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T. Public Hearings BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 5:01 PM Meeting Date: November 14,2007 Division: County Attomey Public Hearing Bulk Item: Yes - No X Staff Contact Person/Phone #: Cvnthia Hall x 3174 AGENDA ITEM WORDING: Public Hearing regarding the Issuance of Certificate of Public Convenience and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.c. d/b/a LifeNet for the operation of an ALS transport air ambulance service for the period November 14, 2007 through November 13,2009. ITEM BACKGROUND: LifeNet submitted an application for the issuance of a Class A Certificate of Public Convenience and Necessity in order to operate an ALS air transport service for pre-hospital and inter-facility in the territorial limits of Monroe County, Florida. A copy of the application and a revision submitted by LifeNet in July 2007 are attached. Under Monroe County Code 96.S-S(d), the Board shall schedule a public hearing to consider the application. The applicant and all current holders of celiificates have been notified by mail as required by this section. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: None. TOT AL COST: 0.00 BUDGETED: Yes - No - COST TO COUNTY: 0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year -t- - - APPROVED BY: County Atty ~ OMB/Purchasing N/A Risk Management N/A - DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE C08)NTY, FLORIDA APPLICATION FOR CERTIFICATE Of PUBliC CONVENIENCE AND NECESSITY CLASS A EMERGENCY MEDICAL SERVICE (PRINT OR TYPE) TYPE OF APPLICATION: :t3t INJTlAL>:'~ $50.00 o RENEWAL - $25.00 IF RENEWAL, PLEASE LIST NUMBER OF PREVIOUS CERTIFICATE: # - 1. NAME OF SERVICE 1if-e.Net MIami BUSINESSMAILlNGADDRESS 14739 S~V 128 Street, Miami, FL 33186 BUSINESS PHONE NUMBER 786-573-3485 EMERGENCY PHONE NUMBER 1-800-806-1916 2. TYPE OF OWNERSHIP (Le. Sole Proprietor, Partnership, Corporation, etc.) Publicly traded Corp. DATE OF INCORPORATION OR FORMATION OF THE BUSINESS ASSOCIATION 1982 3. LIST ALL OFFICERS, DIRECTORS, AND SHAREHOLDERS (use separate sheet jf necessary); NAME AGE ADDRESS TELEPHONE POSITION .. See Attached List l!l 4. LEVEL OF CARE TO BE PROVIDED: o 8LS or 8'JXALS IF ALS. Xfu TRANSPORT or 0 NONTRANSPORT 5. DESCRIBE THE ZONE(S) THAT YOUR SERVICE DESIRES TO SERVE. (Use separate sheet if necessary,) 'T'prritorjaJ limits of Monroe County. - 6. LIST THE ADDRESS AND/OR DESCRIBE THE LOCl\TION OF YOUR BASE STATION AND ALL SUB-STATIONS. (Use separate sheet if necessary.) . ~ BASE STATJON 14739 SW 128 St.. Miami, FL 33186 Build. 504 SUB-STATION LifeNet Miami c/o Fishermens Hospital 3301 Overseas Hwy, Marathon - < 7. DESCRIBE YOUR COMM.UNICATION SYSTEM. (Attach copy of all FCC licenses.) FREQUENCIES CALL NUMBERS NUMBER OF MOBILES / PORTABLES 453.175/458.175 WP\v 1649 3 6 / / / ---'- ,. / 8. LIST THE NAMES AND ADDRESSES OF THREE U.S. CITIZENS WHO WILL ACT AS REFERENCES FOR YOUR SERVICE. NAME ADDRESS See Attached Letters - 9. ATTACH A SCHEDULE OF RATES WHICH YOUR SERVICE WILL CHARGE DURING THE CERTIFICATE PERIOD. 10. PROVIDE VERIFICATION OF ADEQUATE INSURANCE COVERAGE DURING THE CERTIFICATE PERIOD. 11. ATTACH A COpy OF YOUR SERVICE'S CONTRACT WITH A MEDICAL DIRECTOR. s 12. ATTACH A COpy OF ALL STANDING ORDERS AS ISSUED BY YOUR MEDICAL DIRECTOR. 13. ATTACH A CHECK OR MONEY ORDER IN THE APPROPRIATE AMOUNT, MADE PA YABLE TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. fl. ;';1i1"1i1"i..SFlA'~~~Fl'EOO~'rt~~~!!I'Vl'[~ rJ8M~M~@~~~~~~1 I, THE UNDERSIGNED REPRESENTATIVE OF THE ABOVE NAMED SERVICE, DO HEREBY ATTEST MY SERVICE MEETS ALL OF THE REQUIREMENTS FOR OPERATION OF AN EMERGENCY MEDICAL SERVICE IN MONROE COUNTY AND THE STATE OF FLORIDA. I FURTHER ATTEST THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION, TO THE BEST OF MY KNOWLEDGE, IS TRUE AND CORRECT. ~ ElIZAlJ""'" l[QUa, ~ 'i*i MY COMMISSION # DO 584041 NOTARY SEAL " :'1 EXPIAl;S; December 11, 2010 '7 fit r,J, fi<IJJdQd ihlll No!;\1)' Public Undotmito,,, Ir 05 -rJ:;;J -07 DATE / - ,. .. Certificate of Public Convenience and Necessity Request: Air Methods Corporation With its wholly owned subsidiary Rocky Mountain Holdings, LLC d/b/a LifeNet .: Responses to Section 3: , 1. Air Methods Corporation (FEIN: 840915893) Subsidiary: Rocky Mountain Holdings, LLC d/b/a LifeNet (FEIN: 87~0533822) 7301 South Peoria Street Englewood, CO 80112 Phone: 303-792-7400 Fax: 303-792-7420 SeniOl' Officers of Cm'poration . 1.1. Aaron D. Todd Director and Chief Executive Officer Residence: Colorado 1.2. David L. Dolstein Senior Vice President, Community Based Services Residence: California 1.3. Michael Allen Senior Vice President, Air Medical Services Residence: Colorado 1.4. Trent J. Carman Chief Financial Officer, Secretary and Treasurer III Residence: Colorado 1.5. Sharon J. Keele Chief Accounting Officer and Controller Residence: Colorado Board of Directors - 1.6. Aaron D. Todd Residence: Colorado 1.7. George W. Belsey - Chaitman of the Board Residence: Colorado 1.8. Ralph J. Bernstein Residence: New York ,. 1.9. Samuel H. Gray Residence: New Jersey 1,10 C. David Kikumoto Residence: Colorado 1.11 MG Carl H. McNair, Jr. (Ret.) Residence: Virginia 1.12 Lowell D. Miller, PhD Residence: ~ssDuui 1.13 Morad Tahbaz -t Residence: Connecticut 1.14 Paul H. Tate . Residence: Colorado 2. Type and number of shares outstanding 2.1 Common Shares 11.05 million outstanding 2.2 Publicly traded corporation, traded on a daily basis on the NASDAQ 3. Date incOlporated: air Methods is a Delaware corporation originally incorporated in Colorado in 1982. 4. Services to be provided: Critical Care Air Ambulance - Helicopter . 5. Present Florida Base locations: LifeNet Tallahassee 3256 Capital Circle SW Tallahassee, PL 32310 Baptist Medical Center LifeFlight 800 Prudential Dr. Jacksonville, FL 32207 LifeNet Polk ~ 415 Bartow Mwricipal Ailport Bmtow, FL 33830 LifeNet Sumpter 6450 CotUlty Road 139 Wildwood, FL 34785 - 9. Patient Charges: LifeNet uses a national fee schedule that is consistent for all current 67 locations throughout the country. Currently this consists of a Base fee of $ 7735.00 and $49.50 per loaded mile. LifeNet will notify the county of changes to this structure at the time of any change. .. u l (5 Q Ww t- :2' co co co <C<( 0 0 0 CO CO CO CO (j) CO 00:: -... -... -... 0 0 0 .:: 0 0 Z-O:: <'I <'I N -... -... -... -... -... 00. ..... ..... ,...., N N ,N N N N ~ ..... .-I .-I ..... rl ..... <( a: ii: Xl- W::; UJ ~ . ~ () 0 ..;t CO 0 0 0-. t-- <'1 'C 0 'C N 0 . w t-- .-I (\'") N CO CO 10 CO 0\ :;!; <"l ..... t-- 10 N 1I1 0 \0 0 <( ..... 0 .-I \0 t-- t-- N -<:t 0 .. 0:: N rl 0 ..... .-I ..... rl 1I1 :z~ .0: N ..., ...: < < < < .-,: < < 0 ..., ..., ..., ..., ..., ..., ..., ..., i= <( () u. '. ~ 0: w () (f) l- t) ::i: w 0 UJ ~ <:! a:: 1I <! 0- t! Cl !:? 2: 0 <ll: w w z :::! o <( 2: i=xO: :> >' i>< ..J<l: <0<( :>< >< >< :>< >< >< w- 2alCL Z~ ~z ZZ 1-- I OX 0:' w?< 0)0 uiu . Ei:LU lJ.u l!.1 !- 0<( t2....l ::;::/i <l: Ir I- 0 o ::;; IJ. W 0 !.lJ ~ > 0 m: '2: LU t..){ IV <.\ Cl- Ir t~ ~ ~ SJ \.>' l' ~ ~ 0:: '" r"l \n Q\ "-'t ~ 1M >- . ~ '"J'- g I- y (,l N .~ ~ lA' W a: "-.J ~ N !,j I' 'zj :J ~ \ , 1 J U "" I )-, ,~ I I ~ w f'.. (') <",to rn ..., f'. .J ....: t- "-J \'1") .... 'N <( t U,:'i t>:, (3 . I I 1 , \ - \n ~ \1) 1 I 0 <J 'I) ~" ~ :>'1 ~ rn ...j 'S~ \)-.: [, ".j \ \fI .~ ~ .f~} rl 'fl \(\ \1'\ " n '" " r-- fii N ; W N '" ! '" W .J ttJ,gi C ::l t:: ~ ~r '" /Jl) 0 :::!'" ::l >- ~ <Il ~ 'M II) <(""Q Ul H C:,d1 l-l l-l H Po 2:::; Ul ro ( <ll - '"0 0 \1) 'P EO ro ll) i Hl~ s "" 'n 0 ~ ::>:i ....:i 0-<11 '"'" ",: ..c: Ii: - ,.;t:> ro "" E-< ..c: 0 CL, H 0 0, lorll ro 'N c:: <ll rl ~_,'r1 ... .<:: 1>0 ;" [JJ ::l ~ ~l~ ~ c:: <J ~I m 0 ttI <ll .,..; III ",: '-, CL, ... '"'j/..-J :"i e<: UJ UJ I Pilots on Staff Christopher George Debs 58.220-15-0516 Current Commercial Pilot Certificate 26-971-9~, Issued - March 7, 2004 - No Expiration Richard W. Kellogg . 5S. 415-06-0106 Commercial Pilot Certificate 415-06-0106 Issued - November 18, 2002 - No Expiration Romed Diether Scarpatetti ss. 543-55-2271 Commercial Pilot Celtificate 25-960-33 Issued - August 7,2005 - No Expiration II It - ,. 'l:: W (f) Z I) w 0 ...J (f) 0: w > c: 0 w x -8 r- L Woo U. 0 ~ Zfi:i: .J Zw ...I < c:c t 0>> < f!: r- 1 00- W t g:c:D: Ul 1 wO c: :i! t III 0 t I!:L 1 u.. 011 t 0 m t w t!: 1 l- w ~ <( :> t 0 iX ~ Q C t w . :::!: . <(. . zu:l t .0: ww . >> : . 0- ( mIX ~" <to I1IW >- :co. I- 1-%. s ii: u:j ::J 0::::1 l!l U .