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Agenda 01/22/2013 Item #16A11 1/22/2013 Item 16.A.11. EXECUTIVE SUMMARY Recommendation to accept the specific past Staff Clarifications of the Land Development Code(LDC)attached to this Executive Summary. OBJECTIVE: To have the Board of County Commissioners (Board) accept the Staff Clarifications of the Land Development Code (LDC) that have been reviewed by the Collier County Planning Commission(CCPC). CONSIDERATIONS: On October 25, 2011, the Board directed the County Manager to bring to the Board written Staff Clarifications of the LDC. Staff Clarifications (SC) are those reports that have been written to provide guidance to staff when there are questions about the application of an LDC provision and date back to 1997. The SCs have been displayed on Zoning's website for several years. During the September 25, 2012 BCC hearing of this item (Agenda Item 16A7), the Board directed the County Manager to bring to the CCPC all written Staff Clarifications of the LDC for their review and comment. Pursuant to Board direction, staff will evaluate past SCs to determine which ones have not been superseded by subsequent code amendments and will bring to the Board for review all current SCs. On December 11, 2012, (Agenda Item 16A28) the Board approved the schedule for review of the selected Staff Clarifications as well as the first set of clarifications. Staff will review the remaining SCs for applicability and will place them on the Board's consent agenda according to the approved schedule. Staff will also report to the Board those items that have been superseded by subsequent code amendments and are no longer applicable. Staff is requesting the Board review and accept the following SCs: • SC-2009-01,Lot Line Adjustment& Corner Lots • SC-2000-04,Lot Reduction • SC-2006-03,Transportation Review of SDPI Amendments • SC-2006-01,Wedding Cake Setbacks • SC-2004-02,Waterfront Setbacks • SC-2007-02, Setback measurement on cul-de-sacs FISCAL IMPACT: There is no Fiscal Impact associated with the recommendations of this Executive Summary. Fees for the processing of Official Interpretations are specified by the applicable Fee Resolution adopted by the Board and have already been collected. There are no fees associated with Staff Clarifications. GROWTH MANAGEMENT PLAN(GMP)IMPACT: There is no GMP impact for this item. LEGAL CONSIDERATIONS,: This item has been reviewed by the County Attorney,is legally sufficient,and requires majority vote for approval. -JAK Revised:12/12/12 Packet Page-824- 1/22/2013 Item 16.A.11. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed the attached Staff Clarifications during their December 6, 2012 meeting and by a vote of 8-0; they recommended that the Board of County Commissioners (BCC) approve the SC memorandums as presented. Because the CCPC approval recommendation was unanimous and no letters of objection have been received,these Staff Clarifications have been placed on the Consent Agenda. RECOMMENDATION: Recommendation for the Board to accept the attached Staff Clarifications as recommended for approval by the CCPC. PREPARED BY: Michael Bosi,AICP,Interim Director,Department of Planning&Zoning Growth Management Division—Planning and Regulation Attachments: • 1. SC-2009-01, Lot Line Adjustment&Corner Lots 2. SC-2000-04,Lot Reduction 3. SC-2006-03, Transportation Review of SDPI Amendments 4. SC-2006-01, Wedding Cake Setbacks 5. SC-2004-02, Waterfront Setbacks 6. SC-2007-02, Setback measurement on cul-de-sacs Revised:12/12/12 Packet Page-825- 1/22/2013 Item 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11. Item Summary: Recommendation to accept the specific past staff clarifications of the Land Development Code (LDC) attached to this Executive Summary. Meeting Date: 1/22/2013 Prepared By Name: BellowsRay Title: Manager-Planning,Comprehensive Planning 12/27/2012 2:50:58 PM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 12/27/2012 3:33:07 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/31/2012 1:59:42 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 1/9/2013 7:24:34 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 1/11/2013 2:53:43 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 3:25:01 PM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 1/11/2013 4:22:21 PM Packet Page-826- 1/22/2013 Item 16.A.11 . Name: OchsLeo ^, Title: County Manager Date: 1/11/2013 5:10:57 PM Packet Page-827- 1/22/2013 Item 16.A.11 . ATTACHMENT 1 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 09-001 DATE:March 16,2009 LDC SECTION:10.02.02.B.B.Ord.No.04-41 (formerly 3.2.4.8.,Ord.No.91-102)Lot line adjustment/reconfiguration SUBJECT:Lot line adjustments,changing non-corner lots to corner lots and reduction of setbacks INITIATED BY:Zoning Director as a result of BZA policy direction February 24,2009 BACKGROUND/CONSIDERATIONS:Section 3.2.4.8 allows adjustment of lot lines between contiguous lots or parcels to correct engineering or surveying error,or to allow an"insubstantial boundary change." There are situations where a lot line adjustment is requested for which the approval results in a lot status change from a non-corner lot to a corner lot or vice versa. This results in a rearrangement of setbacks(rear yards become side yards,etc). Other situations may result in the enlargement of the buildable area of the lot,thus potentially increasing the density or intensity or size of the permitted structure. DETERMINATION(CLARIFICATION):When a lot line adjustment is requested,the resultant change shall not have the effect of changing a non-corner lot to a corner lot or vice versa and shall not result