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CCPC Agenda 03/06/2025COLLIER COUNTY Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 6, 2025 3:00 PM Joseph Schmitt, Environmental - Chairman Chuck Schumacher - Vice -Chair Paul Shea, Environmental - Secretary Randy Sparrazza Charles (Chap) Colucci Michelle L. McLeod Mike Petscher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. THE FOLLOWING ITEMS WILL NOT BE HEARD BEFORE 5:05 P.M. ITEM 913 - PL20210001291- Community Housing Plan Initiatives LDCA ITEM 9C - PL20240004278 - Immokalee Urban Area Overlay District LDCA 1. Pledge of Allegiance 2. Roll Call 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes Page 1 of 499 5.A. February 6, 2025, CCPC Meeting Minutes (2025-728) 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings 9.A. PL20240006561- Sierra Meadows PUDA - Rattlesnake -Hammock Road (C.R. 864) and C.R. 951 - The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 1999-91, as amended, the Sierra Meadows Mixed Planned Unit Development by changing the floor area ratio for group housing on Lots 8 and 9 of the Sierra Meadows Subdivision from .45 to .60, and providing an effective date. The subject property, consisting of 14.3+/-acres of a 90.8+/- acre MPUD, is located at the southwest quadrant of the intersection of Rattlesnake -Hammock Road (C.R. 864) and C.R. 951, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III, GMCDD, Zoning Division] (2025-349) 9.B. ** THIS ITEM WILL NOT BE HEARD BEFORE 5:05 P.M. ** PL20210001291- Community Housing Plan Initiatives LDCA - An Ordinance of The Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, The Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to implement housing initiatives in the Collier County Growth Management Plan relating to affordable housing by right in certain commercial zoning districts with a sunset date; increasing density for affordable housing; and providing regulations for transit oriented development, by providing for: section one, recitals; section two, findings of fact; section three, adoption of amendments to the Land Development code, more specifically amending the following: Chapter One - General Provisions, including section 1.08.01 Abbreviations and Section 1.08.02 definitions; Chapter Two- Zoning Districts and Uses, including Section 2.03.03 Commercial Zoning Districts, Section 2.05.01, Density Standards and Housing Types, Section 2.06.03 AHDB Rating System, and adding Section 2.07.00 Mixed Income Housing Program for Housing that is Affordable, including Section 2.07.01 Purpose and Intent and Section 2.07.02 Program Criteria; Chapter Four- Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.38 Specific Design Criteria for Mixed Use Development Within C-1 Through C-3 Zoning Districts, and adding Section 4.02.40 Housing that is Affordable Within C-1 Through C-5 Commercial Zoning Districts, Section 4.02.41 Housing that is Affordable Within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan, and Section 4.02.42 Transit Oriented Development (TOD); Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, AICP, CFM, Planning Manager] (2025-546) 9.C. **THIS ITEM WILL NOT BE HEARD BEFORE 5:05 P.M. ** PL20240004278 - Immokalee Urban Area Overlay District LDCA - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04- 41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to Page 2 of 499 implement the Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee Urban Overlay District to Immokalee Urban Area Overlay District (IUAOD) zoning district, revise, rename and add Subdistricts, and establish uses, boundaries, and design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts and Section 2.06.01 Generally; Chapter Four Site Design and Development Standards, including Section 4.02.27 Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Section 4.02.28 Specific Design Standards for the Immokalee—Jefferson Avenue Commercial Overlay Subdistrict, Section 4.02.29 Specific Design Standards for the Immokalee—Farm Market Overlay Subdistrict, 4.02.30 Specific Design Standards for the Immokalee—Agribusiness Overlay Subdistrict, Section 4.02.31 Specific Design Standards for the Immokalee—Central Business Overlay Subdistrict, Section 4.02.32 Specific Design Standards for the Immokalee—Main Street Overlay Subdistrict, and Section 4.02.33 Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Overlay Subdistrict; and Chapter Five Supplemental Standards, including Section 5.03.02 Fences and Walls, Excluding Sound Walls; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, AICP, CFM, Planning Manager] (2025-550) 10. Old Business 10.A. Collier County Planning Commission Role and Responsibilities (2025-824) 11. New Business 12. Public Comments 13. Adjourn Page 3 of 499 February 6, 2025, CCPC Meeting Minutes ATTACHMENTS: 02-06-2025 CCPC Meeting Minutes 3/6/2025 Item # 5.A ID# 2025-728 Page 4 of 499 February 6, 2025 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida February 6, 2025 LET IT BE REMEMBERED that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Joe Schmitt, Chairman Chuck Schumacher, Vice Chairman Paul Shea, Secretary Randy Sparrazza Michael Petscher Michelle L. McLeod Charles "Chap" Colucci Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Kevin Summers, Manager - Technical Systems Operations Ashley Eoff, Administrative Support PROCEEDINGS Page 1 of 75 Page 5 of 499 February 6, 2025 MR. BOSI: Chair, you have a live mic. CHAIRMAN SCHMITT: Good morning and welcome to today's Planning Commission, February 6th, 2024 -- 2025. Excuse me. Please stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SCHMITT: I would ask staff, do you have anything before I tell -- ask Commissioner Shea to call the roll? MR. BOSI: No modifications to the agenda. CHAIRMAN SCHMITT: Okay. Thanks. COMMISSIONER SHEA: Chairman Schmitt? CHAIRMAN SCHMITT: Here. COMMISSIONER SHEA: Vice Chair Schumacher? COMMISSIONER SCHUMACHER: Here. COMMISSIONER SHEA: Secretary Shea is here. Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Commissioner Colucci? COMMISSIONER COLUCCI: Here. COMMISSIONER SHEA: Commissioner McLeod? COMMISSIONER McLEOD: Here. COMMISSIONER SHEA: Commissioner Petscher? COMMISSIONER PETSCHER: Here. COMMISSIONER SHEA: Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: We are all present, sir. CHAIRMAN SCHMITT: Excellent. We have a full quorum. So no addenda to the agenda. Next meeting is February 20th, 2025. It's going to be another, I would think, a lengthy meeting. Do we have any planned absences? COMMISSIONER SHEA: I'll be here. CHAIRMAN SCHMITT: I see no signs, so everybody will be here. And I would ask, because that -- we know that we've already had speakers at the last meeting for that, so as soon as we can get some documentation on that so we can start preparing, it would be great. You know, because normally we get it on a, like, Thursday or Friday, but... MR. BOSI: And we will have it for you that Thursday, the week before the meeting. CHAIRMAN SCHMITT: Okay. All right. All right. Approval of minutes. COMMISSIONER SCHUMACHER: I make a motion to approve. COMMISSIONER SPARRAZZA: Second. CHAIRMAN SCHMITT: All in favor, say aye. COMMISSIONER SHEA: Aye. COMMISSIONER COLUCCI: Aye. CHAIRMAN SCHMITT: Aye. Page 2 of 75 Page 6 of 499 February 6, 2025 COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: Aye. CHAIRMAN SCHMITT: Any opposed, like sign. (No response.) CHAIRMAN SCHMITT: No? Thank you. And with that, BCC report, Ray. MR. BELLOWS: Yes. Good morning. On January 28th, the Board of County Commissioners heard the AUIR, and that was approved 4-0 by the Board, and on the summary agenda, they approved the Tamiami Trail Greenway Mixed -Use PUD. CHAIRMAN SCHMITT: I did not watch the AUIR. Was there any -- any issues or concerns? I know we raised our concerns during the AUIR, and I just -- MR. BOSI: There was -- I mean, there -- I mean, the presentation and the $635 million shortfall was presented. They basically recognized it and said this is something we're going to have to deal with upcoming in February with their budgetary discussions and trying to allocate, you know, the necessary revenue. But that was -- it was a pretty quick item. CHAIRMAN SCHMITT: Okay. Good, thanks. Chairman's report, I have no comments. Consent agenda, there is nothing on the consent agenda. ***So we would go to the first public hearing, and that's the Ochopee Fire Control Station Communications Tower. With that, any disclosures? (No response.) CHAIRMAN SCHMITT: I see none. And the petitioner, if they would like to present. Oh, thank you. Take your oath. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. COPPER: Do you have our presentation? MR. BOSI: Do you have a presentation? MR. COPPER: Yeah, we e-mailed it. CHAIRMAN SCHMITT: Pause here for -- we have a presentation. To be quite frank, this is pretty much noncontroversial. If you want to steal a successful petition and put it in the jaws of defeat, we can continue with the presentation. But just give us an overview, and we'll proceed. MR. COPPER: So this petition is seeking to install a 350-foot tower about 28 miles east of the Collier Boulevard/41 intersection down there just north of Everglades City. That's essentially it. This will support EMS as well as have support for potential cellular capabilities in the future. With that, I would seek approval based on the need for the community and the removal of an existing tower that the state has since -- or the federal government has since purchased, and it's scheduled to be demolished. Without going into much more detail, if you have any questions, I would welcome Page 3 of 75 Page 7 of 499 February 6, 2025 them. We have a full staff. Our design team's here. That's all I have for you. CHAIRMAN SCHMITT: My only question, it is not a guyed wire tower. The tower is designed to collapse in the space provided; is that correct? MR. COPPER: The tower's designed to fall within a 250-foot radius. It is not a guyed wire tower, no. It is a self -supported tower. CHAIRMAN SCHMITT: Self -supported tower. MR. COPPER: Yes, sir. CHAIRMAN SCHMITT: Well, with that, do we have any other questions from any other commissioners? COMMISSIONER SPARRAZZA: Just a quick one. Where is the tower that they plan to demolish? It's not on that site now? MR. COPPER: No. It's -- COMMISSIONER SPARRAZZA: It's the one -- MR. COPPER: --about five miles west at the intersection of 29 and 41, just north of Everglades City. COMMISSIONER SPARRAZZA: Gotcha. That one. Okay. CHAIRMAN SCHMITT: I know where that is. Okay. COMMISSIONER McLEOD: I have one question. Why are they demolishing that tower? MR. COPPER: The federal government purchased the property, the National Park Service. And they have different plans for the property, so they want that removed and replaced. COMMISSIONER SPARRAZZA: It's also fairly old, too, if I know right. MR. COPPER: There's the project location. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN SCHMITT: All right. Any other questions or comments? If not, then I'm going to make a motion to approve. Oh, public comment. Thank you. Do we have any public comment? COMMISSIONER SPARRAZZA: We do. This gentleman. MR. SUMMERS: We have one public comment from Jack Shealy. CHAIRMAN SCHMITT: Either one. State your name, please, and where you live, for the record. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. SHEALY: I do. Commissioners, thank you so much for hosting this meeting regarding the public comment for the EMS communications tower in Ochopee, Florida. My name's Jack Shealy. My grandfather founded Ochopee Fire Control District 1. He advocated for the Board of Commissioners to have land deeded to them. This was on February 15th at 3:42 in 1977. I know that's going way back. But if you look into this property, you'll see that it's actually to be used -- its conveyance was made for the purpose of the property to be used for fire protection and associated uses. And if the premises failed to be used for such purposes -- which they haven't been in 20 years -- are ever to be used for any other purpose -- and this is all listed on the deed. I'm reading with the warranty deed that you guys have on file here -- the land shall immediately revert to the grantor, his heirs, or assigns. Page 4 of 75 Page 8 of 499 February 6, 2025 Chester and Esther Davidson were our neighbors for 40 years. When my grandfather started Ochopee Fire Control as a voluntary fire department, which is now part of Greater Naples, he advocated for that land to be donated, and they put a mechanism in place where -- one day if this situation presented itself. I think if you look into find who those grantors, heir, or assigns are, you might be surprised. They could be in this room. But we can determine that at a later date. I own Trail Lakes Campground. We work as a roadside attraction. Most of you guys might know our roadside shop as the Skunk Ape Headquarters, right? We were rated the number two roadside attraction in North America by USA Today last year, which was great. But as far as ecotourism and the cultural aesthetics of the area, we don't feel that the tower is a good fit. We're within the National Park Service. They have terms of things that are deemed necessary or appropriate, and this is actually neither because in talking with the local fire department this time, they don't have any problems with communications from Everglades City all the way to the county line. This forever changes the aesthetics of the Ochopee Fire Control District 1 property. And so at this time, we are not in favor of this. We own 30 acres of commercial property. We've generated a lot of tourist dollars and tax dollars, guiding, and being out in the Everglades City and bringing people from all over the world to see. We just don't feel like it's a good fit. We would be living right next to this tower. It would be on our property. Furthermore, we looked into a tower at another property that I own. I've had a couple of these tower leases throughout the country that I've managed on my own personal property. And we had one that was hung up in the environmental phase for, I think, about 18 months, which, honestly, my long-term gain wasn't actually to have a tower there. I just was trying to buy some time to see how things would go. But at this time, just due to the warranty deed for the property as it's listed with the county, I think as you look into who those grantors, the heir, or assigns are, you might find that really interesting, and that's -- I have no further comments. CHAIRMAN SCHMITT: Okay. Thank you. Well, I'll have to defer to the -- (Applause.) CHAIRMAN SCHMITT: I'll have to defer to the County Attorney as far as the deed and heirs. It has nothing to do with the zoning. That's a legal matter, correct? MS. ASHTON-CICKO: Yes. Do you want to comment? MR. PERRY: It's our understanding that the Ochopee Fire Station No. 66 has been there on that property and there since 1977. So it's -- I don't know that it's vacant land. CHAIRMAN SCHMITT: Yeah. I mean, I'm very familiar with the area, so I mean, I know where it's at. It's the issue about the deed, though. If there's any issue with the deed, it's not -- it's not a zoning issue. It's a legal issue. They have to pursue that through the courts, correct? MS. ASHTON-CICKO: Correct. And at this time, with our office's review, we've deemed it legally sufficient to move forward. CHAIRMAN SCHMITT: Okay. Now, in regards to the tower, with the -- with the structure and the removal of the existing tower, for the record, we heard him state that Page 5 of 75 Page 9 of 499 February 6, 2025 there's adequate service and connectivity with the rest of the county. But if they remove the existing tower, then there's nothing; is that correct? MR. DAVIDSON: That's correct. I'm Jeff Davidson with Davidson Engineering. And we were hired by Collier County EMS to work on this project to help them get through this process. And, yeah, the tower that -- in Carnestown, the red dot in that direction on that drawing -- CHAIRMAN SCHMITT: Yes. MR. DAVIDSON: -- in front of you, that's the existing tower at Carnestown, and that tower was bought -- that property used to belong to the county, but now it's -- it was purchased by the park service, National Park Service. So they're requiring that tower to be removed. So in order to make up for that lost service, this tower -- the location -- the only location that's really viable for this tower to be moved is to this fire station, which is five miles towards Miami, and it's close to Mr. Shealy's property. In fact, I knew your grandfather, by the way, and I know your dad, so it's good to see you. MR. SHEALY: Thank you, sir. MR. DAVIDSON: Tell your dad I said hi. I grew up in Everglades City. But as far as -- I mean, we're told -- and, in fact, I know this for a fact, that fire station's still there. It's being used by the fire district. We met with the fire district on site to get their approval to put this tower in this location. So nothing's really changed as far as the use of the property. It will just have a tower on it if we get this approved. CHAIRMAN SCHMITT: Now, Ochopee Fire is now still -- is actually Greater -- MR. DAVIDSON: Greater Naples. CHAIRMAN SCHMITT: Greater Naples Fire District. MR. DAVIDSON: Right. CHAIRMAN SCHMITT: Do we have anybody here from the fire district? MR. DAVIDSON: I don't think so. CHAIRMAN SCHMITT: Okay. MR. COPPER: We do have Mr. Nathaniel Hinkle here from Collier County Department of Public Safety, and if need be, he can come and speak about the need of the tower in this area. CHAIRMAN SCHMITT: Yeah. Please, put that on the record, yes, and we also have Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Yes. If I can ask the gentleman that came up, do you happen to have a copy of that deed -- MR. SHEALY: Yes, sir. I have it right here available. COMMISSIONER SPARRAZZA: -- with you? Can we have counsel take a quick look? I'm concerned about legality of what is stated in the deed overriding the need. I mean, if it's listed in the deed. MS. ASHTON-CICKO: Yeah, Mr. Perry is pulling up the deed. We'll take a look at it. But the Ochopee Fire District is a special district of -- it's a dependent district to the Board of County Commissioners as a Municipal Service Taxing Unit. There are all sorts of contractual arrangements regarding who is reviewing plans and documents for the different fire districts, okay. But we'll take a quick look at the deed. Page 6 of 75 Page 10 of 499 February 6, 2025 COMMISSIONER SPARRAZZA: Thank you for that. CHAIRMAN SCHMITT: While they're doing that, can we have the gentleman from the county EMS? MS. ASHTON-CICKO: So the deed that I'm looking at does show that the ownership is in the Board of County Commissioners, so that is correct. COMMISSIONER SPARRAZZA: And the restrictions that were stated within the body of the deed basically do not apply because the county now owns it? I'm just making sure we don't -- MS. ASHTON-CICKO: Okay. So there's a whole litany of case law on this issue. I do believe Mr. Perry looked at it. But as a general rule, when the county takes a deed that has restrictions in it, there's case law that says the county is not subject to those restrictions in the deed unless the county voluntarily assumes or agrees to those restrictions. So I think that's all probably been reviewed. MR. PERRY: And with that said, the conveyance is made for the purposes of providing property to be used for fire protection and associated uses. The property is being used for fire protection and associated uses. So even if we assume that we are subject to these restrictions, they're not being violated. A radio tower for fire communications is -- any other interpretation would defy logic. COMMISSIONER SPARRAZZA: Correct. And the tower is to be used for EMS with possible future cell service, correct? MR. HINKLE: That is correct. I'm Nathan Hinkle. I'm the telecommunications manager for the Department of Public Safety, Collier County. COMMISSIONER SPARRAZZA: Okay. MR. HINKLE: And the tower here is a -- it's a forestry location, is the reality of this. We're losing the Carnestown tower site, and with that loss, we'll have a severe loss of radio coverage for public -safety use in that area. And so this tower -- the new tower location at Station 66 really goes hand in hand with what we need to do to enhance fire departments' communications, Greater Naples Fire, Ochopee. CCSO, our Sheriffs Office, depends on this. The State of Florida depends on this, the highway patrol, and the federal government uses this, so the national parks. So we're really providing a service that is needed by 911, and it goes hand in hand with the exact property deed today. COMMISSIONER SPARRAZZA: Right, and that's all I'm truly concerned with is the restrictions that were stated in that deed, for a simple term, are null and void because the property's been conveyed to the county; am I close? COMMISSIONER SHEA: No. COMMISSIONER SPARRAZZA: No. MS. ASHTON-CICKO: Well, I don't know if I would consider them null and void, because if the county sells the property again, they may, you know, be an issue. COMMISSIONER SPARRAZZA: Okay. MS. ASHTON-CICKO: Yes, we've deemed it sufficient to proceed forward with the petition. COMMISSIONER SPARRAZZA: Okay. Great. Thank you. CHAIRMAN SCHMITT: I see no other questions or comments. Anybody have any questions? Would anybody like to make a motion? I was about to start. Page 7 of 75 Page 11 of 499 February 6, 2025 MR. SUMMERS: Mr. Chair? COMMISSIONER COLUCCI: Yeah. I'd like to move that we approve this petition pending the resolution of any potential legal challenges. CHAIRMAN SCHMITT: Well, legal challenges would be separate and distinct from any zoning issue. That's -- he would have to pursue that through the courts. That doesn't have any impact -- I'll defer to the County Attorney, but that doesn't have any impact on the rezoning application unless they -- MS. ASHTON-CICKO: Correct, correct. The Board is looking for your recommendation on the merits of the petition as presented. COMMISSIONER COLUCCI: Well, I move we approve the petition as presented. CHAIRMAN SCHMITT: I second. COMMISSIONER SCHUMACHER: Chair, I believe we have another public comment. MR. SUMMERS: We had a last-minute submission, Connor Cardwell. MR. CARDWELL: If I may. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. CARDWELL: Yes, ma'am, I do. Thank you, sir. Thank you, Mr. Chair and Commissioners. My name's Connor Cardwell. I work, obviously, for the Florida Highway Patrol. I serve as our communications commander to oversee our seven communication centers across the state. I also serve as a security manager for the State Law Enforcement Radio System or SLERS. And, basically, I put my name on the list before this nice gentleman here came up and stated, but basically just to reinforce some of what he stated, also on this tower, upon its approval -- and currently on the tower that's going to be removed is a State Law Enforcement Radio System operations. So without this tower, once that tower's removed, there is going to be a huge gap. The new tower will provide coverage from south of South Naples to Everglades City and south of Tamiami Trail into the Everglades City and east towards Miami -Dade County for the SLERS network, the State Law Enforcement Radio System. With that SLERS, obviously, we have the state law enforcement partners that are down here, the Florida Highway Patrol, Florida Department of Law Enforcement, alcoholic beverage, tobacco, state fire marshal, as well as I believe Collier County uses SLERS or has the ability to use SLERS, and some of the EMS and fire areas in times of need can jump onto SLERS. So I do see that it is a need and -- as far as public safety with regards to law enforcement plus I do believe that the fire will benefit from it as well. CHAIRMAN SCHMITT: Okay. Thank you for -- thank you for your comments. MR. CARDWELL: Thank you. CHAIRMAN SCHMITT: Any other questions from the commissioners? (No response.) CHAIRMAN SCHMITT: Staff, your report, please. MR. BOSI: And staff is recommending approval. Just wanted to remind the Planning Commission that when you make the motion, you're making the motion, as well, Page 8 of 75 Page 12 of 499 February 6, 2025 as the EAC because -- related to this petition. CHAIRMAN SCHMITT: Correct, thank you. Yeah. For the new commissioners, we serve also as EAC. I don't know if you are aware of that. We used to have what was called -- the Environmental Advisory Council's been gone for, like, 10 years now. So now we serve as that as well. So the motion -- can I ask the motion to amend and state that we're approving both as the Collier County Planning Commission and sitting as the Environmental Advisory Council, Chap? COMMISSIONER COLUCCI: Yeah, I would endorse the change to the motion. CHAIRMAN SCHMITT: Okay. All right. Any -- and we had a second? COMMISSIONER SCHUMACHER: Second. COMMISSIONER SHEA: Second. CHAIRMAN SCHMITT: All in favor, say aye. COMMISSIONER SHEA: Aye. COMMISSIONER COLUCCI: Aye. CHAIRMAN SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHUMACHER: Aye. CHAIRMAN SCHMITT: Any opposed, like sign. (No response.) CHAIRMAN SCHMITT: It passes, unanimous. Thank you. THE COURT REPORTER: What was your name, sir? MR. COPPER: Brandon Copper. CHAIRMAN SCHMITT: All right. Next. MR. DESEMONE: ***Next petition. Petition --next petition is a companion item. It's a GMP amendment to include a PUDZ, The Hope Home II subdistrict and The Hope Home PUDZ. Can I ask that all stand, take the oath, all those who intend to speak. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SCHMITT: Thank you. Any disclosures, Commissioners? COMMISSIONER SHEA: Staff materials and site visit. COMMISSIONER COLUCCI: Just staff materials. CHAIRMAN SCHMITT: I spoke with Mr. Yovanovich concerning this matter. COMMISSIONER SPARRAZZA: I spoke with Mr. Yovanovich concerning this matter. COMMISSIONER PETSCHER: Staff materials, and I spoke with Mr. Yovanovich concerning this matter. COMMISSIONER McLEOD: Let's see. I visited the site, met with staff, met with the petitioner's agent, and then just to disclose, I was on the advisory board that created the first ever five-year strategic plan on mental health and substance use disorders, and I was on the coalition to execute the plan. Page 9 of 75 Page 13 of 499 February 6, 2025 CHAIRMAN SCHMITT: And was that a county board or -- COMMISSIONER McLEOD: The advisory board was. CHAIRMAN SCHMITT: For the county? COMMISSIONER McLEOD: Yes. CHAIRMAN SCHMITT: Okay. All right. COMMISSIONER SCHUMACHER: Staff materials only. CHAIRMAN SCHMITT: Okay. With that, Mr. Yovanovich. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich on behalf of the petitioner. With me is my partner, Francesca Passidomo, who also worked on this petition. Mr. Mulhere is our planner. Mr. Burgess and Nancy are with David Lawrence Center and will be here to answer questions regarding operation of the facility. Mr. Kulicki is our architect; he's here as well. And Andrew Rath, our engineer, is here to answer questions you may have regarding the petition. As the record indicates, there's two petitions before you, and I'll get into them in another slide in a minute, both the Growth Management Plan amendment and a rezone from currently zoned Estates properties to a PUD. As I think most of you on the Planning Commission are familiar, Golden Gate Estates has a master plan that basically eliminates the ability for conditional uses to go forward without having to do a Growth Management Plan amendment. The Estates are broken into two categories: The Rural Estates, which is basically east of Collier Boulevard, and Urban Estates, which is basically west of Collier Boulevard. This property is almost four and a half acres. The minimum lot size in the Estates is two and a quarter acres, so it's basically twice the size of the minimum lot size in Golden Gate -- the required in Estates zoning district. It's located -- as you can see in the yellow, our neighbor to the west is a canal and the 1-75 off -ramp. Mr. Mulhere will get into that in a little bit greater detail as he's taking you through the compatibility analysis. Our neighbor to the south is the State, and we have vacant land to the north, and we have some homes to the east. One of the things I want to point out as I go through my presentation, the current zoning is the Estates. We do have to amend the Growth Management Plan to be able to request the use we're asking for. You have correspondence in your backup material regarding putting -- what we have is a big home that's going to be occupied by men who are on their path to recovery from addiction. It will have their own bedrooms, their own bathrooms, but they will share a large great room/living room, large kitchen. They'll share washers and dryers. As Scott will take you through, this is going to be their family as they transition from in -residence recovery program to this home. And it's a home. You will see it looks like a home. It is a home. It operates like a home. It operates like a family. And then they will hopefully move on to a smaller home, an apartment, a house, wherever next for their road to recovery. There are -- as Commissioner LoCastro likes to say, we need to separate some rumors from what's the real facts about this home and how it will operate. And I want to start with the Estates zoning district is not a residential zoning district. The Estates zoning district is an agricultural zoning district. And in that agricultural zoning district, as Bob will show you later in the presentation, a care unit, which is what we are, is a conditional use. Page 10 of 75 Page 14 of 499 February 6, 2025 What does a conditional use mean? A conditional use means it is an allowed use in that zoning district, but it's not an allowed use on every parcel of property in that zoning district. So you go through a much more limited analysis as to whether or not this use is appropriate on a particular piece of property. There are four criteria that you look at in the conditional -use process. It essentially is you look at the impact on facilities, roads, water and sewer, and you look at compatibility. We're going through a much more rigorous analysis because we're rezoning the property through a Planned Unit Development. And Bob will take you through that analysis of how we meet those criteria. So the first rumor is is that this use is not supposed to be in a residential zoning district. Estates is not a residential zoning district, and yes, this facility is a use that is permitted in the Estates zoning district. But if you want to treat it as a residential zoning district, every one of the residential single-family zoning districts and every one of the residential multifamily zoning districts in Collier County also allows what we're doing as a conditional use. So if you live in Pine Ridge Estates, which is RSF-1, this use is allowed through the conditional -use process. If you live in an RMF-16 zoning district in Collier County, this use is allowed through the conditional -use process. So the first rumor that this is not a use that is consistent with residential homes is not accurate. It is absolutely consistent with every one of your residential zoning districts in Collier County. And Bob will take you through how this particular site is, in fact, compatible with what is around us. CHAIRMAN SCHMITT: Rich, while you're on that topic, you did state, though, because -- this is approved through conditional use, but you said also that we have to come in for a GMP amendment. MR. YOVANOVICH: Correct. Because as you know -- you've been around a long time -- the Golden Gate Master Plan basically prohibits conditional uses but for very, very small limited situations. So if you're a church, you basically -- you've seen me here before on behalf of churches. I had to do a Growth Management Plan amendment in order to basically put a church in Golden Gate Estates. CHAIRMAN SCHMITT: Just for the record, it's -- the requirement for the GMP amendment is because of the Golden Gate Area Master Plan. MR. YOVANOVICH: Right, correct. CHAIRMAN SCHMITT: Not for the use specific. It's because of -- MR. YOVANOVICH: If we were in, you know, Livingston Woods, south part of Livingston Woods is regular Estates -zoned property, I wouldn't be doing a Growth Management Plan amendment. I'd be simply in front of you under the conditional -use criteria. If I were out off Santa Barbara, there's Estates -zoned property there, south part of it, I would be simply here with a conditional -use petition. If I were in Golden -- if I were in Pine Ridge, I'd be here for -- just simply a conditional -use process. I wouldn't be doing -- I wouldn't have to do a Growth Management Plan amendment. Second thing I want to point out is addiction treatment is a specialty, not something that anybody can do. You have to have very specific training and very specific licensing. And the David Lawrence Center has those appropriate expertise. And you will hear from Page 11 of 75 Page 15 of 499 February 6, 2025 the experts about how this home operates and how this home will help people on their journey to sobriety. There is some information from people in the record that are not experts. And I think when you look at that information, you need to focus on this is something that requires expertise, and we have the expertise. And there's comments from -- in one of the letters it talks about how do we know that the operational standards that we're setting for this home will, in fact, be there? You just simply need to look at the David Lawrence Center, and I think it's 50 years. MR. BURGESS: Fifty-six. MR. YOVANOVICH: Fifty-six years in Collier County. The David Lawrence Center's not going anywhere. The David Lawrence Center will operate this 100 percent on their dime. There's no public money coming towards this home, no Collier County public money coming towards this home. And it will be operated by the David Lawrence Center. And the David Lawrence Center has been the mental health provider for Collier County for almost my entire lifetime. Some of you it's been your entire lifetime. But for me, not quite. There's comments about crime and what's going to happen if you put 26 men on a private -- on a parcel of property or 20 men in one home. That's simply not supported by any testimony or evidence that putting 20 men in a home is going to result in something poor happening to the neighborhood or the residents around that neighborhood. That's a scare tactic that was in the letter written to you, and we have the Sheriffs Office here if you want to ask questions regarding what really occurs in that neighborhood with regard to our existing home. Now, keep in mind, we have an existing home with six people living in that home on this piece of property operating today. There are five residents and a senior resident. That senior resident is further along in their journey to sobriety and is helping others as they go along. There's a lot of supervision that occurs and a lot of support that occurs in the current home and will occur in the new home that will be constructed on the property. The reality is when you look at our operational standards -- and Scott will take you through that in a little bit greater detail -- we do criminal background checks. If you committed a violent crime or you were a sexual predator, you cannot live in our home. So the reality is we will do more to assure that this home is safe than what will happen to anybody in any other home in that neighborhood, because you do not know who's going to buy the house next door to you. You do not know who is going to live next door to you. And anybody can look up in the public records -- there's a registry for sex offenders. I hesitate to say what I'm going to say now because I truly believe that people are allowed to rehabilitate themselves, but there is already a sexual predator living in that neighborhood. They won't be living in our house. But they're living in that neighborhood. And -- so what I'm trying to say is we're being -- the people are concerned about the quality of people who are going to live in our home and what might happen if they somehow relapse and somehow it's going to be unsafe. Well, that's not factually correct. And Scott will take you through the selection process and how they pick people to live in the home and how the people who live in the home have a say in who's going to live in the home, because they're all concerned about success. These are people who are Page 12 of 75 Page 16 of 499 February 6, 2025 coming to this house because they want to recover. And I think we've lost some humanity in some of the documents that are in your backup material and some of the statements that were said at the neighborhood information meeting. The next thing I want to address -- and we'll get into this. Scott will get into this. But briefly, I want to discuss the size of this home. It's basically a 15,000-square-foot home. They will have separate bedrooms for everybody who lives there, and I've already talked about the shared facilities. It's a big house. And there will be 20 men living in this house with two -- of the 20 men, two will be resident -- a senior resident helping with this process. It is not unusual in the Estates or anywhere else in Collier County to have a 15,000-square-foot house. That's not unusual. The number of people is probably on the higher end, and -- but there are some rather large families that probably have seven-, 10-bedroom homes in Collier County. That's not unusual. So what is unusual is what we're doing as far as working with these individuals, but it's a use that is consistent with residential zoning in Collier County. So the size is -- the size is not a deterrent to success. There are other homes throughout the state that are of similar size. And, guess what, they're in residential neighborhoods. And, guess what, they're not a problem for those residential neighborhoods. So statements as to the size are not supported by the actual evidence that you will hear from us as we provide testimony today. CHAIRMAN SCHMITT: Rich, can I interrupt you again? MR. YOVANOVICH: Absolutely. CHAIRMAN SCHMITT: Please, just, again, for the record, it's 26 total, but the existing -- MR. YOVANOVICH: The existing home will stay -- CHAIRMAN SCHMITT: Stays. How many residents -- MR. YOVANOVICH: -- and there will be a new home. CHAIRMAN SCHMITT: -- in the existing home? MR. YOVANOVICH: Six. CHAIRMAN SCHMITT: Six. That includes the supervisory staff? MR. YOVANOVICH: So there's five -- five people who are going through the process, and one supervisory resident. CHAIRMAN SCHMITT: Okay. And then the remainder in the other. MR. YOVANOVICH: There will be 18 and two supervisory residents in the other one. I've already kind of hit the highlights of what we're asking for as far as the Growth Management Plan amendment and the PUD rezone. We are -- we've had two neighborhood information meetings on this project. We made some revisions to the project as a result of the first neighborhood information meeting. There were concerns about the fact that we were going to have a two-story residence and people were concerned as to their privacy if somebody was living on the second floor looking into the backyards of the neighbors. You'll see the master plan. We have a 220-foot vegetated area, plus we're set back a little bit further from that 220 feet. But we agreed to limit it to one story. So we made that revision as part of this process of getting neighborhood impact -- input. Page 13 of 75 Page 17 of 499 February 6, 2025 We originally were asking for 30 residents. We went down to 26. We don't think this is necessary, but we committed to a 10-foot-high non -climbable opaque barrier, basically a 10-foot wall, again, to provide further privacy commitments in this project. I don't want that to come back and bite us like it did when we were talking about the project across the street. We don't believe this is necessary for safety or any other reason. This was purely an accommodation to the residents because I'm fairly certain none of us are able to peer over or look over a 10-foot wall, again, to address concerns about privacy. We agreed to the no residential use and no passive uses in that 220-foot area that Bob will take you through in our presentation. And we incorporated significant operational commitments into the PUD. So there is a mechanism for enforcement by the county if for some reason the David Lawrence Center doesn't do its job. But as I said, they've been here for 56 years, and they are going to make sure, to the best of their ability, that everybody who lives in that home has an opportunity for success in their journey to sobriety. This is a home. It's a big home, but it's a home that's appropriate in every residential zoning district in Collier County through the conditional -use process. I'm going to turn it over to Scott to take you through David Lawrence Center's credentials, plans for operating this home. He'll then turn it over to Bob, who will take you through the planning analysis, and then we're available to answer any questions you may have. And, of course, you can ask questions now, if you prefer, before we get further in our presentation. CHAIRMAN SCHMITT: Commissioners have any questions of -- COMMISSIONER SHEA: Just a quick one, Rich. Do residents typically have their own vehicles, or are they all there without vehicles? MR. YOVANOVICH: They have the ability to bring their vehicles; not all of them do. And we did our transportation analysis as if everybody did have a vehicle, but the reality is everybody does not have a vehicle. But there are some that do. I think roughly half. Roughly 50 percent will have their own vehicle. Others will take -- there's a bus stop up the road on Golden Gate Parkway. So there's public transportation nearby. COMMISSIONER SHEA: So they would walk down 62nd to the Parkway. MR. YOVANOVICH: Right. And we'll get through this when we show -- when we go back -- and I'll let Bob take you through the actual access to the site. It's not through 60th. It's through 62nd. We're not getting -- our cars are not going near our neighbors to the east. COMMISSIONER COLUCCI: So it sounds to me that this is what I would call a halfway house. MR. YOVANOVICH: I think that's a pretty good terminology, yes, sir. COMMISSIONER COLUCCI: And the residents have the ability to come and go as they please; is that correct? MR. YOVANOVICH: You're going to get -- we're going to get into the operational characteristics. There's curfews. There's drug screening. There's random tests. There's very limited visitation. So they're not coming and going as they please. There are expectation as jobs -- COMMISSIONER COLUCCL• A limited coming and going? MR. YOVANOVICH: Yeah, absolutely, because they're going to work. Page 14 of 75 Page 18 of 499 February 6, 2025 COMMISSIONER COLUCCI: Because it's a halfway house. MR. YOVANOVICH: Because they're going to work. They're going to reintroduce themselves back into society after their residential treatment program. COMMISSIONER COLUCCI: That's a good thing. CHAIRMAN SCHMITT: Randy. COMMISSIONER COLUCCI: Thank you. COMMISSIONER SPARRAZZA: Rich, if I may ask, as you stated, the conditional use is basically a blanket use almost anywhere or possibly anywhere within Collier County in a residential district for something like this? MR. YOVANOVICH: This care unit use is allowed anywhere in Collier County residential zoning districts and the Estates zoning district except for areas covered by the Golden Gate Master Plan. CHAIRMAN SCHMITT: Allowed with a conditional use. COMMISSIONER SPARRAZZA: With a conditional use. MR. YOVANOVICH: With a conditional use, correct. COMMISSIONER SPARRAZZA: Okay. Flipping that around, then what could stop a conditional use for a care unit? MR. YOVANOVICH: Well, we have to go through a review process as to compatibility, which is the primary criteria. So we would put -- the burden's on me when we get into a quasi-judicial hearing; you know that. We come in, we put up our expert testimony as to why this is compatible with the neighborhood. Is it going to unnecessarily impact infrastructure, roads, water, sewer, et cetera? We'll go through that analysis. And if we meet the criteria, we should be approved. If we don't meet the criteria, then you should deny us. COMMISSIONER SPARRAZZA: Very good. Thank you. CHAIRMAN SCHMITT: Anybody else? (No response.) CHAIRMAN SCHMITT: I have a couple of questions. Given the size of the building, have you gone through any type of preliminary reviews, Building Department, otherwise? My question -- MR. YOVANOVICH: (Shakes head.) CHAIRMAN SCHMITT: -- does the size trigger the requirement for fire suppression? MR. YOVANOVICH: As far as -- we have our architect here, but no. Have we submitted our building permit plans yet, no, but obviously, we will be required to go through that process. And if fire suppression is required, we're going to have to -- CHAIRMAN SCHMITT: Sprinkler system at that size building. MR. YOVANOVICH: Correct. Sure. CHAIRMAN SCHMITT: It may trigger it. MR. YOVANOVICH: We don't usually get into -- as you know, we don't usually get into that at Comp Plan and Zoning. CHAIRMAN SCHMITT: I know, but it's important -- MR. YOVANOVICH: The answer is yes, we're looking at those issues, and we're going to meet -- CHAIRMAN SCHMITT: For water use, I wanted to know that. Okay. But the second thing -- and you and I talked about this third bullet, non -climbable. Page 15 of 75 Page 19 of 499 February 6, 2025 That is an interpretive term. Maybe in my younger days, it could be -- you know, as a paratrooper, I may have been able to climb 10 foot, but I don't know about now. But we'll try it. But I asked staff just to remove that. It's a 10-foot wall. MR. YOVANOVICH: Yes, sir. CHAIRMAN SCHMITT: Non -climbable is to be interpreted. I know what they meant, but it's -- I just don't want somebody to hang on that term "non -climbable." MR. YOVANOVICH: Yeah, that's fine, because I think back in my younger days, I did probably climb over a few chain -link fences, but never -- never a 10-foot wall because, frankly, I couldn't drive up, jump that high. I never was strong enough. CHAIRMAN SCHMITT: I'll ask staff to cover it during their presentation, but -- COMMISSIONER COLUCCI: What is an opaque barrier? MR. YOVANOVICH: You can't see through it. It's a wall. COMMISSIONER COLUCCL• A wall. MR. YOVANOVICH: A wall. CHAIRMAN SCHMITT: Solid wall. All right. Well, we'll probably have more questions -- I'll have -- but next is you're going to have -- any other commissioners have questions before -- go ahead. COMMISSIONER PETSCHER: I've just got a couple quick questions. The existing home looks like it's going to -- it's on septic, correct? MR. YOVANOVICH: Correct. And well. Septic and well. COMMISSIONER PETSCHER: I'm sorry? MR. YOVANOVICH: Septic and well for water. COMMISSIONER PETSCHER: Yeah. And the new structure's going to be on city? MR. YOVANOVICH: Well, we have the ability to do either/or. We -- if we do a septic, we would be required to go through the Health Department to show that it's adequately sized and it can function properly for the number of people in this residence, and same thing with the well. We have looked at the ability to connect to both central water and sewer, and that ability is there. It's expensive, but the ability is there to connect to both water and sewer if -- should that be required. COMMISSIONER PETSCHER: If it was required, would you also retrofit the other existing building? MR. YOVANOVICH: Yeah. I'm sure we could connect that, too, yeah. Yes, sorry. COMMISSIONER PETSCHER: That was my only question. MR. YOVANOVICH: I never thought about that, but sure. I don't know why we couldn't. COMMISSIONER PETSCHER: That's all I have. CHAIRMAN SCHMITT: Anybody else? (No response.) CHAIRMAN SCHMITT: Thanks. Rich. MR. YOVANOVICH: Scott. MR. BURGESS: Good morning, Commissioners. For the record, Scott Burgess. I'm the CEO of the David Lawrence Centers. I appreciate being here today and presenting Page 16 of 75 Page 20 of 499 February 6, 2025 this important project to you for Collier County. There's been question already regarding what exactly this type of residence, this home is going to be, and it's a recovery residence. And you see here on the screen the terminology defining that. Recovery residence is a broad term, and it describes a sober, safe, healthy living environment that promotes recovery from alcohol or other substance use associated challenges. There are thousands of recovery residences that are already in existence in the United States, and they vary in size and target population. Most recovery residences do offer peer -to -peer recovery support, which ours does as well, with some -- also providing evidence -based professionally delivered clinical services, which ours does as well, to promote long-term recovery. Hope Home, our current Hope Home -- which I'll talk to you about, that's been in existence now for almost five years -- is defined by the Florida Association of Recovery Residences as a Level II recovery residence. A Level II is a monitored level, meaning that there are specific policies and procedures in place, and there's also a resident hierarchy which may include and does include, in our model, a senior resident. The Level II includes house rules that provide a lot of structure, peer -run groups, and involvement in self-help groups. There are random drug and alcohol screenings that happen with great frequency weekly, and the house meetings occur weekly, and attendance is required, and there's no medical treatment that's provided in this home. And as we've tried to continue to reiterate, this is a big home. This is a family community. We're not providing medical treatment there. We're just providing other forms of support. It's important to note that recovery residences are vital to offering support to individuals and a community and helping them thrive, and they're in very short supply here in Collier County. Commissioner McLeod has already referenced the fact that the Collier County Commission has unanimously supported a five-year mental health and addiction strategic plan that incorporates as its second highest ranking need the need for developing more affordable supportive housing such as this type of residence. DLC has a 56-year demonstrated history of providing effective behavioral health care in Collier County. We're blessed to have amazing -- amazingly skilled, highly experienced, and dedicated staff with exemplary expertise leading our treatment and service provision. Just the top two medical doctors listed on our staff list here that are -- this is the list of individuals that are directly involved with our substance -use continuum support services, which Hope Home includes, but just these two top medical doctors listed together share over 70 years of specialized psychiatric service expertise, Dr. Castro additionally being a highly recognized addictionologist nationally. The executive, clinical, and operations team share close to 100 years of experience in the field, and our direct -care team over Hope Home, led by Maggie Baldwin, have the highest licenses and credentials the field has to offer, and their experience and dedication to our residents is undeniable. So you see here all the various staff that are active in this -- in our screening process and in our involvement with a provision of support for those that are receiving services -- substance -use disorder services, including this is an important element of our ongoing treatment that are listed there. Page 17 of 75 Page 21 of 499 February 6, 2025 So a little bit about the existing Hope Home. That's a picture there on the left of the current Hope Home on the property that we're talking about. So, again, we have, you know, almost the five acres there. This is on a portion of that. And as you can see, that we've been operating Hope Home since June of 2020. So, again, we are coming up on five years of support there. Again, it is credentialed through the Florida Association of Recovery Residences, which is the -- is the recommended association and certification through the State of Florida. Again, I've spoken about what it offers as far as a safe and sober environment with peer support and a lot of guidance that's available to the individuals that are seeking a living experience that supports their pathway to maintaining successful sobriety and recovery. Residents are intended, as we've reiterated, to be a family. It's an intentional community. It's a home environment for those that are living in recovery, people who desire change and seek support in the recovery process and beyond. As has already been referenced, we have five residents in this current home, one of which is a senior resident who acts almost as a residence assistant, if you will, kind of putting it in that kind of analogy term. We have an approved recovery residence administrator that oversees the home. That's a person with specialized training and credentials in order to do this specific type of service. The current Hope Home is a five -bedroom, three -bathroom residence. There were some questions already in regards to the curfews and other types of elements of participants/residents in Hope Home. We do have curfews in place. Curfews are Sunday through Thursday, 10:30 to 5:00 a.m., and Friday and Saturday, midnight to 5:00 a.m. Of course, people, you know, work and have other things that they do during the day, which is a really important part of the project, and the recovery process is for people to have positive day structure, including work, volunteerism, going to groups, getting, you know, mentor support and other types of support. So people are away from the home during the day quite frequently. We have had 26 residents that have gone through Hope Home in the time period that we have owned it and have operated it. And the average length of stay is 209 days, so that's about seven months. And the clients -- the residents that are there do pay a fee in order to participate in the programming. So there -- just to go through a little bit more depth and detail in regards to the selection criteria and the screening process, there have been ill-informed and irresponsible accusations levied towards the residents that we support further stigmatizing these community members that could be our brothers, our sons, our cousins, who simply seek to thrive again. So I want to be very clear that we have a robust, lengthy process of resident selection conducted by our professional staff to ensure high levels of success for each potential candidate, the home, and our community. To give you a little bit more depth on that, we have a screening process of potential Hope Home residents. The process takes weeks, if not months, for potential candidates to go through. It is a seven -step process. Each of the processes within those steps have multiple elements that need to be checked "positive" that the person meets the criteria in order to continue to move forward in that process. This includes everybody receiving a thorough criminal background check, as Rich mentioned. And, of course, he already Page 18 of 75 Page 22 of 499 February 6, 2025 reiterated the exclusionary criterias as well, which are no violent criminal history, no sexual predator history. In addition to the criminal background check, as part of the process, there are many -- several interviews and assessments that are conducted with our professional staff, which is also clinically reviewed by licensed staff members and our clinical recovery residence administrator. So all along the process, individuals are going through interviews, assessments, screenings, and they have to continue to meet every one of the criterias in order to move forward in the process. After the person goes through all of those processes, then they also -- we have a process also of having our residents interview the potential new residents. Again, this is a person that will be coming into a family, coming into a community, all of which have invested [sic] interest in making sure that that home thrives. So they are actively involved in the selection process as well. So after somebody goes through all of the professional review, the residents also have to interview and review, and then there's a final determination that is made related to whether the person is accepted into Hope Home. Just from a high -note level, we've indicated, you know, just a few of the criteria that are important in that selection process as well, that the person needs to display a strong willingness and desire to maintain sobriety and a healthy lifestyle. Everybody, of course, has to remain alcohol and drug free, and we do all of that random testing to ensure that that is in place. Everybody has to commit to being in the home for a minimum of three months. And as I mentioned before, the average length in the home is actually closer to seven to eight months. A person has to commit to putting together, with support, a personal recovery plan and to work that plan aggressively. They need to find a recovery mentor, which all are required to do. They have to be active participants in the home to be helpful in the home and to assist with the home groups, and they also need to commit to having participation in groups outside of the home as well, participating regularly in those meetings, accepting responsibility, and sustaining friends that are going to be helpful to them in their recovery pathway moving forward as well, building up that network of recovery support. So again, accountability is a huge element, and people have to be willing to commit to that accountability. So they need to abide by all of the rules. Our handbook that we have, which we either can -- have provided or can provide, is 36 pages. Every one of the residents, as part of process of coming in, have to be -- have to review that as part of one of their interviews, and they have to sign off on every expectation that is in that handbook. That handbook also includes a good -neighbor policy. So, again, we spell out from point -- the first point that we're having conversation with individuals how important it is for us to be good neighbors and what that specifically means in the way that we define it. And to date, since we've had this current home, we've not had problems at all with neighbors. Again, they have to abide by the rules of the residence. They need to participate with their recovery family. We need to -- they need to participate with their peer support. They have to demonstrate respect for themself, respect for others, including the community within they live in and the neighborhood that they live in. They have to attend the house and the community meetings, which we discussed. And importantly, as I mentioned before, it's critical that they become involved with Page 19 of 75 Page 23 of 499 February 6, 2025 positive day structure in order to help them thrive again, and oftentimes that's work, and we do have -- the members of Hope Home have had great success with getting back to work, and that's helping, and they're thriving again and their ability to be able to not only maintain and sustain but to move forward in life. So what do we provide in the home? I mentioned a lot of the peer support. So of course, through the senior resident, they're getting a lot of peer support. They're also getting a lot of peer support that comes to wrap around them while they're in the home. So we have peer support specialists and resident expert -- residential experts that assist and support individuals. If they have need for any additional support, treatment -related support, they can receive that at David Lawrence Center or in other places in the community. And so that's not provided directly there, but it is available to every individual to help support them in whatever way they need additional support. The accountability is a huge factor that the -- just like in a home, everybody has to be held accountable to doing their chores and making sure that they're positively, you know, commuting with each other, and that accountability is heightened and really important. A part of that accountability, as I mentioned before, are those random drug and alcohol testing that take place there, and that, again, is an important part of the accountability mechanism in ensuring people thrive. And, of course, we've got that dedicated peer support, and we have tailored case management and recovery plans for each individual. Every individual is exactly that, an individual. Their issues might be a little bit different, their opportunities for moving forward, their interest in their recovery plan as far as what that looks like, it needs to be customized for every individual, and everybody's got a plan. Everybody's got to work that plan as part of their participation in Hope Home. And with that, I'll turn it over to Bob, unless you have any specific questions. CHAIRMAN SCHMITT: We have -- I have some questions, but, Randy, do you have a question? COMMISSIONER SPARRAZZA: Great. Thank you. Yes, thank you for your presentation. Appreciate hearing some more details as to what the goals are and the structure of this program. I'm sure there's no one in Collier County that's going to say this is a bad program. No one's going to say it's not needed. Two questions regarding that. First of all, where is the closest RR home to us in Collier County right now; do you know? MR. BURGESS: The closest one to where we're at right now? COMMISSIONER SPARRAZZA: Well, yeah. MR. BURGESS: I'd have to defer to Maggie, she may know, or Nancy. MS. BALDWIN: It would be Naples Recovery Network. CHAIRMAN SCHMITT: If you want to make a statement, for the record, to these questions, please. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN SCHMITT: State your name for the record. MS. BALDWIN: Good morning. Maggie Baldwin. The closest recovery residence would probably be Naples Recovery Network owned by Phil Hummel. I don't have the address. I want to say it's off of Pine Ridge Page 20 of 75 Page 24 of 499 February 6, 2025 Road. And he owns a few properties in that area. COMMISSIONER SPARRAZZA: Do you know roughly the size -- the head count, the heartbeat per home? Is it 10? Twenty-five? MS. BALDWIN: I think he has between six to 10 male residents in his houses. COMMISSIONER SPARRAZZA: In his house --in multiple houses. Okay, great. And maybe you can answer this: A couple of times during the presentation it was stated "random drug and alcohol testing." MS. BALDWIN: Yes. COMMISSIONER SPARRAZZA: Can you give us a feeling of what "random" is? MS. BALDWIN: So the residents are tested once a week. They don't know who's up or what day of the week, but it's once -a -week testing. COMMISSIONER SPARRAZZA: Oh, it is, once a week. MS. BALDWIN: Once a week. COMMISSIONER SPARRAZZA: Okay. MS. BALDWIN: And there's also Breathalyzer testing at the house. And if needed, we have drug testing kits in the home if the senior resident has any concerns. COMMISSIONER SPARRAZZA: Okay. Great. Thank you for that. MS. BALDWIN: You're welcome. COMMISSIONER COLUCCI: How many halfway houses are there in Collier County? MS. BALDWIN: I don't have that information off the top of my head. I would have to research that for you, sir. COMMISSIONER COLUCCI: Can you take a guess or an estimate or -- MS. BALDWIN: As far as FARR certified recovery residences, there are not that many. There's Naples Recovery Network, which is owned by Phil Hummel. There's Art of Living Homes. There's Hope Home. There's also a home called Primary Purpose that's here in Golden Gate Estates, but that's not a FARR certified recovery residence. COMMISSIONER COLUCCI: So I'm guessing that within the FARR certified residences, there may be 50 residents in the -- for the county? MS. BALDWIN: How many -- MR. BURGESS: So you're asking about individuals? COMMISSIONER COLUCCI: Yeah, people. CHAIRMAN SCHMITT: Please speak into the mic so we can make sure we have a recording. COMMISSIONER COLUCCI: We have very few of these -- MS. BALDWIN: Yes. COMMISSIONER COLUCCL• -- FARR certified residences. MS. BALDWIN: Correct, correct. COMMISSIONER COLUCCI: I'm just curious as to how many residents these certified residences might have. Fifty? MS. BALDWIN: Possibly 50, maybe a little bit less. COMMISSIONER COLUCCI: For the whole county? MS. BALDWIN: For the whole county. COMMISSIONER COLUCCI: What's the population of Collier County? Page 21 of 75 Page 25 of 499 February 6, 2025 MR. BOSI: Mike Bosi, Planning and Zoning director. Four hundred and fifteen thousand permanent population with the seasonal increase of 20 percent. CHAIRMAN SCHMITT: Seasonal increase, yeah. COMMISSIONER COLUCCI: Oh, God. CHAIRMAN SCHMITT: Can I ask the commissioners please use your buttons when you're going to speak so I can keep track. Thanks. COMMISSIONER COLUCCI: Well, I'll press my button and say thank you. CHAIRMAN SCHMITT: Thank you. Scott, I have some questions. Again, I'm looking at the demand primarily on water and sewer. There's no food service on site; is that correct? MR. BURGESS: Correct. CHAIRMAN SCHMITT: Each resident prepares their own meals? MR. BURGESS: Each resident, yes, prepares their own meals, that's correct. CHAIRMAN SCHMITT: So they purchase their own food. It's not a communal thing, but -- MR. BURGESS: Correct. CHAIRMAN SCHMITT: There's one kitchen, but they prepare their own meals. MR. BURGESS: Correct. CHAIRMAN SCHMITT: Laundry service, they do their own laundry service? MR. BURGESS: Correct. CHAIRMAN SCHMITT: There's no linen exchange? Is there a linen exchange? MR. BURGESS: There's linens that are provided when a person comes in, obviously, and then they're -- you know, they wash their own linens and -- yeah. CHAIRMAN SCHMITT: Okay. Again, these are all demands on water. Housekeeping services? Do you have -- do they have maid service, housekeeping services? They maintain their own -- MR. BURGESS: They maintain their own property, and then we have, you know, people come in periodically. But no, for the most part, they are required to maintain the property. CHAIRMAN SCHMITT: And as far as the communal living facilities, meaning the shared facilities, that's -- there's some kind of chore -- MR. BURGESS: Correct. Shared responsibility -- CHAIRMAN SCHMITT: Shared responsibilities, correct. MR. BURGESS: Yep, yep. CHAIRMAN SCHMITT: Medical staff is only on call, then? MR. BURGESS: Correct. CHAIRMAN SCHMITT: All right. Again, I want to talk to your architect at some time as well because I want -- I want the architect, between now and when I ask -- because the size of this building, he should know -- he or she should know whether there's going to be requirements for a separate sprinkler system because, again, I'm looking at demand on water and whether it can be serviced. And ingress/egress with that size population of the building, so... MR. BURGESS: Yep. CHAIRMAN SCHMITT: But I'll reserve that, and that person can prepare. But just so you know where I'm going on this, I've already talked to Rich Yovanovich about Page 22 of 75 Page 26 of 499 February 6, 2025 this. The size of the building, the population demand -- and I'm going to ask the county staff as well because I know we had discussions during the last meeting about septic. But this is within the Water/Sewer District, and I'm going to require that it be connected to the public services, Collier County water service. I just don't see how a building of this size with this population on the items I just talked about can be serviced by a septic tank system unless you have an engineer that can describe it to me. But I just don't believe that -- to put that type of demand on a septic and well -- we're close enough, and I'll reserve when county staff -- I want to reserve to -- our representative from the Collier County Water/Sewer District come up and explain as well what they think the requirements would be for this facility and whether it can be connected. I realize it's a cost. I realize you're going to have to pay the impact fees and related to the connection. But if you're looking for my support, this will have to have connection to the Water/Sewer District. So I'll defer to any other commissioners. Chuck. COMMISSIONER SCHUMACHER: I agree. Because I live in the Estates, I have a well and I have a septic. I also have two high schoolers, so I know how much water I go through. CHAIRMAN SCHMITT: Does that mean the washing machine every day? COMMISSIONER SCHUMACHER: Every day. One of them in wrestling, the other one in cheer, forget it. It smells like a locker room half the time. But on top of that, running a reverse osmosis system on the whole house, you're burning two to three gallons to make one gallon. So it's a tremendous -- a tremendous amount of water gets used. But I did want to address -- because in the opposition letters -- and then I want to call it an elephant in the room. One of the letters -- this other mental health professional who's against this project stated you had 14 visits in 20 months from the Sheriffs Office specifically at that site. Now, if that's not correct, then obviously I want to address that. And, Rich, you -- I know you said you had somebody here from the Sheriffs Office. But I'd really love to get on top of that and clarify this, so... MR. YOVANOVICH: Let's deal with that elephant in the room right now if this is okay. COMMISSIONER SCHUMACHER: Thank you. Yes. MR. YOVANOVICH: I'll have -- I'll have the sheriff s department -- COMMISSIONER SCHUMACHER: Perfect. MR. YOVANOVICH: -- deal with that. COMMISSIONER SCHUMACHER: Thank you, sir. LT. WEIDENHAMMER: Good morning. Leslie Weidenhammer from the Sheriffs Office. I'm a lieutenant at the Behavioral Health Bureau. COMMISSIONER SCHUMACHER: Good morning. Thank you for coming. LT. WEIDENHAMMER: Thank you. COMMISSIONER SCHUMACHER: So just try to clarify this. I mean, there's lots of reasons that the Sheriffs Office show up to your house. You could have an EMT call. You could have a number of different things. But there was a letter that stated that the police have been there 14 times in 20 months, and then -- and that's only on X amount of individuals, and they put a math Page 23 of 75 Page 27 of 499 February 6, 2025 equation in there that I can't remember, but it showed to be going a whole lot higher than what's there now. So we see that everybody has to be screened to get into this. You do background checks. You have predator checks. You have screenings, and all these things. I think it's a selected group that would able to use this recovery tool. But if you could expand on whatever you possibly can on these visits to try to push down this negative tone. LT. WEIDENHAMMER: Sure. During that time, they've been in existence for about four and a half years, which takes us to 2019, somewhere around there. Looking at that, there have been calls for service on that road. COMMISSIONER SCHUMACHER: On that road, okay. LT. WEIDENHAMMER: That does not mean that those calls were necessarily for that residence or individuals at that residence. As a matter of fact, when we looked at those, many of those were folks who were fishing in the canal, folks who were there by the canal that were not associated to the home that were making noise. There was a call for service for a brushfire. So not all the calls on that road or at that residence were necessarily due to that home or those individuals in that home. COMMISSIONER SCHUMACHER: Correct. So that would be an incorrect statement to say there's been this many calls specific to that residence in'20 [sic]. When you -- exactly as you put, there's been calls for that road due to anybody fishing in the canal or a brushfire, so on and so forth. LT. WEIDENHAMMER: Sure. COMMISSIONER SCHUMACHER: Thank you. LT. WEIDENHAMMER: And what happens is, because there's not a whole -- as you've seen on the aerials that they've shown, there's not a whole lot of residents right there on that particular road. So a lot of times, from our dispatch, we will go in and look for -- or even somebody who calls in will say, "Well, it's near that address," and it doesn't always mean that there's something occurring at that address. That is something that occurs throughout the county. COMMISSIONER SCHUMACHER: Thank you. That's what I would like the clarification on. Thank you very much for that. LT. WEIDENHAMMER: You're welcome. CHAIRMAN SCHMITT: Paul, before I get to you, let me just finish. Scott, I have a couple other questions. This is a male -only facility. MR. BURGESS: This is a male -only facility. CHAIRMAN SCHMITT: And it's strictly voluntary, so any resident can self -enroll or disenroll at any time? MR. BURGESS: Correct. CHAIRMAN SCHMITT: Says, "I'm no longer putting up with this," and -- MR. BURGESS: Absolutely. If they -- if they have no longer an interest in following the rules and all of the policies that they're subject to as being a resident of the home, they can opt to voluntarily leave at any time. CHAIRMAN SCHMITT: Okay. And then when Bob speaks, I'll have some questions for Bob. But, Paul, go ahead. COMMISSIONER SHEA: This is more for the officer. MR. BURGESS: Yeah, yeah, I'm sorry. COMMISSIONER SHEA: Just to follow up to the question on the calls, what Page 24 of 75 Page 28 of 499 February 6, 2025 would a typical call look like that you would associate with the existing facility look like? LT. WEIDENHAMMER: Are you speaking directly -- COMMISSIONER SHEA: I mean, what kind of calls are you getting? Noise? Are you getting -- that you might associate with the facility? Because it sounds like you've got a certain number of calls. You've said they're not all related, but some are. So what would it look like for the ones that you would say were related to the facility? LT. WEIDENHAMMER: And you're speaking directly of that facility, that address? COMMISSIONER SHEA: Yes, yes, ma'am. LT. WEIDENHAMMER: Yes, sir, Commissioner. What we've seen there, there was a medical call there, somebody who was having a medical issue; there has been a call there for deputies helping one of the individuals deliver their bicycle to the home. Criminal activity, that is not the case. COMMISSIONER SHEA: Thank you. CHAIRMAN SCHMITT: Any other questions? Go ahead, Mike. COMMISSIONER PETSCHER: My question is, what about friends or guests of these individuals? Are they allowed to just come and go as they please? MR. BURGESS: No. They have to be approved by the house manager. We have very strict rules as far as -- I mean, certainly there's no overnight guests at all, and they have to have approval from the senior resident in order to have guests. And quite frankly, there's not a lot of guests that come by. When people visit with family or visit with friends, they typically will do that away from the premises. COMMISSIONER PETSCHER: And there's no, like, medical staff that goes there every day? There's not a David Lawrence staff member that goes there every day or anything? MR. BURGESS: Well, there's pretty typically a staff member that goes there. That would be one of our peer support specialists. So that wouldn't necessarily be a medical doctor, but it would be somebody that is actively involved in wrapping support around the individuals in the home. So there is pretty regular, almost daily, if not daily, contact from one of the staff of David Lawrence Center. COMMISSIONER PETSCHER: Thank you. MR. BURGESS: If I might, I'd like to just speak to the demand and the need for the program like this and why it was ranked the second highest priority in the strategic plan was because it was recognized at that time -- and it's been a consistent number -- is that there's a need for about 100 of these types of housing availability on a daily basis in Collier County. So we know that the demand is quite high; the supply is very, very low. And that's why we're trying to attend to that need as best we can one step at a time by believing -- bringing forward these projects such as affordable supportive housing through recovery residences. CHAIRMAN SCHMITT: I see no other questions -- oh, sorry. Mike, you already got yours. I see no other questions. Rich. MR. YOVANOVICH: Mr. Mulhere's up. CHAIRMAN SCHMITT: Mr. Mulhere. Bob. MR. MULHERE: I didn't know if it was breaktime. CHAIRMAN SCHMITT: Go ahead, Bob. Page 25 of 75 Page 29 of 499 February 6, 2025 MR. MULHERE: Thank you. For the record, Bob Mulhere with Bowman. I am a certified planner who has worked in land -use planning for 37 years now. Been certified as an expert. So bear with me. While some of this may seem a little repetitive, from my perspective, it's important that I get some stuff on the record. That's just a picture of the backyard. So you know the location and that it's 4.47 acres in size. This is the text from the Growth Management Plan which establishes The Hope Home II institutional subdistrict. It allows for the recovery residences that we've been speaking of. Also single-family dwelling and family care facility as defined in the LDC. Two and three are already allowed in under the Estates zoning. And this is a snippet from the Golden Gate Area Master Plan with the subdistrict identified in yellow. Let's -- going to the Planned Unit Development, the zoning, that's where we really have the opportunity to talk about compatibility. And these are the permitted uses there; very specific. A total of 26 residents inclusive of 23 residents and three senior residents. And again, single-family dwellings, family care facility -- there's a typo there, but care -- and any other principal use which is comparable in nature with the foregoing, which is standard language typically put in any of the zoning districts. Just to reiterate, medical and commercial uses aren't permitted. The site can only be used as a residential style recovery residence. No other treatment facility or function of the David Lawrence Center will occur in this location. And these are just accessory uses typical of any residential zoning district or agricultural zoning district except that we have allowed for a fence or wall up to 10 feet in height. You've already seen the location. This slide depicts the uses that surround us. Rich went over those. We have a canal and I-75, you know, to the west, and to the south is owned by the State of Florida. I don't know what their intended use is with that. Perhaps if the roadway is widened, they may have some stormwater use or something like that. But anyway, that's owned by the state. To the north is a vacant lot, and to the east there are single-family estates zoned residential lots. You already know this, but we've had two neighborhood meetings. So neighbors have been contacted via letter, and we had those two meetings. COMMISSIONER SPARRAZZA: Bob, if I may, the lot to the north, the vacant land, is that owned by an individual? Corporation? Do you happen to know? MR. MULHERE: I don't. MR. BURGESS: Individual. MR. MULHERE: Individual. COMMISSIONER SPARRAZZA: Individual, okay. Thank you. MR. MULHERE: So I think Rich mentioned, but conditional uses, generally in the Estates zoning, allow a number of uses that are very different than single-family and that would generate impacts other than -- atypical to a single-family home. Those are churches, social and fraternal organizations, childcare centers, and adult daycare centers, private schools. And then if you look at the Conditional Use No. 5, you'll notice that that structured -- that each of these uses are separated from another one by a semicolon which means that those are -- that is a list of uses. Group care facilities, Category 1. Care units Page 26 of 75 Page 30 of 499 February 6, 2025 subject to the provisions of the LDC Subparagraph, basically, 6, which is directly below 5, and then also nursing homes, assisted living facilities, continuing care retirement communities. So care units are a permitted -- are an allowable conditional use in the Estates. As Rich mentioned, they happen to also be a conditional use in residential single-family zoning districts and multifamily zoning districts. And there's the residential zoning district. You can see that, basically, the same language exists under No. 7 here under conditional uses for residential zoning districts, care units, and the same provision, in this case, No. 8 below has restrictions on those -- on those uses. So let's talk about some definitions. The very first phrase under the definition of care unit is significant. It says, "A residential treatment facility." Moving through that definition, care units shall contain 15 or more persons under care, plus resident supervisors. It also says right here that a care unit shall permit all of the list of uses as permitted by group care facilities Category 1 and 2, and here it listed substance abuse. If we look at a group housing unit definition, these are housing structures designed to meet specific needs of certain segments of the population and refers to the following types of structures: Family care facilities; group care facilities, Category 1 and 2; and care units. So we fall also under the definition of group housing. A group housing unit is defined as rooms, or rooms connect together constituting a separate independent housekeeping establishment which may be in the same structure with or without complete kitchen facilities, and then it lists the types of group housing units which, again, care units fall under that definition. So then you go into these group care facilities, Categories 1 and 2. And again, if we go back up to the definition of a care unit, I'll just repeat, it says, "Shall permit all of the list of uses as permitted by group care facilities, Category 1 and 2." And if you look at the list of uses permitted under group care facilities, Category 1 and 2, you see that one of those uses is a residence for persons recovering from alcohol or drug use. It's recorded slightly different in B but same intent. So as we've said, a care unit is a conditional use in both "E" Estates, generally, which is an agricultural zoning district by definition, and in the RSF zoning district. Now, this is really important, a group housing unit such as Hope Home II constitutes single dwelling unit. I saw some correspondence that related it to 26 units and even higher. This is a single dwelling unit. It's defined as a single residential dwelling unit. Yes, it's big and, yes, there are more bedrooms than you may typically see in a single family residence, but it is a single dwelling unit, not multiple dwelling units. By the way, when we looked at the traffic, we did the most conservative assessment looking at how many trips could be generated based on the number of residents and not just as a single-family dwelling unit. I think this is also a little bit important when we talk about compatibility and we talk about what the neighborhood contains. This is the zoning map from -- of Golden Gate Parkway from I-75 down to Santa Barbara Boulevard. I-75 here; Santa Barbara here. Highlighted in yellow are existing conditional uses. Provisional use was -- you see a PU. That was the name of a conditional use probably 25, 30 years ago. Since then it's been called a conditional. Page 27 of 75 Page 31 of 499 February 6, 2025 And you have a number of different types of -- and then you do have some nonresidential uses that aren't conditional uses. For example, the CFPUD that is the David Lawrence Center. You have a bridge center. You have -- I'm very familiar with it. I live just around the corner. You have the Colonnade PUD right here. It is undeveloped, but it is a commercial PUD. There are at least three churches. There's a private school right here -- or excuse me -- right here, and there's another private school along the Parkway. There's a childcare facility; I think it's called Kid Care. And then there's the Knights of Columbus facility. The point is, there are quite a few approved conditional uses along Golden Gate between I-75 and Santa Barbara. And all of those have been deemed to be compatible and consistent with Policy 5.6, which is the policy that basically says that a use has to be compatible with the surrounding uses. I saw a correspondence addressing that as well. So I'm not suggesting that these locations infer that this use is compatible. I'm suggesting that there is an analysis that has to be conducted. These have been deemed to be compatible, or they could not have been approved, and it's our job, as Rich indicated, to show you why the use we're requesting is also compatible. So let's talk about that a little bit. Specifically, Policy 5.6 says, "New developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code." Compatibility is defined as a condition -- by the Land Development Code is defined as "a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." And I think Rich mentioned that a conditional use is a use that, due to special circumstances, is not permissible in all -- in a zoning district but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. So we already talked about the commitments. We already talked about the operational -- the design standards and the operational commitments implemented to achieve compatibility, but I'll just repeat them briefly. Originally, we had a two-story structure planned. Based on comments from the neighborhood, we've reduced that to a limit to a single -story, 30 feet in height, which is the same height that's allowed in Golden Gate Estates. We have a minimum approximately 295-foot setback from the nearest residence. The parcel is fairly large at 4.47 acres. I'm not going to go over these. Scott already talked about these, but these operational commitments are in place to ensure that not only are the residents safe in achieving their goals and objectives, but the surrounding community as well. This shows you -- this is the Master Concept Plan. It shows the proposed building footprint. I point out that here is the access off of 62nd Street. This is the existing building. And again, the total of 26. This area to the east -- excuse me. I think that's to the north. MR. YOVANOVICH: It's to the east. MR. MULHERE: It's to the east, okay. Yeah. There is a 220-foot open space buffer. There's a preserve here, but you can see that there's native vegetation in here throughout. And this buffer is not even from the edge of the structure, so there's this additional area here that technically would meet the Page 28 of 75 Page 32 of 499 February 6, 2025 definition of a setback. But let's just use the 220 feet. No activities can occur in this area. So no accessory structures or anything like that, and that's the way that that PUD is written. This shows you the distances from the edge of the improvement area, this driveway, to nearby structures. That's 575 feet. The closest one is 450 feet. And again, you have a vegetated buffer here and, I didn't mention it, but obviously we've talked about a 10-foot wall as well. So there's significant design standards to minimize any impacts on our neighbors. And this just shows you the perimeter buffers: 15-foot Type B landscape buffer to the north, 15-foot Type B landscape buffer to the south. What's required to the east would be 15-foot, but what we have is a 220-foot retained native vegetation area there and a Type D buffer along the roadway. Of course, these -- these buffers would include, if it's approved the way it's written, a 10-foot wall within that buffer. Architectural design, I know you had some specific questions, Mr. Chairman, and maybe others do as well. We'll go to those questions. I just wanted to point out you can see that this is an attractively designed building, low profile. Yes, it's large, but it's also on a four -- almost a four -and -a -half -acre parcel, which you really won't even see because of all the vegetation. CHAIRMAN SCHMITT: We have several questions, but let me -- Bob, let's finish, and then we'll take a break, and then we'll go to the questions. MR. MULHERE: Yeah. I'm almost done. This is my last comment. And Norm is here, so if you have specific transportation questions. But I did want to point out that his analysis indicated 15 two-way p.m. peak hour net trips. And again, the access is off 62nd Street, so we're not going further into the neighborhood to access this. So in conclusion, this proposed Hope Home II is a care unit. It's got greater than 15 residents. It's presently an allowed conditional use in both the Estates and RSF zoning districts generally. Yes, it's restricted in Golden Gate Estates Master Plan, which is why we're doing the Comp Plan amendment and the PUD. It is a single-family dwelling unit, not multiple dwelling units. There are two -- there are two units on that four -and -a -half -acre property, the existing and the proposed. The operational commitments, coupled with the design standards, result in compatibility with the adjacent or nearby estates lots, and we do have a recommendation of approval of both -- of the small-scale GMPA and the PUD rezone from staff. So that concludes my presentation. CHAIRMAN SCHMITT: Just before we take a break, can you go back to the slide just to make sure everybody understands where the fence will be and the buffer. MR. MULHERE: So I'm assuming -- and somebody can correct me if I'm wrong. Pink, okay, good. So here, here, here, there. I don't think it's going up over the lake. CHAIRMAN SCHMITT: The fence will not be to the south, just a buffer? Because the lands to the south -- MR. MULHERE: No, there's a fence here, too. CHAIRMAN SCHMITT: There will be fence all the way around? MR. MULHERE: Well, that's the existing fence. CHAIRMAN SCHMITT: Okay. Page 29 of 75 Page 33 of 499 February 6, 2025 MR. MULHERE: Let's make sure. Where did the wall -- MR. YOVANOVICH: It's around the entire -- it's around the entire property, the fence -- the wall. CHAIRMAN SCHMITT: The wall. COMMISSIONER SPARRAZZA: Basically, at the lot line? MR. MULHERE: Within the buffer. MR. YOVANOVICH: Right. Typically, you put it inside because you plant both sides of the -- you plant both sides of the wall. COMMISSIONER SPARRAZZA: Right. Thank you. CHAIRMAN SCHMITT: We'll take a -- COMMISSIONER SHEA: My question will only -- and he'll be done. CHAIRMAN SCHMITT: Please, go ahead, then. Paul. COMMISSIONER SHEA: It's an easy question. I just wanted to understand the seven to 14 on the previous ones. MR. MULHERE: Sure. COMMISSIONER SHEA: Explain that a little bit. Now all of a sudden we're up to 26, and everything you showed us -- and I didn't read every word -- said "up to seven to 14." MR. YOVANOVICH: The difference is, if you look under the definition of a care unit, it requires that we be 15 or more. COMMISSIONER SHEA: Okay. MR. YOVANOVICH: So what it says is a care unit, you can have -- the number seven to 14 goes away because we're allowed Category 1 and Category 2 type uses. And the last thing I wanted to point out is if you look back at that slide -- whoops, wrong way. Yeah. No, I think we're going the right way. Sorry. As far as the setback of our nearest corner of the existing home, when you look at that number, that's 270. The corner of the home, right here, is 270 feet. Our neighbor has a required minimum setback of 75 feet. So the closest we're going to be is 345 feet from another structure, and we have not allowed our residents to utilize the 220 feet green space area. We can't put benches in there to, you know, further assure [sic] human noise or discussions from our neighbors. And then we're done with planning and everything else. I know you'll have more questions after the break. CHAIRMAN SCHMITT: We have several questions. But let's take a break. I'll go to 15 minutes; 10:50 we'll say. That's 16 minutes. (A brief recess was had from 10:34 a.m. to 10:50 a.m.) (Commissioner Schumacher has left the boardroom for the remainder of the meeting.) MR. BOSI: Chair, you have a live mic. CHAIRMAN SCHMITT: Thank you. Can we please all take our seats. And we were on questions. I believe we have commissioners who had questions. And I do want to note that Commissioner Schumacher had to depart, so note for the record that he has departed. But I still have the County Attorney showing. Do we want something to add? MS. ASHTON-CICKO: Yes, thank you. I just wanted to comment that as presented as a single-family residence, there's nothing in the PUD that limits it to that type of visual because the reference to the statute Page 30 of 75 Page 34 of 499 February 6, 2025 doesn't deal with the form of the residence and different levels. You could have apartment. You could have townhouse. So if you want it to have a certain appearance, then it needs to be limited in the PUD. MR. YOVANOVICH: We're fine with adding a condition that it be constructed to appear, because it is, a single-family residence. CHAIRMAN SCHMITT: Yeah. Well, as we typically -- for the county, we don't get into architectural standards, but we do -- can define that, as stated for the record, that this would be a single-family home and state it for the record that it would be approximately 15,000 square feet, as was stated by Mr. Yovanovich. MR. YOVANOVICH: That's under air, right? CHAIRMAN SCHMITT: And I think we can make -- we can add that as a condition of -- if we vote to approve, we can so identify. MR. YOVANOVICH: And that would be for the new home. CHAIRMAN SCHMITT: For the new home. MR. YOVANOVICH: Okay. Before we go into more questions, can I just address a few comments that were already made, because I think maybe -- CHAIRMAN SCHMITT: Yes. MR. YOVANOVICH: -- it will not -- there was a question about whether or not we were going to have to sprinkler the building in the first place, and the answer is yes. And then the next question was, and I think by the nod of the heads, septic and well were an issue for everybody. We will -- we will commit to connecting to central water and central sewer and retrofitting the existing home to central water and central sewer. CHAIRMAN SCHMITT: Well, I just need to clarify, then, from staff, is that within the -- MR. YOVANOVICH: It's available. We have an availability letter -- CHAIRMAN SCHMITT: Is it within the existing Collier County Water/Sewer District, or will the Board have to expand the Water/Sewer District to accommodate the hookup? MR. BOSI: The location is within the existing Water/Sewer District. CHAIRMAN SCHMITT: And the -- it's fairly close on 62nd Street, I understand. MR. YOVANOVICH: It's -- it's far enough away for it to be expensive. CHAIRMAN SCHMITT: Yeah. I understand. Well, I know -- MR. YOVANOVICH: Yes. CHAIRMAN SCHMITT: I mean, we're talking -- we're talking a force main here probably. We're talking possibly even a lift station, if not two. But that's not part of the zoning, but the criteria, as stated -- MR. YOVANOVICH: Understood. CHAIRMAN SCHMITT: -- and you've already stated that you will consent to agree to hook to the Water/Sewer District, which would also include the existing facility, if you're going to -- MR. YOVANOVICH: That was correct, yes. CHAIRMAN SCHMITT: Yes. MR. YOVANOVICH: Commissioner Petscher wanted that. That's okay. CHAIRMAN SCHMITT: So I think we covered the Water/Sewer District. MR. YOVANOVICH: That was -- so that -- I mean, we're done with our presentation. All of the experts are here to answer any questions you might have Page 31 of 75 Page 35 of 499 February 6, 2025 regarding our presentation. CHAIRMAN SCHMITT: Staff presentation? MR. BOSI: Mike Bosi, Planning and Zoning director. We have Nancy Gundlach and Parker Klopf who did the individual reviews for current planning and Comp Planning. I can just provide a summary. Staff is recommending approval of both the GMP and the PUD request. We originally had some concern about the size of the location. It originally came in with a 30 head count, and we had suggested it down to 26. We think that the way that -- the setbacks and the restrictions of the use of the property and the location of this parcel in relationship to the existing neighborhood, that the focus and the intensity of this project will be directed to the west and to the canal and to the I-75 off -ramp. And with that and with the restrictions, we really think that it will be on the outskirts of the individual neighborhood and not provide a negative detrimental effect, can be found to be compliant with the additional -- with the additional buffering and setback requirements. And we think that because it will be utilizing 62nd, and 62nd Street only has 10 total parcels that could be developed, the impact to the transportation system is clearly de minimis. For those reasons, we are supporting it. And one of the other aspects that I checked when I was speaking to Commissioner McLeod, there is a bus stop at the -- at Golden Gate Parkway and 62nd Street. So access to public transit is something that is extremely important within these recovery residences because of, as you've said, the population, not the entire population, will have cars. Some will be having to utilize public transit, and public transit is, you know, a thousand mile -- or a thousand feet to the north at Golden Gate Parkway and just a little bit to the -- a little bit to the east at the location of 60th. COMMISSIONER SHEA: Where's the bus stop? Is it right at -- I go up 62nd Street -- COMMISSIONER COLUCCI: Here. COMMISSIONER SHEA: Well, are you sure? MR. BOSI: Right about here. COMMISSIONER SHEA: That's what I'm talking about. So -- COMMISSIONER SPARRAZZA: It's a couple thousand feet. COMMISSIONER SHEA: So they've got to -- if they were walking, they would walk up 62nd Street north. They'd go right on 62nd Street. Is there a way to take that foot traffic out to the sidewalk so they don't have to walk down 62nd Street? MR. BOSL• What I wanted to show you here on this, this is from the CAT system. That location right there is the bus stop. And I would go back to their PowerPoint. And their PowerPoint, you can see --you can see 62nd Street here. There's a 10- to 15-foot buffer between 62nd Street and Golden Gate Parkway. Where the sidewalk is, they can just walk over the grass to access the sidewalk. COMMISSIONER SHEA: Okay. MR. YOVANOVICH: Can I jump in on that question also? We will have to get permission from DOT because we're -- we're in the I-75. They have limitations of what you can do. We can commit to a connection assuming we can get the permit from DOT; otherwise, I'm sure what people will do, as Mike suggested, they'll just walk across the Page 32 of 75 Page 36 of 499 February 6, 2025 grass. COMMISSIONER SHEA: They'll make one shortly. MR. YOVANOVICH: Yeah. COMMISSIONER SHEA: It would be good to guide them that way so they -- MR. YOVANOVICH: If we -- but it needs to be subject to our being able to get the permits from the appropriate permitting agencies. CHAIRMAN SCHMITT: Mike, I have one question in regards to -- if this was not a drug rehabilitation facility, if it was, let's say, a fraternal organization or a college dorm of some sort that they wanted to -- you know, a fraternity house or whatever, what would that require to have 26 people? Would that just be a conditional use? MR. BOSI: I believe it would be a conditional use as the -- as a care -- as a care facility. CHAIRMAN SCHMITT: Well, it wouldn't be a care facility. I'm talking about a living quarters or living house -- a fraternity house for college kids. Could I build it on the site? I'm thinking of the same type of building, the same -- everything, but not a drug rehabilitation center. I would believe that it would be far more of an impact on the neighboring property if it were kids going to FGCU and all wanted to share living expenses in the 15,000-square-foot house. MR. BOSI: And I guess let me couch the response -- CHAIRMAN SCHMITT: Yeah. MR. BOSI: -- in the sense that dorm rooms -- CHAIRMAN SCHMITT: Yeah. MR. BOSI: -- are not a use that I'm very familiar with within our LDC in terms of how we treat those. I know -- CHAIRMAN SCHMITT: But that would be a group living facility rather than a care facility, I believe. I'm just trying to --I'm just trying to understand, because I think the opposition's going to be more so with the residents than with -- and so that's why I'm -- I want to hear. MR. YOVANOVICH: I think, Commissioner Schmitt, we would still need to go through the same process we're going through today. CHAIRMAN SCHMITT: I thought so. Okay. MR. YOVANOVICH: I don't think I could do that as a matter of right. I could have a really big family and live in the house. I mean, there's nothing that says I can't build a big house, have my kids, my wife's kids, you know, all come and live in, you know, the Yovanovich family compound with each of them having their own car and enjoying just a one big family living arrangement. MR. BOSI: And what I needed to do was just look at Estates zoning district conditional use, and I would agree that the same process would be required, because a conditional use, we do have a conditional use for social or fraternal organization, and a dorm would fit within that umbrella. So that's -- so this process would be required if it was, like I said, a dormitory. CHAIRMAN SCHMITT: All right. Commissioners, do we see any need to hear from staff, Collier County Water/Sewer District? (No response.) CHAIRMAN SCHMITT: We're good with that, so no other questions. Okay. With that, staff presentation complete? Thank you. Page 33 of 75 Page 37 of 499 February 6, 2025 MR. BOSI: Unless there's any further questions. CHAIRMAN SCHMITT: I have none. Then we'll go to registered speakers. How many registered speakers do we have? MR. SUMMERS: Yes, sir. We have five individual speakers. We also have two speakers that have been ceded time by -- one individual that's been ceded time by three others and one individual that's been ceded time by 10 individuals. CHAIRMAN SCHMITT: By 10, all right. We're going to call the public speakers. I would ask -- Mr. Yovanovich, are you up and -- MR. YOVANOVICH: You're going to make sure that those 10 people -- CHAIRMAN SCHMITT: Yes. MR. YOVANOVICH: -- those others are actually in the room to cede their time? CHAIRMAN SCHMITT: Yes. I will ask them to raise their hand at the appropriate time. And considering that we have five, two that have already -- are going to cede time and another 10 that are going to cede to one individual, that's -- I'm going to try and hold to three minutes per public speaker. If we need to go more, we'll consider at that time and go further. But I would ask each of the public speakers to begin to position themselves, as we announce the names, to be prepared to go to each podium so that we can certainly keep the proceedings going without having to wait for the speakers to come up to the podium or the lectern. With that, the first public speaker, please. MR. SUMMERS: Yes. We will start with Laurie Van Zant, and then the next speaker will be Mia Sceusa. CHAIRMAN SCHMITT: And these are the individual speakers? MR. SUMMERS: Correct. CHAIRMAN SCHMITT: So we will ensure that when they speak, if we don't -- we don't get them -- to count them again. I mean, I'm trying to be fair. So, go ahead, please. MS. VAN ZANT: My name is Laurie Van Zant, and I live on a property that abuts the property in question. COMMISSIONER SHEA: Which side? The east? MS. VAN ZANT: It's directly behind me. COMMISSIONER SHEA: The north? Pardon me? MS. VAN ZANT: It abuts my backyard. COMMISSIONER SHEA: But are you on the east? MS. VAN ZANT: I'm on 60th Street. COMMISSIONER SPARRAZZA: It's only on the east. COMMISSIONER SHEA: Hmm? COMMISSIONER SPARRAZZA: It's only east. COMMISSIONER SHEA: Yeah. Well, I'm wondering if she's the north resident. MS. VAN ZANT: No. I have to question when they continuously say that this is a family residence how you individually would feel -- if the home next to you had 26 rotating men with serious mental health, addiction, and criminal histories inside would feel. The mental health of the residents of this community are every bit as important as Page 34 of 75 Page 38 of 499 February 6, 2025 what David Lawrence Center does. Their mental health facility is on the opposite side of the highway, and they're wanting to put this facility -- it's not a home. It's a facility that is unstaffed. Yes, it has senior residents, but it's unstaffed. And they're wanting to put that in our residential neighborhood. Consider if you had children or grandchildren or parents or sons or daughters who had to live next door to that. Think that one through. I am not without empathy, but also consider this: Is it right to put 26 people together in one house that have these serious concerns? Is it good for them? If you had a son or a daughter with serious concerns, would you want them living 24 hours a day in a residence like this? Mr. Burgess, would you like to live next door to 26 rotating men, perhaps 50 throughout the year, with serious health concerns like this mental health, criminal backgrounds, serious addictions? CHAIRMAN SCHMITT: All right. Please address your comments to the members up here. Mr. Burgess is not on trial here, and -- MS. VAN ZANT: Neither am I. CHAIRMAN SCHMITT: -- he is not required to answer any questions. That could have been done during the neighborhood information meeting. We're the ones up here who are going to make a decision. Can you wrap up your comments, please. MS. VAN ZANT: Yes. I was an EMT-B volunteer in the state of Iowa, and at one point we had a statewide meeting, because at that time something new was happening in the state of Iowa that had never been reported before, and they had -- they had meth labs that had just started popping up throughout the county -- or throughout the state. These in -home meth labs they traced back to the very first time that it ever happened. And it was a group of people in a group situation at a recovery center that had met together, and that's how it was -- one individual from out of state came in, and they sat down and talked about it and told other people how to cook meth in their home. And they went back to their own individual places, and it spiraled out of control. Not every time that people meet in group situations something good occurs. Mental health and addiction, these are things that can be lifelong, not just people in recovery somehow recovering. Look at Matthew Perry. His addictions were ongoing, continual problem. I know somebody else -- CHAIRMAN SCHMITT: Okay. I understand. MS. VAN ZANT: My last comment is I know -- CHAIRMAN SCHMITT: Wrap it up, please. MS. VAN ZANT: I know one other person that went into a recovery center, met somebody, and the two, after they left, also ended up burning down a home cooking meth in their home. I'm not saying meth anymore. I'm just saying any kind of addiction problem doesn't disappear when you're suddenly in a home with other people like that. Please consider what I've had to say. CHAIRMAN SCHMITT: Thank you. MS. VAN ZANT: Thank you. CHAIRMAN SCHMITT: Next speaker, please. And you can name the following speaker so we have them both ready to speak. Page 35 of 75 Page 39 of 499 February 6, 2025 MR. SUMMERS: Next is Mia Sceusa, and then we have Chris Vernon. He can take the next podium. CHAIRMAN SCHMITT: And while she's coming up -- and I would ask either Scott or Rich, based on the comments, I would prefer -- would like for you at rebuttal to discuss some of those -- how you deal with some of those concerns. Thank you. MR. BURGESS: Okay. CHAIRMAN SCHMITT: Please. MS. SCEUSA: I'm regretting having this on my phone. I wish I had it on paper printed a little bit bigger, so bear with me while I -- CHAIRMAN SCHMITT: You're fine. MS. SCEUSA: Ladies and gentlemen of the Planning Commission, thank you so much for your time today and for the opportunity to speak. My name is Mia Sceusa. As you can see, I'm a fairly young woman with a family who's chosen to make 60th Street my home. I love living there because it feels like a safe place, a place where I can go for walks outside without fear and where my family with thrive. If this proposed Hope Home moves forward, the sense of security will be taken from me and from countless others who call this neighborhood home. I understand that rehabilitation is important, but the reality is that no one, including the David Lawrence Center, can guarantee zero risk to our community. They cannot promise that the residents won't relapse, they cannot promise that residents with violent histories won't end up in our neighborhoods, and they cannot promise that we won't see an increase in crime, drug use, or disturbances that make it unsafe for families like mine. Studies have shown that halfway houses often bring increased crime to their surrounding neighborhoods. A study examining the impact of community -based correctional facilities found significant increases in reported crimes, including assaults, robberies including firearms, and burglaries in areas surrounding these establishments. Notably, closure of halfway houses -- your terms, not mine -- reported a subsequent decrease in reporting crimes suggesting a direct link between such facilities and elevated crime levels in their vicinity. Furthermore, relapse rates among individuals residing in halfway houses remains concerning. Studies have shown that approximately 55 percent of sober living house residences reported substance use within six months of entry. This statistic underscores the challenges these facilities face in maintaining a drug -free environment, potentially leading to safety risks for the surrounding community. And as we heard earlier, there would only be random screening once a week at random to 27 men. So then if you take the math of 55 percent, 27 men once a week, there's a risk here. Earlier we heard the Sheriffs Office claim that the calls to their current facility were for medical -related issues, and I would pose the question, how many of those were drug -related relapses? What happens when those relapses occur outside of the facility, in our parks, in front of our homes, or on the same sidewalks where I currently as a -- as a lone female walk my dog? It's not about lacking compassion for those in recovery. It's about the safety of the law-abiding families who already live here, families like mine. We should not have to sacrifice our security and peace of mind for a facility that Page 36 of 75 Page 40 of 499 February 6, 2025 practically admits that they cannot ensure zero risk to our community by these proposed changes. And let me be very clear, if you approve this change despite our warnings that are now on the record, despite data, and despite the concerns of the people who actually live here and something terrible does happen in our neighborhood, that will be on your hands. There will be no excuses and no way to justify it, and we will not forget it. I urge you to make the right choice and protect the families who are already here and call Golden Gate home. Thank you again for your time and for -- CHAIRMAN SCHMITT: Thank you for your comments. Paul. COMMISSIONER SHEA: So they've been there a while. Have you experienced any issues in the last four or five years? That's how long the existing home's been there. So I'm wondering what the neighborhood experiences. I mean, that's a little bit of a pilot plant. MS. SCEUSA: Yeah, it is. Well, I mean, it's six people compared to 27 people. And yes, as I -- I walk bravely. I have a husky, and I fear nobody. So I will walk down that area, and I've actually had neighbors who are kind of walking behind me like and then they, like, look out for me. I mean, I'm from Philadelphia. It doesn't scare me as much as it will scare the other young families on the block. I mean, I've seen some questionable behavior. I'm not sure if I can point it at that facility. I don't think that that would be fair to say. But, you know, around that area I saw somebody pull down their pants and defecate, so I don't know if that counts. COMMISSIONER SHEA: Yeah. MS. SCEUSA: Which I have a photo, if you are curious. COMMISSIONER SHEA: Pardon me? COMMISSIONER SPARRAZZA: I just wanted to make a general statement to the audience. Just as a reminder, we are an advisory committee to the Board of County Commissioners. As I was chatting with two young ladies out in the hallway, you've kind of been through this before with what took place with the David Lawrence Center before, but please keep in mind, while we give our best opinions and our suggestion to the Board of County Commissioners, they are the ones that make the final decision. We are here to hear and listen to all of your comments, but please keep that in mind, as we are advisory only. MS. SCEUSA: Are you passing the buck? COMMISSIONER SPARRAZZA: No, ma'am. I'm stating that as we have seen, we make a recommendation to BCC. They may go along with it, and they can go in the other direction. But we have done our homework. This packet is over 800 pages long that we have read, not every page but a good portion of them that we have that done on our time to help come up with a conclusion as we hear the rest of the information, and then we, quote, advise BCC, but they make the final decision. I just wanted everybody -- to make sure they understood those points of what happens as the information flows. MS. SCEUSA: Yes, we're aware. I think it's the March 20-something date. COMMISSIONER SPARRAZZA: Making sure. MS. SCEUSA: But yes, we are aware, thank you. CHAIRMAN SCHMITT: Thank you. Page 37 of 75 Page 41 of 499 February 6, 2025 Next speaker, please. Mr. Vernon. And next speaker following Chris? MR. SUMMERS: The next will be Dean Sams. MR. VERNON: Thank you, Mr. Chairman. For the record, Chris Vernon. My background, I've been in town for probably 30-years-plus. I've been involved in a number of things. Most recently, I am currently on the David Lawrence Center board. I'm speaking individually but I wanted to disclose that. I'm very much in favor of this project. I'm very much in favor of the community not passing the buck and dealing with these mental health issues, so that is super important. Also, as I think everybody now knows, because the few of you I didn't know, I just rolled off the Planning Commission, so I sat for four years where Charles is sitting right now. What I tried to do, because there was 800 pages to every one of our agendas, and because I'm a trial lawyer, I took the position -- and I have a full-time job -- that I was not able to always read through everything. I was not always -- I didn't -- I had a practice of not meeting with the applicants, but I focused really hard on what came out during the hearing just as though it's a trial. You know, what's the credible evidence we see here? And I saw two themes, and I think everybody saw it. The first theme, I think most people knew -- Randy has said it. I think there's been comments around the room that David Lawrence Center's a fabulously run organization. The David Lawrence Center is critical to the mental health of this community. This is a fantastic idea. You know, I think Randy commented on that. This is a great idea, these homes. I mean, it's helping mental health in our community. So that was the number one theme I saw. Good team, good project, good idea. The second theme, and focusing on what is the most credible evidence, when you saw a lieutenant -- the lieutenant from the sheriffs department not come up and advocate but answer questions --Chuck said, "The elephant in the room." Let's talk about the incidents. And it showed what had the Sheriff -- when he -- when the lieutenant answered those questions, what it showed was that there's no evidence of a problem here. In fact, Paul took it one step further and said, "Well, let's talk about the few that were there and drill down on that," and you got the answer. And the answer shows, the evidence shows that the current home there is not a problem. So I think those are the two big themes that come out here. So I would urge you to vote in favor of this project. And I really appreciate your time and, because I sat up there for four years, I really appreciate your unpaid service to this community. Thank you. CHAIRMAN SCHMITT: Thank you, Chris. Next speaker, please, and then following this speaker, that would be -- MR. SUMMERS: Following this speaker, we believe we have Martha Rojas, if she wanted to speak individually or if she was ceding her time, we were unsure of that. CHAIRMAN SCHMITT: All right. We'll deal with that speaker, please. Go ahead. Your name, please? MR. SARNS: I'm Dean Sams. I live at 3211 58th Street Southwest. I'm against it, and this morning I talked to a neighbor walking her dog. Her name -- last name was Lindy, and she said she was against it, but she went to the dentist because -- she couldn't come here. Page 38 of 75 Page 42 of 499 February 6, 2025 And most of the Estates in this specific area are owned by business owners. And as a business owner, I was too busy to oppose the CFPUD of the David Lawrence when that happened, and David Lawrence said, "Oh, you didn't oppose it back when." And other busy owners are scared to speak up about projects in the area because of problems with their business that might happen in permitting if you're building, things like that. And somewhere I read in the Florida Statutes, but I just couldn't find it, there's supposed to be, like, a two-mile separation of these group homes, and I just couldn't find it. And the Estates are an arbitrary zoning mess. Like, one of my lot lines, my neighbor can build within seven and a half feet. In fact, he was eight feet from the line, and I have to stay 30 feet from the line because he has a nonconforming lot. I have a conforming lot. So somehow when you have a nonconforming lot you benefit. It just seems arbitrary. We don't need to add more arbitrary cutouts. And also, we're only allowed to clear one acre, but obviously, this facility has to have more than one acre cleared. I mean, you clear more than one acre, you get a call from Code Enforcement, and it's a big mess. And there is a doctor on the next -- on 60th Street who got nailed, and they had him planting all kinds of stuff. But he had llamas and all kinds of nice farm animals. And it just -- we need conformity in the zoning, you know. CHAIRMAN SCHMITT: Dean, I don't argue with what you're saying. As far as Estates, the Estates, as you heard, is clearly -- it goes back, what, 40 years. It has essentially an ag zoning. MR. SARNS: Oh, yeah. CHAIRMAN SCHMITT: Estates lots. And we can get into great detail about that. But you brought up a lot of issues that have been play -- plagued [sic] with the Estates for years, but a lot of people enjoy living there, so... MR. SARNS: Well, yes, but if you're going to remove the one -acre restriction for this facility, remove it for the rest of us. CHAIRMAN SCHMITT: All right. Well, you could -- I would suggest if that's the move you want to make, that the Estates -- and as part of the Golden Gate Estates -- or civic association, that you present those petitions to the county staff so they can look at how the Estates want to rule themselves in the future. But that's way beyond the scope of this rezoning. But I appreciate your comments. Next speaker. Is this a speaker that has ceded -- three people have ceded to or -- MR. SUMMERS: Mr. Chair, we believe this person to be an individual speaker. Martha Rojas? (No response.) CHAIRMAN SCHMITT: Martha? MR. SUMMERS: Or was it Maria? (No response.) CHAIRMAN SCHMITT: I don't see that person. Next speaker, please. MR. SUMMERS: All right. So now we're going to deal with Luis Sema who has been ceded time by two other individuals. CHAIRMAN SCHMITT: Can I please -- the two other individuals raise their hand who ceded time. MR. SUMMERS: Cheryl and Kelly Turner. Page 39 of 75 Page 43 of 499 February 6, 2025 (Cheryl Zickler and Kelly Turner raised their hands.) CHAIRMAN SCHMITT: Okay. MR. SERNA: Good afternoon, planning commissioners. I'm Luis Serna of Calvin, Giordano & Associates, 311 Park Place Boulevard in Clearwater. I'm a land planner with over 35 years of experience, and I am certified through the American Institute of Certified Planners. I've also served as a county planning director, so I'm well aware of the requirements for conditional uses, well aware of the requirements for rezonings and PUDs. I was asked by a nearby residence to review this application for compliance with the county's Land Development Code. There are very specific criteria in your code that this board has to consider and that the staff has to consider, and so I've done that. And I've prepared an analysis that is in your package. I know it's 800 pages, but I hope you've had time to look at that. I will just hit the highlights of it. One important note I want you to be aware of is that I was not asked to look at the merits of the facility or the type of work that they do. That would not be appropriate, in my opinion, for a land -use analysis, but at the same time I don't think it's appropriate for you to look at the merits and say, yes, it's -- they do good work; therefore, it should be allowed at this location. The applicants have correctly stated that you can request a conditional use anywhere in the county, and they've also correctly stated that it doesn't mean that they're allowed everywhere in the county, and so that is the consideration that I took when I reviewed this. I'd also note that one of their own exhibits showed the conditional uses in the area. All of those were located along Golden Gate Parkway or fronted on Santa Barbara. So there is a huge difference between what's being proposed at this location, which backs directly up to a single-family large -lot residential neighborhood and these other uses. And again, there's also a difference between a family care facility, which is supposed to be incorporated into a neighborhood, act like a single-family home, and limited to six units, to a total of 26 units. So we're looking at 26 units on 4.47 acres. If you do the math, that's a density of 5.82 units per acre. The area adjacent to this where most of the complaints I imagine are coming from is a neighborhood of one -- they're restricted to one dwelling unit per 2.25 acres. So there's a great increase, great difference in density by this proposed facility. A lot of the lot sizes in the Golden Gate's neighborhood are much larger as well, so there is the issue of compatibility, and I think that's really -- when you go through the criteria in the code and the criteria in my report and my findings, it really does come down to an issue of, primarily, compatibility. So yeah, just to -- I won't read the entire report, because you do have it, but as I indicated, 5.82 units per acre is what's being proposed. The lot sizes adjacent to this, which I don't think the county really did much consideration of. I think there was consideration of the uses along the road that it's fronting on 62nd Street, but it does back directly up to a neighborhood, a well -established neighborhood of lots of 1.59 acres and 6.04 acres in size. So I think when you're talking compatibility, I think the neighbors have a legitimate concern, and I would have a legitimate concern that this facility is not compatible at this Page 40 of 75 Page 44 of 499 February 6, 2025 location. There are other locations in the county where something like this could be appropriate. But again, this is -- this use does not front on a major road, and it does back up to single-family residences. So I would be very concerned about the impacts of a stable -- on a stable single-family residential neighborhood. These will be transient accommodations. And by "transient," I don't mean to disparage anyone. But they're not going to be residents who live there, grow up there, raise families there. They're going to be in and out. They're going to be different residents, you know, monthly. And, you know, that does have a destabilizing effect on a neighborhood that is single-family residents where people know each other, where people have raised kids together. So I think there is that compatibility issue. Section -- I'd like to cite Section 10.02.13.B.5.b, which is one of the criterias that you need to consider. It's adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments or for amendments to those proposed, particularly as they relate to arrangement or provisions to be made for the continued operation and maintenance of such areas. Basically what that is saying is that that needs to be considered. And one thing I've heard time and time again from speaking with the neighborhood is they said that, well, this facility has made commitments to serve certain type of residents. They have limitations on length of stay, number of visitors, screening -- and screening, but who is going to enforce that? Who does a neighbor call when they do not -- when they have a feeling that none of that is being enforced? Is it a Code Enforcement issue? So that -- you know, that's a very real concern of the neighbors. I'd also like to point out from your criteria, conformity of the PUD with goals, objectives, and policies of the Future Land Use Element of the Growth Management Plan. This Policy 5.6 of the Future Land Use Element states that new development shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. I think there was -- I would have a hard time making an argument that this facility of 26 units adjacent to a residential subdivision is compatible or complementary. So again, that's from the county's own criteria. I'd like to note also I think we stated in the report that the density of 5.82 units per acre, the 26 residents, that's a 1,223 percent increase on this site. So that's quite an increase, and it's quite a difference than the family care residents of six units on the property. And then, of course, there is the rezoning criteria. Again, it's all about language about compatibility. The proposed rezoning would increase the allowable density on this site from one dwelling unit to -- per 2.25 acres to 5.82 units per acre. Again, compatibility. And again, as the applicants have acknowledged, and I think county staff would knowledge, care units are -- they do have their place, and they're -- they do have their place in the county, and these -- facilities such as these have their place if you take what they say on face value. I think the question that you have to look at is, does it meet the criteria of your Land Development Code? You have a lot of neighbors who are concerned, and I think that very much demonstrates the issue -- the important criteria of compatibility that your own Land Development Code requires that you consider. We're just -- I think the conclusion is this: That this use would be better suited in Page 41 of 75 Page 45 of 499 February 6, 2025 an area of higher density residential and other similar nonresidential uses and institutional uses with access to a collector or an arterial roadway. And I think based on the exhibit provided by the applicant, those are where those -- these type of uses tend to end up. We don't want this going here just because the land is available, because it does not meet the criteria. And with that, I'll just conclude and ask you if you have any questions. Hopefully you've had a chance to review my analysis. But again, it's not my criteria. It's the criteria in your Land Development Code that I looked at. CHAIRMAN SCHMITT: Yeah. I have several questions, because I read your document. But, Randy, you have a question. Go ahead. COMMISSIONER SPARRAZZA: Yes, please. Quick for Mr. Mike Bosi. If on the adjacent properties, when they went for permitting, if they wanted to build a 15-, 16,000-square-foot home, would there have been any limitations if it fit within the setback restrictions? MR. BOSI: Any -- Mike Bosi, Planning and Zoning director. Any development that would go within the individual neighborhood would have to meet the setback standards of the Estates zoning district, 75 foot in the front, 75 foot in the back, 30 feet on the side, and also there is a restriction in terms of the amount that you can clear. But you can fit a 15,000-square-foot home within that one acre. COMMISSIONER SPARRAZZA: So that would be equivalent to what is proposed to go on this site? It's not, quote, "units" -- and with no disrespect. It's not individual buildings. It is a building -- a home, a building, similar, with a whole bunch of bedrooms in it, and bathrooms, versus a home with reduced number of bedrooms and bathrooms. There's no restriction on that, correct? MR. BOSI: Correct. It's considered a care unit. And the way that the current facility, The Hope Home facility, sits is it's not classified as six individual units within one structure. COMMISSIONER SPARRAZZA: Correct. MR. BOSI: It's one structure with six unrelated folks that live there, yes. COMMISSIONER SPARRAZZA: Very good. MR. BOSI: And this is proposing utilization of that six -- the existing single-family home, adding an additional facility that's going to add an additional 20 individual people. So it's not 26 individual -- individual units, but it's 26 individuals living in one care facility. COMMISSIONER SPARRAZZA: Correct. That's -- I just wanted to make that clear. Great, thank you. CHAIRMAN SCHMITT: Paul. COMMISSIONER SHEA: That was kind of my same question. I'll ask it a little differently. A speaker used the analogy to me as if every person was a dwelling unit as opposed to -- so how do you deal with a density? He tried to relate it to a density. If you're allowed one home per five acres, now you've got five because he's counting each of the residents as a home, a dwelling unit. How do you deal with density within the Growth Management Plan? You just take this off the table and put it into a different category? MR. BOSL• It is a different category. As we said -- COMMISSIONER SHEA: Yeah. Page 42 of 75 Page 46 of 499 February 6, 2025 MR. BOSI: -- it's a group care facility. And the current facility is one unit. It's one dwelling unit. It houses six individual unrelated people. CHAIRMAN SCHMITT: Well, I'm going to follow up on the same question. You made a statement on the record, "This is equivalent to 5.82 units per acre." How did you come to that conclusion, or what is your premise that this is 5.82 units an acre? MR. SERNA: Yeah. And we're talking -- we are talking residents; 26 units on 4.47 acres. CHAIRMAN SCHMITT: I'm not talking residents. I'm talking units. MR. SERNA: Yeah. And that was our understanding. CHAIRMAN SCHMIT: So you equated residents to units? MR. SERNA: Yes, we did. And again, it's -- CHAIRMAN SCHMITT: And you're a professional planner. And have you done this in the past? MR. SERNA: Yes, I have. CHAIRMAN SCHMITT: In your county, you looked at number of persons staying in a home, and you equated that to units per acre? MR. SERNA: Well -- and as the attorney indicated, there was no commitment that this would be 26 residents and not units in the PUD plans that I saw. Whether or not that makes a difference -- I think the huge difference is this is a treatment facility. CHAIRMAN SCHMITT: Well, I'm going to, again, dispute this, because you're a professional planner, and somehow you equated persons to units. And you're still sticking with that premise? MR. SERNA: Yes. I mean -- CHAIRMAN SCHMITT: Okay. MR. SERNA: -- if they were here asking for a 26-bedroom single-family home, we wouldn't be here. But the difference is this is a treatment facility. CHAIRMAN SCHMITT: Well, it's a treatment -- you used the term in your document --and again, I'm just trying to clarify -- "institutional group care facility." Is this, in your terms, an institutional care facility, or is it a group facility, group home? MR. SERNA: By the -- by the county's definitions, it's a group care facility. CHAIRMAN SCHMITT: But you use the term "institutional group facility." You're saying that this is an institutional facility? MR. SERNA: It is a -- yeah, I would classify it as institutional -- CHAIRMAN SCHMITT: And then you stated that -- MR. SERNA: By the definitions, it's a group care facility. CHAIRMAN SCHMITT: And then you stated that the transient nature of this use will have a negative destabilizing impact on the surrounding low -density single-family neighborhood. It's a single-family neighborhood Estates zoning. MR. SERNA: Correct. CHAIRMAN SCHMITT: So it's Estates zoning. Base zoning is ag, Estates zoning, but it is in -- a single family. So your premise again is based -- destabilizing based on what? How did you make that determination that it was destabilizing? MR. SERNA: Well, it's an established single-family neighborhood, very large lots. And introducing this type of use, you know, frankly, adjacent to the neighborhood is -- yeah, would, in my opinion, be destabilizing. Page 43 of 75 Page 47 of 499 February 6, 2025 CHAIRMAN SCHMITT: Well, in your professional opinion you stated that it's destabilizing based on what criteria? MR. SERNA: Well, based on the huge increases in number of residents. CHAIRMAN SCHMITT: Not on impact, not on sheriffs calls or anything else? You're just saying that the size of the unit, the number of residents is destabilizing? MR. SERNA: Yes, exactly. CHAIRMAN SCHMITT: Okay. MR. SERNA: I did not look at sheriff s calls or anything like that, but it's just the number of residents at that location. CHAIRMAN SCHMITT: And you also stated --again, I'm just trying to clarify this. MR. SERNA: Sure. CHAIRMAN SCHMITT: The proposed facility is not compatible with the rural character of the area, which is predominately low -density single-family residential. Then you stated this would be far better in a high -density environment. I don't understand. You're saying this type of care facility would be better in a high -density area, say an apartment complex or some other high -density, let's say along 951 or some other area of the county where we have 20 -- 15 or 20 units per acre? Your intent is -- your belief -- professional opinion that this would be better suited in that type of environment than where they're proposing right now? MR. SERNA: Correct. You know, just like the other conditional uses that have been approved in those areas, they're all along major arterials or collector roadways. That is where the impacts to those facilities are minimized. But when you put it -- for example, if you try to put this in the middle of the neighborhood, I don't see how you could argue that it wouldn't have destabilizing impacts. I think the proximity of the rear of this site to several lots directly abutting and, you know, within the same neighborhood would be destabilizing and incompatible. CHAIRMAN SCHMITT: Well, considering you're here in your professional capacity -- and I'm going to allow -- I want -- I want to give the petitioner the time to qualify and have you state for the record. MR. SERNA: Sure. CHAIRMAN SCHMITT: Because again, I'm not -- you're not here as a -- you were hired as a professional reviewer. And I would ask if the petitioner has any comments. But also, you basically said the proposed amendment will permit the development of a site that is clearly out of character with the Estates neighborhood. Now, you heard the petition when they stated it was certainly within the character of the Estates neighborhood, but your professional opinion is it's not. Based on what criteria? Again, is it size? MR. SERNA: Yeah. Again, based on the size of the lots, quiet residential streets that abut this property. Yeah, it's not a stretch to say that it would be out of character. CHAIRMAN SCHMITT: Okay. I just want it for the record to clarify. But, Mr. Yovanovich -- and this is unusual, but the fact that he's here as a -- basically as a professional refuting the statements you made on the record, I would ask if you would like to rebut in any way. MR. YOVANOVICH: I'm going to ask questions. CHAIRMAN SCHMITT: Okay. Thank you. Page 44 of 75 Page 48 of 499 February 6, 2025 MR. YOVANOVICH: I'll do rebuttal later. But I just want to make sure I understand your qualifications. You're not a traffic expert, correct? MR. SERNA: No, no. MR. YOVANOVICH: You're not an expert in criminology? MR. SERNA: No, no, and I've made no statements on either of those. MR. YOVANOVICH: Well, you talked about the number of people and how this somehow was going to destabilize the neighborhood, correct? MR. SERNA: Correct. MR. YOVANOVICH: So it's purely 26 people on a five -- almost five -acre lot is somehow destabilizing? MR. SERNA: Correct. MR. YOVANOVICH: I just want to understand the basis of that. So you're not a traffic consultant? MR. SERNA: Correct. MR. YOVANOVICH: So you can't testify as to how little traffic will actually occur as a part of our proposed petition? MR. SERNA: I've read the numbers, 160-some trips, yes, and that does concern me on that quiet street. MR. YOVANOVICH: Fifteen peak -hour trips concerns you? MR. SERNA: It does, yes, on that street. MR. YOVANOVICH: And that was an analysis assuming that everybody had a car, correct? MR. SERNA: I don't know. That's -- I'm using your own analysis, so... MR. YOVANOVICH: I'm just trying to understand how you got troubled. So that analysis assumed everybody had a car, correct? MR. SERNA: I don't know. I don't know. MR. YOVANOVICH: Okay. Well, then I don't know how you came to the conclusion it was destabilizing. MR. SERNA: I'm just using the peak number that was cited. MR. YOVANOVICH: Peak hour, it was 15 trips assuming everybody had a car. I'm telling you. Are you still troubled with 15 people in a peak hour assuming everybody in that unit had a car? MR. SERNA: I am, I am, and I think that's up to this board and the Commission to decide. MR. YOVANOVICH: You're troubled but you have no expertise in why you're troubled? MR. SERNA: Yeah, exactly. I'm not citing that I have a definitive, you know, threshold answer, but yes, that does -- that does concern me. MR. YOVANOVICH: Okay. If I were to do a residence that had 16 units per acre next to a residence that has one unit per acre, are you still troubled? MR. SERNA: Sixteen units per acre? MR. YOVANOVICH: Yeah, towards -- next to a project that's one unit per acre. Are you still troubled? MR. SERNA: It just -- it depends on the site, it really does -- MR. YOVANOVICH: So it would depend on setbacks? Page 45 of 75 Page 49 of 499 February 6, 2025 MR. SERNA: The sites and uses. MR. YOVANOVICH: Would it depend on setbacks? MR. SERNA: Somewhat. But yeah. I mean -- (Simultaneous crosstalk.) MR. SERNA: -- it just depends on whether or not it's a homogenous neighborhood or -- there's a lot of factors to be considered, so... MR. YOVANOVICH: Are you -- is it your testimony that this piece of property is in a homogenous neighborhood? MR. SERNA: The neighborhood next to it is a homogenous single-family neighborhood, yeah. MR. YOVANOVICH: We would agree that there are single-family residences next to our lot. But I'm asking you, is this neighborhood a homogenous neighborhood? MR. SERNA: Yes. Well, I'd say -- I'm not saying the site itself, but it's next to a homogenous neighborhood. MR. YOVANOVICH: Okay. MR. SERNA: And stable. MR. YOVANOVICH: So you want to define the neighborhood as the immediate homes adjacent to this lot? MR. SERNA: Well, the immediate streets and blocks, yes, immediately to the east. MR. YOVANOVICH: What street are we coming in off of Golden Gate Parkway on? MR. SERNA: 62nd Street. MR. YOVANOVICH: Okay. And what street is next door? MR. SERNA: I believe it's 60th. MR. YOVANOVICH: Okay. So we agree that traffic that goes on 62nd and stays on 62nd is not driving through the residences on 60th? MR. SERNA: Well, yes, and I never made that -- I never made that statement. It's just a matter of the density differences. MR. YOVANOVICH: So 26 units -- five units per acre, using your math, next to another home on one per two and a quarter is roughly equal to 16 units per acre next to one unit per acre, if you do the math? I'm a lawyer. I'm not really great on math, but I think I'm pretty close. So you would agree with me that the compatibility would be determined based upon height of the structures, correct? MR. SERNA: That's a -- that's one factor, yes. MR. YOVANOVICH: You would agree with me that it would be based upon setbacks, correct? MR. SERNA: That's another factor, yes. MR. YOVANOVICH: You would agree with me it would be based upon buffers, correct? MR. SERNA: That's another factor, yes. MR. YOVANOVICH: Okay. Is it your testimony that a one-story residence adjacent to a two-story residence is incompatible? MR. SERNA: Well, my testimony is in regard to the treatment facility next to a single-family residence. MR. YOVANOVICH: I just want to talk about the structures right now. Page 46 of 75 Page 50 of 499 February 6, 2025 MR. SERNA: Yeah. MR. YOVANOVICH: So are they compatible, the heights compatible? MR. SERNA: Yes, I would say the structures themselves. MR. YOVANOVICH: And if I have a 220-foot green space with a 10-foot wall separating the one-story structure next to a two-story house, are they compatible? MR. SERNA: You know, that -- it's all a function of the use, and I think -- MR. YOVANOVICH: So let's focus a little bit on the use. You would agree that this use is an allowed use in the Estates zoning district, correct? MR. SERNA: It's not allowed by right. No, I do not agree with it. MR. YOVANOVICH: It's not an -- I didn't ask you if it was an allowed use by right. I asked you: Is it an allowed use in the Estates zoning district? MR. SERNA: It's allowed to -- you're allowed to request the use subject to the criteria in the code. MR. YOVANOVICH: If I were doing a conditional use -- did you analyze the conditional -use criteria? MR. SERNA: I did. They're very similar to the rezoning and PUD criteria. But this is not a conditional use, so I don't know if that's relevant. MR. YOVANOVICH: So you would agree with me that you have no expertise in traffic impacts to the site? MR. SERNA: I'm not a traffic expert. MR. YOVANOVICH: You would agree with me that at least the structures as to size are compatible with each other? MR. SERNA: That's a judgment call, but -- MR. YOVANOVICH: I'm asking you your judgment. MR. SERNA: Yeah. I've not -- MR. YOVANOVICH: Are the structures -- MR. SERNA: I've not made a determination on that, I should say. It's really just the use, the use in the neighborhood. MR. YOVANOVICH: And you would agree with me that you are not an expert in how to treat people who have alcohol and drug addictions, correct? MR. SERNA: No, no, and I've not made those statements. I don't think that's appropriate. MR. YOVANOVICH: And you would agree with me that appropriate operational characteristics of the facility can address every one of your concerns, correct? MR. SERNA: No, no, I don't agree. I think there's more -- there's some uses you just can't control for so... MR. YOVANOVICH: Okay. What uses can't I control for? MR. SERNA: Well, 26 residents for one. And, yeah, there's going to be -- they're not going to be permanent residents. So, again, that's all in my report. MR. YOVANOVICH: So a permanent resident is somehow -- a non -permanent resident is somehow a danger to a neighborhood? MR. SERNA: It's destabilizing. You don't know your neighbors, and those are all values that people value in single-family neighborhoods. MR. YOVANOVICH: They do. Do you live in a single-family home? MR. SERNA: I did. MR. YOVANOVICH: Did you interview your neighbors before they moved in? Page 47 of 75 Page 51 of 499 February 6, 2025 MR. SERNA: No, no, but I don't -- I didn't bring 26 residents with me either, and I think that's -- that would be huge. MR. YOVANOVICH: It would be huge. But we are going to interview our residents, correct? MR. SERNA: I don't know. I mean, that's what's been stated, but I don't know the commitments to that. MR. YOVANOVICH: Do you have any reason to believe that Mr. Burgess, who's representing a company that's been here treating mental health issues for 56 years, is not telling the truth? MR. SERNA: No. My concern is how the county enforces that and how the neighbors can be assured of that. MR. YOVANOVICH: Okay. So if we were to give the neighbors the name of a contact person that if they have a problem they can contact, would that make you feel better? MR. SERNA: It's not up to me. It would be up to the neighbors. MR. YOVANOVICH: I'm asking you, in your professional opinion, would it make you feel more comfortable if you had a contact person at David Lawrence Center, besides calling the Sheriffs Office if it gets too loud, besides calling Code Enforcement, if you had a contact with the David Lawrence Center, would that help you? MR. SERNA: No. I mean, the uses are still incompatible, in my opinion. MR. YOVANOVICH: The uses are incompatible. A residential treatment facility as described to you with criminal background checks that don't allow any violent crime -- criminals to live there and no sexual predators to live there, that gives you no assurance as to the quality of the people? MR. SERNA: It's 26 residents. I think that's what really concerns me, and then how this is enforced, and I think the neighbors share those concerns. MR. YOVANOVICH: You're not here -- you're supposedly here as an expert. You would agree with me that zoning decisions are not popularity contests, correct? MR. SERNA: Oh, absolutely, correct. MR. YOVANOVICH: So I appreciate the neighbors' concerns, but whether or not they're well founded or not is why we're here to talk about it, and what assurances we've given. So it's purely a number for you? MR. SERNA: It is. And in that regard, I mean, the neighbors can testify on their concerns and the character of their neighborhood. I do believe that has value. It's not just a popularity contest, but they can testify as far as what the character of that neighborhood is. MR. YOVANOVICH: I'm asking you, not the neighbors. I'm asking you in your professional opinion. It's purely just a number issue for you, isn't it? MR. SERNA: No. It's the -- it's the type of -- it's the type of treatment that goes on there, correct. MR. YOVANOVICH: What type of treatment goes on there, sir? MR. SERNA: It's a -- it's a medical or drug treatment facility. It's -- it's not a single-family home, let me put it that way. MR. YOVANOVICH: Okay. Let's talk about that. So single-family Page 48 of 75 Page 52 of 499 February 6, 2025 rooms -- single-family homes have bedrooms? MR. SERNA: Yes. MR. YOVANOVICH: Single-family homes have living rooms? MR. SERNA: Yes. MR. YOVANOVICH: Single-family homes have kitchens? MR. SERNA: Correct. MR. YOVANOVICH: Single-family homes have people who care about each other and are taking care of each other and helping each other with issues, correct? MR. SERNA: Generally. I hope so. MR. YOVANOVICH: And that's exactly what we described, didn't we? But they're just not related by blood; isn't that correct? MR. SERNA: Well, it's 26 units, yes, and the other -- the other issue, not related by blood, correct. MR. YOVANOVICH: So I just want to make sure we're clear. In every other professional opinion you've ever given as an expert, you've considered individual bedrooms in a house as a unit? MR. SERNA: Yeah. I think we've had similar -- I've testified on similar projects. Again, you're looking at the specific location where it's going. MR. YOVANOVICH: So if my neighbor has somebody unrelated living in their house -- because you can have up to six unrelated people living in my nextdoor neighbor's house -- we should count those as six units? MR. SERNA: No. I mean, that's irrelevant to what I'm saying. It's 26 units -- 26 people who are there for treatment in a single-family neighborhood. MR. YOVANOVICH: What medical treatment are we providing for on staff on that -- at that location? MR. SERNA: I mean, I don't know the details. MR. YOVANOVICH: Well, you just heard the testimony. The answer was zero. So there's no medical treatment there, correct? MR. SERNA: Well, psychological discussions, things like that, yeah, drug treatment. MR. YOVANOVICH: You consider psychological discussions -- where's the psychological discussions occurring on that site? MR. SERNA: Well, I don't know. I mean, it's -- again, it's -- it is a treatment facility by your own definition and by the definitions of the county. MR. YOVANOVICH: It's a place where people live together to work through their recovery as alcoholics or drug addicts, correct? MR. SERNA: Yeah, that's your testimony. I don't know. MR. YOVANOVICH: And you have no evidence that that relationship will result in crime in the neighborhood, correct? MR. SERNA: I don't -- I haven't testified as to crime, correct. MR. YOVANOVICH: I'm just trying to understand how we're destabilizing the neighborhood. It's just the number of bodies? MR. SERNA: Yes, a treatment facility at this location. MR. YOVANOVICH: Thank you. CHAIRMAN SCHMITT: Sir, thank you. And I did read your document. It was well -- I mean, my questions, really, I wanted to understand your logic and your thinking, Page 49 of 75 Page 53 of 499 February 6, 2025 because you did make some compelling arguments. And it all comes down to compatibility is basically what your statement was. MR. SERNA: Yes. CHAIRMAN SCHMITT: Okay. Thank you. MR. SERNA: Correct. CHAIRMAN SCHMITT: Can we get the next speaker, please. And this is the person who has assigned -- 10 speakers allocated? MR. SUMMERS: Yes, Mr. Chair. We have Michael Rizzo, and I can call out each individual name. CHAIRMAN SCHMITT: Yeah. I would like those individuals to stand as the names are called. MR. SUMMERS: Absolutely. We'll start with Earl Turner. If you can please stand. (Speaker stands.) CHAIRMAN SCHMITT: Okay. MR. SUMMERS: Susan Salzmann. (Speaker stands.) MR. SUMMERS: Desiree Hope. (Speaker stands.) MR. SUMMERS: Alexander McCaffrey. (Speaker stands.) CHAIRMAN SCHMITT: All right. MR. SUMMERS: Myung McCaffrey. (Speaker stands.) MR. SUMMERS: John McCaffrey. (Speaker stands.) MR. SUMMERS: Ken Koerner. Sorry if I said that wrong. (Speaker stands.) MR. KOERNER: You're close. MR. SUMMERS: Diane Sacks. (Speaker stands.) MR. SUMMERS: Abigail Timmerman. UNIDENTIFIED SPEAKER: She left. MR. SUMMERS: And Jennifer Carter. (Speaker stands.) MR. SUMMERS: That's all I have for you, Mr. Chair. CHAIRMAN SCHMITT: Diane, did you raise your hand, or was that -- that was the person next to you for the other speaker, right? MS. SACKS: No. CHAIRMAN SCHMITT: Okay, for this. All right. And there was a Mr. Rizzo. DR. RIZZO: Dr. Rizzo. CHAIRMAN SCHMITT: Dr. Rizzo. And do you need the full 30 minutes -- DR. RIZZO: No. CHAIRMAN SCHMITT: -- from all these folks? DR. RIZZO: Maybe. Page 50 of 75 Page 54 of 499 February 6, 2025 CHAIRMAN SCHMITT: Well -- I did state three minutes per, so I'm going to -- okay. Dr. Rizzo, please. DR. RIZZO: I think the background of who you're listening to, my history's a little important. I'm 66. My dad and my mom moved here in 1960, and I was a resident of Goodland when it first was incorporated, and then we moved to Chokoloskee, and then my parents bought a place in the East Coast. And we lived in Pembroke Pines until later in my life when I bought a place in Everglades City. I was in Naples before probably most of you -all, when I was five, six, seven years old, so I'm very fond of this community. About 10 years ago I bought a place on 60th Street. Now, I think it's also important that -- my history as a young adult was that I got in a lot of trouble with drugs and alcohol, and I had a lot of