PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING DIVISIONS 1 & 5, ARTICLE 12, COMMUNITY REDEVELOPMENT CODE, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING RECREATIONAL VEHICLE PARKS IN THE HOBE SOUND COMMUNITY REDEVELOPMENT AREA
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EXECUTIVE SUMMARY:
executive summary
This is a request by Floridays Mobile Park, LLC, to amend Division 1, Uniform Redevelopment Standards, and Division 5, Hobe Sound, Article 12, Community Redevelopment Code, Land Development Regulations, Martin County Code (LDR), to modify the recreational vehicle (RV) park standards specific to the Hobe Sound Community Redevelopment Area (CRA).
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Principal Planner
REQUESTED BY: Floridays Mobile Park, LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The applicant proposes to amend Section 12.1.01, Purpose and Intent, Table 12-1.02 - Article 3 Standards Applicable to Article 12, Division 1, Uniform Redevelopment Standards; and Section 12.5.04, Development Standards, Division 5, Hobe Sound, Article 12, LDR. Article 12 establishes Redevelopment Zoning Districts, permitted uses, and development standards to implement the Comprehensive Growth Management Plan (CGMP) and the Community Redevelopment Plans in Martin County's six CRAs.
Pursuant to Table 12-1.02, RV parks within the CRAs are currently subject to the requirements of Section 3.91, Recreational Vehicle Park, Division 3, Standards for Specific Uses, Article 3, Zoning Districts, LDR. The applicant proposes to amend Article 12 to modify the RV park standards as applicable only to the Hobe Sound CRA. The remaining CRAs would continue to be subject to the requirements of Section 3.91.
Section 3.91 stipulates a minimum RV site size of 2,000 square feet and a maximum density of ten (10) RV sites per acre. The applicant is proposing a minimum RV site size of 1,500 square feet and a maximum density of fifteen (15) RV sites per acre, specifically for RV parks within the Hobe Sound CRA.
The applicant’s proposed amendment also modifies other criteria including the wastewater pump-out station requirement and the rental duration criteria to allow an exception for RV sites occupied by managers or caretakers. Additionally, the proposed amendment removes the prohibition on park trailers.
This matter was properly noticed and heard before the Local Planning Agency (LPA) on March 5, 2026. The recommendation will be provided to the Board of County Commissioners.
The following supporting documents are attached:
Staff Report
Draft Ordinance
Application Materials
Disclosure Affidavit
Legal Ad
Staff Presentation
ISSUES:
The inclusion of the rental duration exception for RV units occupied by managers or caretakers would allow managers or caretakers to occupy an RV site indefinitely. This conflicts with the Section 3.3, Martin County LDR definition of RV park as “the commercial use of land to provide individual spaces for two or more recreational vehicles on a daily fee or short-term rental basis for tenancies of less than six consecutive months.” Additionally, because there is no proposed limit on the number of managers or caretakers which may occupy RV sites, there is potential for multiple managers or caretakers to exceed the six-month rental duration.
Additionally, RV parks are subject to State regulations including Florida Administrative Code (F.A.C.) Chapter 64E-15 and Chapter 513, Florida Statutes. Pursuant to Section 513.051, Florida Statutes, the Department of Health is the exclusive regulatory and permitting authority for sanitary and permitting standards for recreational vehicle parks. While Section 513.051, Florida Statutes preempts a local government’s for sanitary sewer and permitting of recreational vehicle parks, it does not preempt a local government’s zoning authority.
Section 513.1115 provides for the placement of recreational vehicles on lots in permitted parks as follows:
1. Separation distances between recreational vehicle park must be the distances established at the time of the initial approval of the recreational vehicle park by the department and the local government.
2. Setback distances from the exterior property boundary of the recreational vehicle park must be the setback distances established at the time of the initial approval by the department and the local government.
3.If a recreational vehicle park is damaged or destroyed as a result of wind, water, or other natural disaster, the park may be rebuilt on the same site using the same density standards that were approved and permitted before the park was damaged or destroyed.
4.This section does not limit the regulation of the uniform firesafety standards established under s. 633.206. However, this section supersedes any county, municipality, or special district ordinance or regulation regarding the lot size, lot density, or separation or setback distance of a recreational vehicle park which goes into effect after the initial permitting and construction of the park.
Based on the provisions in the Florida Statutes, there is potential that Martin County LDR standards with respect to RV parks could be preempted if the proposed LDR text amendment is approved. Such preemption could result in RV parks being developed in accordance with the RV space size and density criteria of Section 64E-15.002, F.A.C., rather than the more restrictive Martin County LDR standards.
Staff recommends denial of the proposed changes to Article 12.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.
2. Move that the Board deny the proposed Ordinance amending Article 12, Community Redevelopment Code, Land Development Regulations, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $3,115.00 application fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: