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Agenda 05/13/2014 Item # 11E 5/13/2014 11 .E. 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 10.02.05 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 Packet Page-203- 5/13/2014 11.E. and the proposed LDC amendment to extend the date the program is open will not alter this 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 Packet Page -204- 5/13/2014 11 .E. COLLIER COUNTY Board of County Commissioners Item Number: 11.D Item 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. This item was approved for reconsideration at the April 22, 2014 BCC Meeting, Item 10A. (Nick Casalanguida, Growth Management Administrator) Meeting Date: 5/13/2014 Prepared By Name: MaryJoBrock Title: Executive Secretary to County Manager, County Managers Office Approved By Name: marcellajeanne Title: Executive Secretary, Transportation Planning Date: 04/24/2014 11:04:57 AM Name: klatzkowjeff Title: County Attorney, Date: 04/24/2014 01:18:35 PM Name: bosimichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 04/25/2014 03:33:53 PM Name: markisackson Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 04/30/2014 04:12:24 PM Name: ochs_l Title: County Manager, County Managers Office Date: 05/02/2014 09:55:53 AM Packet Page-205- 5/13/2014 11 .E. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request Note: "This is a draft amendment which requires public vetting and recommendations from the Ueveiopment Services Advisory Committee and the Collier County Planning Commission. ORIGIN: Board Direction AUTHOR: Mike Bosi, AICP, Director DEPARTMENT: Planning and Zoning Department, Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: To extend the date by which property 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 has been closed to participation since January 9, 2003 date and it is proposed that it is extended until January 9, 2020. REASON: The proposed amendment follows the Board of County Commissioners direction on February 11, 2014 to re-establish the Immokalee Nonconforming Mobile Home Park Overlay Subdistrict program for park owners who seek to participate. The opening of the program will provide mobile home park owners the opportunity to gain 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. The re-establishment 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: 1 Packet Page -206- 5/13/2014 11 .E. Text underlined is new text to be added. Text striketbreugh--is-aUfFeat-text-te-be-deletesk Bold text indicates a defined term 2.03.07 Overlay Zoning Districts 1 * * * * * * * * * * * * x 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 inconsistencies with 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 of these provisions is to recognize that 14 there are nonconforming mobile home parks in the Immokalee Urban 15 Area, to provide incentives to upgrade these parks while requiring the 16 elimination of substandard units, and to allow park owners to take 17 advantage of alternative development standards in order to cause some 18 upgrading of conditions that would normally be required of conforming 19 mobile home parks.Travel trailers, regardless of the square footage, are 20 not permitted as a permanent habitable structure. 21 b. Required site improvement plan application. The property owners of all 22 nonconforming mobile home developments/parks that were in 23 existence before November 13, 1991, i.e., that predate Ordinance No. 91- 24 102, the land development code, shall be required to submit a site ! 25 improvement plan (SIP) meeting the standards set forth below by January 26 93--200.3 January 9. 2020 or thereafter within the time frame set forth in an 27 order of the Code Enforcement Board finding a violation of this section, or 28 by the date set forth in a Compliance or Settlement Agreement entered 29 into between Collier County and a property owner acknowledging such a 30 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. # # # # # # # # # # # # # 2 Packet Page -207- 5/13/2014 11.E. March 25, 2014 flood is mandated, they rdon't have a choice. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Okay. COMMISSIONER NANCE: Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Nance. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner iala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. �' CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. ,cci.S.)COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. • CHAIRMAN HENNING: Any opp 4: - - ! (No response.) CHAIRMAN HENNING: c., "carries unanimously. MR. OCHS: Thank you, I y•l issioners. Mr. Chairman, that tak: • Item 15 at which you typically do at the end of your meetin_IL. .• n't know if you -- CHAIRMAN H : Well, we have one off the consent agenda. MR. OCHS. sorry. COMM R HILLER: 16.A.15, not 11.F. Item #11 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 — APPROVED Page 77 Packet Page-208- 5/13/2014 11 .E. March 25, 2014 MR. OCHS: I'm sorry. 11.F. Commissioner Coyle had brought this item forward. It is a recommendation to direct staff to bring an expedited amendment to the Land Development Code regarding the Immokalee nonconforming mobile home parks. Commissioner Coyle brought this forward from the consent agenda. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: All right. My conce � ice some of these mobile home parks have been noncon i for a long, long, long, long time, what leads us to believ ' hey're going to be resolved by 2020? What incentive or pe 4, 1 be written into the Land Development Code that would enc • people to get these issues ? ssues resolved by that time? MR. BOSI: Mike Bosi, Director of ing and Zoning. Commissioner Coyle, I wante s qx rs say that we haven't gotten or arrived upon that issue yet. 0 A, .• e things that we're here to do is back on February 11th on ge -ommunications, Commissioner Nance had asked for a one- • � hag re regarding a to the LDC he g g nonconforming mobile he at is, to extend the date from 2003, which was the expirat' d. -,,to 2020 to open up this opportunity. And then there •me subsequent discussion amongst the Board of County • • ,s issioners upon how -- the manifestation of that Land Develo• . ode amendment, the extent of it. It was suggested ' . xchange the date. Then there was certain suggest'; i =xpand the program and evaluate the program. Ba - • •pon that, staff wanted to bring this item back to allow the Board of ounty Commissioners to provide a little bit more guidance. But in this regard the stakeholders will have to be engaged and that will be one of the things, as we discussed with the advisory boards, should there be also -- there's obviously a carrot approach that's being provided for within this individual home -- mobile home parks, if they comply with the SIP process could eventually replace existing units Page 78 Packet Page-209- • 5/13/2014 11 .E. March 25, 2014 and improve where possible the looks of their mobile home park. There hasn't been any discussion amongst the staff as to what the punitive side is as to whether they do not comply by that stated time frame. And we will have to discuss those potential options with the advisory boards and then bring whatever those conclusions would be to the Board of County Commissioners as to what they feel is appropriate. But really, this was an opportunity to bring back an-. S. consensus on the Board of County Commissioners to s►: - gaging the community to reinitiate the program. And I'm not quite sure what will be the participation numbers. Currently there are over 50 mobileV parks that are in the Immokalee area that have a nonconforri tus. This program has been open -- was • - - iin 2001 into 2003, and it's been on the books since then. W- v- 't had the participation rate that we would have -- had hoped b. with the re-initiation of this program, we are -- we are antici • a number of folks to gain compliance. One, just simply to e - 'to replace p Y �� eplace the units that they have. Because currently if t w: e to seek a building permit for those nonconforming unit 's nothing on the records to allow for the Building Depart o issue that permit for that unit. So in re At e haven't developed what the punitive consequence- - of not gaining compliance with the program by the date tha 'etV fled. C• 1 SSIONER COYLE: Well, the second question is, and I understand what you're saying, is you're just asking us to give you guidance to proceed with the study of this issue and to develop something to bring back to us for approval. I guess my only response to that is that if people have failed to abide by prior deadlines and they did nothing, why do we think that by extending it through 2020 that we're going to get them to do Page 79 Packet Page -210- 5/13/2014 11 .E. March 25, 2014 something? And secondly, if all you're asking -- if you're only providing them with the opportunity to get an SIP in during that period of time, why is six years necessary to get an SIP prepared if people really truly want to replace the units that they have right now? If I owned one of these places and I had units that I really wanted to replace because I wanted to be a good owner and provi people with decent housing at a competitive price, I could do th months, okay. I wouldn't have to sit around for 20 y Vng to make up my mind as to whether or not I'm going t► is. MR. OCHS: Commissioner, we're flexibl;%, • . deadline. That was just the staff swag of what might be a re ,: e window, but we're