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Agenda 04/23/2013 Item #16A114/23/2013 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 Pursuant to Board direction, staff will evaluate past SCs to determine which ones have not been superseded by subsequent code amendments and will bring to the Board for review all current SCs.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 1 l , 2012, the Board approved the schedule for review of the selected Staff Clarifications as well as the first set of clarifications. On March 21, 2013, the BCC accepted four (4) more clarifications with one that was withdrawn. 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 Staff will also report to the Board those items that have been superseded by subsequent code amendments and are no longer applicable. Staff is requesting the Board review and accept the following Staff Clarifications except for SC- 2000-03 that has been withdrawn. • SC- 1999 -01, Golden Gate Estate Lot Line Adjustments • SC- 2000 -01, Accessory Structure Setbacks • SC- 2000 -02, Combining Lots • SC- 2000 -03, Water Feature (Withdrawn as noted above) • SC- 2000 -05, LNC Dock Repairs FISCAL IMPACT: There is no Fiscal Impact associated with the recommendations of this Executive Summary.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. Packet Page -702- 4/23/2013 16.A.11. 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) RECOMMENDATION: The CCPC reviewed the attached Staff Clarifications during their March 21, 2013 meeting and by a vote of 8 -0; they recommended that the Board of County Commissioners (BCC) approve the SC memorandums as presented with a note that SC- 2000 -03 (Attachment 4) and SC -01 -01 (Attachment 5) have been superseded by subsequent LDC amendments that are no longer applicable. As a result, these two Staff Clarification memorandums have been withdrawn. 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- 1999 -01, Golden Gate Estate Lot Line Adjustments 2. SC- 2000 -01, Accessory Structure Setbacks 3. SC- 2000 -02, Combining Lots 4. SC- 2000 -03, Water Feature (Withdrawn as noted above) 5. SC- 2000 -05, LNC Dock Repairs Packet Page -703- 4/23/2013 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.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: 4/23/2013 Prepared By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning 3/27/2013 1:54:40 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/29/2013 11:37:21 AM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/4/2013 3:15:09 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/10/2013 1:58:12 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/10/2013 4:54:31 PM Name: KlatzkowJeff Title: County Attorney Date: 4/11/2013 8:42:03 AM Name: FirmEd Title: Senior Budget Analyst, OMB Date: 4/12/2013 3:00:11 PM Packet Page -704- Name: OchsLeo Title: County Manager Date: 4/12/2013 4:06:44 PM Packet Page -705- 4/23/2013 16.A.11. 4/23/2013 16.A.11. Co e-r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES — PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MARCH 21, 2013 SUBJECT: REVIEW OF STAFF CLARIFICATIONS REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners (BCC). CONSIDERATIONS: On September 25, 2012, the BCC directed the County Manager to bring to the CCPC all written staff clarifications of the Land Development Code (LDC) for their review and comment. Staff Clarifications (SC) are those memorandums that have been written by the Planning & Zoning Director to provide guidance to staff when there are questions about the application of an LDC provision. These SC memorandums date back to 1997. These SCs have also been displayed on Zoning's website for several years. Pursuant to BCC direction, staff will evaluate past SCs to detennine which ones have not been superseded by subsequent code amendments and will present all current SCs to the CCPC and to the Board for review and comment. On November 1, 2012, the CCPC recommended approval of the schedule for the CCPC and BCC review all the SCs associated with the LDC. Staff has reviewed the SCs for applicability according to the approved schedule. GROWTH MANAGEMENT PLAN CONSISTENCY: There is no GMP impact for this item. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for the CCPC review of Staff clarification memorandums on February 25, 2012. RECOMMENDATION: Recommendation for the Collier County Planning Commission to forward a recommendation to the BCC to accept the following Staff Clarifications except for SC- 2000-03 that has been superseded by subsequent amendments to the LDC. • SC- 1999 -01, Golden Gate Estate Lot Line Adjustments • SC- 2000 -01, Accessory Structure Setbacks • SC- 2000 -02, Combining Lots • SC- 2000 -03, Water Feature (Withdrawn as noted above) • SC- 2000 -05, LNC Dock Repairs Staff Clarification Memos for the March 21, 201' ) CCPC — Revised 2 -27 -13 Packet Page -706- 4/23/2013 16.A.11. PREPARED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: MIKE BOSI, AICP, INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING APPROVED BY: DATE DATE NICK CASALANGUIDA, ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the April 23, 2013 Board of County Commissioners Meeting Attachments: 1. SC- 1999 -01, Golden Gate Estate Lot Line Adjustments 2. SC- 2000 -01, Accessory Structure Setbacks 3. SC- 2000 -02, Combining Lots 4. SC- 2000 -03, Water Feature 5. SC- 2000 -05, LNC Dock Repairs Staff Clarification Memos for the March 21, 2013 CCPC — Revised 2 -27 -13 Packet Page -707- 4/23/2013 16.A.11. COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 99 -01 ATTACHMENT 1 DATE: 16 April 1999 LDC SECTION: 2.2.3. Estates district (E) [Now Section 2.03.01.B] INITIATED BY: Staff BACKGROUND/ CONSIDERATIONS: When legal, conforming Golden Gate Estates tracts are split so as to maintain legal area (2.25 acres minimum) and street frontage (150 feet minimum), imaginative lot line adjustments are sometimes made to accommodate setback requirements for existing dwellings. A surveying firm has requested clarification of the minimum depth of the 150 -foot street frontage so created. DETERMINATION (CLARIFICATION): The 150 -foot street frontage must continue to a depth at least equalling the required minimum front yard, which, in the case of a conforming Estates interior lot, is 75 feet. AUTHOR: Ross Gochenaur (for Robert J. Mulhere, AICP, Director, Planning Services Department) THROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) cc: John Houldsworth VALIDATED BY: Ray Bellows, Zoning Manager, Department of Planning & Zoning on 2/15/13 Packet Page -708- 4/23/2013 16.A.11. ATTACHMENT 2 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 00 -01 DATE: 1 March 2000 LDC SECTION: ^ A 2 4.02.03 INITIATED BY: Staff BACKGROUND/ CONSIDERATIONS: 1. Building Department customer service agents have requested clarification of the status of roofed, screened porches with regard to setback requirements. 2. They have also expressed concern that the LDC does not require a separation between screened enclosures and other structures, and that this could result in a conflict with Fire Code requirements. DETERMINATION (CLARIFICATION): 1. Roofed, screened porches attached to a principal structure are accessory structures, and are not part of the principal structure. They are therefore not required to meet principal structure setbacks. Should the owner wish to enclose such structures to create living/ air conditioned space, the resulting area would then become part of the principal structure, and would then have to meet principal structure setbacks. 2. The assumption made by the LDC is that a screened enclosure will virtually always be attached to a principal structure, and a screened enclosure will not normally be attached to another accessory structure, such as a utility building. In any case, for any unattached structures, a minimum separation of ten feet between these structures would be required. It would, however, still be possible to attach a screened enclosure to another accessory structure if desired. All scenarios would meet current Fire Code requirements. Where there is a question as to whether structures are "attached," the Building Department would make the decision according to Building Code structural standards or Building Department policy. AUTHOR: Ross Gochenaur (for Robert J. Mulhere, AICP, Director, Planning Services Department) THROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) VALIDATED BY: Ray Bellows, Zoning Manager, Department of Planning & Zoning cc: Johnnie Gebhardt, Customer Service Supervisor Bob Salvaggio, Assistant Fire Code Official Planning Staff Revised: 2 /25/13 Packet Page -709- 4/23/2013 16.A.11. ATTACHMENT 3 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 2000 -02 DATE: 7 April 2000 LDC SECTION: 2.2 4.02.03 Accessory building and structures; Division 6- 31.08.00 Definitions (definition: Accessory use or structure) INITIATED BY: Staff, at direction of Planning Services Director BACKGROUND /CONSIDERATIONS: Building Department Customer Service Agents have expressed a desire for written clarification of the requirements for placing an accessory structure on a residential lot adjacent to another residential lot on which a principal structure is located when both lots are under common ownership. DETERMINATION (CLARIFICATION): An accessory structure, by definition, requires a principal structure on the same lot, to which it is an accessory