| | | | | | | |  | ITEM 8.
County Attorney - Consent |
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| | | | | | | | | DATE: | June 6, 2023
| | DEPARTMENT: | County Attorney
| | REQUESTER: | Amanda Swindle
| | TITLE: | Direct to Public Hearing LDC Amendments for Building Height, Resiliency, South Seas |
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| | | | | | | | | I. | MOTION REQUESTED | | | Direct amendments to Chapters 33 and 34 of the Lee County Land Development Code (LDC) providing for a unilateral measurement of building height, and modifications to development regulations intended to increase resiliency and reduce vulnerability to flooding and storm surge to a public hearing on June 20, 2023. |
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| | | | | | | | | II. | ITEM SUMMARY | | | Direct to public hearing amendments to the Land Development Code intended to address building height and other development regulations to increase resiliency of development in flood and storm surge prone areas of Unincorporated Lee County to a public hearing on June 20, 2023. |
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | The County has been engaged in amendments to its Land Development Code since 2021, bringing the amendment topics forward separately for thorough vetting and consideration. In the wake of the destruction of Hurricane Ian, and subsequent changes to FEMA National Flood Insurance Program (NFIP) requirements, constituents are facing regulatory constraints when seeking to build back pre-disaster habitable volume of buildings. This is due in part to a static method of measurement in some community planning areas, which establish the starting point for measurement of building height at the average grade of the lot in question, or sea level, rather than from the minimum required finished floor elevation required by the National Flood Insurance Program and the Florida Building Code. In addition, the point to which building height is measured varies depending on planning communities, with the most restrictive regulations measuring building heights to the peak of the roof or highest point of a building or structure. As minimum base flood elevations for buildings rise, these static regulations prove increasingly restrictive.
Certain Community Plan Area height regulations aim to establish assurance of vertical uniformity by creating height standards that cannot be deviated from though zoning action. Conversely, some unincorporated islands, including Upper Captiva, San Carlos Island and Matlacha Island, currently regulate building or structure height in a manner that evolves proportionately with changes in design flood elevation. The varying methods of measuring building height are difficult to administer and prove problematic because they do not provide consistency or reasonable certainty to property owners or design professionals.
In January of 2023, the Board directed staff to review and prepare amendments to existing County regulations addressing height, setbacks, and other development limitations that are potentially restricting residents’ ability to rebuilding their homes and businesses in a manner that reduced potential flooding threats, including to provisions of the Land Development Code applicable to the development of South Seas Resort. Based on this direction, staff has drafted a set of proposed amendments that aim to simplify administration for staff, provide for clarity and consistency for property owners and design professionals, and reduce the need for periodic modifications to building height regulations that may result from periodic changes to the Florida Building Code and FEMA National Flood Insurance Program (NFIP) requirements. If adopted, the proposed amendments will:
• Reorganize the Land Development Code to consolidate height regulations within an existing Land Development Code subdivision dedicated to regulating height. This reorganization eliminates duplicative and sometimes conflicting language and centralizes height regulations for ease of administration and clarity to the public.
• Establish a consistent method of measuring building height in floodprone areas. The proposed amendments require building height to be measured at the lowest habitable floor elevation for which a building permit may be issued, and ending a certain point based on the style of roof or structure.
• Establish a consistent method of measuring building height for property that is not within a special flood hazard area in accordance with LDC Section 6-514, which commences at 12 inches above the crown of the adjacent road(s).
• Update the maximum height permitted within the future land use categories established by the Lee Plan.
• Establish a permitted setback encroachment standard of three feet for exterior stairways.
The draft regulations also include modifications and clarifications regarding:
• Parking requirements for buildings that are reconstructed in accordance with existing build-back provisions.
• Captiva Island and South Seas Resort.
• Application requirements for zoning actions to codify current Department practice.
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| | | | | | | | | | A) | Current year dollar amount of item:
| No funding required. | | | B) | Is this item approved in the current budget? | N/A | | | C) | Is this a revenue or expense item? | N/A | | | D) | Is this Discretionary or Mandatory? | N/A | | | E) | Will this item impact future budgets?
If yes, please include reasons in III(D) above.
| No | | | F) | Fund:
Program:
Project:
Account Strings: | | | G) | Fund Type? | N/A | | | H) | Comments:
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| | | | | | | | | VII. | FOLLOW UP | | | A concurrent amendment to the Lee County Comprehensive Plan (the Lee Plan) is required to assure consistency between the Lee Plan and the proposed LDC amendments. This Lee Plan amendment will be heard by the Local Planning Agency (LPA) on May 22, 2023, and will be scheduling for transmittal and adoption hearings before the BoCC this summer. The effective date of the proposed amendments, if approved, will align with the effective date of the required Lee Plan amendment. |
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| REVIEWERS: | | Department | Reviewer | Action | Date | | County Attorney | Wesch, Richard Wm. | Approved | 5/23/2023 - 4:24 PM | | Budget Services | Henkel, Anne | Approved | 5/25/2023 - 8:02 AM | | Budget Services | Winton, Peter | Approved | 5/25/2023 - 9:18 AM | | County Attorney | Swindle, Amanda | Approved | 5/25/2023 - 3:46 PM | | County Manager | Mora, Marc | Approved | 5/30/2023 - 3:35 PM |
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