Item L1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2007 Division: County Administrator
Bulk Item: Yes _ No x Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Request to speak to the Board of County Commissioner on the draft
ordinance for protecting Mobile Home Parks — Ron Miller
ITEM BACKGROUND:
N/A
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
N/A
TOTAL COST: -0- BUDGETED: Yes
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 8/06
AGENDA ITEM #
No
Page 1 of 1
Cyr -Connie
From: Ronlmill0l@aol.com
Sent: Friday, April 20, 2007 11:03 AM
To: Cyr -Connie
Subject: (no subject)
Dear connie
Could you please put me on the upcoming BOCC meeting in Key Largo . The subject would be the draft
ordinance for protecting mobile home parks that was discussed
at the last BOCC meeting. I am referring to the sounding board section of the agenda.
thankyou
ron miller
305 453-3849
See what's free at AOL.com.
4/20/2007
SOUNDING BOAR
May 16, 2007
CONTENTS
Presentation
Proposed Moratorium
(By Robert Cintron)
Proposed Ordinance
S//u/()7
I have 2 points here today, to make. The first is that we need a moratorium now to
stop the redevelopment of any more mobile home parks. The second is that there are
alternative ways to address the potential loss of these parks. So, I'm presenting an
alternate means of protecting the Mobile Home parks.
Our mobile home parks represent a significant part of our affordable housing.
Florida House Bill 259 finds that mobile home parks provide safe and affordable
housing to many residents of this state.
The people who live in these parks are an integral part of our heritage. They provid
valuable workforce for offices, restaurants, construction, the list is endless. They ae
also the ones who work in our fishing industry.
Any efforts made to save the working waterfronts will be less effective without the
people who live in these parks.
All keys residents' interests are best served by saving these parks.
It is my sincere belief that a moratorium should be put in place immediately.
A moratorium would give us time to explore legislation that would provide the parr
owners with incentives to keep these parks as parks. It would give us the necessary
time to collect information for an accurate picture of the mobile home parks
situation. It would give the renters in the parks time to form homeowner
associations, which could become potential buyers of these parks.
The proposed moratorium that was presented is adequate for that purpose.
To go along with this moratorium, I have an Ordinance proposal that will serve both
purposes of protecting the historical use of the parks, and allow the park owners to
cash out, if they so desire. And, it does not require any allocations from the county.
I like what Commissioner Neugent said the other day at one of the meetings. "If you
buy a trailer park, you get a trailer park." However, I don't think that would hold up
in court.
The purpose of my proposed Ordinance is to amend Municipal Code 9.5-268.
Under what I call the 30% rule, a park owner is able to redevelop 30% of the park at
the grandfathered density that is currently allowed by Monroe County municipal
code 9.5-268. In 2003, 9.5-268 was amended by Ordinance 26-2003, the preamble
of which reads in part: AN ORDINANCE AMENDING SECTION 9.5-268
(EXISTING RESIDENTIAL DWELLINGS), MONROE COUNTY CODE TO
PERMIT RESIDENTIAL STRUCTURES LEGALLY ESTABLISHED BEFORE
JANUARY 4, 1996 TO BE CONSIDERED AS LEGAL RESIDENTIAL
STRUCTURES AND PERMIT IMPROVEMENTS TO THOSE STRUCTURES.
The wording of Ordinance 26-2003 implies that density was allowed as a function of
repairing the structures, and not as a right of redevelopment into different types of
houses
The way this rule would work, 30% of the park could be developed with the
grandfathered density, on a one time basis.
Or, the park owner could develop those units elsewhere, as market rate. It is
intended that doing this, the owner makes the same profit as if he had redeveloped
100% of the park.
This provides a scenario whereby developing only 30% of the park's total acreage,
under the grandfathered density, yields as much market rate and profit as developing
100% of the park under current standards of 9.5-262.
This is the intent to provide enough profit to protect the remaining 70% of the park.
This would mean that any future owners of the 70% portion of the park would know
that they own a park, and it will stay a park.
The fact that the owner of the park has received a sizeable return on his investment
by developing 30% makes it more realistic for the park tenants to purchase the park.
In any case, the park would retain its historical value as de facto affordable housing.
The incentive is that, on a 1 - to - 1 basis, the park owner gets grandfathered density
30%, and can either transfer market rate units off -site, or develop the 30% on site.
The proposed Ordinance is just one idea that can be explored.
I am against using more allocations to fix this problem because it basically throws
our rate of growth ordinances out the window.
