Agenda 03/16/2004 W COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP AGENDA
March 16, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Chairman, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
1
March 16, 2004
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. Staff Presentation/Overview of Boathouses
2. Code Enforcement Update - Canvas Boathouse Covers
3. Public Comments
2
March 16, 2004
EXECUTIVE SUMMARY
WORKSHOP TO DISCUSS THE LAND DEVELOPMENT CODE REGULATIONS
PERTAINING TO BOATHOUSES AND WHETHER OR NOT TO ALLOW
BOATHOUSES TO BE CONTINUED TO BE PERMITTED ACCESSORY
STRUCTURES IN COLLIER COUNTY.
OBJECTIVE: To hold a workshop in response to the Board's desire to discuss whether or not
Boathouses should be continued to be permitted accessory structures in Collier County.
CONSIDERATIONS: The Land Development Code (LDC) presently permits Boathouses as
accessory structures within Collier County. The LDC specifies the allowable dimensions and
other requirements for the establishment of a boathouse. These include minimum setback
requirements, maximum protrusion into the waterway, maximum height and a maximum number
of boathouses per site. The LDC requires boathouses to be completely open on all four sides and
requires the roofing material of the boathouse and the roof color to be the same materials and
colors used on the principal structure (or permits palm front "chickee' style). The LDC requires
that the boathouse be located to minimize the impact on the view of the adjacent neighbors to the
greatest extent practical.
GROWTH MANAGEMENT PLAN: This proposal has no immediate impact on the Growth
Management Plan. Staff will ensure that future amendments to the LDC are consistent with the
Growth Management Plan and any future changes thereto.
FISCAL IMPACT: Per this workshop there will be no fiscal impact. Should the workshop
result in direction to staff to eliminate boathouses as permitted structures or modify the adopted
development criteria, any fiscal impact as a result of that direction will be analyzed during the
applicable Land Development Code amendment cycle.
RECOMMENDATION: That the Board of County Commissioners consider the information
presented by staff and give direction to staff to take action in the form of amendments to the
Land Development Code and/or Growth Management Plan which best serve the interests of the
public.
PREPARED BY:
~RRA~O R
ZONING DEPARTMENT
DATE
APPROVED BY:
/J~SEPH K. ~{~I~MITT, ADM~INISTRATOR D3~TEt
OMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
1 6 200q
/
TIME
45 Minutes
AGENDA
BCC WORKSHOP -MARCH 16, 2004, 9:00 A.M.- 12:00 P.M.
TOPIC
1. Staff Presentation/Overview of Boathouses (see outline of
discussion/presentation)
15 Minutes
10 Minute Break
1 Hour +
2. Code Enforcement Update - canvas Boathouse covers
3. Public comments
MAR 16 200~
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Outline of discussion/presentation
1. Definition of Boathouse
2. Permitting and Approval History
3. Current Development Criteria
4. County-wide Examples of Existing Boathouse Structures
$. Approval History
6. Proposed Action
7. Considerations
8. Alternatives
9. Code Enforcement Discussion on Status of Canvas Covers
MAR 1 6 200~
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Land Development Code Section 2.6.21.2. Dock facility requirements and restrictions.
(Boathouse criteria)
A~;IDA IT~
MAR i6 200~
Sec. 2.6.21. Dock facilities.
2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, 'lifts and
the like are permitted to serve the residents of a development on canal or waterway lots,
provided they do not protrude more than the respective distances specified in sections
2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks and the like are primarily
intended to adequately secure moored vessels and provide safe access by users for routine
maintenance and use while minimally impacting the navigability of the waterway, the
native marine habitat, manatees, and the use and view of the waterway by surrounding
property owners. Permitted dock facility protrusions as well as extension of dock
facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap
line, or Mean High Water line, whichever is more restrictive. On unbridged barrier
islands, a boat dock shall be considered a permitted principal use; however, a dock shall
not, in any way, constitute a use or structure which permits, requires, and/or provides for
any accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered
an accessory use or structure. Boathouses shall be required to be approved through the
procedure and criteria in section 2.6.21.3 and 2.6.21.4.
Regardless of the length of protrusion, boathouses proposed on residentially zoned
properties as defined in section 2.1.14 of this code, shall be considered a conditional use
and shall be approved by the board of county commissioners pursuant to the procedures
set forth in section 2.7.4 and shall be reviewed based on the applicable criteria referenced
therein, as well as the applicable criteria found in sections 2.6.21.1.1 through 2.6.2.1.10
of this code.
