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Agenda 02/12/2013 Item #16A16n 2/12/2013 16.A.16. 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 Pursuant to Board direction, staff will evaluate past SCs to determine which ones have not been superseded by subsequent code amendments and will bring to the Board for review all current SCs.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, the BCC approved the schedule for Board review of the selected Staff Clarifications as well as the first set of clarifications. On January 22, 2013, the BCC accepted six (6) more 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 Staff will also report to the Board those items that have been superseded by subsequent code amendments and are no longer applicable.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- 2007 -01, Elevated Pad-Mounted Air. Conditioning Units • SC- 2006 -05, Fuel Tanks in RSF &`E Zoning Districts • SC- 2006 -02, Golden Gate Estates Easements • SC-2005-02,, Clubhouse Parking • SC- 2004 -05, Building Height Limitations, Exceptions • SC- 2004 -04, Accessory Structures, Maximum Lot Coverage 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) E%IPACT: There is no GNP impact for this item. Packet Page -1262- 2/12/2013 16.A.16. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -HFAC COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMNDATION: The CCPC reviewed the attached Staff Clarifications during their January 17, 2013 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- 2007 -01, Elevated Pad Mounted Air Conditioning Units 2. SC- 2006 -05, Fuel Tanks in RSF & E Zoning Districts 3. SC- 2006 -02, Golden Gate Estates Easements 4. SC- 2005 -02, Clubhouse Parking 5. SC- 2004 -05, Building Height Limitations, Exceptions 6. SC- 2004 -04, Accessory Structures, Maximum Lot Coverage Packet Page -1263- 2/12/2013 16.A.16. ^ COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to accept the specific past Staff Clarifications of the Land Development Code (LDC) attached to this Executive Summary. Meeting Date: 2/12/2013 Prepared By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning 1/17/2013 5:21:19 PM Submitted by Title: Manager - Planning, Comprehensive Planning Name: BellowsRay 1/17/ 2013 5:21:21 PM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 1/18/2013 10:37:57 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/22/2013 3:37:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:36:10 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/30/2013 4:54:17 PM Name: FinnEd Packet Page -1264- Title: Senior Budget Analyst, OMB Date: 1/31/2013 9:37:36 AM Name: KlatzkowJeff Title: County Attorney Date: 1/31/2013 9:52:17 AM Name: OchsLeo Title: County Manager Date: 1/31/2013 3:29:18 PM Packet Page -1265- 2/12/2013 16.A.16. 1*0"N 11� 11-N 2/12/2013 16.A.16. Cofty Count STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM; ZONING SERVICES—PLANNING & ZONING , DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JANUARY 17, 2013 SUBJECT: REVIEW OF STAFF CLARIFICATIONS REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) to review past si clarifications of the Land Development Code and to forward a recommendation to accept the selected S1 Clarifications to the Board of County Commissioners (BCC). CONSIDERATIONS: On September 25, 2012, the BCC directed the County Manager to bring to CCPC all written staff clarifications of the Land Development Code (LDC) for their review and conimc Staff Clarifications (SC) are those memorandums that have been written by the Planning & Zon Director to provide guidance to staff when there are questions about'Ahe application of an LDC provisi These SC memorandums date back to 1997. These SCs have also been displayed on Zoning's website several years. Pursuant to BCC direction, staff will evaluate past SCs to determine which ones have not been superse( by subsequent code amendments and will present all current SCs to the CCPC and to the Board for revi and comment. On November 1, 2012, the CCPC recommended approval of the schedule for the CCPC z BCC review all tie SCs associated with the LDC. Staff has reviewedthe SCs for applicability according the approved schedule. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: There is no GMP impact for this item. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff rep for the CCPC review of Staff clarification memorandums on January 17, 2012. RECOMMENDATION: Recommendation for the Collier County Planning Commission to forwarc recommendation to the BCC to accept the following Staff Clarifications: • SC-2007-01, Elevated Pad Mounted Air Conditioning Units • SC-2006-05, Fuel Tanks in RSF & E Zoning Districts • SC-2006-02, Golden Gate Estates Easements • SC-2005-02, Clubhouse Parking • SC-2004-05, Building Height Limitations, Exceptions • SC-2004-04, Accessory Structures, Maximum Lot Coverage January 17, 2013 CCPC - Revised: 12112112 Packet Page -1266- to a PREPARED BY: D6Lo RAMYM D V. BELL S, ZONNTMNAGER EPAR NT PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING MANAGEMENT I) 7, DATE DATE DATE 2/12/201316.A.16. Tentatively scheduled for the February 12, 2013 Board of County Commissioners Meeting Attachments: 