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DSAC-LDR Minutes 09/16/2025MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE MEETING Naples, Florida September 16, 2025 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee Land Development Review Subcommittee and Collier County, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION at the Growth Management Community Development Department Room #609/610 2800 N. Horseshoe Dr., Naples, Florida 34102 with the following members present: Chairman: Clay Brooker Blair Foley Jeff Curl - EXCUSED Mark McLean Robert Mulhere - EXCUSED The following County Staff were in attendance: Michael Bosi, Director, Planning and Zoning, GMCD Lisa Blacklidge, Manager, GMCD Michele Mosca, Planner III, GMCD Eric Johnson, LDC Planning Manager, GMCD Richard Henderlong, Planner III, GMCD Angela Galiano, Planner II, GMCD Heather Cartwright-Yilmaz, Management Analyst/Liaison, GMCD 1 Any person who decides to appeal a decision of This Board you 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, Neither Collier County nor This Board shall be responsible for providing this record. 1. CALL TO ORDER — Chairman Chairman- Clay Brooker Development Service Advisory Committee — Land Development Review Subcommittee, Tuesday, 16th September 2025 2. APPROVAL OF AGENDA Motion to hear Item B first. Mark McLean made the motion. Blair Foley Motion seconded Motion passed 3. Old Business None 4. New Business b. PL20250010243- Development Order Process and Timeframes — LDCA Richard Henderlong, Planner III, GMCD On June 24th, 2025, the governor approved Senate Bill 1080 which amended Statutes FS.125.022, FS.163.31801 and FS.166.033. That regulates the review and approval of land development permits and development order applications by local governments. The new Law Chapter 2025-177 will become effective on October 1', 2025. 1. The required processing starts with an acknowledgement of receipt within 5 days. 2. Application must be reviewed for completeness within 30 days 3. Non -quasi-judicial hearing applications must be approved or denied within 120 days. 4. Quasi-judicial applications within 180 days. 5. During a public meeting/hearing and applicant can request an extension in writing. Blair Foley- Based on my experience no applications that have been submitted have been acknowledged in 5 days. All the county has to do within 5 days is acknowledge receipt. Within 30 days it must be reviewed for completeness. Mark McLean- So then an application could sit without being reviewed and then rejected at 29 days Lisa Blacklidge- We are still going to try to process and review within the 5-day mark. Mark McLean- But it could happen Lisa Blacklidge- We are trying to improve timelines Mark McLean- These timelines don't designate between types of applications. Blair Foley- Under the 3rd submittal, in plans and plats, if we have a third submittal the county is great about getting in done. If there is a minor submittal, would we still have 2 reviewers or less, is that still applicable. Lisa Blacklidge- It is still applicable. 1st, 2nd and 3rd submittal is still intake. 2 Richard Henderlong- First- If an applicant makes a substantial change to 15% or more in density or the square footage of the parcel, it automatically resets the 120-180-day timeclock. Secondly, the statute requires the county to issue refunds as a percentage of the application fee in the event it fails to meet the review time. 1. 10 percent for failure to issue written notice of completeness or areas of deficiencies within 30 days after receiving the application submittal or request for additional information 2. 20 percent for failure to send written notice or areas of deficiencies within 10 days of the second request for information and the applicant submits required information within 30 days 3. 50 percent if the county fails to approve, approve with conditions, or deny the application within 30 days after conclusion of the 120-day or 180-day public hearing timeframe 4. 100 percent if the county fails to act after 30 days and the conclusion of the 120-day or 180-day timeframe 5. If the applicant and county agree to an extension of time, the delay is caused by the applicant or attributable to a force majeure, the county is not required to issue a refund. Clay Brooker -The language "the waiver of time limits is submitted" is used throughout this. Is the applicant releasing the county from its deadline to respond? Richard Henderlong- Yes. You are waiving the statutory time limits. Mark McLean- Once you put them on the statutory obligation to respond, when they kick something out you have 10 days to respond. By waiving yours, you are also waiving theirs. Lisa Blacklidge- That would only apply to intake. If you are under review the 10 days does not apply. 