Planning Advisory Board

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. It is noted for the record that all: 1) documentation electronically appended hereto is also contained in the file for this meeting with the City Clerk’s Office; 2) experts who testified during quasi-judicial hearings were accepted as qualified to do so in their respective fields of expertise; 3) added attachments are referenced in red as “Added Attachment”; and 4) Alternate Member Barone acted as a voting member for all items below. 1) Call to Order Chair Cross called the meeting to order. 2) Roll Call Board Members Present: John Cross, Chair John Crees Patrick Coughlan Slate Dabney William Kapler Andrew Mair Daniel Barone, Alternate Member Board Members Absent: Jennifer Fiore, Vice Chair Amy Lockhart, Non-Voting School Board Rep. Staff Present: Andrew Dickman, Assistant City Attorney Matthew McConnell City Attorney Erica Martin, Planning Director Ali Duran, Executive Assistant Natalie Hardman, Natural Resources Manager Petitioners and/or Agents: Clay Brooker Christian Andrea Blair Foley Timothy Hall Others Present: William Dwight 3) Pledge of Allegiance Chair Cross led the Pledge of Allegiance. 4) Changes to the Agenda Planning Director Erica Martin stated that there were no changes to the Agenda, but did inform the Board that staff will be requesting a continuance for item 7.E until the January 8, 2025 Planning Advisory Board Regular Meeting. 5) Public Comment None. 6) Approval of Minutes None. 7) Public Hearings It is noted for the record that: 1) Items 7.A through 7.D were considered concurrently; 2) a recess was taken from 9:55 a.m. to 10:09 a.m. during the discussion; and 3) the same Board Members were present when the meeting reconvened.

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 2 7.A) REZONE PETITION 24-R1 - An Ordinance for the Purpose of Determining Rezone Petition 24-R1, Rezoning an Approximate 7,000 Square Foot Strip of Land from "C" Conservation to "TC" Transitional Conservation for the Property Owned by Sandra Gerry 2017 Revocable Trust A and Located at 13 Conservation; More Fully Described Herein; and Providing an Effective Date. 7.B) DEVELOPMENT OF SIGNIFICANT ENVIRONMENTAL IMPACT PETITION 24-DSEI1 - A Resolution for the Purpose of Determining Development of Significant Environmental Impact Petition 24-DSEI1, Pursuant to Section 52-154 through 155 and Sections 58-862 through 864 of the Code of Ordinances of the City of Naples to Permit a Full Basketball Court as Accessory to a Single-Family Residence on Property Owned by Green Dolphin Holdings LLC and Sandra Gerry 2017 Revocable Trust A and Located at 3272 Green Dolphin Lane and 13 Conservation, More Fully Described Herein; and Providing an Effective Date. 7.C) SUBDIVISION REPLAT PETITION - A Resolution Relating to a Subdivision Replat; Approving and Accepting the Preliminary and Final (Record) Plat for a Replat of the Second Replat of Champney Bay Section of Port Royal to include the East 326.12 Feet of the North 187.8 Feet of Government Lot 1 on Property Owned by Green Dolphin Holdings, LLC and Sandra Gerry 2017 Revocable Trust and Located at 3272 Green Dolphin Lane and 13 Conservation, More Fully Described Herein; Requiring Recording; Approving Subdivision Petition 24-SD3; and Providing an Effective Date. 7.D) CONDITIONAL USE PETITION 24-CU10 - A Resolution for the Purpose of Determining Conditional Use Petition 24-CU10, Pursuant to Section 56-94 of the Code of Ordinances of the City of Napes to Allow a Full Basketball Court as Accessory to a Single-Family Residence on Property Owned by Green Dolphin Holdings LLC and Sandra Gerry 2017 Revocable Trust A and Located at 3272 Green Dolphin Lane and 13 Conservation; More Fully Described Herein; and Providing an Effective Date. Assistant City Attorney Andrew Dickman informed the Board that items 7.A through 7.D were companion items and recommended that they be heard concurrently but acted upon separately; there were no objections. Assistant City Attorney Dickman then read the titles of each item. This being a quasi-judicial proceeding, Notary Public Ali Duran administered an oath to those intending to offer testimony; all responded in the affirmative. Members then made the following ex parte disclosures: Mair, Cross, and Dabney / familiar with the property; and Barone, Kapler, Coughlan, and Crees / had no information to disclose. Public Comment: William Dwight stated that his residence was approximately 200 feet diagonally across from the subject property. He expressed concern about the amount of noise that will emanate from the basketball court, noting that a full court will allow more participants and more noise. Clay Brooker, Attorney at Cheffy Passidomo, P.A., provided an overview of the each request which include: 1) rezoning a strip of land from “C” Conservation to “TC” Transient Conservation located at 13 Conservation; 2) considering a Development of Significant Environmental Impact (DSEI) Petition to permit a full basketball court as an accessory to a single-family residence; 3) considering a resolution to replat a portion of the Champney Bay section of Port Royal to include the east 326.12 feet of the north 187.8 feet of Government Lot 1 located at 3272 Green Dolphin Lane and 13 Conservation; and 4) considering the approval of a Conditional Use Petition for a full basketball court as an accessory to a single-family residence. Attorney Brooker explained that the request was to rezone a portion of “C” Conservation, known as 13 Conservation, to “TC” Conservation and install a full size basketball court in the newly zoned “TC” Conservation area. In exchange, the petitioner offered to restore the 13 Conservation back to its natural habitat by removing the sidewalks, the concrete pads, a playground, and a trampoline located in that area. Attorney Brooker then overviewed proposed conditions offered by the petitioner and introduced the team of presenters: Christian Andrea, Landscape Architect at Architectural Land Design; Blair Foley, Civil Engineer at Blair A. Foley, P.E; and Timothy Hall, Principal and Senior Ecologist at Turrell, Hall, and Associates, Inc.

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 3 Responding to questions, Planning Director Erica Martin stated that staff was unable to find permits for the improvements found on 13 Conservation. Attorney Brooker stated that the team evaluated placing the court south of the swimming pool but found that there was not enough space between the mangrove fringe and the pool to install it there without significant environmental impact. He further stated that a court could not be installed on the front driveway and parking area because the house has a porte cochere and was frequently used for vehicular access. Regarding noise mitigation, Attorney Brooker stated that a synthetic, rubber-like material will be placed over the court foundation to reduce any noise from a bouncing ball. Chair Cross expressed concern that the petitioner did not provide an accurate zoning map, nor was a survey included in the presentation to describe the past zoning conversions that occurred. Planning Director Erica Martin overviewed a staff report from June 9, 2010 regarding the first rezoning of “C” Conservation to “TC” Transient Conservation, clarifying that the past rezone was completed for the installation of the swimming pool and outdoor kitchen. Landscape Architect Andrea utilized an electronic presentation to provide an overview of the site and proposed landscape, planting, and hardscape plans. He stated that the court will be 71 feet long, have a five-foot fence around the perimeter, and have a retaining wall and fill to level out the basketball court. Engineer Foley presented the Stormwater Management System Plan and provided an overview of water flow through the current and the proposed systems. He informed the Board that the volume of water addressed was double what was required in the Stormwater Code. Ecologist Hall overviewed the DSEI and provided a historical background of the conservation area, noting that the Conservation zoned area was cleared in the 1940s as part of the original development of the area. He further noted that the land was cleared, sodded, and landscaped again in the 1990s. He expressed the view that historically, areas zoned as “C” Conservation, were intended to be developed as single-family residential, but the land was not developable in its