not married to that. And again, we bickgit this back based on board recommendation, so -- COMMISSIONER COYLE: I uess we'll find out what you think is appropriate when yo �• i : it back to us for consideration. But it still is a bi, . ►,.le to me. I really think that people make a lot more mon& 1 t ey can take cruddy units and jam as many people into the 4 possibly can and charge them an exorbitant rate, why w. • d ► ey want to spend any more money upgrading their par ifr4 •ably not. But anywa : s all I wanted to say. And I'm sure you're going to approve it, :14 ' e guidance at least, and we'll hear more about this when you : .ck. C • • N HENNING: Commissioner Nance? C• 11�111 SSIONER NANCE: Yes, Commissioner Coyle, let me provide you a little -- I don't know that it will change your mind or your concern, sir, but I want to address a few things that you said. It has been no secret that the Board of County Commissioners and most of the people in Collier County have wanted to see the mobile home parks and the situation with housing in Immokalee improve. That's not been a secret. And I think the reason that the Site Page 80 Packet Page-211- 5/13/2014 11 .E. March 25, 2014 Improvement Plan was created was methodology to upgrade the parks. There's been several problems with the program. One of which is that there was -- you know, it was a very short window. And through January 9th, 2003 the program was closed to participation. And in the intervening years we had three very significant things that have happened. Not only did people get the sense that since they had not -- since they had not chosen to participate or somehow they 'dn't that they would lose their facilities because there was aggres ' e de enforcement action and things going on in Immokale u ou also had Hurricane Wilma in 2005, you had a recessio pacted everybody starting in 2007, and you had most rev.- two of the worse agribusiness seasons on record in 201 . • 112. What that did was that basically sto. p: .ple from investing in their facilities because it was unknown e '_I• how it was going to be handled, plus they were broke. An e +��:,,, e . e not people -- this is not an industry that's conducted by w-.s eo h'. p le. The clients aren't wealthy people. It is the worki . :r. And everybody should �tand thi s is not housing for agricultural migrant labo I� working poor in Immokalee. So actually, I su. . . i s and I requested that staff look at this and I brought this to q : .ard, because what I want to do is I wanted to start having a • : on which we would encourage these people to upgrade their y .nd get this thing back started again. The r- = that, number one, they asked me to go and do that, because; - ant to come into compliance, they want to start investin: n eir facilities, but they want to have certainty that their facilities aren't going to be taken from them because they were out of previous compliance. So it's kind of like the chicken and the egg. And also right now this is a very good farm season. So I think there's every reason for the Board to support this. Because I think some of these people would like to start reinvesting and cleaning things up. And that is after all Page 81 Packet Page-212- 5/13/2014 11 .E. March 25, 2014 what we're hoping to do. So I don't know if that gives you any comfort, but that's what some of the owners of these parks are telling me is they want to invest money, but they want to get on the right side of Collier County regulations when they start doing it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Can you tell me hge -- when we first started asking the owners of these parks to start k;Nitig their areas up? I mean, I'm sure it's before 2003. But how4k. ave we been asking them to do it? MR. BOSI: The SIP the nonconformin g •4410home section was right around the year 2000, so it was a li-* • -r a two-year window that we allowed for the -- had the •It • of opportunity for the mobile home parks to come in and ga - timpliance with the program. And just in defense of a nu •L lid he mobile home parks, 37 of the over 50 plus mobile home p.4, ithin the Immokalee area had started the process but for o . .on or another had left the process to sort of die on the vine. S -le was over a little bit of a -- over 50 percent participation •.