120-180 days start when you pay and go to review. Blair Foley- Will there be any communication with staff during this process Lisa Blacklidge- Yes. Development review, you will have the option when you submit. You will have the option when you get your correction letter and 15 days prior to the 120 mark. Clay Brooker- If I have a rezone that goes CCPC and BCC and I'm at 180 days, takes 30 days between CCPC and BCC, 45 days before CCPC, I am at 75 days off my 180 days. Is that the way it's really supposed to work. Lisa Blacklidge- Not sure why it did that. Mike Bosi- That is why we have talked about developing the waiver timeline. Mark McLean- The intent of this is to prevent municipalities from taking a year to permit something. What this is now, if you are not on your toes and you do not sign a waiver you can get pushed out with a denial. Richard Henderlong- This does take effect on 10/1/25 Clay Brooker- The state law says what it says. This mirrors it. I do not see the refund codifying anywhere. Admin code maybe? Mike Bosi- Its still applicable. It should be in admin code. Lisa Blacklidge- 120/180 days have been in code for years. Mark McLean- The intention is to speed the system up, but if you sign a waiver, it could actually slow everything down. If you sign the waiver the county has an open-ended timeframe to approve. Motion to approve to send to DSAC- Blair Foley- with the codification of the fees in the admin code. Motion seconded- Mark McLean Motion passed a. PL20240006969 - Rural Fringe Mixed Use District (RFMUD) Restudy — LDCA Eric Johnson, LDC Planning Manager, GMCD Will amend 3 different sections of the Land Development code. Section 20307, 20308 and 020601. In 1999 the State of Florida imposed a Final Order on Collier County to perform a 3 year Rural and Agricultural Assessment of the GMP: 1. Protect prime AG areas- prevent premature conversion to other land uses 2. Protect natural resources- water quality & quantity, listed species & their habitat 3. Discourage urban sprawl. Areas designated as "sending" are areas of higher quality habitat to direct growth away; "receiving" are areas where development is more suitable. Landowners in the sending areas can voluntarily use the program to obtain and sell their TDR credits to developers in the receiving areas. This LDC amendment adopts GMPA (Ord. 2023-25) LDC Changes 1. Increases the number of base TDR credits generated per acre/per non -conforming lot. 2. Changing the calculation of TDR Bonus Credits 3. Addition of Conservation TDR credits. 4. Addition of Belle Meade Hydrologic enhancement overlay provisions. 5. Changes to Environmental Restoration and Maintenance TDR bonus credit 6. Introduction of Business and Industrial Uses in the receiving lands with specific uses, development standards and locational criteria to be identified within the LDC 7. Revising the table of allowable uses for RFMUD receive lands -Outside Rural villages 8. Changes to Rural Village design and density bonus for low-income residential housing units. 9. Addition of Clustering provisions for RFMUD sending lands. 10. Introduction of neighborhood commercial uses with affordable housing projects with specific uses, design and development standards 11. Reduction of open space requirements for housing that is affordable projects. 12. Allowance of active recreation in the sending lands as conditional uses 13. Additional development standards and location criteria for housing the is affordable within the receiving lands. Mark Mclean- How do you transfer density from one area to another 0 Mike Bosi- You have to own the property. 4 TDR for 5 Acres. 2 for your first participation bonus. You have restoration and conveyance. Create development rights agreement. You take the TDR so they can be utilized. Using TDR, you can get that up to 1 unit per 5 Acres. Grouping TDR with another 5 acre parcel you can develop a subdivision with 1 unit per acre. Or you can take the credits and develop a village. Mark McLean- Why are we doing this here, who is this benefiting. Mike Bosi- These were determined in 1999-2000, The criteria was based on environmental data. Mark McLean- So the data that's created this is 25 years old. The traffic in these areas is already extremely bad. Clay Brooker- If you own land that is currently blue, (receiving lands) you're suggesting now that you take away the TDR possibility to that landowner, they are going to have something to say about it. Mike Bosi- Based on the previous 25 years of development, yes that's my suggestion. Clay Brooker- If I own a sending land in Belle Meade and I strip for credits, can I sell them to NW receiving land. Mike Bosi- Yes, there is no restriction on where a sending land credit can be spent at. Clay Brooker- If there are no receiving lands anywhere, then the program has come to a stall Lisa Blacklidge- There is no more NW receiving lands, but in the southern area there is still some areas. Mike Bosi- There is still land available in the Southern area. Lisa Blacklidge- North Belle Meade and Belle Meade there is a lot of acreage available. Blair Foley- What is the timing on this? There is a lot of information in this. Eric- We are aiming for a nighttime CCPC hearing in November. If you feel like you need more time to review, then take more time. Clay Brooker- We need Bob Mulhere to get his eyes on this. Blair Foley- Can we make a motion to continue to the next LDC meeting with Bob and Jeff present. Motion to Continue- Blair Foley Motion seconded- Mark McLean 5. Public Speakers No public speakers 6. REMINDERS OF UPCOMING DSAC-LDR SUBCOMMITTEE MEETING DATES DISCUSSION: a. Tuesday November 18, 2025 b. Tuesday December 16, 2025 7. ADJOURN Blair Foley- Motion to adjourn There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 4:09 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SLWOMMITTEE A�ruuker, Chairman �Cfl riZ rO These minutes were approved by e Committee/Chairman on (check one) as submitted or as amended \/ lcE «f,4f/L