2.6.21.2. Dock facility requirements and restrictions. The following criteria apply to
dock facilities and boathouses.
2.6.21.2.1. For lots on a canal or waterway that is 100 feet or greater in width, no
boathouse, dock facility/boat combination shall protrude more than 20 feet into the
waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the
moored vessel).
2.6.21.2.2. For lots on a canal or waterway that is less than 100 feet in width, dock
facilities may extend/protrude not greater than five feet into said canal or waterway. No
dock extension shall be granted to allow a dock facility/boat combination to protrude
more than 20 feet into the waterway and/or cause less than a minimum of 50 percent of
the platted canal width between dock structures/moored vessel(s) on the opposite side of
the canal to be unobstructed, whichever is more restrictive.
2.6.21.2.3. For lots on a canal or waterway that is less than 70 feet in width, the dock
facility extension procedure identified in section 2.6.21.3 is not available (i.e., such lots
are limited to a five-foot dock facility).
AGENDA ITF-.J~
No.
MAR 1 6 200q
2.6.21.2.4. All dock facilities on lots with water frontage of 60 feet or greater shall have a
side setback requirement of 15 feet, except as provided in sections 2.6.21.2 or 2.6.21.4 or
as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet
of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities
(except boathouses) on lots at the end or side end of a canal or waterway shall have a side
setback requirement of 7 1/2 feet as measured from the side lot line or riparihn line,
whichever is appropriate. For purposes of this section, riparian line shall be defined as a
line extending from the comer of an end lot and side end lot into the canal or waterway
bisecting equidistantly the angle created by the two intersecting lots. (See exhibit A.)
2.6.21.2.5. All dock facilities, regardless of length/protrusion, shall have reflectors and
house numbers four inches minimum size installed at the outermost end, on both sides.
For multifamily developments, the house number requirement is waived.
2.6.21.2.6. All dock facilities are subject to, and shall comply with, all federal and state
requirements and permits, including but [not] limited to the requirements and permits of
the Florida department of environmental protection, the U.S. Army Corps of Engineers,
and the U.S. Environmental Protection Agency.
2.6.21.2.7. Protection ofseagrass beds. Where new docking facilities are proposed or
boat dock extensions, the location and presence of seagrass or seagrass beds within 200
feet of any proposed dock facility shall be identified on an aerial photograph having a
scale of one inch to 200 feet when available from the county, or a scale of one inch to 400
feet when such photographs are not available from the county. The location of seagrass
beds shall be verified by a site visit by the site development review director or his
designee prior to issuance of any project approval or permit.
2.6.21.2.7.1. All proposed dock facilities shall be located and aligned to stay at least ten
feet from any existing seagrass beds, except where a continuous bed of seagrasses exists
off the shore of the property and adjacent to the property, and to minimize negative
impacts to seagrasses and other native shoreline, emergent and submerged vegetation and
hard bottom communities.
2.6.21.2.7.2. Where a continuous bed of seagrasses exists off the shore of the property
and adjacent to the property the applicant shall be allowed to build a dock across the
seagrasses, or a docking facility within ten feet of seagrasses. Such docking facilities
shall comply with the following conditions:
1. The dock shall be at a height of at least 3.5 feet NGVD.
2. The terminal platform of the dock shall not exceed 160 square feet.
3. The access dock shall not exceed a width of four feet.
The access dock and terminal platform shall be sited to impact the smallest area of
seagrasses possible.
AGENDA ~TEId
No..
MAR 1 6 200
2.6.21.2.7.3. The petitioner shall be required to demonstrate how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom communities have been
minimized prior to any project approval or permit issuance.
2.6.21.3. Dock facility extension; boathouse establishment criteria: Additional
length/protrusion beyond said respective distances specified in section 2.6.2}.2.1 and
2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of the protrusion
into the waterway or the width of the waterway, shall require public notice and a hearing
by the Collier County Planning Commission. As to any boat dock extension petition upon
which the planning commission takes action, pursuant to section 5.2.11 of this Code, an
aggrieved petitioner or adversely affected property owner may appeal such final action to
the board of zoning appeals. The board of zoning appeals may affirm, affirm with
conditions, reverse, or reverse with conditions the action of the planning commission.
Such appeal shall be filed with the community development and environmental services
commission and shall be noticed for hearing with the board of zoning appeals pursuant to
the procedures and applicable fee set forth in section 1.6.6 of this Code. The planning
commission shall base its decision for approval, approval with conditions, or denial, on
the following criteria:
2.6.21.3.1. Whether or not the number of dock facilities or slips to be located on the
subject property is appropriate in relation to the length of waterfront property available
for the location of the proposed dock facilities.