current state. He further informed the Board that presently one would have to remove the restrictive covenants on the property and request permission from various state and federal agencies to fill in the land to build residences, which would be a costly venture. Ecologist Hall expressed the view that it was more beneficial to place the basketball court in an area furthest away from the mangroves to protect the natural habitat and nesting birds. Responding to questions, Ecologist Hall stated that the petitioner intended to keep the “C” Conservation zoned area covered in sod. Attorney Brooker concurred but stated that the petitioner will work with the Natural Resources Department to find higher canopy, native tree species to plant so long as they do not kill the sod. Planning Director Martin testified on behalf of the City, overviewed the staff report and the conditions contained therein. She clarified that the rezone petition was a request to extend the current “TC” Transient Conservation Zoning boundary and that the DSEI was required for any improvements to “C” Conservation Zoning Districts. Planning Director Martin noted that this was the only “C” Conservation Zoning District that was immediately adjacent to a residential neighborhood. She remarked that staff mailed 218 letters for all four petitions to the neighboring property owners and received three letters of no objection in return. Assistant City Attorney Dickman confirmed that all the presentations and discussions were adopted into items 7.A through 7.D. Discussion ensued and the Board expressed concern regarding installing the basketball court in an environmentally sensitive area, thus reducing the “C” Conservation Zoning District. Members recalled that the City of Naples’ Vision reflects the commitment to protect and enhance the natural environment. Additional concerns included: the possibility of the basketball court being utilized for other sports without City approval; the view that current owners failed to protect 13 Conservation by installing unpermitted walkways and concrete pads; the installation of a retaining

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 4 wall will change the elevation of the natural environment; and that the petitions lacked significant mitigation plans. Member Mair proffered a motion to deny the rezone request. Member Dabney proposed to amend the motion to allow a half-court basketball court. Member Mair did not accept the proffered amendment. MOTION by Mair to RECOMMEND DENIAL OF PETITION 24-R1; seconded by Crees and carried 6-1 (Kapler-yes, Dabney-no, Crees-yes, Fiore-absent, Barone-yes, Mair-yes, Coughlan-yes, Cross-yes). Member Barone stated that he did not agree with changing the area from “C” Conservation to “TC” Transient Conservation. Member Mair stated there was not enough information presented regarding the restoration of the “C” Conservation area. Member Coughlan stated that the court could have been placed on the residential property and was concerned about the future uses of an unused basketball court. Chair Cross stated that the Comprehensive Plan favors conserving the environment and that the basketball court would decrease property value. MOTION by Mair to RECOMMEND DENIAL OF PETITION 24-DSEI1; seconded by Coughlan and carried 6-1 (Coughlan-yes, Mair-yes, Crees-yes, Kapler-yes, Dabney-no, Barone-yes, Fiore-absent, Cross-yes). MOTION by Mair to RECOMMEND APPROVAL OF SUBDIVISION REPLAT PETITION 24-SD3; seconded by Crees and carried 5-2 (Crees-yes, Mair-yes, Coughlan-yes, Fiore-absent, Barone-no, Dabney-no, Kapler-yes, Cross-yes). MOTION by Coughlan to RECOMMEND DENIAL OF PETITION 24-CU10; seconded by Cross and carried 6-1 (Fiore-absent, Barone-no, Crees-yes, Dabney-yes, Mair-yes, Kapler-yes, Coughlan-yes, Cross-yes). Member Dabney stated that he did not agree with installing a full court. Item 7.A Attachments Staff Report Conservation 13 Rezone Ordinance Application Cover Letter Disclosure of Interest 1 Disclosure of Interest 2 Deed 13 Conservation Deed 3272 Green Dolphin Aerial 13 Conservation.pdf Aerial 3272 Green Dolphin Survey Site & Landscape Plan Environmental Report Sketch of Description Staff Credentials Petitioner Credential 1 Petitioner Credential 