Keep in mind that applying affordable housing allocations to existing mobile homes,
and then transferring market rate off of those mobile homes
creates more commercial square footage,
creates a need for more infrastructure, and
increases hurricane evacuation times.
So, increasing market rate development to save existing affordable housing becomes
a never-ending pilgrimage.
One step forward and two steps back.
My suggestion is that we convene a panel to study the size of these parks, and their
density, and come up with accurate data to facilitate solutions involving all of our
stakeholders.
According to Monroe County Property Appraiser's office, PC Code 3600 (Mobile
Home Parks occupied by tenants) has 86 parks, as of last week.
The available data, in its different formats, and from different sources, does not
provide us with complete information. It is not clear, and in some cases not current.
I would like to add that I don't own a mobile home park, and the work done on this
30% rule proposal, has been done by myself and others, at no expense to the
taxpayers. And, we are willing to continue to work toward a solution.
I would like to present these documents and statements as exhibits
3
ORDINANCE
AN ORDINANCE OF MONROE COUNTY, FLORIDA, PROVIDING FOR A
MORATORIUM ON THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR
THE REDEVELOPMENT OF MOBILE HOME PARKS WITHIN THE
GEOGRAPHICAL BOUNDARIES OF MONROE COUNTY; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEALS;
PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING A
TERM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a number of Mobile Home Parks (collectively the "Mobile Home Parks")
are located in Monroe County, Florida; and
WHEREAS, the Mobile Home Parks serve a critical role in providing affordable and
work force housing for those persons who live in, and are employed in, Monroe County; and
WHEREAS, the existing supply of affordable and workforce housing is insufficient to
meet the current demand for affordable and workforce housing needs; and
WHEREAS, during the past few years several Mobile Home Parks have been closed for
redevelopment with a net loss to Mo my f e and workforce housing; and
WHEREAS, the County finis itse acm�g pressure concerning the possible
redevelopment of M ile o e suc t pressure could
result in he loss of cr f d abl�hols � g t�i li u t ; and
WHEREAS, the County recognizes the need to develop comprehensive plan policies,
land development regulations, and programs to preserve the existing stock of affordable housing
and increase the availability of affordable housing for those who live in, and are employed in,
Monroe County; and
WHEREAS, by Resolution of the Monroe County Board of County Commissioners
("BOCC") dated Mary 18, 2005, a Workforce Housing Task Force ("Task Force") was created
and members from the community and officials from the County governments were appointed to
the Task Force; and
WHEREAS, the Task Force has conducted a number of meeting and received substantial
input from the citizens of Monroe County regarding the workforce housing issues in Monroe
County; and
WHEREAS, the loss of affordable housing provided by the County s Mobile Home Parks
has a detrimental impact on the existing inventory of affordable housing and its availability for
Page -1-
those who work and live in the County; and
WHEREAS, the Task Force, after thorough and due deliberation, adopted on February 1,
2007 a Resolution of the Monroe County Workforce Housing Task Force Concerning Amending
Section 9.5-120.3 of the Monroe County Land Development Regulations that specifically
addresses the preservation of Mobile Home Parks for workforce housing; and
WHEREAS, the Task Force Resolution is in the process of being considered by the
County staff and Planning Commission, and ultimately will have to be approved by the BOCC
and the Florida Department of Community Affairs; and
WHEREAS, the approval process for the Task Force's Resolution will of necessity
consume a substantial amount of time; and
WHEREAS, House Bill 259 currently before the 2007 Florida Legislature, if enacted
into law, will provide substantial benefits to displaced mobile home park residents; and
WHEREAS, utilization of the moratorium as a temporary measure to facilitate
governmental decision -making, study, and the adoption of comprehensive plan amendments
and/or land development regulations, is a legitimate governmental tool to facilitate logical and
considered growth and as a means of avoiding inefficient and ill-conceived development; and
WHEREAS, Monroe Count hatxdathapter 723, Florida Statutes does not
preempt Monroe County from enacting a temporary mora ovum by virtue of the County's right
to accept or deny the p a of p o se deve t its jurisdictional
boundaries; and ��M I t 7
WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on
acceptance of development applications that seek development approvals for the redevelopment
of Mobile Home Parks so that Monroe County can undertake its study to determine the number
of affordable housing units in the County including Mobile Home Parks, the population served
by the Mobile Home Parks, and the affordable housing needs of those residents if the Mobile
Home Parks are redeveloped; and
WHEREAS, Monroe County has embarked on a Community Master Planning Program
for the Lower Keys pursuant to Policy 101.20.1 of the Monroe County Comprehensive Plan; and
WHEREAS, such community planning is to contain a framework for future
redevelopment, will include appropriate mechanisms for allowing citizens continued oversight
and involvement in implementation of their plans, will include a community character element
that will address the protection and enhancement of existing residential areas and the
preservation of community character through site and building guidelines; and
Page -2-
WHEREAS, the Monroe County Planning Department is preparing an overlay district for
Stock Island and the implementing regulations of the Key Largo Communikeys Plan that were
developed pursuant to Policy 101.20.1 of the Monroe County Comprehensive Plan; and
WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on
acceptance of development applications that seek development approvals for the redevelopment
of Mobile Home Parks so that Monroe County can undertake its community master planning of
the Lower Keys and the implementing regulations of the Key Largo Communikeys Plan and
Stock Island Plan; and
WHEREAS, the process of redeveloping a mobile home park may in some instances and
zoning districts be treated as development as of right and will not provide any public notice or
automatic public hearings for citizens to exercise oversight or involvement in such
redevelopment; and
WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on
acceptance of development applications that seek development approvals for the redevelopment
of Mobile Home Parks so that Monroe County can develop review procedures to assure
community participation as required by Policy 101.20.1 of the Monroe County Comprehensive
Plan; and
WHEREAS, the pace of resi i ve p onroe County is governed by the
Rate of Growth Ordinance (ROGO) d y de years For residents displaced by
redeveloped mobile home parks from ling a e to move eir trailer to a new location in
Monroe County; andARCH 1 Nd7
WHEREAS, lon a Statutes aut onze thatrest eats when a park is redeveloped
may be given only six (6) months to relocate; and
WHEREAS, Monroe County is designated an Area of Critical State Concern (FS
380.052) with the legislative intent to establish a land use management system that conserves and
promotes the community character of the Florida Keys and to provide for affordable housing in
close proximity to places of employment in the Florida Keys; and
WHEREAS, the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern articulate the importance to make available adequate affordable housing
for all sectors of the population of the Florida Keys and to protect the public health, safety, and
welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida
resource; and
WHEREAS, the provisions of this Ordinance are consistent with the County's
Comprehensive Plan.
Page -3-
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
SECTION 1. Recitals. The above recitals are true, correct and incorporated herein by
reference.
SECTION 2. Moratorium Imposed. During the time that this Ordinance is in effect as
specified herein, there shall be a moratorium upon the issuance of building permits, acceptance
of development applications or issuance of development orders and development permits, as
those terms are defined in Chapter 163, Florida Statutes (Collectively "Development Orders")
within the Town concerning the matter of redevelopment, modification or conversion of existing
Mobile Home Parks to any other use, except as provided herein, as of. 2007.
SECTION 3. Exemptions. Exempt from this moratorium is the replacement of mobile
homes pursuant to Section 723.041 (4), Florida Statutes.
SECTION 4. Definitions. The following definitions shall be utilized in the application
of this Ordinance:
(1) "Mobile Home Park" means any real property that is governed by Chapters 513 and
723, Florida Statutes.
(2) "Mobile Home" has the s e it at f��rth in sections 320.01 (2) (a),
513.01(3) and 723.003(3), Florida Sta tes.
(3) "Redevelof�t" a� pr d re}iotl, eplccWor/demolition of existing
mobile homes for the purpose o nsta hng, ui mg or corttructing on the property single
family, multi -family, or other structures other than mobile homes and any appurtenances thereto.
SECTION 5. Vested Rights. Nothing in this Ordinance shall be construed or applied to
abrogate the vested right of a property owner of a Mobile Home Park to complete development
where the property owner can demonstrate each of the following:
(1) A governmental act of development approval obtained prior to the effective date of
this Ordinance:
(2) Upon which the owner has detrimentally relied, III good faith, by making substantial
expenditures: and
(3) That it would be highly inequitable to deny the property owner the right to complete
development.
Any property owner claiming to have vested rights under this Section must file an application
Page -4-
with Monroe County staff for a vested rights determination within 45 days of the effective date of
this Ordinance. The application shall be accompanied by a fee established by resolution of
Monroe County and contain a sworn statement as to the basis upon which the vested rights are
asserted, together with documentation required by the County and any other documentary
evidence supporting the claim. The Board of County Commissioners shall hold a public hearing
on the application and based upon the evidence submitted shall make a determination as to
whether the property owner has established vested rights.
SECTION 6. Exhaustion of Administrative Remedies. No property owner claiming
that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of
private property or an abrogation of vested rights may pursue such claim unless he or she has fast
exhausted all administrative remedies.