1. SC-2007-01, Elevated Pad Mounted Air Conditioning Units 2. SC-2006-05, Fuel Tanks in RSF & E Zoning Districts 3. SC-2006-02, Golden Gate Estates Easements 4. SC-2005-02, Clubhouse Parking 5. SC-2004-05, Building Height Limitations, Exceptions 6. SC-2004-04, Accessory Structures, Maximum Lot Coverage January 17, 2013 CCPC - Revised: 12112112 Packet Page -1267- U ATT. COLLIER COUNTY LAND DEVELOPMENT ZONING & LAND DEVELOPMENT ST DATE: 18 June 2007 LDC SECTION: 4.02.01.1) SUBTECT: Elevated pad mounted Air Conditioning INITIATED: BY: Staff 2/12/2013 16.A.16. STAFF CLARIFICATION CLARIFICATION: SC -07 -01 BACKGROUND /CONSIDERATIONS: LDC Section 4 02.01.D.6 states that wall- mounted A/C units may protrude two feet into a required yard. Section 4.02.01.D.9 states that pad- mounted A/C units are permitted in required yards. "Pad-mounted" has historically been interpreted by the Zoning Department as meaning mounted on the ground. DETERMINATION (CLARIFICATION): There has be application of the aforementioned Land Development ( permits. It appears that the rule applying air conditions applied to allow A/C units placed on elevated pads to allowed by LDC Section 4.02.01.D.6. A/C units mounte impact as a wall mounted A/C unit however because tl which require the units to meet flood elevation, up to ai appears as if the rule allowing unlimited encroachment mounted A/C units. In order to resolve this discrepant units as "pad- mounted" regardless of the type of suppc extent of the encroachment to that which maintains the structures. A Land Development Code amendment wil provision. In the interim, units meeting this limitation which don't violate the building separation requiremen AUTHOR: Susan M. Istenes, Director, Department of VALIDATED: Mike Sawyer, Project Manager and Ray Planning & Zoning cc: Joseph Schmitt, CDES Administrator Bob Dunn, Acting Building Director Packet Page -121 !n some confusion related to the ode citation when issuing Building r encroachments has apparently been )rotrude well in excess of the two feet I on elevated pads would have the same e practice is common in coastal VE areas least 14 feet (VE 14) in some areas, it has also been applied to elevated pad � it is my decision to treat these elevated ..ting structure however, I am limiting the , equired separation distance between be prepared to incorporate this Till be allowed to exist and new units s may be permitted. & Land Development Review Zoning Manager, Department of 2/12/2013 16.A.16. ATTACHMENT 2 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING & LAND DEVELOPMENT STAFF CLARIFICATION: SC -06 -05 DATE: 3 January 2007 LDC SECTION: 1.08.02 (Definitions}, 2.04.00 2.03.00 (Permissible, Conditional and Accessory Uses in Zoning Districts), 5.02.00 (Home Occupations) SUBTECT: High- capacity Fuel Tanks in Residential, Single - family and Estates Zoning Districts INITIATED BY: Staff, based on request for clarification by Code Enforcement Investigator BACKGROUND /CONSIDERATIONS: Code Enforcement has reported a number of complaints regarding high- capacity (500 - plus gallon) gasoline and diesel fuel tanks being used in Estates zoning to support certain commercial businesses, such as hauling, lawn maintenance, excavation, and landscaping, being operated legally or illegally on the property. While home occupations are permitted by Section 5.02.00, this section also says that the home occupation shall be clearly incidental to the use of the home for dwelling purposes and shall not change the character of the dwelling. Additionally, Subsection H states that "no on- premise use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation." This section would apply to towed fuel tanks or fuel tank trucks having a fuel capacity of greater than 250 gallons. Such commercial vehicles would be prohibited regardless of whether the owner possessed a valid home occupational license since the use would not be typically associated with a single - family home. Section 1.08.02 defines an accessory use or structure as a use or structure located on the same lot or parcel and incidental or subordinate to the principal use or structure. In discussing the situation with the Building Director, the Engineering Review Manager, and representatives of the Fire Department, Environmental Services Department and Pollution Control Department, it is the consensus that high - capacity fuel tanks, both above and below ground, constitute an unacceptable and unnecessary hazard within Single - family and Estates zoning districts, in particular in Golden Gate Estates, where storage of large amounts of combustible liquid could pose a additional threat to an area already highly vulnerable to brush fires. High - capacity fuel tanks must be emptied regularly to avoid Packet Page -1269- 2/12/2013 16.A.16. ATTACHMENT" 2 n contamination by rust particles, dirt, and water and can become varnished or gummy, clogging fuel lines and pumps, and there is no need for regular consumption of a high volume of fuel in connection with day -to -day activity associated with a single- family home.. For the purposes of this Staff Clarification, "high- capacity tank" is defined as any tank or container holding in excess of 250 gallons of fuel. This