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Agenda 03/28/2017 Item # 9A Proposed Agenda Changes Board of County Commissioners Meeting March 28,2017 Move Item 16E2 to Item 11F: Recommendation to approve a Resolution in support of achieving the status of Blue Zones employer from the Blue Zones Project of Southwest Florida. (Commissioner McDaniel's request) Continue Item 16G1 to the April 11,2017 BCC Meeting: Recommendation to approve staff's ranking of aviation service providers for vacant counter space at the Marco Island Executive Airport and direct staff to pursue a Collier County Airport Authority Standard Form Lease Agreement with Island Air Charters,Inc. (Staff's request) Note: Item 9A: LDC amendments: Section 6.05.01 relating to Water Management Requirements and Section 6.05.03 pertaining to Stormwater Plans are continued to the April 11th Board of County Commissioners Board meeting. The remaining amendments will be heard on today's agenda. Item 16A15: Administrative Code amendments: Section M,Stormwater Plan,of Chapter Four, Administrative Procedures of the Administrative Code for Land Development is continued to the April 11th Board of County Commissioners meeting. The remaining amendments will be heard on today's agenda. Time Certain Items: Item 9A to be heard at 9:45 a.m. 03/28/2017 EXECUTIVE SUMMARY Recommendation to consider an Ordinance 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, 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 2.03.06 Planned Unit Development Districts, Section 2.03.09 Open Space Zoning Districts, more specifically, to add uses to the list of permitted and conditional uses in the Golf Course (GC) Zoning District; Chapter Three - Resource Protection, including Section 3.05.07 Preservation Standards; Chapter Five - Supplemental Standards, adding Section 5.05.15 Conversion of Golf Courses; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.05.01 Water Management Requirements, adding Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to Agenda Items 16.A.3 and 16.A.15). OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed 2016 Land Development Code (LDC) Amendments Cycle 1 in order to serve the best interest of the public. CONSIDERATIONS: The 2016 Land Development Code Amendment Cycle 1 contains several amendments, including: a new section addressing the conversion of golf courses to other land uses; adding land uses to the Golf Course zoning district; and refocusing the section requiring stormwater plans for specific residential uses. Each amendment is discussed in detail below. Golf Course Conversion Amendments - LDC section 5.05.15 Golf Course Conversions The proposed section provides a framework for the conversion of constructed golf courses to a different land use. The new section aims to mitigate the impacts of conversions on residential property owners located around golf courses. This amendment follows Board direction on April 12, 2016, to implement a six month moratorium on golf course conversions in order to prepare an LDC amendment to address their concerns. The Board’s concerns included: the loss of open space areas in the County; retaining sufficient stormwater management for surrounding properties; potential for diminution of property values due to lost open space views; and to recognize the importance of the neighborhood’s input through the conversion process. To obtain sufficient time to prepare and publically vet the LDC amendment staff provided a report to the Board on September 27, 2016, demonstrating research on golf course conversions in the state of Florida thus far and a request to extend the moratorium an additional six months. On September 27, 2016, the Board approved a moratorium extension to April 11, 2017 (See Attachment 1, Exhibit G). Golf Courses are unique It is necessary to codify a specific golf course conversion process because golf courses are unique land uses. This uniqueness is due to a variety of reasons, one being residential property owners often purchased their homes with the expectation they will have a golf course view in perpetuity. Another reason is because golf courses are distinct from commercial zoning districts. Commercial zoning districts support a vast number of other uses allowed by right while conventionally zoned golf courses are limited to a golf course land use. In addition, golf courses are a local community asset. Golf courses provide neighborhoods with nearby social and recreational opportunities, business networking opportunities, and places for high school teams 03/28/2017 to play. Golf courses are also home to professional tournaments which bring players, teams, and spectators. Further, golf courses provide open space within the built environment and are often a cornerstone of social interaction for surrounding neighborhoods. Therefore, the proposed process aims to actively engage and address concerns from the surrounding residential property owners. Public outreach to obtain stakeholder input To ensure public awareness and input, the proposed conversion process requires two new forms of public outreach. First, applicants will host two advertised Stakeholder Outreach Meetings for “stakeholders” (property owners that live within 1,000 feet of the golf course). Second, applicants will generate a web - based visual survey to gauge stakeholders’ opinions on design elements (See Attachment 1, Exhibit H). The visual survey will be particularly helpful for stakeholders who are not able to provide their perspective at a meeting. The Stakeholder Outreach Meetings are designed to engage stakeholders early in the conversion project and facilitate open communication and feedback between the applicant and the stakeholders. These meetings are intended to inform the applicant as to what the stakeholders consider important and compatible with their neighborhood. Collaboration, interaction, and cooperation between all parties is encouraged. Similar to a Neighborhood Information Meeting, which is required for other land use petitions requiring public hearings, the Stakeholder Outreach Meetings will be recorded and commitments made by the applicant for the project will be included in subsequent reports. A County staff member will also be present. The conversion process requires the applicant to answer stakeholder questions and explain why stakeholders’ input was or was not incorporated into the proposed conceptual development plan. This will provide transparency to the conversion project. The Stakeholder Outreach Meeting will also serve to hold the stakeholders and applicant accountable for their manner of participation. Should consensus not be achieved and either party pursue litigation, the Stakeholder Outreach Meeting requirements may demonstrate that one or more of the parties was uncooperative or unreasonable. Addressing compatibility with open space views To provide compatibility between existing residential land uses and the proposed development, the proposed standards require a 75 to 100 foot wide greenway to be contiguous to the surrounding residential properties (See Attachment 1, Exhibit B). The greenway is defined as a continuous strip of land set aside for passive recreational uses, such as open space, nature trails, parks, playgrounds, golf courses, etc. The purpose of the greenway is to retain an open space view for stakeholders, support passive recreational uses, and support existing wildlife habitat. The greenway is intended to be located contiguous to existing residential properties to provide a buffer between these properties and the new development. An alternative greenway design may be used if presented to the stakeholders and appr oved by the Board. The alternative design is intended to allow for development in the instance the standard greenway would render the golf course undevelopable. For example, an alternative greenway design may be the consolidation of the greenway into one area of the development that is contiguous to the existing residential properties and developed as a park area. The greenway is intended to be a main point of discussion and collaboration at the Stakeholder Outreach Meetings. At the meetings, the stakeholders can share the recreational uses preferred in the greenway. For example, the greenway may consist of solely existing and planted vegetation, or stakeholders may support a walking path behind their properties. It is important to note the greenway will be owned by the applicant unless a different use and/or maintenance arrangement is created with another party. 03/28/2017 Golf course conversion process The proposed process includes a new application, titled Intent to Convert, which the applicant will complete prior to submitting a request to change the golf course to a non-golf course land use. The Intent to Convert application, among other things, prepares the applicant to hold the Stakeholder Outreach Meetings. Table 1 below depicts the general steps required prior to requesting a change in land use. Table 1 Overview of Golf Course Conversion Process Step 1 Applicant attends a pre-application meeting with the County. Step 2 Applicant submits an Intent to Convert application to the County. Step 3 Intent to Convert application is reviewed by staff; applicant can proceed with public notice once the application is deemed satisfactory by staff. Public notice includes: signage and mailers to property owners within 1,000 feet regarding potential conversion. Step 4 Applicant publically notices and hosts two Stakeholder Outreach Meetings; applicant engages stakeholders to provide input through public outreach methods. Step 5 Applicant submits Stakeholder Outreach Meeting Report to the County. Report includes questions and input from the stakeholders. Step 6 Intent to Convert application is approved. Applicant may then request a change in land use through a rezone, PUD/PUDA, Stewardship Receiving Area Amendment or compatibility design review, as applicable, collectively referred to as “conversion applications.” Step 7 Applicant proceeds with golf course conversion application which is reviewed by staff and Planning Commission and a final decision is made by the Board. Compatibility design review In instances where a golf course property has additional land uses allowed by right, such as a residential use, it is proposed that the project design be approved by the Board. The goal of this process is to ensure the project is planned and developed in a manner that is compatible with the existing land uses. The Planning Commission will review and provide a recommendation to the Board. It is important to note the applicant will be required to submit an Intent to Convert application and provide public outreach through the Stakeholder Outreach Meetings and the visual survey. Adding Land Uses to the Golf Course Zoning District - LDC section 2.03.09 Open Space Zoning Districts Currently, only golf courses and related accessory and conditional uses are allowed in the Golf Course zoning district. It is proposed that additional passive recreational land uses are added to the list of permitted and conditional uses in the zoning district to allow for greater flexibility. In addition, the new uses provide awareness to property owners who live around the golf course that it may be redeveloped to a different recreational use or through the conditional use process. Stormwater Plan Amendment - LDC section 6.05.01 Water Management Requirements This section establishes maximum lot coverage and impervious areas to address impacts associated with stormwater runoff flowing onto neighboring properties. However, staff has found that the current standards do not adequately protect against the possibility for stormwater impacts. Moreover, in 2013, the Development Services Advisory Committee reviewed the stormwater plan requirements in this section and determined that the maximum lot coverage and impervious areas are disproportionately limiting on Estates lots and recommended an LDC amendment reevaluate the lot coverage and impervious area thresholds. This amendment removes the maximum lot coverage, establishes two types of stormwater plans, and expands the requirement for a stormwater plan to all new buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and duplexes (with some exceptions). Type I stormwater plans, require applicants demonstrate where stormwater is intended to flow, while Type II stormwater plans require an engineered plan similar to those required by the current code. Furthermore, the 03/28/2017 impervious area thresholds for engineered plans have been modified to reduce the number of lots required to provide an engineered plan. Administrative Code for Land Development Sections Several proposed Administrative Code for Land Development sections are included as exhibits to the respective LDC amendments for informational purposes. These sections include application and notice requirements relating to these LDC amendments. The Administrative Code sections will be presented to the Board for approval on March 28, 2017. Timeline for Adoption of LDC Amendments This LDC amendment cycle includes a change that amends the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Pursuant to LDC section 10.03.06 K, this amendment requires two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote the Board elects to conduct the hearing at another time of day. On January 24, 2017 the Board elected to fulfill the nighttime hearing requirement on March 14, 2017 at 5:05 p.m. This is the second and final required advertised hearing for the LDC amendments. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the LDC amendments on December 15, 2016, January 5, 2017, January 19, 2017, and January 30, 2017. The Planning Commission unanimously approved the LDC amendments during a special nighttime hearing on January 30, 2017. Please note that several non-substantive changes have been made to the LDC amendments after the Planning Commission’s approval to address consistency. In addition, there was a change to Section 10.03.06 W. relating to the timing of notice for the Intent to Convert Application. The language presented to the CCPC stated that mailed notice and posting of a sign was to occur after the Intent to Convert application has been "approved." However, the language has been revised to state that mailed notice and posting of a sign is to occur after the Intent to Convert application has been "reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings." The change was made in order to provide clarity regarding the timing of the notice requirements. An additional change was made to correct a typo in proposed LDC section 5.05.15 G.6 after the March 14, 2017, Board meeting. This correction ensures that soil and groundwater sampling tests include all listed chemicals. FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. - SAS GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. RECOMMENDATION: That the Board approve the proposed ordinance for the 2016 Land Development Code Amendments Cycle 1 and direct staff as to any changes. Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review Division ATTACHMENT(S) 1. [Linked] Complete LDC Amendment Packet (PDF) 2. 2016-1 Draft ordinance 3.15.17 (PDF) 3. Legal Ad - Agenda ID 2780 (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 2780 Item Summary: ***This item to be heard at 9:45 a.m.*** Recommendation to consider an Ordinance 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, 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 2.03.06 Planned Unit Development Districts, section 2.03.09 Open Space Zoning Districts, more specifically, to add uses to the list of permitted and conditional uses in the Golf Course (GC) Zoning District; Chapter Three - Resource Protection, including section 3.05.07 Preservation Standards; Chapter Five - Supplemental Standards, adding section 5.05.15 Conversion of Golf Courses; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including section 6.05.01 Water Management Requirements, adding section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes; Chapter Ten - Application, Review, and Decision-Making Procedures, including section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to Agenda Items 16.A.3 and 16.A.15). Meeting Date: 03/28/2017 Prepared by: Title: Planner, Senior – Growth Management Development Review Name: Jeremy Frantz 02/22/2017 4:43 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 02/22/2017 4:43 PM Approved By: Review: Growth Management Development Review Caroline Cilek Additional Reviewer Completed 02/22/2017 4:56 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 02/22/2017 4:59 PM Growth Management Department Matthew McLean Additional Reviewer Completed 02/24/2017 7:42 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/27/2017 9:40 AM Growth Management Department James French Additional Reviewer Completed 03/02/2017 6:28 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/07/2017 4:46 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/08/2017 8:46 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/09/2017 4:56 PM 03/28/2017 Budget and Management Office Mark Isackson Additional Reviewer Completed 03/16/2017 8:26 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:01 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM 1 2016 Land Development Code Amendment Cycle Board of County Commissioners Meeting Tuesday, March 28, 2017 Page 1 Table of Contents LDC Section LDC Amendment Description Page Summary Sheet 3 Golf Course Conversions LDC section 2.03.09 This amendment establishes certain compatible recreational uses as permitted or conditional uses within the Golf Course zoning district. 6 LDC sections 2.03.06, 3.05.07, 5.05.15 & 10.03.06 This amendment introduces a new LDC section to address the conversion of golf courses to non-golf uses. The amendment establishes a new public outreach process and design standards for the proposed development to provide compatibility with existing residential uses. 9 Exhibit A Collier County golf courses map 27 Exhibit B Proposed 100 ft greenway maps 28 Exhibit C Open space views and property value analysis 38 Exhibit D Research on Florida communities approving and denying golf course conversions 41 Exhibit E Proposed Administrative Code amendments 44 Exhibit F Flowchart for LDC section 5.05.15 Golf Course Conversions 62 Exhibit G 16.A.22 Executive summary requesting moratorium extension and research paper 63 Exhibit H Example web-based visual survey 73 Exhibit I Public comments 77 Stormwater Plans LDC sections 6.05.01 & 6.05.03 This amendment expands the requirement for a stormwater plan to all new buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and duplexes (with some exceptions). The amendment also modifies the design requirements for stormwater plans. 78 Exhibit A Proposed Administrative Code amendments 94 Exhibit B Public Comments 96 Page 2 2016 Cycle LDC Amendments Summary Sheet with Advisory Board and Board Recommendations Page 1 of 3 LDC Section(s) Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation September 12, September 19 October 19 November 3, 16, & 29 December 19 DSAC Recommendation December 7 January 4 CCPC Recommendation December 15 January 5, 19, 30 February 16 Board Directed Amendments Origin: Board of County Commissioners Author: Growth Management Staff Sections: 2.03.06 Planned Unit Development Standards, 3.05.07 Preservation Standards, 5.05.15 Conversion of Golf Courses (New Section), 10.03.06 … This amendment introduces a new LDC section to address the conversion of golf courses to non- golf uses. The amendment establishes a new public outreach process and design standards for the proposed development to provide compatibility with existing residential uses. The subcommittee reviewed the proposed amendment on November 3, November 16, November 29, and December 7, 2016. Voting unanimously in opposition to the proposed LDC amendment, the Subcommittee stated a fundamental objection to the imposition on property rights, that the current rezone process is sufficient for golf course conversion, and opposes the over-reach of the government and onerous process established in this amendment. However, if the amendment moves forward, the Subcommittee provided the following comments: The standard rezone process is sufficient for the conversion of golf courses. It is not necessary to require additional procedures or design standards. The requirement to send mailers and engage stakeholders within 1,000 feet is not necessary. The 500 foot requirement/1,000 foot requirement established in the Administrative Code is sufficient. Objects to the requiring an ownership encumbrance report from the applicant because the County does not and cannot enforce private property restrictions. There is no need or benefit to requiring financial information from a property owner. It is within a property owners rights to develop his property without the government oversight of financial records or consideration. There should be more flexibility with the design of the greenway. Logistically it may be very difficult to garner sufficient support from the stakeholders to get an alternative greenway approved by the Board. The Committee supported the recommendation of the DSAC-LDR Subcommittee on December 7, 2016 and January 4, 2017. No changes, approved unanimously on January 30, 2017. Page 3 2016 Cycle LDC Amendments Summary Sheet with Advisory Board and Board Recommendations Page 2 of 3 LDC Section(s) Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation September 12, September 19 October 19 November 3, 16, & 29 December 19 DSAC Recommendation December 7 January 4 CCPC Recommendation December 15 January 5, 19, 30 February 16 Consider allowing a mailing instead of the NIM requirement during the rezone or PUDA requirement. The mailing would inform the stakeholders of any changes to the project and send them to a website where they could access materials for the rezone or PUDA. Opposes the contemplation in the proposed text and findings that existing property owners that surround the golf course may be able to use (e.g. walk, run, play) on the greenway because it is not land they own or have a right to use currently. Origin: Board of County Commissioners Author: Growth Management Staff Section: 2.03.09 Open Space Zoning Districts - Golf Course and Recreational Use District “GC”. This amendment establishes certain compatible recreational uses as permitted or conditional uses within the Golf Course zoning district. No changes, approved unanimously on December 19, 2016.No changes, approved unanimously on January 4, 2017. No changes, approved unanimously on January 30, 2017. Page 4 2016 Cycle LDC Amendments Summary Sheet with Advisory Board and Board Recommendations Page 3 of 3 LDC Section(s) Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation September 12, September 19 October 19 November 3, 16, & 29 December 19 DSAC Recommendation December 7 January 4 CCPC Recommendation December 15 January 5, 19, 30 February 16 Requested by the Growth Management Department Origin: Growth Management Department Author: Growth Management Staff Sections: 6.05.01 Water Management Requirements, 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes (New Section) This amendment expands the requirement for a stormwater plan to all new buildings, additions, or redevelopment of single-family dwellings, two- family dwellings, and duplexes (with some exceptions). The amendment also modifies the design requirements for stormwater plans. No changes, approved unanimously on November 29, 2016.No changes, approved unanimously on December 7, 2016. Reviewed on December 15, 2016, and approved unanimously with no changes on January 30, 2017. Page 5 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\BCC\3-14-17 Meeting\2016 Cycle Amendments\Final Packet\2 2 03 09 Open Space Zoning Districts- Golf Course 3-1-17 (For BCC 3-14-17).docx LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 2.03.09 Open Space Zoning Districts CHANGE: This amendment expands the list of permitted and conditional uses within LDC section 2.03.09 A Golf Course (GC) zoning district to include low intensity recreational uses as permitted or conditional uses. To reflect the addition of recreational uses, the district is renamed the “Golf Course and Recreational Use District.” REASON: This amendment follows Board direction on April 12, 2016, to pursue an LDC amendment to allow for additional compatible uses in the GC zoning district. The Board discussed several issues and concerns related to golf course conversions which are addressed in the companion LDC amendment adding LDC section 5.05.15 Conversion of Golf Courses. Currently, the only permitted use in the GC district is a golf course. The proposed permitted and conditional uses include several open space uses that are, on occasion, already provided on golf courses in Collier County and are also permitted in the Conservation and Rural Fringe Mixed-Use zoning districts. Research was conducted to identify additional non-golf course recreational uses that are allowed by other communities in Florida. The proposed uses are consistent with the low intensity recreational uses allowed in these communities. The proposed uses are intended to be compatible with residential uses as many golf course are surrounded by single-family and multi-family homes. Further, the amendment requires all uses to comply with the design standards in LDC section 5.05.15 H for lighting and setbacks, however, they will not be required to comply with the additional procedural requirements established in other provisions in LDC section 5.05.15. The proposed changes also provide awareness to property owners that surround a GC zoned golf course that it may be redeveloped to a non-golf course recreational use by right or through a conditional use process. In addition, the proposed uses provide a golf course property owner additional uses should a conversion prove nonviable. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: No changes, approved unanimously on December 19, 2016. DSAC RECOMMENDATION: No changes, approved unanimously on January 4, 2017. Page 6 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 2 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\BCC\3-14-17 Meeting\2016 Cycle Amendments\Final Packet\2 2 03 09 Open Space Zoning Districts- Golf Course 3-1-17 (For BCC 3-14-17).docx PLANNING COMMISSION RECOMMENDATION: No changes, approved unanimously on January 30, 2017. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: Proposed LDC section 5.05.15 Golf Course Conversions GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 2.03.09 Open Space Zoning Districts 2 A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district 3 is to provide lands for golf courses, recreational uses, and normal accessory uses to 4 golf courses, including certain uses of a commercial nature. Recreational uses should be 5 compatible in scale and manner with residential land uses. The GC district shall be in 6 accordance with the urban mixed use district and the agricultural/rural mixed use district 7 of the future land use element of the Collier County GMP. All uses shall be subject to 8 design standards established in LDC section 5.05.15 H, and other applicable LDC 9 standards. 10 1. The following subsections identify the uses that are permissible by right and the 11 uses that are allowable as accessory or conditional uses in the GC district. 12 a. Permitted uses. 13 1. Golf courses. 14 2. Hiking trails, walkways, multi-use paths and observation decks. 15 3. Passive recreation areas. 16 4. Disc golf. 17 b. Accessory U uses. 18 1. Uses and structures that are accessory and incidental to uses 19 permitted as of right in the GC district. 20 2. Recreational facilities that serve as an integral part of a golf 21 course the permitted use, including but not limited to: clubhouse, 22 community center building, practice driving range, shuffleboard 23 courts, swimming pools and tennis facilities, snack shops and 24 restrooms. 25 3. Pro shops with equipment sales, no greater than 1,000 square 26 feet, associated with a golf course. 27 4. Restaurants, associated with a golf course, with a seating 28 capacity of 150 seats or less provided that the hours of operation 29 are no later than 10:00 p.m. 30 5. A maximum of two residential dwellings units for use by golf 31 course employees in conjunction with the operation of the golf 32 course. 33 6. Golf mMaintenance buildings. 34 Page 7 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 3 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\BCC\3-14-17 Meeting\2016 Cycle Amendments\Final Packet\2 2 03 09 Open Space Zoning Districts- Golf Course 3-1-17 (For BCC 3-14-17).docx c. Conditional uses. The following uses are permissible as conditional uses in 1 the GC district, subject to the standards and provisions established in LDC 2 section 10.08.00. 