Agenda 04/22/2014 Item # 10A 4/22/2014 10.A.
BrockMaryJo
From: HillerGeorgia
t.' "Dent: Wednesday, March 26,2014 8:14 AM
fo: OchsLeo; CasalanguidaNick; BosiMichael; KlalzkowJeff
Subject: Trailer SIP Program
To all:
I would like to bring the SIP vote back for reconsideration.
With thanks,
Commissioner Georgia Hiller
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4/22/2014 10.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: Request for Reconsideration of Item 16A15,moved to Item 11F,from the March
25,2014 BCC meeting titled: Recommendation to direct staff to bring back an expedited amendment to
Land Development Code(LDC), Section 2.03.07.G.6.b,adjusting the date for program participation
regarding Immokalee Nonconforming Mobile Home Parks to January 9,2020. (Commissioner Hiller)
Meeting Date: 4/22/2014
Prepared By
Name:MaryJoBrock
Title:Executive Secretary to County Manager,County Managers Office
Approved By
Name: ochs_l
Title: County Manager,County Managers Office
Date: 04/14/2014 01:40:59 PM
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EXECUTIVE SUMMARY
Recommendation to direct staff to bring back an expedited amendment to Land Development Code
(LDC), Section 2.03.07.G.6.b, adjusting the date for program participation regarding Immokalee
Nonconforming Mobile Home Parks to January 9,2020.
OBJECTIVE: To have the Board of County Commissioners (BCC) direct staff to initiate an
amendment to LDC section 2.03.07.G.6.b., to adjust the time frame for participation within the
Immokalee Nonconforming Mobile Home Park Overlay from January 9, 2003 to January 9,
2020.
CONSIDERATIONS: The purpose and intent of the Immokalee Nonconforming Mobile Home
Park Overlay was to recognize that there are nonconforming mobile home parks in the
Immokalee Urban Area and to provide a method to upgrade these parks while requiring the
elimination of substandard units. In addition, to allow park owners to take advantage of
alternative development standards in order to cause some upgrading of improved conditions that
would normally be required of conforming mobile home parks. The program has been closed to
participation with the passing of the January 9, 2003 date. It should be noted, that section
2.03.07.G.6, still allows nonconforming mobile park owners to participate through a,
"Compliance or Settlement Agreement entered into between Collier County and a property
owner acknowledging such a violation and also establishing the date by which such violation
• will be cured through the SIP submittal process."
At the February 11, 2014 Board of County Commissioners Public Hearing, direction was given
to staff to re-establish the nonconforming mobile home park program for property owners who
are seeking participation. The re-establishment of the program will allow park owners to gain
compliance by satisfying the requirements of the original program. For parks that cannot gain
compliance with the minimum standards of the section, compliance can still be sought through
the Site Plan with Deviation for Redevelopment process in combination with the Site
Improvement Plan standards provided in LDC section 10.02.0.5 F. The Site Plan with Deviations
for Redevelopment process will allow for the regulatory flexibility needed to address the unique
circumstances of each individual mobile home park in order to gain compliance. Additional
flexibility was discussed with the mobile park owners as part of the 2012 LDC amendment cycle,
but that effort was placed on hold as decisions on the Immokalee Master Plan was reached by the
BCC. The creation of the Site Plan with Deviation for Redevelopment process has added a
component that was unavailable during the 2012 discussion and is anticipated to increase the
regulatory flexibility necessary for the unique circumstances surrounding any one particular
mobile home park. If provided the direction, the Growth Management Division will reach out to
the mobile home park owners to resume the compliance discussion and provide an overview of
what is needed to satisfy the program requirements.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Immokalee Nonconforming
• Mobile Home Park Overlay has been found to be consistent with the Growth. Management Plan
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and the proposed LDC amendment to extend the date the program is open will not alter this (P'■
finding.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item.
LEGAL CONSIDERATIONS: This item is approved for form and legality.A majority vote is
needed for Board approval.-HFAC
STAFF RECOMMENDATION: That the BCC direct staff to initiate and expedite an
amendment to LDC section 2.03.07.G.6.b., to adjust the time frame for participation within the
Immokalee Nonconforming Mobile Home Park Overlay from January 9, 2003 to January 9,
2020.
Prepared by: Mike Bosi,AICP,Director, Department of Planning and Zoning Services
Attachments:"A"Draft LDC Amendment
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LDC Amendment Raft.
Note: This is a draft amendment which requires public vetting and recommendations from
the Development Services Advisory Committee and the Collier County Planning
Commission.
