Planning Advisory Board

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 Planning Advisory Board Regular Meeting – April 9, 2025 – 8:30 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 Vice Chair Fiore called the meeting to order. 2) Roll Call Board Members Present: Jennifer Fiore, Vice Chair John Crees Patrick Coughlan William Kapler Andrew Mair Daniel Barone, Alternate Member Board Members Absent: John Cross, Chair Slate Dabney Amy Lockhart, Non-Voting School Board Rep. Staff Present: Andrew Dickman, Assistant City Attorney Sharon, Linsner, Dickman Law Erica Martin, Planning Director Jeffrey Brammer Ali Duran, Executive Assistant Petitioners and/or Agents: Maureen Minker Michael Behrndt Others Present: Nancy Gallagher 3) Pledge of Allegiance Vice Chair Fiore led the Pledge of Allegiance. 4) Changes to the Agenda None. 5) Public Comment None. 6) Approval of March 12, 2025, Planning Advisory Board Meeting Minutes MOTION by Crees to APPROVE the March 12, 2025 meeting minutes; seconded by Coughlan and carried 6-0 (Barone-yes, Coughlan-yes, Crees- yes, Dabney-absent, Fiore-yes, Kapler-yes, Mair-yes, Cross-absent). 2025-0312 pabr minutes 7) Public Hearing(s) 7.A) PETITION 25-V3 - A Resolution for the Purpose of Determining Variance Petition 25- V3 Pursuant to Section 50-35 of the Code of Ordinances, City of Naples, to Allow for a Second Frontage Sign for a Single Tenant Parcel on Property Located in the C1 Retail Shopping District and Owned by NECO 393 Broad Avenue South, LLC., at 393

Planning Advisory Board Regular Meeting – April 9, 2025 – 8:30 a.m. 2 Broad Avenue South; More Fully Described Herein; Providing Findings and Conditions; and Providing an Effective Date. Planning Director Erica Martin informed the Board that the petitioner requested that this item be continued indefinitely. The Board had no objections. Request for Continuance It is noted for the record that Items 7.B and 7. C were heard concurrently but acted upon separately. 7.B) PETITION 25-N1 - A Resolution for the Purpose of Determining Nonconformity Petition 25-N1 Pursuant to Section 46-35, Section 58-174, Section 58-175, Section 58- 176, and Section 58-180 of the Code of Ordinances, City of Naples, to Allow for a Horizontal and Vertical Expansion of a Nonconforming Single-Family House on Property Located in the R1-10 Residence District and Owned by 107 Broad Avenue South, LLC., at 107 Broad Avenue South; More Fully Described Herein; Providing Findings and Conditions; and Providing an Effective Date. 7.C) PETITION 25-V2 - A Resolution for the Purpose of Determining Variance Petition 25- V2 Pursuant to Section 46-37, Section 56-41, Section 56-45, and Section 56-54 of the Code of Ordinances, City of Naples, to Allow an Encroachment into the Front Yard Setback for the Purpose of Installing a Swimming Pool, Pool Deck, and Pool Mechanical Equipment on Property Owned by 107 Broad Avenue South, LLC., and Located at 107 Broad Avenue South; More Fully Described Herein; Providing Findings and Conditions; and Providing an Effective Date. Vice Chair Fiore read the titles of the items. This being a quasi-judicial proceeding, Notary Public Ali Duran administered an oath to those intending to testify; all responded in the affirmative. Members then made the following ex parte disclosures: Mair, and Crees / aware of the property and had nothing further to disclose; Barone, Kapler, and Coughlan / no information to disclose; and Fiore / stated that Maureen Minker, Architect at MHK Architecture, designed her residence. Architect Minker utilized an electronic presentation to provide an overview of a nonconformity request and a variance request for a residential property located at 107 Broad Avenue South. She provided historical information regarding the residence, noting that it was originally constructed in 1910, predating the City’s incorporation and the City’s first zoning codes. Architect Minker stated that the application proposed modifications to the existing nonconforming structure, including elevating the structure by 2.2 feet to conform with the current North American Vertical Datum of 1988 (NAVD) Design Flood Elevation, constructing a second-story cabana above the garage, replacing the existing flat roof over the garage with a pitched roof, extending an existing roof over a covered patio, and installing stairs to access the newly elevated front porch. Regarding the Variance Petition, Architect Minker explained that the request included installing a swimming pool, pool deck, and pool mechanical equipment that would encroach into the front yard setback along Gulf Shore Boulevard South. Michael Behrndt, Landscape Architect at Environmental Design Studio, then overviewed the Landscape and Hardscape Plans. Responding to questions, Architect Minker stated that the proposed pool, pool deck, and roof extension will not extend past the building footprint. She also explained that the garage was not elevated because the pitch on the driveway would be too steep. Planner II Jeffrey Brammer testified on behalf of the City and overviewed the staff reports for the Nonconformity and the Variance Petitions, and the conditions contained therein. He noted that the total under-roof area was decreasing slightly and that there would be significant interior renovations. Planner Brammer informed the Board that 250 letters were mailed to neighboring property owners and staff received four responses all in support of the petitions. He stated that staff reviewed Nonconformity Petition 25-N1 against the criteria provided in Section 46-35(c) of the Naples City Code and found that the standards have been met. Regarding Variance Petition 25-V2, staff reviewed the petition against the criteria provided in Section 46-37(c) of the Naples City Code and found that the request met the Threshold Criteria and Additional Criteria 1) The City Council will determine whether or not the applicant is culpable for the actions of its agent or

Planning Advisory Board Regular Meeting – April 9, 2025 – 8:30 a.m. 3 predecessors in title; 2) The proposed variance is the minimum necessary to make possible reasonable use of the land, building, or structure, and is the most practical or logical solution for relaxation of the literal requirements of this Land Development Code; 3) Special conditions or circumstances exist that are peculiar to the land or structure involved, which are not applicable to other lands or structures in the same neighborhood or district; and 4) The variance is necessary for the construction, reconstruction, or preservation of contributing historical building and structures and maintains the historical or architectural style, form, or character of the original building in keeping with the period when it was built. Public Comment: Nancy Gallagher stated that she fully supported raising the property to reduce damage from flooding, but expressed the view that the exterior design did not preserve the historic design of residences at the time the original structure was built. Discussion ensued and Members concurred with Ms. Gallagher regarding the loss of the historic design. Member Coughlan noted that although this residence was deemed a structure of historical significance, there were no codes or laws that would protect it from renovation or demolition and expressed his approval of the project. MOTION by Coughlan to RECOMMEND APPROVAL of Nonconformity Petition 25-N1; seconded by Crees and carried 6-0 (Mair-yes, Barone-yes, Dabney-absent, Fiore-yes, Coughlan-yes, Crees-yes, Kapler-yes, Cross- absent). MOTION by Coughlan to RECOMMEND APPROVAL of Variance Petition 25- V2; seconded by Crees and carried 4-2 (Barone-yes, Mair-no, Kapler-yes, Fiore-no, Dabney-absent, Coughlan-yes, Crees-yes, Cross-absent). Item 7.B Attachments Staff Report Resolution Application Disclosure of Interest - Property Owner Warranty Deed Survey AERIAL Architectural Plans Landscape Plans Drainage Plan 107 Broad Avenue South - Historical Context 107 Broad Avenue South - Permit History 1926-42 Zoning Ordinance 1946 Zoning Ordinance Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Correspondence Affidavit of Sign Posting Correspondence (Petitioner Added Attachment) Minker Resume (Petitioner Added Attachment) MHK Presentation (Petitioner Added Attachment) Item 7.C Attachments Staff Report Resolution Application Disclosure of Interest - Property Owner Warranty Deed Survey AERIAL Architectural Plans Landscape Plans Drainage Plan 107 Broad Avenue South - Historical Context 107 Broad Avenue South - Permit History 1926-42 Zoning Ordinance 1946 Zoning Ordinance Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Correspondence Affidavit of Sign Posting Correspondence (Petitioner Added Attachment) Minker Resume (Petitioner Added Attachment) MHK Presentation (Petitioner Added Attachment) 7.D) An Ordinance of the City of Naples, Florida, for the Purpose of Amending Regulations Relating to Administrative and Approval Procedures and Site Plan Review; Amending Section 46-33, Site Plan Review, Section 46-34, Approval of

Planning Advisory Board Regular Meeting – April 9, 2025 – 8:30 a.m. 4 Conditional Uses, Section 46-35, Expanding, Enlarging or Changing a Nonconformity, Section 46-37, Variances to Zoning Requirements, of Chapter 46, Administration, Procedures and Enforcement; Section 50-154, Determination of Required Dedications and Improvements, of Article VI, Right-of-Way Acquisition and Standards, of Chapter 50, Development and Design Standards; Section 52-151, Applicability of Article, of Article VI, Development of Environmental Impact, of Chapter 52, Resource Protection Standards; Section 54-31, Approval Procedure, of Article II, Plats, and Section 54-68, Recreation Areas and Facilities, of Article III, Design Standards and Improvement Requirements, of Chapter 54, Subdivision Standards; Section 56-48, Satellite Antennas, Towers and Masts, of Article II, Standards Applicable to All Districts, of Chapter 56, Supplemental Standards; and Section 58-503, Conditional Uses, of Division 17, Highway Commercial District, Section 58-533, Conditional Uses, of Division 18, C1 Retail Shopping District, Section 58-563, Conditional Uses, of Division 19, C1-A Commercial Dore District, Section 58- 593, Conditional Uses, of Division 20, C2 General Commercial District, Section 58- 623, Conditional Uses, of Division 21, C2-A Waterfront Commercial District, Section 58-653, Conditional Uses, of Division 22, C3 Heavy Commercial District, Sections 58- 682, Uses Permitted, and 58-683, Conditional Uses, of Division 23, C4 Airport Commercial District, Section 58-713, Conditional Uses, of Division 24, I Industrial District, Section 58-773, Conditional Uses, of Division 26, O Office District, Section 58-833, Conditional Uses, of Division 28, PS Public Service District, Sections 58-864, Designation of Districts; Identification of District Boundaries, 58-868, Review of Submittals by City, of Division 29, C Conservation and TC Transitional Conservation Districts, Section 58-933, Conditional Uses, of Division 31, BP Business Park District, of the Code of Ordinances, City of Naples, Approving Text Amendment 25-T1; Providing for Codification, Conflicts, Severability, Correction of Scrivener’s Error, Construction, Publication, and an Effective Date. Planning Director Erica Martin provided an overview of the item, noting that this resulted from discussions during City Council Workshops and Development Forums with professionals involved with the process. She explained that the proposed Ordinance update was developed in response to the Board’s interest in prioritizing planning-related matters. Planning Director Martin stated that the amendment was intended to reduce the number of petitions reviewed while placing greater emphasis on Comprehensive Plan Amendments, Text Amendments, and Site Plan Petitions within Planned Developments. She then provided an overview of the current and proposed Project Flow Chart and identified additional changes, such as removing the Design Review Board preliminary approval requirement and changing the name from “Site Plan Process” to “General Development Plan Process”. Members expressed concern that the City Council will no longer receive crucial advice from the Planning Advisory Board (PAB). Member Coughlan referenced his experience with other communities and noted that, in some municipalities, final decisions on certain matters were made by various boards rather than being centralized solely within the City Council, allowing the City Council to be the appellate board for final decisions. MOTION by Coughlan to RECOMMEND DENIAL of the proposed Ordinance changes; seconded by Mair and carried 5-1 (Kapler-yes, Dabney-absent, Barone-no, Coughlan-yes, Mair-yes, Crees-yes, Fiore-yes, Cross-absent). Staff Report Ordinance 8) Comprehensive Plan Update Planning Director Erica Martin stated that the kickoff meeting for the Comprehensive Plan Update with City Council occurred on March 17, 2025 and Johnson Engineering started the Data Collection and Analysis Phase and that bi-weekly meetings have been scheduled between Johnson Engineering and a team of staff members to answer any questions that may arise. PAB Memo - 4-9-2025 3-17-25 Council Workshop Presentation 9) Traffic Study Update

Planning Advisory Board Regular Meeting – April 9, 2025 – 8:30 a.m. 5 Planning Director Erica Martin referenced a memo included in the Agenda Packet from Dan Ohrenstein that provided the Traffic Study update. Member Kapler asked to be provided with the monthly Traffic Study Updates that are provided to staff by the consultants. Vice Chair Fiore asked that City Engineer Daniel Ohrenstein attend the Board’s monthly meetings to provide updates. PAB Update - Downtown Traffic Study 2025-04-02 10) Public Comment None. 11) Correspondence and Communication Member Crees stated that he agreed with comments previously made by Member Coughlan during Item 7.D, regarding the Board having the final decision on all planning matters and identifying the City Council as the Appeals Board. A brief discussion ensued, and the following motion was made with the assistance of Assistant City Attorney Andrew Dickman. MOTION by Coughlan to RECOMMEND ALLOWING the Planning Advisory Board to be the final decision maker of various development orders or quasi- judicial items and designate the City Council as the appellate body; seconded by Crees and carried 5-1 (Coughlan-yes, Crees-yes, Barone-yes, Dabney-absent, Kapler-yes, Fiore-yes, Mair-no, Cross-absent). Member Mair expressed the view that updates to the Comprehensive Plan were rushed and diluted to satisfy the State of Florida’s requirements to the detriment of the City. He identified several bills currently under consideration in the State Legislature that could potentially diminish Home Rule authority and expressed hope that the City Council is preparing for potential impacts should these bills be enacted. 12) Adjourn 9:49 a.m. ___________________________________ Jennifer Fiore, Vice Chair ______________________________________ Patricia L. Rambosk, City Clerk Minutes prepared by: _____________________________________ Ali Duran, Executive Assistant Minutes Approved: 05/14/2025.