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WHEREAS, the Owner/Developer has operated the Mobile Home Park since before <br />January 1, 2020, and intends to continue operation of a Mobile Home Park on the Subject Property, <br />and this use is consistent and conforming with the rezoning to RMHP, although not all structures <br />conform to the requirements of that zoning district; and <br />WHEREAS, the City, pursuant to Section 2-8.1 thru 2-8.9 of the City Unified Land <br />Development Regulations "permits the continuation of those lots, structures, uses, characteristics <br />of use, or combinations thereof, which were lawful before the passage of the Code, but which <br />would be prohibited, regulated, or restricted under the terms of the Code or future amendments <br />thereto;" and <br />WHEREAS, the existing mobile homes in the locations shown in Exhibit "C ", labeled the <br />Building Setbacks Reference Map, are legally non-compliant structures regulated by Article VIII <br />of the City Unified Land Development Regulations and are subject to the provisions of that Article, <br />including Section 2-8.8 prohibiting an increase in their nonconformities; and <br />WHEREAS, the Parties agree to reference Exhibit "C" when the Owner/Developer <br />requests a permit or when otherwise pertinent, however lots with existing mobile home units can <br />be replaced with mobile home units of equal size and dimensions and must be located so as not to <br />increase noncompliance with present site development standards; and <br />WHEREAS, Section 2-5.4. - Size and dimension criteria, of the City of Casselberry <br />ULDR states, in Footnote V. that "Mobile home parks existing in the City of Casselberry as of <br />January 1, 2020, will utilize the procedures provided in Article III of the ULDR to rezone to <br />RMHP and establish minimum lot area, minimum required lot width, and setbacks;" and <br />WHEREAS, in conjunction with a rezoning to RMHP, the lot area, width and setbacks <br />need to be established for the Subject Property; and <br />WHEREAS, this Agreement is not a statutory development agreement under Fla. Stat. <br />163.3220, et seq., but is authorized by the City's Home Rule Power, the City Charter, and <br />other controlling laws, and the City's police powers. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements contained <br />herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. Minimum Requirements. As required by 2-5.4, and in light of the pre-existing <br />nature of the Mobile Home Park, the following are established in conjunction with the rezoning <br />of the Subject Property to RMHP: <br />Minimum lot area: None. <br />Minimum required lot width: 15 feet. <br />Minimum open space for each lot: 40% <br />2 <br />