Agenda 09/13/2016 R Item #16A46 16.A.46
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve a Resolution amending Ordinance No. 2004-66, as amended, that
created an Administrative Code for Collier County, to add Section I.3.a., entitled Immokalee
Nonconforming Mobile Home Parks or Mobile Home Sites—Existing Conditions Site Improvement
Plan, to Chapter Four, Administrative Procedures, of Exhibit "B," Administrative Code for Land
Development; and providing an effective date. The approval of this item is contingent on approval
of Agenda items 9.0 and 16.A.43.
OBJECTIVE: To amend Ordinance No. 2004-66, as amended, that created the Administrative Code to
add section I.3.a, entitled the Immokalee Nonconforming Mobile Home Park or Mobile Home Sites -
Existing Conditions Site Improvement Plan, to Chapter Four, Administrative Procedures, of Exhibit B,
Administration Code for Land Development.
CONSIDERATIONS: The 2015 Land Development Code Amendment Cycle 2 includes an amendment
to Land Development Code (LDC) section 2.03.07 B.6, which establishes a new application process
called an "Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites - Existing Conditions
Site Improvement Plan." The LDC Amendment indicates that the new application is administrative in
nature and shall be reviewed by the County Manager or designee. As such, a new section in the
Administrative Code for Land Development establishing the application requirements and process for
approval is needed.
Pursuant to LDC section 10.03.06 K, the LDC amendment creating the "Immokalee Nonconforming
Mobile Home Parks or Mobile Home Sites - Existing Conditions Site Improvement Plan" was reviewed
by the Board of County Commissioners on July 12, 2016 and will be reviewed for approval on September
13, 2016, at the same meeting as this item.
Pursuant to Board direction on July 12, 2016, the proposed Administrative Code for Land Development
section was revised to require a specific purpose survey identifying the property boundaries and the
location and separations between mobile home units and other structures. The specific purpose survey is
required to be certified by a Professional Surveyor and Mapper. Existing conditions, such as roads,
parking areas, utilities, etc. are to be illustrated on the site improvement plan and do not require a
Professional Surveyor and Mapper's certification.
According to Ordinance 2004-66, as amended, changes to the Administrative Code for Land
Development should be done by resolution.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To approve the Resolution amending Ordinance No. 2004-66, as amended,that
created the Administrative Code to add section I.3.a titled the"Immokalee Nonconforming Mobile Home
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09/13/2016
Park or Mobile Home Sites - Existing Conditions Site Improvement Plan, to Chapter Four,
Administrative Procedures,of Exhibit B,Administration Code for Land Development.
Prepared By: Caroline Cilek, AICP, CFM, LDC Manager, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1.Attachment 1. Resolution initialed by CAO - 081016 (PDF)
2.Attachment 2. Companion LDC Amendment 8-10-16 (PDF)
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16.A.46
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.46
Item Summary: Recommendation to approve a Resolution amending Ordinance No. 2004-66, as
amended, that created an Administrative Code for Collier County, to add Section I.3.a., entitled
Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites — Existing Conditions Site
Improvement Plan, to Chapter Four, Administrative Procedures, of Exhibit"B," Administrative Code for
Land Development; and providing an effective date. The approval of this item is contingent on approval
of Agenda items 9.0 and 16.A.43.
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-LDC—Growth Management Development Review
Name: Caroline Cilek
08/10/2016 3:50 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
08/10/2016 3:50 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/11/2016 11:15 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/12/2016 7:20 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/15/2016 10:06 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:49 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/22/2016 2:57 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2016 3:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/22/2016 3:46 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/25/2016 8:48 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 9:41 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.46.a
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-66, AS AMENDED, THAT CREATED AN ADMINISTRATIVE
CODE FOR COLLIER COUNTY, TO ADD SECTION I.3.A.,
ENTITLED IMMOKALEE NONCONFORMING MOBILE HOME
PARKS OR MOBILE HOME SITES — EXISTING CONDITIONS SITE
IMPROVEMENT PLAN, TO CHAPTER FOUR, ADMINISTRATIVE
PROCEDURES, OF EXHIBIT "B," ADMINISTRATIVE CODE FOR
LAND DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE.
isWHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No.
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2004-66 on October 12, 2004,which created an Administrative Code for Collier County; and ti
WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the
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adoption of Ordinance No. 2013-57 on September 24, 2013; and c
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B," p
Administrative Code for Land Development; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
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the Administrative Code shall be made by resolution adopted by the Board; and
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WHEREAS, the Board desires to revise Exhibit "B," Administrative Code for Land
Development, to add administrative procedures for mobile home parks or mobile home sites
pursuing an existing conditions site improvement plan in accordance with Section 2.03.07 G.6 of cc
the Collier County Land Development Code.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Exhibit "B", Administrative
Code for Land Development, of Ordinance No. 2004-66, as amended, is hereby amended as
follows: as
SECTION ONE: AMENDMENT OF CHAPTER FOUR — ADMINISTRATIVE
PROCEDURES
Section I.3.a., entitled "Immokalee Nonconforming Mobile Home Parks or Mobile Home
Sites — Existing Conditions Site Improvement Plan" is hereby added to Chapter Four,
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Administrative Procedures, of Exhibit "B," Administrative Code for Land Development, as set
forth in Exhibit A, attached hereto and incorporated herein by reference.
SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED by majority vote this day of , 2016.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
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By: By:
Deputy Clerk DONNA FIALA, CHAIRMAN co
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Approved as to form and legality: 0
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Scott A. Stone ;°
Assistant County Attorney
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Attachments: Exhibit A— Section I.3.a., "Immokalee Mobile Home Parks or Mobile Home Sites- re
Existing Conditions Site Improvement Plan'
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Collier County Land Development Code Administrative Procedures Manual
Chapter 4 / Administrative Procedures
.a. immokaiee Noncons-orniina Mobile Home Parks or Mobile
Home Sites - Existing Conditions Site improvement Plan
Reference LDC subsection 2.32 07 2 6.
Applicability This procedure applies to mobile home parks or mobile home sites pursuing an existing
conditions site improvement plan and which meet the criteria established in LDC section
6.
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Pre-application A pre-application meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 3.2.
Initiation The applicant files an"Existing Conditions Site Improvement Plan Application"with the ••
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Planning&Zoning Department.
Application Submittal Credentials:The site improvement plan,as described below,is not required to
Contents and Site be signed and sealed by a Professional Surveyor and Mapper or a professional engineer.
Plan Requirements The specific purpose survey,as described below,shall be signed and sealed by a
Professional Surveyor and Mapper.
Sheet size:The coversheet and site improvement plan shall be prepared on a size sheet O
measuring 24 inches by 36 inches and drawn to scale. U
The application must include the following:
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1. Applicant contact information. f0
2. Addressing checklist.
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3. Cover letter briefly explaining the project.
4. A copy of the last recorded deed,contract for sale or agreement for sale,or a
notarized statement demonstrating ownership and/or control of the mobile home
park or mobile home site or parcel of land.
5. Site improvement plan shall include: E
• Cover Sheet with the following information:
o Project title and the name,address and phone number of the
preparer of the plans;
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o Zoning designation of the subject property and adjacent sites; E
o Vicinity map clearly identifying the location of the development
within the Immokalee Urban Overlay and its relationship to the
surrounding community;
o The property appraiser's property identification number(s)/folio
number(s)for the subject property;and
o Scale, north arrow,and date.
o Acreage of site;
o Number of mobile home units;
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 I Administrative Procedures
o Number of vacant lots;
• Illustration of existing conditions,such as:
o Site address of mobile home units;
o Location and dimension of access point(s)to the site;
o Directional movement of internal vehicle traffic;
o Location and configuration of streets;
o Location and configuration of parking spaces and loading areas; •_
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o Location of fire hydrants and fire alarms,if any -
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o Location,dimension and configuration of existing infrastructure,
such as utilities,drainage facilities for the park;and ~n.
o Utility connections for mobile home units.
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6. Specific purpose survey shall include the following:
• The name and contact information of the person who prepared the site
improvement plan; 0
• Property boundaries;
• Location and configuration of mobile home units,vacant lots,and other o
structures; �a
• Location and dimension of access point(s)to the site; E
• Separations between mobile home units and other structures;and °
• Easements.
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7. Any additional relevant information as may be required by the Planning&Zoning ce
Department.
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Completeness and The Planning&Zoning Department will review the application for completeness.After
Processing submission of the completed application packet accompanied with the required fee,the
applicant will receive a mailed or electronic response notifying the applicant that the ;g
petition is being processed.Accompanying that response will be a receipt for the Q
payment and the tracking number(i.e.,XX201200000)assigned to the petition.This
petition tracking number should be noted on all future correspondence regarding the a)
petition. .c
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Notice No notice is required.
Public Hearing No public hearing required.
Decision maker The County Manager or designee.
Review Process The Planning&Zoning Department will review the application,identify whether
additional materials are needed and approve,approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Digital Submittal After the existing conditions site improvementplan has been approved by the County
Requirements Manager or designee for compliance with the LDC as provided in section 2.03.07 G.6,the
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 I Administrative Procedures
applicant shall submit:
1. Digital copy of the site plan document.
Updated
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
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LDC SECTION(S): 2.03.07 Overlay Zoning Districts
4.02.33 Specific Design Standards for the Immokalee-- Mobile Home
Park Overlay Subdistrict
10.02.05 Construction, Approval, and Acceptance of Required ¢
Improvements00
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CHANGE:
Note: Changes to the narrative are highlighted following Board discussion on July 12, 2016.
To provide a new application and approval process for nonconforming mobile homes sites in
Immokalee to be considered a permitted use and lawful.This process will apply to properties where c
mobile homes were previously allowed or are currently allowed by the LDC. The new application,
described as an "existing conditions site improvement plan" will provide property owners of the
mobile homes the ability to replace mobile home units with an approved building permit. The new
unit will be required to meet current Florida Building Code requirements and all other local c
building construction standards. 2
a.
This amendment is designed to assist several groups. First, it will allow mobile home owners who
rent their mobile home units to upgrade their parks with new mobile home units. Second, it will U
allow individuals and families that own their mobile home and rent the lot to replace their units as
well. Additionally, the proposed process seeks to encourage maintaining housing options that are
more affordable for low income populations in Immokalee.
