Planning Advisory Board

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 Planning Advisory Board Regular Meeting – November 13, 2024 – 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 item 7.K through item 11. 1) Call to Order Chair Cross called the meeting to order. 2) Roll Call Board Members Present: John Cross, Chair Jennifer Fiore, Vice Chair John Crees Patrick Coughlan (left at 4:36 p.m.) Slate Dabney William Kapler Andrew Mair Daniel Barone, Alternate Member Board Members Absent: Amy Lockhart, Non-Voting School Board Rep. Staff Present: Jay Boodheshwar, City Manager Andrew Dickman, City Attorney Erica Martin, Planning Director Leslee Dulmer, Deputy Planning Director Alison Bickett, Deputy City Engineer Eddie Bliss, Project Manager Nate Jones, Senior Planner Jeffrey Brammer Planner II Ali Duran, Executive Assistant Petitioners and/or Agents: Francesca Passidomo Falconer Jones Clay Brooker Mark McLean Michael Nolan Andrew Rath Norman Trebilcock Christian Andrea Timothy McCarthy Jay Newman Noel Davies Jeffrey Wynn Joel Marcus Scott Wyndham Stephen Coleman Robert Vayda Jeffrey Wasco Gorgan Strojkoski Peter Bos Others present Mitchell Hertz Megan Miller 3) Pledge of Allegiance Chair Cross led the Pledge of Allegiance. 4) Changes to the Agenda Chair Cross noted that City Manager Jay Boodheshwar was present to discuss items 8.A and 8.B and requested they be heard following item 4. There was no objection from the Board.

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 2 8.B) Discussion related to the drafting of a memorandum to City Council requesting the allocation of staff time and resources for further discussion of traffic impact and Level of Service. City Manager Jay Boodheshwar acknowledged the Board’s concerns regarding the Traffic Impact Study that had been voiced at previous meetings. He explained that staff determined it was best to separate from the firm contracted to complete the study, secure the data that was collected up to the date of separation, and determine how to move forward. He noted that City Council will be discussing the Study at its November 20, 2024 Regular Meeting and that he would like to include a review of the policies, standards, and criteria related to traffic and the Traffic Impact Studies related to individual projects. Discussion ensued and Member Crees suggested adding a fee on redevelopment projects to garner funds for traffic studies. Member Coughlan noted that the studies have been micro in focus and have failed to help with the city-wide vision. Member Mair identified that the Traffic Impact Studies use protocols identified by the State of Florida or Collier County, and they do not correlate with the City’s peak traffic patterns. He suggested that City Council determine the goals and objectives desired in a traffic plan and then conduct the Traffic Impact Study to provide data related to those goals and objectives. Chair Cross requested that information presented to City Council also be presented to the Planning Advisory Board (PAB). He suggested that City Council and the PAB act jointly with each other and that neither act independently. Chair Cross then requested that this item be continued to a date uncertain and there were no objections. 8.A) Discussion of Comprehensive Plan Request For Proposals Planning Director Erica Martin informed the Board that the Request For Proposal (RFP) for the Comprehensive Plan Amendments was submitted, and it included the Planning Advisory Board to appoint one non-voting Member to the Selection Committee to review the submitted proposals. The Board selected Vice Chair Fiore to sit on the Selection Committee as the non-voting Member to review the proposals. City Manager Jay Boodheshwar informed the Board that City Attorney Andrew Dickman would present an overview of the Comprehensive Plan process at a future City Council Workshop and invited the Board to attend. 5) Public Comment None. 6) Approval of Minutes Member Crees asked that his disclosure be corrected to state that he emailed Michael Murawski, not that he spoke to Michael Murawski. MOTION by Mair to APPROVE the September 11, 2024 meeting minutes subject to changing “spoke to” to “emailed” in Member Crees’ disclosure; seconded by Coughlan and unanimously carried, all Members present and voting (Coughlan-yes, Crees-yes, Dabney-yes, Fiore-yes, Kapler-yes, Mair- yes, Cross-yes). 2024-0911 pabr minutes 7) Public Hearing(s) 7.A) 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. MOTION by Mair to CONTINUE Item 7.A to the December 12, 2024 Regular meeting; seconded by Dabney and unanimously carried, all Members present and voting (Crees-yes, Coughlan-yes, Dabney-yes, Fiore-yes, Kapler-yes, Mair-yes, Cross-yes). Continuance Memorandum

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 3 7.B) 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 & 13 Conservation, More Fully Described Herein; and Providing an Effective Date. MOTION by Crees to CONTINUE Item 7.B to the December 12, 2024 Regular meeting; seconded by Mair and unanimously carried, all Members present and voting (Crees-yes, Coughlan-yes, Dabney-yes, Fiore-yes, Kapler-yes, Mair-yes, Cross-yes). Continuance Memorandum 7.C) 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. MOTION by Mair to CONTINUE Item 7.C to the December 12, 2024 Regular meeting; seconded by Cross and unanimously carried, all Members present and voting (Crees-yes, Coughlan-yes, Dabney-yes, Fiore-yes, Kapler-yes, Mair-yes, Cross-yes). Continuance Memorandum 7.D) 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 & 13 Conservation; More Fully Described Herein; and Providing an Effective Date. MOTION by Mair to CONTINUE Item 7.D to the December 12, 2024 Regular meeting; seconded by Crees and unanimously carried, all Members present and voting (Crees-yes, Coughlan-yes, Dabney-yes, Fiore-yes, Kapler-yes, Mair-yes, Cross-yes). Continuance Memorandum 7.E) A Resolution Relating to a Nonconformity; Determining Nonconformity Petition 24- N2 to Allow for the Vertical and Horizontal Expansion of a Nonconforming Single- Family House Pursuant to Section 46-35 of the Code of Ordinances for Property in the R1-10A, Residence District Owned by Mark and Michelle DiMaio, Located at 3888 Crayton Road; and Providing an Effective Date. Chair Cross read the title of the item. 