07-26-05 Item 19South Miami
CITY OF SOUTH MIAMI JUI-AmedeaChy
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
zoo1
To: Honorable Mayor, Vice Mayor
And Commission Members
From: Maria Davis r
City Manag
Date: July 26, 2005
Re: LDC Amendment: Storage,
and parking of Recreational
Vehicles
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CREATING SUBSECTION 20- 3.6(S) OF
THE CITY'S LAND DEVELOPMENT CODE RELATING TO STORAGE OF
RECREATIONAL VEHICLES IN ORDER TO FURTHER REGULATE ACCESSORY
STORAGE OF SAME; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND
For many years the city has received reports and complaints that recreational vehicles are being parked
overnight on public streets, being stored in the front yards of single family homes, and being used for
sleeping and dwelling purposes, all of which detracts from the aesthetic harmony and general orderliness
of the city's residential neighborhoods.
The City's Land Development Code (Sec.20 -3.6L) currently prohibits the storage of "camp trailers" in
front yard setback areas. Aside from this regulation there are no other provisions related to the storage,
street parking or living in a recreational vehicle.
Based upon a recent code enforcement issue related to recreational vehicles, the City Commission
requested the City Attorney and the Planning Department to prepare and process the necessary
legislation to respond to these concerns.
LEGISLATIVE HISTORY
In 2001 a proposed ordinance was drafted that provided regulations for storage of boats, trailers and
recreational vehicles. In April the Planning Board conducted a public hearing on the draft legislation. A
number of residents present who were boat owners expressed concern about the proposed amendment
and how it would impact them. The proposed legislation was then deferred by the Board and the City
Commission.
PROPOSED LEGISLATION(2005)
The current proposed legislation provides regulations for the storage and parking of recreational
vehicles only. The following is a summary of the proposed regulations:
• Recreational vehicles are defined;
LDC Amendment
RV's
July 26, 2005
Page 2 of 3
• Prohibits overnight parking of recreational vehicles on streets or other public places;
• Allows recreational vehicles to be parked on sites containing a residence;
• Requires recreational vehicles to have a current vehicle registration license plate;
• Prohibits sleeping in or living in a recreational vehicle at any location in the City;
• Prohibits recreational vehicles from being parked or stored in the area forward of the front building
line, in the side setback area, or within 10 feet of the rear property line;
• Provides specific restrictions on the maximum size of a parked recreational vehicle.
STAFF OBSERVATIONS
(1) The concerns expressed are issues that clearly affect quality of life within typical South Miami
residential neighborhoods. Generally, the City's residential neighborhoods consist of small and moderate
size lots with minimal distances between homes and primarily facing two -lane streets. The parking of
large recreational vehicles in the front yards of homes and on the street is visually unattractive, impedes
traffic and contributes to a sense of overcrowding. A number of municipalities have adopted strict Land
Development Code regulations concerning the parking and storage of recreational vehicles.
(2) The proposed regulations are similar to those now in effect for unincorporated Miami -Dade.
(3) It is important to note that certain property owners may be burdened by the ordinance, if they own
recreational vehicles that they currently store in the front, side, or rear yard setbacks. The Board may
wish to allow a "grandfather" provision, whereby recreational vehicle owners may apply for a temporary
non - conforming status during the time period after the ordinance is enacted and the time owners can
comply with the new regulations.
PLANNING BOARD ACTION
The Planning Board at its July 12, 2005 meeting adopted a motion by a vote of 3 ayes 2 nays
recommending denial of the proposed RV regulations.
RECOMMENDATION
The Administration is supportive of the need to provide regulations to guide parking and storage of
recreational vehicles. Although the Planning Board recommended denial it appears from their minutes
that several Board members wanted to adjust some of the proposed parking restrictions in order to
respond to concerns expressed.
The Administration is proposing that the setback limitations paragraph - Sec.20- 3.6(S)2(c)(iii) on p.2, be
revised to read:
(iii) The location for such parked RV shall be in the rear yard or in the side
yard to the rear of a line established by the front building line closest to
4em the street and set back to the rear building line wherever possible, but in no
event in front of such front building line. Such RV may be located in the side
setback provided that a 6 foot high wall, fence or landscaping is installed
along the area adiacent to the parked RV
LDC Amendment
R V's
July 26, 2005
Page 3 of 3
and shall be set back from the rear property line at least ten (10) feet.
It is recommended that the proposed amendment effecting recreational vehicles as modified above be
approved.
Attachment:
Draft Ordinance
Planning Board Minutes Excerpt, July 12, 2005
Public notices
MD/DOD /SAY
E: \Comm Items\2 05 \7- 26- 05\LDC Amend RV's Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 CREATING SUBSECTION 20- 3.6(S) OF THE CITY'S LAND
6 DEVELOPMENT CODE RELATING TO STORAGE OF
7 RECREATIONAL VEHICLES IN ORDER TO FURTHER
8 REGULATE ACCESSORY STORAGE OF SAME; PROVIDING
9 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami
13 currently, the City of South Miami Land Development Code does not prohibit the storage
14 of "camp trailers" or recreational vehicles in the required front yard setback of properties
15 within the city; and,
16
17 WHEREAS, the city has received several reports of recreational vehicles being
18 parked overnight on public streets, being stored in the front yards of single family homes,
19 and being used for sleeping and dwelling purposes, all of which detracts from the
20 aesthetic harmony and general orderliness of the city's residential neighborhoods; and,
21
22 WHEREAS, after review and consideration, the Planning Board has recommended
23 creating subsection 20- 3.6(S) entitled "Accessory Storage of Recreational Vehicles," to
24 prohibit sleeping in, or the overnight parking of recreational vehicles on public streets
25 and to extend the limitation on storage of recreational vehicles in required front yard
26 setbacks; and,
27
28 WHEREAS, on July 12, 2005, after a Public Hearing regarding the proposed
29 amendment to Section 20 -3.6 of the Land Development Code, the Planning Board voted
30 3 ayes 2 nays recommending denial of the amendment.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
34
35 Section 1. Section 20- 3.6(S) of the Land Development Code of the City of South
36 Miami is hereby created and shall read as follows:
37
38
39 Sec. 20- 3.6(S) Accessory Storage of Recreational Vehicles.
4
4 (1) Definitions.
4
Page 1 of 4
Recreational Vehicle RV) Shall mean a vehicle self - propelled or capable of
being towed and primarily designed constructed or converted to provide temporary
living quarters for camping or recreational travel Recreational vehicles shall include, but
not be limited to, trailers off road vehicles, trailer coaches, camping trailers, full -tent
trailers motor homes and mini -motor homes Sport utility vehicles (SUV's) and vans
designed for and containing seating eating for the transportation of not more than nine (9)
1 persons and containing rear and side windows shall not be considered recreational
1 vehicles.
11 (2 ) Storage Regulations.
if (a) No recreational vehicles shall be parked upon the streets or other public
R places of the city between the hours of 7.00 p.m. on one day and 7:00 a.m. of the next
1 day.
1 (b) No recreational vehicles shall be used as a place of abode or dwelling while
2 parked within the city, either on public or private property. Exceptions to this provision
21 may be made in the case of city approved special events, or during a city declared state of
2 emergency
2
2 (c) RVs shall not be used as temporary living quarters and may be parked in
2 the open on sites containing a residence subject to the following conditions:
21 (i) No more than one (1) such RV shall be parked on such site.
2 c, (ii) Such parking shall be limited to such RV owned or leased by the
3C occupant -owner or occupant- lessee of the site concerned. A guest of the occupant -owner
31 or occupant- lessee of the site concerned with the parking of such RV by guest shall be
3 limited to a period not to exceed fourteen (14) days.
iii) The location for such narked RV shall be in the rear yard or in the
side yard to the rear of a line established by the front building line furthest from the street
and set back to the rear building line wherever possible, but in no event in front of such
front building line. Such RV shall be setback from side property lines at a distance
equivalent to the required side setback for the principal building and shall be set back
from the rear property line at least ten (10) feet.
Page 2 of 4
(iv) The RV parking area shall be maintained in a clean, neat and
presentable manner.