-1.01. l1J ;;1..:E.. r/) < -' 1-. <( <{o: < {3 ::1:0 ( I-u. t 0 ~U) (f) UIU1 C:1t- 0::::1 1111- ...1<( 3:1- Om z<;c ::!c - >[2 :EO 1.1....1 ou. .... 1_ co 1i) U)t"oJ W.- rn roO ...J oq w2 llJo: ; ::t:w ;a "0 1-1- <(l;! 01'1. Z::;,: 1-< ~::r: .... 1-0 rt.J m!.!. .!:: Wo lJ.. !:m [- <<l:l- C >2: ::=: fDW Ul~ t!:!.l1 we;; ....- I -:;:l ~ 00 - ~ O!.U 7 --<1'- j - ..- _c Registered NUll'ses on Staff Jaclyn MacKilll1ol1 ss. 073466763 RN License 2097712 -( Expires 7/31/08 Paramedic Celtificate JA 200801 Expires 12/08 Beverly Grace Klautky-Nix S8. 366947514 RN License 2933182 Expires 7/31/08 Paramedic Certificate JA 200796 Expires 12/08 Marie Row1and-Bonneman 266 23 9434 III 55. RN License 1838822 Expires 4/30/09 Paramedic Celtificate JA 205244 Expires 12/08 Erin Nicole Kinlough ss. 498904917 RN License 9195709 Expires Barl C. Buffer-Conte iii ss. 265 87 4463 ARNP License 1941112 Expires 10/31/07 Certified Nurse Practitioner FII02023 Expires 10/31/07 Kathleen Maxine Templeton - ss. 43035 7955 RN License 9249200 Expires 7/31/08 Sara E. Lee ss. 256 63 6957 RN License 9192346 Expires 7/31/08 Paramedic Certificate 205886 Expires 12/08 ~I- J 1 00: 1_0 r;:o::D.. _0C/) tlD..Z WC/)oa: C1l tIl a..zoc I:: <;;; C/)<(I- o:Z 0; ru 1-0 14 ~ Z f-< f-< ~> VJ VJ _OC/) <-l <-l OC/)..J <: <: ~iiloa: C/) -.t. ~ ~ <lI wO '" ID ..JZ 0'> u C/)QI- Q) '" II> 0:-- ~ ...... c: :r::r:::;; (Ij ..... := Wex: Po 0 >r.u Q) n. U) 0 tJI .. Q.. ([; W II: C (1)CJW 0: :z Q Z<l;1O 0 ...: 'S ~I-::;; <'1 J'-. '1::1 _ ::J '<l" N tl;I ..J Z Z .,:t C Z ro .c u 2 3! a:: W J:: m .2 :::!: 'lii ::J .II IS z ~ li! 0 'E (1) (1) .- < <"I 01 J: 0 N .5 0 0 0'> ,. N 0 "" .E 0'> N m. :a 0'> UJ ..! Q) 2 :S J: c; 'i:1 lJJ W "S (9 :;:. 0 ~ -< a ..J '- -< lI> :; Z '- '" :z; <II lI> Q. ci' u 1: lJJ Q/ 0: Ii rJ> :::J .... l- ::J 0 Q <( :>- u.. "" :J .!:l Z 'tl <C .& ::;; I <iI U. .... 0 N Q/ Q.. a:: 0'> N 0 "" 0'> 0 , lI> UI ..... 0 J:l >- N .fa - lI> U C m 'S J:l ..J E l.!.J ro 0 (-~ ~ 0 0 0 Q :a '" '" M Q) -.:t -.:t ... 0 1.l. W f..I f..I (.) Q) Q) z ~ ~ < ..J ~ 0 0 m u u :2 .", .r-! <( .-I .-I u.. Q) Q) 0 ::r:: t:11 w .-I ,-1 a. .-I .-l f- Q) <lI ,:Q r./j I ripr co U"/ Ie:: 38t::> Rlr f1ethods Corp 555.1212 H p.2 "'1'0--- -... -_I<<'"i.,.....,_........ ~_....."""'.......~~T.:_:.m ~4-!;.I-~~I'~~~~~=-""~.. :1 " 11 !I I! I! l I , , i I .~ .un ...... ,~"....- , _ ._...~_____~_"..--._1.~_____.~...............~14_.......-............................-._._~........-.....~_. l REGistRA TmN ~ 'Ot lRl:J..NSFEBABlE UNITED STATES. F AMEFilCA TtH$- ~ilulflr-il-h: DEPARTMENT OF TRANSPORTATION - FtERAL AV1A,rON ADMINISTRATION m~I~! tfl Hi thL~ ,:)1:- CEBTlFICATF- OF AIRC "FT REGISTRATION tt;)U \~IIU~:1 Drll.:-.-l(-r;:. 1,IRCftAFT S~RIAL NO. I NATiONALITY AND ilECHSTRA TI ON MARKS , T.h;~ .a:~rtU ICOIEr I:; ~~!l1Hhi hH t'~I~~no" Ii U S BftflCOR? EQUIPMENT FI ICE INC hO)U ;;'I,.!rp-D~f~~ cnJ'f S' 13010 S'N 68TH PK\'lY ! .tn4 ~... mn -= ('"-r;ttif- , S PORTLAND OR 97223-8367 j.t~:t1 III tWI;- U j Tlu' ~ (t.dN-i1i A"1i;;;- F. lic.i1 !,~m,nt~lr,jJHul~ 0 i t.lU1!~ nut rrC'IiJ.JImm~ I ,ighl!i IJ-t ~\'Jru~!-:;ht;J Ii I ~ I :;.:::"'" ", ".. I l (>Q(l' 0 I a ,!. ..;....lId h'd Uun H!L' .:.:lblJ'If~ rJc-::"l'iLu'JJ. i'l1f.C.1 ;]11 ..:;, tJ'~'i'J1 ~(1~(lHH1 em lt1(' H.!l~:;ti'r .of tt!l~ . tt'I;l',)r~f .\'ii:Hor.l A..r~f,lifl~J(;ltiflllc Un(Wtl ~HI~C".i 0] ! .r;:lr;lci:L irt ;Lr'lHdO:H~[,I' \'l;~h th~ CDfl.v\~nlUW I on IIElt'{I'i;'l1i{.:I'tJ~ {:i..,.il f.V{3t{IJR 1l3h\d lh~t.f,:sn~.1-' 1! c~g.1.,'. on.d w.1l~ TiUI~ ~9 tJnHI"-' S1.1[o'::!'.i Ct'lch1'. u~s. D(;P/lrtm.(!nt I ;;lld (i'9Irl,lUl)n-. ,::~t.."-~( 1:!JI'r~l.m~l'r. ~ of 11 iIfl~PQrtztloo I DATt:. O~ lSSUIi. ....., . '" ~ - . ........... 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Q'AfEGOI'1I', I Ii I1t(II!TJl~TIOU /MAA1i 8m HELlCOPI'ER TmcrRON N\Jl'Ill5;ll N430Q CANADA MODEL 430 49002 nwqSPORT I S i\UT1-IOnlT'l' /:1M) ll-'!,Bl01l1Sl1U"NCE I 1~1' DV"~~_ICOlldICllt>l ~~tllpw"'''''UO""" ~_I;lA'''ltOIIJlQ OJ '9~Q"ndC;"~ln In.:n.1lI ~ItI>fUaltolll~flllI ; .~....11 ....ll:01I u....d 1>10011"" _tlad Al<d '._10 ""nlcl1nlQ ll>Q IrIla~qfl~lt Ih.,oljl,. lobe", cD"IlO"" '\ll.Il~ I DJWfllOrt ahllhlll!u/l thO....l!1 tnn. .h~ ..'I"~",.nlt b1l>1a ""pll~blo ""mp""'''''...... Jl>. IlIlA'~ A.....CIlll1lla... ..~n :~:=: "~'1tf~rAItm!4; trriMIO<t1~ n1n ~1I!l' tJnClfll nll~n Emergency Exit Mw:kings Exemption #4395 I FAR 2.9. 855 (~".{d) Catg.o it! 5aggae~ Gom"Qax:'tments - D fI!A~S RHO CONtllTrON$ UNDO loonli aU"'lno.,c6 ''''11'''- ....""ell Dr t W""n~1l Ibl. .. o!lr.r",,,,, ~1I~I~nro by tnt Al1l>\J/1'~lll:1Ul' 1~.. , !'....<1lI!ltM.. ..",10;"" It Ona,I'11Il n IilJl~ tQ U1' rnl'=n;mto ""G"f1'" "~ln1ellt"qt. ""'ll'oJl<lla'JJl1\' ~I/I COIl!>1nw.1ln ,aUl'll,II<<..,tIlPAru2t.'3,,".d 01 ",m,I'III1t.gl A"la~apfleO~lt1la/lll,';' =p~ ~r ll..,,~lI1D CltC'llI1....Dllil."'d !rt.hdUnIl4Q BIOI.. OAl'U1F I5SUANOE ...~~ DESlaNATfOl'lIlUMOar. July 2, 200l . "-_J 001'-142030...$0 An~ ~1I4r.Ua". r.ll'~llII">Oll 1}imlAV#~ar 1Il1l"/.'I~.mWl)DP.MllllbrADl'..r,".n'''a~CI'OC'IIllG 19O1Illl....Il/I'."""'1ll nalu"".otnD ~ rail~ 01 pam THIS <:E'lTlFlt:JI.TIi ~\Jijr 00 t/'BPLWeO IN Tm; nlRt;I1A'T ,N ACCOflOANQi: \/'IITlI ...I'l'l.l~~e pQOenAL . AVIAnOhlllEGULATlOII$ . : . .4 ~ FAA Form 8100-2 l!t.&21 ,~. \l.$. GQV~'lltIl!NT PRlNiltlCl ol'I=lce. l&aIl-(IoSeg.IQIi . , . . I ""-to "{.. -.. < i . d ""'";.1r"-T~~J.:f""o.......nJ ~ ... . ._-~._-_.- ... 9. Patient Charges: LifeNet uses a national fee schedule that is consistent for all current 67 Ioeations throughout the country. Currently this consists of a Base fee of $ 7735.00 and $49.50 per loaded mile. LifeN et will notify the cotmty of changes to this structure at the time of aJJ.Y change. , a ill - ;- -I Air Methods July 13, 2007 Suzanne Hutton Esq. Munroe County Attorney's office P.O. Box 1026 Key west FL 33041-1026 Dear Ms. Hutton, I am writing you today in reference to our Monroe County's Certificate of Public Convenience and Necessity (COPCN), which was submitted on May 2nd, 2007. Since that time, we have determined a need to change out intended SUB-STATION location and request this letter serve as notice of the amendment to our application. On the main application fonn, we request a change to page 1 number 6 under the heading "SUB- STATION." This line should DELETE all content and reference to Fisherman's Hospital. Please instead INSERT, "Lower Keys Medical Center, Key West" as our SUB-STATION. Upon the recommendation of Cynthia Hall from your office, I am submitting this letter to provide notice and request acknowledgment of this amendment. Please advise at your earliest opportunity if you will need further information or action on my part in this regard. Thank ~~) t n~u - Ken 'r mes, RVP ~,th~corporation llmnity ased Services Division 14739 SW 128th Street #504, Miami, Florida 33186 ,-....-- BOARD OF COUNTY COMMISSIONERS O,y,,~rY ~~~~~E- Mayor, Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294 .4&41 Sylvia J. Murphy, District 5 Suzanne A. Hutton. County Attomeyolnl< Office of the County Attorney Robert B. Shillinger, Chief Assistant County Attorney >1<* PO Box 1026 . Pedro 1. Mercado, Assistant County Attorney <I -~" "< Key West, FL 33041-1026 . '_ ll,;€..rpi,. .", , Susan M. Grimsley, Assistant County Attorney d :: l> (305) 292-3470 - Phone >' ;1- Natileene W. Cassel, Assistant County Attorney , (305) 292-3516 - Fax Cynthia Hall, Assistant County Attorney "'* Board Certified in City, County & Local Govt. Law September 25.2007 Via U.S. Mail and E-mail kgrimes@airmethods.com Mr. Ken Grimes SE Regional Vice President Air Methods Corporation Community Based Services Division 14739 SW 28th St. #504 Miami, FL 33186 Dear Mr. Grimes: Monroe County has reviewed your amended application for a Certificate of Public Con venience and Necessity, and requests some additional information. Please provide the following: 1. A copy of the certificate issued by the FAA pursuant to 14 CPR part 135 (1 see several certificates attached to the COPCN application, but perhaps because of photocopy quality, none appear to be the part 135 certificate); 2. A copy of the part 135 Certificate operations specification, where the operations specification defines the aircraft proposed to be used under this COpeN; 3. Please state whether the Part 135 certificate has ever been subject to an FAA letter of - investigation (LOI) within the past five (5) years, and if so, the disposition; 4. Please state whether the Part 135 certificate has ever been the subject of an FAA reportable incident or accident within the past seven (7) years, and if so, the details of the incident or accident, and the disposition or resolution; 5. The Agreement for Medical Director Services expired on 7-13-07. Please provide a current copy of the agreement or an extension or renewal of the agreement, and include a signature pages showing signatures of both parties. Mr. Ken Grimes Air Methods September 25.2007 Page 2 6. Please provide verification of current insurance as requested in Question 10 of the application. We look forward to receiving this information. Please contact me if you have any questions regarding the foregoing. Thank you for your assistance. Thank. you. Very truly yours, t. ~ Cynt ia L. Hall Assistant County Attorney - Page 1 of2 Hall-Cynthia ._.