Agenda 04/11/2023 Item #16H 2 (Staff to prepare an LDC amendment to repeal LDC section 5.05.15, Coversionof Golf Course) Proposed Agenda Changes
Board of County Commissioners Meeting
April 11,2023
Move Item 16H2 to 10D: Recommendation to direct staff to prepare an LDC amendment to repeal LDC Section
5.05.15, Conversion of Golf Courses. (All Districts)(Commissioners LoCastro,Saunders,McDaniel,Hall,and
Kowal Separate Requests)
Notes:
Item 15B1-Rock Crushing update
Scriveners Error in Item 16A9: The Property Appraiser uses 11-digit folio numbers, so the Folio number of
#377744880001 —should be 37742880001 removing an extra digit.
Correction to the Index Title for 16C3: The index title contains a typo "NCRWTP"should be "NCRWTP".
TIME CERTAIN ITEMS:
Item 10C to be heard immediately following 5C: Recommendation to direct the Clerk of the Circuit Court to
timely transfer$30 million to the State of Florida pursuant for the "State Veterans' Nursing Home" project.
Item 10A to be heard immediately following 9A: Recommendation to adopt the Collier County Health Freedom
Resolution.
Item 11D to be heard no sooner than 1 PM: Recommendation to execute a new Interlocal Agreement between
Collier County and the Greater Naples Fire Rescue District for continued management of the Ochopee Fire District.
4/11/2023 8:49 AM
04/11/2023
EXECUTIVE SUMMARY
Recommendation to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15, Conversion
of Golf Courses.
OBJECTIVE: To repeal the golf course conversion process set forth in Land Development Code (LDC) Section
5.05.15 to remove a process that is not working and has led to two Bert Harris claims.
CONSIDERATIONS: On March 28, 2017, the Board of County Commissioners adopted Ordinance No. 2017-10,
which created a process for constructed golf courses to change to a different use, to minimize impacts to adjacent
residential property owners. The LDC amendment had two key components: (1) An Intent to Convert application
requiring Stakeholder Outreach meetings to review development plan options and engage the community early on
in the planning process to facilitate "collaboration, interaction, and cooperation" between the parties, and (2)
Additional development standards, to be reviewed by the Board at time of rezone, such as a Greenway
approximately 100 feet in width to ensure compatibility with adjacent uses.
With respect to the Intent to Convert Process, there are two projects that have pending Intent to Convert
applications with companion rezone applications. Both projects have completed all or part of the Stakeholder
Outreach meetings. In both instances, the Stakeholder outreach meetings were not successful in getting the
developer and adjacent owners to come together, compromise and reach a consensus on any of the issues. The
Stakeholder Outreach meetings have proven contentious and unproductive.
With respect to the Additional Development Standards, they have resulted in two Bert Harris claims. One issue has
been the applicability of the conversion process to stand-alone golf courses that are not part of a residential
development. Another issue has been the ability of the Board to approve alternative designs for development.
I would like to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15. As part of the process,
the amendment would be reviewed by the Planning Commission, whose recommendation could be to repeal all or
part of it, or to amend the ordinance into an effective process.
CAL IMPACh None at this time.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners direct staff to prepare an LDC amendment to
repeal LDC 5.05.15, Conversion of Golf Courses.
Prepared by: William L. McDaniel, Jr., District 5 Commissioner
ATTACHMENT(S)
1.5.05.15 Conversion —of Golf Courses (DOCX)
I Packet Pg. 1131
04/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1-1.2
Doe ID: 24837
Item Summary: Recommendation to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15,
Conversion of Golf Courses.
Meeting Date: 04/11/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
03/02/2023 3:47 PM
Submitted by:
Title: Commissioner District 5 — Board of County Commissioners
Name: Bill McDaniel
03/02/2023 3:47 PM
Approved By:
Review:
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Christopher Johnson Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
04/05/2023 12:06 PM
Completed
04/05/2023 12:52 PM
Completed
04/05/2023 3:01 PM
Completed
04/05/2023 4:58 PM
04/11/2023 9:00 AM
I Packet Pg. 1132 1
5.05.15 Conversion of Golf Courses
A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of golf course conversion
on real property by requiring outreach with stakeholders during the design phase of the conversion project
and specific development standards to ensure compatibility with the existing land uses. For the purposes of
this section, property owners within 1,000 feet of a golf course shall hereafter be referred to as stakeholders.
