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To date, three properties, zoned Golf Course and Recreational Use (GC) have been processed for an ITC which Staff attended each Stakeholder Outreach Meetings (SOMs) conducted by the applicant. XDuring the SOMs, Staff observed the relative pastoral open space views (views abutting existing versus proposed development) and whether they are reasonably mitigated or sustained during the ITC process require an extensive detailed design review. These detailed designs typically occur at different times during the development review process when all elements and effect of site design are identified and fully disclosed.XOther notable facts identified by Staff, during the review of prior ITC applications, are listed on page 4 of the LDC narrative. LDC AmendmentXThis amendment clarifies the differences between an Intent to Convert “ITC” application process and a Golf Course “Conversion” application process. Exhibit B (pages 29 to 32), lists in greater detail the basis for process improvements given staff’s previous ITC conversion application experiences. It distinguishes the conversion of a golf-course as a two-step process if not a singular conversion rezoning process.XIt seeks to promote better communication and engagement with the community in outreach meetings early in the conceptual design phaseof a conversion project and build an early consensus on alternative uses. By involving the public early in the conceptual planning phase, applicants can be responsive to neighborhood concerns and avoid further delays, continuances and appeals during the rezoning process.XGolf courses that do not abut and/or are not adjacent to residentially zoned property will be exemptfrom the ITC process. XThe ITC application process does not imply the conversion approval to a different land use or rezoning. LDC Amendment-ITC Application ProcessXRequire a minimum of two conceptual development plans.XConduct of SOMs shall be in the same manner as NIMs and held at least 30 days apart from one another. A third party trained facilitator may moderate the SOMs.XEstablish a minimum average of 50 feet building setback (but no less than 35 feet at any one location) from property lines to existing land zoned residential or with residential uses. Buildings above two stories may have an increased setback as determined by the CCPC and/or Board.XRequire a preliminary conceptual pre versus post development stormwater runoff analysis and defers the final stormwater analysis to the “Conversion” application .XProvide alternatives for ownership options other than County purchase and full or partial golf course conversion (9 or 12 holes). LDC Amendment-Conversion Application Process & Development StandardsXAllow the Board and CCPC on a “case-by-case” basis, greater flexibility, to alter the greenway design and its location during the rezoning “Conversion” application review process.XMaintain 35 percent of the gross area of the conversion project to be dedicated to the greenway while allowing the greenway to be aggregated into one or more larger parcels.XReduce the greenway average width from 100 to 75 feet and no less than 50 feet at any one location.XRequire commitment by an entity to greenway ownership and maintenance.XRemove the conflicting interpretation that : “Deviations to LDC section 5.05.15 shall be prohibited: further, deviations to other LDC sections shall be shared with stakeholders at a SOM or NIM”, however, in LDC section 5.05.15G.2.a-Development Standards for the Greenway- states “The Board may approve an alternative design that was vetted at the SOM…”. XIn exchange for granting deviations, deviations requested shall require an enhancement to property and/or make improvements to existing external infrastructure, such as stormwater, roadways, or traffic calming. LDC Amendment- Conversion ApplicationXBecause real property encumbrances influence the amount of area eligible for redevelopment, the amendment requires resolution of encumbrances, between and among parties, to any portion of the golf course, prior to the conversion application being deemed complete.XEncourage applicants to consider cluster residential development and affordable housing.XAdd Staff evaluation criteria to the Staff report for “Conversion” applications.XRequire completion of soil and/or groundwater sampling and stormwater runoff analysis (including stormwater runoff from outside of the golf course that passes on, over, or through areas of the golf course) prior to “Conversion” application submittal.XAt the time of subdivision plat or SDP approval, require at least two separate tracts with each phase of development, one to identity the greenway tract and the other as the project development tract.XProcedural and contextual changes to the administrative code are presented in ExhibitA. (pages 16-28). Other Communities Standards studied are listed in Exhibit C. RecommendationQuestions or Comments ?STAFF SEEKS A RECOMMENDATION OF APPROVAL OR APPROVAL WITH CONDITIONS FOR PL20230012905 1 Richard Henderlong From:Michael Fernandez <mfernandez@planningdevelopmentinc.com> Sent:Tuesday, January 16, 2024 11:07 AM To:Marissa Fewell Cc:Eric Johnson; Richard Henderlong; Maria Estrada Subject:PL20230012905 - Updates to Golf Course Conversion - Intent to Convert Process - Input for Consideration EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning all, Thank you for this opportunity to provide input. The ITC process was a well intend process. Unfortunately, when either the applicant or the public are empowered it can result in a one-sided process. On our Evergreen ITC we entered the process and put our best foot forward. In general, the public for the initial pre-ITC meeting advised that no matter what was proposed, no redevelopment was the only acceptable resolution, and they were led to believe that properties such as Evergreen GC were undevelopable. The Evergreen Proposal was to develop only a very small portion of the property with reasonable multi-family intensity, and it incorporated every design opportunity to minimize impacts and it adhered to all applicable and newly adopted more restrictive greenway, setback, and bu$er standards – all more restrictive than existing LDC Standards. We believe that the process did nothing more add significant costs and time and uncertainty to the entitlement process – funds and time which could have been better be spent on the realization of a quality project. Of course, for Evergreen GC and other commercial (for profit) golf courses which are willing to incorporate workforce / a$ordable housing consistent with the governing Florida’s Live Local Act….the ITC process is no longer applicable, and the landowner can go directly to Site Development Plan (SDP) and Building Permits by adhering to applicable development standards for Greenways and Setbacks. Interestingly, Evergreen ITC proposed the inclusion of a$ordable housing which does quality for the Live Local Act. Our recommendation is that the County scrap the ITC process but adopt the ITC development standards (greenway percentage and width and setbacks) of the current ITC provisions. Landowners/developers can either develop under the provisions of the Live Local Act or they can elect to be processed through the County’s PUD process which already a$ords / requires reasonable notification and neighborhood interactions (NIM). Again, thank you for this opportunity. Regards, Michael Michael R. Fernandez AICP RA NCARB (FL/OH/IN/KY) Architect / President 2 PLANNING DEVELOPMENT INC Development Consultants, Architects, Engineers, and Planners AD MIN. MAILING ADDRESS: 5797 ANEGADA DR. NAPLES, FL 34113 (239) 263.6934; (877) 263-0535 fax mfernandez@planningdevelopmentinc.com State of Florida Corporate Certification of Authorization No’s: Architecture AR95440 Engineering CA No.8450; AICP Cert.#9381 FORPM o \JIMMO R „ UOU�M of V©T WN CONFLICT FOR COUATY, MUH C�PAL AND OTHER LOCAL PU D L�C OFF11CCRS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR GOMMITTEf � �� r _ �-� �o��Led C D� Lttwc�v ./(",w\ coo z MAILING ADDRESS THE BOARD, COUNCIL, bOMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNIT OF: CITY OUNTY ❑ CITY `C,1-r✓ a6fiy ❑ OTHER LOCALAGENCY v / �/� NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION 1S: ❑ ELECTIVE OINTIVE WHO Mi�ST F[�E FQRM 8� This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict Of interest under Section 112,3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting an a measure which would inure to his or her special private gain or loss. Each elected or appointed local afFicer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S,, and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother -I n-law, son-in-law, and daughter-in-law. A "business associate° means any person ar entity engaged in or carrying an a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. got APROINTE® OEFICEPS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.31�13 from otherwise participating In these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM aB - EFF. 1112013 PAGE 1 Adopted by reference in Rule 3�-7.010(1){f), F.A.C. APPOINTED UFFIGERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A Gopy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLaSURE C,�F LOGAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will came before my agency which (chock one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative /c_ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who Is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the Interest in such a way as to provide the public with notice of the conflict. Date Filed Si NOTICE; UNDER PROVISIONS OF FLORIDA STATUTES §�92.3�7, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR. SUSPENSION FROM OFFICE'OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,DDD. CE FORM 88 - EFF. 1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.