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Agenda 01/16/2024For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov 2024 Land Development Code Amendments - Public Meeting - Development Services Advisory Committee - Land Development Review Subcommittee Tuesday, January 16, 2024 3:00 p.m. 2800 N. Horseshoe Dr., Naples, FL Growth Management Community Development Department Building Conference Room 609/610 Agenda: 1. Call to Order 2. Approve Agenda 3. Old Business 4. New Business a. PL20230012905 – Updates to Golf Course Conversion – Intent to Convert Process b. PL20230018350 – Updates to Requirement for Removal of Prohibited Exotic Vegetation 5. Public Comments 6. Upcoming DSAC-LDR Subcommittee Meeting Dates: a. Tuesday, April 16, 2024 b. Tuesday, July 16, 2024 c. Tuesday, October 15, 2024 7. Adjourn 1 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230012905 SUMMARY OF AMENDMENT This LDC amendment shall clarify the Board of County Commissioners and Collier C ounty Planning Commission has the discretion to address,on a “case-by-case”basis, a reduction in the required average minimum Greenway width for a golf course conversion application during the rezoning process. It provides an opportunity for the public’s review of the existing golf course conversion process, previous experiences with Intent to Convert (ITC) applications, and offer recommendations to the Board. Procedural changes to the Administrative Code are part of this amendment. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 5.05.15 Conversion of Golf Courses CCPC TBD DSAC TBD DSAC-LDR 01-16-24 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND On February 14,2023, the Board directed staff to bring back a LDC amendment to “clarify” that the Boardhas the discretion on a “case-by-case basis”to reduce the minimumaverage greenway width of 100 feet and no less than 75 feet at any one location during the rezoning process. Furthermore, on April 11, 2023, the Board recognized the ITC application process has not been effective, as initially intended,and directed staff to bring back recommendations and offer amendments in greater detail with any analysisthat could improve the process , if not, the Board could repeal the Intent to Convert process. Currently ,the LDC text in LDC section 5.05.15C 4.a. and b., for golf course conversion application procedures, stipulate “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.” However, there is flexible text,provided in LDC section 5.05.15 G.2.a. Development Standards for the Greenway ,which states,“The Board may approve an alternative design that was vetted at the Stakeholder Outreach Meeting, as provided in LDC section 5.05.15 C.3.”. Additionally, LDC section 5.05.15 G.2.b. sets forth another standard that requires, “A minimun of 35% of the gross area of the conversion project be dedicated to the Greenway”. These greenway provisions have resulted in conflicting interpretationsfor golf course conversions to non-golf course uses, particularly when agricultural zoned property has been condtionally approved for golf course use without an integrated residential development plan or recorded plat or the inclusion for a homeowner’s association to benefit golf course purchasers and their successors in inte rest and the abutting property is zoned non-residential. Since the Board adopted a framework and processfor the conversion of constructed golf courses to a different land use on March 28, 2017, the County has received three Intent to Convert (ITC) applications for Golf Course Conversions (Golden Gate Golf Course, Reviera Golf Club of Naples, and Evergreen, aka. Ironwood). Each zoned Golf Course and Recreational Use District -“GC” have completed the requiredtwoStakeholder Outreach Meetings (SOMs). While observing these SOMs, staff foundthe relative pastorialopen space views and whether they are 2 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx reasonably sustained or mitigated during the ITC process and subsequent golf course rezoning phase require extensive detailed design reviews. These design details can occur at different times during the development review process and atdifferent phases,dependant upon the use, proposed buildings, and can vary for specific development tracts. Currently, only three out of a total of eleven GC zoned properties have completed the County’s ITC application process. An inventory, dated 2017,of the potiential remaining 57 golf courses (zoned PUD) for conversion within the unincorporated area of the County with their respective acreage and zoning are listed in Exhibit E, Golf Course Inventory2023.Only three existing golf courses are less than 40 acres in size.Two new golf courses (The Kinsale Golf Club and The National at Ave Maria) brings the total golf course inventory up to 71 since 2017. In 2023, Rivergrass Village was approved for a future 18 hole golf course. After the Board’s zoning approval, two examples of the need to reduce the required greenway width occurred for the Golden Gate Golf Course Mixed-Use Planned Unit of Developmentto accomodate detailed site development designs for the State of Florida Veteran’s Nursing Home (Community Facility Use Site) and Rural Lands Neighborhood (Affordable Housing Site). Bothbuilding projects were determined to be in the public’s best interest and the Board justified a reduction in greenway widths for each project which required a rezoning amendment. With an earlyintervention public hearing process, abasis toward better knowledge and communication can be built resting on stakeholder opinions of golf course redevelopment. This process starts as an act of stakeholders working together in a joint project and effort with the developer. Additionally, research has shownan applicant’s proactive approach and earlier engagement process with stakeholders results in a more successful outcome to reactive contentious responses.This amendment seeks to improve that process, achieveBoarddirectives, and build upon staff’s previous ITC conversion experiences as listed in Exhibit B. As participants in the planning process, the Board had received lettersfrom the Lakewood Community Services Association, Inc . who requested the Board to “…solicit input from the various stakeholders,review the ITC Ordinance and make recommendations to the Commissioners, based upon staff’s experience to date, as to amendments that could improve upon the existing ITC Ordinance.”, and from Rive ria Golf Estates Homeowners Association, Inc. seeking the Board’s direction to direct staff to “…(2) review and make recommendations to the Commissioners that would improve upon the existing code.”In recognition of these letters and public comments received to date, staff is seeking the Board’s direction to affirmandinsitute improvements based upon staff’s prior experiences with the ITC conversion process andstakeholder outreach meetings.This will allow staff to continue to monitor all golf course conversions and offer recommendations on a “case-by-case basis”in the future. What was the nexus for 100 feet greenway requirement? It was in response to recognize golf courses are a community asset and the community’s concern for when golf courses are no longer viable, the changing economic golf industry, declining player participation and most importantly the impact to adjacent and neighboring property owners. The County took early steps to avoid or minimize lengthy stumbling blocks for the redevelopment of constructed golf courses that are costly and time sensitive. With an early intervention process, a basis of better knowledge and communication can be built resting on stakeholder’s opinions of golf course redevelopment and that collaboration results in the best outcome for all parties. This is why the process would start as an act of stakeholders working together in a joint project to assess the issues and outline time requirements before filing a formal golf course conversion application . When there are reactive contentious responses, research has shown a greater proactive and successful outcome occurs for methods and processes seeking recommendations b ased on the input received. The 100 feet greenway requirement had been based upon several other municipalities, counties, and projects that introduced a greenway, including but not limited to: President’s Place (100 feet), Royal Oak Golf Course (50 to 75 feet), City of Palm Coast (150 feet setback from multifamily platted lots), Lexington, SC (100 feet from residential), Prince George County, MD (150 to 300 feet dependent on the adjoining land use), Miami Dade County (Golf courses are designated as Greenways by the Growth Management Plan). 3 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx A Historical Perspective to Collier County’s Golf Course Zoning Buffer Setback and Rational Nexus Staff reviewed the prior history for buffer setbackstandards within a golf coursezoned districtand the 2017 Board’s action to establish a Greenway for golf course conversions. Prior to October 8, 1968, when the Board of County Commissioners first established zoning regulations (Section 11.22) for a golf course district and golf courses as a principal use with a minimun 50 feet buffer, golf courses were an allowed use within the Single Family Residential Zoning District R-1. Beginning on Octoer 8, 1968,“plans forthegolf courseor other outdoor recreation facility and all accessory use had to be submitted to the Planning Commission,and constructionoccurred in accordance with the approved plans and specifications.”Further,“Such plans shall be processed in the same manner as as a subdivision plat.”One of the general requirementsstated is that “building and activitesshall be set back a minimum of 50 feet from abutting residential districts and the setback are a shall be attactively maintained to act as a buffer.” Later, b y Ordinance 76-30, the golf course plan approval requirements changed to require the Director of the Department of Community Development to review plans and approve their construction. The “perimeter boundaries” of such plans had to “be recorded in the same manner as a subdivision plat” and the buildings required a minimum setback of 50 feet from the abutting residential districts with the setback area being appropriately landscaped and maintained to act as a buffer zone .These provisions remained the same even when Ordinance 82- 02 was adopted. It was by Ordinance 91-102,that the “Minimum Yard Requirement”of the Golf Course District was modified to specify the following; “For any yard abutting residential designated property, the minimum yard shall be fifty feet (50’) with landscaping and buffering as required for the district or use with the most similar types, densities and intensities of use.” The maximum density wasnot applicable (Section 2.2.1.4.5) with the exception for a maximum of two residential units for use by golf course employees in conjunction with the operation of the golf course as a principal use. This provisionwas subsequently modified by Ordinance 92-73 to statethe following; “A fifty foot (50”) yard setback requirement together with landscaping and buffering pursuant to Section 2.4.7.4 buffer type “B”, shall be provided adjacent to any residential district which is contiguous to the area of the go lf course upon which is located the clubhouse, and adjacent to all maintenance buildings. The length of the buffer shall be of sufficient distance to block the view of recreational activities, parking and any activities relative to any other buildings, structures or outside activities from contiguous residences.” By the time Ordinance 04-41 was adopted, the site design