` - i ng mobile home parks that had these regulatory issues th. - partaking, but because of changes within policy or implem- • :: on of the policy, we never followed those through to th- . • • etion. And s •peful that with the clearer direction and clearer policy a; latory steps provided within, that maybe we can satisfy a numb- o these mobile homeowners to participate and see it through the process. We also understand that we won't get 100 percent participation. And I guess one of the things we're looking for and one of the things that I did gain today was potentially the Board of County Commissioners to say at the end of this period of time if you do not gain compliance that there could be consequences associated with Page 82 Packet Page-213- 5/13/2014 11.E. March 25, 2014 that. And that was something that before prior to this discussion staff wasn't even in terms thinking in that manner. But it helps define some of the parameters in terms of what the Board may be looking for as we go forward. COMMISSIONER FIALA: Can you explain to me then, it says here that we want to adjust the time frame for participation. That doesn't mean they have to clean them up by then, that me s they can just participate in a program and they could, you know, t uld tack on another 10 years. And my concern is, Commissioner Nance w' g just before, re, you know, these people are working poor. But �ause they're working poor doesn't mean they should have 1 in deplorable conditions. BOSI: And that was the spirit y the initiative was started back in 2000 was to try to g. ' 'n mum compliance for the area in which the working poor • living, and improve those conditions but also allow the o y 4► that mobile home park to replace the units and contin se of their properties. So with the extensi• I. 0, that's�� t`s dust to be able to participate. And if they do partici. . -y gain legal nonconforming status for the units that are wi • ND-it park to be able to replace. And that i p is the overall intent • 'la to bring an improvement to the overall living conditions. , CO 1 •NER FIALA: And can you give me a projected date wh- s • or whoever is working on this would expect to see an improved e t? MR. OSI: Well, this discussion would start -- our discussion with the mobile home -- nonconforming mobile park owners and the stakeholders in terms of developing our strategy and developing the LDC amendments that will correspond to the requested change, you would probably be a year away from the establishment -- the reestablishment of the program. Page 83 Packet Page -214- 5/13/2014 11 .E. March 25, 2014 And then from there I could only estimate as to what type of participation we would have within those programs. And I will say currently for any mobile home park owner who would like to take advantage of the program, even though the SIP route has been closed down, they can always enter an agreement with the Board of County Commissioners or partake in the site plan with deviation process through the Hearing Examiner because i would be a redevelopment project. The problem is those are I don't say cumbersome but they're not as streamlined as anticip the SIP process is, which is a strictly administrative proce . a se other two require public hearings and notifications, there �'- ' costs commensurate really higher with those. But it is an opportunity, if any one of s obile home park owners wanted to enter in compliance wi Board of County Commissioners, those are two aven *Li a are open today to them. So this would just be reesta• 17. more of that streamline process. One of the things we'v . d from our discussions with the mobile home park owners is eek to gain compliance, but the cost consideration is of an imit - important factor. So the commensurate require AL or improvements have to be in relationship to those • ."V rns, which is always a delicate and fine line to have to try to ,'rli ough, the regulatory considerations, but also with their abi * � .ring these improvements in terms of a cost feasible m . - C a A HENNING: Okay, let me get this straight: The SIP pro 7 s s to make sure that you come into compliance with the landscaping, correct? MR. BOSI: For the most part. Landscaping and drainage, yes. CHAIRMAN HENNING: Make sure that you have stormwater. Now, I've heard things like paved roads; is that correct? MR. BOSI: That is not one of the individual requirements of the SIPs. Page 84 Packet Page-215- 5/13/2014 11 .E. March 25, 2014 CHAIRMAN HENNING: So what else are the requirements? MR. BOSI: Well, what we would do and what we're proposing to do is to engage in those conversations with the stakeholders and say here's what the current program as was adopted back in 2000 requires. And engage those mobile home park owners as to whether they feel that's a fair and appropriate manner. CHAIRMAN HENNING: But just what are require n the SIP process? So we already established landscaping. MR. BOSI: Landscaping. CHAIRMAN HENNING: We established st ter. Is there any other things? MR. BOSI: Well, there's -- I mean, tho e major components that we're looking for in terms4S1 site design. CHAIRMAN HENNING: So the s ndards would be -- the mobile home they cannot replace be' - ey don't have their landscaping, they don't have their 1,5) ater; is that correct? MR. BOSI: The reason w -- :nd you're right, that is the ultimate goal of it is to be as id allow these owners to replace these substandard units. 