Item P01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning
Staff Contact Person: Andrew Trivette
Clarence Feagin, Ph.D., AICP
AGENDA ITEM WORDING:
A public hearing to consider an ordinance adopting amendments to the land development regulations to
establish Seasonal Residential Units as a minor conditional use in the RV District.
(2°d of two Public Hearings)
ITEM BACKGROUND:
On July 24 and August 7, 2007 the DRC reviewed the proposed text amendments and passed a
resolution to the Planning Commission recommending approval (DRC Resolution D17-07).
On September 12 and September 26, 2007 the Planning Commission heard the proposed text
amendments at public hearings, and duly considered public comments and the staff report, and passed a
resolution to the BOCC recommending adoption with minor modifications for clarification purposes
only (PC Resolution P49-07).
PREVIOUS RELEVANT BOCC ACTION:
At the November 14, 2007 regularly scheduled BOCC meeting the Board heard this item at a 5:01 PM
Public Hearing and recommended approval. A change in uses within a zoning district requires a
second hearing.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NA BUDGETED: Yes No X
COST TO COUNTY: NA SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes —No No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included Yes Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
COUNTY COMMISSION ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE TEXT OF THE
FOLLOWING SECTIONS OF THE MONROE COUNTY CODE;
AMENDING SECTION 9.5-4 BY ADDING A DEFINITION FOR
SEASONAL RESIDENTIAL UNIT(S-2.1), INCLUDING IN THE
DEFINITION OF TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL
RESIDENTIAL UNIT AND ADDING A DEFINITION OF TRANSITIONAL
RECREATIONAL VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY
ADDING THE USE OF SEASONAL RESIDENTIAL UNIT TO THE
PURPOSE OF THE RV LAND USE DISTRICT; AMENDING SECTION
9.5-244 BY ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR
CONDITIONAL USE IN THE RV LAND USE DISTRICT; PROVIDING
GENERAL REQUIREMENTS FOR APPROVAL OF SEASONAL UNITS
WITHIN THE RV DISTRICT; PROVIDING FOR CODIFICATION,
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR FORWARDING OF THIS ORDINANCE TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, There are a total of 11 RV land use districts in unincorporated
Monroe County containing a total of 658 RV spaces and 197 acres;
WHEREAS, Monroe County recognizes the need for additional flexibility
within the RV land use district to accommodate traditional seasonal residents;
WHEREAS, Historically the RV land use district has provided this flexibility;
WHEREAS, Monroe County recognizes the need for flexibility within the
transient use category to provide a seasonal occupancy;
WHEREAS, RV space owners desire the ability to construct new or convert
existing buildings into permanent structures for personal seasonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in
the RV land use district; and
WHEREAS, The Development Review Committee convened on July 24 h and
August 6 h, 2007 to review the proposed text amendment and duly considered
comments and recommendations made by staff and the public; and
WHEREAS, On September 12, 2007 the Planning Commission heard the
proposed text amendment in Marathon and continued it for a second hearing on
September 26, 2007 in Key Largo, and in due consideration of public testimony and
the recommendations made by staff at both hearings, the text amendments were
recommended for adoption with minor revisions for clarification purposes only; and
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WHEREAS, On November 14, 2007 at their regularly scheduled meeting in
Key Largo the Board of County Commissioners heard the proposed text amendment at
a 5:00 PM Public Hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, THAT:
Section 1. Section 9.5-4 is hereby amended as follows:
Sec. 9.5-4 Definitions
(S-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities, and kitchen physically arranged to create a housekeeping
establishment for occupancy by one (1) family, with tenancies not to exceed 180
consecutive days.
(T-4) Transient residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit, or space for parking a recreational
vehicle or travel trailer.
(T-4.1) Transitional recreational vehicle unit is a recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing a phased
transition from a traditional recreational vehicle park to a seasonal residential use.
Section 2. Section 9.5-215 is hereby amended as follows:
Sec. 9.5-215 Purpose of the Recreational Vehicle District (RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles and other transient units such as seasonal
residential units.
Section 3. Section 9.5 — 244 is hereby amended as follows:
Sec. 9.5-244 Recreational Vehicle District (RV).
(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 twenty-eight
(28) days, but placement of a specific, individual recreational vehicle
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(regardless of vehicle type or size) within a particular RV park for occupancies
or tenancies of six (6) months or more is prohibited. Recreational vehicles may
be stored, but not occupied, for periods of six (6) 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 areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage
of recreational vehicles.
