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Backup Documents 12/19/2001 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING DECEMBER 19, 2001 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 19, 2001 5:05 P.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 December 19, 2001 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2.. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON-CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER #9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIHIT C ENTITLED FINAL SUBDIVISIONS PLAT REQUIRED CERTIFICATIONS 2 December 19, 2001 WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. Second Public hearing to be held January 9, 2002 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 3 December 19, 2001 Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS TO: Clerk to the Board: Please place the F~ll~wir~--,a.%~&l: Normal Legal Advertisement ~ ./ Other: Originating Dept/Div: Planning services Person: ~'~~ : (Sign clearl~ Petition NO. (If none, give brief description): LDC-2001-C¥cle II Petitioner: (Name & address): Collier County Planning Services, 2800 North Horseshoe Drive, Naples, Fla. Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) before: / XX / BCC / / BZA / / Other Hearing ~~.~.~ ..................... Newspaper(s) to be used: (Complete only if important / /, -- /XXXX/ Naples Daily News or legally required / /) / / Other Propos~ Text: (~clude legal des¢~ption & corm-non location & size: LDC-2001- ~y¢]¢II - $¢¢ aRached 7 day legalad Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes ~A No / / If yes, what account should be charged for advertising COSTS: Reviewed by: ~ Approved by: Division He ~ , · Da .County Manager .... Date List Attaci~ ~- ~(2) ' [-- 7~ ~- O I (3) ...... DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved~ be sure that any necessary legal review, or request for same~ is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; / / Requesting Division; / / Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Adv rtised Date Received ~ ///~/~//~/~ ~///~/ Date of P.H. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 December 19, 2001 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION The Board of County Commissioners of Collier County, Florida proposes to enact: AN ORDINANCEAMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUSFfY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON- CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS ~ RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING -1- PHONE (941) 403-2400 FAX (941) 643-6968 www. co.collienfl.us DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STA/qDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COI/NTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said ordinance. The unincorporated area of Collier County is show/~ on the map in this advertisement. A Public Hearing on this regulation will be held on WEDNESDAY, December 19, 2001, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. Final Adoption of the ordinance will be considered at a second public hearing on January 9, 2002. Ail interested parties are invited to appear and be heard. Copies of the Proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JOHN D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCC Ad 1 {7 day) -2- FAX TO: LOCATION: Pam Perrell Naples Daily News FAX NO: (941) 263-4703 COMMENTS: Please advertise as indicated LOCATION: COLLIER COUNTY COURTHOUSE FAX NO: PHONE NO: DATE SENT: TIME SENT: (941) 774-8408 # OF PAGES: November 30, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of BCC Public Hearing to be held December 19, 2001 - LDC-2001-Cycle II (7day) Dear Pam: Please advertise the above referenced notice and map on Tuesday, December '1'1, 2001. This advertisement should be no less than one- quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosures P.O./Account # 113-138312-649110 NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on Wednesday, December 19, 2001, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F", Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORA'£~ AREA OF CO?.?.IER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFIC~?.T.Y AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. ~f~L; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON- CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CE~'.'~a~ # 9 OVERLAY DISTRICT, AND THE ADOPTION ON I~FfERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKAV.W.E OVERLAY DISTRICT, SANTA BARRARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MI~ USE O~w.~LAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDUI~ES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHI~.W. ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQLrATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMI','~u TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTI~.~n ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AN~ SECTION EIGHT, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said ordinance. The unincorporated area of Collier CoL%nty is show~ on the map in this advertisement. A Public Hearing on this regulation will be held on WEDNESDAY, December 19, 2001, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. Final Adoption of the ordinance will be considered at a second public hearing bn January 9, 2002. Ail interested parties are invited to appear and be heard. Copies of the Proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JOHN D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk -2- 0 0 CZ Z 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the author/W, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, i~ Collier County, Florida; dasmbuted m Colher and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published m said newspaper 1 time(s ) in the issue on December 11, 2001. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. e of affiant) Sworn to and subscribed before me (Signature of notary public) .~.~,m~. D~, c~.~ #99511677 PUBLIC NOTICE PUBLIC NOTICE , PUBLIC NOTICE · NOTICE OF . CONSIDERATION/ADOPTION Notice Is hembygiven that o,n, .Wednesday, December 19, 2001, at 5:05 P.M. In the _Boa..rd.?o.m, 3~ FI. 0. or;.Bulldlng. F~ ,_Collier_County Govemmant Center, 3301 East Tarnlaml r Hralll I~l~j~le..s, ~-Ionaa, tne uoam or ~umy ~ommlsslonem will condlder the enactment of a .~.o. unty uminance~Pumuant..to Chapter 125.66(2)~. Flodda Statutes, the title of which Is as AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR : SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE I1, ZONING, DIV S ON 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON- CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATSD IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICTi :IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERClAEOVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2,6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISIOI~ 2;7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS DIVISION 3.5, EXCAVATION; DIVISION 3.8, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS,AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMI'n'ED USES CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier C~unty, Flodda, and as stated in said ordinance. The unlnco~rPomted ama of Collier County is shown on the map in this advertisement. A Public Hearing on this regulation will be held on WEDNESDAY, December 19, 2001,1 .a,t 5:05 P.M., in the Board of County Commlssionem Meeting Room, 3rd Floor Building F, Collier County Govemment Center, 3301 East Tamiaml Trail, Nap es, F odda. Final Adoption of the ordinance will be considered at a second public hearing on January 9, 2001. All interested parties are invited to appear and be heard Copies of the Proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples Florida, between the houm of 8:00 A.M. and 5:00 P.M. Monday through Friday. Any questions pertaining to this regulation should be d rected to the Current Planing Section. if a pemon decides to appeal any dec s on made by the Collier County Board of County Commissioners with respect to any maffe considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceed ngs· made, which record includes the testimony and evidence upon wh ch appeal Is ~o be based. BOARD OF COUNTY COMMISSIONERS _COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk Dec. 11, 2001 ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE(S): LDC 2:22 LDC SECTION: 2.2.3.3. CHANGE: To amend section 2.2.3.3. for the purpose of correcting a Scrivener's error REASON: 7.a. should read" the site area shall not exceed 20 acres in size, rather then "the site must be 20 acres." The change will correct scrivener's error and make the ordinance consistent with other sections of the LDC related to Excavation, which was the original intention. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.2.3.3.7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to thc following c~itcrion. a ................................ The site area shall not exceed 20 acres. SEC,, 2_o6. !1, z4-. Z, 10-~()~ P.O.w'. ~ ORIGIN: Community Development & Environmental Services Division AUTHOR: Marjorie Student, Assist. County Attorney DEPARTMENT: County Attorney LDC PAGE(S): LDC2:234 LDC SECTION: 2.7.2.4. & 2.7.2.8.1 CHANGE: To amend section 2.7.2.4 to provide for consideration of LDC amendments more than twice per year and section 2.7.2.8.1. REASON: This change is made necessary to make this section consistent with section 1.19 which provided for amendments to the LDC on more than two cycles per year. Re-adoption of section 2.7.2.8.1 is made necessary because the CCPC did not vote on these amendments at a duly advertised public hearing. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROVVTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.7.2.4 Planning commission hearing and report to the Board of County Commissioners. Time limits. Hearings by the planning commission on applications for rezoning of land shall bc may be held at least 24 times a year. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the planning commission shall hold its public hearings twice per calendar year. I,-, thc case of =,q cmcr.3cnc¥, Except amendments to these zoning regulations may be made more often than twice during the calendar year if the additional amendment cycle receives the approval of a super-majority vote of the Board of County Commissioners. Unless a longer time is mutually agreed upon by the planning commissioners, the planning commission shall file its recommendations for either type of amendment with the Board of County Commissioners within 45 days after the public hearing before the planning commission has been closed. Sec. 2.7.2.8.1 Dedication of public facilities and development of prescribed amenities. Public Facility Dedication. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for ~ one or more such public facilities, the market value of the land set aside for such public facilities *~-,,,,., .... ~,~,.,,,,~,, ......... ~,.,, ~.,,,,... may sh~ll be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no costs to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, ~t .......... ,.. ....... ~except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day aCCm~l~-ia~e time frame noted above may result in a recommendation to the board e~ for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to subsection 1.9.2. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. PLANNING COMMISSION RECOMMENDATION PAGE 16 SECTION 2.2.9.4.5. IMMOKALEE OVERLAY SUBDISTRICT Planning Commission recommendation was to allow for the removal of units on a sliding scale based on the number of units in the park, as follows: UNITS MONTHS 0-10 12 11-50 24 51-100 3O 100+ 36 The code as written requires all substandard mobile homes to be removed within 12 months. Dec. 19,200 To: All Commisioners & Staff Frqm_~Robert E. Davenport All~?geregistered with the State I have 4 H.R.S. permits. All are rental lots except for the managers office and one other that my secretary lives in while she finishes building her house. 103- PUD 4,000 Sq. Ft. minimum lots 18- Mobile Home Park Rental zoning 4,000 Sq. Ft.min. lots I l- VR Zoning lots separated out in 6,000 Sq. Ft. min. lots with sight Improvement plan for 5 lots and a concenptial sight plan for 6 lots. 13 Lots surveyed out by Metes & Bounds, 6,000 Sq. Ft. min. lot On Feb. 28, 2000 1 responded to letter dated Jan. 25,2000 which was a preliminary notice of violation sign by Michelle Arnold. See copy of confirmation of Feb. 2000 meeting with no response. I felt I was in compliance On Nov. 13, 2001 a inspection was made at 4700 Miraham Dr. showing owner being Teresa Sabino Gonsalez See inspection dated 11-13-01 case #2000010612, this unit was found to be structually unsound and should be replaced. It also states must get site improvement plan before replacement can take place. This property was divided by metes & bounds back in 1986 or1987. Back to the issue, I do not own this mobile home noted on inspection dated on 11-13-01, Code Enforcement did not go to the mobile home owner, it would serve Collier County well to get the mobile home owner to comply. All I can do is go through the process of eviction to correct the problem. I will have to summons code enforcement officer to testify. SUMMARY 1. Need more time as presented by Vince 2. Need language about ability to replace mobile home on rental lots 3. Language to address inspections on mobile homes that failed to comply with minimum housing codes where the mobile home owner and the land owner are not the same. As in my case where I only rent mobile home lots. 4. All 1 can do as a park owner is go through the eviction process if owner does not comply. At that point code enforcement would be summons to testify before the judge. As I cannot make the determination of an unsafe place to live. THANKS, WILKISON & ENGINEERS, SURVEYORS AND PLANNERS December 19, 2001 WA# 0021 / 0022 / 0162 James D. Carter, PND., Chairman Collier County Board of County Commissioners 3301 Tamiami Trail East W. Harmon Turner Building, Third Floor Naples, Florida 34112 Immokalee Housing Initiative Land Development Code Amendments Dear Chairman Carter: Wilkison & Associates, Inc. is submitting this letter on behalf of several clients who own mobile home parks in Immokalee and will be impacted by the rules and regulations being considered by the Board of County Commissioners (BCe) during your public hearing on December 19. Specifically, we represent: Pete's Trailer Park, Inc., owners of Pete's No. 1 and Pete's No. 2; · Ms. Shirley Brown, owner of Chaney's Mobile Home Park; · Ms. Margaret Crews, owner of Tara Mobile Home. Park; · Mr. Robert Davenport, owner of four mobile home parks; and · Mrs. Betty Carter. First, the original intent of the program was to establish a system whereby Site Improvement Plans (SIP) would be approved prior to any code enforcement activity. We are acutely aware that the intent of the County is to make this program incentive based and that some property owners will choose not to participate. In these instances the County has no choice but to file Notices of Violation (NOV). For those property owners who voluntarily comply with the provisions of the Code pertaining submittal of an SIP, we are troubled by the language contained in Section 2.2.19.4 (5). This paragraph contains language that would make it mandatory for the County to identify all mobile homes that do meet the minimum housing code prior to the submittal of an SIP. While this is laudable, we are concerned that code enforcement actions will be initiated before the SIP is even approved. We believe this is inappropriate. We reCommend that the property owners be given ample time to comply with the provisions of the SIP submittal prior to any official code enforcement action. If the County intends to create an inventory only, but not initiate a code enforcement case until a later date, my 3506 EXCHANGE AVE., NAPLES, FL 34104 941-643-2404 941-643-6752 FAX 941-643-5173 DAVID S. WILKISON, P.E. DAVID J. HYATT, P.S.M. HORACE A. WILKISON, P.L,S. (RET.) Recycled