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The current LDC section establishes an overlay district which covers the Immokalee Urban
Boundary. This means that only a nonconforming mobile home park or site located in the
Immokalee Urban Boundary can apply for this process. Figure 1 below identifies the Immokalee E
Urban Boundary.
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LOCATION
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Figure 1
The existing conditions site improvement plan application and process include the following:
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1. Establish language in LDC section 2.03.07 G.6 that provides a new process for an existing
conditions site improvement plan to be reviewed by the Growth Management Department.
The application requirements are proposed in a new Administrative Code for Land ;°
Development section I.3.a. See Attachment 1 for additional details.
Pursuant to Board direction on July 12, 2016 the proposed Administrative Code for Land
Development section was revised to require a specific purpose survey identifying the
property boundaries and the location and separations between mobile home units and other
structures. The specific purpose survey is required to be certified by a Professional
Surveyor and Mapper. Existing conditions, such as roads, parking areas, utilities, etc. are o
to be illustrated on the site improvement plan and do not require a Professional Surveyor —1
and Mapper's certification.
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In addition, a new application fee is associated with the process. Only the requirements and
process identified in the Administrative Code section would be required.
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2. Review criteria for the application includes a minimum separation requirement consistent
with the State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements, which reads
as noted below. cc
69A-42.0041 Fire Separation Requirements.
No portion of a mobile home,excluding the tongue,shall be located closer
than 10 ft. (3m) side to side, 8 ft. (2.4m) end to side, or 6 ft. (1.8m) end to
end horizontally from any other mobile home or community building
unless the exposed composite walls and roof of either structure are without
opening and constructed of materials that will provide a one-hour fire
resistance rating or the structures are separated by a one-hour fire-rated
barrier.
Rulemaking Authority 633.104(1), 633.206(1)(b) FS. Law Implemented
633.104(4), 633.206 FS. History—New 10-19-09.
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The section includes a requirement that the District Fire Official provide written
confirmation that either an existing fire hydrant or a supplemental apparatus provided by
the Fire District is adequate for fire protection.
The last criteria is established in the National Fire Codes, 501A-11, Chapter 6, 6.1.1
through 6.1.2. Section 6.1.1.2 which will be met by obtaining approval of the existing
conditions site improvement plan. The site plan requirements established in 6.1.1.3 have
been integrated in a new Administrative Code for Land Development section for ease of
use. The standards are as follows:
6.1.1 Site Plan. o
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6.1.1.1 Arrangement of manufactured homes and accessory buildings or
structures on the site shall not restrict reasonable access to the site by Q
emergency personnel.
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6.1.1.2 Each community operator shall maintain a community site plan for
review by agencies responsible for emergency services. co
6.1.1.3 The site plan shall include,but shall not be limited to,the following
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information: .r
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(1) Street names.
(2) Site separation lines
(3) Site numbers
(4) Water supplies for fire protection personnel
(5) Fire alarms o
(6) Utility disconnects 9
6.1.2 Each street name in the manufactured home community shall bects
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clearly marked with signs, and each manufactured home site shall be Q-
marked for identification in a uniform manner that is clearly visible from
the street serving the site.
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3. The proposed amendment also addresses density of the site. Once the existing conditions E
site improvement plan is approved,property owners would be able to replace mobile home c
units with an approved building permit at sites shown on the site plan. The replacement co
mobile home would meet the current Florida Building Code and all other local building
construction requirements (such as elevation requirements). E
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4. Additional provisions address situations where properties are in excess of underlying
permitted density and where properties may have additional density available,but have not
utilized it due to a lack of an approved site plan.
a. Where properties currently exceed the density allowed for by the zoning district,
the approved existing conditions site improvement plan would establish the
"existing" density and would be defined as the density on the property as of the
aerial flight data collected from the Collier County Property Appraiser before
February 2016.
b. Where the underlying zoning district(i.e.MH or VR or MHO)allows for additional
density, new mobile homes may be added and shall be identified on the site plan.
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New mobile homes would be subject to the dimensional standards established in
LDC section 4.02.33 - Specific Design Standards for new Mobile Home lots in the
Immokalee Urban Overlay (new title). This section provides relief from the
standard minimum lot with and setback requirements for mobile homes in the three
districts where mobile homes are allowed. This section is not intended to be used
for a brand new mobile home park in Immokalee. LDC section 4.02.33 is amended
to identify dimensional requirements for the placement of a new mobile home unit
and other available improvements. An explanation of the purpose and intent of the
section is included.
5. The Administrative Code for Land Development will be updated to include the application
requirements. In addition, a specific application will be prepared for this process.
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6. A new fee of$750 will be added to the Collier County Growth Management Department Q
Development Services Fee Schedule for the existing conditions site improvement plan
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application. ti
7. LDC section 4.02.33 is amended to provide dimensional relief for new mobile homes lots
that are approved on a nonconforming mobile home park or site through the existing
conditions site improvement plan process (or subsequent amendment). °O
8. LDC section 10.02.05 F is proposed to be removed as it is no longer relevant to the
proposed process.
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REASON: Currently,there are Immokalee Nonconforming Mobile Home Parks and other mobile
home sites that have sought or are currently seeking the ability to replace mobile home units. The
existing LDC standards and procedures established by LDC section 2.03.07,4.02.33,and 10.02.05 2
have not been effective in providing legal status to the mobile home sites and therefore these a
sections no longer fit the needs of the property owners in Immokalee.
