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DSAC Minutes 10/15/2024 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE MEETING Naples, Florida October 15, 2024 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee – Land Development Review Subcommittee, having conducted business herein, met on this date at 3:00 PM at the Collier County Growth Management Community Department Building, Conference Room #609/610, 2800 N. Horseshoe Dr., Naples, Florida, 34102 with the following members present: Chairman: Clay Brooker Jeff Curl Mark McLean Also Present: Mike Bosi, Director – Zoning Division, GMCD Eric Johnson, Manager – Planning, GMCD Angela Galiano, Planner II, GMCD Rey Torres Fuentes, Operations Support Specialist I, GMCD 45 2 1. Call to Order – Chairman 2. Approval of Agenda Jeff Curl motioned to approve the agenda, seconded by Mark McLean. Motion passed 4-0 3. Old Business None 4. New Business a. Guest House Rentals Eric Johnson, LDC Planning Manager • This a Land Development Code Amendment that seeks to amend two LDC sections of the Land Development Code, specifically 2.03.01 agricultural districts, as well as 5.03.03 guest houses. The amendment would establish interim regulations for the rental of guest houses within Urban Estates. • The provisions for guest houses have been on the books since the seventies and since the seventies. LDC also contained the prohibition for leasing and renting the guest houses. Within the last couple of years, the Board of County Commissioners has been discussing guest houses, specifically the prospect of allowing them to be rented. Right now, there is a prohibition on the rental of guest houses. Earlier this year, specifically on May 14, the board directed staff to move forward with the Land Development Code amendment that would allow for guest house rentals in Urban Estates. • When I say Urban Estates, what I mean by that is not only just urban zone properties in the Golden Gate Area Master Plan (GGAMP) but also any Estates zoning districts that are west of Collier 951. I had written in the staff report that we were only dealing with a GGAMP and that's an error. It needs to be just expanded a little bit more. The area that we're dealing with, I have the map shown on the visual. • This is 3558 lots that would be affected. I wanted to read a bullet list from our transportation planning staff because we all know that traffic and congestion and just the street networks, how does that fit in with this amendment? I'm just going to say for the record, a few points. • Number one, 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 5 bullets. 1. There are a limited number of parcels affected by the amendment. 2. The urban sub-district has an established road network with major north-south and east-west arterial deflectors. 3. Traffic impacts resulting from the rental units should be more widely distributed within the sub-district compared to the traditional PUD developments with single-point trip impacts. 4. There is a reasonable network of interconnected local neighborhood roads providing alternative routes. 46 3 5. There are numerous goods and services employment opportunities adjacent to the subdistrict area to reduce trip lengths on the network compared to longer rural commuter residential trips. We are going to continue to work through this amendment to do some fact-finding for fiscal and operational impacts, but for GMP consistency, the proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent. • The first page changes the word “guest houses” to the singular “guest house”. You can see the change in the proposed change to 5.03.03. The leasing or rental of a guest house accommodation facility will constitute a violation of this LDC except as provided for in LDC section 5.03.03. F. You can see a minor change to paragraph C. • Instead of saying “if a main residence is leased or rented,” it will say “if the principal dwelling is leased or rented.” Finally, the bulk of this amendment, F the leasing or rental of a guest house shall be prohibited unless the following requirements are met. • And then you'll see here you have six different items. The last one is a future change to the land-development administrative code that's not contained in this packet. I'll have to have that for you in the future. • Here are the changes and the areas that we're talking about. Here's Lockley Road to the north, Collier Boulevard to the east, and then everything that's circled or squared off in red would be the effective parcels. Those are E-zone properties. • These are interim regulations, and I was discussing the matter with the County Attorney’s Office I originally had language in here about sunsetting and was told by the County Chair's Office that that would be better left in the actual ordinance itself and not so much in the Land Development Regulations. Jeff Curl • I don’t remember reading that. When would this be sunsetted? Eric Johnson • The County Attorney’s office suggested an examination of it for a year and our staff, Mike Bosi determined that we would do this 5-year exploration. But instead, we would have to report back to the Board of County Commissioners. Jeff Curl • Every year for 5 or every 5 years? Mike Bosi • When we identified the 3500 plus parcels, there were under 500 of those that have had a developed guest house on the property. Clay Brooker • And those 500 are all homesteaded? 