3 1. Commercial establishments oriented to the golf course permitted 4 uses of the district including gift shops; pro shops with equipment 5 sales in excess of 1,000 square feet; restaurants with seating 6 capacity of greater than 150 seats; cocktail lounges, and similar 7 uses, primarily intended to serve patrons of the golf course. 8 2. Cemeteries and memorial gardens. 9 3. Equestrian facilities, including any trails, no closer than 500 feet to 10 residential uses. 11 4. Museums. 12 5. Water related activities, including non-motorized boating, boat 13 ramps, docks, and fishing piers. 14 6. Courts, including bocce ball, basketball, handball, pickle ball, 15 tennis, and racquetball. 16 7. Neighborhood fitness and community centers. 17 8. Parks and playgrounds. 18 9. Pools, indoor or outdoor. 19 10. Botanical gardens. 20 11. Any other recreational use which is compatible in nature with the 21 foregoing uses as determined by the Hearing Examiner or Board 22 of Zoning Appeals, as applicable. 23 # # # # # # # # # # # # # 24 25 Page 8 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department DEPARTMENT: Development Review Division AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 2.03.06 Planned Unit Development Districts 3.05.07 Preservation Standards 5.05.15 Conversion of Golf Courses (new section) 10.03.06 Public Notice and Required Hearings for Land Use Petitions CHANGE: This amendment introduces a new section in the LDC to assess and mitigate the conversion of golf courses to a non-golf course use. LDC section 5.05.15 Conversion of Golf Courses contains two main elements. First, it requires the applicant to conduct public outreach to property owners within 1,000 feet of the golf course prior to submitting a conversion application to the County. The public outreach requirement, identified as Stakeholder Outreach Meetings, is intended to engage the property owners, hereafter referred to as “stakeholders,” to cultivate consensus on the proposed development. Second, the section presents several design standards for the proposed development to support compatibility with the existing residential uses. The proposed standards take into account the large number and wide variety of golf courses in the County. See Tables 1-3 below for an overview of golf course statistics in the County. For the purpose of this LDC amendment staff did not include the golf courses located in the City of Naples or the City of Marco Island because they would not be subject to the County’s conversion procedures. Some of the golf courses in the County are standalone facilities while others were developed as part of a residential project. Due to the large number and ranges in size, there is not a one-size- fits-all solution to development standards to address golf course conversion. Therefore, the stakeholder outreach process is integral to addressing the specific needs of the existing residential property owners surrounding the golf course, and allows the applicant to vet alternative designs prior to submitting a land use petition. Ultimately, the combination of design standards and community outreach is intended to provide compatibility for existing residential stakeholders regardless of the golf course layout. Three Administrative Code for Land Development sections will be prepared to support this new LDC section. Two of the Administrative Code sections will provide submittal requirements for new applications introduced in this section and the third section will provide standards and notice requirements for the Stakeholder Outreach Meetings. In addition, LDC section 2.03.09 Open Space Zoning Districts will be amended to introduce additional uses to the golf course zoning district, LDC section 3.05.07 will be amended to reflect the allowance for created preserves over Page 9 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 2 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx ½ acre for golf course conversions, and LDC section 10.03.06 regarding public notices will be updated to reflect new LDC section 5.05.15 notice requirements established by this amendment. Table 1 Number of Golf Courses by Golf Holes in Collier County Number of Courses Number of Holes on the Golf Course 2 9 52 18 5 27 10 36 Total number of courses 69 Note: The number of golf holes were identified by accessing golf club websites, GIS aerials, and by telephone conversation with the golf club administrative offices. Table 2 Golf Courses by Zoning District in Collier County Zoning District Number of Golf Courses Golf Course (GC) 9 Golf Course (GC) / RMF-6/ RMF-16 1 Golf Course (GC) / RSF-3 1 PUD 47 RFMUD-PUD 3 RFMUD-A 1 RFMUD-A-CU 4 A-MHOI-RLSAO 1 RMF-16 1 PUD-RFMUD 1 Total 69 Note: Golf courses zoning was confirmed using GIS aerials provided by the Collier County Property Appraiser and reviewing the County zoning maps. Golf courses zoned PUD were further verified by reviewing individual PUD ordinances. Table 3 Type of Courses by Acreage and Number in Collier County Acreage Range Type Number of Golf Courses 10-50 Par 3 - Driving Range 6 50-99 Executive 4 100-220 Championship or Regulation 40 240 or greater 19 Total 69 Note: Utilized golf course acreage totals to determine golf course types as described in: Muirhead, D. & Rando G. (1994) Golf Course Development and Real Estate. Urban Land Institute. Page 10 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 3 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx It is important to note two caveats regarding the establishment of this LDC Amendment for the conversion of golf courses. First, the adoption and codification of LDC provisions for golf course conversion shall not imply that a golf course will receive approval from the Board to convert to a different use. Second, the proposed framework is a method to support community involvement and consensus building. However, the public participation and hearing processes will only provide steps to build consensus; the individual parties will dictate whether consensus may be achieved. REASON: Board direction This amendment follows Board direction on April 12, 2016, to pursue an LDC amendment to address golf course conversion to other land uses. The Board discussed the following issues and concerns related to the existing residential property owners who live around a golf course (meeting minutes, pgs. 85-97):  The Growth Management Plan supports preserving open space areas and the loss of open space would negatively impact the community.  Open space can provide stormwater management for surrounding communities.  Property owners who purchased homes with a golf course view had an expectation the view was worth a monetary value and paid a premium price for their homes. They also experienced higher taxes compared to a home without a golf course view.  There will be a diminution of property values for homes located around the golf course if the green space is lost.  Providing more uses in the golf course zoning district that are compatible by right may mitigate the need to convert golf courses in the future.  Allowing for additional compatible uses in the golf course zoning district would inform future property owners with a golf course view that other uses are allowed, not just a golf course.  Require the property owner of the golf course to demonstrate the use is no l onger economically viable as a golf course.  Importance of involving the neighborhood in the conversion process.  Legal encumbrances on golf courses should be identified. In addition, it is important to note that golf courses are a local community asset. Golf courses provide neighborhoods with nearby social and recreational opportunities, business networking opportunities, and places for high school teams to play, as well as bringing visitors to the county for professional tournaments. Further, golf courses provide open space within the built environment and are often a cornerstone of social interaction for surrounding neighborhoods. Following the April 12, 2016, meeting, the Board instituted a six month moratorium on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use. On September 27, 2016, the moratorium was extended to April 11, 2017, to provide additional time to prepare and publically vet the proposed amendments. With the extension request staff presented research that had been conducted on golf course conversion across the state of Florida and the nation. The proposed amendment implements the Page 11 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 4 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx concepts that were presented in the research paper. To review the research paper discussion points, please visit www.colliergov.net/currentldcas. The research on golf course conversions in Florida and the nation provided insight into what land use and planning principles supported the approval of a conversion project by a local jurisdiction. Staff found the projects that received approval had two overarching themes: some level of stakeholder participation and the developer maintaining an open space view for the existing residential property owners. The proposed amendment focuses on these two concepts. Purpose and intent of the golf course conversion section The purpose and intent of this amendment is to “assess and mitigate the impact of golf course conversion on real property by requiring outreach with stakeholders during the design phase of the conversion project and specific development standards to ensure compatibility with the existing land uses.” As discussed by the Board, the intention of the new requirement is to address concerns stemming from residential property owners purchasing a home along a golf course with the anticipation that the golf course would remain in perpetuity. Further, homes along golf courses are often purchased at a premium price due to the views from the house of the golf course. Moreover, many property owners may have purchased homes with the anticipation their real estate value would rise over time with open space view. Applicability of the golf course conversion standards The LDC amendment will apply to three scenarios, explained below. However, the golf course conversion section will not apply to courses repurposed for a different use listed in the permitted, accessory, or conditional uses in the Golf Course zoning district. LDC section 2.03.09 is also proposed to be amended to allow for other similar open space uses, such as hiking trails, walkways, and disc golf facilities. More intense uses, such as cemeteries and memorial gardens, museums, and ball courts (bocce ball, basketball, handball, pickle ball, tennis and racquetball) are proposed as conditional uses. Approval of Land Uses 1. A golf course located in any zoning district and where the property owner wants to convert to a non-golf course use that is not currently permitted, accessory, or conditional in the zoning district or tract. a. Example: A golf course is located in a PUD tract established for only a golf course, however, the property owner wants to build a residential development. In this case, the property owner would proceed with the conversion process and a PUDA. 2. A golf course within a Stewardship Receiving Area and where the property owner wants to convert to a use that is not currently permitted, accessory or conditional in a context zone (generally speaking a context zone is a zoning district in a Stewardship Receiving Area. See LDC section 4.08.07 J.2 d for a description). a. Example: A golf course is located in a Stewardship Receiving Area and the property owner seeks to build a commercial development, however, the Stewardship Receiving Area doesn’t allow this use. In this case, the property owner would need to proceed with a Stewardship Receiving Area Amendment. Page 12 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 5 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx Approval of compatibility measures 3. A golf course that allows for a non-golf course use by right and the property owner seeks to construct an allowed use. In this case, the design of the use would be reviewed for compatibility with the surrounding properties. a. Example: A golf course is zoned Rural Agricultural and the property owners seek to convert it to agricultural activities, e.g. livestock raising, then a Compatibility Design Review application would be required. The application process for golf course conversions The proposed conversion process is structured to occur before a traditional land use petition process. See Figure 1 for a graphic representation of the process. This way, the s takeholders and the applicant are engaged in conversation early in the design process and hopefully the main goals of the project are aligned between the two parties prior to a rezoning, PUDA, Stewardship Receiving Area Amendment, or a Compatibility Design Review application is submitted to the County. Figure 1 Intent to Convert The conversion process starts with the applicant requesting a pre-application meeting with County staff and submitting an Intent to Convert application to the County. After the Intent to Convert application is approved by County staff for the next step, the applicant sends out a mailed notice to the stakeholders informing them of the property owner’s intention to convert the golf course to a non-golf course use. The mailed notice will give stakeholders awareness that a community outreach program exists and to look for subsequent letters regarding meeting times and locations. Page 13 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 6 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx The following describe some of the key Intent to Convert application requirements:  A title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property. This will require due diligence on the part of the applicant prior to submitting the application.  The Developer’s Alternatives Statement, is designed to provide all parties the ability to consider alternatives for the golf course. At a minimum the following three alternatives must be considered: no conversion, County purchase, and a conceptual development plan. The three alternatives are not intended to be mutually exclusive; for example, all three alternatives could be part of a finalized development plan. The Developer’s Alternatives Statement plays an important role in allowing the property owner, the stakeholders, and the County to evaluate each option. It should be noted that it is entirely feasible that a golf course may be profitable and still pursue a non-golf course use because converting the golf course will enable it to achieve the highest and best use of the property for the property owner. The development standards that are introduced in this section are vital to creating a compatible development with existing residential developments surrounding the golf course. Ultimately, the Developer’s Alternatives Statement is designed to encourage communication, cooperation, and consensus building between the applicant, the stakeholders, and the County.  A general plan for the Stakeholder Outreach Meetings. The applicant will outline the public outreach methods that will be used to engage the stakeholders at the Stakeholder Outreach Meetings consistent with the Administrative Code for Land Development’s Stakeholder Outreach Meeting section. Further, an overview of a web-based survey will be required to be approved by staff. All of the application requirements will be listed in the Administrative Code for Land Development’s Intent to Convert and the Stakeholder Outreach Meeting sections. Stakeholder Outreach Meeting requirements Stakeholder Outreach Meetings, facilitated by the applicant, are intended to provide open communication and feedback between the applicant and the stakeholders about what the stakeholders consider important and compatible with their neighborhood. Collaboration, interaction, and cooperation between all parties is encouraged. The meetings will also hold the stakeholders and applicant accountable for their manner of participation. Should consensus not be achieved and either party pursue litigation, the Stakeholder Outreach Meeting requirements will be helpful in demonstrating that one or more of the parties was uncooperative or unreasonable. Similar to a traditional Neighborhood Information Meeting (NIM), the Stakeholder Outreach Meetings will be recorded and commitments made by the applicant for the project will be included in subsequent reports. A County staff member will also be present. Two Stakeholder Outreach Meetings are required so that the applicant is able to incorporate any feedback into the conceptual plans for the development. Page 14 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 7 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx The applicant is also required to provide a web-based visual survey to gage stakeholders’ opinions on design elements. The survey provides the opportunity for additional outreach people who may not be able to attend the meetings, such as seasonal residents. Following the Stakeholder Outreach Meetings, a report will be provided by the applicant to County staff. The report has the primary goal of identifying and answering questions and concerns from the stakeholders. It also supports a transparent process, benefiting the applicant and stakeholders – highlighting the importance of reasonable input by the stakeholders and reasonable incorporation of the input by the applicant into the conversion project. To do this, a point-counterpoint list, identifying the input from the stakeholders and identifying how and why reasonable input was or was not included in the conceptual plan will be helpful for the stakeholders, staff, and the decision makers so all understand the issues involved in the conversion project. Stakeholders will need to recognize it is important to support and participate in a collaborative process with the applicant. Should one development proposal not work out, there is a chance that another developer may pursue development of the golf course in the future and may not be as willing to compromise or be as collaborative as the initial development team. Stakeholders need to understand that land uses change over time and participating in the process will provide the best opportunity to be part of the outcome. Land Use Petitions Once the Stakeholder Outreach Meetings have been completed the applicant may proceed with a conversion application, such as a rezone, Planned Unit Development Amendment, Stewardship Receiving Area Amendment, or a Compatibility Design Review. Staff Report Consistent with current land use petition procedures, County staff will prepare a staff report for the Planning Commission, and the EAC as applicable, and the Board. In addition to existing requirements, the staff report will also address whether the applicant meets all the requirements in LDC section 5.05.15, whether the Stakeholder Outreach Meetings report and point-counterpoint list are accurate, and whether reasonable input from the stakeholders was included in the land use petition application. These additional criteria are designed to ensure consistency throughout the process. As such, the amendment requires that the Planning Commission and the Environmental Advisory Council, as applicable, consider the stakeholder engagement process and whether reasonable input was included in the proposed project. The provision calls special attention to the greenway design, as this is the most important compatibility measure introduced in the amendment. Additionally, attention should also be given to who can use the greenway as it is intended to provide passive recreational benefits and would be a great amenity for future residents of the converted golf course land. Compatibility Design Review The Compatibly Design Review process will be required when PUDs or other projects seek to use a non-golf course use that is already a permitted, accessory or conditional use for the district or tract. The review of compatibly measures is designed to address situations where, for example, the Page 15 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 8 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx permitted use was approved a long time ago and would be incompatible with residential development without appropriate measures in place. This process requires the procedural components of LDC section 5.05.15 and only the soil and groundwater testing standards established in LDC section 5.05.15 G.6 (e.g. no greenway or stormwater assessment required). The Compatibility Design Review process does not address the permitted land uses as they are already allowed by right. The approval process for a Compatibility Design Review application consists of a review and recommendation from the Planning Commission to the Board and final approval from the Board. Development standards for rezones, PUDA and Stewardship Receiving Area Amendments In addition to standard LDC development requirements, there are several new design standards introduced in this section. The design standards are supported by research from other jurisdictions that have also assessed the impacts from golf course conversions. The design requirements are not required for projects subject to the Compatibility Design Review as the uses have already been established as a permitted, accessory or conditional use and can suggest their own compatibility measures to mitigate any impacts to existing surrounding property owners. Open space The first design standard requires that golf course lands utilized to meet the minimum open space requirements for a prior project need to be either retained as open space and/or the plans updated to demonstrate an alternative method to meet the minimum open space requirement for the previously approved project. For example, if a PUD establishes that 20 acres of the golf course was used to meet the 60 percent minimum open space requirement for a residential PUD, then 20 acres of the golf course would need to remain open space or the PUD amended to reflect other open space lands are available to meet the minimum requirement. Greenway The second design standard is the introduction of a greenway. A greenway is a continuous strip of land that is set aside for passive recreational uses, including but not limited to: open space, nature trails, parks, playgrounds, golf courses, beaches, disc golf courses, exercise equipment and multi- use paths. The greenway is designed to be a buffer along the perimeter of the proposed development and adjacent to the existing residential properties that line the golf course. The goals of the greenway are to provide an open space view for stakeholders and support existing wildlife habitat. A general overview of the details includes requiring that a minimum of 35 percent of the conversion project be dedicated as a greenway, with an average minimum width of 100 feet (no less than 75 feet at any one point). Existing trees and understory are meant to be retained in the greenway, however, they can be removed to accommodate a multi-use path or the like. This is intended to promote retaining the existing trees and understory that are currently within the viewshed of existing residences. Further, a tree count is provided to support a shaded area in the greenway. Another provision addresses walls and fences. A wall or fence is not required between the two developments, however, if a wall is desired by either party it will need to accommodate the movement of wildlife b y providing habitat connectivity. Page 16 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 9 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx The greenway may also play an important role in providing stormwater management for the existing and/or new development and the proposed code section supports this concept. However, the greenway is not intended to be made up entirely of lake area and a percentage cap is established to prevent the greenway from becoming a series of large lakes. Additional preserve standards Standard preservation requirements pursuant to LDC section 3.05.07 will be required for any conversion project. Two additional provisions are introduced in the section to address existing native vegetation. The first takes into account conversion projects that have isolated areas of native vegetation that are less than ½ acre (including planted areas) which meet LDC section 3.05.07 A.1-2. Staff supports the ability for the applicant to combine these isolated areas into one larger preserve area. This provision allows the applicant to exceed the ½ acre limitation and recreate up to their preserve acreage requirement. The second provision addresses existing preserves and aims to retain all County approved preserves. Conventionally zoned golf courses may utilize the retained preserve to meet their preserve requirement because it is only connected to the golf course and not to any other use. However, golf courses within PUDs shall only be able to use preserve acreage in excess of the minimum preserve requirement and will likely be required to provide additional preserve acreage to support a new development. Stormwater and Floodplain compensation The provision also takes into account potential stormwater impacts. As discussed in prior reports provided to the Board, golf courses often provide stormwater management by design of the project or because over time they have provided that service to the neighboring land uses. The proposed standards would require a pre- versus post-development stormwater runoff analysis. The objective is to ensure that property owners that surround the golf course would not be adversely affected by additional stormwater runoff or the loss of existing stormwater management areas due to the conversion of the golf course. Further, floodplain compensation, a concept that requires offsetting any loss to flood storage capacity on a given project, may need to be addressed on a case-by-case basis. This may be particularly important if the golf course has flooded during past heavy rain events. Soil and/or Groundwater testing The LDC currently recognizes that golf courses apply chemicals to provide a level of service to customers and over time soil and/or groundwater may become polluted and needs to be mitigated prior to conversion. The proposed language closes a gap because the current standards do not address the full range of potentially harmful pollutants previously or currently used on golf courses, including petroleum products. Should any of the soil and groundwater sampling results exceed state standards, the County will notify the Department of Environmental Protection which oversees the mitigation requirements. Design standards for lands converted from a golf course The design standards are to be applied to any golf course that converts or to any non-golf course use listed in the golf course zoning district. There are two design requirements, lighting and setbacks, to apply. Page 17 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 10 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx The goal of the lighting requirement is to reduce light pollution, by requiring lighting to be directed away from neighboring properties and to require light fixtures to be shielded to prevent glare and light trespass. This is intended to benefit of the existing property owners, future property owners, and wildlife. For example, if walking paths with light poles were constructed in the greenway this provision would ensure there was no light pollution impacting the existing residential properties. Because new lighting can be a sensitive issue, it is proposed that lighting standards be vetted with stakeholders through the Stakeholder Outreach Meetings and public hearings. The goal of the setback requirement is to ensure there is sufficient distance between the proposed use and existing property owners around the golf course. For example, if a golf course was repurposed to a disc golf course a minimum average 50 foot setback would be required to provide a buffer between the two uses. In another example, if the golf course was converted to residential housing and an alternative design for the greenway was employed, there would still be a minimum average 50-foot setback applied to the new uses. It should be noted that any uses within the greenway are not subject to this setback requirement. Recreational uses such as playgrounds should be vetted with stakeholders through the Stakeholder Outreach Meetings and public hearings. DSAC-LDR SUBCOMMITEE RECOMMENDATIONS: The Subcommittee reviewed the proposed amendment on November 3rd, November 16th, November 29th, and December 7th. The Subcommittee stated a fundamental objection to the imposition on property rights, that the current rezone process is sufficient for golf course conversion, and opposes the over -reach of the government and onerous process established in this amendment. However, if the amendment moves forward, the Committee provided the following comments:  The standard rezone process is sufficient for the conversion of golf courses. It is not necessary to require additional procedures or design standards.  