Agenda 01/14/2020 Item #17G (Ordinance - Amending Ordinance 2019-01 and 2006-35)01/14/2020
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinances 2019-01, as amended, The State of
Florida Model Floodplain Management Ordinance and, specifically subsection eleven (11)B;
“Placement of Temporary Emergency Housing within the Flood Hazard Area” and Ordinance
2006-35, as amended, The Post-Disaster Recovery Ordinance, especially section seven;
“Determination of Damage, Buildback Policy, Moratoria, Emergency Repairs, and Emergency
Permitting System in order to allow additional time extensions for the placement of temporary
emergency housing; providing for conflict and severability, the providing for inclusion into the
Code of Laws and Ordinances, and providing for an effective date.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed
amendment to the Code of Laws and Ordinances regarding an administrative approval to extend a
temporary use permit for six month periods for temporary emergency housing.
CONSIDERATIONS: On May 14, 2019, the Board directed staff to create the Plantation Island Overlay
(PIO) and amend the Code of Laws to allow for a six-month extension beyond a one year allowance for
Recreational Vehicles (RV) while constructing a home.
During the public vetting process and prior to the Board’s approval on June 11, 2019, of the PIO, the
Planning Commission became aware that an administrative approval to allow temporary emergency
housing beyond a six month period would require the Board or Emergency Review Board approval.
Residents from the community of Plantation Island and Chokoloskee Island found homes can take much
longer than one year to rebuild, and the approval by the Board or Emergency Review Board would be
burdensome for temporary emergency housing.
This amendment seeks to remove the public burden by allowing for an administrative approval by the
County Manager or designee to grant 6-month extension periods for temporary emergency housing under
certain conditions. The conditions are when a building permit is active, additional time is required to
obtain a certificate of approval, and any cause in the delay of construction activities has not been by
action of the homeowner and is due to uncontrollable events such as unavailable construction materials,
subcontractors, and essential services.
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -SAA
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with
this action.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION:
This amendment was unanimously approved by the Development Services Advisory Committee-Land
Development Review (DSAC-LDR) subcommittee on September 17, 2019.
This amendment was unanimously approved by DSAC on October 02, 2019.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This
amendment was unanimously approved by the Planning Commission on November 21, 2019.
17.G
Packet Pg. 2206
01/14/2020
RECOMMENDATION: To approve the proposed amendment to the Code of Laws and Ordinances
regarding an administrative approval to extend a temporary use permit for six month periods for
temporary emergency housing.
Prepared By: Richard Henderlong, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Ordinance - 121919 (PDF)
2. Code of Laws 62-79 and 38-07 Amendment 12-01-19 (PDF)
3. Legal Ad - Agenda ID 11088 (PDF)
17.G
Packet Pg. 2207
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G
Doc ID: 11088
Item Summary: Recommendation to adopt an Ordinance amending Ordinances 2019-01, as
amended, The State of Florida Model Floodplain Management Ordinance and, specifically subsection
eleven (11)B; “Placement of Temporary Emergency Housing within the Flood Hazard Area” and
Ordinance 2006-35, as amended, The Post-Disaster Recovery Ordinance, especially section seven;
“Determination of Damage, Buildback Policy, Moratoria, Emergency Repairs, and Emergency Permitting
System in order to allow additional time extensions for the placement of temporary emergency housing;
providing for conflict and severability, the providing for inclusion into the Code of Laws and Ordinances,
and providing for an effective date.
Meeting Date: 01/14/2020
Prepared by:
Title: Planner, Principal – Growth Management Development Review
Name: Richard Henderlong
12/10/2019 2:16 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/10/2019 2:16 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/10/2019 3:01 PM
Zoning Jeremy Frantz Additional Reviewer Completed 12/11/2019 3:57 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/13/2019 12:28 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:58 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/26/2019 1:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2019 3:11 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 4:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 10:41 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2020 8:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
17.G
Packet Pg. 2208
17.G.a
Packet Pg. 2209 Attachment: Ordinance - 121919 (11088 : Temporary Emergency Housing)
17.G.a
Packet Pg. 2210 Attachment: Ordinance - 121919 (11088 : Temporary Emergency Housing)
17.G.a
Packet Pg. 2211 Attachment: Ordinance - 121919 (11088 : Temporary Emergency Housing)
17.G.a
Packet Pg. 2212 Attachment: Ordinance - 121919 (11088 : Temporary Emergency Housing)
1
L:\LDC Amendments\Current Work\Temporary Emergency Housing (PL20190001899)\Code of Laws 62-79 and 38-07 Amendment 12-01-
19.docx 12/4/2019
CODE OF LAWS AND ORDINANCES AMENDMENT
PETITION
PL20190001899
SUMMARY OF AMENDMENT
This amendment seeks to assist and streamline post disaster recovery
efforts for permanent home owners that require an extension for an onsite
temporary emergency housing permit after the Board’s declaration of
emergency. The amendment shall allow an administrative approval by the
County Manager or designee, to extend a temporary use permit for six
months periods until a certificate of occupancy has been issued.
CODE OF LAWS AND ORDINANCES SECTION TO BE
AMENDED
62-79 Temporary Emergency Housing
38-07 Determination of Damage, Buildback Policy, Moratoria,
Emergency Repairs, and Emergency Permitting System
ORIGIN
Planning Commission
HEARING DATES
BCC 01-14-20
CCPC 11-21-19
DSAC 10-02-19
DSAC-LDR 09-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
When Ordinance 2019-09 was adopted by the Board on June 11, 2019, the Plantation Island Overlay
District (PIO) was established with a new use to allow single family homes to be constructed within
Plantation Island.
At the Neighborhood Information Hearing of November 15, 2018 in Everglades City, some residents
requested there be an allowance to live in a recreational vehicle until their home was rebuilt. During the
public vetting process, the Collier County Planning Commission received comments from Plantation
Island and Chokoloskee Island area residents who had experienced difficulty with completing their
permanent home construction because of uncontrollable events related to post disaster Hurricane Irma’s
impact. To obtain temporary emergency housing, these residents found the temporary use permit time
period of 180 consecutive days was burdensome and homes can take longer than one year to rebuild.
Subsequently, the Planning Commissioners decided a six-month period for the temporary use of an
onsite recreational vehicle or mobile home was not enough time to build-back some permanent homes.
Accordingly, the Planning Commissioners unanimously agreed to recommend the Board authorize staff
to evaluate the need to extend, beyond six months, such permits for temporary emergency housing and
decide whether the extension period could be administratively implemented and if necessary, past one
year.
17.G.b
Packet Pg. 2213 Attachment: Code of Laws 62-79 and 38-07 Amendment 12-01-19 (11088 : Temporary Emergency Housing)
2
L:\LDC Amendments\Current Work\Temporary Emergency Housing (PL20190001899)\Code of Laws 62-79 and 38-07 Amendment 12-01-
19.docx 12/4/2019
For natural or man-made disasters, the Board’s determination of the need for temporary emergency
housing is set forth by Code of Law (COL) Section 62-79 titled “Temporary Emergency Housing”.
Additionally, for Civil Emergencies to expedite post disaster recovery efforts, COL Section 38-7
stipulates the temporary use of recreational vehicles for living purposes is applicable for six months
where damage has rendered the principal residence uninhabitable. In addition, the Board of County
Commissioners or the “Emergency Review Board” may extend the period by considering the extent and
severity of the disaster. Subsequently, an extension for temporary emergency housing beyond 180 days
requires the Board or Emergency Review Board approval. This amendment proposes to authorize the
County Manager or designee to approve temporary use permit extensions for six-month periods,
provided certain conditions are met, rather than the Board or Emergency Review Board.
Staff evaluated temporary use permits associated with post disaster recovery and found the primary delay
in construction activity had not been by action of the home owner, but rather by uncontrollable events
such as unavailable construction materials, subcontractors, and essential services. Staff is
recommending, to avoid any potential for abuse or misinterpretation, a temporary use extension could
be granted only when: the building permit is active, the home owner’s actions have not caused a delay
in construction activity, evidence of uncontrollable events that caused a construction delay is justifiable,
and additional time is required to obtain a certificate of occupancy.
FISCAL & OPERATIONAL IMPACTS
The amendment shall reduce staff’s time and
improve the process for homeowners to
obtain a temporary use permit for temporary
emergency housing.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A- Temporary Placement of RV and Travel Trailer Application
17.G.b
Packet Pg. 2214 Attachment: Code of Laws 62-79 and 38-07 Amendment 12-01-19 (11088 : Temporary Emergency Housing)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
L:\LDC Amendments\Current Work\Temporary Emergency Housing (PL20190001899)\Code of Laws 62-79 and 38-07 Amendment
12-01-19.docx 12/4/2019
Amend the Code of Laws as follows: 1
2
Chapter 62 - FLOODS 3
Article II. - FLOODPLAIN MANAGEMENT 4
Section 62-79. - Temporary emergency housing. 5
6
A. Establishing the Need for Temporary Emergency Housing. To establish the need for 7
temporary emergency housing, the Board of County Commissioners must determine and 8
declare by simple majority vote that an emergency condition exists due to a natural or man-9
made disaster. Based upon that disaster declaration the County Manager, in consultation 10
with the Emergency Management Director and the Floodplain Administrator, is authorized to 11
allow for temporary emergency housing in the special flood hazard area. 12
13
B. Placement of Temporary Emergency Housing within the Flood Hazard Area. The Board of 14
County Commissioners or the County Manager or designee, in coordination with the 15
Floodplain Administrator, may allow for post-disaster emergency temporary manufactured 16
homes, recreational vehicles or similar resources provided by federal, state, and local 17
agencies within the flood hazard areas for a period of six months pursuant to subsection F 18
below. This period may be extended by the Board taking the extent and severity of the 19
disaster into account. Additional six-month extensions for temporary emergency housing 20
may be administratively approved, by the County Manager or designee, when: 21
22
1. A homeowner has an active building permit and additional time is necessary 23
for an issuance of the certificate of occupancy; and 24
25
2. Any delay in construction activity has not been caused by action of the 26
homeowner and is the result of an uncontrollable event such as unavailable 27
construction materials, subcontractors, or essential services. 28
29
C. Temporary Emergency Housing Prohibitions. Temporary emergency housing shall not be 30
located in the VE or the Coastal A flood zones. 31
32
D. Installation Standards. Manufactured homes shall be placed in a manner consistent with 33
Section 15 (§ 62-83) of this ordinance. Recreational vehicles or similar road ready vehicles 34
shall comply with the requirements of Section 16 (§ 62-84) of this ordinance. 35
36
E. Emergency Notification and Evacuation Plan. An emergency notification and evacuation plan 37
shall be prepared to ensure the safety of the occupants of the temporary emergency 38
housing. The emergency notification and evacuation plan shall be submitted, within thirty 39
(30) days of occupancy of the temporary emergency housing units, for review and approval 40
to the Collier County Division of Emergency Management. 41
42
F. Permit for the Temporary Placement of Emergency Housing. Prior to the placement of all 43
temporary emergency housing in the special flood hazard area, the applicant shall be 44
required to submit a temporary permit application to the Floodplain Administrator affirming 45
that the structure is in compliance with this Section and 44 CFR 60.3(e). 46
47
G. Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this section shall 48
be consistent with Ordinance No. 2006-35, Section 7. 49
# # # # # # # # # # # #50
17.G.b
Packet Pg. 2215 Attachment: Code of Laws 62-79 and 38-07 Amendment 12-01-19 (11088 : Temporary Emergency Housing)
DRAFT
4
L:\LDC Amendments\Current Work\Temporary Emergency Housing (PL20190001899)\Code of Laws 62-79 and 38-07 Amendment
12-01-19.docx 12/4/2019
Chapter 38 - CIVIL EMERGENCIES 1
ARTICLE I. - POST-DISASTER RECOVERY 2
Sec. 38-7. - Determination of damage, buildback policy, moratoria, emergency repairs, and 3
emergency permitting system. 4
* * * * * * * * * * * * * 5
(c) To expedite recovery efforts and repair to damaged structures, the emergency review board 6
is further authorized to: 7
(1) Allow the temporary use of recreational vehicles for living purposes on property 8
where damage has rendered the principal residence uninhabitable for a period of six 9
months after the disaster event. This period may be extended by the board taking the 10
extent and severity of the disaster into account. Additional six-month extensions for 11
