have the floor, sir. MR. ARNOLD: Thank you. Good morning. I'm Wayne Arnold with Q. Grady Minor & Associates. I'm a certified planner there. With me today is our team. We have representatives from Quaterra, which was formerly Lennar multifamily. They've since changed the name of their corporate entity, and we have Jason Graham with Quaterra here today. We have Rich Yovanovich, who's our land -use counsel. Mike Delate, who's a professional engineer in our office is also here and has been working on the matter. Jim Banks, as you know, transportation engineer is on the case. And we had Marco Espinar do some very preliminary environmental work, but the site's an orange grove today, so there's really no environmental matter to discuss. So that's our team. And what we're here to talk about is largely what's the commercial tract out at the Orange Blossom Ranch PUD. This is a partially developed project that's east of Immokalee Road and then on the north and south side of Oil Well Road. It's about 616 overall acres, and the commercial tract's about 42 to 44 acres, depending if you include the county's right-of-way through the property or not. CHAIRMAN FRYER: Excuse me, Mr. Arnold, just for a moment. Mr. Troy Miller, we're asking you to come in. We've got a technological issue that we need your brilliance to help us solve. Sorry to interrupt. MR. ARNOLD: Should I keep going? CHAIRMAN FRYER: Please. MR. ARNOLD: Oh, okay. Thanks. COMMISSIONER SCHMITT: I don't have it on my screen; that's all. MR. ARNOLD: Maybe you can just check the monitor. I think the same is being displayed. So, Mr. Schmitt, I think you're familiar with the commercial tract, which we're proposing to relabel as a mixed -use tract in the project. As I mentioned, we're here to modify the commercial tract to make a mixed -use tract. We're proposing to allow for up to 400 multifamily rental dwelling units on about 17 acres of that commercial tract. The balance of the tract will remain commercial and has been acquired by a commercial developer who is working on site plans right now to bring it up. COMMISSIONER KLUCIK: Can you just repeat those last couple sentences, because I was dealing with my technical issues. MR. ARNOLD: Sure. So the -- what we're proposing is to build up to 400 multifamily rental apartments on about 17 acres. The balance of the commercial tract, which we're now renaming a mixed -use tract, would have commercial development on it; about 100,000 square feet of Page 4 of 62 Packet Pg. 75 December 1, 2022 5.B.a grocery -anchored shopping center use is what's being proposed there. COMMISSIONER KLUCIK: And then you mentioned another party that was doing something? MR. ARNOLD: That commercial parcel is no longer under the Paul family ownership. They sold that parcel a few months ago to WMG Development, a local developer who's developed many properties in the area. COMMISSIONER KLUCIK: Okay. So I'm just trying to figure out so what we have is the 44 acres is the yellow part? MR. ARNOLD: That's correct. COMMISSIONER KLUCIK: And then that's split up into 17 and 27? MR. ARNOLD: That's correct. COMMISSIONER KLUCIK: And the -- which part is it that we're talking about today, 17 or the 27? MR. ARNOLD: Well, we're talking about all of the tract, because we're relabeling it as a mixed -use tract. But the residential will go only on about 17 acres of it. And I've got an exhibit that shows a little bit more detail of that just a couple slides forward. COMMISSIONER KLUCIK: So the commercial entity doesn't really care, because they can -- they can do right now whatever they want to do, because it's already zoned for that. MR. ARNOLD: That is correct. COMMISSIONER KLUCIK: And so you're coming for the whole thing, because it's already one big piece, and so you need to get this different designation. MR. ARNOLD: Yes. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: While you're at it, if you wouldn't mind, just for consistency, could you report to us to the extent that you're aware how far along that commercial development is. MR. ARNOLD: I'm not personally involved in it. Mr. Banks actually is representing them doing their transportation analysis. He told me yesterday that they have a target date of December 1st, which was today, to submit. I don't know if they actually made that deadline, but that's how far along they are in their site plan process. CHAIRMAN FRYER: Okay. Thank you. MR. ARNOLD: Yes. COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: On the same line, is there -- is there some, you know, deadline by which, you know, these things -- you know, the commercial piece would be in? I mean, obviously you're coming before it, and you're just asking to change, you know, the -- you know, the zoning or whatever, the possibilities for this larger piece of land, the 44 acres, and then it's always a concern of when everything will come online because we're talking about, oh, this is great because there will be this -- you know, these goods and services available. So is there some mechanism where we know when that is likely going to happen or has to happen? MR. YOVANOVICH: For the record, Rich Yovanovich. Part of this petition adds an additional access point for the grocery -anchored shopping center. There is already in place a Developer Contribution Agreement between the county and the "R" of the commercial parcel with a very stringent date for the county to deliver a traffic signal, because that's the anticipated date of opening the grocery -anchored shopping center. I don't remember the exact date, but it's, I want to say, a year -and -a -half away. So the grocery -anchored shopping center is moving right along. COMMISSIONER KLUCIK: And I appreciate it. I mean, obviously there's all sorts of things that -- MR. YOVANOVICH: Sure. COMMISSIONER KLUCIK: -- factor into just our thoughts about what's -- how this is going to impact the community. And, certainly, you know, if things are coming online when they're Page 5 of 62 Packet Pg. 76 December 1, 2022 5.B.a coming online, that helps us think about it. MR. YOVANOVICH: There will be -- COMMISSIONER KLUCIK: So I appreciate that. MR. YOVANOVICH: Yeah. We may be just slightly behind on the apartments. MR. ARNOLD: Thank you. So this is the approved master plan for Orange Blossom. North is to your left, just the scale of the project. It's large. It encompasses areas to the south and to the north of Oil Well Road. It also encompasses what's going to be a portion of the Corkscrew Regional Park that's under construction, and part of this process that we've been going through since we started the PUD process was the county actually has now acquired, by deed, from Mr. Paul the right-of-way necessary to extend a new signalized road that Rich mentioned from Oil Well Road north into the regional park, so it will bifurcate the commercial tract. COMMISSIONER KLUCIK: Is that in the center there, as it Y -- that road that kind of loops, and then there's a Y at the end of it that goes to the park? MR. ARNOLD: Yes. This, where I've got the pointer, is the alignment across the commercial tract, and it goes up into the park. COMMISSIONER KLUCIK: And the branch that goes to the -- down is the one that would go to the park at the end there? MR. ARNOLD: Yes. COMMISSIONER KLUCIK: Okay. MR. ARNOLD: Yes, sir. COMMISSIONER KLUCIK: Okay. Thank you. MR. ARNOLD: So the commercial tract -- and you can see -- is depicted there. It's currently designated commercial office. We're changing that to MU. As you can see inset to the upper left that shows you two new access points to the project, and one of those will be a right -out only. It's the one closest to the Palmetto Ridge High School. And we've worked with staff to locate that. There's a construction access point near that location presently, and it can be used as an exit only for the shopping center that's planned on that portion of the tract. So we have development standards, obviously, but here's how that relates, if you would, Mr. Klucik. So the colored portion of this in the aerial photograph represents where the apartment complex will be constructed. The balance of that rectangle to the left of the service road to the park will be part of the shopping center, and then there will be outparcels fronting Oil Well Road in front of the residential tract. So this area would be outparcels. This area is going to be the grocery -anchored shopping center. Here is a blowup of our conceptual layout for the project. This depicts how the project will relate. One of the key factors for this is this frontage road that extends between Hawthorn, which is existing road into the northern tract for the residential development. Their gate, by the way, is back here. So the entrance was stubbed out when the project was originally conceived. And this will be frontage road that goes behind all of the outparcels connecting to the signalized intersection where I have the arrow. So you can see how this alignment takes it through the project. I think it isolates the residential component very well from the balance of the commercial, and our clients have worked very closely with the commercial developer on this plan, and they obviously need access to the frontage road, because our access to the residential will be at this location going into the clubhouse and leasing office and then, obviously, we have an arrangement of buildings. And that's subject to refinement, but that's sort of the more detailed working plan that we have. These are projected to be three-story buildings. They're within -- oh, okay. Good point. Rich just reminded me that one of the advantages, too, of the frontage road is that the residents can come out of their gate at Hawthorn, come over across the frontage road, and to the lighted intersection. I know that we heard from not only the neighborhood information meeting but just Page 6 of 62 Packet Pg. 77 December 1, 2022 5.B.a others -- we met with some of the POA representatives before we even filed the application that, you know, they'd been trying to get a traffic signal at their entrance. But I'm not sure that that will happen, but the county has made a commitment to build a signal that will serve the park, the commercial tract, and obviously these residential units that are already constructed. COMMISSIONER SCHMITT: So they'll be able to make a left turn -- on that frontage road, make a left turn? MR. ARNOLD: That's correct. You would come along, make a left into the divided road, and then you have signalized access to go right or left. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I just want to double-check that the folks living -- that normally gain access to Oil Well through Hawthorn are able to use the frontage road, go through whatever this minor intersection is, and cut through to the supermarket -anchored shopping center without ever having to go on Oil Well; is that correct? MR. ARNOLD: Yes, sir, that's correct. So they would come out, go to the south, out of their gated access here. They could then make a right turn into the frontage road, tragress [sic] all the way -- serving all the outparcels. They're projecting four outparcels across the frontage, so you could access any of those outparcels. You could access the shopping center, you could access the park not going onto Oil Well Road. COMMISSIONER SPARRAZZA: Great. Thank you. MR. ARNOLD: Yes, sir. So we've proposed a Type B buffer to our north. We'd heard from some of the residences, their villas that have been developed to the north. They have a 10-foot Type A buffer. I'll go back to show you. That aerial's not the best. I've got abetter one. But you can see these villas to the north. It's the rear of those yards. Those are twin villa type product. We're required to have a 15-foot-wide Type B. We're planning for a 20-foot-wide Type B buffer. It will have a hedge at a minimum six feet tall with trees, and then be separated between us and them. There's a 30-foot county utility easement that's in this area. So that's a natural separation we have between our multifamily and their twin villa product. And so between our 20-foot buffer, the 30-foot easement, and their 10-foot buffer, plus rear yard setbacks, we're now, you know, approaching, you know, close to 100-feet separation between the product type with the buffers. This is a cross-section showing you the buffer relationship. The villas are to the right on the screen. And then our Orange Blossom residences are over here. So we'll have a project perimeter berm, we'll have vegetation on top of the berm, and then we'll have hedging that's also on the berm. So you get a sense that you can see the separation that we start to achieve from the nearest residences. Here's a conceptual building rendering that we've added some landscaping to. It's very similar to what we've presented at our neighborhood information meeting. Projecting these to be three-story buildings. We've -- the height for the commercial tract right now is a zoned height of 50 feet. Our proposed building heights are 45 feet zoned, 55 feet actual feet building height. So we think we're very comparable to what was going to be with regard to the commercial development anyway with a buffer that was comparable to the commercial that's allowed today. Here's just a rendering of their clubhouse facility. It's going to be as you would imagine. Most of these rental communities have stepped up their game with regard to what they have to provide for amenities, because it's a very competitive market but, obviously, the rental market is super strong in Collier County, and this area's no different. You have a location here with schools. You have Arthrex that's just down the road at Ave Maria. You have a lot of reasons that people want housing of this type in this part of the world. So I know that our clients are very excited about it and think that it's a home run market for them. So this is really concluding, but I did want to say that, you know, we took some time, and we Page 7 of 62 Packet Pg. 78 December 1, 2022 met with some of the HOA representatives as we have gone through this process, and I think we've brought forward a good project. You know, one of the things that we did as part of this -- when we filed this, you know, affordable housing was and it really still is to the forefront. We made a commitment early on that we would provide 10 percent of these units as income restricted. Even though there's no requirement to do so, our clients felt like that was the right thing to do, and they believed that in the marketplace they can deliver that without impacting their viability for the project. So we have inserted that commitment as part of this project. We've also -- just because we know traffic is such an issue out here, the frontage road concept will alleviate some of the burden on Oil Well Road, but we've also by -- basically, if you have 100,000 square feet of commercial that's, in fact, displaced because we now have residential in it, it becomes a net neutral project. We don't have an increase in the trip cap that was previously established. So we've added the 400 units, but we haven't increased the trip cap. And that does exclude the regional park. It's never been part of that trip cap equation. So we've made it clear that it's not part of that equation, but we think those are -- between the affordable housing and the traffic commitment to keep it trip neutral, we think those are two significant issues that you should consider. With that, I'm finished with our case in chief. If you have specific questions, Mr. Banks is here, Mr. Delate's here, and we'll be happy to try to address anything you may have. CHAIRMAN FRYER: Planning Commission, questions or comments? (No response.) CHAIRMAN FRYER: Apparently not. I will voice my, I guess, one misgiving I have, and it has to do with affordable housing. And I understand that this is not a situation where it's being traded off for more density. But in my personal view, 120 percent of AMI is really not affordable housing, and I would have preferred to see something around 100 percent. Is there -- is there any flexibility on that? MR. ARNOLD: I think Rich may have had some conversations with our client. I was not a party to those, so I'll let Rich step up and talk about that. CHAIRMAN FRYER: Okay. Thank you. MR. YOVANOVICH: Before I respond, I do want to -- I know you don't -- your position is it's really not affordable housing, but let me explain why I think it is. If you look at the county's chart for a family of four, the median income is $98,600. If you look at the cap in the rent that's allowed for that apartment in those ranges, it's $2,600. That's a lot of money, but the market today for that same unit is $3,000. So there is, in fact, a discount to the rent for people to come and live in that community even at the 120. With that being said, my client is willing to cap it at 100 percent. But just -- I think it's -- in fairness, there was -- there is a market rate discount even at the 120 percent based upon today's market. CHAIRMAN FRYER: Well, I appreciate that, and I -- you're right. It's just that the demand for affordable housing, I think, if you look at a bell curve, it's much greater beneath the 120 percent. MR. YOVANOVICH: But there's a significant portion of the community where you have two members of the family working that gets you above the 100 percent number, and then they're kind of squeezed without having any assistance as well. So there is that gap, and that gap also needs to be addressed through these types of commitments as well. CHAIRMAN FRYER: I take your point. Commissioner Shea. COMMISSIONER SHEA: Actually, that was my same question. MR. YOVANOVICH: I don't know how I knew that. COMMISSIONER SHEA: Huh? How you knew it? MR. YOVANOVICH: I don't know how I knew that. COMMISSIONER SHEA: Well, at 120 percent, they're all going to be 120 percent. MR. YOVANOVICH: Sure. COMMISSIONER SHEA: I was hoping more for 80, but, obviously, we don't have a lot of leverage. And the fact that you're putting 10 percent in at 100 percent is probably more than we have Page 8 of 62 Packet Pg. 79 December 1, 2022 5.B.a the right to ask you to do, so... CHAIRMAN FRYER: I'd shamelessly ask anyway. COMMISSIONER SHEA: I would, too. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: No. I think it is good that we shamelessly ask. I think it's a good thing, because I think that's one of our priorities. But, yeah, I think this probably would, based on what I've seen so far, is probably going to pass if it had no affordable housing. So kudos to your applicant for offering any affordable housing. My question -- and it may come up later -- but what happened, if you can describe for me as objectively as possible, at the NIM meeting? MR. YOVANOVICH: I think the primary concerns were traffic. I'm trying to remember back, to be honest with you. I think they were traffic and make sure we had adequate buffers between us and the villas to the north. But I would think that primarily traffic was the concerns that were raised at the neighborhood information meeting. To be honest with you, I didn't go back and look at the minutes, but I think those were the major two issues. Am I wrong? COMMISSIONER VERNON: And do you know who it was -- not by name, but what type of groups were complaining? MR. YOVANOVICH: There were residents. COMMISSIONER VERNON: Residents. MR. YOVANOVICH: Yeah, they were residents. The hard thing you had is -- and I don't think you were here when we did the amendment on the south side of Oil Well Road. The product that is built on the north side of the road has been very successful, and a lot of families moved in there because it was reasonably priced housing. There were concerns with parking at the existing north side, because if you meet the county's minimum for some of these homes, it's -- you know, it's two per home, but a lot of people had three and four cars, so there were parking -related issues on the north side. They wanted to make sure that we were segregated from their community to make sure we would not exacerbate an issue that already occurred as well as we will be providing our own amenities. There was concern about the overall amenities that are for the community as well. So with -- so we addressed that by providing our own -- own types of amenities, but those were -- it was a concern about would more homes affect their already existing infrastructure, if you will, broadly defined. COMMISSIONER VERNON: A lot of people there, or do you remember? MR. YOVANOVICH: Thirty-seven. CHAIRMAN FRYER: Thirty-seven. MR. YOVANOVICH: Thirty-seven. And I will tell you, we met with -- and Wayne said, we met with all of the associations -- the leadership of the associations before we even submitted so we could put together what we thought was an appropriate petition to address -- to address those concerns even before we submitted. COMMISSIONER VERNON: Thank you. CHAIRMAN FRYER: The staff summary with respect to the concerns raised, it said, concerns and questions from the audience were related to buffers, traffic, residential access to and from the property, construction access, school capacity, and affordable housing. MR. YOVANOVICH: Right. So school capacity is -- and Ms. Lockhart can assure you there's adequate school capacity, because that was a concern. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: I'll -- please, first. MS. ASHTON-CICKO: Thank you. Mr. Yovanovich, I did not see the 20-foot buffer between the commercial and the villas on Page 9 of 62 Packet Pg. 80 December 1, 2022 5.B.a your master plan. Is that commitment in the PUD? MR. YOVANOVICH: If it's not, we will add it. MS. ASHTON-CICKO: Okay. Thank you. MR. YOVANOVICH: Yeah. We'll label it on the master plan. I believe it's in the PUD, but we'll add it to the master plan so there's no confusion. CHAIRMAN FRYER: Any other questions or comments? Go ahead, Commissioner. COMMISSIONER SPARRAZZA: Yes, thank you. Mr. Yovanovich, help me understand this. Sometimes it gets confusing for me. If the median household income for -- is at 98,600, and if we were to request or you were to adjust the affordable housing ratio to go from 80 to 100 percent, those folks that fall under that threshold would gain a discount to the proposed rent amount -- MR. YOVANOVICH: Correct. COMMISSIONER SPARRAZZA: -- correct? Okay. If it is capped at 100 percent and that family household income, whether it's a couple or a family of four or whatever, is at $98,700, they exceed that threshold; therefore, they are no longer eligible for the discount. MR. YOVANOVICH: That is correct. COMMISSIONER SPARRAZZA: Okay. Would it be more appropriate to help more people if the threshold is pushed to 120 percent to give a larger group of people that make maybe a hair over the median that allocate a discount amount? MR. YOVANOVICH: And that --and, candidly, as you know, when you say 80 to 100, it's going to be 100; that's the market that's going to be targeted. When you said 80 to 120, the target was going to be 120 and below. I've done a few projects over the last few years where there have been commitments for affordable housing and, frankly, most of them have been 80 and 100. 1 don't remember if we did any at 120 or not. I just don't remember. We were going for that niche because, as I said, there is a -- there's a group of people out there that make more than 100 percent that need a discount, and that's why we picked 120. But if it's the wisdom of the Planning Commission to bring that down to 100, we'll do that. What it equates -- and these are based on today's numbers. COMMISSIONER SPARRAZZA: Correct. MR. YOVANOVICH: You know, right now, if you're lucky, you can find a two -bedroom apartment in one of these Class A -- you can find a two -bedroom for about $3,000 a month, okay. So at the 100 percent, you're roughly at $2,200 a month. So it's an 800-a-month, roughly, discount from the market rate. And as an aside, if you recall Allura, we went through this same thing where we did income restriction. And I went to the grand opening for that, and it was for, you know, all the residents that were living there, and there were school administrators and teachers there that, obviously, were taking advantage of their reduced rate. And, you know, it just felt good to have those people come up and be so excited about where they were living because of that restriction, the rent cap. COMMISSIONER SPARRAZZA: Right. MR. YOVANOVICH: So I think this is a good thing. My client was willing to do that up front and is committed to doing it. And I see -- but there's a number. There's always a number, you know. And I don't know what to do about that number other than if you're willing to let us go a little higher, we can serve that number. But if the collective group wants it at 100, we'll stay at 100. COMMISSIONER SPARRAZZA: I appreciate that. I was just making sure I understood how the numbers reacted to an applicant coming in trying to rent an apartment and where they -- where they may fall. CHAIRMAN FRYER: It's a bright line, wherever you put it. Mr. Bosi, and then Commissioner Klucik. MR. BOSI: Commissioner Sparrazza, just for your benefit, you were not -- you haven't been on the Board long enough to have one of the presentations from our affordable housing sector Page 10 of 62 Packet Pg. 81 December 1, 2022 5.B.a describing where the needs are within the -- within the community. And the further you go above 100 percent, the more options and more opportunities that are provided at the market rate. So when you -- when you -- when you lower it from 120 to 100, you are really providing opportunities for folks who are being displaced and being priced out of this market to find housing choices within close proximity within the county. So I understand you want to increase the -- increase the opportunity all the way to 120, but that 100 to 120, they have more housing opportunities from a market rate perspective, and it's really that under 100, under 80 that we're trying to target that really do not have true opportunities within this marketplace. So the applicant's willingness to go from 120 to 100, from staffs perspective, from a planning perspective, from an overall need perspective, benefits the community, I think, in a little bit more of a robust way. COMMISSIONER SPARRAZZA: Thank you for that explanation. That does shed light from the other angle. I appreciate that. Thank you, sir. CHAIRMAN FRYER: Thank you. Commissioner Klucik, and then Commissioner Vernon. COMMISSIONER KLUCIK: Yes. Thank you, Mr. Chairman. So the 120 applies to the price that it's offered at? MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: Does it also -- and it also applies to who's eligible to take advantage of that price? MR. YOVANOVICH: Yes, yes. COMMISSIONER KLUCIK: So when you make it 120 versus 100, the price goes up, and you also make the market bigger because you, like -- I think that's what you just said is that you're -- you're likely to find a lot more competition for it, and it's going to be less affordable to the people that, you know, I guess, you know, are in -- have a greater need. So that's fine. The issue, I guess, is you're willing to go with whatever -- you know, whatever's imposed, you understand. It might be 120; it might be 100. It's whatever the wisdom of the government officials who are making the call. MR. YOVANOVICH: As long as it doesn't go -- I'm sorry I interrupted you. As long as it doesn't go below 100. We can live with either the 100 threshold or 120 threshold. COMMISSIONER KLUCIK: Okay. Thank you. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Yeah. Just to tie onto what Mike said, but anecdotally, most of the applicants who come in here and offer affordable housing, they offer on the higher side, and we want more to come in -- I'm not suggesting they do this, but I'm suggesting, and big picture, to Mike's point, we want more to come in on the lower side. And I think what Robb said at the beginning of his comments is consistent with what I'm saying. That's the need. And I'm not -- again, I'm not talking about this, but big picture, we really -- that's the unfilled need, because most of the developers are looking to fill that top end of the affordable housing. CHAIRMAN FRYER: True. Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. Well, based on what I just heard from the fellow commissioners, I think, then, maybe, you know, we're not boxed into, you know, either/or. We could say, you know, 25 percent at 100 and, you know, the rest, 75 percent at 120. Does that work for you, you know, if we came up with something like that? CHAIRMAN FRYER: Of the 10 percent? COMMISSIONER KLUCIK: Yeah. No. I'm talking about within the --yeah, within this section of -- MR. YOVANOVICH: Okay. You almost gave me a heart attack. Page 11 of 62 Packet Pg. 82 December 1, 2022 5.B.a COMMISSIONER KLUCIK: The set -aside is 10 percent. Then within that -- MR. YOVANOVICH: Let's just say 40. Of the 40, you would say -- COMMISSIONER KLUCIK: Yeah. We would say 10 would be 100 and, you know, 30 would be 120, or 50150, whatever. MR. YOVANOVICH: I understand what you're saying. COMMISSIONER KLUCIK: Would that -- does that work for you? MR. YOVANOVICH: Sure. Any split amongst that works because we said we would do the 120. COMMISSIONER SHEA: Yeah. I would stay with the proposal of 100. COMMISSIONER VERNON: Yeah. I'm confused, because we're making it -- we're making the -- maybe I'm confused. COMMISSIONER SHEA: No, you're not. COMMISSIONER VERNON: And I know Paul's on the affordable housing. He can clear me up. But we've got a good-looking project herein which they volunteered to do, sort of, affordable housing and at the 100 percent, and now we're pushing them to make the project's affordable component less affordable, which I don't think is something we should do. COMMISSIONER SHEA: We're not. MR. YOVANOVICH: Well, we asked for the 120. We asked for 120. We asked for the 120 category. You're asking -- COMMISSIONER VERNON: Oh, okay. So he's looking to push it -- COMMISSIONER SHEA: He will accept 100. COMMISSIONER VERNON: Okay. Then I am confused. COMMISSIONER SHEA: I wouldn't split it between 100 and 120 because then we're going backwards to what we already talked about. COMMISSIONER VERNON: Let's push the whole thing down to 100 if they're willing to do it. COMMISSIONER SHEA: And they are. COMMISSIONER VERNON: I agree. COMMISSIONER KLUCIK: I was just talking --and I'm sorry, Mr. Chairman. CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: I was just --you know, I do think that there are people in both brackets that need help, and that's all I'm -- you know. COMMISSIONER VERNON: I agree. But just anecdotally --and you and I have been on the Board about the same amount of time. Everyone is more -- every applicant's more on the top end. So I think the need is there for both, but I think the need is being addressed by developers more on the higher end than the lower end. So if they're willing to accept 100 on the whole thing, I think that's a very good idea, and Paul's agreeing with me. CHAIRMAN FRYER: I agree. COMMISSIONER SHEA: Totally agree. CHAIRMAN FRYER: Vice Chairman? COMMISSIONER SCHMITT: Yeah. If it's 120, that means they're going to market to 120. Let's make it 100, I agree, let's stay with that, and we'll keep it at that level. MR. YOVANOVICH: Just so we're all clear. CHAIRMAN FRYER: Ten percent of the -- MR. YOVANOVICH: Ten percent of the entire project is capped at 100 percent of the median income. CHAIRMAN FRYER: Correct. MR. YOVANOVICH: I just want to make sure. There was a whole lot of discussion about something else. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I know you just mentioned some rough Page 12 of 62 Packet Pg. 83 December 1, 2022 5.B.a price points for rent, and can you review those, because I'm not sure I understood or they were accurate. MR. YOVANOVICH: Well, let me -- and I have to extrapolate. COMMISSIONER SPARRAZZA: Yes, sir. MR. YOVANOVICH: In Collier County a family of four, which is what the 98,6- is based on, for a two -bedroom at 120 would pay 2,547, and at the 80 percent would be $1,698. So I took the average of those two to come up with the 100 percent. I just --which would put it at approximately $2,200 a month, approximately. COMMISSIONER SPARRAZZA: And what would somebody that did not participate in this price reduction program be paying for that same apartment? MR. YOVANOVICH: In today's market, approximately $3,000. COMMISSIONER SCHMITT: So it is substantial? MR. YOVANOVICH: It is substantial, right. And you haven't been on long enough where -- I don't think you were on -- I know you weren't on. I don't know if Mr. Vernon and Mr. Klucik were on when we actually brought you a project to show -- because staff originally wanted -- in another project wanted us to do 30 percent, and we said we couldn't afford it, and staff said, show me, and went through the analysis of what you need to do to get financing as a rate of return. What it actually -- how much revenue you need to generate. So we went through a real detailed -- a detailed presentation to explain what it cost to build, what it cost to maintain, et cetera. So it is a substantial discount from the market. COMMISSIONER SPARRAZZA: Wonderful. Thank you. CHAIRMAN FRYER: Thank you. No one is signaling at this time, so if you have nothing further, applicant, then we'll hear from staff, please. MR. BOSI: Mike Bosi, Planning and Zoning director. Staff is recommending approval for the project. We really think this hits a lot of the --checks a lot of the boxes that are promoted by our Growth Management Plan. Within the localized area between Orange Blossom, between Orangetree, between the Randall Curve PUD, the BHC -- BCH one, mixed -use project that's also across the street on Immokalee Road, there's a tremendous amount, over 600,000 square feet, of available commercial opportunities. So goods and services are entitled readily within this localized area. What's not as prevalent is a lot of multifamily rental opportunities. We think adding a concentration, 17 acres of multifamily -- of apartments provides for housing diversity which we know we want to promote within the county. We also think that it's a good example of good transportation planning and land -use planning complementing each other. That frontage road will have a significant benefit to the localized area. All of the individual residents that live within Orange Blossom will now be able to access a grocery store and also other commercial amenities without having to enter onto Oil Well Road. The residential units that are in close proximity within Orangetree will also have that opportunity in a -- to shorten those trips. And one thing that we have realized is -- Orangetree at the southwest corner has added a Publix and a couple outparcels there. That shopping center, as soon as it opened, was almost overtaxed in terms of the demand that's placed upon it, so we know that there is a marketplace and there is additional demand that will be satisfied by this mixed -use arrangement. So with all those reasons, staff is offering a recommendation of approval. CHAIRMAN FRYER: Thank you, Mr. Bosi. No one is signaling at this time, so I assume no one has questions or comments for staff. Mr. Youngblood, do we have any registered speakers? MR. YOUNGBLOOG: Mr. Chairman, I have one registered speaker in the room with us, Michael Stein. MR. STEIN: Good morning, Mr. Chair. Thank you. I am one of the residents. CHAIRMAN FRYER: Would you mind stating your full name for the record, please, sir. Page 13 of 62 Packet Pg. 84 December 1, 2022 5.B.a MR. STEIN: Oh, Michael Stein. CHAIRMAN FRYER: Thank you. MR. STEIN: I am one of the residents on the northbound side of Orange Blossom in the Lennar community on the ranch side. The traffic that you are looking at, I understand they're doing a traffic study based on the 400 apartments that are there, or they're planning to build. Monday morning the traffic was backed up from Immokalee to four cars short of Everglades Boulevard -- that is almost a mile and a half -- at between 6:30 and a quarter to 8:00. This morning, no school, because it's a virtual day, it was 20 minutes. These traffic studies I understand they're doing for each individual community. We still have Torrento (phonetic) to come in across the street from this proposed 400 housing. Lennar is still putting in upwards of -- the buildout is at 600 short on Orange Blossom. You still have 1,700 homes coming down two miles west -- east of us, which is SkySail. That's not counting the 400 apartments that are going to go in on the Randall Curve. The traffic, as they're studying each individual buildout, it's easy to make it look net neutral, but when you add all these other parcels that are coming in, we are looking at almost 4,000 more units, not counting Ave Maria, which is probably half built out, because I know the national [sic] at the Lennar has about 600 homes under construction at this point, and they're not even a third of the way through their construction. So where all these cars are going to go, we have -- we don't have a clue. It takes our residents over 20 minutes on some mornings just to get out of our community off of Hawthorn Road to make the right. I feel bad for the people on the southbound side, the Groves, because they have to make the left on Oil Well, and they cannot. The cars are backed up that badly because of the school, you know, having the kids being dropped off, the traffic. You cannot make the turn. It takes 20 minutes. As for this new access road that they're planning that we have a little cutoff on the -- just outside our community, if these residents from the 400 decide to come out that way, we're never getting out, okay. I know they're planning in a few -- within the year to turn that construction road into another exit for us, but I don't see how. I'm retired, so it doesn't affect me as much. I have two kids that work from home and a daughter who works in Bonita Springs. It took her almost two hours on Monday to get to work right on Old 41 and Bonita Beach Road. This traffic, once we even get out of our community, Immokalee is backed up from Collier almost the whole way. You cannot -- the amount of homes that are coming in -- I understand we're planning, and we've started the Vanderbilt Beach extension, but that is still years away from trying to help us. Even if we tried to make the left if we left our community to avoid that traffic, go down to Everglades, then go down to either Golden Gate or Randall, it's still the same difference. If we have -- and we'll call it -- I'll call it the traffic Armageddon. We had a very bad accident in this area coming to dinner near here, three hours to get home because there's no way to get there other than -- CHAIRMAN FRYER: You're at five minutes, sir, so I'll ask you to wrap it up, if you don't mind. MR. STEIN: But I understand the traffic details of these projects are taken as just the individual project, not in the whole parcel of all the building that is going on and the traffic. It's just an untenable situation as all these houses come in. CHAIRMAN FRYER: Thank you. MR. STEIN: So we are against it. CHAIRMAN FRYER: Commissioner Shea, I was going to ask for some staff response, but do you want to ask this gentleman a question? COMMISSIONER SHEA: Yes. CHAIRMAN FRYER: Sir, would you come back to the mic, please. MR. STEIN: I didn't know -- my five minutes, and I was done. CHAIRMAN FRYER: No, no, no. Page 14 of 62 Packet Pg. 85 December 1, 2022 5.B.a COMMISSIONER SHEA: Now we can ask you questions. MR. STEIN: Please do. COMMISSIONER SHEA: So the incident you talked about, the mile -and -a -half block -up, was that primarily caused by the school during the school drop-off/pick-up hours? MR. STEIN: Yes, it is. It's an almost everyday situation when school is in session. COMMISSIONER SHEA: And when the school is not in session, what's it like? MR. STEIN: I'll tell you today was a pleasure to get to Immokalee. It took maybe 10 minutes to get all the way out and to Immokalee Road. COMMISSIONER SHEA: Okay. MR. STEIN: So, as I said, as a retiree, it doesn't bother me. I'll work around the hours to make sure my doctors are at 10:00 and not at 8:00. COMMISSIONER SHEA: Thank you. That's -- CHAIRMAN FRYER: Thank you, sir. Mr. Bosi, could we have Mr. Sawyer or someone give us a briefing on Oil Well and the progress that is being made, is going to be made on the widening of Oil Well? MR. BOSI: Of course, Chair. I see Mike coming up. And just to let you know that we do not --we do not just look at a project specific, and Mike will give you some specifics of that. But there is a much more detailed analysis that's provided within the TIS in terms of how we evaluate the traffic. CHAIRMAN FRYER: Thank you. Mr. Sawyer. MR. SAWYER: Yes. For the record, Mike Sawyer, Transportation Planning. We did outline some of the improvements as part of the staff report that are going to be in the area. We do look at the network overall and the improvements that are going to be coming online. The ones that we didn't list on the staff report was the intersection improvements on Immokalee and Randall. Certainly, that is going to help that particular area and certainly help with the flow along both Randall and, more importantly, Immokalee itself. Vanderbilt Beach extension is in construction right now. It is going to be going in two phases. The first is, sorry, to 16th, and then it's going to be going from 16th eventually to Everglades. So we'll have that parallel -- that parallel facility established when that does, in fact, get completed, which we are looking at a really healthy reduction in the amount of traffic that is on Immokalee resulting from that. The traffic should be going and using Vanderbilt. There's also Everglades Boulevard that is going to be widened basically from Vanderbilt Beach extension to Oil Well. So, again, what we're looking at is trying to get the network in that area functioning better. That also includes some of the bridge projects that already have been built and are continuing to be constructed out in that area, again, trying to get that whole network working better. As far as Oil Well itself, there is existing funding in both the five-year as well as the five- and 10-year work program. Primarily in the five-year, that is more towards design and acquisition -- right-of-way acquisition. Beyond that, then we're going to be looking at actual construction in that five- to 10-year period as far as actually getting the widening of Oil Well itself. CHAIRMAN FRYER: Is there any way, let's say, the Board of County Commissioners could speed that up if they wanted to? MR. SAWYER: At any point, all of those improvements can be advanced to a point. When you're in a five-year work program, that's pretty much locked in. The five to 10, not quite as much, but that really is -- what you've got is you've got a need to have right-of-way acquisition as well as design, which is basically a five-year normally -- at least a two-year, depending on the project itself, a two- to five-year effort. And then you've also -- in that same time period, you're also looking at bidding, getting the contractor decided, and then normally, again, depending on the size of the project, you're looking at a two- to five-year construction process itself. So every time we look at, you know, the outlying years -- that's why we look so far out in our Page 15 of 62 Packet Pg. 86 December 1, 2022 5.B.a work program. CHAIRMAN FRYER: What has -- what has happened since -- I mean, I first started concentrating on the need to widen Oil Well back when we were hearing Rivergrass, which was, what, two years ago. What progress, if any, has been made with respect to Oil Well in the last two years? MR. SAWYER: Actually -- I'd actually turn that over to Lorraine, our manager. CHAIRMAN FRYER: Okay. MR. SAWYER: I think she probably has a better idea on what's been transpiring in that period. CHAIRMAN FRYER: All right. Thank you. MS. LANTZ: Hi. Lorraine Lantz, Transportation Planning interim manager. And I previously have worked on a lot of different studies in this area to look at our network and to try to make sure that we are preparing for the future. That was my previous job. So as manager -- I think I've seen some of you at meetings, but I haven't said too much -- so this is my first opportunity. So thank you. We are currently looking at some of the needs and some of the changing demographics. That is why we are starting to scope out the extension of Everglades Boulevard from -- from VBR extension and Golden Gate all the way up to Oil Well. So that will be -- that's part of our transportation planning project to scope it out to see where it needs to be extended. That's moving into our budget for a study, which I have a scope in my hand. I'm just trying to look at it. Then, obviously, a study takes about a year, year and a half. As Mike said, then it would go into design. Design, depending on the scope, takes about 18 months. And then it would move into construction. So while these are planning projects, they are moving forward. And we are looking at the needs and looking at the timing. Your specific question was Oil Well. Very similarly, we have looked -- started to look at some of the occupancies and some of the actual impacts on Oil Well, and that's why we're looking at some of the reliever networks. We've looked at Randall. We've looked at now Everglades. So these are all coming online. What we're having a problem with is Oil Well right at the school is kind of -- is constrained. So that's why we have to look at the entire network and looking at other relievers. CHAIRMAN FRYER: Well, personally, I hope that that can be moved forward with all deliberate speed, because we've got lots of new development coming in along Oil Well, and we can't get that up soon enough, in my judgment. So thank you. Vice Chairman. COMMISSIONER SCHMITT: A question regarding the existing zoning. Mike -- probably for Mike Sawyer. CHAIRMAN FRYER: Mr. Stein, you're excused with our thanks. MR. STEIN: Thank you. COMMISSIONER SCHMITT: Mike, is the existing zoning -- are they currently vested, their transportation impact? This -- as I read the staff report, it indicates that the traffic study indicates there will be less potential traffic impacts with this being residential. It said, plus -or -minus 19 potential fewer trips resulting from the proposed land -use change. Is -- the current zoning as commercial, is it vested? Meaning the impacts are already being calculated and applied? This was reviewed as a reduction and, therefore, it's concluded that it's consistent and acceptable to Transportation? MR. SAWYER: First off -- COMMISSIONER SCHMITT: That was a complicated question, but yes. MR. SAWYER: It is. It's a good question, certainly. To start with, yes, staff supports what is both in the staff report as well as what's in the TIS. The scenario that is presented in the TIS is that if they wind up doing the 400 residential units, there will be a comparable square footage reduction likely in commercial development. Page 16 of 62 Packet Pg. 87 December 1, 2022 It's a scenario, okay. It's a scenario development. They want to keep the existing commercial rights that they've got with the existing development, with the existing PUD. They are keeping the existing trip cap that we've got for the project. That's locked in now. It's not changing. So the number of trips that we all agreed to in the previous amendments that have been done for the PUD, that number, that trip cap is not changing. So no matter what they build, they can't exceed that trip cap. Every time they come in with an SDP or a plat, like we've talked before, just like any other project, when they come in with those individual SDPs and plats, we pull those numbers, those trips off of their trip cap, and we keep control of that number, counting that down, until they get to, you know, the end, theoretically. Again, what they presented was a reasonable scenario of development. I hope that answers your questions, Commissioner. COMMISSIONER SCHMITT: It does, but from -- bottom line is, Transportation approves as proposed? MR. SAWYER: Yes, sir. COMMISSIONER SCHMITT: And with any -- with -- considering that the planned improvements throughout the network in that area will mitigate any impacts that this may have. So right now it's acceptable by staff? MR. SAWYER: Correct. What we're planning -- COMMISSIONER SCHMITT: Thank you. That's all I have. Even though I understand. understand the backup. I understand what was stated. Clearly it's an issue, but from your perspective and staffs perspective, what's being proposed is acceptable? MR. SAWYER: Yes, Commissioner. COMMISSIONER SCHMITT: Okay. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Educational question. When you come up with these peak hours, coincidentally, is that during a time when school kids are dropped off or picked up, or is that not included in the trip cap calculations, peak hour? MR. SAWYER: Normally, when you look at the p.m. peak for schools, that's different than the p.m. peak that we look at for residential and commercial. Kids are generally picked up and dropped off earlier in the afternoon. It's not -- it's not -- it's not the same as people coming -- you know, going to their homes and coming, you know, out of their homes in the morning. I'll also let you know that we've got a much longer period in the morning as far as most of the morning trips that we see. It covers a longer period. Most people make most of their trips in the evening. That's why we concentrate on the p.m. peak as being so much more, because that's when people are generally going to the gym. They're going to the store. Generally, you've got most of the people leaving about 5:00 from their places of employment and then going out. They're going home. That's where we've got the busiest amount, the largest number of trips happening out on the network. COMMISSIONER SHEA: It seems to me, though, from what I've heard, that we're ignoring the real load on the highway, which is the school. MR. SAWYER: Which is probably in the morning, yes. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. So I just wanted to clarify. So we have widening on Oil Well Road, and I don't know if you addressed it. Between Oil Well Grade Road and Everglades, that area that's just two lanes, what's the schedule and the plan for that? MR. SAWYER: I'll let Lorraine discuss that. MS. LANTZ: Sure. The schedule is -- it's a two-lane right now. It will ultimately be a six -lane where our plan would be to design and build into the four -lane footprint with eventual widening to six. But four lanes. It is shown in the county's current five-year work program in the Page 17 of 62 Packet Pg. 88 December 1, 2022 5.B.a last year, in Fiscal Year'27, to start construction. So that is under construction then. It's in the long-range plan, the 2045 Long -Range Transportation Plan, to continue construction between the years '26 to '30. So it would be a longer process than that first year. COMMISSIONER KLUCIK: So construction's starting at the end at the beginning of the fifth year -- five years from now? MS. LANTZ: Correct. COMMISSIONER KLUCIK: The beginning of the fifth year? MS. LANTZ: That's when it's funded, yes. COMMISSIONER KLUCIK: Thank you. Thank you. CHAIRMAN FRYER: Thank you. Mr. Youngblood? MR. YOUNGBLOOD: That concludes our registered speakers for this item. CHAIRMAN FRYER: Thank you. Any persons in the room who have not registered but wish to be heard on this matter, would you please raise your hand. Please come forward. Have you been sworn in? MS. SPEDLING: No. CHAIRMAN FRYER: Come on up and we'll swear you in, and then you'll have the floor. (The speaker was duly sworn and indicated in the affirmative.) THE WITNESS: Yes. CHAIRMAN FRYER: State your name, please. MS. SPEDLING: Susan Spedling (phonetic). CHAIRMAN FRYER: Thank you. MS. SPEDLING: And I just want to agree with Mike, the traffic, I mean, just getting out of our community, like he said, could be 10 to 20 minutes in the morning between 6:00 and 8:00. Once you get onto the road itself, it's stopped. You move, like, two, three cars and you're, you know, five minutes. We've got three schools right there on the right-hand side. And you not only have to watch for traffic, but you have to watch for kids, you have to watch for parents, people just letting kids out on the street or trying to turn into the schools. And it's not just the morning. It's also the afternoon. So between, like, 1:00 and 3:00 it's the same issue. My opinion, it's just personal, but 400 more people on the roads at that time of day, morning and noon, I just -- I don't see it being realistic. I mean, it's -- I understand the need for it, but maybe the roads should be in progress for widening and for actually being available for people to get onto the road and move through the road before we can actually build. And that housing community across the street, I mean, that's going to be huge, and they're moving like gangbusters out there. So I can only imagine what this complex -- how quickly it will go up. That's just -- that's all I have to say. CHAIRMAN FRYER: Thank you very much. Anybody else in the audience who wishes to be heard now? (No response.) CHAIRMAN FRYER: Seeing no hands raised, we will close the public comment portion of this hearing, and the matter is now in front of us, Planning Commission, for deliberation and vote. Vice Chairman. COMMISSIONER SCHMITT: Comment. I clearly understand the traffic concerns. I don't know, do we have a rebuttal from the applicant on anything or no? CHAIRMAN FRYER: Oh, I should have asked for that. I'm sorry. Yeah. My apologies. MR. YOVANOVICH: We all acknowledge traffic is an issue, but within the guidelines in the long-range plans that are out there, traffic will be relieved. Some of us have been here long enough that Vanderbilt Beach Road should have been done and constructed many, many years ago. What ended up happening is people out east, specifically people in the Estates, fought and fought and fought and delayed that road. So the people who are creating the traffic problems caused the delay in Page 18 of 62 Packet Pg. 89 December 1, 2022 5.B.a the fix. It's unfortunate for people that live along Orange Blossom, but the county's catching up and the county's, you know, going to address those concerns with long-range plans. The reality is, is the traffic impacts are going to be there with or without this project, because concurrency is going to allow the commercial project to go forward regardless. And as Mr. Bosi pointed out, there's a glut of commercial in this vicinity where housing is absolutely important to be addressed. If you go to Immokalee Road basically at the curve, all around that area -- you know, I forget. Mike, I think he said about 600,000 square feet just in that area. So this project clearly is -- everybody acknowledges it's needed. It meets concurrency. It's a good project, it's volunteered to give, you know, income -restricted housing, and we hope that the Planning Commission will forward this petition with a recommendation of approval to the Board of County Commissioners. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Question for Mike. Is there something we can do to temporarily relieve that peak burden during schools, put a temporary lane or something to get the cars going into the school out of the delay mode for the rest of the travelers? MR. BOSI: Mike Bosi, Planning and Zoning director. Not being a transportation engineer, I would say that if there was a relief that -- a temporary relief that was available, the Transportation Planning Department would have identified it. Without any of those suggestions coming forward, I would say that at this time there are no identified solutions to deal with that morning -- that morning commute time. And it is one of the -- it's one of the -- I guess, the realities that our focus is on the p.m. peak hours, because that is when most traffic is on. And so that's when the analysis is provided for. But within this localized area, because of the proximity of the number of schools, it's the morning -- it's the morning time that is providing the most, I think, congestion to the localized area. Unfortunately, until our transportation network catches up to the demand, there's going to be -- there's going to be some issues. CHAIRMAN FRYER: Thank you. Vice Chairman Schmitt. COMMISSIONER SCHMITT: Yeah. I guess the real issue -- and this is just a statement. Maybe Amy will verify it, but parents choose to take their kids to school in their private car rather than the kids taking the bus, and that's just our society today. There's buses, there's ways to mitigate the traffic, but parents choose to take their kids in the car, whether it's one or a carpool. But the way to mitigate it certainly would be putting -- to get the kids on the bus and using that as an alternative. So that problem is brought on primarily by, of course, the schools being there but the parents making this the choice to take their kids in a private vehicle. I'm going to make a statement. I agree, based on the transportation analysis and the staffs analysis of this, yes, there is a traffic impact. The traffic impact has been identified to be mitigated. I think assuming that 400 people are going to be on the -- 400 additional cars are going to be on the road at any given time because of 400 units is a misnomer. And I know Jim Banks can probably attest to that. That is not the case. It's not 400; it may be some portion thereof, but it certainly isn't an additional 400. With that and with the staffs recommendation, I support this. I recommend a motion to approve MPUDA20210001860, Orange Blossom Ranch MPUD. I recommend approval. COMMISSIONER SHEA: With the 100 percent? CHAIRMAN FRYER: We've got -- COMMISSIONER SCHMITT: With the modification of reducing it -- the affordable housing threshold from 120 percent to 100 percent of the 10 percent. COMMISSIONER KLUCIK: And with that buffer? COMMISSIONER SCHMITT: And with the additional buffer that Rich has already stated Page 19 of 62 Packet Pg. 90 December 1, 2022 5.B.a on the record. He noted that that would be taken care of, and Heidi certainly will follow up on that. CHAIRMAN FRYER: Let's see if we can get a second on that, and then we'll have more discussion. COMMISSIONER VERNON: You said affordable housing at 100 percent? COMMISSIONER SHEA: Yes. COMMISSIONER VERNON: Yeah, I'll second that. CHAIRMAN FRYER: Okay. Further discussion? Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I recognize that many times at these meetings we've often said that we can't go back and correct something that is not here presented by the petitioners. And I'd like to piggyback on what my fellow commissioner, Mr. Shea, brought up about what could we do with the school to assist. Mike, thank you for your answer and for the Transportation Department. Is it possible to take this one step further and say, okay, this is CCPS, Collier County Public School, and in conjunction, can we -- I hate to say the old term "think outside the box," but we recognize, as we all do, there's a problem here with children/students being dropped off. I believe I see there's waterfront upfront just before the football field or whatever. Could we think about taking a whole new look at this and saying, how can we alleviate 300 cars coming in off of Oil Well, whatever that number might be, dropping off students and say, in conjunction, what can we do on the school's grounds -- school's ground to help double lane, whatever it might be, to get the cars off of Oil Well, which would help alleviate, I'm assuming, much of the congestion we're having in the morning here, but not even look at it, quote, Oil Well. Go after the school property, which we own. COMMISSIONER SCHMITT: We don't own. MR. YOVANOVICH: You don't own the school site. COMMISSIONER SCHMITT: School board owns it. Separate entity. COMMISSIONER SPARRAZZA: So in conjunction, we have a discussion with the school board or whatever. Maybe I'm way off base, and I apologize about that. But we recognize a problem. Let's not just stop. Let's see if there's something else we can do on the school property to widen it, as you said. Just a comment. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Did you want to let Amy go ahead since -- if you want to, since you're -- I think you're addressing -- CHAIRMAN FRYER: Ms. Lockhart. MS. LOCKHART: Yes, to address that, we have worked with the county before in coordinating improvements on our school properties for getting those lines through quicker. You know, serpentining the drop-off and, you know, through parking lot or whatever. We have done those things before, and we can connect with your -- with the county Transportation Department and see if that is something that we -- is feasible or we can look at doing. I can speak with our Transportation Department. The other thing, too, is that we are working now currently on relieving Palmetto Ridge High School. We are going to be doing an attendance boundary change that will not affect Orange Blossom area or anything like that. That will be remaining in Palm -- in that high school, but we will be taking those longer trips that folks are taking to drop of their children to another high school with this attendance boundary change, if approved. We are in the planning stages for a couple of other schools that will provide relief over the long term in the location of Ave Maria, maybe another location in town. So we are -- we are working with the county planning staff and also with our regular evaluation of impacts of residential development to see where and when we should locate new schools or provide remodeling to provide more capacity. So we hope, over time, those capital improvements will also help us reduce traffic in that concentrated area. CHAIRMAN FRYER: Thank you, ma'am. Page 20 of 62 Packet Pg. 91 December 1, 2022 5.B.a COMMISSIONER SPARRAZZA: Thank you for the update. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. And I guess I would just say that based on the staff conclusion that this actually doesn't increase, it actually decreases the traffic burden as well as the affordable housing component, I'll be supporting this. COMMISSIONER SCHMITT: Is that a second? COMMISSIONER KLUCIK: Oh, we already have a second. COMMISSIONER VERNON: You already have a second. CHAIRMAN FRYER: It's already been seconded, yeah. Let's see. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I just wanted to follow up since I've got Mr. Banks in the audience, and Mr. Schmitt said the 400 units doesn't mean 400 cars. Could you just --you don't even have to stand up, if you don't mind. It will help me in the future. Rule of thumb, for 100 units, how many cars? How many traffic? MR. BANKS: Forty-five for 100, but that's -- COMMISSIONER SCHMITT: You need to come to the microphone, Jim. COMMISSIONER VERNON: Sorry. I told him he didn't have to. That's my fault. CHAIRMAN FRYER: We're going to make the burden on Commissioner Vernon to repeat what you say. MR. YOVANOVICH: Let him explain it. MR. BANKS: For 100 multifamily, it's about 45 two-way trips. COMMISSIONER VERNON: Okay. So about 50 percent, just for future, rule of thumb? MR. BANKS: A hair below 50 percent. COMMISSIONER VERNON: Okay. Thank you. CHAIRMAN FRYER: Tell us all, once again, for the record, Mr. Banks, who you are. MR. BANKS: I'm sorry. For the record, Jim Banks. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: Sorry. I'm a coconspirator in not following the rules. Sorry about that. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER VERNON: I did have one more comment. CHAIRMAN FRYER: I'm sorry. Go ahead, Commissioner Vernon. COMMISSIONER VERNON: Just to follow up on what our newest commissioner said. And this comes up a lot where we don't want to punish the applicant or, really, it's not specific to the applicant, but we want to fix a problem, and somebody speaks on it, and we all nod. And I think it goes into that transcript or -- and goes nowhere. So why can't we have a simple system that if we all have something we think it should be addressed but it's not within our purview, to have some kind of a, you know, three -sentence memo drawn up and sent to the appropriate people signed off on if we all agree by the entire Planning Commission that this should be looked at. CHAIRMAN FRYER: We absolutely can do just exactly that. COMMISSIONER VERNON: It seems like it would be a pretty easy process. CHAIRMAN FRYER: And we may, for instance -- outside the framework of this particular matter that's before us, we may decide to adopt a resolution urging the Board of County Commissioners to speed up the track on Oil Well Road, just as an example of something we could do. Now, they're free to do with our recommendation what they want, but at least we have taken that additional step, and we're absolutely free to do things like that. Commissioner Shea. COMMISSIONER SHEA: Well, that's exactly where I was going, where Chris went. I mean, I don't want to see us sit here and then we all walk out and nothing happens, because two to five years is an awful long time to wait when you have an existing problem. And the problem, if it is the Page 21 of 62 Packet Pg. 92 December 1, 2022 school system, we should be -- I don't know what we recommend. Can we establish a task force? Can we demand Transportation come back and report to us? But I'm worried the ball's going to get dropped, same as Chris is worried about. COMMISSIONER VERNON: Yeah, if I can just jump in. I mean, you know, I'm always like, okay, how do we practically do this? It seems to me we could vote, and then if something comes up that we really can't deal with with the applicant but we address, we just -- somebody articulates it, somebody seconds it, it gets approved unanimously or not, and then we ask -- at the next meeting we just read it back, and then Mr. Bosi submits it to wherever he thinks, we think it ought to go, and it's on record. CHAIRMAN FRYER: That's absolutely within our capability to do. Any further discussion? It's been moved and seconded. COMMISSIONER SHEA: Well, Mike has a question. CHAIRMAN FRYER: Oh, go ahead, Mr. Bosi, and then Vice Chairman. MR. BOSI: Lorraine had indicated that she needed to get one other thing on the record. CHAIRMAN FRYER: Okay. MS. LANTZ: Sorry. I know you've made your motion. I just wanted to clarify. Previously I said that we were under construction or would be going under construction for Oil Well between Everglades and Oil Well Grade. That is a placeholder, actually. It is in our budget for construction, but it is a placeholder because there is a Developer Contribution Agreement for that area for when all impact fees reach $20 million, then to move into the phases of design and construction. So that is technically a placeholder. Right now the level of service in the area of the issue where the school is from Immokalee to Everglades, so it's a little bit farther to the other side, is a Level of Service B, meaning that it does have capacity in the p.m. peak period. So we are looking at it as there is no current problem. The current problem is farther to the other side, which is what we would then be looking at, which is Everglades to Oil Well Grade. So I did want to clarify that, but we are continuing to monitor it. (Simultaneous crosstalk.) COMMISSIONER SHEA: But it doesn't include the school in the statement you just made. MS. LANTZ: Right. The school is at Level of Service B, so it has capacity, the road has capacity. So it is not a failing system. COMMISSIONER SHEA: With the school load considered? MS. LANTZ: Yes. I mean, that's our trips. The whole AUIR that we look at for level of service, the LOS is a B, which is acceptable, more than acceptable -- COMMISSIONER SPARRAZZA: But that was p.m. review? MS. LANTZ: That's the p.m. peak, yes. COMMISSIONER SPARRAZZA: It sounds as if our difficulties are the a.m., correct? COMMISSIONER SHEA: Uh-huh. CHAIRMAN FRYER: Vice Chairman, did you want to say something? COMMISSIONER SCHMITT: Yeah, I only --we talked about the schools. I just want to make -- for my colleagues up here, that's one of the reasons why Amy's on our board. She's not a voting member, but many, many years of the school board participating in the Planning Commission, and Amy is really our conduit to take this back to her board and her supervisors. It is a separate constitutional entity. And if -- all I can recommend is the folks who live in that community have an issue, it's -- the forum for that -- raising those issues is at the school board. And Amy will -- is part of the team. She'll take that back to her staff, but it's really a school board issue that needs to be taken to your local constituents or to your representative at the school board. CHAIRMAN FRYER: Thank you, Commissioner. COMMISSIONER SCHMITT: I mean, it's a copout, but we -- other than voicing our opinion and making sure our commissioners understand our concerns, it is a separate entity in the county. Thank you. CHAIRMAN FRYER: Thank you. Page 22 of 62 Packet Pg. 93 December 1, 2022 5.B.a Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. So just to clarify on the point that you made, that developer contribution, is that for the new RLSA communities that are coming online south of Oil Well Road that would be the main contributor at this point? MS. LANTZ: So it's an existing Developer Contribution Agreement from Ave Maria -- COMMISSIONER KLUCIK: Okay. MS. LANTZ: -- but all of the villages that are coming in and being permitted are also part of this, and that's what we're monitoring. COMMISSIONER KLUCIK: Okay. And so what triggers that contribution? MS. LANTZ: It's the impact -- Ave Maria has a developer contribution for impact fees, and once those are -- COMMISSIONER KLUCIK: Okay. So it's basically once the impact fees are accumulated? MS. LANTZ: Yes, to $20 million. That's -- COMMISSIONER KLUCIK: Do you know where they're at now? MS. LANTZ: I do not have that information. COMMISSIONER KLUCIK: Okay. Is that something that you can get to me? MS. LANTZ: Yes. COMMISSIONER KLUCIK: Yeah, you have my contact information. MS. LANTZ: Okay. Or through Mike, yes. COMMISSIONER KLUCIK: Appreciate it. Thank you. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Yeah. Commissioner Schmitt, I don't think it's a copout. I agree with what you said. I think that -- and kind of in a big picture, kind of what I'm trying to address, I think -- you know, and you're the one, frankly, who kind of taught me from the beginning, you know, a lot of --when I was new, I'd listen to you, and you'd say, that's not our job. Our job is this. And I think we see things that have been brought up today that we'd like to address but are really outside of our purview. And I think that having this system of us being able to present something kind of allows us to focus on our job but also try to effect change. And I heard -- you know, traffic and p.m., and this has come up, and then I heard the AUIR mentioned, and we just went over that. And I would suggest that next year, Mike, if your team can just kind of -- we've already sort of said we're going to look at libraries and how it's viewed. Maybe we can look at traffic and how it's viewed. Could that be something we could really focus on next year on the AUIR? MR. BOSI: Every year that I come to the Planning Commission I say the Planning Commission has the purview to make recommendations of adjustments to the levels of service. That's what you're talking about, level of service for the transportation system. What you've heard was this road has a level of service of B. It's one of the better -performing roads within the county in terms of its overall grade. Now, I think what -- the issue here is there's a dichotomy because the focus is on the p.m. hours. By the p.m. peak trip hours, the school's out. There's no problem. COMMISSIONER VERNON: Right. MR. BOSI: That's a whole different recommendation. That's a -- that's a whole different recommendation of asking the Board of County Commissioners to not only consider the p.m. peak hours but the a.m. peak hours. And I'm not even sure what kind of cascade of events or consequences that would have, but that could be a recommendation that the Planning Commission would have. But I will say that we have a very large county, and there's transportation issues on a number of different areas, and the needs that are out there are weighed all the time by the Transportation Planning Department, by the Board of County Commissioners. And where the focus and where the money is allocated, there's only a limitation towards how much revenue that there is for transportation issues. But with all that being said, you can make whatever recommendations that you want, and we Page 23 of 62 Packet Pg. 94 December 1, 2022 5.B.a will bring it forward to the Planning Commission -- or to the Board of County Commissioners and make them aware of the additional concerns that the Planning Commission has, you know, regarding any one of these road segments or any one of these projects that we're bringing forward. COMMISSIONER VERNON: Yeah. All I'm saying is we talked about actually affecting -- we're trying to figure out how to affect change, and the AUIR is one way to do that. We went through it. It's not going to come up for another year. It's too big to address everything. I mentioned next year, let's really drill down on libraries, because that has changed so much how people use libraries. And traffic keeps coming up. So can we just, if my colleagues agree, just block out extra time to focus on those two issues? And as the year goes on, we may find three or four others we want to address, and that way we're really drilling down on what's something we can possibly make a change to. MS. LANTZ: Sure. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Yeah. I don't want to belabor the point, but what I worry about is the temporary solution that we -- everything we do is two to five years. This AUIR is not going to help anybody today, and it's going to continually get worse. How do we ask Amy or Mike or Mike to come back to us and report on possible temporary fixes we can do on the property or something like that to handle this hour that is causing the problem but it's not in our calculations? CHAIRMAN FRYER: There are a number of things we can do, because planning are us. I mean -- COMMISSIONER SHEA: Yeah. CHAIRMAN FRYER: -- if it's planning, it's at this dais. And when we come to new business today, we can see if we can adopt a recommendation or a resolution to do whatever it is that we in our wisdom think we want staff to take to the Board of County Commissioners as our recommendation. We don't need to wait for the AUIR. We can do this at any time. We can do it today. We can do it January 5th, any meeting, okay? Anything further on this? I'm going to call the question, seeing no one is signaling. All those in favor -- and, Vice Chair, why don't you restate it since it's been a while. COMMISSIONER SCHMITT: Oh. I made a recommendation of approval as proposed to include the enhanced buffer as was stated on the record, and the second would be the reduction of the affordable housing threshold from 120 to 100 percent of the 10 percent that's going to be set aside, 100 percent of the median income of the 10 percent that's being set aside, and that was my motion. COMMISSIONER VERNON: And I second it. CHAIRMAN FRYER: Thank you. And it's seconded, and we've had discussion on it, and no one is signaling, so we'll now vote. All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, applicant; thank you, members of the public; and thank you, staff. MR. ARNOLD: Thank you. CHAIRMAN FRYER: And it's 10:22. No sense in starting a new matter right now. We'll Page 24 of 62 Packet Pg. 95 December 1, 2022 take our midmorning break until 10:32. So we're in recess until 10:32. (A brief recess was had from 10:22 a.m. to 10:32 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: ***Ladies and gentlemen, let's returnto session, please, and take up our next matters, which are two companions, PL20210000045, the Basik Drive storage small-scale Growth Management Plan amendment, and PL20210000046, the Basik Drive storage CPUDZ, to rezone a parcel from C-4 and A to CPUD. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures from the Planning Commission, starting with Ms. Lockhart, please. MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: I did speak with one of the neighbors, Keith Basik, about this project. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials. CHAIRMAN FRYER: In my case, meetings with staff, communications with the applicant's agents, and materials that are of public record. COMMISSIONER SCHMITT: I spoke with Mr. Arnold and Mr. Yovanovich about this project, both petitions, both the Comp Plan amendment and the PUDA, or the PUD. COMMISSIONER KLUCIK: I had my staff meeting on Monday with the county staff. That's it. CHAIRMAN FRYER: Thank you. COMMISSIONER SPARRAZZA: I also spoke with Mr. Yovanovich and Arnold regarding -- Mr. Arnold, excuse me, regarding both of these petitions. CHAIRMAN FRYER: Thank you. The Chair recognizes Mr. Arnold. MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold, certified planner with Grady Minor & Associates. And with me today is Rich Yovanovich, our counsel for the project. Michael Herrera is a professional engineer from our office who is also assistant on the project, and Jim Banks is the traffic engineer for the project. They will be here to answer any questions that you might have. So we're here for two applications. We have a small-scale Growth Management Plan amendment to create a new subdistrict for this property. We're also then creating a PUD zoning on property that's currently zoned C-4, which is where the existing indoor self -storage facility is located on the western parcel on Basik Drive, and then the property to the east, which is the subject for the outdoor storage component is currently zoned agriculture, and it is in the Rural Fringe Mixed -Use District under your Comprehensive Plan, and we are bringing that into a subdistrict so we can modify it. Today it's been approved for a parking exemption to allow a parking lot that was associated with the former flea market operation that has been replaced by the indoor self -storage. You -all approved a conditional use for that a handful of years ago. So this is a little closer image. You can see on the left side of the screen Basik Drive. It's a divided median intersection. It has turn -lane improvements in it; we have the self -storage building, which is the prominent feature; and then we have what is, essentially, vehicle parking to the east. And you can see the parking spaces that have been created. There's an existing agricultural lake that is on site, and it will remain. So, again, there are two applications. And keep in mind the westernmost parcel is currently zoned C-4 and allows the indoor self -storage so, hence, our proposed PUD allows for all the C-4 uses that are allowed today and the addition of the indoor self -storage. So the conditional use would be abandoned, as would be the parking exemption that was in place for it. So, essentially, what we're asking to do for the eastern parcel is to permit RV boat/auto storage Page 25 of 62 Packet Pg. 96 December 1, 2022 in the new subdistrict, and that would permit it to have, you know, covered storage in part, some outdoor storage. Your code for storage -type facilities requires there to be buffering requirements, which we're proposing to comply with. The subdistrict language talks about there being a cap on the number of vehicles or -- whether it's a boat, RV, et cetera, there would be a maximum of 350 spaces on it. We're going to be providing a 20-foot-wide vegetative buffer with a wall along Trinity Place and U.S. 41, and then any of the roof to cover storage structures not exceeding a height of 20 feet. There was concern from staff that there might be some visibility issues of things being stored, but the reality is, you know, an RV vehicle has to go under underpasses, so the height of those is under 14 feet, and then if somebody's got a boat with a canopy on it, but these canopies that -- the covered areas are going to be just tall enough that you can, you know, easily access them and then still, I think you'll see with our buffer cross -sections that we've created, don't create an issue. So here's our conceptual zoning master plan. And to the east is the new subdistrict with the vehicle parking that's identified over in this area. And you can see that we're proposing an access point out to Trinity Place. That was previously approved with a condition that it had to be a gated entrance and for emergency only. Staff had recommended in this case to add a condition that limited it to the outdoor storage use. We saw Ms. Rodriguez' letter of objection to the project, and we spoke with our client, and we can agree that that would remain an emergency access only. So we would be pleased to modify the condition that staff recommended to limit that to emergency access only. CHAIRMAN FRYER: Okay. MR. ARNOLD: We are asking for one deviation. A portion of the building that exists out there today was constructed up to and near the property line. We can't meet the current buffer requirements that would be required for a PUD, so we've asked for a deviation in that one area so that we'll be supplementing plantings in areas where we can to make up the lack of plantings in the one area where the building exists. Staff is supporting that deviation. The proposed uses, as I mentioned, will be for all C-4 uses on Tract A, which is the existing self -storage building, and then we would be allowing -- on Tract B we have said outdoor storage yards provided that it's enclosed except for necessary ingress and egress with an opaque wall or fence seven feet high along all public rights -of -way and that the landscape buffer had to be installed on the exterior side of that wall. And then we've limited the storage to, we called it mobile and towable. It's a term that is used in ITE standards, and those are things such as automobiles, boats, RVs, trailers, and personal recreational vehicle items. So we've specified, too, at staffs request, that this couldn't be a junkyard, a wrecking yard, a salvage yard, or any processing or anything like that. This is solely meant for recreational and automobile vehicles to be stored here. We have development standards that we've proposed. This, essentially, allows for the existing indoor self -storage building to remain. Even though the C-4 district allows 75-feet-tall buildings, we've capped the buildings at 45 feet zoned height, 50 feet actual height. So there's a reduction on at least the C-4 portion that we consider Tract A in the project. Here's some cross -sections that staff had requested that we prepared, and you can sort of get an idea of the scale. These are 20-foot-high type vehicle covered storage areas, and we've prepared cross -sections from both Trinity Place and two views from U.S. 41. So you can see that with the pedestrians that would be there, we have a perimeter berm, we're going to install the wall, then we have to provide vegetation. The view of these buildings may be a small portion of the top of the canopy, but you're not going to see a view of what's really being stored inside the walled area. One of the things, I know, Mr. Sparrazza, when we spoke, there was concern about the western portion of the property. There's a C-5 parcel on the west side of Basik Drive. Our clients did look to purchase that property. They were unsuccessful. So what's being proposed in that site -- I looked up on the code; it's zoned C-5. They are going to be putting in a storage yard. They do have some similar requirements with regard to walls and buffering. The buffering, obviously, is Page 26 of 62 Packet Pg. 97 December 1, 2022 5.B.a not in place. The wall's been completed, but it's under progress right now. It's under construction. But that's -- according to the schedule of uses they proposed, it looks like it's going to be a storage yard and contractor type storage, which is not what we're proposing. CHAIRMAN FRYER: Mr. Arnold, I've got three commissioners signaling, so I think, if you don't mind, we'll interrupt and start with the Vice Chairman. MR. ARNOLD: Okay. COMMISSIONER SCHMITT: Wayne, just for my colleagues on the Board, can you clarify and I asked on our phone conversation as well, and the answer I got was what I anticipated. But this is the Rural Fringe Mixed -Use District. My question was, why can't we just come in for a PUD amendment? The answer was, because this is in the Rural Fringe Mixed -Use District, it prohibits commercial, so we have to create a special district; is that correct? MR. ARNOLD: That is correct, it is in the Rural Fringe Mixed -Use District, which does not really make provisions for stand-alone commercial. COMMISSIONER SCHMITT: That's what I thought. MR. ARNOLD: It is zoned ag, so we're entitled to all the agricultural uses that are permitted by right or conditional use. It was permitted under your parking exemption process that was a public hearing to allow it to be a parking lot in conjunction with the flea market. So that's how the parking lot became, you know, in being. But -- so right now it's used legally as a parking lot. We're asking to convert that not just for parking purposes but for longer -term RV and recreational vehicle storage. COMMISSIONER SCHMITT: Well, that was my -- the second question of that is, it is currently a parking lot. For all intents and purposes, this is going to be a long-term parking lot -- MR. ARNOLD: Correct. COMMISSIONER SCHMITT: -- which necessitated the zoning. MR. ARNOLD: That is correct. Both the Comp Plan change and the zoning change. COMMISSIONER SCHMITT: Because originally I thought maybe there was some kind of a code violation and you were being cited. But this is just nothing more than to come in and clean up both the language, the small Comp Plan amendment, get the PUD, the PUD -- then we can define perimeters and buffers and all the other type of things that we believe things are necessary. One you already stated was to remain -- leave the entrance on the Trinity Drive as emergency only. MR. ARNOLD: Correct. COMMISSIONER SCHMITT: Okay. So I just wanted to make sure my colleagues understand the Rural Fringe Mixed -Use District created the need to come in for both the Comp Plan amendment and now a PUD. MR. ARNOLD: And I think the site's very unique with regard to that overall land -use designation because -- COMMISSIONER SCHMITT: Yeah. MR. ARNOLD: -- it's not agriculturally utilized. I don't think using it for agriculture is its highest and best use. It has access -- COMMISSIONER SCHMITT: Correct. MR. ARNOLD: -- to the adjoining property that is an indoor self -storage. Now to add an outdoor storage component makes sense. Our clients do indoor and outdoor self -storage, so they have a history of this. They have a similar facility that's under construction in Bonita Springs, and they've identified through their market study that, you know, when you just look at the number of rooftops -- many of you live in communities where you're not allowed to store a recreational vehicle or a boat. I mean, there's just very, very few places that are this, and this would be a newer, modern facility. There are other storage yards out there, but that's what I call them, storage yards. They're not really set up functionally to be this. So you would buy your space here or lease your space long term. You come in through the self -storage access point. You check in. It will have a gated entry. You'll have an office there for, you know, assistance if you need it, and then you park your vehicle. And I'm not an RV user, but I'm guessing that these aren't utilized heavily on a daily or weekly basis. They're probably there maybe moving once a season -- Page 27 of 62 Packet Pg. 98 December 1, 2022 5.B.a COMMISSIONER SCHMITT: Yeah. Just to follow up, I'm well aware of the history of this project. I don't know if my colleagues are. But it was a pretty intense use at one time when it first opened. It basically failed as an operation, but it was a commercial facility, a market. It was a flea market and indoor market and other. And, of course, that parking next to it was used for patron parking. The facility went bankrupt. The Basiks no longer own it. It now is in other hands. But I guess the point there is that the parking lot was always a parking lot. Now you're just going to really improve on what existed out there. Is that my understanding? MR. ARNOLD: That's correct. COMMISSIONER SCHMITT: And, of course, as you just stated, in this part of the county, but in many areas of the county, you cannot store this type of equipment. And I would believe -- I would assume that your client has already done a needs analysis and pretty much determined that they're going to be able to -- he can provide this service and people are going to use it. MR. ARNOLD: They believe they'll be very successful here. COMMISSIONER SCHMITT: I just want to make sure from that standpoint that it is aesthetically pleasing and, if anything, it'd be an improvement over what's out there right now. MR. ARNOLD: Well, right now it is a mess. COMMISSIONER SCHMITT: It is a mess. MR. ARNOLD: I think we can all acknowledge that it's just been overtaken with exotics in the buffer. And our clients -- you know, we were in this process, and we had suggested that they might want to clean up the site but, in reality, to clean it up means taking a bulldozer and taking out almost all of the vegetation that's along the perimeters. So it made more sense to just sort of wait this process out, and they're prepared to start moving immediately to clean up the site, get the exotics out of there, put the landscape buffer in place, upon approval, obviously. COMMISSIONER SCHMITT: Okay, thanks. CHAIRMAN FRYER: Thank you. The other two commissioners must have had their questions answered because they're no longer signaling. So continue, please. MR. ARNOLD: I really don't have a lot more to say unless you have some specific questions. We think the project makes a lot of sense. It's a very unique situation that we have where we have the parking lot that's on this Rural Fringe Mixed -Use District property. There aren't a lot of other uses that I foresee going on that location. It makes sense now that our clients own both parcels they would proceed with something that compliments the storage that they already have. CHAIRMAN FRYER: Vice Chair. COMMISSIONER SCHMITT: And based on the letter of objection we received here recently, all those concerns have been addressed, I'm assuming, or we may hear, again, from -- MR. ARNOLD: Well, Ms. Rodriguez is here. COMMISSIONER SCHMITT: -- Ms. Rodriguez, yes. MR. ARNOLD: I don't know whether or not her concerns have been satisfied. But we acknowledge that we don't need that for full access and can limit it to an emergency access point. And then with regard to the other issues of vegetation, we're prepared to remove the exotics. Staff is going to tell you that we have to anyway. But there's so many exotics on that frontage. If you drove out there, you saw it. It's just a mess. COMMISSIONER SCHMITT: But the area is ag. Just north of this is ag. Even though it's identified in that letter as residential, it really is private homes on ag zoned property. And I think for my colleagues, again, you're fronting 41. And if this were to be developed in something other than what you're proposing -- I mean, it's most likely another site for a pretty dense apartment complex or some other type of complex that would go in. But then we get into transfer of development rights and all the other kind of things associated with the Rural Fringe Mixed -Use District. Okay, thanks. MR. ARNOLD: So I put up on the -- I had Mike put on the visualizer, this is from your staff Page 28 of 62 Packet Pg. 99 December 1, 2022 5.B.a report. It shows in green the subject site, and then you see the -- this is from the Comp Plan application. So in green is the area that's the parking lot today, and then you see to our north and east our agricultural zoned large lot parcels. There's an RV park that's to the northwest, the C-4 existing commercial to the west, and then another C-5 parcel fronting U.S. 41, and then there's industrial behind that. There's a cement plant and other things. So, I mean, to me, this -- and even some of the businesses on Trinity Place are home -based businesses. There are some trucking opportunities there and some constructions -related services, as I understand it. So it's not like these are small -lot homes. These are five -acre lots in many cases. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. You're going to access it through Trinity Place, right? MR. YOVANOVICH: No. MR. ARNOLD: No. The access will be from Basik Drive. So Basik Drive is to the west. So you would -- COMMISSIONER VERNON: Yep. I'm looking at it, yep. MR. ARNOLD: Let me go back to a -- so Basik Drive is here. The storage building is here. So you would come in, go behind the storage building, and then come into that, and then this will become a gated access that would be for emergency vehicles only. And we would modify that plan to say "emergency only" and add a condition if that's as staff recommended. The condition talked about being gated and only for the use of the outdoor storage component. But we'll modify that condition to limit it to the emergency access only. COMMISSIONER VERNON: And how many units? MR. ARNOLD: Three hundred and fifty maximum vehicle storage. COMMISSIONER VERNON: Wow. Was there -- what happened at the NIM, if anything? MR. ARNOLD: Nothing much. I think there was one person in attendance and -- CHAIRMAN FRYER: Two people there. MR. ARNOLD: Two. CHAIRMAN FRYER: Two. MR. ARNOLD: I don't think it was raised as an issue. I think the person I spoke with personally was happy to see something occur here. COMMISSIONER VERNON: To make it look better? MR. ARNOLD: Yes. COMMISSIONER VERNON: How high is the wall going to be? MR. ARNOLD: Seven feet. COMMISSIONER VERNON: And where is the wall going to be? MR. ARNOLD: The wall will be along the perimeter here. So all the right-of-way frontage for the outdoor storage component gets a wall and landscaping. COMMISSIONER VERNON: But even with your plan you'll be able to see the top of the covered parking? MR. ARNOLD: Right. But keep in mind under the agricultural zoning that's in place today, you can put a structure that's far taller than the 20 feet that we've committed to. So I could put up pole barns and other agriculture related things that are taller than the 20 feet we've committed to. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Just a confirmation. All of the outdoor storage will be covered? MR. ARNOLD: I don't know that 100 percent of it will be. There maybe some that remains uncovered. I think that it's probably a premium. And we also add the language to be not only covered but potentially enclosed because somebody may want to opt for truly a garage type situation rather than a covered awning that we've depicted here. But the storage -- I mean, if you're storing a multi -hundred -thousand -dollar recreational vehicle, you want storage. I know Mr. Banks related to me that one of their friends recently had an RV stolen in the area. You know, somebody probably related to storm damage decided they needed Page 29 of 62 Packet Pg. 100 December 1, 2022 5.B.a an RV, and it escaped one of the storage yards. COMMISSIONER SHEA: So based on your answer, it could be 0 percent covered, too? MR. ARNOLD: It could be, but I'm pretty sure that it's going to have a significant amount of covered parking. CHAIRMAN FRYER: Thank you. No one else is signaling. Do you have anything further, Mr. Arnold? MR. ARNOLD: No. CHAIRMAN FRYER: Okay. I've got a question or two. MR. ARNOLD: Okay. CHAIRMAN FRYER: And I'm reluctant to argue against the economic viability of an entrepreneur who's willing to put his money up, but I must say the economic analysis that was furnished really is at war in some respects with your proposal and the limitations and the conditions on your proposal. For instance, the consultant who prepared the economic analysis goes on and on and on about the importance of visibility and signage and being sure that every single car that drives by on any of those roads knows what's in there and, on the other hand, your undertakings at the NIM and also in some of the materials are to be really quite discrete about this. So can you help me reconcile the economic analysis with your plan? MR. ARNOLD: Yes, sir. Well, visibility means something other than seeing the product behind it, because we will have signage. There will be advertising. It's on a very high -volume road, U.S. 41. So that in itself is the visibility, in my opinion. The signage will indicate the indoor and outdoor storage components for the project. They don't need RVs to be seen to know that they can store their RVs in that location, and they don't need their structures to be seen, obviously, because that's not really the selling point, to see a structure and then to go and try to lease or buy your unit. So I don't think it's necessarily inconsistent. I think it's just a little bit different interpretation of the visibility reference. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah, now you've got me worried about the signage. Like, how much signage are you going to have, and where is it going to be? MR. ARNOLD: Well, we haven't asked for any sign deviation. So the signage would be permitted at the entrance, and I think both the signage -- COMMISSIONER VERNON: Basik Drive? MR. ARNOLD: Basik Drive, that's my understanding. We may qualify for a wall sign on the frontage on U.S. 41, but we haven't asked for any deviations, and I'm not -- you know, I'm not the guru of the sign -- COMMISSIONER SCHMITT: The sign already exists out there. MR. ARNOLD: There is signage today, yes, sir. COMMISSIONER SCHMITT: Not for this, but it was the previous operation. COMMISSIONER VERNON: In other words, are you going to take the existing sign and clean it up and use it? MR. ARNOLD: It's my understanding that the existing sign will be modified. COMMISSIONER SCHMITT: It was a monument sign. It was pretty -- probably fairly expensive to build in the first place. CHAIRMAN FRYER: Thank you. No one is signaling at this time, and so the applicant has completed its presentation, and we'll turn now to staff. MR. BOSI: Mike Bosi, Planning and Zoning director. Staff is recommending approval of both the GMP request as well as the PUD request. We do have a more detailed PowerPoint that Parker, our principal -- or our senior planner within our Comprehensive Planning section developed for the GMP. If the Planning Commission would like to hear that PowerPoint, we would provide or we could just simply say -- and we would support the additional restriction of the only emergency access on Trinity Drive. I really think it does localize the Page 30 of 62 Packet Pg. 101 December 1, 2022 5.B.a impact of that to the Basik Drive. And with the buffering being proposed, we think it would be a definite improvement for the folks that live along Trinity Drive. CHAIRMAN FRYER: How exactly is that enforced? Is it with a Knox Box how the emergency vehicles are able to get in but privately owned vehicles are not? MR. BOSI: I would have to coordinate with either the fire or the Sheriffs Department, but I would imagine that that is probably how it is done. CHAIRMAN FRYER: Okay. Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I think -- I think you addressed this -- but I want to just chat about it a little bit -- the concern that I think the County Commissioners had about too much self -storage being concentrated out that way rather than some diversity. MR. BOSI: There was an East Naples Development Study that was completed, and there was concern, and we actually just had the last of the public meetings last night for it. They were concerned along -- from Price Street, which is just east -- or not --just west of the 41/951 intersection all the way almost to this facility, and there was concern about auto -oriented type of businesses, and they really have suggested design modifications, not prohibitions, but design modifications towards self -storage facilities, car washes, and gas stations. And those are being proposed, and there's going to be an overlay that is being -- that's going to be proposed to the Board of County Commissioners. In the next year we'll evaluate whether they want to incorporate those additional design standards. It does not include this area. This area is east of it. But still, those concerns have been, I think, addressed by the applicants in terms of their robust buffering that they are proposing. But you're right, there has been concern expressed by community members related and along that East Trail of these auto -oriented type of outdoor storage facilities and car washes, as well as gas stations. But that's a provision that the Board will evaluate upcoming year. Staff had -- staff had had a conversation with the applicants, and based upon that, the enhanced buffering, we feel, satisfies those individual concerns. COMMISSIONER VERNON: So the concerns, primarily, are aesthetic as opposed to -- MR. BOSI: Most certainly. COMMISSIONER VERNON: -- different types of businesses or different types of uses. It's more looks? MR. BOSI: Yes, yes. COMMISSIONER VERNON: And you don't have any concerns about the look? MR. BOSI: We think the applicant has taken the measures for compatibility in the buffering to be able to mitigate those concerns and provide for a design that within one year that the opacity should be sufficient to provide for, you know, an aesthetically pleasing overall environment for the -- COMMISSIONER VERNON: Well, the opacity would be above seven feet, because they're putting a 7-foot wall up, right? MR. BOSI: Yes. COMMISSIONER VERNON: Right? MR. BOSI: They'll have -- yeah, a 7-foot wall -- COMMISSIONER VERNON: So you're talking about the opacity for above the -- MR. BOSI: With the trees to soften, you know -- COMMISSIONER VERNON: Got it. MR. BOSI: -- along with it to soften it, so -- and if there is an opportunity to see an enclosed -- the roof structure, I mean, we do -- it is -- it is human development. There -- I mean, the expectation that you're going to see no activity or you're going to see no structures, I'm not sure if that's realistic within an urbanized area or an urbanizing area, but we think the buffering that's being provided is adequate to address those aesthetic concerns. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. Page 31 of 62 Packet Pg. 102 December 1, 2022 5.B.a Regarding the traffic impact, I'm assuming, if you -- I don't recall you being specific about it, but I'm almost, you know, guessing it must be negligible because the people park, and then it just sits there for a while and -- MR. BOSI: One of the most ironic things that I find about a lot of the objections to storage facilities, especially from adjoining neighborhoods, it's the aesthetics that that are often objecting to and also displacing neighborhood goods and services in closer proximity to where the residential units are. They'd rather have restaurants than storage facilities. But from an overall impact standpoint, there is no more benign neighbor than a storage facility. COMMISSIONER KLUCIK: Great. I mean, that was my point is, like, you know, we can't have everything. In this case we have a really tiny, you know, traffic impact. And so to the extent that's a good thing, it's present here. Obviously that's not the only factor, but thank you. CHAIRMAN FRYER: Thank you. No one else is signaling at this time. Anything further from staff? MR. BOSI: Nothing from staff unless you wanted to have a more detailed presentation on the GMP. But I think we've -- as we discussed it and I think as Commissioner Schmitt mentioned, because the -- because of the Rural Fringe Mixed -Use District, that is what triggered the need for a Growth Management Plan amendment. But with the consistency of an already existing facility providing these type of uses, I think -- I'm not sure if you wanted us to go into the specifics of that again. CHAIRMAN FRYER: My sense of things is is that we can defer that, possibly ask for it after we hear from the public but not at this time. Thank you. All right. Who do we have from the public, Mr. Youngblood? MR. YOUNGBLOOD: Mr. Chairman, we have two registered speakers in the room with us. Wanda Rodriguez is going to be our first speaker, followed by Alexia Stirp. CHAIRMAN FRYER: Thank you. Now we can put a face to a name with Ms. Rodriguez. MS. RODRIGUEZ: Good morning, Commissioners. My name is Wanda Rodriguez. I am a resident on Trinity Place. I did send a letter of objection a few days ago to each of you by email. I hope that you've had a chance to review it. With your indulgence and permission, I'd like to provide a copy to the court reporter today so that the objections are entered into the record. CHAIRMAN FRYER: Certainly. Go right ahead. MS. RODRIGUEZ: I'll do so after speaking. CHAIRMAN FRYER: Okay. MS. RODRIGUEZ: I'm assuming you've had a chance to review the letter. I won't repeat everything that is there. I will say I appreciate the applicant's offer to modify their request if it's approved to keep commercial traffic off of Trinity Place. I think that that is most appropriate. I do have some underlying concerns, though. COMMISSIONER KLUCIK: Ma'am? MS. RODRIGUEZ: Yes. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: Could you just explain --you're a neighbor, right? MS. RODRIGUEZ: Yes. COMMISSIONER KLUCIK: Could you just point out where your property is. MS. RODRIGUEZ: That's me. COMMISSIONER KLUCIK: That's you, okay. Thank you. MS. RODRIGUEZ: So my main concern today is what they're calling Tract B in this project. Tract B is -- as has been brought out, is under a parking exemption from the original flea market. And at the time, of course, there was a lot of traffic expected, a lot of cars were going to be coming in, and this was intended as overflow parking and a transition from this commercial enterprise to our neighborhood. Page 32 of 62 Packet Pg. 103 December 1, 2022 5.B.a So you have grass parking that was intended as overflow, because the main parking for this facility was to the west of this lot over here. So that's been some years ago, and now times have changed, and they are still at this point wanting to operate a storage facility, which they're currently allowed to do in this building. And I have no problem with that. I do have a problem with the increases that they're asking for. I believe that they're currently allowed to have 400 units of indoor storage in this building. They're asking for an increase to a thousand. They're asking for up to 50 -- in addition, they're asking for up to 50,000 feet of commercial office space. For context, that's about the size of an average large Publix supermarket. And if you put -- if you remove the -- if you have the GMP amendment and remove this from the Rural Lands Overlay and you make this a PUD and you say, on this PUD we're going to allow 50,000 square feet of commercial and we're going to have all of these units -- I mean, I've seen it many times over the years a PUD come back through and say, oh, well, we want to move it from that use from this parcel here to this one over here, and because it's already there, it kind of sails right through the process, and it would -- we would be lining something up here for development on this entrance parcel to our neighborhood that could lead to much more intense commercial development here. It's been brought out that this is a part of the Rural Lands Overlay. Rural Lands Overlay is intended to be a transition between the urban uses and the rural neighborhoods. This Trinity, this is the rural neighborhood, the rural agriculture neighborhood that the Rural Lands Overlay is intended to protect. I'm not saying there can't be uses on this property. I don't think that outdoor storage is the right unit -- use for this. I want to draw your attention to where the current building is on Tract A, immediately north where there's a large lake and what looks like a large amount of vehicles here. This is a tract that's being used for outdoor storage. It looks like a mess from the air. It looks like a mess from the ground. The neighbors who live along that side of the street, when they walk into their backyard, this is when they see. And when you talk about putting more outdoor storage in our neighborhood, this is what comes to mind. This other tract across the Basik Drive is also now being used for outdoor storage. When I drove in today, there were half a dozen semi -trucks parked on this lot visible from the road. There's some sort of fencing, but it's a mesh transparent something. You know, they can come in with certain statements saying that this is what their intended use of a property is but, in reality, this is what ends up happening. Perhaps this is okay next to a concrete plant, like what they have on their other side, but when you put it right at the entrance to our neighborhood, I don't think that's appropriate. I'm not saying there can't be some use there. I don't think that outdoor storage is the right thing. I also want to mention, as has been brought up here before, the East Trail Overlay that's currently under consideration. I looked at it on the county website yesterday. They did have a meeting last night. I was not able to attend, but the version of the plan that was on the website as of yesterday covered U.S. 41 all the way from Bayshore down to Port of the Islands with a small exception along east 41 that this is a part of that approximately corresponds to the Rural Lands Overlay. Obviously, because that type of use is not allowed in the Rural Lands Overlay, they're not putting it into the East Naples plan. COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Thank you. Pardon the interruption. So I just want to make sure I understand. So you pointed out where your home is, or where your property is. Is your concern about what's going to be immediately facing you, you know, if this sort of oozes, you know? And I think you're -- you know, you mention -- I'll use the word "ooze," that this type of use then becomes normalized and then it's considered compatible, because right next door this is what we have, so then it moves down closer to you and closer to you. And then Page 33 of 62 Packet Pg. 104 December 1, 2022 5.B.a eventually across the street you might have this kind of use. MS. RODRIGUEZ: Well, it would be at the entrance to our neighborhood on what's called Tract B in this -- COMMISSIONER KLUCIK: Right, but are you concerned that it's also going to ooze northward along, you know, so that eventually it's -- MS. RODRIGUEZ: Well, sir, I mean, it's the way of it, right, as these projects and zoning move parcel by parcel. COMMISSIONER KLUCIK: Right. So that is one of your concerns? MS. RODRIGUEZ: It's a protection of our neighborhood and our street that I'm concerned about. COMMISSIONER KLUCIK: I guess, like, right now -- and maybe staff could help me -- what could be -- you know, that's agriculture. What is that that's across -- I know immediately above this parcel is agriculture. But above -- north of that, immediately opposite our witness' parcel, what is that -- the current -- COMMISSIONER VERNON: Are you talking about --sorry to interrupt you, but just so I can follow what you're doing, you're talking about across the street from her on Trinity Place? COMMISSIONER KLUCIK: Yeah, across the street from Trinity. COMMISSIONER VERNON: Are those residential or agriculture? COMMISSIONER KLUCIK: Yeah. Is that residential lot or ag? MR. BOSI: The entire neighborhood is zoned agricultural. COMMISSIONER KLUCIK: Okay. So am I right that someone could have a barn there and animals, or no? MS. RODRIGUEZ: They do. COMMISSIONER KLUCIK: Right. So -- MS. RODRIGUEZ: They do. They have -- COMMISSIONER KLUCIK: I guess, then -- you know, so then, you know, my thought is a barn versus, you know, a fenced off area with commercial vehicles. I think it's going to be very different. And maybe I'm wrong here, but I think what -- their application itself would prevent the -- you know, the messy storage area that -- you know, that currently exists. I'll say -- use the word "messy," you know, undesirable, the thing that seems sloppy. I don't think that they would be allowed to have that, and I guess I'll ask staff; is that correct based on this proposal? She mentioned, you know, the concern right next to the lake there's storage areas. MR. BOSI: I mean, outdoor storage is not really -- is not a use that's endorsed by the ag. But if you look just immediate north of this parking lot where the arrow is, it does seem like the use of that agricultural property is not the most pristine. COMMISSIONER KLUCIK: Right. And I guess that's kind of what I'm getting at. I'm trying to balance, you know, the concerns that any property owner would have which, of course, you know, you're bringing to light with what could be done now, what the current uses are, and what -- the likelihood of this being worse. You know, this -- approving this would then make things worse down the line for you. I understand, you know, having it right there, you're objecting to it being -- that use being at the entrance of your neighborhood. I understand that's also one of your concerns. But I'm just trying to figure out that, you know, you realize that the uses right now could be considered undesirable by a lot of people. MS. RODRIGUEZ: Of course. COMMISSIONER KLUCIK: And, certainly, this use seems to be a use that cleans up some concerns. MS. RODRIGUEZ: I understand the underlying zoning is agriculture. On our street we have farm trucking concerns, and we have wholesale nursery operators, and we have landscapers who dump their mulch on the back of their property. You know, someone -- a neighbor could decide to run a pig farm, and that would be allowed. And, you know, they could do it on this property. It's agricultural, and we couldn't say anything about that. Page 34 of 62 Packet Pg. 105 December 1, 2022 5.B.a I understand there are certain uses that are allowed under agricultural zoning. But if you take away the agricultural zoning and you take away the Rural Lands Overlay and you put this in a commercial PUD, then it opens up to all the commercial uses. Although there may be some undesirable agricultural uses, I think there's a lot more commercial uses that are incompatible with the neighborhood, and I'm really not interested in, you know, defending a lot of hypotheticals, but I do want to talk about what they're asking for and what it looks like in our neighbor, that type of storage. COMMISSIONER KLUCIK: Maybe it would be useful for all of us -- you know, maybe only just for me, I don't know. Sometimes that's how things are. But what are the uses that are being proposed, the ones, you know -- and I understand what they're going to plan to do with it is different than all of the uses that would be included in the application, and which of those do you find objectionable? MS. RODRIGUEZ: I'm not really sure I understand your question, but -- COMMISSIONER KLUCIK: So this is going to change if we were to approve this, and then certain uses would be allowed if we approve the application. MS. RODRIGUEZ: Right. COMMISSIONER KLUCIK: Which of those new uses would you find objectionable? MS. RODRIGUEZ: Well, I don't have the full list of commercial uses in front of me. Not every commercial use would be objectionable tome and to the neighbors that I've spoken to. You know, when they brought the flea market in, plenty of us used it, utilized it, patronized those businesses. You know, something that would be well thought out and presented and useful to the neighborhood would be less objectionable than something that's just going to end up looking like that. COMMISSIONER KLUCIK: I guess I would ask my fellow commissioners, would that be helpful to find out which of the uses actually the witness finds objectionable, or is that just too much detail? COMMISSIONER SCHMITT: I think she told us. MS. RODRIGUEZ: I mean, truthfully, it has to do with changing that underlying zoning and taking this parcel out of agriculture and out of the Rural Lands Overlay and putting it in something to where, if they do decide to take their 50,000 feet of commercial and put it on that parcel and build whatever they're going to build, as a neighborhood we have no input. There's no public process once it's in there, you know. And we'll hear, well, it's compatible with this commercial PUD. Well, you know, these are the initial steps to set it up so that they can use this property for those types of developments down the road. I understand that there's plenty of development going on in this area, and that's fine, but to bring it this way, eastward, where it's adjacent to single-family homes, I don't think that's appropriate. One more thing I wanted to bring up. If you are considering approving this item today, I didn't see lighting addressed. Maybe I missed it. But I would be interested in making sure that lighting on that piece of property is compatible with the neighborhood. I think there are Skies guidelines, and making sure that any nighttime lighting does not impact surrounding neighbors. We do have that issue over here on the golf course. We can see those lights from the golf course at night. It looks like a stadium. So we'd like to avoid additional lighting issues on the other side. CHAIRMAN FRYER: There are three commissioners who would like to speak. Do any of them want to ask questions of this witness? COMMISSIONER SCHMITT: Yes, I have questions. COMMISSIONER VERNON: I do, too. CHAIRMAN FRYER: Okay. Well, starting with Vice Chair. COMMISSIONER SCHMITT: Ms. Rodriguez, if I understand correctly, your immediate objection is you believe that this may evolve into what we're seeing just north? MS. RODRIGUEZ: That's one of the things, yes. COMMISSIONER SCHMITT: And to the west? MS. RODRIGUEZ: Yes. COMMISSIONER SCHMITT: But we can control that. I would have to ask staff. And Page 35 of 62 Packet Pg. 106 December 1, 2022 5.B.a that -- that area to the north is TTRV, travel trailer recreational vehicle. It is not a storage area. If it's being used as a storage area, then it's a code violation. I don't understand why nothing has been done about it in the past, and I don't understand -- but you're trying to hold this petitioner responsible for what you see north of it when, in fact, it has nothing to do with this petition. And that's a general statement. But I would have to ask staff. That is deplorable. And it is TTRV. It is not -- as far as I know, it's not authorized for storage. Likewise, the property to the west is C9, if I remember. Yes, it's -- or, correction, it's C-5. I said C-9. It is C-5. It's already zoned commercial, but it's being used as a parking lot. Again, I don't know if it's allowed use for long-term parking. If it is, and that's what it's being used for, again, that's a code violation that someone on staff should be taking care of this and making sure that these violations are either abated or adjudicated before the Code Enforcement Board. But I understand also, Mike, if I'm not wrong, I think they're coming in with some kind of a petition for these properties just to the north? MR. BOSI: Correct. COMMISSIONER SCHMITT: Which we'll be seeing, so we can deal with that when we deal with -- I think that property is still owned by the Basiks, at least one of those properties. So just to rephrase, your objection is what you think they're asking for will evolve into what we're seeing. But we can deal with that, and that can be controlled through stipulations, through Code Enforcement or other types of things. The PUD allows us to put certain parameters to prohibit that type of activity taking place, and we can do that through our stipulations. The second question is: Somehow you conflated what they're asking for in the commercial is going to evolve into some massive commercial development. I would have to ask the petitioner. I would have to assume this building is greater than 50,000 square feet, the existing building. Yeah, if you would. I'm sorry if I'm going to -- MR. YOVANOVICH: I can go either way. COMMISSIONER VERNON: Why don't you go the other way, and that way we can talk to her more. COMMISSIONER SCHMITT: Yeah, because I want to hear. This PUD is only authorizing what is existing on site now. Is there -- are there any plans to increase the commercial square footage? MR. YOVANOVICH: Let me -- COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: -- tell you exactly what's being asked for. COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: The subdistrict -- it was on there as yellow -- is the outdoor storage area. GMP subdistrict. It only allows one use. Outdoor storage. COMMISSIONER SCHMITT: Correct. MR. YOVANOVICH: So Tract B under the Growth Management Plan and under the PUD can only be outdoor storage. COMMISSIONER SCHMITT: Correct. MR. YOVANOVICH: We cannot take any of the commercial that's already allowed on Tract A and the self -storage that's already permitted at C-4. We can't take any of that and move it to Tract B without amending the Growth Management Plan and without amending the PUD. COMMISSIONER SCHMITT: Correct. MR. YOVANOVICH: So there's no opportunity for it to creep from A to B. COMMISSIONER SCHMITT: Thank you for clarifying, because that was my point. We cannot -- I cannot -- well, there's nothing that would allow you to do that. MR. YOVANOVICH: I cannot -- COMMISSIONER SCHMITT: This clearly eliminates any type of ability for you to migrate Page 36 of 62 Packet Pg. 107 December 1, 2022 5.B.a this commercial over into this tract? MR. YOVANOVICH: It is absolutely prohibited under both the zoning and the Growth Management Plan. CHAIRMAN FRYER: It would take another Growth Management Plan amendment. MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Mr. Chairman? (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Can I just ask a question in follow-up? COMMISSIONER SCHMITT: Go ahead. COMMISSIONER KLUCIK: So is what -- the point you're making, Commissioner, that the -- you couldn't -- this 50,000 would have to be on the parcel to the left? COMMISSIONER SCHMITT: It's on C-4 right now, the C-4 parcels. MR. YOVANOVICH: Essentially, we would have to either put it within the building that exists or knock down a portion of the building. COMMISSIONER KLUCIK: Right, right, because you couldn't do it on this part where the parcel -- the parcel where the current parking lot is, you can't use that for the commercial? MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: That's what you were talking about, A and B? MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Okay. Thank you. Sorry. COMMISSIONER SCHMITT: And, again, I just want to highlight because if, in fact --in the future if they decide, okay, now they want a self -storage -- and I'm going to point to staff, Mike and Ray -- self -storage, we have very strict architectural requirements for any type of self -storage building. As I recall, we went through pretty significant criteria in the LDC that stipulates it can't be just nothing but four block walls. It's very specific; is that correct? MR. BOSI: Correct. We have -- architectural standards apply. COMMISSIONER SCHMITT: So even sometime in the future if they wanted to raze this building and put something else up, which is self -storage, that's what it allows, it would be strictly controlled? MR. BOSI: Correct. The LDC would demand it. MR. YOVANOVICH: On Tract A. I just want to make sure. COMMISSIONER SCHMITT: On Tract A. So I bring those up not to refute what you're saying. I just want you to understand we have pretty tight controls on this, and I don't know if that alleviates your concern. I know you'd rather -- the other piece that I'm really concerned that you understand, if this were to become something other than self -storage -- I don't know. Let's say a Publix wanted to go in there or some other type of -- that's -- that's increasing a pretty intense use. MS. RODRIGUEZ: Of course. COMMISSIONER SCHMITT: And it's going to be -- it's going to increase significantly the traffic. And in my understanding, the golf course to the east, there is eventual plans for that. That probably will disappear here sometime in the future. But as I understand, there's people already eyeing that property for residential development, but -- So I'm trying to understand your concern because what they're asking to put in here is fairly low intense, at low intensity, and is going to be what I believe is somewhat of an improvement over what there is now. But you're asking for us to not approve this and to allow it to remain ag and come in for some other petitioner to use it for some other purpose later on under the Rural Fringe Mixed -Use District criteria. MS. RODRIGUEZ: Well, I mean, they can currently use their property as self -storage. They can use that -- COMMISSIONER SCHMITT: Yeah. MS. RODRIGUEZ: -- parcel for parking. That's allowed. If there is another usage desire Page 37 of 62 Packet Pg. 108 December 1, 2022 5.B.a down the road, of course we would be back here again talking about what they wanted to do at that time. You know, that's always the question. And I understand there's a lot of development happening along that corridor, as there is in most parts of the county. COMMISSIONER SCHMITT: Well, I'm going to --while you're --just three issues. You said this -- it allows -- it would allow incompatible and unsightly heavy commercial uses at the entrance of our street. It really does not. MS. RODRIGUEZ: Well, is it not true that a commercial PUD is pretty much equivalent to what's allowed in C-5 zoning? COMMISSIONER SCHMITT: But they're not allowed to -- this is only allowing parking. There's no other commercial use being allowed. So your first premise, though you believe it's commercial, it's not going to allow for any commercial development other than for long-term parking. It's deemed commercial because it's long-term parking. It's not a parking exemption. It's not any other type of activity. So, I mean, that's your first premise. The -- and this other one you would -- it would increase traffic on Trinity Place. It -- traffic is de minimus on a storage area. And, I mean, Jim Banks is here and others. The traffic is -- clearly, it's de minimus. I mean, Jim could probably tell you 12 trips a day, if that, or more. Maybe not -- to a storage area. It's pretty small. And then you said the approval of this petition could eliminate public input to future changes on the property. Again, that is really not factual. Any future changes would require both a Comp Plan amendment and a PUD amendment. And it would be open to the -- subject to the public to review. So I just -- I read this last night, and I looked at it, and I'm going, thank you for your input. And I appreciate your concern, but it's -- it's not factually accurate. I just wanted to point that out. MS. RODRIGUEZ: I appreciate, you know, the thoughtful concern and the explanations. Maybe you can clarify or someone can for me, is it not true that there is such a process as a comparable -use determination that's used on PUDs? CHAIRMAN FRYER: Mr. Yovanovich, go ahead. MR. YOVANOVICH: The answer to your question is the Tract A is C-4 with indoor self -storage, which is already approved on that site. So that's all we're asking for is to keep on Tract A. Tract B, we would not be able to do anything but outdoor self -storage because of the Comp Plan. I'd have to amend the Comp Plan. There's not a comparable -use determination under the Comp Plan. There is a process for a comparable -use determination under a PUD, but I could be corrected. I've never been able to do a comparable -use determination for a GMP amendment. So the answer is, no, it doesn't -- it will not apply to Tract B, which I think is the tract that's in question. I am married to outdoor storage. Anything else would require coming to the Planning Commission for a Growth Management Plan amendment and a PUD amendment and, ultimately, to the Board of County Commissioners for approval if we wanted to change it from the outdoor self -storage. CHAIRMAN FRYER: Commissioner Vernon. MS. ASHTON-CICKO: May I ask a quick question? CHAIRMAN FRYER: Yes. MS. ASHTON-CICKO: Would you be willing to move the comparable -use language, then, under Tract A only? MR. YOVANOVICH: Oh, of course, of course. If that was confusing -- no, no. (Simultaneous crosstalk.) COMMISSIONER SCHMITT: Excellent proposal. MS. ASHTON-CICKO: It does allow for both. MR. YOVANOVICH: And that was -- I didn't -- you're right. Good correction. MS. ASHTON-CICKO: Okay. COMMISSIONER VERNON: I'm good. Joe's covered everything I wanted to cover. CHAIRMAN FRYER: Okay. Commissioner Shea. Page 38 of 62 Packet Pg. 109 December 1, 2022 5.B.a COMMISSIONER SHEA: Yeah, I just --I wanted to understand a little better for my education. What am I looking at --everybody's looking at around that pond? Is that just a bunch of random parked vehicles or -- MS. RODRIGUEZ: It's RVs, boats on trailers, random vehicles. They are not in marked lots. They are just jammed into a vacant property. COMMISSIONER SHEA: It almost looks like a junkyard. MS. RODRIGUEZ: Yes, it does. MR. YOVANOVICH: You're talking about the one to the north? COMMISSIONER SHEA: Yes. MR. YOVANOVICH: Yeah. COMMISSIONER SCHMITT: That TTRV means travel trailer recreational vehicle. That means it was zoned for a campground. It is not a storage area. If it's a storage area, it's a zoning -- it's a violation. MR. BELLOWS: Code violation. COMMISSIONER SCHMITT: And it's a code violation, and it should be dealt with. And I turn to staff. I think this needs to be turned into Code Enforcement because, obviously, this is not being used as a TTRV right now. MR. BOSI: Commissioner Schmitt, if you'd like to initiate a Code Enforcement Board action. COMMISSIONER SCHMITT: I will initiate from the bench a code violation. I would recommend that -- on the record that a code violation and Code Enforcement be notified, Mr. Ossorio and his team go out and evaluate whether this is in violation of the current zoning. MR. BOSI: Noted. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I'm sorry. That was it. That's what I was hoping to get is something that Joe did. CHAIRMAN FRYER: Okay. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. And I would just like to say I'd like the answer at this -- you know, at a future meeting. I'd like to hear the response and have a follow-up at our meeting so that we know what the result is. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Did you hear that, Mr. Bosi? We'd like to have the answer presented at this meeting, at one of our meetings. MR. BOSI: The answer to what? CHAIRMAN FRYER: An update on the request for Code Enforcement. MR. BOSI: Okay. Like, a status update of the Code Enforcement? COMMISSIONER SCHMITT: Just to provide us feedback that Mike had gone out and evaluated and it's being processed. And, Wanda, you could have done this anytime. You could always process a code violation. And I know you work on staff and you don't want to be perceived as an insider. MS. RODRIGUEZ: That, and I'm just not the type of person to call Code Enforcement on my neighbors even when they deserve it, but -- COMMISSIONER SCHMITT: Well, this is not your neighbor. This guy is in business, and he's, obviously, violating the code. MS. RODRIGUEZ: That's just me, you know. But if -- you know, we're here today and we're talking about the neighborhood and issues, so I just kind of pointed it out. You know, when you're talking about outdoor storage, this is what comes to mind. COMMISSIONER SCHMITT: Yeah. MS. RODRIGUEZ: The other thing, before I leave, could someone enlighten me regarding lighting standards on this parcel and lighting impacts to the neighbors? Page 39 of 62 Packet Pg. 110 December 1, 2022 5.B.a CHAIRMAN FRYER: We'll ask Mr. Yovanovich to do so. COMMISSIONER SCHMITT: I believe it was already part of the original PUD -- MS. RODRIGUEZ: I may have missed it. COMMISSIONER SCHMITT: -- or the original submittal for the -- but, Mr. Yovanovich, you can address that. I would recommend as a stipulation that any lighting be in compliance with the county ordinance in regards to bleeding of light and that type of thing. Wayne? MR. ARNOLD: Wayne Arnold, for the record. So there are no lighting standards, per se, that are there, but we can certainly agree to cutoff fixtures, Dark Sky compliant. Whatever you deem appropriate, we'll make that happen. MS. RODRIGUEZ: Yeah. I would just like to make sure that it's specified in there along with the other things we've talked about today because, you know, the experience being that if it's not in there in writing it gets forgotten. CHAIRMAN FRYER: Okay. MR. ARNOLD: And just to be clear, that would be for the outdoor storage component only? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHMITT: I think there's already strict lighting standards on the existing building to begin with. CHAIRMAN FRYER: Thank you, Ms. Rodriguez. MS. RODRIGUEZ: Thank you. COMMISSIONER SCHMITT: Thank you for your input, by the way. Well thought out. Thank you. MS. RODRIGUEZ: Thank you. CHAIRMAN FRYER: Mr. Youngblood. MR. YOUNGBLOOD: Mr. Chairman, we have a change in our next speaker. Alexia Stirp will not be speaking, rather Zach Rodinsky, and he will be our final speaker on the matter. CHAIRMAN FRYER: Thank you. I'm going to ask you to spell your last name for me, sir. MR. RODINSKY: R-o-d-i-n-s-k-y. CHAIRMAN FRYER: Thank you. MR. RODINSKY: I want to second Ms. Rodriguez. She is correct on mostly everything she said, absolutely 100 percent. I just wanted to bring up that front parking area is now actually -- there's RVs parked there and people staying there right now. The blocked -off part that's on our street, there's blocks that block off that entrance from being used right now because it's not supposed to be used at all. The blocks had been moved, and there's people coming, going, and people staying there. I get it, Hurricane Ian just happened. You know, people are displaced, need a place to stay. They've been there before the hurricane, okay, number one. The second is -- where are we at here? And then you have the storage. So is this a storage facility or a mechanic shop? Because you have boats, you have cars, you have trucks, you have RVs, and you have people working on them all hours of the day, especially later on in the evening when nobody's there. You have people working, turning on boat motors, revving them up, fixing them all hours of the day and night, and I just wanted to make sure that was known as well. And I'll be back up on the second part of the motion you got. CHAIRMAN FRYER: Okay. All right. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I guess I'd like to ask staff, would that be a -- if there's people, you know, in RVs camping there, is that a code violation? MR. BOSI: I don't believe that would be a permitted use on the property. Page 40 of 62 Packet Pg. 111 December 1, 2022 5.B.a COMMISSIONER KLUCIK: It is, or it's not? MR. BOSI: Not. COMMISSIONER KLUCIK: Because it's ag or no? MR. BOSI: Because it's agricultural, and there's no principal structure. I mean -- MR. RODINSKY: That is a parking lot, but there are RVs -- COMMISSIONER KLUCIK: I guess my question is, if you have an ag -- if you own an agriculturally zoned lot, can't you put your own motor home there and sleep there in your own RV? MR. BOSI: No. COMMISSIONER KLUCIK: All right. So I guess my concern is, if that's, in fact, the -- you know, our witness is under oath, and he's now testified that that's happening, it's a little frustrating to see an applicant come before us when they are a code violator, if that's the case. And I guess I'd like the applicant to speak to that. MR. RODINSKY: If it's a storage facility, why are they parking the RVs in the front in that front parking space? You understand what I'm saying? They should be in the RV storage. Why would they be up front in that parking lot if they weren't living there? And there's multiple -- CHAIRMAN FRYER: We'll hear from the applicant now. Mr. Yovanovich. COMMISSIONER KLUCIK: Yeah. And so my question really is if, in fact, there are people using it as -- you know, as a campground, so to speak, you know, is that something that you're not aware of? MR. YOVANOVICH: I'm sorry. COMMISSIONER KLUCIK: Yeah. And then address it. If there is an awareness of it, why you're coming before us if there's a violation? MR. YOVANOVICH: There's clearly not an awareness of that. If there were an awareness, you know I wouldn't come up here. We will get that fixed. We're not aware of -- and people who may be there squatting, if you will. But we will take care of that with our client immediately after this call, because this is the first I've ever heard of this. But in answering his question about, if I may -- CHAIRMAN FRYER: Please. MR. YOVANOVICH: -- whether we could maintain any vehicles there, ref up engines, we will be absolutely prohibited from doing any of that stuff. It's purely storage. There will be no maintenance of anything on that site. MR. RODINSKY: And it's not like I drove by and I saw an RV there. There's chairs out there. There's cords. MR. YOVANOVICH: I'm not disagreeing with you. I just didn't know -- (Simultaneous crosstalk.) MR. RODINSKY: I'm just telling you for the record that it's not just like I drove by onetime and I saw an RV and I'm saying this. CHAIRMAN FRYER: All right. Thank you very much. You're excused, sir. MR. RODINSKY: Thank you. CHAIRMAN FRYER: Okay. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I just wanted to pick up -- the speaker actually said it, and Commissioner Schmitt said it. I definitely -- you know, yeah, if there's folks sleeping there, in RVs and they're not supposed to be, you need to get it cleaned up. But I do want to show some grace on Hurricane Ian. There's a lot of stuff going on, and a lot of people are still hurting resulting of Hurricane Ian. So let's -- you know, let's figure out a way to do it so that we're not creating more problems for people who already have major problems in their life, and a little more grace than we might normally show in terms of that. Not that I'm condoning it; it needs to be cleaned up. But, you know, we don't need to throw them out in the middle of the night. COMMISSIONER SCHMITT: That's a good point, because there were people living in the -- I think the Walmart parking lot as well temporarily. But I agree. There were some areas down Page 41 of 62 Packet Pg. 112 December 1, 2022 5.B.a there, especially along Henderson Creek and some of that area back there, people were pretty significantly impacted. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Just to follow up on one of the speaker's comments. Is there enough in the regulations that we have now, or do we need to put something in there that says you won't be revving up engines and testing your motor out at midnight, or do the current codes protect them from that? CHAIRMAN FRYER: It would probably be a nuisance, I would think. COMMISSIONER SCHMITT: I mean, it's not -- it's not a maintenance facility. I think we can stipulate to that. COMMISSIONER SHEA: My point is it probably wouldn't hurt for us to add that. MR. YOVANOVICH: That's fine. MR. ARNOLD: Mr. Shea, if I might, if it's okay with the Chairman, I'd just point out that on Tract B we have accessory uses. The only activities we allowed were covered structures, a vehicle wash station, because as people either get them they needed to that -- I wouldn't call it even maintenance but, you know, spray the vehicle down. And then we've even prohibited outdoor display of any kind of merchandise on that section so that you couldn't have commercial creep of any kind onto that tract. So we've no provisions for maintenance activities on this parcel whatsoever. MR. YOVANOVICH: So if you'd like us to add a prohibition on maintenance, we're happy to add that. I think it would be a violation anyway, but if we want to make it doubly clear, we can. CHAIRMAN FRYER: Let's do that. COMMISSIONER SHEA: Yes, I would. MR. YOVANOVICH: That's fine. MR. ARNOLD: If it's appropriate -- COMMISSIONER VERNON: Are you going to have water --sorry, I jumped in. Mr. Chairman? CHAIRMAN FRYER: Go ahead, sir. COMMISSIONER VERNON: Are you going to have water on the grounds so people can wash their engines after -- because that's probably a lot of it. I'm not talking about -- I'm talking about flushing the engine. COMMISSIONER KLUCIK: Oh, for a boat? COMMISSIONER VERNON: Yeah, because they get done fishing and it's dark, it's 9:00 at night and they're hearing that, and they're probably flushing their engine for 20 minutes, and it sounds -- there's a boat running; that's probably the problem. (Simultaneous crosstalk.) COMMISSIONER SHEA: Where's that water going? COMMISSIONER VERNON: I don't know that they have water. I'm just saying that might be it. MR. YOVANOVICH: Let the engineer -- COMMISSIONER SCHMITT: That water has to be dealt with. COMMISSIONER SHEA: Yeah, exactly. MR. ARNOLD: Not being a boat owner, but Mr. Banks is, and he just mentioned that the newer boat motors don't require them to be running while you flush those engines. COMMISSIONER VERNON: There's a lot of older boats, so that doesn't really fix the problem. MR. YOVANOVICH: So why don't we put a timeline that says we can't flush a boat motor past 6:00 p.m. or 7:00 p.m., whatever a reasonable time period would be. COMMISSIONER SCHMITT: Seven p.m. MR. YOVANOVICH: Seven p.m. Is that --I mean, then people will just --either that or -- I mean, if that's really a concern for the neighborhood, and the Planning Commission thinks we Page 42 of 62 Packet Pg. 113 December 1, 2022 5.B.a should put something in there, fine. But we've got to keep in mind we're also trying to serve a needed service throughout Collier County. There's really no place for people to put -- COMMISSIONER VERNON: Well, I was going to suggest 9:00 p.m. MR. YOVANOVICH: That's fine, 9:00 p.m. COMMISSIONER VERNON: Because if you come off the water at 8:00 -- MR. YOVANOVICH: All right. I don't boat either. Nine o'clock is fine. Whatever the right -- whatever the right time. COMMISSIONER SCHMITT: Nine o'clock is fine. COMMISSIONER SHEA: Who controls the water now? Now you've opened up a whole different operation, and you're into water management if people are flushing things. MR. YOVANOVICH: Well, that will be through the -- that will be through Mr. Herrera's Site Development Plan. COMMISSIONER SCHMITT: He has to have a water/oil separator, other types of things that would have to be designed for a wash area. If he puts a wash area in, all that's going to be required and be reviewed as part of the Site Development Plan, and Mr. Herrera knows that. He would have to design a complete wash facility, water separator, water/oil, separate everything associated with it. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yeah. I also would say as a practical matter, if you have an RV that's actually like a motor home, not a trailer, there has to be some provision that you can -- you know, if it breaks down while it's in storage, you have to be able to work on it. And so I don't -- we can't prohibit that. COMMISSIONER VERNON: Well, I'm just saying, 9:00 p.m. COMMISSIONER KLUCIK: So I guess what I'm saying is I don't want us to put in language that says you can't work on a vehicle that's broken there; you have to get it towed, you know, a giant 40-foot long, you know, RV. We need to have something that addresses concerns but also doesn't prohibit what's reasonable. MR. YOVANOVICH: I understand. I think the concern more was I decide to take one of my cars, park it there, and use it as my own personal, you know, private garage that I just want to tinker with my car. I think that's what I was intending to make sure we didn't do. But if some -- if a car breaks down or an RV breaks down and you need to do something to make it movable, that makes sense. CHAIRMAN FRYER: Okay. Let's see. We were at public speakers. Do we have any more? MR. YOUNGBLOOD: (Shakes head.) CHAIRMAN FRYER: Anybody in the room who hasn't registered nonetheless wish to be heard at this time on this matter, please raise your hand. We do see a hand. Please approach the podium, and if you need to be sworn in, we'll take care of that. Have you been sworn in? THE WITNESS: Yes. CHAIRMAN FRYER: State your name, please. MS. STIRP: My name is Alexia Stirp. I live on Trinity Place. And I guess my main concern is just the aesthetic of, you know, what this -- how it's going to look from Trinity Place when you go turn onto Trinity Place. They talked about there being a wall there. Is it going to be, like, a cement wall or -- and is there going to be any, like, foliage on the outside to cover the look of the wall, or is it just going to be, like, a plain wall? That's just -- CHAIRMAN FRYER: We'll ask the applicant to repeat that. That's already in the record, but for your benefit, Mr. Yovanovich or Mr. Arnold, can you repeat the aesthetics? MR. YOVANOVICH: Do you want me to come up now? CHAIRMAN FRYER: The witness wants to know about, in addition to the wall, how you're going to create opacity and buffering and the like. MR. YOVANOVICH: And just for the --just for your benefit, the landscaping is on the Page 43 of 62 Packet Pg. 114 December 1, 2022 5.B.a Trinity side of the wall, so the wall will be -- it won't be a big, stark wall. And then the goal is that above the wall, the trees will create additional opacity to -- and Wayne went through this, and I think Mr. Vernon asked those questions. So you'll have a 7-foot wall. It will be some type of concrete wall. And then it will be -- you'll have the landscaping to break it up so it will look attractive, and then you'll have trees further providing a buffer to what you would see on the site. MS. STIRP: How thick do you intend to make the wall? Ma'am, if you're going to speak some more, you need to -- MR. YOVANOVICH: She asked how thick. It will probably either be some type of prefabricated concrete wall that they'll slip into -- so I can't tell you how thick, but it will be a concrete wall or -- I doubt it will be block, so it will probably be some type of just prefab concrete wall that you see them all over town. MS. STIRP: Thank you. CHAIRMAN FRYER: Does that answer your question, ma'am? MS. STIRP: (Nods head.) CHAIRMAN FRYER: Anything further? MS. STIRP: No. CHAIRMAN FRYER: Thank you very much, then. No one else wishes to be heard at this time. Any rebuttal from the applicant? MR. YOVANOVICH: I just want to make sure we're all clear. We are prohibiting any traffic on Trinity. Only emergency vehicles. So, actually, Commissioner Schmitt said it's minimal; it's actually zero -- COMMISSIONER SCHMITT: Zero. MR. YOVANOVICH: -- from our project, unless there's an emergency, then there'll be some traffic on Trinity. So I think what we've tried to do is address any concerns that the neighbors would have through our buffering, through not allowing traffic, and we're hopeful -- and I hope we clarified that there can't be commercial creep through this process. And with that, we're asking the Planning Commission to transmit this to the Board with a recommendation of approval for both the Small -Scale Growth Management Plan amendment as well as the PUD. CHAIRMAN FRYER: I'm sorry. COMMISSIONER VERNON: I was going to jump in and say, do you want to articulate your proposal regarding lighting and regarding noise or engine? CHAIRMAN FRYER: Let me see if I can tick those off, and then I can be corrected if I don't get them. MR. YOVANOVICH: I was waiting for a consensus, Mr. Vernon, as to -- I think 9:00 p.m. was the flushing of the motors type thing or whatever -- COMMISSIONER VERNON: Fine with me. COMMISSIONER SCHMITT: Nine p.m. is fine. CHAIRMAN FRYER: Okay. So this is not necessarily in the order that they were brought up. Dark Sky compliant lighting for the B parcel. MR. YOVANOVICH: That's fine. CHAIRMAN FRYER: Prohibit maintenance and flushing after 9:00 p.m. MR. YOVANOVICH: Okay. CHAIRMAN FRYER: Emergency access only on Trinity. MR. YOVANOVICH: Okay. CHAIRMAN FRYER: And the "comparable use" language will be removed. MR. YOVANOVICH: It's going to be moved up to Tract A. CHAIRMAN FRYER: Moved to Tract A. And did I miss any? COMMISSIONER SHEA: That's it. Page 44 of 62 Packet Pg. 115 December 1, 2022 5.B.a MR. YOVANOVICH: I think that's everything. CHAIRMAN FRYER: Okay. So -- COMMISSIONER KLUCIK: I think we're going to reiterate the requirements for a storage facility so that it's only -- the idea that it can't just be a -- you know, there actually are guidelines in the code. COMMISSIONER SCHMITT: It's already in the -- COMMISSIONER KLUCIK: I thought we said we were going to -- COMMISSIONER SCHMITT: -- zoning language. COMMISSIONER KLUCIK: Okay. COMMISSIONER SCHMITT: That's all they're asking for on that tract. COMMISSIONER KLUCIK: No. I thought we were going to include it just for clarity's sake, but maybe I was wrong. MR. YOVANOVICH: It's already governed by the Land Development Code. We don't typically -- we don't typically regurgitate that. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: Okay. So I think if there's further discussion, now is the time for that. If not, we can have a -- Mr. Bellows. MR. BELLOWS: I do have some specific lighting standards that I think the applicant has agreed to. If I could, I could read it into the record -- CHAIRMAN FRYER: Please, go ahead, yeah. MR. BELLOWS: -- and that will be the standard. Lights poles shall be limiting to a height of 20 feet and Dark Sky compliant. Flat panel, full cutoff fixtures, back lit, and up light glare rating where U equals zero to avoid light trespass onto adjacent properties. COMMISSIONER KLUCIK: I will move that we approve -- recommend approval with all of those stipulations including what Mr. Bellows just said. COMMISSIONER SCHMITT: I second, and that is both for the Comp Plan amendment and the PUD? COMMISSIONER KLUCIK: Yes. CHAIRMAN FRYER: Thank you. It's been moved and second. And there's no EAC approval required on this, so we're just voting on two things. Any further discussion from the Planning Commission? (No response.) CHAIRMAN FRYER: One observation I might make. I'm not necessarily suggesting it, but I just want us to always be mindful. When we get complicated conditions and stipulations --this may or may not rise to that level -- we do need to be thinking about maybe bringing these things back on consent to be sure that they've been scrivened properly. I'm not necessarily recommending it at this time, but I just want people to be thinking about it. And any further comments? (No response.) CHAIRMAN FRYER: If not, I think we're ready for the vote. All those in favor of the motion with the stipulated conditions, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Page 45 of 62 Packet Pg. 116 December 1, 2022 5.B.a MR. YOVANOVICH: Thank you. CHAIRMAN FRYER: Thank you, applicant. Thank you, members of the public. Thank you, staff. So it's quarter of 12:00. In any event, I think we want to have a 12 o'clock break, because we try to break every hour and a half, but it may be the will of the Planning Commission that we postpone our lunch until after we hear the third and last matters. What do you all want to do? COMMISSIONER SCHMITT: I would agree. I do have to depart for an appointment that I have at 2:00. I was hoping to get out of hereabout 1:30. CHAIRMAN FRYER: Understood. COMMISSIONER VERNON: I'm with Joe. I'm with Joe. COMMISSIONER KLUCIK: You're suggesting we have a short break now, then, and then -- CHAIRMAN FRYER: We need to have a five- or 10-minute break now. Does that -- or do we want to go to lunch? COMMISSIONER VERNON: No, no. CHAIRMAN FRYER: All right. So we'll stand in recess until 11:55. That's 10 minutes. (A brief recess was had from 11:45 a.m. to 11:55 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Ladies and gentlemen, please take your seats. Our final matters to be heard today, again, are companions. PL20210002122, the Ivy Medical Center Small -Scale Growth Management Plan amendment, and PL20210002147, the Ivy Medical Center rezone from A to C-1. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures starting with Ms. Lockhart, please. MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: I'm sorry. I was looking at an email. No disclosures. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials. CHAIRMAN FRYER: Okay. In my case, a meeting with staff, materials of public record. COMMISSIONER SCHMITT: Just briefly talked to the petitioner before the meeting and spoke to Mr. Klohn before the meeting, so -- who is going to be one of their speakers. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Meeting with the staff. CHAIRMAN FRYER: Thank you. COMMISSIONER SPARRAZZA: No disclosures. CHAIRMAN FRYER: Thank you. Is the applicant present, ready to begin? You may proceed, sir. MR. DE AZA: Thank you. Thank you, Commissioners and staff members. My name is Ronny De Aza with RDA Consulting Engineers here on behalf of the applicant with our team. We have Bill Klohn who's representing the applicant; we have Mark McLean with MHK Architecture in case there are any concerns or questions about the building design; and we have Jim Banks, who is our traffic engineer for the project. COMMISSIONER SCHMITT: Mr. Banks is just here for the whole morning, then. MR. BANKS: Can't get enough of it. MR. DE AZA: Like you mentioned, we are trying to get a growth plan management [sic] amendment and a rezone for this parcel. It's called the Ivy Medical Center. And just give me one second. There you go. And here's a small project summary for the project. This land is about 3.93 acres, one -and -a -half miles west of Collier Boulevard and about one -and -a -half miles east of the intersection of I-75 on Immokalee -- on Immokalee Road. Page 46 of 62 Packet Pg. 117 December 1, 2022 5.B.a The land's currently zoned for agriculture, and we're trying to change that into a commercial use to be able to put a medical building. This parcel is going to be developed by Dr. Daniel Wassermann of Skilled Wellness Physicians. And upon completion, the Ivy Medical Center will provide 20,000 square feet of medical offices on the subject parcel. The development parcel is situated, like, within Saturnia Lakes and Arrowhead Golf Club. And careful thought was provided to maximize view corridors that include lakes and preserve. Based on the commercial needs analysis study that was conducted in November 2021 by Real Estate Econometrics, Inc., medical -use office are greatly needed within that eastern Immokalee Road corridor. CHAIRMAN FRYER: Mr. Youngblood. MR. YOUNGBLOOD: I just had a hiccup in Zoom. CHAIRMAN FRYER: Do we need a recess or -- MR. YOUNGBLOOD: No, sir. I just need 20 second. CHAIRMAN FRYER: All right. Thank you. Nicely done. MR. DE AZA: We had our NIM meeting on April 25th, and about 20 people showed up, a bunch of neighbors from Saturnia Lakes, and they had some concerns. The neighbors from Saturnia Lakes had a lot of concerns on our western side of the property that abuts them, and we tried to address everything that they mentioned, and we will talk about it in a little bit. The next slide are just some conceptual architectural renderings that were done by MHK Architecture. So you can see, beautiful building, two story, 20,000 square feet. These are some concept floor plans. We're going to have first floor with the normal lobby, exam rooms, waiting area, receptions, and some office spaces and some balconies on the second floor as well. This is the conceptual site plan. Of course, if we get approved, we're going to follow up with full-size development plan submittals following the Land Development Code providing all the landscape buffers required and all the appropriate parking for the building. We're trying to maintain as much of the existing vegetation as we can, and we're going to have to remove, per the code, all the exotics from the site. During our NIM meeting, all our neighbors to the west were concerned about the visibility. So we're going to be enhancing that area with additional landscaping to make sure that it blocks the view. Another big concern in the meeting was illumination. So we went ahead now and did some photometrics study, and you'll see in the next slide that there is zero negative impact to the neighbors because of illuminations. Then everything normal is what you see in this slide. We're proposing a big lake so we can send all of our runoff over there and have zero negative impact because of drainage to the adjacent properties or the right-of-way. This slide just shows -- you'll have to zoom in from it shows the photometrics, and we're reading 0.0 on the west side of the property for our neighbors in Saturnia Lakes. After talking with our -- with the neighbors at the NIM and staff, we came up with some conditions of approvals, and they're all listed in the staff report, but I'm going to go through them real quick. The hours of operation for the building should be limited to a maximum of 7:00 a.m. to 9:00 a.m. daily. The project vehicle entrance will be -- COMMISSIONER SCHMITT: You mean 9 p.m., not a.m.? MR. DE AZA: Nine p.m. yes. COMMISSIONER SCHMITT: Sorry, correct the record. MR. DE AZA: Seven a.m. to nine p.m. Thank you. Page 47 of 62 Packet Pg. 118 December 1, 2022 5.B.a The project vehicle entrance will be located on the east side of the property in order to buffer Saturnia Lakes from traffic to the greatest extent possible. The parking on the western boundary of the subject parcel will be parallel to the property line to minimize headlight concerns. This, again, came from the meeting with the neighbors. Preservation areas have been designed and lakes created to provide natural buffers to the greatest extent possible. The dumpster location has been relocated to the eastern edge of the subject development to minimize the concerns of the residents. CHAIRMAN FRYER: I'm going to interrupt you, sir, for just a moment and ask for a clarification. This is a rezone, not a PUD. And so we don't have the usual places where we would see conditions. Are these attached to the ordinance? And then from there do they get to the LDC? And you might describe the need for an asterisk as well. MR. BELLOWS: For the record, Ray Bellows. The ordinance, if approved, will -- does contain conditions of approval, as Exhibit C to that ordinance will also contain this conceptual site plan, so they would be locked into that somewhat. And they are rezoning to C-1. It's not a PUD. But the zoning map if approved will have a designation on the zoning map that will alert anyone wanting to find out the full range of permitted uses and restrictions to pull this ordinance. CHAIRMAN FRYER: Okay. By way of -- is it an asterisk or a footnote or -- MR. BELLOWS: It's a diamond -shaped note with a petition number reference to it. CHAIRMAN FRYER: Okay. MR. BELLOWS: And an ordinance number reference. CHAIRMAN FRYER: Okay. So it's not -- it's not actually part of that. It's an incorporation by reference. Someone would need to go to that ordinance. MR. BELLOWS: On the zoning map. CHAIRMAN FRYER: Okay. That's fine. Thank you. Sorry to interrupt, sir. Go ahead. MR. DE AZA: No problem. Thank you. The next slide is a letter of no objection that we obtained from the Saturnia Lakes Homeowners Association, and then a small summary. It is the goal of Daniel Wassermann to create a high -quality medical development on Immokalee Road to service the residents and patients of the Eastern Collier County. High -quality project team members have been selected to include MHK Architects and RDA Consulting Engineers. Extensive measures have been taken to create preserves on lakes to enhance the privacy of the neighbors -- neighboring developments, and we believe that the open-door discussions with the neighboring Saturnia Lakes residents has been considerate and mutually beneficial. The project will be designed and constructed in accordance with all requirements outlined in the Collier County Land Development Code, and all additional development matters will be addressed professionally during the Site Development Plan application process. And this concludes our small presentation, and we'll be here open for all questions. CHAIRMAN FRYER: Thank you very much. MR. DE AZA: Thank you. CHAIRMAN FRYER: No one is signaling at this time, so I'm going to jump in with a concern that there's just really nothing we can do about it, and thanks to our friends in Tallahassee, primarily, what we've got here is we've got two deficient roadway segments on Immokalee, 43.2 and 44. They're already deficient according to the 2022 AUIR, and this is only going to make matters worse. It's not this applicant's fault. And as I say, there's just not really much we can do about it, but it's very, very unfortunate. So I wanted to let off some steam on that. No one is signaling yet. Anybody have any questions or comments? (No response.) CHAIRMAN FRYER: Okay. Thank you, applicant. Page 48 of 62 Packet Pg. 119 December 1, 2022 MR. DE AZA: Thank you. CHAIRMAN FRYER: Then we'll turn to staff report. MR. BOSI: Thank you, Chair. Mike Bosi, Planning and Zoning director. As in the last petition, we are recommending approval of both the requested GMP amendment as well as the rezone request and the conditions of approval that were associated and provided for. And we do have a PowerPoint presentation that gets to the GMP issues if the Planning Commission would be interested in it. It's currently zoned urban residential. This is proposing a zoned individual subdistrict to permit this limited medical office facility. But we have a little bit more specificity if you'd like to hear that. CHAIRMAN FRYER: Planning Commission, should we -- COMMISSIONER SHEA: Are they specifics that should be added to the approval as conditions or -- MR. BOSI: And they have been added as a condition with the -- (Simultaneous crosstalk.) MR. BOSI: -- limitation of the 20,000 square feet. COMMISSIONER SHEA: Can you summarize it? MR. BOSI: A limitation of 20,000 square feet. COMMISSIONER SHEA: That's the only one? MR. BOSI: Yes. COMMISSIONER SHEA: Good summary. MR. BOSI: Yes, yes. COMMISSIONER VERNON: Can you shorten it up a little bit? CHAIRMAN FRYER: Okay. COMMISSIONER VERNON: A little verbose up here. CHAIRMAN FRYER: Okay. Anybody else want to be heard up here? (No response.) CHAIRMAN FRYER: I've got something else I want to get off my chest, too. And, again, there's nothing we can do about it other than perhaps by way of bringing something up in new business and sending a recommendation on to the Board of County Commissioners. But when you think of C-1 uses, you think of very low impactf il, low -intense uses that -- and surely under those circumstances you would expect nothing controversial to arise there. But listen to a few of these uses that are permitted in C-1. And I'm not suggesting that we try to limit them, because I don't think that would be fair to this applicant, but I am suggesting that at some point I think the Board of County Commissioners needs to revisit what is contained in the SIC codes for these various levels of commercial activity. Here's C-1: Abortion clinics; sperm banks; process servers; psychiatric treatment centers; blood donor and plasma pheresis centers; substance abuse centers; detox centers; repo services; check cashing businesses; private eye businesses; physical exams by persons other than physicians -- now, that's one I like -- scrap steel cutting; solvents recovery services; evictions services. Now, the problem is is that when we approve a C-1, you know, the applicant, then, has the entitlement of all of those. And, you know, some of them maybe are okay some of the time. But I just think at some point the Board of County Commissioners needs to revisit this whole issue of incorporating by reference SIC codes and all of the variants and variations and permutations and combinations that they think up, because some of them are not necessarily things that we would want to have. So now that's off my chest. Anything else from the Planning Commission at this time? (No response.) CHAIRMAN FRYER: All right. Let's see. We've heard from applicant. We've heard from staff, so now we turn to Mr. Youngblood and ask about public comment. MR. YOUNGBLOOD: I don't have any registered speakers for this item. CHAIRMAN FRYER: All right. Thank you. Page 49 of 62 Packet Pg. 120 December 1, 2022 5.B.a MR. YOUNGBLOOD: Or the companion item. CHAIRMAN FRYER: Thank you. So there would be nothing to rebut, I assume. No need for rebuttal? COMMISSIONER SHEA: Ned? CHAIRMAN FRYER: Oh, I'm sorry. Please, come forward. And if you haven't been sworn in, now would be the time for that. MR. LEPP: I have not been. (The speaker was duly sworn and indicated in the affirmative.) MR. LEPP: I do. CHAIRMAN FRYER: State your name, please, sir. MR. LEPP: My name is Jim Lepp. I'm a resident of Saturnia Lakes and the HOA president for the Satumia Lakes Homeowners Association. CHAIRMAN FRYER: Okay. MR. LEPP: The Satumia Lakes community, in general, has been in support. We've had a lot of communication with the developers. The one thing that popped up in your presentation I'd like to clarify. Being a medical office, I think we were all under the assumption this would be a 7:00 a.m. till 5:00, 6:00 in the evening, and this going till 9:00 p.m. is a little bit of a surprise. I'd like to -- you know, because of some of the varied uses you just brought up, I'd like to recommend we try to limit this to a 7:00 a.m. to 6:00 or 7:00 p.m. type operation if at all possible. CHAIRMAN FRYER: I sort of raised my eyebrows at that, too. Applicant, would you please let us know if you could live with 7:00 to 7:00 instead of 7:00 to 9:00. MR. KLOHN: Good afternoon. My name is Bill Klohn. I represent the developer. I don't recall that there was opposition to 9:00 p.m. It would be if there were late patients exiting. It wouldn't be a routine situation. I really don't have the authority to change that, because we came to the meeting with the presumption that 9:00 p.m. was okay. Again, that will be not a regular routine with few exceptions. So I guess I'm stumped. MR. LEPP: Okay. Well, I guess, like I said, it caught me a little bit by surprise. And some of the extraneous uses beyond the medical facility, the metal cutting and, you know, those types of things that could be, you know, ongoing to 9:00 p.m. every day would be a potential concern of the community. I guess I'd like that to be locked into or at least get the assurance that this will be addressed and looked into. CHAIRMAN FRYER: Thank you. Commissioner Schmitt, Vice Chair. COMMISSIONER SCHMITT: Two concerns. One, I believe -- or I have to support Bill on this in regards to I would have to assume that most -- most, the majority of the people, any type of an appointment after 6:00 p.m. is probably rare. My only concern is if we say it has to close at 6:00 but there's on site -- what do you want to call it -- outpatient type of care or somebody and somebody's got -- has to be picked up, I don't think 9:00 is that abusive considering we're right off Immokalee Road, and there's numerous businesses that run well past 9:00. So that's my first point. But my second point is, in regards to the SIC codes, this is going to be identified specifically on the Future Land Use Map as a site for the medical facility, is it not? Even though it's C-1, isn't it stipulated in the C-1 that this is the medical facility, or would it allow for something else if this medical facility bolts? MR. BOSI: The GMP allows for the property to seek any uses that are within the C-1 -- COMMISSIONER SCHMITT: C-1. MR. BOSI: -- zoning district. And one of the suggestions that I think you can have to specifically target the concerns -- even Mr. Bellows was showing me that the 9:00 hour was discussed as part of the NIM. But you could put Page 50 of 62 Packet Pg. 121 December 1, 2022 5.B.a a condition that if the facility is developed as anything other than a medical facility that the hours -- the hours of operation be restricted to 7:00 to 7:00. COMMISSIONER SCHMITT: I would -- MR. BOSI: That could -- that could address the concerns and still allow the developer to move forward if -- COMMISSIONER SCHMITT: And I would support that. My concern with the medical facility, some people have an appointment -- I would suspect very limited, but I know some people may have an appointment after work or something like that, and they -- it's not going to be significant. Mr. Banks would probably tell you what the demand is on traffic. It's got to be de minimus. I mean, it really has to be. So I don't think that's going to be of grave concern. And I would have to believe any other medical facility -- pretty limited. Hopefully that will alleviate your concern. If we -- MR. LEPP: I believe it -- COMMISSIONER SCHMITT: And we could stipulate that if something else goes in there, we will stipulate that no intrusive or other type of operation beyond 7:00 p.m. would be allowed. MR. LEPP: That's satisfactory as far as I'm concerned. COMMISSIONER SCHMITT: Okay, good. CHAIRMAN FRYER: Thank you. And I would propose, then, that as it happens, SIC code use 8011 is, well, medical offices. So why don't we say that with respect to those uses, the hours would be 7:00 to 9:00. All other C-1 uses 7:00 to 7:00. MR. KLOHN: I could agree to that on behalf of the developer/petitioner. CHAIRMAN FRYER: Very good. Thank you very much. All right. Commissioner Vernon. COMMISSIONER VERNON: Do we want to strip out some of these things from the SIC code while we've got the developer up here? Oh, we can't. CHAIRMAN FRYER: Well, we can, but I'm not necessarily recommending it because I -- I don't think it's particularly fair to an applicant given that these uses are specified in our Land Development Code by reference to SIC codes. And I -- you know, I find it objectionable that they're in there, but -- and when we do PUDs, we can look at them, but on a straight rezone, at this time I'm not recommending that we do that. COMMISSIONER SCHMITT: That's why I asked the question, could we limit it, but I guess not. I mean, from my recollection, if it was a PUD, we could certainly go through every SIC code and eliminate uses. CHAIRMAN FRYER: When I spoke with staff, this is -- it would not be unprecedented for us to limit uses. I'm just not, right now, particularly willing to visit that upon this applicant. Mr. Bosi, did you want to say anything? MR. BOSI: No, I had nothing more to add. Thank you. CHAIRMAN FRYER: Did what I -- did what I say [sic], is that correct? MR. BOSI: Oh, absolutely. CHAIRMAN FRYER: Okay. Thank you. All right. Anybody have other comments? (No response.) CHAIRMAN FRYER: Mr. Youngblood, anybody else want to be heard? MR. YOUNGBLOOD: I don't have any other registered speakers, sir. CHAIRMAN FRYER: All right. Anybody in the room who wants to be heard on this matter, please raise your hand. Seeing none -- oh, there's a hand up. Sir, we'll ask you to be sworn in, state your name, and then you'll have the floor. (The speaker was duly sworn and indicated in the affirmative.) MR. McEWAN: I do. CHAIRMAN FRYER: Your name? MR. McEWAN: My name is Robert McEwan. I live on Butterfly Palm, which is right -- my backyard is right adjacent to the project. Page 51 of 62 Packet Pg. 122 December 1, 2022 5.B.a You expressed some reluctance to remove some of the SIC code from this particular applicant. Could you at least ask the applicant if he objects to that? Because I don't really want metal cutting behind my house, if that's a possibility, or some of the other named SIC code possibilities. And if the applicant doesn't object, why would the Board object? CHAIRMAN FRYER: I take your point. And I'll ask the applicant's representative to return to the podium. And you've got --you've got the 8011 use. Do you really need all of these other uses? MR. KLOHN: Are we going to go through them one by one? I mean, I don't understand what you want to address. CHAIRMAN FRYER: I want to know how much flexibility you feel you need. MR. KLOHN: We have flexibility. Do you want to waive them all other than medical? I don't understand. COMMISSIONER SHEA: Start there. CHAIRMAN FRYER: Yeah. Why don't we start -- yeah, I think I sense an interest on the part of the Planning Commission, and I'm not going to go against that, to try to trim this down, even if we're setting sort of a precedent for doing this in the future. Usually we don't deal with rezones only. Usually we deal with PUDs, and it's easier. But I'm certainly amenable to going through this and carving some of these out. And so, without objection, and I don't -- Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. Help me understand. If we place a limit as to how this property can be used, in X years there's a need or a desire for this property to be sold and to go into a new business, that property is only allowed to be sold and to be used again for the allocations that we're now going to stipulate? CHAIRMAN FRYER: The process would be for the new applicant, the new owner, to file for a rezone or a PUD, and it would come before public process like this, and it would be acted upon by us and by the Board of County Commissioners. COMMISSIONER SPARRAZZA: So we are limiting how this property can be used or can be sold to be used as, unless it's a conditional sale, that would then allow them to come before the Board and request a new use. CHAIRMAN FRYER: Typically what happens is an applicant will be a contract purchaser. They will have agreed to purchase the property under a contract that says if we don't get the zoning, we can walk away. COMMISSIONER SPARRAZZA: Correct. CHAIRMAN FRYER: But what we're contemplating now is a situation where, other than the medical office use, there would have to be another hearing before the public. COMMISSIONER SPARRAZZA: Okay. Thank you. CHAIRMAN FRYER: Commissioner Vernon, and then Commissioner Klucik. COMMISSIONER VERNON: Yeah. My thought on this, to give you some guidance is, I've already had two of our most experienced board members tell us that, really, it might not be appropriate to dictate to you to limit it in this particular case, and now you've got a speaker up here who's your neighbor who you've apparently been super cooperative with thus far who says, well, I don't want metal behind my house. So rather than stripping everything out, you might want to take a look at it and figure out what's going to cause a lot -- or you take a look at it -- what causes a lot of noise, what might cause a lot of lighting, what might cause a lot of traffic and things that you really think you're never going to try to develop that or sell it to somebody who's going to develop that, and take that out without stripping it down to you can only be a medical office. That's sort of my take on what I'm hearing here. MR. KLOHN: And how do we address that? Do we address that today now? CHAIRMAN FRYER: Well, I think -- COMMISSIONER VERNON: I would think you could take a minute -- CHAIRMAN FRYER: -- it adds a minute or two, but I can reread this list, and you can agree or not agree on these items. Page 52 of 62 Packet Pg. 123 December 1, 2022 5.B.a COMMISSIONER VERNON: It's up on the board. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yeah. COMMISSIONER KLUCIK: I just think it's unfair to put him on --you know, the applicant on the spot for something that isn't a condition, wasn't a condition, wasn't brought up at the NIM, and now we're -- you know, now we're imposing, you know, a severe restriction on, you know, the liquidity and the marketability of the property, you know, down the road if whatever they're doing -- you know, I mean, I just don't -- I don't know why we're doing that now when -- I agree with you, I think it's something that would be more appropriate at changing what our code says as far as what included uses are. I think to now, at the last minute, impose this, I just don't --I don't think it's good. I think if there's some particular objection for some particular use, I'd certainly think we can look at that, because I think that's more likely to be a no-brainer, but I think if we just say, yeah, all of these things are off limits except medical use, then you really are affecting the market value of the property, and I don't think that's a -- that's something that we should be doing on the fly. And I think that's what we're doing; we're doing it on the fly. COMMISSIONER SHEA: But you're also giving him an inherent right to all those items, which he doesn't need. He won't have to comeback if we --if we approve it with just C-1. COMMISSIONER SCHMITT: Just --we've done this before. And just to clarify, because I want to make sure Vernon's aware. My comment, I didn't think we could restrict it. But I'm sitting thinking we've done this before with Mark. I know we've gone very explicit line byline. But we usually do that as part of a PUD. Can we do that with straight zoning? MR. BOSI: Straight rezoning has -- we have in the past put conditions of approval. And restricting uses that are contained within the zoning category that they're seeking is something that would be part and parcel of that. COMMISSIONER SCHMITT: I have no problem going through this list right now and saying let's decide what we restrict, but the difficult part is some of this, when you get into the SIC code, then you look at that entire list and you go, whoa. CHAIRMAN FRYER: Exactly. COMMISSIONER SCHMITT: I mean, I think of metal cutting, but typically that's usually associated mainly if there was a collision shop there or something, and you're going to hear them doing body work, cutting metal. But is this the list we want to go through? COMMISSIONER SHEA: This is different. COMMISSIONER SCHMITT: His list -- this are the SIC codes. That is the specificity in the SIC code. CHAIRMAN FRYER: I went back and looked at the 99s and 49s, which is usually where the problems are. COMMISSIONER SCHMITT: Well, let's just eliminate those. I'm fine with it. CHAIRMAN FRYER: Well, I am -- I sort of agree with everybody up here. I mean, there's no clear win -win from my perspective. I like the idea of having to come back if you're going beyond a medical office building or perhaps a smaller universe of similar kinds of uses. But some of the ones that I was able to identify when I read through the SIC codes I think are just so far removed from what you could possibly want that -- as I say, I'm conflicted on this, and I -- COMMISSIONER VERNON: I mean, maybe --I'm just trying to nuances this; it's all been said. But I don't think we're really imposing on you, but I think there's, like, 20 or 30 uses here, and there's probably five or 10 that you're like --I mean, you're experienced. I've talked to you many times on properties. You're very experienced around here. There's probably 10 on here you're like, no way in the world. It's not going to affect the marketability, but it gives your neighbors some comfort that there's not going to be a metal shop, you know, operating at 10:00 at night with a welder. So it's more kind of -- rather than strip it down -- it's like -- I don't know how many uses are on here, Page 53 of 62 Packet Pg. 124 December 1, 2022 5.B.a but there's probably 10 you're like, there's no way I'm ever going to try to sell the property to do this. Let's take those out, and then we're done, I think. MR. KLOHN: Yeah, let's do it. Are we going to start at the top? CHAIRMAN FRYER: Yes. MR. KLOHN: I think accounting is appropriate. CHAIRMAN FRYER: No, I don't -- no, not that list, because most of those are appropriate. I've drilled down to the ones that I have looked at and are patently inappropriate in my judgment. And if -- again, I defer to the Planning Commission. COMMISSIONER VERNON: No. I think what you're doing is perfect. Go. CHAIRMAN FRYER: But rather -- because I think most of these uses are going to be fine. How about this -- and believe me, Planning Commission, I want to follow your guidance on this but -- and I am somewhat conflicted. But right now, based upon what I'm hearing, I would like to restate these uses, ask this applicant if he needs to retain any of them, and if he doesn't, we'll take them all out, and if there are a couple he does, we talk about it. COMMISSIONER KLUCIK: Sounds good to me. CHAIRMAN FRYER: Okay. So I'll restate them, and they've become part of the record, because the court reporter's getting them. All right. Here they go. C-1 uses: Abortion clinics, sperm banks, process servers, psychiatric treatment centers, blood donor and plasma pheresis centers, substance abuse centers, detox centers, repo services, check cashing businesses, private eye businesses, physical exams by persons other than physicians, scrap steel cutting, solvents recovery services, eviction services. Any of those that you need to retain? MR. KLOHN: The only one that caught my attention was the psychology, psychiatrist. CHAIRMAN FRYER: Okay. Well, this is psychiatric treatment centers. MR. KLOHN: Oh, treatment center. Okay. I would agree, we'll eliminate all those. CHAIRMAN FRYER: Okay. Any objection from the Planning Commission? COMMISSIONER SCHMITT: No objection. CHAIRMAN FRYER: All right. Then I think we've resolved it. MR. McEWAN: I agree. CHAIRMAN FRYER: Thank you, witness. Thank you, applicant. MR. KLOHN: Thank you. MR. McEWAN: I'd like one other thing. CHAIRMAN FRYER: Go right ahead. MR. McEWAN: I don't want to take your time. This is something I don't think either the applicant can fix or you can fix. But behind this project, as you go further east, is the high school, and the high school has a loud speaker system that's grown more intense since I first moved into my house. In fact, when they have a sporting event at night, I can hear the game over my television. When these trees come down, when you build your project, it's going to decrease the buffer from this noise. And I don't think there's anything that this developer can do about it, but it is a problem, and it's going to get worse. CHAIRMAN FRYER: Thank you, sir. And there's really nothing we can do about it either, but I'm glad you spoke up. MR. McEWAN: Thank you. CHAIRMAN FRYER: Thank you very much. COMMISSIONER SHEA: Talk to the school. CHAIRMAN FRYER: Well, certainly talk to the school. COMMISSIONER SHEA: Talk to Amy again. CHAIRMAN FRYER: Yeah. Mr. Youngblood, any changes? MR. YOUNGBLOOD: (Shakes head.) CHAIRMAN FRYER: Okay. So without objection, then, we're going to close the public comment portion of this hearing. Page 54 of 62 Packet Pg. 125 December 1, 2022 5.B.a All right, sir, do you want to be heard? All right, please. COMMISSIONER VERNON: Can we just go back to that -- CHAIRMAN FRYER: Yeah. COMMISSIONER VERNON: Sir, the one who just sat down. CHAIRMAN FRYER: Ms. Lockhart's going to comment on that. MS. LOCKHART: I just wanted to let --I'm Amy Lockhart representing the school district. And you can give the school or probably the administration a call and just have a complaint. I mean, I don't know if it's solvable, but we certainly would hear your complaint and try to address it. MR. McEWAN: I find it interesting that there's a noise ordinance, and the noise ordinance requires in many instances a permit. I looked through the county's -- there is no permit for this. It may not be of record or it may -- or they may have an exception by which they don't need a permit. But under the noise ordinance, it says that loudspeakers cannot be operated after 6:00 p.m. Now, that makes it very difficult to have a football game if they can't have the loudspeaker after 6:00 p.m. And that's not generally my objection anyway. It's that it's louder than it needs to be, and it starts at, like, 3:00 p.m. in the afternoon. And this may come as a shock to you, but the students' taste in music is a little different than mine. Thank you. CHAIRMAN FRYER: That's a shocker. That's a shocker right there. All right. Next speaker, sir. Please be sworn in and identify yourself. (The speaker was duly sworn and indicated in the affirmative.) MR. HIGBIE: I do. My name is Paris Smith Higbie. I live at 2446 Butterfly Palm. I am the house that is at the top that they have shown on the picture that's closest on the parking lot. Mr. Klohn and I have had discussions on behalf of his client as far as increasing the buffer area so that we're not -- we're as least impacted as possible by the parking and the lighting and the noise coming from the new building going in there. And I just wanted to get -- we just had personal conversations about this. I just wanted to make this part of the record that our ask is that you guys and the developer increase the buffer zone as much as possible and not go with the bare minimum, which I believe is eight feet or something, and extend it as thick as possible so that we're not sitting in our pool looking at people parking their cars right there. Because right now we have a preserve that goes through there that continues to thin out as it ages, and we are just requesting that if they go in there and remove all of the non -- or all the invasive species, that we have an agreement that the buffer zone will be as thick as possible. MR. KLOHN: We have agreed -- thank you, Paris. We have agreed to invite Paris to some of our meetings to include the landscape architect. If the landscape architect can specify some species that might grow wider rather than taller to help the concerns of Paris, we have agreed to not just plant code minimum and to work with the Saturnia folks to enhance the buffer to a greater degree. CHAIRMAN FRYER: Thank you, sir. That sounds like a reasonable solution. MR. HIGBIE: Okay, thank you. CHAIRMAN FRYER: Thank you very much. All right. I'll ask one more time: Anybody who hasn't registered wish to be heard? (No response.) CHAIRMAN FRYER: All right. Seeing no hands up, now we genuinely will close the public comment portion of this hearing, and it will be our opportunity. I assume there's no rebuttal? MR. DE AZA: (Shakes head.) CHAIRMAN FRYER: Okay. Our opportunity to deliberate and have a motion. Commissioner Vernon. COMMISSIONER VERNON: I'll move we approve. And just a quick comment. It's Bill, right? Bill? MR. KLOHN: Yes. COMMISSIONER VERNON: You don't need to stand up. I was just --make sure I had your name right. We've met before, but I just want to commend you on the collaborative way in Page 55 of 62 Packet Pg. 126 December 1, 2022 5.B.a which you've worked with the neighbors. CHAIRMAN FRYER: I agree completely. Thank you, sir. All right. Is there -- has a motion been made? COMMISSIONER SCHMITT: Was that a motion? COMMISSIONER VERNON: I thought I said -- COMMISSIONER SCHMITT: That was for both the GMP amendment and the -- COMMISSIONER VERNON: Thank you, yeah. COMMISSIONER SCHMITT: -- rezoning. CHAIRMAN FRYER: Is there a second? COMMISSIONER SCHMITT: I will second subject to the stipulation of the removal of the items that you cited in the SIC code and subject to -- I want to make sure on the record that Mr. Klohn cited to work with the neighbors for the enhanced buffer. That's a super offer, and I think it's easily solvable with exactly what you said, some different -- maybe some optional plantings and enhanced buffer. Were there any other points? CHAIRMAN FRYER: I think that's it. COMMISSIONER VERNON: And I'll accept Commissioner Schmitt's -- CHAIRMAN FRYER: Mover accepts. COMMISSIONER VERNON: -- amendment. CHAIRMAN FRYER: Thank you very much. It's now time for a vote unless there's further discussion. If not, all those in favor of the motion with the conditions, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER KLUCIK: This is for both items? COMMISSIONER SCHMITT: Both items, both the GMP amendment and the rezone. CHAIRMAN FRYER: All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you again for your cooperation, applicant. Thank you, members of the public and staff. Now -- COMMISSIONER SCHMITT: Bill, good seeing you. CHAIRMAN FRYER: All right. We're almost out of here but not quite. Is there any old business to come before the Commission? (No response.) CHAIRMAN FRYER: I didn't think so. Any new business? COMMISSIONER SCHMITT: Yes, I think we want to discuss what Vernon talked about, the transportation. That very much intrigued me. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: And do you want to highlight on what you're asking? Do you just want an enhanced review of the transportation piece? Page 56 of 62 Packet Pg. 127 December 1, 2022 5.B.a COMMISSIONER VERNON: Oh, on the AUIR. Remember, we went through the AUIR, and the Chairman had mentioned, well, we want to be proactive and thorough in this. And even though we spent, I think, a whole day on it or a long time, we really didn't dig into fixing anything or changing anything or trying to impact how it turns out. So there's no way we can go through everything, so I was thinking Mike should make a list. We've already identified libraries, because that industry's evolved so much. And now if we add to it traffic and how maybe we can dig down. When we get to the AUIR, we can dig down in those two items and spend a lot of time to the point where we can make recommendations or possible changes. CHAIRMAN FRYER: The AUIR won't come before us again -- COMMISSIONER SCHMITT: Another year. CHAIRMAN FRYER: -- until October, but that doesn't mean we can't ask to see those sections again -- COMMISSIONER SCHMITT: Right. CHAIRMAN FRYER: -- and talk about and make a recommendation. COMMISSIONER VERNON: And I'm certainly okay with that. I just -- COMMISSIONER SCHMITT: We can ask Trinity to come in and just give us a rundown on the proposals and the schedule going forward. MR. BOSI: And that's not, I think, what the commissioner is asking for. I think what he's asking for is next year, that one for libraries, we know that level of service is something that we're going to put additional analysis as. And I think what we've heard today is a better description of how our methodology for determining traffic impacts, when the measures are taken and the -- is there a better way to try to account for non -p.m. -peak -hour transportation issues that don't get accounted for within the TISs. COMMISSIONER SCHMITT: Okay. MR. BOSI: I mean, it sounds like -- or is it an overall discussion of levels of service? COMMISSIONER VERNON: Well, I think it's both, because -- I don't know who said it here but, you know, be real careful about fixing something, because you may break seven other things. You know, traffic's a super complex issue. So, yes, that would be the micro of what we're doing, but we probably, like Joe said, need sort of a big picture. And we need to spend some time with it because, again, I'd be very nervous about changing something, but it relates to measurement. And I know the Chairman before has been frustrated with he thinks -- I forgot what it was now, but you think some measurement we're using is probably obsolete. And this is kind of the same point that came out today that we're measuring p.m. traffic when the problem is the schools in the morning. And after we look at it really hard we may say, you know what, there's not a better way to do it, but let's at least look at it. And I'm not saying it has to be we have to wait a year. We could do it whenever we have a light schedule as far as I'm concerned. CHAIRMAN FRYER: Thank you. So have you been -- MR. BOSI: Well, what I would say is the area that you're talking about with the Chair was specifically within the economic analyses that are provided for within the SRAs, the persons per household number that was utilized. The Chair took exception to the lower number based upon what the Census Bureau has allocated. The one thing I will say, staff doesn't have a tremendous -- one, we do not have an overburden of staff, and staff does not have an overburden of just free idle time. I think -- so if Libraries or Transportation were to come before you, I couldn't just say, all right, Libraries and Transportation, Trinity, we've got a light item on February 15th, you know, with a look -ahead, let's have this discussion. It's going to take some time for preparation. We're going to need to either have it specifically during the AUIR, or we will have to have a planned specific meeting towards where we'll target that date so the departments can bring you valuable information so you guys can make evaluations upon the material and what is and what isn't and where there could be some possible modifications. Page 57 of 62 Packet Pg. 128 December 1, 2022 COMMISSIONER VERNON: Well, I would propose the AUIR -- or with the libraries we just wait for the AUIR. Traffic's the one that comes up all the time. So maybe if we -- if the Chairman wants or if the group wants, we spend a day on traffic, and we discuss the specific measurement issue but also look at everything. It will make us better commissioners. CHAIRMAN FRYER: I think that's right. Let's ask staff to find a meeting time, regular meeting time, that works with the other planned matters where we can devote significant time, and you can prepare to the extent, obviously, that you need to in order to respond to the questions that are inevitably going to come up from the Planning Commission. Maybe it's March, April, something like that, where we can deal with this and not only will we be focusing only on traffic, which will -- with a narrow focus I think we can be -- see it with more clarity, but it will also relieve our obligations in October because we will have given traffic a very close beforehand. Does that sound right to the Planning Commission? COMMISSIONER VERNON: Yeah, it sounds good to me. And I know you guys are understaffed, overworked, I know that. But if we have a six-month lead time -- and I would always -- looking at it as the optimist, it's an opportunity for the staff to have tremendous input on changes you think should be made, which I think is a great opportunity for you guys to initiate change. Plus, I think you'll be educating us so that we'll be more competent in this area and maybe not take up so much time with questions that -- you know, that I ask that maybe, you know, I should know. So I'm looking at the bright side of it. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I would like to go back to a conversation we had earlier this morning regarding something that could be as simple as putting a team of educated people together to look at the traffic pattern at the school up on Oil Well. And, Commissioner, I believe you had come up with an idea of let's make a simple motion that is for the record and request the proper parties get together to discuss it and maybe even request by the January 5th meeting that we just get acknowledgment that they've at least gotten together. I'm sure they're not going to solve the problem by then, but that it has been brought before the proper parties and there is going to be movement instead of what we're all fearful of. We talked about it, but it goes nowhere. Is that something we can put on the record -- MR. BOSI: It's policy. COMMISSIONER SPARRAZZA: -- as you suggested? CHAIRMAN FRYER: Most definitely. COMMISSIONER SPARRAZZA: I don't know how to word it. I apologize. CHAIRMAN FRYER: Mr. Bosi. MR. BOSI: What I can say -- and I understand what the request is, but you heard Lorraine talk about the planned improvements. And what I hear is you feel that they're not fast enough. That those -- COMMISSIONER SPARRAZZA: No, sir. I'm saying we all recognized what the great transportation team is doing for the planned improvements on Oil Well. I was actually referring back to a side conversation we had of actually is there something at the school property we can do totally independent of what Oil Well Road -- MR. BOSI: I had a conversation with Jim Banks, the transportation engineer who was here for all the petitions, and he was mentioning that North Carolina did a study on public schools and public school impacts to the transportation systems. Because we're not unique. It's schools. And when schools let out, it has placed a tremendous strain because of the characteristics now of how every parent seems to pick up their school -aged children by their car and non -busing. And they came up with a standard, he said, that for every four students, you needed one stacking lane within your facility, your school facility. The problem that we have is we've got older school sites, and these older school sites were not developed with the stacking that's required to be able to handle it on premise. We had a charter school that came through on Immokalee Road east of Page 58 of 62 Packet Pg. 129 December 1, 2022 5.B.a 951, and one of the requirements from our Transportation Planning Department was -- and it was a decent -sized parcel -- the stacking for the entrance to that school started out on the easternmost portion of the property, went all the way to the back end, swung around in this wide horseshoe, and came out and dropped off at the beginning. So the stacking capacity that was associated with that school has allowed for the transportation issues to be a nonissue. The problem is is we've got a lot of older schools that do not have that capacity, and that's an issue that is something that's going to be extremely -- it's going to be difficult to address. I think the school district is aware of it. Our Transportation Department is aware of it. What you're requesting, I think, for us to localize that issue at Palmetto -- and I don't think it's Palmetto Ridge, because Palmetto Ridge -- the high school starts at 7:00. So that's -- for the most part, that's not creating as much problem. It's probably the elementary school, because the high schools, half of those kids probably are driving themselves. It's your elementary and your middle school. And your elementary is an 8:00 start time normally, and then your middle school is a 9:30 [sic]. So that 7:30 till 9:00 is a tremendous burden to the localized area. I don't think we're -- I don't think we're going to be able -- between now and January 5th to be able to provide you with a solution, and maybe you're just looking for us to start the process. COMMISSIONER SPARRAZZA: Yes, exactly that. And it didn't actually have to highlight it or be inclusive of the Transportation Department. I was asking something as simple as the school board, and maybe almost as a volunteer somebody from the Transportation or anybody that has a background literally go to the school, look at it at 8:30 in the morning or 7:15 in the morning and visually see, scratch their heads and say, oh, my gosh, if this row of trees wasn't here, we could, you know, make the entrance a little wider. I have no idea what it is. All I was asking for is for the help, especially of this fine team, to say, how do we write up a little something to make sure it gets to the proper people, the folks on the school board, and maybe some assistance from the Transportation, because obviously they're wizards in that territory. That's all I was looking for. COMMISSIONER SHEA: Part of that sidebar was really -- we were talking with Amy, and they've done this before, where you get a bunch of smart people together, look at the specific problem, and a lightbulb goes off, and you have a temporary fix. MS. LOCKHART: And I've already reached out to a colleague in the county's Transportation Department to see if we could get together, have a discussion, identify do they have traffic counts there? What are they, you know, for traffic counting for the morning? Because I think we've identified that's the time frame. And also what influence does the 20-mile-per-hour speed limit, you know, and what -- what impact does that have on the traffic. Because any amount of stacking, you know, if you're going 20 miles per hour, you're going to get frustrated with that. So I've already reached out to her. We're going to -- we're going to meet, just kind of identify the problem, you know, and see what we can do. Have her colleagues and ours meet on campus and see how the traffic's flowing. COMMISSIONER SPARRAZZA: Visually evaluate it. MS. LOCKHART: Visually evaluate it. COMMISSIONER SPARRAZZA: And our sidebar conversations have initiated what we need to, just that extra phone call -- and thank you, Amy, for taking the time to do that -- has done it. I would just hate, with all of us sitting here, nothing gets done. And your phone call has probably been the -- MS. LOCKHART: Well, an email. COMMISSIONER SPARRAZZA: -- initiation on it, so that's great. CHAIRMAN FRYER: Commissioner Vernon, did you want to be heard? COMMISSIONER VERNON: Yeah. Amy's already doing what you've suggested, so we probably don't need anything. But what I'm thinking in the fixture the way it would work is you would -- let's say if Amy wasn't here, we would dictate on the record and turn it into a three -sentence Page 59 of 62 Packet Pg. 130 December 1, 2022 5.B.a memo that would go to -- it would say, Dear School Board, it came before us, a project in this area, we notice that the traffic from the schools is troubling, difficult. We just wanted to alert you and see if there's anything you can do, or if we have an idea, you know, we know it's outside our purview, but we discussed this might be a possibility. Throw that idea in there. You send it out, we put it in our file, and that way our ideas/discussions that, as Joe says is, you know, outside our purview, which should be outside our purview, just don't get lost in the ether. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I would just like to say --on a different matter, though. So I don't want to interrupt this matter. CHAIRMAN FRYER: Go ahead. COMMISSIONER KLUCIK: All right. So I'd like to say, go Army, beat Navy, and Merry Christmas to everybody. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHMITT: Beat Navy. CHAIRMAN FRYER: Thank you. All right. Anything further on this subject matter? (No response.) CHAIRMAN FRYER: If not, any other new business? (No response.) CHAIRMAN FRYER: If not, we go to public comment, and I believe we have a member of the public who wishes to be heard on a matter that was not on our agenda today; am I correct? MR. YOUNGBLOOD: Mr. Chairman, we have one speaker, Garrett Beyrent, and he will be our only speaker on this item. CHAIRMAN FRYER: Thank you. MR. BEYRENT: For the record, Garrett F.X. Beyrent. This is my 52nd year in front of this podium right here. When I walked in this building, I was a young man. I was developing in East Naples. Big mistake 52 years ago. Anyhow, long story short, I didn't spend all of the 52 years here. I spent two of them across the street in the county jail. Now, how I got in the county jail was very interesting. I had a meeting with the school board when they were purchasing what you guys know as the Golden Gate High School. There was a little problem. I owned all the property on Magnolia Pond Drive, all the property that was preventing the school from ever being built. The problem was the easements that aligned the different sections were skewed by 35 feet, and for me to provide a road, which you know as Magnolia Pond Drive, to what was going to be the Golden Gate High School, I was going to lose $440,000 in apartments, and that was a lot of money 25 years ago. So I said maybe we can do something with this. So the purchaser of all these properties that you guys know as Golden Gate High School was a guy whose initials were MLK. That was not Martin Luther King. It was Michael Lucius Kirk. And Mike came to me. He was a really religious guy. He spent his weekends touring Atlanta, Georgia, speaking in black churches generating interest in the movement of the black nations. In any case, I said, well, what can we do? He said, well, first of all, you're going to have to help us straighten the road out, and I'm going to give you this blueprint. Big mistake. It wasn't the size of this paper. It was three feet wide and nine feet long. It was a blueprint. It was the high school, my property, and Magnolia Pond Drive all the way out to Collier Boulevard. At that time it was called CR951. In any case, I said, well, what do you want me to do with this? Don't you got a smaller piece of paper? And he says, no. He says, that's all I got is this giant blueprint because it shows every segment of the road. Page 60 of 62 Packet Pg. 131 December 1, 2022 5.B.a So I said, well, what am I going to do with this? He said, why don't you take it home, put it up on your dining room wall, and study it, and maybe you can figure out a way to change the road a little bit so you don't lose so much money. And me being a trusting soul, I said, okay, I'll do that. And I went home to my little wooden shack up in Pine Ridge, and I put up on my dining room wall this giant blueprint, and I started studying it every night. I'd look at it and say, now, if I turn the road a little bit, move it this way, I'll only lose, like, $250,000, and do it this way. And, finally, I said, I don't think I can actually work a design plan that will accommodate this new Golden Gate High School. So I just hang it on the hall. Mike didn't call me for awhile. And oddly enough, I woke up one morning, my barn was on fire. My barn's an old dilapidated barn. COMMISSIONER KLUCIK: Mr. Chair? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yeah, just a point of order. I mean, I don't mind hearing what the witness -- or the -- our friend has to say, but I'd like to hear the point, because it's been four minutes now. MR. BEYRENT: Okay. Well, that's the problem. That's why I wait till the end of the day because I figured this is a long story. It's hard to make it short. Making it very short at this point, what happened was, that blueprint that was hanging on the wall while my barn caught on fire -- I was awake, and I went out and I put my barn out -- I put a hose to put the barn fire out. The Fire department shows up, and they put the foam all over the whole barn. It was just like a couple sticks. Homeless people were occupying the barn. Didn't know that. Looked for Twinkie papers and bottles of water. Anyhow, what happens is, they look at my wall and they say, wow, what are you doing with a blueprint of a high school on your dining room wall? And I said, well, that's not even going to be built unless I can build a road into it. And he said, well, you know what, you're under arrest, and he handcuffs me in my dining room, puts handcuffs on me, said, we're going to arrest you for burning your barn. And I said, burning my -- why would I burn a dilapidated barn on my own property? He said, we're just arresting you because this whole thing is suspicious. Your house is suspicious. You're suspicious. And I went to jail, and I spent two years right across here, right in this jail, okay, waiting to be deported to Guantanamo Bay because they were charging me with urban terrorism, and that's how crazy the world was three months after Columbine. So, naturally, I was very distressed, but I learned a lot over there across the street. I learned about all the bad people that were being -- every other week I got a new murderer to share my cell. Three man to a cell, not good. In any case, that isn't really why I got up to speak. I got up to speak about the FEMA flyers you guys got out here, because this is the worst of anything I've ever seen. CHAIRMAN FRYER: I'm going to ask you to wrap it up in about a minute, sir. MR. BEYRENT: Okay. In one minute, if you look at your FEMA list out here -- it's in the hallway -- because I'm one of the FEMA victims. I had two cars washed away underneath my condominium. FEMA, basically they tell people they're going to do things for you, and they're really not. They're going to give you a $1,000 voucher you can take and buy a grand new car if you can afford one. And don't read -- this is a two -page document. This is the second page. That's when they tell you your car needs to go to a junkyard; we ain't buying it. Thank you for letting me say that. CHAIRMAN FRYER: Thank you, sir. Anything further from the public? (No response.) CHAIRMAN FRYER: If not, without objection, we're adjourned. Page 61 of 62 Packet Pg. 132 December 1, 2022 5.B.a There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:53 p.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 62 of 62 Packet Pg. 133 9.A.1.a TO: FROM: HEARING DATE: SUBJECT: i Co ii -r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION JANUARY 5, 2023 PUDR-PL20220003938, KAICASA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) PROPERTY OWNER/APPLICANT AND AGENTS: Owner: Agent: Habitat for Humanity of Collier County, Inc. Amanda Martin, AICP c/o Lisa Lefkow Johnson Engineering, Inc. 11145 Tamiami Trail East 2350 Stanford Court Naples, FL 34113 Naples, FL 34112 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance No. 07-34, as amended, the Kaicasa Residential Planned Unit Development to change the affordable housing income levels from at or below 60% of area median income to up to and including 120% of area median income, and providing an effective date. GEOGRAPHIC LOCATION: The subject property, consisting of 100± acres, is located along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846, in Section 12 and 13, Township 47 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PUDR-PL20220003938, KAICASA RPUD Page 1 of 10 December 2, 2022 Packet Pg. 134 (and21 eSeo!eN `8E6E000ZZOZ-ld : LZObZ) `dZZ-Z-Z� :podau i}elg :juauayoelid 0 0 F � J p � 4 �f O - 3 U. a M a W 0 R a N/W ,I r i■ i i. ME iW Wte • ■ Q C_ �C 0 N 0 0 N N 0 J a. N z C> 0} Lf C 0 J LO M a Y V M a PUDR-PL20220003938, KAICASA RPUD Page 2 of 10 December 2, 2022 9.A.1.a GGLL#le w+4 HOLO##Qis. LTu Cii TeYE ,ram hPl BVFFR - R � — LP4E S _ Fp' TYPE 'A' ' I I R I 9LIF3�8 I I I HIGH CZL., RE5 1.1E AG I R% ` + I R — + R x L IV TWE -0• I I OufPER I I +MEEROVE ' I i G7LL�ER C9VHTY I HCUSNO FARWOORKER-A 1 Y1K�Y� v t rPR y I k ti I I -2t AC zir .� I I R r R I I % \ I \ \ HIL1H RE91DIEhTUY 70 NPE 'R' WAFM 0 125- 250' MW SCALE' 1' _ = HO-DflC& LTO AbMD LAW USE KEY F[551CIq�Tri'LAL ITiI 'Sim Pum1YT, NIYCMd ar -r.p Fa m7& - sera LA 4fn nupwx -dabMi� {'Qnurrpn %r -Open Spy -N[W Mryyrr rdj Wen -r41 La1 Reeeeutlon �SrEF L.�GEr+IB PAEaEm AMk OMkreh YVMdjVLfhT AFWL — RRQiSuuaaar �M�IK-0F�iSY fEtu,ClMrmx.,c ouc�cr,},.ygw Lllt AMAOMPw DMNCLAWWKAIw PROOJECTIAND ME REBEMA11ALUSEAIREA L.AKr 4.0l� AiG= PRGWRVE' w. re AC; ROALLSMO W 12 fs 8 x lOiLLNETACR£ACE ICO. WOACx M' RWC1JSJAMA 25.'AACx W14IM MNW-M tFlAGQ0M d>41.1pA1= 4M LWFEW10D AC. - i k*M 12E)t ACRE Mr.? MASTER FLANMM sv.r� [h R4 L*Le--"6pi . 1-d plr.,�Nrua iaiH aw emar YidnLP/Ef{}gp-p ,h I it WO mak, prL YLD 3c mrrMda,d w.cepl[L b I !.T'MkohlnLmh"aFdra%waisshenikdm.�I or�60•ai4 �. the �i uA psi�hlw,� 0'r,u lMo-a`arR4-Am ie pi+lb RuE #9 itLE he � � xlA Ju FkA& Zkp*bw W o�ii TPVA— J.whifftheILA►RFM.%60.a w—�pmF. LUIEark.r..0r�r-ner 4M &e 0.4eac Amin:oon, o-w�e ve�llulpry dw I bL lMLLvAar-rM. q +w1Mid P•ex,wud,plYd ;re,nrx�m ..;.�•�;.,;,. with CUM Cap [end ?k In7R•rm raLk 9RY' SiRi4ia 71 " } CDC U W PARTWMSMP ]t .. LF IrffE9lli�kidLLB. 'A 6MWM OF .30.0 ACKS VkL ICE CELNEAWD FOR TK Pylfpg DF ;'KMV>v 1 TRACTS LW THE PRAL DERM ANO PIATWG. E7yT EASEMENT A LMIMUM OF 24.11 ACRES 5 FrECURFD PER THE LDC riAln%% WEXIAT5M FhC1EWB1 N REWIRLUCn7 ON %TL LUHIiE81pEMiL„ Revised. June 22, 2022 2350 WANFOR6 L1,L*rT i A RC LJU �e'I'APLFor, (s3BjMvA 34112 MASMR PLAN ENGINEERING E`a 0333 #S AIL& 05 r*a¢rLlq p"N% 71 LACY 7006 24pLft 1i-4y—ip 7 -00 ,XH,,,F 2 [L La to R ci Y O M CO) O O O N N O N J [L ti N O It v Q N N N N_ O Q R a d t U LC Q PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 3 of 10 Packet Pg. 136 9.A.1.a PURPOSE/DESCRIPTION OF PROJECT: The Kaicasa PUD, a Habitat for Humanity project, was approved for 400 residential dwelling units on a 100± acre property or 4 dwelling units per acre (DU/A) in 2007. (See Attachment B-Ordinance 2007-34.) The PUD includes a commitment that all units will be sold to households earning at or below 60% of the area median income (AMI). The PUD was not subject to an Affordable Housing Density Bonus Agreement as the PUD density is well below the maximum permissible density of 8 DU/A. The petitioner proposes to increase the maximum threshold of 60% AMI to 120% AMI to broaden the range of people who can be served by affordable housing. The petitioner is also incorporating a recent insubstantial Master Plan change that relocated an amenity center and two scrivener's errors that were approved in 2008 and 2010 into the PUD Ordinance. (See Attachment A -Proposed Ordinance.) SURROUNDING LAND USE AND ZONING: North: Vacant land with a zoning designation of Agriculture -Mobile Home Overlay (A -MHO) East: Vacant land with a zoning designation of Agriculture -Mobile Home Overlay (A -MHO) South: State Road 29, a two-lane Principal Arterial road, and then Vacant land with a zoning designation of Agriculture -Mobile Home Overlay (A -MHO) West: Farmworker's Village, a residential development with a zoning designation of Residential Multi -family (RMF-6) and Residential Single-family (RSF-4) PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 4 of 10 Packet Pg. 137 9.A.1.a AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 5 of 10 Packet Pg. 138 9.A.1.a for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review." In addition, staff offers the following analysis: Zoning and Land Development Review: Zoning staff has reviewed the petition and recommends approval of the proposed PUD Amendment. As previously stated, the PUD includes a commitment that all units will be sold to households earning at or below 60% of the area median income (AMI). The petitioner proposes to increase the maximum threshold of 60% AMI to 120% AMI to broaden the range of people who can be served by affordable housing. Housing Review: Housing staff has reviewed this petition and has no objections to modifying and increasing the income targeting from 60% to 120% of AMI. The income targeting under the original PUD was provided voluntarily by Habitat and was not in exchange for additional density. Therefore, housing staff recommends approval of the proposed PUD Amendment. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as undeveloped lands to the north, east, and south. Land to the west is developed with residential land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 6 of 10 Packet Pg. 139 9.A.1.a At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to increase the maximum threshold of 60% AMI to 120% AMI to broaden the range of people who can be served by affordable housing. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment will have no impact on living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed PUD Amendment will have no impact on traffic. 8. Whether the proposed change will create a drainage problem. The overall drainage system is in place. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will have no impact on light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. The proposed PUD Amendment will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 7 of 10 Packet Pg. 140 9.A.1.a The proposed PUD Amendment will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD Amendment will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed PUD Amendment will not change the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or the county 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The proposed PUD Amendment does not change the existing land use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The proposed PUD Amendment does not change the degree of site alteration which would be required. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The proposed PUD Amendment does not change the impact of development on the availability of adequate public facilities and services. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 8 of 10 Packet Pg. 141 9.A.1.a To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD Amendment does not change the type and pattern of development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has found this petition consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD Amendment does not change the previous finding that the landscaping and buffering standards are compatible with the adjacent uses. This PUD Amendment will not change the project's compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project remains unchanged and meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD Amendment does not change the previous finding of adequate available public and private improvements and facilities. PUDR-PL20220003938, KAICASA RPUD December 2, 2022 Page 9 of 10 Packet Pg. 142 9.A.1.a 7. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed PUD Amendment does not change the previous finding of the ability of the subject property and surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD Amendment broadens the income levels served and meets the public purpose by providing a range of housing ownership opportunities at affordable levels to serve the community. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on November 21, 2022, at Lipman Family Farms Conference Room, located at 306 East Main Street, Immokalee, Florida. A supportive future resident attended the meeting along with the Agent's team, the Applicant, and county staff. For further information, see attached Attachment C NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on December 2, 2022 RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20220003938, Kaicasa RPUD to the BCC with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance 2007-34 Attachment C: NIM Summary Attachment D: Application PUDR-PL20220003938, KAICASA RPUD Page 10 of 10 December 2, 2022 Packet Pg. 143 9.A.1.b ORDINANCE NO.2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07-34, AS AMENDED, THE KAICASA RESIDENTIAL PLANNED UNIT DEVELOPMENT TO CHANGE THE AFFORDABLE HOUSING INCOME LEVELS FROM AT OR BELOW 60% OF AREA MEDIAN INCOME TO UP TO AND INCLUDING 120% OF AREA MEDIAN INCOME; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 100f ACRES, IS LOCATED ON THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY TWO MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846 IN SECTIONS 12 AND 13, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20220003938] WHEREAS, on March 27, 2007, the Board of County Commissioners approved Ordinance No. 07-34, which established the Kaicasa Residential Planned Unit Development (PUD); and WHEREAS, the PUD was amended by Ordinance Nos. 08-15 and 10-35 and administrative minor master plan change in PL20220004449; and WHEREAS, Amanda Martin, AICP, of Johnson Engineering, Inc. representing Habitat for Humanity, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 07-34, the Kaicasa PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section 5.4, Schedule of Development/Monitoring Report and Sunset Provision, of the Planned Unit Development Document, attached to Ordinance No. 07-34, as amended, Kaicasa PUD. Section 5.4, Schedule of Development/Monitoring Report and Sunset Provision, attached to Ordinance No. 07-34, as amended, is hereby amended to read as follows: [22-CPS-02273/1753490/1140 Kaicasa /PL20220003938 Text added is underlined; text deleted is strdGk thmugl 1 of 3 11 /09/22 Packet Pg. 144 9.A.1.b 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION B.A. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households ° earning up to and including120% of the median annual heuseheld ineeme Area Median Income (AMI) in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least been th�(1-5-) (30) years from the date of issuance of a certificate of occupancy (CO). As part of the annual PUD monitoring reportthe developer will include an annual report that provides the progress and monitoring of the affordability commitment. E.B. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. SECTION TWO: Addition of Section 5.9, Miscellaneous, to the Planned Unit Development Document, attached to Ordinance No. 07-34, as amended, Kaicasa PUD. Section 5.9, Miscellaneous, is hereby added to the PUD document attached to Ordinance No. 07-34, as amended, as follows: 5.9 MISCELLANEOUS "Pursuant to Section 125.022(5) F.S. issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite pprovals or fulfill the obligations imposed by state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [22-CPS-02273/1753490/1]40 Kaicasa /PL20220003938 Text added is underlined; text deleted is stFuGk thmugh. 2 of 3 11 /09/22 Packet Pg. 145 9.A.1.b PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 52022. ATTEST: CRYSTAL K. KINZEL, CLERK By: Deputy Clerk Approved as to form and legality: L 2 Heidi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman [22-CPS-02273/1753490/1140 Kaicasa /PL20220003938 Text added is underlined; text deleted is struck-tl}reugh. of 11/09/22 Packet Pg. 146 9.A.1.c 61$g101172j3a /� "� 3 N -, Q0 0 ti o ti, �Ol28=f�9ZSZb2���1, ORDINANCE NO. 07- 34 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 ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE -HOME OVERLAY (A -MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN SECTION 12, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Laura Spurgeon, AICP of JOHNSON ENGINEERING, INC., representing HABITAT FOR HUMANITY OF COLLIER COUNTY INC., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 47 South, Range 27 East, Collier County, Florida, is changed from the Agriculture Mobile -Home Overlay (A -MHO) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District known as Kaicasa Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Packet Pg. 147 9.A.1.c SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this J 7 day of 0 6- r ?- L L , 2007. ATTEST: '5.6' y DWIGHT�'-BRO ,CLERK D pu +Clerks .'j' 'm5 to Chairman Approyed aR` IfotPn and legal sufficiency Marjori . Student -Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: J ES COLETTA, CHAIRMAN This ordinance til with thl 5ecr terry of S ate'stOffice the and acknowledgemenj,of tho film received ifiis _ der, of k' Z f) oea„+v irk Packet Pg. 148 9.A.1.c Community Development and Environmental Services Division KAICASA RPUD /1 RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" Packet Pg. 149 TABLE OF CONTENTS 0 (L PAGE c� LIST OF EXHIBITS AND TABLES c� Y STATEMENT OF COMPLIANCE ii o0 M 0) SECTION I PROPERTY OWNERSHIP & DESCRIPTION I -I through I-2 M 0 0 SECTION II PROJECT DEVELOPMENT II-1 through II-2 N c N J SECTION III RESIDENTIAL AREAS III -I through D1-3 a SECTION IV PRESERVE AREAS IV-1 through IV-1 ti N SECTION V DEVELOPMENT COMMITMENTS V-1 through V-3 M SECTION VI DEVIATIONS VI-1 Packet Pg. 150 9.A.1.c LIST OF EXHIBITS AND TABLES EXHIBIT I Location Map EXHIBIT 2 RPUD Master Plan TABLE 1 Project Land Use Tracts Page II -I TABLE 2 Development Standards Page I11-2 Packet Pg. 151 9.A.1.c STATEMENT OF COMPLIANCE The subject property consists of 100+ acres of property in Collier County, Florida, and will be developed as a Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within the Immokalee Planning Community. The proposed development will consist of up to 400 residential dwelling units in the form of single-family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) for the following reasons. 1. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated High Residential District on the Immokalee Area Master Plan (TAMP) Future Land Use Map. According to the IAMP, the purpose of the High Residential District is to provide for a district of high density residential development. Residential dwellings shall be limited to multi -family structures and less intensive units such as single family and duplexes provided they are compatible with the district. A density less than or equal to eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the parameters described in the IAMP for the High Residential District, and satisfies Objective 1I.1 of the IAMP. 2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non -motorized vehicles consistent with Objective VI.I of the IAMP. In accordance with GMP Future Land Use Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown (FLUE) on the master plan. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining development which is the Farmworker's Village residential project to the west. The Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The proposed development will be consistent with all these designations for future use of surrounding properties. 4. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub -Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the IAMP. 5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the IAMP based on the following relationships to required criteria: Density per High Residential designation on Immokalee Future Land Use Map 8 DU/A Affordable housing density bonus 8 DU/A (100% are for low income households) Permitted density 16 DU/A PROPOSED DENSITY 4 DUTA 400 units on 100+ acres (gross acreage for residential use) 6. The provision of affordable housing in this development is consistent with Goal I of the Housing Element of the GMP and Goal III of the IAMP by creating affordable housing for residents of Collier County, including low and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of affordable housing units to meet the housing needs of the County which is consistent with Objective 1 of the Housing Element. 7. All final Iocal development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance in accordance with Policy IL 1.2 of the IAMP. ii Packet Pg. 152 9.A.1.c SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Kaicasa RPUD. 1.2 LEGAL DESCRIPTION The subject property, being 100+ acres, is described as: That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East, and that portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East, Collier County, Florida, described in O.R. Book 2153, Page 1901, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section 12; thence North 02°13'13" West along the West line of Southwest 1/4 of said Section 12, a distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest corner of the Southwest 1/4 of said Section 12; thence North 02°13'27" West along the West line of the Northwest 1/4 of said Section 12 , a distance of 179.09 feet' thence departing said West line, North 87°46'47" East a distance of 1235.30 feet; thence South 02"13'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right-of-way line of State Road No. 29; thence North 45°03'20" West along said Northerly line a distance of 730.92 feet; thence North 44°55'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02°19'02" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. A site location map is provided as EXHIBIT 1. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located at the southwest corner of Section 12, Township 47 South, Range 29 East and at the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A -MHO, Rural Agricultural with Mobile Home Overlay. I-1 Packet Pg. 153 9.A.1.c 1.5. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District. The natural drainage of the site is in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn, discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan. Water management for the proposed project is planned to utilize existing wetland features with added capacity in lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however, has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Firm Map Panel Number 150 (12021CO150G) dated November 17, 2005. The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDA/NRCS Soil Survey for Collier County, Florida. 1.6. PROJECT DESCRIPTION The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features, preserve areas and a recreation area. The site shall be designed, permitted and developed in phases through estimated buildout in 2009. 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance." I-2 Packet Pg. 154 9.A.1.c SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2. GENERAL Regulations for development of the Kaicasa RPUD shall be in accordance with the contents of this Document, RPUD- Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by EXHIBIT 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary water management Iakes, street rights -of -way, the general configuration of which is also illustrated by EXHIBIT 2. TABLE I Project Land Use TYPE UNITS ACREAGE Residential Single-family attached or 400 DU 48.05 ACRES detached, zero lot line, two-family, duplex, or multifamily dwelling units Lakes 9.02 ACRES Preserve Preserves (minimum. 24.1 acres) including upland buffers 30.18 ACRES Roadsi fight -of -Way 12.75 ACRES 100.00 TOTAL ACRES B. Areas illustrated as lakes on EXHIBIT 2 shall be constructed as Iakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EXHIBIT 2. Minor modification to all tracts, lakes or other boundary may be permitted at the time of plat or site development plan approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document- C. In addition to tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi-public) shall be established within or along the various tracts as may be necessary. II-1 Packet Pg. 155 9.A.1.c 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 400 residential dwelling units shall be constructed in the total project area. The gross project area is 100+ acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a site development plan and/or subdivision plat shall be submitted for the project. II-2 Packet Pg. 156 9.A.1.c SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated as residential tracts on EXHIBIT 2. 3.2. MAXIMUM DWELLING UNITS A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single-family detached dwelling units (A building which contains only one dwelling unit and is intended, designed, used and occupied by no more than one family); (2) Zero lot line dwelling units (A single-family attached or detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other); (3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership); (4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership); (5) Single-family attached dwelling units; (6) Multi -family dwelling units. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Common recreation amenities and play areas. 3.4. DEVELOPMENT STANDARDS (See Table II) A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See Table ll, Schedule of Development Standards). B. BUILDING HEIGHT: Building height shall be measured from the finished first floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. C. GARAGE REQUIREMENT: A minimum of a single car garage is required for each dwelling unit. III -I Packet Pg. 157 9.A.1.c TABLE 2 Development Standards for Residential Areas Single- Zero Two- Duplex -- unit is Single -Family Multi -family Family Lot Family fee simple, lot Attached Detached Line fee is common simple ownership lot PRINCIPAL STRUCTURES n mum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s.f. 9,000 s.f s. f. Minimum Lot Width' 35 feet 35 feet 35 feet 70 feet 17 feet 90 feet Minimum Floor Area 900 s.f. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Side Yard Setback' 5 feet 0 feet or 0 feet or 5 feet 10 feet 10 feet 5 feet 5 feet Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Preserve Setbacks 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Between Principal Structures ACCESSORY STRUCTURES Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Side Yard Setback S.P,S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet (Accessory) Preserve Setback6 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 0 feet or 10 0 feet or 0 feet or 0 feet or 10 feet 0 feet or 10 feet 0 feet or 10 Between Principal and feet 10 feet 10 feet feet Accessory Structures' ' On cul de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%. 2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk. ' For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of the principal structure. A minimum 10 foot separation between principal structures shall be maintained. 4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20 foot lake maintenance easement. 5 Preserve setback for principal structures also applies to under roof attached structures part of the primary structure. ' Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. 7 Attached accessory lanais or roofed screened areas qualify for 0-foot separation. Detached accessory structures require a minimum of a 10-foot separation. III-2 ti M U Y 00 M rn M 0 0 0 N N 0 N J o. ti 04 0 N Packet Pg. 158 9.A.1.c Development Standards Notes: S.P.S.: Same as Principal Structure Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the deg-]: ament standards to be applied by the Customer Services Department during an application for a building permit. III-3 Packet Pg. 159 9.A.1.c SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a natural or enhanced state. The Master Plan shows up to 30.18 acres of preserved native vegetation, a minimum of which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum requirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD. 4.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits, when required: A. Principal Uses: (1) Open spaces/nature preserves; (2) Water management structures; (3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall not reduce the retained native vegetation below the minimum required. IV-1 Packet Pg. 160 9.A.1.c SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2004. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% of the median annual household income in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a certificate of occupancy (CO). C. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. V-1 Packet Pg. 161 9.A.1.c 5.5. TRANSPORTATION A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse curves on any project streets. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. C. Arterial level street lighting shall be provided at the development main access point. Access lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown on the Master Plan, F. Site -related improvements (as opposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No_ 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer, and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County right-of-way or easement, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. 5.G. STORMWATER MANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials. Water management V--2 Packet Pg. 162 9.A.1.c infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on -site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. V-3 Packet Pg. 163 9.A.1.c SECTION VI DEVIATIONS Deviation #1 seeks relief from LDC Section 6.06,01.0 (also Construction Standards Manual as revised in Supp. 17, 03-55) which requires minimurn local street right-of-way width of 60 feet. Section 5.5.A. of the RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas of the property for enhanced environmental quality. Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both sides of local streets. One 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood to on -site destinations as well as off -site to Farmworker's Village. This deviation will not adversely impact pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water quality and storm attenuation. Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55, which requires tangents for all streets between reverse curves, unless otherwise approved by the community development and environmental services division administrator. Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project streets." This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super -elevated curves. With a speed limit of 25 miles per hour, the design promotes traffic calming. VAT-1 Packet Pg. 164 i .T 1 Immokalee _.. Ai rport I � i ,. CMNQYiNI'XCIA uj I B° g. {� 1.25D Z5M 5.0m FM aMasa FiPUD %F;-Ul ErtWf LUCK" Mm h eaffAT Caoff Iert1 FOR K1MMITY f41GWI 43"333 on r rra �uMo +ww ..-I F9-M J��w ? t� L� ** i1 t E N N F E R N 6 "x(a39► "m ii 1 i f:Ni 7/�IR tlf tH7.� q&Y�w o. C M CA M O O O N N O N J a N O N M ti O d U C I6 C O m v Q U IC rr Q EXHIBIT I Packet Pg. 165 9.A.1.c COLLIER LAND HOLDINGS, LTD 10' TYPE "A" A -MHO BUFFER R — — RICH RESIDENTIAL 10' TYPE "A'� 2SAAC R I }� I I 10 TYPE "A" BUFFER I I I BUFFER �I _ 7 .— L-- J. — — — / f / R I HIGH LAKE d RESIDENTIAL I 1.48. AC _ I - 'PRESERVE ' \ \ TO \ LOT 0 125' 25p' 500' R\ \ SCALE: 1 — 500' I \ \ �1 f R 1 a*- i 4 10' TYPE '0" I R I t BUFFER RriF&RVE - I 4 COLLIER COUNTYHOUSINGAUTHORRY FARMWORKER'S VILLAGE l R9FJ L A — R n Bg.B. FF E FFER to p A -MHO N 20' TYPE t BUFFER O 1 \ \ LAKEZ} } 1 \ \ ♦ xz1-Ar' I I R N \\\ \\ I I \ \ \\ \ \ R \\ I I "D + \ \ \ \ `R \ \ \\ f \ \ > /TOT LOT C � \ SILVER STRAND III - PARTNERSHIP A -MHO PRESERVE COLLIER LAND HOLDINGS, LTD A -MHO LAND USE KEY RESIDENTIAL (R) -Sirgta Family, Attached or Detached -Two Famiky - Zero tot Line -Duplex -Multflamlly -Common Area -Open Space, Water Maneeernent Areas -701 Lot Recreation Area LEGEND PRESERVE AREA WATER MANAGEMENT AREA RPUD BOUNDARY RuGHT.OF-WAY pU0 ADJACENT ZOMNG CLASSIFICATION LUC ADJACENI LAND USE CIASSIFICAT{ON PROJECT LAND USE RESIDENTIAL USE AREA 48,05ACi LAKE 9.02 ACt PRESERVE* 3018 ACt ROADSIROW 12.75 ACx TOTAL NET ACREAGE 100.110 ACt IMPERVIOUSARPA 23.50AC3 MINIMUM OPEN SPACE(60%) 60.00 AC:* 400 UNITSFIOD AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: I.Open space shall include active end passive mcroalion areas such as playgrounds, gulf cou-4 beach fmntago, waterways legoum, good plains, nature trails and other sumil}ar open spas.., including areas set aside far proserv.tioa ofnaliw vsVladoil & landscaped areas. 2. The RPUD master pleas eh.ell be c9oWered eooceparal in nature. 3. The total number ordwclling units is limited to a mpxlmwn of 4D0 units 4. The design and permitting of all improvements within the, dghRatLway of Sr.m Rood 29 .hail be in accmdancn with the Florid. Department of'Transpndallon Mqultemcnts. 5. Within the Knscau RPUD, a 60a: minimum! open IPWc shall beaohteved overibe Whole devcl0Po1VPL A minimum 25% napve vegan tion shall be renamed onsite to i.clado watlund preserves and upland prca0rves in aecordirwo Wilk collier Courtly Lead Doveloptn"I Code. CDC LAND INVESTMENTS. INC. A -MHO iA MINIMUM OF 30.0 ACRES WILL BE DELINEATED FOR THE PURPOSE OF PRESERVE 100' CANAL TRACTS IN THE FINAL DESIGN AND PLATTING. EASEMENT A MINIMUM OF 24.11 ACRES IS REQUIRED PER THE LDC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE. LOW RESIDENTIAL \ NAPL S.COURT NAPLES, FLORIDAFLOR}34112 PHONE (239) 434-0333 FA E N G I N EERING E.Bx0842 }dt434-9320 LEL 0642 KAICASA RPUD MASTER PLAN ATE PROJECT NO, I FILE NO. SCALE SHEET OCT 2006 20055195 12-47-29 1" + 500' 1 EXHIBIT 2 0 a (n tT1 v Y 00 M O M O O O N 04 O N J a I- N O v M ti O d C ca C M0 W C d L V a C d L t� fC w rr Q EXHIBIT 2 Packet Pg. 166 9.A.1.c STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-34 Which was adopted by the Board of County Commissioners on the 27th day of March, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of April, 2007. DWIGHT E. BROCK Clerk of Courts and''Clerk Ex-officio to .ofj. County Commigsi ers P4' y: Teresa Polaski, Deputy Clerk Packet Pg. 167 9.A.1.d Kaicasa RPUD PUD Amendment PDI-PL20220003938 Neighborhood Information Meeting Summary Date: Monday, November 21, 2022 Time: 5:30 pm Location: Lipmans's Conference Room , 306 E. Main St. Immokalee, FL 34142 Attendees: Amanda Martin and Kaitlyn Zindle (Johnson Engineering, Inc.) Lisa Lefkow, Mara Foley and Wilna Cariany (Habitat for Humanity of Collier County, Inc.) Nancy Gundlach (Collier County Growth Management) See attached sign -in sheets for public attendees. Meeting Summary: The meeting started at approximately 5:30 p.m. One additional attendee was present and inquired about homeownership qualifications (sign -in sheet attached). Amanda Martin introduced herself and the applicant representatives, Reverend Lisa Lefkow, Mara Foley and Wilna Cariany of Habitatfor Humanity of Collier County, Inc. She also noted that Nancy Gundlach, the Collier County Planning reviewer was in attendance and the meeting was being recorded. She explained the requirement for a Neighborhood Informational Meeting (NIM) is to discuss the two proposed changes for the previously approved Residential Planned Unit Development (RPUD). She gave background on the location of the Kaicasa RPUD and the 2007 RPUD approval noting that no bonus density was received although affordability commitments were made in the PUD document. There is no request to change the previously approved Master Plan, density or uses. Since the initial approval in 2007, not only has Habitat for Humanity adjusted their policies, but the economy and goals for the Immokalee community has changed overall. Ms. Martin explained that the first request is to revise the income levels served from at or below 60% of median household income to serve up to and including 120% area median income (AMI). This change will bring the PUD commitment up to date with current policy of Habitat for Humanity, which is to provide home -ownership opportunities that are affordable for a mix of income levels. This request aligns with the recently adopted Immokalee Area Master Plan Housing Goal 4.2.3 which aims to "Provide a mix of housing types and price points to allow for safe, high -quality dwelling unit options in Immokalee." The second request is to increase affordability commitment from a period of at least fifteen (15) to thirty (30) years from the date of CO (certificate of occupancy). By extending the timeframe it will ensure the long-term affordability for homeowners. A participant asked how the proposed changes impact his application process. The applicant's representative inquired about the participants income level and estimated that his income level falls within the 60% AMI level, which meets the proposed income level affordability commitments. The meeting concluded at approximately 5:40. Page 1 Packet Pg. 168 CoAr Count y 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. Name of Property Owner(s): APPLICANT CONTACT INFORMATION Habitat for Humanity of Collier County, Inc. Name of Applicant if different than owner: c/o Lisa Lefkow Address: 11145 Tamiami Trail E City: Naples State: FL Telephone: 239-775-0036 Cell: E-Mail Address: Ilefkow@habitatcollier.org Name of Agent: Amanda Martin, AICP Firm: Johnson Engineering, Inc. Address: 2350 Stanford Court Telephone: (239) 461-2487 city: Naples Cell: (239) 200-7383 E-Mail Address: amartin@johnsoneng.com Fax: ZIP: 34113 State: FL ZIP: 34112 Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Packet Pg. 169 9.A.1.e CoAr Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property. Residential construction underway Proposed Use (or range of uses) of the property: Residential Original PUD Name: Kaicasa RPUD Ordinance No.: 2007-34, 2008-15 (scrivener's error) and 2010-35 (scrivener's error) PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 12and13 47s 29E Lot: Block: Subdivision: Metes & Bounds Description: See attachment Plat Book: Page #: Property I.D. Number: 00137521009 and 00137241004 Size of Property: 11300.0 ft. x 3,346.4 ft. = 4,350,337 Total Sq. Ft. Acres: Address/ General Location of Subject Property: 2306 SR 29 PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: +/-100 ❑ Industrial March 4, 2020 Page 2 of 11 Packet Pg. 170 CoAr Count y 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N A -MHO High Residential (Immokalee) - Vacant Ag S A -MHO Low Residential (Immokalee) - Vacant Ag E A -MHO High Residential (Immokalee) - Vacant Ag W RSF-4/RMF-6 High Residential (Immokalee) - Farmworker's Village If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 92and13 47 29E Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: 00137521009 and 00137241004 Metes & Bounds Description: See attachment ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Immokalee CRA Mailing Address: 750 South Fifth Street City: Immokalee State: FL Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: ZIP: 34142 State: ZIP: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Packet Pg. 171 9.A.1.e Co*eY Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 Packet Pg. 172 9.A.1.e CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E, of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Packet Pg. 173 9.A.1.e CoAr Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Name of Applicant(s): Address: Telephone: E-Mail Address: STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Utilities not applicable to this request Cell: Address of Subject Property (If available): City: Section/Township/Range: State: ZIP: Lot: Block: Subdivision: Metes & Bounds Description: City: State: ZIP: PROPERTY INFORMATION Plat Book: Page #: Property I.D. Number: Fax: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: March 4, 2020 Page 6 of 11 Packet Pg. 174 9.A.1.e Co*eY Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Packet Pg. 175 9.A.1.e Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Kaicasa RPUD (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate '°"R5onEn9i—rl°9Inc. (A—ndsM-fin) legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with a i terms, conditions and safeguards of the planned unit development. Own r Owner Lisa Lefkaw I ) Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The fore oing instrument was acknowleged before me by means of hysical presence orE]online notarization this day of > 20L7, by (printed name of owner or qualifier) Lisa Lefkow 5uc eI rson(q Notary Public must check applicable box: Are personally known to me ;u.e,...k... MHas produced a current drivers license--' L PJORMALALIGEF7E ®Has produceds identification. YCOMMiSSiLlt#GG?_#2830 EXiPiP.ES: August 29, 2022 ded Thru Notary Public Unde(writers Notary Signature: — ---- March 4, 2020 Page 8 of 11 Packet Pg. 176 CoAr Count y 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 ❑ Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 ❑ 0 Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ 0 Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ 0 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ 0 School Impact Analysis Application, if applicable 1 ❑ 0 Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ 0 Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 177 CoAr County 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet ❑ Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart ElConservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: 4SSOCIATED FEES FOR APPLICATION ❑ Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 178 9.A.1.e -.,r! Coy ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the St' and subsequent re -submittal will be accessed at 20% of the original fee. A - U (-"-' q 1(*1.22- Signature of Petitioner or Agent Date Amanda Martin Printed named of signing party March 4, 2020 Page 11 of 11 Packet Pg. 179 9.A.1.e 8 Community Development and Environmental Services Division KAICASA RPUD I.\ RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 07-34 AMENDMENTS AND REPEAL 2008-15 and 2010-35 (Scrivener's errors) Exhibit "A" Stfike-thfouglris text deleted Underline is text added Packet Pg. 180 9.A.1.e SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION BA. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at of below 60%eaming up to and including 120% of the median am+ual household ineeme Area Median Income (AMII in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen thirty (N04-5) years from the date of issuance of a certificate of occupancy (CO). As hart of the annual PUD monitoring report the developer will include an annual report that provides the progress and monitoring of this affordability commitment. E$. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. v-1 Packet Pg. 181 9.A.1.e B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. C. Base flood elevation approval shall be obtained from the Federal Emergency Management Agency (FEMA) and submitted to the County prior to the approval of any subsequent final development order. such as site development plans/construction plans. (Scrivener's error Ordinance 08-15) 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on -site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. The applicant shall incorporate the "Standard Protection Measures for the Eastern Indigo Snake" (Service 2002) into any County development orders authorizing any land clearing or construction activities. (Scrivener's error Ordinance 08-15) D. Compensation for impacts to wood stork and Florida panther habitats must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Permit (ERP) process and the United States Army Corps of Engineers (USACE) permitting process jn consultation with the Florida Wildlife Service prior to site development plans/construction plans approval. (Scrivener's error Ordinance 08 15) E. The applicant must include an analysis of potential water quality impacts of the project during review of the first site development plan or first set of construction plans. This will be accomplished by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its predevelopment condition. This analysis shall be performed using methodologies approved by federal and state water quality agencies. County review and approval of this analysis shall be required prior to construction plans/site development plan approval. (Scrivener's error Ordinance 08-15) F. The applicant shall be required to submit a full five-day wildlife survey_ at the time construction plans/site development plan are submitted. The survey must be less than one year old at the time of submittal. (Scrivener's error Ordinance 08-15) G. All preserve areas shall be evaluated at the time construction plans/site development plans are reviewed to ensure that such areas are consistent with the Growth Management Plan. V-3 Packet Pg. 182 9.A.1.e I COLLIER LAND HOLDINGS, LTU tO' TYPE "A- A-heHO BUFFER 2S4'AF 10' TYPE "A" - I I R 4 f� BUFFER I I I L-- — — .— _ l / f / R HIGH I - LAKE 4 RESIDENTIAL I _ 1.48. AC I 'PRESERVE ' 1 \ \ To \ LOT ti � \ R \ \ I R\ \ R I I \ \ �1 1 R 10' TYPE 'D" ( - R 1 l BUFFER '> P.AESERVE COLLIER COUNTY I - HOUSING AUTHORITY FARMWORKER'S VILLAGE T \ OT 1 TYPE 'B" FFER LID LAKt 2. \ R \\ ( I - zD• TYPE "D \ R ♦ \ \ 1 o BUFFER \ \ c \ \ \ ! S w SILVER STRAND 111 �0 v PARTNERSHIP PRESERVE I in rp era iO 100' CANAL n EASEMENT m LOW AESMENTIAL ` O ry ti HItlH ftEBIOENTiAL 10 TYPE 'A" BUFFER RI 0 125' 2�50' Ir LE5000' SCAy---- — 50J0' COLLIER LAND HOLDINGS,LTO A -MHO LAND USE KEY RESIDENTIAL (R) -SV91a Family, Attached or Detached -Tam Family - Zero Lot Line -Duplex -Mullilamily -Common Area -Open Space -Water Management Areas -Tot Lot Recreation Area LEGEND PRESERVE ARFA WATER MANAGEMENT AREA RPUD BOUNDARY W RiGhj'.oF WAY PUD ADJACENT ZONING CLASSIFICATION LDC ADJACENT LAND USE CLASSIFICATION PROJECTI.AND USE RESIDENTIAL USE AREA 48,05ACt LAKE 9.02 ACt PRESERVE' 30.18 ACt ROADSIROW 12.75 ACt TOTAL NET ACREAGE 100.00 ACt IMPERVIOUS AREA 23,50 ACt MINIMUM OPEN SPACE(50%6 $O.00 ACt 400 UNITS/100 AC, = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: I, Upon space ihelt include naive sod passive recreation green arch aE playgrounds, golf eerrom, bench fmnlage, waterways litpum, !€out Plains, nehue trails undothcr aimii(H Open apueea, including arepa set aside for lints—ation oftialivc vegcladon & landscaped arms. 2. TLc RPUD nneshrr Plan shall be considered conceptual in nature. 3. The fatal number of dwciling units is lirrrih:d to a MMIMum of 400 units 4. The d"sign and permining of ali improvements w€thin rho righNs&way of Sieeo Rend 29 shall be is accorda-s. with dse Florida DePenmerit ofTnnsportalion miluttern". 5. Within the" RPUD, a 611Ys mine vem open tpsce Mil beachraved ovcrthe whole development A minimum 25% net,- vegetation shall be rcubxd omit. to include watlond Wscv and upland pmsuves ie seemdmgo with Collier. Coer ly Lard Development Code CDC LAND INVESTMENTS. INC. A -MHO •A MWIMUM OF 311.0 ACRES N4LL BE DEUNEATED FOR THE PURPOSE OF PRESERVE TRACTS IN THE FINAL DESIGN AND PLATTING, A MINIMUM OF 24.11 ACRES IS REQUIREO PER THE LDC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE, 2350 STANFORD COURT KAICASA RPUD NAPL,ES, FLORIDA 34112 MASTER PLAN PHONE FAX (2�3 39)434 9320 ENGINEERIN G E-B. #842 & L.B. 0642 DATE PROJECT No, FILE NO. ISCAILE SLEET OCT 2005 20055195 12-47-29 1 1' . 500' 1 EXHIBIT 2 (Approved Master Plan on 07/25/22 per PMC-PL20220004449) a M M V Y O M M O O O N N O N J a ti N O C r M L.1 Q Q. Q ID C d z C E t C� M +r Q EXHIBIT 2 Packet Pg. 183 9.A.1.e COLLIER LAND HOLDINGS, LTD a -MHO 10' TYPE "A" BUFFER LAND USE KEY — —R— — — HIGH ftEBIDENTUL RESIDENTIAL(R) LAKr — -Single Family, ARachad er 4 Al � � R — I I Detached 254 AG 10' TYPE ' i ID TYPE 'A" -Two Famiry BUFFER - _ I I I� BUFFER I� -Zero l.ot Lina -Duplex — — — — Mu Nlamlly ( R-Co"., Area -Open Spaea HIGH LAKE4 -Water Manag nl Afaee RESIOENTIA! 1,48 AC -ICI Lol AI- ion Area I PRESERVE i To LEGEND ,LOT \ P .—EA 0 125 250' 50500' A7ER MPNACENENTARE $t 0.,'— SOD,J RPVa BOD10ARV \ \ R ` ` I `1 1 R 1 10' TYPE 'D" I I BUFFER I I I II PRESERVE I COLLER COUNTY HOUSING AUTHORRY FARMWORKER'S VILLAGE I •B•.. I \ i TYPE FFER I I \ I 1 I \ - ( n UD 1 \ ♦ - LAKIE2 I c \ \ I f R \ l \ I 20' TYPE "D t BUFFER \ \ R \ \ \\ F TOT .. \ \ / LOT SILVER STRAND 111 0 \• \ / PARTNERSHIP PRESERVE Z a.MHO 'pTr�. I h 100' CANAL EASEMENT rn / LOW gE$IDENTIAL 0 MIQ +t'j\Mj 2350 S, COURT NAPEES, FLORIDAFLORI34112 COURT PHONE (230) 434—o333 NGINEERING FAX 642 4ILS.#60 E.B. /'642 h LB. (1642 — RIGnY-DP-wwY PUD PDJACENT TANAVGClASSa'IGiroN LUC ADJACENTI.WDURECL IFICATSON PROJECT LAND USE COLLIER,LTD RESIDENTIAL USE AREA 48,05ACt HOLDINGS, LTD LAKE 9.02 ACE A -MHO PRESERVE' 7O.18 AC! ROADSIROW 12.75ACx TOTAL NET ACREAGE 100.OD ACa IMPERVIDUSAREA 23.EGAC3 MINIMUM OPEN SPACE(6GM( 6000 AC3 4DO UNITSMOD AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: L Open space dull include =live end passive mnmlion -- aueh M Pleygmunda, gulf eeunex, beach fmmegp, wakeweyf leeswm, DwJ P6im, neNm trails eml mMr nrtllliu open aPasc+, imludmg attaa =I aside Car psmervatwn of native vegchd44 I=d—wd arms. 2.7Le RPUD msamr plop dullbe c idvW coempr i in nasma. 3. The -Ml number ofdwallcne —n is Ismdwl N a maximum of400 its e de3ign and permming ofall impmvemmb wldue dm nghFOFway p(Ssam R 29 shell bamaecordaAee wide dla FlPrida DepWmanl oPTnmponNbn m4u ama. S Wuhl Kw— RPUD,a6D.mmhnum open spaep Mmll be=hineed—ft wlwle de mans A minimum 25%move vegdetion steelI be seLumd mytle to mclude we preserves old upland Pmgavq ie¢amd—'"WE. C—.Y Lmd O4vefo I Ceda CDC LAND INVESTMENTS. INC. A -MHO EXHIBIT 2 aA MINIMUM OF 30.0 CRIES WILL BE DELINEATED FOR Tiff POSE OF PRESERVE TRACTS IN THE FlNAL D GN AND PLATING. A MINIMUM OF 24.11 AC IS REOUIREO PER THE LDC NATIVE YEBETA EiENT10N REOUIREMENT ON SITE. KAICASA RPUD MASTER PLAN 17E PR— T N0. RLE NO. SCALE SKET OCT 2006 20055i95 12-47-29 i" 5DD' EXHIBIT IN4yL LL N M CO) O O O N N O N J ti N O It N C O Cu V .Q Q a C V r Q ci Y Q EXHIBIT 2 Packet Pg. 184 9.A.1.e Kaicasa RPUD List of Ownership and Corporation Parties ATTACHMENT 1 Habitat for Humanity of Collier County, Inc. See attached SunBiz report for registered agent/officer details. Percentage of Ownership 100% of Folio #s 00137521009 00137241004 Kaicasa - List of Ownership and Corporation Parties August 2022 Page 1 of 1 ENGINEERING Packet Pg. 185 9/1/22, 2:56 PM Detail by Entity Name DIVISION OF CORPORATIONS f' brinx)! ; Jl. /.Org jr [VI off ritd Slurs of Florida webY!? Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Filing Information Document Number 742136 FEI/EIN Number 59-1834379 Date Filed 03/20/1978 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/05/1999 Event Effective Date NONE Principal Address 11145 TAMIAMI TRAL EAST NAPLES, FL 34113 Changed: 03/09/2005 Mailing Address 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 Changed: 03/09/2005 Registered Agent Name & Address Cunningham, John 1070 S Collier Blvd #401 MARCO ISLAND, FL 34145 Name Changed: 02/03/2017 Address Changed: 02/25/2022 Officer/Director Detail Name & Address Title Chair Person Flynn -Fox, Kathleen https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrd Packet Pg. 186 9/1/22, 2:56 PM Detail by Entity Name 9.A.1.e 4851 Bonita Bay Blvd #603 Bonita Springs„ FL 34134 Title CEO LEFKOW, LISA REV. 1490 NOTTINGHAM DR NAPLES, FL 34109 Title Vice President & CFO KACOS, DEAN 11145 TAMIAMI TRL E NAPLES, FL 34113 Annual Reports Report Year Filed Date 2022 02/25/2022 2022 07/22/2022 2022 08/17/2022 Document Images 08/17/2022 -- AMENDED ANNUAL REPORT View image in PDF format 07/22/2022 -- AMENDED ANNUAL REPORT View image in PDF format 02/25/2022 -- ANNUAL REPORT View image in PDF format 01/26/2021 --ANNUAL REPORT View image in PDF format 04/27/2020 -- ANNUAL REPORT View image in PDF format 04/01/2019 -- ANNUAL REPORT View image in PDF format 03/29/2018 -- ANNUAL REPORT View image in PDF format 08/29/2017 -- AMENDED ANNUAL REPORT View image in PDF format 02/03/2017 -- ANNUAL REPORT View image in PDF format 02/01/2016 -- ANNUAL REPORT View image in PDF format 01/12/2015 --ANNUAL REPORT View image in PDF format 03/25/2014 -- ANNUAL REPORT View image in PDF format 04/22/2013 -- ANNUAL REPORT View image in PDF format 01/25/2012 -- ANNUAL REPORT View image in PDF format 02/25/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 --ANNUAL REPORT View image in PDF format 01/23/2009 -- ANNUAL REPORT View image in PDF format 03/26/2008 -- ANNUAL REPORT View image in PDF format 01/08/2007 -- ANNUAL REPORT View image in PDF format 04/25/2006 -- ANNUAL REPORT View image in PDF format 03/09/2005 -- ANNUAL REPORT View image in PDF format 01/20/2004 -- ANNUAL REPORT View image in PDF format 05/02/2003 -- ANNUAL REPORT View image in PDF format i 02/04/2002 -- ANNUAL REPORT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrd Packet Pg. 187 9/1/22, 2:56 PM Detail by Entity Name 02/06/2001 --ANNUAL REPORT 03/06/2000 -- ANNUAL REPORT 11/05/1999 -- Amendment 03/11/1999 -- ANNUAL REPORT 02/04/1998 -- ANNUAL REPORT 11/26/1997 -- Name Change 01/31/1997 --ANNUAL REPORT 01/24/1996 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOr Packet Pg. 188 9.A.1.e DESCRIPTION: THAT PART OF THE WEST 1/2 OF SECTION 12 AND THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 4" BY 4" CONCRETE MONUMENT FOUND MARKING THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 02'13'13" WEST ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 12, A DISTANCE OF 2670.91 FEET TO A 4" BY 4" CONCRETE MONUMENT FOUND MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1 / 4 OF SAID SECTION 12; THENCE NORTH 02'13'27" WEST ALONG THE WEST LINE OF THE NORTHWEST 1 / 4 OF SAID SECTION 12, A DISTANCE OF 179.09 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 87'46'47" EAST A DISTANCE OF 1235.30 FEET; THENCE SOUTH 02'13'13" EAST ALONG A LINE 1235.30 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST 1/4 A DISTANCE OF 4193.59 FEET TO THE NORTHERLY MAINTAINED RIGHT-OF-WAY LINE OF STATE ROAD NO. 29; THENCE NORTH 45'03'20" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 730.92 FEET; THENCE NORTH 44'55'22" WEST TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 13, A DISTANCE OF 1088.66 FEET; THENCE NORTH 02'19'02" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 7.56 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM ALL RIGHT, TITLE AND INTEREST OF THE GRANTOR, IF ANY, IN AND TO THE OIL, GAS AND MINERALS OF EVERY KIND OR CHARACTER LOCATED IN, ON OR UNDER, OR THAT MAY BE PRODUCED FROM SAID PROPERTY. Packet Pg. 189 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 17 C. 'CI lCl kIO�C VI �Ul.l1 IIIICI Cal. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Habitat for Humanity of Collier County, Inc. 100% (Not -for -profit corporation) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 0 D IL OCT to V Y M rn M O 0 N N O N J IL N O N C O r R QV a Q 0 c E Y y Q Y E V w Q Packet Pg. 190 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co*er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the eneral and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address I % of Ownership i Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of ricers, it a corporation, partnership, or trust: Name and Address 9. Date subject property acquired 1 2/10/04 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2of3 0 D a R y V Y M O M O 0 0 N N O N J IL N O N C O r R V Q O. Q 0 c E y Q Y E V W Y Q Packet Pg. 191 9.A.1.e Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Kaicasa RPUD (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate '°"R5onEn9i—rl°9Inc. (A—ndsM-fin) legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with a i terms, conditions and safeguards of the planned unit development. Own r Owner Lisa Lefkow CEO of Habitat 4. manity of Collier County, Inc. Printed Name / Printed Name STATE OF FLORIDA COUNTY OF COLLIER The fore oing instrument was acknowleged before me by means of hysical presence orE]online notarization this day of " > � 20L7, by (printed name of owner or qualifier) Lisa Lefkow 5uc erson( Notary Public must check applicable box: Are personally known to me ;u.e,...k... MHas produced a current drivers license--' L PJORMALALIGEF7E ®Has produceds identification. YCOMMiSSiLlt#GG?_#2830 EXPiPES: August 29, 2022 ded Thru Notary nublic Unde(wrilers Notary Signature: — ---- March 4, 2020 Page 8 of 11 Packet Pg. 192 9.A.1.e Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Kaicasa RPUD (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate '°"R5onEn9i—rl°9Inc. (A—ndsM-fin) legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with a i terms, conditions and safeguards of the planned unit development. Own r Owner Lisa Lefkow CEO of Habit t f r Humanity of Collier County, Inc. Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The fore oing instrument was acknowleged before me by means of hysical presence orE]online notarization this day of " > � 20L7, by (printed name of owner or qualifier) Lisa Lefkow 5uc erson( Notary Public must check applicable box: Are personally known to me ;u.e,...k... MHas produced a current drivers license--' L PJORMALALIGEF7E ®Has produceds identification. YCOMMiSSiLlt#GG?_#2830 EXiPiP.ES: August 29, 2022 ded Thru Nakary Public Unde(wrilers Notary Signature: — ---- March 4, 2020 Page 8 of 11 Packet Pg. 193 9.A.1.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003938 1, Lisa Letkcw (print name), as Chief Executive officer (title, if applicable) of Habitat for Humanity of Collier County, inc. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 55. Weil authorize Johnson Engineering, Inc. (Amanda Martin) to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the Corp. Ares, or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fapts stated in it are true. /2 12-M 7- S'gn ture —Date STATE OF FLORIDA COUNTY OF COLLIER The foregoin instrument was acknowleged before me by means of hysical presence or Elorline not ri ation this 2� day of ! 20-2 L, by (printed name of owner or qualifier) _ .P ,i Lt-x. L� �o WAre persons) Notary Public must check applicable box:... personally known to me NORMIAILAL x p Has produced a current drivers license (taY COMIM4a5i1�i C:Cs 2 2835 EXPIRES: Augisl 9, 022 0 Has produced as identification.Bonded mrL:l'4or1-f: Notary Signature: 04 CP108-CaA-001151155 REV 3/4/2020 Packet Pg. 194 9.A.1.e Co Ter County Public Sewiees Department Community & Human Services Division CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW Name of Development: Kaicasa RPUD Applicant/Agent: Johnson Engineering. Inc (Amanda Martin, AICP) Email: amartin@johnsoneng.com Size of Property: +i-100 acres Proposed Use: Residential Total Number of Residential Units Planned: 400 Number of Affordable Housing Units Planned: 400 # Rental # Owner Current % of Affordable Units: 100% AddresslLocation: 2306 sR 29 Phone: 239-200-7383 Area Median Income (AMI) Target 120%-140% GAP Income 80% -120% Moderate Income 50% - 80% Low Income 30% - 50% Very -Low Income 0% - 30% Extremely -Low Income % Other Threshold to qualify: 20% All 400 units will be owner occupied and committed to occupancy by income restricted households earning up to and including 120% AML Permit Number, If available: Ord. #2007-24, 2018-15 (scrivener's error) and 2010-25 (scrivener's error) PL20220003938 Proposed Land Use Restriction: 1 PUD Restriction or AHDB Agreement ® Developer Agreement ® Impact Fee Deferral Agreement Q Grant Restriction Other: I hereby certify that the above -described project meets the definition of providing affordable housing in Collier County and as such is entitled to participate in the County's "Expedited Review Procedures of Affordable Housing" as described in Resolution No. 2018-40. By: ComnWnity & Human Services Division Date: By: Date: 2 Zoz2— Builder/ Owner/ Develope ! G ntractor This Certification must be submitted to the Growt anagement Department with your permit application package, or plan revisions, within nine months of date of issuance.. i Q Community & Human Services Division - 3339 Tamiami Trail East, Suite 211 - Naples, Florida 34112-5361 239-252-CARE (2273) • 239-252-CAFE= (2233) • 239-252-4230 (RSVP) • www.aolliergov.netthumanservices Packet Pg. 195 9.A.1.e co'LLier c01.1.ty Growth Management Department ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below. Complete a separate Addressing Checklist for each Petition type). ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) 0 OTHER PUD Amendment (PUDA) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 13 47 29 THAT PORTION OF REFERENCED PARCEL 8 IN SECTION 13 DESC IN OR 2153 PG 1901 and 12 47 29 THAT PORTION C FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 00137521009and 00137241004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 2306 SR 29 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) Kaicasa PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # PL20220003938 Addressing Checklist (Rev 12/2021) PUD-2005- Page 1 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 196 9.A.1.e Collier C01.-nty Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: DEmail ❑Personally picked up Applicant Name: Amanda Martin / Johnson Engineering, Inc. Phone: (239) 200-7383 Email: amartin@johnsoneng.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00137521009 and 00137241004 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 6/2/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 D d c� N R V Y M O CO) O 0 0 N N O N J d ti N O It N c 0 CU v .Q a a 0 c m E t U r r Q c a� E U ca Q Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercount%/fl.clo Packet Pg. 197 6 • CO rn r m � a � Y 0)j (V fUC N N ♦2 W 00 0 N ~ a-,W D Q V) (9 W r- Z Z rn c� J Q (n "r p ft Z � � I � N 0 0 U U �2 _ ° W o N V O W g o N � o a o� o o ti p w I U O °_ x o� U Q N 1O jr z SR 839 W J SR 29 O o a� v � T O c to O o O o E vai c 0 o b wr Zr d 2 0 - m 0 - o .0 C N I C rzr C7 m 0— z a N 0 I-7 -0-0 Zp _ fn m a c o c C) 0 m C W 0 Y�0 cH 0 N 0 O O ;p -H o Z (no m Z 00)-E W m `o ,GQN O O L of ofa zC H o DO (nQ wd9L:Z - 90OZ '6L unr wo} (dVW NOIIVOOI) 6MP'001-LlX8-96LSS0\S1181HX3\96L4900Z\:P H C0- N C's to U M 0 �OMr�jJ Z�O�Md! ¢LJiv"�N N N v'o W ak M a0m NQd 41 9.A.1.e Kaicasa RPUD PUD Amendment Narrative of Request Request Habitat for Humanity of Collier County is requesting an amendment to the Kaicasa RPUD Ordinance 07-34 as amended. The purpose of the request is to revise the income levels served as described in PUD Section 5.4.B from at or below 60% of median household income to serve up to and including 120% area median income (AMI). Additionally, the covenants and restrictions to ensure affordability of all dwelling units is being increased from a period of at least fifteen (15) to thirty (30) years from the date of issuance of a certificate of occupancy (CO). The Kaicasa PUD was originally approved by Ordinance 2007-34. Two amendments were both for correcting scriveners errors (Ordinance 2008-15 and Ordinance 2010-35). A minor change to the Master Plan was also approved through PMC-PL20220004449. These approved changes are codified in the PUD document as part of this amendment. The proposed request will bring the PUD commitment up to date with current policy of Habitat for Humanity, which is to provide housing that is affordable for a mix of income levels. The mission of Habitat for Humanity of Collier County remains to serve households who have limited or no options for home ownership, and the adjustment from a maximum threshold of 60% AMI to 120% AMI will broaden the range of those who can be served by the Kaicasa development. This development will be the largest ever developed by Habitat for Humanity of Collier County, and the ability to expand those served while maintaining a commitment to affordability will fulfill the needs and objectives of the Immokalee community. This amendment aligns with the recently adopted Immokalee Area Master Plan, which includes Housing Goal 4.2.3 establishing a goal to "Provide a mix of housing types and price points to allow for safe, high -quality dwelling unit options in Immokalee." This amendment will allow up to 400 housing units at a mix of price points to increase the housing inventory in Immokalee serving households with income at many levels below and including up to 120% AMI. By extending the timeframe for the commitment from 15 years to 30 years, this will avail even more community members of the opportunity for homeownership. The PUD is approved for a maximum of 400 units, equating to 4 dwelling units per acre. The approved density is a maximum of 4 du/ac, well below the density allowed by the Immokalee Future Land Use designation of High Residential, which is maximum density of 8 du/ac. The PUD includes a commitment that all units will be sold to households earning at or below 60% of the area median income (AMI), however this project was not subject to an affordable housing density bonus agreement and not subject to requirements of Section 2.06.00 governing density bonuses for affordable housing. LDC Section 10.02.13.E.1 identifies the criteria for determining if a PUD change is substantial, insubstantial or minor. Each criteria is listed below, and a response is included to demonstrate this request meets criteria for an insubstantial change, however the nature of the request to alter an affordability commitment renders it a PUD Amendment. Kaicasa RPUD Amendment Request Narrative August2022 Page 1of3 ENENGINEENE RING Packet Pg. 199 9.A.1.e a. A proposed change in the boundary of the PUD; No change is proposed to the PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No change is proposed to the number of dwelling units, land use or height of buildings in the previously approved PUD. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No change is proposed to preservation, conservation recreation or open space areas in the previously approved PUD. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No change is proposed to the location or size of areas used for nonresidential uses in the previously approved PUD. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The proposed request is limited to revising the income levels served and will not increase impacts of the development related to traffic generation, circulation or other public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; The proposed request is limited to revising the income levels served and will not generate a higher level of vehicular traffic. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The proposed request is limited to revising the income levels served, which has no effect on stormwater retention or discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The proposed request is limited to revising the income levels served, which will not impact abutting land uses. Kaicasa RPUD Amendment Request Narrative j�.TRhrz August2022 Page 2of3 ENGINEERING Packet Pg. 200 9.A.1.e i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The proposed request is limited to revising the income levels served, and does not modify the previously approved density or land uses. The previously adopted Ordinance 2007-34 (amended by Ordinance 2008-15 and 2010-35 for scrivener's errors) adheres to the goals, objectives and policies of the Growth Management Plan. The approved density is a maximum of 4 du/ac, well below the density allowed by the Immokalee Future Land Use designation of High Residential, which is maximum density of 8 du/ac. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of the GMP and Goal 4.2.3 of the IAMP by creating an affordable mix of housing for residents of Collier County. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non -motorized vehicles consistent with Objective 3.3 of the TAMP. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The Kaicasa PUD is consistent with the existing adjoining Farmworker's Village residential project to the west. The Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub -Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the IAMP. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The PUD is not a development of regional impact (DRI). k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The proposed request meets criteria for an insubstantial change, however the nature of the request to alter an affordability commitment renders it a PUD Amendment. Kaicasa RPUD Amendment Request Narrative jam= August 2022 Page 3 of 3 ��E N�6II NNEERR I NN11G Packet Pg. 201 9.A.1.e Kaicasa RPUD PUD Amendment PUD Rezone Considerations (LDC Section 10.02.13.13) a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed changes relate to revising the income levels served and codifying the conditions identified in scrivener's error Ordinance 2008-15 (stormwater and environmental condition language). This does not impact the type and pattern of development as previously adopted in 2007-34. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. An Affidavit of Unified Control is included with this application. C. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) The proposed changes relate to revising the income levels served and codifying the conditions identified in scrivener's error Ordinance 2008-15 (stormwater and environmental condition language). This does not impact the type and pattern of development as previously adopted in 2007-34. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP). Specifically, the provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of the GMP and Goal 4.2.3 of the Immokalee Redevelopment Plan by creating an affordable mix of housing for residents of Collier County. Kaicasa RPUD Amendment Rezone Considerations j�.T� August2022 Page 1of2 ENGINEERING Packet Pg. 202 9.A.1.e d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes relate to broadening the income levels served. This change will not impact the internal and external compatibility of proposed uses, restrictions on location of improvements, restrictions on design, and buffering and screening requirements as currently approved. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed changes relate to broadening the income levels served. No change is proposed to open space, which has been deemed adequate as approved by Ord. 2007- 34 and PPL CDPAR12767 (pending PL20220000198). f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Facilities are available for development of the site, which is being designed, permitted and developed in three phases. Approval of the PPL (PPL CDPAR12767 (pending PL20220000198) was issued on September 13, 2021. Phase I, consisting of 123 units, is under construction and is anticipated to be completed by early 2023. 9. The ability of the subject property and of surrounding areas to accommodate expansion. Surrounding land areas are available for potential expansion, however expansion is not proposed at this time. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed changes relate to broadening the income levels served and meet the public purpose of providing a range of housing ownership opportunities at affordable levels to serve the community. Kaicasa RPUD Amendment Rezone Considerations j�.TIhrz August2022 Page 2of2 ENGINEERING Packet Pg. 203 9.A.1.e Kaicasa RPUD PUD Amendment Rezone Criteria (LDC Section 10.02.08.F) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed changes relate to revising the income levels served and codifying the conditions identified in scrivener's error Ordinance 2008-15 (stormwater and environmental condition language). This does not impact the type and pattern of development as previously adopted in 2007-34. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP). The subject property is within the Immokalee Urban Area and is designated High Residential District on the Immokalee Area Master Plan (IAMP) Future Land Use Map which allows a high density residential development. A density of four (4) dwelling units per gross acre is adopted in Ordinance 2007-34 and is consistent with the parameters described in the IAMP for the High Residential District. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of the GMP and Goal 4.2.3 of the IAMP by creating an affordable mix of housing for residents of Collier County. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non -motorized vehicles consistent with Objective 3.3 of the IAMP. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The Kaicasa PUD is consistent with the existing adjoining Farmworker's Village residential project to the west. The Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub -Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the IAMP. 2. The existing land uses pattern. The proposed changes relate to broadening the income levels served. This does not impact the type and pattern of development as previously adopted in 2007-34. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Kaicasa RPUD was previously adopted in Ordinance 2007-34 and the proposed changes relate to broadening the income levels served. The proposed changes do not create an isolated district unrelated to adjacent and nearby districts. Kaicasa RPUD Amendment Rezone Considerations j�.T� August2022 Page 1of3 ENGINEERING Packet Pg. 204 9.A.1.e 4. Whether existing district boundaries are illogically drawn in relation to existing conditions in the neighborhood. The Kaicasa RPUD was previously adopted in Ordinance 2007-34. The proposed changes relate to broadening the income levels served and no boundary changes are proposed. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The recently updated and adopted Immokalee Redevelopment Plan Housing Goal 4.2.3 asks to "Provide a mix of housing types and price points to allow for safe, high -quality dwelling unit options in Immokalee." The proposed amendment supports this goal by providing housing for a broader range of income levels. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed changes relate to broadening the income levels served. The proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed changes relate to broadening the income levels served. This does not impact the type and pattern of development as previously adopted in 2007-34 and no changes are proposed that would impact traffic activity or public safety. 8. Whether the proposed change will create a drainage problem. The proposed changes relate to broadening the income levels served. This does not impact the type and pattern of development as previously adopted in 2007-34 and no changes are proposed that would impact drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed changes relate to broadening the income levels served and no changes are proposed to reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed changes relate to broadening the income levels served and no changes are proposed that would adversely affect property values in the adjacent areas. 14. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed changes relate to broadening the income levels served and will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Kaicasa RPUD Amendment Rezone Considerations j�.TIIIZ August2022 Page 2of3 ENGINEERING Packet Pg. 205 9.A.1.e 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The adopted PUD did not utilize any bonus density provisions. The income level restrictions were voluntarily included in the PUD to support the mission of Habitat for Humanity of Collier County. The proposed change to broaden the income levels served is supported by the updated Immokalee Redevelopment Plan and does not grant special privileges to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons whythe property cannot be used in accordance with existing zoning. The proposed changes relate to broadening the income levels served and no changes are proposed to the existing zoning designation. 44. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed changes relate to broadening the income levels served. This does not impact the scale, type and pattern of development as previously adopted in 2007-34. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The residential use and PUD District was previously adopted in 2007-34. The proposed changes relate to broadening the income levels served. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The PUD District was previously adopted in 2007-34 and the proposed changes relate to revising the income levels served and codifying the conditions identified in scrivener's error Ordinance 2008-15 (stormwater and environmental condition language). 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 106, Art. II, as amended.] The proposed changes relate to revising the income levels served and codifying the conditions identified in scrivener's error Ordinance 2008-15 (stormwater and environmental condition language). This does not impact the type and pattern of development as previously adopted in 2007-34. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC. Kaicasa RPUD Amendment Rezone Considerations August2022 Page 3of3 ENGINEERING Packet Pg. 206 9.A.1.e Amanda Martin From: LaRowJacob <Jacob.LaRow@colliercountyfl.gov> Sent: Tuesday, October 25, 2022 10:38 AM To: Amanda Martin; GundlachNancy Subject: RE: Kaicasa - Expedited Review Form IM W. W R Yes. Please accept the following comments below. Affordable Housing: Staff has no objections to the request to modify and increase the income targeting from 60% to 120% of AMI. The income targeting under the original PUD was provided voluntarily by Habitat and was not in exchange for additional density or other public good. Sincerely, Jacob La Row Director — Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-1202 Please note new number Jacob. La Row@col I iercou ntyfl.gov *e-r C0141114ty Making Our Community Stronger: One life, one home, one project at a time. From: Amanda Martin <ab@johnsoneng.com> Sent: Tuesday, October 25, 2022 10:17 AM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Cc: LaRowJacob <Jacob. La Row@colt iercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form 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. Jake, Have all of your comments/questions been adequately addressed? Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. i Packet Pg. 207 9.A.1.e 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com AICP CERTIFIED From: Gundlach Nancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Monday, October 24, 2022 9:11 AM To: Amanda Martin <ab@iohnsoneng.com> Cc: LaRowJacob<Jacob.LaRow@colIiercountyfLgov> Subject: FW: Kaicasa - Expedited Review Form Hi Amanda, I am remembering to copy you on the email below. Respectfully, Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: GundlachNancy Sent: Monday, October 24, 2022 9:10 AM To: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form Hi Jacob, 2 Packet Pg. 208 9.A.1.e The Kaicasa PUD did not receive a density bonus in exchange for the provision of Affordable Housing. It appears the provision of Affordable Housing is voluntary. (This is a Habitat for Humanity project.) I copied the page below from the original 2007 Ordinance for reference: Packet Pg. 209 9.A.1.e STATEMENT OFCOMPL1ANCE The subject property consists of 1{10+ acres of property irr Collier County, Florida, and will be developed as a Residential Planted Unit Devr1opment (RPUD) to be known as the Kaicasa RPUD. The property is located within the Immokalee Kuming Commnity_ The proposed development will consist ofap to 400 residential dwelling units in the farm of single-family ahached or detached, zero lot line, two-family, duplex, or mutrifamily hourft. The proposed development will be in tornpltan,ce with the goals, objectives and policies set forth in the Collier County Crrow[h Manmgcrncnt Plan (GMP) fur the followiq reasons: 1. The subject property is within the lmrrrokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated Bigh Residential District on the ]ramkalee Arta Mastcr Plan (]AMP) Future Land Use Map. According to the IAMP, the purpose of the High Residential District is to provide for a district of high deruity residential development, Residential dwellings shall be limited to muhi-fanti.ly stmctvrrs and less intensive units such as single family and duplexes provided [hey are compatible with the district. A densily less than or equal to sigh[ (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the paramelers described in the ]AMP for the High RcsideatW District, and satisfies Objective II.I of the LAMP_ 2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and nvn-motorised vshitles consistent with Objective V1.1 of [hc IAMP- In accordance with GMP Futurc Land Use Elenunt Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property h shown (FLUE) on the master plan. 3 The project developrnem is comTatible and r owlerrwntary to existing and fixture surrounding land uses as MgUired in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining develorprnmt which is the Farrnworl er's Village residential project to the. west. The Immkalte Futurc sand khw Map designates property to the north, cast and west as I figh Residential and property to the south as Law Residential_ The proposed development will be wnsi.stv-nt with all these designations for future use of surrouttding propertied, 4. Me project developmnt shall complywith stwmwater quality and quantity standards describcd in the Drainage Sub -Element of the Public Facilities Element, The site is designed to inclrtde prescT-vcd native vegetation, cunsisknt with Croal IV of the ]AMP. 5_ The projected density of 4 dwelling units per acre (DU/A) is iri compliant• with the LAMP based on the following relationships to required criteria-. Density per IIigh Residential designation on lltmxokaiee Future land Use Map 8 DUTA Affordable Musing density bonus 8 DUrA (100% are for low income hau,seholds) Pernvtted density 16 DUTA PROPOSED DENSITY 4 DU/A 400 units on 100-r acres (gross acreage for residential use) 6. The provision of affordable housing in this development is consistent with € foal I of the Housing Elerneni of the k.iW and Goal III of the LAMP by treat* affordable housing for residents of Collier County, including Law and moderate income persons, rural residents, and f irmworkcrs, The pr posed project increases the nurnbef of affordable housing units to meet tiw housing nerds of the County which is consistent wily Objective l of the Housi tit Elemenl_ 7. All final local tleveloplr m orders for this project are subject to tht Collier County Adequate PJL5-J:c Favtliti�s Ordinance in axwdaftce with Policy II.1.2 of the IAMB Packet Pg. 210 9.A.1.e Respectfully, Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: LaRowJacob <Jacob. La Row@col liercountvfl.gov> Sent: Thursday, October 20, 2022 4:02 PM To: GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Cc: Amanda Martin <ab@iohnsoneng.com> Subject: RE: Kaicasa - Expedited Review Form Good Afternoon Nancy - I had a conversation with Amanda this afternoon regarding this project. I had question for you to which the answer would likely influence my comments. To your knowledge, will the request by the applicant to raise the ceiling of income targeting from 60% of AMI to 120% of AMI for assisted households in the PUD represent a reneging of any regulatory, zoning or other land use relief that had been provided to the Developer in exchange for providing housing at that original range of housing affordability? Or, to put it context of relief seen more frequently today — Was there a grant of additional density (or other special exceptions) not otherwise available to the applicant but for the provision of delivering owner -occupied housing at the low income thresholds? Thank you! Sincerely, Jacob LaRow Director —Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-1202 Please note new number Jacob. La Row@colIiercountyfLgov Making Our Community Stronger: One life, one home, one project at a time. From: Amanda Martin <ab@iohnsoneng.com> Sent: Thursday, October 20, 2022 2:36 PM To: LaRowJacob <Jacob. La Row@colIiercountyfl.gov> Q Packet Pg. 211 9.A.1.e Cc: GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Subject: RE: Kaicasa - Expedited Review Form 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. Are you available now? Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com xt�;e of C'e,[r +� 3 I AICP CEWFIFIED From: LaRowJacob <Jacob. La Row@colliercountvfl.gov> Sent: Thursday, October 20, 2022 10:12 AM To: Amanda Martin <ab@iohnsoneng.com> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form Amanda - I'll have time this afternoon. Sincerely, Jacob LaRow Director —Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-1202 Please note new number Jacob.LaRow@colIiercountyfl.gov o*e-r v 'Pity Making Our Community Stronger: One life, one home, one project at a time. 6 Packet Pg. 212 9.A.1.e From: Amanda Martin <ab@iohnsoneng.com> Sent: Thursday, October 20, 2022 10:08 AM To: LaRowJacob <Jacob. La Row@colIiercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form EXTERNAL ENTAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Jacob, Can we set up a time to review this project and answer any questions you may have? I'm available most of the day tomorrow. Thank you. Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com +�v i� AICR CERTIFIED From: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Sent: Tuesday, September 06, 2022 11:16 AM To: Amanda Martin <ab@iohnsoneng.com> Subject: RE: Kaicasa - Expedited Review Form Amanda, Please see attached. Sincerely, Jacob La Row Director — Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-2399 7 Packet Pg. 213 9.A.1.e Jacob. La Row@ col Iiercountyfl.gov Making Our Community Stronger: One life, one home, one project at a time. To improve our services and technical assistance to our clients, vendors or subrecipients, we ask that you provide us feedback on our services to your organization by completing the short survey contained at the following links: Affordable Housi Internal Partners From: Amanda Martin <ab@iohnsoneng.com> Sent: Tuesday, September 6, 2022 10:33 To: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Subject: FW: Kaicasa - Expedited Review Form Importance: High 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. Jacob, Hope you had a nice long weekend. Are you able to sign and return the attached form today? Thankyou! Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com 7 C AlCP CERTIFIED From: Amanda Martin Sent: Thursday, September 01, 2022 1:39 PM To: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form 8 Packet Pg. 214 9.A.1.e Jacob, Attached is the signed form, ready for your signature. Thank you! Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com x'O;C Of( P, AICP CERTIFIED From: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Sent: Thursday, September 01, 2022 9:29 AM To: Amanda Martin <ab@iohnsoneng.com> Subject: RE: Kaicasa - Expedited Review Form Amanda - Thank you for your time this morning to share details and the intent to modify the PUD bringing the income targeting inline with the limits indicated on the review form. I'm great with the form as is, please have the appropriate party sign and return to me and I'll get this out ASAP. Sincerely, Jacob LaRow Director —Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-2399 Jacob. LaRow@colIiercountyfLgov ��e7r o1r�r�t Making Our Community Stronger: One life, one home, one project at a time. Packet Pg. 215 9.A.1.e To improve our services and technical assistance to our clients, vendors or subrecipients, we ask that you provide us feedback on our services to your organization by completing the short survey contained at the following links: Affordable Housing Internal Partners From: Amanda Martin <ab@iohnsoneng.com> Sent: Tuesday, August 30, 2022 15:32 To: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form EXTERNAL ENTAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. a N Jacob, For flexibility, the applicant is requesting for all 400 units to be owner occupied and committed Y to occupancy by income restricted households earning up to and including 120% AMI. I have that as a note on the draft form attached. If that is acceptable to you, I will have thecm M o applicant/owner sign the form. 0 N 0 N J d Attached are the approved ordinances per your request. N O Amanda Martin, AICP Senior Planner = Johnson Engineering, Inc. 0 2122 Johnson Street 2 .Q Fort Myers, FL 33901 Q Phone: (239) 461.2487 p Cell: (239) 200.7383 c amartin@iohnsoneng.com m E z U _ 7 C - E c.i AICR Y Q CERTIFIED From: LaRowJacob <Jacob. La Row@col liercountyfl.gov> Sent: Tuesday, August 30, 2022 9:14 AM To: Amanda Martin <ab@iohnsoneng.com> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form Amanda- io Packet Pg. 216 9.A.1.e I've revised the Expedited Review Form, slightly. I've entered in most of the information on your original submittal on the form attached. Can you confirm, sign and return? I didn't enter the owner/renter information as it was left blank, please complete. Also, can you provide the referenced Ordinances, permits, etc? Thanks! Sincerely, Jacob La Row Director —Economic Development and Housing Division 2800 N. Horseshoe Drive Naples, FI 34104 239-252-2399 Jacob. La Row@colIiercountyfl.gov *e-r C014-xiy Making Our Community Stronger: One life, one home, one project at a time. To improve our services and technical assistance to our clients, vendors or subrecipients, we ask that you provide us feedback on our services to your organization by completing the short survey contained at the following links: Affordable Housi Internal Partners From: Amanda Martin <ab@iohnsoneng.com> Sent: Thursday, August 25, 2022 11:42 To: LaRowJacob <Jacob. La Row@colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Subject: FW: Kaicasa - Expedited Review Form 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. Jacob, Please find attached the expedited review form for PL20220003938. Habitat for Humanity of Collier County is requesting an amendment to the voluntary affordable housing commitments in the Kaicasa RPUD Ordinance 07-34 (as amended). The purpose of the request is to revise the income levels served as described in PUD Section 5.4.13 from at or below 60% of median household income to serve up to and including 120% area median income (AMI). A PUD Amendment package will be submitted upon your review and approval of the attached Expedited Review Form. Please reach out to me if you have any questions. Thank you. Packet Pg. 217 9.A.1.e Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com AICP CERTIFIED From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday, August 25, 2022 7:47 AM To: Amanda Martin <ab@iohnsoneng.com>; ThomasClarkeVEN <Thomas.Clarke@colliercountvfl.gov> Cc: LaRowJacob <Jacob. La Row@colIiercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form Hi Amanda, Please submit a completed Expedited Review Form that has been signed by Jacob LaRow. Respectfully, / ,rey Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountvfl.gov From: Amanda Martin <ab@iohnsoneng.com> Sent: Wednesday, August 24, 2022 3:19 PM To: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.goy>; GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Cc: LaRowJacob <Jacob. La Row@colIiercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form 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. 12 Packet Pg. 218 9.A.1.e Thank you Tom. Do I email the completed form to Mr. La Row for approval prior to application submittal? Thank you. Amanda Martin, AICP Senior Planner Johnson Engineering, Inc. 2122 Johnson Street Fort Myers, FL 33901 Phone: (239) 461.2487 Cell: (239) 200.7383 amartin@iohnsoneng.com a W'Lte of ce ca N 06 R V Y M A1CP G CERTIFIED o N N O N J d ti From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> o It Sent: Monday, August 22, 2022 3:43 PM r1k To: Amanda Martin <ab@iohnsoneng.com>; GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> c Cc: LaRowJacob <Jacob. La Row@colIiercountyfl.gov> Subject: RE: Kaicasa - Expedited Review Form 2 .Q a Hi Amanda, o See attached requested Expedited Review form. It is located in our Housing Department. Here is a link to other info you may need: Q https://www.colliercountvfl.gov/our-county/advanced-components/search?q=expedited E Let me know if you need anything else. a Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.IV/CollierZoning Co iGV C;OMPtt Exceeding Expectations Everyday 13 Packet Pg. 219 9.A.1.e From: Amanda Martin <ab@iohnsoneng.com> Sent: Monday, August 22, 2022 3:26 PM To: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov>; GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: Kaicasa - Expedited Review Form 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. Thomas and Nancy, 0 a The Kaicasa PUDA application package is coming together. I was unable to locate the "Certificate of Affordable Housing Expedited Review" form online. Can you email the form to me? Thank you. Y M O M O Amanda Martin, AICP N Senior Planner N 0 Johnson Engineering, Inc. _J 2122 Johnson Street a Fort Myers, FL 33901 c Phone: (239) 461.2487 It N Cell: (239) 200.7383 r_ c amartin@iohnsoneng.com g U IkeaFCerf Q E MICP U CERTIFIED r Q c a� E t Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a r public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. a 14 Packet Pg. 220 ENGINEERING August 15, 2022 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Re: No Impact Traffic Impact Study (TIS) Request Kaicasa (PUDA) PL #20220003938 To Whom It May Concern: The Kaicasa RPUD Ordinance is being amended to correct the household income level requirement to be consistent with the Habitat for Humanity policies. This amendment does not change the density or intensity and therefore, no additional traffic impacts are anticipated. The applicant requests a TIS waiver for the referenced PUDA application. LMH: j lc: 20225042-001 Sincerely, JOHNSON ENGINEERING, INC. Leah M. Holmes, P.E. P.E. No. 85359 2350 Stanford Court ■ Naples, FL 34112 (239) 434-0333 0 www.JohnsonEn ing eerie .ccoom Packet Pg. 221 Co er County 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: PDI Date and Time: Wednesday 6/29/22 at 3 : 00 Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: Kaicasa (PDI) PL#: 20220003938 137241004 & 137521009 Property ID #: Current Zoning: PUD - Kaicasa Project Address: City: Immokalee State: FL Zip: 34142 Applicant: Amanda Martin - Johnson Engineering, Inc . Agent Name: Amanda Martin Agent/Firm Address: 2122 Johnson St Property Owner: _Phone: 239-334-0046 Fort Myers FL 33901 City: State: Zip: Habitat for Humanity of Collier County Inc. Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page I 1 of 5 Packet Pg. 222 9.A.1.e Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.eov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note - link is https://www.colliercountvfl.gov/Home/ShowDocument?id=75093 2olk)i'� L' - a%A-wCr/ ,Ctt,�,i,AC 1, `i ►,5 /L, Arp l✓M{ Fo, 4(h �•�� ATrwrch� �� �i IL CrrcJrr �s�oti►�e. e-� i ]— ! 6•z Lli/�IL�cf A b A A 4—r-,, w�A A-t 1.� ; �41-L .14 An, A i %,�r�Cv (' u a A tACl� • 4, T "�X f ,`Y �1:� C � w T �'1.f � � .�%i!'� � / /� � .'.�-IIJG -C %D / hrZ i % � l/ •C� K/ :/ L sL /� G r��L�� ✓L �� h. �( �2_,c,�w L — �rL�r (� �.�✓�;i;,.�ti. — /1JU Eyyyi (►-o,y �Ll �Q „�.T �4 L �, .,� i+P. ��Q Cal k � r'1-� t1� If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonanaplesaov.com Allyson Holland AMHolland ccDnaplesgov.com Robin Singer RSin4er(cDnaplesaov.com Erica Martin emartin(ftaplesaov.com Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 0 n a. w Y C M O M O 0 O N N O N J a- ti N O N c 0 a 2 Q CL Q 0 c d E t U Q c d E s U r Q Packet Pg. 223 15:-M/1 1 ThomasClarkeVEN PL Z© 1 Z191 ci From: GundlachNancy Sent: Thursday, July 28, 2022 10:38 AM To: ThomasClarkeVEN Subject: FW: Change to Affordable Housing Commitment - Is it still a PDI? From: BosiMichael <Michael.Bosi@colliercountyfl.gov> Sent: Tuesday, July 5, 2022 11:41 AM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Yes, Nancy. We will need to process this as a PUDA, the adjustment of the AMI is a policy decision that requires Board approval. mike From: GundlachNancy <Nancy.Gundlach colliercountvfl gov> Sent: Tuesday, July 5, 2022 11:37 AM To: AshtonHeidi <Heidi.Ashton colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.Rov>; BellowsRay <Ray.Bellows@col Iiercountyfl.Rov> Cc: CrotteauKathynell <Kathynell.Crotteau colliercountvfl gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Hi all, Just following up, have we determined whether Kaicasa can be processed as a PDI? Respectfully, /(/acre, Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy-Gundlach@colliercountvfl.gov From: AshtonHeidi <Heidi.Ashton@colliercountyfl.Rov> Sent: Friday, July 1, 2022 9:51 AM To: BosiMichael <Michael.Bosi@colliercountyfl.eov>; BellowsRay <Ray.Bellows@ col liercountyfl.gov>; GundlachNancy <Nancy.Gundlach colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau colliercountvfl Rov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Anytime before 11:30 am or after lunch.-6� t 1 Packet Pg. 224 5.4. SCHEDULE OF MILOPMENTIMONITOWW: REPORT AND SUNSET PROVISION A. The srnictures within the Katcasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD shall be subjmt to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be cottmuued to uccupancy by income restricted households at of below GIW,; of the median annual housebold income in Collier County at the time of construction. Covenants and re"ricttons shall he applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a certificate of occupancy (CO) c. By the tune building permits for 100 residential toots are issued, the devcluper shall have constructed at Wait one playground area in the location shown on the RPUD Master Plan Do you know when they got their first C.O? The PUD became effective April 41h, 2007; just over 15 years ago. Ft6olt Ashtow-ataleo MAwAgivt.g AssistAvtt OoulntlJ, Attorvl. O iae of the aou.vttlJ, AttorvteU 2200 North r torseshoe Drive, Suite 301 NApl, s, F:L.34104 (239) 25:Z-9773 From: BosiMichael <_Michael.Bosi@colliercountyfl.gov> Sent: Friday, July 1, 2022 9:24 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov>; GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Cc: AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Heidi, I've attached the PUD for the Kaicasa PUD, which is entitled at 4 units per acre, but also has Developer commitment that all the units are at or below 60% of AMI. This is a very odd arrangement as they do not have a density bonus and are eligible for 8 units an acre at market rate, but the PUD still has the commitment for income restriction (Its owned by Habitat). They want to go through the PDI process to adjust the income restriction to 120% of AMI. The question is can the HEX decided this request or should we require a full PUD-A? Can we get together and discuss? Thanks, mike From: BellowsRay <Ray.Bellows colliercountyfl.gov> Sent: Thursday, June 30, 2022 2:55 PM To: GundlachNancy <Nancy.Gundlach colliercountyfl.gov> Cc: BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Hi Nancy, I checked the Administrative Code and the PDI criteria contained in the LDC and I could not find any provision that would require the proposed change to be processed as a PUDA. I have copied Mike to see if he concurs. Rai Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 �>V- 9-A, a . Packet Pg. 225 Goer Couvtty Exceeding expectations, every day! TO us how we are doing by taking our Zoning Division Survey at https://aoo.gl/eXovgT. From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday, June 30, 2022 10:20 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: Change to Affordable Housing Commitment - Is it still a PDI? Hi Ray, We had a PDI preapplication meeting for Kaicasa PUD. The petitioner proposes to change the AMI for income - restricted housing from 60% to 120%. (Please see attachment). The PUD is not using any Affordable Housing Density to achieve its density and was originally approved in 2007. The petition falls within the parameters for being processed as a PDI. However, a concern was expressed that anybody who has income -restricted housing approved by the BCC could then turn around and then file a PDI to remove it. Can we still process Kaicasa PUD as a PDI? Please confirm. Respectfully, N&ey Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. P'-6." 9.,?+ . '75 Packet Pg. 226 I 9.A.1.e I ThomasClarkeVEN From: GundlachNancy Sent: Thursday, July 28, 2022 10:39 AM To: ThomasClarkeVEN Subject: FW: Change to Affordable Housing Commitment - Is it still a PDI? From: GundlachNancy a Sent: Tuesday, July 5, 2022 12:19 PM o To: 'Amanda Martin' <ab@johnsoneng.com> a Subject: FW: Change to Affordable Housing Commitment - Is it still a PDI? Hi Amanda, Y We have confirmed that due to the AMI provision, the proposed changes to the Kaicasa PUD must be processed A as a PUD Amendment (PUDA). It will be heard by the CCPC/BCC instead of the HEX. c 0 N Respectfully, N J / Cip ti N O Nancy Gundlach, AICP, PLA N Principal Planner = Zoning Services o r �a (239)252-2484 a a Nancy.Gundlach@colliercountyfl.gov Q c From: BosiMichael <Michael.Bosi@colliercountyfl.gov> E E Sent: Tuesday, July 5, 2022 11:41 AM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; BellowsRay a <Ray.Bellows@colliercountyfl.gov> }; Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? s Yes, Nancy. We will need to process this as a PUDA, the adjustment of the AMI is a policy decision that requires Board Q approval. mike From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Tuesday, July 5, 2022 11:37 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountvfl.gov> Subject: RE: Change to Affordable Housing Commitment - Is it still a PDI? Hi all, �'+U o Packet Pg. 227 Just following up, have we determined whether Kaicasa can be processed as a PDI? Respectfully, lllalv Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy-Gundlach(@colliercountvfl.gov ds request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. a rY Packet Pg. 228 ThomasClarkeVEN C 9.A.1.e ►� C �- �� Z c z z6603g3e From: GundlachNancy Sent: Thursday, July 28, 2022 10:39 AM To: ThomasClarkeVEN Subject: FW: Kaicasa PUDA - Enviro Doc's Needed? From: BrownCraig <Craig.Brown@colliercountyfl.gov> Sent: Friday, July 22, 2022 3:48 PM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Cc: Amanda Martin <ab@johnsoneng.com> Subject: RE: Kaicasa PUDA - Enviro Doc's Needed? Hi Nancy, The change will not require any environmental data. Thanks HI Amanda!! Craig Brown Principal Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Friday, July 22, 2022 3:06 PM To: BrownCraig <Craig.Brown@colliercountyfl.gov> Cc: Amanda Martin <ab@Iohnsoneng.com> Subject: Kaicasa PUDA - Enviro Doc's Needed? HI Craig, The Kaicasa PUD is being amended to only change an Affordable Housing commitment. Are any of the followin@ Environmental Documents listed below required to be submitted? P' Packet Pg. 229 J I Environmental Data Requirements pursuant to LDC section 3.08.0( Environmental Data Requirements collated into a single Environm( Impact Statement (EIS) packet at time of public hearings. Coordina project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Inclu( copies of previous surveys. Please confirm. Respectfully, "COO Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach(cDcolliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Packet Pg. 230 9.A.1.e Co*r Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes C12114i9 cfi �✓fwrv�ry(7 — �C-� /��cG1L�C�.t� �'� h.�Y�y1/cT�e 5 �,c� r�,+.s�vn=�"�i-Tio,� -- i�C� ��w+le•-cam S" .a. ��r��. No ¢S - ��-�� 3.3 -2 LOw ..LyLC�Lrvl'C_. 1TlJ�-($iw� - V�CLiI /-�IC�W VL�ri'S'Z °UrrJT}}Ci 2 - Z 3 ycl - 2wtYFiL J 6Cu(3 LA Ovi� �IGLLi�w (�uytY Lv ULA Ch��ST� � `3�T�,�cOu►i 1 C CGtc.lEC CrJttwiy it Gi:U �' �%I}C 1 Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 231 CRer County 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliereov.net/Home/ShowDocument?id=75093. Comp Planning: Pre-App Meeting for PL20220003938 — Kaicasa (PDI). The subject site is parcel # 00137241004 and 00137521009 and are designated Urban Designation, Mixed Use District, High Residential Subdistrict on the Immokalee Future Land Use Map of the Immokalee Area Master Plan of the GMP. This subject site is zoned Kaicasa Planned Unit Development Zoning District. According to the Property Appraiser's website, the two parcels equal 100 acres and are owned by Habitat for Humanity. This RPUD was previously approved for a maximum of 400 DUs on the 100 Acres (4DUs/A). No change is proposed for the density or intensity and therefore remains consistent with the GMP. The applicant is requesting to amend the most recently amended Kaicasa RPUD Ordinance, by correcting Scrivener's errors and adjusting household income levels to be consistent with Habitat for Humanity policies. Please feel free to contact me with any questions. Sue Faulkner, Principal Planner, Comprehensive Planning 6-29-2022 Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Meeting Notes Updated 7/24/2018 CO 3.A Page 1-1--of 5 Packet Pg. 232 9.A.1.e ThomasClarkeVEN From: SawyerMichael Sent: Wednesday, June 29, 2022 3:14 PM To: ThomasClarkeVEN; GundlachNancy Subject: Kaicasa Pre App Meeting Notes /PU00-) Thomas, Please provide the following pre app meeting notes: For this petition request please provide a letter of no impact TIS Waiver; (separate letter on letterhead requesting the waiver based on no transportation impact changes). Please let us know of any questions -concerns. Respectfully, Michael Sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael. sawyer(a,col liercountyfl.g_o_v Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. '7_4 V'O Packet Pg. 233 9.A.1.e ThomasClarkeVEN From: Beard Laurie Sent: Wednesday, June 29, 2022 1:17 PM To: GundlachNancy Cc: ThomasClarkeVEN Subject: Pre -Application Meeting PL20220003938 - Kaicasa PR< // OA) Follow Up Flag: Follow up llC Flag Status: Flagged I have nothing for this pre -application meeting. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. Beard()CollIerCountvFL.aov Phone: (239)-252-5782 411 V4COWER�000NTYvv Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. C` Packet Pg. 234 Co e0r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220003938 Collier County Contact Information: 9.A.1.e Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ier Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov NancyGundlach,AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel. hansen@colliercountyfLgov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.hum phries@colliercountyfLgov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf GMP—Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com Ll Sean Lintz North Collier Fire 597-9227 Blintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 1 jack. mckenna@colliercountyfLgov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 235 9.A.1.e Co*r county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www-colliercountyfl.eov (239) 252-2400 ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@coiliercountyfLgov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rich ard.orth@colIiercountyfLgov ❑ Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Its Michael Sawyer GMP, Comp Planning Manager Transportation Planning 252-2708 252-2926 james.sabo@colliercountyfl.gov michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@coiliercountyfLgov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@coiliercountyfLgov Additional Attendee Contact Information: Name Representing Phone Email �iN hl �vd ✓} iLiY�IGTi /t/ \%Uhw s , , F n, - 24, . Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 236 9.A.1.e Kaicasa (PDI) — PL20220003938 ----Nancy Gundlach ( Participants (14) — ❑ X Q Find a participant thomas clarke (Host, me) RAI CormacGiblin A 0 Nancy Gundlach. Principal Planner c� N Y O 12392694328 �,_ ao M O le:,ancler Sho,,valter M O N N © Christiebetancourt �— L'V1-'� / O a • • DereE, D. Perr.. Count}, Attorney's Office % CA 04 N © EricOrtman o Jacob LaRa,v -Collier County. FL 7 c� •Q Lisa LefN:oo; a Q c a� sa,,vyermichael 0 i1 L Sue Faulkner CCU 0 pC�� ti 1 Q Jared Brown E c� w Q Packet Pg. 237 9.A.1.e Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. P1_20220003938— Kaicasa (Q�%/�/jam\ Planner_Nancy Gundlach Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Amanda Martin (239) 461-2487 0 • Agent to list for PL# a - Amanda Martin y • Owner of property (all owners for all parcels) Y Habitat for Humanity of Collier County M M O O • Confirm Purpose of Pre-App: (Rezone, etc.) O N Request to adjust household income levels N J IL • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): o No change to the approved density. N 0 a • Details about Project: Q 0 c m E t U REQUIRED Supplemental Information provided by: f0 Q Name: Amanda Martin Title: Planner III Email: amartin@johnsoneng.com Phone: (239) 461-2487 r r Q Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Packet Pg. 238 Co*r County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the L7 c CI LCI ILCIVI= VI JUldl II IICf UbL. Name and Address I % of Ownership I If the property is owned by a CORPORATION, list the officers and stockholders and the erceniage oT stocK ownea Dy eacn: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 239 C017 COunt y 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the nerd! dnu/Ur nrnlLeu Ndruierb: Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers. stockholders. beneficiaries. or partners: Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a corporation. oartnershio. or trust: g. Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 240 Cofffer County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: . or Anticipated closing date: I AFFIRM PROPERTY OWNERSHIP INFORMATION I Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 241 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PYD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at h_ttp://www.colliercountyfl.gov/Home/`ShowDocument?id=76983. 9.A.1.e REQUIREMENTS COPIES REQUIRED NO REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ^� El ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1Er L Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1Li Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ 9 Traffic Impact Study — P/�L✓r6'12 �Ce�te:� �c u,, .ud'tcT _ S, a f0c,"TeS 1 Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 Li Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)' ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ I� Checklist continues on next page February 1, 2019 Page 9 of 11 Packet Pg. 242 9.A.1.e Cod ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8'/z" x 11" copy ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ [Ell ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ �'� *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses 7OV Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE If FLUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Tfl Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams & David Berra ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: I ASSOCIATED FEES FOR APPLICATION I i, Pre -Application Meeting: $500.00 �✓�'' ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ RUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ;'PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ?r' Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: p Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. Q Minor Study Review: $750.00 p Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Packet Pg. 243 Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ❑ Legal A ,fivertising Fees: cdl : $1,125.00 r: $500.00 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee Signature of Petitioner or Agent Printed named of signing party Date 9.A.1.e February 1, 2019 Page 11 of 11 Packet Pg. 244 9.A.1.e 61$g101172j3a /� "� 3 N -, Q0 0 ti o ti, �Ol28=f�9ZSZb2���1, ORDINANCE NO. 07- 34 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 ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE -HOME OVERLAY (A -MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN SECTION 12, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Laura Spurgeon, AICP of JOHNSON ENGINEERING, INC., representing HABITAT FOR HUMANITY OF COLLIER COUNTY INC., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 47 South, Range 27 East, Collier County, Florida, is changed from the Agriculture Mobile -Home Overlay (A -MHO) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District known as Kaicasa Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Q Packet Pg. 245 9.A.1.e SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this J 7 day of 0 6- r ?- L L , 2007. ATTEST: '5.6' y DWIGHT�'-BRO ,CLERK D pu +Clerks .'j' 'm5 to Chairman Approyed aR` IfotPn and legal sufficiency Marjori . Student -Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: J ES COLETTA, CHAIRMAN This ordinance til with thl 5ecr terry of S ate'stOffice the and acknowledgemenj,of tho film received ifiis _ der, of k' Z f) oea„�y erk Packet Pg. 246 9.A.1.e Community Development and Environmental Services Division KAICASA RPUD /1 RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" Packet Pg. 247 TABLE OF CONTENTS 0 PAGE LIST OF EXHIBITS AND TABLES i STATEMENT OF COMPLIANCE f° SECTION I PROPERTY OWNERSHIP & DESCRIPTION 06 M I -I through I-2 cn M O SECTION II PROJECT DEVELOPMENT O II-1 through II-2 N SECTION III RESIDENTIAL AREAS O 04 III -I through I11-3 a SECTION IV PRESERVE AREAS IV-1 through IV-1 N 0 SECTION V DEVELOPMENT COMMITMENTS V-1 through V-3 N SECTION VI DEVIATIONS c VI-1 r m U a a a 0 E r a r E U f0 a Packet Pg. 248 9.A.1.e LIST OF EXHIBITS AND TABLES EXHIBIT I Location Map EXHIBIT 2 RPUD Master Plan TABLE 1 Project Land Use Tracts Page II-1 TABLE 2 Development Standards Page I11-2 Packet Pg. 249 9.A.1.e STATEMENT OF COMPLIANCE The subject property consists of 100+ acres of property in Collier County, Florida, and will be developed as a Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within the Immokalee Planning Community. The proposed development will consist of up to 400 residential dwelling units in the form of single-family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) for the following reasons. 1. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated High Residential District on the Immokalee Area Master Plan (TAMP) Future Land Use Map. According to the IAMP, the purpose of the High Residential District is to provide for a district of high density residential development. Residential dwellings shall be limited to multi -family structures and less intensive units such as single family and duplexes provided they are compatible with the district. A density less than or equal to eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the parameters described in the IAMP for the High Residential District, and satisfies Objective 1I.1 of the IAMP. 2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non -motorized vehicles consistent with Objective VI.I of the IAMP. In accordance with GMP Future Land Use Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown (FLUE) on the master plan. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining development which is the Farmworker's Village residential project to the west. The Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The proposed development will be consistent with all these designations for future use of surrounding properties. 4. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub -Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the IAMP. 5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the IAMP based on the following relationships to required criteria: Density per High Residential designation on Immokalee Future Land Use Map 8 DU/A Affordable housing density bonus 8 DU/A (100% are for low income households) Permitted density 16 DU/A PROPOSED DENSITY 4 DUTA 400 units on 100+ acres (gross acreage for residential use) 6. The provision of affordable housing in this development is consistent with Goal I of the Housing Element of the GMP and Goal III of the IAMP by creating affordable housing for residents of Collier County, including low and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of affordable housing units to meet the housing needs of the County which is consistent with Objective 1 of the Housing Element. 7. All final Iocal development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance in accordance with Policy IL 1.2 of the IAMP. ii Packet Pg. 250 9.A.1.e SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Kaicasa RPUD. 1.2 LEGAL DESCRIPTION The subject property, being 100+ acres, is described as: That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East, and that portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East, Collier County, Florida, described in O.R. Book 2153, Page 1901, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section 12; thence North 02°13'13" West along the West line of Southwest 1/4 of said Section 12, a distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest corner of the Southwest 1/4 of said Section 12; thence North 02°13'27" West along the West line of the Northwest 1/4 of said Section 12 , a distance of 179.09 feet' thence departing said West line, North 87°46'47" East a distance of 1235.30 feet; thence South 02"13'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right-of-way line of State Road No. 29; thence North 45°03'20" West along said Northerly line a distance of 730.92 feet; thence North 44°55'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02°19'02" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. A site location map is provided as EXHIBIT 1. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located at the southwest corner of Section 12, Township 47 South, Range 29 East and at the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A -MHO, Rural Agricultural with Mobile Home Overlay. I-1 Packet Pg. 251 9.A.1.e 1.5. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District. The natural drainage of the site is in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn, discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan. Water management for the proposed project is planned to utilize existing wetland features with added capacity in lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however, has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Firm Map Panel Number 150 (12021CO150G) dated November 17, 2005. The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDA/NRCS Soil Survey for Collier County, Florida. 1.6. PROJECT DESCRIPTION The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features, preserve areas and a recreation area. The site shall be designed, permitted and developed in phases through estimated buildout in 2009. 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance." I-2 Packet Pg. 252 9.A.1.e SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2. GENERAL Regulations for development of the Kaicasa RPUD shall be in accordance with the contents of this Document, RPUD- Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by EXHIBIT 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary water management Iakes, street rights -of -way, the general configuration of which is also illustrated by EXHIBIT 2. TABLE I Project Land Use TYPE UNITS ACREAGE Residential Single-family attached or 400 DU 48.05 ACRES detached, zero lot line, two-family, duplex, or multifamily dwelling units Lakes 9.02 ACRES Preserve Preserves (minimum. 24.1 acres) including upland buffers 30.18 ACRES Roadsi fight -of -Way 12.75 ACRES 100.00 TOTAL ACRES B. Areas illustrated as lakes on EXHIBIT 2 shall be constructed as Iakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EXHIBIT 2. Minor modification to all tracts, lakes or other boundary may be permitted at the time of plat or site development plan approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document- C. In addition to tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi-public) shall be established within or along the various tracts as may be necessary. II-1 Packet Pg. 253 9.A.1.e 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 400 residential dwelling units shall be constructed in the total project area. The gross project area is 100+ acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a site development plan and/or subdivision plat shall be submitted for the project. II-2 Packet Pg. 254 9.A.1.e SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated as residential tracts on EXHIBIT 2. 