Legislative Matter

Miami-Dade Legislative Item
File Number: 151777

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File Number: 151777

File Type: Ordinance

Status: In Committee

Version: 0

Reference:

Control: Board of County Commissioners

File Name: RECREATIONAL VEHICLE AND BOAT STORAGE

Introduced: 7/30/2015

Requester: NONE

Cost:

Final Action: 2/2/2016

Agenda Date: 2/2/2016

Agenda Item Number: 7L

Notes:

Title:

ORDINANCE RELATING TO ZONING; PROVIDING FOR INCREASED HEIGHT AND LENGTH IN RECREATIONAL VEHICLE AND BOAT STORAGE; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	ZONING
	BOATS

Sponsors:	Esteban L. Bovo, Jr., Prime Sponsor
	Sally A. Heyman, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	2/2/2016	7L	Withdrawn				P

Board of County Commissioners	1/20/2016	7B	Deferred				P
REPORT:	County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Heyman that the proposed ordinance be adopted. This motion was seconded by Commissioner Edmonson. Commissioner Moss spoke in opposition to the foregoing item. He said he was unaware of any municipalities that allowed 40-foot vessels and recreational vehicles to be parked in residential neighborhoods; and this should not be allowed within unincorporated Miami-Dade County. Commissioner Heyman explained the rationale for this proposal. She advised that a new standard was established allowing for larger boats that were safe to trailer as the weight was reduced but the size was longer; and the manufacturers were changing the design structure for recreational vehicles (RVs), which would change the height and the width. Commissioner Heyman observed that at the local government level, the users had to store their RVs at trailer parks; and were unable to save money if they had the grounds at a private home to store a vessel, and be able to trailer it. She noted cities could adopt this change if it was adopted by the County. Commissioner Sosa said she could not support the proposed ordinance, as she believed the character of the residential areas should be protected. Commissioner Zapata said the foregoing ordinance was well-intended; however, he believed the consequences outweighed the benefits, as it would be disruptive to the neighborhoods. Commissioner Bovo noted boats were currently allowed to park in homes where they were not seen from the street; and this proposal would extend the boat or the RV by one foot. In response to questions from Commissioner Levine Cava and Commissioner Suarez, Mr. Nathan Kogan, Assistant Director, Development Services, Regulatory and Economic Resources, said boats had to be located behind the front building plane of the house, behind an opaque fence, and on the side. He noted the current ordinance allowed for boats 30 feet and below in length. Following further comments, the Board deferred the foregoing proposed ordinance to no date certain. Commissioner Levine Cava pointed out the County would be losing revenue until this issue was resolved. Commissioner Jordan said the foregoing proposed ordinance was not deferred to a date certain and it may be several months before this item came back to the Board. She expressed concern that the County was losing revenue and was not continuing enforcements. Commissioner Jordan noted Commissioner Levine Cava’s comments related to Commissioner Sosa’s proposal which had not yet been considered by the Board.

Unincorporated Municipal Service Area (UMSA) Cmte	12/8/2015	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Miguel Gonzalez read into the record the title of the foregoing proposed ordinance. Chairman Souto opened the public hearing; and there being no one wishing to speak, the public hearing was closed. Chairman Souto explained the rationale of the foregoing ordinance, noting that it would address Code violations and the enforcement of fines in connection with boat and RV storage. He expressed his concern for issues relating to human trafficking. Chairman Souto suggested that this Committee should defer further consideration of this legislation until workshops were held to further discuss and analyze in depth the concerns surrounding this legislation prior to taking action. Commissioner Heyman explained that she had asked the industry last summer to ask for the sponsorship and support of the Transportation chair when she was asked to support this issue. She also explained that this legislation was about the sales of new and more efficient boats and RVs; and it addressed these newer, more efficient recreational products being currently built, which were in violation of the provisions of the Code due to their increased size. She advised that no safety issues had been identified after reviewing the issues of concern. Following clarification from the County Attorney’s Office, Commissioner Heyman noted the item had already been deferred twice; and it would be laid on the table if it was deferred again. Chairman Souto advised that his concern was about allowing storage of large boats in residential areas due to safety and fire related risks since these boats stored large amounts of gasoline. Commissioner Jordan asked that the item be moved and seconded for discussion. It was moved by Commissioner Bovo that the Unincorporated Municipal Service Area (UMSA) Committee forward the foregoing proposed ordinance to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Heyman, and the Committee members continued their discussion on the item. Chairman Souto continued expressing his concern for other safety related issues relating to homeland security, human trafficking, and terrorism. He suggested that consideration of this issue be deferred, and he expressed his desire not to continue partaking in its consideration followed by exiting the meeting. Commissioner Heyman stated that the very idea an owner of a boat of any size could be associated with terrorism was the wrong message and statement to prevail, and there was human trafficking legislation in place for enforcement in the criminal justice system. She noted that human trafficking and this legislation had no correlation, and the members of this Committee needed to proceed with its consideration and take action due to the increase in boat and RV sales during the holidays. Commissioner Bovo advised that he understood a valid concern was raised in connection with the storage of RVs and boats in residential properties due to potential fire risks, and this issue needed to be reviewed. He explained that the report submitted by the Fire Rescue Department outlining historical data on the concerns raised indicated a minuscule amount of risk. Therefore, those concerns had already been addressed; and he did not foresee any legitimate reason to continue deferring the item. Upon conclusion of the foregoing discussion, the members of this Committee proceeded to take a vote on the foregoing ordinance as presented.