standards for a golf course (including hiking trails, walkways, multi-paths and observation decks, passive recreation areas, and disc golf)as principal uses, was restructured (Section 4.02.01, Table 2.1) to statethe lot design, building dimension standards other than a maximum 35 feet building heightand setbacksare nonefor the golf course. For the accessory uses:a clubhouse, pro shop, community center building, restaurant associated with the golf course, andgolf course maintenance building,there is a 50 footsetbackrequirementapplied to the external boundaries of the golf course district, inclusive of separately platted buffer tracts.Deviations to the adopted setback or buffer requirement could only occur at the time of rezoning approval for a planned unit of development. With over 30 contributing professional authors, including Nicklaus Design, Palmer Course Design Company, golf course and landscape architects, Desmond Muirhead and Guy L. Rando co-authored the text book,“Golf Course Development and Real Estate”for the Urban Land Institute in 1994. In chapter four,the design of the golf course’s scenic landscape is discussed as Ecological Sanctuaries™in every project.The golf industry’s commitment to environmental awareness and stewardship is evident from the layout of a course that reinforces the concept by maintaining strong, contiguous connections to the overall open space network with ecological zones that relate to the types of habitats found on a golf course. ExhibitD,illustrates the typical concept section for the design of adjacent fairways with a minimum maintained 50’ buffer to 100’ buffer as an ecological zone. This well-known ecological zone is separate from the primary rough (15’to 45’)within the golf course fairway and a secondary rough refer to as an “Enhancement/Creation Zone”. 4 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx The importance of open space use through the conversion of a course, is highly recognized and most recently acknowledged by the National Golf Foundation in 2022,“Repurposing of Golf Courses ”Report, which states “Ecosystem services are the recent trend for analyzing the best use for converting open land, like a golf course, to other uses, including those respo nding to the threats of climate change.” It is notable that for the Rural Fringe Mixed-Use District, “…golf course turf areas (pursuant to LDC Section 2.03.08 A.2.b.(6))within the RFMU Receiving Lands, shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary);”. This buffer setback distance is greater than the aforementioned 50 foot building setback yard requirement. Other notable facts identified by staff during the prior ITC conversion applications review are the following : x Every golf course reuse will have a considerably greater engineering and redevelopment effect on nearby infrastructure than the golf course use. x A greater emphasis should be given to alternative conceptual development plans. x The golf course land owner is free to operate the golf course and existing underlying zoned uses, including recreational facilities, without an undue burden by the County. x The underlying existing zoning uses do not render an existing golf course’s land un-usable. x Pursuant to the FLUE of the GMP, Golf Courses located within the designated receivinglands that are greater than 40 acres in size mustprovidea minimum of 70% useable open space for the Rural Fringe Mixed Use District. If an affordable housing project is developed, that percentage may be reduced to 50 % useable open space. x The ITC process and its associated steps require a better explanation, rather than by the applicant, from an unbiased party, such as an assigned planner or a facilitator. It could be improved if the applicant submitted an orderly, concise set of documents with visual graphics. x When the outreach and presentation were solely conducted by one or two of the applicant’s representatives, coupled with an inadequate amount of time for participant input, the process became morepalatable to an intrinsic developer resulting in the reluctance to make minor changes to documents that stifled an open, honest, and collaborative manner. x In a prior SOM, staff observed stakeholders were agitated and restless when the applicant dominated the discussions, ignoring their concerns, questions, and unwilling to compromise. Staff still supports the ITC review process that offers an earlier insight to the material issues of the project and provides benefit to both parties. x When an applicant attempts to dominate the other, eith er by ignoring needs of the other side or by not giving them a chance to express concerns or desires, conflict arised to a heighten level. When conflict did occur, it costs both sides drastic time and money to reach a resolution if neither side is willing to compromise their position. There is good reason to start an earlier discussion rather than defer the outreach to the applicant’s rezoning petition. x It is important to have an open and balanced planning process for golf course redevelopment from the beginning to avoid sources of conflict which the ITC is the beginning of that process. The following eight Rural Fringe Mixed Use District zoned golf courses are locatedwithin the GMP designated Receiving Lands:PUD-Boyne South Golf Course, PUD-Olde Florida Golf Club, PUD-Golf Club of the Everglades, A-Twin Eagles Golf and CC (36 holes), A-CU Bonita Bay Club East (36 holes), A-CU Hideout Golf Club, A-CU Calusa Pines, and A-CU Links of Naples. The conversion of these golf courses are subject to the aforementioned limitation and the respective underlying zon eduses.Both the Links of Naples and Boyne South Golf Course are located within the Coastal High Hazard Area. The maximum residential density for the properties that are Agricultural/Rural Designated receiving lands is one (1) per 5 gross acres and one (1) per gross acre with transfer of development rights (TDRs) credits. 5 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Based upon the resolution adopted on October 8, 1968,and the research of other community standards,as updated by ExhibitC, staff recommends that no less than a minimum 50’ greenway buffer width be maintained unless there is an alternative design that would combine the total required greenway project acreage into one or more parcels. When specific project characteristics are deemed to be a benefit to the public health, safety, and welfare of the public, the Planning Commission and Board during the rezoning process may grant a further reduction. After the ITC process has been finalized, this amendment requires an environmental assessment and audit to be completed prior to the filing of a petition to convert a golf coursein a “conversion application ”. An environmental attorney, Cristian Lumpkin states in Builder Magazine, June 19, 2018,the following: “Golf course assessment and cleanup are complex, time-consuming and expensive. It requires hiring an environmental consultant with specific technical expertise and experience in golf course remediation to avoid wasting time and money on inappropriate investigation and remediation. Conducting adequate and timely environmental due diligence is essential because these sites tend to have residual soil and groundwater contamination related to the legal use of agro- chemicals…over a long period of time.It also entails ongoing coordination with the relevant regulatory agency to ensure that the agency understands the client's desired endpoint and agrees with the strategy to achieve it, which can often depend on the proposed future land use.” Requiring an environmental assessment and audit for soil and/or groundwater sampling prior to the approval of an early work authorization (EWA), site development plan (SDP), or subdivision plat (PPL) proves to be beneficial, as observed by staff after the costly experience with the redevelopment of the County’s Golden Gate golf course. Th is amendment seeksto promote better conversations between the developer and exist ing residential community. It clarifiesthe differencesbetween the ITC and conversion application process, modifies the greenway buffer width, and allows the Board and Planning Commission the flexibility, on a “case -by-case” basis, to alter the Greenway during the golf course conversion process. Contextual and procedural changes to specific sections of the Administrative Code are presented in Exhibit A. FISCAL & OPERATIONAL IMPACTS The cost associated with advertising the Ordinance amending the Land Development Code are estimated at $1,008.00. Funds are available within Unincorporated Area General Fund (1011), Zoning & Land Development Cost Center (138319). GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: A) Administrative Code Changes B) Process and Staff Improvements C) Other Communities Standards D) Golf Course Conceptual Design E) Golf Course Inventory 2023 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 6 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Amend the LDC as follows: 1 5.05.15 Conversion of Golf Courses 2 3 A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of 4 golf course conversion on real property by requiring outreach with stakeholders during the 5 design phase of the conversion project and specific development standards to ensure 6 compatibility with the existing land uses. The intent is to involve the public and require the 7 applicant to engage residents, property owners, and the community in outreach meetings 8 early in the conceptual design phase of a conversion project and examine compatibility 9 issues to existing neighborhoods and build an early consensus on alternative uses. By 10 involving the public early in the process, the application can be responsive to the 11 neighborhood concerns and avoid delays, continuances and appeals. 12 13 For the purposes of this section, property owners within 1,000 feet of a golf course shall 14 hereafter be referred to as stakeholders. 15 16 1. Stakeholder outreach process. The intent is to provide a process to cultivate 17 consensus between the applicant and the stakeholders on the proposed 18 conversion. In particular, this section is designed to address the conversion of golf 19 courses surrounded, in whole or in part, by residential uses or lands zoned 20 residential. 21 22 2. Development standards. It is the intent of the specific development standards 23 contained herein to encourage the applicant to propose a conversion project with 24 land uses and amenities that are compatible and complementary to the existing 25 neighborhoods. Further, the applicant is encouraged to incorporate reasonable 26 input provided by stakeholders into the development proposal. 27 28 Participation and/or completion of the intent to convert application process shall not imply 29 that a golf course conversion has received or will receive future rezoning approval to a 30 different land use by the Board. 31 32 B. Applicability. The following: zZoning aActions, Stewardship Receiving Area Amendments, 33 and Compatibility Design Review petitions, hereafter collectively referred to as 34 "c Conversion applications," shall be subject to LDC section 5.05.15. A c Conversion 35 application shall be required when an applicant seeks to change a constructed golf course 36 to a non-golf course use. However, where a permitted, accessory, or conditional use is 37 sought for a golf course zoned Golf Course and Recreational Uses (GC), the applicant 38 shall be exempt from this section except for LDC section 5.05.15 HD. Golf courses 39 constructed prior to [effective date of Ordinance amendment] as a conditional use in the 40 Rural Agricultural Zoning District and constructed golf courses that do not abut and/or are 41 not adjacent to residentially zoned property are also exempt from this section except for 42 LDC Section 5.05.15.D. 43 44 1. Zoning aActions. This section applies to a golf course constructed in any zoning 45 district where the proposed use is not permitted, accessory, or conditional in the 46 zoning district or tract for which a zoning change is sought. Zoning actions seeking 47 a PUD rezone shall be subject to the minimum area requirements for PUDs 48 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 7 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx established in LDC section 4.07.02; however, the proposed PUD shall not be 1 required to meet the contiguous acres requirement so long as the PUD rezone 2 does not include lands other than the constructed golf course subject to the 3 conversion application. 4 5 2. Stewardship Receiving Area Amendments. This section applies to a golf course 6 constructed on lands within a Stewardship Receiving Area where the proposed 7 use is not permitted, accessory, or conditional in the context zone for which the 8 change is sought. 9 10 3. Compatibility Design Review. This section applies to a golf course constructed in 11 any zoning district or designated as a Stewardship Receiving Area that utilize a 12 non-golf course use which is a permitted, accessory or conditional use within the 13 existing zoning district or designation. Conditional uses shall also require 14 conditional use approval subject to LDC section 10.08.00. 15 16 C. Application process for “Intent to Convert” (ITC) and “c Conversion” applications. 17 18 1. Intent to Convert application procedures. The applicant shall submit an "Intent to 19 Convert " ITC application to the County prior to submitting a conversion application. 20 The following is required of the applicant: 21 22 a. Application. The Administrative Code shall establish the procedure and 23 application submittal requirements, including: a title opinion or title 24 commitment that identifies the current owner of the property and all 25 encumbrances against the property; the Developer's Alternatives 26 Statement, as provided for below; and the public outreach methods to be 27 used to engage stakeholders at the Stakeholder Outreach Meetings, as 28 established below. 29 30 i. A title report that identifies the current owner of the property and all 31 encumbrances. 32 33 ii. A statement describing the public outreach methods to be used to 34 engage participants and stakeholders at Stakeholders Outreach Meetings, 35 as established below. 36 37 b. Public Notice. The applicant shall be responsible for meeting the 38 requirements of LDC section 10.03.06. 39 40 2. Developer's Alternatives Statement requirements. The purpose of the Developer's 41 Alternatives Statement (DAS) is to serve as a tool to inform stak eholders and the 42 County about the applicant's development options and intentions. It is intended to 43 encourage communication, cooperation, and consensus building between the 44 applicant, the stakeholders, and the County. 45 b. 46 c. Conceptual Development Plans and Alternatives. The applicant DAS shall 47 be prepared by the applicant and shall clearly identify the goals and 48 objectives for the conversion project ,. The DAS shall address, at a 49 minimum, and the three alternatives noted below. The alternatives are not 50 intended to be mutually exclusive; the conceptual development plans 51 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 8 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx described below may incorporate one or more of the other alternatives in 1 the conversion project. 2 3 i. No conversion or partial conversion: The applicant shall examine 4 opportunities to retain all or part of the golf course. The following 5 considerations are to be assessed: 6 7 a) Whether any of the existing property owners' association(s) 8 reasonably related to the golf course are able to purchase 9 all or part of the golf course; and 10 11 b) Whether any of the existing property owners' association(s) 12 and/or any new association reasonably related to the golf 13 course can coordinate joint control for all or part of the golf 14 course. 15 16 c) A partial conversion to retain a portion of the golf course 17 where a nine or twelve hole is part of the project or provide 18 evidence it is not feasible. 19 20 ii. County purchase or Alternative ownership options other than 21 County purchase. The applicant shall coordinate with the County to 22 determine if there is any interest to donate, purchase, or maintain a 23 portion or all of the property for a public use , such.as a public park, 24 open space, civic use, or other public facilities. The applicant shall 25 pursue other alternatives and provide a written affidavit of those 26 alternatives, including the entities contacted, discussions held and 27 results of the discussions. This section shall not require the County 28 to purchase any lands, nor shall this require the property owner to 29 donate or sell any land. 30 31 iii. Conceptual development plans for partial or full conversion.: The 32 applicant shall prepare one two or more proposed conceptual 33 development plans, consistent with the development standards 34 established in LDC section 5.05.15 GC.5, depicting the proposed 35 conversion. The applicant shall share the conceptual development 36 plans with the stakeholders at the Stakeholder Outreach Meetings 37 as described below. The conceptual development plan s shall 38 include a narrative describing how the plan implements and is 39 consistent with the goals and objectives identified in the DAS. The 40 conceptual development plans shall depict the retained and 41 proposed land uses, including residential, non-residential, and 42 preserve areas; existing and proposed roadway and pedestrian 43 systems; existing and proposed trees and landscaping; and the 44 proposed location for the greenway, including any passive 45 recreational uses. The narrative shall identify the intensity of the 46 proposed land uses; how the proposed conversion is compatible 47 with the existing surrounding land uses and any methods to provide 48 benefits or mitigate impacts to the stakeholders. Diagrams and 49 Vv isual exhibits to describe the conceptual development plan s and 50 amenities, including the greenway, shall also be provided. 51 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 9 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 3.d. Stakeholder Outreach Meetings (SOMs) for conversion Intent to Convert 1 applications. The SOMs are intended to engage the stakeholders early in 2 the conversion project and inform the applicant as to what the stakeholders 3 find important in the neighborhood, what the stakeholders consider 4 compatible with the neighborhood, and what types of land uses they would 5 support to be added to the neighborhood. An assigned County planner 6 shall attend the SOM and observe the process. Unless otherwise stated in 7 this LDC section C.1.d, the SOM shall be conducted in the same manner 8 as the NIM. The following is required of the applicant: 9 10 a. The Administrative Code shall establish the procedure and 11 application submittal requirements. 12 13 bi. The applicant shall conduct a minimum of two in-person SOMs at 14 least 30 days apart from one another and a minimum of one web-15 based visual survey on the proposed conceptual development 16 plan(s)s. The web-based survey web address shall be incorporated 17 in the mailings notifying the stakeholders of the in-person SOMs. 18 19 cii. At the SOMs, a third party trained facilitator may moderate the 20 SOMs to stay on task, assure attendees have an opportunity to 21 participate, and protect members. The applicant shall provide 22 information to the stakeholders about the purpose of the meeting, 23 including a presentation on the goals and objectives of the 24 conversion project, the conceptual development plan s, the 25 greenway concept, and the measures taken to ensure compatibility 26 with the existing surrounding neighborhood. The applicant shall 27 facilitate discussion on these topics with the stakeholders using one 28 or more public outreach method(s) identified in the Administrative 29 Code. The applicant shall identify primary issues, solicit input from 30 the participants, and ensure comments are included in the SOM 31 report. 32 33 de. SOM report for conversion applications. After completing the SOMs the 34 applicant shall prepare a SOM report. The report shall include a list of 35 attendees, a description of the public outreach methods used, photos from 36 the meetings demonstrating the outreach process, results from outreach 37 methods, and copies of the materials used during the SOMs. The applicant 38 shall also include a point-counterpoint list, identifying input from the 39 stakeholders and how and why it was or was not incorporated in the 40 conversion application. The report shall be organized such that the issues 41 and ideas provided by the stakeholders are clearly labeled by the applicant 42 in the list and the cConversion application. 43 44 f. Stormwater management requirements. The applicant shall demonstrate 45 that the stormwater management for the surrounding uses will be 46 maintained at an equivalent or improved level of service. This shall be 47 demonstrated by a preliminary conceptual pre versus post development 48 stormwater runoff analysis including any stormwater runoff from outside the 49 golf course that passes on, over, or through areas of the golf course. The 50 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 10 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx final pre versus post development runoff analysis shall be provided with the 1 Conversion application. 2 3 g. Participation and/or completion of the ITC application process shall not 4 imply that a golf course conversion has received or will receive future 5 rezoning approval to a different land use by the Board. 6 7 42. Conversion application procedures. An applicant shall not submit a conversion 8 application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the 9 Intent to Convert application, is including the SOMs and SOM report are deemed 10 completed by County staff and the SOMs are completed. Thereafter, the applicant 11 may proceed by submitting a c Conversion application with the County as follows: 12 13 a. Zoning Actions and Stewardship Receiving Area Amendments . For 14 projects subject to LDC section 5.05.15 B.1., the applicant shall file a PUDA 15 or rezone application, including the SOM report. For projects subject to 16 5.05.15 B.2., the applicant shall file a Stewardship Receiving Area 17 Amendment application, including the SOM report. Deviations to LDC 18 section 5.05.15, shall be prohibited ; further, deviations to minimum design 19 standards, or other sections of the LDC shall be shared with the 20 stakeholders at a SOM or NIM prior to the Planning Commission 21 recommendation and Board approval. Any deviations requested shall 22 require the owner of real property to demonstrate the need for deviation 23 and agree to provide an enhancement to the property and/or make 24 improvements to existing external infrastructure such as stormwater, 25 roadways or traffic calming in exchange for the deviation. The grant of any 26 deviation, singularly or in combination with other deviations, shall not 27 adversely affect the public health, safety, and welfare of adjacent 28 residential use or land zoned residential. 