Agenda 03/25/2014 Item #16A15 Proposed Agenda Changes
Board of County Commissioners Meeting
March 25,2014
Move Item 16A15 to Item 11F:
Recommendation to direct staff to bring
back an expedited amendment to Land
Development Code (LDC), Section
2.03.07.G.6.b, adjusting the date for program
participation regarding Immokalee
Nonconforming Mobile Home Parks to
January 9, 2020. (Commissioner Coyle's
request)
Continue Item 16A21 to the April 8,2014 BCC Meeting: Recommendation to approve an amended and
restated Developer Contribution Agreement(DCA)between DR Horton,Inc.(Developer)and Collier County
(County)to provide water management and financial contributions for the construction of Tree Farm Road.
(Commissioner Nance's request)
Add On Item 16A23: Recommendation to approve an Easement Use Agreement as it relates to Lot 4,
L'Ermitage at Grey Oaks. (Staff's request)
Continue Item 17B to the April 8,2014 BCC Meeting: This item requires that ex parte disclosure be
provided by Commission members. Should a hearing be held on this item,all participants are required to be
sworn in.Recommendation to consider an ordinance of the Board of County Commissioners of Collier
County,Florida amending Ordinance Number 08-13 which established the Brandon Residential Planned
Unit Development,to retain the density of 204 residential units; to revise the Master Plan to change the
location of the entrance road on Veterans Memorial Boulevard,to reconfigure the on-site preserve areas and
reconfigure the development area;to revise development standards; to add deviations; and to modify
development commitments including removal of the affordable housing commitment. The subject property is
located on the southeast corner of Livingston Road and Veterans Memorial Boulevard in Section 13,
Township 48 South,Range 25 East,Collier County,Florida,consisting of 51±acres; and by providing an
effective date. [PUDA-PL20130001056] (Staff's request)
3/25/2014 16.A.15.
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 seekin<7 participation, The re-establishment of he program will alloy 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 I DC section 10.02.05 F. The Site Plan with Deviations
for Redevelopmem 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 d ccu.sred with the mobile park ovaners as par`, of the 2012 Ll C arnencl dent cycle,
but that effort as placed on hold as decisions on the ?nnmohal e vias.er Plan was reached by the
BCC. The creation of the Si.:_ Plan with Deviation for Recie\elo'. nent 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 lI AN (GMIt IMPACT: The Immokalee Nonconforming
Mobile Home Park Overlay has been found to be consistent with the Growth Management Plan
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3/25/2014 16.A.15.
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
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3/25/2014 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to direct staff to bring back an 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 and to consider the proposed Land
Development Amendment an act of zoning in progress to allow for participation in the program
while the amendment satisfies the procedural due process of adoption.
Meeting Date: 3/25/2014
Prepared By
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
2/25/2014 10:51:51 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/27/2014 3:25:37 PM
Name: CilekCaroline
Title: Planner, Senior, Environmental Services
Date: 3/4/2014 9:56:44 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 3/4/2014 3:58:18 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2014 11:32:50 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 3/13/2014 10:52:09 AM
Name: KlatzkowJeff
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3/25/2014 16.A.15.
Title: County Attorney,
Date: 3/14/2014 10:35:05 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/14/2014 4:56:02 PM
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Bold text indicates a defined term
LDC Amendment Request
Note: This is a draft amendment which requires public vetting and recommendations from
the Development Services Advisory Committee and the Collier County Planning
Commission.
ORIGIN: Board Direction
AUTHOR: Mike Bosi, AICP, Director
DEPARTMENT: Planning and Zoning Department, Growth Management Division
AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1, •t <
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:
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2.03.07 Overlay Zoning Districts
1 * * * * * * * * * * * * *
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 9-2003 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.
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