All of the sites that qualify for the proposed process are nonconforming, which means that they do
not meet the site design requirements established in the LDC for mobile home parks or other sites
where mobile homes are located. In this case, many of these mobile home sites have been in
existence for decades and in some cases, likely existed before the LDC site design standards for
mobile home parks or sites were established.
Past LDC requirements have required property owners to hire engineers, landscape architects, E
lawyers, and other professionals to try and address their nonconforming status. Property owners
have relayed that, in some cases, their ability to lease out units or sell property has been delayed C
or even stopped until their nonconforming status has been deliberated and resolved.
When a mobile home park or other site is considered nonconforming, it creates a number of
problems for the owner of the park. As long as the nonconforming status remains, owners are
limited in what they can improve, expand,replace or otherwise modify in their parks. In addition,
selling such properties with the determination of unresolved nonconfoliuities becomes very
difficult.
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In sum, there are multiple benefits to establishing the existing conditions site improvement plan
process:
1) Property owners will be able to replace units with newer units with an approved building
permit. Currently, mobile home owners are unable to replace mobile home units. With an
approved site plan they will be able to replace units with new or newer units. In doing so,
they will be required to meet all current Florida Building Code requirements and other local
construction standards for mobile homes (i.e. FEMA elevation criteria). Separation
requirements will be as identified in the approved existing conditions site improvement
plan. Replacing mobile home units has the potential to improve conditions for occupants, a
both for those that own their own mobile home and those that are renters.
2) Maintains existing affordable housing in Immokalee. Based on input from park owners,
they provide housing for several groups of people, including families that rent lots on a ••
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permanent basis. Others rent to farmworkers and seasonal migrant laborers. According to
the 2010-2014 American Community Survey 5-Year Estimates, the median income in
Immokalee is $25,725 ("American Fact Finder" US Census Bureau. Accessed April 19,
2016. www.factfinder.census.gov). This income level puts a family of four just above the
Extra Low Income category and mobile homes may be one of the more affordable places
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for families and individuals to live. If additional density is available, or when units are
added consistent with density standards,more affordable units may be created through this
process. Additionally, allowing for the existing conditions to be retained instead of
requiring current LDC site design standards may prevent property owners from increasing
rental fees in order to pay for any site improvements.
3) Park owners and other property owners will be able to sell their property with legal
status. Market viability has the potential to provide stability for property owners looking
into the future and the potential for additional investment into the properties. N
4) Numerous Collier County Code Enforcement issues will be resolved. Currently,there are
many code enforcement cases that have not been addressed for a number of the mobile
home parks and other mobile home sites. An approved existing conditions site
improvement plan would alleviate these prior enforcement issues.
DSAC-LDR RECOMMENDATIONS: The Subcommittee reviewed the amendment on April «°
13,2016 and suggested changes including formatting and content of the applicability section. The
Subcommittee also asked for clarifications regarding the inspections process. An updated
amendment was shared with the Subcommittee prior to DSAC approval.
DSAC RECOMMENDATIONS: Approved unanimously on May 4, 2016 with no changes.
PLANNING COMMISSION RECOMMENDATIONS: The amendment was reviewed on
May 5, and May 25, 2016 during a special nighttime hearing. During the May 25, 2016 public
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hearing the following is a summary of comments that were relayed to the Planning Commission.
Please see the full minutes for a complete record of the discussion.
Ms. Carrie Williams-Mobile Home Park Owner
• Staff read into the record the summary of Ms. Carrie Williams' comments which were
provided over the phone prior to the meeting.
• Ms. Williams supports the ability to replace mobile home units,however, does not support
this amendment applying to more than the mobile home parks. Ms. Williams supports a
timeframe for completing the process. See Attachment 2 for the full summary of Ms.
Williams' comments.
Mr. Max Griffin-Mobile Home Park Owner
• Mr. Griffin supports the amendment as it enables mobile home park owners to .E-
replace units according to updated standards.
• He also stated that anything that increases the supply of mobile home units will decrease 00
the price of units. Less supply the higher the prices will be.
Immokalee Community Redevelopment Agency (CRA)
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Ms. Christie Betancourt-CRA Staff liaison
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• Presented the LDC Amendment to the Immokalee CRA advisory boards for c
informational purposes and advised them to come to the CCPC meeting if they had
concerns.
cu• Ms. Betancourt stated that the CRA and Immokalee community support the
creation of a program to upgrade mobile homes and the 1993 amendment process.
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• Some of the park owners don't own the mobile home units, and some of the units
are very dilapidated and are not used or livable. This is a concern for the
community.
• Supports a program to replace mobile home units to enable mobile home park
owners to improve their properties; however, supports a process to upgrade the
dilapidated units as well.
• This amendment will not help residents if the owner refuses to make upgrades and
the amendment should address the need for an initiative to remove deteriorated E
units.
• She also stated that she attends a monthly community task force which has found
that there are many mobile homes that are not in mobile home parks but which have
serious issues that need to be resolved as well.
Ms. Andrea Hallman-Immokalee resident, CRA board member, and MSTU member
• The CRA and MSTU want to improve the appearance of the community but have
had difficulty because they are unable to require any improvements. She noted
trailers are closer than before and the proposed program is a voluntary program.