amount should be sufficient to power lawn tractors, lawn mowers, chainsaws, or other small motors typically used in a single - family home Fuel tanks providing heating oil to homes, gasoline or diesel fuel to emergency generators, and propane tanks are exempt from the provisions of this Staff Clarification; although all state and local permitting requirements will apply. DETERMINATION (CLARIFICATION): determination that a high- capacity above g. not a typical accessory use or structure incid use of a single - family home. Furthermore, occupations employing heavy vehicles and e diesel fuel does not justify the storage of lar home occupation. Such stockpiling would home and would be in violation of Subsectic hazardous materials. AUTHOR: Susan M. Istenes, Director, Development Review VALIDATED BY: Kay Deselem, Principal Manager, Department of Planning & Zoning cc: Bill Hammond, Building Director Bill Lorenz, Environmental Services Direci Ray Smith, Pollution Control Director Michelle Arnold, Code Enforcement Direc Stan Chrznowski, Engineering Review Ma Ed Riley, Fire Code Official Susan O'Farrell, Environmental Investigat Zoning Department staff Building and Permitting Department Staff Packet Page - It is the Zoning Director's and or below - ground fuel tank is ital or subordinate to the principal e fact that the Code allows home .iipment powered by gasoline and amounts. of fuel in support of the Dt be incidental. to the use of the H, which addresses the storage of t of Zoning & Land Planner & Ray Bellows, Zoning 2/12/2013 16.A.16. ATTACHMENT 3 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING & LAND DEVELOPMENT STAFF CLARIFICATION: SC -06 -02 DATE: July 21, 2006 LDC SECTION: Division 6.3 Definitions (LDC Ord. 91 -102) SUBJECT: Partial revision of definition of Yard, Front, relating to setbacks from access easements in Golden Gate Estates; the original language addressing this issue was inadvertently omitted from Ordinance 04 -41 INITIATED BY: Staff BACKGROUND /CONSIDERATIONS: The language in LDC Ord. 91 -102 was confusing in stating that access easements serving three or less lots of record "shall not constitute a front yard for the purposes of establishing building setback lines." This statement defeats the purpose of establishing access easements creating street frontage for one or two of the lots involved, which is to create a front yard for setback purposes. The original intent of the language was to prevent the establishment of new front yards on adjacent lots abutting the newly- created easement. In addition, the original language referred to bisecting and perimeter easements which have since been vacated. The proposed revised language clarifies the situation and eliminates the reference to bisecting 1-111N and perimeter easements. DETERMINATION (CLARIFICATION): The LDC will be amended to revise the language as follows: "In the Golden Gate Estates Subdivision, access easements which are created to provide street frontage for three or fewer reconfigured or replatted lots, will constitute a front yard for the purposes of establishing building setback lines only for those lots on which the easement lies and not for any other lots abutting the easement." AUTHOR: Susan Murray, AICP, Director, Department of Zoning & Land Development Review VALIDATED BY: Nancy Gundlach, Principal Planner and Ray Bellows, Zoning Manager, Department of Planning & Zoning cc: Tom Kuck, Director, Engineering Services John Houldsworth, Senior Engineer David Weeks, Manager, Growth Management Bill Hammond, Building Director Packet Page -1271- 2/12/2013 1.6.A.16. ATTACHMENT 4 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING & LAND DEVELOPMENT STAFF CLARIFICATION: SC- 2005 -02 DATE: 26 April 2005 LDC SECTION: 2.05.04 SUBTECT: Calculation of parking for clubhouses INITIATED BY: Staff 4.05.04 - Table 17 (Parking Space Requirements) addre required for a clubhouse that is associated with a golf c neighborhood clubhouse associated with a multi-famil within a multifamily development for recreational facia associated with these facilities. This language is confu: shows that it has been subject to varying interpretation of the Code. In determining the number of parking spi uses typically associated with a golf course which may separate structure; however, these uses are merely exai and not exclusive for consideration of required parkin€ 1. Undergo lf course, the code states that the park for office /lobby /pro shop /health club /clubho room areas" and than goes on to address exteri 2. Under multi family dwellings, the code states 1 facilities are accessory to a single - family or mu] residents of this project, exclusive of golf course may be computed at 50 percent of normal requ: dwelling units are not within 300 feet of the rec normal requirements where the majority of the recreation facilities." DETERMINATION (CLARIFICATION): Effective this clubhouses associated with a golf course, which typical] meeting room areas and lounge or dining room, the par square footage within the exterior walls. For clubhouse developments, the parking should be calculated separat specified in the Code, and separately for the clubhouse 1 clubhouses. AUTHOR: Joyce Ernst, Department