2 Petitioner Credential 3 Executed Sign Posting Affidavit Correspondence (Petitioner Added Attachment) Brooker Presentation (Petitioner Added Attachment) B. Foley Presentation (Petitioner Added Attachment) T. Hall Presentation (Petitioner Added Attachment) C. Andrea Presentation (Petitioner Added Attachment) 10-R2 Rezone Application (Staff Added Attachment) June 9, 2010 PAB Staff Report (Staff Added Attachment) Item 7.B Attachments Staff Report DSEI Resolution Application Cover Letter Disclosure of Interest 1 Disclosure of Interest 2 Deed 13 Conservation Deed 3272 Green Dolphin Survey Sketch of Description Aerial 13 Conservation Aerial 3272 Green Dolphin Site & Landscape Plan Environmental Report Staff Credentials Petitioner Credential 1 Petitioner Credential 2 Petitioner Credential 3 Executed Sign Posting Affidavit Correspondence (Petitioner Added Attachment) ~ G.::> ~ ~ ~ ~ G=' ~ cs;::> ~ ~ ~ cs;::> G=' G:=> ~ ~ G=> cs;;=> cs;::> ~ cs;;=> G:=> G:::> G:=> G::> ~ G:=> G:=> G:=> G=' ~ ~ ~ ~ G=) ~ ~ ~ G=> G=) G=) G:=> ~ ~ cs;;=>

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 5 Brooker Presentation (Petitioner Added Attachment) B. Foley Presentation (Petitioner Added Attachment) T. Hall Presentation (Petitioner Added Attachment) C. Andrea Presentation (Petitioner Added Attachment) 10-R2 Rezone Application (Staff Added Attachment) June 9, 2010 PAB Staff Report (Staff Added Attachment) Item 7.C Attachments Staff Report Replat Resolution Replat Application Disclosure of Interest 1 Disclosure of Interest 2 Deed 13 Conservation Deed 3272 Green Dolphin Full Site Survey Aerial 13 Conservation Aerial 3272 Green Dolphin Attorney Opinion Letter PLAT – EXISTING PLAT – PROPOSED Site & Landscape Plan Environmental Report Staff Credentials Petitioner Credential 1 Petitioner Credential 2 Petitioner Credential 3 Public Notice Mailing Addresses Cover Letter Executed Sign Posting Affidavit Correspondence (Petitioner Added Attachment) Brooker Presentation (Petitioner Added Attachment) B. Foley Presentation (Petitioner Added Attachment) T. Hall Presentation (Petitioner Added Attachment) C. Andrea Presentation (Petitioner Added Attachment) 10-R2 Rezone Application (Staff Added Attachment) June 9, 2010 PAB Staff Report (Staff Added Attachment) Item 7.D Attachments Staff Report Conditional Use Resolution Conditional Use Application Disclosure of Interest 1 Disclosure of Interest 2 Deed 3272 Green Dolphin Deed 13 Conservation Aerial 13 Conservation Aerial 3272 Green Dolphin Survey Site & Landscape Plan Drainage Plan Environmental Report Staff Credentials Petitioner Credential 1 Petitioner Credential 2 Petitioner Credential 3 Public Notice Mailing Addresses Executed Sign Posting Affidavit Correspondence (Petitioner Added Attachment) Brooker Presentation (Petitioner Added Attachment) B. Foley Presentation (Petitioner Added Attachment) T. Hall Presentation (Petitioner Added Attachment) C. Andrea Presentation (Petitioner Added Attachment) 10-R2 Rezone Application (Staff Added Attachment) June 9, 2010 PAB Staff Report (Staff Added Attachment) It is noted for the record that discussion for items 7.E through 7.I were held concurrently during item 7E, but each item was acted upon separately. 7.E) An Ordinance for the Purpose of Amending Regulations Relating to Pier Location and Dimension Regulations in the R1-15A Residence District; Amending Section 58-121, Pier Location and Dimensions, of Chapter 58, Zoning, of the Code of Ordinances, City of Naples; Providing a Severability Clause; Providing a Repealer Provision; and Providing an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. MOTION by Coughlan to CONTINUE ITEM 7.E until the January 8, 2025 Planning Advisory Board Regular Meeting; seconded by Cross and carried 7- ~ G=> ~ G=J rs;;=> ~ ~ cs;;;:::> cs;;;:::> ~ ~ ~ ~ ~ ~ ~ ~ ,s;::> G,:) G,:) ~ ~ ~ ~ G,:) ~ ~ G=' ~ ~ ~ ~ G:::> c:s;;;:::; ~ ~ ~ G,:) G=' G:::> ,s;;:=i G=J ~ ~ ~ ~ er;;::; G=J ~ ~ ~ ~ G=J G=J ~ ~ G=> ~ ~

