Agenda 10/14/2008 Item #10BAgenda Item No. 10B
October 14, 2008
Page 1 of 5
EXECUTIVE SUMMARY
That the Board of County Commissioners (Board) provide staff guidance as to how to
proceed regarding the direction from the Board to amend the Land Development Code
(LDC) in order to address changes to the Land Development Code regarding the parking
of boats on trailers and recreational vehicles in a front yard for more than six (6) hours.
OBJECTIVE:
To request that the Board provide guidance as to how to proceed with Board direction to make
the needed amendments to the code related to the parking of boats and recreational vehicles in
front yards for periods greater than six hours.
CONSIDERATIONS:
During the regular meeting of the Board of County Commissioners on September 9, 2008, under
Item 15, Staff and Commission General Communications, Commissioner Halas proposed the
idea of allowing for boats on trailers and recreational vehicles to exceed the mandated six hour
limitation for parking in front of a residential property and in doing so allow the property owner
to temporarily store such items up to 48 hours. In addition, Commissioner Halas proposed the
development of an on -line web -based permitting system for property owners to apply for any
needed permit and a system that would allow for the printing of the required temporary permit
for posting on the boat or vehicle. The Board concurred with the recommendation and directed
that staff review the codes and advise as to what action would be needed to make the required
change.
The existing governing code in the Collier County Land Development Code (LDC) is a follows
(bold font added to highlight key points):
2.01.00 GENERALL Y
A. Parking and storage of vehicles )without current license plates. Vehicles or trailer of
any ope that are not innnediately operable, or used for the purpose .for which they were
manufactured i4 thout mechanical or electrical repairs or the replacement of parts; or do
not meet the Florida Safeo, Code; or do not have current valid license plates; or do not
meet the definition of recreational equipment as defined ivithin this Code, shall not be
parked or stored on any residentially zoned or designated property, including the E
estates district, other than in a completely enclosed building. For the purpose of this
section a license plate shall 7101 be considered valid unless it is both affi.xed to a vehicle
or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer
uponhich it is displayed.
B. Par °ldng, storage or use of major recreational equipment. No r- ecreational egt.iipment
shall be used for living, sleeping, or housekeeping proposes when parked or stored on a
residentially, zoned lot, residential districts, or any location not approved for such use. In
r -
districts permitting single f7inily homes or- mobile homes, major recreational equipment
may be parked or stored only in a rear yard, or in a completely enclosed building, or in a
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Agenda item No. 10B
October 14, 2008
Page 2 of 5
carport, or on davits or cradles adjacent to waterways on residentially zoned property;
provided, however, that such equipment may be parked anywhere on residential
premises, other than on county rights -of -way or right -of way easements for a period not
to exceed six hours within a time period of seven days fbr loading and unloading, and /or
cleaning prior to or after a trip. For the purpose of this section the rear yard for a corner
lot shall be considered to be that portion of the lot opposite the street 144th the least
frontage. For through lots the rear yard shall be considered to be that portion of the lot
lying between the rear elevation (by design) of the residence and the street.
The following exceptions may be granted by the County Manager or designee:
L Such recreational equipment may be parked upon the premises of the resident for a
period not exceeding seven days for the purpose of repairing and/or cleaning prior to
or after a trip. A temporary use permit must be obtained to authorize this activity. ire
permit for such period shall be affixed to the vehicle in a conspicuous place on the street
side thereof. No more than two consecutive permits may be issued and the maximum
number o f permits issued during one calendar year shall be restricted to four.
Note that the current language does allow for the parking of such vehicles for up to seven days
but only 4 times per year with no two consecutive weekly permit. Staff notes that this element of
the Land Development Code has nothing to do with land use and as such these types of
restrictions are better suited as elements within the Collier County Code of Laws and
Ordinances. Ordinances related to the Code of Laws are much simpler to create and amend and
do not require public hearing through the Development Services Advisory Committee (DSAC)
and the Collier County Planning Commission (CCPC) or the approval by the Board of a special
cycle LDC amendment cycle. Staff with the concurrence of a Board approved contractor is in
the process of a long term project to separate these types of restrictions that deal with community
behavior from the LDC and have them placed in the appropriate ordinances for codification into
the Code of Laws and Ordinances.
Amendments to the Collier County Land Development Code may be made not more than two
times during any calendar year, as scheduled by the County Manager, except amendments to the
LDC may be made more often than twice during the calendar year if the Board, by at least a.
super- majority vote, directs that additional amendments be made for specific purposes. In
addition, the Board recently directed that the County Manager reduce the number of amendment
cycles a year to no more than one cycle per year and to limit amendments to those that are
deemed to be required or needed changes to rectify identified faults in the code, to correct
specific items as mandated by the State of Florida, or to eliminate or amend requirements of the
LDC that are deemed to be no longer needed or acceptable by the Board. This amendment
appears to qualify under those restrictions.