The requirement to send mailers and engage stakeholders within 1,000 feet is not necessary. The 500 foot requirement/1,000 foot requirement established in the Administrative Code is sufficient.  Objects to the requiring an ownership encumbrance report from the applicant because the County does not enforce or abide by civil restrictions.  There is no need or benefit to requiring financial information from a property owner. It is within a property owners rights to develop his property without the government oversight of financial records or consideration.  There should be more flexibility with the design of the greenway. Logistically it may be very difficult to garner sufficient support from the stakeholders to get an alternative greenway approved by the Board.  Consider allowing a mailing instead of the NIM requirement during the rezone or P UDA requirement. The mailing would inform the stakeholders of any changes to the project and send them to a website where they could access materials for the rezone or PUDA.  Opposes the contemplation in the proposed text and findings that existing property owners that surround the golf course may be able to use (e.g. walk, run, and play) on the greenway because it is not land they own or have a right to use currently. Page 18 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 11 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx DSAC RECOMMENDATIONS: The Committee supported the recommendation of the DSAC- LDR Subcommittee on December 7, 2016. PLANNING COMMISSION RECOMMENDATIONS: No changes, approved unanimously on January 30, 2017 FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: prepared by Caroline Cilek, December 1, 2016, December, 7, 2016. Revised January 11, 2017. Amend the LDC as follows: 1 2.03.06 Planned Unit Development Districts 2 * * * * * * * * * * * * * 3 H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the 4 process established in LDC section 5.05.15 prior to converting to another use. 5 # # # # # # # # # # # # # 6 7 3.05.07 Preservation Standards 8 * * * * * * * * * * * * * 9 H. Preserve standards. 10 1. Design standards. 11 * * * * * * * * * * * * * 12 e. Created preserves. Although the primary intent of GMP CCME Policy 13 6.1.1 is to retain and protect existing native vegetation, there are 14 situations where the application of the retention requirements of this 15 Policy is not possible. In these cases, creation or restoration of vegetation 16 to satisfy all or a portion of the native vegetation retention requirements 17 may be allowed. In keeping with the intent of this policy, the preservation 18 of native vegetation off site is preferable over creation of preserves. 19 Created Preserves shall be allowed for parcels that cannot reasonably 20 accommodate both the required on-site preserve area and the proposed 21 activity. 22 i. Applicability. Criteria for determining when a parcel cannot 23 reasonably accommodate both the required on-site preserve area 24 and the proposed activity include: 25 * * * * * * * * * * * * * 26 (e) When small isolated areas (of less than ½ acre in size) 27 of native vegetation exist on site. In cases where 28 retention of native vegetation results in small isolated 29 areas of ½ acre or less, preserves may be planted with all 30 three strata; using the criteria set forth in Created 31 Page 19 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 12 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx Preserves and shall be created adjacent existing native 1 vegetation areas on site or contiguous to preserves 2 on adjacent properties. This exception may be granted, 3 regardless of the size of the project. Created preserves 4 may exceed the ½ acre size limitation for golf course 5 conversion applications in accordance with LDC section 6 5.05.15. 7 # # # # # # # # # # # # # 8 9 5.05.15 Conversion of Golf Courses 10 11 A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of 12 golf course conversion on real property by requiring outreach with stakeholders during 13 the design phase of the conversion project and specific development standards to 14 ensure compatibility with the existing land uses. For the purposes of this section, 15 property owners within 1,000 feet of a golf course shall hereafter be referred to as 16 stakeholders. 17 1. Stakeholder outreach process. The intent is to provide a process to cultivate 18 consensus between the applicant and the stakeholders on the proposed 19 conversion. In particular, this section is designed to address the conversion of 20 golf courses surrounded, in whole or in part, by residential uses or lands zoned 21 residential. 22 2. Development standards. It is the intent of the specific development standards 23 contained herein to encourage the applicant to propose a conversion project 24 with land uses and amenities that are compatible and complementary to the 25 existing neighborhoods. Further, the applicant is encouraged to incorporate 26 reasonable input provided by stakeholders into the development proposal. 27 B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments, 28 and Compatibility Design Review petitions, hereafter collectively referred to as 29 “conversion applications,” shall be subject to LDC section 5.05.15. A conversion 30 application shall be required when an applicant seeks to change a constructed golf 31 course to a non-golf course use. However, where a permitted, accessory, or 32 conditional use is sought for a golf course zoned Golf Course and Recreational Use 33 (GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H. 34 1. Zoning actions. This section applies to a golf course constructed in any zoning 35 district where the proposed use is not a permitted, accessory, or conditional 36 use in the zoning district or tract for which a zoning change is sought. Zoning 37 actions seeking a PUD rezone shall be subject to the minimum area 38 requirements for PUDs established in LDC section 4.07.02; however, the 39 proposed PUD shall not be required to meet the contiguous acres requirement so 40 long as the PUD rezone does not include lands other than the constructed golf 41 course subject to the conversion application. 42 2. Stewardship Receiving Area Amendments. This section applies to a golf course 43 constructed on lands within a Stewardship Receiving Area where the proposed 44 use is not a permitted, accessory, or conditional use in the context zone for 45 which the change is sought. 46 3. Compatibility Design Review. This section applies to a golf course constructed 47 in any zoning district or designated as a Stewardship Receiving Area that utilize 48 a non-golf course use which is a permitted, accessory or conditional use within 49 the existing zoning district or designation. Conditional uses shall also require 50 conditional use approval subject to LDC section 10.08.00. 51 Page 20 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 13 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx C. Application process for conversion applications. 1 1. Intent to Convert application. The applicant shall submit an “Intent to Convert” 2 application to the County prior to submitting a conversion application. The 3 following is required of the applicant: 4 a. Application. The Administrative Code shall establish the procedure and 5 application submittal requirements, including: a title opinion or title 6 commitment that identifies the current owner of the property and all 7 encumbrances against the property; the Developer’s Alternatives 8 Statement, as provided for below; and the public outreach methods to be 9 used to engage stakeholders at the Stakeholder Outreach Meetings as 10 established below. 11 b. Public Notice. The applicant shall be responsible for meeting the 12 requirements of LDC section 10.03.06. 13 2. Developer’s Alternatives Statement requirements. The purpose of the 14 Developer’s Alternatives Statement (DAS) is to serve as a tool to inform 15 stakeholders and the County about the applicant’s development options and 16 intentions. It is intended to encourage communication, cooperation, and 17 consensus building between the applicant, the stakeholders, and the County. 18 b. Alternatives. The DAS shall be prepared by the applicant and shall 19 clearly identify the goals and objectives for the conversion project. The 20 DAS shall address, at a minimum, the three alternatives noted below. The 21 alternatives are not intended to be mutually exclusive; the conceptual 22 development plan described below may incorporate one or more of the 23 alternatives in the conversion project. 24 i. No conversion: The applicant shall examine opportunities to 25 retain all or part of the golf course. The following considerations 26 are to be assessed: 27 a) Whether any of the existing property owners’ 28 association(s) reasonably related to the golf course are 29 able to purchase all or part of the golf course; and 30 b) Whether any of the existing property owners’ 31 association(s) and/or any new association reasonably 32 related to the golf course can coordinate joint control for all 33 or part of the golf course. 34 ii. County purchase: The applicant shall coordinate with the County 35 to determine if there is interest to donate, purchase, or maintain a 36 portion or all of the property for a public use, such as a public 37 park, open space, civic use, or other public facilities. This section 38 shall not require the County to purchase any lands, nor shall this 39 require the property owner to donate or sell any land. 40 iii. Conceptual development plan: The applicant shall prepare one 41 or more proposed conceptual development plans, consistent with 42 the development standards established in LDC section 5.05.15 43 G, depicting the proposed conversion. The applicant shall share 44 the conceptual development plan with the stakeholders at the 45 Stakeholder Outreach Meetings as described below. The 46 conceptual development plan shall include a narrative describing 47 how the plan implements and is consistent with the goals and 48 objectives identified in the DAS. The conceptual development 49 plan shall depict the retained and proposed land uses, including 50 residential, non-residential, and preserve areas; existing and 51 Page 21 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 14 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx proposed roadway and pedestrian systems; existing and proposed 1 trees and landscaping; and the proposed location for the 2 greenway, including any passive recreational uses. The 3 narrative shall identify the intensity of the proposed land uses; 4 how the proposed conversion is compatible with the existing 5 surrounding land uses and any methods to provide benefits or 6 mitigate impacts to the stakeholders. Visual exhibits to describe 7 the conceptual development plan and amenities, including the 8 greenway, shall also be provided. 9 3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs 10 are intended to engage the stakeholders early in the conversion project and 11 inform the applicant as to what the stakeholders find important in the 12 neighborhood, what the stakeholders consider compatible with the neighborhood, 13 and what types of land uses they would support to be added to the 14 neighborhood. An assigned County planner shall attend the SOM and observe 15 the process. The following is required of the applicant: 16 a. The Administrative Code shall establish the procedure and application 17 submittal requirements. 18 b. The applicant shall conduct a minimum of two in-person SOMs and a 19 minimum of one web-based visual survey on the proposed conceptual 20 development plan(s). The web-based survey web address shall be 21 incorporated in the mailings notifying the stakeholders of the in-person 22 SOMs. 23 c. At the SOMs, the applicant shall provide information to the stakeholders 24 about the purpose of the meeting, including a presentation on the goals 25 and objectives of the conversion project, the conceptual development 26 plan, the greenway concept, and the measures taken to ensure 27 compatibility with the existing surrounding neighborhood. A copy of the 28 full Developer’s Alternative Statement shall also be made available at 29 each SOM. The applicant shall facilitate discussion on these topics with 30 the stakeholders using one or more public outreach method(s) identified 31 in the Administrative Code. 32 d. SOM report for conversion applications. After completing the SOMs the 33 applicant shall prepare a SOM report. The report shall include a list of 34 attendees, a description of the public outreach methods used, photos 35 from the meetings demonstrating the outreach process, results from 36 outreach methods, and copies of the materials used during the SOMs. 37 The applicant shall also include a point-counterpoint list, identifying input 38 from the stakeholders and how and why it was or was not incorporated in 39 the conversion application. The report shall be organized such that the 40 issues and ideas provided by the stakeholders are clearly labeled by the 41 applicant in the list and the conversion application. 42 4. Conversion application procedures. An applicant shall not submit a conversion 43 application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the 44 Intent to Convert application is deemed completed by County staff and the SOMs 45 are completed. Thereafter, the applicant may proceed by submitting a 46 conversion application with the County as follows: 47 a. Zoning actions. For projects subject to LDC section 5.05.15 B.1, the 48 applicant shall file a PUDA or rezone application, including the SOM 49 report. Deviations to LDC section 5.05.15 shall be prohibited; further, 50 Page 22 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 15 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx deviations to other sections of the LDC shall be shared with the 1 stakeholders at a SOM or NIM. 2 b. Stewardship Receiving Area Amendments. For projects subject to LDC 3 section 5.05.15 B.2, the applicant shall file a Stewardship Receiving 4 Area Amendment application, including the SOM report. Deviations to 5 LDC section 5.05.15 shall be prohibited; further, deviations to other 6 sections of the LDC shall be shared with the stakeholders at a SOM or 7 NIM. 8 c. Compatibility Design Review. For projects subject to LDC section 9 5.05.15 B.3, the applicant shall file a Compatibility Design Review 10 application, including the SOM report. 11 D. Criteria and staff report for conversion applications. In addition to the requirements 12 established in LDC sections 10.02.08, 10.02.13 B, or 4.08.07, as applicable, the staff 13 report shall evaluate the following: 14 1. Whether the applicant has met the requirements established in this section and 15 development standards in the LDC. In particular, that the proposed design and 16 use(s) of the greenway, as applicable, meet the purpose as described in LDC 17 section 5.05.15 G.2. 18 2. Whether the SOM report and point-counterpoint list described above reflect the 19 discussions that took place at the SOMs. 20 3. Whether the applicant incorporated reasonable input provided by the 21 stakeholders to address impacts of the golf course conversion on stakeholders’ 22 real property. 23 4. Whether the applicant provided an explanation as to why input from the 24 stakeholders was not incorporated into the conceptual development plan. 25 E. Supplemental review and approval considerations for zoning actions and Stewardship 26 Receiving Area Amendments. The report and recommendations of the Planning 27 Commission and Environmental Advisory Council, if applicable, to the Board shall show 28 the Planning Commission has studied and considered the staff report for conversion 29 applications, reasonable input from the stakeholders, the criteria established in LDC 30 section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 31 10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give 32 attention to the design of the greenway and how it mitigates impacts to real property. 33 Further attention shall be given to who can use the greenway. The Board shall consider 34 the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections 35 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and 36 recommendation. 37 F. Compatibility Design Review. For projects subject to 5.05.15 B.3, this section is 38 intended to address the impact of golf course conversion on real property by requiring 39 the conceptual development plan to be reviewed for compatibility with the existing 40 surrounding uses. The following is required: 41 1. Application. The Administrative Code shall establish the submittal requirements 42 for the Compatibility Design Review application. 43 2. Public Notice. The applicant shall be responsible for meeting the requirements 44 of LDC section 10.03.06. 45 3. Compatibility Design Review. The Planning Commission shall review the staff 46 report as described in 5.05.15 D, the Compatibility Design Review application, 47 and make a recommendation to the Board based on the following criteria: 48 a. Whether the applicant has met the applicable requirements established 49 in this section and reasonably addressed the concepts identified in LDC 50 section 5.05.15 D.2 – D.4. 51 Page 23 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 16 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx b. Whether the conceptual design is compatible with the existing 1 surrounding land uses. 2 c. Whether a view of open space is provided that mitigates impacts to real 3 property for the property owners that surround the golf course. 4 d. Whether open space is retained and available for passive recreation. 5 4. The Board shall consider the criteria in LDC section 5.05.15 F.3, above, the staff 6 report and the Planning Commission report and approve, approve with 7 conditions, or deny the application. Upon approval of the application, the 8 applicant shall obtain approval of any additional required development order, 9 such as a SDP, construction plans, or conditional use. 10 G. Development standards. The following are additional minimum design standards for 11 zoning actions and Stewardship Receiving Area Amendments. The Compatibility 12 Design Review process shall only be subject to LDC section 5.05.15 G.6. 13 1. Previously approved open space. Golf course acreages utilized to meet the 14 minimum open space requirements for a previously approved project shall be 15 retained as open space and shall not be included in open space calculations for 16 any subsequent conversion projects. 17 2. Greenway. The purpose of the greenway is to retain an open space view for 18 stakeholders, support passive recreational uses, and support existing wildlife 19 habitat. For the purposes of this section the greenway shall be identified as a 20 continuous strip of land set aside for passive recreational uses, such as: open 21 space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf 22 courses, exercise equipment, and multi-use paths. The Board may approve other 23 passive recreational uses that were vetted at the Stakeholder Outreach 24 Meetings. The greenway shall not include required yards (setbacks) of any 25 individual lots. 26 a. The greenway shall be contiguous to the existing residential properties 27 surrounding the golf course and generally located along the perimeter of 28 the proposed development. The Board may approve an alternative 29 design that was vetted at the Stakeholder Outreach Meetings, as 30 provided for in LDC section 5.05.15 C.3. 31 b. A minimum of 35 percent of the gross area of the conversion project shall 32 be dedicated to the greenway. The greenway shall have a minimum 33 average width of 100 feet and no less than 75 feet at any one location. 34 c. Maintenance of the greenway shall be identified through the zoning or 35 Stewardship Receiving Area Amendment process. 36 d. The greenway may be counted towards the open space requirement for 37 the conversion project as established in LDC section 4.02.00 except as 38 noted in G.1 above. 39 e. Existing trees and understory (shrubs and groundcover) shall be 40 preserved and maintained within the greenway, except where minimal 41 improvements are needed that provide a passive recreational use. At a 42 minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet 43 within the greenway. Existing trees may count toward the ratio; however, 44 trees within preserves shall be excluded from the ratio. 45 f. A wall or fence is not required between the greenway and the proposed 46 development; however, should a wall or fence be constructed, the fence 47 shall provide habitat connectivity to facilitate movement of wildlife in and 48 around the greenway. 49 g. A portion of the greenway may provide stormwater management; 50 however, the greenway shall not create more than 30 percent additional 51 Page 24 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 17 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx lake area than exists pre-conversion in the greenway. Any newly 1 developed lake shall be a minimum of 100 feet wide. 2 h. The applicant shall record a restrictive covenant in the County’s official 3 records describing the use and maintenance of the greenway as 4 described in the zoning action or SRA Amendment. 5 3. Preserve requirements. The following preserve standards supplement those 6 established in LDC section 3.05.07. 7 a. Where small isolated areas (of less than ½ acre in size) of native 8 vegetation (including planted areas) exist on site they may be 9 consolidated into a created preserve that may be greater than ½ acre in 10 size in the aggregate to meet the preserve requirement. 11 b. Existing County approved preserve areas shall be considered as follows: 12 i. Golf courses within a conventional zoning district. All County 13 approved preserve areas shall be retained and may be utilized to 14 meet the preserve requirements for the conversion project. 15 ii. Golf courses within a PUD. All County approved preserve areas 16 shall be retained. Preserve areas in excess of the PUD required 17 preserve acreage may be used to meet the preserve requirement 18 for the conversion project. 19 4. Stormwater management requirements. The applicant shall demonstrate that 20 the stormwater management for the surrounding uses will be maintained at an 21 equivalent or improved level of service. This shall be demonstrated by a pre 22 versus post development stormwater runoff analysis. 23 5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain 24 compensation shall be provided. 25 6. Soil and/or groundwater sampling. In addition to the soil and/or ground water 26 sampling requirements established in LDC section 3.08.00 A.4.d, the applicant 27 shall conduct soil and/or groundwater sampling for the pollutants as follows: 28 managed turf, chemical storage/mixing areas, and maintenance areas (i.e. 29 equipment storage and washing areas, fueling and fuel storage areas) shall be 30 tested for organophosphate, carbamate, triazine pesticides, and chlorinated 31 herbicides. In addition, maintenance areas, as described above, shall be tested 32 for petroleum products. The County shall notify the Department of Environmental 33 Protection where contamination exceeding applicable Department of 34 Environmental Protection standards is identified on site or where an 35 Environmental Audit or Environmental Assessment has been submitted. 36 7. All other development standards. The conversion of golf courses shall be 37 consistent with the development standards in the LDC, as amended. Where 38 conflicts arise between the provisions in this section and other provisions in the 39 LDC, the more restrictive provision shall apply. 40 H. Design standards for lands converted from a golf course or for a permitted use within the 41 GC zoning district shall be subject to the following design standards. 42 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass 43 and sky glow. At a minimum, lighting shall be directed away from neighboring 44 properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the 45 conversion project shall be vetted with stakeholders during the SOMs and the 46 public hearings, as applicable. 47 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a 48 minimum average 50-foot setback from lands zoned residential or with 49 residential uses, however the setback shall be no less than 35 feet at any one 50 location. 51 Page 25 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 18 I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\5.05.15 Conversion of Golf Course amendment\Drafts\5 05 15 Conversion and Redev of Golf Courses 3-15-17 (for 3-28-17 BCC).docx # # # # # # # # # # # # # 1 2 10.03.06 Public Notice and Required Hearings for Land Use Petitions 3 * * * * * * * * * * * * * 4 W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 5 1. The following notice procedures are required: 6 a. Mailed notice sent by the applicant after the Intent to Convert application 7 has been reviewed and deemed satisfactory by staff to proceed to the 8 mailed notice and SOMs, and at least 20 days prior to the first 9 Stakeholder Outreach Meeting. For the purposes of this application, all 10 mailed notices shall be sent to property owners within 1,000 feet of the 11 property lines of the subject property. 12 b. Posting of a sign after Intent to Convert application has been reviewed 13 and deemed satisfactory by staff to proceed to the mailed notice and 14 SOMs, and at least 20 days prior to the first Stakeholder Outreach 15 Meeting. 16 X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 17 1. The following notice procedures are required: 18 a. Newspaper advertisement at least 15 days prior to the Stakeholder 19 Outreach Meeting. 20 b. Mailed notice sent by the applicant at least 15 days prior to the required 21 Stakeholder Outreach Meetings. For the purposes of this application, all 22 mailed notices shall be sent to property owners within 1,000 feet of the 23 property lines of the subject property. This mailed notice may include both 24 required Stakeholder Outreach Meeting dates. All mailed notices shall 25 include the web address to participate in the required web-based visual 26 survey. 27 Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 28 1. The following advertised public hearings are required. 29 a. One Planning Commission hearing. 30 b. One BCC hearing. 31 2. The following notice procedures are required: 32 a. Newspaper advertisement at least 15 days prior to the advertised public 33 hearing. 34 b. Mailed notice sent by the applicant at least 15 days prior to the required 35 public hearings. For the purposes of this application, all mailed notices 36 shall be sent to property owners within 1,000 feet of the property lines of 37 the subject property. 