• Ms. Hallman is concerned about density provisions since some mobile homes are
very close together.
• She is concerned the community did not receive enough time to review the
amendment and wanted non mobile home park citizens the opportunity to
participate as well.
• She stated the amendment is an improvement over existing conditions.
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Ms. Michelle Arnold—Public Transit and Neighborhood Enhancement Division Director,
Collier County
• The amendment should retain those standards needed to improve the community.
• Intent of the CRA within Immokalee and the MSTU is to improve the Immokalee
area. Wants to make sure that modifications to LDC amendment are doing that.
Allowing owners to replace with like or better is a good thing, but needed
clarification on how they get there.Are they required to get a site improvement plan
or another method?
• Wants to relax some of the standards but doesn't want to get rid of the standards Cu
because some of those components are needed to improve the area in the long-term. v
We may need to come back to those things in the future.
• This process won't help in the case where the owner can't afford to make
improvements.
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Mr.
Mr. Robert Davenport—Mobile Home Park Owner r`
• Mr. Davenport noted park owners cannot inspect inside units. While some units do not to
look good, they are inspected regularly for functional issues such as water leaks.
• If mobile home park owners want to replace units, the existing requirements would put o
mobile home parks out of business and displace families and individual residents.
• After working with staff for more than 7 years, he supports the amendment as written as it
could result in a big change by allowing owners to replace units over time.
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Mr. Steven Kirk—President of Rural Neighborhoods ci
• Mr. Kirk stated a 1-for-1 replacement of units is positive but the rest of the amendment
does not go far enough for an affordable housing strategy at rent levels from$600 to$1,000
per month or for modest improvements to the park.
• Stated concern over density provisions and allowing for greater density than a new mobile
home park approved under the current LDC. v
• He noted the amendment is an improvement over what is currently in place, cN;
however it does not go far enough to improve the aesthetics and community E'
appearance. Park owners will be the chief beneficiaries as they will be able to sell E
their park as a conforming use when previously it was a non-conforming use.
• He stated that by filing only a fire separation plan, the operator can then become
conforming without ever improving any units.
• He would like to see a modest investment in the community by requiring dumpsters and E
dust free streets for a park to become a conforming use and that they should not be granted
additional density without making some additional improvements to benefit the
community. He stated he could support the amendment if this change were made.
Staff responded to public comments by noting that the amendment does not add density to
a site,rather it allows for the density that has existed in the past that can meet the proposed
setbacks or a site can be built to the maximum allowable density by the zoning district.
Following public comments, the Planning Commission noted that various stakeholders
have been working on this issue for a number of years and while the amendment does not
43
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solve all problems, it is a good start and it can be improved overtime if it does not
accomplish all of the community's goals.
On May 25, 2016, the amendment was unanimously approved by 6-0 vote without any changes.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None. 13a3
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OTHER NOTES/VERSION DATE: ._
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Amend the LDC as follows:
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1 2.03.07 Overlay Zoning District =-
2 * * * * * * * * * * * * *
3 G. Immokalee Urban Overlay District. o
4 * * * * * * * * * * * * * 8
5 6. Nonconforming Mobile Home Site Pafk Overlay Subdistrict.-Establishment of .
6 special conditions for these properties which by virtue of actions preceding the E
7 adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be c
8 nonconforming as a result of inconsistencies with the Land Development Code, ?
9 and are located within the Immokalee Urban Boundary as depicted on the
10 Immokalee Area Master Plan. a
0
11 a. Purpose and intent. The purpose of these provisions is to recognize that J
12 there are nonconforming mobile homes on properties s in the 2
13 Immokalee Urban Area and to establish a process to provide property a
14 owners an official record acknowledging the permitted use of the property E
15 and render existing mobile homes, and other structures, as lawful. to 0
o
16 provide incentives to upgrade these parks while requiring the elimination 0.;
17 - -- --e- - - , --e - - - -- - - e - - -- - -- e _
18 alternative development standards in order to cause some upgrading of E
20 parks. Travel trailers, regardless of the square footage, are not permitted z
21 as a permanent habitable structure. Travel trailers, regardless of the a
22 square footage, are not permitted as a permanent habitable structure c
23 and may not seek relief under this section. Properties that cannot meet E
24 the requirements may pursue an agreement with the Board of County 0
25 Commissioners to establish compliance with this LDC section 2.03.07
26 G.6.
27 b. Application requirements. Property owners shall file an application as
28 provided for in the Administrative Code, Chapter 4, Section l.3.a —
29 Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site
30 Improvement Plan and shall only be subject to the criteria, requirements,
31 and process expressly stated in the Administrative Code and this LDC
32 section.
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1 c. Criteria for review. The following criteria shall apply to the existing
2 conditions site improvement plan approval process and shall be reviewed
3 by the County Manager or designee.
4 i. Minimum separation requirements shall be consistent with State
5 Fire Marshal Rule 69A-42.0041 Fire Separation Requirements.
6 ii. The District Fire Official shall provide written confirmation that
7 either an existing fire hydrant or a supplemental apparatus,
8 provided by the Fire District, is adequate for fire protection.
9 iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1
10 through 6.1.2).