47 4 Mike Bosi • We do not know if all those are homesteaded. I’m not sure if we did that analysis based on where it is. Probably most of them. Mark McLean • This is more of me not understanding. It starts off with agricultural districts, the rural agricultural district A, but then it transitions to Estates E zoning district. Mike Bosi • Our LDC has the agricultural zoning district, the Estates is a subset of that. • It’s a second tier, different purpose, different functions. But it is a subset of the Agricultural zoning districts. • Keeping with your line item, 6 of the 1 guest versus guest houses, that 5.03.03 is guest houses. Mark McLean • Should that also be a guest house? If you go to line 37, page 3. Eric Johnson • I don’t think that’s necessary. These regulations pertain to all guest houses. • I just wanted to change the rural agricultural district specifically because I was looking in earlier ordinances where it said one guest house, and through the course of time it got changed to some guest houses. You’re only allowed one guest house per lot. Jeff Curl • I think it’s the same thing as when they mention accessory structures. They may be referring to one on the property or multiple. I think it’s just a terminology thing, but I would be ok with guest house in there because of what Mark said. Jeff Curl • It might make it clearer that you’re allowed one, not multiple, just a perception thing. Eric Johnson • Mark was looking at line 37 and changing that to something singular. I don’t know if that’s advisable. I would advise it. Mark McLean • I’d advise against that. Jeff Curl • On page 6, line 10, minimum lot width. I’m on a 1.15. I don’t know • I see where you say 1.14 somewhere in here and I’m still not conforming. Still over an acre, but its 75 feet wide not 105 versus this minimum width. 48 5 Eric Johnson • The minimum width is existing regulation. It takes 75 feet to have an E-zoned lot be considered legal. Jeff Curl • To build nonconforming. Eric Johnson • If you have a lot that’s less than 105 feet, if 75 feet is the minimum width for a lot, an E- zoned lot, then that would be a nonconforming lot. Jeff Curl • No 75-foot-wide lot could have a guest house. Is that what you’re saying? Eric Johnson • You cannot. Assuming I’m not looking at the code, I could bring it up if you want. Jeff Curl • No, it’s fine. However, you’re going with that. I’m just saying that there are 75-foot-wide lots out there that currently cannot get a guest house. Eric Johnson • Right. Jeff Curl • So, you’re taking some out of the picture. I just wanted staff to be aware. Eric Johnson • We’re not revising guest houses. We’re revising the use of said guest house. We’re not revising what criteria allows you to have a guest house, we’re revising the criteria that you can’t rent that guest house. Jeff Curl • It’s not meant to expand it to additional properties, just to clarify the meaning that’s already in the code. It’s already existing 105 feet. • We’re not changing that. Mark McLean • Currently you can have a guest house of you have a 105-foot lot, you just can’t rent it. Jeff Curl • Nowhere in here did I read, because I thought in estate zoning, you had to have 1000 square feet as a minimum residence square footage primary. 49 6 Mike Bosi • Correct. Jeff Curl • So, does that apply to guest house? Mark McLean • If you have 1000 square foot house, you can only have a 400 square foot guest house with air-conditioned space. Eric Johnson • Nothing is proposed to change under D which is the minimum lot area shall be 43,560 square feet. • Minimum lot width shall be 105 ft and so forth. We’re not changing any of that. Mark McLean • This specifically says a detached guest house on line 16, page 6, item D-4 shall not be closer than 20 feet. • It can be attached, and you can still rent it. Eric Johnson • Yes, and number 4 says the guest house must contain sleeping, facilities, a bathroom and a kitchen. Jeff Curl • Is there anything prohibiting renting to 12 people? Eric Johnson • It’s not aligned with open code. It would be governed by the Florida Building Code. Code enforcement would investigate that. Mike Bosi • We have a minimum housing code standard is 450 for 2 people and 200 square feet for each additional. That’s on Code of Laws and Ordinances. Clay Brooker • It says the owner can’t live in a guest house, and the guest can’t live in a principal or dwelling. Eric Johnson • Issues with homesteading and taxation are the responsibility of the Property Appraiser. Clay Brooker • Question on line 43. Off street parking. 