2.6.21.3.2. Whether or not the water depth where the proposed dock facility is to be
located is sufficient to allow for safe mooring of the vessel, thereby necessitating the
extension request.
2.6.21.3.3. Whether or not the proposed dock facility and moored vessel(s) in
combination may have an adverse impact to navigation within an adjacent navigable
channel.
2.6.21.3.4. Whether or not the proposed dock design and moored vessel protrude greater
than 25 percent of the width of the navigable canal greater than 20 feet for boathouses,
and whether or not a minimum of 50 percent of the platted canal width between dock
structures/moored vessel(s) on the opposite side of the canal is maintained in order to
ensure reasonable waterway width for navigability.
2.6.21.3.5. Whether or not there are special conditions related to the subject property or
waterway which justify the proposed dimensions and location of the subject dock.
2.6.21.3.6. Whether or not the proposed dock is of minimal dimensions necessary in
order to adequately secure the moored vessel while providing reasonable access to the
boat for routine maintenance, without the use of excessive deck area.
2.6.21.3.7. Whether or not the proposed structure is of minimal dimensions to minimize
the impact of the view of the waterway by surrounding property owners. A~A ~xOa
MAR 1 6 200q
2.6.21.3.8. Whether or not the proposed vessel is in excess of 50 percent of the l~ngth of
the water frontage such that the addition of a dock structure will increase the impact on or
negatively impact the view of the waterway by surrounding property owners.
2.6.21.3.9. Whether or not the proposed location and design of the dock/vessel
combination is such that is may infringe upon the use of neighboring properties,
including any existing dock structures.
2.6.21.3.10. Regarding existing benthic organisms in the vicinity of the proposed
extension.
(a) Whether or not seagrasses are located within 200 feet of the proposed dock; and
(b)
Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
2.6.21.3.11. If deemed necessary based upon review of the above criteria, the planning
commission may impose such conditions upon the approval of an extension request it
deems as necessary to accomplish the purposes of this code and protect the safety and
welfare of the public. Such conditions may include, but shall not be limited to, greater
side setback(s), provision of light(s), additional reflectors, or reflectors larger than four
inches, and prohibiting or permitting mooring on the outside of the dock facility.
2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a
dock, shall be reviewed by the Planning Commission according to the following criteria,
all of which must be met in order for the Planning Commission to approve the request:
2.6.21.4.1. Minimum side setback requirement: 15 feet.
2.6.21.4.2. Maximum protrusion into waterway: 25 percent of canal width or 20 feet,
whichever is less; the roof alone may overhang no more than three feet into the waterway
beyond the maximum protrusion and/or side setbacks.
2.6.21.4.3. Maximum height: 15 feet as measured from top of seawall or bank, whichever
is more restrictive, to-the peak or highest elevation of the roof.
2.6.21.4.4. Maximum number of boathouses per site: One.
2.6.21.4.5. All boathouses and covered structures shall be completely open on all four
sides.
2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used
on the principal structure or may be of a palm frond "chickee" style; a single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the
construction of any boathouse or covered structure.
NAR 1 6 200
2.6.21.4.7. The boathouse or covered structure must be so located as to minimize the
impact on the view of the adjacent neighbors to the greatest extend practical.
(Ord. No. 92-73, § 2; Ord. No. 93-37, § 3; Ord. No. 94-58, § 3, 10,21-94; Ord. No. 95-
58, § 3, 11-1-95; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D, 6-4-97)
Code references--Coastal zone protection, § 22-286 et seq.;
AGENDA ITEM
No.
MAR 1 6 200
Code Enforcement Discussion on Status of Canvas Covers
AGENDA ITEM
No.
HAR 1 6 200~
Canvas Covers as Boathouses:
Update from Code Enforcement:
We have conducted an inventory of the boathouses in most of the County. The only
areas not yet addresses arc in the southeastern portion of the County (Goodland,
Plantation areas).
Inventory: 247 total boathouses
48 boathouses with canopy covers
Considerations:
During a public meeting to consider the provision of boathouses on thc Little Hickory
boat dock lots thc BCC concluded that boathouses constructed with canopy covers would
not be an acceptable structure in Collier County.
Recommendation:
Staff would like to reconfirm this position in order to proceed with enforcement of the 48
canopy structure identified.
Michelle Edwards Arnold
Code Enforcement Director
MAR 1 6 200~