__~~_____________~___~___~~____~_~~_____~~_~~,.._.~~_~~_~~_O~O~'_._~O"_'~_~_OO'~~O_O~"__~~m~mo"._~',_~~<w"O<'~''-~~.~~"'''''~''<'~'~'"''._''~C'_~''~~~C_~~_T_~_~'_T_~_~~'~~T~__~~~~~C_ From: Ken Grimes [KGRIMES@airmethods.com] Sent: Friday, September 28, 2007 11:42 AM To: Hall-Cynthia Subject: RE: Request for Information -- COPCN Mrs. Hall Below is the language in MD contract. It automatically renewed in July. How do you want me to address this? So far, I have asked Dr Steed to send a letter to you indicating same. Termgf AgL~~tQ~nJ. This Agreement shall commence as of the date set forth above and shall continue for a period of I (one) year, and will automatically renew at the end of the first year for 5 (five) successive years, unless terminated by either party as contained in this paragraph. This Agreement may be temlinated by either party by giving ninety (90) days written notice to the other party. DOCTOR shall be entitled to compensation through the effective date of termination of this Agreement, providing services continue to be provided as contained herein. Also, can I provide the requested documentation in electronic format? Thank you in advance. Ken Grimes 727-423-4289 nc_an_,ncw<'c__,"'c_, 'c.,_ c..._._~...,. c. "..~,,,,,,~c..m~_~_'~,,,~.....,.,......._o,,C"'~,,,,,,,,,C.~,'~.__O'~"~.U~W'''~___'''~._~.'''___'..'"_~''''._''_'__~''~''.'_.'.''''"O~__~_~'._'''~ .. " ,__^._.~". ,^~,_mN~m,.,~.~om,_,~," m.""~.mc_"~_~,"N ~, . w.. .".~'cc From: Hall-Cynthia [mailto:Hall-Cynthia@MonroeCounty-FL.Gov] Sent: Wednesday, September 26,20078:56 AM To: Ken Grimes Subject: Request for Information -- COPCN Good morning, Mr. Grimes. Attached please find a letter requesting a small amount of additional information. The next SOCC meeting is on October 17, 2007, and if we can receive your response and if the County Administrator has no further questions, I would like to aim to put the item on that agenda. The 1 sl deadline for putting items on the agenda is Tuesday, October 2, 2007. [can put items on the agenda after that as an add-on, but it would be preferable to make the first deadline if possible. Please give me a call anytime if you have any questions, and otherwise, I look forward to receiving the information. - Thank you very much. Regards, Cynthia L. Hall Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 Tel (305) 295-3174 Fax (305) 292-3516 Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public records available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 10/30/2007 ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDDNY) 03/28/2008 04/l1l2007 PRODUCER Lockton Companies, LLC-O Denver THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8110 E Union Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 700 ALTER THE_COYERJ:\GEAFfOHDEUBYTHE POLICIES BELOW. Denver CO 80237 INSURERS AFFORDING COVERAGE (303) 414-6000 .._n__ .u_n.._n..u__ ...__ .. __ INSURED Air Methods Corporation INSURER A: Evanston Insurance Company 1055381 7301 South Peoria Street INSURER B : Englewood, CO 80134 INSURER C : INSURER D : INSURER E ; COVERAGES EM THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER 5 AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE TYPE OF INSURANCE POLICY NUMBER Y lGENERA~ LIABILITY eACH OCCURReNce XXXXXXX . COMMERCIAL GENERAL LIABILITY NOT APPLICABLE .~Ifl.i;. PAMAG-'~_(f\!'Y, ~ne. lirel $ XXXXXXX CLAIMS MADE OCCUR MED. EXP lAny one person) XXXXXXX PERSONAL&ADV.INJURY XXXXXXX - ------------- ~~E~AlAGGREGATE XXXXXX_X ", GEN'L AGGREGATE LIMIT APPLIES peR: PRODUCTS, COMP/OP AGG s XXXXXXX PRO- POLICY JECT , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT XXXXXXX " ANY AUTO NOT APPLICABLE (Ea accident) . ALL OWNED AUTOS BODILY INJURY s XXXXXXX . SCHEDULEO AUTOS (per per5on) - n_ ...___. _ ...._ _n_...._ _ , HIREO AUTOS BODILY INJURY .---.--. s XXXXXXX , NON-OWNED AUTOS wer accident) PROPERTY DAMAGE s XXXXXXX (per accident) .' GARAGE LIABILITY AUTO ONLY, EA ACCIDENT. $ XXXXXXX ANY AUTO NOT APPUCABLE OTHER THAN EAACC . $ XXXXXXX AUTO ONLY: AGG ' $ XXXXXXX EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MAOE NOT APPLICABLE AGGREGATE. ~. . _ X~XX2.;:~X_ o UMBRELLA - --..-- ----- - XXXXXXX DEDUCTIBLE FORM ; S XXXXXXX RETENTION $ $ XXXXXXX NOT APPUCABLE ; 'WC STATU- OTH. l.__ ,iTOHLL!M.ITS_"_.__ . _.EEL _, tE.L. EACH ACCIDENT $ XXXXXXX l E.L. DISEASE. EA EMPLOYEE' $ XXXXXXX __. __ _n __ _ _ _. _. ._ EL DiSEASE. POLICY LIMIT ; $ XXXXXXX OTHER A , Professional Liability SM-848983 03/28/2007 03/28/2008 Pcr Claim - 85,000.000 Aggregale - S8,000.000 - Ded. Per Claim - $ I 00,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Named Insured includes: Air Methods Corporation DBA Complete Billing Systems. Mercy Air Service, Inc" Mercy Air Service, Tri County LtC. tifonc1 Inc. dba Arch Air Mcdical Services and Rocky Mountain Holdings, LLC. CERTIFICATE HOLDER ADDITIONAL INSURED' INSURER LETTER: CANCELLATION 2840108 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Air Methods Corporation DATE THEREOF, THE ISSUING INSURERWIl.L ENDEAVOR TOMAIL ..lQ.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBl.IGATION OR l.IABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ,....,1 ACORD 25-8 (7/97) For qu.,sllon5 f1!gil.rding th!~ ctlrtlllcala. eOfltllcl tho number listed in tho 'Producor' SCCllon above ;;me! spcclry the client code 'AIRNE02'. @ACORD ORPORATION 1988 --,Air Methods October 1, 2007 Cynthia L. Hall Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 Dear Mrs. Hall I am writing you today in reference to our Monroe County's Certificate of Public Convenience and Necessity (COPCN). I am pleased to let you lrnow that for operational reasons we have changed the 1992 spare aircraft listed in the application with a new, state of the art Eurocopter model BC 135P2. Please replace the 1992 Bell Helicopter model 430, license tag number 430Q with the following: .. Type of ambulance: Eurocopter Helicopter /II Model: EC135 P2 /II Year: 2007 .. Mileage: N/ A /II License tag number N230AM . HRS Permit Number: 1382 . Specify BLS or ALS: ALS . Transport or Non-transport: Transport Please let me know if you require any further information. - ThariK y~~" -___________ /~ J') LJ;G{rn'Lt:D/ I~-eriTIJ. ~"~VP ~irJ.\1etl1ods Cotporation Community Based Services Division 14739 SW 128th Street #504, Miami, Florida 33186 U.S. Department of TransporlalJon Fc(k.'frll Aviation Operations Specifications Administration Ref.!istratiol1 No. Serial No. Aircraft MfM/S N91lNM 47569 Brrr.22Z-U N904CM 23013 BHT-230-230 N247SM 53176 Bln.407.407 N407 AM 53309 BHT-407-407 N407CX 53279 BHT-407.407 N407GA 53104 8HT-407-407 N407Lf 53719 mn.407-407 N407LL 53561 BHT-407-407 N407LN 5J181 BflT-407-407 N407SJ 53422 BHT A07-407 N407SL 53564 BHT-407-407 N407UH 53345 BHT.407-407 N407VV 53476 BHT-407-407 N408AM 53445 BHT-407-407 N408GA 53392 BIff -407 -407 N40RLL 53483 .BHT-407-407 N408UH 53663 BrIT -407 -407 N434BC 53446 mff -407..407 N772AL 53040 mrr -407 -407 N773AL 53160 BHT-407-407 N905HA 53497 BHT-407-407 N911AL 53144 8111-407 -407 N911 WN 53360 HHT -407 -407 N401 MA 33060 BHT-412.412 N405LN 33025 BHT 412-412 N554AL 33017 BHT-4J2-412 N7711AM 33033 BHf-412-412 N411LG 33201) BHT .412-412-SP N586AC 36009 BHIAI2-412-$P N206CM 49041 BHT -430-430 N208CM 490]0 BHT-430-430 N427 AM 49092 BHT-430-430 N430LF 49096 BHT-430-430 N430Q 49002 BHT-430.430 N430UH 49056 BHT-430-430 N556UH 49117 mIT-430-430 N557BA 49120 BHT-430-430 - N557UH 49119 mH-430-430 N117NY 7110 BK-117-lu N420MB 7077 BK-117-A3 NI17CW 7125 BK-I17-M N118NY 7115 llK-1l7-A4 N125EC 7065 BK-117-A4 Ni37HH 7107 BK-II7-A4 N138HH 7060 BK-1l7-A4 Nl58BK 7053 BK-II7-A4 Print Date: 8!l4!2007 DOSS-3 Certificate No.: QMLA25JU AIr Methods Corp. 15' 1j l-. ~ Q ;::l ~ tl ,.... 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C/) $:1 (3 ~ g. .S ~ (5 ;g ~D] 0 w ::E: u BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14. 