problems in school. I didn't even finish high school. And I would say -- I would say that when I became a teenager, I became oppositionally defiant, and then I moved and lived in Miami as a -- in a period of time when the cocaine world was out of control, from'78 to'85. And I was an addict. And even after I recovered from being an addict, I owed a lot of people money from the years I was an addict. And my life was in shambles, and I actually robbed my own sister. I robbed her house to secure items to pawn, to pay back dealers that I had owed from when I was an addict. Then I went back to school, and I had to start all over, about 26 years old. And when I was 36, I earned a Ph.D. in psychology. I went to work for Miami Children's Hospital. I went to work for Dade County Public Schools. I created programs and policies for all those institutions. I became an instructor of interns and post-doc students from Nova University and from Barry University. I've trained over 400 psychologists in all areas of psychology. I now have a practice that has offices from Jupiter to Coral Gables to Fort Myers to here. We have 40 psychologists. We have 40 professionals, mental health professionals that work for me. So Mr. Yovanovich or someone in the institute indicated I'm not an expert. I know more about psychology than anyone at David Lawrence Center. And at the last board meeting, the last Planning Commission meeting when I was speaking to you ladies and gentlemen about why they were taking so long -- and why they asked for a continuance, one of the Board members, I forgot his name, he was in the last chair, was also a board member for David Lawrence. So I was asked to not -- I was asked to restrict what I said because I couldn't speak today if I said too much about the concerns at that meeting. So I was very careful what I said. But the person that was supposed to recuse himself said to all of you, this is a very worthy idea. We should all be pushing this forward. That was his comment after he was asked to be recused. And then I left the meeting thinking that it was over. And I looked at the video of the recording of the meeting, and he continued to disparage my testimony at the end saying, who does this guy think he is? What kind of expert is he? We can't let him influence us. Now, that right there, we're not starting with a fair playing field. And on top of that, when we first became aware of the possibility of this going into our neighborhood, we tried to secure counsel. And my life partner -- we've been together 23 years -- is an attorney, and so she called attorneys and planners. Within 40 miles, not one person said they would touch this case because it's too politically loaded. It doesn't matter what's right or wrong. It matters the zeitgeist of the community is to push this mental health stuff forward at all costs. And Page 51 of 75 Page 55 of 499 February 6, 2025 if we help you or we try to help you with an argument, we will never work in Collier County again. And she'll testify to that as well. So we had to reach as far away as wherever Luis -- Luis, where you from? MR. SERNA: Clearwater. DR. RIZZO: Clearwater. That was the closest we could find anyone to help us because of the political bullshit that's driving this whole thing. Now, I know more about addiction -- and as a matter of fact, one other note. My mother was a chronic alcoholic and a gambler and addicted to pharmaceutical drugs, and I paid for her to go through rehabs three times. And she lived in group homes two times. And not at David Lawrence. At Hanley Hazelden. Hanley Hazelden. Betty Ford Hanley Hazelden centers. And she relapsed every time and went back to gambling and went back to prescription drugs and died about four years ago from alcohol -related dementia because her frontal cortex was toast. Now, everything the David Lawrence Center tells you about how they're setting this up is classic perfect. There's nothing that you -- this argument about screening people and drug testing and watching what they're doing, it's exactly what should be done, and they're following protocol perfectly. There's a couple things that are not right. But that -- there's no argument with what they're trying to do. There's no argument that these people need help. The argument is -- now I'm going to go deep into the literature on addiction, okay. The addiction literature, without any question, says that a home that promotes sobriety is six to eight people, very rarely more, and they live as a family unit, and they're integrated into a community so they feel normalized. They don't feel ostracized like they're in an institution. And if they can feel normalized and become part of the fabric of a community, the possibility for recovery is tenfold then if they live in a place that still seems institutional. So anywhere in the literature, if you have any insight into real science, the perfect environment is six to eight. Now, some people have pushed that up to 12, and there's a difference between a sober home and a sober residence. A residence is when you have multiple units, like an apartment building, and you rent out a block of apartments to let people have the ideal impression of an individual home within an apartment building because they still live in a unit with six to eight people, and they still work as a unified family, but you don't have 26 people living in an apartment building in an apartment trying to get better because all you need is one to go off the rails. Now, Mr. Colucci said earlier this is a halfway house, and if it's not managed properly, it will be what they used to call a flophouse where you just go and get bored until we figure out what to do with you next. Now, the Sheriffs Office is thrilled about having this because they don't know where to put the people in jail that have nowhere to go next or that they don't want to Baker Act them --they don't want to bring them to jail. It's easier to Baker Act them and put them in a drug rehab program than put them in the jail. Sothis is serving a great purpose for the Sheriffs Office and for where to put these really difficult patients. Now, the other thing is when you're in a community mental health center -- and Scott Burgess does an excellent job. But he's dealing with the most difficult population in mental health. This is not -- this is not people that can afford to go to private centers. These are people that have historically had very difficult lives, have had chronic histories Page 52 of 75 Page 56 of 499 February 6, 2025 of drug abuse. Now, 70 percent of people with chronic histories of drug abuse also have psychiatric conditions. So you have PTSD and bipolar disorder and major depression. I could go on and on. Now, they have to be monitored for their psychiatric conditions as well as their addictive conditions, too. Now, these are very -- now, there's no question when you screen them and ask them, am I going to try my hardest to be good? No one's going to say no. No one's not going to sign a promissory agreement they're going to follow the rules. But these people have had histories their whole life of not being able to stick to their plan. The optimal environment for them to stick to their plan would be a sober home -- like, we haven't really -- there's another issue with that -- that whole thing that the Sheriff said about the crimes. I'd like to go over that with you guys, because there were -- my neighbor here -- I'm going to come back, but my neighbor where -- this Desiree, she lives on 60th Street at the end where people fish as well. She hasn't seen one police call to 60th Street where people fish in her backyard, but there's 14, 16, 18 events that happened within a 20-month period at the 62nd Street fishing spot. Now, I don't think that's a coincidence that one street has zero criminal events and one street -- and I'll read them to you. If you want to go through this, we can go through the whole list, okay. So the whole thing that this is maybe just an anomaly because people fishing get in trouble is nonsense. And if you want to read it, you can read it yourself. The next street over where people fish, there's not been one police call. The only police calls to our neighborhood that I recall is two times -- and one of them is two weeks ago when a sheriff came to my door, my gate, and said, "Can I please go into your backyard because we're hearing screams of distress coming from somewhere in the back of your house?" So I let the police in two weeks ago. They searched my backyard, and they couldn't find anything. You know what's in my backyard? Hope Home I is in my backyard. That's what's in my backyard. Now, we live with this constantly. We live with this fear. Now, if you put the 10-foot wall, which someone suggested we not even put the 10-foot wall to keep the neighbors safe. If you put the 10-foot wall, you help, but they can walk around the wall. There's four or five houses that can be walked around the wall to easily access. In these houses are old people, people with little children at the corner. Now, the thing about 62nd -- 62nd Street winds around -- it goes from north/south to east/west, and when it goes to east/west, it connects to 60th Street. So the end of 60th Street where we all live would be absorbed by all of the traffic, not car traffic, but foot traffic of 26 people walking back and forth each day to David Lawrence to get their -- whatever treatment they get at David Lawrence. Now, at that same intersection where these 26 people are going to live is the school bus stop for the children that live in our neighborhood that have to go out there in the dark in the morning, little girls, middle school girls, high school girls to wait for the school bus. Now, you're going to have 26 men with this sorted past, this sorted history walking past the school bus stop every day. Before they get to the school bus stop, though, they have to pass Kiddie Korral, which is the preschool for three to five -- two- to five -year -olds. So you have two- to five -year -olds, you have elderly people living in the three or four houses Page 53 of 75 Page 57 of 499 February 6, 2025 that are there, you have a brand-new $2 million house being built on the corner where 62nd turns to go east/west. And then the houses that are along 62nd, 60th, where we live, I love these descriptions. There's 550 feet to the nearest building on that. We don't live in our house. We go in our yards. We have pools. We have swing sets. We have gardens that are at the end of our backyard, which takes us right up to the property line of where they want to put the wall. So maybe we'll have a 10-foot wall instead of being able to see. But if we don't have the 10-foot wall, when we go in our backyards to enjoy our rural lifestyle, we have to worry that somebody could wander through the buffer. The buffer is not going to be impenetrable if there's not a 10-foot wall. But why -- if they can get -- if they can't get through the 10-foot wall, they can walk around, which is Laurie's house, the person that spoke first about her fear. Laurie's house is the easiest house to get to if you walk around the left side -- the south side of the 10-foot wall. So how does Laurie feel about her safety when she goes to sleep at night? My daughter, my wife, they don't want to live here anymore. They're afraid. Everyone in our neighborhood is afraid to live in our neighborhood because even if these men have the best intentions, one -- if there's 26 there and the average stay is roughly six months, three to nine months, that's 52 different men with sorted backgrounds. And guess what my favorite part is? They don't have to live in Collier County. This could become a reservoir for treatment for people that can't afford more serious treatment from people all over the country. So you're going to take care of the transient addicts with comorbid psychiatric conditions and extremely sorted histories -- life histories to date that promise to get their lives together and take -- promise to not hurt anybody. And we're going to say, "That's a great idea. We believe them." Of course we believe them, but can they keep their promise? Somebody else pointed out the recidivism rate is more than 50 percent. My mother's failed three times. When you fail and you're desperate, you do desperate things. And the houses that will be most easily accessible when people fail will be our homes. And then another issue. Golden Gate City is freaking out about all the homeless that are showing up where the Winn -Dixie is, where the K-Mart plaza used to be. Where do you -- is it a coincidence that the bigger the David Lawrence Center gets, when people are released, where do they go if they have nowhere to go? Where will people that are expelled from this Hope Home II go if they have nowhere to go? Anybody know the answer to that question? So I respect Mr. Yovanovich's -- are you a mental health professional? Wherever he is, are you a mental health -- do you know anything about what you're talking about as far as the mental health side? You have to make a choice. You can change the rules or you can say, "I'm doing the right thing." But the bigger question, are you doing things right? This is not about doing the right thing by the law, because you can change the rules to make the law work, which you're trying to do. But this is -- are you doing the right thing for the people and for the community? And in the charter of Collier County, it says taking care of the county's safety should some first. The people that already live in the county should come first. So there's no reservation that this is a terrible idea to put in this location. Now, there's -- another thing is sober -- when you go over 12 to 14 people, it's no Page 54 of 75 Page 58 of 499 February 6, 2025 longer considered a sober residence. It's considered a recovery community. And I can show you all the literature in the world that recovery communities should have Level 4 FARR support as far as the organization that oversees these places, and that means people should be living on site when it's a Level 4 site, because you've crossed the threshold to leave a home, and you've moved into what Luis said is institutional. It has become institutional when it crosses over the number of people that live in a family, based on addiction literature. And those sites should be on institutional property or commercial property with no residences around. Now, when they recover to the next level from a -- from a recovery community, then they're ready for a recovery residence or a sober home. But this is the step before recovery residences and sober homes. So anyone wants to have any literature to support my statements, I'd be happy to provide it. Now, I'd like to tell you about the end of the street that -- the one street gets zero police calls. Now, we were only able to secure this from Penny's arguments for the crisis center, which happened -- you know that whole story where the county got pushed around again. The way Mr. Yovanovich treated our witness is the way David Lawrence has treated the community, hostile. It's a hostile environment to live with. These people, if they didn't have me, would get their -- they'd be getting kicked around like dirt. They'd be conned. There would be bullshit. They're convinced that they're going to get their butts kicked because [sic] they have me. Now, I've been for two years -- 18 months, I haven't slept because I've been writing letters to you, I've been writing letters to the civic associations, I've been going and meeting with every commissioner. You know what every commissioner says? I won't say who said what. "As long as it's not in my district. I'll do what Burt says. It's his district." Nobody wants it in their district. They just don't want it --and Burt's the key to where this goes, because if Burt flips either way, it could go either way. CHAIRMAN SCHMITT: And by "Burt," you mean Commissioner Saunders? DR. RIZZO: Burt Saunders, yes. Okay. CHAIRMAN SCHMITT: Just for the record. DR. RIZZO: So I met all these guys two or three times in the last 18 months. I brought them all this information. Now, at the end of our street -- at the end of 62nd Street, there was an alarm for a burglary at 6150. That didn't happen with the people fishing. There was a fire at the house. That didn't happen with the people fishing. There was another alarm, fire, commercial. Suspicious vehicle; it could have been the people fishing. Suspicious vehicle. Suspicious vehicle. Check on probation. Check on probation. Disturbance, general. Drunken person. Medical emergency. Civil process, served someone. Civil process, served someone else. Civil process, someone else. General unknown problem. Civil process, attempt to serve someone else. Medical emergency. Check probation. That's what's happened in a 20-month period, 14 police calls to that site. That was not people fishing, okay. Not one of the -- maybe the suspicious vehicle could have been some people fishing. So this whole -- the political climate when -- when -- this started with Passidomo at the state level when she approved the $3 million for this project, which is part -- and then Page 55 of 75 Page 59 of 499 February 6, 2025 the one -cent penny sales tax. And then the -- even the philanthropists that funded David Lawrence's -- that chaired David Lawrence's two balls where Brooke Shields came and Goldie Hawn came, I know them. One of them had chaired it. And I told her where this was going to be. She said, "This cannot happen. I'm going to write Scott a letter and tell him this is not appropriate. This is not what we raised this money for, to put this in a residential community." Now, I never got -- I saw an e-mail that she sent to me and Scott, and she asked us to talk, and it never happened. CHAIRMAN SCHMITT: When you say "Scott" -- DR. RIZZO: Scott Burgess. CHAIRMAN SCHMITT: -- Senator Scott? DR. RIZZO: No, Scott Burgess. CHAIRMAN SCHMITT: Oh, Scott Burgess. DR. RIZZO: She wanted to put us in touch. She sent an e-mail to introduce us, so we talked through this. And I told them I have a lot I could offer to help David Lawrence with my background in psychology. She asked us if we would talk -- she thought it was a terrible idea to put this in our neighborhood, and she's the one that helped to raise most of the -- a lot of the money from the philanthropists. And she has a -- she does have a background in mental health. And -- CHAIRMAN SCHMITT: Dr. Rizzo, I know you're at -- you only have 10 minutes left, and I certainly don't want to take the time. But it's clear, for 20 minutes, you're -- the summation of your argument is this is not compatible because of the clientele they're dealing with, you're not -- it's not the size of the house. It's not the -- it's not all the other aspects that were discussed by Luis -- is it Luis Serena? MR. SERNA: Serna. CHAIRMAN SCHMITT: Serna, thank you. Sorry. But your biggest issue is, this is just not compatible because of the -- you're deeming that it's an institutional size rehabilitation facility being placed in a residential neighborhood. DR. RIZZO: Well, that's not -- CHAIRMAN SCHMITT: That's pretty much a summation of what you're stating? DR. RIZZO: My summation is -- immigrants are moving into our community without our control. This is like the border is porous. Somebody's letting our neighborhood be infiltrated by people that could be bad people even though they're going to promise to be good people. And what -- what defense do we have when we have lawyers that never lost a case probably when they're trying to push rural communities into compliance with building things, and we have a mental health center that has no competition in the community of anybody else trying to provide service; that whatever they say, everybody just believes there's no other way to do it because David Lawrence said it should be done this way. There's a lot of ways to do things in a better way. But there's no checks and balances on David Lawrence Center because David Lawrence Center -- and everyone on the board of David Lawrence, not one person has a background in mental health, not one board member. There was one guy that ran NCH, but they had to dissolve their psychiatry and psychology department because they couldn't make it work. Page 56 of 75 Page 60 of 499 February 6, 2025 So you have a board that doesn't know anything about what they're talking about. They're just listening to bottom -up rhetoric about what we should do, and then they support that rhetoric with no competing ideas being introduced into how to help these people. Now, these people definitely need help, and there's ways to help them. And this is a stopping point before a true sober residence or sober home. And we already have served our community because we've -- we have had a sober home since 2018 in our community, and we don't think we should be the community that absorbs this institution. It is an institution based on -- not my opinion. When recovery -- if you go -- I have a bunch of documents, and I shared them with Scott as well, Scott Burgess. When you cross a certain threshold, you no longer are a community residence or -- you're no longer a residential -- you're a recovery community is the terminology that changes from -- I have it somewhere. There's three terms. Sober homes -- there's sober homes. Recovery residence is when you take over, like, a section of an apartment building and you take a lot of units and everybody still lives like individual families and a building -- the building fits the community. It doesn't look like -- Now, 15,000-square-foot house -- I think the biggest homes in our neighborhood are 4,000 square feet. This house -- this building that's supposed to blend into our neighborhood is almost four times bigger than the biggest house that's already in our neighborhood. And there's no restrictions on -- even if you have the wall -- beyond the wall, another requirement -- if we can't win, on the west side of 62nd, which has been brought up, a sidewalk with a fence, at least a 4-foot fence to try to keep the people from walking down 62nd to where it turns and runs into 60th so they don't have to cross in front of Kitty Korral and the bus stops for the kids. Minimally, you have to have a corridor built along 75 on the west side of 62nd Street that goes straight into Golden Gate and doesn't require people to walk down the 90-degree bend in 62nd where it connects to 60th. But that's if we -- if we have -- if this has to go forward, without a doubt we need a 10-foot wall. Without a doubt, we need security cameras allover that wall so --if anybody leaves or goes around the wall, without a doubt, we need monitored entrance and exits to see who comes and goes from the property with a gate, with cameras to take pictures of the license plates. Without a doubt, we need these guys to be able to walk to David Lawrence without walking past people walking their dogs or kids playing in the street or preschools or churches. There's also a school for autism just on the other side of the church that's on the corner there. So you have an autistic kid could be roaming around if he gets out of the school. This is like -- if you'd step back and just think of what I said, we're going to put 52 men that promise to recover from lives that have been train wrecks, and we're going to trust that they're going to do their best and put them in your neighborhood. Who would like that in their neighborhood? Which one of you would like to volunteer to give up your neighborhood for these people? Ask your mothers, ask your daughters, ask wives and husbands, would you like this next to us? See where it goes. So that's -- I think that's pretty compelling. You know, I could make points for three hours. I know this stuff -- I spent the last Page 57 of 75 Page 61 of 499 February 6, 2025 18 months taking my eye off the ball of my business where we save -- we see 2,000 kids a year that are troubled, and we have a zero recidivism rate. Every single kid improves and gets better. Now, David Lawrence's other show is they're going to bring you perhaps, at a commission meeting, people whose lives have been changed by going through this process. I can tell you, for every one whose lives have been changed, two or three that failed by going through the David Lawrence process. This is by no means a panacea. It's not his fault, because this is the most difficult people in mental health to deal with. No agency could do any better, in my opinion, but the most difficult mental health patients that exist go through David Lawrence. And nobody just has one thing. You have ADHD, you have learning disabilities, you have people that chronically are unemployed, you have people that are on Medicare -- on Medicaid, you have people uninsured. They don't even have the resources if they wanted to do it right to give them the best quality of care. So you have to examine where this will go, not is it a good idea. It's a great idea. But it belongs back on their main campus somewhere across the street or it belongs maybe wherever you have zoning pending for institutional, maybe where the -- are they going to put a veterans hospital or something at the end of the street? Or across from the government center you have these two buildings that are for sale, both -- two office buildings for sale. Now, you have -- you have another issue that's come up because of St. Matthew's, which is the homelessness rate because the people that fail out of the St. Matthew's House programs, they have nowhere to go either so that -- there are some that fail, even though that's a faith -based, very successful program, another model for the country. But you're also going to increase the home -- the rate of homeless in an area around David Lawrence Center as David Lawrence Center gets bigger and bigger, because they can't control what people do when they leave even if they -- are they going to bus them to Chicago or New York and you drop them off there? That's not happening, okay. So there's so many variables that don't come to your attention. CHAIRMAN SCHMITT: Can I ask you to wrap it up, please. I know you can go on for an hour. DR. RIZZO: I could go on for hours and hours about why this is just the most -- CHAIRMAN SCHMITT: Please wrap it up. DR. RIZZO: -- ludicrous idea I've ever heard. Okay. Thank you all for listening, and I hope that this sinks in because just -- would I like it in my backyard? I do not want it in my backyard. It happens to be in my backyard. But would you like it in your backyard? It shouldn't be in anyone's backyard. CHAIRMAN SCHMITT: Very compelling discussion, and I know -- but you're here representing the residents. You live in the community as well, but you're also a professional, and I don't know if Mr. Yovanovich has -- DR. RIZZO: Go ahead. CHAIRMAN SCHMITT: -- any questions, but we'll defer till after lunch, because I know Terri needs a break. What do my colleagues think about lunch? Because this will go on probably after lunch. COMMISSIONER SHEA: Are there more speakers? Page 58 of 75 Page 62 of 499 February 6, 2025 CHAIRMAN SCHMITT: Are there any more speakers? No other speakers? Terri? THE COURT REPORTER: I don't need a lunch. CHAIRMAN SCHMITT: Twenty minutes? THE COURT REPORTER: Ten. CHAIRMAN SCHMITT: Ten? Fifteen. We'll go with 15. And, Mr. Yovanovich, based on -- MR. YOVANOVICH: I don't have any questions for him. CHAIRMAN SCHMITT: Do you have questions? MR. YOVANOVICH: Nope. CHAIRMAN SCHMITT: None? MR. YOVANOVICH: Not for him. CHAIRMAN SCHMITT: Okay. Well, we'll reconvene after lunch. I took a bunch of notes which I'm going to ask that you and Scott address. Dr. Rizzo, thank you. Very compelling. (A brief recess was had from 12:19 p.m. to 12:35 p.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN SCHMITT: Could I please have everybody take their seat, please. And just to reaffirm, we have no other public speakers registered? MR. SUMMERS: That is correct. CHAIRMAN SCHMITT: All right. Well, before we proceed, is there anybody else who would like to speak that did not register to speak? (No response.) CHAIRMAN SCHMITT: Okay. With that, Mr. Yovanovich, I'm going to ask you in rebuttal, but I'm going to throw the things I wrote down just to -- MR. YOVANOVICH: Could someone bring the presentation back up? CHAIRMAN SCHMITT: -- rephrase. I've heard about the proliferation of meth labs and the potential for meth labs, increased crime. There was repeat substance abuse, a 2-mile separation. I'm not sure what -- supposedly there was a requirement for some kind of a 2-mile separation. If you could cover who enforces and who do the neighbors call if there's any issues. And, Scott, from a standpoint of what Dr. Rizzo talked about, relapses. And institutional -- this was an institutional property, Rich. They claim that because of the size, it's deemed institutional property. And again, from Dr. Rizzo's statement, two to three fail for every one success. And I don't know if that's what David Lawrence experiences. So with that, Mr. Yovanovich, do you have any closing remarks or rebuttal? MR. YOVANOVICH: We have a lot. CHAIRMAN SCHMITT: Okay. MR. YOVANOVICH: But let's -- let's make sure the -- is our presentation showing on the -- no, okay. Let's -- I'm going to have Scott come up here and address many of the comments you just asked us to address. It's funny --anybody watch Breaking Bad? I had a flashback to -- I just finished -- I just finished watching Breaking Bad, and it's about meth labs. That's not what's happening here. I don't know where that comment came from and how that's any way related to somehow, by having people come and live in this home, Page 59 of 75 Page 63 of 499 February 6, 2025 there's going to be an offspring of now trained meth lab people. MS. VAN ZANT: I'm not talking about meth labs, sir. I was talking about the possibility of other problems that people might experience. CHAIRMAN SCHMITT: Excuse me. We don't need comments from the audience. MR. YOVANOVICH: I'm sure I'm not the only one who wrote down the word "meth lab" when the speaker -- CHAIRMAN SCHMITT: But there was a statement that there was a correlation of somehow your experience, which I heard very clearly -- MS. VAN ZANT: Yes. CHAIRMAN SCHMITT: -- was of the experience of somehow a group getting together, they learn how to cook meth, and then the next thing you know, we had a proliferation of meth labs. Thank you, ma'am. MS. VAN ZANT: Not just that. Other things. MR. YOVANOVICH: Let's start with the basic premise -- and Scott's going to go into this in greater detail. These are not the worst of the worst coming to live in this home, and that's where the whole thing falls apart for their argument. We don't have the worst of the worst coming here. The Sheriff does not bring anybody to this facility. We are not taking criminals and running them through this home, and that's what you heard from the very first speaker. I wrote the word down "serious mental health, addiction, and criminal histories." They either aren't listening to what we're saying, they don't believe us when we're saying we're doing criminal backgrounds, but these are not the worst of the worst coming here. This is probably your brother-in-law, maybe your husband, maybe your son, maybe your cousin, that are working people in the community who have issues with alcohol or drugs and they want to do better. Do people fail? Yes. But they don't leave our facility and then go commit crimes, which is what you heard. And I want Scott to get into that. And I'm a little -- I'm a little ramped up because everybody on -- everybody in this room, I'm sure, knows somebody who has been through addiction. And they -- most of them started out innocently. I've got a brother-in-law who started out because he served in the military. He jumped out of airplanes for our country. He had bad knee issues. And guess what? He got hooked on pain medicine. He's a good person. We all know that person. That's what we're talking about trying to help. So when we start with this issue of the worst of the worst, I finally, personally -- my comment, not my client's comment -- find it disheartening, and I, frankly, find it offensive when I personalize it to people I know. I'm happy that Dr. Rizzo was a success. Good for him. That's a great story, but there are people not as hard up as Dr. Rizzo admitted he was that we are going to help. So don't buy into, "These are bad criminal people coming to our home." And with that, I'm going to turn it over to Scott, because I don't think I'm going to help any more by addressing those issues. I'm going to let the professionals get up here. I am not a mental health professional. I'm a lawyer. And my job is to present the case through experts as to why this is a safe and compatible use in this neighborhood, and that's what I did. And it's my job to point out when another expert gets up thereto find out what was the real basis of their opinion. And if he felt like I treated him harshly, I do Page 60 of 75 Page 64 of 499 February 6, 2025 not apologize. I do not apologize for taking him to task to support his opinions. So with that, I will turn it over to Scott and let him get into many, many of the comments. CHAIRMAN SCHMITT: Before you go, Randall. MR. YOVANOVICH: Keep in mind -- keep in mind, look at where the property is. I wrote down a comment. If that's not a major road, I don't know what a major road is. We front a major road. Where is this piece of property? It's not in the center of the neighborhood. It's on the outskirts of the neighborhood. To tell us -- to tell us to build a cage so people walk along 62nd Street in a cage to get all the way to Golden Gate Parkway so they can walk across the street if they need services from David Lawrence Center, why -- why can't they just walk on a street to go across the street? Why do they have to be fenced off? That's -- that's -- this is on the outside of the neighborhood. It's not inside of the neighborhood. We're not driving by any residential homes on 60th Street. This is it right here. That's how much of 60th we will be driving on, if they drive, to take a right. We're not impacting their neighborhood. We have adequate assurances. And with that, now I really will be quiet and let Scott take over. MR. BURGESS: Thank you. I'll try to address some of the questions. There was a lot that was levied there, so I tried to take some good notes. Hopefully I'll answer your questions as well. I will ask for Nancy Dauphinais, who's our chief operating officer, to come up and also speak to some of the -- actually quite gross mischaracterization of some of the literature and the research. And, you know, it was very disconcerting and, frankly, harmful from a stigmatizing standpoint, much of the comments that were made. Again, we are -- we are helping individuals that are in this community that are struggling and need some assistance and some support to thrive again. These are not individuals that are immigrating from any other area. These are Collier residents that are here in Collier County. There is ample supply of need in Collier County. There is no need for anybody to bring anybody in from any other community. Again, we'll -- Nancy will talk a little bit about the studies that were cited that were inappropriate and mischaracterized and what the data actually demonstrates related to not having increased crime around these types of residential residents. The clinical review is done -- I'll reiterate this because this has come up now a couple of different times from the various speakers that represented the neighborhood, and I don't know why it keeps coming up. But there are not criminals that are being brought into this home. Everybody receives, everyone, 100 percent receive a thorough criminal background check. That is a commitment that we've made. That is a commitment that we are -- you know, have put on notice here and on record that anybody that has a criminal background, violent criminal background, would not be eligible. They would be excluded from the criteria, would not fit the criteria. Anybody that was a sexual predator would not fit the criteria and would not be welcomed into the residence. So -- and then there was also a question in regards to -- well, there was an implication that everyone that comes to -- or very near everyone that comes to us also has a very serious mental health psychotic disorder. That is clearly not the case. Individuals that, as I've referenced, all go through a clinical screening and assessment to determine clinical appropriateness for being in this home. So individuals that have, you know, a Page 61 of 75 Page 65 of 499 February 6, 2025 serious persistent mental illness that's not under treatment and control, they're not going to meet the criteria. We have a very rigorous approach to the criteria of who can be in the home. I think that speaks to how effectively the program has run thus far, and almost five years, and we really believe that we have the right criteria that are going to prove for the success of the residents for Hope Home II as well. There was a question in regards to our board members and none of them having any behavioral health background. That's clearly false. We have a clinical psychologist that's on our board. We have two medical doctors that are on our board, all of whom understand behavioral health quite well. The clinical psychologist practiced in Collier County for over 30 years. So we have additional behavioral health expertise on our board of directors. There was a question in regards to -- well, I think there was a comment in regards to the fact that we should ensure that we have cameras everywhere and we're tracking everybody on the -- on the property. I just wanted to let you know that we do have cameras on the current property, and we do have the ability to review all of the cameras, the coming and the going of everybody that's currently on the property, and that would continue as we move forward into the new property -- the new residence as well. I'm going to ask Nancy Dauphinais to come up next. She's going to speak more specifically to some of the data, because I think there were questions in regards to the data and what it specifically speaks to. CHAIRMAN SCHMITT: Yeah. Before she comes up, Randy. COMMISSIONER SPARRAZZA: Thank you. Excuse me. And thank you for clarifying some of these. Two quick questions, the first one's simple. The program that's taking place at the current home, basically, is going to be extended to include an additional 20 more residents, correct? MR. BURGESS: That is correct. COMMISSIONER SPARRAZZA: It's not an alteration, we're going to try something new; we're doing what we've done now for almost five years. We're going to expand it, correct? MR. BURGESS: That's correct. COMMISSIONER SPARRAZZA: Great. Another question, not knowing -- and I apologize -- much about, for example, alcohol redemption and recovery, is it a prerequisite that these folks have gone through the 12-step program prior to requesting residency at this facility? MR. BURGESS: The residents that will be, you know, screened for potential appropriateness have been active in their recovery treatment already, so they have most likely already gone through maybe our detox program, and then we also have a 28-day program, which is a residential program where people stay on site on the main DLC campus, and then they have a period of -- then they transition into Hope Home. So they would have already had some level of treatment that's under -- under their belt already. You know, because we have limited capacity, a lot of times people have to have been discharged from that detox and 28-day program. Maybe they've been living somewhere else maybe with a friend or a relative or something of the sort. They're receiving some active treatment with us over at the Dave Lawrence Center main campus, Page 62 of 75 Page 66 of 499 February 6, 2025 and then when there's availability in Hope Home, then they would -- if they meet all the criteria -- go through the whole process and the screening process that we have determined that are appropriate, then they could go into Hope Home. So they have an established period foundation of recovery already under their belt by the time they would move into Hope Home. COMMISSIONER SPARRAZZA: Shall we say that Hope Home is the third step, more or less? You know, they've gone through detox, 28-day program. Maybe they've had to go off site personally for a while, but trying to funnel them back into Hope Home II is the conclusion or -- MR. BURGESS: Exactly. COMMISSIONER SPARRAZZA: Okay. MR. BURGESS: Yeah, right, exactly. So the whole -- the whole premise is that the longer that we can have somebody, you know, receiving that active sober living recovery support, the better their long-term prognosis is for their long-term sustained recovery, and the data demonstrates that. So if we can have somebody that's had that background of a strong foundation built up from a treatment standpoint and then we can get them into Hope Home, and if they're in there for another six months, seven months, eight months, nine months, then that just continues to elevate their likelihood that they're going to have great long-term success with sobriety. COMMISSIONER SPARRAZZA: One last question. I apologize for taking so much time. The five residents that you have now in Hope I, is it four plus senior resident or -- MR. BURGESS: Five plus one senior. COMMISSIONER SPARRAZZA: Oh, it's five plus one. MR. BURGESS: Correct. COMMISSIONER SPARRAZZA: Okay. How -- out of those five, how many are working through their alcohol difficulties and drug difficulties? Do you know, roughly? MR. BURGESS: I don't know off the top of -- COMMISSIONER SPARRAZZA: Not trying to pin you, but it -- MS. BALDWIN: I would say half and half. COMMISSIONER SPARRAZZA: Half and half, okay. All right. Thank you so much. Appreciate it. MR. BURGESS: Thank you. CHAIRMAN SCHMITT: Paul? COMMISSIONER SHEA: Okay. I don't know, Scott, if you're the best one to answer, but I thought I heard from Dr. Rizzo that six to eight is the more optimum size for a unit like this. And so the question is -- we're going to 20 residents -- what's your professional comment on the size because -- CHAIRMAN SCHMITT: Just to be clear, it's 18 and two in the new residence; 18 patients. COMMISSIONER SHEA: Yeah, but the total site will be twenty -- COMMISSIONER COLUCCI: Twenty-six. CHAIRMAN SCHMITT: Twenty-three. COMMISSIONER COLUCCI: It's 23 and three. Page 63 of 75 Page 67 of 499 February 6, 2025 CHAIRMAN SCHMITT: Twenty-three and three. COMMISSIONER SHEA: Yeah. But all I'm saying is the number, I think -- I think it was Dr. Rizzo said six to eight is the more successful typical. I don't know -- I'd like to hear a rebuttal to that. MR. BURGESS: Yeah. And Nancy will be able to speak to that very directly. But, you know, my personal opinion and professional opinion is no, that that's not accurate. COMMISSIONER SHEA: Thank you. COMMISSIONER COLUCCI: That was exactly my question. MS. DAUPHINAIS: Hello. For the record, I'm Nancy Dauphinais. I'm the chief operating officer at David Lawrence Centers. I'm a licensed mental health counselor and a master's level certified addiction professional. I've been at DLC for 19 years and a Collier County resident for 20. I'll take that last question first about the size of the residences. I think that there is a lot of research on Oxford houses which tend to have between six and 15 residents. So the research out there, because there are more of that size, has more research about it but not necessarily conclusively stating that they are more successful than larger homes. So in preparation for this, we did go to review larger recovery residences in the state of Florida. Our team went to three, some on the east coast and one on the west coast of Florida all within a two-hour radius of here. And I'm just going to grab those details. So those recovery residence operators are also FARR certified Level Il, and these are larger homes. So that's similar -- exactly what we're proposing with this. Our current home is a Level 11 home, and these would also be -- the new home would also be a Level 11 FARR certified. The ones that we visited have been in operation for between five and 10 years. One has 29 residents across 12 bedrooms, another has 24 -- excuse me -- it's 29 residents with three senior residents. So the total's 32. And another has 24 residents with three senior residents; 12 bedrooms, 12 bath. Another has 30 clients with five senior residents. Some are called house managers. They all are operating in residential neighborhoods next to brand-new homes where construction is going up, and people are moving in, not away, from those neighborhoods. One is within proximity, walking distance of a Ritz -Carlton. And so they're all in residential neighborhoods. The issues with -- when we asked them first about their relationships with their neighbors and if there had been any complaints, they started to share with us their complaints about their neighbors, because there are parties in the backyard of their neighbors where people are drinking and being very loud, and they want a quiet, sober environment, and we had to explain that we were asking about their neighbors' complaints about them. So there have been minimal with no specific incidents. The ones that are reported were similar to what we described with calls for medical service and other things about just not always knowing where somebody was being directed to get to the egress road. So they talked about how they worked with their neighbors collaboratively to establish that and -- but rare occasions EMS being called for medical -- medical emergencies. And I think that it's important -- we've heard a lot of an anecdotal -- anecdotal episodic kind of episodes. When we look at what the recovery residence literature suggests, it's actually the opposite of what we've been hearing. Most research supports Page 64 of 75 Page 68 of 499 February 6, 2025 that there's lower crime rates, lower rates of homelessness, and lower rates of recidivism in communities that have recovery residences. These are individuals with chronic medical conditions, and return to use does happen. It's a -- it's considered a recurrence of use, and they are treated, and they are treated medically as needed with access to clinical programs near by when that does occur. But these research -- there's over 50 studies that have shown no impact on property values. In fact, some have known that property values increase because it actually promotes stability in the community. So I think it's really important to distinguish these -- kind of the anecdotes from what the research is saying. There's still a need for further research, particularly on larger homes, but they do exist. They do exist as FARR Level II certified recovery residences, and what distinguishes that is that it is a home -like environment. And I think I addressed -- did I miss anything? Any other questions about that? CHAIRMAN SCHMITT: I have a question on that. Well, what is the failure rate? I mean, we heard Dr. Rizzo make a statement. You're talking about recidivism. I can't even say the word. But is it -- because he made a statement, "Two to three fail for every one success." So that's about a 30 percent. MS. DAUPHINAIS: Our experience is usually there's two to three that are able to maintain long-term sobriety with an initial treatment episode while there may be one that returns to use. It's important to understand that substance use disorder is a medical condition. It is a chronic medical condition similar to diabetes, heart disease, asthma. There will be recurrence of symptoms over a lifetime with -- with this condition; however, they're managed medically in appropriate ways, and it's not always equated with a return -- with violent crime or what we've been hearing associated with return to use or a recurrence of symptoms. CHAIRMAN SCHMITT: A follow-on question, then. We have five in residence now. How many are in line waiting to get into a facility like this? MS. DAUPHINAIS: We've done snapshots. Yeah, I would say -- CHAIRMAN SCHMITT: Are we talking 20? 50? MS. DAUPHINAIS: Forty-five. I mean, it's not -- I'd have -- I can't give you the list. Between all of our knowledge of our community partners and people request -- making requests to have this kind of affordable supported housing, at one point it was up to 100 where we could count that inventory of need. CHAIRMAN SCHMITT: So the agreed -upon number here is additional 18 in resident -- I guess I'll call them patients or -- MS. DAUPHINAIS: Residents. CHAIRMAN SCHMITT: Residents. Why not 10? Tell me why not 10? Why -- I'm increasing this threefold now -- a little over threefold than what exists now. Why not twice -- twice only -- with 10 residents and two on site? MS. DAUPHINAIS: It's interesting, the report that Dr. Rizzo cited actually has a whole section, a whole chapter on the need for additional recovery residence, that there is -- there are more Floridians dying of substance use disorder than can have access to the care that they need. So this is a life -or -death situation in our community, in our state, and, frankly, across our country. And we're already behind the ball in terms of having enough housing for individuals trying to work on their recovery. So we would say that the sooner the Page 65 of 75 Page 69 of 499 February 6, 2025 better that we can expand the lifesaving access to this kind of housing would -- you know, we needed it 10 years ago, so -- times now. CHAIRMAN SCHMITT: Thank you. Anybody else, questions? COMMISSIONER COLUCCL• Yeah, I've got a question. I don't know if my question is -- you're the right one to answer this one. My question is why this location? Why, geographically, this location, and were other areas or locations considered? I'm not arguing at all with the need for this. All I want to know is why this location? MR. BURGESS: Yeah. Well, there's so many things that make this, we believe, to be a perfect location. Again, we believe that it being in the proximity that it is, it doesn't really have an impact on the neighborhood. We also, you know -- having access to 75 and major corridors for people to get to work is very helpful for their ability to find work and continue to work. Having the access to, if necessary, some additional treatment supports that could be available over at the David Lawrence Center campus across the street. There's a proximity there that we believe is very helpful. And then, you know, it is in an area -- when you look at these types of residences, you want them to have close proximity to groceries and other types of things that are necessary for somebody to sustain and survive and thrive, and that checks all those boxes. So it's definitely been what we've considered to be a perfect location. COMMISSIONER SPARRAZZA: Scott -- and just to make sure we all recognize, you already own the property? MR. BURGESS: We do. Yeah, we do already own the property. COMMISSIONER SPARRAZZA: Okay. COMMISSIONER COLUCCI: Well, that's a pretty good start. MR. BURGESS: Yeah, that helps. CHAIRMAN SCHMITT: I have one other question, if no -- any other commissioners. And this is probably going to go to staff and Mr. Yovanovich. But I'm, again, going back to Mr. Serna's paper and Dr. Rizzo's statement. Of course, their basis of the argument is this is really not a group care facility; it's an -- because of the size, it's an institutional facility. So staff has reviewed this, and they pretty much have concluded that it is a group care facility and not an institutional. Because, I mean, I wrote those down even when I first reviewed, that this thing was such a size that it came across to me as -- almost as an institutional facility rather than as a group care facility. MR. BOSI: Mike Bosi, Planning and Zoning director. There's two different distinctions. By the land development and how we treat these facilities, it's a care facility. How the medical -- how the psychological community treats certain facilities because of number and the type of work that they're doing, we have no expertise on that. I defer to -- I'd defer to the medical community. But how we treat it by our Land Development Code, it's a care unit. CHAIRMAN SCHMITT: So, again, it's -- from a staff perspective it is not institutional. It is a care -- group care facility? MR. BOSI: Correct. CHAIRMAN SCHMITT: All right. Well, this really comes down to compatibility, and it's compatibility -- and from what I heard from everyone -- and I'm Page 66 of 75 Page 70 of 499 February 6, 2025 going to look at my commissioners, but do you have any other closing comments before we close the public opinion -- or public comments? MR. YOVANOVICH: I was going to -- that was exactly where I was going to go. It's a house. It looks like a house, it operates like a house, and it is in a residential area. But remember, it's a care unit by definition. It can be anywhere. Not only in the Estates; it can be in any other residential zoning district. From a compatibility standpoint, it looks like a house. It's going to operate like a house. It's got bigger setbacks than is required in the Estates. It has appropriate -- the neighborhood requested the wall, things like that. So your staff has determined that it is compatible. It's really no impact on the roads. We're going to provide central water and sewer. So there was some concern that I heard kind of uniformly that you don't want a big, large septic tank and a drain field. That's -- so we'll have water and sewer. You had -- Mr. Chairman, you had the concern about fire, making sure there was adequate fire [sic] flow for water. All taken care of Operationally, it's going to function like a house, and how we pick people to live there is more secure than what the neighborhood can pick. And with that, we -- this is the right location, it's an important use, and we hope that you will make a recommendation to the Board of County Commissioners for approval on both the small-scale Growth Management Plan amendment as well as the PUD rezone. CHAIRMAN SCHMITT: And, Randy, you have a question? COMMISSIONER SPARRAZZA: Yes. Rich -- and, Scott, thank you for everything you've done today. Rich, you made a comment earlier, something to the effect of, "Would you like to see us set up a hotline at DLC for concerned residents?" I think we went through something similar on the previous opportunity that was presented when we expanded David Lawrence. Has anything like that been set up? MR. YOVANOVICH: Yeah. Yes. COMMISSIONER SPARRAZZA: And can we -- MR. YOVANOVICH: That facility's not open yet, but it's -- COMMISSIONER SPARRAZZA: Right. MR. YOVANOVICH: When it opens, it will be there for there to be a person to call. COMMISSIONER SPARRAZZA: And maybe on the website, should this go through, can there be something that ties, quote, anything with a concerned resident area, you call this number and you get somebody? MR. YOVANOVICH: Absolutely. MR. BURGESS: Absolutely. COMMISSIONER SPARRAZZA: Great. And not for you, but if I may, I'd like to ask staff -- not sure which one. Another silly idea of mine. As you look at the map that's up here, if we look at the intersection of where 62nd is going -- that's east and west, and where it makes a left-hand turn and goes north and south, County, is it possible to make a groomed legitimate pathway to go from that corner over to the sidewalk that's on Golden Gate so that residents could actually walk north on 62nd, cross over, get to the sidewalk, continue to walk east if they need to go to stores or the bus stop or whatever? It may be farfetched, but I thought I would just put that out there. Page 67 of 75 Page 71 of 499 February 6, 2025 MR. YOVANOVICH: And I think, Mr. Sparrazza, to speak for staff, we had committed to making that connection if we could get the permits. COMMISSIONER SPARRAZZA: Oh, I'm sorry. I thought when you said "connection," you were talking about water. MR. YOVANOVICH: No, no. I was also talking about a physical -- I think you're talking about right around this area right here? COMMISSIONER SPARRAZZA: Yes, sir. MR. YOVANOVICH: Yeah. If he can get the permits from FDOT. Because it's part of the I-75 -- COMMISSIONER SPARRAZZA: And it's in the corridor area? MR. YOVANOVICH: Yeah. So if we can get the necessary permits, we would. And then I think someone said, "Well, they'll walk that way anyway because it's human nature." So we'll either have a pathway for them, or overtime --you know when you were in college and you walked on the grass, they would put the sidewalks there later because that's how they figured out where the sidewalks would go. COMMISSIONER SPARRAZZA: Okay. Thank you for that. I misinterpreted that. MR. YOVANOVICH: We had said that, and we are happy to do that. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN SCHMITT: All right. With that, I close the public hearing. I defer to our commissioners for deliberation. Just my statement, basically everything we've heard, it's really more compatibility than use, and the argument is that, because of the clientele that are being treated at the site, it's deemed incompatible. And Mr. Serna's comments certainly in his paper, well written and analyzed. So it's -- again, his comments were based on compatibility. And so I defer to my commissioners for any further discussion. I'm just going to hold off making any comments until I hear from you -all. So does anybody have any comments? COMMISSIONER SHEA: I support you. It's a very difficult situation. I've been through it in different sort of ways in our community where everybody has a picture of what's going to happen. You know, doom and gloom, and how do you put the fail -safes in to make sure that it doesn't happen? I guess at this point I feel comfortable that we have the fail -safes with the setbacks and the layouts and the professional organization. I support it. CHAIRMAN SCHMITT: Support it at the size being asked? COMMISSIONER SHEA: Correct. CHAIRMAN SCHMITT: Okay. Next? Anybody else? Go ahead. COMMISSIONER COLUCCI: Well, when push comes to shove, it seems to me compatibility can be best summed up as "not in my backyard." CHAIRMAN SCHMITT: Right. COMMISSIONER COLUCCI: So let's just call a spade a spade. That's what compatibility means, "Not in my backyard." CHAIRMAN SCHMITT: Well, to be clear, there is -- COMMISSIONER COLUCCL• They can justify it by the numbers. He's got numbers to justify it, but that's -- that's not what's going on here. Compatibility is "not in Page 68 of 75 Page 72 of 499 February 6, 2025 my backyard." CHAIRMAN SCHMITT: Okay. Randy. COMMISSIONER SPARRAZZA: There's been a lot of conversation both for and against this project. I think the reasons the people were asking for it not to be done were met with mostly positive results by the petitioner in saying, "What do you want? What will make it better? What would put you at some ease?" We're never at 100 percent ease. Personally, as we've all said, you're not quite sure who's living next door. You don't interview them before you buy your lot. You might be in a gated community, and there's crazies living next door because they had the money to buy, or whatever. But I think with everything that has been put against the petitioner on what the residents would like to see, besides not seeing it there at all, NIMBY, "not in my backyard" -- they've asked for a wall; they got it. The Board here -- and I'm guessing even the county has said, "You know, septic and well really isn't great." That's off the table. As Rich said, "We're going to do that." Okay. So we've pulled those two items off. Agreeing to have communications set up at DLC for, "I've got a concern. Can you double-check on this?" "Sure. Let's go back and look at the videotapes. No one came in and out of our building, so it must have been a wild squirrel you heard and not someone else." They've gone through certain treatment programs within DLC. The -- so equivalent to -- somewhat equivalent. I am no expert to a 12-step program, but it's not like they're walking in off the street and going to this home. They've gone through a couple of prerequisites. They've gone through the screening. It is the same program, more or less, that they're currently doing with very little problems or difficulty. And if they're going to extend that to give 18 more county residents the opportunity to get well when, from what I understand, there's roughly, we'll say, 50 to 60 available beds in the entire county of this in a county of 420,000, I think it's shameful on us if we don't move forward with this, and I'm in favor of the project. CHAIRMAN SCHMITT: Anybody else, comments? COMMISSIONER McLEOD: I was just going to say that based on the evidence and testimony that was presented today, I'm in support of this project. CHAIRMAN SCHMITT: Okay. COMMISSIONER PETSCHER: This is -- I think that if this wasn't a rehab facility, we wouldn't be here today. I think that if somebody wanted to build a 20-home [sic] single-family home there, which it is a single-family home, there would be no opposition. If it was a dorm room, there would be no opposition. And if there was a -- if it was a woman's shelter, there would be no opposition. But because of the -- because of what it is, everybody's passionate about it. I feel that the DLC has taken adequate steps to meet the community's needs with the water, with the wall, with the cameras, with the dedicated phone line, and even the sidewalk that they automatically agreed to, that it's in -- it I support the project. CHAIRMAN SCHMITT: I have two comments I'll add. One is we've already agreed to the connection to the Collier County Water/Sewer District. The other is a dedicated 24/7/365 line that anybody can call if there's an issue. I do really have some concerns about the disparity of what the lieutenant put on the Page 69 of 75 Page 73 of 499 February 6, 2025 record versus Dr. Rizzo's statement in regards to what he has said is on the record. I'm assuming those were right off the record of the sheriffs department and the disparity between what was stated on the record, "we were there for a minor investigation" versus the incidents he brought up. I'm not going to get into one or the other. Lieutenant, you're raising your hand or -- no? LT. WEIDENHAMMER: I can speak to that if you would like. CHAIRMAN SCHMITT: Well, yes. I'll open the public hearing, because I'd like for you to speak to that. Because there was some -- basically, it wasn't -- he didn't state it, but he's saying that what was on the record is not per your statement that you made on the record. LT. WEIDENHAMMER: I can't tell you exactly what I said, but I'm pretty sure I said that there were no criminal things there and that some of the -- some of the things were brushfire, folks' calls down at the end of the street at the canal, and a medical call. And I'm aware of what he brought up as well. CHAIRMAN SCHMITT: Okay. Thank you. I just want to make sure that -- I mean, what was implying here that the record was not in sync with what he pulled -- allegedly pulled off the Collier County Sheriff record. And I know he just held it up. LT. WEIDENHAMMER: Sure. CHAIRMAN SCHMITT: But I don't want to get into it any further, but I understand. LT. WEIDENHAMMER: I have those, too. CHAIRMAN SCHMITT: Okay. LT. WEIDENHAMMER: And I was asked a very general question. And I will tell you that the things that he said on there, the fire alarms and stuff, I have those as well. What I did say, there were no criminal things that we had been called for there. A fire alarm, medical call is not criminal. Coming to serve a civil process paper is not criminal. CHAIRMAN SCHMITT: Right. LT. WEIDENHAMMER: So I have all those as well. CHAIRMAN SCHMITT: Okay. Thank you, just for clarity. On the 24/7 call center, which we've talked about, or at least response center, that goes to the caretaker at the home? Can you -- can I ask that question? MR. BURGESS: I guess what we would want to do is determine what you -all would like to see. We have a 24/7/365 call number that's open to the community at all times. There's always somebody that is manning that phone. So we would probably have a mechanism where they would call our 24/7/365 number. Then that individual that would be housed over across the street on our main campus, then that individual would have direct contact with the folks that run the program, and then we would follow up with the neighbors. CHAIRMAN SCHMITT: Yeah. Because my concern, quite honestly, is even if the person calling perceives that it's a problem, I want you -all to investigate to determine whether it is a problem. And maybe somebody just walking down the street, I don't know. But -- and if it requires coordination with the county Sheriffs Office, then we do that with the county Sheriffs Office as well. The screaming for help, whatever that issue was, if that was the -- your other campus, but those kind of things certainly would raise the ire of the community. Page 70 of 75 Page 74 of 499 February 6, 2025 MR. BURGESS: Sure. CHAIRMAN SCHMITT: And I fully understand that. MR. BURGESS: Yeah. Obviously, we do as well. We want to commit to being available and communicative and work in partnership with our neighbors as well as work in partnership with the Sheriffs Office. Leslie is somebody that we work with all the time, and whenever we have any type of issue, a challenge that comes up, we always want to do some sort of debriefing to determine exactly what happened and make sure that whatever we can do to resolve the issue we do to resolve the issue. CHAIRMAN SCHMITT: Does the -- and I'll ask the Collier County attorney here, does this require any type of certificate of use from the county that if there are any continuing issues, that the county would pull the license or whatever you call it from -- for this place to continue to operate? Is there a certificate of use? Not a CO, not a building permit. But this is a -- for all intent and purposes, is a group care facility. And if they violate -- continue to violate, it's either a code issue, or can the county commissioners pull their certificate and say, no, they no longer can operate? MS. ASHTON-CICKO: I believe the licensing is through the state. Rich can probably answer that better as far as the recovery residence. They'd get an occupational license probably. They already have that. CHAIRMAN SCHMITT: Because I'm looking for a pathway that if this -- there's continued abuse, that the community can say, "Enough's enough," and that they can pull the operational license of this facility. Because there's got to be some kind of a threshold that says, "Okay. This is what they said, but they're not living up to what they said." And I don't -- but that's not a zoning issue, but it is sort of a compatibility issue. I don't know. MR. YOVANOVICH: The way it works is David Lawrence Center can't put anybody in a home that doesn't have the FARR. Thank you. I'm blanking -- FARR certification. But we don't -- we're recognized by DCF, but we're not -- we don't have a specific approval from the county. CHAIRMAN SCHMITT: Okay. MR. YOVANOVICH: So the mechanism to enforce it would be through Code Enforcement should we violate. And as you know, those fines can get pretty hefty, so you get into compliance pretty quick if there's -- if there is an issue. Again, I appreciate that people are worried about, you know, the worst -case scenario, but you have an operator here who's been here for 56 years. We're not getting to that position. And, Mr. Schmitt, there was one thing -- maybe you were going to get to it on your list, but Heidi brought up that the commitment to architecturally this was going to be designed to look like a single-family home. CHAIRMAN SCHMITT: Correct. That was the last one. MR. YOVANOVICH: We need to add that to the -- CHAIRMAN SCHMITT: Criteria. MR. YOVANOVICH: I wasn't sure if you had that on your list or not. CHAIRMAN SCHMITT: Not specifically as presented in the slides, but it would be a single-family home. MR. YOVANOVICH: It would -- yes. Page 71 of 75 Page 75 of 499 February 6, 2025 CHAIRMAN SCHMITT: Anybody making a recommendation? COMMISSIONER SHEA: No. I just had another comment. CHAIRMAN SCHMITT: Oh, there, Paul. Go ahead. COMMISSIONER SHEA: Just the follow-up on the -- when we had the last David Lawrence facility come up, we talked about this hotline, and I don't think we need to wait until the last -- I mean, you have one facility -- MR. YOVANOVICH: Sure. COMMISSIONER SHEA: -- one operating. I'd like to see you formalize what you say you have so the residents know how it works and implement that so everybody understands it now. MR. YOVANOVICH: Yeah, and we can, because we are operating. But my -- I understood the question about, "What was approved across the street, is that in place?" And I said, "Well, not yet because the facility across the street's not operational." COMMISSIONER SHEA: No, I didn't take it that way. MR. YOVANOVICH: Okay. COMMISSIONER SHEA: No, I was just --it just seemed like it wasn't formally in place, but there was something there. So I just say make it more formal. MR. YOVANOVICH: Got it. COMMISSIONER SHEA: I understand. MR. YOVANOVICH: Understood. CHAIRMAN SCHMITT: When we approved the facility across the street, Scott, didn't you make a commitment that you would periodically -- I don't know what you want to call it -- meet with the community to vet any problems or concerns? I don't know if -- MR. BURGESS: Correct. CHAIRMAN SCHMITT: -- what we decided on, quarterly or otherwise, that you would -- you would hold some kind of a forum at least to listen and if there were any concerns on how the facility, quote, operated. MR. BURGESS: Yeah, absolutely. And we would welcome, you know, all neighbors to that. So we have actually a neighborhood meeting that we had scheduled for next week, and unfortunately, the neighbors asked for that to be postponed. So we are going to be meeting later this month. So we will -- and we will have those meetings with regularity, and obviously, we would be taking input related to anything that's happening at our main campus. Anything that's happening at Hope Home would also be welcome to come up there for discussion and for us continuing to be good neighbors. CHAIRMAN SCHMITT: Does the -- any of the board of directors, like, during the day, make visits, say, "We're going to come out and do a visit and see how things are going"? MR. BURGESS: Oh, sure. CHAIRMAN SCHMITT: I'm just concerned that this thing just doesn't get out of -- get out of -- you know, sort of get out of scale or whatever happens there. What you're stating and what you're going to do, I'm sure the board monitors that closely. MR. BURGESS: Oh, yes. We have -- CHAIRMAN SCHMITT: Chris is gone. I know he's on your board and -- MR. BURGESS: Yeah -- no. I mean, we have monthly board meetings where we review all of -- we have 46 different programs -- CHAIRMAN SCHMITT: Yeah. Page 72 of 75 Page 76 of 499 February 6, 2025 MR. BURGESS: -- and support, you know, over 9,000 unique individuals in treatment services at DLC. So every one of our board meetings, we talk about what's happening operationally. We review with the board, on a regular basis, incidents that happen so that they're really aware of what's happening in real time in all of our programs, and we will regularly spotlight a program at each one of the board meetings so -- of which Hope Home and this Hope Home expansion has been big topics of discussion as we continue to try to move this important initiative forward. CHAIRMAN SCHMITT: Okay. Thanks. Anybody make a motion? I didn't hear any motions. COMMISSIONER SPARRAZZA: I'll get a crack at it. I would like to move forward with a motion to approve. I don't have the numbers. CHAIRMAN SCHMITT: PL20220005195. That is The Hope Home II subdistrict GMPA and -- COMMISSIONER SPARRAZZA: Accompanying. CHAIRMAN SCHMITT: -- with also accompanying vote, so it would be a separate vote, but it's still inclusive -- we could make it the same vote -- PL20220005096. That's The Hope Home PUDZ, 3150 62nd Street. COMMISSIONER SPARRAZZA: With the attached conditions, we just mentioned them, but maybe they need to be all on the record. CHAIRMAN SCHMITT: I'll go through them. Connection to the Collier County Water/Sewer District, 24/7 dedicated call center or response line, and that the house will be constructed, as discussed, it would be a single-family structure -- or single -floor structure, not a multistory. MR. YOVANOVICH: And if we can get the permit for the sidewalk -- CHAIRMAN SCHMITT: Permit for the sidewalk. We're going to hold Mike -- Mike Sawyer back there responsible for making sure that happens. MR. YOVANOVICH: And I'm assuming those conditions would be in the PUD, not in the Growth Management Plan. CHAIRMAN SCHMITT: Those conditions are in the PUD. UNIDENTIFIED SPEAKER: What about the wall? CHAIRMAN SCHMITT: The wall is already in the record. Clearly, the wall's already in the record and stated. MR. YOVANOVICH: It's already in the PUD. It's already in the PUD. CHAIRMAN SCHMITT: It's already in the PUD. MR. YOVANOVICH: So are -- all the operational standards are in the PUD. COMMISSIONER SPARRAZZA: Anything else? CHAIRMAN SCHMITT: That's it. I think -- COMMISSIONER SPARRAZZA: Anything else from colleagues? CHAIRMAN SCHMITT: We'll call the vote. COMMISSIONER SPARRAZZA: We need a second. COMMISSIONER McLEOD: We need a second. COMMISSIONER SHEA: Second. CHAIRMAN SCHMITT: Oh, second. Paul made the second, thank you. All in favor, say aye. COMMISSIONER SHEA: Aye. COMMISSIONER COLUCCI: Aye. Page 73 of 75 Page 77 of 499 February 6, 2025 CHAIRMAN SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER PETSCHER: Aye. COMMISSIONER McLEOD: Aye. CHAIRMAN SCHMITT: Any opposed, by like sign. (No response.) CHAIRMAN SCHMITT: It passes unanimously. MR. YOVANOVICH: Thank you. COMMISSIONER SPARRAZZA: Old business? CHAIRMAN SCHMITT: Old business. I don't think we have any old business. And any other public comments? No public comments. Now, we do have to decide on our March meeting. I've not seen anything more on that. We did -- you were -- we canvassed, and we're going to -- this is for the LDC amendment. MR. BOSI: March 6th -- CHAIRMAN SCHMITT: March 6th. MR. BOSI: -- was when the majority of folks were available for a nighttime meeting, and that meeting only has one other petition, so we're going to start it at 3 o'clock. And we will send out reminders to the Planning Commission. CHAIRMAN SCHMITT: So we're going to start at 3? MR. BOSI: Yes. CHAIRMAN SCHMITT: And then we'll do the petition and then go right into the LDC amendment. The LDC amendment was what? MR. BOSI: There's two LDC amendments related to the -- to the housing initiatives as well as the Immokalee area overlay. CHAIRMAN SCHMITT: Okay. Was the Immokalee area overlay going to be -- MR. BOSI: I mean, it's the implementation of the Immokalee Area Master Plan in the LDC. So it's more procedural. It's straightforward. It's just incorporating the direction of the Immokalee Area Master Plan into the LDC. COMMISSIONER SPARRAZZA: And we can't start the second part until 5:30 because it's -- MR. BOSI: 5:05. CHAIRMAN SCHMITT: 5:05. COMMISSIONER SPARRAZZA: 5:05. Okay. And dinner served? Be careful what you say. MR. BOSI: We're looking into options. COMMISSIONER SPARRAZZA: Okay. CHAIRMAN SCHMITT: Motion to adjourn? COMMISSIONER SPARRAZZA: Thank you. Adjourn. CHAIRMAN SCHMITT: Thank you. Page 74 of 75 Page 78 of 499 February 6, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:27 p.m. COLLIER COUNTY PLANNING COMMISSION JOE SCHMITT, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 75 of 75 Page 79 of 499 3/6/2025 Item # 9.A ID# 2025-349 PL20240006561- Sierra Meadows PUDA - Rattlesnake -Hammock Road (C.R. 864) and C.R. 951 - The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 1999-91, as amended, the Sierra Meadows Mixed Planned Unit Development by changing the floor area ratio for group housing on Lots 8 and 9 of the Sierra Meadows Subdivision from .45 to .60, and providing an effective date. The subject property, consisting of 14.3+/-acres of a 90.8+/- acre MPUD, is located at the southwest quadrant of the intersection of Rattlesnake -Hammock Road (C.R. 864) and C.R. 951, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III, GMCDD, Zoning Division] ATTACHMENTS: 1. Staff Report Sierra Meadows PUDA 2-7-25 2. Attachment A -Sierra Meadows PUD Ordinance 012725 3. Attachment B-Ordinance 99-91 4. Attachment C-GMP Consistency Memo 1-31-25A 5. Attachment D-Application 6. CCPC Published Ad 2-18-25 7. Sign Affidavit and Photos 2-20-25 Page 80 of 499 Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: MARCH 6, 2025 SUBJECT: PUDA-PL20240006561, SIERRA MEADOWS PLANNED UNIT DEVELOPMENT (PUD) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner: S-H Naples Development Propco, LLC ("Propco") 3461 Bonita Bay Blvd., Suite 100 Bonita Springs, FL 34134 Lot 8 Property Owner: Britton (Naples) LLC 2711 North Haskell Avenue, Suite 1700 Dallas, Texas 75204 Aizents: Patrick Vanesse, AICP The Neighborhood Company 5618 Whispering Willow Way Fort Myers, FL 33908 REQUESTED ACTION: Applicant: Florida Property Investment Partners, Inc. 5900 North Andrews Avenue, Suite 410 Fort Lauderdale, FL 33309 Francesca Passidomo, Esq. Coleman, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 1999-91, as amended, the Sierra Meadows Mixed Planned Unit Development by changing the floor area ratio for group housing on Lots 8 and 9 of the Sierra Meadows Subdivision from .45 to .60, and providing an effective date. PUDA-PL20240006561, SIERRA MEADOWS PUD Page 1 of 12 February 7, 2025 Page 81 of 499 � ■■ B� � | § zk k Pl P■ s % dub CT ƒ 2R A U§ ;6d , o Q CO®r r 1e a Ca � � C_ �C 0 N CL � � C 0 co U 0 J PUo$29km£@,SIERRA MEADOWS PUD Page 2a» February »ma q I NAPLES FOREST COUNTRY CLUB PUD 1 I II y uw rt uuL AccEsn I _ I a .T • XMM.