the temporary use of recreational vehicles may be administratively approved, by the 12
County Manager or designee, when: 13
14
1. A homeowner has an active building permit and additional time is necessary 15
for an issuance of the certificate of occupancy; and 16
17
2. Any delay in construction activity has not been caused by action of the 18
homeowner and is the result of an uncontrollable event such as unavailable 19
construction materials, subcontractors, or essential services. 20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
17.G.b
Packet Pg. 2216 Attachment: Code of Laws 62-79 and 38-07 Amendment 12-01-19 (11088 : Temporary Emergency Housing)
DRAFT
5
L:\LDC Amendments\Current Work\Temporary Emergency Housing (PL20190001899)\Code of Laws 62-79 and 38-07 Amendment
12-01-19.docx 12/4/2019
Exhibit A-Temporary Placement of RV and Travel Trailer Application
Permit for the Temporary Placement of a Recreational Vehicle
or a Travel Trailer Post Hurricane Irma
Pursuant to the Board of County Commissioners (10/10/17 Agenda Item 16.A.22), a Recreational Vehicle (RV) or a Travel Trailer (TT)
may be allowed as a temporary use for living purposes on property where the principal residence (including a mobile home) has been
rendered and confirmed by County Staff uninhabitable, so long as the RV/TT is on the site for 180 consecutive days or less, is not
parked, stored, or encroach on any right-of-way easement, and is fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site only a quick disconnect type utilitie s and security
devices and has no permanently attached additions.
Instructions and General Information for Applicant:
1. Email this completed application and photos of the uninhabitable principal residence to permitpostirma@colliergov.net. Photos
may include images of exterior and interior damages. In the email, include the applicant name, contact information, and address
of the principal residence. A photo of this application is sufficient, but it must be complete and legible. Should emailing t he
application and photos be prohibitive, applicants may visit the Growth Management Department at 2800 North Horseshoe Drive,
Naples, FL 34014 or the Immokalee Permitting Office located at 310 Alachua St., Immokalee, FL, 34142 to submit this applicati on
and photos. County Staff reserves the right to conduct an on-site inspection of the principal residence to determine habitability.
2. County Staff will inform the applicant by email or in person whether application has been approved, if additional information is
needed, or if the application has been denied. If approved, County Staff will provide a copy of the signed application to the
applicant and maintain a copy at the Growth Management Department at 2800 North Horseshoe Drive, Naples, FL 34014.
3. Applicant shall place the copy of the approved application in the driver’s side windshield of the RV/TT or in the window next to
the door if there is no driver’s side windshield.
4. A temporary electrical pole must be applied for separately, visit www.colliergov.net/buildingapplications.
5. Applicants are encouraged to obtain a building permit to repair/replace the damaged principal residence as soon as possible.
6. There is no fee for this temporary permit.
7. If the RV/TT is provided by FEMA (with applicable documentation).
Application Information:
Name of Applicant: Date of Request:
Phone Number: Email:
Address of Primary Residence:
Describe damages incurred to Primary Residence:
Address where the RV/TT will be placed:
Check the method for electrical connection: I will be applying for a temporary electrical pole OR I will be connecting to
the existing electrical meter at the primary residence.
Check the type of temporary housing: RV OR TT provided by FEMA; FEMA Registration Number:
OR RV OR TT is licensed by occupant; License # of the RV/TT:
I, (name of applicant) on (date) understand that this is a permit for the temporary placement
of a RV/TT and that this permit is valid for 180 consecutive days or less, starting on the date of approval, noted below. I a ffirm that the
RV/TT is, and will remain ready for highway use at all times. I further certify that the RV/TT complies with the requirements of agenda
item 16.A.22, and will be removed from the property within 180 days, and agree to all terms, conditions, and compliance requirements
outlined in the Collier County Land Use and Building code. I agree to heed evacuation orders issued by local emergency mangers and
understand that this RV/TT is not designed to be used as a shelter during a severe storm or whether related incident.
