DSAC Agenda 10/15/2024Collier County
DSAC — Land Development Review Subcommittee
2024 Land Development Code Amendments
Agenda
Tuesday, October 15, 2024
3:00 pm
2800 N. Horseshoe Dr., Naples, FL 34104
Growth Management Community Development, Conference Rooms 609/610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time.
Speakers are required to fill out a "Speaker Registration Form", list the topic they wish to address, and hand it to the Staff
member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your
name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any
personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be
recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all
statements being made.
1. Call to order - Chairman.
2. Approval of Agenda
3. Old Business
4. New Business
a. PL20240009067 Guesthouse Rentals in Urben Estates
5. Public Speakers
6. Upcoming DSAC-LDR Subcommittee Meeting Dates:
a. Tuesday, November 19, 2024—TBD
b. Tuesday, December 17, 2024—TBD
7. Adjourn
Page 3
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountyfl.gov
..,)Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240009067
ORIGIN
Board of County
Commissioners (Board)
SUMMARY OF AMENDMENT
This LDC amendment establishes interim regulations for the rental of
guesthouses within the Urban Golden Gate Estates. LDC amendments are
reviewed by the Board, Collier County Planning Commission (CCPC),
Development Services Advisory Committee (DSAC), and the Land
Development Review Subcommittee of the DSAC (DSAC-LDR).
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 2.03.01 Agricultural Districts
CCPC TBD 5.03.03 Guesthouses
DSAC TBD
DSAC-LDR TBD
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
The provisions for guesthouses were first adopted in 1974 when the Coastal Planning Area District regulations
were established. This ordinance defined them as an "accessory dwelling unit,"whichwas to be"used exclusively
for the non-commercial accommodation of friends or relatives of the occupant or owner of the principal dwelling."
In 1976, the provisions were clarified to prohibit the leasing or renting of a guest accommodation facility and to
allow one guest house to be a permitted accessory use in both the Agricultural (A) and Estates (E) zoning districts.
Since then, the guesthouse provisions have been amended from time to time, but the prohibition of renting them
has remained.
On February 14, 2023, the Board discussed an item sponsored by Commissioner McDaniel that sought to amend
the LDC to the allow the rental of guesthouses. During the presentation, Commissioner McDaniel suggested that
the rental of guesthouses should be restricted to homesteaded properties located in the urban Estates —the
rationale of the restriction being that on -site landlords do a good job of managing the actions of their tenants. The
Board members further discussed the prospect of the amending the LDC but later agreed that Commissioner Hall
should first discuss the matter with the Affordable Housing Advisory Committee (AHAC) before the Board gives
direction to staff.
On May 15, 2023, staffpresented the prospect of guesthouse rentals within the Urban Golden Gate Estates to the
AHAC. The AHAC supported looking at the rental of guesthouses as a possible solution to the affordable housing
shortage within the County. The motion recognized that it was the desire of AHAC to increase supply and to
allow this in the Urban Estates. It also was their desire to recommend exploring guesthouse rental for the Rural
Estates. Finally, the program should be offered to homesteaded properties (and that the exemption would remain)
and that it should be kept at market -rate rents. The AHAC wanted staff to provide the Board with the rent -ranges
and the percentage of homesteaded properties out of the 3,559 targeted properties.
On May 14, 2024, the Board discussed Item I I .A. under the County Manager's Report, which was a
recommendation to provide staff direction on the Board's request for staff to gather input on the community's
desire to allow for the legal renting of guesthouses within the urban Estates Zoning District, based upon the
conclusions provided for within the Guesthouse Rental White Paper. By a vote of 4-1, the Board directed staff
to move forward with an LDC amendment with the provision in writing of the one-year revisit and a specific
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\10-15\Materials\PL20240009067Guesthouse Rentals in Urban
Estates - LDCA (10-03-2024).docx
..,)Collier County
report from Code Enforcement.
The provisions for the Density Rating System in the Future Land Use Element (FLUE) of the Growth
Management Plan recognizes that guesthouses are considered accessory dwellings and are not counted toward
density. However, the Density Rating System in the FLUE is only applicable to certain geographic areas of the
County and yields to either the Immokalee Area Master Plan or Golden Gate Area Master Plan (GGAMP), where
applicable, in matters of density and application. The geographic area encompassed by this LDC amendment is
located within the jurisdiction of the GGAMP, specifically the Urban Golden Gate Estates Sub -Element
According to the Estates Designation of the Urban Golden Gate Estates Sub -Element of the GGAMP, this
designation is characterized by low density semi -rural residential lots within limited opportunities for other land
uses. Typical lots are 2.25 acres; however, there are some legal non -conforming lots as small as 1.14 acres.
Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non -conforming
lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing
two or more principal dwellings are prohibited in all Districts and Subdistricts in the Estates Designation. The
density exclusion for guesthouses is also provided for in the Residential Estates Subdistrict of the Estates — Mined
Use District. Since the Urban Golden Gate Estates Sub -Element is silent with respect to the rental of guesthouses,
no GMP amendment will be necessary or required to amend the LDC to allow guesthouse rentals in the Estates
zoning district.
Transportation Planning staff reviewed the proposed Amendment and anticipates there will be minimal impacts
on the road network based on the following findings:
• There are a limited number of parcels effected by the amendment.
• The Urban Subdistrict contains an established road network with major north -south and east -west arterials
and collectors.
• Traffic impacts resulting from the rental units should more widely be distributed within the subdistrict
compared to traditional PUD developments with single point trip impacts.
• There is a reasonable network of interconnected local -neighborhood roads providing alternative routes.
• There are numerous goods/services/employment opportunities adjacent to this subdistrict area to reduce trip
lengths on the network compared to longer rural commuter -residential trips.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
Fiscal and operational impacts are to be The proposed LDC amendment has been reviewed by
determined. Comprehensive Planning staff and may be deemed
consistent with the GGAMP.
EXHIBITS: None
P"
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Amend the LDC as follows:
2.03.01 - Agricultural Districts
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is
to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible
as conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
GMP, and in some instances, may occur in the designated urban area. The
maximum density permissible in the rural agricultural district within the urban mixed use
district shall be guided, in part, by the density rating system contained in the future land
use element of the GMP. The maximum density permissible or permitted in A district shall
not exceed the density permissible under the density rating system. The
maximum density permissible in the A district within the agricultural/rural district of the
future land use element of the Collier County GMP shall be consistent with and not exceed
the density permissible or permitted under the agricultural/rural district of the future land
use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
* * * * * * * * * * * * *
b. Accessory uses.
6. One questhouse G estheuses subject to LDC section 5.03.03.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
5.03.03 — Guesthouses
Where a guesthouse is an allowable use, it shall be permitted only in compliancewith the following
standards. See LDC section 1.08.02 Guesthouse for additional information.
A. No guest accommodation facility in a single-family residential district, whether a
freestanding guest house or guest accommodations which are structurally integrated with
the main dwelling, may be utilized for commercial purposes.
B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC.'
except as provided for in LDC section 5.03.03 F.
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C. If the principal dwelling a main F8Si eRGe is leased or rented, a guest accommodation
facility accessory to it may not be occupied by the property owner, since that would
constitute the unlawful utilization of single-family zoned property for two-family dwelling
purposes.
D. The following site design standards apply to all guest-houses:
Minimum lot area shall be 43,560 square feet.
2. Minimum lot width shall be 105 feet.
3. The maximum floorarea shall be forty (40) percent of the air-conditioned, enclosed
living area (excluding garages, carports, patios, porches, utility areas, and the like)
of the principal dwelling.
4. Detached guest-houses shall not be closer than twenty (20) feet to the principal
dwelling.
E. A guesthouse may be constructed prior to a principal dwelling, provided the guest house
meets the minimum requirements of a single-family residence in the district in which it is
being constructed. At such time as a principal residence is constructed, then the floor area
percentages listed above shall apply.
F. The leasing or renting of a questhouse shall be prohibited unless the following
requirements are met:
1. The subject property is located within the Estates (E) zoning district west of Collier
Boulevard.
2. The subject property is owner -occupied where the landlord, as defined by Florida
Statutes section 83.43, makes permanent residence within the principal dwelling
and to whom a homestead exemption, as defined in Florida Statutes section
196.031, has been aranted and continues or remains.
3. If the ProDerty ADDraiser determines the landlord is no lonaer eliaible. entitled, or
qualified to receivethe homestead exemption, the continued leasing or renting of
the questhouse shall constitute an unlawful utilization of the questhouse, effective
upon the date when the Property Appraiser provides written notification via certified
letter of the denial of the homestead exemption.
4. The questhouse must contain sleeping facilities, a bathroom, and a kitchen.
5. A minimum of one off-street parking space shall be required for each questhouse
permitted under this subsection.
6. The Administrative Code for Land Development shall establish the process and
application submittal requirements to lease or rent a questhouse under this
section.
# # # # # # # # # # # #
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