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Item J5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes _ No Y Department: Planning & Environmental Resources Staff Contact Person: Christine Hurley, Growth Management Director Ext. No. 2517 AGENDA ITEM WORDING: Discussion and approval of a resolution providing for interpretation of Section 130-4 Temporary emergency housing and 6-112. Temporary structures to allow the building official and planning director to accept an application for a special building permit for not more than 6 months for the erection of temporary structures (trailers)/Recreational Vehicles (RVs) at 102200 Overseas Highway, Key Largo, Florida (RE: 00086740-000000) for Marine Mammal Conservancy, Inc. (MMC) operations during the time period they are rehabilitating marine mammals only, with the ability to extend 6 months. ITEM BACKGROUND: Marine Mammal Conservancy, Inc. is listed as the owner of 102200 Overseas Highway, Key Largo, Florida (RE: 00086740-000000). Since 2009, the MMC has sought permits and development approval to occupy the site to carry out, based on their website, under a Stranding Agreement with the US National Marine Fisheries Service to respond, rescue, transport, and rehabilitate stranded and injured marine mammals under the Marine Mammal Protection Act. Several outstanding code violations still remain at the site and occupancy of existing building(s) is somewhat limited; however, of recent, the organization rescued 6 pilot whales of 25 stranded May 5, 2011. The organization is working to remedy certain code violations and removed 2 RVs from the site at the request of County staff based on their current land use district (Suburban Commercial — SC) zoning, which does not allow RVs without pre -approval of a conditional use for a RV park. The Monroe County code does not provide specifically for RV placement used in conjunction with mammal rescue. However, certain portions of the code do provide for temporary use of temporary structures. The attached memorandum outlines the existing code and the interpretation staff is seeking from the Commission related to the ability to permit temporary RVs at this site. Further, staff is seeking direction from the Commission to develop code amendment(s) to clarify this type of operation may use certain sites and facilities on a temporary basis, including RVs, provided all building code requirements are met. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes _No 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 # J-5 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Christine Hurley, AICP Division Director Date: June 14, 2011 RE: Marine Mammal Conservancy, Inc. Marine Mammal Conservancy, Inc. is listed as the owner of 102200 Overseas Highway, Key Largo, Florida (RE: 00086740-000000). Since 2009, the MMC has sought permits and development approval to occupy the site to carry out, based on their website, under a Stranding Agreement with the US National Marine Fisheries Service to respond, rescue, transport, and rehabilitate stranded and injured marine mammals under the Marine Mammal Protection Act. Several outstanding code violations still remain at the site and occupancy of existing building(s) is somewhat limited; however, of recent, the organization rescued 6 pilot whales of 25 stranded May 5, 2011. The organization is working to remedy certain code violations and removed 2 RVs from the site at the request of County staff based on their current land use district (Suburban Commercial — SC) zoning, which does not allow RVs without pre -approval of a conditional use for a RV park. The code violations with fines running include: CE06030008 —UNSAFE ELECTRIC AND BUILDING REFERRAL RECEIVED FROM BUILDING OFFICIAL AND ELECTRICAL INSPECTORS. BUILDING USING ROPE FOR HANDRAILS AND ELECTRIC PANEL IS DANGEROUS. $250.00 per day running. CE09020176 — fence in water, referred to DEP. No NOV/NOH sent. CE09030107 — 110-140(1): Sheds, fences, tents, storage containers, and construction trailers need permits. 130-93(a)(7): Accessory uses w/o principal. 64(b): Unsafe shed w/ electric and A/C. $350.00 per day running. CE11060014 — Unsafe Electric, Habitation on property of RV's, tents, etc., expired permits for pool, storage containers, kitchen, lack of planning approvals. On 6-3-2011 a Courtesy Notice was given to owner on site. No NOV/NOH sent to date. The owner has been working with staff to remedy life safety issues first and as of Friday, June 10, 2011 has removed the RVs from the site. The Monroe County code does not provide specifically for RV placement used in conjunction with mammal rescue. However, certain portions of the code do provide for temporary use of temporary structures. The attached memorandum outlines the existing code and the interpretation staff is seeking from the Commission related to the ability to permit temporary RVs at this site. Further, staff is seeking direction from the Commission to develop code amendment(s) to clarify this type of operation may use certain sites and facilities on a temporary basis, including RVs, provided all building code requirements are met. The following code provisions are applicable to this situation. Sec. 130-4. - Temporary emergency housing. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Recreation vehicles means the same as that term is defined in F.S. § 320.01. Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such recreational vehicles or similar units are provided to residents as part of emergency relief efforts. (b) Purpose. It is the purpose of this section to provide regulations that allow for the relaxation of the use prohibitions in article III of this chapter to: (1) Allow temporary emergency housing during the recovery period from a natural or manmade disaster, including, but not limited to, hurricanes and tropical storms; (2) Avoid delay in completing ongoing or future airport safety and capacity improvements; and (3) Provide regulatory authority for placement of emergency temporary housing for workers responding to recovery and reconstruction efforts following natural or manmade disasters which are lawfully declared emergencies by any federal, state or local governmental emergency declaration authority. (d) Placement of RVs (or similar sheltering units) for temporary emergency housing on nonresidential properties. Notwithstanding the provisions of this chapter, one or more RVs (or similar sheltering units) may be temporarily placed by permit on properties in nonresidential land use districts and on publicly -owned lands, excluding lands designated for conservation and resource protection, to house county residents displaced by natural or manmade disaster or casualty event and/or disaster recovery workers. The size of the RVs (or similar sheltering units) to be temporarily placed shall be in accordance with subsection (c)(4) of this section. Permitting approval of the temporary placement of RVs (or similar sheltering units) shall require submittal of a no -fee permit application to the building department to be approved by the building official, including a site plan pursuant to requirements established by the building official. Upon final inspection by the building official of the temporary construction granted by the permit, authorization for the occupancy of the property for temporary emergency housing shall not exceed 180 days from the date of the final inspection without a written extension from the county building official or his representative not to exceed an additional 180 days based upon the building official or his representative's determination that good cause has been shown for the need for the extension and that the RV (or similar sheltering unit) is adequately tied down and secured so as not to present an undue hazard to persons or property in a high -wind or flood event. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any RVs (or similar sheltering units) otherwise authorized under this section should it be deemed required for the public safety. Section 6-112 Temporary structures. The building official may issue a special building permit for a limited time of not more than six months for the erection of temporary structures such as construction sheds, trailers, seats, canopies, tents, and fences used in construction work or for temporary uses and events. Any such permit for temporary nonconstruction uses shall require prior approval of the planning director to ensure compliance with part II of this Code. Any structures shall be completely removed upon expiration of the time stated in the permit. RESOLUTION NO. - 2011 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALLOWING THE BUILDING OFFICIAL AND PLANNING DIRECTOR TO ACCEPT APPLICATIONS FOR TEMPORARY RECREATIONAL VEHICLES ON PARCEL 00086740- 000000, 102200 OVERSEAS HIGHWAY, KEY LARGO OWNED BY MARINE MAMMAL CONSERVANCY, INC. WHEREAS, there was a stranding of pilot whales on May 51h on Cudjoe Key in Monroe County; and WHEREAS, several whales were moved to the facilities at the Marine Mammal Conservancy, Inc. (MMC)located at 102200 Overseas Highway, Key Largo (RE# 00086740-000000); and WHEREAS, many volunteers are involved in the care and treatment of the remaining whales working in four hour shifts around the clock twenty-four hours a day; and WHEREAS, the volunteers had been using two recreational vehicles for rest quarters, and other support for the volunteer effort, and WHEREAS, recreational vehicles are not specifically allowed in the Suburban Commercial land use (zoning) district unless part of an approved campground; and WHEREAS, because of this and other code violations the recreational vehicles have been removed from the property , causing a hardship to the volunteers staged at the MMC property and hampering the whale rescue efforts; and WHEREAS, Section 130-4(b) of the Monroe County Code (MCC) allows temporary emergency housing during the recovery period from a natural or manmade disaster, including , but not limited to, hurricanes and tropical storms even if the use does not conform to the uses permitted in the zoning district affected; and WHEREAS, MCC Section 130-4(d) allows for temporary emergency housing on nonresidential properties in RVs for disaster recovery worker housing for up to 180 days or as extended by the building official for an additional 180 days; and WHEREAS, MCC Section 6-112 allows the building official to issue a special building permit for a limited time of not more than six months for temporary structures such as trailers for temporary uses and events with approval of the planning director; and WHEREAS, the stranding of the whales constituted a natural disaster event in the environmental and ecological community of the keys; and WHEREAS, the BOCC finds that it is in the best interests of the environmental community of the keys and the citizens of Monroe County to assist in the recovery of the stranded pilot whales in order to release the remaining whales or to learn the source of the stranding behavior; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Marine Mammal Conservancy, Inc. may apply for a permit for temporary placement of two recreational vehicles on its property pursuant to the terms of Monroe County Code Sections 130-4 and 6-112 for a period of one -hundred eighty days, with one renewal period of the same time period or until the whales are rehabilitated, released or relocated, whichever is first. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 15`h day of June, 2011. Mayor Heather Carruthers Mayor pro tem David Rice Commissioner Sylvia J. Murphy Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk By: Mayor Heather Carruthers MONROE COUNTY ATTORNEY APPROVED AS ORjaw Date: