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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. 11.A Packet Pg. 116 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) 11.A Packet Pg. 117 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 Packet Pg. 118 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)