'IP - substandard units cannot be replaced today because there's ',IL—Vey haven't gained that conformity with the SIP process. W M' no record of-- CHAI ING: They haven't gained compliance with our Land Dev- • . , nt Code. MR. ; _ orrect. C. TONER HILLER: With respect to g landsca P in and drainag MR. : OSI: In respect to landscaping, drainage and an overall conforming site. Meaning that these existing sites have not submitted -- there's no SIP -- there's no Site Development Plan process on record. There's no building permits sorted on record for a majority of these units that are out there. And when they come back to replace them they have to comply Page 85 Packet Page -216- 5/13/2014 11 .E. March 25, 2014 with the zoning regulations to make sure they're in the spirit of the regulations. And when they're fighting that request, they can't move forward. The SIP process was designed to allow for that impediment to be removed. CHAIRMAN HENNING: By Florida statutes -- COMMISSIONER HILLER: Zoning? CHAIRMAN HENNING: Yeah. By Florida statutes we don't issue permits for mobiles. What we issue permits for is things like air conditior�,�n' s. ings like MR. BOSI: Tie-downs. O CHAIRMAN HENNING: -- tie-downs .41 i s like slabs. But to replace that mobile home, they don't need e ...proval. However, in order for them to bring `1. e sub-standards of tie-downs, slabs and air conditionin. lie have to get a permit, the county permit. ■ So I think there's a misundNizyk ding by some that substandard ndard housing or deplorable condi � really thing s of landscaping, stormwater. Or they don' � ave a Site Development Plan. So I just wanted ,.j • ► ct that misunderstanding. Who's next? C• q •• sioner -- was it Commissioner Coyle? COMMISSI _ ' COYLE: No, there is so much that has not been determi �` - that I may as well wait until you come up with some reco • .tons. C ;Ilsr A N HENNING: And I think we really need to understates hat's being requested of landowners. Commissioner Hiller? Or was it Commissioner Nance? COMMISSIONER NANCE: Commissioner Hiller. COMMISSIONER HILLER: Yeah, you know, the punitive element that someone recommended is of some concern to me. Because if these people don't pull permits, they don't have to do anything to those sites. So to introduce a punitive element to force Page 86 Packet Page-217- 5/13/2014 11.E. March 25, 2014 them to do something they're not legally required to do is I don't think legal. So I'm not sure when you do your evaluation that you can actually do what was suggested. And I think Commissioner Henning is absolutely right, because I had the very same question, what are we really asking of these people and why? And it has to be very clear that, you know, wha ver we do doesn't engage in a takings, that we're not requiring som i that they are not required to do and thereby through the r la n process here doing something which is unconstitutional. It's certainly, I think from so many people4xPective, misunderstood that what is being proposed heeVvecause units are somehow in violation of building standar,On that isn't the case. And that needs to be made very clear, tha has nothing to do with these units being substandard vis-a- . y code, any building code. Because that is not the case and t• it, is • •t what we're dealing with. MR. BOSI: It's simply, thi .r zoning compliance, this is not -- this is no assessment of th ing structural integrity of any one of the these individual u -J COMMISSION ER: And define zoning compliance for me? MR. BOSI: ng compliance, meaning that the area where that mobile h. • is zoned for mobile home use, that the standards contained • e mobile home district are maintained within the site des' a at individual mobile home park. C0411 iii SSIONER HILLER: But the q uestion of use within a zoning district doesn't really have anything to do with this. Because, I mean, you can go in, you can evaluate the underlined zoning. If the zoning permits those mobile homes, that's addressed and done. I don't understand where the connection between that and these SIPs is. MR. BOSI: Those 45 units, those 45 mobile homes that don't have zoning issues, in terms of they're in the correct zoning district, Page 87 Packet Page-218- 5/13/2014 11 .E. March 25, 2014 the zoning issue they have is they've never submitted a Site Development Plan that shows how they satisfied the zoning requirements of that mobile home district. COMMISSIONER HILLER: But if they existed before the requirement for a Site Development Plan became a requirement, unless they're seeking a permit to do one of the various things we've identified as needing a permit, they don't have to have a Si Development Plan. MR. BOSI: No, they don't. COMMISSIONER HILLER: So forcing the t a Site Development Plan unless they want permit fo other reason is p Y a P COMMISSIONER NANCE: A self- '.