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, Barone, Kapler, Fiore, Cross, Coughlan, and Crees / no information to disclose; and Dabney / drove by the property. Francesca Passidomo, Attorney at Coleman, Yovanovich and Koester, P.A., utilized an electronic presentation to overview a request to allow the vertical and horizontal expansion of a non- conforming single-family residence, namely, to maintain the 30-foot front yard setback when the current code requires a 40-foot front yard setback, and to increase the non-conformity by approximately 420 square feet. Falconer Jones, Architect at Falcon Design, Inc. continued the electronic presentation to overview the architectural plans. He informed the Board that the residence was flooded during Hurricane Ian, and it was condemned. Architect Jones described the articulation and rhythm of the façade which was intentionally designed to deter a canyon effect on Crayton Road. He responded to ~-----

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 4 questions stating that the original home was approximately 3,600 square feet and that there were other residences in the general area that still had the 30-foot setback. Planner II Jeffrey Brammer testified on behalf of the City and overviewed the staff report and provided a historical overview of the property. He stated that 494 letters were mailed to neighboring property owners and one neighbor met with staff, reviewed the proposed plans, and had no objections. Planner Brammer stated that staff reviewed the petition against the criteria in Section 46-35(c) of the Naples City Code and found that the criteria for expanding, enlarging, or changing a nonconformity had been met. Public Comment: None. Responding to questions, Planning Director Erica Martin stated that the petitioner could add a second story in the future, but the addition would need to be stepped back out of the front yard setback. Attorney Passidomo stated that she would agree to a condition to keep the structure a single-story home. Discussion ensued and Chair Cross asked the petitioner to provide proof that there are other residences in the area that have a 30-foot setback. Members expressed concern about the larger residences being built on small lots and the loss of the neighborhood feel. Although Members did not agree with approving the expansion of non-conformities, they agreed that this was appropriate provided that the residence remained a single story. MOTION by Coughlan to RECOMMEND APPROVAL of Nonconformity Petition 24-N2, subject to the following changes: 1) modifying the language in the sub paragraph of Section 2. to read: “Approval of nonconformity petition 24-N2 is based upon the plans and documents submitted with the petition, a single story design, and does not apply to the redevelopment of the lot should the nonconforming structure be demolished.”; and 2) adding a condition that reads: “the Petitioner will submit examples of other residences in the general neighborhood that has 30-foot setbacks to staff prior to the hearing before City Council.”; seconded by Crees and carried 6- 1 (Coughlan-yes, Mair-no, Crees-yes, Kapler-yes, Dabney-yes, Fiore-yes, Cross-yes). Staff Report Resolution Application Disclosure of Interest - Property Owner Warranty Deed Survey Aerial Architectural Plans Renderings Neighborhood Perspectives Plat Book Ordinance 2008-12049 Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting Affidavit of Sign Posting 2 Presentation (Petitioner Added Attachment) It is noted for the record that there was a recess from 10:29 a.m. to 10:41 a.m., during item 7.F, and that the same Board Members were present when the meeting reconvened. 7.F) A Resolution for the Purpose of Determining Conditional Use Petition 24-CU8 Pursuant to Section 46-34 and Section 58-593 of the Code of Ordinances, for a Five- Unit Residential Condominium Building, for the Property Owned by NaplesComA, LLC, a Florida Limited Liability Company, and Located at 500 Goodlette-Frank Road, and Providing an Effective Date. Chair Cross read the title of the item. 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: Dabney / looked at the property; Crees / aware of the property and no other information to disclose; Coughlan, Cross, Fiore, Barone, and Mair / no information to disclose; Kapler / familiar with the property and nothing further to disclose. Clay Brooker, Attorney at Cheffy Passidomo, P.A., introduced the team: Mark McLean, Architect and National Director at MHK Architecture; Michael Nolan, Property Owner; Andrew Rath, Engineer at Davidson Engineering; Norman Trebilcock, Traffic Engineer at Trebilcock Consulting; and Christian Andrea, Landscape Architect at Architectural Land Design. He then utilized an ~ ~ ~ ~ ~ G:=> G::> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 5 electronic presentation to overview a request to approve a conditional use petition for a five-unit residential condominium building, noting that the tenants for the commercial units had not been determined at that time. Architect McLean continued the electronic presentation to overview the architectural design. He explained that the conditional use request was for the residential units only and there will be a condominium association as the regulating body. Architect McLean informed the Board that