11 d. Density. Once the existing conditions site improvement plan is approved,
12 owners may replace mobile home units with an approved building permit a
13 at sites shown on the site plan. Replacement units may be larger than the U
14 removed unit, so long as the minimum separation standards established -
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15 in LDC section 2.03.06 G.6.c.i are met. -0
16 i. Where properties currently exceed the density allowed for by the ¢
17 zoning district, the approved existing conditions site improvement ti
18 plan shall establish the maximum density on the property which
19 shall not exceed the density of the property as depicted on the co
20 Property Appraiser aerial maps dated before February 2016. All o
21 lots and units shall be consistent with the approved existing 8
22 conditions site improvement plan. c
23 ii. Where the zoning district allows for additional density, new mobile
24 home units may be added and shall be identified on the site plan. c
25 New mobile homes shall be subject to the dimensional standards
26 established in LDC section 4.02.33. Q
27 e. P-e-• -e • - •. _ _ •.-• e - --- -- •- . -- e -- e - 5 -
28 8 - ._ - • -- - •- - .. - _ •- _ _ J
29 ` - " , - -- " ' - •- - . o
30 - - - -- •-- --- - - "- - - -- • - - c
31 e -- — " - --i- - - -• - - - - .- -- . et- _ a.
32 _ - - - _ ._ _ _ . - - - - -- 0
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33 • e - •• _-- - ••e••e - - - - - - - "" - — c.i
34 _. . . _ _,.., _._ , -••-- � e --••-- -- - -e - a e- --- ....
35 Collier County and a property owner acknowledging such a violation and a
36 - - " -s - •e -- " - --' - - - - -- --- E
37 the SIP submittal process set forth below. - rc
38 c. The site improvement plan (SIP) master plan shall illustrate the way 2
39 - -- - - - - -- - - - -- - - -- , _
40 - - -- - - --- -, -- - - - - -- - E
41 - - - - --- e - -- - - - - -- - _ - c
42 Code requirements (i.e. setbacks, space between buildings, density, and ;°
43 -- - . _ •• _ -- _ - - - - - - -- - -- - Q
44 approval of required infrastructure improvements such as those
45 - - - _ •- - - --- - - - ' - - - - -" --- -
46 - -- •- -- - -- - -- - "-- e -- --- - - - - --
47 - " - - - " - --" - - _ •- - - • --- -, ..
48 result in a Code violation is which the property owner will be required to
49 immediately remove all-mobile hames which have not received a building
50 permit and all mobile homes deemed to be unsafe and unfit for human
51 •_e - •- - e e •-•• • - --• .•. - -- -e- e- • - --- -• -
52 otherwise prohibited by state law.
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1 d. For the specific requirements concerning the SIP submission referenced
2 - e. - - -e e -- --- _• 9.9 .9- e ' -e e
3
4 # # # # # # # # # # # # #
5
6 4.02.33 - Specific Design Standards for New Mobile Home Lots in the Immokalee Urban
7 Overlay —Mobilo Home Park-Overlay-Subdistrict
8
9 The purpose of this section is to provide relief from the dimensional standards established in
10 LDC section 4.02.01 for new mobile home lots approved through an existing conditions site
11 improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay a
12 Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the -0
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13 replacement of mobile home units identified on lots established by an existing conditions site U
14 improvement plan.
15 -o
16 A. Dimensional standards. ..
17 r°
18 Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay r
19 Subdistrict to
20 r
Design Standard do
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Minimum lot requirements ,2,400 square E
Single-wide units i feet c
Double-wide units 3,500 square Q
feet rJ
Minimum lot width -,
Single-wide units 35 feet o
Double wide units 45 feet c
0.
Minimum setback requirements I E
Interior roads 0
Front yard '10 feet i w
Side yard 15 feet 1 c
Rear yard !8 feet E
Public road frontages
120 feet
Minimum space separation between structures for cluster development or
10 feet
zero lot line development I c
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Minimum floor area for replacement units 1320 square }
feet 0
22 B. Where a public water line is available, a hydrant will be required to serve the park.
23 Should water line pressure be inadequate, arrangements shall be made to seek
24 --- - ... - - __ _ •_-- - -- .. - --- -.._. - ' ---- - -
25 is adequate for fire protection.
26 GB. A dumpster or enclosure for individual containers is required in accordance with section
27 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15)feet from any
28 public street.
29 C. Private roads leading to and serving the mobile home park or mobile home lots must
30 be improved and maintained, and shall consist of a dust free surface with a minimum
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1 width of twenty (20)feet. The dust free surface may consist of aggregate material
2 treated with oil-based material that will bind the aggregate material into a form of
3 macadam road finish. A drainage ditch capable of storing the first one inch of rainfall
4 shall be incorporated into the right-of-way design-cross section, exclusive of the
5 required twenty (20)feet. Drainage shall be directed to a public road via the private road
6 and/or easement conveyance, unless it can be proved that the on-site percolation rates
7 exceed the on-site retention requirement.
