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Agenda 04/22/2014 Item # 10A 4/22/2014 10.A. BrockMaryJo From: HillerGeorgia t.' "Dent: Wednesday, March 26,2014 8:14 AM fo: OchsLeo; CasalanguidaNick; BosiMichael; KlalzkowJeff Subject: Trailer SIP Program To all: I would like to bring the SIP vote back for reconsideration. With thanks, Commissioner Georgia Hiller Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Packet Page-24- 4/22/2014 10.A. COLLIER COUNTY Board of County Commissioners Item Number: 10.A Item Summary: Request for Reconsideration of Item 16A15,moved to Item 11F,from the March 25,2014 BCC meeting titled: Recommendation to direct staff to bring back an expedited amendment to Land Development Code(LDC), Section 2.03.07.G.6.b,adjusting the date for program participation regarding Immokalee Nonconforming Mobile Home Parks to January 9,2020. (Commissioner Hiller) Meeting Date: 4/22/2014 Prepared By Name:MaryJoBrock Title:Executive Secretary to County Manager,County Managers Office Approved By Name: ochs_l Title: County Manager,County Managers Office Date: 04/14/2014 01:40:59 PM t"'1 Packet Page-25- 3/2; 4/22/2014 10.A. EXECUTIVE SUMMARY Recommendation to direct staff to bring back an expedited amendment to Land Development Code (LDC), Section 2.03.07.G.6.b, adjusting the date for program participation regarding Immokalee Nonconforming Mobile Home Parks to January 9,2020. OBJECTIVE: To have the Board of County Commissioners (BCC) direct staff to initiate an amendment to LDC section 2.03.07.G.6.b., to adjust the time frame for participation within the Immokalee Nonconforming Mobile Home Park Overlay from January 9, 2003 to January 9, 2020. CONSIDERATIONS: The purpose and intent of the Immokalee Nonconforming Mobile Home Park Overlay was to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area and to provide a method to upgrade these parks while requiring the elimination of substandard units. In addition, to allow park owners to take advantage of alternative development standards in order to cause some upgrading of improved conditions that would normally be required of conforming mobile home parks. The program has been closed to participation with the passing of the January 9, 2003 date. It should be noted, that section 2.03.07.G.6, still allows nonconforming mobile park owners to participate through a, "Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation • will be cured through the SIP submittal process." At the February 11, 2014 Board of County Commissioners Public Hearing, direction was given to staff to re-establish the nonconforming mobile home park program for property owners who are seeking participation. The re-establishment of the program will allow park owners to gain compliance by satisfying the requirements of the original program. For parks that cannot gain compliance with the minimum standards of the section, compliance can still be sought through the Site Plan with Deviation for Redevelopment process in combination with the Site Improvement Plan standards provided in LDC section 10.02.0.5 F. The Site Plan with Deviations for Redevelopment process will allow for the regulatory flexibility needed to address the unique circumstances of each individual mobile home park in order to gain compliance. Additional flexibility was discussed with the mobile park owners as part of the 2012 LDC amendment cycle, but that effort was placed on hold as decisions on the Immokalee Master Plan was reached by the BCC. The creation of the Site Plan with Deviation for Redevelopment process has added a component that was unavailable during the 2012 discussion and is anticipated to increase the regulatory flexibility necessary for the unique circumstances surrounding any one particular mobile home park. If provided the direction, the Growth Management Division will reach out to the mobile home park owners to resume the compliance discussion and provide an overview of what is needed to satisfy the program requirements. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Immokalee Nonconforming • Mobile Home Park Overlay has been found to be consistent with the Growth. Management Plan Packet Page-533- Packet Pa:e-26- 312E 4/22/2014 10.A. and the proposed LDC amendment to extend the date the program is open will not alter this (P'■ finding. FISCAL IMPACT: There are no fiscal impacts for the County associated with the item. LEGAL CONSIDERATIONS: This item is approved for form and legality.A majority vote is needed for Board approval.-HFAC STAFF RECOMMENDATION: That the BCC direct staff to initiate and expedite an amendment to LDC section 2.03.07.G.6.b., to adjust the time frame for participation within the Immokalee Nonconforming Mobile Home Park Overlay from January 9, 2003 to January 9, 2020. Prepared by: Mike Bosi,AICP,Director, Department of Planning and Zoning Services Attachments:"A"Draft LDC Amendment • Packet Page-534- Packet Pa_e-27- 3/25 4/22/2014 10.A. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Raft. Note: This is a draft amendment which requires public vetting and recommendations from the Development Services Advisory Committee and the Collier County Planning Commission. ORIGIN: Board Direction AUTHOR: Mike Bosi, AICP,Director DEPARTMENT: Planning and Zoning Department,Growthkanagement Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle .✓^ • LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: To extend the date by which prop F, y owners of nonconforming mobile home parks within the Immokalee Urban Overlay District can submit a Site Improvement Plan in accordance with LDC in order to become compliant. The program x ha .een closed to P artici ation since January 9, 2003 date and it is proposed that it is extended until"January 9,2020 :. Ap s REASON: The proposed amendment follows`the Board of County Commissioners direction on February 11, 2014 to re-establish the ImnaokaleeNonconforming Mobile Home Park Overlay Subdistrict program for:park owners who eek to participate T oopening of the program will provide mobile home park-owners the opportunity°to'gam compliance and to replace existing mobile home units with new mobile home units ,;Because the mobile home parks are deemed nonconforming, they have not been able to replace units unless they have an approved Site Improvement Plan jaaw„ The reestablishment of";the program will allow for park owners to utilize the Site Improvement Plan standards outlined'in LDC section 10.02.05'F to become compliant. For parks that cannot gain compliance with these provisions,.compliance may be sought through the Site Plan with Deviations for"Redevelopment=process The Site Plan with Deviations for Redevelopment is designed to address site specific circumstances which require deviations through a public process. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts for the County associated with this item. RELATED CODES OR REGULATIONS: LDC sections 10.02.03 F and 10.02.05 F. GROWTH MANAGEMENT PLAN IMPACT: There are no fiscal impacts for the County associated with the item. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,March 2014. • Amend the LDC as follows: 1 Packet Page-537- Packet Pa:e-28- 3/25 4/22/2014 10.A. Text underlined is new text to be added. Bold text indicates a defined term 2.03.07 Overlay Zoning Districts r•N 2 G. Immokalee Urban Overlay District.To create the Immokalee Urban Overlay District with 3 distinct subdistricts for the purpose of establishing development criteria suitable for the 4 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 5 Urban Overlay District are delineated on the maps below. 6 * * * * * * * * * * 7 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of 8 special conditions for these properties which by virtue of actions preceding the 9 adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be 10 nonconforming as a result of inconsistenciesaWith the land development code, 11 and are located within the Immokalee Urban Boundary as depicted on the 12 Immokalee Area Master Plan. .., 13 a. Purpose and intent. The purpose bfthese;provisions is to recognize that 14 there are nonconforming mobile home parks in the Immokalee Urban 15 Area, to provide incentiveslthipgrade these;parics while requiring the 16 elimination of substandard.units, and to allow pads owners to take 17 advantage of altemativeAe relopment standards n order to cause some 18 upgrading of conditions that would normally be required-of conforming l tra 19 mobile home parks.Traveilers, regardless of the"'square footage, are 20 not permitted>as apermanent habitable structure. 21 b. Required siteirriprovement plan application. The property owners of all 22 nonconforming.mobile-#some developments/parks that were in 23 existence before November13, 1991 i e= hat predate Ordinance No 91- 24 102Ane land development cociel hall be mired to submit a site 25 improvement plan (SIP) meetingthe~standards set forth below by chary ilk 26 . , 2003 January 9. 2020 orthereafterwithin the time frame set forth in an 27 order of the Code Enforcement Board finding a violation of this section, or 28 by thei date Set forth in a Compliance or Settlement Agreement entered 29 into between Coiiier;County and a property owner acknowledging such a 30 qc violation and also establishing;the date by which such violation will be 31 cured through the SIP submittal process set forth below. 32 c. The site improvement plan (SIP) master plan shall illustrate the way 33 existing,buildings,are laid out and the infrastructure (i.e. utilities, streets, 34 drainage landscaping, parking and the like)to serve those buildings. 35 The number and location of buildings shall be reviewed for consistency 36 with Code requirements (i.e. setbacks, space between buildings, density, 37 and the like). Similarly, the SIP shall serve to provide a basis for obtaining 38 approval of required infrastructure improvements such as those 39 referenced herein. The approved SIP showing all of the above shall 40 become the official record acknowledging the legal use of the property. 41 Failure to initiate this process within the time frames set forth above, will 42 result in a Code violation in which the property owner will be required to 43 immediately remove all mobile homes which have not received a 44 building permit and all mobile homes deemed to be unsafe and unfit for 45 human habitation, and otherwise contrary to the county's housing code 46 unless otherwise prohibited by state law. 47 d. For the specific requirements concerning the SIP submission referenced 48 in b. and c. above, see Section 10.02.05 F. of this Code. # # # # # # # # # # # # # • 2 Packet Page-538- Packet Pa:e-29-