use. Section 2.6.2. states that accessory structures must be constructed after, or simultaneously with, the construction of the principal structure. Division 6.3 states under the definition of "Accessory use or structure" that an accessory structure must be "on the same premises" as the principal use, then continues to say that: "On the same premises.. shall be construed to mean on the same lot or on a contiguous lot in the same ownership and zoning district." In all zoning districts, therefore, an accessory structure may be constructed on a lot adjacent to the lot on which the principal structure is located when the lots are under common ownership. This requires the submittal of a signed affidavit stating that the accessory structure will be removed if the lots are ever separated and /or sold individually. This affidavit must be recorded in the Public Records, and a copy of the affidavit must be submitted along with the application for the building permit for the accessory structure. AUTHOR: Ross Gochenaur, Planner II /Cheryl Soter, Planner I (for Robert J. Mulhere, AICP, Director, Planning Services Department) THROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) VALIDATED BY: Ray Bellows, Zoning Manager, Department of Planning & Zoning cc: Vincent A. Cautero, Community Development & Environmental Services Director Johnnie Gebhardt, Customer Service Agent Supervisor Tom Kuck, Manager, Engineering Review Services Revised: 2125113 Packet Page -710- 4/23/2013 16.A.11. ATTACHMENT 4 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING SECTION — SC- 2000 -03 DATE: 16 May 2000 LDC SECTION: 2.6.2. Accessory Buildings & Structures* INITIATED BY: Staff BACKGROUND /CONSIDERATIONS: Building Department customer se nts `" e requested clarification of setback requirements for architectural water features over ch "I entially zoned front yards. Section 2.6.4. states that every part of every requi d yar all en unobstructed from 30 inches above ground level; however, Section 2. s that ing in the LDC shall prohibit landscaping as long as the intersection visi tria .e r d in tion 2.6.1 is maintained. DETERMINATION (CLARIFICATION: Architectural over 3 s high, whether or not they include statuary and /or electrically operated pump are uire o meet setbacks, but must comply with the provisions of Section 2.6 1 escri e in "ection visibility triangle. Since these architectural features usually have in on .4h landscaping than with a typical principal or accessory structure, they sh ea i and exempt from setback requirements as long as the visibility rigle is tai AUTHOR: Ross Gochenaur (for ert . " There, ector, Planning Services Department) THROUGH: Ronald F. ana rren ing Section VALIDATED BY: nd V. ows, Zo g Manager, Department of Planning & Zoning * Superceeded y equant J, amen ents CC: Staff Revised.• 2127113 Packet Page -711- 4/23/2013 16.A.11. COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC 2000 -05 ATTACHMENT 5 DATE: 24 August 2000 LDC SECTION: 1.8.10 [Now 9.03.03.B] Nonconforming structures INITIATED BY: Staff BACKGROUND/ CONSIDERATIONS: Customer service agents have requested guidance regarding the repair of existing boat docks for which no record of a building permit can be found; specifically, what critera are used to determine the legal nonconforming status of the dock, and to what extent the dock can be repaired before the work is considered "replacement." DETERMINATION (CLARIFICATION): Computerized recordkeeping of building permits in Development Services [Growth Management Division] was initiated in late 1989, therefore any dock appearing on the Property Appraiser's records (property card) prior to 1990, at the same location and having the same dimensions as currently exist, will be considered legally nonconforming. Section 1.8.10 [9.03.03.B.2] states that the destruction of a nonconforming structure by any means to an extent of more than 50 percent of its actual replacement cost at the time of destruction must be rebuilt in conformity with the Code. Work on a legal nonconforming dock to the extent of 50 percent or less of the replacement cost may therefore be performed, providing that the original location and dimensions are maintained, and that the improvements to the facility do not increase the nonconformity. In addition, any improvements which reduce the nonconformity of a legal nonconforming dock may also be permitted. VALIDATED BY: Ray Bellows, Zoning Manager, Department of Planning & Zoning AUTHOR: Ross Gochenaur (for Robert J. Mulhere, AICP, Director, Planning Services Department) THROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) cc: Building Department, Ed Perico Code Enforcement Department file Packet Page -712-