2007 Division: Emergency Services Bulk Item: Yes - No -1L Department: Fire Rescue Staff Contact Person/Phone #: Darice Hayes X. 6004 AGENDA ITEM WORDING: Public Hearing regarding the Issuance of Certificate of Public Convenience and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.C. dlbla LifeNet for the operation of an ALS transport air ambulance service for the period November 14, 2007 through November 13, 2009. ITEM BACKGROUND: Pursuant to the requirement of Chapter 6.5 Monroe County Code, an application for the issuance of a COPCN has been received from LifeNet to operate an ALS air transport service for pre-hospital and inter-facility in the territorial limits of Monroe County, Florida (see attached memorandum for additional background information). PREVIOUS RELEVANT BOCC ACTION: None. CONTRACTIAGREEMENTCHANGES: NM STAFF RECOMMENDATIONS: None. TOTAL COST: 0.00 BUDGETED: Yes - No - COST TO COUNTY: 0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH - Year County Atty ~ OMB/Purchasing - APPROVED BY: N/A Risk Management N/A DOCUMENTATION: Included X Not Required_ - DISPOSITION: AGENDA ITEM # Revised I I106 Monroe County Division of Emergency Services 490 63'd Street, Marathon, FL 33050 Phone: (305) 289-6088 Fax: (305) 289-6007 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: Wayne J. Hinnant, Fire Chief/Division Director Emergency Services Division RE: Agenda Item: Public Hearing regarding the Issuance of Certificate of Public Convenience and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.c. d/bla LifeNet for the operation of an ALS transport air ambulance service for the period November 14,2007 through November 13, 2009. DATE: November 14,2007 On May 4,2007 an application from Air Methods Corp. d/bla LifeNet was received to operate an ALS air transport service in the territorial limits of Monroe County. The original application showed LifeNet's intent to base a full-time aircraft in Monroe County with a sub-station at Fishermen's Hospital in Marathon, Florida. Originally the public hearing regarding LifeNet's COPCN issuance was set for the June 20, 2007 BOCC meeting. On May 31, 2007 it was decided that the item would not be placed on June's agenda due to further investigation being required for the processing of the LifeNet COPCN application ("due diligence") . On July 10, 2007 LifeNet's representative informed the County Attomey's Office that their application was being revised. An agreement was being negotiated between LifeNet and the Lower Keys Medical Center (LKMC), Key West, Florida to use their location as the sub-station rather than Fishermen's Hospital in Marathon. On July 13, 2007 Air Methods Corp. submitted a letter to the County Attomey's office amending the original application showing LKMC as the sub-station. Over the next few weeks, discussions continued between the County Attomey's Office and the representative of Air Methods Corp. d/bla LifeNet regarding details ofthe application. After further review of Air Method's amended application, and in order to proceed any further, the County Attomey's Office on September 25, 2007 sent a letter to Air Methods' representative requesting additional information. On October 1, 2007 Air Methods' representative emailed the County Attorney's Office with the additional information that was requested. With the application package now in order we can proceed with the Public Hearing. >- III lY t:$ 5 Z .s 0 ~o a: l:2 ~ 'I--' Oot:: 0 ~ lu _~ '& ~ ~.... l- fQ ... CI) 9.t \"l .... I: ~ I- ril ;,g .9 ~ 0 a .J:2 ~ Ql ~ ~ <( z ,.Q f/) .~ 0 ~ tll' '" J '"" 0 .gJ ~ <I"> ~ III U !i3 .2'l UJ ;:: If.i ~ E: e Q) t! 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'" ,",V.,j' H 0 H f:i:l ;:::. ~ Iii ;.!:j ~ :E f;r:j e ~ V) CI}~ .~ (j) I-l E-< ~ t: ~;:r::!j .....::d t: l':: CI} .~ Q:l CI} .\.J (::: p::: ~ (5 ~ ~ g. .~ is ~ 8 ii ~ 0 ] ~ ~ ~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14,2007 Division: Growth Management Bulk Item: Yes - NoX Department: Planning Staff Contact Person: Andrew Trivette Clarence Feagin, Ph.D., AICP AGENDA ITEM WORDING: A public hearing to consider an ordinance adopting an amendment to the land development regulations to consider transient residential units legally established before January 4, 1996 (the date the current comprehensive plan was adopted) conforming as to density, in order to permit replacement, redevelopment, and substantial improvements. ITEM BACKGROUND: On August 21, 2007 the Development Review Committee reviewed the proposed text amendment and passed a resolution recommending approval to the planning commission (Resolution D 19-07). On September 26, 2007 the Planning Commission heard the proposed text amendment and, in consideration of public testimony and the staff report prepared by the Planning Department, passed a resolution to the BOCC recommending adoption, with minor changes for clarification (Resolution P50- 07). PREVIOUS RELEVANT BOCC ACTION: None. CONTRACTIAGREEMENT CHANGES: None. ST AFF RECOMMENDATIONS: Approval. TOTAL COST: NA BUDGETED: Yes - NoX COST TO COUNTY: NA SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes - No No AMOUNT PER MONTH - Year - APPROVED BY: County Atty 1L- OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included Yes Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 ORDINANCE NO. A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO THE TEXT OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 9.5-268 ENTITLED "EXISTING RESIDENTIAL DWELLINGS" TO CONSIDER TRANSIENT RESIDENTIAL UNITS LEGALLY EST ABLISHED BEFORE JANUARY 4, 1996 CONFORMING AS TO DENSITY IN ORDER TO PERMIT REPLACEMENT, REDEVELOPMENT AND SUBSTANTIAL IMPROVEMENTS; 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: Monroe County has adopted the Year 2010 Comprehensive Plan (Plan) that contains land use policies; and WHEREAS: Policy 101.4.23 of the Plan states "Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code."; and WHEREAS, Transient residential units rendered nonconforming as to density by Plan have prohibited owners of such units to redevelop or make substantial improvements to these structures, and as a result has caused the continual degradation of the quality and safety of these structures over time; and WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make substantial improvements to legally established transient residential units in the aftermath of a hurricane, owners of such units are reluctant to invest in the long-term maintenance of these structures, resulting in the continued degradation of neighborhoods and community character, and creating unsafe environments, and WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment of transient residential units and thereby preserve an existing tax base that has historically provided a significant amount of tax revenues used by the County to acquire environmentally sensitive lands and construct affordable housing; and WHEREAS, Monroe County desires to encourage redevelopment of transient uses such as hotels and motels in order to attract tourism, enhance the economy of the County for the benefit of its residents, enhance the County's ability to support needed improvements in infrastructure, and encourage other redevelopment efforts for the economic growth, prosperity and welfare of the residents of Monroe County; and W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20071114\Transient Units\ORDINANCE BOCC TRANSIENT UNIT GRANDFATHERING 09 26 07 (2).doc Page 1 of 4 Reviewed by ____ WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the benefits of protecting existing transient units in order to sustain economic growth and development of the lodging industry; and WHEREAS, providing such protection in the County's regulations that will allow owners of transient units to redevelop and make substantial improvements is a form of economic development that has the potential to increase tax revenues to the County without increasing tax rates by increasing the volume of the tax revenuesfrom hotel rooms and other related tourist businesses such as retail shops, specialty and souvenir shops, restaurants, charter and dive boats, bait and tackle shops that will enhance the County's tourist industry and economy; and WHEREAS, this amendment is consistent with the following Principles for Guiding Development in the Florida Keys Area of Critical State Concern: (a) To strengthen local govemrnent capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concem designation, and (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development; and WHEREAS: The BOCC may consider the adoption of an ordinance enacting a proposed text amendment based on at least one of the six (vi) factors listed in Section 9.5-511 (d) (5) (b) of the Monroe County Code, the BOCC finds the proposed amendment justified by factor (v) Recognition of a needfor additional detail or comprehensiveness; and WHEREAS, The BOCC finds that enactment of this Ordinance will protect the public health, safety and welfare of the residents of Monroe County, and further the purposes, goals, objectives and policies of the Monroe County's Year 2010 Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concem; and WHEREAS, On August 21, 2007 the Development Review Committee reviewed the proposed text amendment and prepared a resolution recommending approval of the proposed text amendment (D19-07), WHEREAS, On September 26, 2007 the Planning Commission heard the proposed text amendment and duly considered public testimony the re[port prepared by staff, and passed a resolution the board of county commissioners recommending approval (PSO-07), NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY THAT, Section 1. Sec. 9.5-268 of the Monroe County Code is hereby amended as follows: [Proposed text changes are presented in strikethrough to indicate deletions and underline to indicate additions.] W:\GROWTH MANAGEMENT'BOCC\GMD Agenda Items\20071114\Transient Units\ORDfNANCE BOCC TRANSIENT UNIT GRANDF A THERfNG 09 2607 (2).doc Page 2 of 4 Reviewed by______ Sec. 9.5-268. Existing residential dwellings. Notwithstanding the provisions of Sections 9.5-267,9.5-262 and 9.5-263, the owners ofland upon which a lawfully established dwelling unit, er-a-mobile horne, but not including or transient residential units exists shall be entitled to one (I) d'.velling unit for each 5B€h type of dwelling unit in existence before January 4, 1996. Such legally-established dwelling unit shall not be considered as a non-conforming use. Section 2. 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 3. Repeal of Conflicting Provisions. The provisions of the Monroe County Code and all Ordinances or parts of Ordinances in cont1ict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall be effective immediately upon approval by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes. THIS SPACE LEFT BLANK INTENTIONALLY W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\2007I 114\Transient Units\ORDINANCE BOCC TRANSIENT UNIT GRANDFATHERING 09 2607 (2).doc Page 3 of 4 Reviewed by .0. j PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the _day of ,2007. Mayor Mario DiGennaro - Mayor Pro Tern Dixie M. Spehar - Commissioner Charles "Sonny" McCoy - Commissioner George Neugent Commissioner Sylvia Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk W:\GROWTH MANAGEMENT\BOCCIGMD Agenda Items'200711141Transient Units'ORDINANCE BOCC TRANSIENT UNIT GRANDF ATHERlNG 09 26 07 (2).doc Page 4 of4 Reviewed by ____.____. e>~i~ <s-~~~ 'fr ~~~:t:t\ if} CUI' '23' ~ \ ~. .''ft ~~ !; ,,\~ '\\1- :. ." . Jjf ~; ,.1':1 i;..,> ,,' "-"'/~~... ~ " MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Clarence Feagin, Ph.D., AICP, Sr. Planner Through: Townsley Schwab, Acting Senior Director, Dept. 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 AMENDMENT: 2 3 Proposed text changes are presented in strikethrough to indicate deletions and underline 4 to indicate additions. 5 6 The proposed amendment is to Section. 9.5-268. Existing residential dwellings: 7 8 "Notwithstanding the provisions of Sections 9.5-267, 9.5-262 and 9.5-263, the 9 owners ofland upon which a lawfully established dwelling unit, er-a-mobile home, 13m 10 not including or transient residential units exists shall be entitled to one (1) dv,'clling unit 11 for each s-tteh type of dwelling unit in existence before January 4, 1996. Such legally- 12 established dwelling unit shall not be considered as a non-conforming use." 13 14 A. Previous County Action: 15 16 i. Development Review Committee 17 18 On August 21, 2007 the Development Review Committee reviewed the proposed text 19 amendment and passed a resolution to the Planning Commission recommending approval 20 of the proposed text amendment (DRC Resolution 019-07). 21 22 ii. Planning Commission 23 W:.GROWTH MANAGEMENT'BOCCGMD Agenda Itcms'20071114\Transicnt UnitsSTAFF REPORT BOCC TRANSIENT UNIT GRADF ATHER 09 27 07.doc Page I of6 Reviewed by ~ 1 On September 26, 2007 the Planning Commission heard the proposed text 2 amendment and duly considered public testimony the report prepared by staff, and passed 3 a resolution to the board of county commissioners recommending approval (50-07). 4 5 B. Petitioner: 6 7 The text amendment is proposed by the Department of Planning and Environmental 8 Resources. 9 10 C. Characteristics of the proposed text amendment 11 1. The proposed text amendment allows transient residential uni ts rendered 12 nonconforming as to density when the Comprehensive Plan was adopted on January 4, 13 1996 to be considered conforming, in order to allow for substantial improvements, 14 redevelopment and replacement of hotel and motel rooms legally established before 15 January 4, 1996. 16 17 2. The proposed amendment includes transient residential units among the other 18 types of residential units (dwelling units and mobile homes, for instance) that are given 19 an entitlement to a density of one unit for each such unit that was legally established 20 before January 4, 1996, in order to allow for substantial improvements, redevelopment 21 and replacement. 22 23 II. ANAL YSIS 24 25 A. Consistency with the Land Development Regulations 26 27 County requirements for amendments to the land development regulations: 28 Pursuant to Section 9.5-511 (d)( 5)b of the Monroe County Code, the Board of County 29 Commissioners may consider the adoption of an ordinance enacting proposed changes to 30 the text or maps based on one (1) or more of the following factors, for which the 31 following justification is provided: 32 33 (i) Changed projections (e.g., regarding public service needs) Fom those on 34 which the text or boundmy was based; 35 36 None. 37 38 (ii) Changed assumptions (e.g.. regarding demographic trends); 39 40 None. 41 42 (i ii) Data errors, including errors in mapping, vegetative types and natural 43 features described in Volume I of the plan; 44 45 None. 46 WGROWTH MANAGEMENT.BOCCGMD Agenda ltems20071 I l4'Transient Units STAFF REPORT BOCC TRANSIENT UNIT GRADFATHER 09 27 07.doc Page 2 of 6 Reviewed by:______ 1 (iv) New issues; 2 3 None. 4 5 (v) Recognition ofa need jar additional detail or comprehensiveness; or 6 7 The existing wording in Section. 9.5-268. Existing residential d.t'Cllings of 8 the LDRs is not consistent with Comprehensive Policy 101.4.23. Policy 9 101.4.23 is the Comprehensive Plan policy that grandfathers legally- 10 established, over-density dwelling units to be entitled to replacement with 11 one dwelling unit per each such unit that existed before the Year 2010 12 Comprehensive Plan was adopted in 1996. Moreover, Policy 101.4.23 13 does not specifically exclude transient residential units from being entitled 14 to a one-for-one replacement for over-dense units, as Section 9.5-268 15 does. This amendment to the text of the land development regulations will 16 provide for consistency with the Comprehensive Plan, in order to include 17 transient residential units so that they will not be considered to be non- 18 conforming as to the density provisions of Policy 101.4.21 and the 19 Monroe County Code. As a result, since Policy 101.4.21 allocates density 20 to hotel and motel rooms, the amendment to entitle a density of one 21 dwelling unit per each such transient residential unit that was legally 22 established before January 4, 1996 furthers the implementation of Policy 23 101.4.23 by serving its purpose and intent of allowing transient residential 24 units made non-conforming by the Plan to redevelop and make substantial 25 improvements. 