Par)er I~ clients would view this as acceptable. They are seeking assurances that the process will be sequential, not overlapping. We do believe, however, that park owners and/or property owners be allowed to apply for building permits to replace mobile homes while an SIP is being reviewed by County StafE. Our clients expressed concern at previous meetings regarding those situations where they do not own some mobile homes in their parks, but own the land where the home is located. We wish to learn at the public hearing what legal ramifications both parties may face and what incentives will the County offer (if any) to the owners of units that do not own the land where the home is located. My clients wish to learn from the County Attorney what legal right the County has to enter these units without the owners' permission. We are concerned about park owners who have received NOV's from the Immokalee Housing staff that have not yet received a formal SIP approval. Since these proposed rules and regulations have not been adopted yet, we are concerned that code enforcement action will precede SIP approvals (as described above). We appreciate the Planning Commission recommending a credit for the landscaping that is already present on site; however, we believe the criteria outlined in Section 2.2.29.5 (2) is onerous and should be eliminated. We do not believe that the inclusion of landscaping provisions further the goal of additional affordable housing units. Additionally, my clients have been in contact with the Fire Marshal of the Immokalee Fire District and wish to explore alternative language for Section 2.2.29.5 (3). Our concern is that the property owners of the mobile home parks pay no more than their fair share of water line upgrades if required. Finally, although the Planning Commission made significant changes to the Implementation Time Frame {Section 2.2.29.5 (6)}, we believe some further refinement is necessary for the realistic implementation of this program. We propose the following for implementation of SIP's, once approved: Number of Units Length of Time 10 or less 18 months 11 - 25 30 months 26 - 50 42 months 51 4- 54 months We appreciate the opportunity to offer comments and look forward to a continued dialogue. $C0021 LDC Amendment Suggestions Wilkison & Associates, Inc. Page 2 of 3 December 19, 2001 If you have any questions or if we may be of further assistance, please do not hesitate to contact us. Vincent A. Cautero, AICP Vice Presidem of Planning VAC/sg CC: Ms. Carrie Williams, Williams Farms of Immokalee, Inc., 1300 North 15th Street, Immokalee, Florida 34142 Ms. Para Brown, Goodhind's Delight, P.O. Box 5177, Immokalee, Florida 34143 Ms. Margaret Crews, Tara Mobile Home Park Mr. Robert Davenport Ms. Betty Carter ~C0021 LDC Amendment Suggestions Wilkison & Associates, Inc, Page 3 of 3 December 19, 2001 Mobile Home,/Structure Inspection Report Date 9/21/01 Address 33I N. 15m Street Owner Brown Size 46 X 10 Square Footage 460 Unit # 19 Structural I. This mobile home does not meet thc rmmmum 480 square feet rexlUixed for a mobile home park and must be removed. 2. Install proper landings and stairs with handrails at all exterior doors. (Ordnance 98-80 & Standard Building Code, section 1007 & 1012.1.3). 3. Repair or replace windows and screens as needed (Ordnance 89436, Section 5 # 12~i & 15/C2 State rules). Plumbing 1. Provide proper water supply with bacldlow protection and shut off valves. (Ordnance 95-19, Standard Plumbing Code Appendix C, section, C 108.3). Conclusion When thc existing mobile home is removed a new mobile home may be able to be installed after an approved Site Improvement Plan and proper building permits are obtained. This mobile home structurally seems sound. There are no laundry facilities at this park. As per C. 110.1 Standard Plumbing Code these must be provided when not provided within each mobile home, Note! There may be structural, plumbing & electrical problems or deficiency that were not readily apparent at time of inspection that must be fixed also. Richard Noonan Building Inspector Owner Brown Square Footage 328 Unit # 21 Mobile Home/Structure Inspection Report Date 9/21/01 Address 331 N. 15* Street Size 8 X 41 Structural 1. Install proper landings and stairs with handrails at all exterior doors. (Ordnance 98-80 & Standard Building Code, section 1007 & 1012.1.3). 2. This mobile home does not meet the minimum 480 square feet required for a mobile home park and must be removed. Conclusion When the existing mobile home is removed a new mobile home may be able to be installed after an approved Site Improvement Plan and proper building permits are obtained. This mobile home structurally seems sound. There are no laundry facilities at this park. As per C. 110.1 Standard Plumbing Code these must be provided when not provided within each mobile home. Note! There may be structural, plumbing & electrical problems or deficiency that were not readily apparent at time of inspection that must be fixed also. Richard Noonan Building Inspector S~4~'tl ~¢~u~ ~ttu~ion Laws of Fior~l~ O~aer Div. 6.3 COLLIER COUNTY LAND DEVELOPMENT CODE b. A central city with a least 25,000 imhabitants provided: . c. That the citers population taken together with that of contiguous places totals at least 50,000 inhabitants and constitutes, for general economic and social purposes, a single