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LDRSC Minutes 04/30/2014 Land Development Review Subcommittee of the Development Services Advisory Committee Minutes April 30 , 2014 April 30,2014 ctLED #43 ,.^I NTY. FLORIDA ly JUti WWI I% OF THE MEETING OF THE r,AND DXYAV OPMENT REVIEW SUBCOMMITTEE CLERK Or kdv OF THE DE SERVICES ADVISORY COMMITTEE Naples, Florida April 30, 2014 LET IT BE REMEMBERED, that the Land Development Review Subcommittee of the Collier County Development Services Advisory Committee, having conducted business herein, met on this date at 8:30 AM in SUBCOMMITTEE SESSION, in Conference Room "609/610," Growth Management Division, Planning & Regulation Office, at 2800 North Horseshoe Drive, Naples, Florida, with the following Members present: Chairman: Clay Brooker, Cheffy Passidomo Vice Chair: Robert Mulhere, Hole Montes Alexis Crespo, Waldrop Engineering Excused: Marco Espinar Absent: Mario Valle STAFF: Caroline Cilek, M.S., Senior Planner Ellen Summers, Planning Technician Heidi Ashton-Cicko, Esq., Assistant County Attorney April 30,2014 CALL To ORDER: Clay Brooker called the meeting to order at 8:35 AM. 1. Election of Officers: Robert Mulhere nominated Clay Brooker to serve as Chairman. Clay Brooker nominated Robert Mulhere to serve as Vice Chairman. Alexis Crespo offered a Second in support of both nominations. Mr. Brooker and Mr. Mulhere accepted their nominations and agreed to serve. Caroline Cilek noted the goal for the Committee was to review as many amendments as possible during the course of the meeting. 2014 LAND DEVELOPMENT CODE AMENDMENT CYCLE—LEVEL ONE 1. LDC AMENDMENT 1.08.02-DEFINITIONS CHANGE: To add the following definition to LDC Section 1.08.02: Transient public lodging establishment shall have the same definition as Chapter 509, Florida Statutes, as may be amended from time to time, which presently states "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." Caroline Cilek provided an overview: • Transient lodging had been defined as a period of less than six months • Proposed change will link LDC to Florida Statutes definition— o A homeowner would be allowed to rent his/her single family home to guests for a period of up to 30 days, but for no more than three times per year o Would not permit a homeowner to operate a bed and breakfast from his/her home Robert Mulhere referenced the definition of a"dwelling unit" in the Code: Dwelling(also called dwelling unit):Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than 1 family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen. Dwelling, multi-family:A group of 3 or more dwelling units within a single building. For purposes of determining whether a lot is for multi-family dwelling use, the following characteristics shall be considered: 2 April 30,2014 a. Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, or condominiums, and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base of ownership. For purposes of differentiating between multi-family residential dwelling units and other similar or related uses, and for density calculations purposes, the following shall apply: a. Any multiple-family dwelling in which dwelling units are available for rental for periods of less than one week more than three times per year shall be considered a tourist home, a motel, motor hotel, or hotel, as the case may be, and shall only be permitted in districts where specifically designated. Robert Mulhere stated the language "shall be considered" defines a transient lodging unit as a multi-family structure that is rented for less than one week. Chairman Brooker noted the issue was where there was a conflict between the two definitions. Mr. Mulhere suggested adding the phrase, "more than three times per year" following the word, "week." (See a. - above in bold) Chairman Brooker suggested cross-referencing the definitions. Additional comments: (1) What would happen to seasonal lease agreements executed before the new definition was approved by the Board of County Commissioners? • Chairman Brooker suggested the effective date should occur six months after the adoption of the change to the Amendment. Caroline Cilek noted the LDC does not enforce deed restrictions or special covenants of Homeowners' Associations. Chairman Brooker clarified: The policy change allows a residential dwelling unit to be rented for three times in a calendar year for period of less than 30 days each time OR a dwelling can be rented as many times as possible during a calendar year if the rental period is more than one month. Discussion ensued concerning whether a Condominium's By-Laws could supersede the Land Development Code. Chairman Brooker expressed his concerns that the definitions should be consistent. Consensus: Suggested changes to the Amendment will be reviewed by Staff and will be brought before the Committee for additional review. 2. LDC AMENDMENT 4.01.02 - KITCHENS IN DWELLING UNITS AND SECTION 5.03.03 - GUESTHOUSES CHANGE: To codify a 10-year old Staff(Zoning Department) clarification and the "Building Blocks" clarification from the Building Department and to identify how the Staff clarifications are being enforced from a review standpoint. 