3.2. MAXIMUM DWELLING UNITS A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single-family detached dwelling units (A building which contains only one dwelling unit and is intended, designed, used and occupied by no more than one family); (2) Zero lot line dwelling units (A single-family attached or detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other); (3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership); (4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership); (5) Single-family attached dwelling units; (6) Multi -family dwelling units. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Common recreation amenities and play areas. 3.4. DEVELOPMENT STANDARDS (See Table II) A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See Table ll, Schedule of Development Standards). B. BUILDING HEIGHT: Building height shall be measured from the finished first floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. C. GARAGE REQUIREMENT: A minimum of a single car garage is required for each dwelling unit. III -I Packet Pg. 255 9.A.1.e TABLE 2 Development Standards for Residential Areas Single- Zero Two- Duplex -- unit is Single -Family Multi -family Family Lot Family fee simple, lot Attached Detached Line fee is common simple ownership lot PRINCIPAL STRUCTURES n mum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s.f. 9,000 s.f s. f. Minimum Lot Width' 35 feet 35 feet 35 feet 70 feet 17 feet 90 feet Minimum Floor Area 900 s.f. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Side Yard Setback' 5 feet 0 feet or 0 feet or 5 feet 10 feet 10 feet 5 feet 5 feet Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Preserve Setbacks 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Between Principal Structures ACCESSORY STRUCTURES Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Side Yard Setback S.P& S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet (Accessory) Preserve Setback6 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 0 feet or 10 0 feet or 0 feet or 0 feet or 10 feet 0 feet or 10 feet 0 feet or 10 Between Principal and feet 10 feet 10 feet feet Accessory Structures' ' On cul de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%. 2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk. ' For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of the principal structure. A minimum 10 foot separation between principal structures shall be maintained. 4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20 foot lake maintenance easement. 5 Preserve setback for principal structures also applies to under roof attached structures part of the primary structure. ' Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. 7 Attached accessory lanais or roofed screened areas qualify for 0-foot separation. Detached accessory structures require a minimum of a 10-foot separation. III-2 Packet Pg. 256 9.A.1.e Development Standards Notes: S.P.S.: Same as Principal Structure Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the deg-]: ament standards to be applied by the Customer Services Department during an application for a building permit. III-3 Packet Pg. 257 9.A.1.e SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a natural or enhanced state. The Master Plan shows up to 30.18 acres of preserved native vegetation, a minimum of which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum requirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD. 4.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits, when required: A. Principal Uses: (1) Open spaces/nature preserves; (2) Water management structures; (3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall not reduce the retained native vegetation below the minimum required. IV-1 Packet Pg. 258 9.A.1.e SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% of the median annual household income in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a certificate of occupancy (CO). C. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. V-1 Packet Pg. 259 9.A.1.e 5.5. TRANSPORTATION A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse curves on any project streets. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. C. Arterial level street lighting shall be provided at the development main access point. Access lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown on the Master Plan, F. Site -related improvements (as opposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No_ 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer, and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County right-of-way or easement, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. 5.G. STORMWATER MANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials. Water management V--2 Packet Pg. 260 9.A.1.e infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on -site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. V-3 Packet Pg. 261 9.A.1.e SECTION VI DEVIATIONS Deviation #1 seeks relief from LDC Section 6.06,01.0 (also Construction Standards Manual as revised in Supp. 17, 03-55) which requires minimurn local street right-of-way width of 60 feet. Section 5.5.A. of the RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas of the property for enhanced environmental quality. Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both sides of local streets. One 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood to on -site destinations as well as off -site to Farmworker's Village. This deviation will not adversely impact pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water quality and storm attenuation. Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55, which requires tangents for all streets between reverse curves, unless otherwise approved by the community development and environmental services division administrator. Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project streets." This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super -elevated curves. With a speed limit of 25 miles per hour, the design promotes traffic calming. VAT-1 Packet Pg. 262 i .T 1 Immokalee _.. Airport i ,. C;�NQYiNI'XCIA uj I A1� B° g: Feet aMaFi sa OUD %F; Exom uca" Rom hi�1 WT U . Iert1 a try t arurrlrrr rw�GWa3%43"333 on r ra a �u Mo ..-I F9-M J��w ? t� L� ** i1 t E N G N F E R N 6 "x (af"m 1 i fllai 7�1� tlf tH7.� krM 0 D a N fC U Y C M M M O O O N N O N J 0. ti N O N C O U Q SZ Q 0 C u r a CD E ci a EXHIBIT I Packet Pg. 263 9.A.1.e COLLIER LAND HOLDINGS, LTD 10' TYPE "A" A -MHO BUFFER R — RICH RESIDENTIAL 10' TYPE "A'� 2SAAC R I }� I I 10 TYPE "A" BUFFER I I I BUFFER �I _ 7 .— L-- J. — — — / f / R I HIGH LAKE d RESIDENTIAL I 1.48. AC _ I - 'PRESERVE ' \ \ TO \ LOT 0 125' 25p' 500' R\ \ SCALE: 1 — 500' I \ \ �1 f R 1 / II 10' TYPE '0" I R I t BUFFER RriF&RVE - I 4 COLLIER COUNTYHOUSINGAUTHORRY FARMWORKER'S VILLAGE l R9FJ L A — R X1. TYPEn B. BgFF E FFER to p A -MHO N 20' TYPE t BUFFER O 1 \ \ LAKEZ} } 1 \ \ ♦ xz1-Ar' I I R N \\\ \\ I I \ \ \\ \ \ R \\ I I "D + \ \ \ \ `R \ \ \\ f \ \ > /TOT LOT C � \ SILVER STRAND III - PARTNERSHIP A -MHO PRESERVE COLLIER LAND HOLDINGS, LTD A -MHO LAND USE KEY RESIDENTIAL (R) -Sirgta Family, Attached or Detached -Two Famiky - Zero tot Line -Duplex -Multflamlly -Common Area -Open Space, Water Maneeernent Areas -701 Lot Recreation Area LEGEND PRESERVE AREA WATER MANAGEMENT AREA RPUD BOUNDARY RuGHT.OF-WAY pU0 ADJACENT ZOMNG CLASSIFICATION LUC ADJACENI LAND USE CIASSIFICAT{ON PROJECT LAND USE RESIDENTIAL USE AREA 48,05ACi LAKE 9.02 ACt PRESERVE* 3018 ACt ROADSIROW 12.75 ACx TOTAL NET ACREAGE 100.110 ACt IMPERVIOUSARPA 23.50AC3 MINIMUM OPEN SPACE(60%) 60.00 AC:* 400 UNITSFIOD AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: I.Open space shall include active end passive mcroalion areas such as playgrounds, gulf cou-4 beach fmntago, waterways legoum, good plains, nature trails and other sumil}ar open spas.., including areas set aside far proserv.tioa ofnaliw vsVladoil & landscaped areas. 2. The RPUD master pleas eh.ell be c9oWered eooceparal in nature. 3. The total number ordwclling units is limited to a mpxlmwn of 4D0 units 4. The design and permitting of all improvements within the, dghRatLway of Sr.m Rood 29 .hail be in accmdancn with the Florid. Department of'Transpndallon Mqultemcnts. 5. Within the Knscau RPUD, a 60a: minimum! open IPWc shall beaohteved overibe Whole devcl0Po1VPL A minimum 25% napve vegan tion shall be renamed onaite to i.clado watlund preserves and upland prca0rves in aecordirwo Wilk collier Courtly Lead Doveloptn"I Code. CDC LAND INVESTMENTS. INC. A -MHO iA MINIMUM OF 30.0 ACRES WILL BE DELINEATED FOR THE PURPOSE OF PRESERVE 100' CANAL TRACTS IN THE FINAL DESIGN AND PLATTING. EASEMENT A MINIMUM OF 24.11 ACRES IS REQUIRED PER THE LDC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE. LOW RESIDENTIAL \ NAPL S.COURT NAPLES, FLORIDAFLOR}34112 PHONE (239) 434-0333 FA E N G I N EERING E.Bx0842 }dt434-9320 LEL 0642 KAICASA RPUD MASTER PLAN ATE PROJECT NO, I FILE NO. SCALE SHEET OCT 2006 20055195 12-47-29 1" + 500' 1 EXHIBIT 2 Na 6L Y C Cl) O M O O O N N O N J a ti N O 04 t4 V .Q CL Q 0 d t t� Q C d t V fC rr a EXHIBIT 2 Packet Pg. 264 9.A.1.e STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-34 Which was adopted by the Board of County Commissioners on the 27th day of March, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of April, 2007. DWIGHT E. BROCK Clerk of Courts and''Clerk Ex-officio to .ofj. County Commigsi ers P4' y: Teresa Polaski, Deputy Clerk a o= Y C M M O O O N N O N J a ti N O le 0 r Q a Q 0 r _ a� E Q w d r a Packet Pg. 265 4yb�$g101172���� 7 N fC J 9ZVS / 9.A.1.e ORDINANCE NO.08- 15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, J AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR, BY,: PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 07-34, THE KAICASA RESIDENTIAL PLANNED ` UNIT DEVELOPMENT (RPUD) TO CORRECT SCRIVENERS ERRORS; AND BY PROVIDING AN =lice EFFECTIVE DATE. WHEREAS, on March 27, 2007, the Board of County Commissioners adopted Ordinance No. 07-34 establishing the Kaicasa RPUD; and WHEREAS, following said action adopting Ordinance No. 07-34, it was determined that the Kaicasa RPUD Document, as transmitted to the Department of State, omitted a provision that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SUBSECTION 5.6., ENTITLED "STORMWATER MANAGEMENT," OF ORDINANCE NO. 07-34, THE KAICASA RPUD. Subsection 5.6., Stormwater Management, of Ordinance No. 07-34, the Kaicasa RPUD, is hereby amended to read as follows: 5.6. STORMWATER MANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials. Water management infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the north bank shall be conveyed to Collier County prior to issuance of the first CO. C. Base flood elevation approval shall be obtained from the Federal Emergency Management Agency(FEMA) and submitted to the County prior to the Qproval of any subsequent final development order, such as site development Tans/construction plans. 0 a rr w �a u Y C6 M M 0 0 0 N N 0 N CD a N e c 0 u Q 0. a 0 ♦+ c d E s M w c d E 0 M R Page 1 of 3 Packet Pg. 266 9.A.1.e SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SUBSECTION 5.8., ENTITLED "ENVIRONMENTAL," OF ORDINANCE NO. 07-34, THE KAICASA RPUD. Subsection 5.8., Environmental, of Ordinance No. 07-34, the Kaicasa RPUD, is hereby amended to read as follows: 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendation of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impact to protected species on site. A Habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowner's association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. The applicant shall incorporate the "Standard Protection Measures for the Eastern Indio Snake" Service 2002) into any County development orders authorizing any land clearing or construction activities. D. Compensation for impacts to wood stork and Florida panther habitats must be addressed as part of the South Florida Water Management District SFWMD Environmental Review Permit (ERP) process and the United States Army Corps of Engineers (USAGE) permitting process in consultation with the Florida Wildlife Service prior to site development plans/construction plans approval E. The applicant must include an analysis of potential water quality impacts of the ro'ect during review of the first site develo ment plan or first set of construction plans. This will be accomplished by evaluating water quality loadings expected from the project(post development conditions considerin the Rroposed land uses and stormwater management controls compared with water quality loadings of the project area as it exists in its predevelopment condition. This analysis shall be performed using methodologies approved b federal and state water quality agencies.,., County review and approval of this. analysis shall be required prior to constructionplans/site development plan approval. F. The applicant shall be required to submit a full five-day wildlife survey at the time construction plans/site development plan are submitted The survey must be less than one vear old at the time of submittal. G. All preserve areas shall be evaluated at the time construction plans/site development plans are reviewed to ensure that such areas are consistent with the Growth Management Plan. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. Page 2 of 3 Packet Pg. 267 9.A.1.e PASSED AND DULY ADOPTED by majority vote by the Board of County Commissioners of'Collier County, Florida, this day of ri 40-L 2008. ATTEST; DWI6HTIE.BROCK, CLERK J By: -1_ - Atg� at to-, slynetwo 041 pity Clerk }� ■ Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COY4TY, FL IDA By: TOM HENNING, CHAIRMAN Mar orU M. Student -Stirling J Assistant County Attorney Page 3 of 3 This ordinance filed with the Secretory of State's Office the 3t* day of - and ocknowledgement of that film received$ clay of By Depu Packet Pg. 268 9.A.1.e STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-15 Which was adopted by the Board of County Commissioners on the 25th day of March 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of March 2008. DWIGHT E. BROCK Clerk of Courts and Cl�rk Ex-officio tp'Bodrd of County Commissioners_ By:Martha Verg , Deputy Clerk a W M Y C M O M O O O N N O N J a N O IT N C 0 r M .Q a a 0 c m E U c� r Q c m U f0 Q Packet Pg. 66 ] `01, 4: 67 e: i ORDINANCE NO. 10- 3 5 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF = COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR, BY PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 07-34, AS AMENDED, THE KAICASA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO CORRECT SCRIVENER'S ERRORS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 27, 2007, the Board of County Commissioners adopted Ordinance Number 07-34 establishing the Kaicasa Residential Planned Unit Development (RPUD); and WHEREAS, on March 25, 2008, the Board of County Commissioners adopted Ordinance Number 08-15, which Ordinance corrected certain scrivener's errors in Ordinance Number 07-34; and WHEREAS, following said action of adopting Ordinance Number 07-34 and Ordinance Number 08-15, it was determined that the Kaicasa RPUD Document, as amended, -and as - transmitted to the Department of State, omitted a provision that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY _ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE TITLE OF ORDINANCE NUMBER 07-34, AS AMENDED, THE KAICASA RPUD. The Title of Ordinance Number 07-34, as amended, the Kaicasa RPUD, is hereby amended to read as follows: ORDINANCE NO. 07-34 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 ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE - HOME OVERLAY (A -MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE Words underlined are added; words stricken thfough are deleted 9.A.1.e c a Ua M 16 Y C6 M rn M O 0 N N N N N J a N O v N C 0 u Q a a 0 d E 0 u a d E 0 u M Packet Pg. 270 9.A.1.e INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN SECTIONS 12 AND 13, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SECTION ONE OF ORDINANCE NUMBER 07-34, AS AMENDED, THE KAICASA RPUD. Section One of Ordinance Number 07-34, as amended, the Kaicasa RPUD, is hereby amended to read as follows: The zoning classification of the herein described real property located in Sections 12 and 13, Township 47 South, Range 29 East, Collier County, Florida, is changed from the Agriculture Mobile -Home Overlay (A -MHO) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District known as Kaicasa Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by ma.o 't vote by the Board of County Commissioners of Collier County, Florida, this _day of c:�Vf�, 2010. ATTEST: DVc*fT E;BROCK, CLERK ALti3t '!►�' Apj O�ounand 1 ciemy. Assistant County Anomey y s.10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / L BY: J' FRED W. COYLE, CHAIRMAN This ordinance filed with the Secretory of State' Office the 110_ day of , ZQ � and ocknowledgemenA pf that filin rec ived this 0' _r day of (1 owwv ct«k �S Words underlined are added; words s4ieken thfough are deleted c a o: Ua N u Y C6 M T M O O O N N O N J a N 0 v c 0 2 Q a a 0 d E s u Q c m E s u m Q Packet Pg. 271 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-35 Which was adopted by the Board of County Commissioners on the 14th day of September, 2010, during Regular Session WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of September, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners V By: Teresa Pclal, Deputy Clii'rk Q Packet Pg. 272 9.A.1.e AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance 1 (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this day of ,p ,— , 2010 by 14X,4&./)4 A1,AC i A , who is personally known to me, M (Signature Notary ublic) ��s� � , �✓��4 �ii,7/1�9.�i Printed Name of Notary G:1NIM Procedures/Affidavit Of Compliance - NIM Oct2010.Doc (Notary Seal) LISA J. BAUGHMAN NOTARY PUBLIC STATE OF FLORIDA NO. GG98218 MY COMMISSION EXPIRE8 AUG' 09, 2024 Packet Pg. 273 09L8/09L56 AJaAV pane alglfedwoo WW L9 x WIJJ 9Z tewio} ap allanbi13 09L8/09 L5®AJaAV ullm alglLedwoo „8/4 Z x,,[ azls lagel BARRON COLLIER P'SHIP LLLP ON COLLIER P'SHIP LLLP 2600 GOLDEN GATE PKWY # 200 2600 GO ATE PKWY # 200 NAPLES, FL 34105---3227 NAPLES, FL 347D 227 Duplicate COLLIER CNTY HOUSING AUTHORITY 1800 FARM WORKER WAY IMMOKALEE, FL 34142--- 5544 COLLIER LAND HOLDINGS LTD 999 VANDERBILT BEACH RD #507 NAPLES, FL 34108 --- 0 MULLINS, JOY L 2475 STATE ROAD 29 S IMMOKALEE, FL 34142--- 9734 COLLIER CNTY H07SQ4,.AUTHORITY 1800 FARM W WAY IMMOKALEE, FL 34142-- Duplicate HABITAT FOR HUMANITY OF COLLIER COUNTY 11145 TAMIAMI TRL E NAPLES, FL 34113--- 7753 SILVER STRAND III PARTNERSHIP 2600 GOLDEN GATE PKWY STE 200 NAPLES, FL 34105 --- 3227 WZ W. 9.A.1.e CDC LAND INVESTMENTS INC 999 VANDERBILT BEACH RD #507 NAPLES, FL 34108 --- 0 CNTY HOUSING AUTHORITY 1800 WORKER WAY IMMOKALEE, FL ---5544 Duplicate HABITAT FOR HUMANITY LLIER COUNTY INC 11145 1 TRL E NAPLES, FL 3411 -- Duplicate VFR STRAND III PARTNERSHIP 2600 GATE PKWY STE 200 NAPLES, FL7�---3227 Duplcate label size 1" x 2 5/8" compatible with Avery 05160/8160 Packet Pg. 274 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 9.A.1.e November 4, 2022 Dear Property Owner: Please be advised that Habitat for Humanity of Collier County, Inc. has submitted petition PL20220003938 to Collier County for a Residential Planned Unit Development (RPUD) Amendment for the following described property: The Kaicasa RPUD is approximately 100 acres bordering on the east side of Farmworkers Village, on the north side of State Road 29, approximately 2 miles east of the intersection of State Road 29 and County Road 846 and located in portions of Section 12 and 13, Township 47 South, Range 29 East. The property owner is petitioning Collier County to amend the Kaicasa RPUD to revise the income levels served by the development as described in Ordinance 07-34 Section 5.4.13 to serve households with income up to and including 120% of the area median income (AMI). Additionally, the covenants and restrictions to ensure affordability of all dwelling units is being increased from a period of at least fifteen (15) to thirty (30) years from the date of issuance of a certificate of occupancy (CO). [PL20220003938] A Neighborhood Information Meeting will be held to provide you an opportunityto become fully aware of the petition and to give you an opportunity to ask questions and provide comments. The Neighborhood Information Meeting will be held on: Monday, November 21, 2022 at Lipman Family Farms Conference Room 306 E. Main Street, Immokalee, FL 34142 If you have questions prior to the meeting or if you want to participate remotely, please contact Amanda Martin at (239) 461-2487 or amartin@johnsoneng.com. Sincerely, JOHNSON ENGINEERING, INC. Amanda Martin, AICP amartin@iohnsoneng.com (239) 461-2487 Packet Pg. 275 9.A.1.e City Final Publication Date Naples 11 /5/2022 State Ad Number FL GC10971492 ZIP Code Publication 34113-7753 Naples Daily News Your Name Market Marita Froimson Naples Email Address Delivery Method mfroimson@gannett.com Both Number of Affidavits Needed 1 Customer Email ab@johnsoneng.com Customer Name Habitat For Humanity Collier Development Customer Phone Number (239) 775-0036 Customer Address 11145 Tamiami TRL E Naples, FL 34113-7753 Account Number (If Known) 532217 Name Habitat For Humanity Collier Development Street 11145 Tamiami TRL E Packet Pg. 276 9.A.1.e Napt]CS 43a*tlj NJCW6 PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 HABITAT FOR HUMANITY COLLIER DEV 11145 TAMIAMI TRL E NAPLES, FL 34113-7753 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee courdies of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 11/5/2022 Subscribed and sworn to before on NOVEMBER 5TH, 2022 054 otary, tV,,r ounty of B n My commiss: PUBLICATION COST: $1,008.00 AD No: GC10971492 CUSTOMER NO: 532217 PO#: 10-19-22 NIM AD SIZE: DISPLAY AD W/ MAP 3X9.95 NANCY HEYRMAN Notary Public L - -- &'� I States of Wisconsin Packet Pg. 277 9.A.1.e PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting hosted by Habitat for Humanity of Collier County,lnc. on: Monday, November 21 at 5:30 p.m. at Lipman Family Farms Conference Room 306 E. Main Street, Immokalee, FL 34142 Subject Property: The Kaicasa Residential Planned Unit Development (RPUD) is approximately 100 acres bordering on the east side of Farmworkers Village, on the north side of State Road 29, approximately 2 miles east of the intersection of State Road 29 and County Road 846 and located in portions of Sections 12 & 13, Township 47 South, Range 29 East, Collier County, Florida. Y , F k- III" SCHOOL _ ,s._Ezy'�E .. ., 4 zowN,or'iw�o Yrx fT� Project site The .property owner is petitioning Collier County to amend the Kaicasa RPUD to revise the income levels served by the development as described in Ordinance 07-34 Section 5.4.13 to serve households with income up to and including 120% of the area median income (AMI). Additionally, the covenants and restrictions to ensure affordability of all dwelling units is being increased from a period of at least fifteen (15) to thirty (30) years from the date of issuance of a certificate of occupancy (CO). [PL20220003938] WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer. If you have questions prior to the meeting or if you want to participate remotely, please contact Amanda Martin at (239) 461-2487 or amartin@johnsoneng.com. No-( ;1 rv7a111.'a1 9.A.1.e Kaicasa RPUD PUD Amendment PDI-PL20220003938 Neighborhood Information Meeting Summary Date: Monday, November 21, 2022 Time: 5:30 pm Location: Lipmans's Conference Room , 306 E. Main St. Immokalee, FL 34142 Attendees: Amanda Martin and Kaitlyn Zindle (Johnson Engineering, Inc.) Lisa Lefkow, Mara Foley and Wilna Cariany (Habitat for Humanity of Collier County, Inc.) Nancy Gundlach (Collier County Growth Management) See attached sign -in sheets for public attendees. Meeting Summary: The meeting started at approximately 5:30 p.m. One additional attendee was present and inquired about homeownership qualifications (sign -in sheet attached). Amanda Martin introduced herself and the applicant representatives, Reverend Lisa Lefkow, Mara Foley and Wilna Cariany of Habitatfor Humanity of Collier County, Inc. She also noted that Nancy Gundlach, the Collier County Planning reviewer was in attendance and the meeting was being recorded. She explained the requirement for a Neighborhood Informational Meeting (NIM) is to discuss the two proposed changes for the previously approved Residential Planned Unit Development (RPUD). She gave background on the location of the Kaicasa RPUD and the 2007 RPUD approval noting that no bonus density was received although affordability commitments were made in the PUD document. There is no request to change the previously approved Master Plan, density or uses. Since the initial approval in 2007, not only has Habitat for Humanity adjusted their policies, but the economy and goals for the Immokalee community has changed overall. Ms. Martin explained that the first request is to revise the income levels served from at or below 60% of median household income to serve up to and including 120% area median income (AMI). This change will bring the PUD commitment up to date with current policy of Habitat for Humanity, which is to provide home -ownership opportunities that are affordable for a mix of income levels. This request aligns with the recently adopted Immokalee Area Master Plan Housing Goal 4.2.3 which aims to "Provide a mix of housing types and price points to allow for safe, high -quality dwelling unit options in Immokalee." The second request is to increase affordability commitment from a period of at least fifteen (15) to thirty (30) years from the date of CO (certificate of occupancy). By extending the timeframe it will ensure the long-term affordability for homeowners. A participant asked how the proposed changes impact his application process. The applicant's representative inquired about the participants income level and estimated that his income level falls within the 60% AMI level, which meets the proposed income level affordability commitments. The meeting concluded at approximately 5:40. Page 1 Packet Pg. 279 A� W O c� M C Q E O w E V O c v� 4) O O G y N H � Q C o E S sah •( N Z N Cl a N N C t0 E N d V O •" Z (andE eseo!eN `8£6£000ZZOZ-1d : LZOtIZ) uoi;eoilddV-a;uewt4oe;;V :;uewt43e;;v v 0 co N J IL v J s o � W a O 4 6 .J S S N r.. S � . C CL O v u K CV vi 4 h d � a0 c� O CV CM Q �O OD R (andN L'SBOWN `8£6£OOOZZOZId : LZOVZ) u014e0iiddV-Q4uewy0e44y :4uewy0e4;y Q Q z LU 0 z LU Q 0 O O O m LU z z O Q O LL z 0 z LU LU N 0 N E 0 z R Q W (andN LMOWN `8£6£000ZZOZId : LZOVZ) uoi;eoilddV-a;uawyoe44V :4ueLugoe44V w c 0 O OEM 0 29 OE J U (andU eseOIL'N `8£6£OOOZZOZId : LZ04Z) u014e0ilddy-a;uewy0e44y :;uewy0e4;y O >, a,-^j V I • V I C >m O O Q O - n _> a� U � a� J O O �j C: O - U) •- O O :3 a 0 z z4-J 0 (andU eSeOIL'N `8£6£000ZZOZId : LZ04Z) u014e0ilddy-a;uewy0e44y :;uewy0e4;y J W i w J w 2 U z --q C - , 4 - U a� .�l u 4 '4-4 O p 4-a ,--� u O COO .r" u 74-1 O 4 , Wi r� a� ' o �D 4 o � .o �I.a . -0 (andU eSeOIL'N `8£6£000ZZOZId : LZ04Z) u014e0ilddy-(3;uewy0e44y :;uewy0e4;y CJ 4- ir�il TI -4-1 gip: o ° 4-- 4-- 4 CJ 7:; 7� � o � cn ' cC h 4 ors , a� 7I 4— •a 0 �I 9.A.1.e 8 Community Development and Environmental Services Division KAICASA RPUD I.\ RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 07-34 AMENDMENTS AND REPEAL 2008-15 and 2010-35 (Scrivener's errors) Exhibit "A" Stfike-thfouglris text deleted Underline is text added Packet Pg. 287 9.A.1.e SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION BA. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at of below 60%eaming up to and including 120% of the median am+ual household ineeme Area Median Income (AMII in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen thirty (N04-5) years from the date of issuance of a certificate of occupancy (CO). As hart of the annual PUD monitoring report the developer will include an annual report that provides the progress and monitoring of this affordability commitment. E$. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. v-1 Packet Pg. 288 9.A.1.e B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. C. Base flood elevation approval shall be obtained from the Federal Emergency Management Agency (FEMA) and submitted to the County prior to the approval of any subsequent final development order. such as site development plans/construction plans. (Scrivener's error Ordinance 08-15) 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on -site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. The applicant shall incorporate the "Standard Protection Measures for the Eastern Indigo Snake" (Service 2002) into any County development orders authorizing any land clearing or construction activities. (Scrivener's error Ordinance 08-15) D. Compensation for impacts to wood stork and Florida panther habitats must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Permit (ERP) process and the United States Army Corps of Engineers (USACE) permitting process jn consultation with the Florida Wildlife Service prior to site development plans/construction plans approval. (Scrivener's error Ordinance 08 15) E. The applicant must include an analysis of potential water quality impacts of the project during review of the first site development plan or first set of construction plans. This will be accomplished by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its predevelopment condition. This analysis shall be performed using methodologies approved by federal and state water quality agencies. County review and approval of this analysis shall be required prior to construction plans/site development plan approval. (Scrivener's error Ordinance 08-15) F. The applicant shall be required to submit a full five-day wildlife survey_ at the time construction plans/site development plan are submitted. The survey must be less than one year old at the time of submittal. (Scrivener's error Ordinance 08-15) G. All preserve areas shall be evaluated at the time construction plans/site development plans are reviewed to ensure that such areas are consistent with the Growth Management Plan. V-3 Packet Pg. 289 9.A.1.e I COLLIER LAND HOLDINGS, LTU tO' TYPE "A- A-heHO BUFFER 2S4'AF 10' TYPE "A" - I I R 4 f� BUFFER I I I L-- — — .— _ l / f / R HIGH I - LAKE 4 RESIDENTIAL I _ 1.48. AC I 'PRESERVE ' 1 \ \ To \ LOT ti � \ R \ \ I R\ \ R I I \ \ �1 1 R 10' TYPE 'D" ( - R 1 l BUFFER '> P.AESERVE COLLIER COUNTY I - HOUSING AUTHORITY FARMWORKER'S VILLAGE T \ OT 1 TYPE 'B" FFER LID LAKt 2. \ R \\ ( I - zD• TYPE "D \ R ♦ \ \ 1 o BUFFER \ \ c \ \ \ ! S w SILVER STRAND 111 �0 v PARTNERSHIP PRESERVE I in rp era iO 100' CANAL n EASEMENT m LOW AESMENTIAL ` O ry ti HItlH ftEBIOENTiAL 10 TYPE 'A" BUFFER RI 0 125' 2�50' Ir LE5000' SCAy---- — 50J0' COLLIER LAND HOLDINGS,LTO A -MHO LAND USE KEY RESIDENTIAL (R) -SV91a Family, Attached or Detached -Tam Family - Zero Lot Line -Duplex -Mullilamily -Common Area -Open Space -Water Management Areas -Tot Lot Recreation Area LEGEND PRESERVE ARFA WATER MANAGEMENT AREA RPUD BOUNDARY W RiGhj'.oF WAY PUD ADJACENT ZONING CLASSIFICATION LDC ADJACENT LAND USE CLASSIFICATION PROJECTI.AND USE RESIDENTIAL USE AREA 48,05ACt LAKE 9.02 ACt PRESERVE' 30.18 ACt ROADSIROW 12.75 ACt TOTAL NET ACREAGE 100.00 ACt IMPERVIOUS AREA 23,50 ACt MINIMUM OPEN SPACE(50%6 $O.00 ACt 400 UNITS/100 AC, = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: I, Upon space ihelt include naive sod passive recreation green arch aE playgrounds, golf eerrom, bench fmnlage, waterways litpum, !€out Plains, nehue trails undothcr aimii(H Open apueea, including arepa set aside for lints—ation oftialivc vegcladon & landscaped arms. 2. TLc RPUD nneshrr Plan shall be considered conceptual in nature. 3. The fatal number of dwciling units is lirrrih:d to a MMIMum of 400 units 4. The d"sign and permining of ali improvements w€thin rho righNs&way of Sieeo Rend 29 shall be is accorda-s. with dse Florida DePenmerit ofTnnsportalion miluttern". 5. Within the" RPUD, a 611Ys mine vem open tpsce Mil beachraved ovcrthe whole development A minimum 25% net,- vegetation shall be rcubxd omit. to include watlond Wscv and upland pmsuves ie seemdmgo with Collier. Coer ly Lard Development Code CDC LAND INVESTMENTS. INC. A -MHO •A MWIMUM OF 311.0 ACRES N4LL BE DEUNEATED FOR THE PURPOSE OF PRESERVE TRACTS IN THE FINAL DESIGN AND PLATTING, A MINIMUM OF 24.11 ACRES IS REQUIREO PER THE LDC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE, 2350 STANFORD COURT KAICASA RPUD NAPL,ES, FLORIDA 34112 MASTER PLAN PHONE FAX (2�3 39)434 9320 ENGINEERIN G E-B. #842 & L.B. 0642 DATE PROJECT No, FILE NO. ISCAILE SLEET OCT 2005 20055195 12-47-29 1 1' . 500' 1 EXHIBIT 2 (Approved Master Plan on 07/25/22 per PMC-PL20220004449) a M M V Y O M M O O O N N O N J a ti N O C r M L.1 Q Q. Q ID C d z C E t C� M +r Q EXHIBIT 2 Packet Pg. 290 9.A.1.e COLLIER LAND HOLDINGS, LTD a -MHO 10' TYPE "A" BUFFER LAND USE KEY — —R— — — HIGH ftEBIDENTUL RESIDENTIAL(R) LAKr — -Single Family, ARachad er 4 Al � � R — I I Detached 254 AG IO' TYPE ' i ID TYPE 'A" -Two Famiry BUFFER - _ I I I� BUFFER I� -Zero l.ot Line -Duplex — — — — Mu Nlamlly ( R-corrnnon Area -Open Spaea HIGH LAKE4 -Water Manag nl Afaee RESIOENTIA! 1,48 AC -ICI Lot AI- ion Area I PRESERVE i To LEGEND ,LOT \ P .—EA 0 125' 250' 50500' A7ER MPNACENENTARE $t 0.,'— SOD,J RPUn BOD10ARV \ \ R ` ` I `1 1 R 1 10' TYPE 'D" I I BUFFER I I I II PRESERVE I COLLER COUNTY HOUSING AUTHORRY FARMWORKER'S VILLAGE I •B•.. I \ i TYPE FFER I I \ I 1 I \ - ( n UD 1 \ ♦ - LAKIE2 I c \ \ I f R \ l \ I 20' TYPE "D t BUFFER \ \ R \ \ \\ F TOT .. \ \ / LOT SILVER STRAND 111 0 \• \ / PARTNERSHIP PRESERVE Z a.MHO 'pTr�. I h 100' CANAL EASEMENT rn / LOW gE$IDENTIAL 0 MIQ +t'j\Mj 2350 S, COURT NAPEES, FLORIDAFLORI34112 COURT PHONE (230) 434—o333 NGINEERING FAX 642 4ILS.#60 E.B. /'642 h LB. (1642 — RIGnY-DP-wwY PUD PDJACENT TANAVGClASS61GiroN LUC ADAC—IL-PURECD IFI.AS PROJECT LAND USE COLLIER,LTD RESIDENTIAL USE AREA 48,05ACt HOLDINGS, LTD LAKE 9.02 ACE A -MHO PRESERVE' 7O.18 AC! ROADSIROW 12.75ACx TOTAL NET ACREAGE 100.OD ACe IMPERVIDUSAREA 23.EGAC3 MINIMUM OPEN SPACE(60M( 6000 AC3 400 UNITSMOD AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: L Open space dull include =live end passive mnmtion -- aueh M Pleygmunda, gulf eeunex, beach fmmegp, wakeweyf leeswm, DwJ P6im, neNm trails eml mMr nrtllliu open aPasc+, imludmg attaa =I aside Car psmervatwn of native vegchd44 I=d—wd arms. 2.7Le RPUD msamr plop dullbe c idvW coempr i in nasma. 3. The -Ml number ofdwallcne —n is Ismdwl N a maximum of400 its e de3ign and permming ofall impmvemmb wldue dm nghFOFway p(Ssam R 29 shell bamaecordaAee wide dla FlPrida DepWmanl oPTnmponNbn m4u ama. S Wuhl Kw— RPUD,a6D.mmhnum open spaep Mmll be=hineed—ft wlwle de mans A minimum 25%move vegdetion steelI be seLumd mytle to mclude we preserves old upland Pmgavq ie¢amd—'"WE. C—.Y Lmd O4vefo I Ceda CDC LAND INVESTMENTS. INC. A -MHO EXHIBIT 2 aA MINIMUM OF 30.0 CRIES WILL BE DELINEATED FOR Tiff POSE OF PRESERVE TRACTS IN THE FlNAL D GN AND PLATING. A MINIMUM OF 24.11 AC IS REOUIREO PER THE LDC NATIVE YEBETA EiENT10N REOUIREMENT ON SITE. KAICASA RPUD MASTER PLAN 17E PROJECT N0. RLE NO. SCALE 811EET OCT 2006 20055i95 12-47-29 i" 5DD' EXHIBIT IN4yL LL N M co) O O O N N O N J ti N O It N C O cu V .Q Q a C V r Q E u M Y Q EXHIBIT 2 Packet Pg. 291 10.A.a co ,er co-4nty Growth Management Community Development Department Memorandum To: Collier County Planning Commission (CCPC) From: Rich Henderlong, Planner III Date: December 20, 2022 Re: 2022 Comprehensive Administrative Code Amendment The Administrative Code for Land Development (Administrative Code) was adopted by the Board of County Commissions (Board) as Ordinance 2013-57, amendedby Resolution 2016-18 and is comprised of approval procedures for numerous land use applications. It was designed to assist applicants, design professionals, andCountystaff in understanding many of the permitting, public hearing, and administrative procedures for land use activities in a user-friendly format. Amendments, additions, revisions, or modifications that are required to maintain the Administrative Code are made by resolution by the Board and adopted by majority vote at any regular or special meeting. On occasion, the amendments to the Administrative Code are associated with Amendments to the Land Development Code (LDC), but these changes are infrequently reviewed by the CCPC, as the CCPC review of Administrative Code resolutions are not required. On April 28, 2020, the Board of County Commissioners (Board) directed staff to review the 2019 Comprehensive Administrative Code Update with CCPC members and provide an informational update of corrections and changes with the CCPC prior to the Board's adoption. On December 17, 2020, the CCPC reviewed the comprehensive update, offered several recommendations, and requested that staffbring it back and address the points of discussion. Staff s response to the points of discussion and recommendations, offered at that time, are itemized in Attachment 1. Since the CCPC's last review in 2020, additional updates to the text have been incorporated and proposed to update the Administrative Code. A summary of all changes, including editorial corrections and textual provisions, are highlighted in yellow in Attachment 2 and staff is prepared to give an overview of those changes. In addition, the Board has adopted several Administrative Code amendments (i.e., Resolutions 2021-48, 2021-143, and 2022-36) since the CCPC's last review, and these changes are shown in black textual font. As requested by the CCPC, in Chapter 14 -Appendices, Appendix B has been added to illustrate the Hearing Examiner's Meeting Review Process and Appendix A, the Development of Regional Impact (DRI) procedural flowchart has been updated. There are comments provided in the right hand margin to assist in the location and review of where text has been either moved, deleted, relocated and modified to another section or subsection since the CCPC's last review in 2020. Changes to Chapter Nine are based upon recommendations received from the Hearing Examiner and approved by the County Attorney's Office. Lastly, staff has identified, within certain Chapters, inconsistencies and missing information between the Administrative Code and Land Development Code relative to the decision maker and the particular reviewing agency. They are identified in Attachment 3 and will require Board adoption in a future Land Development Code amendment. Packet Pg. 292 10.A. b ATTACHMENT 1 Staff Responses to CCPC's Recommendations Proffered During 12-17-20 Meeting 1) On future amendments to the Administrative Procedures: Build in a layer of review by the CCPC before it goes to the BCC. Response: Staff will carry the CCPC's request to the Board for their direction 2) "Correct the inconsistency or ambiguity between the LDC and the administrative procedures as to who has what role". Response: This clarification will be made in a future LDC amendment. 3) Identify "How does the CCPC decide which matters come to the CCPC and which N should go to the HEX?" N In staff's judgement what should the CCPC focus on and pay careful attention to? c 0 What is the "great concern" or "great public interest"? Who makes the call? a� Response: o For each land use petition, the focus is on the standards and criteria set forth in the GMP and LDC. o The CCPC and HEX should both retain the authority to decide the nature and circumstances of a specific land use petition that warrants a greater public concern for a legitimate public purpose. 4) The staff person, facilitator, shall emphasize neutrality and enforce the LDC or see to that the administrative procedures and LDC are being followed by the applicant. Response: Staff will carry the recommendation forward to the Board. 5) For PUD Insubstantial Change, amend LDC 10.02.13 E.2. Response: The HEX hears all insubstantial changes, except when the nature of the land use petition and related circumstances thereof are determined by the HEX to require Planning Commission review and approval as a Decision Maker. 6) Amend LDC to add definition for"Comparable Use Determination" as follows: Response: "It is a determination that a use is comparable, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or PUD ordinance. " 7) Require both, a written transcript and video of the NIM and each speaker to be identified by name in the transcript. r Response: Staff will carry the recommendation forward to the Board. as E r 1 a J:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2023\01-05 Ad ministrative Code\Staff Response to CCPC Recommendations 08-15-22 Attachment 1.docx Packet Pg. 293 10.A. b ATTACHMENT 1 Additional Comments by Chairman Commissioner Fryer: On Agenda packet page 1538, the Planning Commission has oversight for insubstantial PUDAs. However, the text of 10.03.06 H identifies the HEX or Planning Commission as a potential. If it's truly insubstantial, it should be heard by HEX. So, there is some inconsistency. o This clarification will be made in a future LDC amendment. LDC 10.02.13 E.2. PUD procedures: Changes and Amendments, states an Insubstantial Change Determination require review and approval by CCPC. o The inconsistency will be clarified in a future LDC amendment. Staff notes the 0 following: LDC 10.02.13 E.3. PUD procedures: Minor Changes, require Iq approval by the County Manager or designee as established in the Administrative Code and by LDC 10.02.13 E.1. Substantial Changes require CCPC and BCC approval. N c 0 On Page 1537, there is a reference to the requirement for a NIM. In this new language y the HEX, in his or her own discretion, would be the only person authorized to say we don't need a NIM. o Staff suggest it be retained as the HEX has the right to require full review by the CCPC and BCC in certain cases. On page 1558, it looks like a definition of comparable -use determination. "A definition is solely needed and the one under L, where it says "applicability" is an excellent one. Because when one says something is comparable, they really mean, it has to do with similarity, compatibility, and consistency. This definition hits it on the head." This definition should be placed in the LDC at the appropriate time. o Staff will carry this recommendation forward to the Board for their consideration. On page 1559, There are multiple pages where everything is redlined out. A spot check finds not every single word that was redlined was out, it's been repeated. So, it's hard to see how things have changed. "Be more granular in your redlining somehow". Smooth? o The text has been revised and improved to allow the reader to better discriminate between words that are not stricken from those being added. On page 1729, the applicant is instructed to provide an audio or video transcript to staff Here is what needs to be added, the transcript is incomplete unless the speaker is identified by name in the transcript. Add this provision so there is no question about it: the applicant as part of their obligation to deliver a true and complete transcript that require people to identify themselves. o Staff will carry this recommendation forward to the Board for their consideration. 2 J:\LDC Amend ments\Advisory Boards and Public Hearings \CCPC\202M1-05 Administrative Code\Staff Response to CCPC Recommendations 08-15-22 Attachment 1.docx Packet Pg. 294 10.A.c ATTACHMENT 2 2022 Administrative Code Update Non -substantive changes have been made, including: • Minor grammar updates, and all LDC reference sections are highlighted in green color; • Terminology updates; • Division name updates; • In the case of where a bulleted list is present, the bullets have been replaced with letters; • Cross-references to Chapter 1, where additional details can be Comprehensive found, were added within the Initiation and Completeness and Non -Substantive Processing of Application sections; • `Affidavit of Authorization', and `Electronic Copies of All Changes Documents' have been added to all application types where previously missing; and • Additionally, all Public Notice Sign Templates have been removed, and the sign templates will now be found within Chapter 8 of the Administrative Code. • Added flexibility for staff to prepare either, an Executive Summary or Staff Report to the Review Process for certain procedures. • Statutory corrections and updates. Chapter -Sectional Change -Beginning Page Number General Description Chapter 1 - Introduction Ch.1 B.1— Administrative Added a reference to the County website that contains amendments to Code Amendment. 7 the Administrative Code. Added the ability to administratively update acronyms. Ch.1 C.7 — Growth Updated to accurately reflect the reorganized divisions within the Management Department GMD. GMD.8 Ch.1 D.2 — GMD Public Introduces the E-Permitting process and GMD Public Portal. This Portal (New Section). 9 new section also provides a reference to the County website that contains all pertinent E-Permittinginformation. Ch.1 D.3 Initiation of the Added the process of uploading applications electronically through the Application. 9 GMD Public Portal. Ch.1 DA — Pre -application Details the pre -application meeting request process through the GMD Meeting — Initiation of the pre- Public Portal and describes how the meeting will be scheduled. application meeting. 9 Ch.1 DA — Pre -application Removed and relocated information to Ch. 1 D.3.- Initiation of Pre - Meeting — Required Application Meeting. Documentation Relocated 9 Ch.1 D.5 — Completeness and The Completeness and Processing Letter was previously mailed, this Processing. 12 1 has now changed to a processing notification sent via email. N N 0 N N r c m E c m E a as 0 U N T 0 .y as N c as E z c� a as CO c M z U 0 J c a� E z M a Packet Pg. 295 10.A.c ATTACHMENT 2 Ch.I D.8 — Open and Closed Added note to access a link to GMD Portal which displays various Applications. 13 application statuses. Ch.1 D.9 — Pre -Construction Reflects the current process and timing of submittal requirements. Meeting. 13 Chapter 2 — Legislative Procedures Ch. 2 A. — Comprehensive Regular GMP amendments are now referred to as `large-scale' Plan Amendment. 16 amendments. This change is for clarity in amendment type and has been updated by Board resolution 2020-88. The Notice — Small -Scale Amendment subsection has been updated to include the requirements of a NIM, Mailed Notice, posting of a sign. A small scale amendment involves the use of 50 acres or less and adoption is pursuant to F.S. 163.3187. The Notice Large -Scale Amendment subsection currently contains a secondary Mailed Notice requirement which has been removed. Chapter 3 — Quasi -Judicial Procedures with a Public Hearing Ch. 3 B. — Boat Dock — Including This section contained 4 different application types with different Boathouse Establishment, Dock quasi-judicial and administrative review procedures. Each Facility Extension, and Boat Lift application type has been separated into individual sections for Canopy. 26 clarity and ease of use. Additionally, the Administrative Boat Lift Canopy application process has been relocated to Chapter — Administrative Procedures and listed as a new section "O"— Boat Lift Canopy -Administrative Review. The `Planning Commission' has been added as a Decision Maker for consistency with LDC section 10.03.06 H. Ch. 3 C.1— Conditional Use Added `Board of Zoning Appeals' (BZA) as a Decision Maker to Permit. 36 Public Hearingfor Minor Conditional Use petitions for consistency with LDC section 10.03.06 B. Clarified notice requirement for NIM and applicability for minor conditional use . Relocate sign template to Chapter 8E. Ch. 3 C.2 — Conditional Use Added 'Addressing Checklist' to Application Contents and `Board Extension. 41 of Zoning Appeals' (BZA) as a Decision Maker for consistency with LDC 10.03.06 D. Ch. 3 C.3 — Conditional Use Re- The Notice subsection has been updated to include the Mailed Review. 44 Notice requirement The Review Process subsection has been updated and added `BZA' as a Decision Maker for consistency with LDC 10.03.6 D. Ch. 3 CA — Conditional Use- This new section will become existing text and subject to the final Comparable Use Determination form approved by the BCC in January 2023. It is added per Board (CU-CUD) (NEW SECTION) 46 direction on October 12, 2021, for the process to determine if a new use is comparable, compatible, and consistent with permitted uses BCC Scheduled Review on 0 1 - in a standard zoning, overlay, orPUD district on a site specific, 10, 2023 land parcel or tract basis. A new CU-CUD application will be established after BCC adoption. N N O N N r C d E c m E a m 0 U a Packet Pg. 296 10.A.c ATTACHMENT 2 Ch. 3 DA — DRI Establishment. The Notice subsection has been modified to remove the existing 51 Mailed Notice, Posting of Sign, and now references the 2021 F. 5.380.06 and the Florida Administrative Code. Clarified Applicability subsection and added subsection, Recording, to require notice of the adoption of an amendment to an adopted DO be recorded by the developer pursuantto F.S. 380.06 4 c . Ch. 3.D.2 — DRI Abandonment. Updated Reference, Initiation, Application Contents, Notice, 55 Review Process and Recording subsections pursuant to 2021 F. S. 380.06 11 Abandonment of DRI. Ch. 3 D.3 — DRI Development Updated and corrected Reference subsection and added new OrderAmendment. 57 subsections: Applicability, Pre Application, Initiation, Application Contents, Notice, Public Hearing, and Recording, etc. for consistent with 2021 F.S. 380 7 DRI Changes Ch. 3 E — Mixed Use Project Corrected the reference to BZA in the Decision Maker and Public (MUP) - Public Hearing for use Hearing subsections to the BCC for consistency with LDC section of Bonus Density Pool and /or 10.03.06 N. Added changes adopted by Resolution 2022-36. other Deviations. 59 Ch. 3 F. — Parking Exemption The Notice and Application Contents sections have been updated to with a Public Hearing. 61 include the required Agent Letter information. Additionally, the Notice subsection has been updated to include the Sign requirements. Added `BZA' as a Decision Maker and `Planning Commission' to Public Hearing subsection for consistency with LDC section 10.03.06 D. Ch. 3 G.3 — PUD Insubstantial The Notice section has been updated to include the NIM Change. 72 requirement and specify that upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. Updated Public Hearing and Decision Maker subsections to include the Planning Commission for consistency with LDC section 10.03.06 H. Ch. 3 GA — PUD Minor Change. For the removal of affordable housing contributions, clarify the 75 `BCC' may hold the public hearing and be the Decision Maker. This change is consistent with LDC section 10.03.06 T. r'"�.5PUD F?itension. 78 This section has been deleted, as PUD sunsetting has been removed from the LDC, per Ordinance 2014-33. Ch. 3 H. — Rezoning -Standard. The Notice subsection was previously separated into two 81 categories: parcels less than 10 acres andparcels greater than 10 acres. The LDC does not distinguish between parcel size. This has been updated to require a NIM, Mailed Notice, and new posting of a Sign template for all rezones. Added the `BZA' in the Decision Maker and Public Hearing subsections for consistency with LDC section 10.03.06 B. Ch. 3 I. — Sign Variance. 85 The Notice and Application Contents have been updated to include the Agent Letter information. Added `Planning Commission' to Public Hearing subsection and if heard by Planning Commission require one `BZA' Hearing. This change is consistent with LDC section 10.03.06 F. Ch. 3 J. — Variance. 88 The Notice and Application Contents have been updated to include the Agent Letter information. Added `Planning Commission' to Public HearinZ and Decision Maker subsections and if heard by the N N 0 N N r C m c as E Q m 0 U a Packet Pg. 297 10.A.c ATTACHMENT 2 Planning Commission require one `BZA' Hearing. This change is consistent with LDC section 10.03.06 F. Ch. 3 K. — Compatibility Design Corrected reference to specific LDC Public Notice section 10.03.06 Review. 91 Y. In the Notice subsection added the provision for posting a required sign before the advertised public hearing date. Ch. 3 L. — Comparable Use This section's text will become existing text and subject to the final Determination in PUDs (PUD- form approved by the BCC in January 2023. It was revised to CUD). 94 comply with the Board direction on October 12, 2021, that a CUD shall be used if a PUD ordinance contains the phrase, "any other use which is comparable in nature with the foregoing uses and is consistent with permitted uses and purpose and intent statement of the district' or similar phase in its list of permitted uses" on a site specific, land parcel or tract basis. CUDs are decided by the either the HEX or CCPC/BZA. A new PUD-CUD application will be established after BCC adoption. Chapter 4 — Administrative Procedures Ch. 4 A. — Architectural Plans. Clarified roof plan requirements for architectural drawings. 97 Ch. 4 B. — Coastal Construction Revised Applicability subsection for consistency with LDC section Setback Line Permit. 98 10.02.06 G. Added `Coastal Construction Setback Line' information to the Site Plan Requirements. Ch. 4 D. — Early Work Added `Cover Letter' to Application Contents subsection. Authorization (EWA). 104 Ch. 4 EA — Agricultural Land Added `Aerial photograph or Site Plan' information to the Clearing Permit. 106 Application Contents subsection. Ch. 4 E.2 — Agricultural Clearing Clarified the Review Process to specify that the Agricultural Notice. 108 Clearing Notice (ACN) will be reviewed in accordance with F.S. § 163.3162(4) or § 823.14(6) and staff will provide correspondence acknowledging the ACN. Ch. 4 E.3 — Cultivated Tree Revised Applicability subsection to exempt two-family home sites. Removal Permit. 110 Corrected thelnitiation subsection to "Cultivated Tree Removal Permit." Ch. 4 EA — Vegetation Removal Added information to the Applicability subsection to clarify when Permit. 112 this application is warranted and to provide consistency with the LDC. Ch. 4 E.5 — Vegetation Removal and Site Filling Permit (VRSFP). Updated Application Contents subsection. 115 Ch. 4 F. — Mixed Use Project- Revised zoning overlay subdistrict's titles per Ordinance 2022-36. Administrative Approval. 117 Ch. 4 H. — Sign Permit. 121 Additional Requirementsfor Wall Signs was revised to include the submission of a floor plan showing building units, and added information to the site plan requirement, which previously cross- referenced another section. Clarified Permit Number Displayed information to state that only the current permit number should be displayed to the signor sign structure. N N 0 N N r C m E c as E a m 0 U co N N T c 0 A N c m E z c� a a� a� c M z U 0 J c a� E z c� a Packet Pg. 298 10.A.c ATTACHMENT 2 Ch. 4 I.2 — Site Development Application Contents and Site Development Plan Requirements Plan (SDP). 125 have been separated out into two sections and items within each of these two sections have been reorganized and clarified for ease of use. Previous Application Contents #20 Building Plans is not required as part of the SDP review and #23 Construction Plans has been renumbered to 28. In the right-handed margins are review comments to indicate where strikethrough text has been relocated to Application Content subsection or Site DevelopmentPlan Requirements subsection. For clarity, five Environmental Data Requirements have been added in accordance with LDC section 3.08.00 A. Ch. 4 I.3 — Site Improvement Added `Cover Sheet' requirements to Application Contents. Items Plan (SIP). 142 such as: Architectural Plans, Landscaping Plans, Engineer's Report, and Engineer's Opinion of Probable Cost, as required, have been added to the Application Contents, for consistency with the SIP application. Clarify the Pre -Construction Meeting process and submittal of Engineer's Affidavit of Compliance. Ch. 4 I.3.a — Immokalee Nonconforming Mobile Home Updated Application Contents and Site Plan Requirements Parks or Mobile Home Sites- subsection. Existing Conditions Site Improvement Plan. 146 Ch. 4 J.5 — Model Homes and Updated the Review Process subsection to allow a temporary use Model Sales Center. 163 permit to be approved prior to or simultaneously with a building permit application. Corrected the F.S. citation for current Business Tax Receipt. Ch 4 J.6 —Special Events. 165 Added new provision for temporary events in County right-of-way. Updated Notice, Newspaper Advertisement, Public Hearing, Decision Maker, and Review Process subsections for consistency with LDC and Ordinance 2020-44. Ch 4 J.7 — Temporary Uses Updated the Review Process subsection to allow a temporary use during Construction. 168 permit to be approved prior to or simultaneously with a building permit application. Corrected the F.S. citation for current Business Tax Receipt. Ch 4 K. — Zoning Certificate. Updated business and use information in Application Contents 170 subsection to include property owner or leasing agent's name. Ch. 4 L.1-3 —Zoning All application names within the Initiation subsection have been Verification Letters. 172 modified for accuracy with existing applications. Ch. 4 M. — Stormwater Plan. 177 Clarified the Review Process subsection for stormwater plans. Ch. 4 N. — Intent to Convert Updated, per Board Resolution 2021-143, the timing of soil and/or Application for Golf Course groundwater sampling results. Conversions. 179 Ch. 4 O. — Boat Lift Canopy- This section has been relocated from Chapter 3 — Quasi -Judicial Administrative Review. 184 Procedures with a Public Hearing, as it is an administrative process. Ch. 4 P. — Landscape Plans. This new section has been added per the request of staff as many (NEW SECTION) 185 site development and subdivision applications require a landscape plan as part of the review. Having a separate section to detail the contents of a landscape plan allows for ease of use, and the reduction of duplicative information throughout the Administrative Code. Applications within the Administrative Code that require a N N 0 N N r C as E c m Q m 0 U a Packet Pg. 299 10.A.c ATTACHMENT 2 landscape plan have been modified to cross-reference this new section. Ch. 4 Q. — Non -Residential Boat This section has been added as stipulated in LDC section 5.03.06 H Dock Construction. (NEW and 5.03.06 I.3. It clarifies the evaluation criteria for non - SECTION) 187 residential boat dock construction in conjunction with a site development plan submittal when protrusions for non-residential dock factifies are beyond secified limits. Chapter 5 — Subdivision Procedures Ch. 5 A. — Lot Split. 190 Added information to the Applicability subsection for consistency with the LDC, and to the Recording subsection, to identify the timing of when the recording must occur, and that evidence of the recorded document must be provided to GMD. Ch. 5 B. —Lot Line Adjustment. Added information to the Recording subsection, to identify the 192 timing of when the recording must occur, and that evidence of the recorded document must be provided to GMD. Ch. 5 C.1— Preliminary Added `Cover Letter', locational information, previous zoning Subdivision Plat (PSP) — actions, and source of utilities to Application Contents subsection. Standard. 194 Revised the `Engineer's Report with Assumptions and Explanations' in the Requirements forPreliminary Subdivision Plat subsection for clarity in what is required and to match the language revised for the SDP application. Ch. 5 C.2 — Preliminary The Applicability subsection was updated, as it previously Subdivision Plat Amendment identified the County Manager orDesignee as the party authorized (PSPA). 199 to make an amendment on the PSP. Added a cross-reference to Preliminary Subdivision Plat subsection for the Application Contents, as the PSPA will require all of the same items as a PSP. Ch. 5 D.1— Construction Plans Revised the `Engineer's Report with Assumptions and and Final Subdivision Plat - Explanations' in the Application Contents subsection for clarity in Standard (PPL). 201 what is required and to match the language revised for the SDP application. Where datum requirements are mentioned, it has been updated to reference the NAVD datum only, as NGVD is no longer accepted. Clarified Streetlight and Landscape Plans are to be included in the construction plans packet. Ch. 5 D.2 — Construction Plans This new section was added at the request of staff. The process and and Final Subdivision Plat submittal requirements are identical to the Plans and Plat (PPL) Amendment (PPLA). process. (NEW SECTION 214 Ch. 5 D.3 — Final Subdivision Removed items under Application Contents that are within the Plat — For Townhouse Fee Simple Application Contents for Construction Plans and Final Subdivision Development. 216 Plat (this section cross-references the PPL section for all application contents). Ch. 5 E.1— Construction Plans- Clarified `Streetlight Plans' in Application Contents subsection are Standard (CNSTR). 220 required to be signed and sealed. Removed `contract bid price' from the `Professional engineer's opinion of the probable construction costs', as contract bid pricing is only required as basis for bond for recording a plat. Removed reference under digital submittal requirements to final subdivision plat, since application for construction plans do not require platting. N N 0 N N r C as E E Q m 0 U a Packet Pg. 300 10.A.c ATTACHMENT 2 Ch. 5 E.2 — Insubstantial Change Removed references to SDP/SIP throughout various Application to Construction Plans (ICP). 223 Contents subsection. Added the `Engineer's Report with Assumptions and Explanations'to the Application Contents subsection, this is an existing requirement that was missing from the Admin. Code. Ch. 5 F. — Minor Subdivision Clarified the Decision Maker provides a recommendation to the Plat (FP). 226 BCC. Ch. 5 G. — Plat Recording. 229 Removed Public Hearing information, as a hearing is not required for the recording of the plat, a hearing would have been held at time of Final Plat approval. Clarify in the Applicability subsection, this procedure occurs after approval of the final subdivision by the BCC. Ch. 5 H. — Vacation of Added missing reference to Resolution 2013-166. Subdivision Plats. 232 Ch. 5 I. — Easement Use This new section was added at the direction of the Board on Agreement. (NEW SECTION) January 14, 2020, to establish policy for an Easement Use 233 Agreement (EAU) and allow the County Manager to execute EAUs for minor encroachments in utility, drainage, or similar easements. It clarifies the Subdivision Procedures for the requests to use and construct or install a minor structure in a utility, drainage, or any similar easement for single and two-family properties with fee simple ownership. Chapter 6 — Waivers, Exemptions, and Reductions Ch. 6 A. — Administrative Added information to the Applicability subsection to clarify the Fence/Wall Waiver (AFW). 236 scenarios in which an AFW can be utilized, and for consistency with LDC section 5.03.02. Ch. 6 B. — Administrative Updated the Reference subsection and added `copy of most current Parking Reduction (APR). 238 approved SDP or SIP', and `copy of approved Zoning Certificate' to the Application Contents subsection for consistency with the existing application. Ch. 6 E. — Alcohol Beverage The Notice and Application Contents subsections have been Distance Waiver (Previously, updated to include the required Agent Letter information. Added Alcohol Distance Waiver). 245 `BZA' to the Decision Maker and Public Hearing subsections for consistency with LDC section 10.03.06 U. Ch. 6 F. — Alternative Updated LDC section references. Architectural Design. 247 Ch. 6 G. — Facilities with Fuel Updated the title of this process for consistency with the LDC. The Pumps Waiver (Previously Notice and Application Contents subsections have been updated to `Automobile Service Station include the required Agent Letter information. Added `BZA' to the Waiver'). 249 Decision Maker and Public Hearing subsections for consistency with LDC section 10.03.06 U.. Ch. 6 H. — Nonconforming Use The Notice subsection was updated to include the Mailed Notice Change (NUC). 252 and Sign requirements. Updated Reference subsection and added in Public Hearing and Decision Maker sections, `BZA' for consistency with LDC section 10.03.06 V. Ch. 6 I. — Site Plan with In the Application Contents subsection, clarify the justification for Deviations for Redevelopment each request to state how the passing of time has rendered a Projects (-DR). 255 building, structure, or features nonconforming and added submittal N N 0 N N r C m E c m E a m 0 U co N PIC c 0 .y m N c m E z M a a� a� c M z U 0 J c d E z c� a Packet Pg. 301 10.A.c ATTACHMENT 2 credentials for survey and construction plans. Added `Planning Commission' to Public Hearing subsection and if heard by the Planning Commission require one BZA' Hearing. This change is consistent with LDC section 10.03.06 F. Ch. 6 J. Post Take Plan. 257 The Agent Letter information within the Application Contents has been removed, as an Agent Letter notification is not required. The Sign requirement within the Additional Notice subsection has been removed as the LDC does not require a sign. Added `BZA' to the Decision Maker and Public Hearing subsections for consistency with LDC 10.03.06 S. Ch. 6. M. — Deviation Requests New section added per Board Resolution 2021-48. Add posting of for Projects in the Golden Gate sign per LDC 4.02.26. E. Parkway Overlay District (DR- GGPOD). 264 Ch. 6. N. — Limited Density Added new section adopted by the Board per Ordinance 2022-36. Bonus Pool Allocation (LDBPA). Established LDBPA for multifamily projects and Mixed Use 267 projects of 2 acres or less within the Bayshore Gateway Triangle Redevelopment Area. Chapter 7 — Supplementary Submittal Requirements for Land Use Applications 269 No substantive changes have been made. Chapter 8 — Public Notice Ch. 8. — Generally. 274 Added two types of public notices, an Agent Letter and Stakeholder Outreach Meeting for Golf Course Conversions. Ch. 8 B. — Neighborhood Conduct ofMeeting subsection has been revised to clarify Collier Information Meeting. 275 County staff s role as observers for NIMs. Meeting Follow -Up has been revised to require the written NIM summary be submitted prior to scheduling a public hearing. Ch. 8 C. — Mailed Notice. 277 Updated for consistency with Resolution 2021-143. Changed notification distance for variance applications within GG Estates Urban and Rural Designated Areas of GGMAP. Ch. 8 E. — Posting of a Sign. 280 Added a Sign Template subsection that details the items required on a public notice sign for different property sizes and Dock Facility Extension. Added requirement to remove posted sign within 10 business days of final date of public hearing. Ch. 8 G. — Agent Letter. (NEW This new subsection stipulates the administrative process and SECTION) 287 general content of an Agent Letter, when required, to be mailed out in accordance with an applicable land use petition. Chapter 9 — Office of the Hearing Examiner -Procedures 289 The Assignment subsection has been updated to revise petition names for consistency with the LDC, and to remove the PUD Extension process. Added provisions to clarify: a member of the BCC may direct a minor conditional use, in which the use is located, to be heard by the CCPC and then by the BZA; the HEX has no authority to grant a NIM; the conduct to Pre -Hearing Conference and Order of Proceedings, and an appeal of the HEX's decision. N N 0 N N r C 0 E c m E a m 0 U N N T c 0 A m N c m E z c� a as a� c M z U 0 J c a� E z M a Packet Pg. 302 10.A.c ATTACHMENT 2 Chapter 10 —Where to Find Current Information 295 1 No substantive changes have been made. Updated hyperlinks. Chapter I I — Contact Information 297 No substantive changes have been made. Chapter 12 — Acronyms 298 No substantive changes have been made. Added21 Acronyms. Chapter 13 — Glossary 300 Added a Florida Statute reference to the Newspaper Advertisement definition and LDC reference to SOMs. Chapter 14 — Appendix A. DRI Procedure Flowchart. 302 The DRI review flowchart has been updated to comply with 2018 statutory changes and the requirement for a Comprehensive Plan Amendment. The chart represents a general overview of the DRI procedure and assumes no challenges are filed by any affected party. Chapter 14 — Appendix B. CCPC Recommendation- 304 1 Added Hearing Examiner's Meeting Review Process Flowchart. N N O N N r C d E E Q 0 U co N PIC r_ A N C 0) E t V Q N d CD C c0 t U 0 J r C d E t t1 c0 a Packet Pg. 303 ATTACHMENT 3 10.A.d LDC Amendments LDC Section Admin. Code Chapter 1.08.00- Add definition for "Comparable Use Determination". N/A 4.05.02 K.3 a. and b.- Parking exemption. Amend K 3.a. to read as follows: "The BZA, after review and recommendation by the planning commission or the HEX, may approve a parking exemption...." Amend K 3.b. to read as follows: "The HEX or planning commission and BZA shall consider the following criteria..." 3 F 5.03.06 F- Standards for boathouses. Add HEX review as follows: "Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission or HEX according to the following criteria....." 3 B.1 5.03.06 G.3- Standards for boat lift canopies. Add HEX review as follows: "...a petition for a boat lift canopy deviation shall be made to the Planning Commission or HEX... " 3 B.3 5.03.06 H- Dock facility extension. Add HEX approval as follows: "In order for the Planning Commission or HEX to approve the boat dock extension request ..... " and 5.03.06 H 2.g. "If deemed necessary based upon review of the above criteria, the Planning Commission or HEX may impose such conditions..." 3 B.2 8.10.00 B- Hearing Examiner. Delete in its entirety: "^'e. en Planning G.A-m- is4s o TUg Hearing Gvaminer may set as a member of the Collier ('ni inty Planning ('nmmiccinn ac Rnarl"d of CQ into iommiscionerc While a Hearing Examiner is employed by the thro igh the ('nllier ('oi inty Hearing Examiner ( WwAanre (No 2013-25 as may he amended) nr thrni igh fi iti ire recnli itinnc nreemntthe Cc)IIier CQ inty Planning 9 Q:_)rArAissiop, or the Roard- Of Appeals, as the case may be-, with re-spectto tho _ZQ_A*Pg ectahlish@d nroc@d-irec cetforth in the ('oilier COW Aty La Develnnme-At CodP- Replacewith the following: Remand of Development Order. The Board of County Commissioners, by majority vote, may remand any advertised public hearing involving a development order to the Hearing Examiner for the sole purpose of opining on a legal or technical land use issue during the hearing. The Hearing Examiner will issue a non -binding recommendation to the Board with respect to the issue remanded, which recommendation shall become part of the record when the matter is again heard by the Board. (Ord. No. 2020-08 Section 5.5). 9.03.02 D- Change in use. Modify to add HEX as follows: "If no structural alterations are made,... , provided the Hearing Examiner or bBoard of Zoning aAppeals, upon application to the County Manager or designee, ."and "In permitting such change the Hearing Examiner or bBoard of z-Zoning aAppeals may require appropriate conditions and safeguards in accordance with the intent and purpose of the LDC." 6 H 9.03.03 B.4- Modify to read as follows: "Nonconforming residential structures,....., may be altered, expanded, or replaced upon recommendation of the Hearing Examiner or the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution." Packet Pg. 304 10.A.d ATTACHMENT 3 9.03.03 B.5-Nonconforming structures. Modify to read as follows: "Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, 6 H duplex or mobile home, the Planning Commission and the BGE Board of Zoning Appeals shall consider and base its approval on the following standards and criteria:..." 9.04.06 G.2- Amend coastal construction setback line variances to read: "An application for coastal construction setback line (CCSL) variance shall be considered by the BCC or 4 B HEX pursuant to the following public notice..." 10.02.13 E.2- If truly an insubstantial PUDI, require HEX review not Planning Commission review. Amend to state the following: "Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance 3 G.3 shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's decision shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting." 10.02.15 A.2.a. and c.- MUPs Requiring Public Hearing: Amend A. 2..a. to read as follows:" MUPS that do not meet the thresholds for administrative approval may be approved by the BZA BCC through a public hearing process." Amend A.2.c as follows: 3 E " There shall be a public hearing before the BSA BCC legally noticed and advertised pursuant to LDC section 10.03.06." This correction removes the contradictory statement with LDC 10.03.06 N. which states one PC and one BCC hearing. 10.03.06- Add a Public Notice and Required Hearing for Land Use Petitions chart to N/A remove any inconsistency or ambiguity. 10.03.06 F-Variance. Add new F.3 subsection: Variance to Coastal Construction Setback, pursuant to LDC section 9.04.06: 1. The following advertised public hearingis s required: a. One BCC hearing. 3 J 2. The following notice procedures are required: a. Newspaper Advertisement, at least 15 days, prior to the public hearing date. b. Posting of a sign at least 45 days prior to the public hearing in accordance with LDC section 9.04.06 G.2. 10.03.06 I- Add mailed notice, newspaper advertisements and posting of sign for the 3. DA and Establishment of, and Amendment to a DRI. D.3 10.03.06 0.1.a- For Approval of a Comparable Use Determination, modify to read, 3 L (CU- "The following advertised public hearings are required: a. One CCPC and BZA or CUD) & Hearing Examiner hearing." 3 C.4 (PUD- CUD 10.03.06 R.- Amend LDC and Administrative Code to add new subsection R 2.c. to 61 require posting of sign. 10.03.06 S.2.a - Post Take Plan. Amend S.2.a to read as follows: "If a written objection 6 J is received, one Planning Commission and BZA or Hearing Examiner hearing." 10.03.06 U- Delete S-t-atieWaiver- pursuant to LDC section 6 G 5.05.05 and replace with "Facilities with Fuel Pumps Add new LDC section to address PUD to RPUD Rezone UDRprocess. Packet Pg. 305 10.A.e r c a� E c aD E Q a� 0 U a� r R L Q > .N L Q E 0 U r N N N N O N O N N r U d U U L 0 N Cu d 0 U m r L a d > L L Q E 0 U r c a� E t c,> to r a Packet Pg. 306 10.A.e Text underlined is newtext to be added Contents Contents...................................................................................................................................1 Chapter1. Introduction.............................................................................................................. 6 A. Purpose and Intent............................................................................................................... 6 B. Amendments and Conflicts.................................................................................................. 7 1. Administrative Code Amendment.................................................................................... 7 2. Conflicts............................................................................................................................7 C. Reviewing Agencies.............................................................................................................. 7 1. Architectural Arbitration Board (AAB) ............................................................................. 7 2. Board of County Commissioners (BCC)............................................................................ 7 3. Board of Zoning Appeals (BZA)........................................................................................ 7 4. Building Board of Adjustment and Appeals (BOAA)........................................................ 7 5. Collier County Planning Commission (CCPC or Planning Commission) ........................... 8 6. Office of the Hearing Examiner........................................................................................ 8 7. Growth Management Department(GMD)...................................................................... 8 8. Environmental Advisory Council(EAC)............................................................................ 8 9. Development Services Advisory Committee (DSAC)....................................................... 8 10. Historical Archaeological Preservation Board (HAPB) .................................................... 9 D. Common Procedural Steps and Information........................................................................ 9 1. Fee,; ;;nd c h ;** i Requirements................................................................................... 9 2. GMD Public Portal........................................................................................................... 9 -23. Initiation of the Application........................................................................................... 9 34. Pre -;}Application nq-Meeting......................................................................................... 9 45. Completeness and Processing Letter.......................................................................... 12 5-6. Staff Review................................................................................................................. 12 6-7. Advisory Board or Agency Review............................................................................... 13 -7 8. Open and Closed Applications.................................................................................... 13 8-9. Pre -Construction Conference Meeting....................................................................... 13 Chapter 2. Legislative Procedures............................................................................................ 1s A. Comprehensive Plan Amendment...................................................................................... 16 B. Privately Initiated Land Development Code Amendments ................................................ 21 Chapter 3. Quasi -Judicial Procedures with a Public Hearing .................................................. 24 A. Appeal of an Official Interpretation of the Land Development Code ................................ 25 B. Boat Dock —Including Boathouse Establishment, Dock Facility Extension, and Boat Lift Canopy................................................................................................................................ 26 B.1. Boathouse Establishment.......................................................................................... 26 1IPage Revised: 12/20/2022 Packet Pg. 307 10.A.e Text underlined is newtext to be added B.2. Dock Facility Extension.............................................................................................. 31 B.3. Boat Lift Canopy with Deviations............................................................................... 34 C. Conditional Uses(CU)......................................................................................................... 36 C.1. Conditional Use Permit.............................................................................................. 36 C.2. Conditional Use Extensions.......................................................................................41 C.3. Conditional Use Re-Review.......................................................................................44 C.4. Conditional Use - Comparable Use Determination (CU-CUD)..................................46 D. Development of Regional Impact (DRI).............................................................................. 51 D.1. DRI Application — Establishment of a new DRI.......................................................... 51 D.2. DRI Abandonment.....................................................................................................55 D.3. DRI Development Order Amendment....................................................................... 57 E. Mixed Use Project (MUP) — Public Hearing for use of Bonus Density Pool and/or other Deviations........................................................................................................................... 59 F. Parking Exemption — With a Public Hearing....................................................................... 61 G. Planned Unit Developments (PUD).................................................................................... 64 G.1 Rezoning to a PUD...................................................................................................... 64 G.2. PUD Amendment....................................................................................................... 70 G.3. PUD Insubstantial Change......................................................................................... 72 G.4. PUD Minor Change.................................................................................................... 75 G.S. PUD Extension............................................................................................................78 H. Rezoning — Standard...........................................................................................................81 I. Sign Variance...................................................................................................................... 85 J. Variance..............................................................................................................................88 K. Compatibility Design Review.............................................................................................. 91 L. Comparable Use Determination in PUDs (PUD-CUD)........................................................ 94 Chapter 4. Administrative Procedures.....................................................................................96 A. Architectural Plans..............................................................................................................97 B. Coastal Construction Setback Line Permit......................................................................... 98 C. Certificate of Public Facility Adequacy(COA)................................................................... 100 C.I. COA for Roadways................................................................................................... 100 C.2. COA for Non -Roadway public facilities.................................................................... 103 D. Early Work Authorization (EWA)...................................................................................... 104 E. Vegetation Removal Applications.................................................................................... 106 2 1 P a g e Revised: 12/20/2022 Packet Pg. 308 10.A.e Text underlined is newtext to be added E.1. Agricultural Land Clearing Permit............................................................................ 106 E.2. Agricultural Clearing Notice..................................................................................... 108 E.3. Cultivated Tree Removal Permit.............................................................................. 110 E.4. Vegetation Removal Permit..................................................................................... 112 E.5. Vegetation Removal and Site Filling Permit(VRSFP)............................................... 115 F. Mixed Use Project —Administrative Approval................................................................. 117 G. Official Interpretation of the Land Development Code ................................................... 118 H. Sign Permit........................................................................................................................ 121 I. Site Development Plan..................................................................................................... 123 I.I. Conceptual Site Plan(CSP)........................................................................................ 123 1.2. Site Development Plan (SDP).................................................................................... 125 1.3. Site Improvement Plan (SIP)..................................................................................... 142 1.3.a.......... Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites -Existing Conditions Site Improvement Plan................................................................................... 146 1.4. Site Development Plan Amendment (SDPA)............................................................ 149 1.5. Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SI PI).................................................................................................................................. 151 1.6. Nominal Alteration Plan (NAP)................................................................................. 153 J. Temporary Permits........................................................................................................... 155 J.1. Amplified Sound Permit............................................................................................ 155 J.2. Annual Beach Event Permit...................................................................................... 157 J.3. Carnival/Circus Permit.............................................................................................. 158 J.4. Film Permit................................................................................................................ 161 J.S. Model Homes and Model Sales Centers.................................................................. 163 J.6. Special Events........................................................................................................... 165 J.7. Temporary Uses during Construction....................................................................... 168 K. Zoning Certificate............................................................................................................. 170 L. Zoning Verification Letters............................................................................................... 172 L.1. Zoning Verification Letter —Generally..................................................................... 172 L.2. Zoning Verification Letter — Non-residential Farm Building....................................174 L.3. Zoning Verification Letter — Fence Finished Side Out Waiver ................................. 176 M. Stormwater Plan............................................................................................................... 177 3 1 P a g e Revised: 12/20/2022 Packet Pg. 309 10.A.e Text underlined is newtext to be added N. Intent to Convert Application for Golf Course Conversions ............................................. 179 0. Boat Lift Canopy —Administrative Review....................................................................... 184 P. Landscape Plans................................................................................................................ 185 Q. Non -Residential Boat Dock Construction......................................................................... 187 Chapter S. Subdivision Procedures........................................................................................ 189 A. Lot Split............................................................................................................................. 190 B. Lot Line Adjustment......................................................................................................... 192 C. Preliminary Subdivision Plat(PSP).................................................................................... 194 C.I. Preliminary Subdivision Plat —Standard .................................................................. 194 C.2. Preliminary Subdivision Plat Amendment (PSPA)................................................... 199 D. Construction Plans and Final Subdivision Plat (PPL)........................................................ 201 D.1. Construction Plans and Final Subdivision Plat - Standard ....................................... 202 D. 2 Construction Plans and Final Subdivision Plat Amendment (PPLA) ........................ 214 D.-2 3. Final Subdivision Plat- For Townhouse Fee Simple Development ........................ 216 E. Construction Plans(CNSTR).............................................................................................. 220 E.1. Construction Plans - Standard................................................................................. 220 E.2. Insubstantial Change to Construction Plans (ICP)................................................... 223 F. Minor Final Subdivision Plat(FP)...................................................................................... 226 G. Plat Recording................................................................................................................... 229 H. Vacation of Subdivision Plats............................................................................................ 232 I. Easement Use Agreement................................................................................................ 233 Chapter 6. Waivers, Exemptions, and Reductions................................................................ 235 A. Administrative Fence/Wall Waiver (AFW)....................................................................... 236 B. Administrative Parking Reduction (APR).......................................................................... 238 C. Administrative Parking Exemption...................................................................................240 D. Administrative Variance(AVA)......................................................................................... 243 E. Alcohol Beverage Distance Waiver................................................................................... 245 F. Alternative Architectural Design...................................................................................... 247 G. Facilities with Fuel Pumps Waiver .......................... 249 H. Nonconforming Use Change(NUC).................................................................................. 252 I. Site Plan with Deviations for Redevelopment Projects (-DR) .......................................... 255 J. Post Take Plan................................................................................................................... 257 4 1 P a g e Revised: 12/20/2022 Packet Pg. 310 1O.A.e Text underlined is newtext to be added K. Vested Rights Determination........................................................................................... 261 L. Administrative Appeal of Preliminary Substantial Damage Determination .................... 262 M. Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD) .......................................................................................................................................................264 N. Limited Density Bonus Pool Allocation(LDBPA)............................................................... 267 Chapter 7. Supplementary Submittal Requirements for Land Use Applications ................. 269 A. Environmental Data Requirements for PUD Zoning and Conditional Uses ..................... 270 B. Traffic Impact Study (TIS)................................................................................................. 271 C. PUD Annual Monitoring Report.......................................................................................272 D. Soil Erosion and Sediment Control Plan........................................................................... 273 Chapter8. Public Notice......................................................................................................... 274 A. Generally...........................................................................................................................274 B. Neighborhood Information Meeting................................................................................ 275 C. Mailed Notice...................................................................................................................277 D. Newspaper Advertisement............................................................................................... 279 E. Posting of a Sign............................................................................................................... 280 F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) .............................. 283 G. Agent Letter...................................................................................................................... 287 Chapter 9. Office of the Hearing Examiner — Procedures..................................................... 289 Chapter 10. Where to Find Current Information..................................................................... 295 Chapter 11. Contact Information............................................................................................. 297 Chapter12. Acronyms.............................................................................................................. 298 Chapter13. Glossary................................................................................................................ 300 Chapter14. Appendices............................................................................................................ 302 AppendixA.................................................................................................................................. 302 AppendixB..................................................................................................................................304 5 1 P a g e Revised: 12/20/2022 Packet Pg. 311 10.A.e Text underlined is new text to bead ded Chapter 1. Introduction A. Purpose and Intent Collier County's Land Development Code (LDC) is the principal regulatory tool for implementing the County's Growth Management Plan (GMP). The LDC contains the standards and criteriathat development must meet in the County. To ensure that all growth meets these standards, there are specific approval procedures for the various forms of development, ranging from simple, single -lot residencesto large, multi -phased planned developments. The Administrative Code consolidates and identifies the procedures for approval to develop underthe LDC. The Administrative Code for Land Development, hereafter referred to as the Administrative Code, is divided into 14 chapters. Each chapter comprises a genre of land use petitions or permits. Each c Chapter is organized alphabetically to provide for ease of use. Cross references are provided for related land use petitions or permits where appropriate. The following list provides a breakdown of the Administrative Code by chapter: • Chapter 1 contains the intent of the Administrative Code and how to it is to be amended. This chapter also outlines Collier County's Reviewing Agencies and the Common Procedural Steps and Information necessary to submit and process land use petition or permit. • Chapter 2 contains the land use petitions which are processed through a legislative procedure. • Chapter 3 contains the land use petitions and permits which are processed through a quasi-judicial procedure. • Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth Management Department. • Chapter 5 contains the applications for the creation and completion of a subdivision. • Chapter 6 contains applications for waivers, exemptions, and reductions to LDC standards. • Chapter 7 contains supplementary submittal requirements for land use applications. • Chapter 8 contains information relating to public notice requirements for land use petitions. • Chapter 9 contains the procedures for the Office of the Hearing Examiner. • Chapter 10 identifies where to find current information. • Chapter 11 contains contact information. • Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC. • Chapter 13 contains the glossary of terms, which are bolded throughout the Administrative Code. • Chapter 14 contains Appendices. The Administrative Code is available to download as an Adobe PDF file on the County's website: www.colimergov.net/adrnonGede https://www.colliercountvfl.gov/government/growth- management/divisions/planning-and-zoning-division/adminis trative -code -for-land-deve lor) ment. It is also available for purchase in print at the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The Code has visual cues that improve its readability. These include: q This symbol identifies a cross-reference to another Administrative Code chapter or another regulatory p code. Fl This symbol identifies explanatory materials/information that may help to explain or expand upon a provision of the Administrative Code. 6 1 P a g e Revised: 12/20/2022 Packet Pg. 312 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / introduction B. Amendments and Conflicts 1. Administrative Code Amendment The Administrative Code was adopted by the Board of County Commissioners (BCCj as Ordinance 2013-57 and amended by Resolution 2016-168. Subsequent amendments can be found on the County's website: https://www.colliercountyfl.gov/government/growth-management/divisions/planning-and-zoning- division/administrative-code-for-land-development/approved-updates-to-the-administrative-code. Amending Collier County and State of Florida contact information and website links may be done administratively by the County Manager or designee. Further, the County Manager or designee shall have the authority to update and correct Growth Management Department's organizational structure,a d department titles, and acronyms. All other amendments, additions, revisions, or modifications required to maintain the Administrative Code shall be made by resolution by the BCC and adopted by majority vote at any regular or special meeting. The resolutions may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the County Manager or designee in consultation with the County Attorney. 2. Conflicts Where the Administrative Code conflicts with the LDC or Growth Management Plan, the LDC or the Growth Management Plan shall prevail. C. Reviewing Agencies This section describesthe various agenciesthat are involved in processing zoning and land development applications. 1. Architectural Arbitration Board AAB The AAB identified in LDC subsection 5.05.08 F assists with the Architectural Deviations and Alternative Compliance procedure.The Board consists of fivevoting members comprised ofthe following: two representatives from the Collier County Zoning staff, two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). The Architectural Arbitration Board may provide the following: 1) Assistance to the County Manager in renderinga decision; and 2) An applicant may appeal the decision of the County Manager or designee to the Architectural Arbitration Board. 2. Board of County Commissioners (BCC) The BCC is the County's governing agency. It sets the County's land development policies by adopting and amending the Growth Management Plan and the LDC. It is also involved in quasi-judicial procedures, such as a rezoning, the establishment of PUDs, the creation of stewardship receiving/sending areas, and the establishment of Development of Regional Impacts, and other petitions as specified in the LDC. 3. Board of Zoning Appeals (BZA) The BCC acts as the neap'' of ZeRiRg Appeals (BZAj for Collier County. The BZA processesand makes final decisions on zoning variances, appeals, conditional uses, nonconforming use amendments, flood variances, parking agreements, and other functions outlined in the Collier County Code of Laws and Ordinances section 2-1171, F.S. § 67-1246 and Laws of Florida, as amended. 4. Building Board of Adjustment and Appeals (BOAA) The BOAAl is a decision -making body that makes final decisions on appeals related to the decisions of the building official, such as the manner of construction proposed to be followed, or materials to be used, and in the erection or alteration of a building or structure, pursuant to Code of 7 1 P a g e Revised: 12/20/2022 Packet Pg. 313 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / introduction Laws and Ordinances section 2-1181. The BOAA consists of five members, appointed by the BCC, who have the necessary education and qualifications to review and render decisions related to the Florida Building Code and Florida Fire Prevention Code. S. Collier Countv Planning Commission (CCPC or Planning Commission) The Collier County Planning Commission is designated as the local planning agency for the County, as identified in the Code of Laws and Ordinances section 106-1 and 2-1156. The Planning Commission processes amendments to the Growth Management Plan, text amendments to the LDC, and makes a final decision on actions as specified in the Administrative Code and LDC. The Planning Commission also provides recommendations to the BCC on land use petitions where the BCC renders a final decision. 6. Office of the Hearing Examiner The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2-83 through 2-90. The Hearing Examiner hears and makes final decisions and provides recommendations to the BCC as specified in e Ordinance 2013-25 and in the Administrative Code. The procedures for the Office of the Hearing Examiner are established in Chapter 9 of the Administrative Code. 7. Growth Management Department (GMD) Most land use petitions and permit applications begin the process with a review by the GFemh MaRagemepA Department GMD — Development Services section. The Growth Management Department This section of the GMD provides information and services associated with building permits, inspections, development plans, land use petitions, and investigations. The GMD provides guidance for the long-term use of land and public facilities to assure quality growth and to enhance the community's quality of life, pursuant to local ordinances and Florida State growth management laws. The following are the primary departmPntg within the Growth Management Department; the Business Genter,the Engineering Services Department-, the Natural RPgc)urGPg [)apartment, the Carnprehensive planning Department, Wit.-`r. The following are the primary divisionswith the GMD- Development Services section: • Operations and Regulatory Management Division: • Development Review Division: • Building Division: • Zoning Division: and • Code Enforcement Division. 8. Environmental Advisory Council (EAC) The r •'FeRmpkal A GIV SOFY C96I^^" EAC acts in an advisory capacity to the BCC pursuant to Code of Laws and Ordinances section 2-1191.The G^"' F Ge ^R Planning Commission sits acts as the rRViFQRMPRW' A V &04Y CaunrAl EAC. Pursuantto Ord. 2013-51,the EAC reviews matters dealing with regulation, control, management, use, or exploitation of natural resourceswithin the County. It also reviewsspecific zoning and development petitions and their impact on the County's natural resources. 9. Development Services Advisory Committee (DSAC) The DSAC is a l:ifteeR 15-member committee that was created in 1993 pursuant to Code of Laws and Ordinances section 2-1031. This committee represents the various aspects of the development industry and may include architects, general contractors, residential or building contractors, environmentalists, land use planners, land 8 1 P a g e Revised: 12/20/2022 Packet Pg. 314 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / introduction developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiencyand budgetary accountability within the Growth Management Department and to serve as a primary communication link between the Growth Management Department, the development industry, and the citizens of Collier County. Terms are 4years. 10. Historical Archaeological Preservation Board HAPB The Historical Archaeological Preservation Board (Preservation Reard HAPB) is an advisory board to the BCC pursuant to Code of Laws section 2-2000.11. The Preservation Board designates, regulates, and administers historical and archaeological resources in the County underthe direct jurisdiction and control of the BCC. D. Common Procedural Steps and Information This section describes common information that applies to most of the review procedures identified in the Administrative Code. 1. Feed Requirements The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee schedule is available fordownload on the County's website: http:,//www.Gell*eFgOV.R@V'Rde)(.aspx'page-129 https://www.colliercountvfl.gov/governmhent/growth-management/divi sions/pl anning-and-zoning- division/zoning-services-section. The County will notacceptan application until all 4the requirecifeesare paid. 2. GMD Public Portal The GMD accepts application Packages electronically through the E-Permitting program for most Building and Land Use Permit types. Applicants utilizing the E-Permitting program submit their documents through the GMD Public Portal, where they are guided through the process of uploading their application package. Important information regarding the use of the E-Permitting program and the GMD Public Portal can be found on the County's website: htti)s://www.coIIiercountvfl.gov/government/growth-management/divisions/building-plan-review-inspection/e- permitting. 2-3. Initiation of the Application Most applications are initiated by filing a County appliGation form, along with all of the required information, with the Cpntprviithin the Grw.A.41; Management Department. Each sectinn Pf the Adrniniqtr;aivP Cpdp lists the Most applications can be initiated electronically by uploading the application, along with all the required information, to the GMD Public Portal, or applications can be initiated in person with the Client Services section of the Operations and Regulatory Management Division. Each section of the Administrative Code lists the corresponding application by name under "Initiation". 44. Pre -a -Application +nrMeeting Applicability Where specified within the Administrative Code, applicants must attend a pre -application meeting with the assigned planner, and reviewstaff PlaRRiRg & ZQRiR9 DiViSiOR before filing an application. The purpose of the meeting is to provide an opportunity for the applicant, an4 the assigned planner. and review staff D1,^^'^^ Q ''O iRg P44949^ to informally review a proposed development and determine the most efficient method of review before substantial commitments of time and money are made in the preparation and submission of the application. 9 1 P a g e Revised: 12/20/2022 Packet Pg. 315 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chopterl / Introduction The name of the planner assigned to the project shall be identified on the application once it is filed. The project planner is the main contact and their name should be referenced in any correspondence with the County regarding the petition. The project planner can be reached by calling the Business Center Front Desk, at 239-252- 2400. The pre -application meetings are held at DlaRRiRg Q ZORiRg ^^ igieR ^{lie^; aFP lopated Avithi^ the Growth Management Building at the following location: Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2400 101Page Revised: 12/20/2022 Packet Pg. 316 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chopterl / Introduction Initiation of the pre -application meeting Applicants must reauesta pre -application meeting online through the GMD Public Portal. Applicants can access a step -step guide for submitting a pre -application meeting requestat: https://www.colliercountvfl.gov/government/growth-management/divisions/building-plan-review-inspection/e- permitting. While requesting a pre -application meeting on the GMD Public Portal, it is recommended that applicants upload supporting documents such as: An Addressing Checklist, Conceptual Site Plans, Conceptual Master Plans, aerials, and ordinances. Once the pre -application meeting request has been received. the Client Services section of the Operations and Regulatory Management Division will contact the applicant within two working days. via email. to coordinate the date and time of the pre -application meeting. Applicants may bring agents and representatives to the meeting. A pre -application fee is required priorto, or at the time of the meeting. Unless further specified in the Administrative Code, or uploaded on the GMD Public Portal, the applicant should bring a conceptual plan of the project, aerial photographs of the property, and Preliminary environmental data, depending on the type of application. At the pre -application meeting County Staff will review the proposed request, discuss the contents of the application packet, indicate which submittal items are required, and the number of plans required for submittal. The submittal requirements vary by application type, so applicants are encouraged to hold off an Garnplet44g wait to complete the application packet until after the pre -application meeting. At the pre -application meeting, County Staff members will provide the applicant Pre -Application Meeting Notes, which outline the requirements discussed at the meeting. 