Unincorporated Municipal Service Area (UMSA) Cmte	11/10/2015	1G2	Deferred		12/8/2015		P
REPORT:	The foregoing ordinance was deferred as requested by Chairman Souto. NOTE: SEE REPORT UNDER THE HEADING TITLED “SETTING OF THE AGENDA”

Unincorporated Municipal Service Area (UMSA) Cmte	10/13/2015	1G1	Deferred				P
REPORT:	Chairman Souto asked for deferral of Agenda Item 1G1 in order to be able to schedule a Sunshine meeting with all county commissioners to discuss several issues that concerned him including homeland security related issues.

Board of County Commissioners	9/1/2015	4B	Adopted on first reading		10/13/2015		P
REPORT:	Commissioner Moss requested that Agenda Item 4B be bifurcated from the First Reading items and consideration of Agenda Items 4A, 4C through 4I. First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Hearing no questions or comments the Board proceeded to vote on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Unincorporated Municipal Services Area (UMSA) Committee on Tuesday, October 13, 2015 at 2:00 p.m.

Board of County Commissioners	9/1/2015		Tentatively scheduled for a public hearing	Unincorporated Municipal Service Area (UMSA) Cmte	10/13/2015

County Attorney	7/30/2015		Assigned	Lauren E. Morse		8/25/2015

County Attorney	7/30/2015		Referred	Unincorporated Municipal Service Area (UMSA) Cmte	11/10/2015

Legislative Text

TITLE
ORDINANCE RELATING TO ZONING; PROVIDING FOR INCREASED HEIGHT AND LENGTH IN RECREATIONAL VEHICLE AND BOAT STORAGE; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-20 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-20. Accessory buildings; utility sheds and pergolas; swimming pools; fallout shelters;�boat�storage; portable mini-storage units; cargo container�storage�units.

* * *

(e) Boat�storage.�Boats�[[of less than]] >>not exceeding<< [[thirty (30)]] >>forty (40)<< feet in length, not more than one hundred and two (102) inches in width and [[thirteen (13) feet six (6) inches]] >>fourteen (14) feet<< in height above grade, may be stored or temporarily parked in the RU, EU, AU and GU Zoning Districts on lots developed with a residential structure subject to the following conditions:

* * *
(f) Recreational and camping equipment. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use may be parked in the open on sites containing a single-family or duplex residence, subject to the following conditions:

* * *

(8) Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length shall not exceed [[thirty (30)]] >>forty (40)<< feet and the maximum height shall not exceed [[ten (10)]] >> fourteen (14)<< feet.

* * *

(h) Outdoor boat and RV storage area on private residential condominium association, homeowner's association or multi-family tenant community property. The term "boat" as used in this subsection shall include every description of watercraft or airboat used or capable of being used as a means of transportation on water. The term "RV" shall mean recreational and camping equipment in the form of travel and camping trailer, swamp buggy and other off-road vehicles and motor travel home.

* * *

(7) Boats placed in the storage area shall be restricted to the following dimensions as measured pursuant to Section 33-20(e):

(a) [[thirty (30)]] >>forty (40)<< feet in overall length

(b) eight feet six inches (8'6") in width

(c) [[thirteen (13) feet six (6) inches]] >>fourteen (14) feet<< in height.

(8) RV's placed in the storage area shall not exceed [[thirty (30)]] >>forty (40)<< feet in length, eight feet six inches (8'6") in width nor exceed [[ten (10)]] >>fourteen (14)<< feet in height.

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.