-0 Sing prophesy. COMMISSIONER HILLER: It's -- - -- it's not going to happen. And that's why you've had ' s -- of noncompliance, but nonparticipation. • MR. BOSI: And that's wh.r ' . seeking direction from. The issue of a punitive aspect to 1,46 • ogram was introduced today and I'm just trying to -- COMMISSIO ER: But again I don't -- MR. BOSI: -- " • • t if that's the will of the Board. COMMISSI.`s' _ • HILLER: -- see what you can punish because you • •''ik . e the legal right to force them to do this because they pre-e = - at requirement. So • W41' think this has to be very carefully studied from a legal perspec e. CHAIRMAN HENNING: Is there a motion? I'm going to make a motion to approve this item. COMMISSIONER NANCE: I'll second. CHAIRMAN HENNING: Second. MR. BOSI: And just for the Board's understanding, planning will work directly with Jeffs staff and the County Attorney's Office to Page 88 Packet Page-219- 5/13/2014 11.E. March 25, 2014 make sure whatever's being proposed has been reviewed from a legal perspective. COMMISSIONER HILLER: I think this all needs to be cleaned up. I'm not sure it's working the way it was intended as evidenced by the fact that you don't have participation. So maybe you need to develop a different program to incentivize. And instead of punishing, maybe come up with some way that these people do it and et some sort of credit that induces the second level of improvem ich is replacing existing units. MR. BOSI: Well, there's never been a punis ssociated with this -- COMMISSIONER HILLER: No, but saying is maybe what you should look at is the positive, thegp 'de, to induce them to participate where they don't have to. y MR. BOSI: That's how it's alw It set up. If you'd like to replace your existing units, partic. the program. And that's been the design. And we will contin • onstruct it that way and try to find other incentives to incr:: : •e participation rate. COMMISSIONER - t! ' : There's no incentive in what you just said. MR. OCHS: • - '. And what's being suggested is that we try to design that. COMM R HILLER: A different program. You need a different per�: , . Because obviously it's not working. CT =��'y� . N HENNING: Commissioner Nance? C� � SSIONER NANCE: Yes. You know, everybody should realize that the goal here is to incentivize the people to upgrade their parks. These are nonconforming entities, most of them. They're previously existing nonconforming entities. And what we're trying -- staff, if what I tried to ask them to include was the regulatory flexibility needed to address the unique circumstances of some of the ones that couldn't comply with the program to begin with. Some of Page 89 Packet Page-220- 5/13/2014 11 .E. March 25, 2014 them just couldn't comply because they had some unique circumstance and there was no outlet for them. So they were by definition excluded from being in compliance, which is a self-fulfilling prophesy. And then since they're out of compliance, they have anxiety and they don't want to invest money in their facilities, which is exactly what we want to incentivize them to do. We want to incentivize them to invest money, clean up their properties and ultimately, wu know, as Immokalee grows and prospers, these properties will ' her and better uses and we'll get some of them out of the at we don't want them. And in the meantime we don't b.1 the small business people that are relying on this for a live ..• • supplying much needed housing. So -- ' CHAIRMAN HENNING: Commissi r iller? I'm sorry. COMMISSIONER HILLER: How A ese nonconforming? I mean, why are you using the term n.4 'arming? I think that needs to be defined. • MR. BOSI: When you ha ,. . obile home park the mobile home park is normally estab By a Site Development Plan. COMMISSIONER - 911 " : But again, if these preexisted that requirement -- MR. KLATZK i C.... They're legal nonconforming. You've -- COMMISSI A.