111Page Revised: 12/20/2022 Packet Pg. 317 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / introduction Issues to discuss The D1,^^i^^ ° '^^i^^ ^^^Si^^ assigned planner, review staff, and the applicant may discuss the following issues at the pre -application meeting: 1. The general nature of the proposed development. 2. Changes to the proposed development which need to conform to the LDC, the Growth Management Plan, or other County policies. 3. The review proceduresthat will apply, including the public hearing process, if applicable, the approximate length of the development review, and the approval process. 4. Federal, State, and local agencies that may review, comment, or require permits forthe proposed development. 5. The type of information needed throughout the procedure, including surveys, plans, drawings, reports, the application form, and other supporting documentation. 6. The number of copies of the application and supporting information that the applicant must provide. At the pre -application meeting, the applicant and staff may discuss other issues as needed. AE Following the pre - application meeting, the D1^^^'^^ ° '^^'^^ Divig'^^ assigned planner will provide the applicant a checklist of submittal requirements discussed at the meeting. The a^^"^^^• and the RiaRning u. Zening Division sta# may dFgGl-.qq ethpF pdpd Required Documentation 4-5. Completeness and Processing Letter Priorto the =ubmittal acceptance of the application, the Client Services section of the Operations and Regulatory Management Division Ruginpgg rontpr will determine if the application is complete and that the materials identified on the Pre -Application Meeting FChecklist and notes are included with the application. If the application is incomplete, the applicant must obtain all of the requirements prior to the submittal of the application. The Client Services section of the Operations and Regulatory Management Division 0119iR ^^ ^- will not accept or process an incomplete package. Once the application has been accepted by the County and the required fees have been paid, the application has begun processing and the applicant will receive a rz2rocessing J etter notification, by email. This letter notification identifies the petition number, (i.e., PL201200000)and the assigned planner/project manager. The petition number should be noted on all future correspondence regardingthe application. The IeUer is generally reGei ed -5-6. Staff Review Once the application has been processed, County Staff will review the application to determine whether the application is sufficient or insufficient in one or more areas. This is considered the "first set of review comments" by County Staff. The purpose of this reviewis to ensure that the application complies with the standards for approval and/or the findings of fact pursuant to the Loc. This review is also designed to prevent the application from unnecessary delays in the process. If the application is insufficient, or does not meet code requirements, the DIaRRiRg ° ZeRi^^ DivisiqR applicable division will notify the applicant ofthe deficiencies through the review comment process. 121Page Revised: 12/20/2022 Packet Pg. 318 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / Introduction For administrative applications, County Staff, acting on the behalf of the County Manager may approve or deny the application based on the criteria provided in the LDC. While the o',RR'Rg Q ZgRiRg DiViS'OR GMD is the agency that is primarily involved in administering and enforcingthe Growth Management Plan and the LDC, other State or regional agencies may be responsible for certain types of applications. 6-7. Advisory Board or Agency Review If the petition requires review by the EAC, Planning Commission, BCC, BZA, the Hearing Examiner, or other County advisory County board or agency, County Staff prepares a specialized reportfor each Board. For example, a Staff Report for the Planning Commission contains information identified in the application, whether the project is consistent with the Growth Management Plan, an analysis of the request, legal considerations, recommendations by the County, and any recommendations of another reviewing body. If the application is to be reviewed by the BCC, Staff preparesan Executive Summary which is a condensed version of the Staff Report and includes recommendations of the EAC, if applicable, and the Planning Commission. -7- 8. Open and Closed Applications An application is considered "open" when the Rprocessing i etsepnotification has been provided to the applicant and/or agent. . An application is considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing, or otherwise actively pursue the application for a period of 6 months, unless the particular processassigns a different time period. A closed application will not receive further processing and is considered withdrawn. The Dlanning 9E Zoning ^^v'g'nn applicable division will notify the applicant of closure in writing. However, the failure of the P'aRR'Rg ° ZgRiRg DiViSiOR apolicable division to notify the applicant does not eliminate the "closed" status of an application. The applicant can reopen a closed application by submitting a new application and repaying the application fees. Further reviewof the request is subject to the then current LDC. Please note: the GMD Public Portal displays various application statuses indicating the stage in which the application is available foruploads, closed foruploads. submitted, etc. Additional information can be found on the County's website: https:llwww.colliercountvfl.aov/aovemmentlarowth-management/divisions/building-alan- review-inspection/e-permi ttina. 8-9. Pre -Construction rfPre ee Meeting The Izgre-construction r.^^fPF,-^ .P meetineapplies to all development projects that include infrastructure improvements, including but not limited to: site development plans (SDP), site development plan amendments (SDPA), site improvement plans (SIP), plans and plats (PPL), plans and plat amendments (PPLA), and construction plans (CNSTR). applicant to sGhedule a pre canstrurtiAR rPnfPr,-nrP The appliGant shall bring all approved Gaunty plans and permits and Gopi@4 nf ;ill St;itp And Federal PeFFAitS f0F the pFgjeGt W the FA@etiRg. At the meeting, the app"Gant / the appliraRVS ' A#PCte 1 tflltf..4 g@ d t.. Rd the R4 d 131Page Revised: 12/20/2022 Packet Pg. 319 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapterl / introduction Following approval of the plans. the Engineer of Record IEORI shall submit the Affidavit of Comnliance to the Client Servicessection ofthe Operations and Regulatory Management Division orthrough the GMD Public Portal. The Engineer's Affidavit of Compliance shall attest that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies, and all required permits have been issued. The FOR shall request to schedule a pre -construction meeting with Development Review Division. Before the Pre - Construction submittal can be reviewed and scheduled, the applicant shall upload copies of all reauired permits for the project to the GMD Public Portal, and all inspection fees shall be paid prior to the meeting. The purpose of the meeting is for the applicant and the Development Review Division staff to discuss the inspection of the improvements, project schedule, notification requirements, and project completion and acceptance procedures. It is encouraged that the following parties attend the meeting: the applicant: FOR and EOR's field representative: owner and/or developer: general, site, and utilities contractors: and representatives from affected utilities. 141Page Revised: 12/20/2022 Packet Pg. 320 10.A.e Text underlined is new text to bead ded Chapter 2. Legislative Procedures The petitions identified in this Chapterrequire a public hearing by the Board of County Commissioners. 151 Page Revised: 12/20/2022 Packet Pg. 321 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures A. Comprehensive Plan Amendment Reference F.S. § 163.3177-163.3187,125.66 and LDC Public Notice subsection 10.03.06 E and the Collier County Growth Management Plan (GMP). 0 Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information referto: https://floridaiobs.org/community-planning-and- development/programs/community-planning-table-of-contents. Applicability This procedure appliesto a request to amend the GMP whether initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • a. Small -Scale Amendment: A plan amendment that involves -1-850 acres or less and other criteria set out in F.S. § 163.3187(1) et. sea. a i. Generally, small-scale amendments are for maps and may include text changes. a ii. Small -Scale amendments that involve 49 50 acres or less may be site -specific amendments. • b. Large -Scale Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2-3) and 163.3184(44) et. seo. a I. Large -Scale amendments by may be site -specific amendments or non -site specific. • c. DRI Companion Amendment: Aplan amendment that is directly related to a DRI. This is processed concurrentwith the DRI application. CaSee Chapter 3 D.3 of the Administrative Code formore information. Pre -Application A pre -application meeting is required. Initiation The applicant files an 'Application fora Request to Amend the Collier County Growth Management Plan" with the Comprehensive Planning Section of the °tea Zoning Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiatina an application. Application The application shall include the draft amendment text and/or map amendment and all Contents data and supporting materials that justify the amendment. 0 Note: Refer to F.S. § 163,3162 3177 et. seq. for State requirements. Revised: 12/20/2022 161Page Packet Pg. 322 1O.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures petitiqR @G1; Ag A ...I.... sho- d he R ted .. All 44-... � ..,I.... �... �..��.... +L... Ae"t^„'. Notice — Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Small -Scale additional notice information. Amendmentfor 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Map and/or Text Commission hearing. The NIM shall be advertised and a mailed written notice shall Changes be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisement: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC public hearings dates in a newspaper of general circulation. The advertisements shall include at a minimum: a. Clear explanation of the proposed ordinance as it affects the subject property; b. Date, time, and location of one or more public hearings; and • C. 2 in. x 3 in. map of the project location. 4. Sign: (see format below) Posted at least 15 days prior to the advertised Planning Commission hearing. a See Chapter 8 E. of the Administrative Code forsion template. BLICHEARING FOR AN AMENDMENTTO THE CO EHENSIVE PLAN PETITION N BER: TO ALLOW: (Request-Sufficientl ear to des a the project) LOCATION: DATE: _ E CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS,THIRDFLOO OLLIER COLJGOVERNMENTCENTER,3299TAMIA RAIL NAPLES, FLORIDA, 34112. Notice — Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Large -Scale additional notice information. Amendment for 1. NIM: The NIM shall be held after the first set of staff reviewcomments have been Site -Specific issued and at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 171Page Revised: 12/20/2022 Packet Pg. 323 1O.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; b. Date, time, and location of one or more public hearings; and • C. 2 in. x 3 in. map of the project location. 4. Sign: (see4eFina% below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEC. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. Ca See Chapter 8 E. of the Administrative Code forsion template. BLICHEARING FOR AN AMENDMENT TO THE CO EHENSIVE PLAN PETITION N BER: TO ALLOW: (Request -Sufficient) ear to des a the project) LOCATION: DATE: CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS,THIRD FLOO , OLLIER CO U GOVERNMENT CENTER, 3299 TAMIA AIL E , NAPLES, FLORIDA, 34112. Notice — Notification requirements are as follows. G see Chapter 8 of the Administrative Code for Large -Scale additional notice information. Amendment Not 1. Newspaper Advertisements: The legal advertisements shall be published at least Site -Specific 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; and • b. Date, time, and location of one or more public hearings. Public Hearings for Adoption Public Hearing pursuant to F.S. § 163.3187: Small -Scale 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendment 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. 181Page Revised: 12/20/2022 Packet Pg. 324 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Public Hearing for Large -Scale Amendments require two sets of public hearings, transmittal hearings and Large -Scale adoption hearings. Amendment 1. Transmittal Public Hearings: • a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. • c. The BCC shall hold at least 1 advertised transmittal public hearing. 2. Adoption Public Hearings: a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. c. The BCC shall hold at least 1 advertised adoption public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: • a. The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to presentthe petition for review. b. Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. c. Small -Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Large -Scale Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other reviewagencies for review in accordance with F.S. § 163.3184(3) and (4). 2. Adoption of Amendment: a. Following review by DEO and other reviewagencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date beforethe EAC, if required,and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164,etseq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. 191Page Revised: 12/20/2022 Packet Pg. 325 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Effective Date <*See F.S. § 163.3184(3)and (4). q See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small-scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). Updated Resolution 2020-88 201Page Revised: 12/20/2022 Packet Pg. 326 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures B. Privately Initiated Land Development Code Amendments Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A and K, F.S. § 163.3202, and F.S. § 125.66. q See LDCsection 10.03.06 for County Initiated LDCAmendments. Applicability Privately initiated amendments that supplement, change, or repeal the LDC. Pre -Application A pre -application meeting is required. Initiation The applicant files an 'Application forAmendment to the Land Development Code" with the PI@RRi^ ;g &Zoning Division. CgSee Chanter 1 D. for additional information reaardina the Procedural steps for initiating an application. Application The application must include the following information: Contents 1. Applicant Contact Information. 2. Pre -application meeting notes. 3. LDC amendment request document, including the following. • a. The applicant's name; • b. The name of the author of the LDC text amendment; c. All LDC sections to be modified by the amendment, • d. Awritten statement briefly describing the change requested; e. A written statement describingthe justification for the amendment and any other relevant information about the change requested; • f. A written statement describingany potential fiscal or operational impacts associated with the amendment; • g. A written statement addressing the amendment's consistency with the Growth Management Plan; • h. Changes to the LDC shall be identified in a strikethrough/underline format. Strikethrough language represents removal and underlined language represents new language; and • I. All cross referencestothe section in the LDC shall be checked and amended if necessary. 4. Electronic copies of all documents. Completeness and The Gr.yAh nAaRage...e..t ne..er FAe..t ..,ill review the a PliGa%i9R Fer .. plete..err o Processing Auer �,Jh .igsion etthe eleted -, eliGation paGke♦ a ed with the required Processing AppliGation Fee the applicant ..,ill r gile.J o electronic response notifying the applicant that the petition is being n ecl Accernpanying that response .,ill be a reGeilatfer the PaYM@Rt Rd the t cling n ...b.er (i.e., a e.d t tb.e n 211 Page Revised: 12/20/2022 Packet Pg. 327 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Notice Notification requirements areas follows. q See Chapter 8 of the Administrative Code for Requirements additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. The title of the proposed ordinance or resolution; b. Date, time, and location of the hearing; • c. Places(s) within the county where the proposed ordinance may be inspected by the public; and • d. LDC amendments that change the zoning map designation of 10 acres or more of land or change the permitted, conditional, or prohibited uses within a zoning category shall include a 2 in. x 3 in. map of the project location. Public Hearings For LDC amendments that change the zoning map designation of less than 10 acres of land or do not change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. 3. The BCC shall hold at least one advertised public hearing. For LDC amendments that change the zoning map designation of 10 acres or more of land, or change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. • The Planning Commission may elect by a majority decision to hear the ordinance or resolution at two advertised public hearings. If there is only one advertised public hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two advertised hearings, then at least one of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BCC shall hold at least two advertised public hearings. • At least one advertised public hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote electsto conduct that hearing at another time of day. Decision Maker The BCC, following the recommendations from both the EAC, if required, and the Planning Commission. 221Page Revised: 12/20/2022 Packet Pg. 328 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Review Process The D1�.^:iRg & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report and provide a recommendation to the following advisory boards and the BCC: • a. The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. • b. The EAC reviewsthe amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws and Ordinances section 2-1193.The EAC makes a recommendation to the BCC. • c. The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards. The BCC may approve, approve with revisions, or denythe proposed ordinance or resolution. Effective Date Per F.S. § 125.66,the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. Updated Resolution 2018-072 231Page Revised: 12/20/2022 Packet Pg. 329 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Chapter 3. Quasi -Judicial Procedures with a Public Hearing Quasi-judicial Wand use petitions require a public hearing where the applicant and affected property owners are allowed to speak and provide testimony about the application. The County's decision -making agency is similar to a judge presiding over a trial, and its decision is based on the record. Quasi-judicial hearings are pursuant to law and provide for the following: 1. The record may include the application materials, County Staffs recommendation, and may also include written reports, and the fact —based testimony of any witnesses (expertor otherwise) that speak at the public hearing. The applicant or the agent has the burden of providing a written record. 2. The applicant has an opportunity to be heard in person and through counsel, to present evidence of its case, and to rebut the case presented by opposing parties. 3. Cross—examination of adverse witnesses is allowed. The chairman or presiding officer of the decision -making agency may reasonably control the amount of time and type of questions asked during cross-examination. 4. Exparte communications must be disclosed by members of the advisory boards or decision_ -making agency pursuant to law. 241 Page Revised: 12/20/2022 Packet Pg. 330 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual A. Appeal of an Official Interpretation of the Land Development Code Reference LDC s69asection 1.06.01 D, LDC section 8.10.00, LDC Public Notice s4section 10.03.06 Q, and Code of Laws and Ordinances section 250-58. Applicability This process allows an applicant to appeal an Official Interpretation to the Hearing Examiner. Pre -Application A pre -application meeting is not required. Initiation The applicant files an Appeal Application for Official Interpretation" with the WaRp Pg 9, Zoning Division. caSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Interpretation number. 3. A narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. 4. Electronic copies of all documents. S. Affidavit of Authorization. Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the each advertised Hearing Examiner guLblic hearing in a newspaper of general circulation. The advertisement shall include at a minimum: . a. Date, time, and location of the hearing; and • b. 2 in. x 3 in. map of the project location, if site specific. Public Hearing -I.The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. G See Chapter 9 for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The °. 'a.^RiRg gt Zoning Division will review the appeal and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary to present to the Decision Maker ^"'^^ of the °^,F'^^ a �'� o a-P6 '^^ Updated 251Page Revised: 12/20/2022 Packet Pg. 331 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B. Boat Dock , Dock Facifi Extension, an d- R_ e— -at Lift Canopy B.1. Boathouse Establishment Reference LDC sections 5.03.06, 5.03.06 F, 8.10.00, and LDC Public Notice section 10.03.06 H. Applicability Thee e.e four types of permits for a heat dock facility and .PIMA. 1- DArk F;iril6ty Extension 3, Park 6..Qlii., with a soath..ws a- ROM Lift GaRepy A boathouse establishment petition is required for proposed boathouses and includes any roofed structure built on a dock. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Dock Facility Extension or Boathouse Establishment Petition" with the Zoning Division. psee Chapter 1 D. for additional information regarding the procedural steps for initiating an application Application The application must include the following: Contents $OF Deaf 1. Applicant contact information. Deck rgtabligh.,ent 2. Property information, including: Facilityand/or a Doc! a. Property identification number; Extension b. Section, township, and range; C. Subdivision, unit, lot and block; and d. Addressof subjectsite. 3. Zoning information, including: 261Page Revised: 12/20/2022 Packet Pg. 332 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a. Current zoning and land use of subject property; and b. Adjacent zoning and land use. 4. Site information, including: a. Waterway width and where the measurement came from; b. Total property water frontage; c. Measurement of provided and required setbacks; d. Total protrusion of proposed facility into water, as measured from the most restrictive of the property line, bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line; e. Number and length of vessels to use facility; and d. Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. S. Narrative description of the project. 6. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5-foot increments). 7. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: • a. Lot dimensions; • b. Required setbacks for the dock facility; • c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • d. Configuration, location, and dimensions of existing and proposed facility; • e. Water depth where proposed dockfacility is to be located; • f_Distance of the navigable channel; • g. Illustration of the contour of the property; and • h. Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 F. 11. Signed and notarized affidavit by propertyowner or agent. 12. Addressing checklist. 13. E!eGtron*G copy of all documents Property Ownership Disclosure Form. 271Page Revised: 12/20/2022 Packet Pg. 333 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 14. Geigiog F... tho We RFIRP &(AMi..... OF OL... a (;9FRR.i.9i^^ -. i.d....tiFi...d .. the Subm;tt;il !h^rLli4t Electronic copy of all documents. 15. Copies for the Hearing Examiner or Planning Commission as identified on the application's Submittal Checklist. 16. Affidavit of Authorization. Application The Boat Lift !-a..,)..y and the goat Lift . Deviation a ^liGati,... must FnGli,dp the Content,; for 2 following; Boat Lift Canopy AppliGant contad information-. OF a Mat 1 :H Canopy-Deviatien PropeFtyidentification number; Section, township, and range; A.d.d.^«.)F q uhlect site A 96iiayey, Si^^^a @^a Se@led Sh....,iRg a..Y eXiSti..,..d..�L Completeness and The planning & Zoning Division will review the a pliGatian for ^ .poem.^« After o..o DT. iiF .eicnig—vr ApplicationappliGant ..,ill FIRGPIVP R ailed ^ ..In..t...ni.. FeSPORSe RlDtifYiRg the .. nl:....nt that the P@tqtFGR is being n ed A....9.....aRYiA9 that FIRSPIDASe .,ill be a FIRGIROP49F the pyme aand the « .. Gkinn . beF (i.e., XXX291 7l1l1l 99) assigned « the p Thi. T } Notice for beat Notification requirements are as follows. C�> see Chapter 8 of the Administrative Code for DO& additional notice information. F.tablkhmant with a ^ Boathous', 1. Mailed Notice: Written notice shall be sent to property owners in the notification Beat Beck area at least 15 days before the advertised Hearing Exam ner public hearing. The Extensions an.l County will mail the letters at the applicant's expense. The advertisement shall Extensions, include at a minimum: 9eviatiens • a. Date, time, and location of the n� public hearing; • b. Petition number; • c. Extension and total protrusion of the facility; and • d. Date by which written comments must be filed with the Planning Zoning Division. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised 4eaFiAg 9XaMiA@F public hearing in a newspaper of general circulation forthe following ^ Boat Dock Egt;;hr.hn,^nt . ,ith a 281Page Revised: 12/20/2022 Packet Pg. 334 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code [ Administrative Procedures Manual Boathouse, Beat Dq k lixte.,..,,.. F Seat I IR G...,,..,,, P,.,,,AtiRR. The advertisement shall include at a minimum: Date, time, and location of the hearing; • a. Petition number; • b. Address of the facility; • C. Extension and total protrusion of the facility; d. 2 in. x 3 in. map of the project location; and • e. Date by which written comments must be filed with the PlaAAing & Zoning Division. 3. Sign: 'sego:; Posted at least 15 days before the advertised Hearing ��i^p uL l hearing date. q see Chapter 8 E. of the Administrative Code forsian template. B-PL20120000000: [Name) Boat Dock Extension- Appli t is requesting a [number] -foot boat do extension ver the maximum ZOfeet limit in ction 5.03.06of th ollier County Land Devel ent Code for a total protru ' n of [number] fe or Lot [number], Block [lest of the [lo tion]. DATE: CONTACT: THE ABOVE;PITE HELD AT THE GROWT MANAG NTDIVISIONBUILD€NG,2800N. HOR HOE DR., NAP LES, FL 34104OR AS OTHE ISE D IGNATED. Public Hearing 1, UP W,..,.FAg , h@" hRla At e .,.« , ..61I.1;,. he .FiRg f... «I,,. EpreGedures— I)GGk 291Page Revised: 12/20/2022 Packet Pg. 335 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual ( he Hearing Examiner or Planning Commission shall hold at least 1 advertised Public hearing. ra See Chapter 9 of the Administrative Code for the Office of the Hearina Decision Maker The We@FiAg ExamiRep may app�eve; Il....l. FaGilit..with a RA;;th AI,C.. DOGIk Facility Extpncin..� Review Process 1, The PIAR .i..,. 4. ZgRa Rg DiyisigA will . , the a pliGati.... identify whether mptpFiais aFe .... ed @Rd ppep@Fe a gtaff D.......t top thy. Offige Af thy. L eaFiRg C..a...iRPF f... R .J....W.... f... thy. f..11....,iRg P nl...._...�i.1....ti�l D94 PaGilit.. as part of the site developmept pla rl'G The Zoning Division will review the application, identify whether additional materials are needed and prepare a Staff Report, utilizing the criteria in LDC section 5.03.06, to present to the Decision Maker. Updated 301Page Revised: 12/20/2022 Commented [H1]: 10.03.06 states PC or HEX, however, 5.03.06 F states Planning Commission. Add "Or HEX" in future LDCA. Commented [H2]: 10.03.06 H states PC or HEXbut 5.03.06 F. states Planning Commission. Add "or HEX" in future LDCA. Packet Pg. 336 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B.2. Dock Facility Extension Reference LDC sections 5.03.06, 5.03.06 H. 8.10.00, and LDC Public Notice section 10.03.06 H. Applicability A dock faciIity extension petition is required for additional protrusion of a dock facility into any waterway beyond the limits established in LDC section 5.03.06 E. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Dock Facility Extension or Boathouse Establishment Petition" with the Zoning Division. Non-residential dock facility reauests, which do not reauire a public hearing, must submit the "Dock Facility Extension or Boathouse Establishment Petition Application" and "Evaluation of Non -Residential Dock Construction", comply with LDC section 5.03.06, as part of the Site Development Plan application and Chapter 4. Q. C�See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Prooertvinformation, including: a. Property identification number: b. Section, township, and range; c. Subdivision, unit, lot and block: and d. Address ofsubiectsite. 3. Zonine information, including: a. Current zoning and land use of subject property: and b. Adjacent zoning and land use. 4. Site information, including: a. Waterway width and where the measurement came from: b. Total property water frontage: c. Measurement of provided and required setbacks; d. Total protrusion of proposed facility into water, as measured from the most restrictive of the property line. bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line: e. Number and length of vessels to use facility: and d. Additional dock facilities in close proximity of subiect property and the total rotrusion of each into the waterwa 5. Narrative description of the project. Revised: 12/20/2022 311 Page Packet Pg. 337 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 6. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW). and relevant water deaths (no less than 5-foot increments). 7. Pursuant to LDC section 5.03.06 I. a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site. depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the Proximity of the proposed facility to docks, if any, on the adiacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: a. Lot dimensions: b. Required setbacks for the dock facility: c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment): d. Configuration, location, and dimensions of existing and proposed facility: e. Water depth where proposed dock facility is to be located; f. Distance of the navigable channel: g. Illustration of the contour of the property: and h. Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 H. 11. Signed and notarized affidavit by property owner or agent. 12. Addressine checklist. 13. Property Ownership Disclosure Form. 14. Electronic copy of all documents. 15. Copies for the Hearing Examiner or Planning Commission as identified on the application's Submittal Checklist. 16. Affidavit of Authorization. Notice Notification reauirements are as follows.g See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing: b. Petition number: c. Extension and total protrusion of the facility; and d. Date by which written comments must be filed with the Zoning Division. 321Page Revised: 12/20/2022 Packet Pg. 338 1O.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing: b. Petition number: c. Extension and total protrusion of the facility: d. 2 in. x 3 in. map of the project location: and e. Date bvwhich written comments must befiled with the Zoning Division. 3. Sien: Posted at least 15 days before the first advertised public hearing date. q See Chaoter 8 E. of the Administrative Code for sign template. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. Ca See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker (he Hearing Examiner or Planning Commission, Review Process The Zoning Division will review the application, identify whether additional materials are needed and prepare a Staff Report. utilizing the criteria in LDC section 5.03.06 H. to present to the Decision Maker. updated 331Page Revised: 12/20/2022 Commented [11-113]: 10.03.06 H. states PC or HEX hearing, however 5.03.06 H. states in order for the Planning Commission to approve the boat dock extension request.... Add "or HEX" in future LDCA. Packet Pg. 339 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B.3. Boat Lift Canopy with Deviations Reference LDC sections 5.03.06 G. 8.10.00. and LDC Public Notice section 10.03.06 H. Applicability A boat lift canopy with deviations petition is required for a proposed boat lift canopy that does not meet the standards of LDC section 5.03.06 G. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Boat Lift Canopy Application" with the Zoning Division. pSee Chanter 1 D. for additional information reaardina the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Prooertvinformation, including: a. Property identification number: b. Section, township, and ranee: c. Subdivision, unit, lot and block: and d. Add ressofsubiectsite. 3. Current zoning and land use of subject property. 4. Survey, signed and sealed, showing any existing dock facility. S. Scale drawing of the proposed canoov showing all dimensions. 6. Sample of the fabric for color review. 7. Property Ownership Disclosure Form. 8. Addressing checklist. 9. Affidavit of Authorization. Notice Notification requirements are as follows.g See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing: b. Petition number; c. Extension and total protrusion of the facility; and d. Date bvwhich written comments must befiled with the Zoning Division. 341Page Revised: 12/20/2022 Packet Pg. 340 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing: b. Petition number: c. Extension and total protrusion of the facility: d. 2 in. x 3 in. map of the project location: and e. Date bvwhich written comments must befiled with the Zoning Division. 3. Sign: Posted at least 15 days before the first advertised public hearing date. q See Chapter 8 E. of the Administrative Code for sign template. Public Hearing The Planning Commission shall hold at least 1 advertised public hearing. pSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker Review Process The Zoning Division will reviewthe application, identify whether additional materials are needed and preparea Staff Report to oresentto the Decision Maker. Updated 351Page Revised: 12/20/2022 Commented [H4]: 10.03.06 H. states PC or HEX, however 5.03.06 G. states a petition for boat lift canopy deviation shall be made to PC. Add "or HEX" infuture LDCA. Packet Pg. 341 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual C. Conditional Uses (CU) C.1. Conditional Use Permit Reference LDC sections 10.08.00, 8.10.00, LDC Public Notice subsection 10.03.06 B or C, and F.S. § 163.3202. Applicability A conditional use permit is required if the proposed use or development is eligible as a conditional use or minor conditional use in the applicable zoning district. A minor conditional use is one which does not reauire environmental reviewunder Section 2-1191 et sea. of the Code of Laws and Ordinances and which is not a case of great Public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. The Commissioner of the District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the CCPC in an advisory capacity and then the Board of Zoning Appeals or Board of County Commissioners for final action. Pre -Application A pre -application meeting is required. Initiation The applicant files an Application major Public Hearing F—for: Conditional Use" with the Zoning Division. gSee Chapter 1 D. for additional information regarding the Procedural steps for initiating an application. Application The petition should include material necessary to demonstrate that the approval of the Contents conditional use will be in harmony with the general intent and purpose of the LDC, will be consistent with the Growth Management Plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. The application must include the following: 1. Applicant contact information. 2. Addressing Checklist. 3. A cover letter briefly explaining the proposed project. 4. ^'g^'^guFP of 91AIRe Property Ownership Disclosure Form. 5. 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 date of the option, the date the option terminates, and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre -application meeting notes. 8. A copyof the last recorded deed, contract for sale or agreementfor sale, ora notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment information, if applicable. 361Page Revised: 12/20/2022 Packet Pg. 342 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 10. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. 11. Property information, including: • a. Legal description; or if the conditional use involves only part of a PUD, only a legal description for the subject portion is required; • b. Property identification number; • C. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Address of subject site and general location; and • f. Size of property in feet and acres. 12. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • a. Legal description; • b. Property identification number; • C. Section, township and range; and • d. Subdivision, unit, lot and block, or metes and bounds description. 13. Zoning information, including • Adjacent zoning and land use. 14. Conditional Use requestdetail, identifying currentzoning district, type of use and present use of property. 15. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year precedingthe application, and the nature of that hearing. 16. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards, and other open spaces. The conceptual site development plan does not replace the site development plan (SDP) required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference as to type, dimensions, and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting, including type, dimensions, and character. 22. Environmental Data Requirements. c>See LDCsubsection 3.08.00A. 371Page Revised: 12/20/2022 Packet Pg. 343 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 23. Environmental Data Requirements for PUD Zoning and Conditional Uses G See Chapter 7 A. of the Administrative Code. 24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify plant and/or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures, if applicable, G See Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study q See Chapter 78. of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability, as identified at the pre-app meeting, a historical and archeological survey or waiver application. 28. If the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. 29. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. 30. Owner/agent affidavit as to the correctness of the application. 31. Electronic Copy of Aall Documents. 32. Affidavit of Authorization. Notice for Minor Notification requirements are as follows. Ca See Chapter 8 of the Administrative Code for Conditional Use additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days ^ ^ th@ W@aripg Qf the AdFA6Aig#@V"P C before the advertised Public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; Revised: 12/20/2022 381Page Packet Pg. 344 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual . b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 4. Sign: (s^ w) Posted at least 15days before the advertised Hearing Examiner hearing date. q See Chanter 8 E. of the Administrative Code for sign template. [Please note: If the Minor Conditional Use petition is to be heard before the BZA, the notice procedures shall be the same as the oroceduresfor all other Conditional Use petitions listed below.l LICHEARING REQUESTING PETITION MBER: TO PERMIT: (Request-Sufficien clear toescri the project) LOCATION: DATE: E: CONTACT: THE ABOVE T E HELD AT THE GROW MANAGE NTDIVISION BUILDING,2800 HORS OE DR., NAPLES, FL34104OR AS OTH ISE D GNATED. Notice for all other Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Conditional Use additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days beforethe advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: . a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and . c. 2 in. x 3 in. map ofthe project location f9F the oi..^^i^^ G «;^^ Adv 4. Sign: Posted at least 15 days beforethe advertised public hearing date.g See Chapter 8 E. of the Administrative Code for sian template. 391Page Revised: 12/20/2022 Packet Pg. 345 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual LIC HEARING REQUESTING REZONE APPROVAL PETITIO UMBER: __ TO ALLOW: (Request-Sufficie clear to describ a project) LOCATION: DATE: CONTACT: [EA HE ABOVE TO ELD IN THE BOAR COUNTY OMMISSI RSCHAMBERS,THIRD FLOO COLLIER OLIN OVERNMENTCENTER, 3299TAMIA RAIL APLES,FLORIDA,34112. Public Hearing for -1.The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. If the BZA is Minor Conditional the final Decision Maker. the Minor Conditional Use petition shall follow the same public Use petitions hearing process as all other Conditional Use petitions. p see Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Public Hearing for 1. The EAC shall hold at least 1 advertised public hearing, if required. all other 2 The Planning Commission shall hold at least 1 advertised public hearing. Conditional Use petitions 3. The BZA shall hold at least 1 advertised public hearing. Decision Maker for The Hearing Examiner or BZA. Minor Conditional Use petitions Decision Maker for The BZA, following a recommendation from both the EAC, if required, and the Planning all other Commission. Conditional Use petitions Staff Review The NaRRIRg 9,Zoning Division will review the application, identify whether additional Process materials are needed, and prepare aw Staff Report or Executive Summary , ,^d, " "^dwle a heaFin^ date befeFe the appFepFiate "^d to presentthe Decision Maker the ^petition Fret Few PM. Recording of Within 30 days ofapproval of the conditional use, the owner ordeveloperat its expense Developer shall record inthe Public Records of Collier County a Memorandum of Understanding of Commitments Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and everycommitment ofthe owner or developer specified in the conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning c^..,'Ges Dep@F%F•^^t Division, within 15 days of recordingof said Memorandum or Notice. Updated 401Page Revised: 12/20/2022 Packet Pg. 346 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual C.2. Conditional Use Extensions Reference LDC section 10.08.00 and 8.10.00, and LDC Public Notice subsection 10.03.06 D. Applicability This establishes a process to extend the life of an approved conditional use permit. Pre -Application A pre -application meeting is required. Initiation The applicant files an Application F for Public Hearing Conditional Use Extension" with the PlaRAiAo Zoning Division. gSee Chapter 1 D. for additional information regardina the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. ^°4I^4 ,rP Pf P%minprship information ProoertvOwnership Disclosure form. 3. 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 date of the option, the date the option terminates, and anticipated closing date. 4. Property information, including: • a. Legal description; . b. Property identification number; • c. Plat book and page number; . d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; . f. Address of subject site and general location; and • g. Size of property in feet and acres. 5. Zoning information, including: • a. Zoning of adjacent properties when original Conditional Use was approved; • b. Land use ofadjacent propertieswhen original Conditional Use was approved; • c. Current zoning of adjacent properties; and • d. Current land use of adjacent properties. 6. Two copies of a signed and sealed boundary survey (completed within the last 6 months, maximum 1 in. = 400 ft. scale) if required to do so at the pre -application meeting. 7. Conditional Use extension requestdetail, identifying currentzoning district, type of use and present use of property. 8. Copies of Warranty Deed(s) forthe current property owners. 411 Page Revised: 12/20/2022 Packet Pg. 347 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 9. A narrative statement describing the requestfor conditional use extension and how it meets the criteria discussed in LDC section 10.08.00. 10. How the request remains consistent with the applicable sections of the LDC and GMP, including the future land use element; any GMP amendments since the approval of the conditional use; identify any development/redevelopment that has occurred on adjacent parcels and what effect, if any, an extension would have on those uses; and any additional relevant information. 11. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application, and the nature of that hearing. 12. Cover letter briefly explaining the project. 13. Pre -application meeting notes. 14. A site plan (measuring no larger than 24 in. x 36 in.) and a conceptual site plan measuring 8'/: in. x 11 in. 15. Owner/agent affidavit as to the correctness of the application. 16. Traffic Impact Study gSee Chapter 7B. of the Administrative Code. 17. Electronic copy of all documents. 18. Copies of the previously approved conditional use site plans, and one reduced 8% in. x 11 in. copy of the site plan. The applicant shall provide additional copies of the plan upon completion of Staff's evaluation for distribution to the Board, if requested by the staff planner. 19. The resolution that approved the conditional use. 20. A copy of the original application for the conditional use. 21. Addressing Checklist. 22. Affidavit of Authorization. Notice for Minor Notification requirements are as follows. c; See Chapter 8 of the Administrative Code for Conditional Use additional notice information. Extension petitions and all 1. Mailed Notice: Written notice shall be sent to property owners in the notification area other Conditional at least 15 days before the advertised public hearing. Use Extension petitions 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and • b. Description of the proposed land uses. Revised: 12/20/2022 421Page Packet Pg. 348 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 3. Sign: (s^ w) Posted at least 15 days before the advertised Hearing Examiner hearing date. q See Chapter 8 8 of the Administrative Code for sign template. BLICHEARING REQUESTING PETITIO UMBER: TO PERMIT: (Request-Sufficie clear to descri the project) LOCATION: DATE: E: CONTACT: THE ABOVE TO HELD AT THE GRO MANAGE TDIVISION BUILDING, 2800 HORS OE DR., NAPLES, FL34104OR AS OT WISE D GNATED. Public Hearing -I.The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. C* See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The Plapp^ g & Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report or Executive Summary to present to 41we Qf icpe€the Decision Maker u^,•'^^ Exam*^• °^•^ deaisi^^ Updated 431Page Revised: 12/20/2022 Packet Pg. 349 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual C.3. Conditional Use Re -Review Reference LDC section 10.08.00 and 8.10.00 and LDC Public Notice subsection 10.03.06 D. Applicability If a Conditional Use is approved with stipulations, the Conditional Use is reviewed to determine whether the applicant has met the conditions of approval or whether additional stipulations are necessary. The Hearing Examiner will establish the time period or dates when the conditional use is subject to review. This is a mandatory procedure for any applicant holding a valid conditional use permit that has stipulations. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Conditional Use Re -review" application with the c. lann g & Zoning Division. q See Chapter 1 D. for additional information reaardina the procedural steps forinitiatina an application. Application The application must include the following: Contents 1. Applicant Contact Information. 2. A letter describingthe request. 3. All documents necessaryto address the conditions or stipulations. 4. Pre -application meeting notes. S. Addressing checklist. 6. ProoertvOwnershin Disclosure Form. 7. Affidavit of Authorization. Completeness and The Planning & 79ninn DiViSinn will review the a pupation Fnr Gempleteness.« After f ppoF .r Applicationapplicant will FeGeive a aiload o elent.epgn F@SPORSe tl F..ipn the n pl:nont that the petitien is being ppeGessed. AGGempaRyiRg that FespeRse will be a FereiPtfeFthe Payment and the t Gking number (i.e., vvv�n� �nnnnn� � o.l to the petitien. This petitien t.nn Linenumber should he noted o all Wwre ndenne.egardinnthe petitiGA Notice for Minor Notification requirements areas follows. q See Chapter 8 of the Administrative Code for Conditional Use additional notice information. Re -Review petitions and for 1. Mailed Notice: Written notice shall be sent to property owners in the notification area all other at least 15 days before the first advertised public hearing. Conditional Use Re -Review 12. Newspaper Advertisements: The legal advertisement shall be published at least 15 petitions days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Description of the proposed land uses. 441Page Revised: 12/20/2022 Packet Pg. 350 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Public Hearing I —The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The °.tea Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report or Executive Summary to present to the Decision Maker Off cp Af the Hearing E,,,.. ner f... a .IeGFAI... Updated 451Page Revised: 12/20/2022 Packet Pg. 351 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Conditional Use - Comparable Use Determination (-CU-CUllIJ -Commented [H5]:This new section's text will become existing text and subject to the final form approved by the Reference LDC sections 2.03.00 A,10.02.06 K, 10.08.00, LDC Public Notice section 10.03.06 B., C, or 0, LDC BCC in Jan. 2023. section 8.10.00 and F.S. 4125.66. Applicability A Conditional Use - Comparable Use Determination shall be used to determine if a new use is comparable, compatible, and consistent with the list of permitted uses in a zoning district, except for in a Planned Unit Development (PUD), if such zoning district contains the phrase. "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase. For PUDs that contain such a phrase. see Chapter 31. for additional information regarding Comparable Use Determination in PUDs. A Minor Conditional Use -Comparable Use Determination is where the conditional use qualifies as a minor conditional use as defined in LDC section 8.10.00. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Conditional Use - Comparable Use Determination Application or an Application for PublicHeorina for Conditional Use " with the Zoning Division. 4-See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The petition should include material necessary to demonstrate that the approval of the Contents conditional use will be in harmony with the general intent and purpose of the LDC, will be consistent with the Growth Management Plan, will not be incurious to the neighborhood or to adjoining properties. or otherwise detrimental to the public welfare. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. A cover letter briefly explaining the proposed project. 4. ProoertvOwnership Disclosure Form. 5. 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 date of the option, the date the option terminates, and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre -application meeting notes. 8. A copvof the last recorded deed, contract for sale or agreementfor sale, ora notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment Information, if applicable. 10. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. 11. Property information, including: a. Legal description; or if the conditional use involves only part of a PUD, only a legal description for the subject portion is required: 461 Page Revised: 12/20/2022 Packet Pg. 352 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual b. Property identification number: c. Section. township and ranee: d. Subdivision, unit, lot and block, or metes and bounds description: e. Addressof subiect site and general location: f. Size of property in feet and acres: K. Property owner's name: and h. Verification being requested. 12. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: a. Legal description; b. Property identification number; c. Section, township, and range: and d. Subdivision. unit, lot and block, or metes and bounds description. 13. Zoning information. including: Adiacent zoning and land use. 14. Conditional Use reauestdetail, identifying currentzoning district, type of use and present use of property. 15. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application. and the nature of that hearing. 16. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas. refuse and service areas, and reauired yards, and other open spaces. The conceptual site development plan does not replace the site development plan (SDP) required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference asto type, dimensions, and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting. including type. dimensions, and character. 22. Environmental Data Requirements. Ca See LDCsection 3.08.00A. 23. Environmental Data Reauirements for PUD Zoning and Conditional Uses q See Chanter 7 A. of the Administrative Code Revised: 12/20/2022 471Page Packet Pg. 353 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code Administrative Procedures Manual 24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify plant and/or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures, if applicable, q See Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study Ga See Chapter 78. of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability, as identified at the pre-app meeting, a historical and archaeological surveyor waiver application. 28. If the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. 29. Permits: All Federal. State. and local permits shall be submitted priorto construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal. State, and local agency permits at the pre - construction meeting. 30. Owner/agent affidavit as to the correctness of the application. 31. Electronic copies of all documents. 32. Affidavit of Authorization. 33. A narrative statement that describesthe determination request, the justification for the use by a certified land use planner or a land use attorney and addresses the standards within LDC section 10.02.06 K.2. 34. Additional materials may be requested by staff deoendingon the use and justification provided. Notice for Minor Notification requirements are as follows. �* See Chapter 8 of the Administrative Code for Conditional Use additional notice information. — Comparable Use 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. Determination The NIM shall be advertised, and a mailed written notice shall be given to property Petition s owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing: b. Description of the proposed land uses: 481Page Revised: 12/20/2022 Packet Pg. 354 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual c. Application number and project name: d. PUD name and ordinance number: e. Proposed permitted use: f. Description of location: and R. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date. q See Chapter 8 E. of the Administrative Code for sign template. [Please note: If the Minor Conditional Use petition is to be heard before the BZA, the notice procedures shall be the same as the oroceduresfor all other Conditional Use petitions listed below.l Notice for all Notification requirements are as follows. q See Chapter 8 of the Administrative Code for other additional notice information. Conditional Use —Comparable 1. NIM: The NIM shall be completed at least 15 days before the first advertised public Use hearing. The NIM shall be advertised and a mailed written notice shall be given to Determination property owners in the notification area at least 15 days prior to the NIM meeting. petitions 2 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing: b. Description of the proposed land uses: c. Application number and project name; d. PUD name and ordinance number: e. Proposed permitted use: f. Description of location: and a. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised public hearing date. G See Chapter 8 E. of the Administrative Code forsian template. Public Hearing The Hearing Examiner orCCPC shall hold at least 1 advertised public hearing. If heard byCCPC. for Minor the BZA will hold 1 advertised public hearing. If the BZA is the final Decision Maker. the Minor Conditional Use Conditional Use petition shall follow the same public hearing process as all other Conditional — Comparable Use petitions. q See Chapter9 ofthe Administrative Codefor the Office ofthe Hearing Examiner Use procedures. Determination petitions Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. for all other 2 The Planning Commission shall hold at least 1 advertised public hearing. Conditional Use — Comparable 3. The BZA shall hold at least 1 advertised public hearing. Use 491Page Revised: 12/20/2022 Packet Pg. 355 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Determination Petitions Decision Maker The Hearing Examineror BZA, applying the criteria in LDC Sections 10.02.06 K. and for Minor 10.08.00. Conditional Use — Comparable Use Determination Petitions Decision Maker The BZA, following a recommendation from both the EAC, if required, and the Planning for all other Commission, applying the criteria in LDC Sections 10.02.06 K. and 10.08.00. Conditional Use — Comparable Use Determination petitions Review Process The Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report to the Hearing Examiner or CCPC and BZA. Recordine of Within 30 days of approval of the conditional use. the owner or developer at its expense shall Developer record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments Commitments or Notice of Developer Commitments that contains the legal description of the Property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S. A recorded cony of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Division. within 15 days of recording of said Memorandum or Notice. Updated Resolution 2022-### 501Page Revised: 12/20/2022 Packet Pg. 356 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual D. Development of Regional Impact (DRI) D.1. DRI Application - Establishment of a new DRI Reference LDC Public Notice subsection 10.03.06 land F.S. § 380.06 a4d.380.0651. and 163.3184. A DRI may involves the review and input by the Florida Department of Economic Opportunity (DEO) and the Southwest Florida Regional Planning Council (SWFRPC). -03ee Applicability This section applies to the establishment of a DRI pursuant to F.S. 380.06 (12) Proposed Developments and F.S. 163.3184 (4). p See F.S. § 380.0651 and FAC 28-24 (DRI thresholds) for statewide guidelines and standards to determine whether DRI review is required. p See Chapter 14 - AppendixA of the Administrative Code for a flow chart of State, Regional and Local review process. Pre -Application A pre -application meeting is required. Initiation If certain thresholds are met, DRI review is required. pSee F.S. § 380.06(2)and380.0651 and FAC 28-24. The applicant files the County's "Application €for Public Hearing €for DRI Application for Development Approval (DRI)," and A applicants must submit an Application for Development Approval (ADA) fora DRI simultaneous review with a growth management plan amendment per 9 99.96(6) cc pSee Chapter 1 D. for additional information reaardina the procedural steps for initiatina an application. Application The County's application must include the following Contents 1. Applicant contact information. 2. Addressing checklist. 3. "*;rI9; ,Fe ^F ^• ;^^ Property Ownership Disclosure Form. 4. Completed ADA form with all attachments. S. Draft DRI Development Orderto address the proposed change. 6. Property information, including: a a. Legal description of subject property and any contiguous property owned by the applicant; 4 b. If the application involves a change to more than one zoning district, include a separate legal description for each district; 4 C. Property identification number; 4 d. Section, township and range; 511 Page Revised: 12/20/2022 Packet Pg. 357 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and • g_ Size of property in feet and acres. 7. An explanation of whether the requested action is consistent with the Growth Management Plan. 8. A statement of whether a public hearing was held on the property within the year preceding the application and an explanation of that hearing. 9. A detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material, and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include the hearing number, hearing dates and a summary of the approved action. 10. A description of any sale or development of the DRI. 11. Traffic Impact Study q See Chapter 78. of the Administrative Code. 12. Environmental Data Requirements. pSee LDCsubsection 3.08.00A. 13. An 8% in. x 11 in, graphic location map of the site. 14. Signed and sealed survey, no older than 6 months. 15. DRI Development Order Master Plan. 16. Copies of Notices sent to DEO and RPC. 17. Pre -application meeting notes. 18. Owner/agent affidavit as to the correctnessof the application. 19. Electronic copy of all documents. 20. Affidavit of Authorization. Notice NatifiGatianrequ 4 fnIIn s 00 See Ghgpte, o of the n,a.,, n. gtrgg,,e Codes r .,s ,..:..,, �. See A.S. § avn 06(11) fer...d. i4o Gl not4ce requirements*the not i6 proposed within .tie :, risdict4on ofmore thgn one le,.,,! y e..d In accordance with F.S. § 380.06 and the Florida Administrative Code.l Commented [H6]: Added for consistency with LDC .................................................................................................................... section 10.03.061.2 leas% , 5 days bofwe the R.I.,...Hge.d oi...,..;Rg r,.,.,.. issie., he.,.;., l Commented [H7]: LDC 10.03.061.2 does not require a .............................................................. 2 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days mailed notice. before each advertised public hearing in a newspaper of general circulation. The 521Page Revised: 12/20/2022 Packet Pg. 358 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual advertisement shall include at a minimum: G See also F.S. §.380.06 (7) and §.50.011 for State publication requirements. a. Date, time, and location of the hearing; b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location (z Sign; (Se@ f9FR4et 13@19W) otaSted e�tiveSt 19 da ,S 9@fQta.ta the Ad"P ti5e.d PIaRRiRg CQMFPi99iQRhta g da . d SPR C.461,9teF o F.�the .............................................................................................................................................................................................................._---......... Commented [148]: LDC 10.03.061.2 does not required BLICHEARING REQUESTING DEVELOPMENT OF RE NALIMPACT PETITION N BER: TO ALLOW: (Request -Sufficient lea to des a the project) LOCATION: DATE: E: CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERS CHAMBERS, THIRD FLOO , OLLIER COU GOVERN M ENT CENTER, 3299 TAM IA RAIL E , NAPLES, FLORIDA, 34112. Public Hearing 3, 5;kVFRor 44f ..etifip� reme. County that it may «hedyle e „„hnc. hearing to G sider e De.,elee...e Rt GFde. The (;Q61..t....,il1 get the pUbliG hee.d..g at its ..ew SGhed6lled meeti.... The hee.g..g is held. ithiR 99 days a4ta. the C\A'PRP(;'q netiGe,..less the .. ..1:..aRt Rath the Dle... iRg l'ta.. MFSSFe.. e...d the orr,.,ill .. ...d61Gt a 61131F. '�"'"g• 2, The Planning g. Zoning Division will record the hearing proceedings by tape or a certified court reporter and make the recordings available for transcription at the expense of any interested party. gee Cc x oon,n<n a' posting of sign. 1. The EAC shall hold at least 1 advertised public hearing, if reauired. (. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing.] ................. Commented [H19]: LDC 10.03.06 1.1 requires 1 advertised Decision Maker The BCC, following a recommendation from the Planning Commission. hearing by PC and 1 by BCC. Review Process oor ,detprrnones suffoeoenc-. p cee c c § z 0.06(10) 211. Report and recommendation by RPC, if available c^^ c c < J4^ ^< 11 -3 2. The County will reviewthe application at the same time as the Growth Management Plan amendment application, if applicable, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. 531Page Revised: 12/20/2022 Packet Pg. 359 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Changes to — se r c 41.4999.Q& • „ O.W. Approval Recordine Notice of the adoption of an amendment to an adopted development order shall be recorded by the developer, with the clerk of circuitcourt. q See F.S. 4.380.06(4)(c) Updated 541Page Revised: 12/20/2022 Packet Pg. 360 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual D.2. DRI Abandonment Reference LDC Public Notice subsection 10.03.06 land F.S. § 380.06(_LG 11)i FAG ,�—.e-_nn 0291 Applicability This establishes a process forth e County, a pro pertyowner,ordeveloper to abandon a valid DRI. Pre -Application A pre -application meeting is required. Initiation The applicant files the following applications: 1. "Application for Public Hearing, Abandonment of a Development of Regional Impact" (DRIABN); gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. a tt-...I..rents (FORPAI DEG DfD ADAI.IIIII AI�A CHIT r1Dl �1.....TM��..F......�.....,....;I,MI...................................................... Commented [H10]: Review process was eliminated by n the FIQFM A ncn ..,o .o Chapter 2018-158 Laws of Florida. Effective4-9-2018 Application The application must include the following: Contents 1. Applicant contact information. 2. n gGlAgurp of Qwnp °" ^ Property Ownership Disclosure Form. 3. DRI Development Order name and number. 4. Property information, including: • a. Legal description of subject property and any contiguous property owned by the applicant; • b. If the application involves a change to more than one zoning district, include a separate legal description for each district; • c. Property identification number; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and 4 g. Size of property in feet and acres. S. A narrative and detailed explanation of the reason for seeking abandonment. 6. Completed State Abandonment form with all attachments. 7. Completed DEO Application for Abandonment of DRI and copies of the submittal letters submitted to DEO and RPC. B. An explanation of whether the abandonment is consistent with the Growth Management Plan. 551Page Revised: 12/20/2022 Packet Pg. 361 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 9. A statement of whether a public hearing was held on the property within the year preceding the application and an explanation of that hearing. 10. A description of any sale or development of the DRI. 11. An 8% in. x 11 in. graphic location map of the site. 12. DRI Development Order Master Plan. 13. Pre -application meeting notes. 14. Owner/agent affidavit as to the correctness of the application 15. Electronic copies of all documents. 16. Affidavit of Authorization. 17. Proof all required mitigation has been completed or will be completed under an existing permit. Notice NatiGe is provided by the County to DPQ and the oor nc days before the OCC heKiag—_444es 9,4'' "'' 49.0254(44). In accordance with F.S. § 380.06 and the Florida Administrative Code. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process I. The County will reviewthe application, identify whether additional materials, pursuant to F.S. 380.06 (7). are needed, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to presentthe petition forapproval. 2. Atthe public hearing, the BCC will rendera written decisionto grant, grant with conditions, or denythe requestfor abandonment wi%hip 39 ays of the Recording The County will issue file a notice of the abandonment pursuant to F. S. 28.222 with the clerk of circuit court. With'^ 15 days a teF @RY @PPeal is Feselk,odeF a4pF the appeal periadexpires Ca See F.S.380.06(11)(a)cni-7ai-_nnmcti2vel Appeal Cd See F.S. § 380.07. Updated 561Page Revised: 12/20/2022 Packet Pg. 362 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual D.3 DRI Development Order Amendment Reference LDC-w4section 10.02.13 E.1.j, LDC Public Notice s64section 10.03.0644 land F.S. § 380.06(-3/0........................................................................................................................................................................................................................................ Commented [HI 1]: Correct citation. 2022 This establishes a Process forth e County, a property owner, or d eve lope r to amend CHANGES Applicability or change a valid DRI. A ore-aoplication meeting is required. Pre -Application The applicant files an "Application for Public Hearing, for DRI Develooment Order Amendment" (DOA): Initiation <*See Chanter 1 D. for additional information reaardina the Procedural steps for initiating an application. The application must include the following: Application 1. Applicant contact information. Contents 2. ProvertvOwnershin Disclosure Form. 3. DRI Development Order name and number. 4. Property information, including: a. Legal description of subject property and any contiguous property owned by the applicant: b. If the aoplication involves a change to more than one zoning district, include a separate legal description for each district: c. Property identification number: d. Section, township and range: e. Subdivision. unit. lot and block. or metes and bounds description: f. Address of subiectsite and general location: and g. Size of property in feet and acres Notice In accordance with F.S.380.06 and the Florida Administrative Code. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if reauired. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if reguired.and the Planning Commission. Review Process 1. The County will reviewthe application, identify whether additional materials, pursuant to F.S. 380.06 (7), are needed, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the amendment for approval. 2. At the public hearing. the BCC will render a written decision to grant, grant with conditions. or denvthe reauestfor the proposed amendment. 571Page Revised: 12/20/2022 Packet Pg. 363 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Recordins Notice of the adoption of an amendment to an adopted development order shall be recorded by the developer, with the clerk of circuitcourt. q see F.S. §.380.06(4)(c). Updated 581Page Revised: 12/20/2022 Packet Pg. 364 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and/or other Deviations Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice subsection 10.03.06 N. Applicability This procedure appliesto a request for a mixed use project (MUP) within the Bayshore Gateway Triangle Community Redevelopment Area which seeks to utilize the Bonus Density Pool and/or other deviations. This does not include the Limited Density Pool Allocation. Eligible Applicants Property owners in the following zoning districts: 1. Bayshore Zoning Overlay, Neighborhood Commercial (BZO-NC) Subdistrict. 2. Bayshore Zoning Overlay, Waterfront (BZO-W) Subdistrict. 3. Gateway Triangle Zoning Overlay, Mixed Use District (GTZO-MXD) Subdistrict. Pre -application A pre -application meeting is required. Initiation The applicant files a 'Mixed Use Project Plan (MUP) with Deviations- Public Hearing," with the °Zoning Division. c->See Chanter 1 D. for additional information reaardina the procedural steps for initiatina an application. Application MUPs that require a public hearing shall follow the applicable submittal requirementsof a Contents Conditional Use in Chapter 3 C. of the Administrative Code. In addition, pursuant to LDC subsection 10.02.15 A.2., the applicant shall prepare a conceptual plan depicting mixed use development and noting all deviations. Notice Notification requirements are as follows: �* See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days priorto the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and Revised: 12/20/2022 591Page Packet Pg. 365 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual . C. 2 in. x 3 in. map of the project location for the 4ZABCC advertisement. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. �* See Chapter 8 E. of the Administrative Code for sign template. C HEARING REQUESTING MIXED USE PROJECT PETITION N BER: _ TO ALLOW: (Request -Sufficient) ear to des a the project) LOCATION: DATE: CONTACT: XTHEABOVEELD IN THE BOARD COUNTYAMBERS,THIRDFLOOR, LLIER ENTCENTER,3299TAMIAM AIIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA BCC shall hold at least 1 advertised public hearing. Decision Maker The 4ZA _BCC following recommendations from both the EAC, if required, and the Planning Commission ...................................................................................................................................................................................... Review Process The °Ptea Zoning Division will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and Planning Commission to present the petition for review. Following the recommendation by the Planning Commission, the Planning 9, Zoning Division will prepare an Executive Summary and schedule a hearing date before the KA BCC to present the petition for review. Updated 2022-36 601Page Revised: 12/20/2022 Commented [H12]: LDC 10.02.15.A.2.a states: "MPS that do not meetthe thresholds for administrative approval maybe approved by BZA..." and A.2.c. states:" There shall be a public hearing before the BZA legally noticed....". Need LDCA to 10.02.15 A. to delete'BZA" and replace with'BCC". Packet Pg. 366 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual F. Parking Exemption - With a Public Hearing Reference LDC subsection 4.05.02 K.3, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 G. Applicability This procedure applies to relieffrom the various minimum parking requirements established within the LDC and shall follow the circumstances identified in LDC subsection 4.05.02 K.3.a. Pre -Application A pre -application meeting is not required but may be requested. Initiation The applicant files an"Application €for Public Hearing EforParking Exemption" with the Planning&. Zoning Division. gSee Chapter 1 D. for additional information regarding the Procedural steps for initiating on application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information of principal site and off -site parking, if applicable, including: • a. Legal description; • b. Property identification number; • c. Section, township, range, Plat book and page number; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Addressand general location; and • f. Size of property in feet and acres. 3. Zoning information, including: • a. Zoning classification of any proposed off -site parking; and • b. Zoning and type of land use of the propertythat the Parking Exemption is proposed to serve. 4. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 5. ^'g^'^4 ,•^ of QviRp Property Ownership Disclosure Form. 6. Project information, with the following included: . a. Total number of parking spaces required for the project; • b. Number of parking spaces proposed to be located off -site; . c. Whetherthe proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and • d. Whetherthe permitted use is proposed to share required parking with another permitted use. 7. A narrative statement describing the requestwith specific reference to the criteria noted in LDC subsection 4.05.02 K.3.b., and any backup materials or documentation. 611 Page Revised: 12/20/2022 Packet Pg. 367 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 8. Pre -application meeting notes, if applicable. 9. Addressing checklist. 10. If required, a Boundary Survey (completed within the last 6 months, maximum 1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • a. The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and b. An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyorto allow the accurate depiction ofthe information on the survey. 11. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • jiL All existing and proposed structures and their dimensions; b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); • L. All existing and/or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • d. Required yards, open space and preserve areas; and e. Proposed and/or existing landscaping and buffering as may be required by the County. 12. Owner/agent affidavit as to the correctness of the application. 13. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 14. Map of property location. 15. 10-Year Lease Agreement, if required by the approval criteria. 16. Electronic copies of all documents. 17. Agent Letter review. Following the initial staff reviewcomments and prior to the resubmittal the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Aeent Letter: and b. A draft of the Agent Letter. 18. Affidavit of Authorization. Revised: 12/20/2022 621Page Packet Pg. 368 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Notice Notification requirements areas follows. d See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to Property owners within 150 feet of the sub iect property following the initial staff review comments and prior to the resubmittaI. See Application Contents for review and approval of letter materials. N111A• The NIM shall be completed at least 15 days bpfQre the-.&Prti�Pd Hearing Px;4miner heerinn The NIM shall Ire e.d..ertirerl end Wiledvirittiznshall hp g..*VQeQ R*II„„rtrt 'I %heRatificationaFea t least C days n 11 the N1A me eti Rg. 2. Mailed Notice: Written noticeshall be sentto propertyowners in the notification area at least 15 days before the first advertised public hearing. V 4hin , 50 see. es tl,e u bjectcite deccribinnthe extentand mature efthe parking exemption ,i thin all days of receintef the letter indicating that the application is determined to be cemplete 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Clear explanation of the parking relief sought. 4. Sign: Posted at least 15 days before the first advertised public hearing date. q See Chapter 8 E. of the Administrative Code for sign template. Public Hearing .The Hearing Examiner or Planning Commissionhall hold at least 1 advertised public ....... Commented [H13]: 10.03.06 G. states PC or HEXhearing hearing. C*See Chapter 9 of the Administrative Code for the Office of the Hearing and if heard by PC, one BZA. Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker (The Hearing Examiner Review Process The Planning 9, Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summaryutilizing the criteria identified in LDC &"section 4.05.02 K.3. to presentto the Decision Maker ^sfiae 94he Heering [).-.mine. for a decicien Updated 631Page Revised: 12/20/2022 Commented [H14]: LDC 4.05.02 K.3.a. and b. state BZA afterreview by PC. Need LDCA to review and make recommendation by planning commission"or HEX". Packet Pg. 369 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G. Planned Unit Developments (PUD) GA Rezoning to a PUD Reference LDC subsection 10.02.13 A— F, LDC Public Notice subsection 10.03.06 Band F.S. § 163.3202. Applicability This procedure applies to a request to rezone to a PUD. Pre -Application A pre -application meeting is required.The pre -application meeting with the planning a. Zoning Division may address, but is not be limited to, the criteria set forth in LDC subsection 10.02.13 B.1. The applicant is encouraged to bring an aerial, proposed product type, and land uses to discuss. Initiation The applicant files an "Application for Public Hearing fora PUD Rezone" with the °tea Zoning Division. G*See Chapter 1 D. for additional information reaardina the procedural steps forinitiatina an application. Application The application must include the following information: Contents 1. Applicant contact information. 2. Addressing checklist. 3. A PUD Master Plan. q See Master Plan Contents below. 4. Name of project. 5. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 6. PigrJog-A•^ Af a i^^ Property Ownership Disclosure Form. 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 date of the option, the date the option terminates, and anticipated closing date. 8. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Addressof subjectsite and general location; • f. Size of property in feet and acres; and • g. PUD district. 9. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • a. Legal description; . b. Property identification number; 641Page Revised: 12/20/2022 Packet Pg. 370 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual . C. Plat book and page number; • d. Section, township and range; and . e. Subdivision, unit, lot and block, or metes and bounds description. 10. Detail of rezone request. 11. A narrative statement describing the rezone request with specific reference to the criteria pursuant to LDC section 10.02.13. 12. List of exhibits which are proposed to be included in the ordinance of adoption. 13. Completed Statement of Utility Provisions. 14. Statement of compliance with all elements of the Growth Management Plan. 15. General location map drawn to scale, illustrating north point and relationship of the site to external facilities such as highways, shopping areas, cultural complexes and the like. 16. Property ownership and general description of site (including statement of unified ownership). 17. Description or narrative of project development, including a description of the relationship of the proposed land uses to each other within the PUD and to land uses abutting/surrounding the project. 18. Boundary survey (no more than 6 months old) and legal description. 19. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption. 20. A dimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resemblesthe development strategy, particularly the type, density, and intensity of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, exceptas otherwise allowed by that code. This table shall be incorporated into the ordinance of adoption. 21. The proposed timing for location of, and sequence of phasing, or incremental development within the PUD. 22. The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD and shall be attached as exhibits to the ordinance of adoption. 23. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) and shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feetwhen available from the county, otherwise, a scale of at least 1 inch equal to 400 feet is acceptable. Information obtained byground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant, and animal species protection plans as required by the LDC section 3.04.00 shall apply. 24. Environmental Data Requirements. c*See LDC&wbsection 3.08.00A. 651Page Revised: 12/20/2022 Packet Pg. 371 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 25. Environmental Data Require mentsfor PUD zoning q See Chapter 7A. of the Administrative Code. 26. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses. 27. The location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD. 28. A plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances. 29. Electronic copy of all documents. 30. Owner/agent affidavit as to the correctness of the application. 31. Historical/Archeological Survey or Waiver. 32. Traffic Impact Study. a See Chapter 7 B. of the Administrative Code. 33. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities. 34. Development commitments for all infrastructure and related matters. 35. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the °Zoning Division Director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 36. Deviations to sections of the LDC other than to dimensional standards related to building placement such as yard requirements, lot area requirements, and building height, shall be identified in the PUD application by citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 37. School Impact Analysis (SIA) application for the School Districts review for a determination of school capacity, if the PUD has a residential component. 38. Affidavit of Authorization. PUD Master Plan Pursuant to LDC s60asection 10.02.13 A, the PUD Master Plan will graphically illustrate the Contents development strategy, using The Community Character Plan for Collier County, Florida (April 2001) as a guide for development and redevelopment. The PUD Master Plan shall be prepared by a p Planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a 1 Landscape aArchitect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil a Engineer licensed by the State of Florida, or a practicing a Architect licensed by the State of Florida. The Master Plan shall include the following: 1. The title of the project and name of the developer. 2. Scale, date, north arrows. 661Page Revised: 12/20/2022 Packet Pg. 372 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems within the site, watercourses, easements, and land uses and zoning districts of abutting property. Include book and page numbers of platted parcels, section lines, and other important physical features within and adjoining the proposed development. 4. Boundaries and dimensions of all proposed tracts or increments with an indication of the proposed land use category, including but not limited to: • a. Residential (for multiple single-family lots, only the overall area reserved for this land use category shall be indicated); • b. Office; • c. Retail; • d. Commercial; • e. Industrial; • f. Institutional; • g. Conservation/preservation; • h. Lakes and/or other water management facilities; • i_ Common open space; • L Buffers, by type — include a cross-section for any buffer that deviates from LDC requirements; • k. Community and/or public use — designate the location and function (e.g., common open space), and whether they are dedicated or reserved; and • I_ Recreational uses including golf courses and related facilities — include provisions for ownership, operation, and maintenance. S. Identify all proposed and permitted land uses, pursuant to LDC section 2.03.06, within each tract or increment describing: • a. For residential P development: e i_ Acreage; a H. Number of dwelling units; a iii. Density; and a iv. Percentage of total development represented by each type of use. b. For commercial, industrial, institutional or office: a I. Percentage of the total development represented by each type of use; e ii. Acreage (each tract or increment); e iii. Maximum gross leasable floor area (each tract or increment); e iv. Outline of the proposed building footprint (each tract or increment); and 671Page Revised: 12/20/2022 Packet Pg. 373 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a v. Building height for each structure (each tractor increment). 6. The relationship of the proposed land uses to each other within the PUD and to the land uses abutting and surrounding the project. 7. The location and size (as appropriate) of all existing drainage, water, sewer, and other utilities. 8. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses. 9. Typical cross sections of all major, collector, and local streets, public or private, within the proposed development. 10. The location of proposed and existing roads, rights -of -way, and pedestrian systems within 1,500 feet of the proposed development. 11. Information on previous and recent uses of land within the proposed development. 12. Proposed vehicular ingress and egress points. 13. Any other relevant information determined to be necessary by the, - a Zoning Division Director. Notice Notification requirements areas follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days beforethe advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days priorto the NIM meeting. 2. Mailed Notice: Written notice shall be sent to propertyowners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; b. Description of the proposed land uses; • C. 2 in. x 3 in. map of the project location; and • d. Name and application number. Revised: 12/20/2022 681Page Packet Pg. 374 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. Sign: (s^ w) Posted at least 15days before the advertised Planning Commission hearing date. Ca See Chanter 8 E. of the Administrative Code for sign template. NBLICHEARINGG REQUESTING PLANNED UNIT (PUD)APPROVAL ER:ient Tear to des a the project) DATE: E: CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERS CHAMBERS, THIRD FLOO , OLLIER COU GOVERNMENTCENTER, 3299TAMI RRAIL NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required,and the Planning Commission. Review Process The RJaawiRg & Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will prepare Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to presentthe 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. Updated 691Page Revised: 12/20/2022 Packet Pg. 375 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G.2. PUD Amendment Reference LDC subsection 10.02.13 E and LDC Public Notice su4section 10.03.06 B. Applicability This processapplies to any requestto amend an approved PUD that cannot be considered an Insubstantial change or Minor change and therefore is a Substantial change as defined in LDC subsection 10.02.13 E. Pre -Application A pre -application meeting is required. Initiation The applicant files an Application €for Public Hearing For: Amendment -Tto PUD (PUDA)" with the PPI@RR^ ;g 9k Zoning Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application shall include a detailed written narrative describing all of the change(s) Contents and the reasons forthe requestand shall follow the Application Contents required for a PUD Rezone. c*See Chapter 3 G.1 of the Administrative Code. In addition, all PUD documents are required to be submitted with the PUDA application. gSee Chapter 3 of the Administrative Code for PUD Requirements. Notice Notification requirements are as follows: h* See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • C. 2 in. x 3 in. map of the project location for the Planning Commission advertisement. 701Page Revised: 12/20/2022 Packet Pg. 376 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. Sign: (see feFinat below) Posted at least 15 days before the advertised Planning Commission hearing date. q See Chapter BE. of the Administrative Code for sign template. NBLICHEARINGG REQUESTING PLANNEDUNIT(PUD)AMENDMENTAPPROVAL ER:ient ear to des a the project) DATE: E: CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS, THIRDFLOO , OLLIER COU GOVERNMENTCENTER, 3299TAMI AAIL E , NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required,and the Planning Commission. Review Process The Planning &Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDCsabsection 10.02.13 B.3, Staff will prepare Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to presentthe 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. Updated 711 Page Revised: 12/20/2022 Packet Pg. 377 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G.3. PUD Insubstantial Change Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 H. Applicability This processapplies to insubstantial changes to a PUD Master Plan which meets the thresholds in LDC subsection 10.02.13 E. Pre -Application A pre -application meeting is required. Initiation The applicant files an application for an "Insubstantial ChangeTto PUD Master Plan (PDI)" with the Planning&. Zoning Division. <*See Chapter 1 D. for additional information regarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. ^'g^'n;yre Afov.mp "'^ ProoertvOwnershio Disclosure Form. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. S. A narrative and detailed description of the amendment and why it is necessary. 6. An analysis of whether the amendment complies with the Growth Management Plan. 7. Whether public hearing was held for the property within the year precedingthe application. If this has occurred, include the applicant's name. 8. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 9. Current and revised Master Plans, along with a reduced copy of each, describingthe proposed changes of the following: • a. Land use; . b. Densities; • c. Infrastructure; • d. Open space, preservation or conservation areas; • e. Area of building square footage proposed for nonresidential development; . f. Change in potential intensity of land use and related automobile trip movements; and . g. Relationships to abutting land uses. 721Page Revised: 12/20/2022 Packet Pg. 378 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 10. Addressing checklist. 11. An 8% in. x 11 in. graphic location map of the site. 12. Pre -application meeting notes. 13. Owner/agent affidavit as to the correctnessof the application. 14. Electronic copies of all documents. 15. Affidavit of Authorization. Notification requirements are as follows. ca see Chapter 8 of the Administrative Code for additional notice information. 1. NIM: A NIM is required, however upon written request by the applicant the Hearing Examiner has the discretion to waive the NIM after the first set of review comments have been issued. If the NIM has not been waived, it shall be completed at least 15 days before the first advertised hearing. The NIM shall be advertised and a mailed written notice shall be given to Propertyowners in the notification area at least 15 days prior to the NIM meeting. -12. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised Hearing aRter hearing. ;B. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the each advertised der hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 44. Sign: (Se Posted at least 15 days before the first advertised ua"^g G""�'^e-rhearing date. q see Chapter 8 E. of the Administrative Code for sign template. 731Page Revised: 12/20/2022 Packet Pg. 379 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual PUBLICHEARING REQUESTING PETIT NUMBER: TO PERMI . (Request-suffi , tlyclear to des e the project) LOCATION: L E: I M E: TACT: ABOV BE HELD AT THE GR TH MENT DIVISION BUILDING,28 ESHOE DR., NAPLES, FL34104OR As O RWISE GNATED. Public Hearing 3-The Hearing Examiner �r Planning Commission hall hold at least 1 advertised public _ Commented [HIS]: Added forconsistency with LDC hearing. p See Chapter 9 of the Administrative Code for the Office of the Hearing 10.03.06 H. Examiner procedures. Decision Maker The Hearing Examiner or Planning Commission. Review Process The o,"Q&—Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 13.3, Staff will prepare Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E, to present to the Decision Maker ncr;,.p Af the Heir,.,,. Examiner fee a deek6nn. Updated 741Page Revised: 12/20/2022 Commented [H16]: LDC 10.03.06.H. requires 1 PC or HEX advertised public hearings. This conflicts with LDC 10.02.13 E.2 whichstates: "An insubstantial change to an approved PUD.....shall require the review and approval of the PC. The PC approval shall be based on the findings and....". Propose resolution subject to CCPC /BCCapproval into change LDC text in future LDC amendment to read "PC or HEX". Packet Pg. 380 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G.4. PUD Minor Change Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 T. Applicability The following are considered minor changes: 1. Educational and ancillary plants. These include PUD master plans that are amended for the sole purpose of adding an educational and/or ancillary plant. 2. Removal of Affordable Housing Contributions. The County Manager or designee may allow minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements. Conditions are identified in LDC subsection 10.02.13 E. varivari 3. Minor Changes during Construction. The County Manager or designee may allow minor changes to the PUD Master Plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. These changes include the following: • a. Internal realignment of rights -of -way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for; b. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas; • c. Relocation of swimming pools, clubhouses, or other recreation facilities that do not affect adjacent propertiesor land uses; and d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans or approval of the EAC where applicable. Pre -application A pre -application meeting is not required. Initiation The applicant files a "Minor Change to a PUD Master Plan or Text (PMC)" application with the Planning Zoning Division. <*See Chapter 1 D. for additional information regarding the Procedural steps for initiating an apolication. Application The application must include the following: Contents 1. Applicant contact information. 2. PigrJeAupp ^FewRP "'^ Property Ownership Disclosure Form. 3. PUD Ordinance and Development Commitmenti-Information. Revised: 12/20/2022 751Page Packet Pg. 381 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. S. The current PUD Master Plan, q See Chapter 3 G.1 of the Administrative Code for requirements and the changes in potential intensity of land use, changes in trips and relationships to abutting land uses. • Include any previously revised Master Plans. 6. A narrative and detailed description of the map change and reason for request. 7. An analysis of whether the amendment complies with the Growth Management Plan. 8. Whether a public hearing was held for the property within the year precedingthe application. If this has occurred, include the applicant's name and number. 9. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 10. For removal of affordable housing commitments, a completed Letterto Property owners as identified in the application. 11. Addressing checklist. 12. An 8% in. x 11 in. graphic location map of the site. 13. Owner/agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. 15. Affidavit of Authorization. Notice Notification requirements are as follows for Removal of Affordable Housing Contributions: q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised der hearing. Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or minor changes to a PUD Master Plan during construction. 2. A hearing before the Hearing Examiner or BCC may be required to remove affordable housing contributions, pursuant to LDC subsection 10.02.13.E. C*See Chapter 9 of the Administrative Code for the Office of the Hearina Examiner procedures. Decision Maker The County Manager or designee, or for the removal of affordable housing contributions the Hearing Examiner or BCC. 761Page Revised: 12/20/2022 Packet Pg. 382 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Review Process Minor changes are reviewed by the °PlanRi g 9, Zoning Division staff and may be approved by the County Manager or designee. If a public hearing is required to remove Affordable Housing Contributions, Staff will prepare a Staff Report or Executive Summary ARd cta4..4II •Gti^a6il^ a he@Fm Rg .fate I...F..... the W^^•'^^ gxami^^• • °f''' to present to the Decision Maker the petitieR s^. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Updated 771Page Revised: 12/20/2022 Packet Pg. 383 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 781Page Revised: 12/20/2022 Packet Pg. 384 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual =.0 — MN .. W. ... 11 - NGtiE@ N..ti Firnti.9.9 . F..11.. ws `}'See 04...9 ter O 69E t4., A.d.9. �.. ��t...t��..9 l.9.d.9 E.9. i, AI.....S..a P-.d F A...9.t:S..w..9..t S. The legal a dye F%is.9.. ent shall be published at Ipagt 'I C .days be fore the advertised Clearing Examiner hearing in a newspaper ..f ..o..o.;il 791Page Revised: 12/20/2022 Packet Pg. 385 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual CHEARING REQUESTING R: TO (R PERMIT: (Request-Sufficieto descr' the project) LOCATION: n y clear DATE: i CONTACT: THE ABOVE T E HELD AT THE GROW MA NTDIVISIONBUILDING, 2$00 HOR HOE DR., NAPLES, FL 34104 OR A5 OTHN14< LIPSIGNATED. Publicearin 1, TL.e i i shall 4.el.l At le Aet 'I public C,4Gpte. o e 4g@ ndq 4n4t...9y@ C-94.. f...t4.e QgiG. eft4.e Fes Du . Dv PA;Apriaig e.le.l Staff ..,ill prepare a Staff De ne.t t.... the OffiGP of t4.e Hearing Examiner for a derision 801Page Revised: 12/20/2022 Packet Pg. 386 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual H. Rezoning - Standard Reference LDC section 10.02.08, LDC Public Notice subsections 10.03.06 B and J, and F.S. § 125.66. Applicability This procedure appliesto any ordinances or resolutions that change the zoning map designation of a parcel or parcels of land. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Standard Rezone Application" with the °, 'R.,^ ;six Zoning Division. CpSee Chapter 1 D. for additional information regarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property Ownership Disclosure form. 3. The date the subject property was acquired or leased, including the term of any lease. If the applicant has an option to buy, indicate date the option terminates, or anticipated closing date. 4. Property information, including: • a. Legal description; . b. Property identification number; • c. Plat book and page number; . d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; . f. Address of subject site and general location; and • g. Size of property in feet and acres. 5. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: . a. Legal description; • b. Property identification number; . C. Plat book and page number; • d. Section, township and range; and • e. Subdivision, unit, lot and block, or metes and bounds description. 6. Zoning information, including: • a. Zoning and Land Use of adjacent properties; • b. The existing and requested zoning classifications; and . c. The present and proposed uses of the property. 811 Page Revised: 12/20/2022 Packet Pg. 387 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 7. A narrative statement describing the rezone request with specific reference to the criteria in LDC section 10.02.08. 8. Whether any applications or official interpretations underthe Administrative Code were filed for the subject property within the year precedingthe application, including the nature of any public hearing relating to that application. 9. If the rezone is requested for a specific use, a 24 in. x 36 in. conceptual site plan (with a reduced 8%in. x 11 in. copy)drawn to a maximum scale of 1 inch equals 400feet, depicting: a. Existing and proposed structures and their dimensions; • b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); c. Existing and/or proposed parking and loading areas (including a matrix indicating required and provided parking and loading, and required parking for the disabled); • d. Required yards, open space and preserve areas; e. Proposed and/or existing location of utility servicesto the site; and • f. Proposed and/or existing landscaping and buffering that may be required by the County. 10. An architectural rendering of any proposed structures. 11. Environmental Data Requirements. Ca See LDCsubsection 3.08.00A. 12. Statement of utility provisions. 13. Traffic Impact Study G*See Chapter 7A. of the Administrative Code. 14. Historical/Archeological Survey or Waiver. 15. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 16. Signed and sealed survey by a licensed professional surveyor and mapper. 17. Addressing checklist. 18. A Gopy of theyPre-application meeting notes. 19. Owner/agent affidavit as to the correctness of the application. 20. Electronic copies of all documents. 21. Affidavit of Authorization. Completenessss and The Planning & Zoning Division will r .the pliGation for Gampleteness.ss After AppliGationappliraRt ..,ill FeGP VP a Ma i l...,l a ..I..Gtr....iG FeSPORSe ..tif.,iRg the pliraRt that th.. . d the t Gki..e .. ...her (i.e., .. .. XX29 299999) a ed ♦ the T S tracking number should he ntpd n all future ndenGe regardingthe petition. 821Page Revised: 12/20/2022 Packet Pg. 388 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Notice- Notification requirements areas follows. G See Chapter 8 of the Administrative Code for For parGels less additional notice information. than--10 "n"g'o' acres 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification Area at least 15 days before the advertised Planning Commission hearing. Notice -- requi d above, On addition -4*- S^^ ChOpter •L� . l-2R 19 Gentiguous aeFes 4,1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; b. Description of the proposed land uses; • C. 2 in. x 3 in. map of the project location; • d. PUD name and ordinance number; • e. Description of rezone; and • f. Description of location. 2-4. Sign: (see feFinat below) Posted at least 15 days before the advertised Planning Commission hearing date. Ca See Chapter 8 E. of the Administrative Code for sign template. �BLICHEARINGREQUESTINGREZONE APPROVAL r(Request-S EUMBER: O ALLOW: ufficie clear to descri he project) OCATION: DATE: E: CONTACT: VNAPLEVS, IN THE BOAR F COUNTY MBERS,THIRD FLO COLLIER T CENTER,3299TAMIA TRAIL , 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 831Page Revised: 12/20/2022 Packet Pg. 389 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 3. The BCC or BZA shall hold at least 1 advertised public hearing for parceIsthat are less than 10 contiguous acres. The BCC or BZA shall hold 2 advertised public hearings for parcels that are greate rthan 10 contiguous acres. 4. For a Collier County initiated rezoning: • a. At least one hearing is held after 5 p.m. on a weekday, unless the BCC, by a majority plus one vote, elects to conductthat hearing at another time of day. • b. The first public hearing is held at least 7 days after the day that the first advertisement is published. • c. The second hearing shall be held at least 10 days after the first hearing and is advertised at least 5 days before the public hearing. Decision Maker The BCC or BZA. following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning a. Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary to oresentto the Decision Maker. @Rd 9,.hQd1-1IP a h,..,.,Rg GI@t, h..fWethe W.,.., iRg COFAPRiSS GRIaFeseRt . the PetkiGR. The DIaRRi.... M@Y aPPFE)venth Updated 841Page Revised: 12/20/2022 Packet Pg. 390 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual I. Sign Variance Reference LDC sections 5.06.08, 9.04.02, 8.10.00, and LDC Public Notice subsection 10.03.06 F. Applicability This processapplies to requestto vary from the required dimensional standards fora sign. <*See Chapter 3 J. of the Administrative Code for a standard Variance. Initiation The applicant files a "Sign Variance Petition" with the PI@R;iR9 & Zoning Division. C>See Chapter 1 D. for additional information regarding the Procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copies of all documents. 4. Property information, including: • a. Legal description; b. Length and height of wall upon which the sign will be secured, if a wall sign; and • c. Width of the subject property measured by the road frontage. S. Survey or Site Plan of property depicting the following: a. All property boundaries and dimensions; • b. North arrow, date and scale of drawing; c. All existing and proposed signs (labeled as such); • d. Existing and proposed sign setbacks; and • e. Location map depicting major streets in area for reference. 6. A detailed explanation of the variance request, including: a. Existing signs and what is proposed; • b. The amount of variance proposed using numbers (i.e. reduce setback from 15 ft. to 10 ft.); c. If existing, explanation of how existing encroachment came to be; and • d. Additional factors that address the criteria for a sign variance. 7. A narrative and justification that the proposed sign variance meets the criteria identified in LDC subsection 5.06.08 B. 8. Notarized owner/agent affidavit as to the correctness of the application. 9. An 8 Y2 in. x 11 in. graphic location map of the site. Revised: 12/20/2022 851Page Packet Pg. 391 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 10. A copy of the Pre -application meeting notes. 