Signature:
Staff Only Section:
Date:
County Staff Approval: _ Approval Date:
Date the Permit Expires: _ Permit #: _
Approval Method:
17.G.b
Packet Pg. 2217 Attachment: Code of Laws 62-79 and 38-07 Amendment 12-01-19 (11088 : Temporary Emergency Housing)
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS'
sIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2019-0',1. A5
AMENDED. THE STATE OF
FLORIDA MODEL FLOODPLAIN
MANA6EMENT ORDINANCE
aNo. spectrtcnLuv secrton
EiEVEN (rr-B); "TEMPoRARY
EMERGEhicy HouslNc", AND
AMENDING ORDINANCE 2006'
ri. ls lurttoeo, THE Posr-
oriastrR nEcovEnY onot'
NANCE- SPECIFICALTY SEC'
TION SEVEN (7-3.A); ,,DETER.
narunrtoru oF DAMAGE,
Riiii DBACK PoLtcY, MoRATo-
nrn. TUERCEUCY nrpntns,
AND EMERGENCY PERMIT'
TING SYSTEM" IN ORDER TOq[ow aootTloNqt ttMe ex-
TCNSIONS FOR THE PLACE'
rurrut or Teuponnnv tnngn-
6ENcY HOUSING; PRoVIDING
FOR CONFLICT AND
SEVERABILIIY, PROVIDINGioR lNcLusloN lNTo rHE
coDE oF IAWS AND oRol-
NANCES. AND PROVIDIN6 FOR
Aru EFTECTIVE DATE.
IP1201900018991
NOTICE OF PUBLIC HEARING
NOTICE OF INTENTTO
CONsIDER AN ORDINANCE
Notice is hereby qiven that a
public hearing will be held by
the (ollier (ounty Board ot
Countv Commissione[r on Jan-
uarv 14, 2020, in the Board of
CoLinty Commissioners Meet'
inq Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
the Board of (ounty Commis-
sioners (BCc) will consider the
enadment o{ a County ordi
nance. The meetino will com-
mence at 9:00 A.M: The title
of th€ proposed ordinan<e is
a! follows:
3lltzt
o
gtJc
2
oN
,d
c{
L!
ca
Ll.t
U
At
6
d,lIi-
o
A.oov o{ the Propoted ordi_
nanrL'is on file with the Clerk
to th€ Board and is available
ior insoeclion. All interested
oarties are inviled to attend
bnd be heard.
NoTE: All Persons wilhing to
rDeak on ahv aqenda item
must reqister with the coLlnty
manader EIior ro Presentatlon
of the- aoi:nda item to be ad-
.lrP<<Fd. - lndividual tPeakers
will be limited to 3 minutes
on anv item. The selection ot
anv in'dividual to speak on be_
h,k o{ an orqanizalion or
orouD i5 en(ouaaged. lf rec_
6oniied bv the Chairman, a
..iokesoe*6n for a qroup or
droanriation may be allotted
l0- minutei to speak on an
Persons wishinq to have writ'
ten or qraPhiZ materials in-
.luded in the Board agenda
n.rrkets must submit 5aid ma_
ierial a minimum o{ 3 weeks
Drior to the respe(tive Pubhc
hearino. ln anv caqe, written
materi;ls intended to be (on_
<'dered bv the Board shall be
submitted to the approPriate
County sta{f a minimum. ol
seven days Prior to the Publlc
hearino. All materials used rn
oreleniation5 before the
hoard will be<ome a Perma_
nent part of the re(ord.
anv Derson who decides to
."6"it anv decision of the
Bb;rd will need a record ot
the Proceedings Pertainingtheroio and theretore, may
need to ensure that a vefba_
tim re(ord of the Pro(eedings
is made, v!hi.h re(ord includes
the testimony and evloence
uoon which the aPPeal is
sased.
ll vou are a Perlon with a dis_
ab'ilitv who needs anY a(com_
modition in order to Partrcr_
Date in this Proceeding, Youlrc entitled. at no (ost to You,
to the orovirion o{ certain a5_
sictan.d. Please contact the
Collier Countv Facilities Man_
eoement Division, located at
li35 Tamiami -frail East, Suile
lo1. Naolet, FL 34'112_5156,
(239) 252-8380, at least tvvo
iav! Drior to the maeting. As_
sisied listeninq devicet for the
herrino imDaired are avarla
hle in"the-BoEId o{ CountY
commi5sioners Oflice.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, JR"
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara DePUtY
clerl(
(5EAL)
Pub Date: Dec 26, 2019
#3959072
17.G.c
Packet Pg. 2218 Attachment: Legal Ad - Agenda ID 11088 (11088 : Temporary Emergency Housing)