Agenda 06/26/2018 Item #11A06/26/2018
EXECUTIVE SUMMARY
Recommendation to evaluate the options for the rezoning of lots 88 and 89 West Flamingo Drive
from Mobile Home-Area of Critical State Concern Zoning (MH-ACSC), as requested at the May
22, 2018, public hearing under agenda item 7, Public Petition and approve staff’s recommendation
that the property owner proceed with a self-initiated rezone.
OBJECTIVE: To provide options for the rezoning of two parcels on West Flamingo Drive, currently
within a Mobile Home-Area of Critical State Concern zoning district, to allow for the construction of a
non-manufactured home.
CONSIDERATIONS: At the May 22, 2018 public hearing, in response to a public petition by Grady
Johnson, requesting assistance from the Board of County Commissioners (Board) to allow for the
construction of a non-manufactured home on lots 88 and 89 West Flamingo Drive, the Board directed
staff to bring back an Executive Summary identifying the options for Mr. Johnson. The two lots are
situated within a Mobile Home/Area of Critical State Concern (MH-ACSC) zoning district. The zoning
district provides for the placement of mobile and modular homes, as well as recreational vehicles but does
not provide for a traditional constructed home. In addition, the area is within a Special Treatment
Overlay, designated as an Area of Critical State Concern. This designation requires that the State of
Florida, through the Department of Economic Opportunity (DEO), sign off on all permits issued within
the ACSC and limits the amount of area cleared per lot due to the areas environmental qualities.
The traditional option for such a situation would be for the property owner to file a petition to rezone the
properties to Village Residential (VR), which permits the similar uses as the MH zoning district, with the
additional permitted uses for single-family or multi-family dwellings. The regulations for the Mobile
Home and Village Residential zoning districts have been provided as an attachment to this Executive
Summary. (Attachment “A”) The rezoning process is a well-established process and required to be
satisfied when a property owner is seeking an alternative use than what their current zoning provides.
The cost is born by the property owner, but the benefit of the rezoning process is received by the property
owner.
A secondary option would be for the Board to rezone the entire MH-ACSC zoning district to VR-ACSC
zoning district. This would affect each of the property owners (200+) within the MH-ACSC district, and
this increase in participants increases the risk that some of the owners may not be in favor of the rezoning
action. The principal uses of recreational vehicle uses with an approved master plan and of modular
homes would becoming non-conforming uses in the VR District. Additionally, Staff has concerns with
the DEO’s willingness to endorse and sign off on the rezoning request due to the action creating a higher
value of properties within the Coastal High Hazard Area and impacts to the ACSC.
It should be noted that the deed for lots 88 and 89 was purchased in December 2017, by Mr. Johnson with
a description of the property on the deed as, “all waterfront mobile home sites.” (Attachment “B”)
FISCAL IMPACT: There is no fiscal impact associated with option one, the traditional rezoning
process, as application fees are designed to cover the cost associated with staff review time. There would
be a fiscal impact associated with options two and three to satisfy rezoning application cost, as well as
Staff’s time to prepare an application, hold a neighborhood information meeting and attend all required
public hearings, as well as coordination with the DEO.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: There are no anticipated impacts to the GMP,
as each of the options identified are consistent with the Future Land Use Element (FLUE) of the GMP.
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06/26/2018
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. It is the County Attorney's recommendation
that if the Board wishes to consider option number 2, that staff first asks the impacted residents and the
State whether they would be in favor of such action, and then brings the matter back to the Board for
further direction. -JAK
RECOMMENDATION: To support staff’s suggestion that Mr. Johnson pursues option one, the self-
initiated and funded application for a rezone from MH-ACSC to VR-ACSC for lots 88 and 89, West
Flamingo Drive, Plantation Island.
Prepared by: Mike Bosi, Director, Zoning Division
ATTACHMENT(S)
1. 88-89-west-flamingo (PDF)
2. VR and MH Districts 6-8-18 (PDF)
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06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 5905
Item Summary: Recommendation to evaluate the options for the rezoning of lots 88 and 89 West
Flamingo Drive from Mobile Home-Area of Critical State Concern Zoning (MH-ACSC), as requested at
the May 22, 2018, public hearing under agenda item 7, Public Petition and approve staff’s
recommendation that the property owner proceed with a self -initiated rezone. (Mike Bosi, Zoning
Director, Growth Management Department)
Meeting Date: 06/26/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
06/07/2018 2:11 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
06/07/2018 2:11 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/08/2018 2:00 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/08/2018 2:36 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 3:14 PM
Growth Management Department James French Deputy Department Head Review Completed 06/08/2018 5:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 7:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 9:50 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/15/2018 10:31 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 4:07 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
11.A
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11.A.1
Packet Pg. 119 Attachment: 88-89-west-flamingo (5905 : Options for rezoning property)
11.A.1
Packet Pg. 120 Attachment: 88-89-west-flamingo (5905 : Options for rezoning property)
2.03.02 - Residential Zoning Districts
F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to
provide lands where a mixture of residential uses may exist. Additionally, uses are located and
designed to maintain a village residential character which is generally low profile, relatively small
building footprints as is the current appearance of Goodland and Copeland. The VR district
corresponds to and implements the mixed residential land use designation on the Immokalee future
land use map of the Collier County GMP. It is intended for application in those urban areas outside of
the coastal urban area designated on the future land use map of the Collier County GMP, though
there is some existing VR zoning in the coastal urban area. The maximum density permissible in the
VR district and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The maximum
density permissible or permitted in the VR district shall not exceed the density permissible under
the density rating system, except as permitted by policies contained in the future land use element,
or as designated on the Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the village residential district (VR).
a. Permitted uses.