The Board has already approved a Special Cycle with the dates noted below to deal with the
required amendments to address an urgent amendment to the Land Development Code in
response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which
declared sections of the Collier County "Sign Code" unconstitutional.
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Agenda Item No. 10B
October 14, 2008
Page 3 of 5
Special Cycle hearing dates:
Meeting Dav Date Time
CCPC Regular Meeting 1 Thursday
CCPC LDC Meeting 2 Thursday
BCC Regular Meeting Tuesday
BCC Regular Meeting Tuesday
Options:
October 16
8:30 a.m.
November 6
8:30 a.m.
November 25
9:00 a.m.
December 9
9:00 a.m.
1. Include the amendment in the approved Special Cycle. The proposed amendment does
not constitute a change in land use or zoning and, as such, the Board by super- majority
approval can approve that this amendment be added to the previously approved Special
Cycle. This is the most expeditious approach to effect the change; however, it
perpetuates the practice of posting administrative and community behavioral restrictions
in the LDC.
2. Delay to a future "regular" LDC amendment cycle with the understanding that in doing
so the proposed change may not be heard by the Board until September or October of
2009. As with option 1 above, this option continues the practice of posting
administrative and behavioral restriction in the LDC.
3. Remove the restriction from the LDC as part of an amendment for consideration during
the approved Special Cycle and create a special ordinance to deal with this issue or
amend an existing ordinance dealing with similar issues for codification into the Code of
Laws and Ordinances. Considering that the existing element in the LDC dealing with the
licensing and parking of such vehicles should not be part of the LDC in that it is not
related to regulating land development, this entire section should be extracted from the
LDC and incorporated into the Code of Laws and Ordinances. Removing this element
form the LDC would still require a future amendment to remove the section from the
LDC.
LEGAL CONSIDERATIONS:
If the Board elects to proceed with including this amendment in the Special Amendment Cycle
then pursuant to the authority of Section 10.02.09 of the LDC, the Board of County
Commissioners may, by at least a super - majority vote, direct that this proposed amendment be so
considered. Since this proposed amendment would not change zoning classification of land,
Section 10.03.05 of the LDC requires both the Planning Commission and the Board of County
Commissioners to hold at least one advertised public hearing on the proposed ordinance. The
Board may hear this proposed amendment at any regular or special meeting, provided due notice
is given. -HFAC
FISCAL IMPACT:
Staff time and associated advertising costs estimated to be approximately $2,500 for the
proposed amendments to the Land Development Code.
I,^
Agenda Item No. 10B
October 14, 2005
Page 4 of 5
GROWTH MANAGEMENT IMPACT:
Staff, as part of the LDC review and vetting process will assess the proposed amendment to the
LDC for consistency with the Collier County Growth Management Plan.
STAFF RECOMMENDATION:
Staff recommends option 3, specifically that the Board direct staff to develop an ordinance to
amend the restrictions related to the parking of boat on trailers and recreation vehicles to allow
for the parking of such vehicles for a period of up to 48 hours and incorporate the restrictions
into the Code of Laws and Ordinances and once reviewed and approved by the Board remove the
respective language from the LDC.
Prepared by Joseph K. Schmitt, CDES Administrator
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Agenda Item No. 1 oB
October 14, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10B
Item Summary: That the Board of County Commissioners (Board) provide staff guidance as to how to
proceed regarding the direction from the Board to amend the Land Development Code (LDC)
in order to address changes to the Land Development Code regarding the parking of boats
on trailers and recreational vehicles in a front yard for more than six (6) hours. (Joseph K.
Schmitt, Administrator, CDES)
Meeting Date: 10/14'2000 9:00:00 AM
Prepared By
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Community Development &
Date
Joseph K. Schmitt
Environmental Services Adminstrator
Community Development &
Community Development &
913012008 11:11:14 AM
Environmental Services
Environmental Services Admin.
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
9!30;2008 11 :16 AM
Environmental Services
Environmental Services Admin.
Approved By
Community Development &
Joseph K. Schmitt,
;Environmental nvi °amentai Sere :cis Adminstrator
Community Development &
Community Development &
903012008 12:34 PM
Environmental Services
Environmental Services Admin.
Approved By
Heidi F. Ashton
Assistant County Attorney
Late
County Attorney
County Attorney Office
i 01111200 11:25 AM
Approved By
OMB Coordinator
OM5 Coordinator
Date
County Manager's Office.
Office of Management & Budget
10/11200& 1:43 PM
Approved By
Mark Isackson
Budget Analyst
Date
Count! Manager's Office
Office of fd.anagement & Budget
10/112008 3:48 PM
Approved By
James V. Mudd
County Manag =er
Date
Board of County
County Manager's Office
1 o/6/2008 10:28 AM
Commissioners
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