8 # # # # # # # # # # # # #
9
10 10.02.05 - Construction, Approval, and Acceptance of Required Improvements
'3
12 F. - --_.• -.._. _ -- , - - - •• - "ee• - —_ -- e . - ---- a
13 - --- -- - - __- _.._. - - - - - - --- -- - - - - c-
14 an SIP, the property owner and/or agent is required to have a pre application
15 -•-- - • - —e. . —e-' : anning staff. Coordinating this procese will be the Q
16 - -- - - '" - - - - - •- _ - -- - - -- " - '- ••-- _
17 _ _. - _ -- - - - - _ -- ••-- -- _ - _ °o
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18 - -- - ---• _ - -- - - - - - •_ ..__ _ _ _ - -
19 plan showing the location of all buildings and structures, and preferably a draft co
20 plan showing the proposed layout of buildings and infrastructure improvements. c
21 The applicant shall consult with the Immokalee Fire Department and the o
22 Immokalee Sewer and Water District prior to the pre application meeting. Within c
23 -- - _ " --- -- - ••-- -- - - - -- • -- _ - a)
24 --- -- - - - ---- - ---- - e -- - - - - - --- _ c
25 _ _ e .-. : •- : ::- _. ..- -- •• •- - • _ m
26 remove all buildings and structures as provided above unless otherwise Q
27 prohibited by state law. 0
28 2. SIP submi -cion requirements, preparation standards and notes. o
29 a. An application for an SIP on a form prepared by Collier County shall be o
30 - - - •- - - -- - -" - --" - - ._ _ .. _ _ o
31 affidavit as indicated on the application form. °-
32 b. A survey plan showing all buildings and structures, their uses and the o
33 actual size of the structures.
34 c. A site improvement plan showing the proposed location of all buildings, c
35 _ - . • : - - -- - - - - -- " - - - •-• co
36 illustrating the following information: E
37 i. Park name, addresc and phone number of agent preparing the u
38 plan and address and phone number of the property owner. C
39 ii. Folio number(s) of property and total site arca. c
40 iii. Zoning designation and land use on subject and adjacent E
41 property. c)
42 iv. North arrow, scale and date. 111
43 v. Landscaping, proposed and existing. ::-'t
44 vi. Parking spaces.
45 vii. Setbacks and space between building measurements.
46 viii. Location and arrangement of ingress/egress points.
47 -" - - -- - - --- --- - "-- - e •" -- -
48 within the park.
49 x. Location of all structures in the park (units, office, accessory
50 building, etc.)
51 xi. Location of dumpster er trash container enclosure.
52 xii. Location and height of walls and/or fences.
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1 ... - - _ee --- -• e e -- ..-e
2 2 -
- - - - - -- - - - - -- - -
3 d. Plans do not have to be signed and sealed by a professional engineer,
45 - - - - - -- - •-- - -- -- - - -- -
6 - -- - -- -- - - - -- - - - - ' - - - _ ---
7 - - -- - - , - - -- - - - - - - -- -- -
8 e. Prior to approval of the SIP the county building inspector will identify all
9 mobile homes not meeting minimum housing code standards and
10 minimum floor area requirements for mobile homes as defined in this
12 _ - _ ._ -eee - - _ - -• -• - - a
13 law and shall be so indicated on the SIP.
14 f. Mobile home units meeting the housing code and as defined in this Code c
15 - - - - - - - - -- -- - -- e -0
16 _ -- • - - - - - - - - •- e - - Q
17 g. The number of units approved on the SIP will be allowed to remain, ti
18 except for those identified substandard units which must be removed in
19 accordance with the timeframes referred to in section 10.02.05 F.2.e. up
20 - -- , - - - - --• ----- - -- - -- - - - ' - _ _ o
21 - - - -- - - -- .. _ _--- -- - -- -
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22 h. A right of way permit shall be required, subject to subsection 10.02.03 c
23 B.1.j. d
24 3. Landscaping: Landscape improvements shall be shown on the SIP, either -0
25 separately or collectively on the same sheet as the site plan. Existing trees may 0
26 be credited pursuant to section '1.06.0'1 D. of this Code. Q
27 a. The plan shall be prepared by a landscape architect, landscape designer o
28 or landscape contractor or paraprofessional associated with such a firm
29 - - - - - - - - -- - - • - ' - - - - - o
30 requirements. Landscape plans do not need to be signed and sealed 'R
31 when prepared by a licensed landscape architect. E
32 b. Landscaping requirements are as follows: o
33 i. A ten foot wide landscape buffer, with 1 single hedgerow and
34 trees spaced 30 feet on center along property lines abutting a
35 CD
36 ii. Trees spaced 50 feet on center along internal boundary lines. t
37 iii. Permitted trees include live oak, sycamore, red maple, and sweet
38 gum. Under electrical transmission lines, simpson stopper,
39 • -- e .., - - •e - e e- -- e -- _ - c
40 permitted. E
41 '- -- e - - - - -- - ---- ' -c
42 per tree.