50 7 Eric Johnson • We just want to make sure that if you’re going to rent out your guest house, that you can accommodate an extra parking spot on your property. Each single-family detached home is supposed to have 2 parking spaces and that can occur on the driveway. • If you’re going to rent out your guest house, there needs to be 3 parking places somewhere on the property. 5. PUBLIC SPEAKERS Jill Rosenfeld • I live out in the rural Estates. I heard through the grapevine that once this gets approved for urban, there's potential for it coming out to the rural area. So, there are a few questions or issues that were brought up previously. But one of the things I noticed when I was looking at the proposed change and, on this page, you could go to line one. It's that same line, one through four. • So, it's saying the principal dwelling 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 zone property for two-family dwelling purposes. With this whole program, it's going to be the reverse. So why would that not still be an unlawful utilization? • Would that make the property rezoned to two family? Mike Bosi • this is talking about guest houses in all the Estates zoning district. So, the regulation is you can't bring your guest house up. If the principal dwelling unit is leased or rented, the combination, it may not be our credit, private or system. That's correct. But then 500 503 f. That's the exception. • That's the exception the Board of County Commissioners directed us to modify the Land Development Code. Jill Rosenfeld • There also was a study done by consulting and they identified 352 guest houses. I think someone already asked this question. In the Urban Estates, it did not identify how many were homesteaded. Also, how many have kitchens. I don't know if it's a standard thing that they always have a kitchen. • I try to get that information in some. I just want to know how to go about getting that information. Eric Johnson • I guess that's something that we could look at. I don't think the Land Development Code really discusses much about homestead exemptions because that's more of a, that's a different, that's not land development. That's a taxing implication. 51 8 Cheryl Koncsol • Hi, I'm Cheryl Koncsol. I live on Standing Oaks, in the Urban Estates area. I started a guest house plan around COVID, and I have a plan for a beautiful garage and a two- bedroom, bath-and-a-half kind of apartment guest house. I abandoned the construction because building materials were not available. • I don't understand how you're going to police that. There are plenty of people who have these guest houses now that are renting them out, even though all this says you can't do that. I know factually that people are doing that, and I'm not going to be the neighbor that rats on any neighborhood. Mark McLean • Unfortunately, a large portion of the code is the honor system, and the only way it's policed is by people saying, you can't do that. And this is a portion of it. I do have immediate with our client experience of how that affected them. And you're right. If you bought your home or were in your home and had the guest home and you had a save our homes, let's just say the house was worth $500,000. • And that's where your save our home, that basically limits you to a 3% tax increase per year. But if you pull that guest house out, say you're there for five years, and you pull that guest house out, when you bought that house, let's say you bought it at $400 a foot. Well, now the current rate is $600 a foot. You're going to get that 150% taxation on that guest house. And then it's no longer subject to 3%, it's subject to 15% per year. • They can increase your taxation on that portion of your property. Now that's a taxation problem. That's not a land development code issue. We're just saying, can you do it or not? From a land development perspective. Mike Bosi • What I would say is, when we were going through the public study, we had the questions about would you want to rent your guest house if it was strictly income restricted type of a unit? And the pushback we got, and I think it's very legitimate, the development, we know this saying, to build and construct a guest house, the costs associated with it, you couldn't, you couldn't get a return on your investment till 30, 40 years out if you were income restricted. So that was the thing that really pushed staff to recognize that we're not going to be able to pull this off. • We get no bites of the apple, so to speak. If