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Agenda 10/15/2024If you have any questions or wish to meet with staff, please contact, Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov Growth Management Community Development Development Services Advisory Committee Land Development Review Subcommittee Tuesday, October 15, 2024 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 For more information, please contact Eric Johnson at (239) 252-2931 or at Eric.Johnson@colliercountyfl.gov 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. Page 3 1.Call to order - Chairman. 2.Approval of Agenda 3.Old Business 4.New Business a.PL20240009067 Guesthouse Rentals in Urban 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 1 G:\LDC Amendments\Advisory Boards and Public Hearings \DSAC-LDR\2024\10-15\Materials\PL20240009067 Guesthouse Rentals in Urban Estates - LDCA (10-03-2024).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20240009067 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). ORIGIN Board of County Commissioners (Board) HEARING DATE S LDC SECTION TO BE AMENDED Board TBD 2.03.01 5.03.03 Agricultural Districts Guesthouses CCPC TBD DSAC TBD DSAC-LDR TBD ADVISORY BOARD RECOMMENDATIONS DSAC -LDR TBD DSAC TBD CCPC TBD BACKGROUND The provisions for guesthouses were first adopted in 1 974 when the Coastal Planning Area District regulations were established. This ordinance defined them as an “accessory dwelling unit,” which was 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, staff presented 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 homestead ed 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 11.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 3 2 G:\LDC Amendments\Advisory Boards and Public Hearings \DSAC-LDR\2024\10-15\Materials\PL20240009067 Guesthouse Rentals in Urban Estates - LDCA (10-03-2024).docx 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 – Mixed 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 Fiscal and operational impacts are to be determined. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GGAMP. EXHIBITS: None 4 DRAFT 3 G:\LDC Amendments\Advisory Boards and Public Hearings \DSAC-LDR\2024\10-15\Materials\PL20240009067 Guesthouse Rentals in Urban Estates - LDCA (10-03-2024).docx Amend the LDC as follows: 1 2.03.01 - Agricultural Districts 2 3 A.Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is4 to provide lands for agricultural, pastoral, and rural land uses by accommodating5 traditional agricultural, agricultural related activities and facilities, support facilities related6 to agricultural needs, and conservation uses. Uses that are generally considered7 compatible to agricultural uses that would not endanger or damage the agricultural,8 environmental, potable water, or wildlife resources of the County, are permissible9 as conditional uses in the A district. The A district corresponds to and implements the10 Agricultural/Rural land use designation on the future land use map of the Collier County11 GMP, and in some instances, may occur in the designated urban area. The12 maximum density permissible in the rural agricultural district within the urban mixed use13 district shall be guided, in part, by the density rating system contained in the future land14 use element of the GMP. The maximum density permissible or permitted in A district shall15 not exceed the density permissible under the density rating system. The16 maximum density permissible in the A district within the agricultural/rural district of the17 future land use element of the Collier County GMP shall be consistent with and not exceed18 the density permissible or permitted under the agricultural/rural district of the future land19 use element.20 21 1.The following subsections identify the uses that are permissible by right and the22 uses that are allowable as accessory or conditional uses in the rural agricultural23 district (A).24 25 * * * * * * * * * * * * * 26 27 b.Accessory uses.28 29 * * * * * * * * * * * * * 30 31 6.One guesthouse Guesthouses, subject to LDC section 5.03.03.32 33 * * * * * * * * * * * * * 34 # # # # # # # # # # # # # 35 36 5.03.03 – Guesthouses 37 38 Where a guesthouse is an allowable use, it shall be permitted only in compliance with the following 39 standards. See LDC section 1.08.02 Guesthouse for additional information. 40 41 A.No guest accommodation facility in a single-family residential district, whether a42 freestanding guest house or guest accommodations which are structurally integrated with43 the main dwelling, may be utilized for commercial purposes.44 45 B.Leasing or renting a guest accommodation facility shall constitute a violation of this LDC,46 except as provided for in LDC section 5.03.03 F.47 48 5 DRAFT 4 G:\LDC Amendments\Advisory Boards and Public Hearings \DSAC-LDR\2024\10-15\Materials\PL20240009067 Guesthouse Rentals in Urban Estates - LDCA (10-03-2024).docx C.If the principal dwelling a main residence is leased or rented, a guest accommodation1 facility accessory to it may not be occupied by the property owner, since that would2 constitute the unlawful utilization of single-family zoned property for two-family dwelling3 purposes.4 5 D.The following site design standards apply to all guest houses:6 7 