43 4. Implementation time frame: The site improvement plan shall be implemented and Q
44 -- - - • - • ---- -_ _- . - - - - ••'
45 __•...- - - -•• .- -. - e - ' --- e - •
Number of units/projectLength of time
10 or lees 118 months
11 to 25 I30 months
26 to 50 1/12 months
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more than 50 51 months
1
2 a. Projects approved with an implementation timeline in exce'c of 18
3 .. .... - -- - -- -- •�' -_
Project Implementation Timeline #of Phases Phase Time' nes
18 months 118 months
118 months First Phase
30 months 30 months Second Phase
!18 months First Phase
12 months 3 ' —e• • ---*•: - v
— __ --- 18 months First Phase -0
51 months 4 o0
51 months Fourth Phase
5 b. Building permits must be obtained for each unit when relocated and
6 replaced within an approved park, otherwise the code enforcement action
7 - ----- - - - '- - - - --- -- -- - - -• i i •9-
- c
8 F.2.e. E
9 # # # # # # # # # # # # #
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Collier County Land Development Code I Administrative Procedures Manual Attachment 1
Chapter 4 I Administrative Procedures
Irnmokalee Nonconforminci Mobile Home Parks or Mobile
Home Sites gy Existing Conditions Site improvement Plan
Reference LDC subsection "t i
Applicability This procedure applies to mobile home parks or mobile home sites pursuing an existing
conditions site improvement plan and which meet the criteria established in LDC section
C3 U
Pre-application A pre-application meeting is required unless waived by the County Manager or designee
Ts
at the request of the applicant, pursuant to LDC subsection
initiation The applicant files an "Existing Conditions Site Improvement Plan Application"with the
Planning&Zoning Department.
Application Submittal Credentials:The site improvement plan,as described below, is not required to 0o
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contents and Site be signed and sealed by a Professional Surveyor and Mapper or a professional engineer.
Plan Requirements The specific purpose survey,as described below,shall be signed and sealed by a
Professional Surveyor and Mapper.
Sheet size:The coversheet and site improvement plan shall be prepared on a size sheet
measuring 24 inches by 36 inches and drawn to scale. c
a>
The application must include the following:
m
1. Applicant contact information.
2. Addressing checklist.
3. Cover letter briefly explaining the project.
E 4. A copy of the last recorded deed,contract for sale or agreement for sale,or a =
notarized statement demonstrating ownership and/or control of the mobile home
park or mobile home site or parcel of land. ni
5. Site improvement plan shall include:
• Cover Sheet with the following information: s
o Project title and the name,address and phone number of the
preparer of the plans;
o Zoning designation of the subject property and adjacent sites; 1=
o Vicinity map clearly identifying the location of the development
within the Immokalee Urban Overlay and its relationship to the
surrounding community;
o The property appraiser's property identification number(s)/folio
number(s)for the subject property;and
o Scale, north arrow,and date.
o Acreage of site;
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 I Administrative Procedures
o Number of mobile home units; Attachment 1
o Number of vacant lots;
• Illustration of existing conditions,such as:
o Site address of mobile home units;
o Location and dimension of access point(s)to the site;
o Directional movement of internal vehicle traffic;
o Location and configuration of streets;
o Location and configuration of parking spaces and loading areas; a
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o Location of fire hydrants and fire alarms, if any;
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o Location, dimension and configuration of existing infrastructure,
such as utilities,drainage facilities for the park;and o
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o Utility connections for mobile home units.
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6. Specific purpose survey shall include the following:
• The name and contact information of the person who prepared the site
improvement plan; _
m
• Property boundaries; -
• Location and configuration of mobile home units,vacant lots,and other a'
structures; O
• Location and dimension of access point(s)to the site;
• Separations between mobile home units and other structures;and
a
• Easements. E
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7. Any additional relevant information as may be required by the Planning&Zoning U
GV
Department.
Completeness and The Planning&Zoning Department will review the application for completeness.After s
Processing submission of the completed application packet accompanied with the required fee,thecls
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed.Accompanying that response will be a receipt for the
payment and the tracking number(i.e.,XX201200000)assigned to the petition.This
petition tracking number should be noted on all future correspondence regarding the
cc
petition.
Notice No notice is required.
Public Hearing No public hearing required.
Decision maker The County Manager or designee.
Review Process The Planning&Zoning Department will review the application, identify whether
additional materials are needed and approve,approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
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Collier County Land Development Code I Administrative Procedures Manual Attachment 1
Chapter 4 I Administrative Procedures
Digital Submittal After the existing conditions site improvement plan has been approved by the County
Reauirements Manager or designee for compliance with the LDC as provided in section the
applicant shall submit:
1. Digital copy of the site plan document.
Undated,
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Attachm,--
Public Comments Regarcing LDC Amendment 2.03.07 Nonconforming
Moaile Home parks, 4.02.33 Specific Design Standards for Immokalee —
Mobile Home Part Overlay Suacistrict, and 10.02.05 Construction,
Approval, and Acceptance of Required Improvements
Name:Carrie Williams
Affiliation: Mobile Home Park Owner -0
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The following is a summary of Ms. William's comments provided by phone on May 24,2016:
• Supports mobile homes as an affordable housing option.
• Supports the ability for mobile home owners to be able to replace units. `1
• Wants to make it clear that this will impact all nonconforming mobile homes in Immokalee, ti
including those outside of parks. Does not support the relief provided to the nonconforming
mobile homes outside of the parks and that this will have a major impact on the community.
This issue needs more time in order to vet it with the community.
• Does not agree that relief should be provided to park owners who recently purchased a o
nonconforming mobile home park.
• Supports timeframe for completing the process.
• Supports the 1993 plan process/concept to remove older mobile home units.
• Has concerns that park owners don't have a process to help mobile home owners replace their
units. Notes there are some health, safety, welfare issues with the older mobile homes that are
owned by non-park owners.
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