(2) Commercial retail uses of less than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent owner/ employee residential dwelling
units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten (10) percent of total spaces allowed or in existence.
(4) Collocations on existing antenna -supporting structures, pursuant to article
VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite earth
stations."
(b) The following use is permitted as a minor conditional use in the recreational
Vehicle District, subject to the standards and procedures set forth in article III,
division 3:
(1) Hotels providing less than fifty rooms, provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
ii. Marina; and
iii. Tennis court.
(2) Attached or detached seasonal residential units, provided that:
a. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9.5-101,
9.5-102 and further defined below.
b. The units meet all land development regulations, floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
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C. The development of seasonal residential units shall occur only in gated
RV parks with a managing entity responsible for evacuation.
d. The proposed site is subject to an approved development agreement
with Monroe County detailing at a minimum:
i. All proposed transitional recreational vehicle units;
ii. A proposed site plan;
iii. A design strategy demonstrating separation of transient unit
types on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines;
iv. A statement of commitment for the park to adhere to transient
evacuation regulations;
V. A phasing plan, as appropriate, detailing timelines for project
completion;
vi. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection; or
iii. a curb cut that is separated from any other curb cut on
the same side of US 1 by at least four hundred (400)
feet.
(3) Parks and community parks;
(4) Replacement of an existing antenna -supporting structure pursuant to article
VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna -
supporting structure;"
(5) Attached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
(6) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;" and
(7) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(1) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
b. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection;
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iii. a curb cut that is separated from any other curb cut on the
same side of US 1 by at least four hundred (400) feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean seas -level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
c. Vessels docked or stored shall not be used for live -aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C buffer -yard.
(3) Reserved
(4) Land use overlays, A, E, INS, PF, subject to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection
system(s) and accessory uses shall be screened by structures(s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
C. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior of the screening structure shall be established with
the following:
One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree for every ten (10)
linear feet of screening structure; and
ii. The required trees shall be evenly distributed throughout the
planting bed; and
iii. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
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Section 4. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of
any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County Code
and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform number
system of the Code.
Section 7. Approval by the State Department of Community Affairs. The provisions of
this Ordinance constitute a "land development regulation" as State law defines that term.
Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and
(11), Florida Statutes and to the Secretary of State for the State of Florida, as required.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie M. Spehar
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
ATTEST: Danny L. Kolhage, CLERK
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
go
Mayor Charles "Sonny" McCoy
MfONHOE CO UN 1tiTTORHEY
APPA EO A Tq FTJOD
Oat -
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1IL
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Clarence Feagin, Ph.D., AICP, Sr. Planner
Through: Townsley Schwab, Acting Director of Planning & Environmental Resources
Date: September 27, 2007
Subject: PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
MEETING DATE: November 14, 2007
1 I. PROPOSED REVISION
2
3 A. Petitioner:
4
5 The text amendment is proposed by the Department of Planning and
6 Environmental Resources.
7
8 B. Characteristics of the proposed text amendment
9 (1) Summary
10 a. Creates new definition for Seasonal Residential Unit by adding
11 Section 9.5-4 (S-2.1) to the Monroe County Code (MCC).
12 b. Creates new definition for Transient recreational vehicle unit by
13 adding Section 9.5-4 (T-4.1) MCC.
14 C. Includes Seasonal Residential Unit in the definition of a transient
15 residential unit in Section 9.5-4 (T-4) MCC.
16 d. Permits Seasonal Residential Units as a minor conditional use by
17 including it in Section 9.5-244 Recreational Vehicle District (RV)
18 (b) (2).
19
20 (2) Explanation
21
22 The proposed text amendment creates a Seasonal Residential Unit as a
23 permissible land use in the Recreational Vehicle (RV) land use district.
24 The proposal is to amend Section 9.5-4 (S-2.1) of the Monroe County
25 Code (MCC) to provide a definition for Seasonal Residential Unit and to
26 include it as a transient residential unit in Section 9.5-4 (T-4.1) MCC.
27 The proposed amendment also creates Section 9.5-4 (T-4.1) to provide a
Page i of 6 Reviewed by
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I definition for transient recreational vehicle unit, in order to establish
2 provisions for the conversion of transient recreational vehicle units to
3 Seasonal Residential Units.
4
5 In addition, Section 9.5-244 Recreational Vehicle District (RV) is
6 amended to permit attached or detached Seasonal Residential Units as a
7 minor land use activity, and provide standard conditions that must be met
8 in addition to any conditions that may be attached to a development order
9 by the Planning Director to ensure compatibility with surrounding
10 property, pursuant to Sections 9.5-61 through 9.5-68.
11
12 IL PRIOR COUNTY ACTION ON THIS PROPOSAL
13
14 A. Development Review Committee:
15
16 (1) At the July 24, 2007 DRC meeting planning staff and staff from FDOT
17 recommended further revisions to the proposed text amendment. The
18 revisions modified the definition of Seasonal Residential Unit, established
19 density limits, added minimum requirements for a development
20 agreement, and specified requirements for direct access to US 1. The item
21 was continued to the August 7, 2007 DRC meeting for further review.
22
23 (2) At the August 7, 2007 DRC meeting planning staff made further revisions
24 to the proposed text amendment. The revisions modified the definition of
25 Seasonal Residential Unit to clarify the number of rooms, bathrooms, and
26 kitchens that comprise a seasonal residential unit, provide for replacement
27 of existing units instead of establishing density limits, and remove the
28 provision for bulk regulations to be included in a development agreement
29 (DRC Resolution D17-07).
30
31 B. Planning Commission:
32
33 (1) On September 12, 2007 the Planning Commission heard the proposed text
34 amendment and received public comments. No changes to the proposed
35 text amendment were made and the item was continued to the September
36 meeting of the Planning Commission in Key Largo for further review and
37 consideration.
38
39 (2) On September 26, 2007 the Planning Commission heard the proposal in
40 Key Largo and recommended adoption with minor modifications for
41 clarification purposes only (PC Resolution P49-07).
42
43 C. Board of County Commissioners:
44
45 None.
46
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Reviewed by:
I III. ANALYSIS
2
3 A. Consistency with the Land Development Regulations
4
5 County requirements for amendments to the land development regulations:
6 Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Board of County
7 Commissioners may consider the adoption of an ordinance enacting proposed changes to
8 the text or maps based on one (1) or more of the following factors, for which the
9 following justification is provided:
10
11 (i) Changed projections (e.g., regarding public service needs) f om those on
12 which the text or boundary was based;
13
14 None.
15
16 (ii) Changed assumptions (e.g., regarding demographic trends);
17
18 None.
19
20 (iii) Data errors, including errors in mapping, vegetative types and natural
21 features described in volume I of the plan;
22
23 None.
24
25 (iv) Neiv issues;
26
27 None.
28
29 (v) Recognition of a need for additional detail or comprehensiveness; or
30
31 Since the adoption of the building permit allocation system (BPAS) in
32 1992, no new transient residential units have been allocated or built in the
33 Keys. As a result, transient residential units have not increased above
34 levels that originally existed in 1992. Nevertheless, the hotel and lodging
35 industry remains an important segment of our economic base today as it
36 did when our comprehensive plan was adopted. The data and analysis in
37 the County's Technical Document did not anticipate a demand for
38 additional land for new transient residential uses since there was a
39 prohibition on allocating new hotel rooms, campgrounds, or recreational
40 vehicle spaces. Because no new transient units have been built over the
41 past fifteen (15) years, existing transient and seasonal housing units are in
42 need of redevelopment to retain the lodging industry as a viable economic
43 engine of the Florida Key's. This amendment provides additional details
44 to the land use regulations, in order to improve physical living conditions
45 of transient residential units and maintain the Keys economic vitality
46 derived from our seasonal population.
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Reviewed by:
1
2 (vi) Data updates;
3
4 None.
5
6 B. Consistency with the Comprehensive Plan.
7
8 The proposed amendment is consistent with the following goals, objectives or
9 policies of the MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN.
10 Objective 101.7
11 Monroe County shall evaluate potential redevelopment areas and prepare
12 redevelopment plans for areas determined to be in need of redevelopment. [9J-
13 5.006(3)(b)2J
14
15 Policy 101.7.1
16 By January 4, 1998, Monroe County shall conduct a needs assessment of
17 potential redevelopment areas. This assessment shall analyze land use
18 changes, property values, structural conditions, business climate,
19 renter/owner ratios, commercial and residential vacancy rates, and other
20 indicators of economic vitality and physical living conditions for which
21 information is available.