ORIGIN: Board Direction
AUTHOR: Mike Bosi, AICP,Director
DEPARTMENT: Planning and Zoning Department,Growthkanagement Division
AMENDMENT CYCLE: 2014 LDC Amendment Cycle .✓^
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LDC SECTION(S): 2.03.07 Overlay Zoning Districts
CHANGE: To extend the date by which prop F, y owners of nonconforming mobile home parks
within the Immokalee Urban Overlay District can submit a Site Improvement Plan in accordance
with LDC in order to become compliant. The program x ha .een closed to P artici ation since
January 9, 2003 date and it is proposed that it is extended until"January 9,2020 :.
Ap s
REASON: The proposed amendment follows`the Board of County Commissioners direction on
February 11, 2014 to re-establish the ImnaokaleeNonconforming Mobile Home Park Overlay
Subdistrict program for:park owners who eek to participate T oopening of the program will
provide mobile home park-owners the opportunity°to'gam compliance and to replace existing
mobile home units with new mobile home units ,;Because the mobile home parks are deemed
nonconforming, they have not been able to replace units unless they have an approved Site
Improvement Plan jaaw„
The reestablishment of";the program will allow for park owners to utilize the Site Improvement
Plan standards outlined'in LDC section 10.02.05'F to become compliant. For parks that cannot
gain compliance with these provisions,.compliance may be sought through the Site Plan with
Deviations for"Redevelopment=process The Site Plan with Deviations for Redevelopment is
designed to address site specific circumstances which require deviations through a public
process.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts for the County
associated with this item.
RELATED CODES OR REGULATIONS: LDC sections 10.02.03 F and 10.02.05 F.
GROWTH MANAGEMENT PLAN IMPACT: There are no fiscal impacts for the County
associated with the item.
OTHER NOTES/VERSION DATE:
Prepared by Caroline Cilek,March 2014.
• Amend the LDC as follows:
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2.03.07 Overlay Zoning Districts r•N
2 G. Immokalee Urban Overlay District.To create the Immokalee Urban Overlay District with
3 distinct subdistricts for the purpose of establishing development criteria suitable for the
4 unique land use needs of the Immokalee Community. The boundaries of the Immokalee
5 Urban Overlay District are delineated on the maps below.
6 * * * * * * * * * *
7 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of
8 special conditions for these properties which by virtue of actions preceding the
9 adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be
10 nonconforming as a result of inconsistenciesaWith the land development code,
11 and are located within the Immokalee Urban Boundary as depicted on the
12 Immokalee Area Master Plan. ..,
13 a. Purpose and intent. The purpose bfthese;provisions is to recognize that
14 there are nonconforming mobile home parks in the Immokalee Urban
15 Area, to provide incentiveslthipgrade these;parics while requiring the
16 elimination of substandard.units, and to allow pads owners to take
17 advantage of altemativeAe relopment standards n order to cause some
18 upgrading of conditions that would normally be required-of conforming
l tra
19 mobile home parks.Traveilers, regardless of the"'square footage, are
20 not permitted>as apermanent habitable structure.
21 b. Required siteirriprovement plan application. The property owners of all
22 nonconforming.mobile-#some developments/parks that were in
23 existence before November13, 1991 i e= hat predate Ordinance No 91-
24 102Ane land development cociel hall be mired to submit a site
25 improvement plan (SIP) meetingthe~standards set forth below by chary
ilk
26 . , 2003 January 9. 2020 orthereafterwithin the time frame set forth in an
27 order of the Code Enforcement Board finding a violation of this section, or
28 by thei date Set forth in a Compliance or Settlement Agreement entered
29 into between Coiiier;County and a property owner acknowledging such a
30 qc violation and also establishing;the date by which such violation will be
31 cured through the SIP submittal process set forth below.
32 c. The site improvement plan (SIP) master plan shall illustrate the way
33 existing,buildings,are laid out and the infrastructure (i.e. utilities, streets,
34 drainage landscaping, parking and the like)to serve those buildings.
35 The number and location of buildings shall be reviewed for consistency
36 with Code requirements (i.e. setbacks, space between buildings, density,
37 and the like). Similarly, the SIP shall serve to provide a basis for obtaining
38 approval of required infrastructure improvements such as those
39 referenced herein. The approved SIP showing all of the above shall
40 become the official record acknowledging the legal use of the property.
41 Failure to initiate this process within the time frames set forth above, will
42 result in a Code violation in which the property owner will be required to
43 immediately remove all mobile homes which have not received a
44 building permit and all mobile homes deemed to be unsafe and unfit for
45 human habitation, and otherwise contrary to the county's housing code
46 unless otherwise prohibited by state law.
47 d. For the specific requirements concerning the SIP submission referenced
48 in b. and c. above, see Section 10.02.05 F. of this Code.
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