29 30 b. Stewardship Receiving Area Amendments. For projects subject to 5.05.15 31 B.2., the applicant shall file a Stewardship Receiving Area Amendment 32 application, including the SOM report. Deviations to LDC section 5.05.15 33 shall be prohibited; further, deviations to other sections of the LDC shall be 34 shared with the stakeholders at a SOM or NIM . 35 36 cb. Compatibility Design Review. For projects subject to LDC section 5.05.15 37 B.3., the applicant shall file a Compatibility Design Review application, 38 including the SOM report. 39 40 D c. Criteria and staff report for cConversion applications. In addition to the 41 requirements established in LDC sections 10.02.08, 10.02.13 B., or 42 4.08.07, as applicable, the staff report shall evaluate the following: 43 44 1 i. Whether the applicant has met the requirements established in this 45 section and development standards in the LDC. In particular, that 46 the proposed design and use(s) of the greenway, as applicable, 47 meet the purpose standards as described in LDC section 5.05.15 48 G.2C.5.b. and minimum useable open space requirements 49 pursuant to LDC section 4.07.02 G . 50 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 11 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 1 2ii. Whether the SOM report and point-counterpoint list described 2 above reflect the discussions that took place at the SOMs. 3 4 3iii. Whether the applicant incorporated reasonable input provided by 5 the stakeholders to address impacts of the golf course conversion 6 on stakeholders' real property. 7 8 4iv . Whether the applicant provided an explanation as to why input from 9 the stakeholders was not incorporated into the conceptual 10 development plan. 11 12 v. Whether significant environmental impacts would be required to be 13 mitigated. 14 15 vi. Whether the application provides for the maintenance of open 16 space and the Greenway. 17 18 vii. Whether the proposed project is adequately setback from existing 19 residential development, or buffered by the Greenway and 20 compatible with existing adjacent residential development. 21 22 d. The resolution of real property encumbrances does influence the amount 23 of area eligible for redevelopment. A conversion application may not be 24 deemed complete until real property encumbrances, including all leases, 25 private use restrictions, covenant and open space easements that may 26 impact and/or are within the chain of title to any portion of the golf course 27 property have been resolved between and among the parties. 28 29 E 3. Supplemental review and approval considerations for zZoning aActions and 30 Stewardship Receiving Area Amendments. The report and recommendations of 31 the Planning Commission and Environmental Advisory Council, if applicable, to the 32 Board shall show the Planning Commission has studied and considered the staff 33 report for conversion applications, reasonable input from the stakeholders, the 34 criteria established in LDC section 5.05.15 DC.2.c, as well as the criteria 35 established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable. In 36 particular, the Planning Commission shall give attention to the design of the 37 greenway and how it mitigates impacts to real property. Further attention shall be 38 given to who can use the greenway. The Board shall consider the criteria in LDC 39 section 5.05.15 DC.2.c, as well as the criteria established in LDC sections 10.02.08 40 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and 41 recommendation. The applicant is encouraged to consider cluster residential 42 development and affordable housing within the master development plan. 43 44 F. 4. Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is 45 intended to address the impact of golf course conversion on real property by 46 requiring the conceptual development plan to be reviewed for compatibility with the 47 existing surrounding uses. The following is required: 48 49 1a. Application. The Administrative Code shall establish the submittal 50 requirements for the compatibility design review application. 51 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 12 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 1 2b. Public Notice. The applicant shall be responsible for meeting the2 requirements of LDC section 10.03.06. 3 4 3c. Compatibility Design Review. The Planning Commission shall review the 5 staff report as described in LDC section 5.05.15 DC.2.c, the Compatibility 6 Design Review application, and make a recommendation to the Board 7 based on the following criteria: 8 9 ai. Whether the applicant has met the applicable requirements 10 established in this section and reasonably addressed the concepts 11 identified in LDC section 5.05.15 D.2.- D.4 C.2 c.ii-iv. 12 13 bii. Whether the conceptual design is compatible with the existing 14 surrounding land uses. 15 16 ciii. Whether a view of open space is provided that mitigates impacts to 17 real property for the property owners that surround the golf course . 18 19 div . Whether open space is retained and available for passive 20 recreation. 21 22 4.d. The Board shall consider the criteria in LDC section 5.05.15 F.3 C.4.c., 23 above, the staff report and the Planning Commission report and approve, 24 approve with conditions, or deny the application. Upon approval of the 25 application, the applicant shall obtain approval of any additional required 26 development order, such as a SDP, construction plans, or conditional use. 27 28 G 5. Development standards. The following are additional minimum design standards 29 for zoning actions and Stewardship Receiving Area Amendments. The 30 Compatibility Design Review process shall only be subject to LDC section 5.05.15 31 G.6 C.5.d. 32 33 1a. Previously approved open space. Golf course acreages utilized to meet the 34 minimum open space requirements for a previously approved project shall 35 be retained as open space and shall not be included in open space 36 calculations for any subsequent conversion projects. 37 38 2b. Greenway. The purpose of the greenway is to retain an open space for 39 stakeholders, support passive recreational uses, and support existing 40 wildlife habitat. For the purposes of this section the greenway shall be 41 identified as a continuous strip of land set aside for passive recreational 42 uses, such as: open space, nature trails, parks, playgrounds, golf courses, 43 beach frontage, disc golf courses, exercise equipment, and multi-use 44 paths. The Board may approve other passive recreational uses that were 45 vetted at the Stakeholder Outreach Meetings . The greenway shall not 46 include required yards (setbacks) of any individual lots. 47 48 ai. The greenway shall be contiguous to the existing residential 49 properties surrounding the golf course and generally located along 50 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 13 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx the perimeter of the proposed development. The Board may 1 approve an alternative design that was vetted at the Stakeholder 2 Outreach Meetings, as provided for in LDC section 5.05.15 C.3 3 C.1.d. 4 5 bii. A minimum of 35 percent of the gross area of the conversion project 6 shall be dedicated to the greenway. The greenway shall have an 7 minimum average width of 100 75 feet and no less than 75 50 feet 8 at any one location. For golf courses zoned Golf Course and 9 Recreational Uses “GC”, a minimum 50 feet buffer zone and 10 building set back width from abutting residential shall be maintained 11 for consistency with the accessory building and structures for golf 12 course lots setback set forth in LDC section 4.02.03 D. 13 14 Notwithstanding the foregoing, the Board may reduce the average 15 width of the greenway as a deviation subject to paragraph C.4. or 16 C.4.b and aggregate the greenway into one or more larger parcels, 17 provided there is 35 percent of the gross area being dedicated to 18 the greenway. 19 20 iii. The greenway land shall be owned and maintained by a 21 homeowner’s association, land trust, government entity, a 22 conservation organization or other entity recognized by the Board 23 of County Commissioners. 24 25 c iv . Maintenance of the greenway shall be identified through the zoning 26 or and /or Stewardship Receiving Area Amendment process. 27 28 d v . The greenway may be counted towards the open space 29 requirement for the conversion project as established in LDC 30 section 4.02.00 except as noted in G.1 paragraph C.5.a. above. 31 32 e vi. Existing trees and understory (shrubs and groundcover) shall be 33 preserved and maintained within the greenway, except where 34 minimal improvements are needed that provide a passive 35 recreational use. At a minimum, canopy trees shall be provided at 36 a ratio of 1:2,000 square feet within the greenway. Existing trees 37 may count toward the ratio; however, trees within preserves shall 38 be excluded from the ratio. 39 40 f vii. A wall or fence is not required between the greenway and the 41 proposed development; however, should a wall or fence be 42 constructed, the fence shall provide habitat connectivity to facilitate 43 movement of wildlife in and around the greenway. 44 45 g viii. A portion of the greenway may provide stormwater management; 46 however, the greenway shall not create more than 30 percent 47 additional lake area than exists pre-conversion in the greenway. 48 Any newly developed lake shall be a minimum of 100 feet wide. 49 50 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 14 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx h ix. The applicant shall record a restrictive covenant at the time of 1 subdivision plat or SDP approval, in the County's official records 2 describing the use and maintenance of the greenway as described 3 in the zoning action or SRA Amendment. With each phase of 4 development, there will be at least two tracts, one to identify the 5 greenway tract (restrictive covenant and maintenance use) and the 6 other as the project development tract. 7 8 3c. Preserve requirements. The following preserve standards supplement 9 those established in LDC section 3.05.07. 10 11 ai. Where small, isolated areas (of less than ½ acre in size) of native 12 vegetation (including planted areas) exist on site they may be 13 consolidated into a created preserve that may be greater than ½ 14 acre in size in the aggregate to meet the preserve requirement. 15 16 bii. Existing County approved preserve areas shall be considered as 17 follows: 18 19 i.a) Golf courses within a conventional zoning district. All County 20 approved preserve areas shall be retained and may be utilized to 21 meet the preserve requirements for the conversion project. 22 23 iib) Golf courses within a PUD. All County approved preserve 24 areas shall be retained. Preserve areas in excess of the PUD 25 required preserve acreage may be used to meet the preserve 26 requirement for the conversion project. 27 28 4d. Stormwater management requirements. The applicant shall demonstrate 29 that the stormwater management for the surrounding uses will be 30 maintained at an equivalent or improved level of service. This shall be 31 demonstrated by a pre versus post development stormwater runoff analysis 32 including any stormwater runoff from outside the golf course that passes 33 on, over, or through areas of the golf course. 34 35 5e. Floodplain compensation. In accordance with LDC section 3.07.02 36 floodplain compensation shall be provided at the time of the Conversion 37 application. 