in any situation which causes an increase in the buildable area of a lot or otherwise would allow for a larger structure,additional structures or encroachments into the required yards in the before condition. AUTHOR Susan M.Istenes,Zoning Director VALIDATED:Ray Bellows,Zoning Manager,Department of Planning&Zoning on 11/8/12 Cc:William L.Lorenz,PE,Director,Engineering and Environmental Services John Houldsworth,Senior Site Plan Reviewer Zoning Staff Zoning Interpretation File 11-8-12 Packet Page-828- ATTACHh1EN T 2 1/22/2013 Item 16.A.11. COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 2000-04 DATE:31 May 2000 LDC SEC HON:2.1.13(Now 9.03.07)Reduction of lot area prohibited INITIATED BY:Staff BACKGROUND/CONSIDERATIONS:The section in question states that lot area cannot be legally reduced unless the reduction is for'public use in any manner,including dedication, condemnation,purchased,and the like." There have been cases where part of a lot has been sold outright to the owner of a neighboring property,rather than dedicated as an easement or right- of-way easement,to provide private access to the neighboring property. In some cases,this sale has reduced the original lot area below the minimum allowed for the zoning district. The question is whether the lot which has been reduced in area is legally nonconforming. DETERMINATION(CLARIFICATION):Since the part of the lot which was sold outright was used to create a private,rather than public,access to the neighboring property,the lot which was reduced in area below the minimum required by Code is an illegal nonconforming lot,and no building permits should be issued for this propel ty. AUTHOR:Susan Istenes VALIDATED:Ray Bellows,Zoning Manager on 11/8/12 (for Robert J.Muihere,AICP,Director, Planning Services Department) THROUGH:Ronald F.Nino,AICP,Manager,Current Planning Section) cc:Building Department Code Enforcement Department Staff Clarification File • 11/8/12 Packet Page-829- 1/22/2013 Item 16.A.11. ATTACHMENT 3 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 06-03 DATE:4 October 2006 LDC SECTION: 10.02.03.B.3 SUBJECT:SDP Insubstantial Changes,Transportation Review INITIATED BY:Staff BACKGROUND/CONSIDERATIONS:LDC Section 10.02.03.B.3 identifies criteria for Insubstantial Changes to Site Development Plans(SDPI),including the following(g.):The proposed change is Insubstantial if"The change does not include the addition of any accessory structure that generates additional traffic as determined by the Transportation Planning Director Manager..."This language gives the Transportation Planning Dircctor Manager the ability to require that the proposed work be reviewed as an SDP Amendment should he or she determine that the accessory structure generates additional traffic. The Transportation Planning beater Manager has indicated that,in certain circumstances, review of the proposed work as an SDP Amendment would not be necessary even though additional traffic is generated,should the applicant comply with site-specific Transportation Department requirements,including,but not limited to,provision of sidewalks(or payment in lieu),provision of ADA-accessible walkways,provision of turn lanes and submittal of Traffic Impact Statements. Further,the Transportation Administrator has indicated that his department would not approve any SDPI if a situation existed anywhere on the property that resulted in a pedestrian or vehicular life safety hazard,although this issue is not addressed in paragraph g. DETERMINATION(CLARIFICATION):It is my determination that the Transportation Planning Director Manager is acting in accordance with the intent of the Code in using his or her discretion by applying Transportation requirements in the context of an SDPI when an accessory structure generates additional traffic. Furthermore,it is my determination that the Transportation requirement to address life safety hazards anywhere on the property is compatible with LDC Section 10.02.03.4(Site Development and Site Improvement Plan Standards),which says(b.)that that SDPs and SDPIs shall be reviewed in accordance with standards including"vehicular and pedestrian safety." AUTHOR:Susan Murray,Director,Department of Zoning&Land Development Review VALIDATED:Ray Bellows,Zoning Manager,Department of Planning&Zoning cc:Joe Schmitt,CDES Administrator Tom Kuck,Engineering Services Director Norm Feder,AICP,Transportation Administrator Don Scott,Transportation Planning Director Revised:11/8/2012 Packet Page-830- 1/22/2013 Item 16.A.11. ATTACHMENT 4 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC-06-01 DATE:February 3,2006 SUBJECT:"Wedding cake"setbacks and single-family residential structures INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: The Zoning Director has determined that setbacks for any structure must be measured from the property line to the outermost wall of the structure at grade level, unless otherwise allowed by a specific PUD document. In situations where the setback is determined either by building height or by the number of stories, previous Planning Directors have allowed the setback to be measured to varying levels of the building at varying heights: the so-called "wedding cake" method. The previous policy is no longer in effect for all structures,including single-family homes,unless otherwise permitted in a PUD. There has been some confusion with regard to the measurement of setbacks for single-family homes in PUD zoning districts requiring different setbacks for one- and two-story homes. The intent is to clarify the application of this policy to that situation. DETERMINATION (CLARIFICATION): When setbacks are determined