SECTION 7. Term. The moratorium imposed by this Ordinance is temporary and,
unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve in
one (1) year unless otherwise extended in accordance with applicable law, or upon adoption of
new comprehensive plan policies and land development regulations concerning affordable
housing, the formulation of which shall be expeditiously pursued. County staff shall prepare any
changes the Board of County Commissioners directs to amend the County's comprehensive plan
and land development regulations to address the lack of adequate affordable housing and the loss
of existing affordable housing caused by the redevelopment of Mobile Home Parks.
SECTION 8. Severability.Jrp?ase"ohisotinance iss rdinance are declared to be severable
and if any section, sentence, clause shall for any reason be held to be
invalid or
the Ai4iVpf 0igremaining sections,
sentences, clauses, an �k�pt�l(s rd� e bu 411 rem�b�ct/it being the
legislative intent that t �s r inane s a Stan notwithsta%ding the invalidity of any part.
SECTION 9. Effective Date. This Ordinance shall be effective immediately upon its
passage and adoption.
PASSED ON FIRST READING THIS
DAY OF-,2007.
PASSED ON SECOND AND FINAL READING THIS
DAY OF _,2007.
Mayor/Commission Member
ATTEST:
Page -5-
County Clerk
APPROVED THIS
DAY OF
2007
DRAFT
MARCH 11, 2007
Page -6-
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 9.5-268 (EXSISTING RESIDENTIAL
DWELLINGS), MONROE COUNTY CODE TO PROVIDING FOR THE CONSERVATION
OF MOBILE HOME PARKS, AND THE REDEVELOPMENT OF MOBILE HOME
PARKS, WITHIN THE GEOGRAPHICAL BOUNDARIES OF MONROE COUNTY;
PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEALS; PROVIDING FOR
EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a number of Mobile Home Parks (collectively the "Mobile Home Parks") are located in
Monroe County, Florida; and
WHEREAS, during the past few years several Mobile Home Parks have been closed for
redevelopment with a net loss to Monroe County of affordable and workforce housing; and
WHEREAS, the Mobile Home Parks serve a critical role in providing affordable and work force
housing for those persons who live in, and are employed in, Monroe County; and
WHEREAS, the existing supply of affordable and workforce housing is insufficient to meet the
current demand for affordable and workforce housing needs; and
WHEREAS, Florida House Bill 259 finds that mobile home parks provide safe and affordable
housing to many residents of this state; and
WHEREAS, the County finds itself facing increasing pressure concerning the possible
redevelopment of Mobile Home Parks in the County, and such redevelopment pressure could result
in the loss of critical workforce and affordable housing units in the County; and
WHEREAS, the Monroe County Board of County Commissioners finds that there is a need to
provide for the protections of both the property owners rights and the public interest; and
WHEREAS, such community planning is to contain a framework for future redevelopment, will
include appropriate mechanisms for allowing citizens continued oversight and involvement in
implementation of their plans, will include a community character element that will address the
protection and enhancement of existing residential areas and the preservation of community
character through site and building guidelines; and
WHEREAS, the process of redeveloping a mobile home park may in some instances and zoning
districts be treated as development as of right and will not provide any public notice or automatic
public hearings for citizens to exercise oversight or involvement in such redevelopment; and
WHEREAS, the provisions of this Ordinance are consistent with the County's Comprehensive Plan
5/15/2007
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS: That the preceding findings support its decision to approve
the amendment to the Land Development Regulations of the Monroe County Code as provided
herein:
SECTION 1.
Create New LDR Section 9.5-268.1
Section 9.5-268 Eaistine Residential Dwellin¢s
Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of land upon
which a lawfully established dwelling unit or a mobile home, but not including transient units exists
shall be entitled to one (1) dwelling unit for each such unit in existence. Such legally established
dwelling unit shall not be considered as a non -conforming use.
Section 9.5-268.1 Mobile Home Park Conservation
A Mobile Home Park owner may only develop or transfer up to thirty percent (30%) of a
mobile home park on a one (1) to one ratio on a one time basis. The remaining seventy percent
(70%) of the mobile home park shall fall under the provisions of 9.5-262 section 9.5.268
notwithstanding.
(a) If the 30 percent (30%) option is chosen, market rate units could be developed or
transferred 9.5-120.4 notwithstanding.
SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its
passage and adoption.
PASSED ON FIRST READING THIS
DAY OF-,2007.
PASSED ON SECOND AND FINAL READING THIS
DAY OF _,2007.
Mayor/Commission Member
ATTEST:
County Clerk
APPROVED THIS DAY OF _,2007.
5/15/2007