11. Agent Letter review. Following the initial staff review comments and prior to the resubmittal. the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: GRGe the first set of reAAeposted, the following m2:'pd notice .IOVAI ..ORN �14RII h.. 9111...itte d t the a Pd Dl.......... • a. A list of the names and addresses of property owners to receive the Agent Letter mailed notice; and • b. A r)-draft of the Agent Letter mail ,,,�,. I tt 12. Property Ownership Disclosure Form. 13. Affidavit of Authorization. Notice Notification requirements areas follows. Ca See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feetof the subject property following the initial staff review comments and priorto the resubmittal. See Application Contents for reviewand aooroval of letter materials. -12. Mailed Notice: Written notice shall be sentto property owners` ithi �cnF t Fth 61bje .t @Fea t least 315 days befo Fe the a dvpFtgp d HeaFRg lixa .iReF heaFi..,. in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the P4apai=P ar^.d-Zoning Division. 13. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the each advertised der hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. -34. Sign: (se format below) Posted at least 15 days before the first advertised Hearing F am..,i^=• hearing date. Ca See Chapter 8 E. of the Administrative Code for sign template. 861Page Revised: 12/20/2022 Packet Pg. 392 10.A.e Text underlined is new text to bead ded Collier County Land Chopter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual BLIC HEARING REQUESTING [(Requost-Sufficie TITIO UMBER: PERMIT: clear todescri the project( CATION: DATE: E: CONTACT: --- -- LTHE ABOVE T E HELD AT THE GRO NAG NT DIVISIONBUILDING,2800 HOE DR., NAPLES, FL 34104 OR AS OTH ISE IG NATED. Public Hearing 4.The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. glee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Planning a. Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary, utilizing the criteria established in LDC su4section 5.06.08 B.1., to present to the Decision Maker Offirp Updated 871Page Revised: 12/20/2022 Packet Pg. 393 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual J. Variance Reference LDC sections 9.04.00, 8.10.00, and LDC Public Notice su4section 10.03.06 F. Applicability An applicant may seek a variance from dimension standards if the LDC creates an unreasonable hardship, as defined in LDC section 9.04.00. <*See Chapter 3 1. of the Administrative Code for a Sign Variance. Initiation The applicant files a "Variance Petition Application" with the PlaaRiug & Zoning Division. gSee Chanter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. Property information, including: . a. Legal description; • b. Property identification number; . C. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; . e. Acreage;and • f. Address of subject site and general location. S. Zoning Information, including: . a. Zoning and land use of adjacent properties; and • b. Minimum yard requirements for subject property. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. A detailed explanation of the request including: • a. Existing and proposed structures; . b. The amount of encroachment proposed; • c. Survey of property showing the encroachment (measured in feet); • d. Date of purchase by property owner; • e. The date the existing principal structure was built (include building permit numbers if possible); • f. Explanation of why encroachment is necessary; . g. How existing encroachment came to be, if applicable; 881Page Revised: 12/20/2022 Packet Pg. 394 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 8. Project narrative providing a detailed description/explanation of the variance, why it is requested, and the relevant criteria in LDC section 9.04.03. 9. An Official Interpretation or Zoning Verification Letter, if applicable. 10. ^ ^ay ^F the Pre -application meeting notes. 11. A Conceptual Site Plan (24 in. x 36 in.) and one 8 % in. x 11 in. copy. 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership. 13. An 8 Y2 in. x 11 in. graphic location map of the site. 14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. = 200ft.), showing FLUCCS Codes, legend, and project boundary. 15. Historical Surveyor waiver, if applicable. 16. Environmental Data Requirements. gSee LDCsahsection 3.08.00A. 17. Owner/agent affidavit as to the correctness of the application. 18. Agent Letter review. Following the initial staff reviewcomments and prior to the resubmittal. the following Aeent Letter materials shall be submitted to the assigned Planner for reviewand approval: n..rP the AF;t .pt of... pi.A, remMeRu aFe pasted, • a. A list of the names and addresses of property owners to receive the Agent Letter mailed Rotice; and • b. A 8-draft of the Agent Letter 19. Property Ownership Disclosure Form. 20. Affidavit of Authorization. Notice Notification requirements areas follows.,!* See Chapter 8 of the Administrative Code for additional notice information. L. Agent Letter: An Agent Letter shall be sent to Property owners within 150 feetof the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 4.2. Mailed Notice: Written notice shaII be sent to property owners wit"i^ '.. � � I W fQ -fQet..F %he sulaj .Gt @Fea t leas% 315 days L.efeFe the a..-PAised We@FiRg lmxa .iReF hea FiRg in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Division. 891Page Revised: 12/20/2022 Packet Pg. 395 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 23. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the each advertised der hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; • b. Description of the requested variance; and • c. 2 in. x 3 in. map of the project location. 44. Sign: (see feFinat b l9w) Posted at least 15 days before the advertised Hearing Examiner hearing date. q See Chapter 8 E. of the Administrative Code for sign template. BLIC HEARING REQUESTING PETITIO UMBER: TO PERMIT: (Request-Sufficie clear to descri the project) LOCATION: DATE: E: CONTACT: THE ABOVE T E HELD AT THE GROWN MANAGE NTDIVISIONBUILDING,280014, HOR HOE DR., NAPLES, FL34104 OR AS OTH ISE IGNATED. Public Hearing .The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The °. 'a^RqRg 9, Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary, utilizing criteria established in LDC section 9.04.03, to present to the Decision Maker nrr,Gg Anti^ up -,ring Examiner for ^ dpri, inn Updated 901Page Revised: 12/20/2022 Packet Pg. 396 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual K. Compatibility Design Review Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06 Y. q 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 processapplies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Areathat 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. Meebiag Initiation The applicant files an "Application for Compatibility Design Review" with the Zoning Division after the "Intent to Convert" application is deemed complete by County staff and the Stakeholder Outreach Meetings (SOMs) are completed. <*See Chapter 4 of the Administrative Code for information regarding the "Intent to Convert' application and Chapter 8 of the Administrative Code for requirements for SOMs and additional notice information. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. 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. S. The name and mailing address of all registered propertyowners' associations that could be affected by the application. 6. "'9^'99 1•^ 4 ^•V^^•ShiP ,^ "^ ^F^ * ^^ Property Ownership Disclosure Form. 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: 911 Page Revised: 12/20/2022 Packet Pg. 397 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual . a. Legal description; • b. Property identification number; . c. Section, township, and range; • d. Address of the subject site and general location; • e. Size of property in feet and acres; • f. Zoning district; • g. Plat book and page number; and • h. 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: • a. Legal description; • b. Property identification number; • c. Section, township and range; and • d. 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 AAA 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. A list of examples depicting how each criterion is met; • b. A brief narrative describing how the examples meet the criterion; and • c. Illustration of the examples on the conceptual development plan that are described above. 15. Affidavit of Authorization. Completeness aA d The 7aning Division will review the a eliratiee for r plete..e« After e--hmk4ie., of the elete.d elieetiee PaGket e.d With the peal Fee the . ppliraRt ...ill -.ile.J .. eleetranieresponse notifying the a pliant that the petitions being PFOGesse.d AGGew...aRyiRg that Fespense ..ill he a et Fe. the payment and the traGking number (i.e., vvv701700000i assigned t the e This a .. Gkie .nb,-F ghoul.d he a te.d a all 4-4-.e e.dee..e . aF die..the petitiqRr Notice Notification requirements are as follows. C*See Chapter S of the Administrative Code for additional notice information. 921Page Revised: 12/20/2022 Packet Pg. 398 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 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 a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice require ment,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. 3. Sign: Posted at least 15 days before the advertised public hearing date. <* See Chapter 8 E. of the Administrative Code for sian template. 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. Updated 2021-143 931Page Revised: 12/20/2022 Packet Pg. 399 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual �.. Comparable Use Determination Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. Applicability A Comparable Use Determination saay shall be used to make A dete.mipatinn that determine if a new use is comparable, compatible, and consistent with the list of identified permitted uses' in a PUD ordinance if such PUD contains the phrase, "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase in its list of permitted uses. See Chapter 3.C.4 for additional information regarding the Conditional Use -Comparable Use Determination. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Comparable Use Determination Application" with the Zoning Division. <*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: . a. Site folio number; • b. Site Address; . C. Property owner's name; and • d. Verification being requested. 3. A narrative statement that describesthe determination request, the justification for the use by a certified land use planner or a land use attorney and addresses the standards within LDC section 10.02.06 K.2. 4. Additional materials may be requested by staff dependingon the use and justification provided. S. PUDOrdinance and Development Commitment i-Information, ifapplicable. 6. Electronic copies of all documents. 7. Addressing checklist. 8. Affidavit of Authorization. 9. PropertvOwnership Disclosure Form. Completeness and Th.. 7enin,. Di..iSinn ..,ill Fe.,ie.., the aPPIiGa%i.... Fn...mmPleten..« AR... 911migginn Processing nF of the G nlet...d a nlinatien n@GL..t @GG..w.n@nierd With th I qn..l F.... .. AppliGation applicant will .-,ile.J .. Pkar#ORir Fespense atifying the a pliGant the P@titiGn is hei..n pFo Gesse.J AGeempanyinn that FeSPORS@ .,ill he a FeGeiptfa* the payment and the t GLin,. n mhe. (i a YVUI 20 2fillr 90) assigned to the 941Page Revised: 12/20/2022 Commented [H17]: This section's text will become existing text and subject to the final form approved by the BCC in Jan.2023. Packet Pg. 400 10.A.e Text underlined is new text to bead ded Collier County Land Chapter3 / Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Notice Notification requirements areas follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: • a. Date, time, and location of the hearing; b. Application number and project name; • c. PUD name and ordinance number; d. Proposed permitted use; and • e. Description of location. Public Hearing I —The Hearing Examiner orthe CCPC shall hold at least 1 advertised public hearing. If heard by CCPC. the BZA will hold 1 advertised public hearing. CgSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or the CGPC BZA. If the PUD ordinance language identifies the CCPC or the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, a Staff Report will be presented to the Hearing Examiner or the GCPC Decision Maker for approval of the Comparable Use Determination. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to presentto the 04i ^ a the Hearing Examiner or44e CCPC and BZA FF a �'�^�,^' '^^ Updated Resolution'WG 2022023-## 951Page Revised: 12/20/2022 Packet Pg. 401 10.A.e Text underlined is new text to bead ded Chapter 4. Administrative Procedures The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is appealed. 961 Page Revised: 12/20/2022 Packet Pg. 402 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures A. Architectural Plans Reference LDC sections 5.05.08 and 10.02.03. Applicability Architectural review is required for buildings, structures, and projects as described in LDC subsection 5.05.08 B. G See Chapter 6 F. of the Administrative Code to request an Alternative Architectural Design. Pre -Application A pre -application meeting may be required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Initiation The applicant submits architectural plans to the Development Review Division in conjunction with the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Application The application rny4t OnGludp the F^ ^^: Submittal Credentials: Pursuant to LDC Contents section 5.05.08, architectural drawings shall be signed and sealed by a licensed architect registered in the State of Florida. The architectural drawings must include the following, as applicable: 1. Scaled elevations for all sides of the building at a minimum of 1/8 in. scale. 2. Floor plans of each proposed building with dimensions. 3. If rooftop -mounted equipment is proposed, a roof plan showing eauipment screens or parapets . 4. Renderings to show materials, color scheme and/or paint chips, and roof color samples, in particular for elevations with multiple colors and/or for colors restricted by the LDC. S. For projects subject to LDC srbsection 5.05.086D.3 Facade/wall height transition elements must include site sections showing the relationship to adjacent structures. 6. A scaled wall section from top of roof to grade. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Architectural Plans will be reviewed by the Development Review Division as part of the Site Development Plan, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application. Updated 971Page Revised: 12/20/2022 Packet Pg. 403 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures B. Coastal Construction Setback Line Permit Reference LDC subsection 10.02.06 G. Applicability This procedure applies to the following activities seaward of the Coastal Construction Setback Line (CCSL), unless exempt by LDC section 10.02.06 GA: 1. Construction of dune walkovers. 2. Creation, restoration, re -vegetation or repair ofthe dune or other natural area seaward of the CCSL on an individual parcel of land. Z AGti.,iti..9 thAt t .iI., @IteF 9 Ad 19h hPAGi. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Coastal Construction Setback Line Permit Application" with the Development Review Division. gSee Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: . a. Legal description; • b. Address of subject property; . C. Proposed activity; and • d. Proposed dates to start and end work. 3. Addressing checklist. 4. An aerial photograph with the property clearly delineated and the proposed areas for site improvements. S. Site Plan, depicting the following: • a. General location of lot; . b. All lot dimensions; • c. The established Coastal Construction Control Line as established by law (19-7489), if applicable; . d. The established Coastal Construction Setback Line as established by law (1975): • e. Location of area of the proposed work; . f. Location of the landward and seaward edges of the dune (vegetation line) and a rough profile of the existing dune; . g. Approximate locations of existing structures on adjacent lots; and 981Page Revised: 12/20/2022 Packet Pg. 404 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures h. Vegetation inventory of the area of proposed work. 6. Affidavit of Authorization. 7 6. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. Permits may include, but shall not be limited to: a. Florida Department of Environmental Protection (FDEP) permits; and • b. Vehicle on the Beach permit. This permit shall be obtained if it is necessary to use a vehicle on the beach for completion of the project. The permit shall be obtained, and the work shall be completed prior to Sea Turtle Nesting Season (May 15tthrough October 3111) Procemoo ... ssing plated nliGation packet • be ed with the required fee. The tracking o. Application number fie vv201200000) will he assigned t the petition. This petition Gking tuber ghnuld ben red n III futur,- correspandence regardinnthe petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Nat-AFal 4,9uF e.. Pen..kmen« Development Review Division will approve, approve with conditions, or deny a Coastal Construction Setback Line permit based on criteria in LDC s60asection 10.02.06 G. Updated 991Page Revised: 12/20/2022 Packet Pg. 405 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C. Certificate of Public Facility Adequacy (COA) CA COA for Roadways Reference LDC section 10.02.07 and Code of Laws and Ordinances section74-302(h). Applicability 1. A certificate of public facility adequacy (COA) is required for any development that generates additional impacts or demands on public facilities. A COA ensuresthat adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 2. An application for a COA shall only be submitted as part of an application for one of the following development orders: . a. A final subdivision plat and amendments thereof; • b. A final approved site development plan or site improvement plan and amendments thereof; • L. A building permit or mobile home tie -down permit issued by the County; or . d. As providedfor in an enforceable development agreementwith Collier County pursuant to the provisions of F.S. § 163.3220 - 163.3242 or another agreement acceptable to the BCC, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. 3. The following are exempt from concurrency review <*See LDC section 10.02.07for further information: • a. Certain development of regional impact (DRI) ordersthat were approved prior to January 10, 1989; q See LDC&ubsection 10.02.078 for exemptions to this provision. • b. Construction of public facilities that are consistent with the Collier County Growth Management Plan; • c. Temporary construction and development permits; • d. Replacement, reconstruction, and repair of existing development; • e. Temporary use permits, not to exceed 1 year; and • f. Development that is subject to a vested rights determination. Pre -application A pre -application meeting may be required as a component of the submittal of the Construction Plans and Final Subdivision Plat and amendments thereof, Site Development Plan, Site Development Plan Amendment, and Site Improvement Plan, as applicable. Initiation The applicant files a "Collier County Certificate of Public Facility Adequacy Application" with the requested development order application with the Capital Project Planning, Impact Fees and Program Management Division or the Building Plan Review and Inspection Division ant. 100 1 Page Revised: 12/20/2022 Packet Pg. 406 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C*See Chanter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Reason forapplication, i.e. what type of development order. 3. Type of development. 4. Property information, including: • a. Legal description; . b. Property identification number; • c. Section, township and range; and . d. Subdivision, unit, lot/parcel and block, or metes and bounds description. S. Development information, including whether there are previous structures on the property. 6. Estimated Transportation Impact Fee calculations. an d nd I. pact Fee Admin i stratie.. _ ..,ill r ,the a .. p"Gatian fr G pleteness The G pleted rv^a' o Processing of nliGation packet must he aGGa mpanied with the . rl efee The t aCLino n rnher rro�s used for the requested development nrdp ..ill he inrl-ded an the a nliGation (i.e., XX201200/ 09) This petition -,long n mher shpuld hen test n All future r.sler.se n @Fdiegthe .. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager ordesignee. Review Process !FnpaGt Pee A dFn* %stFatieR The Capital Project Planning, Impact Fees, and Program Management Division will review the application, identify whether additional materials are needed, and verify the calculations of fees in accordance with LDC su4section 10.02.07 C and Code of Laws and Ordinances section 74-201. 1 year. Traffic 1. Pursuant to LDC&6�bsection 10.02.07 CA, the Engineering cervices Department Capacity Capital ProiectPlanning, Impact Fees. and Program Management Division shall Reservation and review the Traffic Impact Study (TIS) for concurrency. The lingineeFing SeFyiGe Estimated Impact PepaptmeRt Capital ProiectPlanning, Impact Fees. and Program Management Fee Payment Division shall set aside and allocate a 1-year Traffic Capacity Reservation from the date of TIS approval by Staff for all or part of the proposed development. 2. Within 1 year of TIS approval the applicant must receive approval of the requested development order and shall pay the applicable roadway impact fees to obtain the COA. 3. If the requested development order is not approved within 1 year of the TIS approval date, the applicant may petition the BCC to extend the Traffic Capacity Reservation for 1 year. 1011 Page Revised: 12/20/2022 Packet Pg. 407 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Failure to Pay If the requested development order is approved and the applicant fails to pay the road Estimated Impact impact fees as required by Code of Laws and Ordinances section 74-302 within the 1- Fees year Traffic Capacity Reservation period,the 1-year Traffic Capacity Reservation shall be invalid and the applicant shall re -apply for a COA. Final Impact Fee Atthe time of building permit application, the road impact fees will be calculated based Payment on the intensity of development permitted for construction and the road impact fee schedule in effect at the time of the building permit(s) application submittal. The applicant shall pay any additional road impact fees that are due over the estimate, prior to the issuance of the building permit(s). Appeal Appeal of a COA shall be pursuant to Code of Laws and Ordinances section 250-58. Updated 102 1 Page Revised: 12/20/2022 Packet Pg. 408 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C.2. COA for Non -Roadway public facilities Reference LDC section 10.02.07 E. and Code of Laws and Ordinances section 74-302. Applicability Certificates of public facility adequacy for non -roadway "Category A" capital improvements shall be issued simultaneously with the issuance of the building permit. 103 1 Page Revised: 12/20/2022 Packet Pg. 409 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures D. Early Work Authorization (EWA) Reference LDCsubsection 10.01.02 B. Applicability This procedure applies to a request for an Early Work Authorization (EWA). The Engineering ServiGes Departmen Development Review Division may approve an EWA permit for one or more of the following activities: . a. Vegetation removal (site clearing); • b. Excavations; . C. Site filling; • d. Construction of stormwater management facilities limited to ponds, lakes, retention/detention areas, interconnection culverts, and swale syste ms; . e. Off -site infrastructure; and • f. Construction of a perimeter landscape buffer, berm, wall, orfence. Pre -application A pre -application meeting is not required. Initiation The applicant files an Application €for Early Work Authorization (EWA)" with the Development Review Division. gSee Chanter 1 D. for additional information regarding the Procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Cover letter describing the scope of work proposed underthe EWA 23. Original SDP/PPL AR/PL number. 44. Right-of-way permit number. 45. Plan Cover Sheet. 56. Excavation Plan. 67. Clearing Plan. M. Erosion Control Plan. 99. Fill Plan. 910.A vegetation bond in the form of a performance bond, letter of credit, or cash bond in the amount of $2,000 per acre shall be posted for stabilization with vegetation in accordance with LDC subsection 4.06.04 A.3. 114.Copies of the following if available and applicable: • a. DEP Permit; • b. USACE Permit; and 104 1 Page Revised: 12/20/2022 Packet Pg. 410 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • C. SFWMD Environmental Resource Permit (ERP). 12-I.Owner/agent affidavit as to the correctness of the application. 132-.Letterof Authorization, if required. 144.Addressing checklist. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The 9Rg R@eF Rg 9@r • G@s Pep@Aw@Rt Development Review Division will reviewthe application and identify whether additional materials are needed. Staff will prep@Fea leaeF of eval eF denial reviewthe request based on the criteria identified in LDC subsection 10.01.02 B. Pre -Construction A pre -construction meeting shall be scheduled with the ERgiReeriRg Service-, Meeting PepaAM@Rt Development Review Division prior to the commencement of work. All C..deFa1 State Rd IaGal peFFnits shall be submitted pFieF ...J h.. F..... i meeting. G*See Chapter 1 D.9 for additional information regarding the pre -construction meeting reauiremen ts. Updated 105 1 Page Revised: 12/20/2022 Packet Pg. 411 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures E. Vegetation Removal Applications EA Agricultural Land Clearing Permit Reference LDC s69asection 10.02.06.0 and F.S. § 163.3162(4) or 823.14(6). Applicability This procedure applies to any request to receive an Agricultural Land Clearing permit which is required for agricultural operations that fall outside the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. § 823.14(6). C*See Chapter 4 E.2 of the Administrative Code for the Agricultural Land Clearing Notice. Exemptions for an Agricultural Clearing permit are identified in LDC s69asection 10.02.06 C.1.d. Pre -Application A pre -application meeting is not required. Initiation The applicant files an Agricultural Clearing Permit Application" with the Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Acreage; • c. Proposed acreage to be cleared; and . d. Street address of subject property. 3. Zoning information, including: . a. Zoning district, including zoning overlays; and • b. Proposed agricultural use. 4. A copy of the last recorded deed, contract for sale or agreement for sale, or notarized statement of ownership clearly. 5. Special Treatment (ST) permit information if one has been previously granted. 6. Pursuant to LDC s6�bsection 10.02.06 C: . a. Silviculture operation information and management plan, prepared by a forester or resource manager, if applicable; • b. Generalized vegetation inventory and clearing plan; 106 1 Page Revised: 12/20/2022 Packet Pg. 412 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • c. Data on wetland impacts and protected wildlife species habitat subject to the GMP, Conservation and Coastal Management Element, and the LDC, if applicable; and . d. Signed agreements. 7. An aerial photograph or Site Plan that includes general vegetation inventory identifying the acreages of existing native vegetation on site and proposed clearing plan. 8. Affidavit of Authorization. -7 9. Priorto the clearing of the land, the following state and federal permits shall be submitted, if applicable: . a. SFWMD consumptive use permit or exemption (for the withdrawal of water); • b. SFWMD surface water management permit or exemption (for control of surface water, i.e. dikes and ditches); and . C. US Army Corps of Engineers permit (for wetland impacts). Proro«ing o The Gempleted p! Gation n@GLot must beaGGE)mpaned with the F ed fee Th.. ApplicationtFaGkiRg A ...h..F ( e XX291299990) Will be @ @d t the PeFMFt.This PeF Petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The ^IA41F..I o.............. r,,......«...en Development Review Division will approve, approve with conditions, or deny the agricultural clearing permit in writing based on criteria in LDC subsection 10.02.06C. Updated 107 1 Page Revised: 12/20/2022 Packet Pg. 413 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures E.2. Agricultural Clearing Notice Reference LDC sd4section 10.02.06 C and F.S. § 163.3162(4)or823.14(6), Applicability This procedure appIiesto a request to receive an Agricultural Clearing Notice which is required for agricultural operations that fall within the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. § 823.14(6). Pre -Application A pre -application meeting is not required. Initiation The applicant files an Application foran Agricultural Clearing Notification" with the Development Review Division. Pursuant to sections F.S. § 163.3162(4) or 823.14(6), the property owner shall file the application no later than 60 days prior to the removal of vegetation. C*See Chapter 1 D. for additional information regarding the procedural steps for initiatina an application. Application The application must include the following: ContentsfeF a 1. Applicant contact information. Land clearing notice 2. Property information, including: • a. Legal description; • b. Street address of subject property; • L. Current property acreage; • d. Proposed acreage to be cleared; • 2. Acreage of existing native vegetation on site; and • f. Date of clearing to begin and expected date of clearing completion. 3. Zoning information, including: • a. Zoning district, including zoning overlays; • b. Proposed agricultural use; and • c. Basis of property exemption from local regulation pursuant to Agricultural Lands and Practices Act section 163.3162(4) F.S. and the Right to Farm Act section 823.14(6) F.S. A The date A %AAFGh Iand rleaFiRg will I.egOF. C The .Date n ♦ hiGh land Clearing it expeGted to he r nlete.J 64. An aerial photograph or site plan that includesa general vegetation inventory identifying the acreage of existing native vegetation on site and proposed clearing plan. -7 S. Proof that the property is classified as agricultural by property appraiser, i.e. Agricultural Exemption. 8 6. Description and evidence of bona fide agricultural operations. 108 1 Page Revised: 12/20/2022 Packet Pg. 414 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 9 7. List Best Management Practices, interim measure or regulations governing the agricultural operation. 108.Signed agreements, pursuant to LDC &u4section 10.02.06 C.2. 9. Affidavit of Authorization. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The WA-IFRlD..9..,4.G..SDe..aa.......tWill @.............d.....,ahe@gF*G61lt6lFal.l..a4pg .. based OR C f f. 169 ]162(A)...F 929 14(6) Whe.@ the a IAI Fal clearing permits denied,the lettershall 4the . ..(S) for denial The Development Review Division will review the Agricultural Clearing Notice application in accordance with F.S. 4 163.3162(4) or 4 823.14(6) and provide correspondence to the applicant acknowledging the Agricultural Clearing Notice. Updated 109 1 Page Revised: 12/20/2022 Packet Pg. 415 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures E.3. Cultivated Tree Removal Permit Reference LDCs64section 10.02.061. Applicability The Cultivated Tree Removal Permit applies to the removal or relocation of any tree or palm installed for landscaping and which is not a part of a preserve. The provisions of this section are applicable to all development exceptfor single- family and two-family home sites. However, such single-family and two-family home sites shall maintain the minimum number of trees required by the landscape code, identified in LDC section 4.06.05. Initiation The applicant files a "LG^a«^^e T.eo oo.,,,.,.,.i or Culgn'Gted L,,,,dSC e9 Cultivated Tree Removal Permit" application with the Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including a. Detailed description of property location; and • b. Address of subject property. 4. Reason for proposed tree removal and a brief description of trees to be removed. S. Photographs of specific tree related problems or damage, if applicable. 6. Any professional recommendation of an arborist, urban forester, or landscape architect, if available. 7. Endangered Wildlife Habitat information. 8. Types of treesto be used for replacement. 9. Proof of ownership such as a warranty deed or tax statement. 10. A site plan depicting the following: • a. Location and type of proposed treesto be removed; • b. Location of proposed replacement or relocated trees, buildings, paved areas, structures and utilities and type of trees proposed for replacement; • c. The Development Review Division may require the site plans be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees; and 110 1 Page Revised: 12/20/2022 Packet Pg. 416 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • d. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Development Review Division may require that a tree survey of the site be prepared and submitted to the Development Review Division for review. 11. The name, phone number, and mailing address of all registered Home Owners Association's that could be affected by the application. 12. Separate letters stating the following, if applicable: a. The removal of the tree(s) in question is approved by the HOA; and • b. If the application is submitted by an agent, a letter from the homeowner/property owner stating the removal of the tree is approved. 13. Affidavit of Authorization. Completenessand T4;2 DI..... iRg 9. ZeRiRg DivigioR ...ill r th.... p"Gati.... F..r G plet..Ress After - Processing a -1h...i9gi9.. Of the G pleted -. ..liGatieR .. Glket.. ed with the r ...I applicant that the petition is herog n ed AGGampaRyinn that F@SPQnSe ..ill be ..t fop the paymeRt Ad the t aGkiRg r. ...h..r (i a XX29 299999) @Sri..Red t.. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The County Manager ordesignee will reviewand approve, approvewith conditions, or denythe application based on criteria outlined in LDC suhsection 10.02.061. Updated 1111 Page Revised: 12/20/2022 Packet Pg. 417 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures EA Vegetation Removal Permit Reference LDC section 3.05.00. Applicability This process appIies to the following activities, or a request to remove protected vegetation, as defined in tha- LDC section 3.05.04other than that planted for landscaping.: 1. The removal of exotic vegetation by mechanical means: 2. To clear additional acreage on a single-family residential lot for permitted accessory uses beyond the one acre of clearingallowed by the building permit for the house: or 3. To clear native vegetation in order to construct a perimeter fence. c->See LDC section 3.05.98 02 for exemptions. C*See Chapter 4 E.5 of the Administrative Code for Vegetation Removal and Site Filling Initiation The applicant files a "Vegetation Removal Permit' application with the Natura4 ReseurGes Depart. an Development Review Division. CgSee Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Legal description; • b. Detailed location and description of property; ni.er'tinng tn gubjeGt • c. Reason for proposed removal and brief description of the vegetation to be removed; • d. Total acreage to be removed; • e. Proposed method of vegetation removal; and • f. Proposed methods to protect vegetation to be preserved. 4. Proof of Ownership. S. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit. 6. A generalized vegetation inventory which includes: • a. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the 112 1 Page Revised: 12/20/2022 Packet Pg. 418 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. • b. Generalized written assessment and evaluation, if requested. The generalized vegetation inventory shall be accompanied by a briefwritten assessment ofthe plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation, and presence of any bald eagle nests. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. • c. Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessaryto demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 7. A site plan which depicts the following: • a. Property dimensions; b. Location of existing infrastructure and alterations; • c. Location of proposed structures, infrastructure, and alterations; • d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area; • e. Designation of all protected vegetation proposed for removal; and • f. Location and details of protective barricading of the vegetation to be retained. 8. Affidavit of Authorization. 99. County Permits: All County permits and necessary applications requiring County approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the Vegetation Removal Permit: • a. Building permits (except in accordance with LDC subsection 4.06.04 A); 113 1 Page Revised: 12/20/2022 Packet Pg. 419 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • b. Special Treatment (ST) development permits; and • L. Any other required county approvals. 810.Non-County Permits: All non -County permits, including but not limiting to the following, shall be submitted prior to vegetation removal: • a. U.S. Army Corps of Engineers permits; • b. Florida DEP permits or exemptions; c. U.S. Fish and Wildlife Service permits or exemptions; • d. Florida Fish and Wildlife Conservation Commission permits or exemptions; • e. SFWMD permits or exemptions; and • f. Other applicable agency reviews or permits or exemptions. C9FRPl@teR@66 and The nlatu Fal ReseuFGes I)ep@F%FReRt .ill %h LR ..liG@ti.... fQF Il.enessing a pleteness The .. pleted a . "Gatie.. .. ..Let... t be a @d With 'Tecc-isrr�er XX291299999) will be assigned tG' Application P�the petition. This petition aGking n mbp ,g I.. uld be n ted .. All Filti-re Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Naki.^I RP4nur^e4 Department Development Review Division will approve, approve with conditions, or deny the permit based on criteria in LDC section 3.05.05. Updated 114 1 Page Revised: 12/20/2022 Packet Pg. 420 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures E.S. Vegetation Removal and Site Filling Permit (VRSFP) Reference LDC section 4.06.04. Applicability This processapplies to a requestto clear and fill land for residential, commercial, or industrial lots or building sites where lakes are excavated within a PUD or project, and where an approved SDP, SIP, or PPL has identified the lot or site for future development. Pursuant to LDC section 4.06.04 the VRSFP does not apply to the Golden Gate Estates subdivision. G*See LDC section 3.05.02 for exemptions for vegetation clearing. q See Chapter 5 D. for Construction Plans and Final Subdivision Plats. Initiation The applicant files a "Vegetation Removal and Site Filling Application" with the ERgie^^-i^e c^-•^Ges DepaAe1eet Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Legal de«.fetien of the subje,.t prepert., Prooerty information, including: a. Legal description of the subject property: b. Detailed location and description of the subject property: and c. Reason for proposed clearing/filling. A Detailed inGatien and .de«.iption of the subject. rape.t.. 64. Disclosure of ownership. ;L5. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit; 8-6. Site Filling/Grading Plan, if requested. 9-7. Site re -vegetation plan, if requested. 108.Site Stabilization Plan for areas impacted by vegetation removal and/or site filling. 119.Vegetation removal requirements, if requested. 1210. Site plan with area requested for clearing delineated. 1311. A Vegetation Relocation Plan, if applicable. GSee LDCsubsection 3.05.05 H. 1412. A management plan, if applicable. 1413. Environmental Data Requirements, c->See LDCsu4section 3.08.00 A. 115 1 Page Revised: 12/20/2022 Packet Pg. 421 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 4414. Generalized vegetation inventory, which includes: a. Generalized vegetation inventory superimposed on a currentaerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation, and presence of any bald eagle nests. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 15. Affidavit of Authorization. GempleteRess @Rd Th2 E....i..ve.i..e fe..•iGes ne..@.tMe..t ..,ill . • the @ PI*Gat* ... f9F G ..lete R@SS Th.- processing o Appliration qhA- d hp .. tpd a all F 1WFe ..d@nGe . ardingthe petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager ordesignee. Posting of a bond A bond, letter of credit, or cash bond shall be posted for a permit within a subdivision, pursuant to LDC subsection 4.06.04. A.3.e. Review Process The Engineering cervi,.e; Ana nht,,. 1 R,-;ni-rG@s Departments Development Review Division will approve, approve with conditions, or deny the permit based on criteria in LDC subsection 4.06.04 A. Updated 116 1 Page Revised: 12/20/2022 Packet Pg. 422 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures F. Mixed Use Project -Administrative Approval Reference LDC sections' 0 02mac ;wd 4.02.16 and 10.02.15. Applicability This procedure appliesto a request for a mixed use project (MUP) within the Bayshore Gateway Triangle Community Redevelopment Areathat is not seeking a Density Bonus and/or is eligible for administrative deviations pursuant to LDC subsections 10.02.15 A.1 and 10.02.15 B. Eligible Applicants Property owners in the following zoning districts: • a. Bayshore Zoning Overlay, Neighborhood Commercial (BZO-NC) Subdistrict. . b. Bayshore Zoning Overlay, Waterfront (BZO-W) Subdistrict. • c. Gateway Triangle Zoning Overlay, Mixed Use District (GTZO-MXD) Subdistrict. Pre -application A pre -application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP) —Administrative Approval' application with the Development Review Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. q See Chapter 4 1. of the Administrative Code for additional information. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager ordesignee. Staff Review The Development Review Division will review the application, identify whether additional Process materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 10.02.15 A.1. and 10.02.15 B. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Updated 2022-36 117 1 Page Revised: 12/20/2022 Packet Pg. 423 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures G. Official Interpretation of the Land Development Code Reference LDC section 1.06.01 and LDC Public Notice subsection 10.03.06 P. Applicability Any affected person, resident, developer, landowner, or entity that is subject to the LDC may make a request to clarifythe requirements for development approval or the meaning of a particular term, phrase, or requirementof the LDC. Pre -Application A pre -application meeting is not required. Initiation The applicant files an Application for Official Interpretation" with the.laRA Rg a Zoning Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Request details, pursuant to LDC section 1.06.01: • a. Each request must identify the specific LDC citation to be interpreted; and • b. A requestfor interpretation may contain no more than 3 issues or questions. The request must not contain a single question with more than three sub -issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than three issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 3. An interpretation of the requestprepared by the applicant. The interpretation shall include justification for the request. Completeness and Drererring o fee the nnnn....nt ..,ill .,I..GtFGRiG Fee .....S. Rg%d fYdRg th.. aPPI:Gant +hat the TT�'^6�� r Application s being P ed AGG...... anying that response ..ill be a r ..t fortho payment and the t Gkinn number (i.e., XX201200/ 00) assigned t the petition Thi; petition -,Gking number should b,- noted .. All fuuire G ndenGe r ardingthe Petition. Notice — For Notification requirements are as follows. q See Chapter 8 of the Administrative Code interpretation of for additional notice information. County wide application of the 1. Newspaper Advertisements: Upon issuance of the interpretation, the County GMP and LDC Manager ordesignee shall provide legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: a. Brief summary of interpretation; • b. Location of affected property; and c. Appeal time frame. 118 1 Page Revised: 12/20/2022 Packet Pg. 424 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice- For Notification requirements are as follows. q See Chapter 8 of the Administrative Code interpretations for additional notice information. affecting a specific parcel of land 1. Notification of affected property owner: If an official interpretation has been requested by an affected party other than the property owner, Collier County shall notify the propertyowner that an official interpretation has been requested. 2. Mailed Notice: Upon issuance of the interpretation, the County Manager or designee shall provide written notice of the interpretation to propertyowners within 300 feet of the property lines of the land for which the interpretation is requested. 3. Newspaper Advertisements: Upon issuance of the interpretation, the County Manager or designee shall provide for a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Brief summary of interpretation; • b. Location of affected property; c. Appeal time frame; and • d. Project Location Map, Of site speG.fic. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process 1. The Planning 9, Zoning Division shall determine whether the request is complete. If the Department Division determines that the request is not complete, the Departmen Division shall identify the deficiencies in a written notice to the applicant. The Depat ;en Division shall take no further action on the request for the official interpretation until the deficienciesare addressed. 2. After the requestfor the official interpretation is complete, the County Manager or designee shall reviewand evaluate the request in light of the Growth Management Plan and LDC, as applicable, and render an official interpretation. 3. The County Manager or designee may consult with the county attorney and other county departments before renderingan interpretation. Priorto the release of the official interpretation to the applicant, the official interpretation shall be reviewed by the county attorney for legal form and sufficiency. 4. The interpretation shall be in writing and shall be sent to the applicant by certified mail with a return receipt requested. Timing Official interpretations shall be rendered within 45 days of issuance of a determination of completeness. Official Record The County Manager or designee shall maintain an official record of all interpretations rendered. The official interpretations shall be available for public inspection during normal business hours. 119 1 Page Revised: 12/20/2022 Packet Pg. 425 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Appeals An official interpretation may be appealed to the BZA by the applicant, affected property owner, aggrieved, or adversely affected party within 30 days from the receipt by the applicant or affected property owner of the written official interpretation or within 30 days of the newspaper publication. Ca See Chapter 3 A. of the Administrative Code. Updated 120 1 Page Revised: 12/20/2022 Packet Pg. 426 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures H. Sign Permit Reference LDC section 5.06.00. Applicability This procedure appliesto any construction, installation, rebuilding, reconstruction, relocation, alteration, or change in the sign, including a change in the graphics or message of any sign. Pre -application A pre -application meeting is not required. Initiation The applicant files a Sign Permit application with the Operations & Regulatory Management I)@p@F%meR Division. The Sign Permit can be downloaded from the Collier County website by following this link: htLps://www.colliergov.net/index.aspx?page=3428. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: All drawings, plans, and specifications for pole signs, projecting Contents signs, and any ground sign over 32 square feet or 8 feet in height shall be submitted by a Florida certified design professional. The application must include the following: 1. Applicant contact information. 2. Notarized approval letter from property owner or management company. 3. The legal description and the street address of the property upon which the sign is to be erected. 4. The dimensions of the sign including height. 5. The graphics/message to be placed on the sign face. 6. If the sign or sign graphics/message is illuminated or electronically operated, the technical means by which this is to be accomplished. Additional In addition to the application contents mentioned above, applications for a Wall Sign Requirements for must also include the following, pursuant to LDC section 5.06.11: Wall Signs 1. Two copies of the Construction Drawings, that includes in : 4 a. The m Method of attachment or Engineering; 4 b. Color rendering; and 4 c. Dimensions of signage. 2. Two copies of the Elevation Drawings, that demonstrates 4 a. 1deR%ifying t The height and width of the unit or building; 4 b. The placement of sign on elevation; and 4 c. The 10 percent cleararea-jap,4. 1211 Page Revised: 12/20/2022 Packet Pg. 427 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Site ele.. SL.e. iRg leG@tie.. iF... thaR !Wall 6 3. Two copies of a floor plan showing units and placement of sign(s). 4. When more than one wall sign is applied for, two copies of a site plan showing the location and placement of the sign on the building. Additional In addition to the application contents mentioned above, applications for a Freestanding Requirements for Sign must also include the following, pursuant to LDCsection 5.06.11: Freestanding Signs 1. Two copies of the Construction Drawings, including: • a. Method of attachment or Engineering; • b. Color rendering; and • C. Dimensions of signage. 2. Two copies of the Site Plans, 'vGludin showing the following: • a. Spewing The location and placement of the sign; • b. Showing s aetbacks from the sign to property lines; and • C. Spewing K Road frontage dimensions,,aa4 Showing laeati..., Rreeessiag—Bf Application ..I:....Rt th@t th@ PeFMit iS beiRg p e.l n.................iRg that FespeRse .,ill be e .at Fe. the paymentRd the t aGking ..umber assigned t the permit. This permit tFaG Rg number shp l d be Rated on all future G GndenGe . ardingthe petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Operations and Regulatory Management Departmen Division will review the application utilizing the criteria identified in LDC section 5.06.00. Permit Number Following approval, only the current permit number shall be displayed or affixed at the Displayed base of the sign. or sign structure, and: • a. Shall have the same life expectancy as the sign; • b. Shall be clearly legible to a person standing five feet in front of the base of the sign; and • C. Shall be at least one-half inch (%") in height. Updated 122 1 Page Revised: 12/20/2022 Packet Pg. 428 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I. Site Development Plan I.I. Conceptual Site Plan (CSP) Reference LDC s69asection 10.02.03 C. Applicability This procedure applies to any request for a Conceptual Site Plan, which is designed to be an informal review and approval processthat may precede a Site Development Plan approval. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Application for Conceptual site Plan (CSP)"with the Development Review Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. The application must include the following 1. Applicant contact information. 2. Narrative description of the project. 3. Property information, including: a. Legal description; • b. Property identification number; L. Assigned project planner; and • d. Total acreage of subject site. 4. Two site plans, drawn to scale, showing the location of proposed infrastructure and buildings, zoning and land use of subject and surrounding properties, and required perimeter landscape buffer and building setbacks, including: • a. A table showing the required and provided setbacks and separation of structures, with a reference to the applicable ordinance from which these requirements are taken; • b. A table showing parking calculations, and number of spaces required and provided; c. For residential projects, a table showing the permitted density and the number of units provided, including the minimum floor per dwelling unit required and provided; and • d. A note on the site plan stating that: "Site geometry, parking, setbacks, and landscape buffersshall meet the Collier County LDC and/or applicable PUD ordinance requirements." 123 1 Page Revised: 12/20/2022 Packet Pg. 429 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The PI@RRiRg & ZeRiRg Development Review Division will reviewthe application, identify whether additional materials are needed and review the application for compliance with LDC section 10.02.03 and other provisions of the LDC. Updated 124 1 Page Revised: 12/20/2022 Packet Pg. 430 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.2. Site Development Plan (SDP) Reference LDC section 10.02.03 and other provisions of the LDC. Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC subsection 10.02.03 A.3. Pre -Application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection 10.02.03 D. Initiation The applicant files an "Application for Site Development Plan" with the Development Review Division. gSee Chapter 1 D. for additional information reaordino the procedural steps for initiating an application. Application fc„I,...i#al Gredep%ials. The engineering plans shall be sigl4ed and sealed by the Contents andSite applieanVs enginee rneensedtop th'.ct-,tp erne.;d Ue Plan Requ*FeFnent� ..crm Ippdsppev ela..< <L.ell be si,....,d pad sealed by a le...l«a.... @.e L. i+..G+. .,d ip the cute Of Cle.691@ [e. p Wbjeet to I nr9PGtiQR C n[ n4 Ghiteet61.e1 d.e.."iRgs' Shall be ed epd sealed by a Iieeesed @FGhi+eatFegis%eFed i the State eF Cle.ida The application shall include the following, if applicable: 1. Applicant contact information. 2. Addressing checklist. 3, WAi P t dppdaped 4.3.Property information, including: • a. Projecttitle; • b. Legal description; Commented [H18]: Moved and relocated to new Site Development Plan Requirement (SDPR) subsection below. Begins on pg. 137. • c. Property identification number; • d. Section, township and range; • e. Subdivision name, unit, lot and block; and f Qalp Rapti, arrow" and date 1 Commented [H79]: Moved to new SDPR subsection #9. f. Current zoning designation: and • g. Requested oraooroved zoning actions. 4. Pre -application meeting notes. S. Electronic copies of all documents. 6. Proof of ownership, including a copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. 125 1 Page Revised: 12/20/2022 Packet Pg. 431 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures i he „ PI:caRt Shall elre „ -.....I letter Of Itheri7a%iQR Frem th�- property owner(s) degigRati„g the applicant a the agenton behalf of the G "eTsii Commented [H20]: Moved to and modified in# 8 below. 7. Owner/agent affidavit as to the correctness of the application. g. bl In nrdi„•.„re and Development Commitma„t I„Ferrn;Aio Affidavit of Commented [H21]: Moved to new SDPR subsection #11. .................................................................................... Authorization. g. b D N49R teri„a oe„art and frhe.J„I, if .,„„Iireble)r Fee Calculation Worksheet Commented [H22]: Moved to new SDPR subsection #12. and Review Fees, signed. 10. In Cover Sheet with the Felle..,i„a i„ferm;Itie„. _ n legal desGFiptiqR and the PFoperi.lu tiFi.• nurnbe.lrl/Felie number(s) For the subiert property or properties I .••.•••"""' Commented [H23]: Moved to new SDPR subsection #1. Cover letter describing in detail the proposed project or proposed changes, including any discussions with the assigned Planner that may be pertinent to the reviewof the application. and the sheet numbers of the plans affected by the change, if applicable. !-I. The Fallawi„g i„Fermetie„ qh;W be r t Ferth on the site development „le„ and /ar e e dates sheet --serf e..elusiyelyfaF that„ ill narrativethe „la ide tiF..i the pravisiensefownership private streets a„d easeme„ts•i .................................................................................................................................................. Commented [H24]: Moved to new SDPR subsection #3. (A ssurnmaryite chart form which Shell i rludp the Felle..ri„e i„Fermetie„ of the total site .,re,.t Commented [H25]: Moved to new SDPR subsection #4 A, 6 Ee PF9jeGtSthat i e"'dl- FPWeRtial Uses, t9tal „ mbar eF WRits, B, and C. de„Sit.,WRitS , „d t breakdG .,„ b.. r e Feeteae a„d mbar of badreams as well as m/maximum (as •. „lir•.ble) Commented [H26]: Moved to new SDPR subsection #5 126 1 Page Revised: 12/20/2022 Packet Pg. 432 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures retie required „d floor areas , l........ ........ Commented [H27]: Moved to new SDPR subsection #6. 9 f 11 required and provided seth„r Lr and r s between buildings 6 Maximume.d buil.di„e height .,II weal veal Aptual himil.di„e height as ..................................................................................................................................... Commented [H28]: Modified and moved to new SDPR 9 OaRong and land use of the subjer« and e.diere„♦ pFepeFties, subsection # 7 „dudi„.. properties abutti„e an adjaGe„t right _of_way or right _„F_way e ase me„t..,„.di ................................................................................................................................................................................... Commented [H29]: Moved to new SDPR subsection # 8. Commented [H30]: Moved to new SDPR subsection # 9. fn „..rl.i„e..6I........r„iR MAFi)( Fer.....,high ..h..11 9Type of usei 6 Total square footage per use; 6 n l�I...her eFle...di„e e.d..„rl„ .,*,deal(if..„„Iivehle)..,„,d 9 Tet..l eII„.her eF r„„res provided h.. u se • [ ]: •• Commented H31 Moved to new SDPR subsection # 10. mope Letl...................................................................................................................................................................................................... Commented [H32]: Deleted 6 jAfGFR;@ti9R iRthe ct..„.der.d Rldil.di„e Cade, t.Pe of re,.,S#6I..tie„ „.her of steFies, total s a Feete„e 6 „.der reeF .,/hire and Fire sprinkler intentiens of all proposed struchires se that a needed Fire flow may he ,deter..,i„erl.l Commented [H33]: Moved to new subsection SDPR # 2 6 fn Fire h,,.dre„t flow test r port from the .. „lir„hle fire rlistrirt ferthe and modified. rlese..t h...dr..„t/..\ t the pFejeGtse that the available Fire Flo.., „.e., he Commented [H34]: Moved to new subsection SDPR # 11 and modified. Illustrative 1 Commented [H35]: Moved to new subsection SDPR # 12.Illustrative i„Fe r...-.ti..„ accurately .Je..i..te.J unless,. ,e.J -. +he„ l „eliGa%ie„ meeti„e.l Commented [H36]: Deleted 9 fA bounsign, survey, prepared by a referrie„el surveyor, showing the er..tie„ And dimensions of all property i„erexisting streetsGads fights of way, and areas de.dir..te.d t the „ubior Thir survey shall he „ ed either by .. of title, h.. t FreFP the rl..\ ..Rg ..t thhe OF the has „ V deal SI '#ieie„t i„fer„...tie„ ♦ the elle.., the aGG irate .de„ietie„ Of the ehe.,e i„fer„.etie„ OR the 9 'rkie...i Commented [H37]: Moved to new subsection #15 and .......................................... 6 f\Iame elie„.„e„t ..„.d a ../„re e.d r ght& eF .. of all .. e 7 modified. ...hiGh herrlerthe .de..vle„Me„t (i„ehu.di„e raised islands ht/IeF+t I, e.d' „d ., rhr\ the .. 127 1 Page Revised: 12/20/2022 Packet Pg. 433 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures QGa%iGR „F .JI „ „ d F iye..,...,.. .. aGGeSSthe opposite sides +...Fti. Ga'„.i„e de.,i..„,..i • "' Commented [H38]: Moved to new SDPR subsection # 16 ............................................................................................................................................. a { GGatIGR „.d „„fig IF@ti„„ Of .,II de.,„I„„„.e„+ qRgF@SS „..I „ and 18. i-.^"7 .................................................................................................................I........... Commented [H39]: Moved to new SDPR subsection #17. Commented [H40]: Moved to new SDPR subsection # 30 and modified. a Name, alignment, „d «i„, ,. way i„.„„, ed Fight „{ „f all i„«„.„ I lCommented [H47]: Moved to new subsection # 23. `tree. and alleys .............................. Commented [H42]: Moved and condensed in SDPR a Pirectional rnovPrnPnt „F:„«„.„„I ...hi..,,l.,.«.„{Fitt-.....I :« subsection #16 fFQFR „ede..+.i..„ #affi,..l ............. Commented [H43]: Moved to new subsection SDPR#19. bU*l.li„„.. „IFteRRiS GOWAS,„I.. „W.). Commented [H44]: Moved to new subsection SDRP#25, 26 and 27. Commented [H45]: Moved to new subsection SDRP# 22. Commented [H46]: Moved to new subsection SDRP# 24. Commented [H47]: Moved to new subsection SDRP# 28 fn ,,. + e„„„ ,.,hi h I.. „+h„ {„II„,.,i„e. I Commented [H48]: Moved to new subsection SDRP# 29 a l and modified. 1 t All build{„gse+h..4si s nigt „..e hetwee„ buildings and a All „..long areas .,„..I driye_..igl„....,„.li •• ."" Commented [H49]: Moved to new subsection SDPR # 31. „.„„e.«., li„es and all „aFki„e t Commented [H50] Move to new Chapter 4 P Landscape .................................................................................... . a frFa#O „Iatie , signing and „ aFki„„ plan, ..!Ghat Aut i.l„ and Plans and modified. ll tide radFF for e« rn „.pointGernmen {e. Commented [H57]: Moved to new subsection SDPR # 20 Commented [H52]: Modified and moved to new subsection SDPR # 16 and 17. a fA„..,,-�,�a�1.1 i.i„„-.I tale.,-,„«i„{... „,-,rie e.Jl,..I, •e Developmentl Commented [H53]: Moved to new subsection SDPR # 21. A-^....................................................................................................................................................................................................... Commented [H54]: Moved to new subsection SDPR # 33. 128 1 Page Revised: 12/20/2022 Packet Pg. 434 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures h 7 FGhite. el Plans See r•hap%e, n n of the n.d..,ie Mgt ('vale fe. n...hitee4w • If p e.d .du. ps%e. e..Glgs6iF@.details .de..ied;e.. height e...d FR iel e..,d roler of walls and gates; and • If proposed, light pole details delakting height aR d colors of vole and ......_ ................................................................................................................................................................ Commented [H55]: Moved below to #13 without change. Commented [H56]: Moved to new subsection SDPR #32 A,B,C, and D without change. Commented [H57]: Move below to #17 a.ii. and modified. Commented [H58]: Moved below to # 20 and modified. Commented [H59]: Moved below to # 17 without change. Commented [H60]: Moved below to # 19 without h n Ce..e�i.deetiel pFeieG%s sulajeet to the ...e.dSiGRS of i nr Se,.ti R 30 nn no a '•: Commented [H61]: Moved below to #17 a. iii. and Gemplete.d c,.heel I..,paG% n.,..l,,..,.. (ode) @PPliGetie., 1,.,...tiQRFRaP ova .e,aewfee.J _.._.._.... `'•. modified. h c Ce.Hfirate of Adequate 126 iblk c„-ilities appliratie. if applicable.) � Commented [H62]: Moved below to #15 and modified. h c l andsGaping Plan n landscape plan whieh shall rnntain the following; Commented [H63]• Moved below to #21 without change • and"'"e summary. n land"'"e surnmary on matrix fe`e"•'"``" `hall Commented [H64]: Moved below to # 22 without ids change. shall he aGGuFetel., .depiGte.d ee the @e.d.Gape .Joe• •................................................................................._- 'Commented [H65]: Referenced below in #14 and moved to new Chapter 4 P Landscape Plans, -subsection Application Contents # 11 Landscape legend. 129 1 Page Revised: 12/20/2022 Packet Pg. 435 Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • i he IGGA69R, G94961FA69R, @Rd @FFaR9eFneR% Of @11 PFOPOSed 1361ildiRgS, iRteFRRl qtFePt9 and P@FlqiRg @Feas as FPfIegtPd OR the ;itp 344 ............. 6 .......................... Commented [H66]: Moved to new Chapter • i he leGat*GR and diRWRgigRg PfRII pFgpesed !andSGaP(-d aFeR9 subsection # 21. appFqpFiate gFaphiG symbols *RGlWdiR9 @)(qS%qRg tFees tha% @Fe beiR-g rrPditPdW%A.f;4rd the development's landscaping require —It -I ...................................... I ........... Commented [H67]: Moved to new Chapter4 P. 6 AcAtion AMC] C.Mfm-. rAt6.M f All 'MaCdA, ., r—1 A"d.a Ar-A'. subsection # 12. Commented [H68]: Moved to new Chapter 4 P. subsection # 13. G AR�' additiOR@1 FP'Q'-'@Rt iRfAFFA@%iQR ag MaY be FeGIMiF@d bY %he GGWAty Commented [H69]: Moved to Chapter 4 PAanag@F eFelesigne-ePand modified. - 17- Pegetation propertyshall be required to the extent neGessary, ;;q dPtPrminPd ;it the pre appliGation meeting, %he alappoximate leGatiOR, depsities @Ad Spegies of the 0 WPI@Rd, Wet'@Rd @Rd P9%II@FiRQ VP9etAiQR iRG161diRg PFQhih6tQd QxQtdg vegetatiGn, mapped using FLWGFCS terminology; i .................................................................................................. ( Commented [H70]: Moved below to #24 r ny type of vegetation identified for preservation] ... .... .... .... ... ... .... .... .... ... ... .... ................................... -( Commented [H71 ]: Deleted • ( ORWFVA69R e@SeMeRt iRG161diRg SigRed @Rd sealed legal deSGFiPtiQR aRGI boundary suFvey for preserve, indude pret@Gtqve language, and provide a sketGh and d@SGFFPtmQn in plans. j ............................................................................................. .... Commented [H72]: Modified and moved below to �#26 • bFojeGts G9R%@iRiRg %he fellewiRg shall pFevide a swFvey sp@Gie,� and lori4iong on ;; GurreRt aerial photograph at a sGale of 1 inGh equals 209 a ExistaRg trees that may be GFedited toward the developmeAt's 1andsGapiRg FequipeMeRtS.) Commented [H73]: Moved below to # 24. Eer proposed site alteration(s) within the GOR9tRI znne as depiGted an theL f-Aure 'And i-we map, dR addi%iop to the feregoing requirements, the VegetAiGR iAVeRt9FY Shall dePiG% the Ga%eggFieS Of OFRPaG% iR @GGQFd@RGQ with 2.99093 9.93.94-i ................................................................................................................................. Commented [H74]: Moved below to # 27 h8, A F@G@Rtaepqal ..hate shall be pFevidpd at the gamp qGale as the plaR deliReatiRg the development boundaries, unless waived at the pFe a. ti tt ......................................................... .. Commented [H75]: Moved to new subsection SDPR #13 DeRsoty banug If a FpqmdpRtF;;' bnnus is requested, as PrGvided fOF in the GFQmh M@RageMeRt WaR, a Geptified s6iFvey that GleaFly i'lusUAPS the lQGAtiQR aR4 FeIa%iGRShiP gf%h@ de%'el9PMeRt%Q the appFepFiate @Gtivity GeR%eF @Rd the Felated @Gtivity band shall be FeGluiFed1 ................................................................................................................................................................. Commented [H76]: Moved to subsection Contents as# 23. 130 1 Page Revised: 12/20/2022 Packet Pg. 436 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chopter4 / Administrative Procedures Commented [H77]: Deleted. Commented [H78]: Moved to subsection Application Contents as#16. Commented [H79]: Moved to new subsection SDPR #14. ' kies and r ... @dUFeS hiGh G ..F but a • limited r the F..II.... Fng it .. 1311 Page Revised: 12/20/2022 Packet Pg. 437 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I ieeg shell he che..,.. on the ee..�t --wtian plans • ............... .I Commented [H80]: Moved to new subsection sDPR # 28. bn Count.,_ Permits; An neGessary permits and a pliGations reqwiringreunty a .el and ether perrnitting and GanstrwGtien elated iterns, induding kit not lirnite.d to the C.(e@Vatie.. e A rellier Cni-int., right _of_way e W aStie.. .. of @ hleQPeFAiQRj Intprim i.v;44pwater and/or water treatment plant Gen�tri,Gtipn Pr intpriM %)........................ Commented [H81]: Moved to subsection, Application fn e„ e.d.ditiveel e,d fe.de.el eere.its ..,hieh may her e,d a Contents #29 A, B, C, D. rQrnrnPnrPrnPnt of GonstrwGtion . addressing the in;paGts an is diGtional -- Commented [H82]: Deleted. in 11 ether .. %.date elm e.d the liLe All neGessary odor.. An Ge required by Collier County erdinanGes .......................................................................................................................- Commented [H83]: Moved below to #29 E and F. h[ nle.. rewRt., De....its. All [e.deral cute e.d ether leeel pew;its shall he submitted e Pop the RPAIID n..e....,,veeeete.dIIneenn/WRAo,,.e. 1 Commented[H84]:Movedtosubsection,Application .................................................. Contents # 30 A, B, C, D. is e.d far aRy e.d ObSt.r iOR that a e.dgthe e.iterie a ♦ehllghe.d ie I nr .. n L2 nG and ;hall he . ,e.d by the [A A ie the fe.... e...d FR;A4PF pFeSGrihe.d 132 1 Page Revised: 12/20/2022 Packet Pg. 438 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 Administrative Procedures n 14 CCD Dart 77 CAA "dNhe Needs to Pile" a% A of the [A A for... 74G(1 'I 'AIAti Ge Af PF9pgse'd ronrtr11ntiAn OF Alterat*en' and all supporting materials, filed with the FAA- , -A Gapyof the f0 nel CAA Qhstrurtinn Eyal ation/Airnert Airspaee Analysis (GE/AAA) an,d A nv.sith -..der-.ile.d .descrinHen/e..nl-.n-.tiAn Afthp rriteri , frn... i nr . e, tiOn A n, nc nn al Commented [H85]: Moved to subsection, Application ................................................................................................................. 9,11. PUD Ordinance and Development Commitment Information. Contents #31. -9,12. PUD Monitoring Report and Schedule, if applicable. 13. Architectural Plans. q See Chapter 4.A of the Administrative Code for Architectural Plan submittals. The plans shall also include: a. If proposed, dumpster enclosure details depicting height and material and color of walls and gates; and b. If proposed, light pole details depicting height and colors of pole and housing. 46.14. Landscape Plans. C*See Chapter 4.P of the Administrative Code for Landscape Plan submittals. 15. Lighting plans signed and sealed by a professional engineer licensed to practice in the State of Florida. or by the utility provider. 24.16. Traffic Impact Study. C*See Chapter 78. of the Administrative Code. 33,17. Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer, with the following information, as applicable: a. For all developments, the following Stormwater related information: I. Completed calculations used to design the facilities, such as: road, water management systems. and all accessory facilities, public or private; ii. Drainage calculations. 10-year1-day:25-vear3-day:100-vear3-day storm routings; Ill. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities for the subdivision or development: and iv. Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. b. If within Collier Countv Public Utilities Service Area, the following Report must also contain the followin Revised: 12/20/2022 133 1 Page Packet Pg. 439 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures i. Estimated cost of utilities construction. Water and Sewer calculations: ii. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations; v. Chloramine Dissioation Report: and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 18. Geo-technical report with soil boring results. 19. Engineering Review Checklist, signed and sealed by athe applicants professional engineer;_ 20. Engineer's Opinion of probable cost (Paving, grading, and drainage). �4.21. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 43.22. Certificate of Adequate Public Facilities application, if applicable. M23. Density bonus. If a residential bonus is requested, as provided for in the Growth Management Plan, a certified survey that clearly illustrates the location and relationship of the development to the appropriate activity center and the related activity band shall be required. 24. Environmental Data Reauirements, to include: Cq See LDC Section 3.08.00A. A, Vegetation Inventory. A generalized vegetation inventory of the property is required, as determined at the preapplication meeting indication the approximate location, densities and species of the following: I. Upland wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FLUCFCSterminology; ii. Projects containing the following shall provide a survey identifying speciesand locations on a currentaerial photograph at a «,'gig^" '^^h equals 299 feetep !aFgeF or superimposed on the site plan: Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. • Specimen trees designated by the BCC, pursuant to LDC section 3.05.09. • Existing trees that may be credited toward the development's landscaping requirements. b. Listed speciessurvev: I. State or federal rare, threatened or endangered plan species surveyed according to accepted Florida Fish and Wildlife Conservation Commission or U.S. Fish and Wildlife Service methods. 134 1 Page Revised: 12/20/2022 Packet Pg. 440 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures c. Results of any environmental assessments and/or audits: d. Soil and/or groundwater sampling, as required. e. Wellfield Risk Management Special Treatment Overlavzones and analysis, as required. 25. Preserve Management Plan, as required. 26. Completed original Conservation Easement Form signed and sealed, with reference Exhibits depicting the site, preserve area and legal descriptions, as detailed on the Checklist for Processing Conservation Easements. 27. For proposed site alteration(s) within the coastal zone as depicted on the future land use map, in addition to the foregoing requirements, the vegetation inventory shall depict the categories of impact in accordance with LDC sections 3.03.03-3.03.04. 24. 28. Construction Plans. Detailed on -site and off -site infrastructure improvement plans and construction documents prepared in conformance with the design standards identified in LDC section 10.02.04and any current county ordinances, regulations, policies and procedures, which consist of, but are not limited to, the following items: a. A cover sheet setting forth the development name, applicant name, name of Engineering firm, and vicinity map; b. Improvements for water and sewer service as needed or as may have been specified during a site development plan reviewprepared in conformance with the Utilities Standards and Procedures Ordinance, 2004-31, as amended; L. Improvements for roadway, motor vehicle and non -motorized circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the site development plan review, prepared in conformance with the subdivision design requirements. Non -motorized circulation is defined as movement by persons on foot, bicycle, or other human -powered device. Non -motorized circulation depicting sidewalks and bicycle facilities shall be consistent with LDC subsection 5.05.08 A.S. Cross sections and details for improvements are required; d. The absence of obstructions in the public right-of-way shall be demonstrated, including provisions for safe and convenient street crossing; e. Cross sections and details for improvements required in LDC subsections 6.06.02 A.7 through 6.06.02 A.9; f. Improvements for water management purposes as needed or as may have been specified during the site development plan review, prepared in conformance with subdivision design requirements and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E- 41, Florida Administrative Code; g. Citation to the applicable technical specifications for all infrastructure improvements to be constructed; 135 1 Page Revised: 12/20/2022 Packet Pg. 441 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures h. Engineering design computations and reportsfor water, sewer, roads, and water management facilities, as required by federal, state, and local laws and regulations. i_ Topographical map ofthe property including: e i. Existing features, such as, watercourses, drainage ditches, lakes, marshes. e ii. Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. L Benchmark locations and elevations (to both NGVD and NAVD). k. Site clearing plan and methods of vegetation protection. I_ Where jurisdictional wetlands occur onsite, approved wetland jurisdictional lines shall be shown on the construction plans. 24.29. County -Permits: All necessary permits and applications requiring County approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the site development plan. These permits may include, but are not limited to the following: a. Excavation permit; b. A Collier County right-of-way permit; c. Blasting permit, priorto commencement of any blasting operation; d. Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits priorto building permit approval; e. All other pertinent data, computations, plans, reports, and the like necessaryfor the proper design and construction ofthe development that may be submitted; and f. All necessary performance securities required by Collier County ordinances in effect at the time of construction. 1&30. Non -County Permits: All Federal, State, and other local permits shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. a. Florida Department of Environmental Protection water and sewer facilities construction permit application; b. Notice of Intent (NOI) to issue a Florida Department of Transportation Right -of -Way permit; c. Florida Department of Environmental Protection or South Florida Water Management District Environmental Resource Permit, if required or, Collier County general permit for water management prior to site development plan approval; and 136 1 Page Revised: 12/20/2022 Packet Pg. 442 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures d. Any additional state and federal permits which may be required priorto commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species, such as: i_ USACOE permit and exhibits. If no USACOE permit, SFWMD permit and exhibits shall be submitted; and ii. For the RFMUD, Agency accepted UMAM/WRAP scores. Z& 31. Airspace obstruction review materials, if applicable. An airspace obstruction review is required for any proposed obstruction that exceedsthe criteria established in LDC section 4.02.06 and shall be reviewed by the FAA in the form and matter prescribed in 14 CFR Part 77. See "Who Needs to File" at https://oeaaa.faa.gov/oeaaa. The following items shall be provided for review: A, A copy of the FAA form 7460-1'Notice of Proposed Construction or Alteration', and all supporting materials, filed with the FAA; b. A copy of the final FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) determination; and c. A narrative statement with a detailed description/explanation of the proposed airspace obstruction and response to the applicable review criteria from LDC section 4.02.06 M.3. Site Development Submittal Credentials: The engineering plans shall be signed and sealed by the Plan Requirements applicant's professional engineer licensed to practice in the State of Florida. Tke I@RdSGnee plans shall be signed and sealed by a landscape architect FegiqpFed {e ♦ho Rate of Fle Foda F9F e u bjpGt to I DGcertign 5.99.99, ^i.lte^n 1FaI . Fawie..S shall be signed and sealed by ^ kensed architect registered on the State eF Flnrid;i. Sheet size: The site development plan and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale. The aeslieatieo site plan shall include the following, if applicable: 34.1. A Cover Sheet with the followine information: A, The project title ^^a %he Rame, .lopes...^a el.e^e e mbe. eF %ho FiFFn e th@ elaRS appal %he .... , Rd ^.ddFess @Rd teleei.e..e .b@F eF ti.e property b. Applicant contact information; c. Name, address and telephone number of the property owner; d. Zoning designation of the l {e I^ %he th %he ppoperty eA of I) the a of the DI In and the a ..d.e Of the QFdi..- P&e appreviag the PWD (if zoned PUD, include PUD Ordinance number and Development Commitment Information); e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and f. Legal description A. legal dQQG.i^ti^^ ,^a the ^ Felie .. ...i.e. W Fe. the gulaie ;and 137 1 Page Revised: 12/20/2022 Packet Pg. 443 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures g. Property identification number(s) for the subject property. 2. On the cover sheet or following page, provide information on the Standard Building Code, tvpe of construction, number of stories, total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a needed fire flow may be determined. 11 The F..I I....,...,. ipfo Finat1.... shall be get fAFth .. the site d...,..1...........t ,.Ian and OF n 3. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, preservation areas, private streets, and easements. 4. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and/or applicable PUD ordinance: a. Total site acreage; b. Total square footage of impervious area (including all parking areas, drive - aisles, and internal streets) and its percentage ofthe total site area; and C. Total square footage of landscape area/open space and its percentage of the total site area,,- S. For projects that include residential uses, total number of units, density, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. 6. For projects that include non-residential uses, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. 7. A development standards table which shall include the following: a. All required and provided setbacks and separations between buildings and structures in matrix form; and b. Maximum allowed zoned and actual building height, and the provided zoned and actual building height, as defined in LDC section 1.08.00;_ L. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement, 9. North arrow, bar scale, and date. 10. A parking summary in matrix form which shall include: a. Type of use; b. Total square footage per use; C. Required parking ratio, number of standard spaces and handicapped spaces required by use, and number provided; 138 1 Page Revised: 12/20/2022 Packet Pg. 444 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures d. Number of loading spaces required and provided, { if applicable �; and e. T91a4 aNumber of spaces provided by 4s4& required and provided bicycle parking spaces. 11. A fire hydrant flow test report, no more than 6 months old, from the applicable fire district forthe closest hydrant(s) to the project 12. Location of existing and proposed fire hydrants. 4& 13. A recentaerial photo shall be provided at the same scale as the plan delineating the development boundaries, unless waived at the pre -application meeting. 22-.14. Soil erosion and sediment control plan. p5ee Chapter7D. of the Administrative Code. 15. A boundary and t000graphic survey, less than 6 months old and prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. This survey shall be accompanied either by an attorney's ¢Opinion of Jitle, or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey;, 16. Name, alignment of existing/proposed rights -of -way of all internal streets al, Ievs. and streets which border the development (including raised islands, striping, right/left turn lanes, nearest U turns, median cuts and nearby intersections) *& I..G-.ti. n of III existing driveways .. aGress points an the appesite sides 4 All i.vhir.h la..pdpF the .l......1...........t F;d tho, I Gati..n Af all tFa iG Gal...i..g Gle.,i Gee.. 17. Location and configuration of all development ingress and egress points and legal access to the site T. 18. Location of all existing driveways or access points on the opposite sides of all streets which border the development, and the location of all traffic calming devices, 19. Directional movement of internal vehicular traffic and its separation from pedestrian traffic 20. Traffic circulation, signing and marking plan, to include outside and inside radii for all turn movements using a common pivot point for both radii at each location- 21. Roadway elevations`4. 22. Location of emergency access lanes, fire hydrants and fire lanes- 23. Location and configuration of all parking and loading areas-,-_. 24. Location of all handicapped parking spaces- 25. Location and configuration of recreational facilities (including related buildings, golf course areas, tennis courts, pools, etc.). 139 1 Page Revised: 12/20/2022 Packet Pg. 445 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 26. Location and general configuration of all water and drainage retention/detention areas as well as all existing and proposed easements, and water and sewer lines intended to serve the development;. 27. Location and general configuration of such natural features as preservation/conservation areas, water bodies, and wetlands-- 28. Location of trash enclosures- 29. Location-aad_heights, and material type of proposed walls or fences�a . 30. Location and arrangement of all proposed buildings (including existing buildings that are to remain);, 31. Accurate dimensions which include the following: a. All building setbacks; b. Distance between buildings and accessory structures; C. Width of all internal streets; and d. All parking areas and drive -aisles. -1332. Stormwater management information as follows: a. The South Florida Water Management District Environmental Resource Permit or General Permit number, if obtained; b. Stormwater management control structure(s) location (referenced to State Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD '83), latest adjustment); c. Stormwater management control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Datum, 1988(NAVD '88), latest adjustment), and NGVD; and d. Twenty-five-year/3-day design discharge at control structure(s);, 33. Any additional relevant information required by the Development Review Division. Completeness and The PI@RRi Rg & ZORaRg 9eP@.t.......t ..,ill . ,the @ ..IiG@ti.... f... G Ple%. Re99 Aft... P. F Appliration .Bran% willFeGeive Aai'Pd .. ..le G%.....iG FeS......S, RQ%if.,iRg the a pliram that the petition is being n ed AGGer... anying that response .,ill be a . ntfar tho payment and the t Gki..n number (i.e., XX201200/ 00) assigned t the n Thi; petition aGking n .nho. ;hQuld be noted n III future ndenGe . ardingthe Ae"t'- Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning 9, Zoning Department Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with 140 1 Page Revised: 12/20/2022 Packet Pg. 446 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre -Construction A pre -construction meeting shall be scheduled with the &^el^^^FI^^ SeFv*Ges ^^partmeR% Meeting Development Review Division prior to the commencement of construction. AllFeeFeFal, State and laGal PpFmitg shall he 4uhrnitted ..Gongtrind before the pFe designee, h... t Federal State and leeal agencypeFrAthe Hu } FIGFida De..artr..e..t G f Tr@Rsp9Aatde Right Of Way C:>See Chapter 1 D.9 for additional information reaarding the are -construction meeting reauirements. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lotbct layer. Updated Resolution 2019-196 and 2023-XX 1411 Page Revised: 12/20/2022 Packet Pg. 447 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.3. Site Improvement Plan (SIP) Reference LDC subsection 10.02.03 E and other provisions of the LDC. Applicability This procedure applies to a site improvement plan (SIP) request. ASIP must meet all of the criteria in LDC subsection 10.02.03 E. Pre -application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection 10.02.03 E. Initiation The applicant files a "Site Improvement Plan Application" with the Planning & Zenon PepaAmeR Develooment Review Division. G*See Chanter 1 D. for additional information regarding the Procedural steps for initiating an application. Application Submittal Credentials: Pursuant to LDC subsection 10.02.03 E, the engineering plans shall Contents and Site be signed and sealed by the applicant's professional engineer licensed to practice in the Plan Requirements State of Florida. For projects subjectto LDC section 5.05.08,architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Project title; . b. Legal description; • c. Property identification number; . d. Section, township and range; • e. Subdivision name, unit, lot and block; and . f. Scale, north arrow, and date. �-7e ng designationofsubjeet and adjarent sites and the proposed us,- nfthp subjea site. c 9,.41 ..s .,...,,,.steel ,.h...,, e&,) Commented [H86]: Moved to below and modified under ....................................................................................................................................................................... 64. Cover letter bFiefly explaining the pFejeG• describing in detail the proposed project or #6 d. and e. proposed changes, including any discussions with the assigned planner that may be pertinent to the reviewof the application, and the sheet numbers of the plans affected by the change, if applicable. 142 1 Page Revised: 12/20/2022 Packet Pg. 448 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 7 5. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subiect lot or Darcel of land. The applicant shall also Dresent a notarized letter of authorization from the propertyowners(s) designating the applicant as the agent acting on behalf ofthe owner(s). 6. A Cover Sheet with the following information: a. The proiecttitle: b. Applicant contact information: c. Name, address and telephone number of the property owner: d. Zoning designation (if zoned PUD. include PUD Ordinance number and Development Commitment Information): e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community: and f. Legal description: and R. Property identification number(s) for the subject property. 4 (cation anfi..uration and di.. pngi..n. of III building and lat i..w...reyempnt4 ;4nd Gonfiguratien of parking and leading areas, and the dir@Gtia44a4 FnAVPFRPRt ..f i..t.....A1 ...L.iGI.. t.AFFiC 12I-AGAtiAn And Gonfigurati"" of I andiGapped parking fa Gilities and building Commented [H87]: Moved to below as # 7-b., c., d., e., f., and e. (tC I @G@ti9R Of ....iSti.... a..d .. ..d I-...ds..a"i",. with . .. iFi.. ati....s l Commented [H88]: Deleted. quantity, and "'"" of vegetation ............... t ......... Commented [H89]: Deleted for inclusion below within ....................................................................................................................................... #10. ................................................................................................................................................................................................................................................ Commented [H90]: Moved below to # 7 h. 7. The following information shall be depicted on the site plan: a. Bar scale and north arrow: b. Location, configuration, and dimensions of all building and lot improvements; c. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic;. d. Location and dimension of access point(s) to the site) e. Parking summary in matrix form, indicating the required and provided parking for each existing and proposed use; 143 1 Page Revised: 12/20/2022 Packet Pg. 449 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures f. Location and configuration of handicapped parking facilities and building accessibility features: g. Location, dimension, and configuration of existing water management facilitiesi h. All required and provided setbacks and separations between structures in matrix form;. i. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and/or applicable PUD ordinance: L Total site acreage: ii. Total square footage of impervious area (including all parking areas, drive -aisles, and internal streets) and its percentage of the total site area: and iii. Total square footage of landscape area/open space and its percentage of the total site area. L Site clearing plan/vegetation inventory, if required. 8. Owner/agent affidavit as to the correctness of the application. 9. Architectural Plans, if required. <* See Chapter 4.A of the Administrative Code for Architectural Plan submittals. 10. Landscape Plans, if reauired. pSee Chapter 4.P of the Administrative Code for Landscape Plan submittals. 11. Boundary and topographic survey, if reauired. 12. Engineer's Reoort with Assumptions and Explanations. if required. 13 Engineer's Opinion of Probable Cost (OPC) signed and sealed. if reauired. 14. Affidavit of Authorization. 15-7. Any additional relevant information as may be required by the Department Development Review Division. Notice No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The Planning 9L Zoning Depart menDevelopment Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with 144 1 Page Revised: 12/20/2022 Packet Pg. 450 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Pre -Construction Meeting conditions or deny the application utilizing the criteria identified in the applicable LDC sections. A pre -construction meetings may be required if requested by staff. Following approval of the SIP. the Engineer of Record NOR) shall submit the Affidavit of Compliance to the Client Servicessection of the Operations and Regulatory Management Division orthrough the GMD Public Portal. The Engineer's Affidavit of Compliance shall attest that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies, and all required permits have been issued. u..,.,,yep all C... epal State, and I. Gal ppFFA44 ghall be 4--ila .itted pFiepte g See Chapter 1 D.9 for additional information regarding the ore -construction meeting Digital Submittal Requirements requirements. After the final site development plan has been approved by the County Manager or designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lottxt layer. Updated 145 1 Page Revised: 12/20/2022 Packet Pg. 451 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites - Existing Conditions Site Improvement Plan Reference LDC s69asection 2.03.07 G.6. Applicability This procedure applies to mobile home parks or mobile home sites pursuing an existing conditions site improvement plan and which meet the criteria established in LDC section 2.03.07 G.6. Pre -application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC s69asection 10.02.03 E.2. Initiation The applicant files an "Existing Conditions Site Improvement Plan Application" with the Planning 9E 7oning Department Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: The site improvement plan, as described below, is not required to Contents and Site be signed and sealed by a Professional Surveyor and Mapper or a professional engineer. Plan Requirements The specific purpose survey, as described below, shall be signed and sealed by a Professional Surveyor and Mapper. Sheet size: The cover sheet and site improvement plan shall be prepared on a size sheet measuring 24 inches by 36 inches and drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Cover letter briefly explaining the project. 4. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement demonstrating ownership and/or control of the mobile home park or mobile home site or parcel of land. 5. Site improvement plan shall include: • a. Cover Sheet with the following information: i. The 24roject title @Ad the address and pheRe RumheF Qf the pFep@FeF of the "aRS,- ii. Applicant contact information: e III. Name, address and telephone number of the property owner: e iv. Zoning designation of the subject property and adjacent sites; e v. Vicinity map clearly identifying the location of the development within the Immokalee Urban Overlay and its relationship to the surrounding community; a vi. The pFep@Fty appFaiseF s property identification number(s) /fe4e .,-for the subject property; e. vii. Bar Scale, north arrow, and date; 146 1 Page Revised: 12/20/2022 Packet Pg. 452 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a viii. Acreage of site; a ix. Number of mobile home units; and a X. Number of vacant lots;, • b. Illustration of existing conditions, such as: a i_ Site address of mobile home units; s ii. Location and dimension of access point(s) to the site; s III. Directional movement of internal vehicle traffic; s iv. Location and configuration of streets; s v. Location and configuration of parking spaces and loading areas; a A. Location of fire hydrants and fire alarms, if any; a Al. Location, dimension and configuration of existing infrastructure, such as utilities, drainage facilities for the park; and s viii. Utility connectionsfor mobile home units. 6. Specific purpose survey shall include the following: • a. The name and contact information of the person who prepared the site improvement plan; • b. Property boundaries; • c. Location and configuration of mobile home units, vacant lots, and other structures; • d. Location and dimension of access point(s) to the site; • e. Separations between mobile home units and other structures; and • f. Easements. 7. Affidavit of Authorization. .78. Any additional relevant information as may be required by the °tea 'vefe�E Development Review Division. Completenessand ng fl..pai4..-e n-t .ill review the application for eernpletene,&s. °. ^ma`s Fee the pliGant ...ill . ailed or el@Gtran4G reSPOn Se ....ti F..iRg the applicant that the petitions being p e.l AcGem g that response ..ill he a reGeiptfer the paymentand the t Gkie,... mhe. (i.e., vv2012nnnnn) assigned to the pptitinn Thi4 petition aGkinee mher shpuld he..ete.Je All G edenee„ ardingthe peti> lef} Notice No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The Planning & Zoning Department Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with 147 1 Page Revised: 12/20/2022 Packet Pg. 453 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures conditions ordeny the application utilizing the criteria identified in the applicable LDC sections. Digital Submittal After the existing conditions site improvement plan has been approved by the County Requirements Manager or designee for compliance with the LDC as provided in section 2.03.07 G.6, the applicant shall submit a B digital copy of the site plan document. Updated 148 1 Page Revised: 12/20/2022 Packet Pg. 454 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.4. Site Development Plan Amendment (SDPA) Reference LDC subsection 10.02.03 F and other provisions of the LDC. Applicability This process provides for amendments to a site development plan (SDP). A site development plan amendment (SDPA) shall meet the criteria identified in LDC subsection 10.02.03 F. G* See Chapter 4 L5 of the Administrative Code for insubstantial changes to a site development plan (SDPI) or site improvement plan (SIPI). Pre -Application A pre -application meeting is required. Initiation The applicant files a "Site Development PlanAmendment Application" with the Planning 9k Zopipg Depapt^ ^* Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiatina an application. Application A site development plan amendment application must include the following, in addition Contents and Site to the Application Contents and Requirements for site development plans, as applicable. Plan Requirements :a See Chapter 4 L2 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site iaprevemen development plan amendment and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Property information, including: • a. Original SDP number or AR/PL number; • b. Total area of project; and c. Site address. 2. Description of proposed amendment. Revised: 12/20/2022 149 1 Page Packet Pg. 455 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning ° Zoning Department Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre -Construction A pre -construction meeting shall be scheduled with the Engineering ServiGes Department Meeting Development Review Division prior to the commencement of construction. All Federal, ftat.. @Rd I..G@I Permitsshall be submit4ed priep to GORS41 GtiQA RAd L.efope the PFe ' 611..t C..de F@1 ct@te and IgGal the pFe.. gSee Chapter 1 D.9 for additional information regarding the are -construction meeting requirements. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. Updated 150 1 Page Revised: 12/20/2022 Packet Pg. 456 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.S. Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) Reference LDC s"section 10.02.03 F. Applicability An insubstantial change must meet the criteria established in LDC subsection 10.02.03 F. In orderto determine if a change is truly insubstantial and does not require an amendment to a SDP or SIP, the applicant shall contact the Planning P�^^ing Department Develooment Review Division to discuss the proposed change. fl. papt.. eRt 1.., Fnai1 .. ..I....I.ene toFegbiest a telephene G IARtFAR F..r I..911I AtaRtial Change to a ChD or SIP. Pre -Application A pre -application meeting is not required, but the applicant must obtain pre -submittal authorization from the Dl....nln^ & ZgRiRg I,,...-.rt...eR Development Review Division. Initiation The applicant files an 'Insubstantial Change to: Site Development Plans or Site Improvement Plans" application with the DI,^^I^^ 91 ''^^I"g PePaF%^R^^t Develooment Review Division. CgSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be Contents signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan orthe site development plan and the cover -sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Applicant contact information. 2. Project information, including: • a. Project Name; • b. Assigned Planner; c. Original SDP/SIP Number; and • d. Section, township and range. Revised: 12/20/2022 1511 Page Packet Pg. 457 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 3. Addressing Checklist. 4. Copy of email from the planner who deemed proposed change4 to be insubstantial. 5. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the reviewof the application. 6. Coversheetwith the following included: • a. The 242roject title; • b. Reference stating the project is an Insubstantial Change to appropriate SDP, SDPA efor SIP; • c. Applicant Contact Information; • d. Name, address and telephone number of the property owner; • e. Zoning designation (if zoned PUD, include PUD Ordinance and Development Commitment Information); • f. Vicinity map clearly identifying location of the development and its relationship to the surrounding community; g. Legal description; and • h. Property identification Number(s) for the subject property. 7. Affidavit of Authorization. Compleieness and The Dlnnninn & inning DePa trrmnnt ..,ill r ,th@ @ nlinntinn tnr G nlntnnn« Attu. 11pplic plicant ..,ill niln.d OF nle V4G.in tifyinn the n pliraRt that the "PP' s being n n.l Acne pa Ryinn that FeSPORSe .,ill be areeeilatforthe- paymeRt and the t Gkinn number (i.e., vv201 200000) assigned t the petiti9R. Thig petitiGA nn Linn n MbPr 61.011l,d hQ n tnrl A14 All fiAWFA n n.dnnnn rnnnr.linnthe i Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager ordesignee. Review Process The D1nnnin9 ° '^Ring DepaAnRnnDevelopment Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated 152 1 Page Revised: 12/20/2022 Packet Pg. 458 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.6. Nominal Alteration Plan (NAP) Reference LDC section 10.02.03 G.3. and other provisions of the LDC. Applicability This process provides for a nominal change to a site development plan (SDP), site improvement plan (SIP), or to an existing site in which there is no site development plan. A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3. Pre -Application A pre -application meeting is not required, but the applicant must obtain pre -submittal authorization from the Development Review Division. Initiation The applicant files an "Nominal Alteration Plan" application with the Development Review Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Project name; • b. Most recentapproved Site Plan number; • L. Section, township, and range; and • d. Property identification number. 3. Addressing checklist. 4. Determination from the County Manager or designee that confirms the requested revisions qualify for the Nominal Alteration Plan. S. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 7. Affidavit of Authorization. 8. Proposed Nominal Alteration Plan. Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the areas affected by the change. The sheet must clearlyshow the change "clouded" and clearly delineate the area and scope of the work to be done. 1. For projects that have an existing SDP or SIP, the NAP is only required to show the plan sheets that have changed. 2. For projects that do not have an existing SDP or SIP, a cover sheet with the following information is required: 153 1 Page Revised: 12/20/2022 Packet Pg. 459 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • a. The project title; . b. Applicant contact information; . C. Name, address, and telephone number of property owner; . d. Zoning designation; • e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and • f. Legal description; and • g_ Property identification number(s) for the subject property. femeleteeess and The Wanning ➢. Zan:n,. Department will r .the a nlieatien for G nletenesg After PreGessmng of -AbrniWnn nfthe mpleted a plieatiep pae Le♦aeee.npapied with the. re.JFee the m nppid .Brant will .l ail..OF ..le..t.e..i...e S..e..Se ..etifyiRg the pliraRt that the petitieR ^PP^ is het...... e.l A....empaRyiRg that .espeRse .,ill be a F@Ge . 4QF the PaYMeRt ..d the t ..Lipp p ether /i a XX29 2nnnnnl a e.d t the PetitiORThig petition ae Lin,. nl'mher rhpuld hen te.l a all future rerrespandenGe regardingthe i� Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated Resolution 2020-88 154 1 Page Revised: 12/20/2022 Packet Pg. 460 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J. Temporary Permits J.1. Amplified Sound Permit Reference Code of Laws and Ordinances section 54-92. Applicability This procedure appliesto a request for a one-time, site -specific, Amplified Sound Permit for any commercial business or nonresidential land use which conducts such outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. CgSee Code of Laws and Ordinances section 54-92 for information on how to measure the distance of the sound source to the affected residential property. Pre -Application A pre -application meeting is not required. Initiation An applicant files an 'Amplified Sound Permit" application with the DlanArt s °Z^^ R DepaAmeA Operations and Regulatory Management Division. Application The application must include the following: Contents 1. Applicant contact information. 2. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 2-4 05.13 et seq. 3. Consent/authorization of owner. 4. Business orestablishment information, including: • a. Name of business/establishment, • b. Property identification number; c. Address; • d. Phone number; and • e. Zoning classification. 5. A sketch and description of the area in which the event will occur on the property. 6. A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning; 7. Event information, including: • a. Type of event (i.e. amplified, non -amplified, community event, enclosed, and/or non -enclosed); • b. Description of event; • c. Hours of operation; • d. Hours of music; and e. Identification of sound, method and number of loudspeakers and other amplifying devicesto be used. 155 1 Page Revised: 12/20/2022 Packet Pg. 461 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning p Zoning Departmen Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the Code of Laws and Ordinances section 54-92. Updated 156 1 Page Revised: 12/20/2022 Packet Pg. 462 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.2. Annual Beach Event Permit Reference LDC section 5.04.01, 5.04.07, LDC subsection 10.02.06 F, and LDC Appendix G. Applicability This procedure applies to a request for an Annual Beach Event permit. Pre -Application A pre -application meeting is not required. Initiation The applicant files an Annual Beach Events Permit" application with the PIaRRiRga 'vele� Development Review Division. gSee Chapter 1 D. for additional information regarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Con sent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 25,A 05.13 et seq. 4. Event information, including: • a. Property identification number; b. The effective dates of permit; • c. Reason for event; and d. On -site contact information. S. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. FDEP field permits shall be submitted prior to commencement of activity, if applicable. Completeness and The Planning & Zoning Department will r .the application for e eleteve« After Preressing eF uhmiWpn nfthe pleted plaratien pan Letannempaniedwith the. erl Fee the App"GationappliGant will . aiIpd a pleetrenie response notifying the a pli Gant that the PetatiGR is being processed. Accompanying that response wall be a reGediatforthe paymeRt pd the t GkiRg p mher (Le., XX2@ I']09999) a ed t the petWeR. This PetitiGR t.aGkiR.... ether ShAW'd he pe.d a all 41WFe p.denee r a..11. gthe p Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The olave;ve °.'naive Department Development Review Division will reviewthe application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.07. Updated 157 1 Page Revised: 12/20/2022 Packet Pg. 463 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.3. Carnival/Circus Permit Reference Code of Laws and Ordinances sections 10-26 to 10-33,10-46 to 10-51 and sections 66-89 to 66-91. Applicability This applies to any operator, sponsor, or owner of a carnival or exhibition. This includes any activity (whether private or commercial) with the following characteristics not prohibited by state law to be open to the public for an admission or participation fee: . a. Menageries; • b. A circus, sideshow performances, ferris wheels and other ride activities, food and drink dispensing facilities; • c. Booths for the conduct of games of skill and chance; and . d. Freak and similar novelty shows. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Carnival Operation Application" with the D1�^^m g 9k Z@R::g OepaAmeR Operations and Regulatory Management Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 2-59 05.13 et seq. 3. Property information, including; . a. Legal description; • b. Address of subject site and general location; and . c, property identification number. 4. Current zoning of subject property. S. A description of the nature of the application. 6. A surety bond in the penal sum of $2,500.00, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this section and subject to forfeiture under the terms provided in Code of Laws section 10-31 and section 10-33. 7. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000.00 for any one person and $300,000.00foranyone incident. 8. A current occupational license issued by the Collier County Tax Collector. 158 1 Page Revised: 12/20/2022 Packet Pg. 464 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 9. The name and headquarters address of the carnival or exhibition company with a director indirect financial interest; names and addresses of any sponsoring organizations, and the name and local address of the applicant re pre sentingthe carnival or exhibition company. 10. A description of everyactivity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities. 11. Name and identification of each person accountable for the operation of each activity. 12. A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities, parking facilities, and provision for lighting and public water. 13. Application for food establishment operating permit from the county health department as required bythe Code of Laws and Ordinances section 66-89through section 66-91. 14. The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 15. Provisions for traffic control, fire safety and security precautions. 16. The date and time each activity is to be conducted and concluded. 17. Written approval from the owner of the property authorizing the use of his premised for such carnival activity. 18. An indication of whether the event has been held in Collier County in the past, and if so the location and time the event was held. 19. Individual booth and sponsor notification form for temporary events with the following included: • a. Name of Event; b. Name of Booth; • c. Person in Charge of booth; d. Types of Food or Beverage to be served; e. Location of advanced food preparation; f. How food will be transported to event location; • g. Method of keepingfood hot and/or cold at event site; h. Method of cooking food at the location; i. The method for protecting food from dust, insects, flies, coughs, and sneezes; and • L The method for providing adequate facilities and supplies for employee hand washing. 159 1 Page Revised: 12/20/2022 Packet Pg. 465 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 20. A signed statement that the applicant understands that failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. 21. Addressing checklist. 22. Owner/agent affidavit as to the correctness of the application. Notice No notice is required. Public Hearing The BCC shall hold at least 1 public hearing for events that have not been previously approved. Decision Maker 1. For events that have been previously -approved, the County Manager or designee may, in their discretion, administratively approve any application for a carnival permit where the event being applied for is substantially identical to an event for which the BCC previously approved a permit application. 2. For events that have not been previously approved and cannot be administratively approved, the BCC shall act as the decision -making body following interpretation of the criteria set forth in the Code of Laws and Ordinances section 10-49. Review Process 1. Except as set forth below, the Planning 9 Zoning Department Operations and Regulatory Management Division will review the application and forward one copy to the sheriff and one copy to the health department for review. The sheriff and health department will provide their comments within seven calendar days. 2. If required,the PI@RRiRg ° ZGRiRg ^,....,•.w.eR Operations and Regulatory Management Division will place the application on the agenda of the next regular meeting ofthe BCC for approval or denial. 3. Previously -approved events: ca see Code of Laws and Ordinances section 10-48 and section 10-51. Updated 160 1 Page Revised: 12/20/2022 Packet Pg. 466 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.4. Film Permit Reference LDC section 5.04.01, 5.04.08, and LDC subsection 10.02.06 F. Applicability This procedure appliesto the request for a Film Permit for the following activities taking place, in conjunction with commercial motion picture, film, television, video, or still photography production: the use of set scenery, temporary structures or other apparatus, special effects or closure of public streets or accessways. Pre -Application A pre -application meeting is not required. Initiation The applicant files a 'Temporary Use Permit -Special Event" application with the Planning A Zen'ng Department Operations and Regulatory Management Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by section F.S. § 25905.13 et seq. 4. Locations, including the duration of use and hours of filming. S. Description of proposed uses. 6. Impact of proposed use on adjacent properties. 7. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the County Manager or designee a certificate of insurance evidencingthat said insurance is in effect and certifying that Collier County be given 30 days notice prior to the expiration or cancellation of the policy. 8. Special effects to be utilized, especially incendiaryor explosive devices, with proof of not less than$5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. 9. The following information is required by the County Manager or designee, unless waived: • a. A conceptual plan indicating the location of film events and parking facilities provided; b. Plans for construction or utilization of structures on subject site(s); • C. Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition; 1611 Page Revised: 12/20/2022 Packet Pg. 467 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • d. A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting; • e. A description of any use which may encroach into environmentally sensitive areas; • f. Approximate number and type of vehicles and/or equipmentto be used and any special parking requirements. The number of personnel to be on location with the production; g. Necessity for closures of public streets or sidewalks and for what duration and location; • h. An indication of any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s); i_ List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County; • L Provisions for traffic control, fire safety and security precautions; k. If located on private property, not under the county's ownership or control, a written notarized agreement from the property ownerto allow the filming to occur on his property; and I_ Additional information requested to assist Collier County in obtaining future film production. 10. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or designee to provide for cleanup and/or restoration of the subjectsite(s). 11. Office of the Fire Code Official's requirements, if applicable: • a. Special Event Permitting Questionnaire/Checklist; and b. Tent Installation Notification form. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The PIaRRiRg ° 'GR'Rrt DeP@F%...eR Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.08. Updated 162 1 Page Revised: 12/20/2022 Packet Pg. 468 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.S. Model Homes and Model Sales Centers Reference LDC sections 5.04.01, 5.04.04 C and' P' ` spat.e..spatio^^"^^ 10.02.06 F. Applicability This procedure appliesto a request for a Temporary Use permit for a model home or model sales center intended to facilitate the sale of a productsimilar in design as the model. Pre -Application A pre -application meeting is not required. Initiation The applicant files a 'Temporary Use Permit -Model Home/Model Sales Center" application with the Operations and Regulatory Management Division. gSee Chapter 1 D. for additional information reaardina the Procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 2151�9 05.13 et seq. 4. Property information, including; • a. Property identification number; . b. Subdivision/Development; • c. Unit, lot and block; . d. Developer/Builder information; and • e. Address of subject site and general location. S. Current zoning of subject property. 6. Description of proposed uses. 7. Duration of use. S. Hours of operation. 9. Identify the impact of proposed use on adjacent properties. 10. Model homes or model sales centers to be located within a proposed single-family development prior to final plat approval require the following additional application contents: • a. A plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is to be located; . b. A site development plan GSee Chapter 4 L2 of the Administrative Code; • c. A maximum of 5 models, or a number correspondingto 10% ofthe total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified; 163 1 Page Revised: 12/20/2022 Packet Pg. 469 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • d. Documentation showing all required utilities will be available to the subject site. The SDP must depict all required utilities in detail; • e. The boundaries depicted on the preliminary subdivisions plat shall be depicted on the SDP in order to ensure compliance with the applicable development standards in effecton the subject property; • f. Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents; and • g. Confirmation that the model home has not been previously used as a residence. 11. A Model Sales Center within an existing subdivision requires the following additional application contents: • a. In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP), pursuant to LDC section 10.02.0403 and subsection 5.04.04 C; • b. In the case of a permanent structure, otherthan a dwelling unit, a site development plan (SDP), pursuant to LDC section 10.02.03 and subsection 5.04.04 C; and • c. In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan which addresses the requirements of LDC subsection 5.04.04 C. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning a Zoning Departmen Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.04. The temporary use permit may be approved oriorto or simultaneously with the submission of a building permit application, if applicable. Updated 164 1 Page Revised: 12/20/2022 Packet Pg. 470 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures JA Special Events Reference LDC sections 5.04.01,' 13C 91 9^G"^^ 5.04.05 A, 10.02.06 F, and Code of Laws and Ordinances sections 118-131 to 118-155. Applicability This procedure appliesto a request for a Temporary Use Permit. Specifically, for a Special Event such as a sales and promotional event, or a sports, religious, and community event. Pre -Application A pre -application meeting is not required. Initiation The applicant shall submit a 'Temporary Use Permit -Special Event' application with the P1aR. iRg 9. Z,...;Rg r,,.paFt.. ent Operations and Regulatory Management Division. gSee Chapter 1 D. for additional information reaardina the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 21905.13 et seq. 4. Property information, including; a. Legal description; • b. Property identification number; • c. Shopping center; • d. Business name; and • e. Addressof subject site and general location. 5. Current zoning of subject property. 6. Type of event proposed. 7. Description of proposed uses. 8. Duration of use. 9. Hours of operation. 10. Impact of proposed use on adjacent properties. 11. A conceptual site plan (CSP) or a site development plan (SDP) is required for special events and seasonal sales. The site plan must demonstrate that provisions will be made to adequately address each of the following: • a. Vehicular and pedestrian traffic safety measures; • b. Limited activity hours; • c. Watchmen, fencing, and lighting; d. Fire protection and emergencyaccess measures; • e. Sanitary facilities; and Revised: 12/20/2022 165 1 Page Packet Pg. 471 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • f. If required, a faithful performance bond to guarantee compliance with the conditions ofthe permit. • g. Adequate on -site or additional off -site parking areas shall be provided as follows: a i_ A maximum of 10 percentofthe parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise; and e ii. The minimum required number of handicapped parking spaces pursuant to LDC section 4.05.07 shall remain available for use. 12. Temporary Event Recycling Plan, pursuant to Code of Laws and Ordinances sections 118-131to 118-155. 13. Office of the Fire Code Official's requirements, if applicable: • a. Special Event Permitting Questionnaire/Checklist; and • b. Tent Installation Notification form. 14. For Temporary Events in County ROW, pursuant to LDC �ectionj5.04.05 A.S.d. Commented [H91]: Added per Ordinance 2020-44. a. A Temporary Use aoplication shall be submitted 120 days prior to the event that require Hearing Examiner or BCC approval or 60 days prior to an event that reauires administrative approval. b. A site plan and route map depicting the route of the event from beginning to end. The site plan shall include an operational plan locating the following: I. Areas of assembly or dispersal, parking areas, temoorary signs. maintenance of traffic signs. stationing of crowd managers, officers. or flag persons. temoorary detours to be utilized by the public. and ii. All temporary construction or structures such as stages, booths, water and toilet facilities, etc. c. Placement and location of maintenance of traffic signs shall be in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended. and FDOT's Roadway and Traffic Design standard plans. d. Number of certified crowd control managers. Notice No natice is require4� 166 1 Page Revised: 12/20/2022 Packet Pg. 472 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 1. Mailed Notice: None reauired.unless it is an event that reauiresthe temoorary use of the right-of-way of any arterial or collector roadway of which necessitates closing all or part of the County[ ightlof way between the hours of 7:00 AM through 9 :00 AM or 3:30 Commented [H92]: Added per Ordinance 2020-44. PM through 6:30 PM. written notice shall be sent 30 days prior to the day of the event, to Property owners, neighborhood associations and business associations within one -quarter mile (2.640 feet) of the County Right -of -Way impacted by the event. 2. Newspaper Advertisement: For the temporary use of right-of-way, a legal advertisement shall be published at least 30 days before the Hearing Examiner or BCC public hearing date in a newspaper of general circulation. The advertisement shall include at a minimum: a. Clear explanation of the temoorary event's purpose. use of right -of- way and affect upon the right-of-way between the actual hours of event operations. b. Date, time, and location of the public hearing. C. 2 in. x 3 in. mao of the event's location. Public Hearing The Hearing Examiner or BCC shall hold at least 1 advertised public hearing for an Event in County Right -of -Way. Decision Maker For events that do not require a public hearing, tThe County Manager or designee-, otherwise the BCC or Hearing Examiner. Review Process The D aRRiRg Q ZeRiRg PepaAmeR Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 5.04.05 A_ The temoorary use permit may be approved oriorto or simultaneously with the submission of a building permit application. if applicable. Updated 2023-XX 167 1 Page Revised: 12/20/2022 Packet Pg. 473 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.7. Temporary Uses during Construction Reference LDC section 5.04.01, 5.04.03 and 1 Pram �.^^"^e^ 10.02.06 F. Applicability This procedure applies to a request for a Temporary Use permit during the construction of any development for which at least a preliminary development order has been granted. Pre -Application A pre -application meeting is not required. Initiation The applicant files a 'Temporary Use Permit -Construction and Development' application with the olennine & Zenin,. Pepaptment Operations and Regulatory Management Division. CgSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 25t305.13 et seq. 4. Property information, including; • a. Development/Subdivision; b. Developer; • c. Address of subject site; and • d. Site development plan number. 5. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. Proposed temporary structures require the submittal of a conceptual site plan. q See Chapter 4 1.1 of the Administrative Code. Completeness and The Planning & Zoning Department will r .the application for e nletene« A ftpr Droeessmno m of uhmirripn Af the Gompleted plieation pae Let aneempanied with the . ed Fee the applicant will . ailed o eleetronie response notifying the applicant that the nd the « ..Lin.. n ether (i.e., XX29 29999nl ed t the PetitiGR. This PetitiGR aline n ether be ned OR ell 41WFe G9FFeSPGndenee r erdinethe n Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 168 1 Page Revised: 12/20/2022 Packet Pg. 474 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Review Process The DlaRRdRg 91 ZGRiR' Dep@F%FneR Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.03. The temporary use permit maybe approved priorto or simultaneously with the submission of a building permit application, if applicable. Updated 169 1 Page Revised: 12/20/2022 Packet Pg. 475 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures K. Zoning Certificate Reference LDC subsection 10.02.06 6.11 Applicability 1. A Zoning Certificate provides a statement of compliance with the LDC for proposed uses. 2. A Zoning Certificate is required prior to: • a. Applying for a business license, for residential and non-residential; • b. Priorto occupying land or a building space. This includesa subdivided building, such as a strip mall; and • C. Prior to conducting business in all zoning districts. 3. It is recommended to obtain a Zoning Certificate priorto any building remodels. Pre -Application A pre -application meeting is not required. Initiation The applicant files one of the following applications with the D1^^^'^^ and ZGR'^^ Operations and Regulatory Management Division: • a. "Land Use and Zoning Certificate -Home Business," or • b. "Land Use and Zoning Certificate -Non -Residential". gSee Chapter 1 D. for additional information reaardina the procedural steps forinitiatina an application. Application An application for a Non -Residential Zoning Certificate must include the following: Contents for Non- 1. Applicant contact information. Residential 2. Business and use information, including: • a. Name; • b. Phone number; L. Address; • d. Owner or qualifiers name; • e. Prooertvowner or leasing agent name: • f. Type of business or use; g. Complex name, if applicable; • h. Type and name of business previously or presently occupying location; and • I. The length of time the property has been vacant, if applicable. 3. Building use information, including: • a. Proposed building use, including the square footage devoted to the use; • b. A brief description of the building (e.g., single -occupant building, shopping center, office or business center); 170 1 Page Revised: 12/20/2022 Packet Pg. 476 1O.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • C. Total building floor area; and • d. Number of parking spaces for the building, and the number available for the proposed use. Application An application for a Home Business Zoning Certificate must include the following: Contents for a 1. Applicant contact information. Home Business 2. Business name, phone number, and address. 3. A brief description of the type of business or use. Completeness and The Planning & ZGning Department will reviewthe appliGatien fer Gempleteness After P. F ^^p^^„„II;;nnll44oT "�on . d the ♦ ..Li...... ...h... (i.e., V V']!1'I']l111/ 99) assigned ♦ the petitieR. This petition ♦raGking number should be no o.d a all future GorrespendenGe regardingthe petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process After the application is complete, the Planning n. Zoning Departmen. Operations and Regulatory Management Division will review and evaluate the application and will issue or deny the Zoning Certificate based on the provisions of the LDC. Updated 1711 Page Revised: 12/20/2022 Packet Pg. 477 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L. Zoning Verification Letters L.I. Zoning Verification Letter - Generally Reference LDC s69asection 10.02.06 J. Applicability A Zoning Verification Letter may be used to verify: 1. The zoning of the property accordingto the Collier County Zoning Map; 2. Future Land Use according to the Collier County Growth Management Plan. The letter may provide additional information about the subject property if the applicant requests it. This includes: 1. Permitted uses and development standards applicable to the property underthe LDC; 2. Zoning of the adjacent properties; 3. Confirmation of any Site Development or Improvement Plans approved for the property; 4. Confirmation of any Variances or Conditional Uses approved for the property; 5. The nonconforming status of the property (whether the lot is "buildable") will be provided if specifically requested; and 6. Additional zoning information may be provided, subject to the availability of information, and may be specifically requested. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter: General Verifications and Fence Finished Side Out ^^.punter' application with the PI@RRFng 9,Zoning PepaFtmeR Division. gSee Chanter 1 D. for additional information reaardino the procedural steps for initiatino an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Address of subject site; and • b. Property identification number. 3. Type of verification being requested. 4. Additional materials may be requested, such as the original or amended site plan and/or survey. S. If verification as to nonconforming status is requested, a copy of the Property Appraiser's Card shall be submitted with the application. This copy may be obtained from the Collier County Property Appraiser's Main Office located at 3950 Radio Rd., or by calling 239-252-8141. 6. Information on building permits must be obtained through the Growth Management Records Room at 239-252-7492400. 172 1 Page Revised: 12/20/2022 Packet Pg. 478 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 7. Information on Code Enforcement cases/violations must be obtained through the Code Enforcementn Division at 239-252-2440. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The °.tea Zoning Pepartrn@R Division will review the application, identify whether additional materials are needed, and prepare a Zoning Verification Letter forthe applicant. Updated 173 1 Page Revised: 12/20/2022 Packet Pg. 479 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L.2. Zoning Verification Letter - Non-residential Farm Building Reference LDC s64section 10.02.06 1.1_b. , Code of Laws and Ordinances Chapter 62, and F.S. § 823.14 and F.S. § 553.73(10)(c) Applicability A Zoning Verification Letter may be used to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter: Non -Residential Farm Building ^. pp4cGt4g "aapolication with the °Plan .^ ;g9,Zoning Depakme„Division. gSee Chapter 1 D. for additional information reaardina the Procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Property identification number; and • b. Address of subject site. 3. Description of the existing/proposed use of the property. 4. Description of the proposed use for non-residential farm building. S. A surveyor sketch, dawn -to -scale plan showing the building, property boundaries and dimensions and existing easements or rights -of -way, location of water bodies or jurisdictional wetlands. 6. Location of the existing and proposed buildings, identifying the separation distances between buildings and the setbacks to the proposed non-residential farm building. 7. Compliance with the Collier County Floodplain Management Ordinance standards, as may be amended from time to time, including but not limited to the proposed elevation ofthe lowest floor. 8. Floodplain Development permit. 9. Under Construction and Finished Construction Elevation Certificate, except manufactured homes are not required to provide an Under Construction Elevation Certificate. 10. Proof of Bona Fide Farm Operation: • a. Farm Serial Number assigned by USDA Farm Services; or • b. Documentation that the building has an Agricultural Exemption through the Collier County Appraiser's Office; or • c. Description and any supporting documentation to confirm that the property is a Bona Fide Farm Operation, as defined by FS § 823.14; 11. Additional materials may be requested by the staff planner if necessary. 174 1 Page Revised: 12/20/2022 Packet Pg. 480 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning a. Zoning Departmen Division in coordination with the Floodplain Coordinator, will reviewthe application, identify whether additional materials are needed, prepare a Zoning Verification Letterfor the applicant. Updated 175 1 Page Revised: 12/20/2022 Packet Pg. 481 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L.3. Zoning Verification Letter - Fence Finished Side Out Waiver Reference LDCs64section 5.03.02 F.5.a. and 10.02.06J. Applicability A zoning verification letter maybe used to waive the requirement that fences, and walls are to be constructed to present the finished side to the adjoining lot or any abutting road right-of-way. Pre -application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter (ZLTR)_— GeneFG114 General Verifications and Fence Finished Side Out" application with the Zoning Division. CgSee Chapter 1 D. for additional information regarding the procedural steps for initiating on application. Application The application must include the following: Contents q See Chapter 4 L.1 of the 'Administrative Code- Zoning Verification Letter — Generally" application content requirements. Notice No notice is required. Public Hearing No Public Hearing is required. Decision Maker The County Manager or designee. Review Process The Planning gt Zoning Division will review the application, identify whether additional materials are needed and prepare the Zoning Verification Letter based on the criteria in LDC s69asection 5.03.02 F.5.a. Updated 176 1 Page Revised: 12/20/2022 Packet Pg. 482 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures M. Stormwater Plan Reference LDC subsection6.05.03. Applicability This processapplies to single-family dwellings, two-family dwellings, and duplexesthat meet the applicability criteria established in LDC section 6.05.03. This process may also be used to demonstrate compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8) as described in LDC section 6.05.03 G. Pre -application A pre -application meeting is not required. Initiation The applicant submits a Type I or Type II Stormwater Plan as part of the Building Permit application or when required by the Code Enforcement Board or Special Magistrate to demonstrate compliance with Collier County Code of Laws and Ordinances section 90- 41(f)(8). Application Submittal Credentials: A Type I Stormwater Plan, as described below, shall be prepared by Contents a Florida registered design professional, licensed contractor, or owner builder. A Type II Stormwater Plan, as described below, shall be prepared by a professional engineer licensed in the state of Florida. The name and contact information of the person who prepared the drainage plan shall be included on the document. Type I and Type II Stormwater Plan applications must include the following: 1. Applicant contact information. 2. Property information, including: • a. Addressof the subject property; • b. Zoning of the subject property; and • c. Description of the proposed activity. 3. The Stormwater Plan shall demonstrate the following: • a. Property boundaries; • b. Lot area; • C. Finished floor elevation of the subject property, as needed; • d. Elevation of adjacent properties at the property line and representative elevations of the subject site throughout the impacted area, as needed; e. Location and area of all surfaces that preventthe percolation or absorption of water into the ground on the site; • f. Septic system location and dimensions, if applicable; • g. Location of existing topographical features, such as, watercourses, drainage ditches, lakes, marshes, if applicable; • h. Proposed drainage directional arrows; • i_ Location and type of all drainage infrastructure, if applicable; • L Square feet of retention or detention areas, if applicable; 177 1 Page Revised: 12/20/2022 Packet Pg. 483 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures k. Depth of retention or detention areas in inches, if applicable; • I_ Cross -sections illustrating proposed grading and drainage infrastructure, including but not limited to: berms, walls, swales, pipes, gutters and downspouts, or other drainage facilities as needed to demonstrate compliance with LDC section 6.05.03; and • m. Elevation of the wet season water table in the impacted area if detention or retention is proposed; In addition to the aPPIiEatief+ Stormwater Plan contents above, Type II Stormwater Plans must include an engineer's analysis that demonstrates the following: • a. Water quantity calculations required in LDC section 6.05.03 D.2; • b. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The matrix may be included as a part of the site plan or on a separate engineer's report, and • c. The wet season water table elevation. 4. Any additional information related to the subject site, impervious areas, or drainage requested by the County Manager or designee. Completeness and The °Iae..iRg & 7ee{e.. ni.,i S{ee ..,ill . , the @ ..IiGetie.. fe. G elete..e« Afte. °.eeessing uhmi«i.m of th,- pleted application packet accompanied with the. ed fee the ...JiGant will . eile.J or ale Gt.eeiG response notifying the a pliGant that the petitioR is being p ec! AGeempanyiee that response .,ill bee. etfor the payment Rd the t GkdRg .. mber ..(i.e., XX2Q 2nnnnn) e«{eeea to the p This petitiop Lie.... mbe. sh RI-Ild be ..e.l a ell fUt Rde....e. e..liegth@ e Notice No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The Stormwater Plan will be reviewed by the D.a.^^i^e Q& Z@Ri g Development Review Division as a part of the Building Permit application or a code enforcement case. The Stormwater Plans are processed in conjunction with a Building Permit application or in order to address a code enforcement case. Updated 178 1 Page Revised: 12/20/2022 Packet Pg. 484 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / 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 W. ,:a See Chapter 81 for Stakeholder Outreach Meetings for Golf Course Conversions. Applicability This process applies to applicants seeking to convert 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. gSee Chapter 1 D. for additional information reaardina the Procedural steps for initiatina an application. 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 propertyowners' associations that could be affected by the application. S. 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 currentowner of the property and all encumbrances against the property. 8. Boundary survey (no more than six months old). 9. Property information, including: • a. Legal description; . b. Property identification number; . C. Section, township, and range; • d. Address of the subject site and general location; • e. Size of property in feet and acres; and • f. 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: . a. Legal description; 179 1 Page Revised: 12/20/2022 Packet Pg. 485 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • b. Property identification number; • c. Section, township and range; and • d. 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: • a. Any golf course acreage that was utilized to meet the minimum open space requirements for any previously approved project; • b. Existing preserve areas; . c. Sporadic vegetation less than % acre, including planted areas, that meet criteria established in LDC section 3.05.07 A.4; and • d. A matrix demonstrating the following as required in LDC section 5.05.15 G.3: a i_ For conventionally zoned districts: • a) County approved preserve acreage; and b) Any sporadic vegetation acreage used to meet the preserve requirementfor the conversion project. a ii. For PUDs: • a) County approved preserve acreage; and • b) Any County approved preserve acreage in excess of the PUD required preserve acreage that is used to meet the preserve requirementfor the conversion project. 14. Stormwater management requirementsas required by LDC section 5.05.15 GA. 15. Floodplain compensation, if required by LDC section 3.07.02. 16. Soil and/or groundwater sampling results, if available, as described in LDC sections 3.08.00 AAA and 5.05.15 G.6. 17. List of deviations requested, as described in LDC sections 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 submitted with Contents Required the Intent to Convert application and used during SOM presentations: for Presentations at SOMs 1. The Developer's Alternatives Statement as described in LDC section 5.05.15 C, including: • a. A narrative clearly describingthe goals and objectives forthe conversion project. 180 1 Page Revised: 12/20/2022 Packet Pg. 486 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures b. 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. c. 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. • d. Conceptual Development Plan Alternative: Aconceptual development plan consistent with LDC section 5.05.15 C.2.1b.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: • a. An Access Management Exhibit, identifying the location and dimension of existing and proposed access points and legal access to the site. b. A dimensional standards table for each type of land use proposed within the plan. a i_ Dimensional standards shall be based upon the established zoning district, orthat which most closely resembles the development strategy, particularly the type, density, and intensity of each proposed land use. a H. 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 CA. L. A plan providing the proposed location and design of the greenway (this may be included on the conceptual development plan): a i_ 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): • 1 The proposed location of passive recreational uses; • J Existing and proposed lakes, including lake area calculations; Preserve areas; Revised: 12/20/2022 1811 Page Packet Pg. 487 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • d Any structures or trails related to passive recreational uses; • J Greenway widths demonstrating a minimum average width of 100 feet and no less than 75 feet shall be identified every 100 feet; • 1 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; • gi 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 • ft Location of any proposed wall or fence pursuant to LDC section 5.05.15 G.2.f. • d. 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. A copy of the web -based survey; • b. The user-friendly website address where the survey will be available; and • c. The dates the survey will be available. Notice for the After the Intent to Convert application has been submitted, notice is required to inform Intent to Convert stakeholders of a forthcoming golf course conversion application. However, no mailing is Application required if the applicant chooses to withdraw the Intent to Convert application. <* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: For the purposes of this mailed notice, written notice shall be sent to property owners located within 1,000feet from the property line of the golf course. The notice shall be sent after the Intent to Convert application has been reviewed and 182 1 Page Revised: 12/20/2022 Packet Pg. 488 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 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: • a. Explanation of the intention to convert the golf course. b. 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. • c. 2 in. x 3 in. map of the project location. • d. 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 forthe 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 coupe name] to [brief description of the projectj. To access materials for the Stakeholder Outreach Meeting and participate in the web based visual survey, visit [user- friendly Ull 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. Updated 2021-143 183 1 Page Revised: 12/20/2022 Packet Pg. 489 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures O. Boat Lift Canopy - Administrative Review Reference LDC section 5.03.06 G. Applicability A boat lift canopy application is reauired for a coveringthat is aoplied to a boat lift over a leeally permitted dock facility. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Boat Lift Canopy Application" with the Development Review Division. G*See Chapter 1 D. for additional information regarding the procedural steps forinitiatina an application. Application The Boat Lift Canopy application must include the following: Contents 1. Applicant contact information. 2. Propertvinformation, including: a. Property identification number: b. Section, township, and range: c. Subdivision, unit, lotand block:and d. Address ofsubiectsite. 3. Current zoning and land use of subject property. 4. Survey, signed and sealed showing an existing, permitted, dock facility. S. Canopy Detail showing all dimensions. 6. Sample of the fabric for color review. 7. Addressine checklist. Notice No notice is reauired. Public Hearing No hearing is reauired. Decision Maker The County Manager ordesignee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed, and prepare a letter of determination utilizing the criteria identified in LDC section 5.03.06 G. Updated 184 1 Page Revised: 12/20/2022 Packet Pg. 490 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures P. Landscape Plans Reference LDC sections 4.06.00, 10.02.03, and 10.02.14. Applicability Landscape clans are required for any development application that pr000ses new reauired landscaping or proposes to modify the existing reauired landscaping. Pre -Application A Pre -application meeting may be required as a component of the submittal of the Site Development Plan (SDP). Site Improvement Plan (SIP). Subdivision Construction Plans and Plat Application (PPL) process, or any insubstantial change or amendment thereof. Initiation The applicant submits landscape plans to the Development Review Division as a component of a site development or subdivision application. Application Submittal Credentials: Pursuant to LDC section 10.02.03 DA, landscape drawings shall be Contents signed and sealed by a licensed landscape architect registered in the State of Florida. The landscape plan must be consistent with the site development plans and contain the following, as applicable: 1. North arrow, bar scale, and title information. 2. Labeled roadways, canals, and surrounding land uses. 3. The location of all Property lines. 4. The location of all proposed and existing buildings. S. The location of all easements and utility lines. 6. The location of access points, internal streets, and parking areas. 7. The configuration of pedestrian, vehicular, and bike circulation. 8. The location of light poles and the reauired separation from trees. 9. Adjacent outparcels, shopping center, or subdivisions, as applicable. 10. The location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. 11. Landscape legend. A landscape legend in matrix form which shall include: a. Graphic Symbol to indicate each type of plant material: b. Botanical name; c. Common name: d. Total number of each tvDe of Dlant material e. Height and spread of each tvoe of plant material: f. SDacing of each type of Dlant material: g. Native status: h. Drought tolerance rating: and L Type of mulch. Revised: 12/20/2022 185 1 Page Packet Pg. 491 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 12. The location and dimension of all proposed landscaped areas. with appropriate graphic symbols, including existing trees that are being credited toward the development's landscaping requirements. 13. The location and configuration of all special or textured paving areas. 14. The location of the interior vehicular use area landscaping. 15 The location and width of perimeter landscape buffers. 16. The location of terminal landscape islands. 17. The location of building perimeter landscaping. 18. Required details, such as tree staking and shrub planting, per accepted industry practices and standards. 19. Specify Florida #1 or better plant material. 20. Landscaping calculations for vehicular use areas, perimeter buffers. and building foundation areas. 21. On a separate plan sheet, attached to the landscape plan, the following elements shall be provided as part of the irrigation plan: a. Location of existing vegetation: b. Location of existing and proposed buildings, and other site improvements: c. Location of parking spaces, aisles, and driveways: d. Location of the water main, valve, and pump: e. Pipe sizes and specifications: f. Location of controller and specifications: g. Location of backflow Preventer.rain-sensing devices.a typical sorinklerzone plan indicating type specification, spacing, and coverage: and h. If drip irrigation or soaker hoses are proposed, their layout shall be shown. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Landscape Plans will be reviewed by the Development Review Division, btilizin the ................. Commented [H93]: Added to assistapplicantduring County's Native Tree and Plant list, as part of the Site Development Plan (SDP). Site review process. Improvement Plan (SIP), Subdivision Construction Plans and Plat (PPL) application, or any insubstantial change or amendment thereof. Collier County's Native Tree and Plant list is available to download as an Adobe PDF file on the County's website at httr)s://www.colliercountvfl.gov/home/showdocument?id=80940 Updated 186 1 Page Revised: 12/20/2022 Packet Pg. 492 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Q. Non -Residential Boat Dock Construction Reference LDC sections 5.03.06 H. and W03.06 1.3. _.......... ..... Commented [H94]: Added New Section per LDC section Applicability An evaluation of a non-residential dock construction is reauired in coniunction with a 5.03.06 H. and 13. site development plan submittal when protrusions for non-residential dock facilities are beyond specified limits established in LDC section 5.03.06 E. Pre -Application A pre -application meeting is not required. Initiation The applicant submits an "Evaluation of Non -Residential Dock Construction in Coniunction with Site Development Plan" with the Development Review Division as part of the Site Development Plan application for compliance with LDC section 5.03.06. Application The submittal must include the following: Contents 1. Applicant/Agent contact information. 2. Property information, including: a. Property identification number: b. Section, township, and range: c. Subdivision, unit, lot and block: and. e. Address of subject site. 3. Site information, including: a. Waterway width and where the measurement came from: b. Total property water frontage: c. Measurement of provided and required setbacks: d. Total protrusion of proposed facility into water: e. Number and length of vessels to use facility: and f. Additional dock facilities in close proximity of subiect property and the total rotrusion of each into the waterwa 4. Narrative description of the project. 5. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5 foot increments). 6. Pursuant to LDC section 5.03.06 I. a submerged resources survey, as applicable. 7. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the Proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterwav between the Droposed facilitv and the opposite bank or anv dock facilitv on the opposite bank 8. Site Plan illustrating the following: a. Lot dimensions: b. Required setbacks for the dock facility: Revised: 12/20/2022 187 1 Page Packet Pg. 493 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); d. Configuration, location, and dimensions of existing and proposed facility: e. Water depth where proposed dock facility is to be located: f. Distance ofthe navigable channel: e. Illustration of the contour of the property: and h. Illustration of dock facility from both an aerial and side view. 9. Narrative response to listed criteria/auestions. 10. For multi -slip dockfacilities with 10 or more slips, proof of a Manatee Protection Plan (MPPI was submitted or the County has issued a MPP consistency determination. 11. Signed and notarized affidavit by Property owner or agent. 12. Electronic copy of all documents. Notice None. Public Hearing None. Decision Maker County Manager or his designee. Review Process The Development Review Division will review the submittal, identity whether additional materials are needed, and prepare a letter of determination utilizing the criteria identified in LDC section 5.03.06 H. Undated 188 1 Page Revised: 12/20/2022 Packet Pg. 494 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures Chapter S. Subdivision Procedures The following applications and approvals listed in this Chapter are for subdivision procedures. 1891 Page Revised: 12/20/2022 Packet Pg. 495 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures A. Lot Split Reference LDC subsection 4.03.04 9 C. Applicability This sectiera procedure applies to the division of a lot, parcel, or lot of record into no more than two parcels. This applies to all unplatted or platted lots of record in any subdivision, and to all lots in the Estates zoning district. This procedure does not apply to Lot Line Adjustments or to lots of record combined for tax purposes alone. Pre -Application A pre -application meeting is not required. Initiation The applicant files an application for "Lot Split" with ol-,,.. ing & ZeRing Dep ..«.. ent the Development Review Division. <*See Chapter 1 D. foradditional information reaardina the procedural steps for initiating an application. Application Submittal Credentials: The survey shall be signed and sealed by a professional surveyor Contents and mapper registered to practice in the State of Florida. The application must include the following: 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Address of subject site and general location; f. Area of existing lot in sq. ft.; • g. Area of proposed lots in sq. ft.; and • h. Width of proposed lots calculated according to the LDC defined term for "lot measurement, width." 3. Property History Card, indicating the date the lot first appeared in the Property Appraiser's Recordsin its current configuration. 4. Recorded warranty deedto show the current ownership fromthe ClerkofCourts. S. A signed and sealed boundary surveyshowing existing and proposed lot dimensions, easements of record, and all structures on the subject property. 6. A drawing or survey showing location of proposed access, including the location of proposed access easements. 190 1 Page Revised: 12/20/2022 Packet Pg. 496 1O.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 7. Addressing checklist. 8. Affidavit of Authorization. 9. Electronic copies of all documents. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The 9RgiReeFiRg geFviGes Depa.t.AeRt Development Review Division will review the lot split application and will approve, approve with conditions, or denythe application based on the criteria established in LDC s6�bsection 4.03.04 4 C. Recording Within 12 months of approval, he applicant shall file record the approved lot split with the Property Appraiser Pr t"o Clerk of Courts ,nd ^.d ;it in the Official Land Records of Collier County. The lat split shall not be P ffPrtiv,- until it AFdPd Evidence of the approved lot split shall be provided to the Property Appraiser for their consideration and record -keeping. No development order or development permit for the propertvwill be approved until the lot split is recorded. A copy of the recorded documentshall be provided to the Growth Management Department. Updated 1911 Page Revised: 12/20/2022 Packet Pg. 497 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures B. Lot Line Adjustment Reference LDC s64section 4.03.04 A B. Applicability A lot line adjustment between contiguous lots or parcels, which may be platted or unplatted and under the same or separate ownership, may be requested to correctan engineering or surveying error orto allow an insubstantial boundary change between adjacent parcels. Initiation The applicant files a `Lot LineAdjustment (LLA)" application with the Plannipg gt ZeAiRg DePaAFReR Develooment Review Division. gSee Chapter 1 D. for additional information reaardina the Procedural steps for initiating an application. Pre -Application A pre -application meeting is required unless waived by the County Manager or designee. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Project name; . b. Legal description of each lot; • c. Property identification number of each lot; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and . g. Zoning designations of each lot. 4. A narrative describing the reason forthe lot line adjustment and proposed reconfiguration. S. An affidavit by all property owners that they consent to the lot line adjustment and resulting lot formation. The affidavit shall include the number of existing and resulting lots and that the lot line adjustment complies with the criteria set out in LDC section 4.03.04. The affidavit shall be signed by all property owners and include the following attachments: . a. Drawings that clearly show the original and the proposed configuration of the lots involved including acreages; • b. Lot width before and after, calculated according to the LDC definition of "lot measurement, width"; • c. Lot width provided to depth equal to that of minimum required front yard; • d. A table and drawing showing setbacks required bythe zoning district as they apply to the reconfigured lot; and 192 1 Page Revised: 12/20/2022 Packet Pg. 498 1O.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures • e. Copy of signed and sealed survey by a professional surveyor and mapper showing all structures on each lot or noted as "vacant" The existing and proposed setbacks shall be included on the survey. 6. A drawing or survey showing location of proposed access, including the location of proposed access easements. 7. Quitclaim Deed(s) or warranty deed (s). 8. Electronic conies of all documents. 9. Affidavit of Authorization. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The 9RgiReeFiRg SeFviGes ^'FeG%eF Development Review Division will approve, approve with conditions, or denythe lot line adjustment using the criteria in LDCsubsection 4.03.04 A B. T6m*n emcee DG S„tiSer6em n 03 nn n for r Recording Within 12 months of approval, t The applicant shall file the approved lot line adjustment affidavit, quitclaim deed(s) to complete the lot line adjustment, and exhibits with Clerk of Courts, and record it in the Official Land Records of Collier County. The lot line adjustment shall not be effective until it is recorded. A copy of the recorded document shall be provided to the Growth Management Department. Updated 193 1 Page Revised: 12/20/2022 Packet Pg. 499 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures C. Preliminary Subdivision Plat (PSP) C.1. Preliminary Subdivision Plat - Standard Reference LDC subsection 10.02.04 A and other provisions of the LDC. Applicability The preliminary subdivision plat (PSP) process is required for integrated phased developments7 but is otherwise an optional procedure for subdivision development. If an applicant chooses to submit a PSP, the applicant shall provide all of the submittal requirements. The PSP application shall be submitted for the entire property to be subdivided. Pre -application A pre -application meeting is required. Initiation The applicant files a "Preliminary Subdivision Plat Petition" with Planning °�^^ :g Departmen the Development Review Division. gSee Chapter 1 D. for additional information reaardina the procedural steps for initiatina an application. Application The application must include the following: Contents-fsr 1. Applicant contact information. orele Sutadia[sien Plats 2. Addressing checklist. 3. Property information, including; . a. Legal description; • b. GeRep,"QGAtiQn ,Rd s Address of subject site and general location; c. Metes and bounds description: • d. Section, township and range; . e. Size of plat in acres; • f. Number of lots and minimum lot size; and . g. Name of development:;. h. Zoning oetition number (Rezone. Conditional Use. and Site Development Plan), if applicable; and i. Source of utilities. 4. . Cover letter explaining the project or proyosedchanges. S. PUD Monitoring Schedule, if applicable. 6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200 ft., illustrating existing conditions and any site improvements. 7. Environmental Data Requirements. q See LDCsabsection 3.08.00A. 8. Traffic Impact Study, if applicable. :a See Chapter 78. of the Administrative Code. 194 1 Page Revised: 12/20/2022 Packet Pg. 500 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 9. Original petition number (PUD name and ordinance, rezone, conditional use, site development plan, etc.), if applicable. 10. Owner/agent affidavit as to the correctness of the application. 11. Historical/Archeological Survey or waiver, if applicable. 12. Conditional Use application, if applicable. 13. If ^^^•'^^; substitutions are requested, pursuant to LDC section 10.02.04 A.S, justification based on sound engineering ppiae+pak principles and practices shall be provided for each condition substitution. 14. Generalized statement of subsurface conditions on the property, location, and results of tests made to ascertain subsurface soil conditions and groundwater depth. 15. If Rat &WYOR OR the plaRs, t The zoning classification of the tract and all contiguous properties. 16. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 17. Electronic copies of all documents. 18. Affidavit of Authorization. Requirements for Submittal Credentials: The preliminary subdivision plat shall be prepared by the Preliminary applicant's engineer and professional surveyor and mapper. The boundary survey shall be Subdivision Plat signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The preliminary subdivision plat shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county with a north arrow, graphic scale, and date. 2. The name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. 3. Boundary survey, with bearings and distances as a written description with a reference to section corners. 4. The location and names of adjacent subdivisions and plat book and page reference, if any. S. A land plan with the following information identified: • a. Location, dimensions, and purpose of all existing and proposed streets, alleys, property lines, easements, and rights -of -way of record; • b. Existing streets and alleys of record adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary; c. Location of existing and proposed sidewalks and bike paths; 195 1 Page Revised: 12/20/2022 Packet Pg. 501 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures • d. Location of all existing and proposed utilities and related easements; • e. Location and purpose of existing drainage district facilities and their right-of-way requirements; • f. Location of existing and proposed watercourses, drainage ditches, bodies of water, marshes and wetlands; • g. Location ofexisting possible archaeological sites and other significant features; • h. The proposed layout of the lots and blocks; i_ The plan shall indicate whether the streets are to be public or private. Proposed street names shall be identified on all public and private thoroughfares; L Location of proposed sites for parks, recreational areas, and school sites or the like, in accordance with any existing ordinances requiringsuch a dedication; • k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated and the dimensions provided, if appropriate at this time; and • I_ Typical right-of-way and pavement cross sections shall be graphically illustrated on the plans and shall include but not be limited to the location of sidewalks, bike paths, and utilities. 6. Interconnectivity of local streets between developments shall be consistent with LDC section 6.06.01 B and GMP Objective 9. 7. Access Management Plan. All access provisions to the nearest public street(s) shall be identified, including all existing and proposed driveways. 8. Water Management Plan. The master water management plan shall outline the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management, and development of the subdivision. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the propertyto be subdivided shall be identified on the plan. The Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer shall include d8rainage data, assumed criteria, and hydraulic calculations, consistent with the criteria and design method established by the SFWMD in addition to the following information: shall he iaeluded iR the gRgi..ee✓S Re.....t The plan and reportshall include thepreliminary design GaiGulations r..diG@tdR r the R;ethe.d of dFaipage existipg wateF eleyati....SPeGWF�ipg high ..,@te.the .........&... de Si......,@tee eIeVa%iQA5 6I4. @ge 5461GtWeS pertaining to the Gnntrol of Mtn..n and ground water.Any Additional Infnrrnerinn g bmitte.d to SF%AI A4D shell also heprovided with the plans. a. For all developments, the following Stormwater related information: i. Completed calculations used to design the facilities, such as: road, water management systems, and all accessory facilities, public or private: 196 1 Page Revised: 12/20/2022 Packet Pg. 502 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures ii. Drainage calculations, including 10-year 1-dav: 25-year 3-day: 100-year 3-day storm routings; ill. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development: and iv. Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area. the Report must also contain the following: i. Estimated cost of utilities construction. Water and Sewer calculations: H. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations: v. Chloramine Dissipation Report: and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 9. Lot configurations. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. • a. For fee -simple residential lots, the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (i.e., Lots 1-20, single-family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures. In addition, for fee simple residential lots the illustration shall portray the location of typical units on atypical lots, such as cul-de-sac, hammerhead, and all irregular lots. . b. For non-residential lots (i.e., multi -family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks and building envelope. Setbacks required bythe approved zoning classification shall be provided verbatim on the plan in matrix form. `" heFe there is mo•eL than 9Re %ype of *g WRitPFOPOSed (i, siRgle family detaGhed, siRgle family aaGhed aeFe lot "Re), lots ... t be Ii. ked t the type, 9F %Ypes, of • L. A table shall be provided showing lot area and lot width for each irregular lot. Regular corner and interior lots may show only typical width and area. • d. Where there is more than one type of dwelling unit proposed (i.e., single-family detached, single-family attached, zero lot line), lots must be linked to the type, or types of unit which they are intended to accommodate. 197 1 Page Revised: 12/20/2022 Packet Pg. 503 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. • a. The plans shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. b. Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Servires Department Development Review Division will review the application, identify whether additional materials are needed and review the application based on the criteria in LDC&69asection 10.02.04A and other provisions of the LDC and shall approve, approve with conditions, or deny the preliminary subdivision plat. Updated 198 1 Page Revised: 12/20/2022 Packet Pg. 504 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures C.2. Preliminary Subdivision Plat Amendment (PSPA) Reference LDC subsection 10.02.04 A.4 and other provisions of the LDC. Applicability .. I Dr S11l9q..^ti,... 10 W nn This process applies to an amendment to an approved preliminary subdivision plat. Initiation The applicant files an 'Amendment to Preliminary Subdivision Plat (PSPA)" application with the ol,^^'^^ ° '^^'A^ Department Development Review Division. g5ee Chanter 1 D. foradditional information reaardina the procedural steps for initiatina an application. Pre -Application A pre -application meeting is not required. Application A preliminary subdivision plat amendment application must include the following, in Contents and addition to the Application Contents and Requirements for Preliminary Subdivision Plan. Requirements for as applicable. Preliminary Subdivision Plat gSee Chapter 5 C 1 of the Administrative Code. Amendments Submittal Credentials: The preliminary subdivision plat amendment shall be prepared by the applicant's engineer and sigRe' @Ad scale' b ^ professional surveyor and mapper. ^Fed;^ the State Qf P^.I.1 The boundary survey shall be signed and sealed by a Drofessional survevor and mapper reeistered in the State of Florida. Sheet size: The preliminary subdivision plat amendment shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PSP Number (original PSP number). S. Cover letter describing the proposed changes. 7 Revised plat. 4 DI III I.A....it...i..g C..I.ed6ll.. if a ..IiPRl.I.. Notice No notice is required. Public Hearing No public hearing is required. 199 1 Page Revised: 12/20/2022 Packet Pg. 505 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures Decision Maker The County Manager or designee. Review Process The Engineering ServiGes Department Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC &4bsection 10.02.04 A.4 and shall approve, approve with conditions, or denythe amendment to the preliminary subdivision plat. Updated 200 1 Page Revised: 12/20/2022 Packet Pg. 506 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures D. Construction Plans and Final Subdivision Plat (PPL) D.1. Construction Plans and Final Subdivision Plat - Standard Reference LDC s64sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Applicability The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a required process prior to development and recordingof a subdivision where improvements are required. q See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) — when improvements are not required. q See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) — when there are only improvements and no platting or recording is required. Pre -Application A pre -application meeting is required for a Construction Plans and Final Subdivision Plat Meeting application. The following information is beneficial to bring for discussion at the pre - application meeting: Written and mapped information describing: 1. A brief description of the land subject to the application and existing conditions. 2. Existing and proposed zoning classifications. 3. The proposed development— includethe property subjecttothe application and any future phases. 4. Existing covenants or restrictions. S. Location of utility facilities, public facilities, and anticipated utility sources. 6. Water retention areas. 7. Public areas. 8. General soil characteristics. 9. Proposed number of parcels, lots, or tracts. 10. Typical lot or other parcel configuration. 11. Current aerial photograph with a clear film overlay with the proposed subdivision configuration superimposed on the aerial photograph. Aerials and overlay information must be legible at the scale provided. 12. Any other information needed to prepare and review of the application. 13. A map, at a scale of at least 1 in. =200 ft., identifying the following: • a. Location of the subject propertyand identification of adjacent lands; . b. Approximate acreage; • c. Date of map; • d. North arrow and scale; Revised: 12/20/2022 201 1 Page Packet Pg. 507 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures ► e. Natural features such as native habitat identified by vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies, streams, lakes, canals or the like; ► f. Streets and layout of all adjoining streets; • g. General lot and block layout; ► h. Zoning classification of the property subject to the application and adjacent properties; • i_ Location of existing improvements; and ► L Any other significant features. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning '^^I^m Development Review Division. Pursuant to LDC s60asection 10.02.04 B.6, site development plans may be submitted for review once the first reviewcomments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. CgSee Chapter 1 D. foradditional information regarding the Procedural steps for initiating an application. Application The application must include the following: Contentsfef r....�«.,,,..:,.., 1. plans Applicant contact information. ;; d Final 2. Addressing checklist. fuladi.'dcion Plat �'�" 3. Property information, including: a. Zoning district; • b. Property identification number; C. Project name; • d. Section, township and range; e. Subdivision, unit, lot and block; and • f. General location and cross streets. 4. Zoning designation of subject property. 5. PUD Monitoring Schedule and Report, if applicable. 6. Digital file of conditional use or PUD application, if applicable. 7. Cover letter explaining the project. 8. PUD Ordinance and Development Commitment Information, as applicable. 9. ^..•pep. A, ep% Affidavit ARd ruddeRpe Af A„theFi%y Affidavit of Authorization. 10. Opinion of title. 202 1 Page Revised: 12/20/2022 Packet Pg. 508 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 11. Letter of intent as to the timeline for construction and platting. 12. Home Owner Association documents, if applicable. 13. An aerial photograph. All information must be legible at the scale provided. 14. Certificate of Public Facility Adequacy application. 15. Fire Flow test. 16. Zoning Data Sheet, including: • a. Name of Plat (and PUD, if applicable); • b. Development Standards per LDC or PUD; • C. Overall subdivision layout; • d. Table showing lot area and lot width for regular, interior and irregular lots; • e. Density, as allowed by zoning district; • f. For Residential lots: a i. Type of unit identified by LDC definition and description of what is permitted on each lot; a iii. Drawing of typical unit or typical interior and corner lots, showing setbacks, including preserve setbacks) and separation from structures; and a iii. Lot layout and setbacks, particularly for the unique lots. • g. For Non -Residential lots: a I. Identification of setbacks and building envelopes. 17. Historical/Archeological Survey or waiver, if applicable. 18. Environmental Data Requirements.GSee LDCsugsection 3.08.00A. 19. Traffic Impact Study. Ca See Chapter 7 B. of the Administrative Code. 20. School Impact Analysis, for residential projectsonly. 21. Information and data relating to previouszoning actions affecting the project site. 22. Utility letters of availability and plat easement approval letter for utility easements, if applicable. 23. GngineeF'S oelagn including; The Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer shall include the following: r..mplete GaIG, Qd t...dpg6gp %he faG61 6es RG!WdiAg b6it pot 16...44 te all faGil'tes, 'EMI'.. ' eF ' systems, 9 Detailed 1.ydrai liG desi..e Ga!Guletinn. u ♦i WAad to dp;mgn the water 203 1 Page Revised: 12/20/2022 Packet Pg. 509 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures ERgiReeFiRg Reyie.. Ghee Lust sed @R d sealed by the plicaRt's professional Engineer, Engineers Opindee of a ebable Best; and ctetug of all othe.. e.d eeFm*%s l..e161diRg eeeleS of iefQFMatRR @RGI submitted to the appropriate permitti. a. For all developments, the following Stormwater related information: i. Completed calculations used to design the facilities, such as: road, water management systems, and all accessory facilities, public or private: ii. Drainage calculations, including 10-year 1-day: 25-year 3-day: 100-year 3-day storm routings: iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development: and iv. Status of all other reauired permits including copies of information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area. the Report must also contain the following: i. Estimated cost of utilities construction. Water and Sewer calculations: ii. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations: v. Chloramine Dissipation Report: and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 24. Vegetation Removal and Site Filling permit (VRSFP), if requested. • a. Provide separate acreage calculations for each phase of clearing requested; • b. If clearing or filling lots and building sites, with or without stockpiling, a separate VRSFP application shall be submitted, pursuant to LDC siasection 4.06.04.A.2; and • c. A site clearing plan. C*See Requirements for Construction Plansfor more information. 204 1 Page Revised: 12/20/2022 Packet Pg. 510 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 25. ProoertvOwnership Disclosure Form. 26. Permits: All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. • a. SFWMD Permit, Permit Modification, or waiver, including staff report exhibits; • b. DEP utility installation permits, water/sewer; and • C. US Army CAFeCorps of Engineers permit and exhibit, if applicable. 27. Electronic copies of all documents. Requirements for Submittal Credentials: The construction plans shall be signed and sealed by the Construction Plans applicant's professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The following are required to identify and provide on the construction plans: 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 2. Construction plans with specifications detailing/showing: • a. Complete configurations of all required improvements including, but not limited to, all water, sewer, roads, water management systems, and all appurtenant facilities, public or private; . b. Complete calculations used to design these facilities shall be included with the plans; and • c. If the development is phased, each phase boundary shall be clearly delineated. 3. Soil Erosion and Sediment Control Plan. Ca See Chapter 7 D. of the Administrative Code. A \/ege+etien RemQwil Aerl S64o Filling permit (VRSPo)OF requested by applicant IF rle@FiRg 9F filli g outside I..Fr@r+r6irWFe i erl the plans shall rIiFFerenti;itea clearing elan (using haul ing and legend)) .e rle AriRg and steFage of Fall as allowed by VRSFP 4. Additional plans included in the construction plans packet: a. Streetlight plans signed and sealed by a professional engineer licensed to practice in the State of Florida or the utility provider: and 205 1 Page Revised: 12/20/2022 Packet Pg. 511 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures b. Landscape plans. C->See Chanter 4.P of the Administrative Code for Landscape Plan submittals. 5. Preserve Management Plan, including a Native Vegetation Retention/Mitigation Plan, if requested by applicant. 6. Boundary and topographic survey, less than six months old. 7. Site Clearing Plan, including a vegetation inventory. • Areas where improvements are to be constructed with a maximum limit of 10 feet beyond any approved rights -of -way line or 5 feet beyond any easement line. 8. Design sections, i.e., cross sections of roads, lakes, berms, and lots. 9. Construction details showing compliance with applicable federal, state, and local standards. 10. For required improvements which will be constructed within an existing easement, the existing easement and facilities and the proposed easement and facilities shall be illustrated. • The applicant shall provide copiesof the plans to the holder of the easement(s) simultaneously with its submission of the application to the county. 11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage, utilities, sidewalks, bike paths, and any unique situations. 12. Benchmark, based on NOAA datum NAVD 13. Locations of test borings of the subsurface condition of the tract to be developed. 14. The construction plans and attachments shall address special conditions pertaining to the subdivision in note form on the construction plans, including statements indicating: • a. Compliance with federal, state, and local standards as currently adopted; • b. Source of water and sewer service; and • c. Required installation of subsurface construction such as water lines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. Requirements for Submittal Credentials: The water management plans and specifications in reportform Water shall be signed and sealed by the applicant's professional engineer licensed to practice in Management for the State of Florida The Water Management plans and specifications shall include, but not Construction Plans be limited to, the following: 1. A topographic map of the land development related to 49t4 NAVD and NGVP with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. The infor y be shown resere. Gpd w 1 dat, irn with AQtA OR thA 91.eet ligtiAg a Sit@ Gi fiG @961@tiQA fQF detAFMi. iAg thO OF@deS �.. the Ath'-F datum, 206 1 Page Revised: 12/20/2022 Packet Pg. 512 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 2. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or designee. All ridges lying within the basins and the area of the basins stated in acres, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. 3. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. 4. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the SFWMD. This includes routings for the 10-vr.25-yrand 100-yrstorm events. S. Pipe sizing calculations forthe site. 6. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. 7. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. 8. For projects that require a construction permit to be issued by the SFWMD, work shall not commence until the applicant has provided the County Manager or designee a copy of the permit ^- aR aGGeptable " ^•b• •• epk" ^ 9. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade elevations at all lot corners and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. 10. Construction plans for all subdivisions, @FAPRdMQRt9 and ^'^^S shall include a general note stating that all off -site drainage improvements associated with the current phase of development, including perimeter berms, swales, stormwater outfall systems and on -site perimeter swales shall be completed and operational priorto commencement of construction of on -site improvement. • a. This requirement shall be established at the mandatory pre -construction r..^^ErPn�n .P meeting. Failure to comply with completion of the required offsite improvements will result in a stop work order being issued until such time as the projectis brought into compliance with this requirement; and • b. The Engineer of record priorto final acceptance shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. Requirements for Submittal Credentials: The final subdivision plat shall be signed and sealed by a Final Subdivision professional surveyor and mapper registered in the State of Florida. Plats 207 1 Page Revised: 12/20/2022 Packet Pg. 513 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures Sheet size: The final subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets of mylar or other approved material in conformance with F.S. Ch. 177, drawn to scale. The final subdivision plat shall include at a minimum the following requirements: 1. The final plat shall be prepared in accordance with the provisions of F.S. Chapter 177, as may be amended. 2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. 3. Name of subdivision. The plat shall have a title or name acceptable to the County Manager or designee. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carry the same name as the existing subdivision and as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the nam,- of the gubdi viginn iq not ith the utilized for any zaning aGtian for the subjert property, ageaeeal A note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. 4. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision. The subtitle shall include the name of the county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. S. Description. There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and shall be so complete that from it without reference tothe map the starting point can be determined and the boundaries identified. 6. Index. The plat shall contain a sheet index on page 1, showing the entire subdivision on the sheet indexing the area shown on each succeedingsheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. When more than 1 sheet shall be used to accurately portray the lands subdivided, each sheet shall show the particular number of that sheet and the total number of sheets included as well as clearly labeled match lines to each sheet. 7. Survey data. The final plat shall comply with F.S. Ch. 177, and shall show the length of all arcs together with central angles, radii, chord bearing, chord length and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement, required conservation or preserve area and all other like or similar areas shown on the plat or within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: a. The cover sheet or first page of the plat shall show a location plan, showing the subdivision's location in reference to other areas of the county; 208 1 Page Revised: 12/20/2022 Packet Pg. 514 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures • b. The scale, both stated and graphically illustrated, on each graphic sheet; • c. A north arrow shall be drawn on each sheet that shows the geometric layout and the configuration of the property to be platted. The north direction shall be at the top or left margin of the map where practicable; • d. The minimum size for any letter or numeral shall be 1/10 inch; • e. The points of beginning and the commencement shall be boldly shown for any metes and bounds description; • f. All intersecting street right-of-way lines shall be joined by a curve with a minimum radius of 25 feet; • g. All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated; • h. Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended, and shall be installed priorto recording of the final plat; • i_ There shall be reserved a space in the upper right-hand corner of each sheet for the words "Plat Book ---- "and "Page _______... with the minimum letter size of/<inch. On the line directly below, a space for "Sheet , • L The map shall mathematically close and when practical shall be tied to all section, township and range lines occurringwithin the subdivision by distance and bearing where applicable; and • k. All line and curve tables are to be shown on the same sheet as the graphic drawing they relate to. When possible, dimensions shall be shown directly on the map. 8. Lot and block identification. Each lot, block, or other like or similar parcel, however described, shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block, not necessarily starting with the number "1" or letter "A." Parcels and blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 9. Protected/Preserve easements. All parcels which constitute a protected/preserve area shall be labeled as an easement or tract. All protected/preserve area easements or tracts shall be dedicated on the final subdivision plat to Collier County without the responsibility for maintenance and to a propertyowners' association or similar entity with maintenance responsibilities. 10. Street names. The plat shall contain the name of each street shown on the plat in conformance with the design requirements of this section. 11. Utilities. The construction plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. • Copies of the construction plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. 209 1 Page Revised: 12/20/2022 Packet Pg. 515 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 12. Outparce Is. All interior excepted parceIsshalI be clearly indicated and labeled "Not a Part of this Plat." 13. Rights -of -way and easements. All right-of-way and easement widths and dimensions shall be shown on the plat. All lots must have frontage on a public or private right-of- way in conformance with the LDC. Exceptions to lot frontage requirementsare identified in LDC section 4.03.04. 14. Restrictions, reservations, and restrictive covenants. Restrictions pertaining to the type and use of water supply, type and use of sanitary facilities; use, responsibility of maintenance and benefits of water or water management areas, canals, preserve and conservation areas, and other open spaces; odd -shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to official record bookand page numbers in the public records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. 15. Location. The name of the section, township, range, and if applicable city, town, village, county and state in which the land being platted is situated shall appear under the name of the plat on each sheet. If the subdivision platted is a resubdivision of a part orthe whole of a previously recorded subdivision, the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. 16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed North," etc., and must be based on a well-defined line. 17. Existing or recorded streets. The plat shall show the name, location, and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances. 18. Private streets and related facilities. All streets and their related facilities designed to serve more than 1 property owner shall be dedicated to the public use; however private streets shall be permitted within property under single ownership or control of a property Home Owners' Association a condominium or cooperative association or other like or similar entity. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without responsibility to the county or any other public agency. The rights -of -way and related facilities shall be identified as tracts for roads and other purposes under specific ownership. All private streets shall be constructed in the same manner as public streets and the submission of construction plans with required information shall apply equally to private streets. 19. Preserve Setbacks. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right- of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be 210 1 Page Revised: 12/20/2022 Packet Pg. 516 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. g5ee LDC section 6.01.02 forfurther information. 20. Certification and approvals. The plat shall contain, exceptas otherwise allowed below, on the first page (unless otherwise approved by the 9RgiRe@FiRg S@FYFGe& PgFPrWF County Manager or Designee and office of the county attorney prior to submittal) the following certifications and approvals, acknowledged if required by law, all being in substantially the form set forth in Appendix C to the LDC. The geometric layout and configuration of the propertyto be platted shall not be shown on the page(s) containing the certifications, approvals and other textual data associated with the plat when practical. a. Dedications. The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat. All areas dedicated for use by the residents of the subdivision shall be so designated and all areas dedicated for public use, such as parks, rights -of -way, easements for drainage and conservation purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the Board of County Commissioners. No dedication items shall be included in the general note for the plat; b. Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees' consents and approvals of the dedication shall be required on all plats where mortgages encumberthe land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deeds are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president, vice-president or chief executive officer. At the applicant's option, mortgagee's consents do not have to be included on the plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat recording submittal; C. Certification of surveyor.The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat was prepared under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, part I, as amended. The certification shall also state that permanent reference monuments (P.R.M.), have been set in compliance with F.S. chapter 177, part I, as amended, and this section, and that permanent control points (P.C.P.$) and lot corners will be set under the direction and supervision of the surveyor prior to final acceptance of required improvements. Upon installation of the P.C.P.s, the surveyor must submit to the County Manager or designee written certification that the installation work has been properly completed. When required improvements have been completed priorto the recording of a plat, the certification shall state the P.C.P.s and lot corners have been set in compliance with the laws of the State of Florida and ordinances of Collier 2111 Page Revised: 12/20/2022 Packet Pg. 517 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures County. When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this section, the required improvements and performance guarantee shall include P.C.P.s; • d. Surveyor's seal. The surveyor of record shall sign and seal copies of the plat submitted for approval; • e. Signature block for county attorney. The plat shall contain the approval and signature block for the county attorney; • f. Signature blockfor Board of County Commissioners and clerkof circuit court. The plat shall contain the approval and signature block for the Board of County Commissioners and the acknowledgement and signature block of the clerkof circuit court; g. Evidence of title. Atitle certification or opinion of title complying with section 177.041, F.S., must be submitted with the plat. The evidence of title provided must state or describe: (1) that the lands as described and shown on the plat are in the name, and record title is held by the person, persons or organization executingthe dedication, (2) that all taxes due and payable at the time of final plat recording have been paid on said lands, (3) all mortgages on the land and indicate the official record book and page number of each mortgage. The evidence of title may, at the applicant's discretion, be included on the first page of the plat, so long as the information required by section 177.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed; and h. Instrument prepared by. The name, street and mailing address of the natural person who prepared the plat shall be shown on each sheet. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)." Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Engineering ServiGes Department Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC s69asections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application will be 212 1 Page Revised: 12/20/2022 Packet Pg. 518 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures considered withdrawn and cancelled. Further review of the project will require anew application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. Pre -Construction A pre -construction meeting shall be scheduled with the 9RgineeFiRg 5eFviGes PepaF .. eRt Meeting Development Review Division prior to the commencement of construction. All Federal, d See Chanter 1 D.9 for additional information regarding the pre -construction meeting requirements. Re -submittal of Upon re -submittal of construction plans and final subdivision plat, the engineershall Construction Plans identify all revisions to the construction plans by lettering or numbering; the surveyor and Final shall identify all revisions to the plat by highlighting the current revisions. The applicant Subdivision Plats shall also provide a written response to the county's comments, responding to each comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance, the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. cg5ee Chapter 5 G. of the Administrative Code, Updated Revised: 12/20/2022 213 1 Page Packet Pg. 519 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures D. 2 Construction Plans and Final Subdivision Plat Amendment (PPLA). Reference LDC section 10.02.04 B and other provisions of the LDC. Applicability This process applies to amendments to a Board approved Construction Plans and Final Subdivision Plat, but prior to the recordation. Initiation The applicant files a "Subdivision Construction Plans and Plat Amendment fPPLA)" application with the Development Review Division. g5ee Chapter 1 D. foradditional information reaardina the procedural steps for initiatina an application. Pre -Application A pre -application meeting is required - Application A Construction Plans and Final Subdivision Plat Amendment application must include the Contents and following, in addition to the Application Contents and Reauirements for Construction Reauirements for Plans and Final Subdivision Plat, as applicable. C*See Chapter 5 D.1 of the Administrative Construction Plans Code. and Final The application must include the following: Subdivision Plat Amendments 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PPL Number (original PPL number). 5. Cover letter describing the proposed changes. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Development Review Division will review the application, identify whether additional materials are needed and reviewthe application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat amendment aoolication will remain under reviewso long as a resubmittal in response to a county reviewer's comments is receivedwithin 270days ofthe date on which the comments were sent to the applicant. If a response is not received within this time, the application will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. Pre -Construction A pre -construction meeting shall be scheduled with the Development Review Division Meeting priorto the commencement of construction. Gq See Chapter 1 D.9 for additional information regarding the pre -construction meetina requirements. 214 1 Page Revised: 12/20/2022 Packet Pg. 520 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures Re -submittal of Upon re -submittal of construction plans and final subdivision plat, the engineer shall Construction Plans identify all revisions to the construction plans by lettering or numbering: the surveyor and Final shall identify all revisions to the plat by highlighting the current revisions. The applicant Subdivision Plat shall also provide a written response to the county's comments, responding to each Amendments comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance, the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents: and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum). with United States Survey Feet (USFEET) units: as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format: information lavers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL.edge-of-Davement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All Property information (parcels, lots, and requisite annotation) shall be drawn on a uniaue information laver, with all linework pertaining to the Property feature located on that laver. Example: parcels —All lines that form the Parcel boundary will be located on 1 Parcel laver. Annotations pertaining to Property information shall be on a unique laver. Example: lot dime nsions— Lottxt laver. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any Phase of a Proiect reauiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F. C*See Chapter 5 G. of the Administrative Code Updated Revised: 12/20/2022 215 1 Page t0 N N N N O N O N N r U d U U L O 4— u) N ca rV O U m r L Q d > C L d L Q E O U c w E t v .r Q Packet Pg. 521 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures D.2.3. Final Subdivision Plat- For Townhouse Fee Simple Development Reference LDC sebsections 10.02.04.E and 10.02.04 C and other provisions of the LDC. Applicability For final subdivision plat incorporating a townhouse development on fee simple lots, the additional application contents identified below shall be provided with the final subdivision plat application. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with P'@RRiRg-x 7^^'^�A Development Review Division. Pursuant to LDC subsection 10.02.04 B.6, site development plans may be submitted for review once the first reviewcomments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. g5ee Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application A Townhouse Fee Simple Development application must include the following, in addition Contents to the Application Contents and Requirements for construction plans and final subdivision plat. ,."a See Chapter 5 D.1 of the Administrative Code. Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The final subdivision plat shall be prepared by a professional surveyor and mapper registered in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. Sheet size: The construction plans and final subdivision plat shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. 1. A coversheetwhich includes: a. Applicant contact information; • b. The name of the development; • c. The zoning district; d. PUD Ordinance and Development Commitment information; • e. Legal description of the subject property, both prior to and oRo. lea; and f. A location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 216 1 Page Revised: 12/20/2022 Packet Pg. 522 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures n [.... gi.deRtiRl .. 61bj@Gt t the PFGYqSqGRSGf LPG 9PGtiQR 10 nn no ' d ple%e SGheel irnpa Gt Analysis (SIA) nl i ration le Gation rn d n review Foe 5 2. The following information in table format: • a. Total site acreage; . b. Total square footage of impervious area, including all parking areas, drive aisles, internal streets, and the percentage of impervious area of the total site area; • c. Total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed; • d. All required and provided setbacks and separations between principal and accessory structures; . e. Maximum building height allowed by zoning district and height proposed; • f. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement; • g. A parking summary, showing number of spaces required, and number of spaces provided; and . h. Preserve area required and provided;, 6 3. A Site Plan illustrating the following: • a. Name and alignment of existing/proposed rights -of -way of all streets borderingthe development; • b. Name and alignment of existing/proposed rights -of -way forall internal streets and alleys; . C. Location of all existing driveways or access points of the opposite sides of all streets borderingthe development; • d. Location of all traffic calming devices; . e. Location and configuration of all development ingress and egress points; • f. Location and arrangements of all proposed principal and accessory structures; . g. Directional movement of internal vehicular traffic and its separation from pedestrian traffic; • h. Location of emergency access lanes, fire hydrants and fire lanes; . i_ Location of all handicapped parking spaces; • L Location of trash enclosures or compactors, if applicable; . k. Location and proposed heights of proposed walls or fences; • I_ Location of sidewalks and pathways designed in accordance with LDC section 6.06.02; 217 1 Page Revised: 12/20/2022 Packet Pg. 523 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures • M. Location of residential off-street parking in accordance with LDC subsection 4.05.04 D.1; • n. Location of all required preserves with area in square feet, and • o. Any additional relevant information as may be required by the County Manager or designee. 4. ProvertvOwnership Disclosure form. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The FRgi. eeFiAggeFVaGegDep..t.. ept Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the townhouse construction plans and final subdivision plat application will remain under reviewso long as a resubmittal in response to a county reviewer's comments is received within 270days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application review will be considered withdrawn and cancelled. Further review of the projectwill require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. Pre -Construction A pre -construction meeting shall be scheduled with the ImAginnn.in.. gerviGes DepaFtmnnt Meeting Development Review Division prior to the commencement of construction. All Federal, State, MI-PtiRg.if a ed by the GeuRty PAaRageF .designee, an plip submit Federal, State and local agenGy then Gd See Chapter 1 D.9 for additional information regarding the pre -construction meeting reauirements. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American 218 1 Page Revised: 12/20/2022 Packet Pg. 524 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dime nsions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee priorto commencing development within any phase of a project requiringsuch permits. Recording Process The Townhouse Construction Plans and Final Subdivision Plats shall be recorded pursuant to LDC subsection 10.02.04 F. CgSee Chapter 5 G. of the Administrative Code. Updated Revised: 12/20/2022 219 1 Page Packet Pg. 525 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures E. Construction Plans (CNSTR) E.1. Construction Plans -Standard Reference LDC s69asection 10.02.04 E. Applicability This procedure applies to construction improvements which do not require platting or recordation of land. Pre -application A pre -application meeting is required. Initiation The applicant files an "Application for Construction Plans (CNSTR)" with the Planning '^^'^�E Develooment Review Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Legal description; b. Property identification number; • C. Section, township and range; • d. Subdivision, unit, lot and block; e. Project name; and • f. General location. 4. Cover letter, briefly describing the project. S. Streetlight plans, signed and sealed by a professional Engineer. licensedto Practice in the State of Florida. 6. Landscape plans. pSee Chapter 4.P of the Administrative Code for Landscape Plan submittals. 7. Professional engineer's report. 8. Construction Plans. 9. Professional engineer's opinion of the probable construction rngts ^r rontr,rt W Vie. 10. Electronic copies of all documents. Requirements for GSee Chapter 5 D.1 - Construction Plans and Final Subdivision Plat section of the Construction Plans Administrative Code for the construction plans and water management plan requirements. 220 1 Page Revised: 12/20/2022 Packet Pg. 526 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. The streetlight plans shall be signed and sealed by an irrigation designer or landscape architect registered in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Ii^^'ReeFiRgSeFv*GesPepaAFAeRt Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection 10.02.04 E and shall approve or deny the application. Once submitted for review, the construction plans application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre -Construction A pre -construction meeting shall be scheduled with the Fpgdi.eepdpg gepviGes Dee AmeRt Meeting Development Review Division prior to the commencement of construction. AIIAII Pedepa1^..I, ctat.. @Rd IOG@l PPFR;it9shall L... A-Ib Mittel ..GQR9#11GtiQR Rd hefoFe the pFe r,ongrurAinn meeting. if approved by the County Manager or designee, an appliGant FRaV pSee Chapter 1 D.9 for additional information regarding the are -construction meeting requirements. Digital Submittal Requirements GGMPk@RG@ the applicant Shall 66119WIt th@ f..11..,.,R gi �ti#elle�a�ng approval Following approval by the County Manager or designee, the applicant shall submit the `ytheCou` t following: Manager or designee 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be 221 1 Page Revised: 12/20/2022 Packet Pg. 527 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL, edge -of -pavement —EDP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Updated 222 1 Page Revised: 12/20/2022 Packet Pg. 528 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures E.2. Insubstantial Change to Construction Plans (ICP) Reference LDC &"sections 10.02.04 B.5 and 10.02.05 A.5 Applicability Approved construction plans may request minor or insubstantial changes due to site inspections and/or unexpected conditions that warrant changes to the plans. All changes must be noted on the record drawings. No changes to the final subdivision plat are permitted. Pre -application A pre -application meeting is required unless waived by the County Manager or designee. Initiation The applicant files an 'Application for Insubstantial Change to Construction Plans" with the D1@RRiRg 91 ZORiR ^ Pep@FtmeRt Development Review Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an aoolication. Application Submittal Credentials: Construction plans for all of the improvements required shall be Contents signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Project information, including: • a. Assigned Planner; b. Project name; • C. Original c^o�/clor CNSTR/PPL number; and d. Section, township and range. 4. Determination (i.e. email correspondence) from the County Manager ordesignee that confirms the followings -eke proposed revisions to PPL; or CNSTR, cno�CID are consistent with the insubstantial change criteria; and S. Cover letter describing in detail the requested changes and identification of the sheet number and the plans affected by the requested change. The cover sheet shall be signed and sealed and include the following information: • a. Project Title; b. Reference the project is an Insubstantial Change for PPL; or CNSTR; 949 erUp; • c. Zoning Designation; 223 1 Page Revised: 12/20/2022 Packet Pg. 529 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures • d. Vicinity map clearly identifying the location of the development; and • e. Property information, including: a i_ Legal description; and a ii. Property identification number. 6. The Engineer's Report with Assumotions and Explanations signed and sealed by a Florida registered professional engineer shall include the following: a. For all develooments, the following Stormwater related information: i. Completed calculations used to design the facilities, such as: road, water management systems, and all accessory facilities, public or private: ii. Drainage calculations. including 10-year 1-day: 25-year 3-day: 100-year 3-day storm routings: iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development: and iv. Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area. the Report must also contain the following: L Estimated cost of utilities construction, Water and Sewer calculations: ii. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations: v. Chloramine Dissipation Report: and vi. Detailed hvdraulic design calculations utilized to design water and sewer facilities regulated by the Coun Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The FRgiReeFiRg c^- iGeA DepaAmeRt Development Review Division will review the application and identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 and 10.02.05 and any other applicable LDC sections. 224 1 Page Revised: 12/20/2022 Packet Pg. 530 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures Once submitted for review, the insubstantial change application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre -Construction A pre -construction meeting shall have occurred with the E..,,;nee r ng Sery Ges Depa.....eR Meeting Development Review Division prior to the initial commencement of construction. q See Chapter 1 D.9 for additional information regarding the are -construction meeting reguiremen ts. Updated 225 1 Page Revised: 12/20/2022 Packet Pg. 531 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures F. Minor Final Subdivision Plat (FP) Reference LDC s64section 10.02.04 D. Applicability This procedure applies to a minor final subdivision plat. A minor final subdivision plat generally does not require improvements, a construction maintenance agreement, a security performance bond, or phasing. Pre -application A pre -application meeting is required unless waived by the County Manager or designee. Initiation The applicant files a "Minor Subdivision Plat Application" with theme g DepaF#AeR Develooment Review Division. gSee Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. PUD Ordinance and Development Commitment Information. 4. Property information, including: • a. Legal description; • b. Property identification number; • c. Project name; • d. Section, township and range; • e. Subdivision, unit, lot and block; and • f. Total acreage. S. Current zoning designation of subject property. 6. Cover letter briefly explaining the project. 7. PUD Monitoring Schedule, if applicable. 8. Owner/agent affidavit as to the correctness of the application. 9. Signed and sealed Plat, less than 6 months old. 10. Signed and sealed boundary survey, less than 6 months old. 11. G odpncp of nuthnri. Affidavit of Authorization. 12. Zoning Data Sheet. 13. Certificate of Adequate Public Facilities application, if applicable. 14. School Impact Analysis application, if applicable. 15. Property Ownership Disclosure Form. Final Subdivision gSee Chapter D.1 -"Requirements for Final Subdivision Plat" within the Construction Plat Requirements Plans and Final Subdivision Platsection of the Administrative Code. 226 1 Page Revised: 12/20/2022 Packet Pg. 532 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures Submittal Credentials: Minor final plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The final subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets, drawn to scale. Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision Maker The County Manager or designee will Provide a recommendation to the BCC. Review Process The 9n^'^^^F'ng9eFviGeSPepaAmen` Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve, approve with conditions, or deny the minor final subdivision plat. Once submitted for review, the minor final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for reviewwill be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide recommendation to the BCCReaFd e€ County Commissioners to approve, approve with conditions, or deny the minor final subdivision plat. Digital Submittal After the minor final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property 227 1 Page Revised: 12/20/2022 Packet Pg. 533 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Recording Process The minor final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F. G>See Chapter S G. of the Administrative Code Updated Revised: 12/20/2022 228 1 Page Packet Pg. 534 1O.