Miami Herald 11/26/04

We would like to thank Samuel P. Nitze for his indepth reporting on Coral Lake.

-------------------- Trailer park fights City Hall --------------------
By Samuel P. Nitze
Staff Writer

January 31, 2006

COCONUT CREEK | CORAL LAKE MOBILE HOMES

Trailer park fights City Hall

Coconut Creek commissioners are facing two lawsuits and intense criticism from residents over their decision to rezone a mobile home park for development.

BY SAMUEL P. NITZE

snitze@MiamiHerald.com

One by one, residents of Coral Lake Mobile Home Park came forward to make their case, all but begging Coconut Creek commissioners for protection against a developer's plans to evict them.

''You need to look within your hearts to figure out what is right, because these people don't have any place else to go -- none of us do,'' one resident said.

''I'm just a cashier. I don't have any credit, and my girl can't work,'' said another. ``So, I'm just wondering: what's going to happen to us?''

Undeterred, commissioners voted unanimously to rezone the 233-lot park for development, and it seemed Coral Lake would join the growing list of mobile home communities bulldozed to make way for town houses and condominiums.

But six months later, the city still has a fight on its hands. Two park residents have filed lawsuits -- one in state court, the other in federal -- and observers say the results could have far-reaching implications for owners of mobile homes across the state.

Homeowner advocates are paying particular attention to a suit filed by resident Aaron Vantrease, which argues that city leaders failed to identify suitable replacement sites for residents -- as required by state law -- before rezoning the park.

''The result could be very important,'' said Don Hazelton, president emeritus of the Federation of Manufactured Home Owners of Florida.

``If it comes out negatively, it will be really bad. Park owners and developers will use it all over the place. But if the court finds they acted in violation of the statute, that's all we need.''

At issue is a provision in the law that prohibits local governments from voting to rezone mobile home parks without showing that ``adequate mobile home parks or other suitable facilities exist for the relocation of mobile home owners.''

But what do ''adequate'' and ''suitable'' mean, exactly?

STUDY PRODUCED

Coral Lake's owner produced a study showing several hundred vacant mobile home sites within 50 miles of the park, located at the intersection of Lyons and Wiles roads.

But Vantrease, a single father of two children, said his own study showed that many of the parks were inaccessible to Coral Lake residents. Some do not accept older-model homes. Others impose age restrictions. Others are on their way to closing.

''They just didn't care what we provided for evidence,'' Vantrease said in an interview. ``They had their minds made up.''

Coconut Creek Mayor Marilyn Gerber contested that view, saying the evidence convinced her there were enough sites. She noted that the city hired its own consultant to review the study, and he found the vacancies met the requirements of the law.

''I had to accept somebody's word for what there was or wasn't,'' she said.

Acting on the advice of City Attorney Paul Stuart, commissioners decided that it was not for them to consider whether sites were affordable or truly accessible. It was enough that they existed.

''There is no mandate or requirement of the law that you review the condition of any of these homes, or the portability of a home, or the income of the people and their ability to make a payment,'' Stuart told commissioners before the vote.

Housing advocates bristle at that standard.

''It's just totally absurd, and it's an affront to the Legislature,'' said Jaimie Ross, affordable-housing director for 1,000 Friends of Florida, a nonprofit growth management group. ``The point of the statute is not to have a list, it is to have real places for real people to live. They should be ashamed of themselves.''

Vantrease's suit is before the Fourth District Court of Appeals after a lower court upheld the city's rezoning vote.

Some residents have already moved out of Coral Lake -- in some instances abandoning their homes to take advantage of an early-departure incentive offered by the owner.

BILL CONSIDERED

Legislators in Tallahassee are considering a bill that would shift greater responsibility for helping displaced mobile home residents onto local governments.

Meanwhile, Coconut Creek also faces a challenge in federal court from Coral Lake resident Janice Ellery, who contends that commissioners violated her First Amendment rights in their handling of a proposed relocation fund.

After voting to rezone the park, commissioners approved a fund to help displaced residents. But the city imposed a condition: if anyone sued the city over the rezoning -- as Vantrease eventually did -- the fund would disappear for everyone.

Ellery's suit accuses the city of improperly deterring her from exercising her right to challenge the commission's vote in court -- a challenge she still hopes to mount.

''They are dislocating 200 mostly low-income families to put in luxury condominiums,'' Ellery said. ``I'm sorry, but that's wrong.''

Vice Mayor Jim Waldman said the city was willing to put money into the fund, but not while defending itself against challenges from those who stood to benefit from the gesture. The city may still end up supporting a contribution to the fund, depending on the outcome of the lawsuits, he said.

Waldman said the new development -- developer Wood Partners has proposed 244 town houses and 56 condominiums for the 29 acres -- would be an improvement over a dilapidated mobile home park.

''It wasn't a difficult decision when you look at what is best for the overall community,'' he said. ``This was clearly a better use of that property.''

Copyright Miami Herald January 31, 2006