08-02-05 Item 10SOU7, South Miami
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CITY OF SOUTH MIAMI JUI. efacacity
OFFICE OF THE CITY MANAGER
INCORPORATES
1927 INTER- OFFICE MEMORANDUM a
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2001
To: Honorable Mayor, Vice Mayor Date: August 2, 2005
And Commission Members L ITEM No.
From: Maria Davis Re: LDC Amendment: Storage,
City Manager //01:du 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
August 2, 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.
CITY COMMISSION ACTION
The City Commission at its first reading of the ordinance on July 26, 2005 deferred action and suggested
that certain sections of the draft legislation be revised. This included a clarification of the definition of a
recreational vehicle. In addition the Administration's revision to subparagraph (iii) (p.2) on parking in
the side setback is also included in the attached revised ordinance which shows new wording in bold and
wording to be removed in strikethrough. In order to respond to concerns related to "commercial
vehicles" the Planning Department will prepare an amendment (separate ordinance) to the Land
Development Code which will clarify the current definition of that term.
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.
LDC Amendment
RV's
August 2, 2005
Page 3 of 3
The Administration is proposing that the setback limitations set forth in 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
fiom 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
alone the area adiacent to the parked RV P--`-
and shall be set back from the rear property line at least ten (10) feet.
It is recommended that the attached revised ordinance effecting recreational vehicles be approved on
first reading.
Attachment:
Revised Draft Ordinance
Planning Board Minutes Excerpt, July 12, 2005
Public notices
MD /DOD /S
E: \Comm Items\2005 \8 -2 -05 \LDC Amend RV's Report.doc
1 ORDINANCE NO:
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, ' RELATING TO CREATING
5 SUBSECTION 20- 3.6(S) OF THE CITY'S LAND DEVELOPMENT CODE
6 RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER
7 TO FURTHER REGULATE ACCESSORY STORAGE OF SAME;
8 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
9 AN EFFECTIVE DATE.
10
I 1 WHEREAS, the Mayor and City Commission of the City of South Miami currently, the
12 City of South Miami Land Development Code does not prohibit the storage of "camp trailers" or
13 recreational vehicles in the required front yard setback of properties within the city; and,
14
15 WHEREAS, the city has received several reports of recreational vehicles being parked
16 overnight on public streets, being stored in the front yards of single family homes, and being
17 used for sleeping and dwelling purposes, all of which detracts from the aesthetic harmony and
18 general orderliness of the city's residential neighborhoods; and,
19
20 WHEREAS, after review and consideration, the Planning Board has recommended
21 creating subsection 20- 3.6(S) entitled "Accessory Storage of Recreational Vehicles," to prohibit
22 sleeping in, or the overnight parking of recreational vehicles on public streets and to extend the
23 limitation on storage of recreational vehicles in required front yard setbacks; "and,
24
25 WHEREAS, on July 12, 2005, after a Public Hearing regarding the proposed amendment
26 to Section 20 -3.6 of the Land Development Code, the Planning Board voted 3 ayes 2 nays
27 recommending denial of the amendment:
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
31
32 Section 1. Section 20- 3.6(S) of the Land Development Code of the City of South Miami
33 is hereby created and shall read as follows:
34
35 Sec. 20- 3.6(S) Accessory Storage of Recreational Vehicles.
36
37 (1) Definitions.
38
39 Recreational Vehicle (RTC. Shall mean a vehicle self- propelled or capable of being
40 towed and primarily designed, constructed or converted to provide temporary living quarters for
41 camping or recreational travel. Recreational vehicles shall include but not be limited to trailers
42 off road vehicles trailer coaches camping trailers full -tent trailers motor homes and mini -motor
43 homes 'c� nd xinna a ra rt,,;r;,..X ewe
44
45 be p- &-m-si e-re feefenifi-02 „ l ehie'es.'A boat shall not be considered a recreational vehicle as
46 defined and regulated by this section.
Page 1 of 3
1
2
3
4 (2) Storage Regulations.
5
6 (a) No recreational vehicles shall be parked upon the streets or other public places of
7 the city between the hours of 7:00 p.m. on one day and 7:00 a.m. of the next dam
8
9 (b) No recreational vehicles shall be used as a place of abode or dwelling while
10 parked within the city, either on public or private property. Exceptions to this provision may be
11 made in the case of city approved special events, or during a city declared state of emergency.
12
13 (c) An RV shall not be used as temporary living iving quarters and may be parked in the open,
14 on sites containing a residence, subject to the following conditions:
15
16 (i) No more than one (1) such RV shall be parked on such site.
17
18 (ii) Such parking shall be limited to such RV owned or leased by the
19 occupant -owner or occupant - lessee of the site concerned. A guest of the occupant -owner or
20 occupant- lessee of the site concerned with the parking of such RV by guest shall be limited to a
21 period not to exceed fourteen (14) dg�s
22
23 ( iii) The location for such parked RV shall be in the rear yard or in the side
24 yard to the rear of a line established by the front building line closest to the street
25 and set back to the rear building line wherever possible, but in no event in front of such front
26 building line. Such RV may be located' in the side setback provided that a 6 foot high wall,
27 fence or landscaping is installed along the area adjacent to the parked RV
28
29 bu4ding and shall be set back from the rear property line at least ten (10) feet.
30
31 (iv) The RV parking area shall be maintained in a clean, neat and presentable
32' manner.
33
34 (v) The RV shall be in a usable condition at all times and shall, at all times
35 have attached a current vehicle registration license plate.
36
37 (vi) No major repairs or overhaul work on such RV shall be made or
38 performed on the site, (or any other work performed thereon which would constitute a nuisance
39` under existing ordinances).
40
41 (vii) When parked on the site, such RV shall not be used for living or r sleeping
42 quarters, or for housekeeping or storage purposes and shall not have attached thereto any service'
43 connections lines, except as may periodically be required to maintain the RV and appliances.
44
45
46
Page 2 of 3
l
2 (viii) Such RV shall not exceed the maximum length, width, height and weight
3 permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided,
4 however, the maximum length shall not exceed thirty (30) feet and the maximum height shall not
5 exceed fifteen (15) feet`.
6.
7 (ix) Such RV shall be secured so that it will not be a hazard or menace during
8 high winds or hurricane.
9
10 (x) No major repairs or overhaul work shall be made or performed on the
11 premises.
12"
13 (xi) The recreational vehicles shall not be used for living or r Sleeping quarters
14 while parked in the storage area. (Cross reference with 20- 3.6(S )(c)(ii).
15 ,
16 (d) A recreational vehicle may not be used as a commercial vehicle as defined by this
17 Code or the City Code.
18 -
19 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
20 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
21 validity of the remaining portions of this ordinance.
22
23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
24 ordinance are repealed.
25
26 Section 4. This ordinance shall be codified and included in the Code of Ordinances.
27
28 Section 5.. This ordinance shall take effect immediately upon enactment.
29
30 PASSED AND ADOPTED this day of 2005.
31
32 ATTEST: APPROVED:
33
34
35 CITY CLERK MAYOR
36
37 1st Reading
38 2nd Reading —
39 COMMISSION VOTE:
40 READ AND APPROVED AS TO FORM Mayor Russell:
41 Vice Mayor Palmer:
42 Commissioner Birts- Cooper:
43 CITY ATTORNEY Commissioner Sherar:
44 Commissioner Wiscombe:
45
46 E: \Comm Items\2005 \7- 26- 05\LDC Amend RV's Ord-doe
SOUTH
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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).
III. 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 that 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.
Vote: Ayes 3 Nays 2 (Mr., Morton, Mr. Liddy)
The motion was adopted.
DOD /SAY /pel
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