Agenda 06/17/2002 W AGENDA
BCC WORKSHOP - JUNE 17, 2002, 9:00 A.M. - 12:00 P.M.
TIME
1 HOUR
30 Minutes
10 Minute Break
1 Hour
30 Minutes
TOPIC
1. Overview of the Variance Process
2. Overview of the Conditional Use Process
3. Heating Examiner Role
4. Presentation by Community Character/Smart Growth
5. Density Bonus discussion
6. Public comments
JUN 1 7 2002
EXECUTIVE SUMMARY
THE THIRD OF THREE SPRING WORKSHOPS TO INCLUDE DISCUSSION
OF VARIANCE AND CONDITIONAL USE PROCESSES; PRESENTATION BY
COMMUNITY CHARACTER/SMART GROWTH COMMITTEE;
AFFORDABLE HOUSING DENSITY BONUS AND OTHER DENSITY BONUS
PROVISIONS CONTAINED WITHIN THE GROWTH MANAGEMENT PLAN
AND LAND DEVELOMENT CODE.
OBJECTIVE: To respond to the Board's direction with respect to conduct a
comprehensive review and re-write of the County's Land Development Code.
Specifically to present to the Board an overview of the Variance and Conditional Use
process and to discuss the role of the Hearing Examiner with respect to those processes;
to receive input from the Community Character/Smart Growth committee relevant to
proposed future Land Development Code amendments and, to discuss the density rating
system of the GMP as it relates to a continuance of the Affordable Housing density bonus
pursuant to the discussion held at the second spring workshop.
CONSIDERATIONS:
Variance and Conditional Use process: Staff will present the criteria for the granting of a
dimensional variance and the criteria for granting Conditional Use approval pursuant to
the requirements of the Land Development Code. The Land Development Code has an
adopted set of criteria against which applications for variances and conditional uses must
be evaluated and which are required by law to be considered by both the Planning
Commission and the Board of County Commissioners prior to the rendering of a
recommendation and/or decision. The role of the Hearing Examiner will be presented to
the Board for informational and discussion purposes. The Board has directed staff to
implement wholesale changes to the Growth Management Plan and Land Development
Code in an effort to focus on community concerns relating to growth. Staff will review
with the Board the current density bonus system contained in the GMP.
Affordable Housing Density Bonus and other density bonuses availble: Staff is prepared
to outline the Affordable Housing Density Bonus program and other density bonus
programs as adopted in the Growth Management Plan and the Land Development Code,
and will be prepared to address concerns or questions raised by the Board of County
Commissioners.
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:
Land Development Code is the equivalent of 2.5 FTE's for a period of 2 years,
of approximately $260,733. This excludes time and cost associated with amem
The estimated cost to conduct a comprehensive re-write of the
JUN 17 ~I~Z
Land Development Code as a result of the adoption of the Rural Fringe and Rural Land
amendments to the Growth Management Plan, or any amendments associated with the
Community Character Plan or any other zoning overlay amendments. It is anticipated that
funding for this project will come from Community Development fund (113).
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:
SAN MURRAY, ~CTOR
PLANNING SERVICES DEPARTMENT
DATE
APPROVED BY:
~,- ADMINISTRATOR
PH D~TE --
ITY DEVELOPMENT 8,: ENVIRONMENTAL SVCS.
JUN 17 2002
OVERVIEW OF CONDITIONAL USE PROCESS
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OVERVIEW OF VARIANCE PROCESS
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Section 2.7.4 Conditional Use
Procedures
ITEM
JUN 17 2002
2.7.4.1. General. A conditional use is a use that would not be appropriate
generally or without restriction throUghout a particular zoning district or
classification,but which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, or the general welfare. Such uses may
be permissible in zoning district as a conditional use if specific provision for such
conditional use is made in this zoning code. All petitions for conditional uses shall
be considered first by the planning commission in the manner herein set out.
Decisions regarding conditional uses shall be quasijudicial in nature.
2.7.4.2. Written petition. A written petition for conditional use shall be submitted
to the development services director indicating the basis in this zoning code
under which the conditional use is sought and stating the grounds upon which it
is requested, with particular reference to the types of findings which the board of
zoning appeals must make under section 2.7.4.4. The petition should include
material necessary to demonstrate that the grant of conditional use will be in
harmony with the general intent and purpose of this zoning Code, will be
consistent with the growth management plan, will not be injurious to the
neighborhood or to adjoining properties, or otherwise detrimental to the public
welfare. Such material shall include, but is not limited to, the following, where
applicable:
1. Conceptual site development plans at an appropriate scale showing the
proposed placement of structures on the property, provisions for ingress and
egress, off-street parking and off-street loading areas, refuse and service areas,
and required yards and other open spaces. The conceptual site development
plan shall not be in lieu of, nor eliminate the need for, a site development plan
under division 3.3, as applicable.
2. Plans showing proposed locations for utilities.
3. Plans for screening and buffering with reference as to type, dimensions, and
character.
4. Proposed landscaping and provisions for trees protected by county
regulations.
5. Proposed signs and lighting, including type, dimensions, and character.
6. Developments shall identify, protect, conserve, and appropriately use native
vegetative communities and wildlife habitat. Habitats and their boundaries shall
be identified on a current aerial photograph of the property at a scale of at least
one-inch equals 400 feet. Habitat identification shall be consistent with the
Florida Department of Transportation Land Use Cover and Forms Classification
System and shall be depicted on the aedal photograph. Information obtained by
ground-truthing surveys shall take precedence over photographic evid,
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JUN 17 2002
-
7. Where this zoning code places additional requirements on specific
conditional uses, the petitioner shall demonstrate that such requirements are
met.
Where the rezoning of land, as well as grant of conditional use, is
requested simultaneously for the same parcel of land, both said petitions may be
processed concurrently in accordance with the procedures set forth in sections
2.7.2 and 2.7.4.
2.7.4.3. Notice and public hearing. Notice and public hearing by the planning
commission and the board of zoning appeals shall be as provided for under
subsection 2.7.2.3.2., such that the provisions applicable to the board of county
commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of
zoning appeals shall be quasi-judicial in nature. Additionally, the requirements of
section 2.7.2.3.5. must be met.
2.7.4.4. Findings. Before any conditional use shall be recommended for
approval to the board of zoning appeals, the planning commission shall make a
finding that the granting of the conditional use will not adversely affect the public
interest and that the specific requirements governing the individual conditional
use, if any, have been met by the petitioner and that, further, satisfactory
provision and arrangement has been made concerning the following matters,
where applicable:
1. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
2.7.4.5. Conditions and safeguards. In recommending approval of any
conditional use, the planning commission may also recommend appropriate
conditions and safeguards in conformity with this zoning code. Violation of such
conditions and safeguards, which are made a part of the terms under which the
conditional use is granted, shall be deemed a violation of this zoning code.
2.7.4.5.1. Any conditional use shall expire three years from the date of
grant, if by that date the use for which the conditional use was grar ted h~oA iTEM
not been commenced.
JUN 1 7 2002
2.7.4.5.2. Any conditional use shall expire one year following the
discontinuance of the use for which the conditional use was granted
unless the site was improved and/or structures built for the specific uses
approved by a conditional use and which cannot be converted to a use
permitted by the underlying zoning designation of the site.
2.7.4.5.3. The board of zoning appeals may grant a maximum of one-
year extension of an approved conditional use upon written request of the
petitioner.
2.7.4.5.4. Public facility dedication. The board of county commissioners may,
as a condition of approval of the conditional use, require that suitable areas for
streets, public rights-of-way, schools, parks, and other public facilities be set
aside, improved, and/or dedicated for public use. Where impact fees are levied
for certain public facilities, the market value of the land set aside for the public
purpose shall be credited towards impact fees. Said credit shall be based on a
negotiated amount no greater than the market value of the set aside land prior to
the approval of the conditional use, as determined by an accredited appraiser
from a list approved by Collier County. Said appraisal shall be submitted to the
county attorney's office and the real property office within 90 days of the date of
approval of the conditional use, or as otherwise extended in writing by Collier
County, so as to establish the amount of any impact fee credits resulting from
said dedication. Failure to provide said appraisal within this time frame shall
authorize the county to determine the market value of the property. Impact fee
credits shall only be effective after recordation of the document conveying the
dedicated property to Collier County. Where the term Collier County is used in
this section, it shall be construed to include the Collier County Water and Sewer
District or other agency or dependent district of Collier County Government.
Land set aside and/or to be improved as committed as part of the
conditional use approval shall be deeded or dedicated to Collier County within 90
days of receipt of notification by the county that the property is needed for certain
pending public improvements or as otherwise approved by the board of county
commissioners during the conditional use process. In any case, however, the
county shall take title to set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the conditional use. The
land set aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the developer's sole expense, except as
otherwise approved by the board. Failure to complete the dedication within the
appropriate time frame noted above may result in a recommendation to the board
of reconsideration of approved conditional use and may result in a violation of
this code pursuant to subsection 1.9.2.
Should said dedication of land also include agreed upon improvements,
said improvements shall be completed and accepted by the Collier Count,
of Commissioners at the development phase which has infrastructure
JUN 1 7 2002
improvements available to the parcel of land upon which said improvements are
to be made, or at a specified time provided for within the resolution approving the
conditional use.
2.7.4.6. Denial If the planning commission shall recommend denial of a
conditional use, it shall state fully in its record its reason for doing so. Such
reasons shall take into account the factors stated in section 2.7.4.4 or such of
them as may be applicable to the action of denial and the particular regulations
relating to the specific conditional use requested, if any.2.7.4.6.
2.7.4.7. Status of planning commission report and recommendations. The
report and recommendations of the planning commission required above shall be
advisory only and shall not be binding upon the board of zoning appeals.
2.7.4.8. Board of zoning appeals action on planning commission report.
Upon receipt of the planning commission's report and recommendations, the
board of zoning appeals shall approve, by resolution, or deny a petition for a
conditional use. The approval of a conditional use petition shall require four
affirmative votes of said board.
2.7.4.9. Conditional uses for school or religious purposes. A use which has
been approved as part of a preliminary subdivision plat (formerly subdivision
master plan) or a planned unit development for schools, religious or
eleemosynary uses shall be exempt from the provisions of this section. Such
uses must comply with the provisions of division 3.3, site development plan
approval, as applicable, and all other zoning requirements.
2.7.4.10. Changes and amendments. The development services director may
approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by the conditional use.
Additional uses or expansion of permitted uses not shown on the conceptual site
development plan or otherwise specifically provided for in the conditional use
application shall require submission, review and approval of a new conditional
use application.
AC.,ENO A m~-m:~4
JUN 1 7 2002
Section 2.7.5. Variance
Procedures
JUN 1 7 2002
2.7.5.1. Purpose. In specific cases, variance from the terms of this zoning code
may be granted where said variance will not be contrary to the public interest,
safety, or welfare and where owing to special conditions peculiar to the property,
a diminution of a regulation is found to have no measurable impact on the public
interest, safety or welfare; or a literal enforcement of the zoning code would
result in unnecessary and undue hardship, or practical difficulty to the owner of
the property and would otherwise deny the property owner a level of utilization of
his/her property that is consistent with the development pattern in the
neighborhood and clearly has no adverse effect on the community at large or
neighboring property owners.
The board of zoning appeals based upon the evidence given in public hearing;
and the findings of the Planning Commission should determine to the maximum
extent possible if the granting of the variance will diminish or otherwise have
detrimental effect on the public interest, safety or welfare. A variance from the
terms of this zoning code may be granted based on the requirements of this
section.
2.7.5.1.1. Types of variances authorized. A variance is authorized for any
dimensional development standard, including the following: height area, and size
of structure; height of fence; size of yards and open spaces; landscaping and
buffering requirements; size, height, maximum number of, and minimum setback
for signs; and minimum requirements for off-street parking facilities.
2.7.5.2. Procedure.
2.7.5.3. Written petition. A written petition for a variance shall be submitted by
the applicant to the Planning Services Director.
2. 7.5.4. Notice of Planning Commission public hearing. Notice of public
hearing before the Planning commission shall be as provided for under
subsection 2.7.2.3.2.
2.7.5.5. Planning commission public hearing. The public hearing shall be
held by the planning commission. Any party may appear in person, by agent or
attorney, or may submit written comments to the planning services director.
2.7.5.6. Findings. Before any variance shall be recommended for approval to
the board of zoning appeals, the planning commission shall consider and be
guided by the following standards in making a determination:
1. Are there special conditions and circumstances existing which are
peculiar to the location, size and characteristics of the land, structure, or building
involved.
JUN 1 7 2002
2. Are there special conditions and circumstances which do not result
from the action of the applicant such as Pre-existing conditions relative to the
property which is the subject of the variance request.
3. Will a literal interpretation of the provisions of this zoning code work
unnecessary and undue hardship on the applicant or create practical difficulties
on the applicant.
4. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which promote
standards of health, safety or welfare.
5. Will granting the variance requested confer on the petitioner any
special privilege that is denied by these zoning regulations to other lands,
buildings, or structures in the same zoning district.
6. Will granting the variance be in harmony with the intent and purpose
of this zoning code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7. Are there natural conditions or physically induced conditions that
ameliorate the goals and objectives of the regulation such as natural preserves,
lakes, golf course, etc.
8. Will granting the variance be consistent with the growth
management plan.
2.7.5.7. Conditions and safeguards. In recommending approval of any
variance, the planning commission may recommend appropriate conditions and
safeguards in conformity with this zoning code including, but not limited to,
reasonable time limits within which the action for which the variance is required
shall be begun or completed, or both. In the case of after-the-fact variances, the
planning commission may recommend, as a condition of approval, that in the
case of the destruction of the encroaching structure, for any reason, to an extent
equal to or greater than 50 percent of the actual replacement cost of the structure
at the time of its destruction, any reconstruction shall conform to the provisions of
this Code in effect at the time of reconstruction. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is granted,
shall be deemed a violation of this zoning code.
2.7.5.8. Recommendation of denial If the planning commission recommends
denial of a variance, it shall state fully in its record its reason for doing so. Such
reasons shall take into account the factors stated in section 2.7.5.6, or such of
them as may be applicable to the action of denial and the particular regulationS
relating to the specific variance requested if any. -
N3ENOA ITEM
JUN 1 7 2002
2.7.5,9. Status of planning commission report and recommendations. The
report and recommendation of the planning commission required above shall be
advisory only and shall not be binding upon the board of zoning appeals.
2.7.5.10. Notice of board of zoning appeals public hearing. Upon completion
of the public hearing before the planning commission, the petition shall be heard
by the board of zoning appeals. Notice of public hearing shall be given at least 15
days in advance of the public hearing before the board of zoning appeals. The
owner of the property for which the variance is sought, or his agent or attorney
designated by him on his petition, shall be notified by mail. Notice of public
hearing shall be advertised in a newspaper of general circulation in the county at
least one time 15 days prior to the hearing.
2.7.5.11. Board of zoning appeals public hearings. The public hearing shall
be held by the board of zoning appeals. Any party may appear in person by
agent or attorney, or may submit written comments to the board of zoning
appeals.
2.7.5.12. Board of zoning appeals action. Upon consideration of the planning
commission's report, findings and recommendations, and upon consideration of
the standards and guidelines set forth in section 2.7.5.6, the board of zoning
appeals shall approve, by resolution, or deny a petition for a variance.
2.7.5.13. Conditions and safeguards. In granting any variance, the board of
zoning appeals may prescribe appropriate conditions and safeguards in
conformity with this zoning code, including, but not limited to, reasonable time
limits within which action for which the variance is required shall be begun or
completed, or both. In the case of after-the-fact variances, the board may
stipulate that in the case of destruction of the encroaching structure, for any
reason, to an extent equal to or greater than 50 percent of the actual
replacement cost of the structure at the time of its destruction, any reconstruction
shall conform to the provisions of this Code in effect at the time of reconstruction.
Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this zoning
code.
2.7.5.14. Limitations on power to grant variances. Under no circumstances
shall the board of zoning appeals grant a variance to permit a use not permitted
under the terms of this zoning code in the zoning district involved, or any use
expressly or by implication prohibited, by the terms of these regulations in the
said zoning district.
J UN 1 ? 2002
DENSITY RATING SYSTEM
JUN 17 2002
Collier County Growth Management Plan, Future Land Use Element (Pages 25-27)
(IV)
DENSITY RATING SYSTEM
This Density Rating System is only applicable to areas designated Urban,
Urban - Mixed Use District, as identified on the Future Land Use Map,
exclusive of the Urban Residential Fringe Subdistrict, and exclusive of
Urban areas encompassed by the Immokalee Area Master Plan, Golden
Gate Area Master Plan, and Marco Island Master Plan. The Density Rating
System is applicable to the Urban Coastal Fringe Subdistrict to the extent
that the residential density cap of 4 dwelling units per acre is not exceeded,
except for the density bonus for Affordable Housing and Transfer of
Development Rights, and except as provided for in the Bayshore/Gateway
Triangle Redevelopment Overlay. This Density Rating System only applies
to residential dwelling units. Within the applicable Urban Designated Areas,
a base density of 4 residential dwelling units per gross acre is permitted,
though not an entitlement. This base level of density may be adjusted
depending upon the characteristics of the project.
a. Density Bonuses
Consistency with the following characteristics may add to the base density.
Density bonuses are discretionary, not entitlements, and are dependent
upon meeting the criteria for each bonus provision and compatibility with
surrounding properties, as well as the criteria in the Land Development
Code. All new residential zoning shall be consistent with the Density Rating
System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land
Use Element.
1. Conversion of Commercial Zoning
If the project includes conversion of commercial zoning which is not
located within an Mixed Use Activity Center or Interchange Activity
Center, or which is not consistent with the Neighborhood Village Center
Subdistrict, a bonus of up to 16 dwelling units may be added for every 1
acre of commercial zoning which is converted. These dwelling units may
be distributed over the entire project. The project must be compatible
with surrounding land uses.
2. Proximity to Mixed Use Activity Center or Interchange Activity
Center
If the project is within one mile of a Mixed Use Activity Center or
Interchange Activity Center and located within a residential density band,
3 residential units per gross acre may be added. The density band
around a Mixed Use Activity Center or Interchange Activity Center shall
be measured by the radial distance from the center of the intersecl ion
around which the Mixed Use Activity Center or Interchange Activil
Center is situated. If 50% or more of a project is within the densit' ba~el~
JUN 1 7 2002
the additional density applies to the gross acreage of the entire project.
Density bands are designated on the Future Land Use Map and shall not
apply within the Estates Designation or for properties within the Traffic
Congestion Area.
3. Affordable Housin~
To encourage the provision of affordable housing within the Urban
Designated Area, a maximum of up to 8 residential units per gross acre
may be added to the base density if the project meets the definitions and
requirements of the Affordable Housing Density Bonus Ordinance
(Section 2.7.7 of the Land Development Code, Ordinance #91-102,
adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict,
Affordable Housing projects must provide appropriate mitigation
consistent with Policy 13.1.2 of the Conservation and Coastal
Management Element.
4. Residential In-fill
To encourage residential in-fill in areas with existing development, 3
residential dwelling units per gross acre may be added if the following
criteria are met:
(a) The project is 10 acres or less in size;
(b) At time of development, the project will be served by central public
water and sewer;
(c) The project is compatible with surrounding land uses;
(d) The property in question has no common site development plan
with adjacent
property;
(f) There is no common ownership with any adjacent parcels; and
(g) The parcel in question was not created to take advantage of the
in-fill residential density bonus and was created prior to the
adoption of this provision in the Growth Management Plan on
January 10, 1989.
5. Roadway Access
If the project has direct access to 2 or more arterial or collector roads as
identified in the Traffic Circulation Element, 1 residential dwelling unit per
gross acre may be added. Density credits based on future roadways will
be awarded if the developer commits to construct a portion of the
roadway (as determined by the County Transportation Department) or
the road is scheduled for completion during the first five years of the
Capital Improvements Plan. The Roadway Access bonus is not
applicable to properties located within the Traffic Congestion Area.
6. Transfer of Development Rights
To encourage preservation/conservation of natural resources, density
transfers are permitted within that portion of the Urban designated area _
JUN 1 7 2002
subject to this Density Rating System. However, density shall not be
transferred into the Coastal Management Area from outside the Coastal
Management Area. Lands lying seaward of the Coastal Management
Boundary, identified on the Future Land Use Map, are within the Coastal
Management Area. Density may be increased above and beyond the
density otherwise allowed by the Density Rating System in accordance
with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the
Land Development Code adopted by Ordinance #91-102, on October
30, 1991, as amended.
b. Density Reduction
Consistency with the following characteristic would subtract density:
1, Traffic Congestion Area
If the project is within the Traffic Congestion Area, an area identified as
subject to long range traffic congestion, 1 dwelling unit per gross acre
would be subtracted. The Traffic Congestion Boundary is shown on the
Future Land Use Map and consists of the western coastal Urban
Designated Area seaward of a boundary marked by Airport-Pulling Road
(including an extension north to the Lee County boundary), Davis
Boulevard, County Barn Road, and Rattlesnake Hammock Road
consistent with the Mixed Use Activity Center's residential density band
located at the southwest quadrant of the intersection of Rattlesnake
Hammock Road and County Road 951 (including an extension to the
east). Properties adjacent to the Traffic Congestion Area shall be
considered part of the Traffic Congestion Area if their only access is to a
road forming the boundary of the Area; however, if that property also has
an access point to a road not forming the boundary of the Traffic
Congestion Area it will not be subject to the density reduction.
c. Density Conditions:
The following density condition applies to all properties subject to the
Density Rating System.
1. Maximum Density
The maximum permitted density shall not exceed 16 residential dwelling
units per gross acre within the Urban designated area, except when
utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of
the Land Development Code adopted by Ordinance #91-102, on
October 30, 1991, as amended.
JUN 17 ~002