�E T I R� I mE�D° a .mar M °nR^ r a• °"VATIO I -- CONSERVATION RC5ERVC DISTR TRACT 'C' ICT CDUD OLLCCEWOOP• ' ' • ' ' 1 i�i0 V CO / OD DUS PER ACRE NATIVE OPEN SPACE PRESERVATION ,� rmaim•, •, I .. 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S4-30 III I I I LCLT CULTURAL I — -—_PARRWAY� MASTER PLAN FROM ORDINANCE 99-91 MASTER PLAN/AERIAL OF SUBJECT LOTS PUDA-PL20240006561, SIERRA MEADOWS PUD Page 3 of 12 February 7, 2025 Page 83 of 499 GEOGRAPHIC LOCATION: The subject property, consisting of 14.3+/-acres of a 90.8+/- acre MPUD, is located at the southwest quadrant of the intersection of Rattlesnake -Hammock Road (C.R. 864) and C.R. 951, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this project is to modify the Sierra Meadows PUD to include a deviation to allow for a 0.60 Floor Area Ratio (FAR). The original Sierra Meadows PUD, approved in 1994, was repealed by Ordinance 99-91. (See Attachment B-Ordinance 99-91). The 90.8± acre PUD allows residential and commercial development. During the review of a Site Development Plan for Lot 6, it was noted that Lot 6 was used for the 0.45 Floor Area Ratio (FAR) calculation on Lots 8 and 9 when the Discovery Village group housing was developed. The applicant is requesting an amendment to the PUD to allow for a deviation from the 0.45 FAR to allow a 0.60 FAR to facilitate commercial development on Lot 6. (See Master Plan/Aerial on page 3.) According to information provided by the petitioner, the proposed development on Lot 6 will consist of two stand-alone commercial buildings, including a proposed Starbucks, consistent with the currently approved land uses in the PUD. The approval of the proposed 0.60 FAR will allow for the existing 0.51 FAR on Lots 8 and 9 and will allow for originally intended commercial development on Lot 6. SURROUNDING LAND USE AND ZONING: North: Rattlesnake Hammock Road, a six -lane minor arterial roadway, and then developed residential, golf course, and commercial with a zoning designation of Naples Lakes Country Club PUD, East: Collier Boulevard, a six -lane arterial roadway, and then undeveloped commercial with a zoning designation of Hacienda Lakes PUD, and a hospital with a zoning designation of Collier Regional Medical Center PUD South: Lely Elementary School with a zoning designation of Lely Resort PUD and offices with a zoning designation of Edison Village PUD West: Undeveloped land with a zoning designation of Rural Agriculture (A) PUDA-PL20240006561, SIERRA MEADOWS PUD Page 4 of 12 February 7, 2025 Page 84 of 499 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and found it consistent with the GMP's Future Land Use Element (FLUE). For further information, please see Attachment C-GMP Consistency Memo. Transportation Element: Transportation Planning staff reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). There is no proposed increase in the number of group housing units and no additional traffic generation for this development. Additionally, operational impacts will be addressed at the time of the next development order (SDP, SDPA, or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans or amendments, are sought. Therefore, the subject amendment can be found consistent with Policy 5.1 of the Transportation Element of the GMP. PUDA-PL20240006561, SIERRA MEADOWS PUD Page 5 of 12 February 7, 2025 Page 85 of 499 Conservation and Coastal Management (CCME): Environmental Review staff has found this petition to be consistent with the Coastal and Conservation Element (CCME). The proposed changes do not affect any of the GMP's environmental requirements. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below under the heading "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD document, Ordinance 99-91, as amended. A minimum of 38.3 acres of native vegetation has been placed under preservation (Plat Book 39, Pages 11-13 and OR 2699, Page 2490). This project does not require Environmental Advisory Council (EAC) review, as it did not meet the EAC's scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition and recommends approval. Utility Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District (CCWSD). The project has already received CCWSD water and wastewater services. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the PUDA-PL20240006561, SIERRA MEADOWS PUD Page 6 of 12 February 7, 2025 Page 86 of 499 subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The surrounding land uses remain the same as when the Sierra Meadows PUD was approved on December 14, 1999. The land across Rattlesnake Hammock Road and to the north of the 90.8± acre Sierra Meadows PUD is a developed golf course, residences, and commercial within the Naples Lakes Country Club PUD. The land across Collier Boulevard and to the east is a developed hospital with a zoning designation of Collier Regional Medical Center PUD and undeveloped commercial with a zoning designation of Hacienda Lakes PUD. The land to the south is Lely Elementary School, with a zoning designation of Lely Resort PUD, and offices, with a zoning designation of Edison Village PUD. The land to the west is undeveloped, with a zoning designation of Rural Agriculture (A). The development standards will remain the same as previously. The proposed amendment to add a deviation to increase the FAR from 0.45 to 0.60 does not change any of the previous findings of compatibility. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, policies, future land use map, and the GMP elements. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as developed and residential, golf course, institutional, commercial, and developing commercial. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed FAR deviation of 0.60 will not change the previous finding that the subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed FAR deviation from 0.45 to 0.60 will not change the previous finding that the district boundaries are logically drawn, as discussed in Items 2 and 3. PUDA-PL20240006561, SIERRA MEADOWS PUD Page 7 of 12 February 7, 2025 Page 87 of 499 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to seek a deviation to increase the FAR from 0.45 to 0.60. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed deviation to increase the FAR from 0.45 to 0.60. will not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change does not increase the previously approved maximum number of daily trips. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Amendment will not reduce light and air to adjacent areas inside or outside the PUD. 10. Whether the proposed change would adversely affect property values in the adjacent area. The proposed change will have little impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change is minor and will have little impact on the improvement or development of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Amendment does not constitute a grant of special privilege. Consistency with the FLUE is PUDA-PL20240006561, SIERRA MEADOWS PUD Page 8 of 12 February 7, 2025 Page 88 of 499 further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed development of Lot 6 cannot occur without a deviation on Lots 8 and 9 to allow a 0.60 FAR. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There is no change in the currently approved uses. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria outlined in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the impacts on the Level of Service (LOS) will remain unchanged. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUDA-PL20240006561, SIERRA MEADOWS PUD Page 9 of 12 February 7, 2025 Page 89 of 499 PUD FINDINGS: LDC Section 1O.O2.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The currently approved commercial, residential, and conservation land uses will not change. There is no proposed change to the previously approved traffic, access, and drainage. The project already receives CCWSD water and wastewater services. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that the developer will provide appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure. 3. Conformity of the proposed Planned Unit Development with the GMP's goals, objectives, and policies. County staff has reviewed this petition and offered an analysis of the GMP's relevant goals, objectives, and policies within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed 0.60 FAR will not change the internal and external compatibility of the CPUD. S. The adequacy of usable open space areas inexistence and as proposed to serve the development. The 30% open space set aside for this project meets the minimum requirement of the LDC. PUDA-PL20240006561, SIERRA MEADOWS PUD Page 10 of 12 February 7, 2025 Page 90 of 499 S. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. As previously stated, the project already receives CCWSD water and wastewater services. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 6. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including CCWSD potable water and wastewater mains, to accommodate this project. 7. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking a deviation to increase the FAR from 0.45 to 0.60. Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The petitioner's rationale and staff analysis/recommendation are outlined below. Deviation #1 Deviation #1 seeks relief from LDC section 5.05.04 D.1, Group Housing, which states that the maximum floor area ratio (FAR) for assisted living facilities (ALF) or independent living facilities (ILF) shall not exceed 0.45 to allow for a maximum FAR of 0.60 on Lots 8 and 9. Petitioner's Justification: The petitioner states the following in support of the deviation: Although the LDC limits FAR for ALFs and ILFs to 0.45, an increase to 0.60 is a common deviation approved through the PUD rezone or amendment process. During the approval process for the Discovery Village site development plan amendment (SDPA) PL20150000071 for Lots 8 and 9, an undeveloped commercial tract (Lot 6) adjacent to the project site was used as part of the FAR calculation in order for the project to be PUDA-PL20240006561, SIERRA MEADOWS PUD Page 11 of 12 February 7, 2025 Page 91 of 499 within the standard maximum FAR of 0.45. Maximum square footage per the FAR was calculated as follows: 301,174 SF (Lot 8) + 322,538 SF (Lot 9) + 84,937 SF (Lot 6) *0.45 = 318,892 SF FAR provided: 120,800 SF (Phase 1) + 198,088 (Phase 2) = 318,888 SF As demonstrated in the approved SDPA, Discovery Village Phases I and 2 were built entirely on Lots 8 and 9; Lot 6 remained undeveloped and was only used for FAR calculation. The net FAR on Lots 8 and 9 is calculated as follows: 301,174 SF (Lot 8) + 322,538 SF (Lot 9) = 623,712 SF 318,888 SF (Phases 1 and 2) / 623,712 = 0.51 The requested deviation for maximum FAR on Lots 8 and 9 has effectively no impact on the site as it exists today; Discovery Village has been fully built out in compliance with all development standards and buffer requirements of the existing MPUD. The use of Lot 6 in the calculation of the FAR for the ALF/ILF on Lots 8 and 9 rendered Lot 6 effectively undevelopable. Increasing the maximum FAR for group housing unencumbers Lot 6, allowing it to be developed in accordance with the intent of the MPUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on December 3, 2024, at the Shepard of the Glades Church, 6020 Rattlesnake Hammock Road, Naples, Florida. There were no attendees. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on February 7, 2025. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20240006561, Sierra Meadows PUD, to the BCC with a recommendation of approval. Attachments: Attachment A -Proposed PUD Ordinance Attachment B-Ordinance 99-91 Attachment C-GMP Consistency Memo. Attachment D-Application PUDA-PL20240006561, SIERRA MEADOWS PUD Page 12 of 12 February 7, 2025 Page 92 of 499 ORDINANCE NO.2025 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 1999-91, AS AMENDED, THE SIERRA MEADOWS MIXED PLANNED UNIT DEVELOPMENT BY CHANGING THE FLOOR AREA RATIO FOR GROUP HOUSING ON LOTS 8 AND 9 OF THE SIERRA MEADOWS SUBDIVISION FROM .45 TO .60, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.3+/- ACRES OF A 90.8 ACRE MPUD, IS LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE -HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL202400065611 WHEREAS, on September 14, 1999, the Board of County Commissioners approved Ordinance No. 1999-91, which amended the Sierra Meadows Planned Unit Development (PUD); and WHEREAS, the Collier County Hearing Examiner approved insubstantial changes to the PUD in HEX Decisions 2015-14 and 2017-01 in accordance with the Collier County Land Development Code; and WHEREAS, Patrick Vanasse, AICP of The Neighborhood Company and Francesca Passidomo, Esquire of Coleman, Yovanovich & Koester, P.A. representing Florida Property Investment Partners, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 1999-91, the Sierra Meadows MPUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section IV, Commercial District, of the Mixed Planned Unit Development Document, attached to Ordinance No. 1999-91, as amended, Sierra Meadows MPUD. Section IV, Commercial District, attached to Ordinance No. 1999-91, as amended, is hereby amended to read as follows: * * * * * * * * * * * * [24-CPS-02557/ 1918339/ 11 63 SierraMeadows /PL20240006561 1 of 2 1 /27/25 Page 93 of 499 4.6 DEVIATIONS FROM LDC C. The following deviation from the Land Development Code is applicable to Lots 8 and 9 of Sierra Meadows subdivision. accordinc to the plat recorded in Plat Book 39. Paizes 11-13. Deviation #1: Seeks relief from LDC section 5.05.04 D.1, "Group Housing", which states that the maximum floor area ratio (FAR) for assisted living facilities (ALF,) or independent living facilities ILF) shall not exceed 0.45, to instead allow for a maximum FAR of 0.60 on Lots 8 and 9. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: wx- Heidi Ashton-Cicko 1-27-25 Managing Assistant County Attorney [24-CPS-02557/ 1918339/ 11 63 SierraMeadows /PL20240006561 1 /27/25 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman Page 94 of 499 DEC 1999 ORDINANCE 99- 91 left cRE Clerk of Board AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COIJ]FlE COUNTY, FLORIDA, BY AMENDING THE OFFICIAL 'ZONING ATLAS MAP NUMBERED 0622 BY CHANGING THE* 'ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA MEADOWS PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE -HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 90.8+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-64, THE FORMER SIERRA MEADOWS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Anderson, Esq., of Young, Van Assenderp, Varnadoe and Anderson and Greg Stuart, AICP, of Stuart and Associates, representing Land Trust Nap le9, petitip"'ed,tAe, Board of County Commissioners to change the zoning classification of the herein described rent property; ��� NOW THEREFORE BE IT ORDAINED BY THE BOARD bF-', COTIN'� COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0622, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 94-64, known as the Sierra Meadows PUD, adopted on December 20, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1-- Page 95 of 499 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/day of �441 , 1999. ATTEST: DWIGHT E. BROCK, Clerk ,Y At es As to Cheirmtft 9 slgina#ur•R only. Appro ed as to Form and Legal Sufficiency �Yl �:c� Marjori M. Student Assistant County Attorney ORDINANCE/PUD-94-01(I )ISM/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' ' /i -' y P ELA S. MAC'KIE, This ordinance filed with the / Secretary of St te's Office the day of , /M - and acknowledgement �Offy�that filing received this AZ clay of '+I . By oaw-h Cie dm Page 96 of 499 PUD-94-1(1) Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Sierra Meadows PUD A Mixed Use Development Prepared by: Stuart and Associates---�--- 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPQ Date Approved by BCC: /A//yj $�F Ordinance Number: 9P 9/ Page 97 of 499 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Residential District SECTION IV Community Commercial District SECTION V Conservation Reserve District SECTION VI General Development Commitments EXHIBIT "A" PUD Ordinance EXHIBIT "B" Master Concept Plan LIST OF EXHIBITS PAGE 3 5 6 11 16 20 21 2 Page 98 of 499 STATEMENT OF COMPLIANCE The development of 90.8+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Sierra Meadows PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial, residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951, and is classified as the Urban Commercial Mixed Use Activity Center on the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen (16) dwelling units per acre within the Activity Center. The Sierra Meadows PUD calls for a 30- acre plus commercial tract with an integrated three -hundred (300) multi- family dwelling unit tract. 2. Activity Centers are the preferred locations for the concentration of mixed - use residential and commercial development activities. The proposed development includes both residential and commercial uses which is entirely consistent with the Urban Commercial District Objective and associated Policies and Standards. 3. Provisions are included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on -site and off -site traffic movements and to provide interconnections for pedestrians, bicycles and motor vehicles for existing and future adjacent projects. 4. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community educational facilities to the south and future residential land uses to west. 5. The subject property's Mixed Use Activity Center location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. 6. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as Page 99 of 499 set forth in Policy 2.3 of the Future Land Use Element. The development project will be served by a full range of services and utilities provided by the County and will result in an efficient and economical expansion of facilities as required Policy 3.1 H of the Future Land Use Element. 7. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 8. The Sierra Meadows PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 9. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre, or 300 total maximum units. Land Use Area (1) Density Dwelling Units Total Site Area 90.8 Less Commercial Tract 30.2 ac. Right-of-way 3.1 ac. Multi -family Residential 18.7 ac. Preserve and Surface Water 38.8 ac Management Area Net Gross Area For Residential 60.6 ac Density Calculations -- ♦ Mixed Use Activity Center 5.1 ac. @16 DUS per ac. 82 DUS ♦ Residential Base Density 55.5 ac. @4 DUS per ac. 222 DUS ♦ Activity Center Density Band 55.5 ac. @ 3 DUS per ac. 166 DUS ♦ 2 Direct Access Connections 55.5 ac @ 1 DUS per ac 55 DUS Total Estimated Maximtn a Units 60.6 ac. 8.66 DUS per ac: 525 DUS Sierra Meadows PUD Amendment 60.9 ac. 4.93 DUS per ac. 300 DUS (1) Right-of-way, Corrunercial and Residential Tract areas to be finalized at Final Site Development Plan Review. Page 100 of 499 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Sierra Meadows PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The North one-half (9-1/2) of the North one-half (9-1/2), except the Northwest quarter (NW-1/4) of the Northwest quarter (NW-1/4) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Land Trust Naples. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property Is located within an Urban Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 PROJECT DESCRIPTION Approximately 40-acres of the 90.8 acre property are located within the Mixed Use Activity Center. The Sierra Meadows PUD will include a mixture of land uses for commercial, residential and conservation reserve. The mixed -use project will consist of a 30.2 plus acre commercial land use tract, approximately 3.1 acres of internal right-of-way, a 18.7-acre residential land use tract, and a 38.8-acre conservation reserve tract. The final size and configuration of the commercial, right-of-way, residential and conservation reserve tracts will be determined during final Site Development Plan approval process however, the final size shall not deviate more then five percent of the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plan is depicted within the Exhibit "A", PUD Master Plan. A maximum number of three hundred (300) dwelling units are proposed along with two - hundred and sixty thousand (260,000) square feet of gross commercial floor area. The Sierra Meadows PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. Individual tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Sierra Meadows PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Page 102 of 499 B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Sierra Meadows PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAMD USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for Pale 103 of 499 perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.10 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 90.8 +l- acres, requiring a minimum of 27.24 acres to be retained as open space throughout The Sierra Meadows PUD. The 38.8-acre conservation reserve tract will comprehensively meet the projects 30% open space requirement. The 30% open space requirement shall not apply to individual development parcels. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Page 104 of 499 Development Code, 25% of the viable naturally functioning native vegetation on site, or approximately 22.7 acres, shall be retained. The 38.8-acre conservation reserve tract will comprehensively meet the projects 25% native vegetation requirement. The 25% native vegetation requirement shall not apply to individual development parcels 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to Issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. ------ _ Page 05-of499-- Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site - clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County; 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A site -clearing plan shall be submitted for review and approval that shows the acreage to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b) The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c) The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon the issuance of a 10 _ Page 106 cf 499 building permit. A separate security will not be required if such costs are included in the subdivision security. 2.16 ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as "Residential'. 3.2 MAXIMUM DWELLING UNITS A maximum number of three hundred (300) Dwelling Units may be constructed on lands designated 'Residential' on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shall not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Multi -family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential District is eighteen and seven - tenth (18.7) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 11 Paae 1 Q of 499— 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multiple -family dwellings including Garden Apartments. 2) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs) pursuant to Section 2.6.26 of the Land Development Code. 4) Group Care Facility (category I and category ll) pursuant to Section 2.6.26 of the Land Development Code, excluding Homeless Shelters. 5) Nursing home facility pursuant to Section 2.6.26 of the Land Development Code. 6) Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 7) Guard houses and entrance gates. 8) Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 9) Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses: 1) Uses and structures that are necessary and Incidental to uses permitted as a right including, but not limited to, garages and carports. 2) Parks, passive recreational areas, boardwalks, observation platforms. 3) Biking, hiking, health and nature trails. 4) Water management facilities and lakes, including lakes with seawalls and other types of architectural bank treatment, and essential services. 5) Recreational shelters, restrooms, off-street parking, lighting and signage. 12 Page 108 of 499 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 2. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 3. Site development standards for single family attached and townhouses apply to individual residential lot boundaries. Multi -family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. 13 Panes 1 f1Q of dQ(a TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS PERMITTED USES AND STANDARDS SINGLE FAMILY ATTACHED & TOWNHOUSE MULTI - FAMILY DWELLINGS Category 1 2 Minimum Lot Area 3,000 SF per DU I AC Minimum Lot Width 30 150 Front Yard 20 25 Front Yard for Side Entry Garage 10 15 Side Yard 0 or .5 BH 0.5 BH Rear Yard Prineipal*2 20 BH Rear Yard Accessory 10 15 Maximum Building Height 35 55 Distance Between Principal Structures .5 SBH .5 SBH Floor Area Min. (S.F.) 1200 425 ♦ BH: Building Height • SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. ♦ SF: Square feet ♦ All distances are in feet unless otherwise noted. ♦ Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right- of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel is served by a platted private drive, the setback Is measured from the back of the nearest easement or property line, whichever is more restrictive. ♦ '1 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. ♦ '2 - Rear yards for principal and accessory structures on lots and tracts which abut a non - jurisdictional open space or native vegetation preservation area may be zero (0') feet except that when abutting a lake or water body; an architectural bank treatment shall be incorporated into the design. 14 ___ Page 110 of 499_ • *3 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. • *4- The zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi- detached units. ♦ *5 -Group care facility (category I and category II other than homeless) — 1,500 sq.ft. plus 200 sq.ft. per live-in person, beginning with the seventh live-in person. 15 Page 111 of 499 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the 'Commercial District that includes the project's internal right-of-way will be thirty and three -tenths (33.3) acres of which approximately three and one -tenth (3.1) acres will be for right-of-way. Net commercial land area will be thirty and two -tenth (30.2) acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to two hundred and sixty thousand (260,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development. 4.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, 0752, except for outdoor kenneling) 2. Amusements and Recreation Services - Indoor (7911 to 7933, 7991 and 7997) 16 Page 112 of 499 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Auto and Home Supply Stores (5531) 5. Automotive Services, Car Washes, Supplies and Gasoline Station, subject to Section 2.6.28 of the Land Development Code (Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation, but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.15.2.1.5 of the Land Development Code.) 6. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies). 8. Business Services (Groups 7311-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning, bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Services (8351) 10.Communications (Groups 4812-4841, except principal transmission towers) 11.Depository Institutions (Groups 6011-6099) 12. Drug Stores and Proprietary Stores (5912) 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 14. Hotels and motels (Groups .7011, 7021, 7041). 15. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 16. Food Stores (Groups 5411-5499) 17. General Merchandise Stores (Groups 5311-5399) 18. Group Care Facilities (Category I and II) Care Units and Nursing Homes, subject to Sec. 2.6.26 17 Page 113 of 499 19. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20.Health Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 22.Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 23. Legal Services (8111) 24. Libraries (8231) 25. Management and Public Relations Services (Groups 8741-8743,8748) 26.Membership Organizations (8611-8699) 27. Miscellaneous Personal Services (7291) 28. Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832). 30. Museums and Art Galleries (8412) 31. Non -depository Credit Institutions (Groups 6111-6163) 32. Paint, Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 34. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 35. Real Estate (Groups 6512, 6531-6541) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 6211- 6289) 38. Video Tape Rental (7841) 39.Vocationai Schools (Groups 8243-8299) 40.Any other general commercial use, which is comparable in nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the foregoing uses. 18 Page 114 of 499 4.4 ACCESSORY USES AND STRUCTURES Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict which the Planning Services Department Director determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Development Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right -of --way, the setback is measured from the adjacent right-of-way line. 19 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. Signs: As required by Division 2.5. of the Land Development Code. SECTION V CONSERVATION RESERVE DISTRICT 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as Conservation Reserve Tract. 5.2 GENERAL DESCRIPTION The 38.8-acre tract designated as Conservation Reserve on the PUD Master Plan is designed to accommodate a full range of conservation and limited water management uses, functions and berms. The primary purpose of the Reserve District is to conserve native on -site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for the enjoyment of The Sierra Meadows PUD residents, and to provide a native vegetative buffer for future adjoining residential uses to the west. The Conservation Reserve Tract consists of 35.9 acres of wetlands and uplands preserve, and 2.9 acres of a perimeter berm easement. The final size and configuration of the commercial, residential and conservation reserve tracts will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. 20 __—___ .____Page-116 of 499 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, berms, structures and lake bulkheads or other structural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with Jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Sierra Meadows PUD shall be responsible for control and maintenance of lands within the Reserve District. 01 Page 117 of 499 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.6 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other Instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. C. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code, including development monitoring report provisions. 22 Page1]8_oi499 -- 6.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. F. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 951 and the project entrance if and when the County warrants the project. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at all project entrances prior to the issuance of a Certificate of Occupancy. C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 23 D. The developer shall provide sidewalksibikepaths along all PUD development tract arterial roadway frontages at the time of final site development permitting and construction for each phase and parcel of the PUD. E. At each development access driveway, an additional 12 feet is needed for right turn lane facilities. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credits to the applicant. The applicant shall provide to the County in fee simple ownership, a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6.8 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 24 —_-_- Page 120 of 499 8. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. G. The 35.9-acre Conservation Reserve Tract will serve to meet all Land Development Code native open space requirements for the Residential and Commercial Tracts. A copy of the South Florida Water Management District Conservation Easement will be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. 25 — —Pag 1-2-"f 499 EXHIBIT B THE SIERRA MEADOWS PUD MASTER PLAN 26 Paae 122 off__ A t irk I�Q■^'Q� i.r�.�. wiva ...w w�W�riw�u,.aW.yy'/�1 (� •a*n,d smoav3N Y �Ja3IJ Fs'•t�� OLM(Wli�l0 ) 1 °yth ft" 101Q YaW 'IY�O 3K.i iNl Oa/Wm IIYC U4Yl OIYI S31MM � s ! a�< o.�� i�•i i � EIS STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-91 Which was adopted by the Board of County Commissioners on the 14th day of December, 1999, during Regular Session. ! o =• c-, WITNESS my hand and the official seal of the Board`1$f= 3y c. County Commissioners of Collier County, Florida, this 15trh`,4a�of a� December, 1999. !� DWIGHT E . BROCK Clerk of Courts anc Ex-officio to Board County Commissioner6.:: i/`� � ail '�. JYf i ily, �t,�f',• p,_ By: Ellie Hoffman, Deputy Clerk Pag"-24-of 499--- _f) Collier County CONSISTENCY MEMORANDUM TO: Nancy Gundlach, Planner III, Zoning Services FROM: Jessica Malloy, Planner II, Comprehensive Planning Growth Management Community Development Department DATE: January 31, 2025 SUBJECT: PL20240006561 Sierra Meadows Mixed Use Planned Unit Development Lot 6 (PUDA) REQUEST: To amend the Sierra Meadows Mixed Use Planned Unit Development (MPUD) allowable floor area ratio (FAR) from 0.45 to 0.6 for the existing assisted living facility (ALF) known as `Discovery Village,' located on Lots 8 and 9 of the MPUD. The adjustment in FAR will facilitate continued commercial development of the MPUD within Lot 6, proposing two commercial buildings to be consistent with the uses permitted by Ordinance 99-91. LOCATION: The subject site comprises the southwest quadrant of the intersection of Rattlesnake Hammock Road (CR 864) and Collier Boulevard (CR 951). COMPREHENSIVE PLANNING COMMENTS: The subject property is part of Activity Center #7, a designated Mixed Use Activity Center that is identified in the Mixed -Use Activity Center Subdistrict (MUAC) of the Urban Commercial District of the Future Land Use Element (FLUE) and on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Although the MUAC subdistrict does not include restrictions on maximum floor area ratios for ALFs and allows for all commercial uses, the subdistrict text provides a series of factors to consider for projects within Activity Centers. Many of these factors are already addressed within the initial rezoning in 1994 (Ord. 94- 64) and consequential rezoning (Ord. 99-91); however, an amendment to the zoning of the site presents a need to ensure that several of the factors will continue to be maintained should the project be approved. The full list of factors can be found within the MUAC text of the FLUE. The applicable factors considered during the review are factors j. and k., regarding interconnections: j. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. k. Interconnection(s) for pedestrians, bicycles, and motor vehicles with existing and future abutting projects. Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl_gov/ Page 125 of 499 A review of the property indicated that there is a need to improve pedestrian walkability, particularly between Lot 6 and the adjacent Discovery Village facility, as increased pedestrian, bicycle, and motorist traffic will result in the inclusion of this use. The improvements at Sequoia Drive and Sierra Meadows Boulevard will be reviewed at the time of the submission of the Site Development Plan application. Certain applicable Future Land Use Element (FLUE) policies are shown as follows in italics followed by staff analysis in bold text. FLUE Policy 5.6 (shown below in italics) followed by staff analysis in [bracketed bold text]. New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The MPUD features multiple access points to Rattlesnake Hammock Road, Collier Boulevard, and Lely Cultural Parkway through the Edison Village PUD. The connections provide for a multitude of accessible routes to the site.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The internal access road, Sierra Meadows BLVD, lends four points of connection to Discovery Village, which connects to both Rattlesnake Hammock RD and Collier BLVD.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The development has an existing interconnection point to the Edison Village PUD. This connection grants access to Sierra Meadows MPUD from Lely Cultural Parkway and the Lely Resort PUD.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [The Sierra Meadows MPUD features sidewalks throughout the site, allowing pedestrian access throughout the Activity Center quadrant. Multi -family apartments, known as Sierra Grande, incorporate 300 dwelling units at market rate within the MPUD. The Sierra Grande and Discovery Village buildings feature common spaces and amenities for residents typical of residential development, including a clubhouse, pool, and dog park. The commercial uses open to the public (RaceTrac and the future commercial building proposed to be a drive-thru restaurant) feature outdoor seating, which may be purposed as common space for patrons, entailing public access. No civic facilities currently exist in the development.] CONCLUSION: Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. • PETITION ON CITYVIEW Planning Application Status - Collier County - CityView Portal Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl_gov/ Page 126 of 499 THE NEIGHBORHOOD September 26, 2024 Eric Ortman Growth Management Community Development Department Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Sierra Meadows Planned Unit Development Amendment (PUDA) Submittal #1 PL20240006561 Mr. Ortman: Pursuant to the pre -application meeting held on June 6, 2024, The Neighborhood Company is pleased to submit, on behalf of our client, this PUDA Application for Lots 8 and 9 of the Sierra Meadows Mixed Use Planned Unit Development (MPUD) located in the southwest quadrant of the intersection of Rattlesnake Hammock Road and Collier Boulevard. As part of this application, please see the attached Narrative Statement describing the project as well as the following items included pursuant to the application Submittal Requirement checklist. For clarification, this amendment proposes no changes to the existing PUD ordinance language other than the addition of a list of deviations. 1. Narrative Statement 2. Completed PUD Amendment Application 2a. Additional Agents 3. Pre -Application Meeting Notes 4. Affidavit of Authorizations, signed and notarized 5. Property Ownership Disclosure Form 6. Covenant of Unified Control, signed and notarized (see application) 7. Completed Addressing Checklist 7a. Legal Descriptions 8. Warranty Deeds 9. Approved SDP for Discovery Village 10. Statement of Utility Provisions (see application) 11. TIS Waiver Request 12. PUD Exhibits A-F a. Exhibit A: List of Permitted Uses (N/A - no change) b. Exhibit B: Development Standards (N/A - no change) c. Exhibit C: Master Plan (N/A - no change) d. Exhibit D: Legal Description (N/A - no change) e. Exhibit E: List of Requested LDC Deviations f. Exhibit F: List of Development Commitments (N/A - no change) 13. Original Sierra Meadows PUD Ordinance 99-91 and Master Plan 14. Deviations and Justifications Sierra Meadows PUDA Page 1 of 2 PL20240006561 09/26/2024 5618 Whispering Willow Way, Ft Myers, FL 33908 1 239-398-2016 www.theneighborhood.companv Page 127 of 499 The PUDA review fees, an estimated total of $10,382.50, for the PUD Amendment, Comprehensive Planning Consistency Review, Legal Advertising, and Fire Planning Review Fees will be paid upon receipt of the Payment Slip. We look forward to your review and are available to answer questions related to this application. Sincerely, The Neighborhood Company Patrick Vanasse, AICP President Attachments: Application Submittal Requirements (listed above) cc: Francesca Passidomo, Esq. Andrew Rath, P.E. Sierra Meadows Lot 6 PUDA PL20240006561 09/26/2024 Page 2 of 2 5618 Whispering Willow Way, Ft Myers, FL 33908 1 239-398-2016 www.theneighborhood.companv Page 128 of 499 6000000, THE NEIGHBORHOOD COMPANY SIERRA MEADOWS MPUD Planned Unit Development Amendment (PUDA) NARRATIVE STATEMENT AND EVALUATION CRITERIA BACKGROUND & REQUEST The purpose of this request is to modify the Sierra Meadows Mixed Use Planned Unit Development (MPUD) floor area ratio (FAR) of 0.45 to 0.6 to reflect the FAR of the existing ALF/ILF facility known as "Discovery Village" located on Lots 8 and 9 of Sierra Meadows. The MPUD was approved 25 years ago, before a FAR deviation to 0.6 became a standard request in newer PUDs with the support of County staff. No changes are proposed to the list of permitted uses, total square footage, or density, or to areas devoted to conservation, open space, or access, all of which are already platted consistent with the MPUD master plan. Sierra Meadows Lots 8 and 9 comprise ±14.3 acres of the MPUD. The subject property is located off Sierra Meadows Boulevard, approximately 750 feet southwest of the intersection of Rattlesnake Hammock Road and Collier Boulevard in unincorporated Collier County, Florida. The original Sierra Meadows PUD was approved for residential development in 1994 via Ordinance 94-64 and was later rezoned to a mixed -use PUD in 1999 via Ordinance 99-91. To date, the MPUD has been developed with 300 multifamily units, 175 independent living units, 138 assisted living units, and 173,948 SF of commercial uses. A balance of 86,052 SF of commercial uses remains. During the review and approval process for Site Development Plan amendment (SDPA) PL20150000071, Lot 6 (an undeveloped commercial tract) was tied to the FAR calculation on Lots 8 and 9 for Discovery Village, which is subject to a maximum FAR of 0.45 per LDC Section 5.05.04. The applicant is requesting an amendment to the MPUD to deviate from the maximum group housing FAR to increase the FAR from 0.45 to 0.60 on Lots 8 and 9 in order to facilitate commercial development on Lot 6. The proposed development on Lot 6 will consist of two standalone commercial buildings, including a Starbucks with drive - through and one other commercial use consistent with those in the current MPUD ordinance. It should be noted that lot 6 has always been identified as a commercial development tract on the PUD Master Plan and that the PUDA does not include an expansion of permitted uses or an increase in permitted commercial square footage. As demonstrated in the approved SDPA, Discovery Village Phases 1 and 2 were built entirely on Lots 8 and 9; Lot 6 remained undeveloped and was only used for FAR calculation. The net FAR on Lots 8 and 9 is 0.51 and will not increase as a result of this amendment. Sierra Meadows PUDA Submittal #1 09/12/2024 Page 1 of 9 5618 Whispering Willow Way, Fort Myers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 129 of 499 EVALUATION CRITERIA LDC Section 10.02.13 B.5: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Lots 8 and 9 consist of an ALF/ILF within the Sierra Meadows MPUD, located in Activity Center #7 — Rattlesnake Hammock Road (CR 864) and Collier Boulevard (CR 951) as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Lot 6, where new commercial development is proposed, is located on the eastern edge of the MPUD and fronts Collier Boulevard to the east. Lot 6 was identified as a commercial tract in the original master plan and the proposed uses are permitted under the current MPUD ordinance. Mixed Use Activity Centers are identified in the FLUE as preferred locations for the highest concentration of commercial uses. As demonstrated in Table 1 below, the area surrounding Lots 8 and 9 has been developed with a variety of uses. Sierra Meadows PUDA Page 2 of 9 Submittal #1 09/12/2024 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 130 of 499 NORTH Urban Commercial District, Mixed Use Activity Center Subdistrict SOUTH Urban Residential District EAST Urban Commercial District, Mixed Use Activity Center Subdistrict Sierra Meadows MPUD Lely Resort PUD Sierra Meadows MPUD WEST Urban Residential District Sierra Meadows MPUD RaceTrac gas station with convenience store and Mister Car Wash Lely Elementary School Undeveloped lot (Lot 6) Sierra Meadows apartments b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. A Covenant of Unified Control has been provided by the current owner of Lots 8 and 9. The applicant, The Morgan Companies, is the contract purchaser for Lot 6. Operation and maintenance responsibility for development on Lot 6 shall be assumed by The Morgan Companies or potential assignees. c. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) 1. Mixed Use Activity Center Subdistrict The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects —whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The Sierra Meadows MPUD was found consistent with the GIMP per Ordinance 99-91, permitting a total of 30 acres of commercial uses. The Statement of Compliance (located on page 3 of Sierra Meadows PUDA Page 3 of 9 Submittal #1 09/12/2024 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 131 of 499 Ordinance 99-91) confirms the following: The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community facilities to the south and future residential land uses to the west. This amendment proposes no change to the commercial uses or overall commercial intensity of the MPUD and therefore remains consistent with the GMP. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed amendment has no impact on existing internal or external compatibility. The increase in FAR from 0.45 to 0.60 is only applicable to Discovery Village ALF/ILF, which has been fully built out in compliance with all development standards and buffer requirements of the existing MPUD. Proposed commercial development on Lot 6 will also comply with all development standards and buffer requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Per Section 2.10 of the MPUD ordinance, the minimum 30% open space requirement has been met by the conservation reserve tract located in the western half of the MPUD which serves the open space requirement for the entire project. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Lots 8 and 9 have already been developed pursuant to a site development plan approved by Collier County. Relevant to Lot 6, water and sewer service is available. Roadway capacity was deemed adequate during the original approval of the MPUD, and the amendment does not propose increased total commercial square footage. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. g. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property has been built out and this amendment does not propose an expansion of the existing ALF/ILF use. Lot 6 is identified as a commercial tract within the existing PUD. Additionally, the Mixed Use Activity Center Subdistrict is the preferred location for development of new commercial uses in Collier County. Sierra Meadows PUDA Submittal #1 09/12/2024 Page 4 of 9 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 132 of 499 h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This amendment conforms with existing PUD regulations. The requested deviation to increase FAR for group housing on Lots 8 and 9 will effectively have no impact on the intensity of the existing ALF/ILF, which has already reached build -out. Increasing the maximum FAR will allow commercial development on Lot 6 consistent with the approved PUD, but there will still be significant remaining square footage in the PUD. Lot 6 development is proposed to be 10,000 square feet of commercial uses, more or less, which would mean over 75,000 square feet of commercial entitlements remain in the PUD. LDC Section 10.02.13 B.5: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed amendment is consistent with the Growth Management Plan and meets the intent of the Mixed Use Activity Center Subdistrict. See "Consistency with the Growth Management Plan" section below. 2. The existing land use pattern. The increased FAR will not change existing land use on Lots 8 and 9 and will not affect the land use pattern depicted on the Master Plan. The proposed deviation from maximum group housing FAR to allow commercial development on Lot 6 is consistent with the land use pattern of the Sierra Meadows MPUD, which identifies Lot 6 as a commercial tract on the current master plan. Additionally, Lot 6 fronts Collier Boulevard, a six -lane divided arterial, and is at an ideal location for commercial development. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment has no impact on the existing MPUD boundary and therefore does not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Existing boundaries were not illogically drawn in relation to existing conditions. All commercial tracts of the Sierra Meadows MPUD are located within the boundaries of Activity Center #7 and no change to the commercial district boundary is proposed by this request. Sierra Meadows PUDA Submittal #1 09/12/2024 Page 5 of 9 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 133 of 499 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The continued residential growth of eastern Collier County, particularly along the Collier Boulevard corridor between US 41 and 1-75, creates an increased need for goods and services at well planned, easily accessible commercial nodes. The proposed amendment will allow for commercial uses on property that has already been deemed ideal for such development, while maintaining the existing net FAR of the ALF/ILF. This PUDA allows for the logical buildout of a mixed use PUD within an Activity Center rather than the proliferation of strip -style commercial development. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely affect living conditions in the neighborhood. The existing ALF/ILF site will not change and Lot 6 has long been identified as a commercial tract within the MPUD and will be adequately buffered per the development standards in the MPUD ordinance. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Roadway capacity was deemed adequate during the original approval of the MPUD, and the amendment does not propose increased commercial intensity. 8. Whether the proposed change will create a drainage problem. The proposed change does not create a drainage problem. Lots 8 and 9 are already developed and will not change. The development on Lot 6 will be designed to meet all Collier County and South Florida Water Management District (SFWMD) stormwater standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. This PUDA will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change is consistent with the zoning and Future Land Use designations that have been in place since the original approval of the Sierra Meadows MPUD in 1999 and should therefore have no adverse impact on property values in the adjacent area. The PUDA enables commercial development of Lot 6 as contemplated in the existing MPUD, which has the effect of providing neighborhood commercial uses and services for the local community. Sierra Meadows PUDA Submittal #1 09/12/2024 Page 6 of 9 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 134 of 499 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property. Lot 6 will utilize interconnection to the rest of the MPUD via Sequioa Drive and Sierra Meadows Boulevard. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The PUDA is consistent with the LDC and GMP and does not constitute a grant of special privilege. A FAR of 0.6 is consistent with the FAR approved routinely in newer PUDs. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The use of Lot 6 in the calculation of the FAR for the Site Plan created for the existing ALF/ILF on Lots 8 and 9 rendered Lot 6 effectively undevelopable. Increasing the maximum FAR for group housing unencumbers Lot 6, allowing it to be developed in accordance with the intent of the MPUD and the Mixed Use Activity Center Subdistrict. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Sierra Meadows MPUD was found in scale with the needs of the neighborhood and county as of Ordinance 99-91; this amendment does not propose new commercial uses or an increase in commercial intensity and is therefore still in scale with the surrounding area. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The site is already appropriately zoned for the proposed commercial uses. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The majority of the MPUD is already developed, including Lots 8 and 9 subject to the FAR increase. The degree of site alteration which would be required to make Lot 6 usable for any of the range of commercial uses under the existing MPUD is typical of and not different from any other similar development in Collier County. All open space and preservation requirements for the MPUD have already been met by the conservation reserve tract. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan Sierra Meadows PUDA Page 7 of 9 Submittal #1 09/12/2024 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 135 of 499 and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. The proposed project will not decrease the level of service standards for drainage, roadways, utilities, recreation/open space, solid waste, and schools as well as not cause adverse effects on the health, safety and welfare of the citizens of Coller County. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board of County Commissioners. CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended.) The Sierra Meadows MPUD was found consistent with the Growth Management Plan at the time of its adoption per Ordinance 99-91. The MPUD Statement of Compliance noted the following: The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community facilities to the south and future residential land uses to the west. The proposed amendment to increase maximum FAR to reflect the actual FAR of the ALF/ILF developed on Lots 8 and 9 in order to develop Lot 6 maintains the compatible and complementary pattern of development within the MPUD and with surrounding uses. No new uses or increased commercial square footage are proposed. Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. The subject property is designated as a commercial tract within the MPUD master plan and all commercial tracts of the MPUD are located within Activity Center #7. Mixed Use Activity Centers are identified in the FLUE as the preferred location of the highest concentration of commercial uses. This PUDA allows for Lot 6 to be developed as intended, specifically in an area that is already serviced by adequate public facilities and services. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The MPUD has direct access to Collier Boulevard at Sequoia Drive and Sierra Meadows Boulevard, with additional signalized access to Collier Boulevard at Lely Cultural Parkway via Sierra Meadows Boulevard. Sierra Meadows PUDA Page 8 of 9 Submittal #1 09/12/2024 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 136 of 499 The MPUD has direct access to Rattlesnake Hammock Road at Sierra Meadows Boulevard and Prestwick Drive. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. As mentioned previously, the MPUD has an existing network of internal access roads. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The existing ALF/ILF has four interconnections to Sierra Meadows Boulevard, an internal access road with connections to both Rattlesnake Hammock Road and Collier Boulevard. Proposed commercial development on Lot 6 will have ingress/egress at Sequoia Drive and Sierra Meadows Boulevard, subject to transportation review at the time of SDP. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The Sierra Meadows MPUD contains a 300-unit multifamily apartment development and 313 ALF/ILF units that are all connected to the commercial tracts of the MPUD by a network of sidewalks. Providing pedestrian -accessible commercial development on Lot 6 increases the overall walkability of the residential units and can help alleviate trips on Rattlesnake Hammock Road and Collier Boulevard. Sierra Meadows PUDA Submittal #1 09/12/2024 Page 9 of 9 5618 Whispering Willow Way, FortMyers, FL 33908 1 239-398-2016 www.theneighborhood.company Page 137 of 499 CO Ter County Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code I/ Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. File a separate application for an insubstantial or minor change to a PUD. Name of Property Owner(s) APPLICANT CONTACT INFORMATION S-H Naples Development Propco, LLC ("Propco") Name of Applicant if different than owner: Florida Property Investment Partners, Inc Address: 5900 N. Andrews Ave Suite 410 City: Ft. Lauderdale State: FL Telephone: 954-637-2023 Cell: E-Mail Address: sfriedman@themorgancos.com Name of Agent: Patrick Vanasse, AICP Firm: The Neighborhood Company Address: 5618 Whispering Willow Way City: Fort Myers Telephone: Cell: 239-398-2016 E-Mail Address: pv@theneighborhood.company If Property is under contract to be sold: Name of Property Buyer(s): Name of Applicant if different than buyer: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: City: City: Cell: Telephone: Cell: E-Mail Address: ZIP: 33309 State: FL Zip: 33908 State: ZIP: State: ZIP: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 1 of 11 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountyfl.gov Page 138 of 499 REZONE REQUEST This application is requesting a rezone from: PUD Zoning district(s) to the PUD Zoning district(s). Present Use of the Property: Discovery Village ALF/ILF Proposed Use (or range of uses) of the property: _ Original PUD Name: Sierra Meadows PUD Ordinance No: 99-91 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 22 Lot: 8 and 9 Block: Subdivision: Sierra Meadows Metes & Bounds Description: Plat Book: 39 Page #: 12 Property ID Number: 73620100689, 73620100676, 73620100663 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 14.3 Address/General Location of Subject Property: Southwest quadrant of the intersection of Rattlesnake Hammock Road and Collier Boulevard. Immediately south of the intersection of Sequoia Drive and Collier Boulevard. PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑� Mixed Use ❑ Industrial ❑ Community Facilities ❑ Research and Technology Park ❑ Airport Operations ❑ Other: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 2 of 11 Page 139 of 499 ADJACENT ZONING AND LAND USE Zoning Land Use N Sierra Meadows PUD RaceTrac gas station with convenience store/Mister Car Wash S Lely Resort PUD Lely Elementary School E Sierra Meadows PUD Undeveloped lot W Sierra Meadows PUD Sierra Grande apartments If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 22 / 50 / 26 Lot: 8 and 9 Block: Subdivision: Sierra Meadows Plat Book: 39 Page #: 12 Metes & Bounds Description: Property ID Number: 73620100689, 73620100676, 73620100663 ASSOCIATIONS Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Naples Lakes Country Club HOA Mailing Address: 4784 Naples Lakes Blvd City: Naples Name of Homeowner / Civic Association: East Naples Civic & Commerce Association Mailing Address: 8595 Collier Blvd City: Naples Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: FL Zip: 34112 State: FL Zip: 34114 State: ZIP: City: State: ZIP: City: PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 State: ZIP: Page 3 of 11 Page 140 of 499 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 4 of 11 Page 141 of 499 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes No If yes, please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F5. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment, or change, for a period of six (6) months. An application deemed "closed" will not receive further processing, and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees, and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 5 of 11 Page 142 of 499 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): The Morgan Companies Address: 5900 N. Andrews Ave Suite 410 Telephone: 954-637-2023 E-Mail Address: sfriedman@themorgancos.com City: Ft. Lauderdale Cell: Address of Subject Property (If available): City: State: Zip: PROPERTY INFORMATION Section/Township/Range: 22 50 / 26 Lot: 8 and 9 Block: Subdivision: Sierra Meadows Metes & Bounds Description: Plat Book: 39 Page #: 12 Check applicable system: State: FL Zip: 33309 Property ID Number: 73620100689, 73620100676, 73620100663 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED a. County Utility System X b. City Utility System C. Franchised Utility System Provide Name: d. Package Treatment Plant (GPD Capacity): e. Septic System Type: TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System X b. City Utility System C. Franchised Utility System Provide Name: d. Private System (Well) Total Population to be Served: No new flow Peak and Average Daily Demands: A. Water -Peak: B. Sewer -Peak: Average Daily Demands: No new flow Average Daily Demands: No new flow PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 6 of 11 Page 143 of 499 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The amendment does not propose any new uses or intensity of uses beyond what is permitted by the existing MPUD ordinance (99-91). Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 7 of 11 Page 144 of 499 COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Sierra Meadows Lot 6 (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Sierra Meadows manned unit development ( Ord 99-91 PUD) zoning. We hereby designate Thomas Costello _,legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop onpxpe construction activity until the project is brought into compliance with all terms, conditions and safegua - o planned unit development. Signature of Owner Signature of Owner T omas Costello. as Chief Financial Officer of S-H Naples Development Pro co, LLC, a Delaware limirtul liability cemnanv Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF GOLLIE-P— �,J J' CCO The foregoing instrum nt was acknowledged before me by means of physical presence or onl z notarization I y Thomas Costello, as Chief Financial Officer of this r day of �1 �' ��f l . 20 2J by S-H Nanlcs Development Propco. LLC who is personally known to me or has produced 4 a as identification. DMIELAPAINK * * emnlesbritHH371372 Signature f NotaryPub is "*1F110 EXpltea Mard>I9, 2027 Q �� K' Print Name of Notary Public PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4i22124 Page 8 of 11 Page 145 of 499 Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code FX Amendment to PUD- Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMCD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary Completed application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization, signed and notarized Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control Completed Addressing Checklist (no older than 6 months) Warranty Deed(s) Signed and sealed Boundary Survey (no older than 6 months) Architectural rendering of proposed structures ❑ X Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ ❑X Statement of utility provisions Statement of compliance with Growth Management Plan Environmental data requirements pursuant to LDC section 3.08.00 X Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. See Chapter 7 A. of the Administrative Code ❑ ❑X Listed or protected species survey, less than 12 months old. Include copies of previous surveys. ❑ ❑X Traffic Impact Study (TIS) Historical and Archaeological Survey or Waiver ❑ ❑ School Impact Analysis Application, if applicable with residential uses Location of existing public facilities that will serve the PUD Electronic copy of all required documents Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy ❑ ❑ *Checklist continues on next page PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 9 of 11 Page 146 of 499 Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined ❑ ❑ Development Commitments (infrastructure and related matters) Copy of Official Interpretation and/or Zoning Verification ❑ ❑ +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards Table for each type of land use • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas, pursuant to LDC subsection 2.03.08 A.2.a.(2)(b)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nicole Johnson Utilities Engineering: Anthony Stolts Parks and Recreation Director: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Immokalee Water/Sewer District: ❑ Stormwater Management: ❑ Fire: City of Naples Planning Director: Erica Martin Other: ❑ City of Naples Utilities: ❑ Other: FEE REQUIREMENTS ® Fire Pre -Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of application if within 9 months of the pre-app meeting date) ® Pre -Application Meeting: $500.00 ® PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ® PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ® PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ® Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ® Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting • Minor Study Review: $750.00 • Major Study Review $1,500.00 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 10 of 11 Page 147 of 499 ® Fire Planning Review Fee: ($300 PUDZ, PUDR) ($150 PUDA) ® Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ® If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District incoordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, / attest that all of the information indicated on this checklist is included in this submittal package. / understand that failure to include al/ necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov P"I - - r, �-� � 12/ 18/24 Signature of Petitioner or Agent Date Patrick Vanasse, AICP Printed Named of Signing Party PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 11 of 11 Page 148 of 499 THE NEIGHBORHOOD COMPANY SIERRA MEADOWS MPUD Planned Unit Development Amendment (PUDA) AGENTS Patrick Vanasse, AICP The Neighborhood Company 5618 Whispering Willow Way Fort Myers, FL 33908 (239) 398-2016 pv(@theneighborhood.company Francesca Passidomo, Esq. Coleman, Yovanovich & Koester, P.A. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 fpassidomo(cDcvklawfirm.com Sierra Meadows PUDA Submittal #1 08/22/2024 Page 1 of 1 5618Whispering WillowWay, FortMyers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 149 of 499 Co ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Zoning Pre -Application Meeting Notes Petition Type: PUD Amendment (PUDA) DateandTime: Thursday 6,/6/24/22/24 at 3:00 Assigned Planner: Eric Ortman Engineering Manager (for PPL's and FP's): Project Information Project Name: Sierra Meadows Lot 6 (PUDA) PL#: 20240006561 Property l D #: 73620100621 Project Address: Current Zoning: Sierra Meadows PUD City: Naples State: FL Zip: 34134 Applicant: Tocia Hamlin - Davidson Engineering, Inc. Andrew Rath - Davidson Engineering, Inc. Agent Name: Phone: 239-434-6060 Agent/Firm Address: 4365 Radio Rd. STE201 City: Naples State: FL Zip: 34104 Property Owner: S-H Naples Development Propco LLC c/o Discovery Management Please provide the following, if applicable: i. Total Acreage: 1.93 (Lot 6) ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 09/29/2023 Page I 1 of 5 Page 150 of 499 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountVfl.qov/Home/ShowDocument?id=75093 r`y,.tit►4aT l��A,�� w.T� Qk�{ ! RCN S Coo S'�orV S ✓f14 N'fZ. CO MPA�sNUN� Q Cep ((ja.w. CV�n,j �F'LCooV Z39-Z6A qz4 SQt •ay3 9—VU41L .41V6 NO6 QS If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(a.napiesgov.com Allyson Holland AMHolland(Unaplesgov.com Robin Singer RSinger(d-)naplesgoy.com Erica Martin emartln(@naplesgoy.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 2 of 5 Page 151 of 499 ThomasClarkeVEN From: Eric Ortman Sent: Monday, June 10, 2024 4:14 PM To: ThomasClarkeVEN Subject: PL20240006561 - Sierra Meadows Lot 6\Pre-app Meeting Notes Attachments: Pre-App Notes Eric Ortman.docx Follow Up Flag: Follow up Flag Status: Flagged Tom, Attached and at G:\CDES Planning Services\Current\Eric Ortman\Eric Ortman Pre-App's\PUDs\PUDA\PUDA - PL20240006561 - Sierra Meadows Lot 6\Pre-app Meeting Notes Eric Ortman Planner III Zoning Office:239-252-1032 Collier County 2800 North Horseshoe Drive Naples, FL 34114 Eric. Ortman(a)-colliercountyfl.gov TJ@JXJ=1311 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 152 of 499 Pre-App Notes PUDA-PL20240006561 Sierra Meadows PUD Lot 6 — Eric Ortman The land area of Lot 6 (currently undeveloped) is being used to meet the FAR requirements for Discovery Village at Naples Independent Living (SDPA-PL20150000071). Applicant wishes to increase the FAR from —0.45 to —0.6 by removing Lot 6 from the calculation. Applicant then wishes to develop Lot 6 with two separate buildings (potentially dividing Lot 6 into two parcels), one to be a Starbucks and one to be determined. Per the applicant, development of Lot 6 will not interfere with the open space requirements which are already met elsewhere in the PUD. Applicant considering either external boundaries for development or two separate SDPs. Cross access between the two businesses to be provided per Scott Freidman. Per LDC 5.06.04.F, 1,000 feet required between pole signs On -premise signs. On -premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: Pole or ground signs. Single -occupancy or multiple -occupancy parcels, having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that each sign is separated by a minimum of 1,000 feet as measured along the street frontage, and all setback requirements are met. a. Maximum allowable height. All pole or ground signs within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector road and 12 feet for all other roads, except as otherwise provided herein. Height shall be measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. Collier County Growth Management Department Eric Ortman, Principal Planner, Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-1032 Eric.OrtmanCc@colliercountyfl.gov Page 153 of 499 ThomasClarkeVEN From: Jessica Malloy Sent: Friday, June 14, 2024 10:50 AM To: ThomasClarkeVEN Subject: RE: Comp Planning Notes for Pre-App Meeting PL20240006197 - Sierra Meadows Lot 6 (PUDA) Attachments: Sierra Meadows Lot 6 Pre-app Notes.pdf Good morning Tom, Attached are my pre -application meeting notes for the Sierra Meadows Lot 6 PUDA. Thank you! Jessica Malloy Planner II Zoning Office:239-252-4329 Collier County Jessica. MalloyCcD_colliercountyfl.gov offloom From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Friday, June 14, 2024 10:31 AM To: Jessica Malloy <Jessica.Malloy@colliercountyfl.gov> Cc: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: Comp Planning Notes for Pre-App Meeting PL20240006197 - Sierra Meadows Lot 6 (PUDA) Hi Jessica, See attached Pre-App Notes from Eric and the Research for the above. Did you have any Pre app notes to add from Comp Planning? This one is a PUD Amendment to the Sierra Meadows PUD. Thanks 7 0-47& Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 7 J?4"/W Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 co-r c0-14V.ty Growth Management Community Development Dept. Zoning Division �/ (j,, I.aII Page 154 of 499 Pre -Application Meeting - Sierra Meadows Lot 6 6/6/2024 Jessica Malloy, Comprehensive Planning PL20240006561 (PUDA) The proposed petition seeks to adjust the FAR designated for Lot 6 of the Sierra Meadows Subdivision and Planned Unit Development (Ord. 99-91) located in the southwest quadrant of the Rattlesnake Hammock RD (CR864) and Collier BLVD (CR951). This property designated within the Mixed Use Activity Center Subdistrict (MUAC) of the Urban Commercial District, established by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In regards to allowable land use, the FLUE allows for a "full array" of commercial uses within Activity Center Boundaries and does not restrict specific uses. Within the petition, a written analysis of the GMP is required. Specifically, projects within the MUAC are reviewed based on provisions listed within the MUAC subdistrict text, which encourages that commercial developments and redevelopments of projects or portions of projects within Activity Centers meet a series of factors when a rezoning action is considered. As Planned Unit Development Amendments such as what is being proposed are considered a change to the zoning of a site, the petition will need to address how each provision within the list of factors (XV a. through j.), as applicable, are being met as a result of the improvements made to the site; and, for existing factors met, identify how the property will continue to maintain conformity upon the development of Lot 6. (XV) The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are as follows: a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two (2) road miles of the Mixed Use Activity Center. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. e. Adequacy of infrastructure capacity, particularly roads. f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. g. Natural or man-made constraints. h. Rezoning criteria identified in the Land Development Code. i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. j. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. k. Interconnection(s) for pedestrians, bicycles, and motor vehicles with existing and future abutting projects. I. Conformance with the architectural design standards as identified in the Land Development Code. ?,,-6 e of ►3 , Z Page 155 of 499 Pre -Application Meeting - Sierra Meadows Lot 6 6/6/2024 Jessica Malloy, Comprehensive Planning The petition will also need to demonstrate consistency with the GMP to include an analysis of the site's compatibility with smart growth policies 5.6 and 7.1 through 7.4 of the Future Land Use Element (FLUE). 