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Item S1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Januar 19 2Q 11 Division: Growth Mann ement Bulk Item: Yes No Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289 -2517 Joseph Haberman - 289 -2532 AGENDA ITEM WORDING: Second of two required public hearings to consider an ordinance amending Monroe County Code Section 130 -92(a) to amend the permitted uses in the Recreational Vehicle (RV) land use district to allow vacation rental uses of nonconforming dwelling units and to clarify language regarding employee housing, commercial apartments and accessory uses. Staff is asking for this item to be continued. ITEM BACKGROUND, Monroe County currently has I 1 Recreational Vehicle (RV) land use districts. The purpose of the RV district is to establish areas suitable for the development of destination resorts for recreational vehicles and other types of transient units. Vacation rental use would be consistent and compatible with the types of transient uses already permitted in the RV district (RV and hotel) and therefore have a little to no impact on the current uses permitted in the RV district. As set forth in Section 130 -92 of the Monroe County Code, market -rate, permanent residential dwelling units are not permitted in the RV district. However, some market -rate permanent residential dwelling units were established prior to the September 15, 1986 adoption of the current land development regulations and are lawfully nonconforming. other districts allow nonconforming market -rate, permanent residential dwelling units to be used as vacation rentals as permitted in Section 134 -1 of the Monroe County Code. Vacation rental uses are defined as an attached or detached dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation rental uses do not include hotels, motels, and RV spaces. In addition, this amendment would permit limited commercial apartments. As set forth in Section 130- 92(a)(3) of the Monroe County Code, accessory uses, including permanent owner /employee residential dwelling units are permitted in the Recreational Vehicle (RV). The term "permanent owner /employee residential dwelling unit" is not defined in the Monroe County Code and permanent housing is not considered a type of accessory use per the definition of accessory use in Section 101 -1 of the Monroe County Code. This language needs to be clarified and made consistent with the existing use definitions, as well as the permitted use regulations of other land use districts. PREVIOUS RELEVANT BOCC ACTION: December 15, 2010 -- BOCC held the first of two required public hearings on this matter CONTRACT /AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Staff recommends this item be continued to the February 16, 2011 BOCC meeting in Key Largo. TOTAL COST`: INDIRECT COST: DIFFEREN'T'IAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Atty x DOCUMENTATION: Included Not Required BUDGETED: Yes No SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management DISPOSITION: ...... AGENDA ITEM #