the residential units had a window that overlooked the interior of the attached garage, which could hold five to six smaller vehicles. Responding to questions, he explained that since Hurricane Ian, these types of multi-use structures have become in demand, noting that insurance policies started requiring vehicles over a certain value to be securely stored above the Federal Emergency Management Agency (FEMA) flood level. City Attorney Andrew Dickman identified his experience with high end vehicle storage and recognized how loud such vehicles can be. He suggested ways of eliminating such nuisances such as prohibiting car rallies and/car shows on the property. Regarding Members’ concerns of speed and noise, Architect McLean stated that the property’s steep grade will deter vehicles from entering the property at high speeds due to the risk of causing damage to the vehicle. He further noted that vehicles pull into the garages at low speeds and that the traffic light at the intersection will also reduce speeds. Andrew Rath, Engineer at Davidson Engineering, overviewed the plans for civil, site, and drainage. Responding to questions, he stated that he was unaware if condominium documents were drafted at that time, but that there were notations on the Stormwater Management Plan that the property owners are responsible for the perpetual maintenance of the system. Attorney Brooker confirmed that the condominium association declaration will obligate the association to maintain the stormwater system. Chair Cross requested that an actionable maintenance plan including directions on how to maintain and frequency be included in the condominium documents. Responding to questions, Engineer Rath identified components of the stormwater management system, namely the retention pond in the northwest corner of the property and the City’s outfall pipe where it connects to the canal at the northeast corner of the property. Landscape Architect Andrea provided an overview of the Landscape and Hardscape Plans, noting that the property will be fenced with a sliding gate at the entrance, and a hedge will be planted along the fence with the intention that it will grow and hide the fence altogether. Landscape Architect Andrea further informed the Board that permeable pavers will be installed. Discussion ensued regarding the height of various plants at the time of installation and in three years, and the size and type of fencing. Planner II Jeffrey Brammer testified on behalf of the City and overviewed the staff report, and the conditions contained therein. He identified a typo in the Findings portion of the Staff Report, noting that this petition was for a mixed-use residential building and not a school. Planner Brammer stated that 226 letters were mailed to neighboring property owners and that staff received two email communications in support of the project. He informed the Board that staff reviewed the petition against the Conditional Use standards in Section 46-34(f) of the Naples City Code and found that the standards had been met. Public Comment: None. A brief discussion ensued, and the following motion was proffered. MOTION by Mair to RECOMMEND APPROVAL of Conditional Use Petition 24- CU8, subject to the following added conditions: 1) the garage will be utilized as residential garages and no car shows, rallies, or gatherings will be held on the property; 2) the applicant will include in the condominium documents a requirement of and directions for an actionable maintenance plan of the stormwater retention system to include means, methods, and time periods of maintenance; seconded by Coughlan and unanimously carried, all

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 6 Members present and voting (Crees-yes, Mair-yes, Coughlan-yes, Fiore-yes, Dabney-yes, Kapler-yes, Cross-yes). Staff Report Resolution Application Disclosure of Interest - Property Owner Warranty Deed Survey Aerial Architectural Plans Architectural Plans - Supplemental Civil Plans Civil Plans - Supplemental Landscaping Plans Landscaping Plans - Supplemental Vehicle Tracking Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting - October PAB Affidavit of Sign Posting - November PAB Correspondence Traffic Impact Statement Brooker Presentation (Petitioner Added Attachment) Presentation (Petitioner Added Attachment) 7.G) A Resolution for the Purpose of Determining Variance Petition 24-V3 Pursuant to Section 58-146 of the Code of Ordinances of the City of Naples to Establish a Reduced Setback on Property Located at 711 Banyan Boulevard in the R1-15 Residence District and Owned by Kenneth Sharkey and Miranda Sharkey; More Fully Described Herein; and Providing an Effective Date. Chair Cross read the title of the item. 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 / familiar with the property and no other information to disclose; Barone, Kapler, Fiore, Cross, Coughlan, and Crees / no information to disclose; and Dabney / looked at the property. Francesca Passidomo, Attorney at Coleman, Yovanovich, and Koester, utilized an electronic presentation to overview a request establishing a rear yard setback on a property that has two front yard setbacks pursuant to the R1-15 Residential Zoning District. She explained that the residence was constructed in 1972 and the setback along Pectin Road was only 27 feet. The City had since adopted new Codes identifying the oddly shaped property as having three front yard setbacks. Senior Planner Nate Jones testified on behalf of the City and overviewed the staff report, and the conditions contained therein. Planning Director Erica Martin provided the definitions of a “front yard setback” and a “rear yard setback”. Senior Planner Jones informed the Board that staff mailed 116 letters to neighboring property owners and received one email correspondence in support of the petition. He stated that staff reviewed the petition against the variance criteria in Section 46-37(c) of the Naples City Code and found that the petition did not meet the following Threshold Criteria: 2. The variance will be otherwise consistent and in harmony with the general intent and purpose of the comprehensive plan, the land development code, and adjacent properties' zoning. 4. The variance will not harm the health, safety, and welfare of the community. 6. The variance will be compatible in character and scale and will not be injurious to the neighborhood and surrounding properties. He also noted that the petition did not meet the following Additional Criteria: 1. The city council will determine whether the applicant is culpable for the actions of its agent or 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 to the need 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. Public Comment: None. G=> G=> G=> -- -- - ~ -----=-- ~ G;:) G;:) G::> ---~ - G::>- ---- - cs;;=i- =-------~ ----=. =-- ~ cs;;:; ~ ----~---- ---cs;;;:) ----- ---- ----~-- -----=---- ,s;;:::; - ----=-------~ G=i _____ ~ --- ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 7 Discussion ensued and Members discussed the height of pool decks in a rear yard setback and how the pool deck could be raised to the finished floor of the residence, and that pool water cannot encroach into a front yard, but a pool deck could. Member Coughlan suggested including a condition to not allow a pool deck to exceed 30 inches in height and to require that the landscape buffer remain indefinitely. Members expressed concern that there were no construction plans for the new residence and that the petitioner failed to prove any hardship. At the request of the Board, Attorney Passidomo agreed to a continuation. The Board provided feedback to the petitioner noting that the lot is inconsistent with the surrounding lots, the maximum building area is significantly smaller than surrounding properties, the proposed footprint of the residence was not presented, and that there would be no hardship if a pool was not being considered. Chair Cross asked the petitioner to present schematic drawings, including dimensions, to demonstrate the compatibility of the building envelope with the rest of the neighborhood Chair Cross proffered a motion to continue the item to a date uncertain, but after further discussion, he withdrew his motion. The following motion was then proffered. MOTION by Cross to CONTINUE Variance Petition 24-V3 until the February 12, 2024 Regular Meeting to allow the Petitioner time to address concerns posed by the Board; seconded by Mair and unanimously carried, all Members present and voting (Crees-yes, Mair-yes, Coughlan-yes, Fiore-yes, Dabney- yes, Kapler-yes, Cross-yes). Staff Report Resolution Application Disclosure of Interest- Property Owner Deed Aerial Petitioner Exhibit 1 Petitioner Exhibit 2 Petitioner Exhibit 3 Petitioner Exhibit 4 Credentials- Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting Correspondence Letter Presentation (Petitioner Added Attachment) It is noted for the record that there was a recess from 12:54 p.m. to 1:32 p.m., during item 7.H. The same Board Members were present when the meeting reconvened. 7.H) A Resolution for the Purpose of Determining Amendment No. Six to Site Plan Petition 19-SP8, Approved by Resolution 2019-14421, Relating to a Site Plan for Tract RT-1, and Portions of Tract OS-1, Tract H-1 and Tract BE of The Naples Beach Club Plat for Property Owned by Naples Beach Club Land Trust I, Naples Beach Club Land Trust II, and NBC Club Owner, LLC, Located Within the Naples Beach Club Residences and Golf Club Planned Development at 1090 Crayton Road, More Fully Described Herein, and Providing an Effective Date. Chair Cross read the title of the Resolution. 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 Barone / met with the petitioner, was familiar with the property, and had no other information to disclose; Kapler, Crees, and Dabney / familiar with the property and had no other information to disclose; and Fiore, Cross, and Coughlan / had no information to disclose. Clay Brooker, Attorney at Cheffy Passidomo, P.A., utilized an electronic presentation to introduce the request to recommend approval of an amendment to a previously approved Site Plan. The amendment included redesigning Residential Buildings D, F, G, and H; increasing the total dwelling units from 81 to 83 units; reconfiguring the water feature and adding a lake pavilion; redesigning the pool and pool house; adding a motor court between Residential Buildings D and F; and redesigning the pedestrian circulation network and connections. Members asked for clarification regarding what they were specifically to review. Attorney Brooker expressed the opinion that the modifications to the structures within the building envelopes were not to be reviewed, and City Attorney Dickman disagreed with that opinion. Chair Cross also ~ ~ ~ -- - G=J~ er;;:; G=> er;;:; ---- ~ ____ G=> ____- G=>-----=---- ~ ~ er;;:;----- G-=' ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 8 expressed the view that the application allowed the Board to review and provide recommendations for any proposed changes. Tim McCarthy, Partner and Managing Principal at Hart Howerton, utilized an electronic presentation to provide a brief historical overview of the project. He then continued to overview the proposed site changes to the Site Plan. Responding to questions, Mr. McCarthy stated that due to the vertical redesign, the structures were moved closer to Gulf Shore Boulevard but still within the building envelope and highlighted the number of feet each building shifted relating to the surrounding roadways. Mr. McCarthy confirmed that the Building Official Stephen Beckman documented