38 39 6f . Soil and/or groundwater sampling may not be deferred by the applicant to 40 Early Work Authorization (EWA), SDP, or PPL. submittal, whichever is the 41 first to occur, if t The sampling shall be not been completed by the time the 42 conversion application is submitted. the rezoning, SRA amendment, or 43 compatibility design review public hearings . See LDC Section 3.08.00 44 A.4.d. 45 46 g. Building setbacks. All single and two story buildings shall be setback a 47 minimum average of 50 foot from the property line of existing lands zoned 48 residential or with residential uses, however no less than 35 feet at any one 49 location and an increased setback to buildings above two stories, may be 50 DRAFT Text underlined is new text to be added. Text strikethrough is current text to be deleted. 15 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx required at the time of the Planning Commission and/or Board public 1 hearing. 2 3 7h. All other development standards. The conversion of golf courses shall be 4 consistent with the development standards in the LDC, as amended. 5 Where conflicts arise between the provisions in this section and other 6 provisions in the LDC, the more restrictive provision shall apply. 7 8 HD. Design standards for lands converted from a golf course or for a permitted use within the 9 GC zoning district shall be subject to the following design standards. 10 11 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass 12 and sky glow. At a minimum, lighting shall be directed away from neighboring 13 properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the 14 conversion project shall be vetted with stakeholders during the SOMs and the 15 public hearings, as applicable. 16 17 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a 18 minimum average 50-foot setback from lands zoned residential or with residential 19 uses, however the setback shall be no less than 35 feet at any one location. 20 # # # # # # # # # # # # # 21 Exhibit A – Administrative Code Changes 16 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | 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. Ù See Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions. Applicability This process applies to applicants seeking to convert a constructed golf course to a non-golf course use. Approval of this application is required prior to submitting a conversion application (rezone, PUD, SRAA or Compatibility Design Review petition). This application is not Pre-Application A pre-application meeting is required. Initiation The applicant files an “Intent to Convert” application with the Planning & Zoning Division. ÙSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. The name and mailing address of all registered property owners’ associations that could be affected by the application. 5. Property Ownership Disclosure Form. 6. The date the subject property was acquired or leased (including the term of the lease). If th e 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 report that identifies the current owner of the property and all encumbrances against the property. 8. Boundary survey (no more than six months old). 9. Property information, including: 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 th e following information, regarding the contiguous property, must be included: a. Legal description; Exhibit A – Administrative Code Changes 17 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 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 ½ 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: i. For conventionally zoned districts: a) County approved preserve acreage; and b) Any sporadic vegetation acreage used to meet the preserve requirement for the conversion project. 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 requirement for the conversion project. 14. Preliminary conceptual stormwater management requirements as required by LDC section 5.05.15 G.4 C.5.d. 15. Affidavit of Authorization. 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 A.4.d and 5.05.15 G.6. 17. List of deviations requested, as described in LDC section 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 16. Electronic copies of all documents. Application Contents Required for Presentations at SOMs In addition to the application contents above, the following must also be submitted with the Intent to Convert application and used during SOM presentations: 1. The Developer’s Alternatives Statement as described in LDC section 5.05.15 C, including: a. A narrative clearly describing the goals and objectives for the conversion project. Exhibit A – Administrative Code Changes 18 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 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 fin al 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 determ ine 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 alternat ive or whether discussions with the County are ongoing. d Conceptual Development Plan Alternatives: A Two conceptual development plans consistent with LDC section 5.05.15 C.2.b.iii, and as described in the following section. 2. The conceptual development plan s shall include all information described in LDC section 5.05.15 C.2.b.iii, and the following: x a. An Access Management Exhibit, identifying the location and dimension of existing and proposed access points and legal access to the site. x b. A dimensional standards table for each type of land use proposed within the conceptual plans. o i. Dimensional standards shall be based upon the established zoning district, or that which most closely resembles the development strategy, particularly the type, density, and intensity of each proposed land use. o ii. For PUDs: Any proposed deviations from dimensional standards of the established zoning district, or of the most similar zoni ng district, shall be clearly identified. Provide a narrative describing the justifications for any proposed deviations that are not prohibited by LDC section 5.05.15 C.4 2. x c. A plan providing the proposed location and design of the greenway (this may shall be included on each the conceptual development plan s): o i. Greenway Design: A plan providing the proposed location and design of the greenway and illustrating the following (i ncluding any alternative designs as described in LDC section 5.05.15 G.2.aC.5.i): a) The proposed location of passive recreational uses; b) Existing and proposed lakes, including lake area calculations; c) Preserve areas; Exhibit A – Administrative Code Changes 19 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx d) Any structures or trails related to passive recreational uses; e) Greenway widths demonstrating a minimum average width of 100 75 feet and no less than 75 50 feet shall be identified every 100 feet; f) 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 C.5.vi.; g) 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 g) Location of any proposed wall or fence pursuant to LDC section 5.05.15 G.2.f C.5.vii. • 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 plans. 3. A narrative statement describing how the greenway will meet the purpose as described in LDC section 5.05.15 G.2 C.5.b. to retain open space views for stakeholders, support passive recreational uses, and support existing wildlife habitat. 4. A narrative statement describing the public outreach method (s) proposed to be used for the SOMs, consistent with Administrative Code Chapter 8.F 5. Web-based survey, including the following: x a. A copy of the web-based survey; x b. The user-friendly website address where the survey will be available; and x c. The dates the survey will be available. Completeness and Processing of Application ÙSee Chapter 1 D.5 for the acceptance and processing of an application. The application, Notice for Intent to Convert, Web-based survey, and installation of signs prior to mailing notices shall be reviewed by staff. An incomplete application shall not be processed until all requirements of the application are deemed satisfactory before the first SOM as determined by written notice from the County Manager or designee. Notice for the Intent to Convert Application After the Intent to Convert application has been submitted, notice is required to inform stakeholders of a forthcoming golf course conversion application. However, no mailing is required if the applicant chooses to withdraw the Intent to Convert application. Ù See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice : For the purposes of this mailed notice , written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course. The notice shall be sent after the Intent to Convert application has been reviewed and deemed satisfactory in a clearance letter 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: x a. Explanation of the intention to convert the golf course. Exhibit A – Administrative Code Changes 20 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx x 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. x c. 2 in. x 3 in. map of the project location. x 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 (s) shall remain posted until all SOMs are complete and removed no earlier than 14 days after the last SOM. For the purposes of this section, signage, measuring 16 32 square feet, shall clearly indicate an applicant is petitioning the county to convert the golf course to a non-golf use (e.g. residential). A user-friendly website address shall be provided on the signs directing interested parties to visit Collier County’s website to access materials for the SOMs and the web- based visual survey. The sign(s) shall remain posted for 7 days after the last required SOM. The location of the signage shall be consistent with Chapter 8 E of the Administrative Code and approved by the assigned planner. Location The applicant shall arrange the location of the meeting. To promote increase participation, all SOMs shall be conducted at a physical location to allow for in-person attendance and virtually, utilizing videoconferencing technology. The in-person location must be reasonably convenient to the property owners who received the required notice. The facilities must be of sufficient size to accommodate the expected attendance. Conduct of SOM Meeting and Decorum A Collier County staff planner or designee, shall attend the SOM and record commitments made by the applicant during the SOMs while remaining neutral and providing clarification regarding the next steps the applicant must follow for the Intent to Convert and Conversion applications. The expectation that all SOM participants will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. If the applicant or staff planner determines the SOM cannot be completed due to the disorderly conduct of the participan ts, the applicant shall have the right to adjourn the SOM and be required to conduct another SOM, in person or via videoconferencing technology, or both, at the applicant’s discretion . The applicant shall strive to establish , in a collaborative manner, an open discussion among all stakeholders and pursuant to the conduct of meeting and decorum set forth in Chapter 8 B for NIMs. Public Hearing No public hearing is required for the Intent to Convert application. Public hearings will be required for subsequent conversion applications. Exhibit A – Administrative Code Changes 21 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 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 Exhibit A – Administrative Code Changes 22 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Collier County Land Development Code | Administrative Procedures Manual Chapter 8 | Public Notice F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06. Ù See Chapter 4.N for Intent to Convert Applications for the Application Contents Required for Presentations at SOMs. Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the design of a golf course conversion project and to encourage collaboration and consensus between the applicant and the stakeholders on the proposed conversion. The applicant shall work with the participants on two or more conceptual development plans during and at the outset of the process and each meeting. Applicability This process applies to an “Intent to Convert” application for applicants seeking to convert a 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 by the 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 Requirements Each SOM shall be noticed as follows: 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 convert the golf course to a non-golf cour se 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 p roperty 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 convert the golf course to another use; d. A brief description of the proposed uses; e. A statement describing that the applicant is seeking input through a stakeholder outreach process; Exhibit A – Administrative Code Changes 23 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx f. The user-friendly web 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-friendly web address where the survey can be accessed; and 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 1 st and April 1 st and no earlier than 30 days between each SOM. 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, and provide clarification of the process as needed . The planner shall note any commitment made by the applicant during the meetings. A third party trained facilitator may moderate the SOMs, but is otherwise optional. b. Meeting Conduct: The applicant shall conduct the meetings as follows: i. Use at least one public outreach method during the in-person meetings as described below; and ii. The applicant shall facilitate initiate 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. The applicant shall identify the primary issues, encourage input from the participants, and ensure comments are disclosed in the applicant’s SOM report. iii. The applicant shall work with the participants on two or more conceptual development plans at the outset of the first SOM meeting. The second SOM shall build off of the initial SOM as new information becomes available from conversations and interviews with participants. iv. The expectation is that all participants will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting and pursuant to the conduct of meeting and decorum set forth in Chapter 8 B for NIMs. c. Presentation: The applicant must provide the following at the SOM for review and comment: i. The current LDC zoning district uses and development regulations; ii. Information about the purpose of the meeting, including the goals and objectives of the conversion project; 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; Exhibit A – Administrative Code Changes 24 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx iv iii. Visuals and diagrams depicting the conceptual development plan (s)s and the greenway; and v iv. The list of deviations requested, as described in LDC section 5.05.15 C.2.a. d. Public Outreach Methods: The applicant shall use one or more of the following at the Stakeholder Outreach Meetings to engage stakeholders: 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, stakeholders have an opportunity to analyze the project, address and resolve issues, and comment on multiple iterations of the project. 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 develo pment plan and greenway to identify options to address compatibility, adverse impacts, or types of desirable usable open space for the project. For example: stakeholders are asked to place red dots on the map where there is a perceived pedestrian hazard an d place a green dot where they support additional tree plantings in the greenway. . 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 proje ct, such as density, greenway uses, vehicle/pedestrian transportation networks, etc. The applicant provides sticky dots or uses electronic devices to conduct the polling. 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: 1) “What do people want to preserve in the community?” 2) “What do people want to create in the community?” 3) “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.. Exhibit A – Administrative Code Changes 25 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Updated Web-Based Visual Survey Requirements The web-based visual survey is intended to increase engagement with stakeholders in an orderly concise document with diagrams. The survey should engage the stakeholders in the design of the project and assist in 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 diagrams and visual representations of the proposed development, in particular the types of land uses proposed, streetscapes, public spaces, design characteristics, and depictions tentative sketches of the greenway design; 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. d. Hard copies of the survey shall be available to participants at the SOMs. Staff shall review the survey, including photos, diagrams, and determine whether it is ready to activate no later than 14 days before the first SOM. SOM Report After the SOMs and the web-based survey are deemed complete by staff, the applicant will submit a report of 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; c. 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 Conversion 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 c Conversion application. Meeting Follow-up After each SOM is completed and prior to the submittal of a c 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 of the proceedings; b. Be included in the staff report for any subsequent conversion application; and c. Be considered for inclusion into the conditions of approval of any subsequent development order. Exhibit A – Administrative Code Changes 26 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx K. Compatibility Design Review Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06 Y. Ù See Chapter 4.N of the Administrative Code for Intent to Convert Applications and Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions. Purpose The Compatibility Design Review process is intended to address the impacts of golf course conversions on real property by reviewing the conceptual development plan for compatibility with existing surrounding uses. Applicability This process applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Ar ea that utilize a non-golf course use which is a permitted, accessory, or conditional use within the existing zoning district or designation. This application is not required for golf courses zoned Golf Course and Recreational Uses (GC) seeking another use as provided for in LDC section 2.03.09 A. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00. The conditional use approval should be a companion item to the compatibility design review approval. Pre-Application Meeting A pre-application meeting is required. 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. ÙSee 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 . ÙSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. The proposed conceptual development plan. 5. The name and mailing address of all registered property owners’ associations that could be affected by the application. 6. 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: Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing Exhibit A – Administrative Code Changes 27 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx 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 A.4.d and 5.05.15 G.6 C.5.d.; 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 1.e. 14. A narrative describing how the applicant has complied with the criteria in LDC sections 5.05.15 F.3 C.4.c , 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 and Processing of Application ÙSee Chapter 1 D.5 for the acceptance and processing of an application. Notice Notification requirements are as follows. ÙSee Chapter 8 of the Administrative Code for additional notice information. 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 Exhibit A – Administrative Code Changes 28 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx c. 2 in. x 3 in. map of the project location. 2. Mailed Notice : For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days prior to the advertised public hearings. 3. Sign: Posted at least 15 days before the advertised public hearing date. Ù See Chapter 8 E. of the Administrative Code for sign 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 C.4 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 Exhibit B –Process and Staff Improvements 29 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx REV. 1/9/2024 1) Clarify, the conversion of a golf course to non-golf course uses is a two step process. First, an intent to convert (ITC) application process is filed that at the end of the process has fostered a qualitative public outreach program resulting in a web-base survey, two public meetings, point-counterpoint discussions, and a deliverable stakeholder outreach meeting report. It will exempt from the ITC process, golf courses that do not abut residentially zoned property or property developed with single-family or multi-family structures , as suggested by the County Attorney’s Office on April 11, 2023. The SOM report is a nonbinding report resulting from the dialogue between the applicant and stakeholders, so all parties are involved early on before the start of a project’s design and the filing of a Conversion application. Secondly, after the ITC application process is completed, an applicant can make the decision to file a land use petition to rezone or not. In the event the applicant proceeds to file the land use petition, the petitioner is able to modify or retain the ITC application conceptural design plan. The ITC process allows the developer/applicant to fully engage stakeholders prior to filing a rezoning application and after the ITC process focus their resources on conditions acceptable or objectable to the area landowners. As previously stated, the amendment, if approved, shall exempt golf courses from the ITC process that do not abut or residential zoned properties with an abutting residential subdivision design. 2) Provide greater flexibility and reduce the minimum Greenway average width from 100’ to 75’ and no less than 50’ at any one location provided that 35% of gross area of the conversion proje ct is dedicated to the Greenway on a “case by case basis” in an interconnecting and alternative design considered by the Planning Commission. The Greenway would be contiguous to an existing residential development or located into an aggregate parcel or parcels that in total could equal 35% of the gross Conversion project area. The greenway average width reduction would be a recommendation made by the Planning Commission, subject to the Board’s rezoning approval, and implemented at the time of site development plan approval, rather than solely modified and designed during the SOM. In general, the reduction can occur based upon site specific characteristics and enhancements, such as, an enhancement to regional drainage improvements to benefit surrounding properties, alleviate constrains to usable open spaces due to limited access or a proposed water management system, improved landscaping and plantings for additional screening, a wider multi-use recreational pathway, relief from excessive flooding by upgrading stormwater convenyance facilities onsite or offsite which are not required of the applicant. The reduction shall serve to benefit the public health, safety, and welfare. 