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 6 0 (Mair-yes, Barone-yes, Dabney-yes, Fiore-absent, Coughlan-yes, Crees-yes, Kapler-yes, Cross-yes). Staff Report Ordinance Email to City Council from Port Royal Association re: Dock Code Port Royal Association Proposed Changes to Sec 58-121 -- Pier location and dimensions Analysis of Dock Lengths - Port Royal Association 7.F) An Ordinance of the City of Naples, Florida, Providing for Repeal of Ordinance 2023- 15040 Which Amended Chapter 58, Zoning, Article II, Zoning Districts, Division 27 - PD Planned Development District of the City of Naples, Code of Ordinances to Amend the Regulations for Planned Developments and Which Approved Text Amendment 22-T7; Providing for Codification, Conflicts, Severability, Correction of Scrivener’s Error, Construction, Publication, and an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. He provided a brief overview of Chapter 2023-304 of the Florida Statutes, formerly known as Senate Bill 250, and explained that this law made Ordinances void that were more restrictive and approved after September 2022. He further informed the Board that repeal of the Ordinances in items 7.F through 7.I would void the Ordinances and remove them from the Naples City Code for accuracy and ease of use by staff and the public. City Attorney McConnell notified the Board that City Council directed staff to make these changes and to begin rewriting these Codes in preparation for when Chapter 2023- 304 expires in 2026. Questions were answered throughout the discussion. MOTION by Mair to RECOMMEND REPEALING Ordinance 2023-15040; seconded by Cross and carried 7-0 (Barone-yes, Mair-yes, Kapler-yes, Fiore- absent, Dabney-yes, Coughlan-yes, Crees-yes, Cross-yes). Agenda Memorandum Ordinance 2023-15040 Ordinance - Planned Developments Opinion SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes 7.G) An Ordinance of the City of Naples, Florida, Providing for Repeal of Ordinance 2023- 15041 Which Amended Chapter 54, Subdivision Standards, Article I, In General, of the City of Naples, Code of Ordinances to Amend the Lot Split and Minor Subdivision Regulations and to Provide Regulations for the Combination of Single Family Lots and Which Approved Text Amendment 22-T8; Providing for Codification, Conflicts, Severability, Correction of Scrivener’s Error, Construction, Publication, and an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. MOTION by Mair to RECOMMEND REPEALING Ordinance 2023-1041; seconded by Barone and carried 7-0 (Kapler-yes, Dabney-yes, Barone-yes, Coughlan-yes, Mair-yes, Crees-yes, Fiore-absent, Cross-yes). Agenda Memorandum Ordinance 2023-15041 Ordinance - Lot Combinations Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes 7.H) An Ordinance of the City of Naples, Florida, Providing for Repeal of Ordinance 2023- 15048 Which Amended the Site Plan Review Regulations of the City of Naples as Proposed in Text Amendment 22-T9 and Section 46-33 (Site Plan Review) of Article II - Administrative Procedures, Chapter 46 - Administration, Procedures and Enforcement, of the Code of Ordinances, City of Naples, Providing for Codification, Conflicts, Severability, Correction of Scrivener’s Error, Construction, Publication, and an Effective Date. City Attorney Matthew McConnell read the title of the Ordinance. MOTION by Mair to RECOMMEND REPEALING Ordinance 2023-15048; seconded by Cross and carried 7-0 (Coughlan-yes, Crees-yes, Barone-yes, Dabney-yes, Kapler-yes, Fiore-absent, Mair-yes, Cross-yes). Agenda Memorandum Ordinance 2023-15048 Ordinance - Site Plans -----~ -- ~ ~ ----------G=>------ --=----- ~-------- ~ ~ ---- -- ~ ~ cs;;=> -----cs;;::>-- ----- --------

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 7 Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes 7.I) An Ordinance of the City of Naples, Florida, Providing for Repeal of Ordinance 2023- 15082 Which Amended Lot Coverage Regulations for Single Family Residences Constructed in Multifamily Districts and Chapter 58, Zoning, Article II, Zoning Districts, Division 9 - R3-6 Multifamily District, Section 58-270, Maximum Lot Coverage by All Buildings, Division 10 - R3-12 Multifamily District, Section 58-300, Maximum Lot Coverage by All Buildings, Division 11 - R3T-12 Multifamily District, Section 58-330, Maximum Lot Coverage by All Buildings, Division 12 - R3-15 Multifamily District, Section 58-360, Maximum Lot Coverage by All Buildings, Division 13 - R3-15 Multifamily District, Coquina