Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 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 Improvements CHANGE: To provide a new application and approval process for nonconforming mobile homes sites in Immokalee to be considered a permitted use and lawful. 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 building construction standards. 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 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. 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 Urban Boundary. 1 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. The existing conditions site improvement plan application and process include the following: 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. In addition, a new application fee are associated with the process. See Attachment 2. Only the requirements and process identified in the Administrative Code section would be required. 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. 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. 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 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. 6.1.1.1 Arrangement of manufactured homes and accessory buildings or structures on the site shall not restrict reasonable access to site the emergency personnel. 6.1.1.2 Each community operator shall maintain a community site plan for review by agencies responsible for emergency services. 6.1.1.3 The site plan shall include, but shall not be limited to, the following information: (1) Street names. (2) Site separation lines (3) Site numbers (4) Water supplies for fire protection personnel (5) Fire alarms 2 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. (6) Utility disconnects 6.1.2 Each street name in the manufactured home community shall be clearly marked with signs, and each manufactured home site shall be marked for identification in a uniform manner that is clearly visible from the street serving the site. 3. The proposed amendment also addresses density of the site. Once the existing conditions site improvement plan is approved, property owners would be able to replace mobile home units with an approved building permit at sites shown on the site plan. The replacement mobile home would meet the current Florida Building Code and all other local building construction requirements (such as elevation requirements). 4. Additional provisions address situations where properties are in excess of underlying permitted density and where properties that 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. 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 —Mobile Home Park Overlay Subdistrict. 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. 6. A new fee of $750 will be added to the fee schedule for the Existing Conditions Site Improvement Plan. 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). 8. LDC section 10.02.05 F is proposed to be removed as it is no longer relevant to the proposed process. 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 3 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. existing LDC standards and procedures established LDC section 2.037, 4.02.33, and 10.02.05 have not been effective in providing legal status to the mobile home sites and therefore these 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, 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 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 nonconformities becomes very difficult. 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, 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 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 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 rental fees from increasing which 4 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. may have been needed funding by property owners 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. 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 with no changes on May 4, 2016. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are potentially mobile home parks that are inconsistent with the GMP future land use element. This amendment requests that any mobile home parks or sites be deemed consistent with the GMP by policy. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2.03.07 Overlay Zoning District * * * * * * * * * * * * * G. Immokalee Urban Overlay * * * * * * * * * * * * * 6. Nonconforming Mobile Home Site Park Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the Land Development Code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties parks in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property 5 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 b. c. g. b. and render existing mobile homes, and other structures, as lawful. to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with this LDC section 2.03.07 G.6. Application requirements. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a – Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administrative Code and this LDC section. Criteria for review. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee. i. Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. ii. The District Fire Official shall provide written confirmation that either an existing fire hydrant or a supplemental apparatus, provided by the Fire District, is adequate for fire protection. iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 through 6.1.2). Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06. G.6.c.i are met. i. Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan. ii. Where the zoning district allows for additional density, new mobile home may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.33. Required site improvement plan application. The property owners of all nonconforming mobile home developments/parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91-102, the land development code, shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section, or by the date set forth in a Compliance or Settlement Agreement entered into between 6 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 c. d. # # # 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 set forth below. The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage, landscaping, parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above, will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housing code unless otherwise prohibited by state law. For the specific requirements concerning the SIP submission referenced in b. and c. above, see Section 10.02.05 F. of this Code. # # # # # # # # # # 4.02.33 - Specific Design Standards for new Mobile Home lots in the Immokalee Urban Overlay —Mobile Home Park Overlay Subdistrict The purpose of this section is to provide relief from the dimensional standards established in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the replacement of mobile home units identified on lots established by an existing conditions site improvement plan. A. Dimensional standards. Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay Subdistrict Design Standard Minimum lot requirements Single-wide units Double-wide units 2,400 square feet 3,500 square feet Minimum lot width Single-wide units Double wide units 35 feet 45 feet Minimum setback requirements Interior roads Front yard 10 feet 7 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Side yard Rear yard Public road frontages 5 feet 8 feet 20 feet Minimum space separation between structures for cluster development or zero lot line development 10 feet Minimum floor area for replacement units 320 square feet B. CB. DC. # Where a public water line is available, a hydrant will be required to serve the park. Should water line pressure be inadequate, arrangements shall be made to seek approval of the Immokalee Fire Department to confirm that supplemental fire apparatus is adequate for fire protection. A dumpster or enclosure for individual containers is required in accordance with section 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any public street. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained, and shall consist of a dust free surface with a minimum width of twenty (20) feet. The dust free surface may consist of aggregate material treated with oil-based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right-of-way design-cross section, exclusive of the required twenty (20) feet. Drainage shall be directed to a public road via the private road and/or easement conveyance, unless it can be proved that the on-site percolation rates exceed the on-site retention requirement. # # # # # # # # # # # # 10.02.05 - Construction, Approval, and Acceptance of Required Improvements * * * * * * * * * * * * * F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 1. Pre-application meeting requirements. Prior to making an application to submit an SIP, the property owner and/or agent is required to have a pre-application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property or agent representing the owner shall bring to the meeting a survey plot plan showing the location of all buildings and structures, and preferably a draft plan showing the proposed layout of buildings and infrastructure improvements. The applicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre-application meeting. Within 90 days after the pre-application meeting, the owner/agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the requirement to remove all buildings and structures as provided above unless otherwise prohibited by state law. 2. SIP submission requirements, preparation standards and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent of the property owner in the form of an affidavit as indicated on the application form. b. A survey plan showing all buildings and structures, their uses and the actual size of the structures. 8 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c. 3. A site improvement plan showing the proposed location of all buildings, and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) illustrating the following information: i. Park name, address and phone number of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. iii. Zoning designation and land use on subject and adjacent property. iv. North arrow, scale and date. v. Landscaping, proposed and existing. vi. Parking spaces. vii. Setbacks and space between building measurements. viii. Location and arrangement of ingress/egress points. ix. Type of surface of all access roadways leading to the park and within the park. x. Location of all structures in the park (units, office, accessory building, etc.) xi. Location of dumpster or trash container enclosure. xii. Location and height of walls and/or fences. xiii. Where applicable, dimensions of lots, width of internal streets and design cross-section of streets and drainage improvements. d. Plans do not have to be signed and sealed by a professional engineer, however, plans must be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural, landscape architectural firm or licensed contractor. e. Prior to approval of the SIP the county building inspector will identify all mobile homes not meeting minimum housing code standards and minimum floor area requirements for mobile homes as defined in this Code. Those mobile home units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited by law and shall be so indicated on the SIP. f. Mobile home units meeting the housing code and as defined in this Code may replace the units removed, provided the replacement units do not exceed the maximum number of units allowed on the original SIP. g. The number of units approved on the SIP will be allowed to remain, except for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F.2.e. above, so long as the requirements of the approved SIP are implemented and a building permit has been obtained for each unit. h. A right-of-way permit shall be required, subject to subsection 10.02.03 B.1.j. Landscaping: Landscape improvements shall be shown on the SIP, either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4.06.04 D. of this Code. a. The plan shall be prepared by a landscape architect, landscape designer or landscape contractor or paraprofessional associated with such a firm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepared by a licensed landscape architect. b. Landscaping requirements are as follows: 9 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i. A ten-foot wide landscape buffer, with 1 single hedgerow and trees spaced 30 feet on center along property lines abutting a right-of-way. ii. Trees spaced 50 feet on center along internal boundary lines. iii. Permitted trees include live oak, sycamore, red maple, and sweet gum. Under electrical transmission lines, simpson stopper, magnolia, east Palatka holly, and dahoon holly trees are permitted. iv. Fixed irrigation systems which shall include 2 irrigation bubblers per tree. 4. Implementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the following timeline commencing from the date of SIP approval. Number of units/project Length of time 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase 54 months 17 18 19 20 21 22 b. # # # Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. # # # # # # # # # # 10 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Amendments\6. 2.03.07 G Overlay Zoning District INCMHP 5-16-16 CCPC.docx