community;, and d. That the county or counties in which these places are located have at least 75,000 ioh~bitants. (See section 2.7.7.) Midstory (vegetation): All woody plants with a tr~,nk or stem dbh between one inch and four inches and a height greater than three feet and is usually a subcanopy. Minimum descent altitude (MDA): The lowest above mean sea level (AMSL) altitude to which descent is authorized on final approach or during ci~ling-to-Iand maneuvering irt execution of a standard instrument approach procedure (SLAP) where electronic glide slope is not provided. Minimum obstruction clearance altitude (MCCA): The lowest published altitude between radio fixes on federal variable onmidirectional range (VOR) airways, off-airways routes, or route segments that meets obstruction clearance requirements for the entire route segment and assures acceptable navigational signal coverage only within 22 miles of a VOR. Minimum vectoring altitude (M~A): The lowest above mean sea level (AMSL) altitude at which aircraft operating on instrument ~ght rules (IFR) will be vectored by a radar controller, except when otherwise authorized for radar approaches, departukes or missed approaches. Mining means the extraction of earth products for sale or transport off-site including the removal of associated material such as overburden. Minor site development plan review: A plan submission involving a one-step review process. (See division 3.3.) Mixed use: A development made up of a combination.of uses usually found in separate districts. Examples of mixed uses may include: two or more types of residential dwelling units; or combinations or [of] residential, commercial, industrial or institutional land uses. All uses must be in conformance with the future land use element of the growth management plan. Mobile home: A detached dwelli-.~ unit with. all of the following characteristics: (a) designed for long-term occupancy and con~-ing sleeping accommod~tiort~, a flttsh toilet, a tub or showerbath, and kitchen facilities, with plumbing and electrical connect-ions provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highways on its own wheels; and (c) arriving at the site where it is to be occupied as a dweUing complete, incluSi-g major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a mobile home. The structure shall be transportable in one or more sections and is certified to be in conformity with the Mobile Home Safety and Construction Standards of the United States Department of Housing and Urban Development, or its successor agency, and the standards of F.S. § 320.823, as amended. Mobile homes are built on an integrated chassis and designed to be used as a dwelling unit when connected to county utilities. A mobile home includes the plumbing, heating, air conditioning and electrical systems contained therein. Supp. No. 5 LDC6:40 w~,w.h~dclilm.Orl ~he ~rsYsling mode, including c&bine~s al%d o~he~ pro~ec~ions which co~,&~n interior e~ace. Length d~e not inclu~¥ wind,we, organization concerned with pr~uc= eval~lon ~ha= ~ln=ains periodic specifie~ ~anu~ac=urer means ~Y ps=son ~gage~ An ~u~ac~uring manufactured ho~s, including ~M 9erson e~a~ in manu~a=~ured ~s ~o= resale. ~anufac~ed ho~ me~ a s~c~e, ~s~r~le in ~ o= sec=ions, ~hich in ~he =raveling ~e, L~.ei~~ f~ ~re w~d~h o= ~ozty ~ ~ o~ ~re la %~j'or, ~ e~ect~ on ~~c chassis ~ designed ~o ~ ~ed ae a dwe111~ with or wi=hour a ~:~nen~ [ounda=~on when co~ec=~ =o ~he r~ u~l~e~, includes t~e pl~i~, hea~ing, air-cond~ci~n~n~, ~d eleccrica1 contained there~n. Calculations us~ =o dete~ne ~he n~r [eet in a ,=rub=ute will ~ ba~ed on ~he ~=~c=~e's exterior ~ea~ured *= the lar~e~ horn:on,al p~ec=io~ ~.en erec~ on s~=e. These dimensions will ~nclu~ all ~~le ro~, cabinets, and o~her pro~ec=~ons c~ta~n~n~ ln=erioz space, ~= dc no~ include ~ windows. Thl~ =e~ i~cludes all scruc=ures ~ich ~= ~he ~e except the lite re~ir~tl ~d with relpct to which the ~nu~accurer voluntarll~ files a cer~ificatio& p~su~t tO Sec. ~2B2.1~ ~d co. lisa should ~ interpre=ed ~o me~ thet a ~u~ac~ure~ necllsart, ly~ts the re~ire~nts oE ~'e ~ini~ Pr~er~y S~~ (~ ~an~ook 4900.1) or ~ha= it is au=~ticallY eligible ~or ~,cing ~der ~anu[ac~ ho~ const~c~ion ~ans all ac~ivitie~ rela=im~ to the as~e~lF a~ ~nu~ac=ure o~ a ~u[ac~ured ~ inclu~n~. ~ not limited to. those rela~ing ~o durabili~y, ~ali~y ~d ~nuZac:ured ho~ aa~e~2 ~s ~he ~zfo~ce of a ~ufac~ure~ ho~ in much a ~er ~ ~he ~%ic is pro~ec:~ a~a: any unreasonable risk o~ the occurr~ce of accid~s ~e ~o ~he desl~ or construction of such ~nuZac=u=~ ~, or ~y ~so~ble risk death or inju~ =o the user or =o ~e p~lic ~ ~ch accidents ~ occur. aegxs~er~ ~gineer or ~=~ec~ ~e a ~=son licensed ~o practice engineering or architecture in a s~a~e ~d m~ect ~o al~ la~ ~d se~ice or ores%ire wo~k r~ring e~aci~ion, crain~ng a~ e~erience engineering sciences ~ ~ho a~licatim of I~La% ~l~ge o~ ~he ~%he~ical, physical and o~gin~r~ng 8ci~ces In such Profellfonml or cr=a=iv~ ~rk *~ ~on~ul~azfon. [nve~ti~a~io~, eval~ion, pla~in~ or co~iance w~h m~Afica~i~s ~ ~esi~ [o~ ~ such Secre~a~ ~s ~ Secre~ of Housi~ ~d Ur~n ~elo~n~. or .... . .... ,...,.....,..,,~;,-,i;,,,~.~ ~.,,i?d=CF97&s l=(3280.$)[~olAop! =AN... 8/16/200 Dec. 19, 2001 To: All Commissioners & Staff From Robert E. Davenport Code Violation case # 2000010612 Background of Development Zoning is VR 1. Lot was surveyed out with a minimum of 6,000 Sq. Ft. early 1996 & 1997 in metes & bounds 2. All lots are rental lots I do not own any mobile homes. 