26 27 In addition, since the adoption of the building permit allocation system 28 (BP AS) in 1992, no new transient residential units have been allocated or 29 built in the Keys. As a result, the seasonal population has not significantly 30 increased above levels that originally existed in 1992. Nevertheless, the 31 seasonal population contributes significantly to the County's economic 32 base today as it did when our comprehensive plan was adopted. The data 33 and analysis in the County's Technical Document did not anticipate a 34 demand for additional land for new transient residential uses since there 35 was a prohibition on allocating new hotel rooms, campgrounds, or 36 recreational vehicle spaces. Because no new transient units have been 37 built over the past fifteen (15) years, existing transient and seasonal 38 housing units are in need of redevelopment to retain the viability of this 39 important sector of the Key's economy. Needs assessments for 40 hotel/motel redevelopment can be provided in the form of market and 41 feasibility studies conducted by developers as required by financial 42 lending institutions, who are exposed to risk and accountability to 43 investors and stockholder as properties are redeveloped. Furthermore, this 44 amendment provides for land use regulations that will ultimately improve 45 physical conditions of transient resident units and maintain the economic 46 viability of the lodging industry derived from our seasonal population. WGROWTH MANAGEMENTHOCCGMD Agenda Items'20071114\Trdnsicnt Units STAFF REPORT BOCC TRANSIENT UNIT GRADFATHER 09 27 07.doc Page 3 of 6 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 11 Policy 101.4.23 12 Nont'ithstanding the density limitations set forth in Policy 101.4.22, land 13 upon which a legally-established residential dwelling unit is in existence 14 and used as a principal residence on the e.Uective date of this plan shall 15 continue to be entitled to a density of one dvvelling unit per each such unit 16 in existence on the e.ffective date of this plan. 17 18 Obiective 101. 7 19 Monroe County shall evaluate potential redevelopment areas and prepare redevelopment 20 plansfor areas determined to be in need of redevelopment. [9J-5.006(3)(b)2] 21 22 Policy 101.7.1 23 By Janumy 4, 1998, Monroe County shall conduct a needs assessment of 24 potential redevelopment areas. This assessment shall ana~vze land use 25 changes, property values, structural conditions, business climate, 26 renter/owner ratios, commercial and residential vacancy rates, and other 27 indicators of economic vitality and physical living conditions for which 28 i11formation is available. 29 30 C. Consistency with the Principles for Guiding Development in the Florida Keys 31 Area of Critical State Concern. 32 33 The proposed text amendment is consistent with the Principles for Guiding 34 Development as a whole and is not inconsistent with any Principle. 35 Specifically, the amendment furthers: 36 Principle (a) To strengthen local govemment capabilities for managing land use 37 and development so that local government is able to achieve these objectives 38 without the continuation of the area of critical state concern designation, and 39 Principle (d) To ensure the maximum well-being of the Florida Keys and its 40 citizens through sound economic development, in that it provides for maintaining 41 existing transient residential units that contribute tax revenues for economic 42 development. WGROWTH MANAGEMENTBOCCGMD Agenda ltems20071114Transicnt Units STAFF REPORT BOLT TRANSIENT UNIT GRADF ATHER 09 27 07.doc Page 4 of 6 Reviewed by:...~~ 1 IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 2 3 1. The proposed map amendment meets one (1) of the factors in Section 9.5-511 of 4 the Monroe County Code that the BOCC may consider for amending the land use 5 regulations: 6 7 (v) Recognition of a need for additional detail or comprehensiveness. 8 9 2. The proposed text amendment is consistent with the following comprehensive 10 plan objectives and policies of the Future Land Use Element: 11 12 1. Policy 101.4.23, 13 2. Objective 101.7, and 14 3. Policy 101.7.1 15 16 3. The proposed text amendment is consistent with the following Principles for Guiding 17 Development in the Florida Keys Area of Critical State Concem: 18 19 (a) and (d). 20 21 4. The proposed text amendment is in the interest of public welfare. 22 23 The text amendment will preserve and enhance the County's tax revenue stream 24 from hotels and motels, and food and entertainment estab lishrnents 25 complimentary to the lodging industry. Redevelopment of transient units that add 26 value to real assets of the lodging industry will provide increased tax revenues 27 without having to increase property tax rates. These tax revenues are important 28 for eliminating deficiencies in the County's infrastructure, public facilities, 29 acquisition of environmentally sensitive lands and affordable housing. 30 31 V. STAFF RECOMMENDATION: 32 33 Approval. W:GROWTH MANAGEMENT,BOCCGMD Agenda Items 20071 I 14 Transient Units STAFF REPORT BOCC TRANSIENT UN IT GRADF ATHER 09 27 07.doc Page 5 of 6 Reviewed by:~_______ PLANNING COMMISSION RESOLUTION NO. P50-07 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROV AL OF AN AMENDMENT TO THE TEXT OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 9.5-268 ENTITLED "EXISTING RESIDENTIAL DWELLINGS" TO CONSIDER TRANSIENT RESIDENTIAL UNITS LEGALLY ESTABLISHED BEFORE JANUARY 4, 1996 CONFORMING AS TO DENSITY IN ORDER TO PERMIT REPLACEMENT, REDEVELOPMENT AND SUBSTANTIAL IMPROVEMENTS. WHEREAS, Monroe County has adopted the Year 2010 Comprehensive Plan (Plan) that contains land use policies; and WHEREAS, Policy 101.4.23 of the Plan states "Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code."; and WHEREAS, Transient residential units rendered nonconforming as to density by Plan have prohibited owners of such units to redevelop or make substantial improvements to these structures, and as a result has caused the continual degradation of the quality and safety of these structures over time; and WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make substantial improvements to legally established transient residential units in the aftermath of a hurricane, owners of such units are reluctant to invest in the long-term maintenance of these structures, resulting in the continued degradation of neighborhoods and community character, and creating unsafe environments; and WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment of transient residential units and thereby preserve an existing tax base that has historically provided a significant amount of tax revenues used by the County to acquire environmentally sensitive lands and construct affordable housing; and WHEREAS, Monroe County desires to encourage redevelopment of transient uses such as hotels and motels in order to attract tourism, enhance the economy of the County for the benefit of its residents, enhance the County's ability to support needed improvements in infrastructure, and encourage other redevelopment efforts for the economic growth, prosperity and welfare of the residents of Monroe County; and P50-07 Page I of3 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the benefits of protecting existing transient units in order to sustain economic growth and development of the lodging industry; and WHEREAS, providing such protection in the County's regulations that will allow owners of transient units to redevelop and make substantial improvements is a form of economic development that has the potential to increase tax revenues to the County without increasing tax rates by increasing the volume of the tax revenues from hotel rooms and other related tourist businesses such as retail shops, specialty and souvenir shops, restaurants, charter and dive boats, bait and tackle shops that will enhance the County's tourist industry and economy; and WHEREAS, this amendment is consistent with the following Principles for Guiding Development in the Florida Keys Area of Critical State Concern: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation; and (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development; and WHEREAS, The BOCC may consider the adoption of an ordinance enacting a proposed text amendment based on at least one of the six (vi) factors listed in Section 9.5-511 (d) (5) (b) of the Monroe County Code, the BOCC finds the proposed amendment justified by factor (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, The BOCC finds that enactment of this Ordinance will protect the public health, safety and welfare of the residents of Monroe County, and further the purposes, goals, objectives and policies of the Monroe County's Year 2010 Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern; and WHEREAS, On August 21, 2007 the Development Review Committee reviewed the proposed text amendment and prepared a resolution (D19-07) recommending