3) The amendment’s proposed buffer width reduction is predicated upon staff’s findings of other similiar community standards adopted, after 2017, by Bonita Springs and Estero, FL, Fulton County, GA, Lexington County, SC, Hendersonville, NC, and Palm Srings, CA. See Exhibt C-Other Community Standards. The 35% Greenway area standard is interwined with the following : o Within residential developments and PUD districts composed of residential dwelling units and accessory uses, at least 60% of the gross area shall be devoted to usable open space. This is pursuant to LDC section 4.02.01 B -Open Space Requirements and LDC section 4.07.02 Design Requirements for PUDs. o Policy 6.1.1 of the Conservation and Coastal Management of the GMP, requires a minimun preservation and vegetation retention standard of 35% in the Coastal and Non-Coastal High Hazard Areas for Golf Courses. Exhibit C – Other Communities Standards 30 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx o For Rural Fringe Mixed Use Districts that utilize TDR credits, the Receiving Lands projects which are greater than 40 acres in size require a minimun of 70% useable open space. o Within the RLSA Overlay, Policy 4.10 of the FLUE requires a minimun 35% of the gross acreage of an individual SRA Town or Village be devoted to open sp ace. 4) Add a minimun time period between the first and second SOM. The amendment proposes a minimun of 45 days between SOMs to allow participants to continually update new information as it becomes available from the conversations, interviews and initial SOM. After the last SOM and the filing of a complete SOM report, the applicant may elect to submit a petition to rezone or not proceed with a conversion application. 5) Allow for a preliminary conceptual stormwater runoff analysis to occur during the ITC process and the final pre versus post development stormwater runoff analysis and floodplain compensation review to be submitted at the time the c onverison application for rezoning is filed. This is in acknowledgement of golf courses designed in conjunction with residential areas, often provide stormwater management for the entire project. During the redevelopment process the developer is required to maintain an equivalent (or improved) level of stormwater service demostrated by a pre versus post development analysis. 6) Support the repurpose of a golf course and increase the utility of the property with multiple purposes, rather than singular uses, to benefit different stak eholders and nearby residents’of the surrounding neighborhood. By providing alternative uses to golf courses and multiple purposes presented during the SOMs, a better predictable development decision can be made. 7) Require consideration to be provided by the applicant for a partial conversion to retain a portion of the golf course as operational (9-hole, 12-hole, or par three course). 8) Alleviate the issue of the developer’s alternative statement requirement for a singular county purchase and broaden the purchase discussion to include other alternative options that are validated through the submittal of a letter or letters of affidavit attesting to the alternative options considered by the applicant and stakeholders. 9) Require full disclosure and title report from the property owner that shall identify all public or private encumbarnces, leases, use restrictions, convenants and easements that impact and/or are within the chain of title to any portion of the golf course property. The property owner shall further identify whether or not they are in defaut of any agreements. All such agreements, including maintenance obligations, shall be attached to the ITC application. 10) To keep the SOMs productive, create a safe environment that encourages people to participate, to neutralize a contentious political environment, and an atmosphere of trust for participats, a public involvement specialist /trained third party facilitator is encouraged, however optional. The facilitator would explain how the SOMs meetings will be run, provide meetings sign in sheets and han douts describing the project mission, goal and process, report on “one on one” conversations and identify the issues important to the neighborhood. The time period between conducting SOMs shall be held no sooner that 45 days. This will serve to avoid word of mouth conversations during the meeting, provide Exhibit C – Other Communities Standards 31 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx a better outcome for the participants and establish a shared understanding of the project purpose and process, as well as the community needs between meetings. 11) Classify the stakeholders and attendees as the following: decision makers, those directly affected by the outcome (abutting versus non-abutting residents), those that are temporary/seasonal residents, and those to promote the project and those or with the authority to oppose or support the project. 12) Clarify for stakeholder participants, the consequential and consective stages to the entitlement process: comprehensive planning, zoning, platting, site improvement and construction plans. 13) Promote the County’s Future Land Use Element (FLUE) of the GMP Policy 5.8 which states: “Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques.” The applicant shall be encouraged to consider cluster development and affordable housing, that can add to the affordable housing supply, within the applicant’s conceptual development plan s. 14) The FLUE states for Agucutural/Rural Designated lands within a Rural Fringe Mixed Use District the following: “A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. * * * * * * * * * * * * 2. Clustering: Where the transfer of development rights is employed to increaseresidential density within Receiving Lands, such residential development shall be clustered in accordance with the following provisions: * * * * * * * * * * * b) The maximum lot size allowable for a single-family detached dwelling unit is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. * * * * * * * * * * * * 5. Allowable Uses: Uses within Receiving Lands are limited to the following: * * * * * * * * * * * * k) Golf courses or driving ranges, subject to the following standards: Exhibit B –Process and Staff Improvements 32 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx REV. 1/9/2024 (1) The minimum density shall be as follows: (a) For golf course projects, including both freestanding golf courses and golf courses with associated residential development: one TDR credit shall be required for every five (5) gross acres of land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non-irrigated and retained in a natural state. Any residential development associated with the golf course shall have a minimum density of one (1) dwelling unit per five acres. * * * * * * * * * * * * 7. Open Space and Native Vegetation Preservation Requirements: (XV) a) Usable Open Space: Within Receiving Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and lawn, yard and landscape areas. Open water beyond the perimeter of the site, street right of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space.” 15) Recognize the important function of golf courses is to provide a source of green space, recreational amenities, social activities, natural and unique views, or wildlife habitat to the surrounding communities. Case studies of golf course conversion illustrate that when open space is maintianed or made useable to the surrounding neighborhoods, compromise and consensus is achieved. 16) An improved ITC process will require developers a better engagement activity and early start to reach out to residential neighborhoods to discuss their proposal and gain support. Shifting certain requirements from the ITC process to the rezone will make the process more palatable to the developer. Otaining input and support from residents surrounding the golf course is important to building consensus on the development proposal. In some instances development would be more feasible than others. This is why there is an alternative to the standard greenway design; so if the stakeholders support and the Board approves it, the greenway may be designed differently. Exhibit C – Other Communities Standards 33 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Estero, FL Section: 4-221. Golf Course Conversion. B. Conversion Standards. Requires a minimum of 50 percent open space in the master concept plan for the area to be converted. All non-golf course uses, except for passive recreational use and preserve areas, shall be set back a minimum average of 70 feet from lands zoned for or used as residential uses, but in no case shall be less than 50 feet at any one location. Bonita Springs, FL: Division 43. Golf Course Redevelopment Regulations. Section 4-2312 d.(7)., requires a minimum of 50’ wide buffer between existing neighborhoods and any redevelopment. The buffer shall be measured from the property line and it shall include screening a minimum of six feet in height, and be vegetative in nature. Areas of the golf course that remain golf course after redevelopment is complete are exempt from the buffer requirement. Section 4-2312 d. (9)., states, a redevelopment proposal may propose trails or pathways within the property. If developer proposes to reduce the required buffer, a minimum 12 foot wide paved trail with canopy trees planted at 50 feet on-center shall be provided. Section 4-2312 d.(11)., requires minimum 40% open space. Where repurposing will result in the elimination or reduction in size of a contiguous golf course or open space, the developer shall consider providing other facilities or amenities or resources that might help offset or mitigate the impact of elimination or reduction. Open space, park and recreational areas should be spread throughout a development and connected with multiuse pathways. 