3 April 30,2014 The Committee has been requested to create a unified definition for a"kitchen," a "designated food preparation area," and an "apparent (non-designated) food preparation area." Robert Mulhere: "What you are saying is that a house can have a primary kitchen and a secondary kitchen. Nothing in the Code prohibits a homeowner from having a wet bar which is not to be considered as a 3`d kitchen." For example, if the plans note there is an oven or a range, the area is a kitchen. Clay Brooker: • Six feet or less of countertop is extremely small for a wet bar. • It is square feet or linear feet? • The Building Blocks mandates "six feet of length." Ellen Summers noted the key is for a wet bar not to have a 220-volt electrical outlet. Robert Mulhere: • If there is a 220-volt electrical outlet that is not explained, the area is to be considered as a kitchen. • A wet bar must not include a 220-volt electrical outlet. Clay Brooker: • Some of the larger houses have an attached "mother-in-law" suite with a secondary kitchen area which is allowed. • The existing definition of"guest house" is an accessory dwelling structure which may be attached or detached from the principal dwelling for the purpose of providing living quarters to temporary guests. • The proposed definition of guest house is "detached." Caroline Cilek pointed out a"guest house" is assessed additional Impact Fees. She acknowledged it is difficult to regulate an attached guest house. At issue: people who are applying for a Building Permit are trying to circumvent the review process by calling a guest house a"room" even though it has a kitchen to avoid paying higher Impact Fees. She noted "mother-in-law" suites at Ave Maria are attached to the main structure and are under one roof line. A question was asked concerning an outdoor("summer") kitchen and applicable regulations. Caroline Cilek stated she would research the issue. Chairman Brooker asked if a guest house was allowed only in certain zoning categories. Robert Mulhere clarified a guest house is allowed providing the lot has 150 feet of frontage and is a minimum of one acre. Consensus: The definitions will be modified and returned to the Committee for review. 4 April 30,2014 3. LDC AMENDMENT 4.02.01 - DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 - SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 5.03.02 - FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 9.03.03 - TYPES OF NONCONFORMITIES Caroline Cilek noted Staff had identified a number of Scrivener's errors and inconsistencies based on the use of older LDC Sections. Robert Mulhere questioned the definition of"Lot, corner" and suggested the following language: Lot, corner: A lot located at the intersection of two or more streets. Lot widths for such corner lots is measured using the front yard with the shorter street frontage shall establish the required minimum lot width. Chairman Brooker noted there is an exception for nonconforming lots where the other front can be reduced by 50%. He suggested the following modification: Lot, corner: A lot located at the intersection of two or more streets. The front yard with the shorter street frontage shall establish the required minimum lot width. "Yard, waterfront." • The phrase "control elevation contour" had been inserted from the old LDC definition. • Robert Mulhere expressed concern that the phrase was very confusing. • Caroline Cilek will research the definition of the phrase. The Tables were reviewed and typographical errors were corrected. • Page 9, at Line 22: The word, "than," was changed to "then." Section 9.03.03 - Types of Nonconformities • Robert Mulhere questioned the criteria to make a lot a nonconforming lot of record, i.e., area and width below the required amount. • Reference was made to Section 2.03.01 • Page 10, Line 36: The word, "more,"was changed to "less." • Robert Mulhere suggested the following language: "A nonconforming through lot may have a reduced front yard along the local road frontage. The reduction shall be computed at up to 15% and having an average of not less than 6 feet. The reduced front yard setback shall be prohibited along a collector or arterial roadway." • Paragraph 4 on Page 10 was eliminated. Consensus: The definitions will be revised by Staff and presented to the Committee for further review. 