in the staff report and the Sufficiency Letter that the plans referred to the 2012 Federal Emergency Management Association (FEMA) Flood Insurance Rate Map (FIRM) standards and not the 2024 FEMA FIRM standards. Although these details will be addressed during the permitting process, he asked that the petitioner be allowed to select either the 2012 or the 2024 FIRM, identifying that the 2012 FIRM had a FEMA elevation of 11 feet, which was higher than the 2024 FIRM. Mr. McCarthy informed the Board that Residential Building H was increased by a total of 18,884 square feet, and the three parking structures increased by 22,000 square feet. Mr. McCarthy noted that the stormwater maintenance system was expanded by increasing the size and number of lakes. Chair Cross expressed concern that the lake to the north of the development was incorporated as an amenity, even though it was a part of the Conservation Easement. He further expressed the view that the Conservation Easement was intended for public use and therefore closing it off with a fence would violate the Conservation Easement Agreement. Attorney Brooker disagreed, clarifying that the Conservation Easement’s intent was to preserve the land in perpetuity for recreation and open space. Jay Newman, Chief Operating Officer at The Athens Group, informed the Board that the commitment made to the previous owners (the Watkins family) and to the community was that the land will not be developed for commercial purposes, but there was no requirement to ensure that the land was accessible to the public. Deputy Planning Director Leslee Dulmer testified on behalf of the City and overviewed the staff report, and the conditions contained therein. She stated that staff reviewed the petition against the Site Plan standards and in Section 46-33(g) of the Naples City Code and addressed staff’s findings in the staff report. Responding to questions, Project Manager Eddie Bliss explained that a stormwater management system using lakes is more economical, easier to maintain, easier to inspect, and more efficient in removing nutrients from the water. He further noted that the current lake design did not include weirs, therefore, the water levels could not be lowered in the event of a hurricane. Chair Cross suggested including a condition requiring the Petitioner to develop a Stormwater Maintenance Plan for testing the water quality and maintenance of the lake retention system. Andrew Rath, Engineer at Davidson Engineering, stated that the Southwest Florida Water Management District placed maintenance responsibilities upon the property owner and will often inspect the property to ensure that they are being maintained. He further stated that he will provide an in-depth maintenance program that will include the frequency the lakes need to be cleaned. Member Coughlan made a motion to recommend approval of Amendment No. 6 to Site Plan Petition 19-SP8 and it was seconded by Chair Cross. Member Dabney requested the motion be amended to include a condition requiring the petitioner to maintain the lake system. The motion was then amended as reflected in the motion below. MOTION by Coughlan to RECOMMEND APPROVAL of Amendment No. 6 to Site Plan Petition 19-SP8, subject to the condition that the petitioner will develop and provide to the City Council a plan for the testing and maintenance of the water quality of the lakes and stormwater retention system; seconded by Cross and carried 6-1 (Mair-yes, Dabney-yes, Fiore- yes, Coughlan-yes, Crees-no, Kapler-yes, Cross-yes).

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 9 Staff Report Resolution Application Parcel Sketch and Legal Description Disclosure of Interest - TRACT BE and TRACT H-1 Disclosure of Interest - TRACT OS-1 Disclosure of Interest - TRACT RT-1 Architectural Plans Civil Plans Landscape Plans TIS Section 1 TIS Section 2 Lighting Plans Site Plan Overview Site Plan Supplemental Overview Naples Beach Club Residences and Golf Course - 2019-14420 Declaration of Restrictive Covenants - Residential District of PD Land Reciprocal Access Easement Affidavit of Sign Posting - October PAB Affidavit of Sign Posting - PAB November Credentials - Petitioner Credentials - Planning Department Public Notice Mailing Addresses Brooker Presentation (Petitioner Added Attachment) Consultant Presentation (Petitioner Added Attachment) It is noted for the record that items 7.I and 7.J were considered concurrently but voted upon separately. It is also noted for the record that there was a recess from 3:12 p.m. to 3:21 p.m., during items 7.I and 7.J. and that all Board Members were present when the meeting reconvened. 7.I) A Resolution Determining Conditional Use Petition 24-CU6 Pursuant to Section X of the Naples Square Planned Development and Section 58-904 of the Code of Ordinances of the City of Naples to Allow for a 17-Unit Transient Lodging Establishment as Part of a Mixed-Use Development on the Property Located at 1090 1st Avenue South and Owned by Downtown Naples, LLC, More Fully Described Herein; and Providing an Effective Date. 7.J) A Resolution Determining Site Plan Petition 23-SP20 for a New Three-Story Mixed- Use Development on Property Owned by Downtown Naples, LLC and Located at 1090 1st Avenue South, More Fully Described Herein and Providing an Effective Date. Chair Cross read the titles of the Resolutions. 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 / familiar with the property; Barone, Cross, Coughlan, Dabney, and Fiore / had no information to disclose; Kapler / said he previously contributed money to the Gulfshore Playhouse and had a discussion with a member of the Gulfshore Playhouse Board regarding the project; and Crees / resides within 1,000 feet of the property, but was previously informed that he could partake in the hearing by Ethics Commission Executive Director Michael Murawski. Noel Davies, Attorney at Davies Duke, introduced the project team: Jeffrey Wynn, property owner; Joel Marcus, Chief Operating Officer at the Gulfshore Playhouse; Robert Vayda, Architect at Beck Architectural Group; Scott Windham, Landscape Architect at Windham Studio Inc.; Stephen Coleman, Civil Engineer at Barraco and Associates, Inc.; and Norman Trebilcock, Transportation Engineer at Trebilcock Consulting Solutions, PA. He then utilized an electronic presentation to overview a request to recommend approval for a conditional use to allow a 17-unit transient lodging establishment as part of a mixed-use development and approval of the site plan located at 1090 1st Avenue South. He explained that the Gulfshore Playhouse will have a 20-year lease for the third-floor units from Downtown Naples LLC, which will be occupied by guest artists for the Playhouse. Architect Vayda provided an overview of the architectural plans and the renderings. Jeffrey Wasco, Civil Engineer at Baracco and Associates, overviewed the Stormwater Management Plan, fire hydrants, sewer and water connections. Responding to questions, Attorney Davies agreed to a recorded covenant that would guarantee the apartments will be exclusively used for the Playhouse guest artists. To dispel Members’ concerns, City Attorney Andrew Dickman stated that the language of the conditional use ~ ~ ~ -- -- G='-------- ~ is;;::> -----~-- ---~ ----G='---- ~ ~ ~ ~ ---G='- ---- ----- ---G='-- --- ~-------~ -------- ~ ------ --~ ----=------~- -------G.=>- ----- ~ ~ ----------- cs;;;:;

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 10 Resolution could be written so that if the partnership between the Gulfshore Playhouse dissolves, that any future uses of the apartments will have to return to City Council for approval. Members asked if there was a better method to conditioning those terms, noting that the term “transient lodging” did not appear to fit the use of the apartments. Planning Director Erica Martin reviewed the definition of “transient lodging” in the Naples City Code and explained that due to the guest artists using the apartments anywhere from two to four weeks at a time, and more than three times during the year, that use would be considered transient lodging. Public Comment: Megan Miller was not present when called but left a written comment in opposition to the transient lodging Conditional Use request. Mitchell Hertz stated that the Gulfshore Playhouse rented residential units in unincorporated Collier County to address the needs of housing guest artists. He stated that this private sector solution will meet the needs of the Playhouse and will make 17 residential units in the community available for other tenants. He requested that the Board recommend approval. Deputy Planning Director Leslee Dulmer testified on behalf of the City and provided an overview of the staff report and the conditions contained therein. She stated that 699 letters were mailed to neighboring property owners and two letters of opposition were received relating to the conditional use request. Deputy Planning Director Dulmer stated that staff reviewed Conditional Use Petition 24-CU6 against the standards in Section 46-34(d) of the Naples City Code and found that the standards had been met. She then stated that staff reviewed Site Plan Petition 23-SP20 against the standards in Section 46-33(g) of the Naples City Code and found it was sufficient with conditions noted in the staff report. Deputy City Engineer Alison Bickett provided information regarding the fees associated with improving the roundabouts, noting that the roundabouts at 3rd Avenue South, at 11th Street South and 12th Street South did not meet current design standards and need to be updated soon and that the costs will be shared between the City and the various developments within the Naples Square Planned Development. MOTION by Coughlan to RECOMMEND APPROVAL of Conditional Use Petition 24-CU6, subject to the following conditions: 1) the petitioner will record a restrictive covenant in a form approved by the City Attorney that limits the transient lodging use to guest artists of the Gulfshore Playhouse; and 2) the Conditional Use will run with the land and is limited to the partnership between the Gulfshore Playhouse and Downtown Naples, LLC.; seconded by Dabney and carried 6-1 (Mair-no, Kapler-yes, Fiore-yes, Dabney-yes, Coughlan-yes, Crees-yes, Cross-yes). Member Mair explained that he dissented because he preferred to have stronger language associated with the transient lodging to deter it from being run similar to an Airbnb in the future. Member Coughlan then made a motion to recommend approval of Site Plan Petition 23-SP20 and Chair Cross requested to amend the motion, adding two conditions. Member Coughlan approved and the following amended motion was proffered. MOTION by Coughlan to RECOMMEND APPROVAL of Site Plan Petition 23- SP20 subject to the one condition that the petitioner create an actionable stormwater maintenance plan; seconded by Cross and unanimously carried, all Members present and voting (Kapler-yes, Dabney-yes, Coughlan-yes, Mair-yes, Crees-yes, Fiore-yes, Cross-yes). Item 7.I Attachments Staff Report Resolution Application Deeds Disclosure of Interest Survey Transient Lodging Operations Outline Architectural Plans Area Location Map Renderings Landscape Plans Lighting Plan Civil Plans Credentials - Petitioner Credentials - Planning Department -- ~ -- ~ -- ~ - ~ ---- ~ ~ --------==-------=-- G=J ~ - ~ -- ~ --~~ ~~-- ~ -- ~ ----- ~ ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 11 Naples Square Planned Development - Ordinance 2021-14658 Affidavit of Sign Posting - October PAB Affidavit of Sign Posting - November PAB Public Notice Mailing Addresses Correspondence Traffic Impact Statement Brooker Presentation (Petitioner Added Attachment) Architectural Presentation (Petitioner Added Attachment) Public Comment (M. Miller Added Attachment) Item 7.J Attachments Staff Report Resolution Application Deeds Disclosure of Interest Evidence of Signature Authority Survey Architectural Plans Civil Plans Proportionate Share Memorandum Surface Water Management Calculations Solid Waste Generation Calculations Vehicle Tracking Exhibit Landscape Plans Credentials - Petitioner Credentials - Planning Department Naples Square Planned Development - Ord. 2021-14658 Lighting Plan Public Notice Mailing Addresses Affidavit of Sign Posting - October PAB Affidavit of Sign Posting - November PAB Correspondence Traffic Impact Statement Brooker Presentation (Petitioner Added Attachment) Architectural Presentation (Petitioner Added Attachment) It is noted for the record that Member Coughlan left at 4:36 p.m., during item 7.K. 7.K) A Resolution for the Purpose of Determining Conditional Use Petition 24-CU11 Pursuant to Section 46-34 and Section 58-904 of the Code of Ordinances, City of Naples, to Allow for Eighteen (18) Transient Lodging Units on the Second and Third Floors of Mixed-Use Development on the Property Located at 570 9th Street North. Chair Cross read the title of the item. This being a quasi-judicial proceeding Notary Public Ali Duran administered an Oath to those intending to testify; Crees / aware of the property and had no other information to disclose; Mair, Barone, Kapler, Fiore, Cross, Coughlan, and Dabney / had no information to disclose. Noel Davies, Attorney at Davies Duke, introduced the project team: Gorgan Strojkoski, owner; Mark McLean, Architect and National Director at MHK Architecture; Christian Andrea, Landscape Architect at Architectural Land Design; Andrew Rath, Civil Engineer at Davidson Engineering; and Norman Trebilcock, Transportation Engineer at Trebilcock Consulting Solutions. Attorney Davies then utilized an electronic presentation to overview a conditional use request to allow 18 transient lodging units on the second and third floors of a mixed-use development located at 570 9th Street North. Architect McLean utilized an electronic presentation to overview the architectural design and renderings. Civil Engineer Rath overviewed the sidewalks, the parking, the Stormwater Management Plan, and the replacement of the water main the entire length of the alley. Landscape Architect Andrea completed the presentation by overviewing the hardscape, landscape, and planting plans. Planner II Jeffrey Brammer testified on behalf of the City and overviewed the staff report, and the conditions contained therein. Staff reviewed Conditional Use Petition 24-CU11 against the standards in Section 46-34(f) of the Naples City Code and found that the standards had been met. Public Comment: None. Discussion ensued and some Members stated that the use did not meet the intent of the zoning district, noting that the development did not provide workforce housing, while others expressed the view that it was consistent with the Comprehensive Plan by revitalizing the area. Chair Cross ~ ~ er;;:; ~ ~ er;;:; er;;:; ~ ~ er;;:; er;;:; er;;:; G=> G=1 ~ G=1 ~ G=' G=> ~ ~ G=' rs;;.::; G=> ,s;;=, ,s;;=, cs;;;::> cs;;=> G=1 ,s;;=, cs;;;::> G=> G=J

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 12 expressed concern that the hotel will not be properly staffed and will act more like an Airbnb than a luxury boutique hotel. Owner Gorgon Strojkoski assured the Board that this will be a boutique luxury hotel and that he and his family will be managing it. He stated that the intent was to provide a place for families to stay if they had a family member admitted to the hospital. Mr. Strojkoski described the patrons as being very high-end and the rooms were expected to cost approximately $1,000.00 a night during peak season. Regarding concerns about staffing, Architect McLean stated that there will be a maintenance person on site most of the time with a staff member being available by phone around the clock. He offered to present an Operation Plan to City Council if necessary. To ease the Board’s concerns regarding the use of the building, Attorney Davies suggested the petitioner record a restrictive covenant that limits the second and third floor as a true hotel. MOTION by Dabney to RECOMMEND APPROVAL of Conditional Use Petition 24-CU11 subject to the condition that the petitioner will record a restrictive covenant that requires the hotel to operate as a true hotel with a manned lobby and dedicated full-time staff; seconded by Fiore and carried 6-1 (Coughlan-absent, Crees-yes, Barone-yes, Dabney-yes, Kapler-yes, Fiore- yes, Mair-no, Cross-yes). Staff Report Resolution Application Disclosure of Interest - Owner Warranty Deed Affidavit of Authorization Survey Aerial Architectural Plans Landscape Plans Civil Plans Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting Traffic Impact Statement Presentation (Petitioner Added Attachment) 7.L) A Resolution for the purpose of determining Variance Petition 24-V2 pursuant to Section 58-176 of the City of Naples Code of Ordinances to allow for encroachment into the rear yard setback for the purpose of installing a whole home emergency generator at the property owned by Sissel H. Cooper Trust located at 656 5th Avenue North, more fully described herein with a date effective. Chair Cross read the title of the 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 made the ex parte disclosure that each had no information to disclose. Peter Bos, resident at the subject property, overviewed the variance request to allow the installation of a whole home emergency generator that would encroach into the rear yard setback by five feet. He utilized a survey to depict the position of the generator on the property. He