13, Page 156 of 499 A BY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes I :_Nt/ 1RvN /K�Pa+/T L t (� noW /� S 4--&- /4 rt A Gh 42 AA-1 L eV -lb G��eucc.►s i � � �... �r t� es 3.3 6 . ? 3 � (� e�4-l.(r O �t �r4 i L W ►�T11 Q ly �4 � can., C'' S�Q �A.G� l.� l �u� 1'�Ooy��yn.�,MG hA.Lcll-La— �pcL4J S� 4774CGhC-a Q m*1(. 4C'"m �yQ+c✓i��c %�GQtc eSij wC `►71 ti. 1V 1qW* r-j wG o5w-r Ty To' slim >°Le�c 1k�- AWler•1L Se .47rrC4+'t lJ Xt b -re 5 C. t. > 9 c. z-. Note: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public_ facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 3 of 5 Page 157 of 499 ThomasClarkeVEN From: Mark Templeton Sent: Thursday, June 06, 2024 11:17 AM To: ThomasClarkeVEN Nam; QS Subject: RE: Zoning Pre-App for Sierra Meadows Lot 6 (PUDA)- PL20240006561- ZOOM today Hi Thomas, I can't make this one. My only comment below: If an updated Master Plan is required, ensure that the buffers are labeled. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review CD 7+e7' C01411ty Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, June 6, 2024 10:31 AM To: Anthony Stolts <Anthony.Stolts@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Brett Rosenblum <Brett. Rosen blum@colliercountyfl.gov>; Craig Brown <Craig.Brown @colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov>; Gino Santabarbara <Gino.Santabarbara@colliercountyfl.gov>; Jaime Cook <Jaime.Cook@colliercountyfl.gov>; James Sabo <James.Sabo@colliercountyfl.gov>; Jocelyn NageondeLestang <Jocelyn.NageondeLestang@colliercountyfl.gov>; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Laurie Beard <Laurie.Beard@colliercountyfl.gov>; Mark Templeton <Mark.Templeton@colliercountyfl.gov>; Michael Sawyer <Michael.Sawyer@colliercountyfl.gov>; Michele Mosca <Michele.Mosca@colliercountyfl.gov>; Parker Klopf <Parker.Klopf@colliercountyfl.gov>; Richard Orth <Richard.Orth@colliercountyfl.gov>; Sally Ashkar <Sally.Ashkar@colliercountyfl.gov>; Sarah Harrington <Sarah.Harrington@colliercountyfl.gov> Cc: Eric Ortman <Eric.Ortman@colliercountyfl.gov>; Jessica Malloy <Jessica.Malloy@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: Zoning Pre-App RESEARCH for Sierra Meadows Lot 6 (PUDA)- PL20240006561- ZOOM today Good morning all, Please see the attached Zoning Pre-App Research for: ?4 (" �;, (4 , Page 158 of 499 ThomasClarkeVEN From: Craig Brown Sent: Thursday, June 06, 2024 4:33 PM To: ThomasClarkeVEN Subject: RE: Zoning Pre-App RESEARCH for Sierra Meadows Lot 6 (PUDA)- PL20240006561- ZOOM today Attachments: Environmental data Checklist LAND USE PETITIONS.doc Thomas, Here are my notes for this one. Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. Please provide historical data/ brief explanation to address the clearing that has taken place within the property boundary (Historical aerials). Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear, Cara Cara. and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). (25% preservation required.) Label the Master plan with preservation locations. If no preservation is required, please add a note to the master concept plan " No preservation required" 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 25%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 7. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. Please Check off $2500 Environmental Data Fee. 2'-F*age 119g f 499 Respectfully, Craig Brown Environmental Services Manager, Development Review Collier County Growth Management Community Development Department Exceeding Expectations, Every Day 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2758 From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, June 6, 2024 10:31 AM To: Anthony Stolts <Anthony.Stolts@colliercount I.gov>; Heidi Ashton <Heidi.Ashton@collie rcountyfl.gov>; Brett Rosenblum <Brett. Rosen blum@colliercountyfl.gov>; Craig Brov�r<Craig.Brown @colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov>; Gino Santabarba\ )ra <Gino.Santabarbara@colliercountyfl.gov>; Jaime Cook <Jaime.Cook@colliercountyfl.gov>; James Sabo <James.Sabo@colliercountyfl.gov>; Jocelyn NageondeLestang <Jocelyn.NageondeLestang@colliercountyfl.gov>; Kathj nell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Laurie Beard <Laurie.Beard@colliercountyfl.gov>; Mark Templeton < ark.Templeton@colliercountyfl.gov>; Michael Sawyer <Michael.Sawyer@colliercountyfl.gov>; Michele Mosca Michele.Mosca@colliercountyfl.gov>; Parker Klopf <Parker.Klopf@colliercountyfl.gov>; Richard Orth <Richa�d.Orth@colliercountyfl.gov>; Sally Ashkar <Sally.Ashkar@colliercountyfl.gov>; Sarah Harrington <Sah.Harrington@colliercountyfl.gov> Cc: Eric Ortman <Eric.Ortman@colliercountyfl.gov>; Jessi Malloy <Jessica.Malloy@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: Zoning Pre-App RESEARCH for Sierra Meadows Good morning all, Please see the attached Zoning Pre-App Resea The Zoning Pre-App meeting is today See attached link below: Zoom Invite: 6 (PUDA)- PL20240006561- ZOOM today for: Topic: Pre-App Meeting PL20240006561- Sierra Meadows Lot 6 (bUDA) Time: Jun 6, 2024, 03:00 PM Eastern Time (US and Canada) Join Zoom Meeting: https://US02web.zoom.us/0/82641032498?pwd: r J Meeting ID: 826 4103 2498 Passcode: 278564 r: E L06YaHjTGOML06YaH OMRcJgcNOvK3e.1NOvK3e.1 Fire Department: Greater Naples Fire Page 160 of 499 Environmental Data Checklist Project Name 5;nA&A.s The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the EIS fee if PUD or CU. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (45 above). 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed ,4- V age 161 of 499 species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. a. Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. a. Demonstrate on map. b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be ?(-cs e_. 3. Q . `f . Page 162 of 499 submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) Page 163 of 499 document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? 27. PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certificate of occupancy. 1. a,G Page 164 of 499 ThomasClarkeVEN From: Laurie Beard Sent: Friday, June 14, 2024 12:28 PM To: ThomasClarkeVEN Cc: Eric Ortman Subject: RE: Pre-App Notes for PL20240006197 - Sierra Meadows Lot 6 (PUDA) Attachments: Transportation-PUD monitoring pre app handout 2023.docx His first paragraph is from the information I gave him. Eric, can I ask for my normal info to be added? , 'S,0' 4rTil*on.0d It would be great to have a Managing entity to complete the annual report. I think I get about six reports yearly for this PUD. They don't own the entire PUD though so I don't know how that works. I attached my normal notes for you just in case. Laurie Beard Project Manager II PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie._ Beard(a-)CollierCountvFL.aov Phone: (239)-252-5782 I%h SW W;A MWERCOM � Y SINCE V From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Friday, June 14, 2024 12:12 PM To: Laurie Beard <Laurie.Beard @colliercountyfl.gov> Cc: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: Pre-App Notes for PL20240006197 - Sierra Meado, Z6(PUDA) Hi Laurie, See attached Zoning Pre-App N have any Pre app notes to add Thanks Operations Analyst - 2800 North Horsesh( Phone: 239-252-2521 Division , Naples, FL 34104 s from Eric Ortman and the Research for the above. Did you rom PUD Monitoring? 1 Page 165 of 499 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "One entity (h-reinafter the Managing Entity) shall be responsible for PUD mom,to_ until close- out o t e D, and this entity shall also be responsible for satisfying a D commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Page 166 of 499 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Zoning Pre -Application Meeting Sign -In Sheet PL# 20240006561 Collier County Contact Information: Name Review Discipline Phone Email ❑ Laura DeJohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov ❑ John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Richard Henderlong Zoning -Planner III 252-2464 richard. hen derlong@colIiercountyfLgov QV Ray Bellows Zoning & Planning Manager 252-2463 raymond.bellows@ col IiercountyfLgov ❑ Mike Bosi Zoning & Planning Director 252-1061 Michael.Bosi@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Planner 111 252-2484 nancy.gundlach@colliercountyfl.gov uy Eric Ortman Zoning — Planner III 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Sean Sammon Zoning — Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov ❑ Vacant Thomas Clarke Zoning — Planner II Zoning - Operations Analyst 252-5759 252-2526 Sarah.kisner@colliercountyfl.gov thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov ❑ Drew Cody Utility Planning — Project Mgr III 252-2917 Drew. cody@coIliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@col IiercountyfLgov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov E4' Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Michael Gibbons Structural/Resident Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov ❑ Sean Lintz North Collier Fire -Batallion Chief 597-9227 slintz@northcollierfire.com ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com Daniel Zunzunegui North Collier Fire 252-2310 Dan iel.Zunzunegui@colliercountyfLgov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Shar A.Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ❑ Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov C.I Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Gino Santabarbara Impact Fees — Planner 111 1 252-2925 Gino.santabarbara@colliercountyfl.gov Updated 09/29/2023 Page 1 4 of 5 Page 167 of 499 Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 ❑,/ Thomas Mastroberto Gr. Naples Fire Site Plans Rev. III 252-7348 thomas.mastroberto@colliercountyfl.gov L� Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica.malloy@colliercountyfl.gov ❑ Parker Klopf GMP—Comp Planning — Planner III 252-2471 Parker.klopf@colliercountyfl.gov ❑ Stephenne Barter GMP—Comp Planning — Planner II 252-7707 Stephenne.barter@colliercountyfl.gov ❑ Vacant GMP-Comp Planning -Planner III 252-2834 @colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov El David Roe Environmental Specialist 252-2915 David. Roe @colIiercountyfLgov ❑ Lauren Murray Environmental Specialist 252-2306 1 Lauren.murray@colliercountyfl.gov C�Craig Brown Environmental Review Manager 252-2548 craig.brown@col liercountyfLgov ❑ Vacant Environmental Review Supervisor 252-4211 @colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn.NageondeLestang@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Director — Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 1 brett.rosenblum@colliercountyfl.gov ❑ Michele Mosca, AICP Community Develop. — Planner III 252-2466 michele.mosca@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov Lisa Blacklidge Building Review 252-2758 Lisa. black] idge@col IiercountyfLgov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email Mtw %Gh Updated 09/29/2023 Page 15 of 5 Page 168 of 499 Zoning Pre-App Attendance - Thursday June 6th, 2024 at 3:00pm — Zoom Sierra Meadows Lot 6 (PUDA) — PL20240006561 — Eric Ortman Applicant/Agent: Tocia Hamlin/Andrew Rath ��yCt;C=��ill5 1 Q Find a participant 0 thomasclarkeven (Me) Coleman Yovanovich & Koester, PA 0 EricOrtman Scott Friedman Andrew,Rath_DE vashton_h . Craig Brown 0 JessicaMalloy Ray Bellows, Zoning Manager sawyermichael Scott Copeland Derek Perry — CAO .� V CDJ N 1 ■, '� 0 .� Qa Page 169 of 499 Collier Couvxty ®� �—---- Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Thursday 6/6/24/22/24 at 3:00 Zoning Operations Staff: Thomas Clarke Sierra Meadows Lot 6 (PUDA) — PL20240006561 - Planner: Eric Ortman • Applicant Submitting Request: Tocia Hamlin — Davidson Engineering, Inc. 239-434-6060 x2985 tocia@davidsonengineering.com • Agent to list for PL# Andrew Rath — Davidson Engineering, Inc. 239-434-6060 andrew@davidsonengineering.com • Owner of property (all owners for all parcels) S-H Naples Development Propco LLC c/o Discovery Management • Confirm Purpose of Pre-App: PUD Amendment (PUDA) Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): TBD • Details about Project: PUDA proposing to remove Lot 6 of the Sierra Meadows PUD, from the FAR calculation used for the Discovery Village at Naples Independent Living Community SDPA PL20150000071. The property owner intends to develop Lot 6 after the FAR removal with two-2 standalone commercial buildings. One building is slated to be a Starbucks with drive thru and the other building currently does not have an established end user. We would also like to request a waiver of the TIS during the pre app meeting as there is no proposed increased in intensity. A PUDA pre-app meeting was held under PL202250005326 on 9/7/2022 to discuss removal of the FAR from Lot 6 and develop a Pharmacy, however, the application was never filed, and the request was withdrawn. Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@colliercountvfl.gov - Phone: 239-252-2473 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Page 170 of 499 Page 171 of 499 Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code Amendment to PUD- Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMCD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including ad eta i led description of why amendment is necessary Completed application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization, signed and notarized Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control Completed Addressing Checklist (no older than 6 months) Z Warranty Deed(s) Signed and sealed Boundary Survey (no older than 6 months) Architectural rendering of proposed structures - Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ Statement of utility provisions Z Li Statement of compliance with Growth Management Plan Environmental data requirements pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. See Chapter 7 A. of the Administrative Code ® ❑ Listed or protected species survey, less than 12 months old. Include copies of previous surveys. ❑ Traffic Impact Study (TIS) GvAIyR-It. e - aa. 19 a & eb Historical and Archaeological Survey or Waiver ❑ School Impact Analysis Application, if applicable with residential uses Location of existing public facilities that will serve the PUD IM Electronic copy of all required documents Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy ❑ *Checklist continues on next page PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 9 of 11 Page 172 of 499 Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ Revised PUD document with changes crossed thru & underlined ® ❑ Development Commitments (infrastructure and related matters) Copy of Official Interpretation and/or Zoning Verification +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards Table for each type of land use • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas, pursuant to LDC subsection 2.03.08 A.2.a.(2)(b)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nicole Johnson Utilities Engineering: Anthony Stolts Parks and Recreation Director: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay El Water/Sewer District: ❑ Stormwater Management: ❑ Fire: City of Naples Planning Director: Erica Martin Other: STpit yw TcN - Tace t N ❑ City of Naples Utilities: ❑ Other: FEE REQUIREMENTS Fire Pre -Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of application if within 9 months of the pre-app meeting date) ® Pre -Application Meeting: $500.00 X PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre Z PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ® PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 X Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting • Minor Study Review: $750.00 • Major Study Review $1,500.00 • ,CeReAl -1r.P+az w.TM ZeqSoA1/CYP14, &Tew a P&#pvseb) Pupa PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 10 of 11 Page 173 of 499 Fire Planning Review Fee: ($300 PUDZ, PUDR) ($150 PUDA) ® Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ® If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov T� S��M�1t cd A"0)6IC,#Tior Signature of Petitio r or Agent / Named of Signing Party Dat 77 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 11 of 11 Page 174 of 499 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240006561 , (o6bF6 � .A _ 1,f o GA i . �3t� S+ �a�,o�� (print name), as (title, if applicable) of Rt9A Peo 45s, f r P T/06 s �Jc (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. RJ4, Co L:610r`► 0,14 i.W oo 1A - - KoEsiC- -/A-. 5. Well authorizelK Cz;,WAn1A to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Sy g u' Date STAT OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Isphysical presence or ❑ online notarization this day of P Q4459- , 20A by (printed name of owner or qualifier) M4W,GsA-J _;� Such person(s) Notary Public must check applicable box: ff,re personally known to me ® Has produced a current drivers license ® Has produced as identification. �( 7 Notary Signatur CP\08-COA-00115\155 REV 3/4/2020 airy°+is•. SHE=SPAGNOLOGNOLO : Notary .•.. ry of FloridaCom262551N. My Comy 9, 2026Bonded throuotary Assn. Page 175 of 499 Goer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the rercentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership 61✓04'65 A,. MDt 6A,�-;.. �v2 l" P. 45 1 /1 t/trS`rM rJmr 1omTl i6,,Z5, I eJL. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the Iercentage of interest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 176 of 499 Coder County 0 e f g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the ,CI ICIdI dIIU/UI IIFIII LCU PdR1ICIJ. Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the Is �IIR.CIJ, JWI.RI IUIUCIJ, IJC I ICI! Ud I ICJ, UI IJdI II ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or nffirarc if a rnrnnratinn nartnarchin nr tr!!ct- Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 177 of 499 M Co V County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: or Anticipated closing date: 1Z ZozS� AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov lf--x Y � Agent/ caner Signatur Date Agent/Owner Name (please print) 01/2023 Page 3 of 3 Page 178 of 499 Coen County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the iercentage of such interest: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership S-H Naples Development Propco, LLC ("Propco") 3461 Bonita Bay Blvd., Suite 100, Bonita Springs, FL 34134 S-H Naples Development Mezz Holdco, LLC, sole member of Propco 100% L_ 3461 Bonita Bay Blvd., Suite 100, Bonita Springs, FL 34134 See attached hxhibit A If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage otinterest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 179 of 499 r ' Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,_ stockholders, beneficiaries, or partners Name and Address % of Ownership I Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a nor poration, partnerships, or trust: Name and Address g. Date subject property acquired Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 180 of 499 Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. l understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signature has e Thomas Costello, as Chief Financial Officer of S-H Naples Development Propco, LLC. a Delaware limited liability company Agent/Owner Name (please print) 01/2023 Page 3 of 3 Page 181 of 499 EXHIBIT A TO PROPERY OWNERSHIP DISCLOSURE FORM OF S-H NAPLES DEVELOPMENT PROPCO, LLC With respect to the indirect ownership interest of S-H Naples Development Mezz Holdco, LLC (the "Sole Member"), the sole Member of S-H Naples Development Propco, LLC, the below entities are the only individuals and/or entities with more than a five (5%) indirect interest in the Sole Member: Jeffrey L. Henning Irrevocable Trust, Todd Carlson and Paul Garnett, Trustees; Cynthia K. Henning Irrevocable Trust, Jeffrey L. Henning, Trustee; Richard Hutchinson Revocable Trust, Richard Hutchinson, Trustee; Hoffman GST Credit Shelter Trust, Dawn Hoffman, Trustee; and Al Hoffman Revocable Trust, Alfred Hoffman Jr., Trustee Page 182 of 499 WRITTEN CONSENT OF THE SOLE MEMBER OF S-H NAPLES DEVELOPMENT PROPCO. LLC The undersigned, being the sole Member of S-H Naples Development PropCo, LLC, a Delaware limited liability company (the "Company") hereby consents to and adopts the following resolutions pursuant to the governing limited liability company agreement and applicable law: WHEREAS, the Company has developed an independent living senior community known as a part of Discovery Village at Naples on the land more particularly described in Exhibit A attached hereto (the "Land"); WHEREAS, the Company has entered into a purchase and sale agreement (as amended, modified, assigned or otherwise supplemented from time to time) (the "Lot 6 Purchase Agreement") for the sale of a portion of the Land more particularly described in Exhibit A-1 attached hereto ("Lot 6"); WHEREAS, in connection with the Lot 6 Purchase Agreement, the Company shall, among other things, obtain or cause the purchaser under the Lot 6 Purchase Agreement to obtain (i) a rezone of the Land, and (ii) a modification to the site plan for the Land (the "Modifications"); and WHEREAS, in connection with the Modifications, the Company is required to execute certain affidavits, documents and instruments necessary under the Lot 6 Purchase Agreement or incidental to the Modifications (the "Modification Documents"). NOW THEREFORE, BE IT RESOLVED that the Company is authorized to enter into, execute and deliver and perform thereunder the Modification Documents, and any and all related amendments, modifications, agreements, assignments, consents, certificates, or documents required by, necessary under or incidental to the Modifications and the Modification Documents, and in accordance with or as contemplated by the Lot 6 Purchase Agreement and containing terms and conditions as the sole Member in its discretion deems necessary or appropriate, such additional terms to be conclusively evidenced by its execution thereof. FURTHER RESOLVED, that Richard Hutchinson and Thomas Costello, as officers of the Company, is each authorized, directed and empowered to execute and deliver the Modification Documents, and any and all related amendments, modifications, agreements, assignments, consents, certificates or documents necessary or appropriate to evidence the Modifications. FURTHER RESOLVED, that any officer of the Company is authorized, empowered and directed to take such other action as may be necessary or desirable in the discretion of such officer(s) to fulfill the purposes and intent of the foregoing resolutions. FURTHER RESOLVED, that any officer of the Company may certify as to the effectiveness of this Written Consent. [signature page follows immediately) 36703\001\4934-9515-7507.v1 Page 183 of 499 Dated: Effective as of December 10, 2024 S-H Naples Development Mezz Holdco, LLC Bv: Name: Thomas Costello Title: Chief Financial Officer Being the sole member of S-H Naples Development PropCo, LLC 36703\001\4934-9515-7507.v1 Signature Page to S-H Naples Development PropCo, LLC Consent Page 184 of 499 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF NAPLES, COUNTY OF COLLIER, STATE OF FLORIDA, DESCRIBED AS FOLLOWS: PARCEL A: LOT 9 OF SIERRA MEADOWS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGES 11-13, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND THE LAND CONVEYED IN DEED FROM NAPLES SENIOR HOUSING I PROPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO NAPLES SENIOR HOUSING ITI OPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DATED AUGUST 23, 2018 AND RECORDED AUGUST 29, 2018 IN OFFICIAL RECORDS BOOK 5547, PAGE 3053; AND LOT 6 OF SIERRA MEADOWS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 11, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND A PARCEL SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING OVER ACROSS AND THROUGH A PART OF THE LOT 8, SIERRA MEADOWS, AS DESCRIBED IN PLAT BOOK 39, PAGES 11 THROUGH 13, COLLIER COUNTY PUBLIC RECORDS, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8, THENCE S 01 ° 05' 19" W ALONG THE WEST LINE OF SAID LOT 8 FOR 260.40 FEET; TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S 010 05' 19" W FOR 184.40 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE N 88' 03' 44" E ALONG THE SOUTH LINE OF SAID LOT 8 FOR 335.49 FEET; THENCE N 63' 53' 56" W FOR 391.73 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE CENTERLINE OF SIERRA MEADOWS BOULEVARD AS BEARING S 880 03' 44" W, AS DESCRIBED IN SAID PLAT BOOK 39, PAGES 11-13, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCELS: THE EASTERLY 15.00 FEET OF LOT 6, SIERRA MEADOWS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 11 THROUGH 13, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, SAID POINT ALSO BEING THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF COLLIER BOULEVARD AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SEQUOIA DRIVE; THENCE SOUTH 000 50' 44" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 114.62 FEET TO THE NORTH LINE OF TRACT L, SIERRA MEADOWS, AS RECORDED IN PLAT BOOK 39, PAGE 11 THROUGH 13 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89' 09' 16" WEST ALONG SAID NORTH LINE AND ITS WESTERLY PROJECTION, A DISTANCE OF 15.00 FEET; THENCE NORTH 00' 50' 44" EAST, A DISTANCE OF 113.82 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SEQUOIA DRIVE; THENCE NORTH 87' 48' 19" EAST ALONG SAID 36703\001 \4934-9515-7507.v 1 Page 185 of 499 SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.02 FEET TO THE POINT OF BEGINNING. AND A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING THE WEST 45 FEET OF THE EAST 60 FEET OF THE NORTH 30 FEET OF SAID LOT 6, SIERRA MEADOWS AS DESCRIBED IN PLAT BOOK 39, PAGES 11 THROUGH 13, COLLIER COUNTY PUBLIC RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 6 OF SAID SUBDIVISION; THENCE S. 88' 03' 44" W. FOR 15.02 FEET TO THE POINT OF BEGINNING; THENCE S. 01 ° 06' 09" W. FOR 30.00 FEET; THENCE S. 88' 03' 44" W. FOR 45.00 FEET; THENCE N. 01' 06' 09" E. FOR 30.00 FEET; THENCE N. 88' 03' 44" E. FOR 45.00 FEET TO THE POINT OF BEGINNING. PARCEL B: TOGETHER WITH: EASEMENTS, AS CONTAINED IN THAT CERTAIN DRAINAGE AND BERM EASEMENT AGREEMENT BY AND BETWEEN GREG W. EAGLE, INDIVIDUALLY AND AS TRUSTEE AND ALANDA, LTD., A FLORIDA LIMITED PARTNERSHIP FILED APRIL 03, 2001 RECORDED IN OFFICIAL RECORDS BOOK 2800, PAGE 1319, FOR THE PURPOSES DESCRIBED THEREIN. PARCEL C: TOGETHER WITH: EASEMENTS, AS CONTAINED IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SIERRA MEADOWS BY AND BETWEEN ALANDA, LTD., A FLORIDA LIMITED PARTNERSHIP; GREG W. EAGLE, INDIVIDUALLY AND AS TRUSTEE; WALLACE R. DEVLIN, SR., AND COLONIAL BANK, AN ALABAMA BANKING CORPORATION, FILED OCTOBER 21, 2002, RECORDED IN OFFICIAL RECORD BOOK 3135, PAGE 802, AS AMENDED IN OFFICIAL RECORDS BOOK 3415, PAGE 660, OFFICIAL RECORDS BOOK 4009, PAGE 1998 AND OFFICIAL RECORDS BOOK 4057, PAGE 3686, AS AFFECTED BY ASSIGNMENT RECORDED IN OFFICIAL RECORDS BOOK 3330, PAGE 225, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL D: TOGETHER WITH: EASEMENTS, AS CONTAINED IN THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT BY AND BETWEEN NAPLES SENIOR HOUSING I PROPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND NAPLES SENIOR HOUSING II OPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FILED AUGUST 02, 2018, RECORDED IN OFFICIAL RECORD BOOK 5539, PAGE 1394, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. L! 36703\001\4934-9515-7507.v1 Page 186 of 499 EXHIBIT A-1 LEGAL DESCRIPTION Lot 6 of Sierra Meadows, according to the plat thereof recorded in Plat Book 39, Pages I I - 13 of the Public Records of Collier County, Florida, less that portion as described in O.R. Book 4083, Page 2054 and less that portion as described in O.R. Book 5020, Page 1548, of the Public Records of Collier County, Florida. 36703\001\4934-9515-7507.v1 Page 187 of 499 11/26/24, 1:31 PM Detail by Entity Name DIVISION OF CORPORATIONS �ON JS v�lDrl OJ u►i offlrial 5we of Florida websile Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FLORIDA PROPERTY INVESTMENT PARTNERS, INC Filing Information Document Number L01645 FEI/EIN Number 65-0184666 Date Filed 07/13/1989 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 03/13/2020 Event Effective Date NONE Principal Address 5900 N ANDREWS AVE SUITE 410 FORT LAUDERDALE, FL 33309 Changed: 01/12/2016 Mailing Address 5900 N ANDREWS AVE SUITE 410 FORT LAUDERDALE, FL 33309 Changed: 01/12/2016 Registered Agent Name & Address MORGAN, GEORGE AJR. 5900 N ANDREWS AVE SUITE 410 FORT LAUDERDALE, FL 33309 Name Changed: 05/07/1992 Address Changed: 01/12/2016 Officer/Director Detail Name & Address https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=8 Of 11/26/24, 1:31 PM Detail by Entity Name MORGAN, GEORGE A, JR. 5900 N ANDREWS AVE SUITE 410 FORT LAUDERDALE, FL 33309 Title V MORGAN, GEORGE A, III 5900 N ANDREWS AVE SUITE 410 FORT LAUDERDALE, FL 33309 Annual Reports Report Year Filed Date 2022 04/11 /2022 2023 02/10/2023 2024 02/12/2024 Document Images 02/12/2024 --ANNUAL REPORT View image in PDF format 02/10/2023 --ANNUAL REPORT View image in PDF format 04/11/2022 --ANNUAL REPORT View image in PDF format 03/26/2021 --ANNUAL REPORT View image in PDF format 03/13/2020 -- Merger View image in PDF format 02/01/2020 --ANNUAL REPORT View image in PDF format 04/26/2019 --ANNUAL REPORT View image in PDF format 10/02/2018 --Amendment View image in PDF format 04/17/2018 --ANNUAL REPORT View image in PDF format 01/10/2017 --ANNUAL REPORT View image in PDF format 01/12/2016 --ANNUAL REPORT View image in PDF format 01/07/2015 --ANNUAL REPORT View image in PDF format 03/14/2014 --ANNUAL REPORT View image in PDF format 04/15/2013 --ANNUAL REPORT View image in PDF format 04/04/2012 --ANNUAL REPORT View image in PDF format 04/01/2011 --ANNUAL REPORT View image in PDF format 01/12/2011 --ADDRESS CHANGE View image in PDF format 04/01/2010 --ANNUAL REPORT View image in PDF format 04/27/2009 --ANNUAL REPORT View image in PDF format 03/11/2008 --ANNUAL REPORT View image in PDF format 03/19/2007 --ANNUAL REPORT View image in PDF format 04/27/2006 --ANNUAL REPORT View image in PDF format 05/05/2005 --ANNUAL REPORT View image in PDF format 04/30/2004 --ANNUAL REPORT View image in PDF format 04/29/2003 --ANNUAL REPORT View image in PDF format 05/08/2002 --ANNUAL REPORT View image in PDF format 05/02/2001 --ANNUAL REPORT View image in PDF format https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder= D 9 Of 11/26/24, 1:31 PM Detail by Entity Name 04/12/2000 --ANNUAL REPORT View image in PDF format 04/09/1999 --ANNUAL REPORT View image in PDF format 04/15/1998 --ANNUAL REPORT View image in PDF format 04/08/1997 --ANNUAL REPORT View image in PDF format 04/19/1996 --ANNUAL REPORT View image in PDF format 04/24/1995 --ANNUAL REPORT View image in PDF format 05/07/1992 -- Reg. Agent Change View image in PDF format I Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder= D(go Of 4§b C01fler CouHty Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 73620100663,73620100676,73620100689 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] See attached list STREET ADDRESS(ES) where applicable, if already assigned. 8417 SIERRA MEADOWS BLVD 8375 SIERRA MEADOWS BLVD PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME Sierra Meadows PUD PROPOSED PROJECT NAME Sierra Meadows PUD PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20200000780 Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Page 191 of 499 8/23/24, 2:27 PM Collier County Property Appraiser Collier County Property Appraiser Property Summary Site Address 8417 SIERRA MEADOWS Site Zone Parcel ID 73620100663 *Disclaimer BLVD Site City NAPLES * 34113 Note Name / Address I BRITTON (NAPLES) LLC 16688 NORTH CENTRAL STE 1400 City I DALLAS I State I TX I Zip 175206 1 Map No. Strap No. Section Township Range Acres *Estimated 5B22 L_ 630000 85B22 22 50 26 6.15 Legal SIERRA MEADOWS LOT 8, LESS THAT PORTION AS DESC IN OR 5547 PG 3053 Millage Area O 53 Millage Rates O *Calculations Sub./Condo 630000 - SIERRA MEADOWS School Other Total Use Code O 6 - RET. HOMES & MISC. RESIDENCES 4.3132 6.0103 10.3235 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 04/26/21 5950-1027 $ 25,513,400 04/01/19 5613-2683 $ 22,000,000 01/29/16 5239-2183 $ 21,500,000 07/09/13 4944-2389 $ 1,794,000 01/19/11 4647-3049 $ 3,400,000 09/04/09 4514-3188 $ 0 09/04/09 4510-3358 $ 100 07/01/03 1 3330-201 j $ 10,333,400 2024 Preliminary Tax Roll (Subject to Change) Land Value $ 1,584,000 (+) Improved Value $ 17,037,103 $ 18,621,103 $ 18,621,103 (_) Market Value (_) Assessed Value (_) School Taxable Value $ 18,621,103 (_) Taxable Value $ 18,621,103 Ad Valorem Taxes $ 192,234.96 (+) Non -Ad Valorem Taxes (_) Total Taxes $ 0 $ 192,234.96 Values are as of January 1st each year. If all values are 0, this parcel was created after the Final Tax Roll. Disclaimer: The actual total property taxes may vary due to changes in millage rates set by taxing authorities, the addition of non -ad valorem assessments, and special assessments. For the most accurate and up-to-date tax information, please visit the Collier County Tax Collector's office to see the final Tax bills. https://www.collierappraiser.com Page 192 of 4Y9 8/23/24, 2:30 PM Collier County Property Appraiser Parcel ID 73620100663 Collier County Property Appraiser Property Aerial Site Address 8417 SIERRA MEADOWS *Disclaimer BLVD V Site City NAPLES Open GIS in a New Window with More Features. Site Zone 34113 *Note https://www.colIierappraiser.com Page 193 of 4Y9 8/23/24, 2:40 PM Collier County Property Appraiser Collier County Property Appraiser Property Summary Site Address Site Zone Parcel ID 73620100676 *Disclaimer I � Site City NAPLES *Note 34113 Name / Address S-H NAPLES DEVELOPMENT PROPCO LLC % DISCOVERY MANAGEMENT GROUP 27599 RIVERVIEW CENTER BLVD STE 201 City BONITA SPRINGS State I FL I Zip 34134 Map No. Strap No. Section Township Range Acres *Estimated 5B22 630000 0 8.15B22 22 50 26 0.75 Legal SIERRA MEADOWS A PORTION OF LOT 8 AS DESC IN OR 5547 PG 3053 Millage Area O 53 Millage Rates O *Calculations Sub./Condo 630000 - SIERRA MEADOWS School Other Total Use Code O 10 -VACANT COMMERCIAL 4.3132 6.0103 10.3235 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 04/12/19 5618-1507 $ 0 04/12/19 5617-3664 $ 29,571,700 08/23/18 5547-3053 $ 0 01/29/16 5239-2183 $ 21,500,000 07/09/13 4944-2389 $ 1,794,000 01/19/11 4647-3049 $ 3,400,000 09/04/09 4514-3188 $ 0 09/04/09 1 4510-3358 $100 07/01/03 1 3330-201 $ 10,333,400 2024 Preliminary Tax Roll (Subject to Change) Land Value $ 100 (+) Improved Value $ 0 (_) Market Value $ 100 (_) Assessed Value $ 100 (_) School Taxable Value $ 100 (_) Taxable Value $ 100 Ad Valorem Taxes $ 1.02 (+) Non -Ad Valorem Taxes $ 0 (_) Total Taxes $ 1.02 Values are as of January 1st each year. If all values are 0, this parcel was created after the Final Tax Roll. Disclaimer: The actual total property taxes may vary due to changes in millage rates set by taxing authorities, the addition of non -ad valorem assessments, and special assessments. For the most accurate and up-to-date tax information, please visit the Collier County Tax Collector's office to see the final Tax bills. https://www.collierappraiser.com Page 194 of 4Y9 8/23/24, 2:40 PM Collier County Property Appraiser Collier County Property Appraiser Property Aerial Site Address Site Zone Parcel ID 73620100676 *Disclaimer Site City NAPLES *Note 34113 Open GIS in a New Window with More Features. https://www.colIierappraiser.com Page 195 of 4Y9 8/23/24, 2:42 PM Collier County Property Appraiser Collier County Property Appraiser Property Summary Site Address 8375 SIERRA MEADOWS Site Zone Parcel ID 73620100689 *Disclaimer BLVD Site City NAPLES * 34113 Note Name / Address S-H NAPLES DEVELOPMENT PROPCO LLC % DISCOVERY MANAGEMENT GROUP 27599 RIVERVIEW CENTER BLVD STE 201 BONITA SPRINGS State I FL Zip 134134 Map No. Strap No. Section Township Range Acres *Estimated 5B22 L_ 630000 95B22 22 50 26 7.4 Legal SIERRA MEADOWS LOT 9 Millage Area O 53 Millage Rates O *Calculations Sub./Condo 630000 - SIERRA MEADOWS School Other Total Use Code O 6 - RET. HOMES & MISC. RESIDENCES 4.3132 6.0103 10.3235 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 04/12/19 5617-3664 $ 29,571,700 08/01/18 5539-1380 $ 3,179,800 01/29/16 5239-2183 $ 21,500,000 11/08/14 5100-1808 $ 3,350,000 01/19/11 4647-3049 $ 3,400,000 09/04/09 4514-3188 $ 0 09/04/09 4510-3358 $ 100 07/01/03 1 3330-201 j $ 10,333,400 2024 Preliminary Tax Roll (Subject to Change) Land Value $ 3,000,217 (+) Improved Value $ 27,418,438 $ 30,418,655 $ 30,418,655 (_) Market Value (_) Assessed Value (_) School Taxable Value $ 30,418,655 (_) Taxable Value $ 30,418,655 Ad Valorem Taxes $ 314,026.98 (+) Non -Ad Valorem Taxes (_) Total Taxes $ 0 $ 314,026.98 Values are as of January 1st each year. If all values are 0, this parcel was created after the Final Tax Roll. Disclaimer: The actual total property taxes may vary due to changes in millage rates set by taxing authorities, the addition of non -ad valorem assessments, and special assessments. For the most accurate and up-to-date tax information, please visit the Collier County Tax Collector's office to see the final Tax bills. https://www.collierappraiser.com Page 196 of 4Y9 8/23/24, 2:43 PM Collier County Property Appraiser Collier County Property Appraiser Property Aerial Parcel ID 73620100689 Site Address 8375 SIERRA MEADOWS Site Zone 34113 *Disclaimer BLVD Site City NAPLES *Note Open GIS in a New Window with More Features. https://www.collierappraiser.com Page 197 of 4Y9 THE NEIGHBORHOOD SIERRA MEADOWS MPUD Planned Unit Development Amendment (PUDA) LEGAL DESCRIPTIONS Folio: 73620100663 SIERRA MEADOW LOT 8, LESS THAT PORTION AS DESC IN OR 5547 PG 3053 Folio: 73620100676 SIERRA MEADOW A PORTION OF LOT 8 AS DESC IN OR 5547 PG 3053 Folio: 73620100689 SIERRA MEADOW LOT 9 Sierra Meadows PUDA Submittal #1 08/22/2024 Page 1 of 1 5618 Whispering Willow Way, Fort Myers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 198 of 499 INSTR 5698244 OR 5618 PG 1507 E-RECORDED 4/15/2019 3:32 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $27.00 This instrument was prepared by: Allison S. Carlton, Esq. Kayne Anderson Real Estate I Town Center Road, Suite 300 Boca Raton, Florida 33486 When recorded Meltzer, PurtiI' S fT vLLC (JSG) 300 South Wacker tV S 'te 2300 Chicago, IL 60606 QUIT -CLAIM DEED NOTE '1'O CLERK: THIS D HAS BEEN EXECUTED AND DFLIVERED WITHOUT PAYMENT OF CONSIDERATION AND IS NOT S JGOT-r_OTAYMENT OF DOCUMENTARY STAMP TAXES. THIS QUIT CLAIM DE' s`i de this 12'' day of April, 2019, by NAPLES SENIOR HOUSING II OPCO, LLC, a Del w `,tr (ted liability company ("Grantor"), whose address is c/o Kayne Anderson Real Estate Advisottc'''Io . Center Road, Suite 300, Boca Raton, Florida 33486 and is delivered to S-H NAPLES DE V Y, ANT PROPCO, LLC, a Delaware limited liability company ("Grantee"), whose address is c% : is'. ry Management Group, 27599 Riverview Center Boulevard, Suite 201, Bonita Springs, Flori a (Whenever used herein the term "trait t�v a44, 'Grantee" include all the parties to this instrument and the heirs, legal re pre sd'ntat»�ds Ltd assigns of individuals, and the successors and assigns of corporations) N WITNESSETH, that said Grantor, for and in can tser, ti`t n of the sum of 'FEN AND NO/I00 DOLLARS ($10.00) and other good and valuable considdrai qn', said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does` e'by,.,remise, release, and quitclaim to the said Grantee, and Grantee's heirs and assigns forever, alVtrrght, title, interest, claim and demand which Grantor has in and to the following described lan'4' si i e.d, lying and being in Collier County, Florida to -wit: See attached Exhibit "A," which is incorporated herein by rcfr' TO HAVE AND TO HOLD, the same together with all and singUla.the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, 4tt ^lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. [ REMAINDER OF PAGE INTENITONALLY LEFT BLANK ] (32472:071 02571992.DOC : I Page 199 of 499 OR 5618 PG 1508 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence; ignature Print Name &Witness 1 Signature of Witness 2 t ' Print Name of Witness 2 STATE OF FLORIDA COUNTY OF PALM BEACH NAPLES SENIOR HOUSING II OPCO, LLC, a Delaware limited liability company By: Printed Name: Russell M. Reiter Title: Secretary The foregoing instrument was acknowledged and witrit by Russell M. Reiter, as the Secretary of Naples Senior liability company, on behalf of the company, who is per I ain a commissioned notary public in the State of tjf21lua-I . [NOTARY SEAL] Notary PuVlic Print Name: 11, My Commission MEEGAN T MOTI51 NalaryPublic— SlateofFlorida ,rh�i�, . = Gammissicn # GG 161685 Dec 12, 2021 My Comm. Expires ",Mod kh,04 Aeons' W"y Also. me this 12tb day of April, 2019, OPCO, LLC, a Delaware limited vn to me. my commission expires (32472: 072: 02571992.DOC : ) Page 200 of 499 *** OR 5618 PG 1509 *** Exhibit A Legal Description PARCEL A: A PARCEL SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, T SHIP 50 SOUTH, RANGE 26 EAST, BEING OVER ACROSS AND THROUGH A PART OFL; 8, SIERRA MEADOWS, AS DESCRIBED IN PLAT BOOK 39, PAGES 11 THROUGH 13fJ COUNTY PUBLIC RECORDS, AND BEING FURTHER BOUNDED AND DESCRIBED AS k ' I_,�: COMMENCING AT "APE NORTHWEST CORNER OF SAID LOW 8, THENCE S 01005' 19" W ALONG THE WEST LINE :_OF-S` D LOT 8 FOR 260.40 FEET; TO THE POINT OF BEGINNING OF g. THE HEREIN DESCRIBE�`'P , CEL; THENCE CONTINUE S 01°05'19" W FOR 184.40 FEET TO THE SOUTHWEST CORNE F,SAt LOT 8; THENCE N 88°03'44" E ALONG THE SOUTH LINE OF SAID LOT 8 FOR 335,49 FED", A NCE N 63053'56" W FOR 391.73 FEET TO THE POINT OF BEGINNING. BEARINGS ARC 4 Cb:, ON THE CENTERLINE OF SIERRA MEADOWS BOULEVARD AS BEARINGS 88'WW"t! ,W .�S DESCRIBED 1N SAID FLAT BOOK 39, PAGES l 1- 13, COLLIER COUNTY PUBLIC REC kDS ,&91,LIER COUNTY, FLORIDA. PARCEL B: TOGETHER WITH: A NON-EXCLUSIVE EASEMENT CREATED BY I` �DRP AGREEMENT RECORDED IN OFFICIAL RI C IDS `BC PURPOSES DESCRIBED THEREIN. PARCEL C:' TOGETHER WITH: INAGE AND BERM EASEMENT K 2800, PAGE 1319, FOR THE NON-EXCLUSIVE EASEMENTS FOR USE, ACCESS, UTILITIES,'IAI AGE AND RETENTION AS SET FORTH IN THE DECLARATION OF COVENANTS, COND'I x, ESTRICTIONS AND EASEMENTS FOR SIERRA MEADOWS RECORDED IN OFFICIAL RCr= OOK 3135, PAGE 802, AS AMENDED IN OFFICIAL RECORDS BOOK 3415, PAGE 660, OFIAQIAL RECORDS BOOK 4009, PAGE 1998 AND OFFICIAL RECORDS BOOK 4057, PAGE A'g#. �S7AFFECTED BY ASSIGNMENT RECORDED IN OFFICIAL RECORDS BOOK 3330, PAGE 225, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL D: TOGETHER WITH: NON-EXCLUSIVE EASEMENT FOR ACCESS AND PARKING AS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT IN OFFICIAL RECORD BOOK 5539, PAGE 1394, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 132472: 072: 02571992 DOC : I Page 201 of 499 INSTR 5697665 OR 5617 PG 3664 RECORDED 4/12/2019 5:14 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $207,001.90 REC $44.00 CONS $29,571,698.81 This instrument was prepared by: Allison S. Carlton, Esq. Kayne Anderson Real Estate 1 Town Center Road, Suite 300 Boca Raton, Florida 33,486 When Meltzer, Purtill & ; 300 South Wacker Chicago, IL 60606 IC THIS SPECIAL WARRANTY ,DEED is made this 12`h day of April, 2019, by NAPLES SENIOR HOUSING II OPCO, I T- "A Delaware limited liability company ("Grantor"), whose address is c/o Kayne Anderson Real Estrate,, 1 Town Center Road, Suite 300, Boca Raton, Florida, 33486, and is delivered to S-H NAirLF,aSID� ELOPMENT PROPCO, LLC, a Delaware limited liability company ("Grantee"), whose adres is c/o Discovery Management Group, 27599 Riverview Center Boulevard, Suite 201, $orgjta_Springs, Florida 34134. (Whenever used herein the term "Grantor")`d "Grantee" include all the parties to this instrument and the heirs, legal repres attve and assigns of individuals, and the successors and assigns of corporations.) `?.r WITNESSETH, that the Grantor, for and incoideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt why of -s hereby acknowledged, hereby grants, bargains, sells, and conveys unto the Grantee and Grantee's *cessors and assigns, forever, all of that certain land situated in Collier County, Florida, and ta.©re, articularly described in Exhibit A attached hereto and incorporated herein by this reference. SUBJECT TO those matters set forth on Exhibit B attached retto and incorporated herein by this reference (the "Permitted Encumbrances"). TOGETHER WITH all the easements, tenements, hereditament and"kappurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever.` AND the Grantor hereby covenants with said Grantee that the Grantor it6flly seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and that the Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under said Grantor, except for the Permitted Encumbrances. [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 132472: 072: 02562034.DOCX :5 } Page 202 of 499 OR 5617 PG 3665 IN WITNESS WHEREOF, the said Grantor has signed and sealed this instrument on the day and year first above written. Signed, sealed and delivered in our presence: Signature ofyVitnes 1 _ F Print Name of Witnes Signature�f Witness 2 Print Na4 of Witness 2 STATE OF FLORIDA COUNTY OF PALM BEACH NAPLES SENIOR HOUSING II OPCO, LLC, a Delaware limited liability company By: Printed Name: S. David Selznick Title: Vice President The foregoing instrument was acknowledged and witnessed before" by S. David Selznick, as the Vice President of Naples Senior Hou: limited liability company, on behalf of the company, who is personal I am a commissioned notary public in the State of Florida and my tAfty(All 2-4, gtD ; [Notary Seal] W Notary Publi Print Name: i l ;ot.�Y^� ERIKAYESS My Commission _ ' Ny- ,u Notary Public - State of Florida ' Ate' Commission N GG 200820 of My Comm. Expires Mar 27, 2022 10th day of April, 2019, 'CO, LLC, a Delaware ion expires on 2 Page 203 of 499 OR 5617 PG 3666 TRACT 1: The land convey' liability company, Z dated August 23, 204 the Public Records of C TRACT 2: Exhibit A Legal Description from Naples Senior Housing I PROPCO, LLC, a Delaware limited Senior Housing I1 OPCO, LLC, a Delaware limited liability company, -,corded August 29, 2018, in official records Book 5547, Page 3053, of County, Florida. Lot 9 of SIERRA MEADOA Book 39, Pages 11-13, of the Lot 6 of SIERRA MEADOWS, Book 39, Pages 11-13, of the P the following described parcels: • u::e Plat thereof as recorded in Plat ,Records of Collier County, Florida, AND to the Plat thereof as recorded in Plat r�ls of Collier County, Florida, LESS The Easterly 15.00 feet of Lot 6, SIERRA' ,�ADOWS, according to the Plat thereof as recorded in Plat Book 39, Page I %trough 13, of the Public Records of Collier County Florida, being more particuh'zrl, described as follows: Beginning at the Northeast corner of said Lot- "aid point also being the intersection of the Westerly right-of-way line of Col' Ar Boulevard and the Southerly right-of-way line of Sequoia Drive, thence So fl, 00°50144" West along said westerly right-of-way line, a distance of 114.-el 'eet 'tp the North line of Tract L, SIERRA MEADOWS, as recorded in Plat Book'39,?age 11 through 13 of the Public Records of Collier County, Florida; thence,, or li 89°09'16" West along said North line and its Westerly projection, a distance of 15.0 feet, thence North 00°50'44" East, a distance of 113.82 feet to the Sout rbr)fight-of- (32472: 072: 02562034.DOCX :5 ) EXHIBIT A-1 Page 204 of 499 OR 5617 PG 3667 way line of said Sequoia Drive, thence North 87°48'19" East along said Southerly right-of-way line, a distance of 15.02 feet to the Point of Beginning. and A tract or prr ,land situated in the State of Florida, County of Collier, lying In Section 22, `owtr` Jrtp 50 South, Range 26 F.ast, being the li'est 45 feet of the East 60 feet of-4fie`� Xgrth 30 feet of said Lot 6, SIERRA MEADOWS as described in Plat B '3`9, Pages II through 13, Collier County Public Records and more particularly tfescrlbed as follows: Commencing at the�Noff east corner of Lot 6 of said subdivision; thence S.88°03'44" W. for 15.0 feet lo the Point of Beginning, thence S.01 °06'09"W. for 30 feet; thence S.88°03 4"13; for 45.00 feet; thence N.01 °06'09"E. for 30.00 feet; thence N.88°03'44' . f _ 45 _eet to the Point of Beginning. (32472: 072: 02562034.DOCX:5 ) EXHIBITA-2 Page 205 of 499 *** OR 5617 PG 3668 *** Exhibit B Permitted Encumbrances 1. All, lien} for property taxes and assessments, water charges, and sewer assessments that arttot 'due and payable. 2. All restecti "s, covenants, easements, rights -of -way, and other matters of record or apparent.. 'a. reasonable inspection of the Property. 3. All matters Afecting the condition of title to the Property created by or with the written consent of the Grantee; 4. All matters that wo, d be,shown by an inspection, a survey of the Property, or by inquiry of persons in possessiohf tlro Property. 5. All current zoning and bWVing 1Azvs, ordinances, rules, and regulations. ': (32472: 072: 02562034.DOCX :5 I EXHIBIT B Page 206 of 499 INSTR 6062197 OR 5950 PG 1027 CLERK OF THE CIRCUIT COURT AND DOC@.70 $178,593.80 REC $35.50 CONS $25,513,400.00 RECORDED 5/19/2021 4:17 PM PAGES 4 COMPTROLLER, COLLIER COUNTY FLORIDA Prepared by: Latham & Watkins LLP 330 N. Wabash Avenue, Suite 2800 Chicago, Illinois 60611 Attn: Rebekah Bidd,Ie, Esq. Record and return toe Hunton Andrews Kurth LLP x` Fountain Place 1445 Ross Avenue, Suite 37.00 Dallas, TX 75202` Attn: Benjamin Browder, Esq. THIS SPECIAL WARRANTY, D '. , PROPCO NAPLES, LLC, a Delaware linted Healthpeak Properties, Inc., 1920 Main Stret, Mabry ("Grantor"), to BRITTON (NAPLESS I an address of c/o Britton (Naples) LLC, 2711 N Attn: Legal Department/Real Estate ("Grantee' DEED made the 30th day of April 2021, by HCP DSL bility company, having a business address of c/o uile 1200, Irvine, California 92614, Attn: Adam G a�Delaware limited liability company, having 4�el .Avenue, Suite 1700, Dallas, Texas 75204, (Wherever used herein the terms "grdiir" and..,"grantee" include all parties to this instrument and the heirs; le"al'rlepresentatives and assigns of individuals, and the success :and assigns of corporations or other entities.) THE GRANTOR, for and in consideration of the sum of Traxfd No/100 Dollars ($10.00) and other valuable consideration, receipt whereof is hereby` aCkr owledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms untd'th Grantee, all of that certain land situated in Collier County, Florida (the "Property'), as more part culd y described as follows: See Exhibit A attached hereto and incorporated herein by this Tax Parcel Identification No. 73620100663 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same unto and for the use of the Grantee, its successors and assigns forever subject to those matters referenced herein. AND, the Grantor hereby covenants with the Grantee that as of the date of this deed the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and lawful US-DOCS\123433504 I Page 207 of 499 OR 5950 PG 1028 authority to sell and convey the Property; and that the Property is free from all encumbrances, except for (a) liens for all taxes for real property and personal property, and any general or special assessments against the Property that are not yet delinquent, (b) the rights of tenants, residents and other occupants in possession pursuant to written leases or other occupancy agreements for all or part of such Property, as tenants only and without options to purchase, (c) zoning ordinances and regulations and Any/other laws, ordinances or governmental regulations restricting or regulating the use, occupatcy enjoyment of such Property, (d) all encumbrances and easements, covenants, conditions and resfirirror ,ft..5 of record, including any matters shown on any subdivision or parcel map affecting suchrty,without any intention to re -impose any such matters of record as matters affecting tithe-ato°"sucfi:,Property, and (e) all matters that are or which would be revealed or disclosed by or in an ad A' survey or physical inspection of such Property (collectively, the "Permitted Encumbrances"); and the Grantor does hereby warrant the title to the Property and will defend the same against the lawfu 'claims of all persons claiming by, through or under the Grantor but against none other, and inalj$events subject to the Permitted Encumbrances. 2 Page 208 of 499 OR 5950 PG 1029 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. Witnesses: Signature t+ Print Name --ire--✓-{�� L`' _ - Signature r% d Print Name HCP DSL PROPCO NAPLES, LLC, a Delaware limited liability company By: Name: am G. Mabry Title: Senior Vice President A notary public or other officer completfi `tlisncertificate verifies only the identity of the individual who signed the document to w iibh4hjs certificate is attached, and not the truthfulness, accuracy, or validity of that "'doicuffieiRt. STATE OF CALIFORNIA COUNTY OF ORANGE On April'-42021, before me, M���-kknnIn6f , a Notary Public, personally appeared Adam G. Mabry, who" pr Ved to me-zA the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his duthlbiized capacity, and that by his signature on the instrument the person, or the entity--6poribehalf of which the person acted, executed the instrument. ' I certify under PENALTY OF PERJURY under the laws of th,fr-Sta of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tart' Public MANNING Notary Publili c • California 4 ' orange County 6 SIGNATURE OF NO Y PUBLIC Commission # 2259939 My Comm. Expires Oct 22, 2022 [Signature Page to Deed (Discovery Village Naples)] Page 209 of 499 *** OR 5950 PG 1030 *** Exhibit A Legal Description The Land referred to herein below is situated in the County of Collier, State of Florida, and is described as follows PARCEL A: LOTS 8 OF SIERRA,IAI);OWS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAQES 1 THROUGH 13, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, ORIDA- LESS AND EXCEPT TffIi I ,SAND CONVEYED IN DEED FROM NAPLES SENIOR HOUSING 1 PROPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO NAPLES SENIOR HOUSING II OPCO, I i C,'' A DELAWARE LIMITED LIABILITY COMPANY, DATED AUGUST 23,201 8 ANO? glt6ORDED AUGUST 29, 2018 IN OFFICIAL RECORDS BOOK 5547, PAGE 3053. PARCEL B: TOGETHER WITH: A NON-EXCLUSIVE EASEMENT FOR TH1 THE DRAINAGE AND BERM EASEMENT - RECORDS BOOK 2800, PAGE 1319, FOR THE PARCEL C: TOGETHER WITH: OF PARCEL ONE CREATED BY [ENT RECORDED IN OFFICIAL ;S DESCRIBED THEREIN. NON-EXCLUSIVE EASEMENTS FOR USE, ACCESS, tMLI 'IES, RETENTION FOR THE BENEFIT OF PARCEL ONE ' --AS -SET DECLARATION OF COVENANTS, CONDITIONS, RESTRIC,if6NS FOR SIERRA MEADOWS RECORDED IN OFFICIAL RECORD`', AMENDED IN OFFICIAL RECORDS BOOK 3415, PAGE 660, OFFI.CI 4009, PAGE 1998 AND OFFICIAL RECORDS BOOK 4057, PAGE 3686 ASSIGNMENT RECORDED IN OFFICIAL RECORDS BOOK 3330, PAC PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL D: TOGETHER WITH: DRAINAGE AND FORTH IN THE iND EASEMENTS 135, PAGE 802, AS CORDS BOOK A�F'AFFECTED BY 225-: ALL OF THE NON-EXCLUSIVE EASEMENT FOR ACCESS AND PARKING AS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT IN OFFICIAL RECORD BOOK 5539, PAGE 1394, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 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Ib-a4 Y Y :€IE€1$ E`a,'i� E g11�Ya > 1 E ��§�' � � I � � •a . � � 1` � � 1 ppXX a � �: fagg `•s g� tl � $Ig{Itl f° €. g! eg° g �p 8eg#�9fgl . 1 f$§ $i mow$ E� i $k � � ¢ €k € � � � €•, !$�Y 6 EI ! x g e ° 1 I is@EpE'tlp# i°ijg 19e�1 0•YdE 1 €. €$ .. a: sE 1 $ € g3 $I !! i t I 1 1 �nYYa�xNi�ri�is�xxznos NOISIAagns SMOQG3W vNNg1S 9 b '8 101 m = o _,;� S`OM&Y a Y12I0�32I aa.a. xm..aMo ..o aa, � .®o.a .�,.� „ soMa� .,Moe wog �.ns o.oa u,.3e m 4 Ey: ern Eli 9 24=$.k YiE �ga�3A�4 $C;.€ 0 " e �aa?gs'ezi 3Y ga$ � I 3E " s Hi 0 k 9� g� Y °Fg . lg9'sY: gY� EIE € ,tlfa.t!p@3g@@ z, IE ��iE.g Y§§ gF- ,49 sEF _Fp�F IYE 3G H gEBi�EFxdamt g Ste` g6 3 j 3 tl 4��s�a6 yp¢ Jill p'l Ila Y s fry g°3 ,E. gslEF !I!Y!l ata �€ e g 1 4-7—�g°sag Y gIld l j B®�F,Y 'YggE gY EF E g s i1Eg g Ec0 Y�Y g9S§ � 9§ g9E i�{Eg ggY Ywp VZ.1 � �agi 3 E �EmF Y F Ek� IN A€'€!� YE M,t l� z� THE lEI HBORHOOD COMPANY August 20, 2024 Michael Sawyer Transportation Management Services Department 2685 South Horseshoe Drive Naples, FL 34104 Subject: Sierra Meadows Lot 6 Planned Unit Development Amendment (PUDA) PL20240006561 TIS Waiver Request Mr. Sawyer: Please accept this letter of No Impact/TIS Waiver request for the above referenced PUDA application. The original Sierra Meadows MPUD was approved via Ordinance 99-91. The proposed amendment seeks to deviate from the maximum FAR for group housing by increasing the FAR from 0.45 to 0.60 on Sierra Meadows Lots 8 and 9 in order to facilitate commercial development on Lot 6. Lot 6 was used in the FAR calculation for the ALF/ILF development on Lots 8 and 9 under SDPA PL20150000071. The PUDA does not include an expansion of permitted uses or an increase in permitted commercial square footage and therefore proposes no additional transportation impacts. Please feel free to contact me with any additional questions at (239) 398-2016 or via email at pvC@theneighborhood.company. Sincerely, The Neighborhood Company Patrick Vanasse, AICP President Sierra Meadows Lot 6 PUDA PL20240006561 8/20/2024 Page 1 of 1 5618 Whispering Willow Way, Ft Myers, FL 33908 1 239-398-2016 www.theneighborhood.companv Page 231 of 499 4.6 DEVIATIONS FROM LDC C. The following deviation from the Land Development Code is applicable to Lots 8 and 9 of Sierra Meadows, according to the plat recorded in Plat Book 39, Pages 11-13. Deviation #1: Seeks relief from LDC section 5.05.04 D.1, "Group Housing", which states that the maximum floor area ratio (FAR) for assisted living facilities (ALF) or independent living facilities (ILF) shall not exceed 0.45, to instead allow for a maximum FAR of 0.60 on Lots 8 and 9. Page 232 of 499 THE NEIGHBORHOOD COMPANY SIERRA MEADOWS MPUD Planned Unit Development Amendment (PUDA) DEVIATIONS AND JUSTIFICATIONS Deviation 1 seeks relief from LDC section 5.05.04 D.1, Group Housing, which states that the maximum floor area ratio (FAR) for assisted living facilities (ALF) or independent living facilities (ILF) shall not exceed 0.45, to allow for a maximum FAR of 0.60 on Lots 8 and 9. Justification: Although the LDC limits FAR for ALFs and ILFs to 0.45, an increase to 0.60 is a common deviation approved through the PUD rezone or amendment process. During the approval process for the Discovery Village site development plan amendment (SDPA) PL20150000071 for Lots 8 and 9, an undeveloped commercial tract (Lot 6) adjacent to the project site was used as part of the FAR calculation in order for the project to be within the standard maximum FAR of 0.45. Maximum square footage per the FAR was calculated as follows: 301,174 SF (Lot 8) + 322,538 SF (Lot 9) + 84,937 SF (Lot 6) *0.45 = 318,892 SF FAR provided: 120,800 SF (Phase 1) + 198,088 (Phase 2) = 318,888 SF As demonstrated in the approved SDPA, Discovery Village Phases 1 and 2 were built entirely on Lots 8 and 9; Lot 6 remained undeveloped and was only used for FAR calculation. The net FAR on Lots 8 and 9 is calculated as follows: 301,174 SF (Lot 8) + 322,538 SF (Lot 9) = 623,712 SF 318,888 SF (Phases 1 and 2) / 623,712 = 0.51 The requested deviation for maximum FAR on Lots 8 and 9 has effectively no impact on the site as it exists today; Discovery Village has been fully built out in compliance with all development standards and buffer requirements of the existing MPUD. The use of Lot 6 in the calculation of the FAR for the ALF/ILF on Lots 8 and 9 rendered Lot 6 effectively undevelopable. Increasing the maximum FAR for group housing unencumbers Lot 6, allowing it to be developed in accordance with the intent of the MPUD. Sierra Meadows PUDA Submittal #1 08/22/2024 Page 1 of 1 5618 Whispering Willow Way, Fort Myers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 233 of 499 DEC 1999 ORDINANCE 99- 91 left cRE Clerk of Board AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COIJ]FlE COUNTY, FLORIDA, BY AMENDING THE OFFICIAL 'ZONING ATLAS MAP NUMBERED 0622 BY CHANGING THE* 'ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA MEADOWS PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE -HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 90.8+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-64, THE FORMER SIERRA MEADOWS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Anderson, Esq., of Young, Van Assenderp, Varnadoe and Anderson and Greg Stuart, AICP, of Stuart and Associates, representing Land Trust Nap le9, petitip"'ed,tAe, Board of County Commissioners to change the zoning classification of the herein described rent property; ��� NOW THEREFORE BE IT ORDAINED BY THE BOARD bF-', COTIN'� COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0622, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 94-64, known as the Sierra Meadows PUD, adopted on December 20, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1 Page 234 of 499 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/day of �441 , 1999. ATTEST: DWIGHT E. BROCK, Clerk ,Y At es As to Cheirmtft 9 slgina#ur•R only. Appro ed as to Form and Legal Sufficiency Marjori M. Student Assistant County Attorney ORDINANCE/PUD-94-01(I )ISM/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' ' /i -' y P ELA S. MAC'KIE, This ordinance filed with the / Secretary of St te's Office the day of , /M - and acknowledgement �Offy�that filing received this AZ clay of Lam - By oaw-h Cie dm Page 235 of 499 PUD-94-1(1) Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Sierra Meadows PUD A Mixed Use Development Prepared by: Stuart and Associates---�--- 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPQ Date Approved by BCC: /A//yj $�F Ordinance Number: 9P 9/ Page 236 of 499 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Residential District SECTION IV Community Commercial District SECTION V Conservation Reserve District SECTION VI General Development Commitments EXHIBIT "A" PUD Ordinance EXHIBIT "B" Master Concept Plan LIST OF EXHIBITS PAGE 3 5 6 11 16 20 21 2 Page 237 of 499 STATEMENT OF COMPLIANCE The development of 90.8+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Sierra Meadows PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial, residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951, and is classified as the Urban Commercial Mixed Use Activity Center on the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen (16) dwelling units per acre within the Activity Center. The Sierra Meadows PUD calls for a 30- acre plus commercial tract with an integrated three -hundred (300) multi- family dwelling unit tract. 2. Activity Centers are the preferred locations for the concentration of mixed - use residential and commercial development activities. The proposed development includes both residential and commercial uses which is entirely consistent with the Urban Commercial District Objective and associated Policies and Standards. 3. Provisions are included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on -site and off -site traffic movements and to provide interconnections for pedestrians, bicycles and motor vehicles for existing and future adjacent projects. 4. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community educational facilities to the south and future residential land uses to west. 5. The subject property's Mixed Use Activity Center location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. 6. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as Page 238 of 499 set forth in Policy 2.3 of the Future Land Use Element. The development project will be served by a full range of services and utilities provided by the County and will result in an efficient and economical expansion of facilities as required Policy 3.1 H of the Future Land Use Element. 7. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 8. The Sierra Meadows PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 9. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre, or 300 total maximum units. Land Use Area (1) Density Dwelling Units Total Site Area 90.8 Less Commercial Tract 30.2 ac. Right-of-way 3.1 ac. Multi -family Residential 18.7 ac. Preserve and Surface Water 38.8 ac Management Area Net Gross Area For Residential 60.6 ac Density Calculations -- ♦ Mixed Use Activity Center 5.1 ac. @16 DUS per ac. 82 DUS ♦ Residential Base Density 55.5 ac. @4 DUS per ac. 222 DUS ♦ Activity Center Density Band 55.5 ac. @ 3 DUS per ac. 166 DUS ♦ 2 Direct Access Connections 55.5 ac @ 1 DUS per ac 55 DUS Total Estimated Maximtn a Units 60.6 ac. 8.66 DUS per ac: 525 DUS Sierra Meadows PUD Amendment 60.9 ac. 4.93 DUS per ac. 300 DUS (1) Right-of-way, Corrunercial and Residential Tract areas to be finalized at Final Site Development Plan Review. Page 239 of 499 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Sierra Meadows PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The North one-half (9-1/2) of the North one-half (9-1/2), except the Northwest quarter (NW-1/4) of the Northwest quarter (NW-1/4) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Land Trust Naples. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property Is located within an Urban Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 PROJECT DESCRIPTION Approximately 40-acres of the 90.8 acre property are located within the Mixed Use Activity Center. The Sierra Meadows PUD will include a mixture of land uses for commercial, residential and conservation reserve. The mixed -use project will consist of a 30.2 plus acre commercial land use tract, approximately 3.1 acres of internal right-of-way, a 18.7-acre residential land use tract, and a 38.8-acre conservation reserve tract. The final size and configuration of the commercial, right-of-way, residential and conservation reserve tracts will be determined during final Site Development Plan approval process however, the final size shall not deviate more then five percent of the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plan is depicted within the Exhibit "A", PUD Master Plan. A maximum number of three hundred (300) dwelling units are proposed along with two - hundred and sixty thousand (260,000) square feet of gross commercial floor area. The Sierra Meadows PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. Individual tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Sierra Meadows PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Page 241 of 499 B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Sierra Meadows PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAMD USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for Pale 242 of 499 perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.10 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 90.8 +l- acres, requiring a minimum of 27.24 acres to be retained as open space throughout The Sierra Meadows PUD. The 38.8-acre conservation reserve tract will comprehensively meet the projects 30% open space requirement. The 30% open space requirement shall not apply to individual development parcels. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Page 243 of 499 Development Code, 25% of the viable naturally functioning native vegetation on site, or approximately 22.7 acres, shall be retained. The 38.8-acre conservation reserve tract will comprehensively meet the projects 25% native vegetation requirement. The 25% native vegetation requirement shall not apply to individual development parcels 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to Issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. ___. Page244-of499-- - Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site - clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County; 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A site -clearing plan shall be submitted for review and approval that shows the acreage to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b) The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c) The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon the issuance of a 10 _ Page 245 cf 499 building permit. A separate security will not be required if such costs are included in the subdivision security. 2.16 ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as "Residential'. 3.2 MAXIMUM DWELLING UNITS A maximum number of three hundred (300) Dwelling Units may be constructed on lands designated 'Residential' on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shall not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Multi -family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential District is eighteen and seven - tenth (18.7) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 11 Paaa24jCJ-Qf 499 _ 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multiple -family dwellings including Garden Apartments. 2) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs) pursuant to Section 2.6.26 of the Land Development Code. 4) Group Care Facility (category I and category ll) pursuant to Section 2.6.26 of the Land Development Code, excluding Homeless Shelters. 5) Nursing home facility pursuant to Section 2.6.26 of the Land Development Code. 6) Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 7) Guard houses and entrance gates. 8) Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 9) Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses: 1) Uses and structures that are necessary and Incidental to uses permitted as a right including, but not limited to, garages and carports. 2) Parks, passive recreational areas, boardwalks, observation platforms. 3) Biking, hiking, health and nature trails. 4) Water management facilities and lakes, including lakes with seawalls and other types of architectural bank treatment, and essential services. 5) Recreational shelters, restrooms, off-street parking, lighting and signage. 12 Page 247 of 499 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 2. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 3. Site development standards for single family attached and townhouses apply to individual residential lot boundaries. Multi -family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. 13 Panes �dR of dQ(a TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS PERMITTED USES AND STANDARDS SINGLE FAMILY ATTACHED & TOWNHOUSE MULTI - FAMILY DWELLINGS Category 1 2 Minimum Lot Area 3,000 SF per DU I AC Minimum Lot Width 30 150 Front Yard 20 25 Front Yard for Side Entry Garage 10 15 Side Yard 0 or .5 BH 0.5 BH Rear Yard Prineipal*2 20 BH Rear Yard Accessory 10 15 Maximum Building Height 35 55 Distance Between Principal Structures .5 SBH .5 SBH Floor Area Min. (S.F.) 1200 425 ♦ BH: Building Height • SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. ♦ SF: Square feet ♦ All distances are in feet unless otherwise noted. ♦ Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right- of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel is served by a platted private drive, the setback Is measured from the back of the nearest easement or property line, whichever is more restrictive. ♦ '1 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. ♦ '2 - Rear yards for principal and accessory structures on lots and tracts which abut a non - jurisdictional open space or native vegetation preservation area may be zero (0') feet except that when abutting a lake or water body; an architectural bank treatment shall be incorporated into the design. 14 ___ Page 249 of 499_ • *3 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. • *4- The zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi- detached units. ♦ *5 -Group care facility (category I and category II other than homeless) — 1,500 sq.ft. plus 200 sq.ft. per live-in person, beginning with the seventh live-in person. 15 Page 250 of 499 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the 'Commercial District that includes the project's internal right-of-way will be thirty and three -tenths (33.3) acres of which approximately three and one -tenth (3.1) acres will be for right-of-way. Net commercial land area will be thirty and two -tenth (30.2) acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to two hundred and sixty thousand (260,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development. 4.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, 0752, except for outdoor kenneling) 2. Amusements and Recreation Services - Indoor (7911 to 7933, 7991 and 7997) 16 Page 251 of 499 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Auto and Home Supply Stores (5531) 5. Automotive Services, Car Washes, Supplies and Gasoline Station, subject to Section 2.6.28 of the Land Development Code (Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation, but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.15.2.1.5 of the Land Development Code.) 6. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies). 8. Business Services (Groups 7311-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning, bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Services (8351) 10.Communications (Groups 4812-4841, except principal transmission towers) 11.Depository Institutions (Groups 6011-6099) 12. Drug Stores and Proprietary Stores (5912) 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 14. Hotels and motels (Groups .7011, 7021, 7041). 15. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 16. Food Stores (Groups 5411-5499) 17. General Merchandise Stores (Groups 5311-5399) 18. Group Care Facilities (Category I and II) Care Units and Nursing Homes, subject to Sec. 2.6.26 17 Page 252 of 499 19. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20.Health Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 22.Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 23. Legal Services (8111) 24. Libraries (8231) 25. Management and Public Relations Services (Groups 8741-8743,8748) 26.Membership Organizations (8611-8699) 27. Miscellaneous Personal Services (7291) 28. Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832). 30. Museums and Art Galleries (8412) 31. Non -depository Credit Institutions (Groups 6111-6163) 32. Paint, Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 34. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 35. Real Estate (Groups 6512, 6531-6541) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 6211- 6289) 38. Video Tape Rental (7841) 39.Vocationai Schools (Groups 8243-8299) 40.Any other general commercial use, which is comparable in nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the foregoing uses. 18 Page 253 of 499 4.4 ACCESSORY USES AND STRUCTURES Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict which the Planning Services Department Director determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Development Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right -of --way, the setback is measured from the adjacent right-of-way line. 19 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. Signs: As required by Division 2.5. of the Land Development Code. SECTION V CONSERVATION RESERVE DISTRICT 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as Conservation Reserve Tract. 