of Zoning & Land VALIDATED BY: John Kelly, Planner and Ray Planning & Zoning cc: Staff Clarification file TD /CONSIDERATIONS: Section ses the number of parking spaces urse but does not address parking for a development; it addresses parking ies, but not for the clubhouse often zg and review of approved site plans resulting in an inconsistent application es required, the Code lists a variety of e located within the clubhouse or a ples of uses associated with a golf course g requirement is "1 per 200 square feet ;e /lounge /snack bar /dining /meeting recreation. at "where small-scale recreation - family project and intended only for the /clubhouses, the recreation facilities �ment where the majority of the !ation facilities and at 25 percent of welling units are within 300 feet of the date, it is my determination that, for 7 contain an office, lobby, pro shop, ,ing should be calculated utilizing all the s associated with multifamily >ly for the recreational facilities as ising the same method as for golf course Review Zoning Manager, Department of Packet Page -1272- 2/12/2013 16.A.16. ATTACHMENT 5 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION `0—N, ZONING & LAND DEVELOPMENT STAFF CLARIFICATION SC 2004 -05 DATE: November 10, 2004 LDC SECTION: 1.09.02 (Definitions: Building, zoned height of) SUBJECT: Exemptions from Building Height Limitations INITIATED BY: Zoning Department Staff BACKGROUND/ CONSIDERATIONS: The following language is contained within the definition of zoned building height referred to above: "Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings." The Code does not further define "recreational space and accessory facilities," and a request for clarification of this language, with regard to the intent of the Code, has been received. DETERMINATION (CLARIFICATION): It is my determination that the language in question was intended to allow accessory uses which would not have the visual effect of increased building height, and refers to unenclosed, unroofed, and unairconditioned space for recreational use. This would include such uses as tennis courts, sun decks, running tracks, gym and exercise equipment, and swimming pools or spas which are not raised above rooftop level. The reference to accessory facilities would consist of those exceptions to height limitation identified in LDC Section 4.02.01.D.1 as infrastructure in support of the building, including structures which do not consist of air- conditioned, habitable space, such as those used to house equipment (pumps, condensers, generators, elevators, etc.). AUTHOR: Ross Gochenaur (for Susan Murray, AICP, Director, Department of Zoning & Land Development Review) VALIDATED BY: Fred Reischl, Senior Planner and Ray Bellows, Zoning Manager, Department of Planning & Zoning cc: Project planners Michael R. Fernandez, AICP, President, PDI Packet Page -1273- ATT COLLIER COUNTY LAND ZONING & LAND DEVELOPMENT ST. DATE: July 26, 2004 LDC SECTION: Division 2.6 (Accessory Structures) an( SUBJECT: Applicability of Maximum Lot Coverage for INITIATED BY: Staff 2/12/2013 16.A.16. CODE STAFF CLARIFICATION CLARIFICATION # SC 2004 -04 Division 6.3 (Definitions) Structures BACKGROUND/ CONSIDERATIONS: During review of a Site Development Plan for a multi- family project, staff was asked to clarify whether th2 limitations regarding size of accessory buildings - a maximum lot area in square feet that could be occupied by accessory buildings - would apply to an attached one -story structure providing parking for the residents of a multi- family high -rise tower. DETERMINATION (CLARIFICATION): It is my determination that a one - story parking structure attached to a multi- family tower would be considered part of the principal structure, and that the area occupied by the parking structure would not be used in the calculation of lot coverage by accessory structures. In Division 6.3, the definition of "Accessory Use or Structure" states that "Where a building is attached to a principal building, it shall be conside d a part thereof, and not an accessory building, except as provided in Division 2.6..." Section 2.0.2.1. (Location of Accessory Buildings and Structures) states that '...in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures of buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building.' Section 2.6.2.3. (Limitations as to Size of Accessory buildings and Structures) states that "Accessory buildings shall not occupy an area greater than five percent of the total lot area in all residential zoning districts, or occupy an area greater than 40 percent of any building envelope... whichever is the lesser..." It is my opinion that there is no exception in the 1 guage of Division 2.6 to indicate that a parking structure attached to a multi- family high -rise wer would not be considered part of the principal structure and therefore be exempt from accessory structure lot coverage requirements. AUTHOR: Susan Murray, AICP, Director, Department Of Zoning & Land Development Review) VALIDATED BY: Mike Sawyer, Project Manager and Department of Planning & Zoning cc: Patrick White, Assistant County Attorney Staff Clarification file Bellows, Zoning Manager, Packet Page -1274-