3. All mobile homes were permitted by the person that rented the lots. 4. All lots have water, sewer, electric,street address & two parking spaces in each lot. 5. Was put in according to code or what was acceptable by staffat time. 6. These are the permit numbers that I found, we will be looking for the remaider. Permit # date name permit pulled under street address 1-87-314 6-2-1987 Marie G. Maldonado 925 Poole Lane 1-87-121 3-11-1987 Luciano Urbina & Aleida Gonsalez 921 Poole Lane 1-87-056 2-6-1987 Arnold J. Hall 9130 Poole Lane 1-87-324 5-1-1987 Rolando & Sanjuana Erebia 927 Poole Lane 1-87-503 6-4-1987 Rolando Peralez 926 Poole Lane 1-87-261 2-4-1987 Margarita Navejar 924 Poole Lane 7. Inspection on 11-13-01 Owner Teresa Gonsalez Sabino found to structually unsound. 8. Inspector did not go to mobile home owner for correction. I feel like they should have gone there before coming to land owner. 9. Note that the inspection & connection order call for Redevelopment of all lots. 10.Keep in mind that all lots were separated in to 6,000 Sq. Ft. minimum by metes & bounds 11. Please note that in 1998 we obtained a permit for replacement - ( see attached ) 12. Look at Fl, Statutes 723-083 - ( see attached ) 13. Copy of confirmation of meeting on Feb. 28, 2000 with Michelle Arnold. 14. Copy of inspection dated ! 1-13-01 . 15. Copy of case # 2000010612. 16. Copy of receipt dated 3-11-1987 17. Copy fi.om addressing faxed to me on 3-3-1999 18. Copy of lists of first tenants to rent lots, from 1986 thru 1992 19. Copy of bill of sale I feel like I was in compliance with the lmmokalee Housing Initiative Project. Summary: If the objective for the Immokalee Housing Initiative Project was to eliminate substandard housing then let's do that. I should not be required to redevelop because of one unit that I donot own is found to not meet ord( s ) 89-06sec 5 minimum housing. Authorization Letter ? 199~>'' To whom it may concern: I Robert E. Davenport, President of Davenport Mobile Home Park, Authorize to place a mobile home on my property located at lot # ~¢,,4. ,&d' ~-),o ,,> ,~ Immokalee, Flofid~: . ~~/~· 'Robert E. DavenPOrt / Presid'en-t ' STATE OF FLORIDA COUNTY OF COLLIER ,_~wom to and subscribed before me on thisQ day of_~f~!'.~.~;. o¢ c--k ~ _ ~ ~.~c,c'~.~ ~o.r ~v. did execute foregoing instrument. Notary Public ( SEAL ) .. .~,,.~,~.~,~ LAURA P, MARTINEZ ~.~ ..o... Notary Public, State ol Florida - ~'~;" Comm. No. CCS08932 4,' % Sunshine View Statutes ~1~ Ydlor; ~ Search Statutes Constitution Laws of Florida Orc~er e 2001 Florida Statutes Real And Personal Property Nobile Home Park lot Tenancies 723,083 Governmental ectlon effictlng removal of mobile home owners.--No agency of muntdpal, local, county, or state government shall approve any application for re_zoning, or take any other official action, wl~lch would re. suE In the removal or relocation of mobile home owners residing in a mobile home park without first determining that adequate mobile home parks or other sultaOle facilities exist for the relocation of the mobile home owners. Hi~tory,-.s. 1, ch. 84-80. _Welcorqe · ~Jon · ~-~]]]3]Jtta~ · Leaislators · lll~la~ltgiaO..CdLnjLe£ . Statutes and Co~stitutiQ~] · Disclaimer: Ths informatlo~ o~ tht$ syria il unverified. 111e ~umals or printed bills of the respective chamber~ should be ¢onsulte~l for offiCial Duqam,~. Cepyrfght ~ 2000.200! S~ate of Florida. ~, Prtvac'v Statamm~ 'dE Feb. 28,00 Davenport Mobile Home Park Inc. Robert E. Davenport 9064 The Lane Naples, Fl. 34109 Collier County (;ode Enforcement Michelle Arnold iDirector 2800 N. Horseshoe Drive Naples, Fl. 34104 Dear: Michelle Arnold, 53- i~- (Etldorsernant ~equlred) Restricted Dehvew -ce (E dorsement Required i S~et, Apt. No.; ' ~ ~ CtK State, Z ~4~ On Feb. 24,00 at 3:00 PM, I met with you and Alamar Smiley about Certified letter, preli~ninmy notice of violation. Property I.D. # 00056-52-0000 This property was developed back in 85-86 under the VR Zoning with 6,000 square Ft. it was survey out to meet the 6,000 square Ft. We have on this property 13 mobile home rental lots and 1 house. At the time of meeting I gave a copy of survey and I.D.# It was lny understanding that this property was O.K. Please find enclosed a copy ofH. R.S. permit # i 15400176. and copy of letter dated Jan. 27,00 If you do not agree, please let me hear from you. You may reach me at tlie above address or by phone at 941-657-4800 or fax Ct 941-65%1210. Thank You, Robert E. Davenport / Presid Complete items 1, 2;'and 3. Also complete item 4 if Restricted Delivery is desired. Print your oame and address on the reverse so that we Can retur;fi the card to you. Attach this card [o the back of the mailpiece, or on the front if space permits. 2. Article Number (Copy trom service label) PS Frwm .qR1 1 h ,I,, ~ nnn A. Received by (Please Print Clearly) B. Date of D~ C. Sign a t~~,,~ ,, D. Is delive~ address different from item ~ ? ~ Yes If YES, enter delivery address below: ~ No 3. Service Type [] Certified Mail [] Express Mail BI Registered [] Return Receipt for Merchc- F'I Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Ye . ce'", ...... -, , · c.,..., 4-60555 COLLIER COUNTY GOVERNMENT COMMUN]TY I)i]VE'I,OI>MI~]NT AN[) LNVIRONMI~_,N I. AL St£RVICES DIVISION January 25, 2000 2~;00 NOI~T H I I O [{.SIqSIIOE D I~IVE NA[)[,Fq FLOR1DA34104 ROBERT DAVENPORT ! 109 MARJORIE ST. IMMOKALEE, FL 34142 Subject: Prc!iminmy Notice of Violation Dear Property Owner or Representative: The Collier County Community Development and Environmental Services Division recently conducted an inventory of the hnmokalee area in an effort to identify mobile home parks which may be in violation of the County's Land Development Code. Property(les) owned or operated by you has been identified as being in violation of one or more of the following: Mobile homes on property lack required permits; The number of homes exceeds the maximum allowable number; Locations of homes are non-compliant with set back requirements. If you disagree with our determination that your property is in non-compliapce, please send your written reply to me as soon as possible. Yonr correspondence must include appropriate documentation verifying why you believe your property is in compliance. If you concur with our determination of nonCompliance you are required to complclc and file a Site hnprovemcnt Phm with the Cotmty on or before July 31, 2000. As property owner, it is your responsibility to ensure that ali applicable permits and improvements are obtained as stipulated iu the approved Site Improvement Plan. For additional instructions and assistance in completing and filing your Site Development Plan you may contact me, Ross Gochenaur with Planning Services, or Debra Preston with Growth Management at (941) 403-2400. Owners with densities (more mobile homes on the property) in excess of what is legally permitted may be allowed to maintain some units above that permitted by the curre~;~t regulations if a Site hnprovement Plan is filed within the time specified above. Please be ailvised that failure to contact us or submit the required plans by July 31, 2000 may result in ~rosecution before the Code Enforcement Board and ultimately a reduction of units. Building Review &, I)ermil;ting (941) 403-2400 Na~tn'~l Code l,;n fbrt. e me n t (941 ) 401¢2440 I ~Ian n ing SeJ'vices (941 ) 403-2300 ltoLming & Ih'ban ln~p~'ovonmnl. (941) 40:1-2;130 ]~olhll.ion (., ml, rol~ (941) 732-2502 Page 2 !January 25, 2000 Collier County has established a Program which provides financial assistance up to two-thirds the cost for the professional preparation of a Site Improvement Plan. Enclosed is ail information sheet detailing thc Assistance Program available only to hnmokalce mobile home park owners and/or operators. ~ Tile proactive effort will only be successful with your cooperation. I encourage !you to contact Ross Gochenaur, Debra Preston, or me at your earliest convenience. We can be reached by calling (941) 403-2400 or ~vriting: 2800 North Horseshoe Drive. Naples, Florida 34101. ~' Sincerely, Michelle Arnold, Director Code Enforcement Enclosure(1) WWS DEPARTMENT OF HEAUI'It 2. .L ,'3 ~ ~ [ OPERATING pERMIT Mobile HomeiRV ParkProgram-Mobile Home Park Issued To: Davenport Mobile Home Park Inc 4700 Uiraham Dr Immokalee, FL34142 Permit Number: 11-54-00176 County: Collier Issue Date: 08/12/99 Mailed To: Robert Davenport Amount Paid: $ 50.00 For: Davenport Mobile Home Park Inc Date Paid: 8/12/99 9064 The Lane Issued by: Nap?s, FL 34109 Permit Expires On: September 30, 2000 Environmental Health & Engineering 2800 N. Horseshoe Odve, Naples, FL 34104 (941) 403-2499 Allen R. Ruth DIRECTOR OF ENVIRONMENTAL HEALTH & ENGINEERIN Mobile Home/Structure Inspection Report Date 11/13/01 Address 4700 Miraham Dr. Owner Teresa Gonzales Sabino Size 12 X 45 Square Footage 540 Unit # 6 A Structural 1. Tie down mobile home as per 15/C1 State rules. 2. Repair all rotted wood around doors, windows and other locations. (Ordnance 89- 06, Section 5 #12/b & q). 3. Repair floor as per (Ordnance 89-06, Section 5 #12/o & 15/C2 State rules). 4. Fix all roof leaks. (Ordnance 89-06, Section 5 #12/c). 5. Install proper landings and stairs with handrails at all exterior doors. (Ordnance 98-80 & Standard Building Code, section 1007 & 1012.1.3). 6. Repair or replace doors. (Ordnance 89-06, Section 5 #12/i & 15/C2 State rules. 7. Repair siding as needed, much of this is rotted. (Ordnance 89-06, Section 5 #12/b & 15/C2 State rules). ~ 8. Repair or replace windows and screens as needed (Ordnance 89-06, Section 5 #12/I & 15/C2 State rules). Plumbing 1. Install proper fittings on drain lines. (Ordnance 95-19, Standard Plumbing Code, section # 307.1). 2. Provide proper water supply with backflow protection and shut off valves. (Ordnance 95-19, Standard Plumbing Code Appendix C, section, C108.3). 3. Repair all leaks in the plumbing system both on the drains and water supply (Ordnance 95-19, Standard Plumbing Code, section # 301.4). 4. Repair all plumbing fixtures as per. (Ordnance 95-19, Standard Plumbing Code, section # 301.4) i.e. (kitchen sink, tub and shower valve & washing machine hook up) 5. Install water heater as per chapter 5 Standard Plumbing Code. 6. Repair walls in tub area to be watertight (Ordnance 95-19, Standard Plumbing Code, section # 405). 7. Install lavatory in bathroom as per (Ordnance 95-19, Standard Plumbing Code, table 407) Electrical 1. Install required fixtures and receptacles ie. [Front door light] there may be others. (OrdnanCe 98-77, National Electrical Code, section 210-70 a). 2. Install switch and receptacles covers where needed. (Ordnance 98-77 & National Electrical Code, section 380-9 & 410-56D). 3. Repair or replace electrical appliance, fixtures, receptacles and switches that are not in proper working order. (Ordnance 89-06, Section 5 #11). 4. Install as needed panel and knockout covers. (Ordnance 98-77, National Electrical Code, section 370-18 & 373-4). 5. Remove all unused wiring or terminate properly as per (Ordnance 98-77, National Electrical Code) Conclusion Mobile home has been altered without regard to 15/C2 State rules. I do not believe that it can be repaired back to what is required by 15/C2 State rules. This mobile home seems structurally unsound and should be replaced. Mobile home does not qualify a dwelling due to the fact there is no lavatory in bathroom. If mobile home is not replaced items listed above must be repaired as soon as possible. Before any repairs of the items listed above are started, a permit issued by Collier County Building Department must be obtained. If the existing mobile home is removed a new mobile home may be able to be installed after an approved Site Improvement Plan and proper building permits are obtained. Note This report is made on the basis of what was visible and accessible at time of inspection and is not an opinion covering areas such as but not necessarily limited to those that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings furniture, equipment, stored articles, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. Richard Noonan Building Inspector COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO Robert E. & Lynette Davenport 9064 The Lane Naples, Fl 34109 LOCATION OF VIOLATION (LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST: VR SEC.36 TWN. 46, RNG.28, SUBD. BLK.# 037 LOT#..002, PARCEL OF COLLIER, COUNTY RECORD PROPERTY ID# 00056520000 PUD# , TRACT# , UNIT# , SDP#, O R , PAGE OR 1173 PAGE 1009 A.K.A. (ADDRESS) 4610 Mirahan Drive IMMOKALEE - UNICORPORATED COLLIER COUNTY NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD g92-80 and 97-35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULATION(S) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S) 91.02 SEC 2.2.9 Village residential district) ORD(S) 99-76 SEC 5C & SEC11 Addressing ORD(S) 89-06 SEC 5 (MINIMUM HOUSING) DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). DID WITNESS ON FOLLOWING DATE: 11-13-2001 MOBILE HOME PARK ILLEGALLY SITUATED ON VILLAGE RESIDENTIAL (VR) WITH AN INCORRECT ADDRESS AND MOBILE HOMES THAT DO NOT MEET MINIMUM HOUSING STANDARDS. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: M.G. BAYLISS 106 South Isa` Street Immokalee, FI.34142 (941)657-2525 FAX: (941)~57-5792 Investigator's Signature /' a' - -' ~ VIOLATION STATUS: INITIAL __RECURRING mREPEAT ORDER TO CORRECT VIOLATION(S): YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION(S) 1. OBTAIN A SITE IMPROVEMENT PLAN AS PART OF THE IMMOKALEE HOUSING INITIATIVE PROJECT, OR REZONE POPERTY AND REPAIR, REMOVE OR REPLACE SUBSTANDARD UNITS (MUST OBTAIN REQUIRED PERMITS) AND CORRECT ADDRESS VIOLATIONS ACCORDING TO COLLIER COUNTY ORDINANCE 99-76. ON OR BEFORE 12-26-2001 PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in, 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500.00 per day for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: POSTED PERSONAL SERVICE __ CERT MAIL CERT. MAIL RECEIPT # I ,HEREBY acknowledge I have received, read, and understand this notice of violation. Signature and Title of Recipient Print DATED THIS DAY OF ,2001 REF: CASE NO 2000010612 RD OF COUN'~Y ~OMMISSIONERS ,.. ~' (~OI..J~IER COUNTY "NA~,oFLORIDA 3~962 DESCRIPTION 19~j CHECK NO. C~ ,ND SURVEYOR~ arming NAPLES, FLORIDA 33939 262-6959 January 26, t987 ,he Southeast ~ of Section 36, Collier County, Florida. INVOICE NO. LINE NO. REV/ FUND AGENCY ORGAN. OBJ BlS BANK CA OK AMOUNT )uthwest % of the Northeast % 46 South, Range 28 East, Collier ~est 22.84 feet; thence South 01° of Miriham Drive; thence North 89° ;hence North 0O 43' 29" West 297.92 ;o the North line of the Southwest ice South 89° 00' 40" West 313.73 ling. 124.00 feet of the South 120.00 :el. The East 24.0 feet reserved ~nt. Horace A. Wilkison, PLS Fla. Cert. No. 1677 0-3/05/99 15:25 FAX $40~265 COLLIER COUNTY 100,5 12. 9'.02 14 CARD FILE FOR MIRIHAM DRIVE & POOLE LANE LOT # ADDRESS DATE MOVED IN NAME lA 2A 3A 4A 5A 6A 7A 8A 9A 10A llA 12A 13A 919 Miriham Dr. 921 Miraham Dr. 925 Miraham Dr. 927 Miraham Dr. 929 Miraham Dr. 4700 Miraham Dr. 921 Poole Lane 925 Poole Lane 927 Poole Lane 929 Poole Lane 930 Poole Lane 926 Poole Lane 924 Poole Lane March 1989 Feb. 1990 Jan. 1987 April 1992 Jan. 1987 May 1986.. March 1987 Jan. 1989 July 1988 Feb. 1989 Jan. 1987 Aug. 1989 Feb. 1989 Sarah & Elias Ramirez Victor & Senaida Laguna Clifford & Irene Pray Eugenio & Margarita Cisneros Rafael & Eliza Contreras Soyla Ramirez Aleida Garcia Ruby Chavez David & Estella Ybarra Daniel Guerra Arnold & Cynthia Hall Armando & Rosalba Gonsalez Mae Kelly Hemandez "BILL OF $~tLE ,,.. To IVitom It Ma Concern: With this letter I want explain that I am selling the trailer color ~-____ local address ~-el ~,e)nq :De. Lo~- :~ ~ _ A For the total amount of $3,000.00; in Which the buyer give me $2,000.00 down and he has six months from today to cover the $I,000.00 left. Sincerely yours, Seller. ID/'~sP-q-~°q-6$-~ct~-"o ID/'r~5~5/-]- ~o- ~'~_ $~-0 before ' me today August I~ 200~, ~'~' ~ '' At C :'"" '=~"':%'- "~'''',' '