approval of the proposed text amendment; and WHEREAS, On September 26, 2007 the Planning Commission heard the proposed text amendment and duly considered public testimony the report prepared by staff, and passed a resolution the board of county commissioners recommending approval, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION THAT: Sec. 9.5-268 of the Monroe County Code is hereby recommended to be amended as follows: [Proposed text changes are presented in strikethrough to indicate deletions and underline to indicate additions. ] Sec. 9.5-268. Existing residential dwellings. P50-07 Page 2 of3 Notwithstanding the provisions of Sections 9.5-267, 9.5-262 and 9.5-263, the owners ofland upon which a lawfully established dwelling unit, er-a-mobile home, but not including or transient residential units exists shall be entitled to one (1) dwelling unit for each sooh type of dwelling unit in existence before January 4, 1996. Such legally-established dwelling unit shall not be considered as a non-conforming use. PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning Commission at a regular meeting held on the 26th day of September, 2007. James D. Cameron, Chair YES Randolph D. Wall, Vice Chair YES John Marston, Commissioner YES Sherry Popham, Commissioner NO Donna Windle, Commissioner YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By James D. Cameron, Chair Signed this day of ,2007. P50-07 Page3of3 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D19-07 A RESOLUTION BY THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TEXT OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 9.5-268 ENTITLED "EXISTING RESIDENTIAL DWELLINGS" TO CONSIDER TRANSIENT RESIDENTIAL UNITS LEGALLY ESTABLISHED BEFORE JANUARY 4, 1996 CONFOR.l\1ING AS TO DENSITY IN ORDER TO PERMIT REPLACEMENT, REDEVELOPMENT AND SUBST ANTIAL IMPROVEMENTS. WHEREAS: Monroe County has adopted the Year 2010 Comprehensive Plan (Plan) that contains land use policies; and WHEREAS: Policy 101.4.23 of the Plan states "Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code."; and WHEREAS, Transient residential units rendered nonconforming as to density by Plan have prohibited owners of such units to redevelop or make substantial improvements to these structures, and as a result has caused the continual degradation of the quality and safety of these structures over time; and WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make substantial improvements to legally established transient residential units in the aftermath of a hurricane, owners of such units are reluctant to invest in the long-term maintenance of these structures, resulting in the continued degradation of neighborhoods and community character, and creating unsafe environments, and WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment of transient residential units and thereby preserve an existing tax base that has historically provided a significant amount of tax revenues used by the County to acquire environmentally sensitive lands and construct affordable housing; and WHEREAS, Monroe County desires to encourage redevelopment of transient uses such as hotels and motels in order to attract tourism, enhance the economy of the County for the benefit of its residents, enhance the County's ability to support needed improvements in infrastructure, and encourage other redevelopment efforts for the economic growth, prosperity and welfare of the residents of Monroe County; and WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the benefits of protecting existing transient units in order to sustain economic growth and development of the lodging industry; and W:\GROWTH MANAGEMENT\LDR\Amendments\Text\TRANSIENT UNIT GRANDFA THERING\DRC\D19-07 RESOLUTION DRC TRANSIENT UNIT GRANDFATHERING 08.30.07.doc Page 1 of 3 Reviewed by 'T 2-- WHEREAS, providing such protection in the County's regulations that will allow owners of transient units to redevelop and make substantial improvements is a form of economic development that has the potential to increase tax revenues to the County without increasing tax rates by increasing the volume of the tax revenuesfrom hotel rooms and other related tourist businesses such as retail shops, specialty and souvenir shops, restaurants, charter and dive boats, bait and tackle shops that will enhance the County's tourist industry and economy; and WHEREAS, this amendment is consistent with the following Principles for Guiding Development in the Florida Keys Area of Critical State Concern: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation, and (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development; and WHEREAS: The BOCC may consider the adoption of an ordinance enacting a proposed text amendment based on at least one of the six (vi) factors listed in Section 9.5-511 (d) (5) (b) of the Monroe County Code, the BOCC finds the proposed amendment justified by factor (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, The BOCC finds that enactment of this Ordinance will protect the public health, safety and welfare of the residents of Monroe County, and further the purposes, goals, objectives and policies of the Monroe County's Year 2010 Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern; and WHEREAS: On August 21, 2007 the Development Review Committee reviewed the proposed text amendment and prepared a resolution recommending approval of the proposed text amendment, NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE: Sec. 9.5-268 of the Monroe County Code is hereby recommended to be amended as follows: Proposed text changes are presented in strikethrough to indicate deletions and underline to indicate additions. Sec. 9.5-268. Existing residential dwellings. Notwithstanding the provisions of Sections 9.5-267, 9.5-262 and 9.5-263, the owners ofland upon which a lawfully established dwelling unit or a mobile home, but not including transient residential units exists shall be entitled to one (l) dwelling unit for each such unit in existence. Such legally-established dwelling unit shall not be considered as a non-conforming use. W:\GROWTH MAN AGEMENJ\LD R \Amendments\T ext\TRANSIENT UNIT GRANDF A THERING\DRC\D 19-07 RESOLUTION DRC TRANSIENT IJNIT GRAN"DF A THERING 08.30.07.doc Page 2 of3 Reviewed bY~_ Recommended by the Monroe County Development Review Committee on the 21 st day of August, A.D., 2007. Date: 911/~~9- If ctOf, Department of Planning and nvironmental Resources W:\GROWTH MANAGEMENT\LDR\Amendments\ Text\TRANSIENT UNIT GRANDF A THERING\DRC\D 19-07 RESOLUTION DRC TRANSIENT UNIT GRANDF ATHERING OS.30.07.doc Page 3 of3 Reviewed bY~_ Submitted by Ron Miller Upper Keys Citizens Association Concerning THE PROPOSED TEXT AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS (9.5-268)** August 30, 2007 Meeting Date: September 26, 2007 As to the below referenced objectives and opinions, I submit the following documents and transcriptions from previous Planning Commission meetings, as well as other comments which clearly show that it was the opinion of county staff that 9.5-268 is consistent with 101.4.23, and the opinions of previous planners and Planning Commissioners that transient should not be included in 101.4.23 and was subsequently re-emphasized in the changes in 9.5.268. SECTION I. PROPOSED AMENDMENT C. Characteristics of the proposed text amendment 1. The proposed text amendment allows transient residential units rendered nonconforming as to density when the Comprehensive Plan was adopted on January 4, 1996 to be considered conforming, in order to allow for substantial improvements, redevelopment and replacement of hotel and motel rooms legally established before January 4,1996. 