according to the number of stories of a single family home, the two-story setback will apply, on both sides of the property, regardless of whether part or all of the home consists of two stories,and the addition of a full or partial second story to an existing home built according to single-story setbacks cannot be approved without a Variance. AUTHOR:Susan Murray,Director,Department of Zoning&Land Development Review VALIDATED BY:Ray Bellows,Zoning.Manager,Department of Planning&Zoning on 11/8/12 cc: Bill Hammond,Building Director Correspondence file Revised:4-11-12 Packet Page-831- 1/22/2013 Item 16.A.11 . ATTACHMENT 5 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC-2004-02 DATE:May 24,2004 • LDC SECTION:2.6.2.2.4.02.03 INITIATED BY: Susan Murray BACKGROUND/CONSIDERATIONS: This section of the LDC sets forth the standards for accessory structures on Waterfront and Golf Course lots. This clarification deals-with concerns superscript 3 relating that relates to the setback requirements where swimming pool decks exceed 4 feet in height above the top of the seawall or bank for one and two family dwelling units. Clarification is needed regarding the requirement for additional setback distance where the swimming pool deck exceeds 4 feet in height above the top of the seawall or top of bank. It is not apparent from the code provisions as to whether or not this is intended to apply to only the swimming pool deck or to other structures such as a spa or waterfall or other structure integrated into the pool deck. DETERMINATION (CLARIFICATION): The intent of the regulation is to require additional setback distances where the vertical wall supporting the horizontal deck the pool deck itself exceeds 4 feet in height above the top of the seawall or top of bank(or in the case of Manse d-and Isles of Capri per the LDC). The measurement should be taken from grade to the highest point of the deck supporting the pool or spa, or both, ignoring swimming pool/spa appurtenances such as waterfalls, spa walls, ladders, and the like unless these appurtenances have the effect of heightening the vertical wall supporting the deck. AUTHOR: Susan Murray,AICP,Director,Zoning Department VALIDATED BY:Ray Bellows,Zoning Section Manager,Department of Planning&Zoning cc: Ray Bellows,Zoning Manager Ross Gochenaur,Senior Planner Cheryl Soter,Senior Planner Alamar Smiley,Permitting Supervisor C:\Program Files\Neevia.Com\Document Converter\temp\23 26598.docx Packet Page-832- 1/22/2013 Item 16.A.11 . ATTACHMENT 6 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC-07-02 DATE:21 August 2007;Updated March 16,2009 LDC SECTION:Div.6.3 Definitions(Ordinance Number:91-102,definition inadvertently omitted from LDC Ord.04-41) SUBJECT:Front yard setback measurement on cul-de-sac lots INITIATED BY:Building Department,Zoning Staff BACKGROUND/CONSIDERATIONS:The definition of"yard,front"contains the following language:"In the cases of irregularly shaped lots,including cul-de-sac,the depth may be measured at right angles to a straight line joining the foremost points of the side lot line, provided the depth at any point is never less than the minimum length of a standard parking space..." There are irregular shaped lots that exist which meet the definition of corner lots,cul-de-sac lots, and irregular lots,or any combination of these lots. The LDC language states that"...the depth of the required front yard may be measured at right angles..." In cases where a combination of the lot types described above exist,measurement based on a line connecting the side lot lines could result in a significant decrease in the building envelope,in some cases making it impossible to construct a structure of reasonable size on the property.The Building Department and Zoning (Planning)Departments have historically taken all measurement of front yard setbacks for cul- de-sac lots based on a chord;that is,a line connecting the two side lot lines intersecting the arc of the cul-de-sac(Drawing A),or,in cases of irregular or corner lots which are also cul-de-sac lots,a line connecting the point where one site side lot line intersects the arc of the cul-de-sac with the point at which the cul-de-sac arc terminates. (Drawing B) DETERMINATION(CLARIFICATION):It is my decision that use of the discretionary"may"in the above definition allows the Zoning Director or designee to allow measurement which would provide the most reasonable building envelope on the property for those lots which do not front entirely on the arc of the cul-de-sac and that the historical method of measurement for cul-de-sac lots employed by the Building and Zoning Departments,as described above,is consistent with this decision. This clarification Updated as a result of BZA direction: When the chord methodology is used,the areas of the lot subject to the chord measurement shall not result in a setback of less than 18 feet from the property line.All other frontage on the lot not subject to the chord measurement shall comply with the minimum setback of the zoning district. AUTHOR:Susan Istenes,Director,Department of Zoning&Land Development Review VALIDATED BY:Ray Bellows,Zoning Manager,Department of Planning&Zoning cc:Joseph Schmitt,Division Administrator A.Roland Holt,Building Director Tom Kuck,Engineering Director Bob Dunn,Inspections and Plans Review Manager Glenda Smith,Operations Analyst Staff Clarification File 11/8/12 Packet Page-833- 1/22/2013 Item 16.A.11. ATTACHMENT 6 0 A • ., N N ___.„ . ,.. . - . , .., 6 ., ,,,.. r 0 Q • ID DRAWING A 11/8/12 Packet Page-834- 1/22/2013 Item 16.A.11 . ATTACHMENT 6 ■ • (3) f • ¢ c."; .4.47;?4, pv / f i • DRAWING B 11/8/12 Packet Page-835-