50% of all required open sp ace shall be green or landscape areas. Fulton County, GA: Appendix B, Article XIX, Section 19.3.4 Golf Course . B. Standards. “1. A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district and/or AG-1 district used for single-family. * * * * * * * * * * * * * 4. When located outside a golf course/subdivision development , a minimum 50-foot wide buffer and a ten- foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family.” Lexington County, SC: Section 14-143. Golf Course Redevelopment. The County requires at least 100’ buffer strip of open space. Where there is a larger tract of land containing a house adjoining the golf course the following apply: The residential activity (generally the building footprint) that is more than 300 feet from this property line does not qualify for this open space amenity, and a residential activity that is within 300 feet of, but more than 150 feet from the golf course qualifies for an open space buffer of 50 feet. Hendersonville, NC: Section 4.05 B. Greenways. Greenway easement must be at least 50 feet wide and include a 10 feet wide all weather surface trail (paved, either asphalt or concrete) (trail edged with gravel shoulders of at least one foot in width on each side). Greenway dedication or easement is credited towards requirements for public parks. Lands associated with a greenway dedication or easement shall be credited towards any open space set-aside requirements. Palm Springs, CA: Chapter 93.23.20 Conversion of Golf Courses, (F) Development Standards. A required desert greenway shall have a minimum average width of 100 feet and no less than 75 feet at any one location. The Council may approve an alternative design that was considered by the Planning Commission. Exhibit D – Golf Course Conceptual Design 34 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx REV. 1/9/2024 Exhibit E – Golf Course Inventory 2023 35 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Exhibit E – Golf Course Inventory 2023 36 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Exhibit E – Golf Course Inventory 2023 37 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Exhibit E – Golf Course Inventory 2023 38 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\Word Versions\PL20230012905 LDCA 5.05.15 Converison of Golf Courses 1-09-24.docx Research Methodology : 1) Each parcel encompassing all areas of a golf course where located and reviewed by GIS aerials including but not limited to; clubhouse and parking, parking range, maintenance buildings, lakes, wetlands adjoining and within a golf course at the current Real Property Appraiser's Website. The land use codes, acreage size, and addresses are derived from the County Real Property Appraiser's project summary sheets. The County's real property Land Use Codes included: LUC-38 golf course driving ranges, LUC- 28 parking lots, LUC-99 non-agricultural acreage, LUC-95 Rivers and Lakes, submerged lands or LUC-96 borrow pits, drainage reservoirs, waste lands, marsh, swamps, etc. In some instances, the land use code could be undetermined and additional research was required or established from a prior inventory. The property address names were then compared to confirm or validate the various entities owning the golf course to ensure consistency. In the case of a bundled golf course community where everyone has equal own ership, the most frequent property name found was by a master or community association. Careful attention was given to avoid inclusion of common master community association maintained or owned parcels that do not support a golf course function or operation. The above total acres column contains one or more parcels for each address. 2) The number of golf holes derived for each course or golf club was verified by a website and in other cases aerial counted and confirmed in a telephone call. 3) The course status (private or public) was carried over from staff's prior studies and is subject to change as reported to the National Golf Club Foundation or by club membership direction or subsequent change. 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\PL20230018350 - Exotic Plants LDCA (01-11- 2024).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230018350 SUMMARY OF AMENDMENT This amendment updates the provisions related to the removal of prohibited exotic vegetation in the Land Development Code (LDC)by identifying additional site improvementsthat may occur without initiating the removal requirements. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 03.05.08 Requirement for Removal of Prohibited Exotic Vegetation CCPC TBD DSAC TBC DSAC-LDR 01/16/2024 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND The first tree protection ordinance was adopted by the County, pursuant to Ord. 1973-23. It included provisions for a tree removal permit process, and it identified a short list of tree species that were exempted from protection. The ordinance was amended in 1974 and then repealed/replaced twice; once in 1975 and again in 1976, the latter of which representing the time when the County adopted comprehensive zoning regulations for the Coastal Area Planning District (i.e., Ord. 1976-30). When Ord. 1979-73 was adopted, the County started requiring the removal of exotic plants on properties where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. 1982- 2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section until it was corrected in May 1982 with t he adoption of Ord. 1982-37, reinstituting the requirement that exoticsbe removed on all lands, except for single-family residential use or agriculturally zoned lands. Additional changes to the code would be made over the years, notably with the adoption of Ord. 2004-08, which introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted. When the code was comprehensively updated again with the passage of Ord. 2004 -41, the requirement for removing exotic vegetation prior to the issuance of a certificate of occupancy was extended to include new principal and accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage sheds, and screen enclosures were not exempted until the adoption of Ord. 2005-27. Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015. At the Board hearing on December 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\PL20230018350 - Exotic Plants LDCA (01-11- 2024).docx 12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staffupdate the LDC as it pertains to the removal of exotic vegetation. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: None 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\PL20230018350 - Exotic Plants LDCA (01-11-2024).docx Amend the LDC as follows: 1 3.05.08 – Requirements for Removal of Prohibited Exotic Vegetation 2 3 Prohibited exotic vegetation specifically includes the following: 4 5 Earleaf acacia (Acacia auriculiformis) 6 7 Australian pine (Casuarina spp.) 8 9 Melaleuca (Melaleuca spp.) 10 11 Catclaw mimose (Minosa pigra) 12 13 Downy rosemyrtle (Rhodomyrtus tomentosa) 14 15 Brazilian pepper (Schinus terebinthifolius) 16 17 Java plum (Syzygium cumini) 18 19 Women's tongue (Albizia lebbeck) 20 21 Climbing fern (Lygodium spp.) 22 23 Air potato (Dioscorea bulbifera) 24 25 Lather leaf (Colubrina asiatica) 26 27 Carrotwood (Cupaniopsis anacardioides) 28 29 A. General. 30 31 1. Prohibited exotic vegetation removal and methods of removal shall be conducted 32 in accordance with the specific provisions of each local development order. 33 34 2. Native vegetation shall be protected during the process of removing prohibited 35 exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36 37 3. Prohibited exotic vegetation shall be removed from the following locations, and 38 within the following timeframes: 39 40 a. From all rights-of-way, common area tracts not proposed for development, 41 and easements prior to preliminary acceptance of each phase of the 42 required subdivision improvements. 43 44 b. From each phase of a site development plan prior to the issuance of the 45 certificate of occupancy for that phase. 46 47 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\PL20230018350 - Exotic Plants LDCA (01-11-2024).docx c. From all golf course fairways, roughs, and adjacent open space/natural 1 preserve areas prior to the issuance of a certificate of occupancy for the 2 first permitted structure associated with the golf course facility. 3 4 d. From property proposing any enlargement of existing interior floor space, 5 paved parking area, or substantial site improvement prior to the issuance 6 of a certificate of occupancy. 7 8 4. In the case of the discontinuance of use or occupation of land or water or structure 9 for a period of 90 consecutive days or more, property owners shall, prior to 10 subsequent use of such land or water or structure, conform to the regulations 11 specified by this section. 12 13 5. Verification of prohibited exotic vegetation removal shall be performed by the 14 County Manager or designee.6.Herbicides utilized in the removal of prohibited 15 exotic vegetation shall have been approved by the U.S. Environmental Protection 16 Agency. Any person who supervises up to eight (8) people in the application of 17 pesticides and herbicides in the chemical maintenance of exotic vegetation in 18 preserves, required retained native vegetation areas, wetlands, or LSPA shall 19 maintain the Florida Dept. of Agriculture and Consumer Services certifications for 20 Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent 21 upon the specific area to be treated. When prohibited exotic vegetation is removed, 22 but the base of the vegetation remains, the base shall be treated with an U.S. 23 Environmental Protection Agency approved herbicide and a visual tracer dye shall 24 be applied. 25 26 B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the County 27 Manager or designee for review on sites which require prohibited exotic vegetation 28 removal prior to the issuance of the local development order. This maintenance plan shall 29 describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the 30 site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a 31 minimum. Issuance of the local development order shall be contingent upon approval of 32 the maintenance plan. Noncompliance with this plan shall constitute violation of this 33 section. The County Manager or designee shall inspect sites periodically after issuance of 34 the certificate of occupancy, or other final acceptance, for compliance with this section. 35 36 C. Applicability to new structures and to additions on single-family and two-family lots. In 37 addition to the other requirements of this section, the applicant shall be required to remove 38 all prohibited exotic vegetation within the approved cleared area and within seven and 39 one-half (7.5) feet from all property lines before a certificate of occupancy is granted on 40 any new principal structure or accessory structure and any additions to the square footage 41 of the principal or accessory structures on single-family or two-family lots. This shall not 42 apply to residential accessory structures, including but not limited to detached garages, 43 carports, swimming pools, tents, awnings, cabanas, utility storage sheds, or screened 44 enclosures not having a roof impervious to weather. This shall not apply to interior 45 remodeling of any existing structure. 46 47 The removal of prohibited exotic vegetation shall be required in perpetuity within allowed 48 clearing areas and within seven and one-half (7.5) feet from all property lines . Upon 49 issuance of a vegetation removal permit, subject to the provisions in LDC section 3.05.02 50 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\01-16\Materials\PL20230018350 - Exotic Plants LDCA (01-11-2024).docx F. and G., prohibited exotic vegetation may be removed prior to issuance of a building 1 permit. 2 3 D. Exceptions. Prohibited exotic vegetation may remain on property when the County 4 Manager or designee receives a request from the property owner to retain the vegetation. 5 The County Manager or designee shall approve such a request upon finding that at least 6 one of the following criteria has been met. 7 8 1. The prohibited exotic vegetation has been previously approved through the County 9 development review process and planted in accordance with the landscape 10 requirements at the time of final local development order approval. 11 12 2. The subject lot is developed with, or proposed to be developed with, a single family 13 dwelling unit, and: 14 15 a. is not within the RFMU Sending Lands overlay district; and 16 17 b. is not within a NRPA overlay district; and 18 19 c. is not located on a undeveloped coastal barrier island; and 20 21 d. the vegetation requested to be retained is an existing Java plum tree(s) that 22 has attained a single-trunk diameter at breast height (DBH) of 18 inches or 23 more. 24 25 3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such 26 vegetation occurs within a bald eagle nest protection zone, removal shall be in 27 accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle 28 Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 29 Where a bald eagle nest is determined to be "lost" as defined by the FWC, such 30 vegetation shall be removed as required by LDC section 3.05.08. 31 32 # # # # # # # # # # # # # 33