Stakeholder outreach process. The intent is to provide a process to cultivate consensus between the
applicant and the stakeholders on the proposed conversion. In particular, this section is designed to
address the conversion of golf courses surrounded, in whole or in part, by residential uses or lands
zoned residential.
Development standards. It is the intent of the specific development standards contained herein to
encourage the applicant to propose a conversion project with land uses and amenities that are
compatible and complementary to the existing neighborhoods. Further, the applicant is encouraged to
incorporate reasonable input provided by stakeholders into the development proposal.
B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments, and Compatibility
Design Review petitions, hereafter collectively referred to as "conversion applications," shall be subject to
LDC section 5.05.15. A conversion application shall be required when an applicant seeks to change a
constructed golf course to a non -golf course use. However, where a permitted, accessory, or conditional use
is sought for a golf course zoned Golf Course and Recreational Uses (GC), the applicant shall be exempt from
this section except for LDC section 5.05.15 H.
Zoning actions. This section applies to a golf course constructed in any zoning district where the
proposed use is not permitted, accessory, or conditional in the zoning district or tract for which a
zoning change is sought. Zoning actions seeking a PUD rezone shall be subject to the minimum area
requirements for PUDs established in LDC section 4.07.02; however, the proposed PUD shall not be
required to meet the contiguous acres requirement so long as the PUD rezone does not include lands
other than the constructed golf course subject to the conversion application.
Stewardship Receiving Area Amendments. This section applies to a golf course constructed on lands
within a Stewardship Receiving Area where the proposed use is not permitted, accessory, or
conditional in the context zone for which the change is sought.
Compatibility Design Review. This section applies to a golf course constructed in any zoning district or
designated as a Stewardship Receiving Area that utilize a non -golf course use which is a permitted,
accessory or conditional use within the existing zoning district or designation. Conditional uses shall
also require conditional use approval subject to LDC section 10.08.00.
C. Application process for conversion applications.
Intent to Convert application. The applicant shall submit an "Intent to Convert" application to the
County prior to submitting a conversion application. The following is required of the applicant:
(Supp. No. 26)
Application. The Administrative Code shall establish the procedure and application submittal
requirements, including: a title opinion or title commitment that identifies the current owner of
the property and all encumbrances against the property; the Developer's Alternatives Statement,
as provided for below; and the public outreach methods to be used to engage stakeholders at the
Stakeholder Outreach Meetings, as established below.
Public Notice. The applicant shall be responsible for meeting the requirements of LDC section
10.03.06.
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Developer's Alternatives Statement requirements. The purpose of the Developer's Alternatives
Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant's
development options and intentions. It is intended to encourage communication, cooperation, and
consensus building between the applicant, the stakeholders, and the County.
Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and
objectives for the conversion project. The DAS shall address, at a minimum, the three alternatives
noted below. The alternatives are not intended to be mutually exclusive; the conceptual
development plan described below may incorporate one or more of the alternatives in the
conversion project.
i. No conversion: The applicant shall examine opportunities to retain all or part of the golf
course. The following considerations are to be assessed:
a) Whether any of the existing property owners' association(s) reasonably related
to the golf course are able to purchase all or part of the golf course; and
b) Whether any of the existing property owners' association(s) and/or any new
association reasonably related to the golf course can coordinate joint control
for all or part of the golf course.
ii. County purchase: The applicant shall coordinate with the County to determine if there is
interest to donate, purchase, or maintain a portion or all of the property for a public use,
such as a public park, open space, civic use, or other public facilities. This section shall not
require the County to purchase any lands, nor shall this require the property owner to
donate or sell any land.
iii. Conceptual development plan: The applicant shall prepare one or more proposed
conceptual development plans, consistent with the development standards established in
LDC section 5.05.15 G, depicting the proposed conversion. The applicant shall share the
conceptual development plan with the stakeholders at the Stakeholder Outreach Meetings
as described below. The conceptual development plan shall include a narrative describing
how the plan implements and is consistent with the goals and objectives identified in the
DAS. The conceptual development plan shall depict the retained and proposed land uses,
including residential, non-residential, and preserve areas; existing and proposed roadway
and pedestrian systems; existing and proposed trees and landscaping; and the proposed
location for the greenway, including any passive recreational uses. The narrative shall
identify the intensity of the proposed land uses; how the proposed conversion is
compatible with the existing surrounding land uses and any methods to provide benefits or
mitigate impacts to the stakeholders. Visual exhibits to describe the conceptual
development plan and amenities, including the greenway, shall also be provided.
Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs are intended to engage
the stakeholders early in the conversion project and inform the applicant as to what the stakeholders
find important in the neighborhood, what the stakeholders consider compatible with the
neighborhood, and what types of land uses they would support to be added to the neighborhood. An
assigned County planner shall attend the SOM and observe the process. The following is required of
the applicant:
(Supp. No. 26)
The Administrative Code shall establish the procedure and application submittal requirements
The applicant shall conduct a minimum of two in -person SOMs and a minimum of one web -
based visual survey on the proposed conceptual development plan(s). The web -based survey
web address shall be incorporated in the mailings notifying the stakeholders of the in -person
SOMS.
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C. At the SOMs, the applicant shall provide information to the stakeholders about the purpose of
the meeting, including a presentation on the goals and objectives of the conversion project, the
conceptual development plan, the greenway concept, and the measures taken to ensure
compatibility with the existing surrounding neighborhood. A copy of the full Developer's
Alternative Statement shall also be made available at each SOM. The applicant shall facilitate
discussion on these topics with the stakeholders using one or more public outreach method(s)
identified in the Administrative Code.
SOM report for conversion applications. After completing the SCIVIs the applicant shall prepare a
SOM report. The report shall include a list of attendees, a description of the public outreach
methods used, photos from the meetings demonstrating the outreach process, results from
outreach methods, and copies of the materials used during the SOMs. The applicant shall also
include a point -counterpoint list, identifying input from the stakeholders and how and why it was
or was not incorporated in the conversion application. The report shall be organized such that
the issues and ideas provided by the stakeholders are clearly labeled by the applicant in the list
and the conversion application.
Conversion application procedures. An applicant shall not submit a conversion application (e.g. rezone,
PUDA, SRAA, Compatibility Design Review) until the Intent to Convert application is deemed
completed by County staff and the SCIVIs are completed. Thereafter, the applicant may proceed by
submitting a conversion application with the County as follows:
Zoning actions. For projects subject to 5.05.15 B.1., the applicant shall file a PUDA or rezone
application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited;
further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or
NIM.
Stewardship Receiving Area Amendments. For projects subject to 5.05.15 B.2., the applicant shall
file a Stewardship Receiving Area Amendment application, including the SOM report. Deviations
to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall
be shared with the stakeholders at a SOM or NIM.
C. Compatibility Design Review. For projects subject to 5.05.15 B.3., the applicant shall file a
Compatibility Design Review application, including the SOM report.
Criteria and staff report for conversion applications. In addition to the requirements established in LDC
sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff report shall evaluate the following:
1. Whether the applicant has met the requirements established in this section and development
standards in the LDC. In particular, that the proposed design and use(s) of the greenway, as applicable,
meet the purpose as described 5.05.15 G.2.
2. Whether the SOM report and point -counterpoint list described above reflect the discussions that took
place at the SCIVIs.
3. Whether the applicant incorporated reasonable input provided by the stakeholders to address impacts
of the golf course conversion on stakeholders' real property.
4. Whether the applicant provided an explanation as to why input from the stakeholders was not
incorporated into the conceptual development plan.
Supplemental review and approval considerations for zoning actions and Stewardship Receiving Area
Amendments. The report and recommendations of the Planning Commission and Environmental Advisory
Council, if applicable, to the Board shall show the Planning Commission has studied and considered the staff
report for conversion applications, reasonable input from the stakeholders, the criteria established in LDC
section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as
(Supp. No. 26)
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applicable. In particular, the Planning Commission shall give attention to the design of the greenway and how
it mitigates impacts to real property. Further attention shall be given to who can use the greenway. The
Board shall consider the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections
10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and recommendation.
F. Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is intended to address the
impact of golf course conversion on real property by requiring the conceptual development plan to be
reviewed for compatibility with the existing surrounding uses. The following is required:
1. Application. The Administrative Code shall establish the submittal requirements for the compatibility
design review application.
2. Public Notice. The applicant shall be responsible for meeting the requirements of LDC section 10.03.06.
3. Compatibility Design Review. The Planning Commission shall review the staff report as described in
5.05.15 D, the Compatibility Design Review application, and make a recommendation to the Board
based on the following criteria:
a. Whether the applicant has met the applicable requirements established in this section and
reasonably addressed the concepts identified in LDC section 5.05.15 D.2. - D.4.
b. Whether the conceptual design is compatible with the existing surrounding land uses.
C. Whether a view of open space is provided that mitigates impacts to real property for the
property owners that surround the golf course.
d. Whether open space is retained and available for passive recreation.
