Title
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TLDR-24-02, Revisions to Manasota and Sandpiper Key Zoning District Overlay
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Requested Motion/Action
Department Making Request
recommendation
Community Development
Approve an Ordinance of the Board of County Commissioners of Charlotte County, Florida, amending Charlotte County Code Chapter 3-9, by amending Section 3-9-50, Manasota Key Zoning District Overlay to 1) amend (a) Definitions by removing the definition of “building setback calculation,” “height,” “highest constructed element,” “maximum building height,” “maximum building height calculation,” “minimum finished floor elevation,” “NGVD,” “setback,” and “structure height,” which have been established in Section 3-9-2; 2) amend the maximum height to 38 feet under the MES, MSF-1, MSF-3.5, MSF-5 zoning designations, and amend the code where needed to reflect the proposed height; 3) amend the maximum height to 45 feet under the MCG and MCT zoning, and amend code where needed to reflect proposed height; 4) reduce the side yard setback for interior lots from 10 feet to 7.5 feet, and 10% of the lot width or five feet, whichever is greater for all non-conforming lots; 5) reduce the width of the side yards abutting any water for legally non-conforming lots to 10% of the lot width or five feet, whichever is greater; 6) reduce the width of Peripheral Landscape Strip from 10 feet to five feet; 7) amend the MPD requirements; 8) remove (7) Maximum building height under (i) Development standards; 9) update (12) Nonconforming lots under (i) Development standards to remove the variance requirement; 10) remove the administrative waiver requirement; 11) amend (14) Disaster recovery to ensure legal non-conforming structure and/or use can be rebuilt under (i) Development standards; 12) create new subsection (18) the requirement for non-conforming structures to be rebuilt under (i) Development standards; and 13) amend other subsections for consistency; Application number: TLDR-24-02; Applicant: Charlotte County Board of County Commissioners; providing an effective date. Located in Commission District III.
**Change, Added attachments - 1-BoardMemo, 2-PowerPoint, Updated 3-RevisionstoSection3-9-50, 4-Elevation Graphic, 11/22/2024**
**Change, Added attachment - Ordinance TLDR-24-02, 11/25/2024**
**Change, Added attachment - Economic Business Impact Estimate, 11/26/2024**
Quasi-Judicial
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Agenda Item Type
Public Hearing
Budgeted Action:
No action needed.
Background (Why is this Action Necessary, and What Action will be accomplished)
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Background:
The Manasota and Sandpiper Key Zoning District Overlay (previously known as Manasota Key Zoning District Overlay) was originally adopted by the Board of County Commissioners (Board) on February 15, 2005. Several amendments have been made since the original adoption.
The last significant changes to this Overlay Code were made in 2014-2015. The citizens of Manasota and Sandpiper Key, through the Manasota and Sandpiper Key Advisory Committee, submitted a revised Overlay Code in order to: 1) clarify the intent and requirements of the Overlay Code; 2) add back in provisions that were omitted in 2013 revisions; 3) add new provisions to address issues that had arisen during the implementation of the Overlay Code; and 4) make minor corrections and editorial changes. The Board adopted the revised Overlay Code through Ordinance Number 2015-016 on April 28, 2015. This Overlay Code was last amended in 2020 to add “artificial turf” as one of the types of landscaping materials which can be allowed within peripheral landscaping strips.
During the implementation of this Overlay Code and the impacts of recent hurricanes, legally non-conforming structures and uses may not be able to be rebuilt due to some specific development requirements and standards as established in the Overlay Code. Therefore, staff has concerns that the existing Overlay Code does not comply with the Property Rights element of the County’s Comprehensive Plan which was adopted by the Board in December 2021.
Staff is proposing the following changes in order to allow legally non-conforming structures and uses be rebuilt and allow the PD as a viable option for redevelopment of properties within this Overlay, as well as allowing for structures to be elevated for resiliency purposes. These revisions will provide for a healthy and sustainable future for the Manasota and Sandpiper Key:
• Amend the side yard setback for legally non-conforming lots.
• Remove the definitions and calculation of building/structure heights.
• Amend the requirements of disaster recovery.
• Create the new allowance for non-conforming structures to be elevated.
• Amend the PD requirements.
What Action will be accomplished?
If the Board approves this petition, the Overlay Code will be user friendly, comply with the Property Rights requirements as established in the County’s Comprehensive Plan, and will provide opportunities for redevelopment in the future.
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