5.2 GENERAL DESCRIPTION The 38.8-acre tract designated as Conservation Reserve on the PUD Master Plan is designed to accommodate a full range of conservation and limited water management uses, functions and berms. The primary purpose of the Reserve District is to conserve native on -site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for the enjoyment of The Sierra Meadows PUD residents, and to provide a native vegetative buffer for future adjoining residential uses to the west. The Conservation Reserve Tract consists of 35.9 acres of wetlands and uplands preserve, and 2.9 acres of a perimeter berm easement. The final size and configuration of the commercial, residential and conservation reserve tracts will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. 20 Panga 755 of 499 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, berms, structures and lake bulkheads or other structural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with Jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Sierra Meadows PUD shall be responsible for control and maintenance of lands within the Reserve District. 01 Page 256 of 499 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.6 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other Instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. C. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code, including development monitoring report provisions. 22 Page25.7_oi499 -- 6.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. F. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 951 and the project entrance if and when the County warrants the project. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at all project entrances prior to the issuance of a Certificate of Occupancy. C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 23 D. The developer shall provide sidewalksibikepaths along all PUD development tract arterial roadway frontages at the time of final site development permitting and construction for each phase and parcel of the PUD. E. At each development access driveway, an additional 12 feet is needed for right turn lane facilities. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credits to the applicant. The applicant shall provide to the County in fee simple ownership, a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6.8 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 24 Page 259 of 499 8. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. G. The 35.9-acre Conservation Reserve Tract will serve to meet all Land Development Code native open space requirements for the Residential and Commercial Tracts. A copy of the South Florida Water Management District Conservation Easement will be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. 25 Paage 260 of 499 EXHIBIT B THE SIERRA MEADOWS PUD MASTER PLAN 26 Paae 261 of 499 e ieea efit �� 'if r ,3 11 4 ,1# 3 �1 a 8 1 MNlES IAIO 1116TI ma OS lRA00 SIR UK =�L ROM =U r y��Y�1O Gr elihe y ��ii'��ei Me w�f• �C SIERRA MEADOWS P.U.D. I 5 0,:,»_—... �••.-��� MASTER PLAN •'_ i�f� ► �'"°"°" sFmia n, me"w so moor, "%W W usr ... n e _Pa7e-262-o-r4c� STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-91 Which was adopted by the Board of County Commissioners on the 14th day of December, 1999, during Regular Session. ! o =• c-, WITNESS my hand and the official seal of the Board`1$f= 3y c. County Commissioners of Collier County, Florida, this 15trh`,4a�of a� December, 1999. !� DWIGHT E . 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II I 4—n Im N�t"t Iym �I�H i a �YS �mM I e jH i� I_ li I 3n pro g IN t I N CIE LocaliQ Florida GANNETT AFFIDAVIT OF PUBLICATION Rachel Hansen The Neighborhood Company 5618 Whispering Willow WAY Fort Myers FL 33908-4519 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Classified Legal CLEGL, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: 11/12/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 11/12/2024 Lega erk otary, tate of �WufU o own 5-/saw My commission expires Publication Cost: $1406.14 Tax Amount: $0.00 Payment Cost: $1406.14 Order No: 10725798 # of Copies: Customer No: 1125544 1 PO #: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. NANCY HEYRMAN Notary Public State of Wisconsin PO Box 631244 Cincinnati, OH 45263-1244 Page 1 of 2 Page 267 of 499 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend neighborhood information meetings (NIM) held by Patrick Vanasse of The Neighborhood Company, representing S-H Naples Development Propco, LLC. The meeting will be held on December 3 at 5:30 p.m. at Shepherd of the Glades Church (6020 Rattlesnake Hammock Road, Naples, FL 34113). If you are unable to attend in person, a Zoom option will be available. If you would like to participate via Zoom, please send an email to rh@theneighborhood. company prior to December 2 to request the meeting link. Subject Property: 8417 and 8375 Sierra Meadows Boulevard (Lots 8 and 9) located off Sierra Meadows Boulevard, approximately 750 feet southwest of the intersection of Rattlesnake Hammock Road and Collier Boulevard: - -- -- -- w.._ -- ---- -- --- i I i /, AOPERTYI 5 c i � I i i .................. The applicant is requesting an amendment to the Sierra Meadows Mixed Use Planned Unit Development (MPUD) to increase the floor area ratio (FAR) of 0.45 to 0.6 to reflect the FAR of the existing ALF/ILF facility known as "Discovery Village" located on Lots 8 and 9 in order to facilitate commercial development on Lot 6. No changes are proposed to the list of permitted uses, total commercial square footage, residential density, preserve areas, open space, or access; all of which are already platted consistent with the MPUD Master Plan. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/ developer and The Neighborhood Company. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail by December 2, 2024 to: Patrick Vanasse The Neighborhood Company 239-398-2016 pv@theneighborhood.company Page 268 of 499 AN60000.. THE NEIGHBORHOOD COMPANY October 30, 2024 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Planned Unit Development Amendment (PL20240006561) for the following property: Lots 8 and 9 comprise ±14.3 acres of the Sierra Meadows Mixed Use Planned Unit Development (MPUD). The subject property is located off Sierra Meadows Boulevard, approximately 750 feet southwest of the intersection of Rattlesnake Hammock Road and Collier Boulevard in unincorporated Collier County, Florida. The specific address is 8417 and 8375 Sierra Meadows Boulevard, Naples, FL 34113 (Property IDs: 73620100663, 73620100676, 73620100689). 5618 Whisperi ng Willow Way, Fort Myers, FL 33908 1239.398.2016 www.theneighborhood.comgany Page 1 of 2 Page 269 of 499 The applicant is requesting an amendment to the MPUD to increase the floorarea ratio (FAR) of 0.45 to 0.6 to reflect the FAR of the existing ALF/ILF facility known as "Discovery Village" located on Lots 8 and 9 of Sierra Meadows in order to facilitate commercial development on Lot 6. No changes are proposed to the list of permitted uses, total commercial square footage, residential density, preserve areas, open space, or access; all of which are already platted consistent with the MPUD Master Plan. In compliance with Land Development Code requirements provide you with an opportunity to fully understand the December 3 at 5:30pm at the following address: Shepherd of the Glades Church 6020 Rattlesnake Hammock Road, Naples, FL 34113 , a Neighborhood Information Meeting will be held to proposed amendment. The meeting will be held on If you are unable to attend in person, a Zoom option will be available. If you would like to participate via Zoom, please send an email to rh(cDtheneighborhood.company prior to December 2 to request the meeting link. Should you have questions prior to the meeting, please contact me at pvCcDtheneighborhood.company or 239-398- 2016. Sincerely, Patrick Vanasse, AICP President & Partner 5618 Whisperi ng Willow Way, Fort Myers, FL 33908 1239.398.2016 www.theneighborhood.company Page 2 of 2 Page 270 of 499 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 3:00 P.M. on March 6, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 1999-91, AS AMENDED, THE SIERRA MEADOWS MIXED PLANNED UNIT DEVELOPMENT BY CHANGING THE FLOOR AREA RATIO FOR GROUP HOUSING ON LOTS 8 AND 9 OF THE SIERRA MEADOWS SUBDIVISION FROM .45 TO .60, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.3+/- ACRES OF A 90.8 ACRE MPUD, IS LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE -HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20240006561] r 1Project Location ■ Y f An 1 � 13 r i y r te aim LN • RD NJ All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to March 6, 2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the Page 271 of 499 public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Joseph K. Schmitt, Chairman Page 272 of 499 ► ► M T tax"N •► 61 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in frill view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED C' `` Ck V) WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PI 20940006561 SIGNATURE OF APPLICANT R AGENT N OSTREET OR P.O. BOX Sari{ ZSa NAME (TYPED OR RINTED) �n /-A"ytAs . FL 33 y i3 CITY, STAT ZIP STATE OF FLORIDA COUNTY OF COLLIER (� l The foregoing instrument was sworn to and subscribed before me this d. Uday of�20— by yonaS5Z, Ersonally known to me o who produced as identification and who did/did not take an oath. Notary Public State of Florida Alelandrina Garcia Signature bfNotary Public III My Commission HH 310670 Expires 9/1112026 My Commission Expires: (Stamp with serial number) C—�Cjl-c I'c'— Printed Nat e of Notary Public Rev. 3/4/2015 Page 273 of 499 t7 z a LLI 2 U an m O CL LU Fn -I.-F rE D m CD J c m im aL CD 1 LM � 7 CD r� .0 �f E E 0 u 4-P 0 L) 0 IA to 4 0 LL M' c 0 C) � a) OL 4-P z LU L_ �E �E v 00 X0 cps ■ i w uj z z CL L) r L) z M 0 u z z ML W dm ICL m � f%j C=h d CL TF 0 � � � r {CJ W l c LL �l:' F Ohd =_ r C M d C �+; L) LJJ m 3/6/2025 Item # 9.13 ID# 2025-546 ** THIS ITEM WILL NOT BE HEARD BEFORE 5:05 P.M. ** PL20210001291- Community Housing Plan Initiatives LDCA - An Ordinance of The Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, The Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to implement housing initiatives in the Collier County Growth Management Plan relating to affordable housing by right in certain commercial zoning districts with a sunset date; increasing density for affordable housing; and providing regulations for transit oriented development, by providing for: section one, recitals; section two, findings of fact; section three, adoption of amendments to the Land Development code, more specifically amending the following: Chapter One- General Provisions, including section 1.08.01 Abbreviations and Section 1.08.02 definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.03 Commercial Zoning Districts, Section 2.05.01, Density Standards and Housing Types, Section 2.06.03 AHDB Rating System, and adding Section 2.07.00 Mixed Income Housing Program for Housing that is Affordable, including Section 2.07.01 Purpose and Intent and Section 2.07.02 Program Criteria; Chapter Four- Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.38 Specific Design Criteria for Mixed Use Development Within C-1 Through C-3 Zoning Districts, and adding Section 4.02.40 Housing that is Affordable Within C-1 Through C-5 Commercial Zoning Districts, Section 4.02.41 Housing that is Affordable Within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan, and Section 4.02.42 Transit Oriented Development (TOD); Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, AICP, CFM, Planning Manager] ATTACHMENTS: LDC amendment (02-05-2025) Page 276 of 499 ,S Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210001291 ORIGIN Board of County Commissioners (Board) HEARING DATES BCC TBD SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment implements several initiatives from Collier County Community Housing Plan (CHP). The new provisions expand the allowance for commercial zoning to develop with a residential use or a mixed use development (residential and commercial), and to increase density within Activity Centers and along bus/transit lines [in connection with Transit Oriented Development (TOD)]. LDC SECTION TO BE AMENDED 1.08.01 Abbreviations CCPC 03/06/2025 1.08.02 Definitions DSAC 06/07/2023 2.03.03 Commercial Zoning Districts DSAC-LDR 01/19/2022 2.05.01 Density Standards and Housing Types 06/15/2021 2.06.03 AHDB Rating System 2.07.00 Mixed -Income Housing Program for Housing that is Affordable (NEW) 2.07.01 Purpose and Intent (NEW) 2.07.02 Program Criteria (NEW) 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.38 Specific Design Criteria for Mixed Use Development within C- 1 through C-3 Zoning Districts 4.02.40 Housing that is Affordable in Commercial Zoning Districts (NEW) 4.02.41 Housing that is Affordable within Activity Centers or Interchange Activity Centers (NEW) 4.02.42 Transit Oriented Development (TOD) Design Standards (NEW) ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with recommendations Approval with recommendations TBD BACKGROUND: After much public discussion regarding the housing situation in Collier County (see Exhibit A), an Urban Land Use Institute Panel Report in 2017 concluded that Collier County has a "housing affordability problem," and its recommendation centered upon six core strategies (see Exhibit B). On October 25, 2017, the Board accepted a Community Housing Plan (CHP) and authorized staff on February 27, 2018, to begin its implementation. As a follow up to that item, the Board reviewed an LDC amendment (PL20180002172) on February 12, 2019. Ordinance 2019-02 approved new affordable housing definitions and the Affordable Housing Density Bonus Program (AHDB Program), which increased the affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre. At an earlier meeting, on October 9, 2018, the Board directed staff to move forward with the final recommendations of the CHP. Staff was tasked with preparing Growth Management Plan (GMP) and LDC amendments to address five initiatives identified in the CHP. Those initiatives are identified in Exhibit C. G:\LDC Amend ments\Adviso ry Boards and Public Hearing s\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05- 2025).docx Page 277 of 499 ,S Collier County Initiative 1 was addressed when staff presented an LDC amendment (PL20200001703) to the Board on February 9, 2021. The Board adopted Ordinance 2021-05, providing relief from specified processes, to better ensure cost certainty and savings for projects containing housing that is affordable. The proposed LDC amendment addresses Initiatives 2, 3, and 5. The proposed provisions include the following: (2) expanding the allowance for commercial develop with a residential use or a mixed use development (residential and commercial) when providing for housing that is affordable; (3) increasing density within Activity Centers from 16 units per acre to 25 units per acre when providing for housing that is affordable; and (5) increasing density opportunities along bus/transit lines. In developing these initiatives, staff has worked with consultants, stakeholders, the development industry, non-profit agencies, and various other interested parties over the course of the last 18 months. This LDC amendment represents the implementing regulations to a companion GMP amendment (PL20210000660) to incorporate Initiatives 2, 3, and 5 within the GMP to advance opportunities for housing that is affordable. The companion GMP amendment included a sunset date, it increased density (for affordable housing), and established provisions for Strategic Opportunity Sites, which do not necessitate LDC changes. It was approved by the Board on November 14, 2023 (Ord. 2023-57). This LDC amendment will serve to implement components of Ord. 2023-57. The purpose and intent of the Mixed -Income Program for Housing that is Affordable is to incentivize affordable housing and implement the GMP, § 163.3161 et seq. Florida Statutes, and the Florida Administrative Code. The LDC amendment also proposes to modify the Affordable Housing Density Bonus Rating System table in LDC section 2.06.03. Staff determined these changes are necessary to make the program viable by promoting the greatest incentives to those households deemed to have the greatest needs. Within the existing Affordable Housing Density Bonus table, the restriction placed on rental units was only available to the income levels below the 80% of Area Median Income (AMI). This restriction did not align with the market's response for affordable housing —most affordable housing projects proposed over the last three years had sought to provide for income restricted units on a rental basis, targeting equal to or below 100% of AMI. Additionally, the income ranges within the existing table provided too wide of a spread for the Moderate range at 80-120% of AMI. To remedy this, staff created the "median" category, which allows for a 100-120 percentage range, as well as an 80-100 percentage range. Staff utilized the mathematics principle of ratio relationships to justify the density bonuses provided for within the new categories. These changes are consistent with recently approved privately initiated GMP amendments and Board policy. Staff anticipates the approval of this amendment will result in fewer privately initiated GMP amendment requests in the future. Likewise, these changes have been endorsed by the Affordable Housing Advisory Committee (AHAC) at their May 21, 2024, meeting. One change that has occurred since DSAC-LDR is that staff added a minimum size to Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts in LDC section 4.02.01, to account for the residential units that are now proposed throughout the C-1, C-2, C-3, C-4, and C-5 zoning districts. The sizes are consistent with the minimum sizes required in the RMF-12 and RMF-16 zoning districts. DSAC-LDR Subcommittee Recommendation: On June 15, 2021, the DSAC-LDR Subcommittee discussed deleting the word "inner" from the definition of Transit Core. The DSAC-LDR recommended approval of the LDC amendment with the following changes, which have been incorporated into the amendment: • The provision for mixed use development (residential with housing that is affordable and commercial) that is currently proposed in the C-1, C-2, and C-3 zoning districts should also be carried forward to the C-4 and C-5 zoning districts as well with edits made to LDC section 4.02.38 accordingly. The LDC amendment returned to the Subcommittee on January 19, 2022, because numerous changes had been made since their last review in 2021. The Subcommittee recommended approval with a request that staff review and approve their suggested changes, including requiring a vegetative buffer when a residential or mixed -use project is adjacent to a single-family development. 2 G:\LDC Amend ments\Adviso ry Boards and Public Hearing s\CCPC\2025\03-06\Materials\PL20210001291 CHIP Initiatives - LDCA (02-05- 2025).docx Page 278 of 499 ,S Collier County DSAC Recommendation: On June 7, 2023, the DSAC recommended approval of the LDC amendment, including the changes presented by staff, and contingent upon requiring 14-foot tall trees within the required buffers when a housing that is affordable project contains building heights greater than 40 feet and is adjacent to single-family residential. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County's stakeholders. There is a slight increase in the maintenance cost to Collier Area Transit for new bus stops associated with the TOD provisions, but they are anticipated to be minimal. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Background; B) ULI Advisory Services Panel Report; and C) CHP Initiatives 3 G:\LDC Amend ments\Adviso ry Boards and Public Hearing s\CCPC\2025\03-06\Materials\PL20210001291 CHIP Initiatives - LDCA (02-05- 2025).docx Page 279 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT Amend the LDC as follows: 1.08.01 — Abbreviations Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted TND Transitional Neighborhood Design TOD Transit Oriented Development TP Turtle Permit # # # # # # # # # # # # # 1.08.02 — Definitions Abut or abutting: To share a common property line or boundary at any one point. * * * * * * * * * * * * * Affordable housing specifically includes the following income level targets for Collier County, based on the income categories as determined by the Secretary of the U.S. Department of Housing and Urban Development: a. Very -low-income: Households whose incomes do not exceed 50 percent of the median income. b. Low-income: Households whose incomes are greater than 50 percent but do not exceed 80 percent of the median income. C. Median -income: Households whose incomes are greater than 80 percent but do not exceed 100 percent of the median income. de. Moderate -income: Households whose incomes are greater than 100 60 percent but do not exceed 120 percent of the median income. ed. Gap -income: Households whose incomes are greater than 120 percent but do not exceed 140 percent of the median income. * * * * * * * * * * * * * Approved affordable housing: Affordable housing that includes a long-term affordability restriction wherein the cost of housing and income of the household are known and monitored, for a specific period of time. This includes housing that meets the criteria of LDC section 2.06.00 Affordable Housina Densitv Bonus or LDC section 2.07.00 Mixed -Income Housina Proaram for Housing that is Affordable. Transit Core: The area within a quarter -mile radius around a Collier Area Transit stop, shelter. or station. This is measured as a radial distance from the Derimeter of the buildina or structure footprint of the transit stop, shelter, or station. 4 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 280 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 L11EA1121 Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted Transit Oriented Development (TOD): A protect or protects, in areas identified in the GMP, that is or will be served by existing or planned Collier Area Transit service. TODs are subject to standards that require the development to be compact, interconnected with other land uses, and pedestrian oriented, and dwelling units are required to be multi -family. # # # # # # # # # # # 2.03.03 — Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through for housing that is affordable or through conditional use approval_ The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. Accounting (8721). 16. Direct mail advertising services (7331). 17. Dwellings (i.e., single-family, multi -family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use, see 28. below. 1847. Educational plants and public schools subject to LDC section 5.05.14. 5 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 281 of 499 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT c Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 1949. Engineering services (8711). 204-9. Essential services, subject to LDC section 2.01.03. 2120. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 2224. Health services, offices and clinics (8011-8049). 232-2. Insurance carriers, agents and brokers (6311-6399, 6411). 242-3. Landscape architects, consulting and planning (0781). 2524. Legal services (8111). 2625. Loan brokers (6163). 272-6. Management services (8741 and 8742). 28. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi -family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 2927. Mortgage bankers and loan correspondents (6162). - Remainder of list to be renumbered accordingly — 4344. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. 6 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 282 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 12. Mixed residential and commoercial uses, subject to des!g^ oriterla nomamed on seGtieTn 4 02.38 a Gep+ where superseded by the following criteria: B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district for housing that is affordable or through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. Accounting (8721). 23. Direct mail advertising services (7331). 24. Dwellings (i.e., single-family, multi -family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five vears from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use, see 47. below. 2524. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 2625. Educational plants and public schools subject to LDC section 5.05.14. 7 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 283 of 499 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 272-6. Engineering services (8711). 282-7. Essential services, subject to section 2.01.03. 2928. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure. 3029. Funeral services (7261, except crematories). 313W. Garment pressing, and agents for laundries and drycleaners (7212). 3234. Gasoline service stations (5541, subject to section 5.05.05). 33-32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 3433. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 3534. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 36-35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 3736. Health services, offices and clinics (8011-8049). 3837. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure. 3938. Home health care services (8082). 4039. Insurance carriers, agents and brokers (6311-6399, 6411). 4140. Landscape architects, consulting and planning (0781). 4244. Laundries and drycleaning, coin operated — self service (7215). 4342. Legal services (8111). 4443. Libraries (8231, except regional libraries). 8 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 284 of 499 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I�.f_1M1I Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 4544. Loan brokers (6163). 4645. Management services (8741 and 8742). 47. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi -family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 4846. Mortgage bankers and loan correspondents (6162). - Remainder of list to be renumbered accordingly — 7775. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * 7. Mixed residential and commercial uses, subject to design eFiterla Eei=rtai ederrLDC sc^fion T-02ow38-ci^ept where superseded by the following criteria: C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district for housing that is affordable or through conditional use approval. 9 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 285 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). * * * * * * * * * * * * * 30. Drug stores (5912). 31. Dwellings (i.e., single-family, multi -family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five Vears from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use. see 60. below. 3234. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. 3332. Educational plants and public schools subject to LDC section 5.05.14. 3433. Engineering services (8711). 3534. Essential services, subject to section 2.01.03. 3635. Federal and federally -sponsored credit agencies (6111). 3736. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 3837. Funeral services (7261, except crematories). 3938. Garment pressing, and agents for laundries and drycleaners (7212). 4039. Gasoline service stations (5541, subject to section 5.05.05). 4140. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 4244-. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 10 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 286 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 4342. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 4443. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 4544. Health services, offices and clinics (8011-8049). 4645. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 4746. Home health care services (8082). 4847. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure. 4948. Insurance carriers, agents and brokers (6311-6399, 6411). 5049. Labor unions (8631). 5160. Landscape architects, consulting and planning (0781). 5254. Laundries and drycleaning, coin operated - self service (7215). 5352. Laundries, family and commercial (7211). 5453. Legal services (8111). 5554. Libraries (8231). 5655. Loan brokers (6163). 5756. Management services (8741 and 8742). 5857. Marinas (4493), subject to section 5.05.02.58.Members hip organizations, miscellaneous (8699). 5959. Membership organizations, miscellaneous (8699). 60. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi -family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 11 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 287 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 615-9. Mortgage bankers and loan correspondents (6162). - Remainder of list to be renumbered accordingly — 99-97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * 17. Mixed residential and commercial uses, subject to design GFite ti containedin seEtion 4.02.38 except where superseded by the following criteria: * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district as a permitted use if the proposed development provides housing that is affordable and contains a mix of residential and commercial uses. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system_ The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 12 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 288 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted Accounting (8721). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of LDC section 5.05.01. - Remainder of list to be renumbered accordingly — 87. Membership sports and recreation clubs, indoor (7997). 88. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi -family, or townhouse) contains housina that is affordable and comDlies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. - Remainder of list to be renumbered accordingly — 1442. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district as a permitted use if the proposed development provides housing that is affordable and contains a mix of residential and commercial uses. 13 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 289 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). * * * * * * * * * * * * * 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of LDC section 5.05.01. - Remainder of list to be renumbered accordingly — 1084-07. Membership sports and recreation clubs, indoor (7997). 109. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi -family or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. - Remainder of list to be renumbered accordingly 1853. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. # # # # # # # # # # # # # 2.05.01 - Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. Housing Type: —>' �a Maximum Zoning � a� Density2 " District: x a� �. a, L .. CO 3 � � a �' E o °' E (units per CO o oa �o cac 5Fu F_ a�a) 6E > grossacre GC Two 14 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 290 of 499 AkDE121 Text underlined is new text to be added Text str kethrough is GUrr9At text to be deleted A ,/ S ✓ 0.2 (1 unit per 5 acres E ,/ ,/ 0.44 (1 unit per 2.25 acres RSF-1 / / ,/ 1 RSF-2 / / ,/ 2 RSF-3 ✓ ✓ J 3 RSF-4 ,/ / ,/ 4 RSF-5 ,/ / / 5 RSF-6 ✓ J ✓ 6 RMF-6 ,/ / / ,/ / ,/ 6 RMF-12 S / ,/ ,/ 12 RMF-16 / ,/ 16 RT3,17 26 RT4,1177 ✓ J ✓ 16 RT5,17 J J ✓ 16 VR6 J J J 7.26 VR7 ✓ 8.71 VR8 14.52 MH9 ,/ One 7.26 TTRVC One ,/ 12 C-110 See C. and D. below / ✓ ✓ One 3-16 C-210 See C. and D. below / ✓ ✓ One 3-16 C-310 See C. and D. below J J J One 3-16 C-4 See C. below ✓ ✓ ,/ One 16 C-5 See C. below J ✓ J One 16 I One BP One CON11 / 0.2 (1 unit per 5 acres) 0.33 (1 unit per 3 acres) Big Cypress BZ012 S S S S 12 GTZO12 S S S S 12 R-1 J J J J R-2 ✓ ✓ J J Per underlying zoningdistrict GZO VB-RT017 ✓ J ✓ 16 for timeshare mf & twnhses; 26 15 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 291 of 499 N 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Akoll121 Text underlined is new text to be added Text str kethrough is GWrWt text to be deleted for hotels and motels GGPOD / ,/ Per the GMP RFMU13 J16 0.025 (1 unit per 40 acres RFMU14 / / / ,/ /16 ,/ ,/ ,/ 0.2 (1 unit per 5 acres RFMU15 ✓ ✓ ✓ ,/ ✓16 ✓ ✓ ✓ ✓ 0.2 (1 unit per 5 acres MHO ,/ 0.2 (1 unit per 5 acres Legend: S = permitted subject to supplemental standards Recreational vehicles include travel trailers, park models, pickup coaches, and motor homes. Density is calculated as the number of residential dwelling units per gross acre (see definition of density, residential). Generally, in all zoning districts except for A, E and CON, this indicates the maximum allowable density, iAGlWd'Aq aRY appliGable density bonuses per the density rating system in the growth management plan. However, density flees may be restricted by the board of county commissioners at the time of rezoning to something less than the maximum, as indicated parenthetically on the official zoning atlas maps. For example, "RMF- 6(4)" allows all uses and development standards of the RMF-6 zoning district but density is limited to 4 dwelling units per acre. 3 A maximum of 26 dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. Outside of Port of the Islands, a hotel or motel or multi -family structure including a condominium which offers timeshare units is permitted a density of up to 16 units per acre. 4 For RT zoning located inside Activity Centers as designated on the Growth Management Plan's Future Land Use Map, residential units (including those for timeshares and multifamily uses) are allowed at a maximum of 16 dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of 16 units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to 16 dwelling units per acre. The calculation of density shall be based on the land area defined by a lot(s) of record. 6 Density for single-family and mobile home, with or without clustering. 7 Density for duplex, with or without clustering. 8 Density for multi -family, with or without clustering. 9 In the MH district, modular homes are allowable. 16 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 292 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 L11T-1121 Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 10 Properties with mixed use development, with or without housing that is affordable, include a range of residential densities. Mixed use development permitted by conditional use is not subject to this table Zoned G-1 through G-3 may have occnnioterl residential densities in 11 The density of 1 dwelling unit per 3 gross acres only applies to private in -holdings within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see LDC section 2.03.08). 14 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see LDC section 2.03.08). 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving Lands located outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits (see LDC section 2.03.08). 16 Only if Mobile Home Overlay exists 17 Lock -off unit: Where the floor area of a timeshare unit or hotel room contains lock -off accommodations, which can be occupied separately from the main living unit, each lock -off accommodation shall be counted as a full timeshare unit when computing the allowable density. B. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. C. Where mixed use development is allowable per footnote 10 in LDC section 2.05.01 A., the density standards and housing type criteria in the above table and within this subsection below apply. LDC subsections C.2. and C.3. will sunset five years from November 14, 2023 unless extended by the Board of County Commissioners by resolution. 1. All mixed use development (commercial and residential) on properties zoned C-1, C-2, or C-3, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, shall be subiect to the below densitv limits and housina affordability requirements. a. For DroDerty not within the Urban Residential Frinae Subdistrict. but within the Coastal High Hazard Area, both as identified on the countywide Future Land Use Map (FLUM), density shall be limited to 4 dwelling units per acre; density in excess of 3 dwelling units per acre must be comprised of housing that is affordable in accordance with LDC section 2.06.00. 17 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 293 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 b. For DroDerty not within the Urban Residential Frinae Subdistrict and not within the Coastal High Hazard Area, both as identified on the countywide FLUM, density shall be limited to 16 dwelling units per acre; density in excess of three dwelling units per acre and up to 15 dwelling units per acre must be comprised of housing that is affordable in accordance with LDC section 2.06.00. 2. All mixed use develoDment on DroDerties zoned C-4 and C-5. as Drovided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, shall be subject to the below density limits and housing affordability requirements. This section will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution as a regular agenda item. a. For property within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, both as identified on the countywide Future Land Use Map (FLUM) and found Consistent by Policy as identified in FLUE Policies 5.11 — 5.13, the maximum density permitted is 16 affordable housing dwelling units per gross acre. 3. All mixed use develoDment on DroDerties zoned C-1 throuah C-5. as Drovided for in the Commercial Mixed Use by Right Subdistrict of the GGAMP — Golden Gate City Sub -element, shall be subject to the below density limits and housing affordability requirements. This section will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution as a regular agenda item. a. For property within the Urban Mixed Use District in the GGAMP — Golden Gate City Sub -element and found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, the maximum density permitted is 16 affordable housing dwelling units per gross acre. D. Where residential onlv uses are allowable on Drooerties zoned C-1 throuah C-3. the density standards and housing type criteria in the above table and within this subsection shall apply. This Subsection D. will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 1. By-riaht residential develoDment within the Urban Coastal Frinae Subdistrict and Urban Residential Subdistrict in the FLUE, when located outside the boundaries of the East Naples Community Development Plan (accepted by the Board of County Commissioners on October 27, 2020), and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.11 — 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the FLUE: The maximum density permitted is 16 affordable housing dwelling units per gross acre. 2. By -right residential development within the Urban Mixed Use Subdistrict in the GGAMP — Golden Gate City Sub -Element, when located outside the boundaries of the Downtown Center Commercial Subdistrict, and when located on property zoned commercial that has been found Consistent by Policv as identified in FLUE 18 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 294 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted Policies 5.12 and 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the GGAMP — Golden Gate City Sub -Element: The maximum density permitted is 16 affordable housing dwelling units per gross acre. # # # # # # # # # # # # # 2.06.03 - AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level, type of affordable housing units (owner -occupied or rental, single-family or multi -family), and percentage of affordable housing units in the development. To use the AHDB rating system, Table A below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing ' , 2, 3 Product (% of MI) 10 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap 1 2 3 4 5 6 7 8 n1a 9 e/a (> 120—!5140)4° s 10 Moderate 2 43 — 54 — 65 — 7-6 — 67 — 98 — 4119 — 44 4-211 (> 10060—:5120)4 10 Median 2-.-5 54 65 7- 6 87 9 8 4-0 9 44 44-5 12 (>80—:5100) 3 10 11 Low (>50—:580) 6 7 118 7- 9 810 9 11 411 44 12 12 12 12 12 Very -Low (:550) 7-9 6 10 9 11 411 44 12 12 12 12 12 12 12 1 Total Allowable Density = Base Density+ Affordable Housing Density Bonus. In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1/10 of a residential dwelling unit per gross acrefor each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit (based on level of income shown above) is proposed for a development, the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed 12 dwelling units per gross acre. 4 May be used in conjunction with at least 20% at or below 100% MleGied e4y_ 19 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 295 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrWt text to be deleted 5 Owner occupied only. May only be used to-ae+ 20% at Pr hol"M 1:20% W. 2.07.00 - Mixed -Income Housing Program for Housing that is Affordable 2.07.01 - Purpose and Intent A. This section is intended to incentivize developments that provide a mix of housing affordability, including units that are affordable to gap-, moderate-, low-, or very -low- income levels through the use of bonus density, which allows for an increase in the number of residential dwelling units per acre on property proposed for development. B. This incentivization is accomDlished by imDlementina a Mixed -Income Housina Proaram which consists of a commitment by an agreement, land use restriction recorded in the Public Records of Collier County, or ordinance to provide for housing that is affordable. The purpose of the Program is to provide increased residential densities to developers who guarantee that all or a portion of their housing development will provide units that are affordable at gap-, moderate-, median-, low-, or very -low-income levels, as specified in LDC section 4.02.41 and LDC section 4.02.42. 2.07.02 - Program Criteria The following conditions shall apply to all developments associated with the Mixed -Income Housing Program. A. Mixed -Income Housing Program Eligibility. 1. The rental price or sales price for all units designated as Housing that is Affordable within the project must be affordable to households at income levels identified in the below chart to qualify for the allowable bonus density outlined in LDC section 4.02.40, LDC section 4.02.41, and LDC section 4.02.42: 4 Income Level as a percent of Median Income Gap (>120 to <_140� Moderate (>100 to 15120) Median (>80 to :5100) Low >50 to <_80 YeaLow -50 At the time of aDDlication for the Development Order. the developer must ident the total number of housing units within the development and the total number of units that are affordable, categorized by level of income, type of unit (i.e., single- family or multifamily, owner -occupied or rental), and number of bedrooms per unit. 3. The ratio of the number of bedrooms per unit for housing that is affordable shall in general be equal to or greater than the number of bedrooms per unit for the market rate housing within an entire project. 20 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 296 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrWt text to be deleted 4. The units that are affordable shall be intermixed with, and not segregated from, the market rate units in the development. 5. In order to qualify for the bonus density through the Mixed -Income Housing Program, the developer must comply with the provisions of this section and record a Mixed -Income Housing Commitment by agreement, ordinance, or other type of land use restriction recorded in the Public Records of Collier County. B. Mixed -Income Housing Commitment. The commitment to provide Housing that is Affordable through the Mixed -Income Housing Program will be by agreement, ordinance, or other type of land use restriction recorded in the Public Records of Collier County and shall include at a minimum, the following provisions: 1. Units committed as affordable through the Mixed -Income Housing Program shall be affordable for 30 years from the initial date of sale or rent. 2. The conditions contained in the agreement, ordinance, or other type of land use restriction that is recorded in the Public Records of Collier County shall constitute covenants. restrictions. and conditions which shall run with the land and be bindina upon the property and the owner's successors and assigns. This commitment must be agreed to by the owner for an owner -occupied unit or by the developer for renter -occupied units, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida. 3. No unit that is committed as affordable throuah the Mixed -Income Housin Program shall be rented to a tenant whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or desianee for certification. 4. No unit that is committed as affordable through the Mixed -Income Housing Program shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for certification. It is the intent of this section to keep housing affordable; therefore, any person who buys a Mixed -Income Housing Program unit must agree, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the property is sold (to a non -income qualified buyer, including the land and/or the unit) within 30 years after the original purchase at a sales price in excess of five percent per year of the original purchase price that he/she will pay to the Collier County Affordable Housing Trust Fund an amount equal to one-half of the sales price in excess of the five percent increase per year. The lien instrument may be subordinated to a _qualifying first mortgage. C. Income Verification and certification. Evidence of income must be verified and certified by the County Manager or designee in the same manner as stipulated in LDC section 2.06.05 BA. and subject to approval by the County Attorney's Office. 21 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 297 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 1. For owner -occupied units, an income verification form must be submitted by the developer, and a certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit prior to issuance of certificate of occupancy for that unit. 2. For rental units, an income verification form must be submitted by the developer or its successor once prior to the issuance of the certificate of occupancy for the unit and submitted annually thereafter following the initial certificate of occupancy. A certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit in order for the certificate of occupancy to be issued and to remain in effect at time of re -certification for that unit. # # # # # # # # # # # # # 4.02.01 — Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. * * * * * * * * * * * * * Zoning Maximum Minimum Minimum Floor Area of Buildings Floor Area District Building Distance (square feet) Ratio (%) Height Between feet Buildings * * * * * * * * * * * * * C-1 35 None Efficiency: 450 None or E 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) C-2 35 A or E Efficiency: 450 None 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 round floor C-3 50 None Efficiency:450 None or E 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) C-4 75 or F A or E Efficiency: 450 Hotels .60 1 Bedroom: 600 2+ Bedroom: 750 Destination For all other uses: 700 round floor resort .80 C-5 35 A or E Efficiency: 450 Hotels .60 1 Bedroom: 600 2+ Bedroom: 750 Destination For all other uses: 700 round floor resort .80 22 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 298 of 499 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted * * * * * * * * * * * Overlay See table of special design requirements applicable to overlay districts. Districts A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. E = The minimum distance between structures for housing that is affordable in commercial districts shall be in accordance with LDC section 4.02.40. F = The maximum height shall be restricted to 50 feet for housing that is affordable in the C-4 district. 1. Principal Structure Minimum Yard (Setback) Requirements: Table 2.1, below, provides the minimum yard requirements for principal structures on conforming lots of record in base zoning districts. The following shall apply for all other lots: a. Corner Lots: Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards. See LDC section 2.03.01 for Estates setbacks. b. Nonconforming Lots of Record: Minimum yard requirements for nonconforming lots of record are provided in LDC section 9.03.03 A. Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning Minimum Minimum Side Yard (feet) Minimum Rear Yard Public School district Front (feet) Requirements Yard feet * * * * * * * * * * * * * C-1 25 Residential 25 or q Non-residential 15 Residential 25 or q Non- Residential 15 x C-2 25 25 or q 15 25 or 15 x C-33 c 25 or q a 25 or a x C-44 d 25 or q a 25 or a x 23 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 299 of 499 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 DRAFT Text underlined is new text to be added Text str kethrough is GUrr9At text to be deleted C-54 1 25 25 or 15 25 or q 1 15 1 x MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15_ft. 2 TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10 ft. 3 C-3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none. 4 C-4, C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none; setback on any side adjacent to a railroad right-of-way = none s Any non -conforming platted lot of record in the CON District that existed before November 13, 1991, will be subject to the following standards: Front yard: 40 feet. Side yard: ten percent of the lot width, but no more than 20 feet on each side. Rear Yard: 30 feet. a = 50% of the building height, but not less than 15 feet. b = 50% of the building height, but not less than 30 feet. c = 50% of the building height, but not less than 25 feet. d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. f = the yard requirements shall be equal to the most restrictive adjoining district. q = The minimum setback for housing that is affordable in commercial districtswhere abutting any Property occupied by or zoned to allow a single family dwelling unit shall be in accordance with LDC section 4.02.40. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. # # # # # # # # # # # 24 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 300 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Thxt strikethrough is Gurrent text to be deleted 4.02.38 - Specific Design Criteria for Commercial Mixed Use Development within C-1 through C=5" Zoning Districts A. Purpose and Scope. The Scommercial Mmixed fuse design criteria are to encourage the development and the redevelopment of commercially zoned properties with a mix of residential and commercial uses. Such mixed -use prejeets developments are intended to be developed at a human -scale with a pedestrian orientation, interconnecting with adjacent project, whether commercial or residential. A GemmerGial Mixed Use Projects n io allowed in the Urban Mixed Use DostriGt Genta'ned within the FLUE E and subject to the standards and Groterma set ferth under GernmerGial Mixed Use Subdostrmet ffin the Urban Commercial Dmstri Gt and the regulations nentained herein B. Applicability. A commercial mixed use development is allowed as provided in the Commercial Mixed Use by Right Subdistrict in the Future Land Use Element (FLUE) and Golden Gate Area Master Plan (GGAMP) - Golden Gate City Sub -element, and subject to the regulations contained herein. AI�eperties zonedG 1, 6i and G 3, ei.Glud'ng where located in the GGPOD. These regulations shall apply to all mixed use prejeet& prepesed within these zening diStriGtS, subjeGt te the design GFiteria set ferth On thus seetien. The design criteria address the relationship of buildings, parking, vehicular, and pedest built close to the vehiGUlar and pedestrian way to GFeate a continuous aGtive and vibrant furnishings. Vehioular travelways support two way traffic and on street parking. A logioal pedestrian pathway system is PFE)Vided th!Feugheut that eenneGtS the pedestrian movements from one use to another or within use areas. Building arcades and awnings ­ are allewed te extend ever the sidewalk te GFeate shade and eneewage pedestr activity. Signage design shall be carefully integrated with site and bUilding design to Greate a unified appearanee fer the pFejeet. Creativity in the design Of signs i - ?d On order to emphasize the unique charaeter of the project. PFE)j8GtS Utilizing these desigiq- Grit a will he developed 'n mnlian h the (` fi hereon. �erl�� �ee�,TEe�r+t„-R,� , e�ceep�as�peel,� , rerel� C. Commercial Mixed Use Design Criteria. meets utilizing the Ce,;,met cia l Mixed Use option within a C 1, C 2, or C 3 Zoning District shall Gomply with the following standa and rite tee: 25 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 301 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Commercial uses and development standards shall be in accordance with the commercial zoning district on the subject property or the regulations in LDC section 4.02.38, whichever is more restrictive. a. The minimum distance between structures shall be 10 feet. b. The minimum setback from the common boundaries shall be equal to the project's proposed zoned building height when the proposed project abuts any property occupied by, or zoned to allow, a single family dwelling unit. C. Housing that is affordable by right shall be restricted to a maximum height of 50 feet in the C-4 zonina district. 2. Mix of Uses. Mixed use developments shall promote a combination of land uses within a project in accordance with certain land use mix percentages. a. All mixed use development on properties zoned C-1, C-2, or C-3, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE shall be subiect to the followina mix of use limits: In the case of residential uses located within a buildina attached to a commercial building or in the case of a freestanding residential building, floor area and acreage devoted to residential uses shall not exceed 70 percent of the gross building floor area and acreage of the project. b. All mixed use development on properties zoned C-4 and C-5, as provided for in the Commercial Mixed Use by Right Subdistrict in the FLUE, and properties zoned C-1 through C-5, as provided for in the Commercial Mixed Use by Riaht Subdistrict of the GGAMP — Golden Gate Citv Sub -element. shall be subject to the following mix of use limits: In the case of residential uses located within a buildina attached to a commercial building or in the case of a freestanding residential building, floor area and acreage devoted to residential uses shall not exceed 75 percent of the gross building square footage and acreage of the project. 26 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 302 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 34. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. 45. The project shall, to the greatest extent possible, use a grid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. Street Furnishings & Street P4an ngs-. 27 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 303 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 L11EA1121 D. Landscape. Text underlined is new text to be added Thxt strkethrough is Gurrent text to he deleted This design criteria is only applicable to streets internal to commercial mixed use projects, it is not applicable to project portions fronting on existing collector or arterial roadway. 2. Provide a variety of tree and shrub species with at least 50 percent of the required trees and 35 percent of the required shrubs being plants native to Florida. 3. Canopy trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in height, having a 4-foot diameter spread and a minimum caliper of 1% inches. 4. Plantings shall be a maximum of 25 percent turf grass. The balance shall be groundcover, low shrubs and/or flowers located in planting areas appropriate to the design. 5. Irrigation shall be provided for all planting areas. Irrigation control boxes and appurtenances shall be located away from direct public view. 6. Landscape buffers per section 4.06.02 of the Code "buffer requirements" shall only apply to the external boundaries of the mixed use development. Landscape buffers shall not be required internal to the mixed use development project. A Type "B" 28 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2025\03-06\Materials\PL20210001291 CHIP Initiatives - LDCA (02-05-2025).docx Page 304 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 buffer shall be Drovided alona the common boundaries when the Dr000sed Droiect abuts a property occupied by, or zoned to allow, a single family dwelling unit. The trees within such buffer shall be a minimum of 14 feet in height at the time of installation if the buildings are greater than a zoned height of 40 feet and are adjacent to property occupied by or zoned to allow single family dwellings. EG. Parking Lot Landscaping. Up to 30 percent of the landscape islands shall have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. 2. Minimum tree size shall be 1-%" caliper and a minimum of 10 feet in height. 3. The perimeter of all parking lots fronting on public rights -of -way shall be screened to a minimum height of 24 inches using walls, fences, landscaping or any combination thereof. 4. Parking lot perimeter landscaping areas shall be a minimum of eight (8) feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year-round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree/palm per 25 feet of linear frontage. Street trees planted within the right-of-way may be used to meet this requirement. FW. Building Foundation Plantings. Building foundation plantings shall be required per section 4.06.05 of the Code, except as follows. The building regardless of its size, shall provide the equivalent of 10 percent of its ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the Code. However, the foundation plantings shall be located within 21 feet of the building edge in the form of landscaped courtyards and seating area landscaping. G1. Building Architectural Standards. The Mixed Use Projects shall include architectural features that provide visually interesting building design at a scale appropriate for pedestrian and automobile. a. Building fagades shall be designed to reduce the mass and scale of the building, by providing arcades, windows, entry features, and other design treatments in compliance with section 5.05.08 of the LDC except as follows; Covered pathways and arcades shall be constructed with columns a minimum width of 12 inches, if masonry and 10 inches wide, if constructed of finished steel products. C. For buildings 3 stories or more, pedestrian scale at the street level shall be maintained by incorporation of fagade variations such as massing, texture, 29 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 305 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted color or material on the primary fagades between the first and subsequent stories. d. The following architectural options are in addition to the list of required design features identified in subsection 5.05.08 D.2.: Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum length of 60 percent of the fagade. ii. A building recess or projection of the first floor with minimum depth of 8 feet and total minimum length of 60 percent of the fagade length. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 percent of the fagade above the first floor. (Storm shutters, hurricane shutters, screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth). Hi. Sign Types and Definitions shall be as provided for in section 5.06.00 the Collier County Sign Code. K Parking Requirements. Mixed -use developments have the opportunity to provide a variety of parking options to residents and patrons. Mixed -use projects reduce vehicular trips, and the number of required parking spaces by utilizing pedestrian -oriented design and reducing the distance between residential and commercial uses. Definitions. a. On -street parking —Parking spaces located adjacent to, and accessed directly from the roadway. b. Off-street parking —Parking spaces located within parking lots or parking structures and accessed off the roadway. C. Parking lot —A ground -level area utilized for parking spaces accessible from the road and usually adjacent to the use it serves. d. Parking structure —A multi -level parking area utilized for parking spaces that serve establishments within walking distance of the structure. The structure may or may not be adjacent to the establishments it serves. 2. Design Criteria and Dimensional Requirements On -street Parking. a. Design criteria only applicable to streets internal to commercial mixed use project, not applicable to project portion fronting on existing collector or arterial roadway. 30 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 306 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted Parallel parking shall be a minimum of 9 feet wide by 23 feet long. For every 4 on -street parking spaces provided a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. C. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 4 on -street parking spaces provided a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 3. Design Criteria and Dimensional Requirements Off-street Parking. a. Location —Parking lots or parking structures shall be located to the rear of buildings located on the main street, or the along the secondary/side streets. Off-street parking shall not occur in front of the primary fagade. This subsection 3.a. shall not apply to projects utilizing the Mixed Income Housing Program with mixed use development by right, in accordance with LDC section 2.07.00. b. Lots shall be designed to keep all circulation between aisles internal to the lot. Driveways to parking areas shall be a minimum of 24 feet wide. C. Ninety degree parking spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. d. Sixty degree angled parking shall have a minimum drive aisle width of 20 feet, if one-way, and 24 feet, if two-way. Parking stall size shall be a minimum of 9 feet x 18 feet. 4. Handicap Parking. Handicap parking shall be located to facilitate the most direct and safest route to building entries and meet all applicable codes. 5. Parking Structures. a. Parking structure fagades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. Parking structures without ground floor retail or residential uses along the front fagade shall have a minimum 10-foot wide. Building Foundation 31 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 307 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted Landscaping pursuant to section 4.06.00 of the Code. Where the parking structure is attached to the building or adjacent to preserve area, and the preserve area meets the otherwise required landscaping, no additional landscaping is required. All structures with uncovered parking on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80 percent of the perimeter of the parking integral to the structure, or suitable architectural features to soften the building edge. ii. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall incorporate full shield cut-offs to contain light to the surface of the deck only. iii. Parking structures are also allowed to be located below grade and below habitable space. These structures must be accessed from the rear of the building. C. General Requirements and Shared Parking Agreements. Design criteria only applicable to streets internal to commercial mixed use project, not applicable to project portion fronting on existing collector or arterial roadway. ii. The total number of parking spaces provided in a mixed -use project shall be determined by the intended uses as required by section 4.05.00 of the Code, Off-street Parking and Loading unless modified herein. Commercial areas (with streets internal to the project) must utilize on -street parking to meet at least a portion of the parking requirement. This subsection c.iii. shall not apply to projects utilizina the Mixed Income Housina Proaram with mixed use development by right, in accordance with LDC section 2.07.00. iv. One-half of the on -street parking spaces located within one block or 0.125 mile, whichever is less, may contribute toward an individual establishment's parking requirement. V. If a commercial area is developed in one phase with one site development plan application the on -street parking may be utilized to meet parking requirements in a one-to-one (1:1) ratio. vi. The overall parking requirement may be reduced at the time of site development plan approval by consideration of a shared parking analysis. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or 32 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 308 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by County staff and the applicant during the pre -application meeting, or during ongoing discussion, during the site development plan review process. vii. Establishments providing valet parking services may not utilize parking areas designated for shared use for the storage of vehicles parked by this service, unless allowed by a shared parking agreement. viii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directly accessible by a vehicle due to gating or lack of vehicular interconnection may not utilize on -street parking in the commercial area to meet the residential parking requirement. ix. Residential areas may utilize on -street parking that is abutting a residential unit to meet the parking requirement in a one to one (1:1) ratio. If parking spaces are used to meet a residential parking requirement they may not then be utilized to meet any of the commercial requirement. JL. Service Areas. Loading docks, solid waste facilities, recycling facilities and other services elements shall be placed to the rear or side yard of the building in visually unobtrusive locations with minimum impacts on view. 2. Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but not less than 6 feet in height. Chain link fencing, wood fencing and chain link gates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is serving. Landscaping with vines or other plants is encouraged. Enclosures shall include solid, latching gates to avoid blowing refuse. 3. Service area recesses in the building and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraged to consolidate and share refuse areas and equipment. 4.02.39 - Alternative Design for Housing that is Affordable A. The intent of this section is to provide incentives for housing that is affordable and applies to residential only projects, and residential portions of PUDs. Vertical mixed -use projects are not eligible for the alternative designs identified within this section. B. Affordable housing projects may use the following design alternatives, subject to compliance with section 4.02.39 C. 33 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 309 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted Section 3.07.02 E. - Local/internal roads that are privately maintained may be designed to the elevation required to meet the 5-year, 1-day storm event, and the perimeter berm shall be designed so that surrounding properties will not be adversely impacted by the project's influence on stormwater sheet flow up to the elevation during the 25-year, 3-day design storm. 2. Section 4.06.05 A.1. - Single-family developments lots which are adjacent to preserve areas or perimeter berms are exempt from providing one canopy tree per 3,000 square feet of pervious open space per lot. For all other lots, the required one canopy tree may be relocated to common areas or to a street tree program. 3. Sections 6.06.01 S., 10.02.02 A.11. and Appendix B - For all local/internal roads that are privately owned and maintained, an inverted crown design, shall be allowed. `..5' C:J io uu.E s 10' mAttti —E Mi„. .i r X 2X I i 3R 4' COMPACTED BASE -' A' COMPACTED HAS[ iNVERTEO 17' STANRED SUBCRADE As I CROW GUTTER g' COMPACTED BnSE WATER MAN J r}\\ `FORCE MAIN TYPICAL INTERNAL INVERTED CROWN ROADWAY DESIGN 4. Sections 6.06.02 A.2. and 6.06.02 F. - For local/internal sidewalks that are privately maintained, the minimum sidewalk width shall be four feet, which can be of concrete or asphalt material and shall be constructed over a compacted subgrade. Asphalt shall also require a minimum of 4 inches of compacted limerock base, in addition to the compacted subgrade. 5. Section 10.02.03 A.3. - Three-family housing structures proposed on a lot(s) of record are exempt from the Site Development Plan provisions of LDC section 10.02.03 A.2. 6. Section 10.02.04 C. - For single-family developments, the clubhouse facility may be included within the construction plans and final subdivision plats. The clubhouse facility shall commence construction when fifty percent of the lots have received a Certificate of Occupancy. 7. Section 10.02.08 1.2. - The set -aside of land or dedication of land for a public water well at time of rezoning is not required, unless the site is located within a quarter - mile of a future raw water transmission main identified in the latest Board -adopted Collier County 10-Year Water Supply Facilities Work Plan Update and in such a way that the quantity of affordable housing units would not be impacted. 34 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 310 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DRAFT Text underlined is new text to be added C. Criteria for design alternatives for housing that is affordable. The alternatives described in section 4.02.39 B. will be allowed when the following criteria are met: Compatibility. a. Setbacks from all project boundaries that abut property zoned or developed for single family residential use shall be a minimum of one foot (setback) per one foot maximum zoned height for principal structures. ° IJ Maximum Zoned a, m 15, Type .8. Landscape Buffer 1 to 1 Setback to Height Ratio b. For projects of more than three units, the required buffer for all project boundaries that abut property zoned or developed for single family residential use shall be a 15 foot wide Type "B" landscape buffer per LDC section 4.06.02. 2. Affordability. To qualify for the design alternatives of this section a project shall commit to one of the following agreements or commitments to provide a minimum of 20 percent of the overall units as housing that is affordable: a. Affordable Housing Density Bonus (AHDB) Agreement per section 2.06.00; or b. Affordable Housing Impact Fee Deferral Agreement per Code of Ordinances article IV of chapter 74; or C. PUD commitment or Developer's Agreement (DA) for units that serve households at the income levels (very -low, low, moderate, or gap) identified in section 2.06.00, or units that are priced within the limits established in the Collier County Housing Demand Methodology, as updated yearly or Board approved Table of Rental Rates, as updated yearly. # # # # # # # # # # # # # 4.02.40 — Housing that is Affordable within C-1 through C-5 Commercial Zoning Districts A. Purpose and scope. The purpose of this section is to incentivize housing that is affordable on commercially zoned properties. This section will sunset five years from November 14, 35 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 311 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I�.f_1*I Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 2023, unless the Commercial Mixed Use by Right provisions in the FLUE are extended the Board of County Commissioners by resolution. B. Applicability. 1. Residential -only development on properties zoned C-1 through C-3. a. By -right residential development within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, when located outside the boundaries of the East Naples Community Development Plan (accepted by the Board of County Commissioners on October 27, 2020), and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.11 — 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the FLUE, shall be entitled to 16 dwelling units per acre, subject to this section, excludinq LDC section 4.02.40 F. By -right residential development within the Urban Mixed Use Subdistrict in the GGAMP — Golden Gate City Sub -Element, when located outside the boundaries of the Downtown Center Commercial Subdistrict, and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the GGAMP — Golden Gate City Sub -Element, shall be entitled to 16 dwelling units per acre, subject to this section, excluding LDC section 4.02.40 F. 2. Mixed use development. a. By-riaht mixed use develoDment on DroDerties zoned C-4 and C-5. as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, when located within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, both as identified on the countywide Future Land Use Map (FLUM) and found Consistent by Policy as identified in FLUE Policies 5.11 — 5.13, shall be entitled to 16 dwelling units per acre, subject to this section, excluding LDC section 4.02.40 E. b. By-riaht mixed use develoDment on DroDerties zoned C-1 throuah C-5. as provided for in the Commercial Mixed Use by Right Subdistrict of the GGAMP — Golden Gate City Sub -element, when located within the Urban Mixed Use District in the GGAMP — Golden Gate City Sub -element and found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, shall be entitled to 16 dwelling units per acre, subject to this section excluding LDC section 4.02.40 E. C. Required agreements. An agreement pursuant to LDC section 2.06.00 or an affordable commitment by agreement, land use restriction, or ordinance pursuant to LDC section 2.07.00 shall be recorded. 36 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 312 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 111.T_1*I Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted D. Area Median Income (AMI) distribution table. All units within the project must consist of housing that is affordable. The residential units shall be distributed in accordance with the minimum and maximum thresholds prescribed below, depending on whether they are for sale or for rent: E Income Levels as a Percentage of Affordable Units for Percentage of Affordable Units for Percent of Area Median Income Sale Rent 15140 Max. of 33% NP 15120 Max. of 66% 15100 Min. of 34% Max. of 33% 1580 Max. of 66% 1550 Min. of 34% Legend: "NP" means the income level is not permitted. "Max." means maximum. "Min." means minimum. Additional reauirements for residential -only housina that is affordable within C-1 th C-3 Commercial zonina districts: A Dublic facilities impact comparative analvsis must be submitted and comply with the adequate public facilities requirements identified in LDC section 6.02.00. The comparative analysis must demonstrate that the proposed affordable housing project would have the same or lesser public facility impact with respect to vehicle trips, water consumption, and wastewater generation compared with the highest intensity permitted use within the commercial zonina district of the subiect Droaerty. as approved by County Manager or designee. 2. A School Impact Analysis per LDC section 10.04.09 shall be required. 3. Housina that is affordable in commercial zonina districts Droiect must satisfv the development standards of the underlying commercial zoning district, except that the minimum distance between structures shall be 10 feet. In addition, when the proposed protect is abutting any property occupied by, or zoned to allow a single family dwelling unit, the following shall be applicable: a. The minimum setback from the common boundaries shall be equal to the project's proposed zoned building height; and b. A Tvae "B" buffer shall be Drovided alona the common boundaries. The trees within such buffer shall be a minimum of 14 feet in height at the time of installation if the buildings are greater than a zoned height of 40 feet and are adjacent to property occupied by or zoned to allow single family dwellings. 