1. Single-family dwellings .
2. Duplexes .
3. Multi-family dwellings .
4. Mobile homes .
5. Family care facilities , subject to section 5.05.04.
6. Educational plants and public schools with an agreement with Collier County, as
described in LDC section 5.05.14; however, any high school locat ed in this district is
subject to a compatibility review as described in LDC section 10.02.03.
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to uses permitted as of right in
the VR district.
2. Private docks and boathouses , subject to section 5.03.06.
3. Recreational facilities that serve as an integral part of a residential development and
have been designated, reviewed and approved on a site development plan or
preliminary subdivision plat for that development . Recreational facilities may
include, but are not limited to, golf course, clubhouse, community center building and
tennis facilities, parks , playgrounds and playfields.
4. Storage, repair and maintenance areas and structures for fishing and farming
equipment, when used by the residents of the permitted use.
c. Conditional uses. The following uses are permissible as conditional uses in the village
residential district (VR), subject to the standards and procedures established in LDC
section 10.08.00.
1. Boatyards and marinas , subject to section 5.03.06 and the applicable review criteria
set forth in section 5.05.02.
2. Child care centers and adult day care centers .
3. Churches .
4. Civic and cultural facilities.
5. Cluster housing, subject to section 4.02.04.
11.A.2
Packet Pg. 121 Attachment: VR and MH Districts 6-8-18 (5905 : Options for rezoning property)
6. Fraternal and social clubs.
7. Schools, private. Also, " Ancillary plants " for public schools.
8. Group care facilities (category I and II); care units ; nursing homes; assisted
living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to
section 5.05.04.
9. Recreational facilities intended to serve an existing and/or developing residential
community as represented by all of the properties/ lots/parcels included in an
approved preliminary subdivision plat, PUD or site development plan . The use of
said recreational facilities shall be limited to the owners of property or occupants of
residential dwellings units and their guests within the area of approved preliminary
subdivision plat, or site development plan .
10. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, section 5.04.04.
11. Public schools without an agreement with Collier County, as described in LDC section
5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any
high school located in this district is subject to a compatibility review as described in
LDC section 10.02.03.
d. Prohibited animals in residential districts. The following animals are to be considered farm
animals and are not permitted to be kept in residential districts except as provided for in
zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats,
hogs, and the like.
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide
land for mobile homes and modular built homes, as defined in this Land Development Code, that
are consistent and compatible with surrounding land uses. The MH District corresponds to and
implements the urban mixed-use land use designation on the future land-use map of the Collier
County GMP. The maximum density permissible in the MH district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the future land
use element of the Collier County GMP. The maximum density permissible or permitted in the MH
district shall not exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element, or as identified in the Immokalee
future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the mobile home district (MH).
a. Permitted uses.
1. Mobile homes .
2. Modular built homes.
3. Family care facilities , subject to section 5.05.04.
4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned
MHTT or MHRP prior to November 13, 1991, in accordance with an approved master
development plan designating specific areas for RV spaces. The development
standards of the TTRVC district (excluding lot size and area) shall apply to the
placement and uses of land in said RV areas.
5. Educational plants and public schools with an agreement with Collier County, as
described in LDC section 5.05.14; however, any high school located in this district is
subject to a compatibility review as described in LDC section 10.02.03.
b. Accessory Uses.
11.A.2
Packet Pg. 122 Attachment: VR and MH Districts 6-8-18 (5905 : Options for rezoning property)
1. Uses and structures customarily associated with mobile home development such
as administration buildings , service buildings , utilities, and additions which
complement a mobile home .
2. Private docks and boathouses , subject to section 5.03.06.
3. Recreational facilities that serve as an integral part of a residential development and
have been designated, reviewed and approved on a site development plan or
preliminary subdivision plat for that development . Recreational facilities may
include, but are not limited to, golf course, clubhouse, community center building and
tennis facilities, parks , playgrounds and playfields.
4. One single-family dwelling in conjunction with the operation of the mobile home
park .
c. Conditional uses. The following uses are permissible as conditional uses in the mobile
home district (MH), subject to the standards and procedures established in LDC section
10.08.00.
1. Child care centers and adult day care centers .
2. Churches .
3. Civic and cultural facilities.
4. Schools, private.
5. Recreational facilities intended to serve an existing and/or developing residential
community as represented by all of the properties/ lots/parcels included in an
approved preliminary subdivision plat, PUD or site development plan . The use of
said recreational facilities shall be limited to the owners of property or occupants of
residential dwellings units and their guests within the area of approved preliminary
subdivision plat, or site development plan .
6. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, section 5.04.04.
7. Educational plants and public schools with an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall
also apply; however, any high school located in this district is subject to a
compatibility review as described in LDC section 10.02.03.
d. Prohibited animals in residential districts. The following animals are to be considered farm
animals and are not permitted to be kept in residential districts except as provided for in
zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats,
hogs, and the like.
(Ord. No. 08-11, § 3.E; Ord. No. 16-27, § 3.C)
11.A.2
Packet Pg. 123 Attachment: VR and MH Districts 6-8-18 (5905 : Options for rezoning property)