Item O2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289 -2500
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.
ITEM BACKGROUND:
Monroe County currently has 11 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.
Since the BOCC discussion on December 15, 2010, staff reworded Section 130 -92 to clarify vacation rental use would
only be for existing structures. In addition, employee housing was eliminated.
PREVIOUS RELEVANT BOCC ACTION:
December 15, 2010 —1 Public hearing before BOCC
January 19, 2011— BOCC continued item to February 16, 2011
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST: _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
BUDGETED: Yes No
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: January 26, 2011
Subject: Proposed Ordinance to the Board of County Commissioners to amend Section
130 -92(a) of the Monroe County Code, Permitted uses in the Recreation Vehicle
District
Meeting: February 16, 2011
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of § 130 -92(a) of the Monroe County Code (MCC), which provides the permitted uses in the
6 Recreational Vehicle (RV) district. The purpose of the proposed amendment is to clarify
7 language regarding commercial apartments and accessory uses and to allow vacation rental
8 uses of nonconforming detached and attached dwelling units, if a special vacation rental
9 permit is obtained under the regulations established in MCC §134 -1.
10
11 NOTE: At the December 2010 BOCC meeting, there was discussion concerning whether or
12 not employee housing is an appropriate use in the RV district. Upon further consideration,
13 staff found that the existing terminology of "permanent owner /employee residential dwelling
14 unit" is other language for "commercial apartments" only, not employee housing. Therefore,
15 staff has removed employee housing as a permitted use in the proposed text amendment.
16
17 II REVIEW
18
19 Monroe County currently has 11 RV districts. The purpose of the RV district is to establish
20 areas suitable for the development of destination resorts for recreational vehicles and other
21 transient units. A vacation rental use would be consistent and compatible with a type of
22 transient use and therefore have a little to no impact on the current uses of these districts.
23
24 New market -rate, permanent residential dwelling units are not permitted in the RV district.
25 However, some market -rate, permanent residential dwelling units were established prior to the
26 adoption of the current regulations and are lawfully nonconforming. Therefore, some RV
27 districts contain a relatively small number of these nonconforming dwelling units. Staff has
28 found that vacation rental uses are compatible with the purpose and other permitted uses in the
29 RV district. This text amendment will provide consistency with other districts, such as the
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I (=S)L7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
2 to section 146 -5(6) "Satellite earth stations."
3
4 III RECOMMENDATION
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Staff has found that the proposed text amendment would be consistent with the provisions of
MCC §102- 158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
demographic trends); 3. Data errors, including errors in mapping, vegetative types and
natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
the proposed text amendments are necessary due to recognition of a need for additional detail
or comprehensiveness.
Staff recommends that the Board of County Commissioners amend the Monroe County Code
as stated in the text of this staff report.
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M ONROE COUNTY FLORIO
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are lawfully nonconforming; and
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WHEREAS, 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
C ounty C ode. : 1 • renta `:s are defined as an attached or detached 1 - 1: ' unit
t hat 1 l eased 1 ass 1 - 1'. e, o le ss than 1 da duration V acation
rental uses do not include hotels, motels, and RV spaces; and
WHEREAS, as set forth in Section 130- 92(ax3) of the Monroe County Code, accessory
uses, including permanent owner /employee residential dwelling units are permitted in the
Recreational Vehicle (RV); and
WHEREAS, the term `permanent owner /employee residential dwelling unit" is not
defined in the Monroe County Code; and
WHEREAS, 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; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan. The Recreational Vehicle (RV) district
designation corresponds to the future land use map designation of Mixed Use /
Commercial (MC), as set forth in Policy 101.4.21. Vacation rental use would be
consistent with Policy 101.4.5, which states the principal purpose of the Mixed Use /
Commercial (MC) future land use category; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Code: a) Vacation rental use would be consistent with §130 -42 of the
Monroe County Code, the purpose of the Recreational Vehicle (RV) district and b) the
proposed text amendment meets all of the standards for text amendments as set forth in
Section 102- 158(d)(5)(b) of the Monroe County Code, specifically 5. Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -92(a) shall be amended as follows (deletions are sbieken thm gl3
and additions are underlined)
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a
specific, individual recreational vehicle, for a term of less than 28 days, but
placement of a specific, individual recreational vehicle (regardless of
vehicle type or size) within a particular RV park for occupancies or
tenancies of six months or more is prohibited. Recreational vehicles may be
stored, but not occupied, for periods of six months or greater only in an
approved RV storage area (designated on a site plan approved by the
director of planning) or in another appropriate district that allows storage of
recreational vehicles. RV storage area must meet all land development
regulations, floodplain management regulations and building code
requirements for storage of recreational vehicles-.I
(2) Commercial retail uses of less than 2,500 square feet of floor area; and
(3) Accessory uses;,
(4� Commercial apartments. However, there shall be no more than one
commercial apartment unit per three RV spaces up to ten percent of total
spaces allowed or in existence;
(5) Vacation rental use of nonconforming detached and attached dwelling units
constructed prior to February 16, 2011, if a special vacation rental permit is
obtained where necessary under the regulations established in section 134 -1;
(4)(6) Collocations on existing antenna - supporting structures, pursuant to section
146 -5(3) "Collocations on existing supporting structure"; and
(5)(7) Satellite earth stations less than two meters in diameter, as accessory uses,
pursuant to section 146 -5(6) "Satellite earth stations."
Section 2. SeverabRity.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule, code or regulation, the
more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
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By
Mayor Heather ,