you had this income restricted, it's got to be market rate. You've got to attack it as additional supply to help with some, to ease some of the burden. But the taxation question is, I hear what you're saying, but property appraisers and tax collector, their perspective is if you're utilizing your guest house for commercial purposes, you're going to be taxed at a different rate. Just for the square footage that's associated, the acreage that's associated with the, the footprint of your house, of your guest house. Mark McLean • And that's really all we're doing in it. Clay said earlier, is the juice worth the squeeze? I don't think we're spending a tremendous amount of money here to afford people the ability rent their property if they see fit. 52 9 Eric Johnson • The way the amendment will go is that we'll go to the next stop will be the Development Services Advisory Committee (DSAC). Same room, same place. • And then the Collier County Planning Commission and finally the Board of County Commissioners. From our experience, the Collier County Planning Commission and Board of County Commissioners are more attended, so. But we create advertisements in the newspaper for any kind of Land Development Code amendment. We may not do that in the newspaper anymore because we're now allowed to do that on our county's website. I want to just make sure that if you're interested in following this amendment, that you write down your email address on that sign-in sheet. • We'll keep you apprised of when the next meeting will occur. • This will result in a draft ordinance, and the draft ordinance will go before the Planning Commission and certainly before the Board of County Commissioners. Clay Brooker • The DSAC meeting is the first Wednesday of every month. Mark McLean • Understanding our role, I do think that the potential squeeze is there for somebody who wants to do this. I think we're providing a legal avenue. • How that is legally implemented is up to someone beyond this committee's assignment. This committee is just opening the avenue to allow someone to do this legally. Mark McLean made a motion to approve the recommendation that this LDCA, PL2024009067, go before the Development Advisory Committee. The motion was seconded by Jeff Curl. Motion passes unanimously Eric Johnson • Question, what information do you want me to find out before we meet a DSAC? I know that we had discussed about the prospect of allowing the main residence, the principal dwelling, to be rented and the owner live in the guest house. I think those are our marching orders. Jeff Curl • Clarification on that and then maybe a refresher on the whole Airbnb situation. • Code enforcement. You guys may cross-pollinate with code or at least give code a heads up, you know, for Tom to at least speak to it at DSACS volume. Mike Bosi • The one thing I will say about the Airbnb for rentals, once this is opened for rentals, the county has no ability to have a say whether it is permanently rented or short-term. 53 10 Jeff Curl • I think what everybody's trying to get at is the enforcement issue. Because if you're in violation, if you're renting without being registered in some capacity, you're penalized. Mike Bosi • Well, the County has rental registration program. We're going to have to work that in with the guest house issue in a unique way that calls it out to be able to have that information. 6. Upcoming LDR SUBCOMMITTEE meeting date, November 19 Clay Brooker • The upcoming meeting dates are November 19 and December 17. Eric Johnson • If we have something ready right now, I'm not sure what's going to be ready, but if there's going to be something ready, would you be available November 19? Jeff Curl • Yeah, I think so. • But I'm gonna ask you again about the architectural standards for the estates and when we're gonna see that it's serious. Eric Johnson • Did I introduce Angela? Angela, would you introduce yourself please? Angela Galliano • My name is Angela Galiano, and I'm one of the newest additions to the LDC team. • I did tweak some things today with your recommendation and I hope to bring it then to November. Clay Brooker • So, will you be doing land use application as well as LDC amendments? Eric Johnson • Just LDC. Mike Bosi • Angela has a lot of experience in the Building Department as well, so she's a very multifaceted faceted employee. We are happy to have her. Eric Johnson • She’s a Planner II. 54 7. Meeting Adjourned There being no further business for the good ofthe County, the mccting rvas adjourned by thc order of the chairman at 4:06 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTE,E LAND D E VELO PM E NT REVIEW S UBCO M MITTEE z4 C r"1' nrooL"f,t tr" i rrn'- These minutes were approved by the Commiuee/Chairman on (check one) as submitted I or as amended -. il, 1r'r/ 11 ,.2 4Z