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures G. Plat Recording Reference LDC s64section 10.02.04 F. Applicability This procedure is to ensure proper legal description, identification, documentation, and recording of real estate boundaries. This procedure occurs after approval of the final subdivision plat by the BCC. No building permit for habitable structures shall be issued prior to approval by the BCC and recordation of the final subdivision plat, exceptas identified in LDC sections 5.05.04 and 10.02.04 B.6. Pre -Application A pre -application meeting will have occurred at the time of submittal of the construction plans and final subdivision plat or minor final subdivision plat. Initiation The applicant files an "Application for Plot Recording (PR)" with the Engineering Services Departmen Development Review Division. CgSee Chapter 1 D. foradditional information reaardina the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Original PPL number. 3. Construction and Maintenance Agreement. 4. Original sepia mylar of the final subdivision plat:�ith � Ssurveyor's certification that the mylar contains no revisions from the most recentsubmittal of the final subdivision plat to the F....ipeeriAg gerviGe& Development Review Division. 5. Pursuant to LDC s64section 10.02.04 F.3, an original title opinion from an attorney licensed to practice in the State of Florida, which contains the following: • a. A legal description of at least the lands being platted; b. A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; c. Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall have attached thereto a copy of said instrument(s) of conveyance; and d. Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusionsto coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion, and make citation to the recording information of, all referenced liens, encumbrances, easements, or exclusions. The title information shall have attached thereto a copy of any such instruments. 6. Joinder and consent of mortgagee, if applicable. Revised: 12/20/2022 229 1 Page Packet Pg. 535 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 7. If any dedications, grants, conveyances, easements, consents (including mortgagee consents), reservations, covenants, or other like instruments are to be recorded simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided to the County Manager or designee for processing and recording by the clerk of court priorto, or simultaneously with, the recording of the final subdivision plat. 8. Home Oewner Association Documents, if applicable. 9. Affidavit by surveyor. Supporting "gap" 1. Pursuant to LDC subsection 10.02.04 F.3, within 60 days of recordation of the final title information subdivision plat the applicant shall submit to the County Manager or designee final supporting "gap" title information. 2. The final supporting title information must meet all of the requirements in the above (Plat Recording —Application Contents). 3. The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum, coverthe "gap" between the time the effective date of the information required above (Plat Recording —Application Contents) and the date and time of recordingofthe final plat. 4. The title information must identify and provide copies of any recorded documentation of the holdersof any estates, liens, encumbrances,or easements not properly included orjoined in the dedication orconsents on the final subdivision plat. The supporting "gap" title information must have attached a copy of any required instruments not previously provided in connection with submittals for the final plat's recording. Notice No notice is required. Public Hearing UP KC Shall h9la , ..,,tir,. heaF,.., No public hearing is required. Decision Maker The RC '. The County Manager or Designee. Review Process The 9RgiReeFiRg5eFviGeSPepaFtFPeRt Development Review Division will review the application and identify whether additional materials are needed pursuant to LDC subsection 10.02.04 F. The Engineering ServiGes Department Development Review Division will submit the final subdivision plat materials to the Collier County Clerk of Courts for recording. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and Revised: 12/20/2022 230 1 Page Packet Pg. 536 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dime nsions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee priorto commencing development within any phase of a project requiringsuch permits. Updated 231 1 Page Revised: 12/20/2022 Packet Pg. 537 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures H. Vacation of Subdivision Plats Reference pSee F.S. § 177.101, as amended, Resolution 2013-166, and LDC s*4section 10.02.04 G. Updated 2321 Page Revised: 12/20/2022 Packet Pg. 538 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures I. Easement Use Agreement Reference Board directed on January 14, 2020, Agenda Item 16 A.1251 Commented [H95]: Added New Section. Applicability This procedure angliesto a reauest to use and constructor install a minor structure in a utility, drainage, or any similar easement dedicated to the County for residential single and two-family dwelling unit properties with fee simple ownership. Roof overhangs and requests to replace (or change out) an existing minor structure which was previously approved by a building permit are exempt from this requirement, provided the minor structure in the easement does not damage or impair the prescribed function of the easement, nor hinder routine maintenance access to existing facilities. For the purpose of this requirement, minor structure shall mean a fence, air conditionine equipment/concrete pad, pool equipment/concrete pad, generator, sidewalk, and other minor structure, that does not impact any County infrastructure and the function of the County's easement, as determined by the Growth Management Department. A determination of whether a minor structure is incompatible with the established use of the easement shall be made by the Growth Management Department and/or appropriate regulating agency. Walls and buildings orstructures designed for occupancy, including screen enclosures. pools. spas, and other structures as determined by the Growth Management Department are not permitted in any easement. Structures in easements for multi -family and commercial properties shall be processed as part of the application for SDP pursuant to LDC section 10.02.03. Initiation The applicant files an "Application for Easement Use Agreement" with the Growth Management Department. Pre- A pre -application meeting is not required. Application Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Legal description and section, township and range. b. Address of subject property and property identification number. c. Current Zoning. 3. Submittal requirements: a. Type of easement proposed improvement will encroach. b. Property ownership disclosure and deed in fee simple. c. Boundary surveyor site plan. Revised: 12/20/2022 2331 Page Packet Pg. 539 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapters / Subdivision Procedures d. Letters of no objection from easement holder(s) who could be affected by the application. 6. Easement Use Agreement and coov of warranty deed. 7. Electronic conies of all documents. Completeness caSee Chanter 1 D. for information regarding the completeness and processing steps of and the application. Processing of Application Notice No notice is reauired. Public Hearing No public hearing is reauired. Decision The County Manager or designee. Maker Review The County Manager or designee will reviewand approve, approve with conditions, or Process deny the application. If the Easement Use Agreement is approved, the applicant shall providea recorded copyto the Growth Management Department. Recording The applicant shall file the approved Easement Use Agreementwith the Clerk of Courts and provide a recorded copyto the Growth Management Department. Updated 234 1 Page Revised: 12/20/2022 Packet Pg. 540 10.A.e Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Chapter 6. Waivers, Exemptions, and Reductions The following applications and approvals listed in this Chapter provide waivers, exemptions, and reductions from the standards identified in the LDC. Some petitions require a public hearing for approval. 2351 Page Revised: 12/20/2022 Packet Pg. 541 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Fence/Wall Waiver (AFW) Reference LDC&69asections 5.03.02€ D.2 and 5.03.02 HA.a. Applicability This procedure applies to a request to administratively approve the following: +R 1. A variance from the height limitations offences and walls in commercial and industrial zoning districts: or 2. An alternative to the fence or wall design requirements between residential and nonresidential development, where there is a local street that lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Administrative Fence Waiver Variance" application with the PlaRn^ ;g 9,Zoning PepaFunenE Division. Cgsee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including; • a. Section, township and range; • b. Subdivision, unit, lot and block; and • c. Address of subject site. 3. A narrative description of the site and a detailed explanation of the alternative proposal to meet the intent of the LDC. 4. Illustrations, landscape plans, photos, and other illustrative materials that support the applicant's proposal. S. Affidavit of Authorization. 6. Electronic conies of all documents. Application pliant Will niln.d OF nlnnt.nnin FeSPORSe tlf.,inn the .. nliGnnt that the PetatiGR is Laing processed AGGemnnnyinn that response ..ill be a rereiptforthe payment and the t Gking n rAbe. li e'vv201200000d assigned t the petitiaR. This pptitinn tFaGkine number should bin noted An all future n.denGe.egardingthe petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 236 1 Page Revised: 12/20/2022 Packet Pg. 542 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process The °Planng ;g9, Zoning PepaFtmeRE Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the Administrative Fence/Wall Waiver. Updated 237 1 Page Revised: 12/20/2022 Packet Pg. 543 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Parking Reduction (APR) Reference LDC s69asection4.05.04F.-4. Applicability This procedure applies to the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. Pre -Application A pre -application meeting is not required. Initiation The applicant files an Administrative Parking Reduction" application with the planning& Zoning Departmen Division. CgSee Chapter 1 D. for additional information reaarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Section, township and range; • b. Subdivision, lot and block; and • c. Address of subject site. 3. Type of business. 4. Hours of operation. 5. Signed and sealed survey. 6. Addressing checklist. 7. To determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied, then the applicant may be required to submit the following: • a. Parking generation studies; • b. Evidence of parking ratios applied by other counties and municipalities for the specific use; • c. Reserved parking pursuant to LDC section 4.04 5.05; and • d. Other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 8. Affidavit of Authorization. 9. Copy of most currentapproved SDP or SIP, if applicable. 10. Copy of approved Zoning Certificate, if applicable. 238 1 Page Revised: 12/20/2022 Packet Pg. 544 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process Theme Zoning DepaFt ,en Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDCsubsection 4.05.04 F.44. Updated 239 1 Page Revised: 12/20/2022 Packet Pg. 545 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Parking Exemption Reference LDC s69asections 4.05.02 K.1-2. Applicability This procedure applies to a request for relieffromvarious requirements of the minimum parking requirements established by the LDC, including: 1. Allowing off -site parking on non-contiguous lots underthe same ownership, and/or 2. Allowing off -site parking on contiguous lots under different ownership (shared parking). Pre -Application A pre -application meeting is not required but may be requested to determine if the exemption request may be fulfilled administratively. Initiation The applicant files an "Application for Public Hearing for Parking Exemption" with the Planning a. Zoning Departmen Division. CgSee Chapter 1 D. for additional information reaardina the Procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Legal description; and • b. Principal site property information and off -site parking area information, with the following included: • i. Property identification number; • ii. Section, township and range; • iii. Subdivision, unit, lot and block, or metes and bounds description; • iv. Address of subject site and general location; and • v. Size of property in feet and acres. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. Property Ownership Disclosure Form. 5. Project information, including: • a. Zoning classification of proposed off -site parking lot, • b. Zoning and type of land use of the propertythat the Parking Exemption is proposed to serve; • c. Total number of parking spaces required for the project; • d. Number of parking spaces proposed to be located off -site; e. Whetherthe proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and 240 1 Page Revised: 12/20/2022 Packet Pg. 546 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • f. Whether the permitted use is proposed to share required parking with another permitted use. 6. A narrative statement describing the requestwith specific referencetothe criteria noted in LDC s69asection 4.05.02 K.1.-2., and any backup materials or documentation. 7. Pre -application meeting notes, if applicable. 8. Addressing checklist. 9. If required, a Boundary Survey (completed within the last six months, maximum 1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: a. The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and b. An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyorto allow the accurate depiction of the information on the survey. 10. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • a. All existing and proposed structures and their dimensions; • b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); • L. All existing and/or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • d. Required yards, open space and preserve areas; and • e. Proposed and/or existing landscaping and buffering as may be required by the County. 11. Owner/agent affidavit as to the correctnessof the application. 12. A copyof the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 13. Map of Property Location. 14. 10-Year Lease Agreement, if required by the approval criteria. 15. Electronic copies of all documents. 16. Affidavit of Authorization. 241 1 Page Revised: 12/20/2022 Packet Pg. 547 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The °.tea Zoning De partmeR Division will review the application and approve, approve with conditions, or deny the applications utilizing the criteria identified in LDC subsection 4.05.02 K.1 or K.2. Updated 242 1 Page Revised: 12/20/2022 Packet Pg. 548 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Variance (AVA) Reference LDC section 9.04.04. Applicability This procedure appliesto a request for an administrative approval for minor after -the -fact yard encroachments for principal and accessory structures, pursuant to the specific classifications outlined in LDC section 9.04.04. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Administrative Variance for Minor After -The -Fact Yard Encroachments 5&oWn4GI"RstF,464eef An4App4c6;4ee P9Fg9' application with the ,Planning 9, Zoning Departmen Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. Property information, including: • a. Legal description; • b. Section, township and range; • c. Subdivision, unit, lot and block; and • d. Address of subject site and general location. 4. Details of variance request, including the following information: a. Statement of what is requested and where on the site; • b. Location and extent of encroachment, measured in tenths of feet; • c. When the encroachmentwas discovered; • d. How the encroachment was discovered; and • e. Building permit numbers of encroaching structures. 5. A signed and sealed Gopy of the survey identifying the encroachment. 6. Affidavit of Authorization. Completeness and The Dl@..eiRg & 7eed..g nepaFt....e..t Will r .the a elieatiee fer G elete..e.-.- Aft.,. processing eF 11h Mi WAR ..fth,-G elete.d a elicatee e@e Let eeeempanie.d with the requ e.dfee the AppliGation ...d the t GkiR ... mber (i.e., XX291299I 99) a e.d t the petitiGR. This e tFaGkiRg A Mber be ee.d a ell fWt ...deeee r er.die..the e Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 243 1 Page Revised: 12/20/2022 Packet Pg. 549 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process The °Planng ;g9, Zoning PepaFtmeRE Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application based on the criteria in LDC section 9.04.04. Updated 244 1 Page Revised: 12/20/2022 Packet Pg. 550 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Alcohol Beverage Distance Waiver Reference LDC s69asection 5.05.01 A.6, LDC section 8.10.00, and LDC Public Notice s60asection 10.03.06 U. Applicability This procedure providesfor waiver of part or all of the minimum separation distance required between establishments whose primary function is the sale of alcoholic beveragesfor on -site consumption. Pre -Application A pre -application meeting is required. Initiation The applicant files a "P@449n fer Waiver from Separation Requirements for 9stgWishngentg Businesses Selling Alcoholic Beverages forOn-PremiseConsumption" with the Planning Zoning Department Division. pSee Chapter 1 D. foradditional information regarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; and • e. Address of subject site. 3. Zoning information, including: • a. Current zoning of subject property; and • b. Adjacent zoning and land use. 4. A statement describingthe extent of the waiver requested, in linear feet, from the required 500-foot separation. S. A description of all proposed uses for the subject site/structure, including the following: • a. Total square footage of subject structure. • b. Square footage dedicated to each proposed use. C. Proposed hours of operation. • d. Indication of entertainment and type. • e. A description addressing each of the criteria identified in LDC s64section 5.05.01 A.6.a.- d c. 6. A signed and sealed survey or boundary sketch to scale, including reduced 8Y2 in. x 11 in. copies. 7. Addressing checklist. 245 1 Page Revised: 12/20/2022 Packet Pg. 551 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 8. Owner/agent affidavit as to the correctness of the application. 9. Affidavit of Authorization. 10. Agent Letter Review. Followine the initial staff review comments and prior to the resubmittal, the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Agent Letter: and b. A draft of the Agent Letter. Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for additional notice information. L. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. -12. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised WeariAg ExamiRer hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • A_ Date, time, and location of the hearing; and • b. Description of the proposed land uses. Public Hearing 4, The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. d See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA may grant a waiver of part or the entire minimum distance requirement. Review Process The °PlaRRiRg 9 Zoning „E Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 5.05.01 A.6, to present to the Decision Maker OffoGp of the Hawing Examiner for a deGogi ..,. Updated 246 1 Page Revised: 12/20/2022 Packet Pg. 552 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Alternative Architectural Design Reference LDC subsection 5.05.08 € G. Applicability This section establishes a process to request deviations from the architectural and site design standards in LDC section 5.05.08. Any modification to an approved design requires re-reviewand approval by the County Manager or designee. The buildings and uses which qualify for an administrative deviation are identified in LDC subsection 5.05.08 € GA Pre -Application A pre -application meeting may be required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, or Building Permit application, as applicable. Initiation The applicant files an Alternative Architectural Design" application with the °.tea '^^'^� Develooment Review Division in conjunction with the associated site plan. Application In addition to the submittal requirements for Architectural Plans Gsee Chapter 4 A. of the Contents Administrative Code, the application must include the following: 1. Applicant contact information. 2. The project name, zoning, building type, square footage and number of stories of the buildings to which the Alternative Architectural Design requirements would apply. 3. The plans shall be clearly labeled as "Alternative Architectural Standards Design." 4. The plans must identify the section numbers from the LDC section 5.05.08 from which the deviation is being requested. S. A narrative statement that specifically identifies all standards of LDC section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must also include a description of how the alternative plan accomplishes the purpose and intent of LDC section 5.05.08, without specifically complying with those standards identified. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker 1. The County Mangger or designee may administratively approve, approve with conditions, or denythe request for the Alternative Architectural Design plan(s) and corresponding site plan, in whole or in part, for a plan meeting the standards of LDC section 5.05.08. 2. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-reviewand approval by the County Manager or designee. 3. The County Manager ordesignee may seek the assistance ofthe Architectural Arbitration Board in renderinga decision. Review Process The County Manager or designee shall reviewthe Alternative Architectural Design plan(s) and corresponding site plan in accordance with the reviewcriteria identified in LDC subsection 5.05.08 € G. 247 1 Page Revised: 12/20/2022 Packet Pg. 553 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Appeals Pursuant to LDC&ubsection 5.05.08€G., the applicant may appeal the administrative decision to the Architectural Arbitration Board by making a written request to the Planning v. ZendRg Department Development Review Division. Updated 248 1 Page Revised: 12/20/2022 Packet Pg. 554 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Auto-M-.hilo Se-F.7-mee St-,rio-n- Ula- e-F Facilities with Fuel Pumps Waiver Reference LDC subsection 5.05.05 B, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 U. Applicability This establishes a process to waive part or all of the minimum separation requirements for adtomebile < s facilities with fuel oumos from other autemobile facilities with fuel Dumps. This Drocessis also known as the Automobile Service Station Waiver. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Petition for Waiver from Separation Requirements forAutomobile Service Stations" with the Planning a. Zoning Departmen Division. CgSee Chapter 1 D. foradditional information reaarding the Procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; and • e. Address of subject site. 3. Zoning information, including: • a. Current zoning of subject property; and • b. Adjacent zoning and land use. 4. The extent of the waiver being requested (in linear feet) from the required separation. S. A narrative that describes why the waiver complies with the waiver criteria, pursuant to LDC section 5.05.05 B.1, and that addresses the factors to be considered by the Hearing Examiner or BZA. 6. A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual site plan measuring 8% in. x 11 in., that indicates the following: • a. The dimensions of the subject property; • b. All vehicular points of ingress and egressand their relationship to the parking area and site circulation; • c. Demonstration of compliance with all requirements of the LDC including the location of the structures on site, landscaping, off-street parking, site circulation, architectural design guidelines, and signage; • d. The location of all proposed buffer areas and their dimensions; and 249 1 Page Revised: 12/20/2022 Packet Pg. 555 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • e. The layout of road(s) on which the proposed station fronts or to which access is provided, including the type of road(s), the number of lanes, and the location of intersections and turn lanes, median locations and median widths, fora 500foot distance from the subject parcel. 7. A written market study analysis which justifies a need forthe additional A--tmac cemeenc0hilp spryirp StatonqFacility with Fuel Pumps in the desired location. 8. Environmental Data Requirements. <*See LDCsubsection 3.08.00A. 9. An Aerial photograph (taken within the previous 12 months at a minimum scale of 1 in. = 200ft.), showing FLUFCS Codes, legend, and project boundary. 10. Addressing checklist. 11. Pre -application meeting notes. 12. Warranty Deed. 13. Letter of no objection from the United States Postal Service. 14. Owner/agent affidavit as to the correctnessof the application. 15. Electronic copy of all documents. 16. Affidavit of Authorization. 17. Agent Letter Review. Following the initial staff review comments and oriorto resubmittal. the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Agent Letter: and b. A draft of the Agent Letter. Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150feetof the subject property following the initial staff review comments and prior to the resubmittal. See ADDlication Contents for review and approval of letter materials. 1- 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised We@FiAg lmxamiRe� hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Description of the proposed land uses. Revised: 12/20/2022 250 1 Page Packet Pg. 556 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Public Hearing 4� The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. q see Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker �he Hearing Examiner Review Process The Planning 9,Zoning PepaFtmen: Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 5.05.05, to present to the Decision Maker nff*"o f the uo,.;Rg Examiner fora de .,",,.n. Updated 251 1 Page Revised: 12/20/2022 Commented [H96]: LDC 9.03.02 D states ".... provided the board ofzoning appeals, upon application to the county manageror his designee,..." and "In permitting such change the board ofzoning appeals may require appropriate conditions and safeguards in accordance withthe intent and purpose of the LDC." Amend LDC to add "or HEX". Packet Pg. 557 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Nonconforming Use Change (NUC) Reference LDC s69asection 9.03.02 D, LDC section 8.10.00 and LDC Public Notice s64section 10.03.06 t:l V. Applicability This processapplies to a requestto change a nonconforming use to another nonconforming use of the same character or a more restricted nonconforming use. New structures or additions to existing structures shall only be allowed for permitted or accessory uses on the site. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Non -Conforming Use Change(NUC) Petition" with the planning 9, Zoning Departmen Division. C*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • L. Address of subject property; • d. Section, township and range; • e. Subdivision name, unit, blockand lot number; and • f. Size of subject property, in acres. 3. Zoning information, including: • a. Current zoning and land use of subject property; and • b. Adjacent zoning and land uses. 4. Total number of parking spaces that exist on the site. 5. Proof of ownership or interest in the property, such as a deed or contract to purchase. 6. If the request proposes a number of possible nonconforming uses, list all of the proposed nonconforming uses and identify the following for each use: • a. Total number of parking required for the proposed nonconforming use; • b. Hours of operation for proposed nonconforming use; and • c. Total square footage for the proposed nonconforming use building(s) and structure(s). 7. If the request proposes a number of possible permitted and/or accessory uses, list all of the proposed uses and identify the following for each use: 252 1 Page Revised: 12/20/2022 Packet Pg. 558 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • a. Total square footage of the new or existing structures for the permitted and/or accessory uses; b. Total number of parking required for the permitted and/or accessory uses; and • c. Hours of operation for proposed for the permitted and/or accessory uses. 8. A narrative statement identifying how the nonconforming use change complies with the standards in LDC subsection 9.03.02 D., including: • a. How the proposed nonconforming use is equally or more appropriate to the zoning district than the existing nonconforming use; • b. The relation of the structure to surrounding properties, showing that adverse effect(s) on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued; and • c. Any additional information supporting the proposed nonconforming use change. 9. A copy of the pre -application meeting notes. 10. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200ft., showing FLUCCS codes, legend and project boundaries. 11. A site plan drawn to scale depicting: • a. North arrow, date, and scale of drawing; • b. Property boundaries and dimensions; • C. Current and proposed uses for each structure; • d. If permitted or accessory uses are proposed forthe site, all setbacks and building heights shall be identified for any existing structures, proposed new structures, or proposed additions; • e. Parking areas and driveways; and • f. Location Map that includes the project location and major roadways in project vicinity. 12. Notarized owner/agent affidavit as to the correctness of the application. 13. Affidavit of Authorization. 14. ProoertvOwnershio Disclosure Form. Completeness and The DlanniRg 9. ZeRiRg n. paFt.. ent will . ,the a plinntien f9F G ......ft.. plet« A. v^v o. F ,-gym AppliGationapplicant will reGpivp A aik-d .. olo GtraniG response notifying the applicant th At th,- petition is being processed AGGOMnan..ing that response ..ill be a . nt forthe payment Notice Notification requirements areas follows-; q See Chapter 8 of the Administrative Code for additional notice information. 253 1 Page Revised: 12/20/2022 Packet Pg. 559 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. -12. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before 413e each advertised We@Fipg lmxamiReF hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Clear explanation of the nonconforming use change. 3. Sign: Posted at least 15 days before the first advertised hearing date. q see Chapter S.E of the Administrative Code for sign template. Public Hearing 4- The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. C* See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner Review Process The °Planni ;g9, Zoning Departmen Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 9.03.02 D, to presentto the Decision Maker OffoGp of the Hearing Examiner for a de .;.;,,.,. Updated 254 1 Page Revised: 12/20/2022 Commented [H97]: LDC 9.03.03 BA states: "Nonconforming residential structures,..., maybe altered, expanded, or replaced upon recommendation of the CCPC and approval of BZA by resolution". Amend LDC to add " or H EX" LDC 9.03.03. B.5 states: "... Prior to granting such alternation, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the PC and the BCC shall consider and base its approval on the following...". Amend LDC to delete "BCC" and add "Board of Packet Pg. 560 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Site Plan with Deviations for Redevelopment Projects (-DR) Reference LDC section 10.02.03 F and LDC Public Notice s69asection 10.03.06 R. Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment project to seek dimensional deviations, excluding height, architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures or site features nonconforming. A site plan with deviations may be requested forthe redevelopmentof a site which meets the criteria fora site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. Initiation The applicant files a "Site Plan with Deviations for Redevelopment ^^tea n" application with the planning&. Zoning Departmen Division. CgSee Chanter 1 D. foradditional information regarding the Procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application A site plan with deviations application must include the following, in addition to the Contents Application Contents and Requirements for a site development plan, site development plan amendment or a site improvement plan. Ca See Chapter 4 U —1.4 ofthe Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering and construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. The survey shall be signed and sealed by a Florida registered surveyor and mapper. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment projectand how it is consistent with the standards for approval, LDC section 10.02.03 F.8. 255 1 Page Revised: 12/20/2022 Packet Pg. 561 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 2. Description of each requested deviation and justification for each request. The justification shall state how the passing of time has rendered the building, structure, or features nonconforming. Requested deviations shall be clearly delineated in the petition. The LDC section forwhich the deviation seeks relieffrom shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified. Notice Notification requirements areas follows. q See Chapters of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised H. @@F,^er hearing. 2. Newspaper Advertisement: The legal advertisement shall be Published aAt least 15 days before tke each advertised HeaFiR erhearing in a newspaper of general circulation. The legal advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Application number and project name; • c. 2 in. x 3 in. map of project location; • d. Requested deviations and proposed project enhancements; and • e. Description of location. Public Hearing 41. The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. <'q see Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission. one BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The me Zoning DeparifaeR Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 10.02.03 F, to present to the Decision Maker OffoGp nf the HP;iFo g Examiner for a deri;inn. 256 1 Page Revised: 12/20/2022 Packet Pg. 562 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions J. Post Take Plan Reference LDC subsection 9.03.07 D, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 S. Applicability An applicant may request a Post Take Plan in order to mitigate and/or eliminate the impacts, such as loss of parking, nonconforming setbacks and buffers which exceed the allowance under LDC sections 9.03.07 and 9.03.07 D.2, resulting from the public acquisition of a gexsecral real property for public purposes. The Post Take Plan is not a SDP. However, changes requested by the applicant that do not result from the public acquisition will require an SDPA or SIP. For example, a building expansion unrelated to public acquisition would result in a SDPA or SIP. Initiation The applicant files a "Post Take Site Plan Application" with the ova. Zoning DepartMeRt Division. gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. The project name. 5. Pre -application meeting notes. 6. Property information, including: • a. Legal description; • b. Property identification number; • C. Project name; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; and f. Address of subject site and general location. 7. Zoning Information, including-. - C currentzoning and land use of subject property. 8. The name of the existing circuitcourt case and number, if applicable. 9. Scaled drawing 24 in. x 36 in. in size, with one 8 % in. x 11 in. drawing depicting the following: a. The name, address and phone number of the consulting firm(s) preparing the plans; 257 1 Page Revised: 12/20/2022 Packet Pg. 563 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 4 b. The total site acreage for both pre -and post -acquisition condition; 4 L. Legal description; 4 d. Zoning designation; 4 e. All existing improvements, clearly depicting those affected by the acquisition; 4 f. All proposed mitigating improvements and remedies; 4 g. The exact nature and dimension of any requested deviations; 4 h. The pre- and post -acquisition configuration of the lot or lots; and 4 i_ The dimensions from the pre -and post -acquisition property line to all affected improvements. 10. A narrative description of the pre -and post -acquisition site conditions, noting impacts and all nonconformities created or exacerbated as a result of the acquisition, and any proposed mitigation and remedies. 11. A signed and sealed boundary orspecial purpose surveyto ascertain or verify existing conditions. Pursuant to LDC sif§section 9.03.07 D.1, the boundary or special purpose survey shall be prepared by a surveyor licensed to practice in the State of Florida. 12. The most recent available aerial of the site. 13. Owner/agent affidavit as to the correctness of the application. 1 A here the first qpt of rpyie... G. .meets a posted, the following mailed naticp • A ngt ..f the r And ;;ddre«eg of propertyownersthe mailed 4 flr@ft of the mailed notice I..tt..r 14. Affidavit of Authorization. 15. Property Ownership Disclosure Form. Completeness and The planning & Zoning Department will r .the a pliretion for G pleteve« After ..d the t Gki..e .. mher (i.e., .. T XX29 299999) ed to the his PetitioR .. traGLinnumber shAuld he n ted a all future ndenGe r erdingthe petition. Notice Notification requirements are as follows.g See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area within 60 days of the date of the submittal of the application. The mailed notice shall include the following information: 258 1 Page Revised: 12/20/2022 Packet Pg. 564 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • a. List of requested deviations; • b. A brief narrative with justification for the deviations; and • L. A copyof the Post Take Plan, in either an 11 in. x 17 in. or 8 % in. x 11 in. format. Additional Notice- If a written objection is received from an abutting property owner within 30 days from If Written the date in which the first mailed notice was sent, then the Post Take plan shall go before Objection is the Hearing Examiner or BZA. Received The notice requirements for the public hearing are as follows: ca See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sentto propertyowners in the notification area at least 15 days before the first advertised WeapiRg ExamiReF hearing. • a. List of requested deviations; • b. A brief narrative with justification for the deviations; and • L. A copyof the Post Take Plan, in either an 11 in. x 17 in. or 8 % in x 11 in. format. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Wearipg ExamiRer hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time and location of the hearing; • b. Description of the proposed land uses; and • C. 2 in. x 3 in. map of the project location. 2 Sign! (see format belew) Posted at least 15 days before the advertised Hearing rxaminnr hea. mpg date LICHEARING REQUESTING PETITIO UMBER TC PERMIT: (Request-Sufficie clear to descri the project) LOCATION: DATE: E: _ CONTACT: THE ABOVE T E HELD AT THE GRO MANAGE NT DIVISION BUILDING, 2800 HOR OE DR., NAPLES, FL 34104 OR AS OTH WISE D GNATED. Public Hearing If a written objection has been receivedfroman abutting propertyowner, then the Hearing Examiner or BZA shall hold at least 1 advertised public hearing. Decision Maker (The County Manager or designee, or the Hearing Examiner 259 1 Page Revised: 12/20/2022 Commented [H98]: LDC section 10.03.06 S 1.b. states: " If PC or HEX hearing is required, a Newspaper Ad" and S 2.a. states: " If a written objection is received, one PC or HEX hearing". Amend LDC to state one BZA. Packet Pg. 565 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process 1. If a written objection has not been received from a notified propertyowner within 30 days from the date of the public notice, then the o&. Zoning PepaptmeR Division may approve the Post Take Plan. 2. If a written objection has been received from a notified property owner, then the °tea Zoning DeP@kMeR Division will prepare a Staff Report to present to the Decision Maker 04FGP of •"^ H^^•'^^ gxamiRer for a decision. Updated 260 1 Page Revised: 12/20/2022 Packet Pg. 566 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions K. Vested Rights Determination Reference q See LDC section 9.02.00. Updated 261 1 Page Revised: 12/20/2022 Packet Pg. 567 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Appeal of Preliminary Substantial Damage Determination Reference Florida Building Code and Code of Laws and Ordinances Chapter 62. Applicability This procedure allows a property owner to administratively appeal a preliminary substantial damage determination through the building permit process. Pre -Application A pre -application meeting is not required; however, a consultation with the Floodplain Management Section is recommended. Please contact: Flood lnfoReauest@collie rcountvfl.eov or the Flood Information Hotline at: 239-252-2942 Initiation The applicant files a building permit application along with the materials noted below. gSee Chapter 1 D. for additional information regarding the Procedural steps for initiatina an application. Application Application materials can be found on the Collier County Building Plan Review and Contents Inspection application forms and submittal requirements webpage. The application must include the following: 1. Building Permit application, to include in the Description of Work, all repair work, and other improvements to the structure. 2. Owner -Builder Affidavit, ifapplicable. 3. Construction plans of the structure (hand drawn is sufficient), with notes identifying the areas to be repaired, and the materials to be used. 4. Removal, Replacement and Repair of Mobile/Manufactured Homes Post Event form. S. Substantial Improvement or Repair of Substantial Damage Packet and Cost Estimate Worksheet found on the Growth Management Building website, noted above. • a. The Affidavits must be signed by the property owner and notarized. • b. The Cost Estimate worksheet must include all repair work, other improvements, and any open building permit applications or issued building permits. • C. Please note: The property owner is responsible for collecting all subcontractor bids and quotes and compiling them for one cost estimate worksheet. Incremental repair work is not permitted; all repairs must be permitted and calculated under one permit. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 262 1 Page Revised: 12/20/2022 Packet Pg. 568 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process The Building Plan Review and Inspection Division will reviewthe application, identify whether additional materials are needed, and review the application for compliance with the Florida Building Code and Code of Laws and Ordinances Chapter 62. Updated Resolution 2019-01 263 1 Page Revised: 12/20/2022 Packet Pg. 569 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions M. Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD) Reference LDC sections 2.03.07 F., 4.02.26 E., and LDC Public Notice section 10.03.06 R. Applicability Property owners in the GGPOD may request deviations from certain standards, as established in LDC section 4.02.26 E.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopmenton existing sites. Deviations in the GGPOD may be requested for new development or redevelopment projects requiringan SDP, SDPA, or SIP, as established in LDC section 10.02.03, or a building permit in the case of a sign deviation, as established in LDC sections 5.06.11. Deviations may also be requested in connection with a PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. Initiation The applicant files a "Deviations for Projects in Golden Gate Parkway Overlay District" application with the Zoning Division. Ca See Chapter 1.D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application A deviation Fe9wiFes made in connection with an SDP, SDPA, or SIP must include the Contents necessary information and drawing(s) required with the Application Contents and Requirements for a site development plan, site development plan amendment, or site improvement plan. Ca see Chapter 41.2 —1.4 of the Administrative Code. A deviation requires in connection with a sign permit must include the necessary information and drawing(s) required with the Application Contents and Requirements for a sign permit. q see Chapter 4 L2 —1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, the architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearlyshow the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the project and how it is consistent with the evaluation criteria identified in LDC section 4.02.26 EA. 264 1 Page Revised: 12/20/2022 Packet Pg. 570 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relieffrom shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified. 4. Exceptions to the required Application Contents. A deviation requires made in connection with townhouses developed on fee simple lots under individual ownership must include all items listed under Application Contents for Construction Plans and Final Subdivision Plats in Chapter 5.D.1. ofthe Administrative Code, exceptforthe following: a. Fire Flow Test. b. Environmental Data Requirements. C. Traffic Impact Analysis. d. Engineer's Report. e. Permits. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The legal advertisement shall include at minimum: a. Date, time, and location of the hearing; b. Application number and project name; C. 2 in. x 3 in. map of project location; d. Requested deviations and proposed project enhancements; and e. Description of location 3. Sign: Posted at least 15 days before the first advertised hearing date. Ca See Chapter 8.E of the Administrative Code for sign template. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. a See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 4.02.26 EA, to present to the decision maker. 265 1 Page Revised: 12/20/2022 Packet Pg. 571 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Update 2021-48 266 1 Page Revised: 12/20/2022 Packet Pg. 572 10.A.e Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions N. Limited Density Bonus Pool Allocation (LDBPA) Reference LDC section 4.02.16 C. and LDC section 10.03.06 R. Applicability Property Owners in the Bayshore Zoning Overlay District (BZO) and Gateway Triangle Zoning Overlay District (GTZO), which are zoned as either multi -family or mixed use, 2 contiguous acres or less are allowed to add 2 units per acre when satisfying the criteria of LDC section 4.02.16.C.10. Initiation The applicant files a "Limited Density Bonus Pool" application with the Planning & Zoning Division. Pre -Application A pre -application meeting is required. Application A limited density pool application must include the following, in addition to the Contents Application Contents and Requirements for an SDP, SDPA, or SIP. C* See Chapter 41.2 — 1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment projectand how it is consistent with the standards for approval, LDC section 4.02.16 C.10. 2. Submittal of a Traffic Impact Statement. 3. Demonstrated compliance with the County's access management policies. Notice Notification requirements are as follows. Gq See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Application number and project name; Revised: 12/20/2022 2671 Page Packet Pg. 573 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter (Supplementary Submittal Requirements forLand Use Applications 2 in. x 3 in. map of project location; and Description of location. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. p See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report utilizing the criteria established in LDC section 4.02.16 C.10.d. to present to the decision maker. Updated Resolution 2022-36 268 1 Page Revised: 12/20/2022 Packet Pg. 574 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter? /Supplementary Submittal Requirements forLand Use Applications Chapter 7. Supplementary Submittal Requirements for Land Use Applications The following are supplemental submittal requirements which maybe requested forthe submission of a land use application. 269 1 Page Revised: 12/20/2022 Packet Pg. 575 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter7 /Supplementary SubmittalRepuirementsforLand Use Applications A. Environmental Data Requirements for PUD Zoning and Conditional Uses Reference LDC section 3.08.00. Code of Laws and Ordinances Chapter 2, Article Vill, Division 23 (Environmental Advisory Council) Conservation and Coastal Management Element (CCME) GMP Policy6.1.8. Applicability The Environmental Impact Statement (EIS) shall consist of the Environmental Data Requirements identified in LDC section 3.08.00 and shall be submitted for PUD Zoning and Conditional Use petitions. Pursuant to LDC s4section 3.08.00, the environmental data shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Application Applicants shall collate and package applicable Environmental Data into a single EIS Contents packet, prior to the public hearings and after all applicable staff reviews are complete. Copies of the Environmental Impact Statement shall be provided to the County Manager or designee prior to public hearings. Notice N/A Public Hearing N/A Decision Maker N/A Review Process The EIS shall consist of previously reviewed environmental data materials. The County Manager or designee may require additional data orinformation necessary to evaluate the project's compliance with LDC and GMP requirements. Updated 270 1 Page Revised: 12/20/2022 Packet Pg. 576 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter (Supplementary Submittal Requirements forLand Use Applications B. Traffic Impact Study (TIS) Reference LDC section 6.02.03 and Collier County Resolution 2006-299 gFor the TIS Guidelines and Procedures, refer to: https://www.col lie rcou ntvfl.gov/home/showpu bl ishedd ocu me nt/2033/635883137282070000 Applicability A Traffic Impact Study (TIS) is required for any rezoning, conditional use, or where it is listed in the Application Contents for a specific process in the Administrative Code or LDC. The planning Q Zening PepaFtMeRt Capital Project Planning, Impact Fees. and Program Management Division may waive the TIS requirement at the pre -application meeting if it determines that the proposed development's traffic impacts are not significant. Application gSee the TIS Guidelines, referenced above Contents Notice N/A Public Hearing N/A Decision The County Manager or designee. Maker Review The Tr `RspeFt`"^^ i2',^^ R9 9@Gt OR Capital Project Planning, Impact Fees, and Program Process Management Division shall review the TIS as part of the land use petition application based on the criteria in the TIS Guidelines and Resolution 2006-299. Updated 271 1 Page Revised: 12/20/2022 Packet Pg. 577 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter7 /Supplementary SubmittalRequirementsforLand Use Applications C. PUD Annual Monitoring Report Reference LDCsubsection 10.02.13 F. Applicability This procedure applies to PUDs to ensure that the approved project densities, intensities, and commitments are consistent with the development's approved Ordinance and Traffic Impact Study. Pre -Application A pre -application meeting is not required. Initiation If the PUD is active, the applicant files a PUD Monitoring report with the g DepaAmeR Capkal oroiest Dl@wpiRg Impact Pep, p o. 6n .1 Commented [H99]: Revised. Report goes to 9iarisiew Development Review Division on an annual basis, on or before each Development Review Division. anniversary date of the PUD approval by the BCC. c> See LDC subsection 10.02.13 F.1.a for PUD tracts or parcels that are built out. q See LDCsubsection 10.02.13 F.7 for Traffic Count Monitoring requirements. Application The monitoring report must include the following: Contents 1. Applicant contact information. 2. Number of units, by residential type; square footage commercial and other permitted uses which are approved and complete and any on -site or off -site commitments completed and approved as of the due date of the monitoring report. 3. Current PUD master plan showing infrastructure, projects/developments, plats, parcels, and other pertinent information, including on -site or off -site commitments. 4. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 5. Status of commitments in PUD document, including projected completion dates if then established. 6. Other information as may be required by County Manager or designee. 7. Owner/agent affidavit as to the correctness of the application. Completeness and The FRgiweeriRg Departmept t GkS the nApwitpriRg Deports 911hw.i#Pd iR AppliGation http.//h c Gywe bg /Gtsy/n roi a nteye r..i ew (The Capital Droient Dlanninn Impnnt Fees and Program Management Division t nLs Com m:tment the Meniterino Deports submitted in the CPrnrnitmPnt Tracking [..stew. found here. T rLjy� htt.,s; /hss.,,.rteln7 /str/or,.i,.stc..orshl................................ Commented [H100]: Delete. This internal function is now performed by Development Review Division Updated 272 1 Page Revised: 12/20/2022 Packet Pg. 578 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter (Supplementary Submittal Requirements forLand Use Applications D. Soil Erosion and Sediment Control Plan Reference LDC section 6.01.05 Applicability A Soil Erosion and Sediment Control Plan is required, for new and existing development and construction, such as Site Development Plans and Final Subdivision Plats. Plan Contents Each plan shall be prepared in accordance with the following standards: 1. The most recentedition of the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, june 2007 2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 62-302.530(69) Florida Administrative Code. and Completeness aThe cell liFegion and -Spdi.......t !'....tr..1 DIA.. qhR" 1... 91-IbMitte d 1 With All or... '—'omTr.S Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The ER9'^^^r'Rg N^r••IGes DeP@AMeRt Development Review Division shall review the Soil Erosion and Sediment Control Plan concurrentwith all applicable land use applications. Updated 273 1 Page Revised: 12/20/2022 Packet Pg. 579 10.A.e Text underlined is new text to bead ded Chapter B. Public Notice A. Generally Many land use decisions in the County require public notice to the general community and/or the surrounding neighborhoods regarding an applicant's development plans. Each Administrative Code section describesthe types of notice required, if any, for a petition or a permit. This section identifies the differenttypes of public notice proceduresand specific information necessaryto fulfill the notice requirement. The following are the types of public notice that may be required: ► 1. Neighborhood Information Meeting (NIM) ► 2. Mailed Written Notice ► 3. Newspaper Advertisement ► 4. Posting of a Sign 5. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 6. Agent Letter 2741 Page Revised: 12/20/2022 Packet Pg. 580 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice B. Neighborhood Information Meeting Applicability 1. A Neighborhood Informational Meeting ("NIM") shall be conducted when: • a. The initial staff reviewand comment on the application has been completed; and • b. At least 15 days before the first public hearing is held, whether it is the Planning Commission, Hearing Examiner, the BCC, or the BZA. 2. In addition to the above, the following shall also apply for small-scale amendments and other site -specific comprehensive plan amendments: • a. The NIM is required before the Planning Commission transmittal hearing. . b. A second NIM is required ifthe County Manager or designee determines that a substantial change has occurred to a proposed site -specific comprehensive plan amendment following the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing. 3. If the applicant's petition activity extends beyond 1 year from the date of the first NIM, a second NIM will be required and shall be noticed in accordance with this chapter. Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice: Written notice shall be sent to property owners in notification area at least 15 days before the NIM meeting. • The applicant shall also provide written notice of the NIM to property owners, condominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the County to be notified. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the NIM meeting; • b. Petition name, number and applicant contact info; • c. Purpose of the NIM meeting; • d. Description of the proposed land uses; and • e. 2 in. x 3 in. map of the project location. Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate the expected attendance. 275 1 Page Revised: 12/20/2022 Packet Pg. 581 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice Conduct The Collier County staff planner assigned to attend the pre -application meeting, or of designee, must also attend the NIM,=^d will < <the r;iGintAwr Pfthe meeting. Meeting However,Femain neutral and support the LDC administrative orocedures.tThe applicant is expected to make a presentation of how they intend to develop the subject property. The applicant is required to audie exvideo tape and provide a written transcript, identifying each speaker by name, ofthe proceedings of the meeting and to provide a Commented [H701 ]: Change requested by CCPC (12-17- copy to the PlaRRiRg & Zoning DepaFtmeR Division. 2020) The applicant must provide the following at the NIM meeting for review and comment: • a. The proposed uses and density of the project, . b. The proposed Master Plan; and • c. The current LDC zoning district uses and development regulations. Meeting Follow- -I— After a NIM is completed, the applicant will submit a written summary of the NIM Up and any commitments that have been made to the assigned planner. These commitments will: • a. Become part of the record ofthe proceedings; . b. Be included in the staff reportfor any subsequent reviewand approval bodies; and • c. Be considered for inclusion in the conditions of approval of any applicable development order. Updated 276 1 Page Revised: 12/20/2022 Packet Pg. 582 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice 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 propertyowners in the notification Requirements area listed below. Names and addresses of propertyowners shall be those listed on the latest ad valorem tax rolls ofthe County. The Gaunty must send mailed notice must be sent out at least 15 days before the hearing for all applications, exceptas identified otherwise in the Administrative Code. The applicant must provide a copy of the list of all parties noticed by the required notification deadline to the PI@R^;FR9 & Zoning Depa4meRt Division staff. The written notice must include: • a. Date, time, and location of the NIM meeting or public hearing; • b. Description of the proposed land uses; and • c. 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. A clear description of the proposed land uses; • b. A clear description of the applicable development standards; • c. Intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects; • d. A clear description of the institutional or recreational uses when part of the development strategy; and • e. The substance of the proposed ordinance or resolution (rezoning only). For a site plan with deviations for redevelopment projects, the notice must also include= *--Tthe type of deviation sought. The eClerkto the BCC will make a copy of all notices available for public inspection during the- regular business hours. Recipients of Property owners in the notification area are described below and shall be based on the Mailed Written latest tax rolls of Collier County and any other persons or entities who have formally Notice requested notification from the County: 4 Urban The notification area includes: designated area of the future land 1. 2. Revised: 12/20/2022 All property owners within 500 feet of the property lines of the j_....... subject property or ^^tm4e^'«tieproperty"nes sthesube^« Commented [H102]: Moved to subsection: All Other ........................................................................................................... Of i^�.,.^.r ,.,�«��., the meas designated in the I IrbA, Areas, below Aaaw. 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 277 1 Page Packet Pg. 583 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice 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 exceptfor areas designated in the Urban Golden Gate Estates Sub -Element of the Golden Gate Estates Master Plan. 4 All otherareas The notification area includes: 1. All property owners within 1,000 feet of the property lines of the subject property. However, t=for areas designated in the Urban and Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan, notices shall be sent to all property owners within one mile of the property lines of the subject property( exceptfor Estates (E) zoned variance applications, which shall remain at 1,000 feet of the subject ro er ............... Commented [H103]: Board directed change. (June 14, 2. If any of the land in the area listed in paragraph 1 is owned by 2022) 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, exceptfor areas designated in the Urban and Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan. 4 Associations 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 i4ensuring all parties are notified. Updated 2021-143and2023-XX 278 1 Page Revised: 12/20/2022 Packet Pg. 584 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice D. Newspaper Advertisement Applicability For applicable land use petitions, the legal newspaper advertisement shall be as follows. A copy of the newspaper advertisement shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners. The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respectto the proposed ordinance or resolution. Placement and The legal newspaper advertisement shall be published at least 15 days before each Content advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Petition name, number and applicant contact info; • c. Description of the proposed land uses; and • d. 2 in. x 3 in. map of the project location, as applicable. Updated Revised: 12/20/2022 279 1 Page Packet Pg. 585 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice E. Posting of a Sign Applicability For applicable land use petitions, the posting of a sign shall be as follows. Timing The sign shall be posted at least 15 days before the Hearing Examiner, Planning Commission, or the BCC acting as the BZA hearing and be removed within 10 business Commented [H104]: Added to assist Code Enforcement. days after the final date of public hearing. Sign Requirements The sign copy must occupythe total area of the sign. The requirements for the size, location, and proof of posting and removal of the sign are as follows: 1. Properties4- less than or eaual to 1 acre: The sign shall measure at least 1 and square feet in area. The sign is erected by the °tea Zoning Division on behalf of the applicant. 2. Properties> greater than 1 acre: The sign shall measure at least 32 square feet in area. The sign is erected by the applicant. At least 1 sign is placed on each external boundary that fronts a street. If the external boundaries along a street exceed 1,320 linear feet, signs are placed equidistant from one another with a maximum spacing of 1,000 linearfeet. However, the number of signs along an exterior boundary fronting a street cannot exceed 4 signs. 3. All properties: • a. The sign must be located in full view of the public on each street side of the subject property. • b. Where the subject property is landlocked orfor some other reason the signs cannot be posted directlyon the subject property, then the sign or signs are erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. • C. The applicant must provide evidence to the °r;aRRiRg 9, Zoning PepaFuneRE Division that the sign(s) were erected byfurnishing photographs of the sign(s) that show the date of their erection at least 10 days before the scheduled public hearing. 280 1 Page Revised: 12/20/2022 Packet Pg. 586 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice Sign Template Unless otherwise specified, the sign must adhere to the following templates: 1. Properties less than or equal to 1 acre: [Petition Type] Petition No. 201900OXXXX [CCPC or HEX]: [Date] - 9 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX 2. Properties greater than 1 acre: PUBLIC HEARING NOTICE [Project Name] [Petition Type] Petition No. 201900OXXXX [HEX, CCPC, BCC, and/or BZA]: [Date/Time] [Building Name] [Address] [Planner Name]: 239-252-XXXX 3. For Dock Facility Extensions: a. Properties less than or equal to 1 acre: Dock Facility Extension To allow a [###]-foot protrusion Petition No. 201900OXXXX [CCPC or HEX]: [Date] - 9 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX Revised: 12/20/2022 281 1 Page Packet Pg. 587 10.A.e Text underlined is new text to bead ded CollierCounty Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice b. Properties greater than 1 acre: PUBLIC HEARING NOTICE [Project Name] Dock Facility Extension To allow a [###]-foot protrusion Petition No. 201900OXXXX [CCPC or HEX]: [Date] - 9:00 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX Removal of Sign The signs shall remain in place until any of the following occur: 1. Final action is taken on the application,- or 2. The WaRRiRg Zoning PepartmeRt Division receives written notification that the applicant is withdrawing or indefinitely continuing the application. Updated 282 i Page Revised: 12/20/2022 Packet Pg. 588 10.A.e Text underlined is new text to bead ded F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06. ,:a See Chapter 4.N for Intent to Convert Applications for the Application Contents Required for Presentations otSOMs. Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the design of a golf course conversion projectand to encourage collaboration and consensus between the applicant and the stakeholders on the proposed conversion. Applicability This processapplies to applicants seeking to converta constructed golf course to a non - golf course use. A minimum of two in -person meetings and one web -based visual survey are required.This section shall be used in connection with LDC section 5.05.15. Initiation The SOMs may be held after the 'Intent to Convert" application has been received bythe County and deemed sufficient by staff to proceed. It is encouraged that SOMs take place in a timely manner so as to support stakeholder involvement. SOM Notice Each SOM shall be noticed as follows: Requirements 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the SOM in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the SOM; • b. Petition name, number and applicant contact info; • c. Notice of the intention to convertthe golf course to a non -golf course use; • d. Brief description of the proposed uses; and • e. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days before the first SOM. The mailed notice shall include the following: . a. Date, time, and location of each SOM included in the mailed notice; . b. Petition name, number and applicant contact info; . c. Notice of the intention to convertthe golf course to another use; • d. A brief description of the proposed uses; • e. A statement describingthat the applicant is seeking input through a stakeholder outreach process; • f. The user-friendlyweb address where the meeting materials, such as the Developers Alternatives Statement, can be accessed; • g. A brief description of the visual survey and the user-friendlyweb address where the survey can be accessed; and 2831 Page Revised: 12/20/2022 Packet Pg. 589 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice • h. The dates that the web -based visual survey will be available online. Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate expected attendance. Timeframe SOMs must be held between November 1st and April 15t. Conduct of SOMs A minimum of two SOMs shall be conducted in accordance with the following: • a. An assigned County planner shall attend the SOMs and observe the process. The planner shall note any commitment made by the applicant during the meetings. • b. Meeting Conduct: The applicant shall conduct the meetings as follows: a i. Use at least one public outreach method during the in -person meetings as described below; and a ii. The applicant shall facilitate dialogue and encourage input on the conceptual development plan from the stakeholders regarding the types of development the stakeholders consider compatible with the neighborhood, and the types of land uses they would support to be added to the neighborhood. • c. Presentation: The applicant must provide the following at the SOM for review and comment: a i_ The current LDC zoning district uses and development regulations; a ii. Information about the purpose of the meeting, including the goals and objectives of the conversion project; a iii. A copy of the Developer's Alternatives Statement shall be made available at the SOM, as described in LDC section 5.05.15 C.2; a iv. Visuals depicting the conceptual development plan(s) and the greenway; and e v. The list of deviations requested, as described in LDCsection 5.05.15 C.4.a-b. • d. Public Outreach Methods: The applicant shall use one or more of the following at the Stakeholder Outreach Meetings to engage stakeholders: a I. Charrette. This public outreach method is a collaborative design and planning workshop that occurs over multiple days. Through a charrette, the applicant designs the conceptual development plan and greenway with stakeholders' input. During a charrette, stakeholders are given the opportunity to identify values, needs, and desired outcomes regarding the project. Through a series of engagement activities the conceptual development plan and greenway are designed and refined. Throughout the sessions, 284 1 Page Revised: 12/20/2022 Packet Pg. 590 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice stakeholders have an opportunity to analyze the project, address and resolve issues, and comment on multiple iterations of the project. e ii. Participatory Mapping. This public outreach method produces maps using stakeholder knowledge and input. To start, the applicant hosts a workshop and shares information about the project through exhibits such as poster boards, written or electronic materials, etc. Participants are then given sticky dots, markers, or other tactile/visualization tools in conjunction with maps of the conceptual development plan and greenway to identify options to address compatibility, adverse impacts, or types of desirable usable open space forthe project. For example: stakeholders are asked to place red dots on the map where there is a perceived pedestrian hazard and place a green dot where they support additional tree plantings in the greenway. e iii. Group Polling. This public outreach method polls participants at the meeting and provides instant results. The poll can include a wide range of topics about the project, such as density, greenway uses, vehicle/pedestrian transportation networks, etc. The applicant provides sticky dots or uses electronic devicesto conduct the polling. a iv. Visioning Exercise. This public outreach method invites stakeholders to describe their core values and vision for their community. In a workshop setting, the applicant presents a wide variety of reports, maps, photos, and other information about the project. The applicant then poses questions to the participants, such as, but not limited to the following: n "What do people want to preserve in the community?" ZI "What do people want to create in the community?" 3J "What do people want to change in the community?" The applicant collects the responses and works with the participants to create a vision statement for the project that incorporates the goals, concerns, and values of the community. Web -based Visual The web -based visual survey is intended to increase engagement with stakeholders. The Survey survey should engage the stakeholders in the design of the project and assist in Requirements determining what stakeholders find important to the neighborhood, what is considered compatible with the neighborhood, and what types of land uses they support adding to the neighborhood. • a. The survey shall provide visual representations of the proposed development, in particular the types of land uses proposed, streetscapes, public spaces, design characteristics, and depictions of the greenway design; 285 1 Page Revised: 12/20/2022 Packet Pg. 591 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice • b. The survey questions shall be worded so as to elicit responses to the stakeholders' preferences or support for the visual representations. • c. The survey shall allow for additional comment(s) to be made by the stakeholders. SOM Report After the SOMs and the web -based survey are complete, the applicant will submit a reportof the SOM to the County, including the following information: • a. A list of attendees, a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods described above; • b. Copies of the materials used during the meeting, including any materials created at the meeting, such as any participatory mapping or related documents; • L. A verbatim transcript of the meetings and an audio (mp3 or WAV format) or video recording in a format accessible or viewable by the County; • d. A point -counterpoint list, identifying the input from the stakeholders and how and why it was or was not incorporated into the application. Input from stakeholders may be categorized by topic and the applicant may provide a single response to each topic in narrative format; and • e. The report shall be organized such that the issues and ideas provided by the stakeholders that are incorporated in the application are clearly labeled in the point -counterpoint list and in the conversion application. Meeting Follow-up After each SOM is completed and priorto the submittal of a conversion application, the applicant will submit to the assigned planner a written summary of the SOM and any commitment that has been made. Any commitment made during the meeting will: • a. Become part of the record ofthe proceedings; • b. Be included in the staff reportfor any subsequent conversion application; and • c. Be considered for inclusion into the conditions of approval of any subsequent development order. Updated 286 1 Page Revised: 12/20/2022 Packet Pg. 592 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice G. Agent Letter Applicability For applicable land use petitions. an Agent Letter shall be as follows. Agent Letter Following the initial staff reviewcomments. and prior to resubmittal, the following Agent Review Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of Property owners to receive the Agent Letter; and b. A draft of the Agent Letterthat includes information pertaining to the type of application submitted to the County, a location description of the Project site, and a description of the nature of the application. Recipients of An Agent Letter shall be sent to property owners and associations within 150 feet of the Agent Letter subject Property. Timing The Agent Letter shall be mailed out following approval from the assigned Planner. (continued to nextpaqe) Revised: 12/20/2022 287 1 Page Packet Pg. 593 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice LetterTemolate The following sample Aeent Letter is intended to serve as an example to applicants, additional information may be reauested by the assigned planner. Sample Agent Letter to Property Owners and Associations within 150 feet [Company Letterhead] ]Date] Name Address City, State Zip Dear Property Owner: Please he advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: [Description: distance from nearest intersection, fronting street or —ess road. Verifywith planner] It is our intent to ask the County to allow us to [describe nature of variance] on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, ]Applicant's name, address, and phone number where you can be contacted] Undated Revised: 12/20/2022 288 1 Page Packet Pg. 594 10.A.e Text underlined is new text to bead ded Chapter 9. Office of the Hearing Examiner - Procedures Reference LDC section 8.10.00, Code of Laws and Ordinances section 2-83 through 2-90, and Ordinance No. 2013-25.as amended. Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of Laws and Ordinances section 2-83through 2-90,and Ordinance No. 2013-25,as amended. A minor conditional use is one which does not require environmental review under Section 2-1191 et seq. of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. The Commissioner ofthe District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the CCPC in an advisory capacity and then the Board of Zoning Appeals or Board of County Commissioners forfinal action. If the Hearing Examiner recuses, disqualifies himself or herself, or does not otherwise hear a particular case where the Hearing Examiner makes the final decision, these cases shall be heard by the Planning Commission in an advisory capacity and then forwarded to the Board of County Commissioners sitting as the BCC or Board of Zoning Appeals forthe final decision. Assignment Once the application is submitted to the County and deemed complete pursuant to Chapters 1 through 7 of the Administrative Code, as applicable, the following petitions shall be assigned to the Hearing Examiner: 1. Administrative Type III Appeal. 2. Alcohol Distance Waiver. 3. Appeal of an Official Interpretation of the LDC. 4. A„tn.nnholn spryi,.ect;tmnn ni Facilities with Fuel Pumps Waiver. 5. Boat Dock Facility Extension, including Boat Lift Canopy Deviations and 0oathousel ................ I Commented [H105]: Added for consistency with LDC Establishment. 10.03.06 H. 6. Minor Conditional Use. 7. Minor Conditional Use Re -Review. 8. Minor Conditional Use Extension. 9. Limited Density Pool Allocation. lOS.Non-Conforming Use Change and Non -Conforming Use Alteration. 114.Parking Exemption with a Public Hearing. 12-I.Post Take Plan, if applicable. 17 12I0 CXtnng�nn 123.PUD Insubstantial Changes, including Minor Text Changes. 134.PUD Minor Change to Remove an Affordable Housing Contribution. Revised: 12/20/2022 2891 Page Packet Pg. 595 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner 14-S.Sign Variance. 156.Site Plan with Deviations for Redevelopment Projects. 16.7.Stewardship Receiving Area (SRA) Insubstantial Changes, including Minor Text Changes. 179.Variance. 18-9'^n'ng VerifiGation Letter Comparable Use Determination. Hearing Examiner Upon completion of the staff reportby the assigned planner pursuant to Chapters 1 Review through 7 of the Administrative Code, as applicable, fine one cop4&y. of the staff report and application materials shall be forwarded to the Hearing Examiner for all matters assigned to the Hearing Examiner. The Hearing Examiner has no authority to grant a NIM waiver. Pre -Hearing The Hearing Examiner may have shall refrain from ex parte communications with any Conference party or person to the greatest extent possible or otherwise disclose the ex parte communication at the beginning of public hearing. Motions for Unless good cause is shown, all motions for disqualification of the Hearing Examiner shall Disqualification be filed no later than ten (10) working days prior to the scheduled public hearing before the Hearing Examiner. The motion shall be accompanied by an affidavit stating particular grounds, which shall be limited to those for which a judge may be disqualified. The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely, the motion shall be ruled on by the Hearing Examiner before whom the case is pending. If the motion and affidavit are found legally sufficient, the Hearing Examiner shall disqualify himself or herself after which the matter will be set for hearing as provided for in the Land Development Code for such particular action. The Hearing Examiner may also recuse or disqualify himself or herself at any time in accordance with Ord. 2013-25, as amended. Notice Public notice is required for all Hearing Examiner hearings. G See the specific Administrative Code section for the public notice requirements necessary for the petition. a See Chapter 8 of the Administrative Code for additional notice information. Public Hearing — The paffieiP@Rts an rties before the Hearing Examiner shall be the applicant and Collier Parties and County. Participants fayaF of the pliGation exclusive of the applicanti whereas the opponentshell he ..I any other paFties of r arr All partiGipants ill testify under oath. The public, including any proponents and opponents. are participants. Public Hearing — 1. Due Process. For hearings, basic due process requires that the parties have notice of Rules of Procedure the hearing and an opportunity to be heard. Parties must be able to present evidence and be informed of all the facts upon which the County acts. The term "parties" to 290 1 Page Revised: 12/20/2022 Packet Pg. 596 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner any proceeding are the Applicant and the County (or their representatives) and does not include public participants or their representatives. 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient, in itself, to support a finding by the Hearing Examiner unless it would be admissible over objections in a civil action. 3. Application of rules. The Hearing Examiner is responsible for ensuring these rules are applied equally and consistently to all evidence and testimony presented by the parties and public participants. 4. Burden of Proof. The applicant has the burden of proof to show by competent and substantial evidence that the proposed request conforms to the LDC and the GMP. S. Expert Witness. A witness may be qualified by the Hearing Examiner as an expert through specialized knowledge, training, experience or education, which is not limited to academic, scientific or technical knowledge. Public Hearing — 1. Hearings will be conducted in an informal but courteous and professional manner. To Order of the extent possible and at the Hearing Examiner's discretion, the order of Proceedings proceedings will be as follows: • a. Hearing Examiner's explanation of rights and responsibilities of all interested persons as well as an explanation of future proceedings that may occur in relation to the matter to be heard. . b. The announcement of the matter to be heard and if applicable, Hearing Examiner discloses all ex parte communications. . c. Under oath, the swearing in of expertwitnesses and all participants prior to the hearing. • d6. FelpFeseRtative. Presentation of County's position. . ed. o...wntatien of C,., nty', ..esitign. Presentation of request or appeal by applicant. appellant, or representative. . fe, Public participation and comment. . gf, Rebuttal and closing statement by applicant, appellant or representative. Rebuttal testimony may not be used to provide new information. Only parties may engage in director cross examination of witnesses. 2. Questioning shall be confined as closely as possible to the scope of direct testimony. The Hearing Examiner may call and question witnesses as hp ^• ghp dppmg necessary and appropriate. The Hearing Examiner shall decide all questions of procedure and will raise questions and provide comments at any time during the hearing. Public Hearing — The Hearing Examiner shall not be limited to the evidence presented by Applicant or Matters to be County at the hearing. The Hearing Examiner may consider any additional relevant considered by the evidence based on the record, including, but not limited to, any of the following: Hearing Examiner 291 1 Page Revised: 12/20/2022 Packet Pg. 597 1O.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner 1. The history of the subject parcel. 2. Applicable regulations and development standards promulgated. 3. Applicable goals, objectives, and policies contained in the Comprehensive Plan. 4. Reports and recommendations filed by reviewing agencies. 5. Physical characteristics of the subject parcel and surrounding lands. 6. Impact on the surrounding transportation network. 7. Availability and capacity of public services. 8. Nature of and impacts on surrounding land use. 9. Environmental impact of the proposed development activity. 10. Application of criteria in LDC relating to the requested petition. 11. Site visit. 12. All such additional relevant evidence shall be made part of the record at the hearing. Public Hearing — 1. The decision of the Hearing Examiner shall be in writing and include: Findings and Decision of the . a. Summary of proposed development activity and the evidence Hearing Examiner presented. • b. Findings of fact and conclusions of law, including compliance or noncompliance of the proposed development activity with applicable provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). • L. A decision to grant, grant with conditions or deny the application with reasons therefore specified, including any recommended conditions. 2. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address and a stamped, self-addressed envelope for that purpose. Public Hearing — 1. A verbatim transcript of all public hearings before the Hearing Examiner shall be Record of hearing recorded bythe Clerk of the Board and also transcribed by an official court reporter. before the Hearing Any person may request and obtain a transcript of the record from the court reporter Examiner at their own expense. 2. The record of the hearing before the Hearing Examiner shall consist of: • a. The application and accompanying documents. • b. Staff reports, written submissions and recommendations. • c. All exhibits and documentary evidence. • d. The decision of the Hearing Examiner. • e. Verbatim transcript of the proceedings. o..tin Hearing — npr,mgg n. <h,u be filed.vmth the Clerk.,, the Rn;;rd of County hGrnrnissien@F t Commented [H106]: Already stated below in next Dpr:y g to hp subsection. rated 292 1 Page Revised: 12/20/2022 Packet Pg. 598 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner Public Hearing — A copy of the decision of the Hearing Examiner is required to be filed with the Clerk of the Decision of the Board within 30 working days after the conclusion of the public hearing before the Hearing Examiner Hearing Examiner. The Hearing Examiner will deliverall decisions by electronic mail or regular mail. An amendment to the decision can occur for scrivener errors. Public Hearing — Decisions of the Hearing Examiner shall be noted for information purposes on the zoning Decisions to map for variances, conditional uses, and boat dock extensions. Notated on Zoning Map Public Hearing — 1. On motion by a party, the Hearing Examiner may grant a rehearingon an application Reconsideration of for the following reasons: fa Matter by the . a. Mistake, inadvertence or excusable neglect; Hearing Examiner • b. Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or • c. Fraud, misrepresentation or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. 3. Upon the Hearing Examiner's approval of such a motion. the County will schedule the public hearing before the Hearing Examiner and provide public notice to the parties and record participants. The reconsideration hearing shall be conducted in accordance with the aforementioned rules of procedures and order of proceedings. Public Hearing — Continuance(s) of the public hearing shall be permitted for good cause as determined by Continuance(s) the Hearing Examiner on the date of the scheduled hearing. If the continuance of the public hearing is to a specific date and time, then re -advertisement of the hearing shall not be required. Public Hearing — 1. Within 30 days after the Hearing Examiner's written determination has been Appeal of the rendered, eitherthe County or the landowner may appeal the determination to the Decision by the Board of Goupty Zoning Agoeals. Any additional fee for a landowner - Hearing Examiner initiated appeal must accompany the appeal. At the public hearing, the Board of Ga ;ty CeFnFniggiAnPF4 Zoning Appeals will reviewthe record created by the Hearing Examiner's proceedings, but the Board may by majority vote acceptevidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: a. Affirm the Hearing Examiner's determination, with or without modifications orconditions; or • b. Reject the Hearing Examiner's determination, exceptthat the Board may not modify the determination or impose conditions, or rejectthe Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. 293 1 Page Revised: 12/20/2022 Packet Pg. 599 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner L. Any appeal of the Hearing Examiner's decision by a non-party , shall be heard by the circuit court. Updated 294 1 Page Revised: 12/20/2022 Packet Pg. 600 10.A.e Text underlined is new text to bead ded Chapter 10. Where to Find Current Information This Administrative Code references an umber of documents that are important to the development process. All of these documents are available atthe Planning 9 7aning Department Development Services offices, oronline at the references listed below. These documents include: Document Description Reference Collier County Growth The GMP establishes the County's official Online at Management Plan ("GMP") policies for land development. All land development regulations and permits `�^r = must be consistent with the GMP. https://www.colliercountvfl.gov/g overnment/growth- manage ment/d ivisions/plann ing- and-zoning- division/comprehensive-planning- section/growth-manage me nt- Plan Collier County Land The LDC includes the regulations that Online at Development Code (LDC) implement the GMP. The processes in the htti)://Iibrary.municode.com/inde Administrative Code are based on the x.aspx?clientld=13992&stateld=9 LDC. &state Name= Florida (see discussion below) Zoning Map The Zoning Map shows the boundaries of Online at the County's zoning districts. https://www.colliercountvfl.gov/g overnment/arowth- management/divisions/planning- and-zoning-division/zoning- a s s i sta n t/f i n d- my-z o n i n e Code of Laws and Ordinances of The Code of Laws consolidates the Online at Collier County, Florida ("Code of County's laws — its general and permanent htti)://Iibrary.municode.com/inde Laws") ordinances. Several provisions of the x.aspx?clientld=10578&stateld=9 Code of Laws are implemented by &stateName=Florida procedures in the Administrative Code. Florida Statutes These include the state constitution and Online at state laws. The Administrative Code htto://www.lee.state.fl.us/Statut includes various referencestothe state es/index.cfm statutes. 2951 Page Revised: 12/20/2022 Packet Pg. 601 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter10 / Where to Find Current Information Growth Management Department website This includes individual division website links, information on popular services, organization charts. bac-kgreund iafermafion, applications, contacts, and other information relating to land development in Collier County. Growth Management These are the feesthat an applicant must Department (GMD) Fee pay when filing an application under the Schedule (September 292004i Administrative Code. The fees offset the cost of administering the LDC. The County will not accept an application unless the required fee is paid. Online at https://www.colliercountyfl.go v/government/growth- management. You can download Planning. Zoning and Land Use Application forms at https://www.colliercountyfl.go v/government/growth- manage me nt/d ivisions/plan n i ng-and-zoning- division/planning-and-zoning- applications Online at httDs://www.colliercountvfl.eov home/showpublisheddocument/9 7811/637689434468870000 Applicants should checkthe website before filing an application, because the fees change from time to time. The Land Development Code (LDC) is codified on the Municipal Code Corporation's website at www.municode.com. Click"Online Code Library," then click"Florida," then click "Collier County," and then click the "Collier County Land Development Code" The codified ordinance may not be current. To find ordinances that have amended the LDC since its most recent codification, go the Collier County Clerk's website at htti3s!//www.ee 11 me FEIeFIE ^^^'/Feeefd' ^^"'^ https://colIierclerk.com/records-search/search-board-records/ click„ thep GliGk „ „ thew "114414 Validated Ordinances" and then clickthe year of the ordinance. Members of the general public may find it difficult to search through the minutes to locate an LDC provision they are interested in. A member of the Planning 9, Zoning DepaFtme„Division staff can assist you with finding the most current ordinancesthat affect development in your neighborhood or of your property. General descriptions and the amended LDC section for each ordinance can be searched by clicking on the County's Land Development Code website at the following hvperlink: htti)s://www.colliercountvfl.gov/government/growth- management/divisions/planning-and-zoning-division/land-develop ment-code-and-amendments/approved- ordinances. Printed copiesof the LDC, Growth Management Plan, and forms are available for purchase at the Growth Management Department building, located at 2800 N. Horseshoe Drive, Naples, FL. 296 1 Page Revised: 12/20/2022 Packet Pg. 602 10.A.e Text underlined is new text to bead ded Chapter 11. Contact Information Contact information is available on the County website. When an application is filed with theag iD@PaFtM@Rt applicable division, the appropriate staff member is assigned to the application. Staff will conduct a Completeness and Processing and will contact the applicant about whether the filing is in order. The applicant can contact the assigned staff member throughout the various steps of each process. 2971 Page Revised: 12/20/2022 Packet Pg. 603 10.A.e Chapter 12. Acronyms A —Rural Agricultural Zoning District AAB —Architectural Arbitration Board ACOE— Army Corps of Engineers ACP —Agricultural Clearing Permit ACSC—Area of Critical State Concern ADT— Average Daily Trips AFW —Administrative Fence Waiver APR —Administrative Parking Waiver ASI— AreaofSignificant Influence AVA —Administrative Variance BCC —Board of Collier County Commissioners BD— Boat Dock Petition BMUD — Bayshore Drive Mixed Used District BOAA —Building Board ofAdiustment and Aooeals BP — Business Park District BZA — Board of Zoning Appeals C-1 — Commercial Professional General Office District C-2 — Commercial Convenience District C-3 — Commercial Intermediate District C-4— General Commercial District C-5 —Heavy Commercial District CCME — Conservation and Coastal Management Element CCPC— Collier County Planning Commission CCSL(P) — Coastal Construction Setback Line (Permit) CDD —Community Development District CEB — Code Enforcement Board CF—Community Facility CIE — Capital Improvement Element CIP —Capital Improvement Program CMO —Corridor Management Overlay CNSTR —Construction Plans C.O. —Certificate of Occupancy COA— Certificate of Public Facility Adequacy CON —Conservation Zoning District CRD —Compact Rural Development CSP — Conceptual Site Plan CU —Conditional Use DBH —Diameter at Breast Height DEO —Department of Economic Opportunity D.O. —Development Order DRI — Development of Regional Impact DSWT — Dry Season Water Table E— Estates Zoning District EAC— Environmental Advisory Council EIS — Environmental Impact Statement EPA — Environmental Protection Agency EWA — Early Work Authorization EXP— Excavation Permit FAC— Florida Administrative Code Revised: 12/20/2022 Text underlined is new text to bead ded FDEP —Florida Department of Environmental Protection FDOT —Florida Department of Transportation FFWCC— Florida Fish & Wildlife Conservation Commission FIAM —Financial Impact Analysis Module FIHS — Florida Interstate Highway System FLUCFCS - Land Use Cover and Forms Classification Syste m FLUE —Future Land Use Element FLUM —Future Land Use Map FP — Minor Final Plat FS — Florida Statutes FSA — Flow way Stewardship Area GC —Golf Course GGAMP — Golden Gate Area Master Plan GGPPOCO — Golden Gate Pkwy Professional Office Commercial Overlay District GMD—Growth Management Department GMP —Growth Management Plan GPCD —Gallons Per Capita per Day GT — Gopher Tortoise GWP— Ground Water Protection Zone GZO—Goodland Zoning Overlay HAPB — Historic Archaeological Preservation Board HSA— Habitat Stewardship Area I— Industrial Zoning District ICBSD — Immokalee Central Business Subdistrict LDC— Land Development Code LOS — Level of Service LPA— Local Planning Agency LDBPA- Limited Density Bonus Pool Allocation LSPA— Littoral Shelf Planting Area M/F — Multi -family Use or Zoning MH —Mobile Home MHO —Mobile Home Overlay MLW — Mean Low Water MPP — Manatee Protection Plan MUP — Mixed Use Project NBMO — North Belle Meade Overlay NC —Neighborhood Commercial District NRPA — Natural Resource Protection Area NAVD — North American Vertical Datum NGVD —National Geodetic Vertical Datum O.C. —On Center P —Public Use District PDI- PUD Insubstantial Change PPL— Plans and Plat PSI— Pounds Per Square Inch PSP — Preliminary Subdivision Plat 2981 Page Packet Pg. 604 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter12 / Acronyms PUD —Planned Unit Development RSF —Residential Single -Family Districts RCW — Red Cockaded Woodpecker RFMU — Rural Fringe Mixed Use District RLS — Request for Legal Service RLSA(0) — Rural Lands Stewardship Area (Overlay) RMF —Residential Multi -Family Districts RNC — Residential Neighborhood Commercial Subdistrict R.O.W. — Right of Way RSF —Residential Single -Family SBCO — Santa Barbara Commercial Overlay District SBR —School Board Review SDP — Site Development Plan SDPA — Site Development Plan Amendment SDPI —Site Development Plan Insubstantial Change S/F—Single Family Use/Zoning SFWMD —South Florida Water Management District SIP — Site Improvement Plan SIPI —Site Improvement Plan Insubstantial Change SLR —Sound Level Reduction SRA — Stewardship Receiving Area SSA —Stewardship Sending Area Revised: 12/20/2022 ST—Special Treatment Zoning Overlay ST-NAR — Special Treatment -Natural Aquifer Recharge SWFRPC —Southwest Florida Regional Planning Council TCEA —Transportation Concurrency Exception Areas TCMA —Transportation Concurrency Management Areas TDR — Transfer of Development Rights TP—Turtle Permit TTRVC —Travel Trailer Recreational Vehicle Campground UMAM — Uniform Mitigation Assessment Method USFWS —United States Fish & Wildlife Service USACOE — United States Army Corps of Engineers VOB —Vehicle on the Beach Permit VR —Village Residential Zoning District VRP —Vegetation Removal Permit VRSFP — Vegetation Removal & Site Fill Permit W — Waterfront District WRA— Water Retention Area (within RLSA) WRAP —Wetland Rapid Assessment Procedure 299 1 Page Packet Pg. 605 10.A.e Text underlined is new text to bead ded Chapter 13. Glossary Addressing An addressing checklist is a form that must be signed by a member of the Addressing Staff. Checklist This form indicates the petition type, the legal description, folio/property identification number, the street address, location information, and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website, on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Department, ......................................................_...................................................................................................................................................................................................................................................... including their representative or agent. Applicant Contact The applicant contact information should include, but not limited to the following: Information . Applicant/owner or agent's: o Name; o Address; o Phone number; o Email address; and ......................................................_...................................................................................................................................................................................................................................................... o The name of the firm where the agent is employed, if applicable. Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of ......................................................_...................................................................................................................................................................................................................................................... architecture. Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and who practices principally in the design and construction of public works or infrastructure. Collier County The general codification of the general and permanent ordinances of Collier County, Code of Laws & Florida. The Code of Laws and Ordinances is available online at www.municode.com. Ordinances Electronic Copies An electronic version of all plans and documents, in PDF or Word format, on a CDROM as of all Documents part of the submittal package. Landscape A person who holds a license to practice landscape architecture in the State of Florida Architect under the authority of F.S. Chapter 481, Part II. ......................................................_......................................................................................................................................................................................................................................... Land The Collier County Land Development Code 2004-41. The LDC is available online at Development www.municode.com. Code (LDC) ................................................................................................................................................................................................................................................................................................ Mailed Notice q See LDC section 10.03.05 B. ......................................................_......................................................................................................................................................................................................................................... q See LDC section 10.03.05A. NIM ......................................................_......................................................................................................................................................................................................................................... Newspaper See LDC section 10.03.05 C:, and in accordance with F.S. section 125.66. Advertisement 3001 Page Revised: 12/20/2022 Packet Pg. 606 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter13 / Glossary Official Zoning The map that shows the location and boundaries of the zoning districts established by the Atlas LDC section ? n') 01. Planner ...................................................................................................................................................................................................................................................................................................................... A person who is certified by the American Institute of Certified Planners (AICP). Proof of A copy of the recorded deed, contract for sale or agreement for sale, or a notarized Ownership statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The application shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the awne W.. Property The folio number that identifies a property or the parcelsthat are assigned by the Collier Identification County Property Appraiser. Number ...................................................................................................................................................................................................................................................................................................................... Property Owner The owner of the property that is subject to an application for development approval, or the designated agent or attorney. Property Owners Persons or entities who own property in the area that are subject to a mailed written in the notice of a hearing, pursuant to LDC s64section 10.03.05 B., G See Chapter 8 of the Notification Area Administrative Code for additional information. PUD Ordinance The following list of documents and materials shall be provided for the following land use and Development applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Rlaawiag & Commitment Zoning ;warm n Division shall review the PUD materials concurrentwith all applicable Information land use applications. 1. PUD ordinance and any amendments. 2. A copy of the latest approved agreements. 3. An itemized list of all commitments identified within the agreement/ordinance and a corresponding detailed status report of the commitments. 4. Notarized affidavit from the owner/authorized agent that certifies all commitments within the agreements or PUD are compliant or not applicable at this time, or that work identified in the application being submitted fulfills the outstanding commitments. S. An up to date site drawing illustrating (exceptfor DRIs): a. All on -site and off -site infrastructure identified as a commitments which have been completed or are pending such as turn lanes, entrance lighting signalization, right-of-way dedication, water management, well fields, conservation easements, sidewalks, interconnections, etc. b. Other information as may be required by the County Manager or designee that is consistent with the monitoring of agreements and PUD ordinances. Sign G See LDC section 10.03.05 D. SOM G See LDC section 10.03.05 W and X. 301 1 Page Revised: 12/20/2022 Packet Pg. 607 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter14 / Appendices Chapter 14. Appendices Appendix A. The following is a flow chart identifying the State, Regional and Local Review Procedure. Development of Regional Impact (DRI) Procedure *F.S. section 380.06 Contact Regional Planning Council (RPC) Pre -application meeting with RPC and the County File application with artment of Economic OpportL ty (DEO), Planning and Zo 'ng Department and theAC 30 Days Maximum Applicant agrees to provide information Sufficiency determined by RPC o Applicant declines to provide Yes information The COUn sets hearing date and publish notice at a regular meeting 60 Days Minimum 50 Da s Maximum 90 Days Maxim RPC Report submi d to Planning and ZA RI Public Hearing -- �- 30 Days Maximum Development Order (D.O.) 45-day Appeal period begins once D Issued rendered to DEO. 302 1 Page Revised: 12/20/2022 Packet Pg. 608 10.A.e Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter14 / Appendices Ament of Regional Impact (DF; )cc: ssa. as This flowchart is based upon the State Land Planning Agency (SLPA) issuance of the Notice of Intent (W) and finding "In Camp ante" and no challenges by an affected Aarty- Pro-appbcation meetat4 with County Staff Fie Comprehensive Plan Amendment and DRI application with Planning and Zoning Division: pursuant to F.S. 183.3184(4) and (5} State Coordinated Review Process Sufficiency Determined by Sto"to submit comp6ete plan amendment to State Land Planning Agency and Review Agencies including RPC County holds PC and BGC Transmittal public hearings dates at regular meetings Applicant aarees to provide information Applicant dedines to provide information State Land Planning Agency (SLPA) issues Objections. Recommendations and Comments Report (ORC) County holds Plan Arnendrneni and DRI Adoption public hearings Final Development Order (DO) Issued and Notice r30-dayAi;F aw erind begins once DD of DO recorded by Owner/Developer with Clerk of is rendered to DEO Circuit Court 303 1 Page Revised: 12/20/2022 Packet Pg. 609 10.A.e Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chopter14 / Appendices Appendix B The following is the Hearing Examiner's Review Process Flowchart L 11 U 3 0 LL to c aU (U a x LU M r lueollddtl sd0 ;uno� 'JM9U1UOZ (otl:)) AMOI A1uno� X3H ;o Anal 304 1 Page Revised: 12/20/2022 Packet Pg. 610