stated that there was an area inside the privacy wall, closer to the pool, that would not be in the setback, but a flower garden would have to be torn out. Mr. Bos identified that the backyard abutted a dirt alley, and the garages already encroach into the setback, as permitted by Naples City Code. Planning Director Erica Martin noted that the generator would need to be installed on a concrete pad and space around the generator must remain clear, and it must be shielded from view, pursuant to the Florida Building Code Senior Planner Nate Jones testified on behalf of the City and provided an overview of the staff report and the conditions contained therein. He stated that staff reviewed the petition against the variance criteria in Section 46-37(c) of the Naples City Code and found that the request did not meet the following Threshold Criteria: 1. Literal interpretation of the Code would cause unnecessary or unreasonable hardship or would deprive the applicant of the reasonable use of the property. 2. The variance will be otherwise consistent and in harmony with the general intent and purpose of the comprehensive plan, the Land Development Code, and adjacent properties' zoning. ~ ~ ~ ~ ~ cs;;:, ~ ~ ~ ~ ~ - ~ ~ cs;;:, ~ ~ ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 13 5. The applicant has taken all reasonable steps to mitigate, relocate, or redesign the structure so that a variance would be unnecessary. 6. The variance will be compatible in character and scale and will not be injurious to the neighborhood and surrounding properties. 7. The plight of the applicant is due to unique circumstances not created by the applicant. For purposes of this provision the applicant is not considered to stand in the shoes of their predecessors in interest. Senior Planner Jones continued, noting that the following additional criteria were also not met and criteria four and five did not apply to this request: 1. The city council will determine whether or not the applicant is culpable for the actions of its agent or 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 to the need 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. Public Comment: None. MOTION by Dabney to RECOMMEND APPROVAL of Petition 24-V2; seconded by Fiore and carried 5-2 (Barone-no, Coughlan-absent, Crees-yes, Dabney- yes, Fiore-yes, Kapler-yes, Mair-yes, Cross-no). Staff Report Resolution Variance Petition Application Disclosure of Interest Warranty Deed Warranty Deed Signature Proof of Ownership Survey Credentials- Staff Public Notice Mailing Addresses Affidavit of Sign Posting It is noted for the record that items 7.M through 7.P were discussed concurrently and acted upon separately. 7.M) 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. 7.N) 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. 7.O) 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. 7.P) 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, G:J _~~ G:J G:J -- ~ --------,,-=-- _-G=>~--- ~ -- ~ ~---- G:=> --- G:=>

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 14 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. City Attorney Andrew Dickman introduced the items and gave Members the option to continue the legislative matters to the December 12, 2024 meeting due to it being late in the day. Discussion ensued and Members requested staff to provide the original Ordinance language and the red line version at the December meeting. The following motion was then proffered. MOTION by Mair to CONTINUE items 7.M through 7.P to the December 12, 2024 meeting; seconded by Dabney and carried 7-0 (Fiore-yes, Kapler-yes, Coughlan-absent, Dabney-yes, Barone-yes, Crees-yes, Mair-yes, Cross-yes). Item 7.M Attachments Agenda Memorandum Ordinance 2023-15040 Ord - Planned Developments Opinion SB 250 interpretation SB250 Memo May 3, 2024 Item 7.N Attachments Agenda Memorandum Ordinance 2023-15041 ord - Lot Combinations Opinion - SB 250 interpretation SB250 Memo May 3, 2024 Item 7.O Attachments Agenda Memorandum Ordinance 2023-15048 ord - Site Plans Opinion - SB 250 interpretation SB250 Memo May 3, 2024 Item 7.P Attachments Agenda Memorandum Ordinance 2023-15082 Ord - Lot Coverage for SF in MF District Opinion - SB 250 interpretation SB250 Memo May 3, 2024 8) Discussion Item(s) 8.C) Planning Advisory Board 2025 Meeting Schedule Planning Director Erica Martin presented the proposed meeting schedule highlighting that meetings were not scheduled in July and August. MOTION by Mair to APPROVE the 2025 Planning Advisory Board Meeting Schedule as presented; seconded by Mair and carried 7-0 (Dabney-yes, Mair- yes, Fiore-yes, Coughlan-absent, Kapler-yes, Barone-yes, Crees-yes, Cross- yes). 2025 PAB Schedule 9) Public Comment None. 10) Correspondence and Communication Member Crees suggested adding subsections to the transient lodging definition within the Code, noting the broad expanse of units that transient lodging covers. Planning Director Erica Martin responded, noting that pursuant to Florida State Statutes, should the grandfathered Codes regarding transient housing be modified, they would be deemed mute and no longer enforceable. Chair Cross suggested that the Board interpret the conditions for conditional use as strictly as possible, ensuring that all standards and criteria as part of a conditional use request are met. He asked staff to consider the Comprehensive Plan when vetting Conditional Use Petitions. G,:) G,:) cs;.::> cs;.::> ~ ~ ~ ~ ~ cs;;=> ~ ~ ~ ~ ~ ~ ~ ~

Planning Advisory Board Regular Meeting – November 13, 2024 – 8:30 a.m. 15 11) Adjourn 5:19 p.m. ___________________________________ John Cross, Chair ______________________________________ Patricia L. Rambosk, City Clerk Minutes prepared by: _____________________________________ Ali Duran, Executive Assistant Minutes Approved: 01/08/2025.