1.Minimum lot area shall be 43,560 square feet.8 9 2.Minimum lot width shall be 105 feet.10 11 3.The maximum floor area shall be forty (40) percent of the air -conditioned, enclosed12 living area (excluding garages, carports, patios, porches, utility areas, and the like)13 of the principal dwelling.14 15 4.Detached guest houses shall not be closer than twenty (20) feet to the principal16 dwelling.17 18 E.A guesthouse may be constructed prior to a principal dwelling, provided the guest house19 meets the minimum requirements of a single-family residence in the district in which it is20 being constructed. At such time as a principal residence is constructed, then the floor area21 percentages listed above shall apply.22 23 F.The leasing or renting of a guesthouse shall be prohibited unless the following24 requirements are met: 25 26 1.The subject property is located within the Estates (E) zoning district west of Collier27 Boulevard. 28 29 2.The subject property is owner-occupied where the landlord, as defined by Florida30 Statutes section 83.43, makes permanent residence within the principal dwelling 31 and to whom a homestead exemption, as defined in Florida Statutes section 32 196.031, has been granted and continues or remains. 33 34 3.If the Property Appraiser determines the landlord is no longer eligible, entitled, or35 qualified to receive the homestead exemption, the continued leasing or renting of 36 the guesthouse shall constitute an unlawful utilization of the guesthouse, effective 37 upon the date when the Property Appraiser provides written notification via certified 38 letter of the denial of the homestead exemption. 39 40 4.The guesthouse must contain sleeping f acilities, a bathroom , and a kitchen.41 42 5.A minimum of one off -street parking space shall be required for each guesthouse43 permitted under this subsection. 44 45 6.The Administrative Code for Land Development shall establish the process and46 application submittal requirements to lease or rent a guesthouse under this 47 section. 48 49 # # # # # # # # # # # # 50 6 Golden Gate BLVD W I-75 SI-75 N5th AVE S Vanderbilt Beach RD 9th ST NPine Ridge RD Logan BLVD NRadio RD Green BLVDGoodlette-Frank RD NSanta Barbara BLVDImmokalee RD Golden Gate PKWY Airport RD NI-75 NCollier BLVDImmokalee RD Livingston RDLivingston RDRadio RD I-75 S Livingston RDI-75 SVanderbilt Beach RD Davis BLVD I- 7 5 N I-75 S Pine Ridge RD Airport RD NLivingston RDDavis BLVD I-75 SAirport RDImmokalee RD D avis B LVD I -75 NLivingston RDCollier BLVDCollier BLVDPine Ridge RD Radio RDGoodlette-Frank RD NI-75 NAirport RD NCollier BLVDI-75 SCollier BLVDDocumen t Path: M:\GIS_Re quests\20 24\07-July\GSD-4356 2 Ma p o f Golden Gate Estates (EricJo hnso n)\MXD\Guest House Stud y B ound ary.mxd I 0 5,000 10,0002,500 Feet Date: 7 /29/2024 Guest House Study Area (Estates zoned parcels west of Collier Blvd.) Parcels Attendance Roster - Date: October 15. 2024 DSAC - Land Development Review Subcommittee **Must have (3) members for a quorum** Committee Members Name Signature Clay Brooker:乙 Blair Foley: Robert Mulhere: ′ス ″〃″ Mark Mclean: Jeffrey Curl: Staff Members Mike Bosi, Planning and Zoning Division Director Eric Johnson, LDC Planning Manager 傷 孝 Richard Henderlong, Planner lll 「josephine Medina, Planner lll Angela Galiano, Planner ll ス ス Rey Torres Fuentes, Operations Support Specialist I/ Attendance Roster - Date: October 15. 2024 DSAC - Land Development Review Subcommittee 5ヽ い月f。 ゛〃らす夕fi｀ いCつ した Public Sign‐in Sheet prease print Jt* ?*<tN FLL7 ろ0ノ |`201、6ソ ひηgチ 了〕 κ/″./て みご`/∫と/√244 Sfz 0'7o3/NAME REPRESENTING PHONE N\ Other: Agenda ltem No.: Meeting Date; 理雪2)Collier COunty Growth Management Community Development Agenda Item Topic: (For Public Comment, list topic) 晩m。_4/ι ι ttcttπ,p A“崚"型 Representing/Petitioner: COLLIER COUNTY ORDINANCE N0 2003‐53,AS AMENDED BY ORDlNANCE 2004-05 AND 2007-24′REQUIRES THAT ALL LOBBYISTS SHALL′BEFORE ENGACING IN ANY LOBBYING ACTlVIT ES(lNCLUDlNG′BUT NOT LIMITED TO′ADDRESS NG THE BOARD OF COUNTY COヽ ′κ41SS10NERS)′REGISTER WITH THE CLERK TO THE 80ARD AT THE 80ARD MlNUTES AND RECORDS DEPARTMENI YOU ARE LIMiTED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLV THE CHA:R. PUBLiC COMMENTIS NOTINIENDED TO BE A FORUM FOR SELF PROMOT10N PUBLiC COMMENT SPEAKERSヽ ハ/HO ENGAGEIN ADVERTISING THEIR BUSINESS,PERSONAL POL TICKlNG,OR OTHER FORMS OF SELF‐PROMOT10N′Ⅵ/1LL BE ASKED TO LEAVE THE PODIUM PLEASE GIVE THE COMPLETED FORM TO THE STAFF L:A:SON. Agenda ltem No.: OColliercounty Growth Management Community Development Agenda ltem Topic: (For Public Comment, list topic) Address:r STrt*tD ,r-t ′″′にア｀ COLLIER COUNTY ORDINANCE N0 2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24′REQUIRES THAT ALL LOBBYISTS SHALL′BEFOREENGAGING IN ANY LOBBYING ACTIVITIES{INCLUDING′BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSloNERS)′REGlSTERヽ ハ′lTHTHE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LiMITED TO THREE{3)M!NUTES FOR YOUR COMMENTS AND ARETO ADDRESS ON[Y THE CHAIR. PUBL C COMMENT S NOTINTENDED TO BE A FORUM FOR SELF PROMOT ON PUBL C COMMENT SPEAKERSIA7HO ENGAGEIN ADVERTIS NG THEIR BUSINESS,PERSONAL POL TICKING,OR OTHER FORMS OFSELF‐PROMOT10N,Ⅵ/1LL BE ASKED TO LEAVE THE PODlUM PLEASE CIVE THE COMPLETED FORM TO THE STAFF L:A:SON. Other: