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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~ ~._ ~ 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~ W D 0 Z W ~b 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~