Sands (CS), Section 58-390, Maximum Lot Coverage by All Buildings, Division 14 - R3-15 Multifamily District, Moorings (MOR), Section 58-420, Maximum Lot Coverage by All Buildings, Division 15 - R3-18 Multifamily District, Section 58-450, Maximum Lot Coverage by All Buildings, Division 16 - R3T-18 Multifamily District, Section 58-480, Maximum Lot Coverage by All Buildings, of the City of Naples, Code of Ordinances; Providing for Codification, Conflicts, Severability, Corrections of Scrivener’s Error, Construction, Publication, and an Effective Date. Chair Cross read the title of the Ordinance. MOTION by Mair to RECOMMEND REPEALING Ordinance 2023-15082; seconded by Cross and carried 7-0 (Barone-yes, Coughlan-yes, Crees-yes, Dabney-yes, Fiore-absent, Kapler-yes, Mair-yes, Cross-yes). Agenda Memorandum Ordinance 2023-15082 Ordinance - Lot Coverage for SF in MF District Opinion - SB 250 Interpretation SB250 Memo May 3 2024 September 16, 2024 Meeting Minutes 8) Public Comment None. 9) Correspondence and Communication Assistant City Attorney Andrew Dickman offered to prepare a one-page guide regarding the process of quasi-judicial proceedings. He noted that it was easier to defend the City in a lawsuit when the record is clear, concise, and procedurally in order. He clarified that the Board must ensure that the petitioner can present all the information during the hearing, and that questions may be asked throughout the presentation but should be directed at the experts to ensure complete and substantial responses. Alternate Member Barone suggested that the Board create a preferred method of procedure so its meetings could operate more efficiently. Chair Cross stated that he wanted presenters to provide a thorough presentation noting that he has had concerns in the past when presentations omit critical information that could assist with an outcome. He suggested using continuances to ensure petitioners provide complete information and presentations. Discussion ensued regarding the advantages and disadvantages of utilizing continuances to gather additional information. Member Mair suggested that the presentations be placed in the agenda packet to allow review prior to the meeting. Responding to comments regarding petition applications, Planning Director Erica Martin stated that applications presented to the Board were reviewed by staff and met all requirements for a hearing. She stated that the applications presented to the Board were the same application presented to City Council but added that petitioners may present new information to City Council in response to the Board’s comments and recommended conditions. City Attorney Matthew McConnell stated that he was working with staff to update application forms, timeframes of when petitions are being presented to the Planning Advisory Board (PAB) and City Council, as well as the duties and responsibilities of the PAB. He elaborated, explaining that City Council recently authorized the PAB to focus less on zoning petitions and more on Comprehensive Plan items. ~ ~------ -~ ----- ---- ~ -- ~ ~------------ G=J ~------ -~ --=-----

Planning Advisory Board Regular Meeting – December 12, 2024 – 8:32 a.m. 8 Member Mair then urged Members to watch Assistant City Attorney Dickman’s Comprehensive Plan presentation that was delivered at the City Council’s December 9, 2024 Workshop meeting. He expressed the view that the Board was unable to thoroughly review the Comprehensive Plan for possible updates due to having a deadline to recommend approval of the statutorily required changes. City Attorney McConnell explained that the Board was heavily involved in concurrency management and that he will present the Level of Service Report to the Board at its February 2025 meeting, noting that it will be reviewed annually moving forward. Planning Director Martin stated that the Selection Committee will meet on December 17, 2024 to choose a consultant for the Comprehensive Plan updates. 10) Adjourn 12:12 p.m. ___________________________________ John Cross, Chair ______________________________________ Patricia L. Rambosk, City Clerk Minutes prepared by: _____________________________________ Ali Duran, Executive Assistant Minutes Approved: 01/08/2025.