5 April 30,2014 Nonconforming Corner Lots sections • No issues Chairman Brooker pointed out the following typographical errors: • Change "font yard"to "front yard" (Paragraph 3, last sentence) • Paragraph 4: o Suggested change: "The proposed waterfront setback for single family is ten feet." o Suggested change: "The proposed waterfront setback for duplex is ten feet." Robert Mulhere inquired about a pending Amendment concerning changing the Floor Area Ratio for ALS from 0.45 to 0.6. Caroline Cilek stated during the last LDC Cycle, it did not go forward because additional justification on why the increase had not been developed. The topic will be added to the prioritized list. 4. LDC Amendment 2.03.03 - Commercial Zoning Districts Caroline Cilek stated the Amendment identifies several uses; the County is proposing to add conditional uses to C-1, C-2, C-3, C-4 and C-5. Eating Places: (C-1) • Carry out should be included • Automat is not local ("Horn& Hardart" -NYC) • Designed to encompass interior space—inside a campus or an office building or complex, i.e., food cart, snack bar or vendor • "Accessory Use" vs. "Conditional Use"—which is better? • Restrictions: o Must be physically integrated and operated from within the building with no direct exterior access o Only for use of building employees and their clients o Not"marketed"to general public, i.e., no extra foot traffic o No exterior signage o Would not appeal to a Starbucks or McDonald's • Primarily intended to serve the employees and clientele of a C-1 use Ms. Cilek asked the Committee for their opinion regarding changing from a Conditional Use to an Accessory Use. Chairman Brooker suggested imposing a size limitation, i.e., if the County is going to create an Accessory Category, size limitations that are purely accessory should be included, i.e.,permitted as incidental to the primary use but become "conditional"when a certain size (for example: 700 square feet) is exceeded. Robert Mulhere stated it should not be a problem for a large office complex to have a cafeteria. It would not be advertised and would only be available to the employees in the complex and their guests. 6 April 30,2014 Caroline Cilek suggested allowing an"eating place" as a Conditional Use initially, to be revisited when standards and dimensions have been determined. Marina: (C-2) • Bob Mulhere noted a Marina does not necessarily have to be located on the water. He was concerned about excluding boat yards, storage and incidental repair. o He asked if, in C-2 zoning, there was property with access to the water. Commercial Intermediate District (C-3) • Add (enclosed) indoor a/c self-storage to C-3, subject to architectural standards o There is a demand for this service • Car dealerships—sales of new and used vehicles o Issue is the method of delivery of vehicles • Recommendation: For the proposed C-3 conditional use, consider "Adequacy" of the buffer(s), rather than"enhancement" of the buffer(s). General Commercial District(C-4) • A"used" car lot is not allowed in C-4 but is allowed in C-5 • Automotive dealerships (5551) and gasoline service dealers are conditional uses • It was noted that"Boat dealer" is also included under 5551 • 5561 - recreational vehicle dealers Heavy Commercial District (C-5) • Add: Packing Services (4783)—crating/packing goods for shipping as a conditional use 5 . LDC Amendment 2.03.03 Commercial Zoning Districts- Utilizing existing buildings • Purpose: For buildings that have more square footage than the use normally would allow for. This incentivizes the re-use of larger buildings in C-2 and C-3 districts. • Also looking at creating another amendment which would allow other uses to avoid the conditional use application but would have additional buffer requirements/ standards. • Robert Mulhere advocated increasing the limitations from 6,000 which he stated were outdated; the purpose was to eliminate a single-use "big box" store in C-3. He recommended increasing to 6,000 square feet to address market demands and avoid forcing as many conditional uses. The purpose was not to restrict, but rather stay consistent with the purpose and intent of the neighborhood. • Caroline Cilek will carry on recommendation to increase square footage limitations so as to not force as many conditional uses. Will let Mike Bosi know we are improperly using the term "Zoning in Progress." 6. LDC Amendment 2.03.07- Overlay Zoning Districts • Purpose: To correct Scrivener's errors • TDR Extension—extending from 2012 to March 27, 2015 o Unless further extended by the Board of County Commissioners 7 April 30,2014 7. LDC Amendment 3.05.02—Exemptions from Requirements for Vegetation Protection and Preservation • Relocation of Mechanical Clearing o Mechanical removal is defined as clearing that would impact or disturb the soil or sub-soil layers or root systems of plants below the ground. A permit is required. 8. LDC Amendment 3.05.07 Preservation Standards • No issues 9. LDC Amendment 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts • Update of the cross reference 10. Section 4.02.16 Design Standards for Bayshore • Provides opportunity for businesses in Bayshore to use more vibrant colors— level 10 saturation ... brighter color level on color chart. 11. LDC Amendment 4.06.02- Buffer Requirements • Fixing errors • Staff had been utilizing sections of the code that were not retained in the LDC. Re- integrating the section. 12. LDC amendment 5.03.02- Fences and walls, excluding sound walls • Ellen and Caroline will continue working on There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 11:30 AM. DSAC—LAND DEVELOPMENT REVIEW SUBCOMMITTEE CLAY BROOKER, CHAIRMAN The Minutes were proved by the Board/Committee on "n'� /? / , 2014 "as submitted" OR "as amended" F 1. 8