(v) The RV shall be in a usable condition at all times and shall, at all
times have attached a current vehicle registration license plate.
(vi) No major repairs or overhaul work on such RV shall be made or
performed on the site (or any other work performed thereon which would constitute a
nuisance under existing ordinances).
(vii) When parked on the site, such RV shall not be used for living or
sleeping quarters or for housekeeping or storage purposes and shall not have attached
thereto any service connections lines, except as may periodical) be required to maintain
the RV and appliances.
1 (viii) Such RV shall not exceed the maximum length, width, height and
2 weight permitted under Uplicable provisions of the motor vehicle laws of the State of
21 Florida; provided however, the maximum length shall not exceed thirty (30) feet and the
2 maximum height shall not exceed fifteen (15 ) feet.
2 (ix) Such RV shall be secured so that it will not be a hazard or menace
2 during high winds or hurricane.
2
2 (x) No major repairs or overhaul work shall be made or performed on
2 the premises.
2 cl
3 (xi) The recreational vehicles shall not be used for living or sleeping
31 quarters while parked in the storage area. Cross reference with 20- 3.6(S)(c)(ii).
32
33
34 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
36 shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 3. All ordinances or parts of ordinances in conflict with the provisions
39 of this ordinance are repealed.
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Page 3 of 4
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Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of
READ AND APPROVED AS TO FORM
CITY ATTORNEY
EXomm Items\2005 \7- 26- 05 \LDC Amend RV's Ord -doc
2005.
APPROVED:
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
Page 4 of 4
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INCORPORATED
1927
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 12, 2005
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:40 P.M.
Action: The Pledge of Allegiance was recited.
II. Roll Call
Action: Mr: Morton Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Illas, Ms. Yates,
Mr. Liddy and Mr. Mann.
Board members absent: Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director) Sanford A. Youkilis
(Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman
(Planning Board Secretary):
TII. Planning Board Applications / Public Hearings
Mr. Morton swore in the speakers
PB -05 -023
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CREATING SUBSECTION 20- 3.6(S)
OF THE CITY'S LAND DEVELOPMENT CODE RELATING TO STORAGE OF
RECREATIONAL VEHICLES IN ORDER TO FURTHER REGULATE
Planning Board Meeting
July 7, 2005
Page 2 of 4
ACCESSORY STORAGE OF SAME; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Action: Ms. Yates read the item into the record. Mr. O'Donniley explained that
concerns about the storage and parking of recreational vehicles resulted in the
Mayor and City Commission directing the City Attorney to look into how the
County regulates recreational vehicles and to prepare the necessary legislation to
respond to these concerns. The current proposed legislation provides regulations for
the storage and parking of recreational vehicles only.
At this time, Mr. O'Donniley provided a summary of the proposed legislation:
• Recreational vehicles are defined;
• Prohibits overnight parking of recreational vehicles on streets or other
public places;
• Allows recreational vehicles to be parked on site containing a residence;
• Requires recreational vehicles to have a current vehicle registration license
plate;
• Prohibits sleeping in or living in a recreational vehicle at any location in the
City;
Prohibits recreational vehicles from being parked or stored in the area
forward of the front building line, in the side setback, or within 10 feet of
the rear property line ;
• Provides specific restrictions on the maximum size of a parked recreational
vehicle.
In addition, Mr. O'Donniley provided the following staff observations:
1 The concerns expressed are issues that clearly affect quality of life within
typical South Miami residential neighborhoods. Generally, the City's
residential neighborhoods consist of -small and moderate size lots with
minimal distances between homes facing two -lane streets. The parking of
large recreational vehicles in the front yards of homes and on the street is
visually unattractive, impedes traffic and contributes to a sense of
overcrowding. A number of municipalities have adopted strict Land
Development Code regulations concerning the parking and storage of
recreational vehicles.
2. The proposed 'regulations are similar to those now in effect for
unincorporated Miami -Dade.