38 # # # # # # # # # # # # # 39 Page 26 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (( ( ( ( ( ( ( ( Talis Pa rk G olf Club Quail We st Golf & CC Quail Creek CC Cypress Woods Golf & CC Golf Club of the Everglades Glen Eagle @Bretonne Par k Cedar Hammock Golf & CC Riviera Golf Club of Naples Naples Lakes CCRoyal Wood G olf & CC Musta ng @ Le ly Resor t Hole in the WallGolf Club Wilderness CC GOLDEN GATE PKY RADIO RDLIVINGSTON RDCOLLIER BLVDSANTA BARBARABLVDCOUNTY BARNRDGREEN BLVDLOGAN BLVDOIL WELL RD RATTLESNAKE HAMMOCK RD Bay Colony Golf Club Calusa Pines Ever green Esplanade Golf & CC Rooke ry at Marco Golf Club at Fiddler's Creek Quar ry Classics @ Lely Resort Estuary Olde FloridaGolf Club Island CC The Strand Foxfire CC Audubon CC Moorings CC Lakew ood CC Wyndemere CC High Point CC Vanderbilt CC Royal Palm CC Bear's Paw CC Stonebridge CC Eagle Creek CC Hammock Bay Golf & CC Links of Na ple s Naples Her itage Club @ Mediterra Glades Golf & CC Hide out Golf Club TPC @ Tr eviso Bay Tibur on Golf Club Club @ Pelican Bay Impe rial G olf Club Hibiscus G olf Club Vine yards of Naples Grey Oaks Golf & CC Hide away Beach Club Quail RunGolf Club Kensington Golf & CC Bonita Bay Club East(Cypress & Sabal)Valencia G olf Course Countryside Golf Club Collier's Reserve CC Twin Eagle s Old Collier Golf Club Fore st Glen Golf & CC Arrow head Golf Course Country Club of Naples Windstar on Naples Bay Olde Cypress Boyne South G olf Course Quail Village Golf Club Naples G rande G olf Club Palm River CC (LaPlaya) Pelican Marsh Golf Club Lely Flamingo Island Club Naples National Golf Club Bentley Village Golf Club Royal Poinciana Golf Club Heritage Bay Golf Course Naples Beach Hotel & Golf Club Quality Inn & Suites Golf Re sort Silve r Lakes RV Resort & Golf Club TAMIAMI TRL E IMMOKALEE RD COLLIER BLVDSAN MARCO RDDAVIS BLVDGOODLETTE RD NPINE RIDGE RD EVERGLADES BLVD NVANDERBILT BEACH RD AIRPORT PULLING RD GOLDEN GATE BLVD E EVERGLADES BLVD SGOLDEN GATE BLVD W WILSON BLVD B AL D E AGL E DRN COLLIER BLVDS BARFIELD DRS COLLIER BLVDBONITA BEACH RD 111TH AVE N G O O DLAND DR 2016 COLLIER COUNTY GOLF COURSES £¤41 £¤41 £¤41 §¨¦75 §¨¦75 §¨¦75 §¨¦75 0 1 2 30.5 Miles GIS Mapping: Beth Yang, AICPGrowth M anagem ent DepartmentDate: Nov.10, 2016 ³ IMMOKALEE RD OIL WELL RDEVERGLADES BLVD NDESOTO BLVD Panther RunGolf Club AVE MARIA INSET LEE COUNTY GOLF COURSE: ZONING GC A RMF- 6 RMF-16 PUD RSF-3 CITY LIM ITS MARCO ISLAND NAPLES Page 27 ForestLakesBLVDE u c a l y p t u sLN F i gLN G a r d e n i a L N H a p p o l o L N I v yGate L N J i m p s o n L N Azalea LNK e l pLN L y o n i a L N DaisyLN ForestLakes BLV D P i n e R i d g e R D P o m p e iLN G r a n a d aBLVD Shirley STAlphaCTTaylor RDGoodlette-Frank RD NJaeger RDP r e mierW AYC a m e lia L NN o r t h g a t e D R MooringsParkDRM o o ringsP a r kDRK r i s t i n C T B u r n i n gTreeDR QuailForestBLVDM e l J e n D R F o r e s t L a k e s D R Zoning:A Zoning:C-5 Zoning: G CZoning:RMF-16 Zoning:RSF-3 Zoning:RMF-16 Zoning:PUD Zoning:RMF-16 Zoning:PUD Zoning:PUDZoning:C-1 Zoning:PUD Zoning:CITY OFNAPLES Zoning: G C Golf Course Buffers Country Club ± Legend Zoning Buffers Distance From Zoning Bound ary 0-50 51-75 76-100 0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 28 F o r e s t L a k e s B L V D Rosepetal LNN a r i t a L N M i l k w o r t L N L y o n i a L N Pyxiem oss LNO p u n tia L N Salvia LNGoodlette-Frank RD NBurningTreeDRForest Lakes DRS o l a n a R D C y p r e s s P o in t D R M o o r i n g sParkDR Zoning: G C Zoning:RMF-16 Zoning:PUD Zoning:RSF-3 Zoning:CITY OFNAPLESZoning:RSF-3 Zoning:RSF-3 Zoning: G C Golf Course Buffers Country Club ± Legend Zoning Buffers Distance From Zoning Bound ary 0-50 51-75 76-100 0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 29 Golf Course Buffers Esplanade ± Legend Golf C ourse Bound ary Buffers Distance From Go lf C ourse B oundary 0-50 51-75 76-100 0 410 820 1,230 1,640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 30 Immokalee RD CollierBLVDGolf Course Buffers Esplanade ± Legend Golf C ourse Bound ary Buffers Distance From Go lf C ourse B oundary 0-50 51-75 76-100 0 410 820 1,230 1,640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 31 L a n d m a r k D R W i n t e r p a r k B L V D L a k e w o o d B L V D DentDRShortCTN o r t h w i n d s DR P a y n e C T PalmDRSnowflake LNPi neLakeDRN o r t h w i n d s D R ReynoldsC T CharityCTI c e C a s t l e W A Y Wi n t e r g r e e nWAY G l a d e s B L V D C h i p p e n d a l e D R N o r t h l i g h t D R T e r y l R D R o u n d K e y C IR Zoning:PUD Zoning: PUD Zoning:RMF-16 Zoning:RMF-6 Zoning:RMF-6 Zoning: G C Zoning: G C Zoning: G C Zoning:RMF-6GH Zoning: G C Zoning:RSF-3 Zoning:RSF-4 Golf Course Buffers Evergreen ± Legend ZoningBuffers Distance From Zoning Boundary 0-50 51-75 76-100 0 160 320 480 640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 32 S ain t Andrew s B L V D BristleCone LNDoralCIRPalmetto Dunes CIR B a l tus rol D R Peb b le B e a c h B L V D PebbleBeach CIRD o r a l C I R T h o r n crestLNAugustaBLVDTobago BLVDC a y C T B e q u i a W A YPepperCIR H e a therGrove L N O a k l a n d H i l l s D R BriarcliffL N Forest Hills BLVDValleyStreamDR P ineValleyCIR W a r w i c k H i l l s D R P a lm e t t o D u n e s C I R Bi gSpr i ngs DRD o m in i c a DR Peb b l e Be a c h BLVDBay M eado w s D RPinehurstCIR T a m ia m i T R L E Torrey Pines PT Zoning:MPUD Zoning:RMF-16 Zoning:PUD Zoning:RMF-16 Zoning:RSF-3 Zoning:RMF-16 Zoning:RMF-16 Zoning:RSF-3 Zoning:RSF-3 Zoning:RSF-3 Zoning:RSF-4 Zoning: G C Zoning:PUD Golf Course Buffers Hibiscus ± Leg end Zoning BuffersDistance From Zoning B oundary 0-5051-75 76-100 0 290 580 870 1,160145FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 33 P a c i f i c D RMadeira CTC o l u m b i a C T WhiteViolet DRT o r r e n s C T B e r i n g C T G l a c i e r C T Seven SeasDRGibralterDRValewoodDR Gr a n dCypress C T WhiteVioletDRS a g i n a w B a y D RPondAppleDRW P o n d A p p l e D R S S n o w b e r r y LN P l e asantSpringsDR S a n t aren CT L o n g s h o r e WAY N B u t t e r f l yOrchidLN Q u a i lVillageW A Y S t r a d a B e l l a C T S e venSeasBLVD J a s m i n eLakeCI R P o n d A p p l e D R N RosewoodLNO a k L e a f D R C o c o P l u m L N G r a n d C y p r e s s D RB a l dC y p r e s s LNS i l v e r F o x DR Logan BLVD NPo n dAppleDREZoning:RSF-2 Zoning:RSF-2 Zoning:PUD Zoning:GC Zoning: G C Zoning:PUD Golf Course Buffers Quail Creek ± Leg end Zoning BuffersDistance From Zoning B oundary 0-5051-75 76-100 0 420 840 1,260 1,680210FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 34 Fores t LakesB L V D E u c a l y p t u sLN G a r d e n i a L N H a p p o l o L N I v yGate L N J i m p s o n L N Azalea LNK e l pLN L y o n i a L N DaisyLN F o r e s t L a k e s B L V D NaplesBLVDYahl STShirley STTaylor RDG o l d f i n c hWAY HummingbirdLNClubhouseDRP i n e R i d g e R D B a l d E a g l e DR C a m e lia L NO r i o l e C I R OysterCatcherPTW o o d s h i r e L NTurtleLakeCT Quail ForestBLVD F o r e s tL a k e s D R Zoning: G C Zoning:RMF-16 Zoning:RMF-16 Zoning:PUD Zoning:PUD Zoning:PUD Zoning:RMF-16 Golf Course Buffers Quail Run ± Legend Zoning Buffers Distance From Zoning Bound ary 0-50 51-75 76-100 0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 35 Vi nca LNUni ca LNG a r d e n i a L N Wisteria LNH a p p o l o L N I v yGate L N N a r i t a L N J i m p s o n L N K e l pLN M i l k w o r t L N L y o n i a L N Pyxiem oss LNO p u n tia L N Tuppence LNSalvia LNF o r e s t La k e s B L V D G o l d f i n c hWAY HummingbirdLNS w a l l o w P T B a l d E a g l e DR O r i o l e C I R OysterCatcherPTTurtleLakeCTJacanaCIRCl u b h o u s e D R Q u ail F o r e st B LV DForest Lakes DRW o o d s h i r e L N Zoning: G C Zoning: G C Zoning:RMF-16 Zoning:PUD Zoning:PUD Zoning:PUD Zoning:RMF-16 Zoning:RMF-16 Zoning: RSF-3 Zoning: RMF-16 Zoning: CITYOF NAPLES Golf Course Buffers Quail Run ± Legend Zoning Buffers Distance From Zoning Bound ary 0-50 51-75 76-100 0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 36 Chesterbro o k CT Carrin g t o n C T AshtonOaks LNAshtonOaks LNAirport RD NEssexCIRC u rlingA VEM a n chesterCTBentTreeLN Victo r i a L NKitchenersCTLangfordLNSpringberry CIR L u n aCIR H u n t i n g t o n D R W i n d i n gOaks W A Y B ethany PL W i n c h e sterWood WexfordCT ParnuSTW i n d i n gOaksWAY AshtonOaksLN Lea m i n g t o n L N ManchesterCT V ils a n d A V E P o n d s i d e L N W i n d s o r W A Y I m m o k a l e e R D H a r m ony L NAberd e enLNBocaCIRSWHe a lthPKWY WillowBendCIR VeteransParkDRN a p l e s T r a c e C I R Zoning:RSF-3 Zoning:RSF-3 Zoning: I Zoning:PUD Zoning:PUD Zoning: P Zoning:PUD Zoning:PUDZoning:PUD Golf Course Buffers Stonebridge ± Legend Zoning Buffers Distance From Golf Course Boundary 0-50 51-75 76-100 0 325 650 975 1,300FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 37 Research on the impact of a “golf course view” on property values Staff conducted a brief review of reports and literature on the economic value of green space on residential properties, in particular golf courses. In addition, staff reached out to the Collier County Property Appraiser to provide county specific data regarding the view amenity premiums within the community. A. Overview of Literature Open space, including golf courses and greenways, provide numerous benefits to the whole community including providing scenic views, reducing air pollution, flood control, wildlife habitat, improving water quality, and supporting healthy living. In addition, there are studies and reports that expound on the economic value associated with open spaces, identified as the “incremental value a property receives from its proximity to open space is variously referred to as the open space property value premium … or amenity premium” (Kroeger, 2008, p. 1). Staff uses the latter for discussion purposes. A report funded by the National Council for Science and the Environment, states there are numerous factors that influence the extent of impact open space has on property value premiums. First, literature findings support that the value of open space depends on the type, size, and type of vegetation cover, general attractiveness, and distance to property. The general rule of thumb is that the closer the open space is to the property, the higher the amenity premium. Another important factor is the confidence, or lack thereof, that the open space will remain in perpetuity. One frequently cited study identified that parks and open spaces have a positive impact on property values. The study was conducted in Portland, Oregon and the researchers found that residential properties within 1,500 feet of natural forest areas experienced an average of $10,648 increase, compared to $5,657 for specialty parks, $8,849 for golf courses and $1,214 for urban parks in 1990 dollars. The researchers found natural areas and specialty parks had a “positive and statistically significant effect” (Kroeger, 2008, p. A4-16) on a home’s sale price. The authors noted that residences adjacent to a golf course (200 ft.) were estimated to enjoy the largest increase in the sale price because of their proximity to the open space. Further, the National Park Service published a resource book in 1995, titled Economic Impacts of Protecting Rivers, Trails and Greenway Corridors and it reports there are many localized studies done on the property value premiums attributed to the proximity to open space, supporting the positive influence of open space on property values. In summary, there is evidence from a wide array of studies examining the amenity premiums associated with open space that show that preserving open space creates economic and community value. Resources: Active Living Research. (2010). The Economic Benefits of Open Space, Recreation Facilities and Walkable. Robert Wood Johnson Foundation, San Diego State University, San Diego, CA. Retrieved from: http://activelivingresearch.org/economic-benefits-open-space-recreation-facilities- and-walkable-community-design Kroeger, Timm. (2008). Open Space Property Value Premium Analysis. Defenders of Wildlife and National Council for Science and the Environment – 2006 Wildlife Habitat Policy Research Program. Retrieved from http://www.defenders.org/publications/open_space_property_value_premium_analysis.pdf Page 38 U.S. Department of the Interior, National Park Service (1995). Economic Impacts of Protecting Rivers, Trails and Greenway Corridors. Rivers, Trails and Conservation Assistance – National Park Service. Fourth Edition, Revised. Retrieved from https://www.nps.gov/pwro/rtca/econ_all.pdf B. Collier County Property Appraiser Data Staff reached out to the Director of Real Estate/Appraisal Assessment Analyst with the Collier County Property Appraiser and obtained sales data of residential properties within golf course communities from January 1, 2012 through December 5, 2016. The following information an overview of the data, analysis of the data, and staff’s findings. Overview of Data The data set included twelve established communities that were built 15 or more years ago. The data set included four Golf Course zoned properties and eight PUD zoned properties. The data set comprised a range of residential price points and courses located in different geographical areas of the County. The data set excluded vacant unimproved land sales. The Director of Real Estate/Appraisal Assessment Analyst with the Collier County Property Appraiser stated the residential price per adjusted square feet represents a publicly recorded sale price of which a home is generally assessed at 100% value for the first floor air conditioned residential area, at 70% for the second floor air conditioned and the garage area, and 40% to 70% for porch areas. The data set excluded view amenities that incurred less than 10 sales transactions: Creek (7), Institutional (4), Common Area (3), Conservation (3), Highway (3), River (2), and Club. Several view amenities were combined to address subjectivity and variation within the staff of the Collier County Property Appraiser determination of view types. This was done with the support of Director of Real Estate/Appraisal Assessment Analyst. Page 39 Data for 10 View Amenity Types for Residential Properties in Golf Course Communities in Collier County View Amenity Types # of Sales Percent of Total Sales Total Sale Amount Total Adjusted Sq. Ft. Price Per Adjusted Sq. Ft. Percent Attributed to Amenity Premium Rank Lake 760 30% $544,319,300 2,458,626 $221 53%1 Preserve and Natural Area 209 8% $144,126,200 682,850 $211 47%2 Landscape, Buffer, Green Space, and Green Belt (Green Space) 85 3% $46,797,600 252,345 $189 31%3 Golf 899 35% $495,027,500 2,628,125 $188 31%4 Privacy Wall 46 2% $28,283,000 159,759 $177 23%5 Street 49 2% $17,294,400 111,329 $155 8%6 Drainage Easement 24 1% $9,242,400 62,996 $147 2%7 Single Family 461 18% $169,673,199 1,181,931 $144 Control 8 Canal 24 1% $9,185,700 68,550 $134 -7%9 Recreation Area 15 1% $3,708,500 32,127 $115 -20%10 Totals 2,572 $1,467,657,799 7,638,638 Averages $570,629 2,970 $192 Analysis For each view amenity, the Total Sales Amount was divided by the Total Adjusted Square Feet to arrive at a Price Per Adjusted Square Feet for each view amenity. This was used to compare other view amenities. For example, a single family view amenity: $169,673,199/1,181,931 = $144 per square foot. To assess the amenity premium, in particular golf courses and green space views, staff compared all amenity premiums with the single family view. This results in the “Percent Attributed to Amenity Premium.” For example, the golf course amenity premium is 31% more than a single family view: ($188 -$144)/$144 = 31% Findings A golf course view is valuable. It provides the fourth highest amenity premium when compared to all views and increases the sale price by 31% when compared to a single family home view. The three highest amenity premiums are Lake; Preserve and Natural Area; and Green Space. This is important to note as the proposed greenway will provide views of one or more of the top four amenity premiums. The amenity premium of the four highest are passive recreation uses and not associated with the broader open space uses. Resources: C. Quinby III, personal communication. Collier County Property Appraiser. December 2016. Page 40 Research on Florida communities approving and denying golf course conversions Golf course conversions are occurring across Florida. The following case studies are those that were previously described by staff in the report on golf course conversions or others that became litigious, controversial and discussed at length in the news. Generally speaking, the research was completed by reviewing online news articles. It is important to note that controversial golf course conversions are easily found in online media searches while many golf course conversions likely occur with much less or little news coverage across the state. 1. Mizner Trail Golf Course, Boca Raton, Palm Beach County Overview: Over a decade of legal battles ensued between the Boca Del Mar neighborhood association and the golf course property owner following the closing of the Mizner Trail Golf Course in 2005. The Palm Beach County Commission denied two development proposals on the golf course and was subsequently sued for the denials. However, the County was successful in defending itself against the challenges. In 2014 the Commission approved (5-2) 252 homes on the property against overwhelming opposition from the Boca Del Mar neighborhood association. The Boca Del Mar neighborhood association sued the County in hopes of overturning their approval and stop 252 homes from being built on the Mizner Trail golf course. Ultimately, the courts ruled in favor of the developer. Resources: 1. Reid, A. (2014). Lawsuits aim to stop building on the Mizner golf course. Sun Sentinel. Retrieved from http://articles.sun- sentinel.com/2014-08-11/news/fl-mizner-trail-lawsuit-20140811_1_compson-mizner-trail-inc-boca-del-mar-building-plans 2. Redlich, W. (2014). Boca del Mar to Add 288 Units? West Boca News. Retrieved from http://westbocanews.com/2014/01/08/boca- del-mar-to-add-288-units 3. Redlich, W. (2015). Mizner Trail Going Ahead with 250+ Homes. West Boca News. Retrieved from http://westbocanews.com/2015/04/02/mizner-trail-going-ahead-with-250-homes/8203 4. Reid, A. (2015). Building on hold, land for sale at old Mizner Trail golf course. Sun Sentinel. Retrieved from http://www.sun- sentinel.com/local/palm-beach/fl-golf-land-problems-20150806-story.html 5. Reid, A. (2016). Boca Del Mar drops golf development fight. Sun Sentinel. Retrieved from http://www.sun-sentinel.com/local/palm- beach/fl-golf-land-fight-ends-20150331-story.html 6. Reid, A. (2016). Boca Del Mar loses golf course fight. Sun Sentinel. Retrieved from http://www.sun-sentinel.com/local/palm- beach/fl-mizner-golf-ruling-20150219-story.html 2. Calusa Country Club, Miami-Dade County Overview: Residents rejected the original proposal from the developer to build a 960-unit retirement community which included a payment of $50,000 per home with a golf course view. The development proposal also included a 50-foot linear park along the perimeter of the defunct golf course. This design feature may be in part due to the Miami-Dade’s requirement to preserve 50 percent of the golf course as open space. The course has a restrictive covenant requiring the golf course to be operated as a golf club and country club and that the restrictions are valid for 99 years unless “released or revised by the [Miami-Dade Board Page 41 of County Commissioners] …. and those owners within 150 feet of the exterior boundaries of the … property.” In March 2014, the trial court supported the developer’s argument and invalidated the restrictive covenant. In January 2016, the appeals court reversed the trial court opinion and held the restrictive covenant in this case was a governmental regulation and upheld the restrictions. As of May 2016, the developer is seeking to change the County’s Comprehensive Development Master Plan to allow for low-medium density residential on the site. Resources: 1. Chen, E. (2012). Bad Economy For Golf Courses Puts Pressure On Owners Of Fairway-View Homes. WLRN Miami | South Florida. Retrieved from http://wlrn.org/post/bad-economy-golf-courses-puts-pressure-owners-fairway-view-homes 2. Yager, R. (2012). Barcardi goes to court to end Calusa CC land restrictions. Miami’s Community Newspapers. Retrieved from http://communitynewspapers.com/kendall-gazette/bacardi-goes-to-court-to-end-calusa-cc-land-restrictions/ 3. (2014). Ruling oks building on golf course. The Real Deal. Retrieved from http://therealdeal.com/miami/2014/10/28/ruling-oks- building-on-golf-course/ 4.Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016) 5. Admin. (2014). Legal Update: The Future of a Golf Course. Tallahassee Board of Realtors website. Retrieved from http://www.tbrnet.org/blog/2014/12/05/legal-update-the-future-of-a-golf-course/ 6. (2016) Miami-Dade County website. Comprehensive Development Master Plan page. Retrieved from http://www.miamidade.gov/planning/cdmp.asp 7. (2016) Miami-Dade County website. Comprehensive Development Master Plan Applicant page. May 2016- Application No. 7. Retrieved from http://www.miamidade.gov/planning/cdmp-amendment-cycles.asp#201605 8. Bandell, B. (2016) 5 big development plans proposed, including 1,100 homes on golf course. South Florida Business Journal. Retrieved from http://www.bizjournals.com/southflorida/news/2016/06/27/5-big-development-plans-proposed-including-1- 100.html 3. Century Village Golf Course, Palm Beach County Overview: After four meetings, the Palm Beach Board of County Commissioner’s approved the developer’s controversial plans to build a commercial and residential development on the defunct Century Village (an over age 55 community) golf course. Century Village sued the developers, siting that he would violate a deed restriction that requires the property remain as a golf course in “perpetuity.” The Commission required that the developer provide a 9-hole golf course for the Century Village association to approve. The Court ruled in the developer’s favor. Resources: 1. Johnson, K. (2013). Century Village vote: Commissioners approve plan to transform golf course into shops. WPTV.com. Retrieved from http://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/century-village-golf-course-decision-vote-will- andrew-waldmans-course-be-a-new-shopping-center 2. Sorenture, J. (2013). County approves project near Century Village; closed golf course to get commercial development. My Palm Beach Post. Retrieved from http://www.mypalmbeachpost.com/news/county-approves-project-near-century-village-closed-golf- course-get-commerical-development/nKORxmvnfKAuZ01rkdbD0L/ 3. Reid, A. (2016). Century Village residents lose golf course court fight. Sun Sentinel. Retrieved from http://www.sun- sentinel.com/local/palm-beach/palm-beach-politics-blog/sfl-century-village-loses-golf-fight-20150227-story.html 4. Ocean Palm Golf Course, City of Flagler Beach Overview: Ocean Palm Golf Club, a 9-hole course, opened in 1960. It was sold in 1999 and the owner requested the course was rezoned to low density residential but the City unanimously denied the request. The City’s justification for the denial was the need to maintain the course as a recreation area and concern of potential stormwater impacts to the area. Page 42 The course property owner challenged the City in court, however, the court sided with the City. The City of Flagler Beach purchased the golf course in 2013 during a foreclosure auction with the goal to reopen it as a golf course. In 2016, the golf course reopened under a lease and management agreement between the City and a private management company. Resources: 1. No author. (2013). From Green to Red: With Golf Course Buy, Flagler Beach Fears Going Palm Coast’s way. FlaglerLive.com. Retrieved from https://flaglerlive.com/51471/ocean-palm-golf-club/ 2. Ryan, S. (2016) Ocean Palm Golf Course to reopen Saturday in Flagler Beach. The Daytona Beach News-Journal. Retrieved from http://www.news-journalonline.com/entertainment/20160603/ocean-palm-golf-club-to-reopen-saturday-in-flagler-beach 5. Vista Golf Course, Vero Beach, Indian River County Overview: The developer sold the property in 1989 and placed protective covenants on the property “for the purpose of enhancing and protecting the value, desirability and attractiveness of the condominium communities.” Additionally, the covenants included that the land be operated as a 27-hole golf course and that the “land shall, for a period of time … be held, sold, conveyed, leased, mortgaged and otherwise dealt with only as a single parcel…” In 2008 the property owners sued the resident association to allow the golf course land to be used for condominiums. The property owners claimed that maintaining it as a 27-hole golf course “constituted undue oppression.” The trial courts found that the golf course could not be required to operate as a golf course business but that it could not operate as anything else and that the Unity of Title Covenant was unreasonable. The appeals court affirmed that the Unity of Title Covenant was unreasonable. Resources: 1. Elliott, J. (2012). Dispute over Vista golf course finally headed to court in Indian River County. TCPalm. Retrieved from http://archive.tcpalm.com/news/dispute-over-vista-golf-course-finally-headed-to-court-in-indian-river-county-ep-382159630- 343074352.html 2.Vista Golf, LLC v. Vista Royale Prop. Owners Ass'n., 164 So. 3d 140 (Fla. 4th DCA 2015) 6. Presidential Country Club Resort Community Overview: In 2015, the City of West Palm Beach approved the conversion of a course within the Presidential Country Club Resort Community, a golf course master planned community. The approval followed several public meetings. According to City staff, the neighboring residents and the developer were able to reach consensus through the public meeting process (J. Roach, Principal Planner, personal communication, August 18, 2016). The developer agreed to provide views of open space, create a large lake system that would enhance the views, and provide separation from the proposed resort development. Resources: 1. City of West Palm Beach City Commission. (2015). 2300 Presidential Way and 3100-3200 North Congress Avenue, Sea Palm Resort (formerly PCC) Resort, Major Planned Development Amendment and Major Sub division (3). Staff report. Retrieved from https://onedrive.live.com/?authkey=%21AIiGmwiq6sIkoAQ&id=2A630568D6D3EB34%216841&cid=2A630568D6D3EB34 Page 43 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx N. Intent to Convert Application for Golf Course Conversions Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06.  See Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions. Applicability This process applies to applicants seeking to convert a constructed golf course to a non-golf course use. Approval of this application is required prior to submitting a conversion application (rezone, PUD, SRAA or Compatibility Design Review petition). This application is not required for golf courses zoned Golf Course and Recreational Uses (GC) seeking another use as provided for in LDC section 2.03.09 A. Pre-Application A pre-application meeting is required. Initiation The applicant files an “Intent to Convert” application with the Planning & Zoning Division. Application Contents The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. The name and mailing address of all registered property owners’ associations that could be affected by the application. 5. Disclosure of ownership and interest information. 6. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the dates of the option, date the option starts and terminates, and anticipated closing date. 7. A title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property. 8. Boundary survey (no more than six months old). 9. Property information, including:  Legal description;  Property identification number;  Section, township, and range;  Address of the subject site and general location;  Size of property in feet and acres; and  Zoning district. 10. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included:  Legal description; Page 44 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx  Property identification number;  Section, township and range; and  Subdivision, unit, lot and block, or metes and bounds description. 11. Zoning information, including adjacent zoning and land use. 12. Existing PUD Ordinance, SRA Development Document, Site Development Plan, or Plat. 13. An exhibit identifying the following:  Any golf course acreage that was utilized to meet the minimum open space requirements for any previously approved project;  Existing preserve areas;  Sporadic vegetation less than ½ acre, including planted areas, that meet criteria established in LDC section 3.05.07 A.4; and  A matrix demonstrating the following as required in LDC section 5.05.15 G.3: o For conventionally zoned districts:  County approved preserve acreage; and  Any sporadic vegetation acreage used to meet the preserve requirement for the conversion project. o For PUDs:  County approved preserve acreage; and  Any County approved preserve acreage in excess of the PUD required preserve acreage that is used to meet the preserve requirement for the conversion project. 14. Stormwater management requirements as required by LDC section 5.05.15 G.4. 15. Floodplain compensation, if required by LDC section 3.07.02. 16. Soil and/or groundwater sampling results, as described in LDC section 5.05.15 G.6. 17. List of deviations requested, as described in 5.05.15 C.4.a-b. The specific LDC sections for which the deviations are sought shall be identified. The list of deviations shall be shared with stakeholders at the SOM or NIM. 18. Electronic copies of all documents. Application Contents Required for Presentations at SOMs In addition to the application contents above, the following must also be submitted with the Intent to Convert application and used during SOM presentations: 1. The Developer’s Alternatives Statement as described in LDC section 5.05.15 C, including: Page 45 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx  A narrative clearly describing the goals and objectives for the conversion project.  No Conversion Alternative: A narrative describing the timeline of correspondence between the applicant and the property owners’ associations relating to the applicant’s examination of opportunities to retain all or part of the golf course as described in LDC section 5.05.15 C.2.b.i, and copies of such correspondence. It shall be noted in the narrative whether a final decision has been made about this alternative or whether discussions with the property owners’ associations are ongoing.  County Purchase Alternative: A narrative describing the timeline of correspondence between the applicant and the County to determine if there is interest to retain all or portions of the property for public use as described in LDC section 5.05.15 C.2.b.ii, and copies of such correspondence. It shall be noted in the narrative whether a final decision has been made about this alternative or whether discussions with the County are ongoing.  Conceptual Development Plan Alternative: A conceptual development plan consistent with LDC section 5.05.15 C.2.b.iii, and as described in the following section. 2. The conceptual development plan shall include all information described in LDC section 5.05.15 C.2.b.iii, and the following:  An Access Management Exhibit, identifying the location and dimension of existing and proposed access points and legal access to the site.  A dimensional standards table for each type of land use proposed within the plan. o Dimensional standards shall be based upon the established zoning district, or that which most closely resembles the development strategy, particularly the type, density, and intensity of each proposed land use. o For PUDs: Any proposed deviations from dimensional standards of the established zoning district, or of the most similar zoning district, shall be clearly identified. Provide a narrative describing the justifications for any proposed deviations that are not prohibited by LDC section 5.05.15 C.4.  A plan providing the proposed location and design of the greenway (this may be included on the conceptual development plan): o Greenway Design: A plan providing the proposed location and design of the greenway and illustrating the following (including any alternative designs as described in LDC section 5.05.15 G.2.a): Page 46 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx  The proposed location of passive recreational uses;  Existing and proposed lakes, including lake area calculations;  Preserve areas;  Any structures or trails related to passive recreational uses;  Greenway widths demonstrating a minimum average width of 100 feet and no less than 75 feet shall be identified every 100 feet;  Locations of existing trees and understory (shrubs and groundcover) shall be located on the plan in accordance with LDC section 5.05.15 G.2.e;  A matrix identified on the plan shall demonstrate tree counts used to calculate the ratio described in LDC section 5.05.15 G.2.e; and  Location of any proposed wall or fence pursuant to LDC section 5.05.15 G.2.f.  A narrative describing how the applicant proposes to offset or minimize impacts of the golf course conversion on stakeholders’ real property and provide for compatibility with existing surrounding land uses. Identify the compatibility measures on the conceptual development plan. 3. A narrative statement describing how the greenway will meet the purpose as described in LDC section 5.05.15 G.2 to retain open space views for stakeholders, support passive recreational uses, and support existing wildlife habitat. 4. A narrative statement describing the public outreach methods proposed for the SOMs, consistent with Administrative Code Chapter 8.F. 5. Web-based survey, including the following:  A copy of the web-based survey;  The user-friendly website address where the survey will be available; and  The dates the survey will be available. Completeness and Processing of Application After submission of the completed application packet accompanied with the required fee, the applicant will receive an electronic response notifying the applicant that the petition is being processed. Accompanying that response wi ll be a receipt for the payment and the tracking number (i.e., XX201600000) assigned to the application. The tracking number should be noted on all future correspondence regarding the petition. Page 47 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx Notice for the Intent to Convert Application After the Intent to Convert application has been submitted, notice is required to inform stakeholders of a forthcoming golf course conversion application. However, no mailing is required if the applicant chooses to withdraw the Intent to Convert application.  See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: For the purposes of this mailed notice, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course. The notice shall be sent after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and SOMs, and at least 20 days prior to the first SOM. The mailed notice shall include the following:  Explanation of the intention to convert the golf course.  Indication that there will be at least two advertised SOMs and one web-based visual survey to solicit input from stakeholders on the proposed project. The date, time, and location of the SOMs does not need to be included in this mailing.  2 in. x 3 in. map of the project location.  Applicant contact information. 2. Sign: (see format below) Posted after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and SOMs, and at least 20 days before the first SOM. The sign shall remain posted until all SOMs are complete. For the purposes of this section, signage, measuring 16 square feet, shall clearly indicate an applicant is petitioning the county to convert the golf course to a non -golf use (e.g. residential). A user-friendly website address shall be provided on the signs directing interested parties to visit Collier County’s website to access materials for the SOM and the web-based visual survey. The sign shall remain posted for 7 days after the last required SOM. The location of the signage shall be consistent with Chapter 8 of the Administrative Code. Public Hearing No public hearing is required for the Intent to Convert application. Public hearings will be required for subsequent conversion applications. Decision maker The County Manager or designee. Page 48 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx Review Process The Zoning Division will review the Intent to Convert application and identify whether additional materials are needed. Updated Page 49 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Stakeholder Outreach Mtg.s\E. Stakeholder Outreach Meeting 3-3-17.docx F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06.  See Chapter 4.N for Intent to Convert Applications for the Application Contents Required for Presentations at SOMs. Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the design of a golf course conversion project and to encourage collaboration and consensus between the applicant and the stakeholders on the proposed conversion. Applicability This process applies to applicants seeking to convert a constructed golf course to a non- golf course use. A minimum of two in-person meetings and one web-based visual survey are required. This section shall be used in connection with LDC section 5.05.15. Initiation The SOMs may be held after the “Intent to Convert” application has been received by the County and deemed sufficient by staff to proceed. It is encouraged that SOMs take place in a timely manner so as to support stakeholder involvement. SOM Notice Requirements Each SOM shall be noticed as follows: 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the SOM in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the SOM;  Petition name, number and applicant contact info;  Notice of the intention to convert the golf course to a non-golf course use;  Brief description of the proposed uses; and  2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days before the first SOM. The mailed notice shall include the following:  Date, time, and location of each SOM included in the mailed notice;  Petition name, number and applicant contact info;  Notice of the intention to convert the golf course to another use;  A brief description of the proposed uses;  A statement describing that the applicant is seeking input through a stakeholder outreach process;  The user-friendly web address where the meeting materials, such as the Developers Alternatives Statement, can be accessed;  A brief description of the visual survey and the user-friendly web address where the survey can be accessed; and  The dates that the web-based visual survey will be available online. Page 50 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Stakeholder Outreach Mtg.s\E. Stakeholder Outreach Meeting 3-3-17.docx Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate expected attendance. Conduct of SOMs A minimum of two SOMs shall be conducted in accordance with the following:  An assigned County planner shall attend the SOMs and observe the process. The planner shall note any commitment made by the applicant during the meetings.  Meeting Conduct: The applicant shall conduct the meetings as follows: o Use at least one public outreach method during the in-person meetings as described below; and o The applicant shall facilitate dialogue and encourage input on the conceptual development plan from the stakeholders regarding the types of development the stakeholders consider compatible with the neighborhood, and the types of land uses they would support to be added to the neighborhood.  Presentation: The applicant must provide the following at the SOM for review and comment: o The current LDC zoning district uses and development regulations; o Information about the purpose of the meeting, including the goals and objectives of the conversion project; o A copy of the Developer’s Alternatives Statement shall be made available at the SOM, as described in LDC section 5.05.15 C.2; o Visuals depicting the conceptual development plan(s) and the greenway; and o The list of deviations requested, as described in LDC section 5.05.15 C.4.a-b.  Public Outreach Methods: The applicant shall use one or more of the following at the Stakeholder Outreach Meetings to engage stakeholders: o Charrette. This public outreach method is a collaborative design and planning workshop that occurs over multiple days. Through a charrette, the applicant designs the conceptual development plan and greenway with stakeholders’ input. During a charrette, stakeholders are given the opportunity to identify values, needs, and desired outcomes regarding the project. Through a series of engagement activities the conceptual development plan and greenway are designed and refined. Throughout the sessions, stakeholders have an opportunity to analyze the project, address and resolve issues, and comment on multiple iterations of the project. o Participatory Mapping. This public outreach method produces maps using stakeholder knowledge and input. To start, the applicant hosts a workshop and shares information about the project through Page 51 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Stakeholder Outreach Mtg.s\E. Stakeholder Outreach Meeting 3-3-17.docx exhibits such as poster boards, written or electronic materials, etc. Participants are then given sticky dots, markers, or other tactile/visualization tools in conjunction with maps of the conceptual development plan and greenway to identify options to address compatibility, adverse impacts, or types of desirable usable open space for the project. For example: stakeholders are asked to place red dots on the map where there is a perceived pedestrian hazard and place a green dot where they support additional tree plantings in the greenway. o Group Polling. This public outreach method polls participants at the meeting and provides instant results. The poll can include a wide range of topics about the project, such as density, greenway uses, vehicle/pedestrian transportation networks, etc. The applicant provides sticky dots or uses electronic devices to conduct the polling. o Visioning Exercise. This public outreach method invites stakeholders to describe their core values and vision for their community. In a workshop setting, the applicant presents a wide variety of reports, maps, photos, and other information about the project. The applicant then poses questions to the participants, such as, but not limited to the following:  “What do people want to preserve in the community?”  “What do people want to create in the community?”  “What do people want to change in the community?” The applicant collects the responses and works with the participants to create a vision statement for the project that incorporates the goals, concerns, and values of the community. Web-based Visual Survey Requirements The web-based visual survey is intended to increase engagement with stakeholders. The survey should engage the stakeholders in the design of the project and assist in determining what stakeholders find important to the neighborhood, what is considered compatible with the neighborhood, and what types of land uses they support adding to the neighborhood.  The survey shall provide visual representations of the proposed development, in particular the types of land uses proposed, streetscapes, public spaces, design characteristics, and depictions of the greenway design;  The survey questions shall be worded so as to elicit responses to the stakeholders’ preferences or support for the visual representations.  The survey shall allow for additional comment(s) to be made by the stakeholders. SOM Report After the SOMs and the web-based survey are complete, the applicant will submit a report of the SOM to the County, including the following information: Page 52 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Stakeholder Outreach Mtg.s\E. Stakeholder Outreach Meeting 3-3-17.docx  A list of attendees, a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods described above;  Copies of the materials used during the meeting, including any materials created at the meeting, such as any participatory mapping or related documents;  A verbatim transcript of the meetings and an audio (mp3 or WAV format) or video recording in a format accessible or viewable by the County;  A point-counterpoint list, identifying the input from the stakeholders and how and why it was or was not incorporated into the application. Input from stakeholders may be categorized by topic and the applicant may provide a single response to each topic in narrative format; and  The report shall be organized such that the issues and ideas provided by the stakeholders that are incorporated in the application are clearly labeled in the point-counterpoint list and in the conversion application. Meeting Follow-up After each SOM is completed and prior to the submittal of a conversion application, the applicant will submit to the assigned planner a written summary of the SOM and any commitment that has been made. Any commitment made during the meeting will:  Become part of the record of the proceedings;  Be included in the staff report for any subsequent conversion application; and  Be considered for inclusion into the conditions of approval of any subsequent development order. Updated Page 53 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Compatibility Design Review\K. Compatibility Design Review 3-3-17.docx K. Compatibility Design Review Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06.  See Chapter 4.N of the Administrative Code for Intent to Convert Applications and Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions. Purpose The Compatibility Design Review process is intended to address the impacts of golf course conversions on real property by reviewing the conceptual development plan for compatibility with existing surrounding uses. Applicability This process applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Area that utilize a non-golf course use which is a permitted, accessory, or conditional use within the existing zoning district or designation. This application is not required for golf courses zoned Golf Course and Recreational Uses (GC) seeking another use as provided for in LDC section 2.03.09 A. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00. The conditional use approval should be a companion item to the compatibility design review approval. Pre-Application Meeting A pre-application meeting is required. Initiation The applicant files an “Application for Compatibility Design Review” with the Zoning Division after the “Intent to Convert” application is deemed complete by County staff and the Stakeholder Outreach Meetings (SOMs) are completed. See Chapter 4 of the Administrative Code for information regarding the “Intent to Convert” application and Chapter 8 of the Administrative Code for requirements for SOMs and additional notice information. Application Contents The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. The proposed conceptual development plan. 5. The name and mailing address of all registered property owners’ associations that could be affected by the application. 6. Disclosure of ownership and interest information. 7. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the dates of the option: date the option starts and terminates, and anticipated closing date. 8. Property information, including:  Legal description;  Property identification number;  Section, township, and range; Page 54 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Compatibility Design Review\K. Compatibility Design Review 3-3-17.docx  Address of the subject site and general location;  Size of property in feet and acres;  Zoning district;  Plat book and page number; and  Subdivision, unit, lot and block, and metes and bounds description. 9. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included:  Legal description;  Property identification number;  Section, township and range; and  Subdivision, unit, lot and block, or metes and bounds description. 10. Zoning information, including adjacent zoning and land use. 11. Soil and/or groundwater sampling results, as described in LDC section 5.05.15 G.6; 12. The approved Intent to Convert application, as described in LDC section 5.05.15 C.1; and 13. The SOM Report, as described in LDC section 5.05.15 C.3. 14. A narrative describing how the applicant has complied with the criteria in LDC sections 5.05.15 F.3, including:  A list of examples depicting how each criterion is met;  A brief narrative describing how the examples meet the criterion; and  Illustration of the examples on the conceptual development plan that are described above. Completeness and Processing of Application The Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days prior to the hearing in a newspaper of general circulation. The advertisement shall include at a minimum  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Page 55 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Compatibility Design Review\K. Compatibility Design Review 3-3-17.docx 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days prior to the advertised public hearings. Public Hearing 1. The Planning Commission shall hold at least 1 advertised public hearing. 2. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following a recommendation by the Planning Commission. Review Process Staff will prepare a staff report consistent with LDC section 5.05.15 F and schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission’s review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated Page 56 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 12 | Acronyms Chapter 12. Acronyms A – Rural Agricultural Zoning District ACOE – Army Corps of Engineers ACP – Agricultural Clearing Permit ACSC – Area of Critical State Concern ADT – Average Daily Trips ASI – Area of Significant Influence BCC – Board of Collier County Commissioners BD – Boat Dock Petition BMUD – Bayshore Drive Mixed Used District BP – Business Park District BZA – Board of Zoning Appeals C-1 – Commercial Professional General Office District C-2 – Commercial Convenience District C-3 – Commercial Intermediate District C-4 – General Commercial District C-5 – Heavy Commercial District CCME – Conservation and Coastal Management Element CCPC – Collier County Planning Commission CCSL(P) – Coastal Construction Setback Line (Permit) CDD – Community Development District CEB – Code Enforcement Board CF – Community Facility CIE – Capital Improvement Element CIP – Capital Improvement Program CMO – Corridor Management Overlay C.O. – Certificate of Occupancy CON – Conservation Zoning District CRD – Compact Rural Development CSP – Conceptual Site Plan CU – Conditional Use DBH – Diameter at Breast Height DEO – Department of Economic Opportunity D.O. – Development Order DRI – Development of Regional Impact DSWT – Dry Season Water Table E – Estates Zoning District EAC – Environmental Advisory Council EIS – Environmental Impact Statement EPA – Environmental Protection Agency EXP – Excavation Permit FAC – Florida Administrative Code FDEP – Florida Department of Environmental Protection FDOT – Florida Department of Transportation FFWCC – Florida Fish & Wildlife Conservation Commission FIAM – Financial Impact Analysis Module FIHS – Florida Interstate Highway System FLUCFCS - Land Use Cover and Forms Classification System FLUE – Future Land Use Element FLUM – Future Land Use Map FP – Final Plat FS – Florida Statutes FSA – Flow way Stewardship Area GC – Golf Course GGAMP – Golden Gate Area Master Plan GGPPOCO – Golden Gate Pkwy Professional Office Commercial Overlay District GMP – Growth Management Plan GPCD – Gallons Per Capita per Day GT – Gopher Tortoise GWP – Ground Water Protection Zone GZO – Goodland Zoning Overlay HSA – Habitat Stewardship Area I – Industrial Zoning District ICBSD – Immokalee Central Business Subdistrict LDC – Land Development Code LOS – Level of Service LPA – Local Planning Agency LSPA – Littoral Shelf Planting Area M/F – Multi-family Use or Zoning MH – Mobile Home MHO – Mobile Home Overlay MLW – Mean Low Water MPP – Manatee Protection Plan NBMO – North Belle Meade Overlay NC – Neighborhood Commercial District NRPA – Natural Resource Protection Area O.C. – On Center P – Public Use District PPL – Plans and Plat PSI – Pounds Per Square Inch PSP – Preliminary Subdivision Plat PUD – Planned Unit Development RSF – Residential Single-Family Districts RCW – Red Cockaded Woodpecker RFMU – Rural Fringe Mixed Use District RLS – Request for Legal Service RLSA(O) – Rural Lands Stewardship Area (Overlay) RMF – Residential Multi-Family Districts RNC – Residential Neighborhood Commercial Subdistrict Page 57 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 12 | Acronyms R.O.W. – Right of Way RSF – Residential Single-Family SBCO – Santa Barbara Commercial Overlay District SBR – School Board Review SDP – Site Development Plan S/F – Single Family Use/Zoning SFWMD – South Florida Water Management District SIP – Site Improvement Plan SLR – Sound Level Reduction SOM – Stakeholder Outreach Meeting SRA – Stewardship Receiving Area SSA – Stewardship Sending Area ST – Special Treatment Zoning Overlay ST-NAR – Special Treatment-Natural Aquifer Recharge SWFRPC – Southwest Florida Regional Planning Council TCEA – Transportation Concurrency Exception Areas TCMA – Transportation Concurrency Management Areas TDR – Transfer of Development Rights TP – Turtle Permit TTRVC – Travel Trailer Recreational Vehicle Campground USFWS – United States Fish & Wildlife Service VOB – Vehicle on the Beach Permit VR – Village Residential Zoning District VRP – Vegetation Removal Permit VRSFP – Vegetation Removal & Site Fill Permit W – Waterfront District WRA – Water Retention Area (within RLSA) Page 58 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 13 | Glossary Chapter 13. Glossary Addressing Checklist An addressing checklist is a form that must be signed by a member of the Addressing Staff. This form indicates the petition type, the legal description, folio/property identification number, the street address, location information, and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website, on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Division Department, including their representative or agent. Applicant Contact Information The applicant contact information should include, but not limited to the following:  Applicant/owner or agent’s: o Name; o Address; o Phone number; o Email address; and o The name of the firm where the agent is employed, if applicable. Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of architecture. Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and who practices principally in the design and construction of public works or infrastructure. Collier County Code of Laws & Ordinances The general codification of the general and permanent ordinances of Collier County, Florida. The Code of Laws and Ordinances is available online at www.municode.com. Electronic Copies of all Documents An electronic version of all plans and documents, in PDF or Word format, on a CDROM as part of the submittal package. Landscape Architect A person who holds a license to practice landscape architecture in the State of Florida under the authority of F.S. Chapter 481, Part II. Land Development Code (LDC) The Collier County Land Development Code 2004-41. The LDC is available online at www.municode.com. Mailed Notice  See LDC section 10.03.05 B. NIM  See LDC section 10.03.05 A. Page 59 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 13 | Glossary Newspaper Advertisement  See LDC section 10.03.05 C. Official Zoning Atlas The map that shows the location and boundaries of the zoning districts established by the LDC section 2.02.01. Planner A person who is certified by the American Institute of Certified Planners (AICP). Proof of Ownership A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The application shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). Property Identification Number The folio number that identifies a property or the parcels that are assigned by the Collier County Property Appraiser. Property Owner The owner of the property that is subject to an application for development approval, or the designated agent or attorney. Property Owners in the Notification Area Persons or entities who own property in the area that are subject to a mailed written notice of a hearing, pursuant to LDC subsection 10.03.05 B.,  See Chapter 8 of the Administrative Code for additional information. PUD Ordinance and Development Commitment Information The following list of documents and materials shall be provided for the following land use applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning & Zoning Department Division shall review the PUD materials concurrent with all applicable land use applications. 1.PUD ordinance and any amendments. 1.A copy of the latest approved agreements. 2.An itemized list of all commitments identified within the agreement/ordinance and a corresponding detailed status report of the commitments. 3.Notarized affidavit from the owner/authorized agent that certifies all commitments within the agreements or PUD are compliant or not applicable at this time, or that work identified in the application being submitted fulfills the outstanding commitments. 4.An up to date site drawing illustrating (except for DRIs): All on-site and off-site infrastructure identified as a commitments which have been completed or are pending such as turn lanes, entrance lighting signalization, right-of-way dedication, water management, well fields, conservation easements, sidewalks, interconnections, etc. Other information as may be required by the County Manager or designee that is consistent with the monitoring of agreements and PUD ordinances. Page 60 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 13 | Glossary Sign  See LDC section 10.03.05 D. Stakeholder Outreach Meeting Public outreach meetings required for the conversion of golf courses to non-golf course uses pursuant to LDC section 5.05.15.  See Chapter 8 F of the Administrative Code for additional information. Page 61 1. Pre-Applicaon Meeng 2.A. Intent to Convert Applicaon submied 2.B. Intent to Convert Applicaon reviewed by staff 3.C Intent to Convert Applicaon idenfied by staff as sufficient to proceed with public out-reach 4.B.i Stakeholder Out-reach Meeng 1 4.B.ii Stakeholder Out-reach Meeng 2 4.A.i Mailed Noce for SOMs 4.B.iii Web based visual survey (web address on Mailed Noce) 5. SOM Report submied to staff Rezone appli-caon PUD applica-on SRA Amend-ment applica-on Compability Design Re-view applica-on 3.D.i. Posng of Signage regarding conversion of golf course 3.D.ii. Mailed Noce regarding conversion of golf course Flowchart for LDC secon 5.05.15 Golf Course Conversions 4.A.ii Newspaper adver-sement Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Public Comments Regarding Amendments to LDC sections 2.03.06, 2.03.09, 3.05.07, 5.05.15, and 10.03.06 for Golf Course Conversions Name: Valerie O. Star Contact Information: (630) 951-8832 Affiliation: Evergreen Golf Course Resident Valerie O. Star, a resident of the Lakewood Villas provided a letter to County staff, a letter to Lakewood Community residents, a site plan depicting a potential conversion of the golf course, and images of the open space and wildlife views from her home on January 17, 2017. Here comments, which include a series of wildlife and open space images can be found here: http://www.colliergov.net/currentldcas The letter to County Staff identifies that rezoning the Lakewood Golf Course, known as Evergreen Golf Course, would have several results: Impacts to the wildlife species that utilize the golf course and stormwater lakes, Increased traffic congestion in the community due to increased density, and Increased potential for flooding during the rainy season. Staff Notes: The LDC amendment for golf course conversions requires the submittal of environmental, stormwater and traffic data prior to the Stakeholder Outreach Meetings and includes minimum open space and preservation requirements. This will ensure that residents surrounding the golf course will be aware of potential changes impacting these aspects of the golf course early in the design phases of a golf course conversion project. Page 77 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 6.05.01 Water Management Requirements 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes (new section) CHANGES: This amendment expands the requirement for a stormwater plan for all new buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and duplexes. Currently, only those lots that exceed the maximum lot coverage or impervious area are required to submit a stormwater plan. This amendment removes the maximum lot coverage, requires a stormwater plan on all lots and increases the impervious area thresholds for when an engineered plan is required. Exceptions to the requirement for stormwater plans are provided for lots in the Rural Agricultural (A) zoning district that are outside the coastal urban area and Immokalee urban area, and for lots within a project that has been permitted by the South Florida Water Management District (SFWMD) for Surface Water Management or Environmental Resource Protection. The amendment establishes two types of stormwater plans as described in Tables 1 and 2 below: Table 1. Type I Stormwater Plans. Required for: Type I Stormwater Plans shall demonstrate: Lots with 40 percent or less impervious area. 1. The direction of stormwater discharges. 2. Compliance with design standards for retaining walls, French drains, stormwater pipes, gutters and downspouts. 3. The location, dimension, and setbacks of septic systems, if applicable. Lots in the Estates district with 25 percent or less impervious area. Lots in RSF-1 or Rural Agricultural (A) districts in the urban area with 30 percent or less impervious area. Lots that discharge directly into a waterbody that is downstream of the last control structure (regardless of impervious area). Page 78 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 2 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Table 2. Type II Stormwater Plans. Required for: Type II Stormwater Plans shall demonstrate: Lots with more than 40 percent impervious area. 1. Compliance with all Type I Stormwater Plan criteria. 2. Water quantity calculations to accommodate the runoff from the area exceeding the Type II Stormwater Plan thresholds from a 5-year 1-day storm. 3. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. 4. Certification of compliance by the engineer. Lots in the Estates district with more than 25 percent impervious area. Lots in RSF-1 or Rural Agricultural (A) districts in the urban area with more than 30 percent impervious area. Lots that discharge directly into a waterbody that is upstream of the last control structure (regardless of impervious area). Additionally, the amendment establishes Type I and Type II Stormwater Plans as the tool for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8). A new application process for stormwater plans is also established in the Administrative Code. REASON: History The current standards in LDC section 6.05.01 F were created in 2007 to address impacts associated with large homes on small lots in conventional zoning districts. At that time, it was determined that lots exempt from obtaining a SFWMD permit were designed to accommodate a typical amount of lot coverage or impervious area. Therefore, it was determined that when a large home exceeds the typical lot coverage or impervious area for that neighborhood, the home may result in impacts to neighboring properties or the local stormwater system. As a result, a requirement to provide a stormwater plan was established to address stormwater runoff from lots with a greater than average percentage of lot coverage or impervious area. In 2013, the Development Services Advisory Committee (DSAC) reviewed the stormwater plan requirements in this section. At that time, they identified that the maximum lot coverage and impervious areas are disproportionately limiting on Estates lots and recommended that an LDC amendment address the lot coverage and impervious area thresholds. The amendment was then added to the prioritized list of LDC amendments and approved by the Board of County Commissioners. Following DSAC’s discussion of these standards, staff conducted additional research and found several other areas for improvement in the current program as described in the following sections. Staff Research Staff analyzed data from lot coverage reviews that occurred during a one-year period from June 2015 to June 2016. Staff members who regularly perform lot coverage reviews also identified common problems with stormwater plan submittals and the current standards. As a result, staff has Page 79 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 3 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx proposed changes to address not only disparities in the current thresholds, but also to resolve several issues related to other elements of stormwater plans: Thresholds Analysis of the current thresholds confirmed that the maximum lot coverage and maximum impervious area percentages do not apply consistently as lot sizes increase. Additionally, this analysis has demonstrated that the percentage of lot coverage/impervious area allowed is inconsistent once lot sizes exceed 53,000 square feet. Figure 1 demonstrates how the allowed lot coverage and impervious areas change as lot sizes increase. For small lots, the maximum allowed lot coverage begins at 25 percent and the maximum allowed impervious area begins at 40 percent. However, larger lots are limited to a maximum lot coverage and impervious area of less than 5 percent. Figure 1. Percent of Allowed Lot Coverage and Impervious Area at Varying Lot Sizes. Common problems LDC section 6.05.01 F is intended to address impacts associated with stormwater runoff flowing onto neighboring properties. However, the current standards do not adequately protect against the possibility for stormwater impacts. For properties that do not exceed the existing thresholds, no review is performed when improvements are made to the property to ensure stormwater does not flow to neighboring properties. However, even lots with a low percentage of lot coverage and impervious area have the potential to impact their neighbors through site grading changes, slopes or new structures near the property line, and other site features. For lots that exceed the existing lot coverage or impervious area thresholds, while retention or detention of stormwater is required, the current standards still do not adequately protect against the possibility for stormwater impacts. There are no criteria related to berms or slopes near the impacted area and there is no requirement for runoff to physically connect to the retention area. This means that although a retention area may be provided, there is no guarantee that the retention captures any of the runoff from impervious areas on site or that other site features won’t result in a change in flow patterns and create stormwater impacts on neighboring properties. Page 80 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 4 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Moreover, there are some types of impervious surfaces that are not required to obtain a permit and therefore may not be counted toward the maximum impervious area. However, any impervious surfaces still have the potential to change stormwater runoff patterns. Exemptions Several exemptions are provided in the current standards. One of these allows an additional 3 percent (up to a maximum of 1,000 square feet) lot coverage or impervious area for first time additions only. However, this additional lot coverage is not exempt during subsequent additions. This means that if a stormwater plan is required for future additions, retention will then be required for the area that was previously exempt from the standards. Another exemption applied to lot coverage and impervious area reviews is for additions less than 400 square feet. Additions less than 400 square feet are not reviewed, even when the maximum lot coverage or impervious area has already been exceeded. The nexus for both of these exemptions is not clear and they could allow for stormwater impacts to occur, therefore, there are no size exemptions in the proposed amendment. Approval process Lot coverage and impervious area calculations are currently only required when on site retention is required. As a result, property owners submitting a building permit may not be aware how much impervious area is on their lot until they have exceeded the thresholds. This can make thoughtful planning of the lot difficult for property owners. This difficulty is compounded when separate permits for a home and pool are submitted simultaneously. In some cases, one permit may indicate a stormwater plan is required, while the other does not. This can be confusing for property owners and again makes planning the development of the lot unpredictable. With this in mind, staff believes the current process does not effectively communicate stormwater plan requirements to property owners. For these reasons, the proposed amendment more clearly defines when stormwater plans are required, how they should be prepared, and other procedural considerations. The new Administrative Code section proposed in Appendix A is also intended to more clearly define the approval process for stormwater plans. Other communities Staff reviewed lot coverage and stormwater management requirements for single-family dwellings, two-family dwellings, and duplexes in 15 other communities and municipalities throughout Florida. Three characteristics of stormwater management were common in other communities: 1. Maximum lot coverage percentages and stormwater management applicability is based on zoning districts, rather than lot sizes, in nearly all communities reviewed. 2. When stormwater management is required, standards are established for all lots, rather than just those exceeding the maximum percentage of lot coverage or impervious area. 3. Other communities do not allow lots to exceed lot coverage or impervious area maximums. As a result of this review of stormwater management in other communities, it is proposed that the thresholds that require a stormwater plan now apply differently to several zoning districts. This Page 81 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 5 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx change reflects differences in land use and development trends in each district. Additionally, due to this review and other staff findings described above, it is proposed that stormwater plans are required for all lots, with some exceptions. Proposed Standards Over the course of six Development Services Advisory Committee-Land Development Review (DSAC-LDR) Subcommittee meetings in 2016, staff collaborated with subcommittee members and stakeholders to review the current standards, identify goals for the amendment, and develop the standards included in this amendment. The following sections describe the changes proposed in this amendment. Goals of the current amendment Based on DSAC’s 2013 input and the findings in the additional research outlined above, staff identified several goals for the current amendment:  Eliminate the inequity of the current applicability thresholds.  Provide better justification for the standards.  Provide stormwater management for runoff on all lots.  Create a program that is more predictable for property owners and increase communication between reviewers and applicants. These goals are aimed at preventing detrimental impacts both on site and on adjacent properties and will apply stormwater management standards more fairly throughout the entire county. Applicability This amendment maintains the current applicability to all lots with single -family and two-family dwellings, and duplexes. The current exemption for lots with a permit from the SFWMD for surface water management or environment resource protection is maintained, however, an exemption is added for non-urban agriculturally zoned lots. Stormwater plans are currently only required when the lot coverage or impervious area exceeds the thresholds in Table 6.05.01 F. This amendment removes Table 6.05.01 F and adds a requirement for one of two types of stormwater plans for all lots, based only on impervious area thresholds specific to each zoning district. The characteristics of each stormwater plan are described in more detail in Tables 1 and 2 above, and the following sections. This change is made in response to staff’s experience that drainage issues are not only associated with a high percentage of impervious area. Staff has found that due to updated building requirements, new construction is required to use more fill to build to a higher flood elevation than in the past. In these cases, the fill pad, slopes, and other site grading can have an impact on a neighborhood’s drainage patterns even when the total impervious area is low. Therefore, a stormwater plan is necessary on all lots to ensure that drainage from new homes or additions does not create detrimental impacts on the subject property or adjacent properties. However, the requirements for stormwater plans for lots with low impervious area is designed to be less onerous than for lots with high impervious area. Therefore, a Type I Stormwater Plan is established for lots with relatively lower impervious areas and a Type II Stormwater Plan is established for properties Page 82 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 6 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx with high impervious areas to ensure stormwater runoff does not result in detrimental impacts on site or to adjacent properties. Plan submittal Property owners will continue to submit stormwater plans concurrently with a building permit, consistent with the current submittal requirements. The stormwater plan submittal process is also described in more detail in the proposed Administrative Code section in Appendix A. Stormwater plan thresholds The proposed amendment uses impervious area thresholds to determine whether a Type I or Type II Stormwater Plan is required. In urban areas, where lot sizes are typically small, the DSAC-LDR Subcommittee found that the current threshold for lots under 11,000 square feet is appropriate for the urban area and, based on staff’s research, ensures that a majority of property owners in the urban area will not exceed the threshold. As a result, a Type I Stormwater Plan is required for lots with 40 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 40 percent impervious area. On lots in Estates zoning districts, where the DSAC-LDR Subcommittee found that the current impervious area thresholds are disproportionately limiting, a Type I Stormwater Plan is required for lots with 25 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 25 percent impervious area. Currently many lots in the Estates are required to provide a stormwater plan with lot coverage and impervious areas of less than 10 percent. The DSAC-LDR Subcommittee reviewed staff’s research and aerials of existing sites in the Estates and determined that lots with 25 percent or less impervious area represent appropriate impervious areas for Estates lots and should not require stormwater calculations. On lots in RSF-1 zoning districts and Rural Agricultural (A) zoning in the urban areas, a Type I Stormwater Plan is required for lots with 30 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 30 percent impervious area. This threshold reflects that RSF-1 lots and Rural Agricultural (A) zoned lots in the urban areas are frequently larger than other typical urban lots and sometimes have unique infrastructure constraints. Finally, lots that discharge directly into a waterbody downstream of the last control structure may submit a Type I Stormwater Plan regardless of the impervious area on the lot. These waterbodies are uncontrolled and tidally affected, therefore, discharges will not result in stormwater runoff impacts to neighboring properties. However, for lots discharging directly into a controlled waterbody, upstream of the last control structure, a Type II Stormwater Plan must be submitted, regardless of the impervious area on the lot. These discharges have the potential to impact neighboring properties or the stormwater system and require some retention or detention before discharging into the waterbody. Criteria for Type I Stormwater Plans: Lots required to submit a Type I Stormwater Plan have a comparatively lower percentage of impervious area. As a result, Type I Stormwater Plans are the least complex type of stormwater plan. These plans are required to demonstrate that stormwater will be directed to appropriate Page 83 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 7 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx locations without impacting neighboring properties. While on-site retention may be provided on lots with a Type I Stormwater Plan, no on-site retention is required. The Type I Stormwater Plan criteria allow for a wide range of methods to address stormwater. On some sites, the stormwater plan may require more drainage infrastructure to direct stormwater to appropriate locations, while other sites may simply require grading of the site to meet the stormwater plan criteria. As a result, the amendment allows either a Florida registered design professional (such as architects, landscape architects, or engineers), a certified contractor, or owner builder to design the stormwater plan. Type I Stormwater Plans are required to demonstrate:  The direction of stormwater discharges. This criterion ensures that stormwater runoff is directed away from neighbors and allows stormwater runoff to discharge to one or more of the following: o An existing surface water management system.- o A drainage conveyance system, such as swales or underground storm sewer systems. o On-site retention or detention areas. o A waterbody downstream of the last control structure.  Outfalls to a waterbody must also demonstrate that they will not result in erosion of soil, and if an orifice is used, will be allowed through a minimum 3-inch orifice. Also, the soil adjacent to the discharge area shall be stabilized.  Compliance with several design standards. o Retaining wall setbacks. To allow for maintenance of retaining walls, a six-inch setback from the property line is required. o Retention calculations for French drains. When French drains are used, a 40 percent void ratio shall be used in retention calculations. o Stormwater pipe specifications. If used, stormwater pipes shall not be metal. This standard is intended to prevent pipe installations with relatively short life spans. o Gutter and downspout standards in 6.05.01 C. This requirement ensures that downspouts are not pointed toward neighboring properties when a structure is located 10 feet or less from a property line. It should be noted additional requirements for downspouts can be found in Florida Statutes Chapter 381.0065(4)(s), which also requires that downspouts are directed away from the septic system drainfield, if one is located on the property.  The location, dimension, and setbacks of septic systems. If a septic system is present or proposed on the property, this criteria ensures that the design and location of stormwater management and septic systems is coordinated throughout the development of the property. Criteria for Type II Stormwater Plans: Lots that are required to submit a Type II Stormwater Plan have comparatively higher percentages of impervious area and may require a more detailed design. These plans are also required to Page 84 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 8 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx demonstrate that stormwater will be directed to appropriate locations without impacting neighboring properties. Due to the increased complexity of Type II Stormwater Plans and the requirement for volumetric calculations for a design storm, this amendment requires that Type II Stormwater Plans shall be designed by a professional engineer licensed in the state of Florida. Type II Stormwater Plans are required to demonstrate:  Compliance with all Type I Stormwater Plan criteria. The Type I Stormwater Plan criteria are designed to ensure stormwater runoff does not impact neighboring properties. These criteria also apply to Type II Stormwater Plans.  An engineer’s analysis including: o Water quantity calculations for a 5-year, 1-day storm event (the same design storm event used in the current standards). Retention for the storm event is required for the impervious area in excess of the thresholds for Type II Stormwater Plans only. The DSAC-LDR Subcommittee determined that this storm event provides adequate protection when applied to the area exceeding impervious area thresholds. There is no requirement for water quality calculations included in this standard. o A matrix of all required separation distances. This requirement will ensure that the location of wells, drainfield systems, and stormwater retention or detention areas are coordinated.  Certification of Compliance. The engineer is required to submit a certification of compliance prior to inspections. Stormwater plans will be inspected during the 800 series inspections for building permits. This is the same process used to inspect current stormwater plans. Application requirements Application requirements for stormwater plans are established in the Administrative Code and are designed to ensure that staff is provided with enough information to determine that appropriate methods are used to direct discharge off site or to retain water on site. Inspection and maintenance The proposed amendment identifies an inspection schedule and maintenance requirements for stormwater plans. Stormwater plans will be submitted with the building permit and will be inspected by the County at the time of the building permit inspections and prior to the issuance of a certificate of occupancy or certificate of completion, as applicable. Once approved, the property owner is responsible for maintaining the site grading and drainage (such as the swales, French drains, grates, etc.) in accordance with the approved stormwater plan. Since some types of site work and impervious surfaces are not required to obtain a permit, this section also notifies property owners that changes to the property, whether or not a permit is required, shall not modify the site in a manner that will prevent the site from continuing to drain in accordance with the approved stormwater plans. Page 85 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 9 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Violations The amendment also proposes to establish stormwater plans as the tool for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8) which states: “…Subsequent to the construction of a single-family residence on the respective lot (parcel of land), it shall be a violation of this article to cause ‘additional surface water’ to run onto any real property owned by another landowner by filling, grading or otherwise raising the elevation of the respective water source single family residence lot…” Staff is frequently called upon to investigate stormwater management issues on lots that were developed prior to the establishment of the stormwater plan requirements. These types of violations occur for a number of reasons including the addition of fill or slopes near the property line. Therefore, this change will ensure that property owners and staff have a method to demonstrate compliance with the Code of Laws. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: No changes, approved unanimously on November 29, 2016. DSAC RECOMMENDATIONS: No changes, approved unanimously on December 7, 2016. PLANNING COMMISSION RECOMMENDATIONS: No changes, approved unanimously on January 30, 2017. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: Collier County Code of Laws and Ordinances section 90-41 (f)(8) Florida Statutes Chapter 381.0065(4)(s) GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 12/1/16. Amend the LDC as follows: 6.05.01 Water Management Requirements 1 A complete stormwater management system shall be provided for all areas within the 2 subdivision or development, including lots, streets, and alleys. 3 A. The system design shall meet the applicable provisions of the current County codes and 4 ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 5 Administrative Code, and any other affected state and federal agencies' rules and 6 regulations in effect at the time of preliminary subdivision plat submission. Water 7 management areas will be required to be maintained in perpetuity according to the 8 Page 86 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 10 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx approved plans. Water management areas not maintained will be corrected according to 1 approved plans within 30 days. 2 B. Where stormwater runoff from outside the subdivision or development historically 3 passes on, over, or through areas of the subdivision or development, such runoff shall 4 be included in the stormwater system design. The system shall be designed for long life, 5 low cost maintenance by normal methods and provide for optimal on-site detention of 6 stormwater runoff and groundwater recharge in accordance with applicable County and 7 SFWMD regulations. 8 C. Any structure with an outside wall which is closer than 10 feet from a side property line 9 shall install properly sized (minimum twenty-four-square inch cross-section) gutters and 10 downspouts to direct stormwater away from neighboring properties and toward front 11 and/or rear swales or retention/detention areas. 12 D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches 13 or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve 14 water quality retention for residential subdivisions. Rear yard open retention systems 15 shall likewise not be designed to achieve water quality retention on projects submitted 16 after January 1, 2002. All retention systems for projects designed after January 1, 2002, 17 shall be on common property owned and maintained by a homeowners' association or 18 similar entity. 19 E. Any canal which forms a part of the public water management system shall be dedicated 20 for care and maintenance per the requirements of the governmental agency which has 21 jurisdiction. Canals located entirely within the subdivision and which do not form a part 22 of the public water management system shall be dedicated to the public, without the 23 responsibility for maintenance, as a drainage easement. A maintenance easement, of a 24 size acceptable to the County Manager or designee or other governmental agency with 25 maintenance responsibility, shall be provided adjacent to the established drainage 26 easement, or the drainage easement created must be of a size suitable for the 27 proposed canal and its maintenance. 28 F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family 29 Dwelling Units and Duplexes. 30 1. Applicability. Any application for a building permit to allow the development or 31 redevelopment of a single-family or two-family dwelling or duplex submitted 32 after July 1, 2008, except for the following conditions: 33 a. Any application within the boundaries of development projects that have: 34 (1) been permitted by the South Florida Water Management District for 35 Surface Water Management or Environmental Resource Protection and 36 (2) have a central surface water management collection, storage, 37 treatment and discharge system; 38 b. A one-time addition is allowed for certain sized homes, as set forth below; 39 or 40 c. An application accompanied by a stormwater management plan, signed 41 and sealed by a registered Florida Professional Engineer. 42 Table 6.05.01 F. 43 Lot Size Lot Coverage Impervious Area Coverage Under 11,000 sq. ft. 25% 40% 11,000 sq. ft. to 52,999 sq. ft. and 100 ft. or greater in width 2,750 sq. ft. +5% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +5% of area in excess of 11,000 sq. ft. 11,000 sq. ft. to 52,999 sq. ft. and less than 100 ft. in width 2,750 sq. ft. +2% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +2% of area in excess of 11,000 sq. ft. Page 87 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 11 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 53,000 sq. ft. and over 4,850 sq. ft. +3% of area in excess of 53,000 sq. ft. 6,500 sq. ft. +2% of area in excess of 53,000 sq. ft. 1 2. The maximum allowable ratio of lot coverage and impervious area coverage to 2 the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied 3 by an engineer's analysis as specified below. 4 a. The site drainage analysis shall include water quality calculations to 5 SFWMD standards and water quantity calculations done to accommodate 6 the runoff, from area in excess of the above ratio, from a 5-year 1-day 7 storm and shall include a percolation test done by a qualified engineer or 8 technician. If the site will use a drainfield/septic tank for sewage 9 treatment/disposal, the wet season water table calculations for drainage 10 must match that used for the drainfield design. 11 b. The application site plan shall list all required separation distances 12 between wells, drainfield systems, and stormwater retention/detention 13 areas. The calculations may be done on the site plan or may be in a 14 separate Engineer's report, but must be signed and sealed by the 15 Engineer. 16 c. The water surface area of swimming pools and ponds is not considered 17 as impervious area for the purposes of the calculations in Table 6.05.01 18 F. 19 3. A one-time addition to an existing residence will be allowed after July 1, 2008. 20 The addition will be limited to 3 percent of the lot area up to a maximum of 1,000 21 square feet as long as that one-time addition does not exceed the area in Table 22 6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet. 23 GF. The design of the stormwater management system shall fully incorporate the 24 requirements of the Interim Watershed Management regulations of LDC section 3.07.00. 25 HG. Street grades. Street grades must be determined in relation to the drainage facilities 26 for the subdivision and must not exceed four percent nor be less than 0.3 percent, 27 unless otherwise approved by the County Manager or designee pursuant to section 28 10.02.04 of the LDC. Street grades must be shown on the development plans by 29 direction and percent of fall on the road profiles. 30 IH. Rainfall and runoff criteria. The system must be designed for "design floods" resulting 31 from rain storms and antecedent conditions for all system components in accordance 32 with current Collier County and South Florida Water Management District criteria. 33 1. Runoff coefficients. Existing land usage will be considered for the selection of 34 proper runoff coefficients within the drainage basins involved, whether within the 35 subdivision or development or not. 36 2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater 37 retention system for on-site water management must be designed and shall be 38 consistent with other ordinances or regulations of Collier County, the state or the 39 region. All lakes will be set back from abutting roadways or intersections 40 pursuant to the design standards established in sections 22-106 through 22-119 41 of the Code of Laws and Ordinances. 42 JI. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be 43 permanently maintained, practicably and legally. Outfalls to existing waterways, canals, 44 preserve or conservation areas, lakes or storm sewers will be acceptable provided it can 45 be demonstrated through a professional engineering study to the County Manager or 46 designee that such receiving systems have adequate capacity to receive the proposed 47 quantity and quality of the additional flow. 48 Page 88 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 12 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 1. Side ditches or swales along public or private roads shall not be accepted as 1 suitable positive outfalls except as may be specifically accepted under the 2 provisions of the LDC by the County Manager or designee and by the Florida 3 Department of Transportation, if applicable. The storage of stormwater runoff in 4 other existing or proposed ditches or swales within a public or private right-of-5 way will be permitted for volume storage when approved under South Florida 6 Water Management District design criteria, but will not be utilized to satisfy the 7 stormwater storage (quality) requirements of a development's master water 8 management system. 9 KJ. Major waterway. Improvement or establishment of major waterways and canals will be 10 developed in full accord with applicable stormwater management criteria. Engineering 11 data, criteria, and suitable calculations shall be submitted to the County Manager or 12 designee prior to approval of construction plans. 13 1. Roadways over major waterways will be structures approved by the County 14 Manager or designee, sized to maintain flow capacity, designed to assure long 15 life and minimal maintenance. Construction must meet all current Florida 16 Department of Transportation Standard Specifications for Road and Bridge 17 Construction, as amended, unless otherwise approved by the County Manager or 18 designee pursuant to section 10.02.04 of the LDC. 19 LK. Outfall ditches and open channels. Unless otherwise approved by the County Manager 20 or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to 21 one will be allowed. Protection against scour and erosion will be provided as required by 22 the County Manager or designee. 23 ML. Roadside swales. 24 1. Design. In the interest of preserving the existing natural groundwater levels, 25 roadways will not be designed so as to cause the significant lowering of the water 26 levels existing in the area prior to development. Roadside swales and ditches 27 may be permitted within street rights-of-way where the use of roadside swales 28 can be justified to the County Manager or designee through a written report 29 prepared by the applicant's professional engineer. Swales, where permissible, 30 will have side slopes no steeper than four to one and they will not be utilized to 31 satisfy the stormwater quality (volume) requirements of a project's master water 32 management system. Where flow velocities in excess of four feet per second are 33 anticipated, urban right-of-way sections will be required. 34 2. Erosion protection. All unpaved areas within the permanent right-of-way must 35 be provided with permanent erosion protection, such as native vegetation or 36 turf. Swale ditches shall be sodded a lateral distance extending from the road 37 pavement to the top of the swale ditch backslope. Where valley guttered sections 38 are used for drainageways, turf protection must be placed from the edge of the 39 gutter to the outer limits of the right-of-way. If seeding is utilized, then mulching 40 in accordance with the Florida Department of Transportation standards will be 41 required. Additionally, if seeding and mulching are utilized, then a strip of sod one 42 foot wide will be placed along the face of the pavement or curb section and over 43 the invert of any approved swale section within the runoff flowway. All swales 44 subject to erosion velocities will have adequate erosion protection in the form of 45 riprap or other applicable like methods. 46 3. Driveways across swale ditches. Driveways across permitted swale ditches 47 must have placed beneath them drainage pipes of adequate size and type 48 approved by the County Manager or designee, based on the capacity 49 requirements calculated by the applicant's professional engineer for the 50 development's master water management system. 51 Page 89 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 13 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx NM. Street drainage. Street drainage within the road right-of-way through grassed swales 1 will be permitted for rural cross sections only except where velocities in excess of four 2 feet per second are anticipated. The flow from these swales or other types of drainage 3 facilities will be diverted to natural percolation areas, artificial seepage basins or 4 artificial lakes of at least sufficient capacity to comply with the criteria of Collier County 5 and the South Florida Water Management District. Other equally effective methods of 6 returning cleansed waters to the aquifer will be acceptable upon prior review and 7 approval by the County Manager or designee. 8 1. Existing natural lakes may be used as detention areas provided that they have 9 adequate storage capacity and that pretreatment measures approved by the 10 County Manager or designee are taken to prevent pollutant matter from entering 11 the lake. Positive outfall drainage facilities will be provided away from all 12 percolation areas, seepage basins, detention areas and artificial lakes to handle 13 the runoff from storms which exceed the required design storm event in duration 14 and/or severity. 15 ON. Percolation areas. The actual area required will depend on the percolation rate for the 16 soils at the specific site and the manner in which the site is developed in accordance 17 with Collier County and South Florida Water Management District criteria. 18 1. Underground drainage. Where drainage plans provide for, or it is so directed by 19 the County Manager or designee, the collection of stormwater in underground 20 pipes, inlets and other appurtenances for conveyance to an intermediate or 21 ultimate outfall, the following minimum design criteria will be observed: 22 a. The minimum pipe used within a publicly maintained stormwater 23 collection system will be 15 inches in diameter. 24 b. Inlets will be spaced at such intervals and in such a manner to allow for 25 the acceptance of 100 percent of the ten-year, one-hour storm runoff. 26 c. The distance between terminating and intermediate structures must not 27 exceed those required by the Florida Department of Transportation, 28 pursuant to Florida Department of Transportation Drainage Manual, 29 Volumes 1—4 (1987 edition or latest revision). 30 d. The stormwater, underground collection system, must be so designed 31 that the elevation of the hydraulic gradient during a ten-year, one-hour 32 storm event is never higher than the crown elevation of any publicly 33 maintained roadway in the system. 34 e. The pipes must be designed to minimize sediment deposits. 35 f. The pipe materials must meet the requirements set forth in sections 36 943—948 inclusive of the current edition of the Florida Department of 37 Transportation Standard Specifications for Road and Bridge Construction. 38 Only concrete pipe or other pipe materials approved by the County 39 Manager or designee may be used in tidal or salt waters. 40 g. All drainage pipes must be fitted with headwalls, endwalls, inlets and 41 other appropriate terminating and intermediate structures. 42 PO. Stormwater disposal. The method of ultimate disposal of stormwaters will be dependent 43 upon the soil characteristic underlying the development or subdivision. All stormwaters 44 will be subjected to treatment for the removal of petroleum residues, oils, suspended 45 solids and other pollutants found in stormwater runoff. The method of treatment will be 46 determined by the applicant's professional engineer responsible for the preparation of 47 the stormwater management plans and specifications, and will be subject to the approval 48 of the County Manager or designee and the concerned state agencies. 49 # # # # # # # # # # # # # 50 51 Page 90 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 14 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, 1 and Duplexes 2 A. Purpose. The purpose of this section is to manage stormwater runoff on lots with 3 single-family dwelling units, two-family dwelling units, or duplexes in order to 4 prevent detrimental impacts on site or to adjacent properties. This section is also 5 designed to provide criteria for demonstrating compliance with Collier County Code of 6 Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term 7 impervious area shall include roofed buildings, concrete and asphalt pads, cool deck 8 (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. 9 Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), 10 mulch, pavers without limerock base, and unlined pond area. 11 B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single-12 family dwellings, two-family dwellings, or duplexes with the following exceptions: 13 1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee 14 Urban Area Overlay district and outside the coastal urban designated area as 15 established in the Future Land Use Map. 16 2. Lots that have received a Surface Water Management or Environmental 17 Resource Protection permit from the South Florida Water Management District. 18 C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an 19 application for a building permit for any of the following: 20 1. Type I Stormwater Plans. 21 a. New structures, additions, pools, or decks on lots with 40 percent or 22 less impervious area, or as described in the following zoning districts: 23 i. RSF-1 zoned lots with 30 percent or less impervious area. 24 ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 25 Overlay district or within the coastal urban designated area as 26 established in the Future Land Use Map with 30 percent or less 27 impervious area. 28 iii. Estates zoned lots with 25 percent or less impervious area. 29 b. New structures, additions, pools, or decks on lots that discharge directly 30 to a waterbody downstream of the last control structure, whether or not 31 the lot exceeds the impervious area thresholds in LDC section 6.05.03 32 C.1.a above. 33 2. Type II Stormwater Plans. 34 a. New structures, additions, pools, or decks on lots with more than 40 35 percent impervious area, or as described in the following zoning 36 districts: 37 i. RSF-1 zoned lots with more than 30 percent impervious area. 38 ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 39 Overlay district or within the coastal urban designated area as 40 established in the Future Land Use Map with more than 30 41 percent impervious area. 42 iii. Estates zoned lots with more than 25 percent impervious area. 43 b. New structures, additions, pools, or decks on lots that discharge directly 44 to a waterbody upstream of the last control structure, whether or not the 45 lot exceeds the impervious area thresholds in LDC section 6.05.03 46 C.2.a above. 47 D. Stormwater plan criteria. 48 1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida 49 registered design professional, licensed contractor or owner builder. The Type I 50 Stormwater Plan shall demonstrate the following: 51 Page 91 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 15 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx a. Stormwater runoff. Discharges from the impacted area shall be directed 1 into one or more of the following: 2 i. An existing surface water management system. 3 ii. A drainage conveyance system, such as swales or underground 4 storm sewer systems. 5 iii. On-site retention or detention areas. The bottom of retention or 6 detention areas shall be above the wet season water table. 7 iv. A waterbody downstream of the last control structure. Stormwater 8 discharges to a waterbody shall not result in erosion of soil. 9 Discharges may be allowed through an orifice with a minimum 10 size of 3 inches and the soil adjacent to the discharge area shall 11 be stabilized. For lots discharging directly to waterbodies 12 upstream of the last control structure, see LDC section 6.05.03 13 D.2. 14 b. Design standards. 15 i. Retaining walls shall be set back six inches from the property line, 16 if applicable. 17 ii. Stone in French drains shall be calculated with a 40 percent void 18 ratio, if applicable. 19 iii. Stormwater pipes, if used, shall not be metal. 20 iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 21 if applicable. 22 c. The location, dimension, and setbacks of septic systems, if applicable. 23 2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a 24 professional engineer licensed in the state of Florida. The Type II Stormwater 25 Plan shall demonstrate the following: 26 a. Stormwater runoff. Discharges from the impacted area shall be directed 27 into one or more of the following: 28 i. An existing surface water management system. 29 ii. A drainage conveyance system, such as swales or underground 30 storm sewer systems. 31 iii. On-site retention or detention areas. The bottom of retention or 32 detention areas shall be above the wet season water table. 33 iv. A waterbody. Stormwater discharges directly to a waterbody shall 34 not result in erosion of soil. Discharges may be allowed through 35 an orifice with a minimum size of 3 inches and the soil adjacent to 36 the discharge area shall be stabilized. 37 b. Design standards. 38 i. Retaining walls shall be set back six inches from the property line, 39 if applicable. 40 ii. Stone in French drains shall be calculated with a 40 percent void 41 ratio, if applicable. 42 iii. Stormwater pipes, if used, shall not be metal. 43 iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 44 if applicable. 45 c. The location, dimension, and setbacks of septic systems, if applicable. 46 d. An engineer’s analysis that demonstrates the following: 47 i. Water quantity calculations by a qualified engineer or technician 48 that demonstrate the ability to accommodate the runoff from the 49 area exceeding the applicable threshold in LDC section 6.05.03 C 50 from a 5-year 1-day storm. 51 Page 92 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 16 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx ii. A matrix of all required separation distances between wells, 1 drainfield systems, and stormwater retention/detention areas. The 2 calculations may be done on the site plan or may be in a separate 3 engineer's report, but the site plan must be signed and sealed by 4 a professional engineer licensed in the state of Florida. 5 e. A certification of compliance shall be submitted to the County by the 6 engineer prior to an inspection. 7 E. Application submittal requirements. The Administrative Code shall establish the 8 submittal requirements for stormwater plans. 9 F. Inspection and maintenance. 10 1. Inspection. The subject property shall be inspected by the County prior to 11 issuance of a certificate of occupancy or certificate of completion, as applicable, 12 for consistency with the approved stormwater plan. 13 2. Maintenance. The property owner shall maintain site grading and drainage (e.g. 14 swales, French drains, grates, etc.) in accordance with the approved stormwater 15 plan. Future changes to impervious area or site grading shall not modify the site 16 in a manner that will prevent continued drainage of the site as shown on the 17 approved stormwater plan, whether or not a permit is required for an 18 improvement. 19 G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90-20 41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a 21 stormwater plan shall be submitted that demonstrates the additional flow of surface 22 water has been eliminated. The subject property shall be inspected by the County to 23 determine if the violation has been resolved. 24 # # # # # # # # # # # # # 25 Page 93 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Administrative Code\M. Stormwater Plans 3-6-17.docx M. Stormwater Plan Reference LDC subsection 6.05.03. Applicability This process applies to single-family dwellings, two-family dwellings, and duplexes that meet the applicability criteria established in LDC section 6.05.03. This process may also be used to demonstrate compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8) as described in LDC section 6.05.03 G. Pre-application A pre-application meeting is not required. Initiation The applicant submits a Type I or Type II Stormwater Plan as part of the Building Permit application or when required by the Code Enforcement Board or Special Magistrate to demonstrate compliance with Collier County Code of Laws and Ordinances section 90- 41(f)(8). Application Contents Submittal Credentials: A Type I Stormwater Plan, as described below, shall be prepared by a Florida registered design professional, licensed contractor, or owner builder. A Type II Stormwater Plan, as described below, shall be prepared by a professional engineer licensed in the state of Florida. The name and contact information of the person who prepared the drainage plan shall be included on the document. Type I and Type II Stormwater Plan applications must include the following: 1. Applicant contact information. 2. Property information, including:  Address of the subject property;  Zoning of the subject property; and  Description of the proposed activity. 3. The Stormwater Plan shall demonstrate the following:  Property boundaries;  Lot area;  Finished floor elevation of the subject property, as needed;  Elevation of adjacent properties at the property line and representative elevations of the subject site throughout the impacted area, as needed;  Location and area of all surfaces that prevent the percolation or absorption of water into the ground on the site;  Septic system location and dimensions, if applicable;  Location of existing topographical features, such as, watercourses, drainage ditches, lakes, marshes, if applicable;  Proposed drainage directional arrows;  Location and type of all drainage infrastructure, if applicable; Page 94 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Administrative Code\M. Stormwater Plans 3-6-17.docx  Square feet of retention or detention areas, if applicable;  Depth of retention or detention areas in inches, if applicable;  Cross-sections illustrating proposed grading and drainage infrastructure, including but not limited to: berms, walls, swales, pipes, gutters and downspouts, or other drainage facilities as needed to demonstrate compliance with LDC section 6.05.03; and  Elevation of the wet season water table in the impacted area if detention or retention is proposed; In addition to the application contents above, Type II Stormwater Plans must include an engineer’s analysis that demonstrates the following:  Water quantity calculations required in LDC section 6.05.03 D.2;  A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The matrix may be included as a part of the site plan or on a separate engineer’s report; and  The wet season water table elevation. 4. Any additional information related to the subject site, impervious areas, or drainage requested by the County Manager or designee. Completeness and Processing The Planning & Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Stormwater Plan will be reviewed by the Planning & Zoning Division as a part of the Building Permit application or a code enforcement case. Updated Page 95 Public Comments Regarding Amendments to LDC sections 6.05.01 and 6.05.03 for Stormwater Plans Name: Sean McCabe Contact Information: (239) 262-0304 ext. 267 Affiliation: Conservancy of Southwest Florida In comments provided by email on October 13, 2016, the Conservancy requested the following additions to the amendment: The purpose statement should include preventing detrimental impacts to downstream water resources from stormwater runoff. Encourage and incentivize Low Impact Development design. Include volumetric specifications of a 1 hour 5 year storm event with an additional ½ inch treatment volume in areas discharging to Outstanding Florida Waterbodies or impaired waterbodies. Include a requirement for 85 percent nutrient removal efficiency for any BMPs used. Require connectivity of runoff to onsite stormwater management areas. In comments provided by email on November 8, 2016, the Conservancy reiterated that water quality criteria should be included for all stormwater plans due to significant cumulative impacts of development in the Naples Bay watershed over time. Page 96 DRAFT 3/15/17 Page 1 of 25 Words struck through are deleted, words underlined are added ORDINANCE NO. 17 - ____ 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, 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, MORE SPECIFICALLY, TO ADD USES TO THE LIST OF PERMITTED AND CONDITIONAL USES IN THE GOLF COURSE (GC) ZONING DISTRICT; CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as DRAFT 3/15/17 Page 2 of 25 Words struck through are deleted, words underlined are added amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2016; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on March 14, 2017 and March 28, 2017, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: DRAFT 3/15/17 Page 3 of 25 Words struck through are deleted, words underlined are added 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. DRAFT 3/15/17 Page 4 of 25 Words struck through are deleted, words underlined are added 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.06 Planned Unit Development Districts * * * * * * * * * * * * * H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the process established in LDC section 5.05.15 prior to converting to another use. DRAFT 3/15/17 Page 5 of 25 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS Section 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.09 Open Space Zoning Districts A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district is to provide lands for golf courses, recreational uses, and normal accessory uses to golf courses, including certain uses of a commercial nature. Recreational uses should be compatible in scale and manner with residential land uses. The GC district shall be in accordance with the urban mixed use district and the agricultural/rural mixed use district of the future land use element of the Collier County GMP. All uses shall be subject to design standards established in LDC section 5.05.15 H, and other applicable LDC standards. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the GC district. a. Permitted uses. 1. Golf courses. 2. Hiking trails, walkways, multi-use paths and observation decks. 3. Passive recreation areas. 4. Disc golf. b. Accessory U uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2. Recreational facilities that serve as an integral part of a golf course the permitted use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3. Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. DRAFT 3/15/17 Page 6 of 25 Words struck through are deleted, words underlined are added 4. Restaurants, associated with a golf course, with a seating capacity of 150 seats or less provided that the hours of operation are no later than 10:00 p.m. 5. A maximum of two residential dwellings units for use by golf course employees in conjunction with the operation of the golf course. 6. Golf mMaintenance buildings. c. Conditional uses. The following uses are permissible as conditional uses in the GC district, subject to the standards and provisions established in LDC section 10.08.00. 1. Commercial establishments oriented to the golf course permitted uses of the district including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. 2. Cemeteries and memorial gardens. 3. Equestrian facilities, including any trails, no closer than 500 feet to residential uses. 4. Museums. 5. Water related activities, including non-motorized boating, boat ramps, docks, and fishing piers. 6. Courts, including bocce ball, basketball, handball, pickle ball, tennis, and racquetball. 7. Neighborhood fitness and community centers. 8. Parks and playgrounds. 9. Pools, indoor or outdoor. 10. Botanical gardens. 11. Any other recreational use which is compatible in nature with the foregoing uses as determined by the Hearing Examiner or Board of Zoning Appeals, as applicable. * * * * * * * * * * * * * DRAFT 3/15/17 Page 7 of 25 Words struck through are deleted, words underlined are added SUBSECTION 3.___. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 3.05.07 Preservation Standards * * * * * * * * * * * * * H. Preserve standards. 1. Design standards. * * * * * * * * * * * * * e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. * * * * * * * * * * * * * i. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: * * * * * * * * * * * * * (e) When small isolated areas (of less than ½ acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of ½ acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, DRAFT 3/15/17 Page 8 of 25 Words struck through are deleted, words underlined are added regardless of the size of the project. Created preserves may exceed the ½ acre size limitation for golf course conversion applications in accordance with LDC section 5.05.15. * * * * * * * * * * * * * SUBSECTION 3.___. ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES Section 5.05.15 Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: Section 5.05.15 Conversion of Golf Courses A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of golf course conversion on real property by requiring outreach with stakeholders during the design phase of the conversion project and specific development standards to ensure compatibility with the existing land uses. For the purposes of this section, property owners within 1,000 feet of a golf course shall hereafter be referred to as stakeholders. 1. Stakeholder outreach process. The intent is to provide a process to cultivate consensus between the applicant and the stakeholders on the proposed conversion. In particular, this section is designed to address the conversion of golf courses surrounded, in whole or in part, by residential uses or lands zoned residential. 2. Development standards. It is the intent of the specific development standards contained herein to encourage the applicant to propose a conversion project with land uses and amenities that are compatible and complementary to the existing neighborhoods. Further, the applicant is encouraged to incorporate reasonable input provided by stakeholders into the development proposal. B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments, and Compatibility Design Review petitions, hereafter collectively referred to as “conversion applications,” shall be subject to LDC section 5.05.15. A conversion application shall be required when an applicant seeks to change a constructed golf course to a non-golf course use. However, where a permitted, accessory, or DRAFT 3/15/17 Page 9 of 25 Words struck through are deleted, words underlined are added conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H. 1. Zoning actions. This section applies to a golf course constructed in any zoning district where the proposed use is not permitted, accessory, or conditional in the zoning district or tract for which a zoning change is sought. Zoning actions seeking a PUD rezone shall be subject to the minimum area requirements for PUDs established in LDC section 4.07.02; however, the proposed PUD shall not be required to meet the contiguous acres requirement so long as the PUD rezone does not include lands other than the constructed golf course subject to the conversion application. 2. Stewardship Receiving Area Amendments. This section applies to a golf course constructed on lands within a Stewardship Receiving Area where the proposed use is not permitted, accessory, or conditional in the context zone for which the change is sought. 3. Compatibility Design Review. This section applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Area that utilize a non-golf course use which is a permitted, accessory or conditional use within the existing zoning district or designation. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00. C. Application process for conversion applications. 1. Intent to Convert application. The applicant shall submit an “Intent to Convert” application to the County prior to submitting a conversion application. The following is required of the applicant: a. Application. The Administrative Code shall establish the procedure and application submittal requirements, including: a title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property; the Developer’s Alternatives Statement, as provided for below; and the public outreach methods to be used to engage stakeholders at the Stakeholder Outreach Meetings, as established below. b. Public Notice. The applicant shall be responsible for meeting the requirements of LDC section 10.03.06. 2. Developer’s Alternatives Statement requirements. The purpose of the Developer’s Alternatives Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant’s development options and DRAFT 3/15/17 Page 10 of 25 Words struck through are deleted, words underlined are added intentions. It is intended to encourage communication, cooperation, and consensus building between the applicant, the stakeholders, and the County. b. Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The DAS shall address, at a minimum, the three alternatives noted below. The alternatives are not intended to be mutually exclusive; the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project. i. No conversion: The applicant shall examine opportunities to retain all or part of the golf course. The following considerations are to be assessed: a) Whether any of the existing property owners’ association(s) reasonably related to the golf course are able to purchase all or part of the golf course; and b) Whether any of the existing property owners’ association(s) and/or any new association reasonably related to the golf course can coordinate joint control for all or part of the golf course. ii. County purchase: The applicant shall coordinate with the County to determine if there is interest to donate, purchase, or maintain a portion or all of the property for a public use, such as a public park, open space, civic use, or other public facilities. This section shall not require the County to purchase any lands, nor shall this require the property owner to donate or sell any land. iii. Conceptual development plan: The applicant shall prepare one or more proposed conceptual development plans, consistent with the development standards established in LDC section 5.05.15 G, depicting the proposed conversion. The applicant shall share the conceptual development plan with the stakeholders at the Stakeholder Outreach Meetings as described below. The conceptual development plan shall include a narrative describing how the plan implements and is consistent with the goals and objectives identified in the DAS. The conceptual development plan shall depict the retained and proposed land uses, including residential, non-residential, and preserve areas; existing and DRAFT 3/15/17 Page 11 of 25 Words struck through are deleted, words underlined are added proposed roadway and pedestrian systems; existing and proposed trees and landscaping; and the proposed location for the greenway, including any passive recreational uses. The narrative shall identify the intensity of the proposed land uses; how the proposed conversion is compatible with the existing surrounding land uses and any methods to provide benefits or mitigate impacts to the stakeholders. Visual exhibits to describe the conceptual development plan and amenities, including the greenway, shall also be provided. 3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs are intended to engage the stakeholders early in the conversion project and inform the applicant as to what the stakeholders find important in the neighborhood, what the stakeholders consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned County planner shall attend the SOM and observe the process. The following is required of the applicant: a. The Administrative Code shall establish the procedure and application submittal requirements. b. The applicant shall conduct a minimum of two in-person SOMs and a minimum of one web-based visual survey on the proposed conceptual development plan(s). The web-based survey web address shall be incorporated in the mailings notifying the stakeholders of the in-person SOMs. c. At the SOMs, the applicant shall provide information to the stakeholders about the purpose of the meeting, including a presentation on the goals and objectives of the conversion project, the conceptual development plan, the greenway concept, and the measures taken to ensure compatibility with the existing surrounding neighborhood. A copy of the full Developer’s Alternative Statement shall also be made available at each SOM. The applicant shall facilitate discussion on these topics with the stakeholders using one or more public outreach method(s) identified in the Administrative Code. d. SOM report for conversion applications. After completing the SOMs the applicant shall prepare a SOM report. The report shall include a list of attendees, a description of the public outreach methods used, photos DRAFT 3/15/17 Page 12 of 25 Words struck through are deleted, words underlined are added from the meetings demonstrating the outreach process, results from outreach methods, and copies of the materials used during the SOMs. The applicant shall also include a point-counterpoint list, identifying input from the stakeholders and how and why it was or was not incorporated in the conversion application. The report shall be organized such that the issues and ideas provided by the stakeholders are clearly labeled by the applicant in the list and the conversion application. 4. Conversion application procedures. An applicant shall not submit a conversion application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the Intent to Convert application is deemed completed by County staff and the SOMs are completed. Thereafter, the applicant may proceed by submitting a conversion application with the County as follows: a. Zoning actions. For projects subject to 5.05.15 B.1., the applicant shall file a PUDA or rezone application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM. b. Stewardship Receiving Area Amendments. For projects subject to 5.05.15 B.2., the applicant shall file a Stewardship Receiving Area Amendment application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM. c. Compatibility Design Review. For projects subject to 5.05.15 B.3., the applicant shall file a Compatibility Design Review application, including the SOM report. D. Criteria and staff report for conversion applications. In addition to the requirements established in LDC sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff report shall evaluate the following: 1. Whether the applicant has met the requirements established in this section and development standards in the LDC. In particular, that the proposed design and use(s) of the greenway, as applicable, meet the purpose as described 5.05.15 G.2. 2. Whether the SOM report and point-counterpoint list described above reflect the discussions that took place at the SOMs. DRAFT 3/15/17 Page 13 of 25 Words struck through are deleted, words underlined are added 3. Whether the applicant incorporated reasonable input provided by the stakeholders to address impacts of the golf course conversion on stakeholders’ real property. 4. Whether the applicant provided an explanation as to why input from the stakeholders was not incorporated into the conceptual development plan. E. Supplemental review and approval considerations for zoning actions and Stewardship Receiving Area Amendments. The report and recommendations of the Planning Commission and Environmental Advisory Council, if applicable, to the Board shall show the Planning Commission has studied and considered the staff report for conversion applications, reasonable input from the stakeholders, the criteria established in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give attention to the design of the greenway and how it mitigates impacts to real property. Further attention shall be given to who can use the greenway. The Board shall consider the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and recommendation. F. Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is intended to address the impact of golf course conversion on real property by requiring the conceptual development plan to be reviewed for compatibility with the existing surrounding uses. The following is required: 1. Application. The Administrative Code shall establish the submittal requirements for the compatibility design review application. 2. Public Notice. The applicant shall be responsible for meeting the requirements of LDC section 10.03.06. 3. Compatibility Design Review. The Planning Commission shall review the staff report as described in 5.05.15 D, the Compatibility Design Review application, and make a recommendation to the Board based on the following criteria: a. Whether the applicant has met the applicable requirements established in this section and reasonably addressed the concepts identified in LDC section 5.05.15 D.2. – D.4. b. Whether the conceptual design is compatible with the existing surrounding land uses. c. Whether a view of open space is provided that mitigates impacts to real property for the property owners that surround the golf course. DRAFT 3/15/17 Page 14 of 25 Words struck through are deleted, words underlined are added d. Whether open space is retained and available for passive recreation. 4. The Board shall consider the criteria in LDC section 5.05.15 F.3., above, the staff report and the Planning Commission report and approve, approve with conditions, or deny the application. Upon approval of the application, the applicant shall obtain approval of any additional required development order, such as a SDP, construction plans, or conditional use. G. Development standards. The following are additional minimum design standards for zoning actions and Stewardship Receiving Area Amendments. The Compatibility Design Review process shall only be subject to LDC section 5.05.15 G.6. 1. Previously approved open space. Golf course acreages utilized to meet the minimum open space requirements for a previously approved project shall be retained as open space and shall not be included in open space calculations for any subsequent conversion projects. 2. Greenway. The purpose of the greenway is to retain an open space view for stakeholders, support passive recreational uses, and support existing wildlife habitat. For the purposes of this section the greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such as: open space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf courses, exercise equipment, and multi-use paths. The Board may approve other passive recreational uses that were vetted at the Stakeholder Outreach Meetings. The greenway shall not include required yards (setbacks) of any individual lots. a. The greenway shall be contiguous to the existing residential properties surrounding the golf course and generally located along the perimeter of the proposed development. The Board may approve an alternative design that was vetted at the Stakeholder Outreach Meetings, as provided for in LDC section 5.05.15 C.3. b. A minimum of 35 percent of the gross area of the conversion project shall be dedicated to the greenway. The greenway shall have a minimum average width of 100 feet and no less than 75 feet at any one location. c. Maintenance of the greenway shall be identified through the zoning or and Stewardship Receiving Area Amendment process. d. The greenway may be counted towards the open space requirement for the conversion project as established in LDC section 4.02.00 except as noted in G.1. above. DRAFT 3/15/17 Page 15 of 25 Words struck through are deleted, words underlined are added e. Existing trees and understory (shrubs and groundcover) shall be preserved and maintained within the greenway, except where minimal improvements are needed that provide a passive recreational use. At a minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet within the greenway. Existing trees may count toward the ratio; however, trees within preserves shall be excluded from the ratio. f. A wall or fence is not required between the greenway and the proposed development; however, should a wall or fence be constructed, the fence shall provide habitat connectivity to facilitate movement of wildlife in and around the greenway. g. A portion of the greenway may provide stormwater management; however, the greenway shall not create more than 30 percent additional lake area than exists pre-conversion in the greenway. Any newly developed lake shall be a minimum of 100 feet wide. h. The applicant shall record a restrictive covenant in the County’s official records describing the use and maintenance of the greenway as described in the zoning action or SRA Amendment. 3. Preserve requirements. The following preserve standards supplement those established in LDC section 3.05.07. a. Where small isolated areas (of less than ½ acre in size) of native vegetation (including planted areas) exist on site they may be consolidated into a created preserve that may be greater than ½ acre in size in the aggregate to meet the preserve requirement. b. Existing County approved preserve areas shall be considered as follows: i. Golf courses within a conventional zoning district. All County approved preserve areas shall be retained and may be utilized to meet the preserve requirements for the conversion project. ii. Golf courses within a PUD. All County approved preserve areas shall be retained. Preserve areas in excess of the PUD required preserve acreage may be used to meet the preserve requirement for the conversion project. 4. Stormwater management requirements. The applicant shall demonstrate that the stormwater management for the surrounding uses will be maintained at an equivalent or improved level of service. This shall be demonstrated by a pre versus post development stormwater runoff analysis. DRAFT 3/15/17 Page 16 of 25 Words struck through are deleted, words underlined are added 5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain compensation shall be provided. 6. Soil and/or groundwater sampling. In addition to the soil and/or ground water sampling requirements established in LDC section 3.08.00 A.4.d., the applicant shall conduct soil and/or groundwater sampling for the pollutants as follows: managed turf, chemical storage/mixing areas, and maintenance areas (i.e. equipment storage and washing areas, fueling and fuel storage areas) shall be tested for organophosphate, carbamate, triazine pesticides, and chlorinated herbicides. In addition, maintenance areas, as described above, shall be tested for petroleum products. The County shall notify the Department of Environmental Protection where contamination exceeding applicable Department of Environmental Protection standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 7. All other development standards. The conversion of golf courses shall be consistent with the development standards in the LDC, as amended. Where conflicts arise between the provisions in this section and other provisions in the LDC, the more restrictive provision shall apply. H. Design standards for lands converted from a golf course or for a permitted use within the GC zoning district shall be subject to the following design standards. 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the SOMs and the public hearings, as applicable. 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a minimum average 50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS DRAFT 3/15/17 Page 17 of 25 Words struck through are deleted, words underlined are added Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 6.05.01 Water Management Requirements * * * * * * * * * * * * E. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family Dwelling Units and Duplexes. 1. Applicability. Any application for a building permit to allow the development or redevelopment of a single-family or two-family dwelling or duplex submitted after July 1, 2008, except for the following conditions: a. Any application within the boundaries of development projects that have: (1) been permitted by the South Florida Water Management District for Surface Water Management or Environmental Resource Protection and (2) have a central surface water management collection, storage, treatment and discharge system; b. A one-time addition is allowed for certain sized homes, as set forth below; or c. An application accompanied by a stormwater management plan, signed and sealed by a registered Florida Professional Engineer. Table 6.05.01 F. Lot Size Lot Coverage Impervious Area Coverage Under 11,000 sq. ft. 25% 40% 11,000 sq. ft. to 52,999 sq. ft. and 100 ft. or greater in width 2,750 sq. ft. +5% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +5% of area in excess of 11,000 sq. ft. DRAFT 3/15/17 Page 18 of 25 Words struck through are deleted, words underlined are added 11,000 sq. ft. to 52,999 sq. ft. and less than 100 ft. in width 2,750 sq. ft. +2% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +2% of area in excess of 11,000 sq. ft. 53,000 sq. ft. and over 4,850 sq. ft. +3% of area in excess of 53,000 sq. ft. 6,500 sq. ft. +2% of area in excess of 53,000 sq. ft. 2. The maximum allowable ratio of lot coverage and impervious area coverage to the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied by an engineer's analysis as specified below. a. The site drainage analysis shall include water quality calculations to SFWMD standards and water quantity calculations done to accommodate the runoff, from area in excess of the above ratio, from a 5 -year 1-day storm and shall include a percolation test done by a qualified engineer or technician. If the site will use a drainfield/septic tank for sewage treatment/disposal, the wet season water table calculations for drainage must match that used for the drainfield design. b. The application site plan shall list all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate Engineer's report, but must be signed and sealed by the Engineer. c. The water surface area of swimming pools and ponds is not considered as impervious area for the purposes of the calculations in Table 6.05.01 F. 3. A one-time addition to an existing residence will be allowed after July 1, 2008. The addition will be limited to 3 percent of the lot area up to a maximum of 1,000 square feet as long as that one-time addition does not exceed the area in Table 6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet. G F. The design of the stormwater management system shall fully incorporate the requirements of the Interim Watershed Management regulations of LDC section 3.07.00. (**ALL REMAINING SUBSECTIONS TO BE RE-LETTERED ACCORDINGLY**) * * * * * * * * * * * * * DRAFT 3/15/17 Page 19 of 25 Words struck through are deleted, words underlined are added SUBSECTION 3.___. ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes A. Purpose. The purpose of this section is to manage stormwater runoff on lots with single-family dwelling units, two-family dwelling units, or duplexes in order to prevent detrimental impacts on site or to adjacent properties. This section is also designed to provide criteria for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term impervious area shall include roofed buildings, concrete and asphalt pads, cool deck (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), mulch, pavers without limerock base, and unlined pond area. B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single- family dwellings, two-family dwellings, or duplexes with the following exceptions: 1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee Urban Area Overlay district and outside the coastal urban designated area as established in the Future Land Use Map. 2. Lots that have received a Surface Water Management or Environmental Resource Protection permit from the South Florida Water Management District. C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an application for a building permit for any of the following: 1. Type I Stormwater Plans. a. New structures, additions, pools, or decks on lots with 40 percent or less impervious area, or as described in the following zoning districts: i. RSF-1 zoned lots with 30 percent or less impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as DRAFT 3/15/17 Page 20 of 25 Words struck through are deleted, words underlined are added established in the Future Land Use Map with 30 percent or less impervious area. iii. Estates zoned lots with 25 percent or less impervious area. b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody downstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.1.a above. 2. Type II Stormwater Plans. a. New structures, additions, pools, or decks on lots with more than 40 percent impervious area, or as described in the following zoning districts: i. RSF-1 zoned lots with more than 30 percent impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as established in the Future Land Use Map with more than 30 percent impervious area. iii. Estates zoned lots with more than 25 percent impervious area. b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody upstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.2.a above. D. Stormwater plan criteria. 1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida registered design professional, licensed contractor or owner builder. The Type I Stormwater Plan shall demonstrate the following: a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: i. An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody downstream of the last control structure. Stormwater discharges to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum DRAFT 3/15/17 Page 21 of 25 Words struck through are deleted, words underlined are added size of 3 inches and the soil adjacent to the discharge area shall be stabilized. For lots discharging directly to waterbodies upstream of the last control structure, see LDC section 6.05.03 D.2. b. Design standards. i. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. c. The location, dimension, and setbacks of septic systems, if applicable. 2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a professional engineer licensed in the state of Florida. The Type II Stormwater Plan shall demonstrate the following: a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: i. An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody. Stormwater discharges directly to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum size of 3 inches and the soil adjacent to the discharge area shall be stabilized. b. Design standards. i. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. DRAFT 3/15/17 Page 22 of 25 Words struck through are deleted, words underlined are added c. The location, dimension, and setbacks of septic systems, if applicable. d. An engineer’s analysis that demonstrates the following: i. Water quantity calculations by a qualified engineer or technician that demonstrate the ability to accommodate the runoff from the area exceeding the applicable threshold in LDC section 6.05.03 C from a 5-year 1-day storm. ii. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate engineer's report, but the site plan must be signed and sealed by a professional engineer licensed in the state of Florida. e. A certification of compliance shall be submitted to the County by the engineer prior to an inspection. E. Application submittal requirements. The Administrative Code shall establish the submittal requirements for stormwater plans. F. Inspection and maintenance. 1. Inspection. The subject property shall be inspected by the County prior to issuance of a certificate of occupancy or certificate of completion, as applicable, for consistency with the approved stormwater plan. 2. Maintenance. The property owner shall maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the approved stormwater plan. Future changes to impervious area or site grading shall not modify the site in a manner that will prevent continued drainage of the site as shown on the approved stormwater plan, whether or not a permit is required for an improvement. G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90- 41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a stormwater plan shall be submitted that demonstrates the additional flow of surface water has been eliminated. The subject property shall be inspected by the County to determine if the violation has been resolved. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS DRAFT 3/15/17 Page 23 of 25 Words struck through are deleted, words underlined are added Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions * * * * * * * * * * * * * V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.5. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the DRAFT 3/15/17 Page 24 of 25 Words struck through are deleted, words underlined are added property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web-based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. DRAFT 3/15/17 Page 25 of 25 Words struck through are deleted, words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality: __________________________ Scott A. Stone Assistant County Attorney 04-CMD-01077/____ (3/15/17) Naples Daily News Friday, March 17, 2017 15A, NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, March 28, 2017, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: 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, 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, MORE SPECIFICALLY, TO ADD USES TO THE LIST OF PERMITTED AND CONDITIONAL USES IN THE GOLF COURSE (GC) ZONING DISTRICT; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Cam- cAr"do FL6H6e ti c .ar All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite #401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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 a the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) March 17, 2017 ND -1513186