Planning Advisory Board

City of Naples City Council Chamber 735 Eighth Street South Naples, Florida 34102 Planning Advisory Board Regular Meeting – January 8, 2025 – 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; and 2) 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: Matthew McConnell, City Attorney Erica Martin, Planning Director Jessica Rosenberg, Deputy City Clerk Others Present: Clay Brooker 3) Pledge of Allegiance Chair Cross led the Pledge of Allegiance. 4) Changes to the Agenda Planning Director Erica Martin announced that Item 7.A had been withdrawn and Item 7.B was continued indefinitely. MOTION by Cross to SET the agenda subject to withdrawing Item 7.A and continuing Item 7.B indefinitely; seconded by Barone and carried 7-0 (Kapler- yes, Dabney-yes, Crees-yes, Fiore-absent, Barone-yes, Mair-yes, Coughlan,- yes, Cross-yes). 5) Public Comment None. 6) Approval of Minutes Member Dabney noted a misspelling of Attorney Clay Brooker’s name in the December 12, 2024 meeting minutes. MOTION by Mair to APPROVE the November 13, 2024 meeting minutes and the December 12, 2024 meeting minutes subject to correcting a scrivener’s error in the spelling of “Brooker”; seconded by Crees and carried 7-0 (Coughlan-yes, Mair-yes, Crees-yes, Kapler-yes, Dabney-yes, Barone-yes, Fiore-absent, Cross-yes). 6.A) Approval of the November 13, 2024 Planning Advisory Board minutes. 2024-1113 pabr minutes

Planning Advisory Board Regular Meeting – January 8, 2025 – 8:32 a.m. 2 6.B) Approval of the December 12, 2024 Planning Advisory Board minutes. 2024-1212 pabr minutes 7) Public Hearing(s) 7.A) A Resolution for the Purpose of Determining Conditional Use Petition 25-CU1 Pursuant to Section 46-34 and Section 58-593 of the Code of Ordinances, City of Naples, to Allow for a Church in the C2 General Commercial Zoning District on the Property Owned by Naples Community Church, Inc., and Located at 849 7th Avenue South. Withdrawn (see Item 4). 25-CU1 Staff Report 25-CU1_Resolution Application Disclosure of Interest - Owner Warranty Deed - Church Parcel Warranty Deed - Parking Parcel Survey - Church Parcel Survey - Parking Lot Parcel Aerial Architectural Plans Landscape Plans Civil Plans Lighting Plans 1 Lighting Plans 2 Traffic Study Engineering Report Resolution 2010-12626 - Existing CU Approval Resolution 15-13643 - City Lot Agreement Credentials - Petitioner Credentials - Staff Public Notice Mailing Addresses Affidavit of Sign Posting 7.B) 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. Continued indefinitely (see Item 4). Staff Report Ordinance Email to City from Port Royal Association re: Dock Code Submission for January PAB Email to City Council from Port Royal Association re: Dock Code Port Royal Association Proposed Amendments to Sec 58-121 -- Pier location and dimensions Port Royal Association Proposed Dock Graphics Analysis of Dock Lengths 7.C) An Ordinance for the Purpose of Amending Regulations for Outdoor Dining on Public Property; Amending Section 56-126, Outdoor Dining, of Article IV, Standards Applicable to Commercial Districts, of Chapter 56, Supplemental Standards; Amending Section 58-1134, Specific Provisions, of Division 6, 5th Avenue South Special Overlay District, of Article III, Special Overlay Districts, of Chapter 58, Zoning, of the Code of Ordinances of the 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. Planning Director Erica Martin provided a brief introduction. She noted that the Board had previously heard this ordinance, but City Council continued it at its Second Reading to allow the City Attorney to ensure that the amendments would not be in violation of Senate Bill 250 (SB 250). The City Attorney’s Office later determined that the amendments did not violate any State Law, recognizing that the Ordinance related to public property, and SB 250 addressed private property rights. Planning Director Martin overviewed the proposed changes that included increasing the clear path from five feet to eight feet, or 50-percent of the sidewalk width, whichever was greater. She also provided information regarding an increase in the annual permit fees, noting that they will be addressed by City Council as an amendment to Appendix A of the Naples City Code. Although Chair Cross disagreed with grandfathering existing outdoor dining permits that have a five-foot clearance, he agreed with the way the Ordinance will phase out outdoor dining permits through a change of ownership and potentially though actions resulting from Code Compliance violations.

Planning Advisory Board Regular Meeting – January 8, 2025 – 8:32 a.m. 3 Public Comment: Clay Brooker asked the City to reconsider the impact of SB 250 on this Ordinance, noting that the Florida Statutes do not define the difference between private and public property. He further asked the Board to consider how these amendments will affect the businesses that have outdoor dining on public property and expressed concern that the City may be placing itself at risk of a legal challenge. A brief discussion ensued, and the following motion was proffered. MOTION by Coughlan to RECOMMEND APPROVAL; seconded by Mair and carried 6-1 (Crees-yes, Mair-yes, Coughlan-yes, Fiore-absent, Barone-yes, Dabney-yes, Kapler-no, Cross-yes). PAB Staff Report Ordinance Proposed Fee Amendment - 2023 Agenda Memorandum Sec. 56-126. Outdoor dining. - Full Code Section Redline Sec. 58-1134. Specific provisions. - Full Code Section Redline PAB Minutes 4-12-2023 - Item 7E CC Minutes 6-7-2023 - Item 14D 8) Public Comment None. 9) Correspondence and Communication Responding to Member Mair, City Attorney Matthew McConnell stated that he will be providing Planning Director Erica Martin a one-page quasi-judicial procedure guide for dissemination to the Board. City Attorney McConnell confirmed that the Level of Service presentation was still scheduled for the February 12, 2025 meeting. Member Mair requested status updates regarding the Traffic Impact Study and the Comprehensive Plan Amendment request for proposal. Planning Director Martin stated that interviews with the top firms for the Comprehensive Plan Amendments occurred on January 7, 2025. She further explained that the item was expected to be heard by City Council at its February 20, 2025 Regular Meeting. Regarding the Traffic Impact Study, City Attorney McConnell informed the Board that a consultant will be selected at the January 15, 2025 Regular City Council Meeting to complete the initial study. Chair Cross asked to modify the agenda and add a standing item for “Staff Items”. He asked that this section be used to provide the Board with updates for items, namely, the Traffic Impact Study and the Comprehensive Plan amendments. Planning Director Martin responded, stating that she could provide updates regarding the Comprehensive Plan Amendments and would relay the request to the appropriate Department Directors regarding the Traffic Impact Study updates. Discussion then continued from previous meetings regarding the Traffic Impact Study. Planning Director Martin informed the Board that traffic impact will be a large portion of the Comprehensive Plan update and the Traffic Element. The Board confirmed that Member Mair was appointed as liaison for the Traffic Impact Study. Member Mair asked to draft a recommendation on behalf of the Board to City Council to allocate staff and time to research the best practices in other areas for reviewing traffic impacts; there were no objections.

Planning Advisory Board Regular Meeting – January 8, 2025 – 8:32 a.m. 4 10) Adjourn 10:02 a.m. ___________________________________ John Cross, Chair _______________________________ Patricia L. Rambosk, City Clerk Meeting clerked by: _______________________________ Jessica Rosenberg, Deputy City Clerk Minutes prepared by: Ali Duran, Executive Assistant Minutes Approved: 02/21/2025.