3. Mr. O'Donniley advised that certain property owners may be burdened by
the ordinance, if they own recreational vehicles that they currently store in
the front, side, or rear yard setbacks. The Board may wish to allow a
".grandfather" provision, whereby recreational vehicle owners may apply for
a temporary non - conforming status during the time period after the
Planning Board Meeting
July 7, 2005
Page 3 of 4
ordinance is enacted and the time owners can comply with the new
regulations.
Recommendation
Planning staff recommended that the proposed amendment effecting recreational
vehicles only be approved.
Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Cal Rosenbaum 6101 Sunset Drive. Supported
Mr. Rosenbaum agreed with the Planning Director. In addition, he suggested an
amendment that would provide in the event of a major catastrophe individuals may
live in their RV's, if they obtain a temporary permit.
Sheila Gabley Opposed
Ms. Gabley stated she does not own an RV nor intends to buy one, however, she
does not see RVs as a problem as long as the owner keeps the RV safely on their
property. In addition, Ms. Gabley opposed the legislation because she did not think
it was needed.
Edna K. Davis Opposed
Ms. Davis opposed the legislation because she believed it would create a burden
particularly with the rule that refers to the specific location and the required
setbacks. In order to comply with the regulations she would need to pay a monthly
fee to have the RV stored elsewhere or change the way my property is constructed.
Bob Welch Opposed
Mr. Welch stated that the amount of RV owners in the City is only 15. He also
disagreed with the legislation because it regulated the RV's like the City regulates
the building of a house.
Carl Forbis 6474 Manor Lane Opposed
Mr. Forbis indicated he drove around the City in preparation for this topic and he
counted only 11 RV in the City. He opposes the legislation completely.
Ernie Lara Opposed
Mr. Lara stated he has had his RV in the City since 1977 and he had never had a
problem until recently when his neighbor called Code Enforcement. He complied
with the citation with regards to the RV and does not agree with the legislation.
Joe Salas 5958 SW 58 Terr Opposed
Mr. Salas stated he has lived in the City for a number of years and he is satisfied
with the City's regulations however, he opposes completely this legislation.
Mr. Morton closed the public hearing.
Planning Board Meeting
July 7, 2005
Page 4 of 4
Board member Mr. Mann expressed concern over the fact that this legislation is
picking one type of recreational vehicle over others. In addition, he commented that
he believes that boat and RV regulation should be equal. He also stressed that the
side and rear setbacks will create a hardship to the RV owners especially since
some lots are small. Board member, Ms. Yates agreed with Mr. Mann in that the
legislation signals out RV owners only. Furthermore, Ms. Yates indicated that
either the regulation restricts everything equal or just to leave the RVs alone.
Mr. Morton re- opened the public hearing.
Ernie Lara Opposed
Mr. Lara clarified to the Board the situation of his RV with the signage on it.
Cal Rosenbaum 6101 Sunset Drive. Neutral
Mr. Rosenbaum indicated than the number of RV owners that have been counted
represent far less than a half of one percent of the population of South Miami. He
also suggested that the Board inform the Commission they have reviewed the
legislation but make no recommendation."
Motion: Mr. Illas moved to deny the legislation. No one seconded the motion.
The motion died for lack of a second.
Motion: Mr. Mann made a motion to send this legislation back to the Commission
and letting them decide since they have direct input from the community. His
comment to the Commission was that they should make the side setback be to the
property line, and that all owners of RVs, boats, and other vehicles all have equal
treatment. No one seconded the motion
Discussion resumed in regards to the motion on the floor. Some Board members
were confused about Mr. Mann's motion. Mr. O'Donniley clarified the motion at
Mr. Morton's request by stating that perhaps the Commission needed to further
study the legislation as drafted and address the hardships of the setbacks. In
addition, Mr. Mann indicated he would not recommend approval of the legislation
as written; however, he believed the legislation needed some tweaking made by the
Commission specifically eliminating the side setback and consider incorporating a
grandfather clause option.
At this point, Mr. Mann withdrew his previous motion.
Motion: Mr. Mann made a motion to deny the RV regulation as submitted.
Mr. Illas'seconded the motion,
Voter Ayes 3 Nays 2 (Mr. Morton, Mr. Liddy)
The motion was adopted.
DOD /SAY /pel
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