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Resolution 2021-143 RESOLUTION NO. 2021- 1 43 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013-57, TO CHANGE THE TIMING OF THE SOIL AND/OR GROUNDWATER SAMPLING RESULTS FOR GOLF COURSE CONVERSIONS AND TO INCREASE THE MAILED PUBLIC NOTIFICATION DISTANCE REQUIREMENT FOR LAND USE PETITIONS WITHIN THE RURAL AND URBAN GOLDEN GATE ESTATES OF THE GOLDEN GATE AREA MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. [PL20200002512 AND PL20200002505] WHEREAS, the Board of County Commissioners adopted Ordinance No. 2013-57 on September 24, 2013 to establish an Administrative Code; and WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B", the Administrative Code for Land Development, which shall be maintained by the County Manager or designee; and WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain the Administrative Code for Land Development shall be made by resolution adopted by the Board; and WHEREAS, the Board desires to revise the Administrative Code for Land Development, to change the timing of the soil and/or groundwater sampling results for golf course conversions and to increase the mailed public notification distance requirement for land use petitions within the Rural and Urban Golden Gate Estates of the Golden Gate Area Master Plan; as detailed in Exhibit"A" attached hereto and incorporated herein; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, is hereby amended as reflected in Exhibit"A" attached hereto and incorporated herein. This Resolution shall become effective on the date of adoption by the Board. [20-LDS-00112/1640839/1]24 Page 1 of 2 6-7-21 2)41 THIS RESOLUTION ADOPTED by majority vote this I-1/day of lit , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE COUNTY, FLORIDA B,• _ By: ':eputy Clerk Penny Ta or, Chairman A st as 1 signr Approved as to form and legality: (14 1 I HFAC Heidi F. Ashton-Cicko 6-9-21 Managing Assistant County Attorney Attachments: Exhibit "A": Chapter 3, Section K, Compatibility Design Review; Chapter 4, Section N, Intent to Convert Application for Golf Course Conversions; Chapter Eight, Public Notice-Generally, Contents, Categories of Notice, and Notice Recipients, Section C [20-LDS-00112/1640839/1]24 Page 2 of 2 6-7-21 EXHIBIT A Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing K. Compatibility Design Review Reference LDC sections 5.05.15,and LDC Public Notice section 10.03.06. C*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 A pre-application meeting is required. Meeting 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. C7>See Chapter4 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 The application must include the following: Contents 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; 1 of 10 6/8/2021 EXHIBIT A Text underlined is new text to be added Text ctrikethro nh is ent text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing • Property identification number; • Section,township, and range; • 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,if available, as described in LDC section 3.08.00 A.4.d.and 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 The Zoning Division will review the application for completeness.After submission of the Processing of completed application packet accompanied with the required fee,the applicant will Application 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. G.See Chapter 8 of the Administrative Code for additional notice information. 2 of 10 6/8/2021 EXHIBIT A Text underlined is new text to be added Text ctrikethre nh is nt text to he deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 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. 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 3 of 10 6/8/2021 Text underlined is new text to be added Text atrikethrn gL.is ent text to be.deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures N. Intent to Convert Application for Golf Course Conversions Reference LDC sections 5.05.15,and LDC Public Notice section 10.03.06. q 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 The application must include the following: Contents 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; 4 of 10 6/8/2021 Text underlined is new text to be added Text strikethreugh in ent text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures • 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'A 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,if available,as described in LDC section 3.08.00 A.4.d.and 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 In addition to the application contents above,the following must also be Contents Required submitted with the Intent to Convert application and used during SOM for Presentations at presentations: SOMs 1. The Developer's Alternatives Statement as described in LDC section 5.05.15 C, including: 5 of 10 6/8/2021 Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures • 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): ■ The proposed location of passive recreational uses; 6 of 10 6/8/2021 Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures ■ 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 After submission of the completed application packet accompanied with the Processing of required fee,the applicant will receive an electronic response notifying the Application applicant that the petition is being processed.Accompanying that response will 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. Notice for the After the Intent to Convert application has been submitted, notice is required to Intent to Convert inform stakeholders of a forthcoming golf course conversion application. Application However, no mailing is required if the applicant chooses to withdraw the Intent 7 of 10 6/8/2021 Text underlined is new text to be added Text strikcthrough is current text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures to Convert application. C=>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. Notice of application for intent to convert [golf course name]to[brief description of the project]. To access materials for the Stakeholder Outreach Meeting and participate in the web-based visual survey, visit [user- friendly URL]. 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. Review Process The Zoning Division will review the Intent to Convert application and identify whether additional materials are needed. Updated 8 of 10 6/8/2021 Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 8 public Notice— Generally, Contents, Categories of Notice, and Notice Recipients C. Mailed Notice Applicability For applicable land use petitions,a mailed notice shall be as follows. Notice Mailed written notices shall be sent by regular mail to property owners in the notification Requirements area listed below. Names and addresses of property owners shall be those listed on the latest ad valorem tax rolls of the County.The County must send mailed notice at least 15 days before the hearing for all applications,except as identified in the Administrative Code. The applicant must provide a copy of the list of all parties noticed by the required notification deadline to the Planning&Zoning Department staff. The written notice must include: Date,time, and location of the NIM meeting or public hearing; Description of the proposed land uses;and 2 in.x 3 in. map of the project location. For a conditional use, rezoning, PUD, PUD extension,or variance,the notice must also include: • A clear description of the proposed land uses; • A clear description of the applicable development standards; • Intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects; • A clear description of the institutional or recreational uses when part of the development strategy;and • The substance of the proposed ordinance or resolution(rezoning only). For a site plan with deviations for redevelopment projects,the notice must also include: • The type of deviation sought. The clerk to the BCC will make a copy of all notices available for public inspection during the regular business hours. Recipients of Property owners in notification area are described below and shall be based on the latest Mailed Written tax rolls of Collier County and any other persons or entities who have formally requested Notice notification from the County: 4 Urban The notification area includes: designated area of 1. All property owners within 500 feet of the property lines of the the future land use subject property or one mile of the property lines of the subject element of the property if located within the areas designated in the Urban growth Golden Gate Estates Sub-Element of the Golden Gate Master management plan Plan. 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property,the 9 of 10 6/8/2021 Text underlined is new text to be added Text ctrikethrough is current text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 8 Public Notice— Generally, Contents, Categories of Notice, and Notice Recipients 500 foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is%mile(2,640 feet)from the subject property,except for areas designated in the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan. 4 All other areas The notification area includes: 1. All property owners within 1,000 feet of the property lines of the subject property. For areas designated in the Rural Golden Gate Estates Sub-Element of the Golden Gate Master Plan, notices shall be sent to all property owners within one mile of the property lines of the subject property. 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property,the 1,000 foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is%mile(2,640 feet)from the subject property,except for areas designated in the Rural Golden Gate Estates Sub-Element of the Golden Gate Master Plan. 4Associations Notification shall also be sent to property owners and condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified.A list of such organizations shall be provided and maintained by the County, but the applicant must bear the responsibility of insuring all parties are notified. Updated 10 of 10 6/8/2021