22
23 C. Consistency with the Principles for Guiding Development in the Florida Keys
24 Area of Critical State Concern.
25
26 The proposed text amendment is consistent with the Principles for Guiding
27 Development as a whole and is not inconsistent with any Principle.
28 Specifically, the amendment furthers
29 Principle (a) To strengthen local government capabilities for managing land use
30 and development so that local government is able to achieve these objectives
31 without the continuation of the area of critical state concern designation, and
32 Principle (d) To ensure the maximum well-being of the Florida Keys and its
33 citizens through sound economic development, in that it provides for maintaining
34 existing transient residential uses that contribute tax revenues for economic and
35 infrastructure development and maintenance.
36 IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
37
38 1. The proposed text amendment meets one (1) of the factors in Section 9.5-511 of
39 the Monroe County Code that the BOCC may consider for amending the land use
40 regulations:
41
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Reviewed by;
I (v) Recognition of a need for additional detail or comprehensiveness
2
3 2. The proposed text amendment is consistent with the following comprehensive
4 plan objectives and policies of the Future Land Use Element:
5
6 1. Objective 101.7, and
7 2. Policy 101.7.1
8
9 3. The proposed text amendment is in the interest of public welfare.
10
11 The text amendment will ensure the maximum well-being of the Florida Keys and
12 its citizens through sound economic development.
13
14 4. The proposed text amendment is consistent with the Principles (a) and (d) of the
15 Principles for Guiding Development.
16
17 V. STAFF RECOMMENDATION:
18 Approval.
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Reviewed by:
DEVELOPMENT REVIEW COMMITTEE RESOLUTION D17-07
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL OF
AMENDMENTS TO THE TEXT OF THE FOLLOWING SECTIONS
OF THE MONROE COUNTY CODE; AMENDING SECTION 9.5-4 BY
ADDING A DEFINITION FOR SEASONAL RESIDENTIAL UNIT(S-
2.1), INCLUDING IN THE DEFINITION OF TRANSIENT
RESIDENTIAL UNIT (T-4) SEASONAL RESIDENTIAL UNIT AND
ADDING A DEFINITION OF TRANSITIONAL RECREATIONAL
VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY ADDING THE
USE OF SEASONAL RESIDENTIAL UNIT TO THE PURPOSE OF
THE RV LAND USE DISTRICT; AMENDING SECTION 9.5-244 BY
ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR
CONDITIONAL USE IN THE RV LAND USE DISTRICT;
PROVIDING GENERAL REQUIREMENTS FOR APPROVAL OF
SEASONAL UNITS WITHIN THE RV DISTRICT.
WHEREAS, There are a total of 11 RV land use districts in unincorporated Monroe
County containing a total of 658 RV spaces and 197 acres;
WHEREAS, Monroe County recognizes the need for additional flexibility within the
RV land use district to accommodate traditional seasonal residents;
WHEREAS, Historically the RV land use district has provided this flexibility;
WHEREAS, Monroe County recognizes the need for flexibility within the transient
use category to provide a seasonal occupancy;
WHEREAS, RV space owners desire the ability to construct new or convert existing
buildings into permanent structures for personal seasonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in the RV
land use district; and
WHEREAS, The Development Review Committee convened on July 24, 2007 and
August 7, 2007 to review the proposed text amendment and duly considered
comments and recommendations made by staff,
NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE:
Section 1. Section 9.5-4 is hereby amended as follows:
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Sec. 9.54 Definitions
(S-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities, and kitchen physically arranged to create a housekeeping
establishment for occupancy by one (1) family, with tenancies not to exceed 180
consecutive days.
(T-4) Transient residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit or space for parking a recreational
vehicle or travel trailer.
(14.1) Transitional recreational vehicle unit is a recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing a phased
transition from a traditional recreational vehicle park to a seasonal residential use
Section 2. Section 9.5-215 is hereby amended as follows:
See. 9.5-215 Purpose of the Recreational Vehicle District (RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles and other transient units such as seasonal
residential units.
Section 3. Section 9.5 — 244 is hereby amended as follows:
Sec. 9.5-244 Recreational Vehicle District (RV).
(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 twenty-eight
(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 (6) months or more is prohibited. Recreational vehicles may
be stored, but not occupied, for periods of six (6) 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 areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage
of recreational vehicles_
(2) Commercial retail uses of less than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent owner/ employee residential dwelling
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units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten (10) percent of total spaces allowed or in existence.
(4) Collocations on existing antenna -supporting structures, pursuant to article
VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite earth
stations."
(b) The following use is permitted as a minor conditional use in the recreational
Vehicle District, subject to the standards and procedures set forth in article I11,
division 3:
(1) Hotels providing less than fifty rooms, provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
ii. Marina; and
iii. Tennis court.