-1 _ - HILLER: So they're grandfathered. MR. KLik% •W: Yes. CO • . `zi INER HILLER: Okay, so they're not -- so let's define 't• - : Irately. These are not nonconforming units. They are grandfa'-r-d into the program and we would like to see them come up to the current level, but they don't have to. MR. BOSI: Correct. COMMISSIONER HILLER: Okay. To constantly say nonconforming makes it sounds like they're illegal. COMMISSIONER NANCE: That's an omission on my part. COMMISSIONER HILLER: That's okay. Page 90 Packet Page-221- 5/13/2014 11.E. March 25, 2014 MR. KLATZKOW: They're legal nonconforming -- COMMISSIONER HILLER: They're grandfathered. They're legally grandfathered into the system. MR. KLATZKOW: They're legal nonconforming. Your point to the program was to clean them up. COMMISSIONER HILLER: This is like the discussion of pre- audit versus post-audit. It's all semantics. CHAIRMAN HENNING: All in favor of the moti*ify by saying aye. Aye. COMMISSIONER HILLER: Aye. O COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any PPo�o i COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Mo tes 4-1, Commissioner Cole -- Y � COMMISSIONER FIALA , , I voted against. a CHAIRMAN HENN otion by Commissioner -- yeah, the motion carries, dissentin: • , missioner Fiala, Commissioner Coyle. COMMISSIO ' - ILLER: But I just want to clarify -- CHAIRM £ i`�- ING: You know, I think it's worthy, and I'm going to wor 111 - aff to see what other trailer parks outside of Immokale- CO LONER HILLER: Absolutely. C I'I ' HENNING: -- I know there is in East Naples. So if we're going after one, we ought to go after others in other districts. COMMISSIONER HILLER: I think it should be across the whole county. I think -- I mean, if we're looking to make things better, it should be across the board. This is not to -- you know, I mean, it makes no difference where in the county this is. I mean, we want to incentivize, you know, these mobile park owners to make their Page 91 Packet Page -222- 5/13/2014 11 .E. March 25, 2014 parks as good as possibly can be, as they can be. CHAIRMAN HENNING: Can we do communications within four minutes? COMMISSIONER FIALA: Well, could I just say one thing? CHAIRMAN HENNING: Yes. COMMISSIONER FIALA: I think that my heartbreak in all of this stuff is that the Health Department took a group of us I wasn't working here at the time, I was working at the hospital, . ; y took i us around to see all of these different things. The He‘:* -partment only oversees migrant working facilities, they can't o somebody who lives there Y ear around. And so they took, They were Y Y trying to push people to at least get running ‘141:kSeT. electricity and fix the holes in the floor. COMMISSIONER HILLER: How ago was this? COMMISSIONER FIALA: W' hi was -- oh, this was before I was ever in office. O COMMISSIONER HILLES s like 20 years ago. COMMISSIONER FI • I eah, it was in the Nineties. And I don't know what has ever iTt-7 ed since then, because I've talked to the Health Departmen . o► .le of times and they're kind of frustrated because people are l• • n those conditions. And -- COMMISSI.PI_ ' HILLER: Well really, this is a state issue. It sounds like it . e we don't have jurisdiction. CO •NER FIALA: State is only with migrant. They only ha --' ..4 of over migrant. They can't go into the other ones. T ,.o nt is, I understand what you all are saying, I hear that. I'm just saying what can we do to help people who can't help themselves. COMMISSIONER HILLER: Right. We need to incentivize the owners to make it as good as possible. But we don't have jurisdiction over the units. So the question is, if the state only looks at the units with respect to migrant worker tenants -- and maybe what the issue is, is that the state needs to come Page 92 Packet Page-223- 5/13/2014 11 .E. I March 25, 2014 up with some program to evaluate mobile homes. Because we don't have a jurisdiction to do it. So it's a state issue that they need to come in and set standards, you know, for these mobile homes that goes beyond consideration just for migrant workers, as Commissioner Fiala pointed out. We need to look at, you know, low income tenants and elderly tenants. It's -- or owners. CHAIRMAN HENNING: Before we go too -- youSyiestand that what was on our agenda and what you're speakigAbV, Commissioner, are two different issues. And in faa&�a ode Enforcement and Health Department went out :‘r o years ago and there was a report on the Board that 95 pert a housing in Immokalee comes up to the compliance of 11-4:lit, safety and welfare. COMMISSIONER FIALA: I'd love`►. . -e that report, because I didn't see it. And I'm sorry if I've s rike • t of concern. CHAIRMAN HENNING: I V . 7n our agenda. COMMISSIONER FIALA* "' en? CHAIRMAN HE a ► ' e I said, two or three years ago. COMMISSIONER �•. . Leo, you could produce that for me, can't you? MR. OCHS: Y:. " .'am, I'll get that for you. COMMISSI.`��' _ - FIALA: Thank you. CHAT ' 4 ` NNING: So, you know, I think this is a carryover - - shouldn't say it's a carryover. But I think it's a misund 1 ng of our jurisdiction and the state's jurisdiction under migrant a u ing. It's two different issues. CO MISSIONER FIALA: Two different. CHAIRMAN HENNING: And the issue with a Site Development Plan and the compliance to the Land Development Code has to do with landscaping, stormwater, things of that nature. So -- COMMISSIONER FIALA: And I was just thinking more of just the people living in there. I wasn't -- Page 93 Packet Page-224- 5/13/2014 11 .E. March 25, 2014 CHAIRMAN HENNING: Ifs not within that unit. It's not in that box where they live in, it's an issue of, again, landscaping if they haven't landscaped. COMMISSIONER FIALA: Well -- and they can't change the box that they live in until they conform to this is what you're saying. CHAIRMAN HENNING: Correct. COMMISSIONER FIALA: Right. So in other word they could change it. But anyway, I understand where your iicr.Nes lie, I truly do. CHAIRMAN HENNING: What do you thi s? COMMISSIONER FIALA: I won't say, er of fact. But I will say this: I just want to do anything I cagO 1p those people who can't help themselves. COMMISSIONER HILLER: And ed to do that through the state. I'll talk to them. When I g• i t re, I will talk to our representatives. I don't know mu• u . , i t this area of law. COMMISSIONER FIALA* can even call Dr. Colfer, she'll tell you. I went with her. COMMISSIONER �' : Oh Y eah. But I'll talk to the state to find out-- when I' Akt t re I'll ask who -- and I'll talk to the Florida Association . nties to find out, you know, what other counties are doin:WT: who at the state level has jurisdiction to ensure that these trai - •Bing properly maintained. COM "N •NER FIALA: I don't think we can go into trailers. I don't - can go in there and -- C• 1 SSIONER HILLER: That's my point. And that's why we need to find out who. COMMISSIONER FIALA: Health Department can. COMMISSIONER HILLER: But that's only for migrant workers. So the question is who is looking at these living units at the state level beyond migrant worker units. And that's what we need to find Page 94 Packet Page -225- 5/13/2014 11 .E. March 25, 2014 out. Because that's who needs to be enforcing requirements for the standards. CHAIRMAN HENNING: Before we go on our time certain at noon, Commissioner Nance, do you have something? COMMISSIONER NANCE: Yes, I just want -- I would like to close this out and I don't want to belabor conversation, but migrant labor housing and its regulation by state and federal govervt is a separate and distinct thing. It's very, very highly regulatifL conditions are controlled, and they're inspected freq r1 And that's not what w ' ere talking about here. COMMISSIONER HILLER: Right. O COMMISSIONER NANCE: We're tal - `t_ out free market economy housing for poor people and how -ed to incentivize people to better that. COMMISSIONER HILLER: 44111, hens to be a trailer. COMMISSIONER NANCE•to a. .ens to be a trailer. COMMISSIONER HILL ;:ght. Got it. CHAIRMAN HENN !This is a carryover. We're going to take a -- when are we co ''� . .ck, at 1:15? COMMISSIONFO • ER: 1 :15. That's what I was told to tell you. COMMISSI AN_ ' FIALA: I heard 1:30. COMM ' "i . R HILLER: Well, subject to change. Do you want 1:30? M • ' S: There's no registered speakers right now as we sit here. u.lic comments. And you can't hear your land use item 'til 1:30, so come back at -- COMMISSIONER HILLER: Say 1 :30. MR. OCHS: 1:30. COMMISSIONER HILLER: I'm speaking on behalf of the chair and vice-chair. (Luncheon recess.) Page 95 Packet Page-226- 5/13/2014 11 .E. March 25, 2014 MR. OCHS: Mr. Chairman, you have a live mic. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN HENNING: Back from recess. No going to go to public comments. And I understand there's a number of speaker . ant to speak - about the Cocohatchee PUD. That is not on ou . :a. We cannot make decisions under a petition, land use pet' . •ur constitution says people have the right to petition or addiktheir elected body, so we cannot make a decision not to. And t bout basically it. So if you guys want to talk abo y u can all day, but we can't take any action on any request at ere will be a public hearing in the future through the Planning ission, and ultimately the Board of Commissioners. So with that, let's c. o •ublic speakers. MR. MILLER: . st speaker is Bill Pittman. He'll be followed by Peter F .,u MR. PITT .1.‘ • i. My name is Bill Pittman. I live at the Anchorage, w4.- on Vanderbilt Drive, and I'm a member of the Pelican Isl- . Club. • • .V, want to point out that the Cocohatchee PUD complet: urrounds those whole complexes, those 200 plus residences. And we attended a meeting last week and have some concerns about what's going on as far as navigation, as far as traffic. But the biggest concern we have is revoking an irrevocable settlement. Thank you. MR. MILLER: Your next speaker is Peter Franck. He'll be Page 96 Packet Page -227-