37 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 313 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted F. Additional requirements for mixed use developments with housing that is affordable within C-1 through C-5 zoning districts: 1. Commercial uses shall be in accordance with the commercial zoning district on the subject property. Development standards shall be no less restrictive than those for the commercial zoning district on the subject property and development in the C-4 District shall not exceed a zoned height of 50 feet. 2. Residential density is calculated based upon the gross project acreage and all residential units must be housina that is affordable. 3. In the case of residential uses located within a buildina attached to a commercial building, or in the case of a freestanding residential building, building square footage and acreage devoted to residential uses shall not exceed 75 percent of the gross building square footage and acreage of the project. In the case of a mixed -use building, building square footage devoted to residential uses shall not exceed 75 percent of the gross building square footage. 4. Street, pedestrian pathway, and bike interconnections with abutting properties, where possible and practicable, are encouraged. 4.02.41 — Housinq that is Affordable within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan A. To increase density beyond base density allowed within a Mixed Use Activity Center or an Interchange Activity Center, additional units per acre are required to be affordable for specified income levels, as identified in the chart within LDC section 2.07.02 A. 1. For residential only projects: a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 DU/A without the use of TDR Credits or up to 2.5 QUA with the use of TDR Credits or up to 25 DU/A with the Mixed -Income Housing Program. b. In the Urban Coastal Fringe Subdistrict, projects are eligible for up to 4 DU/A or up to 25 DU/A with the Mixed -Income Housing Program only if located outside of the CHHA. C. In the Urban Residential Subdistrict, projects are eligible for up to 16 DU/A or up to 25 DU/A with the Mixed -Income Housing Program only if located outside of the CHHA. d. The Mixed Income Housing Program is not applicable in the Bayshore/Gateway Triangle Redevelopment Overlay. 2. For mixed use projects: 38 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 314 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of TDR Credits or up to 25 DU/A with the Mixed -Income Housing Program. b. In the Urban Coastal Fringe Subdistrict and in the Urban Residential Subdistrict and not within the CHHA, projects are eligible for up to 16 DU/A or up to 25 QUA with the Mixed -Income Housing Program only if located outside of the CHHA. C. In the Urban Coastal Fringe Subdistrict and in the Urban Residential Subdistrict if located within the CHHA, projects are eligible for up to 4 DU/A. The Mixed- Income Housing Program is not applicable in the CHHA. d. The Mixed -Income Housing Program is not applicable in the Bays h ore/Gateway Triangle Redevelopment Overlay. B. The project shall be submitted as a Planned Unit Development or Planned Unit Development Amendment; and C. The following commitments are required for housing that is affordable within Mixed Use Activity Centers and Interchange Activity Centers. 1. Affordability commitments by Agreement of Ordinance pursuant to LDC section 2.07.00. 2. For units that are to be sold, at least two-thirds of the first six units per acre above 16 units per acre (for example, four of six units per acre of bonus density) must be sold to households at or below the low- and/or moderate -income levels identified within the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. Two- thirds of the final three units per acre (for example, two of three units per acre of bonus density) shall be sold to households of any of the income levels identified within the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. The maximum density shall not exceed 25 dwelling units per acre. 3. If the DroDosed Droiect is to be a rental communitv. two-thirds of the bonus densit (for example, six of nine units per acre of bonus density) must be made available to households at or below the low- and/or very -low-income levels as identified within the chart in LDC section 2.07.03 A.I. The remaining one-third of this increment shall have no required commitment for housing that is affordable. The maximum density shall not exceed 25 dwelling units per acre. D. When the proposed project is abutting any property occupied by, or zoned to permit, a single family dwelling unit: 1. The minimum setback from the common boundaries shall be equal to the project's proposed zoned building height; and 39 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 315 of 499 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I�.f_1*I Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 2. A Type "B" buffer shall be provided along the common boundaries. The trees within such buffer shall be installed a minimum of 14 feet height if the buildings within the housing that is affordable project are greater than 40 feet in height. 4.02.42 —Transit Oriented Development (TOD) A. Higher density multi -family projects are prioritized along existing and proposed Collier Area Transit routes within portions of the Urban designated areas of the County. B. Proiects that front on an existina Collier Area Transit fixed route or on a DroDosed route as identified for funding on the Transit Development Plan that are consistent with the Transit Oriented Development Subdistrict in the GMP are eligible for a base density of up to 13 dwelling units per acre, subject to compliance with the design standards identified in LDC section 4.02.42 F. Projects are eligible for an additional 12 DU/A when providing housing that is affordable pursuant to LDC section 4.02.42 D. C. The project shall be submitted as a Planned Unit Development or Planned Unit Development Amendment D. The residential comDonent of the PUD shall be limited to multifamilv units E. Eligible Density. a. Baseline TOD: a maximum of 13 units per acre. b. Housing that is affordable TOD: a maximum of 25 units per acre. F. Design Standards for TOD. 1. A minimum of 50 percent of all units within the project shall be located within a transit core. 2. The reauirement for internal interconnection amona maior Droiect Dhases sections, or types of uses as outlined in LDC section 4.04.02 B.2 applies to TOD project phases, sections, or types of uses. During the development or redevelopment of TOD projects, the requirement for shared access and interconnection as outlined in LDC section 4.04.02 B.3 shall also apply. 3. Setback for Principal Structures to project boundaries and buffer requirement. a. Front Yard - Minimum 10 feet, maximum 25 feet. b. Side and Rear Yard — The minimum setback shall be 50 percent of the building height, except that when abutting any property occupied by or zoned to permit a single-family dwelling unit, the minimum setback shall be equal to the project's proposed building height. In these instances, a Type "B" buffer shall be provided along the common boundaries. 40 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 316 of 499 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I�.f_1*I Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 4. Where a TOD is proposed along an existing Collier Area Transit (CAT) fixed route or on a proposed route as identified for funding on the Transit Development Plan and no transit stop, shelter, or station exists, the petitioner must provide a commitment in the PUD to construct a permanent transit stop, shelter, or station in accordance with the Transit Development Plan to be eligible for the TOD density. The location shall be approved by CAT staff. G. Additional requirements for a housing that is affordable Transit Oriented Development. Affordability commitments by Agreement, land use restriction recorded in the Public Records of Collier County, or Ordinance pursuant to LDC section 2.07.00 and shall be recorded. 2. For units that are to be sold, at least two-thirds of the first nine units per acre of bonus density (six units per acre) in excess of 13 units per acre must be sold to households at or below the low- and/or moderate -income levels identified within the chart in LDC section 2.07.02 A. Two-thirds of the final three units per acre of bonus density (two units per acre) shall be sold to households at any of the income levels identified within the chart in LDC section 2.07.02 A. The remainina one-third of this increment shall have no reauired commitment for housina that is affordable. 3. For units that are for rent. two-thirds of all units in excess of 13 units Der acre must be made available to households at or below the low- and/or very- low-income level households as identified in the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. # # # # # # # # # # # 41 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 317 of 499 Exhibit A — Background After holding two affordable housing workshops, the Board of County Commissioners voted on June 14, 2016, to establish the Collier County Workforce Stakeholder Ad Hoc Committee (Stakeholder Committee) and to develop a short- and long-term housing plan, pursuant to Resolution 2016-135. In early 2017, the Urban Land Institute (ULI) performed a panel review of the housing situation in Collier County, resulting in the creation of a report titled A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI Panel Report concluded "that Collier County absolutely has a housing affordability problem" and its recommendations centered upon six core strategies. Later, the Stakeholder Committee, Affordable Housing Advisory Committee, and staff developed a Community Housing Plan (CHP), which was accepted by the Board on October 25, 2017. :h G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHIP Initiatives - LDCA (02-05-2025).docx Page 318 of 499 Exhibit B — Excerpt of ULI Advisory Services Panel Report Implementation THL-PANFL IS IM PFIESSO WrFM L" plkwkq and stsrdlr Thal Fran efr# baw C, mpc-wd mdFg housing afradaWltx in ago G .nty. TIm panrtl'6 recmmmida. Gars rMtkt &M arftft much of ate work tflel Its al- to to parnd & 9W;x1vn a w wraonrrterzbyi ate canW tra asaT mmuNubk saunu. Irnpleer km 0 Lhe pangs mzmTurrdaGo-hs arlg requeu !jncmm action, tr3frr WL& pn1iLic WvM1, AW stmrg aeadwd*. For addF bmig rrdererme, Ito pad has angmed a prop iti d irwlu rntrt>tatnn stile 16 pry a bugxiei far hew to rr" faiwaruanto rRimmfrrdatar■ desrriwd thntxgl.Mrf Qos section eh Meghvrt, cvNh vn, and"term iSm ap• pf ndo A.} rho pvwl's muter raaarnimerhf'lh nis are aryawDd arot.xtd Me iW6Mirg �kwm stralrylrH to LOikdss hmming 2dFaF& abmty a Wim r$UPW ■ PaguW and gwn, ■ En harcle prerrnpuUmn upliikm, ■ ErhurrcfJ auger, debt] ■ ErggQa, rnarlul... - Ing rT W Nenoh t4 whWng mr+9wais 0 lddrg NnWng MM hjft el+b LP hoyseholdyWm a 47ini fQ programs er&*.. Thee is ro ram to nemerr ate W mW WrM eMshi'g 5lrwCliff ef akreadY sr3p3dLrO rrt of mtxe AFafibble r,erdng. Thu MtmW" Trust Fuwrd The hot ong Trta find IHW) Ls an manrpig d a nanmal tel prs tfa IM Cd[Ur Cowlairrahll hk M 11% &gjsel but ryas rtat use. Murk tharh TDD HTR+txd nMi is de, and May ama dlEn a cnlical elle wt cl a 1uidkta5n's ouerall tnta tng pAcir Collar Careilys IiTF sl HMIne suslanatfie and amd[t- atim, given Die long pivKiiinog phmtrss hrmAyed in !rat fsrtg wr9rpn ffvL The raxrty lziiid kaep rri mend hurl what can make an HTF CWWnftg is Furling eable r$mma stacm. Ctlw IurlKiifEm Maya fLi dud n i r bulttwM IMNtgh MIM tames, re9 estZte transfer la_Am h*eW Ia as part of Ilm midi) orthrrarrru riduswa-y mning h4im ruse, vaudannium rcimmr3"i lae�ior d iw3dii Wg. and iow and ruAW t ma. IN beet wW mixit cmftrton rau mki kv it patrrtw FfTF is a datta'nerd rwmro- Ing hm. YM& 014 W Pam] qMn 11kng VWgW twn d Wrialdocaimnls Mth astute or local 9MWwrwft Tto ree hs DM ar tKO hew WOMUd enuaes Mg MfMt c"M& run torimnu to and the pwid nmmrrfmamh Wlier Cpwk!yr rmwk.lr Arts agtr=M. Dowaioprnant IneAntl'+" Tim a3wlpi 4w#"mow IrK=hlree &Tm dattrlp bda410 traMrairn dv4gwr" pgL%rhri and i(fItm for greour pnvrYhaillgn of haorkg ghat in OrrdM to it 4ri1 rWVq or law to n BW-h=M WWW"KW Ary d }pprpr IiK&il tees nged Iq W r4piaDfM1m, tmt Tin. Iblq, Nnd Mak iW COR4W p4r111WOVP 10 13ro1%ce MV. ufrDPdWW hum. TheMW 51mNslriomirrrrRhdF t1v Rh* QXM pis Incur*qd M MrminiWnily ripeWl 43 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2025\03-06\Materials\PL20210001291 CHP Initiatives - LDCA (02-05-2025).docx Page 319 of 499 EXHIBIT C — CHP Initiatives Provide regulatory relief to certain housing applications. 2. Allow for commercial -to -residential conversion via the Hearing Examiner. 3. Develop guidelines to incentivize mixed -income residential housing. 4. Develop a process to designate certain Strategic Opportunity Sites allowing for increased density. 5. Provide an increase in density to the Community Redevelopment Agency areas and along transit corridors. 44 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20210001291 CHIP Initiatives - LDCA (02-05-2025).docx Page 320 of 499 3/6/2025 Item # 9.0 ID# 2025-550 **THIS ITEM WILL NOT BE HEARD BEFORE 5:05 P.M. ** PL20240004278 - Immokalee Urban Area Overlay District LDCA - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to implement the Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee Urban Overlay District to Immokalee Urban Area Overlay District (IUAOD) zoning district, revise, rename and add Subdistricts, and establish uses, boundaries, and design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts and Section 2.06.01 Generally; Chapter Four Site Design and Development Standards, including Section 4.02.27 Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Section 4.02.28 Specific Design Standards for the Immokalee—Jefferson Avenue Commercial Overlay Subdistrict, Section 4.02.29 Specific Design Standards for the Immokalee—Farm Market Overlay Subdistrict, 4.02.30 Specific Design Standards for the Immokalee—Agribusiness Overlay Subdistrict, Section 4.02.31 Specific Design Standards for the Immokalee—Central Business Overlay Subdistrict, Section 4.02.32 Specific Design Standards for the Immokalee— Main Street Overlay Subdistrict, and Section 4.02.33 Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Overlay Subdistrict; and Chapter Five Supplemental Standards, including Section 5.03.02 Fences and Walls, Excluding Sound Walls; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, AICP, CFM, Planning Manager] ATTACHMENTS: LDC Amendment (02-12-2025) Page 321 of 499 ..,)Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION PL20240004278 ORIGIN Board of County Commissioners (Board) HEARING DATES Board TBD CCPC 03/06/2025 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment renames the Immokalee Urban Overlay District to the Immokalee Urban Area Overlay District (IUAOD). All existing provisions of the Immokalee Urban Overlay District, including its seven subdistricts would be superseded by the new IUAOD and its seven subdistricts. 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 Subcommittee). LDC SECTION TO BE AMENDED 2.03.07 2.06.01 DSAC 09/04/2024 4.02.27 DSAC-LDR 07/29/2024 4.02.28 4.02.29 4.02.30 4.02.31 4.02.32 4.02.33 5.03.02 Overlay Zoning Districts Generally Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict Specific Design Standards for the Immokalee—Jefferson Avenue Commercial Overlay Subdistrict Specific Design Standards for the Immokalee—Farm Market Overlay Subdistrict Specific Design Standards for the Immokalee—Agribusiness Overlay Subdistrict Specific Design Standards for the Immokalee—Central Business Overlay Subdistrict Specific Design Standards for the Immokatee—Main Street Overlay Subdistrict Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Overlay Subdistrict Fences and Walls, Excluding Sound Walls ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC No vote taken Approval TBD BACKGROUND The Immokalee Area Planning Commission was formed in 1965 and Immokalee was governed under separate zoning regulations until 1982. The LDC would be amended later that year to define the Immokalee Area Planning District. In 1991, the Board adopted provisions for the Immokalee Central Business District, providing written and graphical boundaries of the district. In 1997, the Board adopted another ordinance for the Immokalee area, establishing the State Road 29 Commercial Overlay District (SR29COD) and the Jefferson Avenue Commercial Overlay District (JACOD). These overlay districts were superseded the following year when the Immokalee Overlay District (Ordinance 1998-63) was established, which redesignated the SR29COD and the JACOD as subdistricts of the overlay. Ordinance 1998-63 also established three additional subdistricts: Farm Market Overlay Sub -District, Agribusiness Overlay Sub -District, and the Immokalee Central Business Sub -District. The Immokalee Overlay District would be amended in 2000 when the Main Street Overlay Subdistrict was added. The Non Conforming Mobile Home Park Overlay Subdistrict was established in 2002. Exhibit "A" provides a list of LDC amendments specific to Immokalee between 1982 and today. G:\LDC Amend ments\Adviso ry Boards and Public Hearing s\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 322 of 499 ..,)Collier County When the County adopted the Growth Management Plan (GMP) in 1989, it recognized there was a need to have a separate Sector Plan for the Immokalee Community. In addressing this need, the County adopted the Immokalee Area Master Plan (IAMP) as part of its batch amendments in connection with Ordinance 1991-15. The LAMP is in addition to, and supplements the goals, objectives, and policies of the GMP. The major purposes of the IAMP were to create better coordination of land use and transportation planning, stimulate redevelopment and/or renewal of blighted areas, and to eliminate land uses inconsistent with the community's character. The IAMP was amended 14 times between its initial adoption and 2019, when substantial changes were made connection with Ordinance 2019-47. The most recent amendment to the IAMP occurred in 2023, which added the Transit Oriented Development Subdistrict. In 2000, the Board created a Community Redevelopment Agency (CRA) to focus on the rehabilitation, conservation, or redevelopment of two distinct geographic areas in the County, one ofwhich being the Immokalee Community Redevelopment Area. Later that year, the Board adopted the Community Redevelopment Plan (Resolution 2000-181) for a 30-year timeframe. The Community Redevelopment Plan was amended in 2019 and 2022, which extended the term of the Immokalee Redevelopment Area to 2052. The amendment in 2022 outlined five goals for future redevelopment efforts for Immokalee, based on community input: Celebrating Culture, Economic Development, Housing, Infrastructure, and Implementation/Administration. This LDC amendment was created in coordination with the Immokalee CRA and a Consultant with the intent to improve the existing LDC regulations to better implement the intent of the updated LAMP. The team worked with community stakeholders to analyze the existing regulations, including subdistricts; permitted, conditional and accessory uses; permitted and bonus densities; and dimensional and design standards, to identify conflicting provisions and potential impediments to redevelopment efforts. Substantive changes include but are not limited to the following: reorganization of existing overlay subdistricts and creation of new subdistricts; updated overlay maps; introduction of architectural and site design standards for the overlay; introduction of use tables per subdistrict; and reorganization of development standards for the various subdistricts. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed by impacts associated with this amendment. Comprehensive Planning staff and may be deemed consistent with the LAMP. EXHIBITS: A) List of LDC Amendments 2 G:\LDC Amend ments\Adviso ry Boards and Public Hearing s\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 323 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRAFT Amend the LDC as follows: 2.03.07 - Overlay Zoning Districts G. Immokalee Urban Area Overlay District (IUAOD). Text underlined is new text to be added Text strIkethrough is G61rr9At text to be deleted 1. Purpose and intent. The Durpose and intent of the IUAOD is to implement the goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and establish development criteria suitable for the unique character and land use needs of the Immokalee Community. This section, along with LDC section 4.02.27, provides support and implements the community's vision and the goals, objectives, and policies established through the IAMP. 2. Applicability. a. These regulations shall apply to the Immokalee Urban Area Overlay District as identified by the designation "IUAOD" on the official Collier County Zoning Atlas Maps. The boundary of the IUAOD is delineated on the Map below: l l it Legend Immokalee Area Urban Jeff on Avenue r -I avenay olsrrmr 0 commecal ovcmay Tf10-Alignment /gr Lgop Subtlislnct �-kl �1� Roatl Oveuay Subdrafnct O AgnDuvnesYFarm MarAe[ z m° 1 �� M �� h P Overlay Subdichici � Induslnel-M Co-Vse - mmercial Overlay S.R. 19A Commercial Subtllsbict � bveNaV SubdlaMsi Maln SVeer Overlay SUDtllsnlct Neks Immokalee Area Urban Overlay District THENEIGH30RH00D IMMOKALEE AREA OVERLAY COnPANr Map 1 - Immokalee Urban Area Overlay District Boundary b. The use regulations within this LDC section and the design standards of LDC section 4.02.27 shall apply to all properties within the IUAOD as depicted on Map 1. C. Properties within the IUAOD may establish uses, densities, and intensities in accordance with the IUAOD or the underlvina zonina classification. 3 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 324 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted However, in either instance, the design standards of the IUAOD pursuant to LDC section 4.02.27 shall apply. d. Planned Unit Develoaments (PUDs) that existed Drior to XXX (date). and properties with Provisional Uses (PU) approved prior to XXX, including amendments or boundary changes to theses PUDs and Provisional Use properties, are not subject to the IUAOD requirements. Any PUD proposed after XXX (date) shall apply the provisions of the IUAOD, unless a deviation is approved in accordance with LDC section 4.02.27 J. 3. Establishment of subdistricts. a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is to encourage development and redevelopment by enhancing and beautifying the Main Street area through design and development standards that promote an urban form and a walkable environment. The subdistrict is identified on Map 2 below and further identified by the designation "MSOS" on the applicable official Collier County Zoning Atlas Maps. Map 2 — Main Street Overlay Subdistrict b. State Road 29A Commercial Overlay Subdistrict (SR290S). The purpose of the SR290S designation is to encourage appropriate commercial development along SR 29A. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide broader commercial uses along the SR-29 corridor and with development standards contained in LDC section 4.02.27 D. to ensure coordinated access and appropriate landscaping and buffering compatible 4 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 325 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text te) he deleted with nearby residential properties. The subdistrict is identified on Map 3 below and further identified by the designation "SR290S" on the applicable official Collier County Zoning Atlas Maps. MaD 3 — S.R. 29A Commercial Overlav Subdistrict C. Reserved. d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose of the JACOS designation is to provide retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide increased commercial opportunity along Jefferson Avenue with development standards contained in LDC section 4.02.27 G.; and ensure coordinated access, appropriate landscaping and buffering to be compatible with nearby residential properties. The subdistrict is identified on Map 5 below and further identified by the designation "JACOS" on the applicable official Collier County Zoning Atlas Maps. 5 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 326 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 Text underlined is new text to be added Text strket.hrough is G61rr9At text to be deleted Logend II can..roW arM�• s,mwcr I MaD 5 — Jefferson Avenue Commercial Overlav Subdistrict e. Aaribusiness/Farm Market Overlav Subdistrict (AFOS) The Durpose of the AFOS designation is to support the agriculture industry and related businesses. The provisions of this subdistrict are intended to allow uses such as production, processing, and distribution of farm -based goods, as well as ancillary and accessory uses, including but not limited to, retail sales, warehousing/storage, equipment repair and agricultural technology and research. The subdistrict is identified on Map 6 below and further identified by the designation "AFOS" on the applicable official Collier County Zoning Atlas Maps. 6 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 327 of 499 1 2 3 4 5 6 7 8 9 10 11 12 F:_ i Text underlined is new text to be added Text strkethrough is G61rr9At text to be deleted Map 6 — Agribusiness/Farm Market Overlay Subdistrict f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The purpose of the IMCOS designation (Map 7) is to allow uses contained within the Industrial — Mixed Use Subdistrict with complementary commercial uses as listed in Table 1. The overlay comprises approximately 363 acres of which a maximum of 30 percent or approximately 109 acres shall be commercial uses as permitted in the C-4 and C-5 zoning districts. The subdistrict is identified on Map 7 below and further identified by the designation "IMCOS" on the applicable official Collier County Zoning Atlas Maps. 7 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 328 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AI'Al1MI1 Text underlined is new text to be added Text strkethrough is G61rr9At text to be deleted Map — 7 Industrial Mixed Use Commercial Overlay Subdistrict Nonconformina Mobile Home Site Overlav Subdistrict. i. Establishment of special conditions for these properties, which by virtue of actions preceding the adoption of Ordinance No. 91-102 on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the Land Development Code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. ii. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a Drocess to Drovide DrODerty owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish comDliance with the followina reaulations. iii. Property owners shall file an application as provided for in the Administrative Code. ChaDter 4. Section 1.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, 8 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 329 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted requirements, and process expressly stated in the Administrative Code and this LDC section. iv. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee. a) Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. b) The Fire authority having jurisdiction shall provide written confirmation that either the existing fire hydrant(s) or a supplemental apparatus, provided by the Fire District, can supply the required fire flow needed for fire protection. c) NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities as referenced in FAC 69A-60.005. V. Once the existina conditions site improvement Dian is aaaroved owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met. a) Where DrODerties currentiv exceed the densitv allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan. b) Where the zoning district allows for additional density, new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.33. 4. Uses allowed within the IUAOD. a. Mobile food dispensing vehicles, permanent, may be allowed on lands zoned Community Facility District (CF) within the IUAOD, subject to Conditional Use approval and contingent upon compliance with LDC section 5.05.16. b. All agriculturally zoned lands within the IUAOD shall allow agricultural research and development facilities, agri-business offices and 9 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 330 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted headquarters, and facilities, offices, headquarters and apparatuses associated with an alternative energy use. C. All residentially zoned lands within the IUAOD shall allow small agriculture - related business uses, such as fruit and vegetable stands, and farmers markets, through the conditional use process. d. Table of Uses. i. The Table of Uses identifies uses as permitted uses (P) or Conditional Uses (CU). Conditional uses shall require approval in accordance with the Drocedures set forth in LDC section 10.08.00. ii. In addition to the uses allowed by the underlying zoning district, all properties within the IUAOD shall be allowed the following uses within the respective subdistrict(s), as specified below: Table 1. Table of Uses for the IUAOD Subdistricts Use Cateaor All Business Park (BP) district uses All Heavy Commercial (C-5) district uses All Research and Technology Park PUD (RTPPUD) uses Drive through areas Aaricultural outdoor sales' Crop preparation services for market, except cotton ginning 0( 723) Petroleum bulk stations and terminals (5171) Petroleum and petroleum products wholesalers, except bulk stations and terminals (5172 - gasoline: buying in bulk and sellina to farmers - wholesale only) MSOS SR290S JACOS AFOS IMCOS P P P CU2 I CU4 Agricultural Uses Commercial Uses Arrangement of passenger transportation (4724-4729) Auctioneering services, auction rooms (7389, 5999) Auto and home supply stores CU2 (5531 installation) Automobile oarkina (7521) CU2 10 P4 P P P P P P P P CU IN CU G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 331 of 499 1 A.T_121 Text underlined is new text to be added T@xt strkethrough is GWrWt text to be deleted Use Category Automotive dealers, not MSOS SR290S JACOS AFOS IMCOS CU2 CU2 CU CU2 CU2 P CU CU2 CU2 CU2 CU2 Cu CU P Cu P CU Cu P CU P3 CU P P P P CU P3 Cu CU elsewhere classified (5599) Automotive rental and leasing, without drivers (7514, 7515) Boat dealers (5551) Carwashes (7542) Eating and drinking places (5812, 5813) All establishments engaged in the retail sale of alcoholic beverages for on - premise consumption are subject to the locational requirements of LDC section 5.05.01. Equipment rental and leasing 7359 Farm -product raw materials (5153-5159) Gasoline service stations (5541) Hotels and motels (7011) Intercity and rural bus transportation (4131) Motor vehicle dealers, new and used (5511, 5521) Motorcycle dealers (5571) Radio and television repair shops (7622 - automotive radio repair shops only) Recreational vehicle dealers 5561 Repair shops and related services (7699) Terminal and service facilities for motor vehicle passenger transportation (4173) Veterinary services (0741 and 0742, excluding outdoor kenneling) Wireless communication facilities Industrial Uses Arrangement of transportation P freight and cargo (4731) Electric, gas, and sanitary Cu services (4911-4971) Farm product warehouse and Cu storage (4221) 11 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 332 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I�.T_1*I Use Category General warehousing and storage (4225) Guided missiles and space vehicles and parts (3761-3769) Local and suburban transit and interurban highway passenger transportation (4111-4121, 4141-4151) Miscellaneous services incidental to transportation (4783, 4789) Miscellaneous transportation equipment (3792-3799) Motorcycles, bicycles, and parts 3751 Motor vehicles and motor vehicle equipment (3714, 3716) Outdoor storage yards Refrigerated warehousing and storage (4222) Rental of railroad cars (4741) Ship and boat building and repairing (3731, 3732) Special warehousing and storage (4226) Transportation by air (4512- 4581 Trucking and courier services, except air (4212-4215) Vocational schools (8243-8249) Wholesale trade (5148 MSOS SR290S CU2 CU I Cu CU2 Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted JACOS I AFOS P Cu I Cu IMCOS P Cu 0 P P Cu P Cu P Cu 0 Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adeauatelv address the followina: i. Vehicular and pedestrian traffic safety measures. ii. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum number of disabled parking spaces pursuant to LDC section 4.05.07 shall be required. iii. Limited hours of operation. iv. Fencing, lighting. V. Fire protection measures. vi. Sanitary facilities. vii. The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales. 12 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 333 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added T@xt strkethrough is GWr%At text to be deleted viii. The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted. ix. Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way. X. Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of-waV. A. Opaque fencing shall be required adjacent to any road right-of-way. 2 Permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict. s Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair of service station equipment, tractor repair. 4 Conditional use applies unless allowed within the underlying zoning district. C. Prohibited Uses. Main Street Overlav Subdistrict - All uses Drohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: Automobile parking (7521 ) Automotive dealers (5511. 5521. 5531 installation. 5551. 5561 5571, 5599). iii. Facility with fuel pumps. iv. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline. V. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). vi. Radio and television repair shops (7622 automotive). vii. Outdoor storage yards and outdoor storage. viii. Drive -through areas. ix. Warehousing (4225). X. Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. xi. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. 13 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 334 of 499 DRAFT Text underlined is new text to be added IMMOKALEE URBAN AREA OVERLAY EAST HALF Puo IMMOKALEE REGIONAL AIRPORT F 14 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 335 of 499 14 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 335 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DRAFT Text underlined is new text to be added Text rtdkethrowgh is Gurrent text to he deleted 15 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 336 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 DRAFT JEFFERSON AVENUE COMMERCIAL 16 Text underlined is new text to be added Text strikethrough is Gurrent text to he deleted IJACOEOI G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 337 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted V. Fore protection measures. Sanitary facilities The li + hall vide notarized left from the vri�rr��ATTC-�nr�rr c � c�rrvrrr-cnc ppreperty wn granting per. l;-sion to utilize the subjcn+ property for agriGultural outdoor sale-&-. The placement of one /1 \ sign a maximum of thirty twe (32) square feet r fiae M\ s ch signs for p er+inn nonta'n , iRg more than one (1 ) street frontage shall he perrrntcea. x. Agriculturalmay be sold from a vehicle provided that the . ehiGle i et Ie a ted ip +her ad Fight of w.theehiGl���+ �I��^7�ted OR th������h+���� Agr'E; 't Ural products may he displayed within any front yard hedisplay d within any front preVided it rJees net adversely affect pedestrian o ehieularadveFsely affee+ pedestrian traffic o , �hlic he—Alt—h. o safety and i of looa+er+ %Ayithin the ronrJ r gh+n of .. M. A m'nIrmram-5 foot landscape buffer shall be required a,.rJjapee,Iln't tto�. any roar) rig hts _ef_way. 4. etrolea,,omen o and Terminals 151 71 PctroTeum and Pe+�eem�UGts Whelesalersa�,solinn: Buying� A gin hIL e and sellingto farmers .wholey0derd: i t' + • There hall h epTequrrc„-re�lrs--r,Tc.,1�ran--va'Hrnmm'a'r;T rd's n e of G(1(1 lie r feet between the nearest points on crl rfarTE urea. feet between the rea any left eery paFGel of land e8r, ssh prepesed operations and any lot or parcel which i already o edln+or��l�n�hinh i�lready E)GLIp by s eh e ra+ien of fer r�ihir.h a building p rn'+ has heenf�����h��hah���l������'} has been e ♦id. ii. c� Waiver-6f &epaarr rn+ien Teq�l;rc„-rei-l+• The heard of zening r�vrrr�s. appeals may her resolution grant a waiver of part or all of the minim��m separation r nts set fer+h aheye n nt 17 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 338 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DRAFT Mao 4 18 Text underlined is new text to be added Text strikethrough is Gurrent text to he deleted G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 339 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lGfl:W*Z27— MWMV. 0MM.WK7MTV= M. _ _ n:StLfON 1-y-, 19 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 340 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted contained w'thin this S b district and the following uses are permitted a of right in this Subdistrict: 20 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 341 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I�.f_1MII 21 Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 342 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted 22 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 343 of 499 Rk- l Text underlined is new text to be added Purpose # The purpose of these provisions is #e re nni ize # 1 &e—a�?�--FF}�E�r—r-rTc—r�-c�rc�9rirr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 23 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 344 of 499 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted ------------- • 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 24 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 345 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted more than 10 c- aoes), are insubstantial. To h�pproved, the following nriteria must be Gensodered 25 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 346 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted ii 03� I n•s+,-iGtS limited + following i� �i=rn=ncTciu� �-rccTrin-rrc t6 �vv�rrg o� �hovause GtionT 26 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 347 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is Gurrent text to he deleted VMMM A 02 03 R Aceessory Building Lot Coyerrnno 27 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 348 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is GLArrent text to be deleted # # # # # # # # # # # # # 2.06.01 — Generally D. In order to qualify for the AHDB fora development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB.1.Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or designee. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. 28 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 349 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Text strkethrough is G61rr9At text to be deleted 4. Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the Zoning Division director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use, and must recommend to the planning commission and the Board of County Commissioners (BCC) to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. If the AHDB application is for a density bonus that is permitted by right, with no companion application for a PUD, rezoning, SRA, or Conditional Use, then, after review of the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section, the County Manager or designee shall schedule the AHDB agreement for consideration by the BCC. The reGeMmendatien of the County Manager or designee must inGlude a repeFt support of reeornmendation. # # # # # # # # # # # # # 4.02.27 - Architectural and Site Design Standards for the Immokalee Urban Area Overlay District (IUAOD) Specific Design Standards for the Immokalee State Road 29A A. General. The provisions of LDC section 4.02.27 shall apply to the following buildings and projects within the IUAOD: a. Commercial zoning districts and commercial components of PUD zoning di-,tri(-t.-,_ b. Non-residential PUD zoning districts and non-residential components of any PUD district. C. Business Park (BP) zoning district. d. Existina buildinas where anv addition or renovation will result in a chan to more than 75 percent of the fagade area, or the addition or renovation exceeds 50 percent of the square footage of the gross area of the existing building(s). 2. Residential uses shall be reaulated by the underlvina zonina districts and applicable development standards. However, any project using the Affordable Housing Density Bonus by Right provision in the Immokalee Area Master Plan Element of the Growth Management Plan will use the Residential Multi-Family-6 District development standards in the LDC. 29 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 350 of 499 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 111A-A*I Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted 3. LDC section 4.02.27 replaces and supersedes LDC section 5.05.08 Architectural and Design Standards. When conflicts arise between LDC section 4.02.27 standards and other code sections, LDC section 4.02.27 standards shall govern. 4. Nonconforming buildings approved for use and occupancy_ prior to November 10, 2004, shall not be enlarged or altered in a way which increases the nonconformity. All alterations or facade improvements to nonconforming buildings shall be consistent with LDC section 4.02.27 and shall be reviewed for compliance by the County Manager or designee; however, unaltered portions of the nonconforming building will not be required to comply. 5. Exceptions. a. A historic site, structure, building, district, or property that has been identified and documented as being significant in history, architecture, archaeology, engineering, or culture and is registered through the National Register of Historic Places. The Rural Agricultural (A) zoning district as established in the Official Zoning Atlas. C. Facades facing an interior courtyard provided the facades are not visible from any public property (e.g., street, right-of-way, sidewalk, alley), interior drive, parking lot, or adjacent private property. d. The following shall be exempt from the standards of LDC section 4.02.27 Architectural and Site Design Standards but shall comply with the exterior materials and color included in LDC section 4.02.27 B.2.k. i. Routine repairs and maintenance of an existing building_ Public utilitv ancillary systems Drovided that a buildina shall not have any wall planes exceeding 35 feet in length, excluding storage tanks, or have an actual building height greater than 18 feet, excluding storage tanks and communications equipment. See LDC section 4.06.05 BA for screening requirements of fences and walls surrounding public utility ancillary systems. e. Aaribusiness/Farm Market Overlav Subdistrict (AFOS). i. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 4.02.27. a) Agricultural Services (0723). b) Wholesale Trade (5148). c) Aaricultural Outdoor Sales. 30 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 351 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted B. Building and site design standards for the entire Immokalee Urban Area Overlay District IUAOD . 1. Architectural styles. The architectural styles may include, but are not limited to, the following: a. Spanish Vernacular. i. Mediterranean style. Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low- pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical fagades. Buildings typically contain the following: multi -level roofs composed of barrel tile (half cylinders) or Spanish Tile (s-curved shape) in red and earth tones, fagade of stucco with sand finish or hand troweled, arched windows (some triple -arched), ornamentation contain full arches and patterned tiles or single tile for accent. Mission style. Influenced by the Spanish Colonial Style. Characteristics typically include barrel tile roofs, arches, earth tone colors, and asymmetrical fagades finished in stucco. Similar to the Mediterranean Style but exhibiting much less ornamentation and detailing. Mission Style buildings typically contain flat roof with curvilinear parapets are most common, Barrel Tile (half cylinders) or Spanish Tile (s-curved shape), stucco with sand finish or hand troweled, and ornamentation containing full arches. Frame Vernaculars. Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for facade finish, elaborate wood balustrades, large porches, and metal roofs. Buildings typically contain metal roof (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. C. Contemporary. Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as openness both in interiors and to the outside, natural light, eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. 2. Building Design Standards. a. Building facades. The following standards apply: i. All primary fagades of a building must be designed with consistent architectural stvle. detail. and trim features. 31 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 352 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ii. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features to emphasize their location as gateways and transition points within the community. b. Principal entrance facade standards. i. Building entrance. Buildings located along a public or private street must be designed with the principal entrance clearly defined, and with convenient access from both Darkina and the street. ii. Design features. The design of principal entrance facades must include, at a minimum, three of the following design features. However, a minimum of two of the following design features is required for buildings less than 5,000 square feet. a) Glazing covering a minimum of 25 percent of the principal entrance fagade area, consisting of window and/or glazed door oDeninas. As an alternative. trellis or latticework on the principal entrance fagade used as a support for climbing Plants may count for up to 50 percent of the window area on principal entrance facades. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width equal to the width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. b) Proiected or recessed covered DrinciDal entrance facades providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the principal entrance fagade area must be devoted to window and/or glazed door openings. C) Covered walkway, or arcade (excluding canvas type) constructed with columns at least eight (8) inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The minimum width must be six (6) feet, with a total length measuring a minimum of 40 percent of the length of the associated fagade. In addition, a minimum of 15 percent of the principal entrance facade area must be devoted to window and/or glazed door openings. d) Awninas located over doors. windows. or other ornamental design features projecting a minimum of two (2) feet from the principal entrance fagade wall and a width totaling a minimum of 25 percent of the principal entrance facade length. In addition, a minimum of 15 percent of the principal 32 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 353 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted entrance facade area must be devoted to window and/or glazed door openings. e) Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the principal entrance facade area must be devoted to window and/or glazed door openings. f) A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the principal entrance facade area must be devoted to window and/or glazed door openings. Trellis or latticework coverina a minimum of 15 percent of the principal entrance facade and used as a support for climbing plants. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation and climbina plants shall achieve 80 Dercent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 4.02.27 B.2.b.ii.a. h) Entry plaza to the building with a minimum 100 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. Entry courtvard contiauous with the buildina entry and connected to the principal entrance facade consisting of a defined space with a minimum area of 300 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum three (3)-foot wall(. In addition, a minimum of 15 percent of the principal entrance facade area must be devoted to window and/or glazed door openings. For mixed use development projects within C-1 through C- 3 zoning districts the following design features may be used: i) Open arcade or covered walkway with a minimum depth of eight (8) feet and a minimum length of 60 percent of the facade. ii) A building recess or projection of the first floor with minimum depth of eight (8) feet and total minimum length of 60 percent of the facade length. iii) Architectural elements such as balconies and bay windows with a minimum deDth of three (3) feet and 33 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 354 of 499 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted that cover a minimum of 30 percent of the facade above the first floor. (Storm shutters, hurricane shutters, screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth)- C . Facade/wall height transition elements. i. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adiacent built environment. ii. Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. iii. Desian standards. a) Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten (10) feet above the existing grade. b) Transitional massing elements must be incorporated for a minimum of 60 percent of the length of the facade, which is in Dart or whole within the 150 feet of an existina buildina. c) Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies. other similar architectural features. with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: i) For buildings consisting of 20,000 square feet or larger in gross building area, projections and recesses must have a minimum deDth of six (6) feet. For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of four (4) feet. iii) For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of two (2) feet. d. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the oraanization of interior sDaces and activities. and not 34 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 355 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 DRAFT Text underlined is new text to be added T@xt strket.hrough is G61rr9At text to be delete merelv for cosmetic effect. False fronts or Daraaets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. i. Projections and recesses. a) For buildings 20,000 square feet or larger in floor area, a maximum length, or uninterrupted curve of any facade, at any point, shall not exceed 125 linear feet. Projections and recesses must have a minimum depth of six (6) feet within the 125 linear feet limitation. b) For buildinas between 10.000 and 19.999 sauare feet in floor area, a maximum length, or uninterrupted curve of any facade, at any point, shall not exceed 100 linear feet. Protections and recesses must have a minimum depth of four (4) feet within the 100 linear feet limitation. c) For buildinas between 5.000 and 9.999 sauare feet in floor area, a maximum length, or uninterrupted curve of any facade, at any point, shall not exceed 75 linear feet. Projections and recesses must have a minimum depth of two (2) feet within the 75 linear feet limitation. d) For buildinas less than 5.000 sauare feet in floor area. a maximum length, or uninterrupted curve of any facade, at any point, shall not exceed 50 linear feet. Projections and recesses must have a minimum depth of one and a half (1.5) feet, and a minimum total width of 20 percent of the facade length. Illustration - Measurement of Droiections and recesses. 35 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 356 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 L11EA1,21 Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted e. Wall Plane Changes. i. Buildings subject to the projections or recesses depths required by LDC section 4.02.27 A.1 must not have a single wall plane exceeding 60 percent of each facade. ii. If a building has a projection or recess of 40 feet or more, each is considered a separate facade, and must meet the requirements for wall plane changes in LDC section 4.02.27 B.2.e.i. Illustration Wall Plane Percen f. Building design treatments. In addition to the principal entrance facade, the following design treatments must be an integral part of the building's design and integrated into the overall architectural style. Primary facades, other than the principal entrance facade, must have at least four (4) of the following building design treatments. However, a minimum of two (2) of the following design treatments are required for buildings less than 5,000 square feet: CanoDies. Dorticos. or Dorte-cocheres. intearated with the buildina's massing and style; ii. Overhangs, minimum of three (3) feet; iii. Colonnades or arcades, a minimum of eight (8) feet clear in width; iv. Sculptured artwork; V. Murals; vi. Cornice minimum two (2) feet hiah with 12-inch Droiection: 36 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 357 of 499 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted vii. Peaked or curved roof forms: viii. Arches with a minimum 12-inch recess depth; ix. Display windows; X. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design; A. Clock or bell tower, or other such roof treatment (i.e., dormers, belvederes, and cupolas); xii. Projected and covered entry, with minimum dimension of eight (8) feet and the minimum area of 100 square feet; xiii. Emphasized building base, minimum of three (3) feet high, with a minimum projection from the wall of two (2) inches; xiv. Additional roof articulation above the minimum standards: xv. Curved walls: xvi. Columns; xvii. Pilasters; xviii. Metal or tile roof material; xix. Expressed or exposed structural elements; xx. Additional alazina at a minimum of 15 Dercent bevond the code minimum requirement; xxi. Solar shading devices (excluding awnings) that extend a minimum of 50 percent of the length of the building facade; xxii. Translucent glazing at a minimum of 10 percent beyond the code minimum glazing requirement; xxiii. Glass block at a minimum of 10 Dercent bevond the code minimum glazing requirement; or xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is chosen and 85 percent of all exterior glazing within the first three stories of the building have any of the following: a) Low reflectance, opaque glazing materials (may include spandrel glass with less than 15 percent reflectance); 37 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 358 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted b) Glass with visual patterns consisting of opaque points or patterns etched into or applied to the exterior or interior surfaces with frit, frost, or film for single pane or insulated glass. A maximum of two (2) inch spacing between horizontal elements and a maximum of four (4) inch spacing between vertical elements, with a minimum line or dot diameter thickness of one -eighth (%) inch; C) Glass with continuous etch or continuous frit on interior surface, single pane, or insulated glass; or d) External screens. q. Window standards. i. False or applied windows are allowed but shall not be included in the glazing requirement for principal entrance facades. Spandrel panels in curtain wall assemblies are allowed and shall be included in the minimum glazing required for principal entrance facades. h. Additional standards for outparcels and freestanding buildings within a non- residential or mixed -use PUD or unified development plan. i. Purpose and intent. To provide unified architectural design and site planning for all on -site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the SItA_ ii. Facades standards. All fagades must meet the requirements of LDC section 4.02.27 B.2.f. Buildina desian treatments. a) Primary fagades. All exterior fagades of freestanding structures, including structures located on outparcels, are considered primary fagades except for one secondary facade as defined below, and must meet the requirements of this section with respect to the architectural design treatment for primary facades in LDC section 4.02.27.B.2., except for those fagades considered secondary fagades. b) Secondary facades. Outparcels and freestandina buildinas are allowed one secondary facade. One facade of a freestanding structure, including structures located on outparcels, that is internal to the site and that does not abut or face public or private streets or internal drive aisles adjacent to the development. iii. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements 38 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 359 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter -connection between abutting outparcels or freestanding sites and the primary structure. iv. Primary facade standards. The following design feature is an additional option which can be used to meet the requirement in LDC section 4.02.27 B.2.b.ii. Primary fagade design features: Walls expanding the design features of the building, not less than seven (7) feet hiah. creatina a courtvard not less than 12 feet from the building and length of no less than 60 percent of the length of the associated fagade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if the courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or equipment, the height and design must prevent view from the exterior. Courtvard walls are not to be considered fences. Roof treatments. i. Purpose and intent. Variations in rooflines are used to add interest and reduce the massing of large buildings. Roof height and features must be in scale with the building's mass and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high -quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. ii. Roof edge and parapet treatment. a) When a buildina's laraest floor is areater than 5.000 sauare feet in floor area a minimum of two (2) roof -edge or parapet line changes are required for all primary fagades. One such change must be located on primary facades. Thereafter, one (1) additional roof change is required every 100 linear feet around the perimeter of the building. If a vertical change is used. each vertical chanae from the dominant roof condition must be a minimum of 10 percent of building height, but no less than three (3) feet. If a horizontal change is used, each horizontal change from the dominant roof condition must be a minimum of 20 percent of the facade length, but no less than three (3) feet. b) Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical chanae for the facades that are less than 200 feet. 39 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 360 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted One roof edge, or parapet line change must be provided for every 200 linear feet of the facade length. iii. Roof design standards. Roofs must meet the following requirements: a) When parapets are used, the average height of such parapets must not exceed 20 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third (1/3) the height of the supporting wall. b) When a flat roof is screened with a parapet wall or mansard roof at any facade, a parapet or mansard roof treatment must extend alona the remainina facades. c) When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. SIODed roofs must meet the followina reauirements: SIODed roofs that are hiaher than its suDDortina walls must feature elements that create articulation and reduce the massing of the roof. This includes: clear story windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the rnnf_ ii) The color(s) of a sloped roof must complement the color(s) of the facades. iv. Prohibited roof types and materials. The following roof types and roof materials are prohibited: a) Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. b) Mansard roofs and canopies, unless they meet the following standards: i) Minimum vertical distance of eight (8) feet is required for buildings larger than 20,000 square feet. ii) Minimum vertical distance of six (6) feet is required for buildings of up to 20,000 square feet of floor area. iii) The roof angle shall not be less than 25 degrees and not greater than 70 degrees. 40 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 361 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted c) Awnings used as a mansard or canopy roofs. j. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. i. Mansard awnings, which are those awnings that span 90 percent, or more, of a facade length and those which do not provide a connection between facades, must adhere to all roof standards of LDC section 4.02.27 B.2.i. Roof treatments. All other awninas. which are awninas that constitute less than 90 percent of a facade length, and those that do not provide a connection between fagades, must adhere to the following standards: a) The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sian standards of LDC sections 5.06.00. 9.03.00. and 9.04.00. b) The location of awnings must relate to the window and door openings, or other ornamental design features. k. Materials and colors. Puraose and intent. Exterior buildina colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. Intense, deep colors are appropriate for creating a Spanish influenced architectural character. Building trims (windowsills, door frames, ornamental features, etc.) should be highlighted with a different color from that of the building body color. Frame Vernacular architectural style reflects less intense, softer color shades highlighting architectural details in bright white. Exterior building colors. a) The use of color materials or finish oaint above level 14 saturation (chroma) or below lightness level three (3) on the Collier County Architectural Color Charts is limited to no more than 50 percent of a facade or the total roof area. b) The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man- made materials: silver unpainted metal roofs, and composite wood and decking materials. 41 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 362 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted iii. Exterior building materials (excluding roofs). The following building finish materials are limited to no more than 50 percent of the facade area: a) Corrugated, or metal panels. b) Smooth concrete block. 3. Design Standards for Specific Building Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards saecific to their desian and/or oaeration. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. a. Self -storage buildings. Self -storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: Overhead doors. Overhead doors are permitted on the facade of self -storage buildings within the IUAOD. Screen walls. When a wall is DroDosed to screen the facilitv. it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet and desianed to avoid monotonv by use of architectural elements such as pillars. iii. Single -story self -storage buildings. LDC section 4.02.27 13.2.b. Primary facade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary facade area must be glazed; and A covered Dublic entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the facade. b) Option 2. If the project design incorporates a screen wall around the perimeter of the self -storage facility, the following standards apply: i) Architecturally treated, six (6)-foot high, screen wall is reauired to screen the facilitv. 42 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 363 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ii) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope. iii) A landscape buffer at least seven (7) feet wide consisting of 10 clustered shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 24 inches tall at planting and maintained at Winches. g) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. Primary facade design features must be met. iv. Multi -story self -storage buildings. The requirements of LDC section 4.02.27 B.2.b. primary facade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary facade area must be alazed: and A covered Dublic entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the facade; and Foundation Dlantina areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building's principal entrance. b) Option 2. If project design incorporates a screen wall around the perimeter of the self -storage facility, the following standards apply: i) Architecturally treated, eight (8) feet high screen wall is required to screen the ground floor of the facility and A landscape buffer at least seven (7) feet wide consisting of 10 shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 10 feet on center, 24 inches tall at planting and maintained at 36 inches: and 43 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 364 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 iii) Primary facades above the ground level must include glazing, covering at a minimum 20 percent of the facade area; and iv) Foundation Dlantina areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building's principal entrance. C) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. primary fagade design features must be met. b. All facilities with fuel pumps. The provisions of LDC section 5.05.05 Facilities with fuel pumps shall be applicable within the IUAOD with the following exceptions: LDC section 5.05.05 C. shall apply except the architectural requirements of LDC section 5.05.08 are replaced and superseded by LDC section 4.02.27. ii. LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia canopy colors to a single color. iii. LDC section 5.05.05 D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. iv. LDC section 5.05.05 E. The followina landscape reauirements under subsection 4.02.27 B.3.c.ii are in addition to the requirements of LDC section 4.02.27 BA Buffer and Landscaping Requirements. C. SupDlemental standards for facilities with fuel Dumas within 250 feet of residential property. Facilities with fuel pumps shall be subject to the following standards when located within 250 feet of residentially zoned or residentially developed properties, hereinafter referred to as "residential property," as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from this section when it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum four M-lane arterial or collector right-of-way. i. Setbacks. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). ii. Landscaping and masonry wall standards. Facility with fuel pumps sites shall be separated from residential property by a 15-foot-wide Type I-D landscape buffer with an architecturally designed masonry wall. The masonry wall shall be eiaht (8) feet in heiaht. centered 44 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 365 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. iii. Music, amplified sound, and delivery time standards. a) Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b) Music and amplified sound shall not be audible from the residential property line. c) Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. iv. Lighting standards. a) All light fixtures shall be directed away from neighborin properties. b) On -site light fixtures within 50 feet of residential property shall not exceed a height greater than 15 feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than 20 feet above finished grade. C) All light fixtures shall be full cutoff with flat lenses. d) On -site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of one and a half (1.5) foot-candles and a maximum average of five (5) foot- r,anrllAc e) Illumination shall not exceed: i) One-half (0.5) foot-candles at all residential property lines. ii) One -fifth (0.2) foot-candles at 10 feet beyond all residential property lines. f Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. q) Under canopy luminance shall be between a minimum average of five (5) foot-candles and a maximum average of 20 foot-candles. 45 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 366 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 V. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. vi. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. vii. Landscaping adjacent to all other property lines: a) Landscaping adjacent to all other property lines shall comply with the reauirements in LDC section 4.02.27 B.4. b) Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. d. Hotel/motel. licabilitv. All standards of LDC section 4.02.27 are applicable with the following exceptions. Design features. LDC section 4.02.27 B.2.b. Primary facade design features can be replaced as follows: a) The design of the primary facades must include windows and other glazed openings covering at least 20 percent of the primary facade area, and one of the following design features- i) Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight (8) feet. and a minimum area of 100 sauare feet. or ii) Covered walkway or arcade (excluding canvas type) that is attached to the building or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The minimum width shall be six (6) feet, with a total length measuring 60 percent of the length of the associated fad b) For buildings located 200 feet or more from the street right- of-way, the projected or recessed entry and covered walkway or arcade, required by the above LDC section 4.02.27 B.3.d.ii.a), can be located on any facade. e. Outside play structures. No portion of any play structure, located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existina around elevation. 46 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 367 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 4. Buffer and landscaping requirements. a. Applicability. i. The provisions of LDC section 4.06.00 Landscaping, Buffering and Vegetation Retention shall be applicable to non-residential development within the IUAOD, except for the following regulations which replace: a) LDC section 4.06.02 Buffer Reauirements. b) LDC section 4.06.03 A. Landscaping Requirements for Vehicular Use Areas and Rights -of -Way Applicability_ c) LDC section 4.06.03 B. Standards for Landscaping in Vehicular Use Areas. d) LDC section 4.06.05 C. Buildina Foundation Plantinas. ii. Applicability of buffer requirements. The buffering and screening requirements identified in Table 1 below shall apply to all new non- residential development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded (except for restriping of lots/drives), the building square footage is changed, or building improvements exceed 50 percent of the value of the structure. iii. Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.02.27 B.4. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with LDC section 4.06.05 General Landscaping Requirements: a) To seDarate residential develoDments from commercial community use, industrial, and public use developments and adjacent expressways, arterials, and railroad rights -of - way, except where such expressway, arterial, or railroad right-of-way abuts a golf course. b) To separate commercial, community use, industrial and public use developments from residential developments. c) To delineate and create some limited separation between non-residential uses. iv. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of LDC section 4.02.27 BA and LDC section 4.06.00. as aDDlicable. Such 47 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 368 of 499 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 1 buffer strip(s) shall be shown and designated on the final plat as a 2 tract of easement and shall not be located within any public or 3 private right-of-way. The ability to locate buffer(s) within a platted or 4 recorded easement shall be determined pursuant to the provisions 5 of LDC section 4.06.00, Buffers adjacent to protected/preserve 6 areas shall conform to the requirements established by the agency 7 requiring such buffer. 9 V. Landscape buffers, when required by the Land Development Code, 10 or other county regulation shall be in addition to the required right - II of -way width and shall be designated as a separate buffer tract or 12 easement on the final subdivision Dlat. The minimum buffer width 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 shall be in conformance with this section 4.02.27 BA. In no case shall the required buffer be constructed to reduce cross -corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entitv and shall be so dedicated on the final subdivision Dlat. b. Methods of determinina buffers. Where a DrODerty adiacent to the DroDosed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in Table 1. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in Table 1, the proposed use shall install a type I -A buffer. i. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the County Manager or designee may waive the planting requirements of this section. The bufferina and screenina Drovisions of this Code shall be applicable at the time of planned unit development (PUD), subdivision plat, or site development plan review, with the installation of the buffering and screening required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be reauired on the final subdivision Dlat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the County Manager or designee may require buffering and screening the same as for the higher intensity uses between those uses. iii. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screenina standards of the zonina district to which it most closelv resembles. The County Manager or designee may approve alternative IandscaDe bufferina and screenina standards when such 48 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 369 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. C. Types of buffers. Within a required buffer strip, the following types of buffers shall be used based on the matrix in Table 1. There are four (4) possible buffer types, as described below. Each buffer type includes a minimum width and a minimum number of trees and shrubs per 100-linear-foot segment of boundary. A hedge shall at a minimum consist of three (3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center at planting unless otherwise indicated in the table below or within the specific section of the LDC. The buffer types are: Buffer T es er 100 linear feet I -A I-B I-C I-D Minimum width feet 10 15 15 15 Minimum number 2 4 3 4 of trees Minimum number 0 18 36 inches tall * 60-inch tall 36-inch tall of shrubs hedge, or 18 hedge or 4 shrubs (60 shrubs (36 inches tall) inches tall) with a wall with a wall* *For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and maintained at 36 inches. i. Type I -A Buffer. a) Minimum Width: 10 feet. b) Minimum number of trees (per 100 linear feet): Two (U ii. Type I-B Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four (4). c) Minimum number of shrubs (per 100 linear feet): 18 (planted at 24 inches and maintained at 36-inches) iii. Type I-C Buffer. a) Minimum Width: Fifteen feet. b) Minimum number of trees (per 100 linear feet): Three. Trees shall be spaced no more than 33 feet on center. 49 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 370 of 499 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted c) Minimum number of shrubs (per 100 linear feet): a 60-inch tall hedge or 18 shrubs (60 inches tall) with a wall iv. Type I-D Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four. C) Minimum number of shrubs (per 100 linear feet): a 36-inch tall hedae. or 4 shrubs (36 inches tall with a wall). A continuous three (3)-gallon single row hedge spaced three (3) feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 36 inches in height in one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way or where deemed appropriate, pursuant to LDC section 4.06.05 DA. Shrubs and Hedaes. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three (3)-gallon single row hedge a minimum of 24 inches in height spaced three (3) feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. The remainina area of the reauired Iandscaoe buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain, and incorporate the existing native vegetation in these areas. iv) A signage visibility triangle may be created for non- residential on -premises signs located as shown in Figure 4.06.02 C-2 for Type I-D buffers that are 20 feet or greater in width. The line of visibility shall be no greater than 30 linear feet along road right-of-way line. Within the visibility triangle, shrubs and hedges shall be required pursuant to LDC section 4.06.05 DA except that hedges, shrubs, or ground cover 50 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 371 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 located within the signage visibility triangle shall be maintained at a maximum plant height of 24 inches. Within the visibility triangle, no more than one required canopy tree may be exempted from the Type I-D buffer requirements. V. Interpretation of Table 1. a) The table below describes the required buffer type when a proposed use is abutting a different existing use or, in the absence of an existing use, the existing zoning. b) The letter listed under "Adiacent Properties Zonina District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. c) The "-" svmbol shall reDresent that no buffer is reauired. d) The PUD district buffer. due to a varietv of differina land uses, is indicated by the "*' symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities, and intensities of uses. e) Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. Table 1 Adjacent Properties Zoning District and/or Property Use Subject Property's c � g _ — Y U N 0- }, C °n � E o a) to 3 °; C cCO g +. District/Use ILL M > U� 0 Q' � •� cv _ O O � U o j m c U > Q w o U� U 0 y a) M m cB U- a� N ca TOTOE N L N Li N N O O O U U N O U O U O E L cn cn N (6 E C U !E ._ —0 Q � > U U o_ L� > CD U' Q Agriculture - 1-13 I-B I-B I_ I-B I -A I -A I -A I -A I-D I -A Commercia I -A I-C I-C I-C 1- I-C I -A I -A I -A I-D I-B I-B I-B 51 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 372 of 499 DRAFT C-3, C- C-51. Industrial` Public use Th community facility CF Golf Course Clubhouse, Amenity Center Planned unit developme nt PUD Vehicular rights -of- way Golf course maintenan ce building Golf course Automobile Text underlined is new text to be added :Axt strkethrough is GWrr9At text to be deleted I -A I-C I-C I-C I- I-C I -A I -AZ I -A I-D I-C I-C I-C I -A I-B I-B I-B I- I-B I -A I -A I -A I-D I-B - I-C I* I* I* I* I* I* I* I* I* IID I* I* I* I-D I-D I-D 1B 1B 1B = I -A I= I I-C I= I I-C I-D I- I-D D 1B I_ 1B B I-C I- I I-C L I-D I-D I-D 1B 1C 1B - I1C _ I-C I I -A I I-C I-D - I-D 1B 1D = = = 11B 1D I1C 1B I-D 1C 1C 1 2 ' Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) 3 submittal. 4 5 2 Industrial (1) zoned property, where abutting industrial (1) zoned property, shall be required to install 6 a minimum five (5)-foot-wide type I -A landscape buffer adjacent to the side and rear property lines. 7 The buffer area shall not be used for water management. In addition, trees may be reduced to 50 8 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not 9 apply to buffers adjacent to vehicular rights -of -way or nonindustrial zoned property. Abuttinq 10 industrial zoned properties may remove a side or rear buffer along the shared property line in 11 accordance with LDC section 4.02.27 BA.c.viii. This exception to buffers shall not apply to buffers 12 abutting vehicular rights -of -way. 13 14 3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or 15 similar commercial development may have a shared buffer 15 feet wide with each abutting property 16 contributing seven and one-half (7.5) feet. The outparcels may remove a side or rear buffer along 17 the shared property line between comparable uses within the same zoning designation in 18 accordance with LDC section 4.02.27.B.4.c.viii. These provisions shall not appl two right-of-waV 19 buffers. 20 21 4 Refer to LDC section 4.02.27 B.3.b and c. for automobile service station landscape requirements. 22 52 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 373 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted vi. Business Parks. A 15-foot-wide landscape buffer shall be provided around the boundary of the business park when abutting residential zoning district or uses. A six (6)-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required, and one row of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wal I combination. vii. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof tog equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. viii. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities. Drovided the followina criteria are met: a) A ioint Droiect Dlan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code and shall be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b) The following are eligible for a joint project plan. One outparcel shall be no greater than three acres and the combined parcel acreage shall not exceed five acres: i) Abutting commercial outparcels located within a shopping center. Abuttina commercial Darcels in a Business Park. iii) Abutting commercial parcels with the same zoni designation. iv) Abutting industrial parcels with the same zoning designation. c) The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. 53 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 374 of 499 DRAFT Text underlined is new text to be added 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 d. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: i. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. Water manaaement systems must not exceed. at anv location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five (5)-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. iii. Exceptions to these standards may be granted on a case -by -case basis. evaluated on the followina criteria: a) Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. b) For lots of record 10.000 sauare feet or less in size. water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width must be provided in these buffers. iv. Sidewalks and other impervious areas must not occupy any part of a required I -A, I-B, I-C, or I-D type buffer, except when: a) Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel. b) Parallel meandering sidewalks occupy the buffer, and its width is increased by the equivalent sidewalk width. c) A required 15-20-foot-wide buffer is reduced to a minimum of 10 feet wide and is increased by the five -to -ten -foot equivalent width elsewhere along that buffer. e. Vehicular use areas. Applicability. The provisions of this section shall apply to all new off- street Darkina or other vehicular use areas. 54 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 375 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted a) Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the building improvements exceed 50 percent of the value of the structure. b) These provisions shall apply to all non-residential develoDment within the IUAOD. c) Any appeal from an administrative determination relating to these regulations shall be to the Board of Zoning Appeals or equivalent. d) Prior to issuing occupancy permits for new construction, implementation, and completion of landscaping requirements in off-street vehicular facilities shall be required. e) Where a conflict exists between the strict application of this section and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. ii. Standards for landscaping in Vehicular Use Areas. For projects subject to architectural design standards, see LDC section 4.02.27 B.2. for related Drovisions. a) Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaoina areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other landscape treatment. One tree shall be provided for every 250 square feet of the required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area Drovided shall be shown on all Dreliminary and final landscape plans. b) Vehicular use areas under 25 reauired Darkina sDaces are exempt from the LDC section 4.06.03 requirement that does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the Derimeter 55 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 376 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strket.hrough is G61rr9At text to be deleted landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 13.2. c) All rows of parking spaces shall be bordered on each end by curbed terminal landscape islands. Each terminal landscape island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the terminal landscape island. Type D or Type F curb per current FDOT Design Standards is required around all terminal landscape islands. A terminal landscape island for a sinale row of parking spaces shall be landscaped with at least one canopy tree. A terminal landscape island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the terminal landscape island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. d) Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. e) Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. f) Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 sauare feet. An area that is at least seven Dercent of the size of the vehicular use areas must be developed as preen space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans (Refer to section 4.02.27 A.). The interior landscape requirements of these projects must be reduced to an amount equal to five percent (5 percent) of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic, or noncommercial recreation purposes and must be pedestrian -friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, 56 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 377 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GWr%At text to be deleted decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the County Manager or designee deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one (1) foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 B. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. Reauired landscaoina for buildinas over 20.000 sauare feet shall be pursuant to LDC section 4.02.27 A. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. i) Trees in vehicular use areas must be a minimum of 14- to 16-feet height with a six- to eight -foot spread and a three- to four -inch caliper and must have a clear trunk area to a heiaht of six feet. ii) The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs, and groundcovers and must have a clear trunk area to a height of seven feet. f. Building foundation plantings. All commercial buildinas. residential buildinas with three or more units, and retail and office uses in industrial buildings shall provide building foundation plantings in the amount of 10 percent of the overall building footprint area and a minimum planting width of five feet. ii. Foundation planting areas, with the exception of trees, shall be located adjacent to building entrance(s), and along primary fagades. iii. Building foundation plantings shall consist of shrubs, ground cover, raised planter boxes, and/or ornamental grass plantings. 57 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 378 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I�.E_1*I iv. A maximum of 50 percent of the be located in perimeter buffers. Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted uired foundation Dlantina ma V. Water management shall not occur in foundation planting areas. 5. Off-street parking. a. Purpose and Intent. The followina standards are intended to auide the development of off-street parking, loading and transportation access within the IUAOD to recognize the higher levels of bicycle and pedestrian activity in Immokalee, to encourage the continued use of alternative modes of transportation, and to provide safe and functional circulation patterns and connectivity for off-street parking_ b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and Loading, the following regulations shall apply to all non-residential development within the IUAOD, except for the following conditions: i. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existina landscapina which does not comDly with the Drovisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restripinq of lots/drives, the building square footage is changed or building improvements exceed 50 percent of the value of the structure. iii. Prior to issuing occupancy permits for new construction, implementation, and completion of landscaping requirements in off- street vehicular facilities shall be required. C. Shared Parking. Shared parking arrangements between adjoining developments shall be encouraged. d. Parking Reduction. Off-street parking requirements may be reduced through the substitution of one required parking space by providing and maintaining a bicycle rack able to hold four bicycles throughout the IUAOD. The maximum reduction is 25 Dercent of the reauired off-street Darkina or 25 spaces, whichever is less. e. Bicycle parking. i. Applicability. Due to the significance of pedestrian and bicycle modes of travel within the MOD, bicycle parking spaces shall be required for safe and secure parking of bicycles. These regulations replace LDC section 4.05.08 Bicycle Parking Requirements. Number. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of reauirements for motor 58 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 379 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added Text strkethrough is GWrr9At text to be deleted vehicles as set forth in section 4.05.04. but not to exceed a maximum of 20 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. iii. Design. a) A bicycle parking facility suited to a single bicycle ("bicycle parking space") shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of one and one-half (1'/2) inch Schedule 40 pipe, ASTM F 10831 bent in one (1) piece ("bike rack") mounted securely to the ground [by a %-inch thick steel base plate, ASTM A 361 so as to secure the bicycle frame and both wheels. b) Each bicycle parking space shall have a minimum of three feet of clearance on all sides of the bike rack. c Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no areater than 100 feet from the main buildina entrance_ d) Extraordinary bicvcle Darkina desians which deaart from the bike rack standard but are consistent with the development's design theme shall be considered by the County architect. Bike racks which function without securing the bicycle frame, require the use of a bicycle kick stand, or which may be freelv reoriented are not allowable. 6. Fencing and Walls, Excluding Sound Walls. a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls, Excluding Sound Walls, are applicable within the IUAOD with the following exceptions: i. LDC section 5.03.02.G Supplemental Standards SUDDlemental standards. All fences shall have their finished side facina outward. ii. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a) Chain link (including wire mesh) and wood fences are permitted forward of the primary facade. 59 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 380 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted b) Fences forward of the primary facade, including chain link, wire mesh, and wood are permitted under the following conditions: i) Fences shall not exceed four feet in height. ii) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its lenath with a deviation of at least 12 inches. iii) The fence style must complement building style through material, color, and design. Use of chain link or wire mesh fencina (the reauirements of this section are not applicable to single family dwellings). If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. iv. Barbed wire is only authorized within aaricultural districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by application and decision by the County Manager or designee. 7. Outdoor lighting requirements. a. ADDlicability. In addition to LDC section 4.02.08 Outside Liahtin Requirements, the following regulations shall apply to all non-residential development within the IUAOD. If any of the provisions noted herein conflict with other regulations within LDC section 4.02.08 Outside Lighting Requirements, the following shall apply. b. Design. The design of the lighting fixtures shall be consistent with the design of the project (including outparcels) in style, color, materials, and Incafinn ii. Lighting shall be designed to comply with the intent of the Illuminating Engineering Society of North America (full cutoff). All lighting shall be designed to eliminate uplighting_ Liahtina shall be desianed to Drevent the alare or sDillaae of liaht onto adjacent properties and to prevent hazardous interference with automotive and pedestrian traffic. In order to accomplish this, all exterior lighting shall be directional, and use recessed light bulbs, filters or shieldina to conceal the source of illumination. 60 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 381 of 499 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted C. Security Lighting. Lighting for security purposes shall be directed away from and shielded from adjacent properties and rights -of -way. This requirement shall also apply to agricultural uses. 8. Signage. a. ADDlicability. In addition to LDC section 5.06.00 Sian Reaulations and Standards by Land Use Classification, the following regulations shall apply to all businesses within the IUAOD. If any of the provisions noted herein conflict with LDC section 5.06.00 Sign Regulations and Standards by Land Use Classification. the followina shall aDDly. b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and subject to the following_ i. Murals are only allowed on commercial, civic, or institutional buildings. ii. One mural is allowed per building. iii. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. iv. The mural shall not contain text. V. The mural cannot be temporary in nature and the building owner must commit to maintainina the mural. vi. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. C. Building and site design standards specific to the Mainstreet Overlay Subdistrict (MSOS). Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Structures shall be no more than 35 feet in height, except that hotel/motel uses shall be no more than 50 feet in height. b. Setback. The Main Street Overlay Subdistrict contains four design districts as described below, which were created in order to maintain and enhance the urban character of downtown Immokalee and to encourage the desired pattern of development. 61 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 382 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted i. Main Street Corridor. a) Main Street Corridor. The Main Street Corridor is for those properties abutting Main Street from Second Street East to Hancock Street or 11 th Street. b) First Street Corridor. The First Street Corridor is for those properties abutting First Street from Eustis Avenue to West Main Street_ c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for those properties abutting Fifteenth Street from Hancock Street to Immokalee Drive. d) Side Streets. The side streets include all streets running perpendicular and parallel to the Main Street, First Street and Fifteenth Street Corridors within the Main Street Overlav Subdistrict. Table 1. Dimensional Reauirements in the MSOS DESIGN DISTRICT SETBACK FROM THE STREET FRONT/CORNER SIDE YARD SETBACK REAR YARD SETBACK MAIN STREET 0' from property line or 10' Min. = 0' if 5' or 20' when CORRIDOR maximum from the back of neighboring building has 0' abutting residential the curb (see Illustration 1),except setbacks on public setback, otherwise maintain a streets are a minimum of 0' from the right-of-way line. building separation of 10' (see Illustration I Max. = 50% of lot width (both sides combined) (see Illustration FIRST STREET 0' from property line or 8' Min. = 0' if 5' or 20' when CORRIDOR maximum from the back of neighboring building has 0' abutting residential the curb (see Illustration 1), except setbacks on public setback, otherwise maintain a streets are a minimum of 0' from the right-of-way line. building separation of 10' (see Illustration 3 62 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 383 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AA-A121 Text underlined is new text to be added Text str kethrough is GWrr9At text to be deleted Max. = 50% of lot width (both sides combined) (see Illustration 4 FIFTEENTH STREET CORRIDOR 0' from property line or 25' Per LDC 5' or 20' when maximum from the back of abutting residential the curb* (see Illustration 1), except setbacks on public streets are a minimum of 0' from the right-of-way line. INTERIOR STREETS 5' maximum for the first two Per LDC 5' or 20' when stories, plus 5' additional abutting residential setback for buildings over two stories; measured from property line (see Illustration 2), except setbacks on public streets are a minimum of 0' from the right-of-way line. No building, appurtenance, or site design element listed in LDC section 4.02.27 B, or any outdoor seating areas shall project beyond the property line or be placed into a right-of- way without the appropriate right-of-way permitting in accordance with Resolution 2016- 136. as amended. 2 Setback measured from the back of the curb at the sidewalk's narrowest segment within the same block (e.g. not including bump outs) Illustration 1 - General Building Setbacks Plan View i i i I i i i i I i i i i I i i I i I I I I I ! I -_— --J— — — _ I I I I Pr +1 Line x_._ Setback Setback -. ........... ......... Back of Curb (50C) Illustration 2 - Setback reauirements alona Side Streets 63 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 384 of 499 1 2 3 4 5 6 7 8 AkDE121 Text underlined is new text to be added Text strket.hrough is G6112%At text to be deleted �I J CI �I O �I I I 41h Floor I ... k. lka I I 7rd Floor I I 2nd Floor .................. I 1 S1 RON Illustration 3 - Side Yard Setback Reauirements —Alternative 1 C' Setback i j j I I 1 I ! I 1 E I Existing I New I i Building i Budding # Vacae�l I i t t Build-to-LineJ�-----1� Curb OF 5treel Illustration 4 - Side Yard Setback 64 irements — Alternative 2 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 385 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LI].T_1MII a + b ; s501.6 of Iol wrdth I I I j � I i j I e �sy I Existing I New Building Building ! vacant I Imo. b I I I I I Build -to -Line Curb Street Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted C = s50% of lot wrdlh ! ! I I I 1 Exrsting New ! Existing 1 Building Building ! Building 1 I ! E I ! F I ! 1 Build-t WLine Curb Street C. Exceptions to building setback requirements. Public SDace: Street setbacks may be Dermitted uD to 30 feet if pedestrian courtyards, plazas, cafes, fountains, or other public gathering places are provided in front of the recessed portion of the building. For buildings greater than 40 feet in width, the increased setback area shall not exceed 50 percent of the building frontage and shall incorporate a street wall along the original setback line. ii. Arcades: The use of arcades is encouraged and therefore allowed to extend up to the property line. They may have enclosed space, balconies, or verandas above them. Arcades should be open and non -air conditioned. 3. Building and site design standards. a. Architectural Stvles. All new non-residential buildinas within the MSOS are encouraged to adopt architectural elements consistent with one of the following types of architecture. Conditional uses within the MSOS are required to adopt architectural elements consistent with one of the types of architecture described in Table 1 below: Table 1 - Architectural style descriptions Spanish Vernacular Frame Contemporary Vernacular Mediterranean Mission Roof Types Multi -level roofs Flat roof with Gable Flat overhanging Gable curvilinear roof H �ip parapets are Pent/Visor Gable most common Pent/Visor Parapets Parapets Gable and Hip Pent also used. Pent/Visor 65 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 386 of 499 A.?_l21 Text underlined is new text to be added Text str kethrough is GWrWt text to be deleted Roof Materials Barrel Tile (half Barrel Tile (half Metal roof (5v Metal roof Concrete tiles Solar tiles cylinders) or cylinders) or panels or narrow Spanish Tile (s- Spanish Tile (s- standinq seam) curved shape) in curved shape) red and earth tones. Far,ade Materials Stucco with Stucco with sand Lapped siding Concrete Glass Steel sand finish or finish or hand with corner hand troweled troweled boards (wood or vin 1 Vertical board & batten siding Pattern shingles (for accent only) Windows Arched windows Vertical Half round Tall and narrow (some triple- proportion Sashed Window and door arched) Vertical in transom Sashed proportion Half round trim projects out from wall transom above cladding windows Sashed Building Color Typically earth Typically earth Typically, pastel tones; however, tones; however, colors with white due to heavy due to heavy trim/accent; however, due to influence from influence from Central & South Central & South heavy influence America brighter America brighter from Central & colors are colors are South America encouraged encouraged brighter colors are encouraged Ornamentation Arcades Balconies Full arches Wrought iron, Arcades Balconies Full arches Wrought iron, Porches Columns, spindles (square or turned Gable end or wood or cast wood or cast stone railings. stone railings. Patterned tiles or eave brackets Patterned tiles Shutters Transom windows or single tiles single tiles used used for accent. for accent. Carved stonework Wood or iron Carved stonework Wood or iron window grilles window grilles Tile Tile vents Fences Combination of Combination of Wood picket masonry and masonry and fences wrought iron wrought iron 66 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 387 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted nish vernacular. a) Mediterranean Style: Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low-pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical facades. Mediterranean style buildings typically contain the following: multi -level roofs composed of barrel tile (half cylinders) or Spanish Tiles (s-curved shape) in red and earth tones, facade of stucco and sand finish or hand troweled, arched windows (some triple -arched), ornamentation contain full arches and patterned tiles or single tile for accent. b) Mission Stvle: Influenced by the SDanish Colonial Stvle. Characteristics typically include barrel tile roofs, arches, earth tone colors, and asymmetrical facades finished in stucco. Similar to the Mediterranean Style but exhibiting much less ornamentation and detailina. Mission Stvle buildings typically contain flat roof with curvilinear parapets are most common, barrel tile (half cylinders) or Spanish Tile (s-curved shaDe). stucco with sand finish or hand troweled. and ornamentation containing full arches. C) Frame Vernacular: Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for facade finish, elaborate wood balustrades, large porches, and metal roofs. Frame Vernacular buildings typically contain metal roofs (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. d) Contemporary: Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as oDenness both in interiors and to the outside. natural liaht. eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. b. Building facade design. Buildings shall have architectural features and patterns that provide visual interest from the perspective of the pedestrians and motorists. All additions and alterations shall be compatible with the principal structure in design, color, and materials. Facade orientation. New buildings shall orient the principal entrance facade parallel to the public right-of-way. If the building 67 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 388 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted fronts on more than one public right-of-way, all facades facing the Public rights -of -way shall be designed consistent with primary facade requirements. ii. Facade continuity. Facades along Main Street should limit building gaps along the block. If a gap is created between two buildings, one of the following should be provided. a) A pedestrian courtyard (connecting to rear parking areas or alleys), or b) A decorative facade connecting the two buildings, or c) A low street wall along that portion of the lot along the right- of-way not devoted to pedestrian or vehicular access. iii. Facade variation. a) Primary facades shall not exceed 20 horizontal feet and 10 vertical feet, without three of the following elements. When selecting these elements, there shall be a combination of vertical and horizontal elements in order to create variation in the facade. A chanae in plane. such as an offset. reveal. or projecting rib (columns, built in planters, arches, voids, etc.). Such plane projections or recesses shall have a width of no less than 20 inches, and a deDth of at least six inches. ii) Awnings. iii) Arcades/colonnades. iv) Balconies. v) Complementary change in material/texture. vi) Garage doors. vii) Doors and/or windows. viii) Decorative architectural elements (tiles, medallions, etc. . ix) Raised bands/cornices. b) Secondary facades shall include at least two elements from the Drimary facade list above. In addition to the list above a 68 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 389 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GWr%At text to be deleted mural or wall art may be substituted for two facade elements. C. Entrances. i. Corner buildings along the Main Street, First Street or Fifteenth Street corridor shall orient the primary entrance to the primary street. ii. All Drimary entrances shall include one of the followi a) Protrudina front aable. b) Pilasters, columns, a stoop or other projection or recession in the building footprint that clearly identifies the entrance. iii. In addition, every primary entrance shall have two other distinauishina features from the list below: a) Variation in building height; b) Canopy or portico; c) Raised cornice or Daraoet over door: d) Arches/columns; e) Ornamental and structural architectural details. d. Glazing. The arrangement of windows and doors should be consistent with the architectural style of the building. ii. Windowless facades facing the public right-of-way are prohibited. iii. Transparency requirements include the following: a) The around floor buildina wall facina the street shall contain windows and doors occupying at least 50 percent of the first - floor facade. The first -floor windows shall be located between three and eight feet measured from ground level. All other floors and elevations shall contain at least 25 percent glazing_ b) Clear glass (88 percent light transmission) should be installed on the first floor. Tinted glass allowing a minimum of fifty percent light transmission should only be allowed on second floor windows and above. Stained or art alass is 69 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 390 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted allowed only if it is in character with the style of the building, such as in a church. c) Office uses shall have front exterior walls containina a minimum of 25 percent transparent or translucent materials on each story. The side exterior walls (facing the street) shall each contain a minimum of 15 percent transparent or translucent materials on each story. d) Transparent materials on walls that are not parallel or approximately parallel to the public right-of-way and on doors shall not be counted toward the minimum transparency requirement. e) Garage or service bay doors shall not be included in the transparency/translucency calculation. e. Landscaping and buffering. To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses. The following landscape buffering criteria shall be applicable to projects with a total building square footage of less than or equal to 5,000 square feet. For all others, LDC section 4.02.27 B.4 applies: Properties adiacent to residentiallv zoned lots/Darcels shall Drovide a minimum 10-foot-wide landscape buffer, consisting of at least a six -foot -high hedge (four feet at time of planting and growing to six feet within one year) or wall, with trees spaced no more than 25 feet on center; ii. Properties adjacent to commercially zoned lots/parcels shall Drovide a minimum seven and one-half -foot-wide landscape buffer with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall at a minimum consist of three -gallon plants, two feet in height, spaced a minimum of three feet on center at planting_ iii. A minimum seven and one -half -foot -wide buffer, with at least two trees per lot/parcel or one tree per 40 linear feet, whichever is greater, shall be required adjacent to all rights -of -way; iv. Lots/Darcels that are unable to meet the minimum IandscaDe criteria above, shall be required to provide landscaping to the greatest extent practicable, or an alternative enhancement plan that may include planters and/or flower boxes for each property, as approved by the County Manager or designee. Off-street parking. Minimum off-street parking and off-street loadi Standards for Darkina within the MSOS. and as set forth below: 70 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 391 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted i. No additional off-street parking is required for outdoor dining or outdoor restaurant seating areas. ii. All properties within the MSOS, having frontage on Main Street, First Street, or Ninth Street are required by this subdistrict to locate all parking areas in the rear yard and/or side yards. a) Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street (CR 846) shall comprise the Drimary areas within the MSOS. b) Uses in existence. as of the effective date of this LDC section, are exempt from the minimum parking requirements as set forth in LDC section 4.05.00, except that existing uses shall not reduce the number of spaces below what is provided as of the effective date of this LDC. c) A change of use shall be exempt from the minimum parking reauirements as set forth in LDC section 4.05.00 uD to an intensity level of one parking space per 100 square feet. A change of use to an intensity of greater than one space per 100 square feet shall require parking at one parking space per 150 square feet. d) Any use in a building constructed after the effective date of this LDC will be required to provide parking at 50 percent of the minimum requirement as set forth in LDC section 4.05.00. iii. Lots, parcels, or uses which do not have frontage on Main Street or First Street shall comprise the secondary area within the MSOS. a) Uses in existence as of the effective date of this LDC Section are exempt from the minimum parking requirements as set forth in LDC section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. b) A change of use shall be exempt from the minimum parking reauirements as set forth in LDC section 4.05.00 uD to an intensity level of one parking space per 100 square feet. A change of use to an intensity greater than one parking space per 100 square feet shall require parking at 50 percent of the minimum requirement as set forth under LDC section 4.05.00. No change in use shall allow for a reduction of the current number of parking spaces provided. iv. The provisions of the MSOS do not prevent establishments utilizing shared parking agreements and off -site parking arrangements as set forth in LDC section 4.05.00. Furthermore. the maximum 71 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 392 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strkethrough is GWrr9At text to be deleted distances set forth in LDC section 4.05.00 shall be increased to 1,000 feet within the boundaries of the MSOS. Properties within the MSOS entering into off -site parking agreements with properties outside the MSOS may utilize the 1,000-foot rule. V. Standards for landscaping in vehicular use areas within the MSOS. a) Landscaping is required in the interior of vehicular use areas. At least ten percent of the gross square footage of onsite vehicular use area shall be devoted to interior landscaping areas. b) All rows of parking spaces shall be bordered on each end by curbed landscape islands/Terminal Landscape Islands. Each terminal island shall measure no less than eight feet in width from inside the curb and extend the entire length of the single or double row of parking spaces bordered by the island. Type D or Type F curb per current FDOT Design Standards is reauired around all landscape islands. Terminal islands shall be landscaped with at least one canopy tree. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. C) Vehicular use areas under 25 required parking spaces within the MSOS are exempt from the LDC section 4.06.03 requirement that does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the perimeter landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 B.2. Fencina. Street walls are reauired to screen off-street Darkina facilities (spaces or driveways) from the right-of-way. ii. Street walls shall be a minimum of three feet and a maximum of five feet in height. iii. Street walls greater than three feet in height above grade shall be no more than 50 percent solid. iv. Street walls should be designed to complement the principal buildina stvle. materials. and colors. 72 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 393 of 499 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted V. In lieu of a street wall, a continuous hedge row no more than four feet in height can be provided. vi. Utilities/service areas. a) Accessory structures shall have the same architectural detail, design elements and roof design as the primary structure. b) Rooftop mechanical equipment should be integrated into the overall mass of a buildina by screenina it behind parapets or by recessing equipment into hips, gables, parapets, or similar features. Plain boxes as the only screening mechanism are not acceptable. c) Equipment installed at ground level shall be screened by low walls or landscaaina. d) Areas for outdoor storaae. trash collection. and loadina shall be incorporated into the primary building design. The materials used shall be of comparable quality and appearance to those of the primary building. e) Loading areas or docks, outdoor storage, waste disposal, mechanical equipment, satellite dishes, truck parking, and other service support equipment shall be located behind the building line and shall be fully screened from the view of public rights -of -way. h. Signage. i. Projecting signs are permitted in addition to permitted signs provided such signs do not exceed six square feet in size and are elevated to a minimum of eight feet above any pedestrian way_ ii. Sandwich boards are permitted, one per establishment, not to exceed six square feet and shall only be displayed during business hours_ D. Building and site design standards specific to the State Road 29A Commercial Overlay Subdistrict (SR 290S). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. a. Exceptions. Owners of lots or combination of lots having less than the required street frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the 73 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 394 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GWrr9At text to be deleted public interests when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2. Dimensional standards. a. Height. Buildings shall have a maximum height of 50 feet. b. Setback. Front Setback — Minimum 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning and use standards. ii. Rear Setback — Minimum of 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning oning and use standards. 3. Landscaping and buffering_ a. Proiects with a total buildina sauare footaae of less than or eaual to 5.000 square feet shall provide a 10-foot Type A landscape buffer as described in LDC section 4.06.00 along vehicular rights -of -way with required sidewalks and adjacent residential development. Where abutting a commercially zoned or developed property, a Type A landscape buffer as described in LDC section 4.06.00 must be provided. b. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 13.4. 4. Off-street parking. a. Access points to SR-29 shall comply with Florida State Department of Transportation (FDOT) permitting regulations. Parcels that have less than 440 feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not directly access SR-29. b. Shared parking arrangements and interconnections between adjoining develoDments shall be encouraaed. C. Sidewalks shall be provided to encourage pedestrian traffic. The location of said sidewalks shall be coordinated with adjacent projects. E. Building and site design standards specific to the Jefferson Avenue Commercial Overlay Subdistrict (JACOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control. 2. Dimensional standards. 74 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 395 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted a. Height. Commercial buildings shall have a maximum height of 50 feet excluding 10 feet for under -building parking_ b. Setback. i. Front Setback — A minimum of 25 feet for all commercial buildings when abutting Jefferson Avenue. All other setbacks shall comply_ with their underlying zoning and use standards. All other setbacks shall be in accordance with the underlying zoni and use standards. 3. Landscaping and buffering_ a. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a 10 foot Type I -A landscape buffer, as identified in LDC section 4.02.27 BA. on Jefferson Avenue. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 B.4. 4. Off-street parking_ a. Access points for future commercial development shall be limited to a maximum of one (1) per 150 feet of street frontage. b. Properties with less than the required street frontage, shall be encouraged, and may be required as a condition of site development plan approval, to utilize shared access points with adjoining commercial development. Owners of lots or combination of lots havina less than the 150-foot of required frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardshiD. Provisions for shared parking arrangements with adjoinin developments shall be encouraged. F. Reserved. G. Building and site design standards specific to the Agribusiness/Farm Market Overlay Subdistrict (AFOS). Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these reaulations and LDC section 4.02.27. the subdistrict reaulations shall control. 75 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 396 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 L11T-IIII Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted 2. Exceptions. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 5.05.08, Architectural and Site Design Standards for Commercial Buildings and Projects and LDC section 4.02.27. a. Agricultural Services (0723). b. Wholesale Trade (5148). C. Aaricultural Outdoor Sales. 3. Dimensional standards. a. Dimensional standards shall be as required for the C-5 zoning district except that the minimum floor area shall be 500 square feet of gross floor area for permitted principal agricultural structures. Buildina heiaht shall have a maximum heiaht of 50 feet. H. Building and site design standards specific to the Industrial Mixed Use Commercial Overlav Subdivision (IMCOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Building height shall be a maximum of 50 feet. Setback. A minimum 75-foot buildina setback is reauired for all development adjacent to residentially or agriculturally zoned properties. This setback may be reduced to 50 feet if a minimum six (6) foot tall decorative wall or fence, providing at least 80 percent, opacity is installed within the reduce setback, and the required 20-foot landscape buffer is located between the wall or fence and the adiacent residentiallv and/or agriculturally -zoned properties. 3. Landscaping and buffering_ a. A minimum 20-foot-wide veaetated landscape buffer shall be Drovided. This vegetated buffer shall be located adjacent to all property lines and shall contain, at a minimum, two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double hedge row at least 24 inches in height at time of planting and attaining a minimum of three (3) feet in height within one year. 76 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 397 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 b. Existing native trees must be retained within this 20-foot-wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained where possible, to aid in achieving this buffer requirement. C. Water retention/detention aeras shall be allowed in this buffer area if left in a natural state, and drainage conveyance thorough the buffer area shall be allowed if necessary to reach an external outfall. I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area Overlav District (IUAOD). 1. Purpose and intent. The Durpose of this section is to Drovide relief form the dimensional standards established in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay Subdistrict as established in LDC section 2.03.07 G.3.g. This section shall not apply to the replacement of mobile home units identified on lots established by an existing conditions site improvement plan. 2. Dimensional standards. Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD Design Standard Minimum lot requirements Single -wide units 2,400 square feet Double -wide units 3,500 square feet Minimum lot widths Single -wide units 35 feet Double -wide units 45 feet Minimum setback requirements Interior roads 10 feet Front yard 5 feet Side yard 8 feet Rear yard 20 feet Public Road fronts es Minimum separation between structures 10 feet Minimum floor area for replacement units 320 square feet 3. Dumpster/Enclosure. A dumpster or enclosure for individual containers is required in accordance with LDC section 5.03.04. No dumpster shall be located closer than 15 feet from any public street. 4. Private Roads. Private roads leadina to and servina the mobile home Dark or mobile home lots must be improved and maintained and shall consist of a dust - free surface with a minimum width of 20 feet. The dust free surface may consist of aggregate material treated with oil -based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right-of-way design -cross section, exclusive of the required 20 feet. Drainage shall be directed to a public 77 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 398 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted road via the private road and/or easement conveyance, unless it can be proved that the on -site percolation rates exceed the on -site retention requirement. J. Deviation Regulations (previously LDC section 2.03.07 G.7). Property owners within the Immokalee Urban Area Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. Review process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Hearing Examiner or Collier County Planning Commission (CCPC). This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 2. Concurrent deviation application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP, or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s) and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case -by -case basis. 3. Insubstantial deviation. Reauested deviations that do not exceed 10 Dercent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered: a. The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related LDC provisions: and b. The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space, landscaping pedestrian spaces, buffering or architectural features, in order to meet the intent of the reaulation beina diminished. 4. Substantial deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations. The Hearing Examiner or CCPC shall consider the following: a. Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request. 78 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 399 of 499 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted C. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on -site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Applicability — List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following LDC sections, unless otherwise noted. a. LDC section 2.03.01 Rural Agricultural District, limited to subsection A.1.b.4.ii. b. LDC section 2.03.03 Commercial Zoning Districts, limited to the following SI1hGP.C:tInnS' i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and ii. E.1.c.4.iv. C. LDC section 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv.. minimum lot area onlv. d. LDC section 3.05.07 B.1. Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: Table 1. Lot Design Requirements for Principal Uses in Base Zonina Districts. Table 2. Buildina Dimension Standards for PrinciDal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted, for new development, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area for new development, but deviations from these requirements may be considered in the case of redevelopment where existina structures and/or encroachments are proposed to remain; 79 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 400 of 499 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted iii. Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E, except building height. q. LDC section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards, except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. h. LDC section 4.02.03 B. Accessory Building Lot Coverage. LDC section 4.02.27 D. Specific Design Standards for the Immokalee— State Road 29A Commercial Overlay Subdistrict, Building Design Standards. j. LDC section 4.02.27 E. Same —Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overla Subdistrict. Dimensional Standards. I. LDC section 4.02.27 C. Same —Main Street Overlay Subdistrict, limited to the followina subsections: A.: CA: D.3 and DA: and E.1. E.2. and E.3. M. LDC section 4.05.04 G. (SDaces Reauired) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC Section 4.05.04 FA., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation. LDC section 4.02.27 BA. Buffer Reauirements (limited to reauired width except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot-wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. 80 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 401 of 499 DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 o. LDC section 4.02.27 BA.e. Landscaping Requirements for Vehicular Use Areas and Rights -of -Way, Standards for Landscaping in Vehicular Use Areas. P. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building Foundation Plantina Reauirements. LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building Design Standards. Deviations from non -dimensional provisions of this Section are also allowed as substantial deviations. S. LDC section 4.02.27 B.3. Desian Standards for SDecific Uses. Deviations from non -dimensional provisions of this section are also allowed as substantial deviations. t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site Design Standards, limited to subsections a, b, c. Deviations from non - dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. U. LDC section 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. 6. Public notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests, and shall be provided in accordance with the applicable provisions of section 10.03.05 B, for Variances. 7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning ADDeaIs Dursuant to section No. 250-58 of the Codes of Laws and Ordinances. 81 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 402 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I�.f_1MII Text underlined is new text to be added Text strket.hrough is G61rr9At text to be deleted 4.02.28 — Reserved SpeifiG Design Standards the knmekalee jeffersen Avenue ccmi�ve-:ri ii� weir �arc�Q CornmerGmal Overlay Subdistrict 82 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 403 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AI'AlIMII Text underlined is new text to be added Thxt strkethrough is Gurrent text to he deleted 4.02.29 — Reserved Specific Design Standards for the .mmokalee Farm Market Overly CuhGt 4.02.30 — Reserved Specific Design Stems fGF the Immokalee AgFibusiness QveFla Subdistrict 4.02.31 — Reserved SpeGift Design Standardsfor the Immekalee Central Buss Overlay SubdistricAt 83 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 404 of 499 A.T_l21 Text underlined is new text to be added T@xt strkethrough is Gurrent text to he deleted 2 A. Lets, paFGels, or uses whiGh have frontage on West Main Street (SR 29) or Forst Street 846) shall eomprise the primary areas. i ■ C are exempt from the minimum 6 parking requirements as set feFth in seetlen 00 exeept that existing uses sh i date of thms LDC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4.02.32 — Reserved Specific Dc$T.g TrSturWards fortheIrnmokalee—Main Street Overlay Sty 84 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 405 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I�.T_1*I 85 Text underlined is new text to be added Thxt strkethrough is Gurrent text to he deleted G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 406 of 499 DRAFT Text underlined is new text to be added DesignI and buffering provisions, requiring the sea! of a landseape architeet and shall also- 3 Gundelones for Commere'al buildings and Projeots, requiring the sea! of an 4 arehoteet.6.The monurnurn eemrneFGial design GFiteria, as set forth abeve, shall be- 5 appineable to projects with a total building square footage of less than or equal to ... square feet. 8 E. To enGewage -Fedevekepment, ;e fellewing landsc-ape—GFiteFia--shall apply le all 9 commeFewally zoned properties and these residential pFepertmes with peFmitted GeMrneF 10 11 buffering oriteria shall be appimeable to projects with a total building square foetage of le. . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4.02.33 - Reserved Cnei.ifii. Resign Standards for New Mobile Home Lots in the immoka tFmGt- 86 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 407 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 I�.f_1M1I Text underlined is new text to be added Text str kethrough is Gurrent text to he deleted # # # # # # # # # # # 5.03.02 - Fences and Walls, Excluding Sound Walls G. Supplemental Standards. Fences on sites with structures which are subject to LDC section 5.05.08 Architectural & Site Design Standards, except for residential properties located in the IUAOD, must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary fagade and shall be a minimum of 100 feet from a public right- of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence. Fences forward of the primary fagade, excluding chain link, wire mesh and wood are permitted under the following conditions: 87 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 408 of 499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material, color and design. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right- of-way or property line. b. Except when located in the IUAOD, Tthe fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight - obscuring screen within one year of planting. C. Residential properties within the IUAOD shall allow coated chain link fences (black or green) which shall not exceed four feet in height. 88 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 409 of 499 Exhibit A — List of LDC Amendments Ord. 1982-29 Ord. 1982-32 Ord. 1991-12 Ord. 1991-72 Ord. 1995-58 Ord. 1997-26 Ord. 1998-63 Ord. 2000-08 Ord. 2000-92 Ord. 2001-34 Ord. 2002-03 Ord. 2002-31 Ord. 2004-72 Ord. 2008-63 Ord. 2010-23 Ord. 2015-44 Ord. 2016-27 Ord. 2019-35 Ord. 2022-04 89 G:\LDC Amendments\Advisory Boards and Public Head ngs\CCPC\2025\03-06\Materials\PL20240004278 Immokalee Urban Area Overlay - LDCA (02-12-2025).docx Page 410 of 499 Collier County Planning Commission Role and Responsibilities ATTACHMENTS: Planning Commission Role and Responsibilities -Materials Collier County Advisory Boards in the Sunshine - CAO PowerPoint Presentation 3/6/2025 Item # 10.A ID# 2025-824 Page 411 of 499 Collier County Planning Commission Role and Responsibilities Page 412 of 499 DIVISION 20 - PLANNING COMMISSION See. 2-1156. - Establishment; Powers and Duties. There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof, C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission asset forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; J. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of LDC section 4.03.00; and Page 413 of 499 K. To sit as the County's Environmental Advisory Council and exercise all powers and duties under Ordinance 2009-32, as amended from time to time. See. 2-1157. - Membership. A. Qualifications. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. With respect to the five County Commission District members, although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission. 3. The two at -large environmental members are expected to provide the Planning Commission with technical expertise on environmental matters, and shall demonstrate evidence of expertise in 1 or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC, with a Board preference for one of these members with an expertise in biology and/or wildlife management, and the other with an expertise in water and/or hydrology. 4. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 5. A representative of the school district, appointed by the school board, shall serve as a non -voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase residential density 2 Page 414 of 499 B. Appointment. The Planning Commission shall be composed of 7 members to be appointed by the BCC, together with the representative of the school district. Of these seven members, there shall be one member from each of the five County Commission Districts, and two at -large environmental members. Planning Commission Candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two at large members can be nominated by any Commissioner, but must receive a four -fifths vote of the BCC for appointment or reappointment. C. Term. Terms of office of Planning Commission members shall be for not less than two nor more than four years and not more than a minority of such members' terms shall expire in any one year. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. No meetings of a Planning Commission shall be held when the membership is less than five. D. Removal from office. Any member of the Planning Commission may be removed from office by a four - fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. E. Officers. The membership of the Planning Commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for 1 year, with eligibilityfor reelection. See. 2-1158. - Quorum and Voting. The presence of 4 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 4 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCC. (Ord. No. 2009-29, § 1; Ord. No. 2013-50, § 1) Sec. 2-1159. - Rules of Procedure. 3 Page 415 of 499 (a) The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. (b) The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Sec. 2-1160. - Compensation. The members of the Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. See. 2-1161. - Meetings. (a) In order to provide convenience and promote public participation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at 1 of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC. (b) All meetings and hearings of the Planning Commission shall be open to the public. Sec. 2-1162. - Staff. • The community development services division shall be the professional staff of the Planning Commission. See. 2-1163. - Appeals. As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building 4 Page 416 of 499 code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Board of County Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final action by the Planning Commission and shall be noticed for hearing with the Board of County Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. Sec. 2-1164. - Repeal of Ordinance. Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as set out herein. Concurrent with the effective date of this Ordinance, Section 8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. 5 Page 417 of 499 Exhibit "A" Procedures for Presentations before the Collier County Board of Commissioners and as Applicable to the Collier County Planning Commission A. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the Board of County Commissioner's (Board) agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. I. Speaker Registration: Individuals wishing to speak to the Board under public comment at any regularly scheduled meeting of the Board of County Commissioners shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. II. Time Limits: a) Public Comment: 1. Maximum 5 minutes per speakef. B. Public Petitions: Public Petitions are limited to a single speaker. In general, the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Administrator may defer scheduling a public petition for a reasonable period of time in order to allow sufficient time for staff to review the content and thus prepare for questions from the Board. I. Registration: Individuals wishing to make a public petition to the Board of County Commissioners shall present such a request in writing to the County Administrator a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request shall include the name(s) and address(es) of all petitioners, including a primary contact name, address and telephone number, and shall state the nature of the petition, including any exhibits and/or back up material which may be pertinent to the petition. H. Time Limits: Maximum 10 minutes per speaker. C. Advertised Public Hearings: For procedural purposes, advertised public hearings fall into two categories: those which are quasi-judicial in nature; and other types of advertised public hearings, including those which are legislative in nature. I. Quasi -Judicial Public Hearings: a) Purpose and Intent: The Board has prepared these rules in an attempt to encourage public participation during quasi-judicial hearings in a manner consistent with the requirements of law. As part of that effort and within the confines of the law, the Board intends its hearings to be informal while recognizing the need for certain structure to maintain orderly hearings. Notwithstanding the procedures established by resolution, the Board may modify these procedures to effectuate the effective presentation of evidence. b) Applicability of these Procedures: (1) Quasi -Judicial Proceedings. These procedures apply to all quasi judicial proceedings heard by the Board and the CCPC regardless of the capacity in which the Board is sitting. Quasi -Judicial actions concern the implementation of policy, which has already been set, and affording the Board, and in some instances the CCPC, limited discretion in deciding whether to approve or deny a land use permit. These include land use actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include but are not limited to: site specific rezonings (provided they involve policy implementation); development of regional impact hearings; conditional use permits; variances; boat dock extension petitions; and administrative appeals. J (2) Legislative Proceedings. Utilization of these procedures by the Board or the CCPC when sitting in alegislative capacity does not change the character of the legislative proceeding nor does it confer any additional rights or remedies upon any person or party. C) Pre -Hearing Submittals: (1) Application. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2) Staff/Agency Recommendation. To the extent that the applicable procedure requires a staff review and written recommendation to be presented to the Board, such written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit any written arguments, evidence, explanations, studies, reports, petitions or other documentation to staff for intended consideration by the Board in support of or in oppos hon o the application. In order to be included in a Board or CCPC Agenda packet, any written arguments, evidence, explanations, studies, reports, petitions or other documentation must be submitted to the appropriate staff no later than three weeks prior to the scheduled hearing before the respective body. All written submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x 11-inch paper. No written materials will be accepted by the Board at its hearing unless, at t e Board's iscre on, accep nce is necessary to deci_e_I a issue. Written comments su mrtte s a l­be considered and entered into the record of the meeting in accordance with subsection C. I. d)(4) below. d) Public Hearings before the Board or the CCPC: (1) General. It is the expectation that the hearing will be informal. All members of the public who address the Board or the CCPC shall utilize the speaker's podium to allow their comments to be recorded. Each speaker shall state his or her name and address for the record. Additionally, speakers shall indicate whether they are speaking on behalf of themselves or others. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions and comments to be completed within the prescribed time limits: 1. Staff shall be responsible for presenting the case on behalf of Collier Bounty and shall limit their presentations to twenty (20) minutes. 2. The applicant shall present his or her entire case in twenty (20) minutes. 3. Expert witnesses shall be limited to ten (10) minutes each. 4. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 5. All other persons may speak for a maximum of five (5) minutes each. 6. No speaker may give his or her time to any other speaker. At the discretion of the Chairman the ti any speaker may be extended. (b) Registration of Speakers. Persons who desire to speak on an item ,l shall, prior to the item being called to be heard by the Chairman, register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. (2) Order and Subject of Appearance: To the extent possible, the following shall be the order of the proceeding: (a) Preliminary Statement. The Chairman shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure, which shall be followed. �( (b) Sworn Testimony. The applicant, staff, and all witnesses requesting to speak shall be collectively sworn. (c) Agreement with Staff s Recommendation. If the applicant or agent of the applicant agrees with staffs recommendation and wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to speak for or against the quasi-judicial agenda item, the Board may vote on the item based upon staff s presentation and the materials in the agenda back-up. (d) Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff plesentation, the Board may make inquiries of staff at this time.. An applicant or appellant may ask questions of, or seek clarification from, staff by request through the Chairman at the time that party makes its initial presentation to the Board. x (e) Applicant's Presentation. After staff presentation, the applicant(s) shall be allowed to make a presentation to the Board based on the time limitation guidelines outlined in the preceding subsection (d) (1) (a), above. During and after the applicants' presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from the applicant. The Board may also allow staff to comment, ask questions or seek clarification from the applicant(s) at this time. (f) Speakers. After Board and staff inquiry of the applicant, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection (d) (1) (a), above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. (g) Staff Response and Summary. The staff shall be allowed an opportunity for response to the presentations by the applicant, proponents and opponents and a summary with any changes in position after consideration of relevant public comment. Proponents and opponents who believe that the staff response includes errors of fact or law may ask for and may be allowed an opportunity to point out such errors of fact or law. (h) Applicant's Rebuttal Presentation. Applicant's rebuttal shall be allowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be allowed an opportunity for rebuttal. Rebuttal shall be limited to five (5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. 2. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. (i) Board and Staff Inquiry. After all presentations have been made as outlined above, the Board shall have a final opportunity to comment or ask questions. The Board may allow staff to respond to comments previously made at this time. (j) Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments, unless requested to do so by the Board. (k) Closing of Public Comment. In those matters on which public comment is heard by the Board, the Chairman shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant information is being presented. No additional public comments shall be allowed, except in specific response to questions by members of the Board. (3) Miscellaneous Items: (a) Continuing Record /Sneakers Qualifications. The Clerk to the Board ("Clerk') shall maintain a file with the most recent copies of resumes previously filed with the Clerk by county staff presenters. All other persons testifying on issues requiring educational, occupational and other experience who wish to be qualified as experts shall submit their qualifications in written form for the Board's approval to speak as expert witnesses. (b) Organizational or Group Speakers. Prior to presenting his/her case, any person representing an organization or other persons shall indicate, in writing, the organization or group he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. (c) Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any Board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the chairman's judgment are frivolous, unduly repetitive or out of order. (d) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official, or representative thereof, to appear and make presentations at any time with regard to matters under consideration. (e) Continued Public Hearings. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they can not be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such .persons shall waive the right to repeat or make substantially, the same presentation at any subsequent meeting on the same subject. This waiver shall not preclude such persons from making different presentations based on new information or from offering response to other persons' presentation, if otherwise allowable, at any subsequent meeting. (4) The Record (a) Automatically Included in the Record: The following documents shall automatically be included in the record of the hearing before the Board: (1) The record from any preliminary hearing, the agenda packet, the staff report, and the transcript of the hearing before the Board; (2) Written comments and documents previously entered into the record at a prior Board meeting on the particular matter. (b) Items Which Shall Be Placed in the Record: Any additional documents, exhibits, diagrams, petitions, letters or other materials presented in support of, or in opposition to, an item to be considered by the Board shall be entered into the record, as long as it was received by the Board's Clerk or the applicable Collier County department seven (7) days prior to the date of the hearing. 6 (c) Additional Evidence. Except pursuant to subsection C) (3) above, Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shall not become part of the record. (d) Custodian. The Clerk shall be the official custodian of the record. (e) Exhibits. Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits should not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. II. Other Public Hearings: The following rules apply to advertised public hearings othef than those which are quasi-judicial in nature, including those advertised public hearings which are legislative in nature. a) Pre -Hearing Submittals: (1) Application. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2) Staff/Agency Recommendation. To the extent that the applicable procedure requires a staff review andj written recommendation to be presented to the Board, that written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any written arguments, evidence, explanations, studies, reports, petitions or other documentation to staff for intended consideration by the Board. All written submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x 11-inch paper. b) Public Hearing: (1) General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons in the following status will prepare their discussions and continents to be completed within the prescribed time limits: Staff shall be responsible for summarizing the item for the Board and shall limit such presentation to a maximum of twenty (20) minutes. 2. For advertised public hearing items (other than those which are quasi-judicial in nature), where there is an applicant other than the Board of County Commissioners or staff, following the staff summary of the item the applicant will have an opportunity to make a maximum (10) minute presentation. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 4. All other persons may speak for a maximum of five (5) minutes each. No speaker may give his or her time to any other speaker. At the discretion of thr, Chairman, the time allowed for any speaker may be extended (b) Sneaker Registration. Persons, other than staff and the applicant (where applicable), wishing to speak on an advertised public hearing item shall, prior to the item being heard, register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. (2) Miscellaneous Items: (a) Organizational or Grout) Speakers. Prior to making his/her comments, any person representing an organization or other persons shall indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. (b) Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any Board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the chairman's judgment are frivolous, unduly repetitive or out of order. (c) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official or representative thereof, to appear and make presentations at any time with regard to matters under consideration. (d) Continued Public Hearings. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. D. Other Agenda Items Before the Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. Registration: Persons wishing to speak on agenda items other than advertised public hearing items, public comment on general topics and public petition items, shall register to speak on the form provided by the County prior to the item being called by the Chairman to be heard. II Time Limits: Where the Board has requested or otherwise authorized public input on agenda items other than public hearing, public comment on general topic, or public petitions items, speakers will be limited to a maximum of 5 minutes. 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