(2) Attached or detached seasonal residential units provided that:
a. The units meet all land development regulations floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
b. Any redevelopment proposal resulting in conversion of lawfully
established RV spaces to seasonal residential units must maintain a
minimum of ten (10%) percent as RV spaces or as approved by the
Board of County Commissioners;
c. The development of seasonal residential units shall occur only in gated
RV parks with a managing entity responsible for evacuation
d. The proposed site is subject to an approved development agreement
with Monroe County detailing at a minimum:
i. All proposed transitional recreational vehicle units-,
ii. A proposed site plan;
iii. A design strategy demonstrating separation of transient unit
types on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines,•
iv. A statement of commitment for the park to adhere to transient
evacuation regulations;
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V. A phasing planas appropriate detailing timelines for project
completion;
vi. Access to US I is by way of•
i. an existing curb cut;
ii. a signalized intersection; or
iii. a curb cut that is separated from any other curb cut on
the same side of US 1 by at least four hundred (400)
feet.
(4
+Parks and community parks;
(-3)
(Replacement of an existing antenna -supporting structure pursuant to article
VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna -
supporting structure;"
(44
LaAttached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
(44
fLStealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;" and
(64
LLSatellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(1) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
b. Access to US 1 is by way of
i. an existing curb cut;
ii. a signalized intersection;
iii. a curb cut that is separated from any other curb cut on the
same side of US 1 by at least four hundred (400) feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean seas -level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
c. Vessels docked or stored shall not be used for live -aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
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established residential use by a class C buffer -yard.
(3) Reserved
(4) Land use overlays, A, E, INS, PF, subject to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection
system(s) and accessory uses shall be screened by structures(s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
C. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior of the screening structure shall be established with
the following:
i. One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree for every ten (10)
linear feet of screening structure; and
ii. The required trees shall be evenly distributed throughout the
planting bed; and
iii. the planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of
any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included
and incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform number
system of the Code.
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Section 7. Approval by the State Department of Community Affairs. The
provisions of this Ordinance constitute a "land development regulation" as State law defines
that term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to Sections
380.05(6) and (11), Florida Statutes and to the Secretary of State for the State of Florida, as
required.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
approval by the State Department of Community Affairs pursuant to Chapter 380, Florida
Statutes.
Recommended by the Monroe County Development Review Committee on the 7th day of
August, A.D., 2007.
By: Date: Q
Townsley Schwa , Acting Director, Department of Planning & Environmental Resources
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017.07 Page 6 of 6
PLANNING COMMISSION RESOLUTION NO P49-07
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENTS TO THE TEXT OF
THE FOLLOWING SECTIONS OF THE MONROE COUNTY CODE;
AMENDING SECTION 9.5-4 BY ADDING A DEFINITION FOR SEASONAL
RESIDENTIAL UNIT(S-2.1), INCLUDING IN THE DEFINITION OF
TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL RESIDENTIAL UNIT
AND ADDING A DEFINITION OF TRANSITIONAL RECREATIONAL
VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY ADDING THE USE OF
SEASONAL RESIDENTIAL UNIT TO THE PURPOSE OF THE RV LAND
USE DISTRICT; AMENDING SECTION 9.5-244 BY ADDING THE
SEASONAL RESIDENTIAL UNIT AS A MINOR CONDITIONAL USE IN
THE RV LAND USE DISTRICT; PROVIDING GENERAL REQUIREMENTS
FOR APPROVAL OF SEASONAL UNITS WITHIN THE RV DISTRICT
WHEREAS, There are a total of 11 RV land use districts in unincorporated Monroe
County containing a total of 658 RV spaces and 197 acres;
WHEREAS, Monroe County recognizes the need for additional flexibility within the
RV land use district to accommodate traditional seasonal residents;
WHEREAS, Historically the RV land use district has provided this flexibility;
WHEREAS, Monroe County recognizes the need for flexibility within the transient
use category to provide a seasonal occupancy;
WHEREAS, RV space owners desire the ability to construct new or convert existing
buildings into permanent structures for personal seasonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in the RV
land use district; and
WHEREAS, The Development Review Committee convened on July 24, 2007 and
August 7, 2007 to review the proposed text amendment and duly considered comments and
recommendations made by staff; and
WHEREAS, On September 12, 2007 the Planning Commission heard the proposed
text amendment in Marathon and continued it for a second hearing on September 26, 2007 in
Key Largo, and in due consideration of public testimony and the recommendations made by
staff, approved the text amendments with minor revisions for clarification purposes only,
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Page I of 6
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY PLANNING
COMMISSION THAT:
Section 1. Section 9.5-4 is hereby amended as follows:
[Stfikot s represent deletions of existing words or language in the text.]
f Underlined words represent added words or language to the text.]
Sec. 9.5-4 Definitions
(S-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities and kitchen physically. arranged to create a housekeeper
establishment for occupancy by one (1) family, with tenancies not to exceed 180
consecutive days.
(T-4) Transient residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit, or space for parking a recreational
vehicle or travel trailer.
(T-4.1) Transitional recreational vehicle unit is a recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing; a _phased
transition from a traditional recreational vehicle nark to a seasonal residential use
Section 2. Section 9.5-215 is hereby amended as follows:
Sec. 9.5-215 Purpose of the Recreational Vehicle District (RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles and other transient units such as seasonal
residential units.
Section 3. Section 9.5 — 244 is hereby amended as follows:
Sec. 9.5-244 Recreational Vehicle District (RV).
(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 twenty-eight
(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 (6) months or more is prohibited. Recreational vehicles may
be stored, but not occupied, for periods of six (6) months or greater only in an
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Page 2 of 6
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 areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage
of recreational vehicles.
(2) Commercial retail uses of less than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent owner/ employee residential dwelling
units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten (10) percent of total spaces allowed or in existence.
(4) Collocations on existing antenna -supporting structures, pursuant to article
VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite earth
stations."
(b) The following use is permitted as a minor conditional use in the recreational
Vehicle District, subject to the standards and procedures set forth in article III,
division 3:
(1) Hotels providing less than fifty rooms, provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
ii. Marina; and
iii. Tennis court.
(2) Attached or detached seasonal residential units provided that:
a. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9 5 101
9.5-102 and further defined below.
b. The units meet all land development regulations floodplain
management regulations building code and life safety requirements
for the development of transient structures;
c. In any redevelopment proposal resulting in conversion of lawfully
established RV spaces to seasonal residential units the County prefers
to maintain a minimum of ten (10%) percent as RV spaces or as
approved by the Board of County Commissioners;
P49-07 final Page 3 of 6
d. The development of seasonal residential units shall occur only in gated
RV arks with a managing entity responsible for evacuation
e. The proposed site is subject to an approved development agreement
with Monroe County detailing at a minimum•
i. All proposed transitional recreational vehicle units;
ii. A proposed site plan;
iii. A design strategy demonstrating separation of transient unit
des on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines;
iv. A statement of commitment for the park to adhere to transient
evacuation regulations;
V. A phasing plan as appropriate detailing timelines for project
completion;
vi. Access to US 1 is by way of
i. an existing curb cut;
ii. a signalized intersection; or
iii. a curb cut that is separated from any other curb cut on
the same side of US 1 by at least four hundred (400)
feet. -
P4
alParks and community parks;
(4)-Replacement of an existing antenna -supporting structure pursuant to article
VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna -
supporting structure;"
(44
LAttached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;" and
K4
GISatellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(1) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
P49-07 final Page 4 of 6
b. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection;
iii. a curb cut that is separated from any other curb cut on the
same side of US 1 by at least four hundred (400) feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean seas -level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
c. Vessels docked or stored shall not be used for live -aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C buffer -yard.
(3) Reserved
(4) Land use overlays, A, E, INS, PF, subject to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection
system(s) and accessory uses shall be screened by structures(s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
C. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior of the screening structure shall be established with
the following:
i. One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree for every ten (10)
linear feet of screening structure; and
ii. The required trees shall be evenly distributed throughout the
planting bed; and
iii. the planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
P49-07 final Page 5 of 6
Section 4. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of
any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County Code
and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform number
system of the Code.
Section 7. Approval by the State Department of Community Affairs. The provisions of
this Ordinance constitute a "land development regulation" as State law defines that term.
Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and
(11), Florida Statutes and to the Secretary of State for the State of Florida, as required.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 261" day of September, 2007.
James D. Cameron, Chair
YES
Randolph D. Wall, Vice Chair
NO
John Marston, Commissioner
YES
Sherry Popham, Commissioner
NO
Donna Windle, Commissioner
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
James D. Cameron, Chair
Signed this day of 2007.
P49-07 final Page 6 of 6