4. The Board shall consider the criteria in ILDC section 5.05.15 F.3., above, the staff report and the
Planning Commission report and approve, approve with conditions, or deny the application. Upon
approval of the application, the applicant shall obtain approval of any additional required development
order, such as a SDP, construction plans, or conditional use.
G. Development standards. The following are additional minimum design standards for zoning actions and
Stewardship Receiving Area Amendments. The Compatibility Design Review process shall only be subject to
LDC section 5.05.15 G.6.
1. Previously approved open space. Golf course acreages utilized to meet the minimum open space
requirements for a previously approved project shall be retained as open space and shall not be
included in open space calculations for any subsequent conversion projects.
Greenway. The purpose of the greenway is to retain an open space view for stakeholders, support
passive recreational uses, and support existing wildlife habitat. For the purposes of this section the
greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such
as: open space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf courses,
exercise equipment, and multi -use paths. The Board may approve other passive recreational uses that
were vetted at the Stakeholder Outreach Meetings. The greenway shall not include required yards
(setbacks) of any individual lots.
a. The greenway shall be contiguous to the existing residential properties surrounding the golf
course and generally located along the perimeter of the proposed development. The Board may
approve an alternative design that was vetted at the Stakeholder Outreach Meetings, as provided
for in LDC section 5.05.15 C.3.
b. A minimum of 35 percent of the gross area of the conversion project shall be dedicated to the
greenway. The greenway shall have a minimum average width of 100 feet and no less than 75
feet at any one location.
(Supp. No. 26)
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C. Maintenance of the greenway shall be identified through the zoning or and Stewardship
Receiving Area Amendment process.
d. The greenway may be counted towards the open space requirement for the conversion project
as established in ILDC section 4.02.00 except as noted in G.1. above.
e. Existing trees and understory (shrubs and groundcover) shall be preserved and maintained within
the greenway, except where minimal improvements are needed that provide a passive
recreational use. At a minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet
within the greenway. Existing trees may count toward the ratio; however, trees within preserves
shall be excluded from the ratio.
f. A wall or fence is not required between the greenway and the proposed development; however,
should a wall or fence be constructed, the fence shall provide habitat connectivity to facilitate
movement of wildlife in and around the greenway.
g. A portion of the greenway may provide stormwater management; however, the greenway shall
not create more than 30 percent additional lake area than exists pre -conversion in the greenway.
Any newly developed lake shall be a minimum of 100 feet wide.
h. The applicant shall record a restrictive covenant in the County's official records describing the
use and maintenance of the greenway as described in the zoning action or SRA Amendment.
Preserve requirements. The following preserve standards supplement those established in LDC section
3.05.07.
Where small isolated areas (of less than % acre in size) of native vegetation (including planted
areas) exist on site they may be consolidated into a created preserve that may be greater than Y2
acre in size in the aggregate to meet the preserve requirement.
Existing County approved preserve areas shall be considered as follows:
i. Golf courses within a conventional zoning district. All County approved preserve areas shall
be retained and may be utilized to meet the preserve requirements for the conversion
project.
ii. Golf courses within a PUD. All County approved preserve areas shall be retained. Preserve
areas in excess of the PUD required preserve acreage may be used to meet the preserve
requirement for the conversion project.
4. Stormwater management requirements. The applicant shall demonstrate that the stormwater
management for the surrounding uses will be maintained at an equivalent or improved level of service.
This shall be demonstrated by a pre versus post development stormwater runoff analysis.
5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain compensation shall be
provided.
6. Soil and/or groundwater sampling may be deferred by the applicant to Early Work Authorization
(EWA), SDP, or PPIL submittal, whichever is the first to occur, if the sampling has not been completed by
the rezoning, SRA amendment, or compatibility design review public hearings. See LDC Section 3.08.00
A.4.d.
7. All other development standards. The conversion of golf courses shall be consistent with the
development standards in the LDC, as amended. Where conflicts arise between the provisions in this
section and other provisions in the LDC, the more restrictive provision shall apply.
Design standards for lands converted from a golf course or for a permitted use within the GC zoning district
shall be subject to the following design standards.
(Supp. No. 26)
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Lighting. All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a
minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full
cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the
SOMs and the public hearings, as applicable.
Setbacks. All non -golf course uses, except for the greenway, shall provide a minimum average 50-foot
setback from lands zoned residential or with residential uses, however the setback shall be no less
than 35 feet at any one location.
(Ord. No. 17-10, § 3.D; Ord. No. 21-25, § 3.C)
(Supp. No. 26)
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