2. The proposed amendment includes transient residential units among the other types of residential units (dwelling units and mobile homes, for instance) that are given an entitlement to a density of one unit for each such unit that was legally established before January 4, 1996, in order to allow for substantial improvements, redevelopment and replacement." SECTION II. ANALYSIS A. Consistency with the Land Development Regulations (v) Recognition of a need for additional detail or comprehensiveness; or The existing wording in Section 9.5-268 Existing residential dwellings of the LDRs is not consistent with Comprehensive Policy 101.4.23. ** The entire proposed text amendment document is included for reference. (Incidentally, Policy 101.4.23 is Iquoted incorrectly.) As an aside, the transcripts from the 12/12/2001 and 3/26/2003 Planning Commission meetings also demonstrate that the Planning Commissioners realized that if other than principal residenc,es were included in the policy and LOR's, that the ability of the county to recapture over-density as affordable would be lost to the county. As well as commenting on the fact that the Comprehensive Plan was designed to guide future development so if we now grandfather everything, we have defeated the purpose of the Plan. Exhibits A, S, C, D ,E ,F submitted as follows: Page 1 of9 Tj . Exhibit A MEMORANDUM TO: Board Of County Commissioners FROM: Timothy McGarry, AICP, Director Growth Management DATE: August 8,2001 SUBJECT: Policy Paper on Non-conforming Development Issues (Page 5) Application of Policies and Regulations Affecting Non-conformities - As discussed previously where residential uses are "grandfathered" as to density, they are able to be expanded, enlarged, and have substantial improvements made to them as long as these improvements meet all other requirements of the Comprehensive Plan and LDRs. Therefore, most residences with permanent tenants or which are not held out for transient residential uses fall under the protected category. Where mobile homes, used as principal residences, are not permitted as an allowable use within a district, such Improved Subdivision, it may not be expanded, extended, or substantially improved and can only be replaced with a conventional or modular house. (Page 6) Non-conformity as to Density - (Page 7) Another issue related to the protection of density issue is the problem within RV or SC districts where RVs have been legally permitted (pre--1989) to become permanent structures. These non-road ready trailers are generally considered non-conforming uses, similar to how the Planning Department has treated duplexes in Improved Subdivisions. The real issue is how these legally established structures should be handled in a build-back situation, since only RV spaces and hotel units are allowable uses. The staff recommends this issue be further investigated, including obtaining more specific data on the extent of the problem. (Page 8) Recommendations Based on its evaluation of the major policy issues related to non-conformities, the Growth Management Division offers the following recommendations to the Board of County Commissioners: . Direct staff to prepare appropriate amendments to Comprehensive Plan Policy 101.4.23 and Section 9.5-268 of the LDRs to extend the rebuild provisions to all lawfully established residential and transient residential uses, including providing clear policy protection for residential dwellings that are considered non-conforming as to use, from the non-conformities provisions of the LDRs. Please note - there is no perceived inconsistency by the staff between 9.5-268 and 101.4.23. Staff was directed to change both the LDR and the Policy, if transient was to be included. . Direct staff to further investigate the issues related to the conversion of affordable housing, particularly mobile home/trailer parks, to determine what appropriate regulatory other non- regulatory changes, if any. should occur or can be done to mitigate this problem. . Direct staff to further investigate the non-conformity issues related to the legal conversion of RV's to permanent structures to determine extent of problem and identify appropriate options to address the problem. . Direct staff to continue its efforts to prepare comprehensive revisions to the LDRs to provide more flexibility in the application of development standards and to prepare specific policy and regulatory changes addressing redevelopment standards by the Livable CommuniKeys Program. Page 2 of9 Exhibit B TRANSCRIPT OF PLANNING COMMISSION MEETING DECEMBER 12. 2001 (Audio from Monroe County video) ITEM 4 - TEXT AMENDMENT TO POLICY 101.4.23 Speaking: Commissioners - Alicia Putney, Jerry Coleman, David Ritz, P. Morgan Hill Staff Planners - Robert Will, Marlene Conaway DCA - Rebecca Jetton Attorney John Wolfe (consultant to staff) (Time on tape) 2:05.34 Wolfe "The Planning Department is proposing an amendment to Year 2010 Comp Plan by changing Policy 101.4.23 to include seasonal residences, vacation rental units and transient rental units. The amendment will clarify that legally established residential dwellings or transient residential units in existence on or before January 4, 1996, shall not be considered non-conforming under the density provisions in Policy 101.4.21 and the Monroe County Code." 2:07.23 Will "The major impact I believe of this amendment instead of only being able to rebuild principal lawfully established residential units this change would allow a lawfully established residential unit including transient residential units to be rebuilt if they were shown to be in existence before January 4, 1996. And the reason they would not be allowed to be rebuilt is if they were nonconforming as to density. This is only with regards to non-conformities and density, not use. So we would be able to allow folks with seasonal homes that aren't their principal residence to expand or rebuild them if they were destroyed. " 2:08.4 Jetton "It's still affordable housing time and the Departments' concern with this policy if we allow the rebuilding of transient units we are going to exacerbate the affordable housing supply. But I understand that these people have some vested rights also. I understand the carrying capacity study is coming out and that the chances for developers in the Florida Keys is somewhat limited so what I would recommend to you is that you add a sentence at the end of this policy that says a percentage of the over-density units shall be set aside as on site or off site affordable housing. And you can decide what that percentage is in your land development regulations. But I think we have to consider the impact on affordable housing." Coleman "Rebecca, my question here would be that if we are talking about transient units that are already here, what is the effect of rebuilding them if they burned down? It's not new transient development." 2:10.00 Jetton "Well there could be things like RV spaces." Coleman "That are used now on a permanent basis?" Page 3 of9 Jetton "Maybe... they may be used or may not be or they may be just a space on the ground but they have a credit if they are platted and recognized and they could become hotel units or something. I have no idea about the data." 2:11.14 Conaway "I think what Rebecca is talking about and I'm not talking for Rebecca is that a percentage of that over-density instead of all for transient would be done for transient would be done for affordable or employee housing." 2:13.17 Hill "If you look to Key West they put such a heavy over-emphasis hotel motel whatever I'm not calling them wrong or whatever but now they have truly exhausted their viability for anytime of affordable projects anywhere. I think to use them as a learning tool to not go down that .... we are not revoking the people's rights completely. We are not saying that you can't do any motel units or what-have- you but to do this because you are already not what you should be." 2:15.08 Putney "First of alii am troubled by the staff report characterization that 101.4.23 is a scriven ors error. I don't quite understand that. If you look at the code, the parallel code that's in the Monroe County code right now which is Section 9.5-268 and you look at the code that pre-dated that, and you look at the code that pre-dated that, there is a very clear distinction between what over-density properties, and I think Morgan alluded to this, that have here-to-fore have qualified for redevelopment it's been the residential to protect the residential, its been the principal residence to protect the people its ... their homes, basically, it's been this pattern from way back that says if because the rules have changed, and this is your home, you get to rebuild it." 2:30.20 Will "If I may make one last comment with regard to Commissioner Putney's comments. I wanted to address your concern with the scrivener's error term. I completely agree with you 101.4.23 is directly in line with the LDRs as they stand. The scrivener error is in the first sentence. Let me read it to you." Putney "Oh, I see the last... " Will "It is just a citation error. It should be a one (1)." Exhibit C MEMORANDUM TO: Monroe County Planning Commission FROM: Robert Will, Planner DATE: March 22, 2002 RE: Revision of the Proposed Comprehensive Plan Amendment to Protect the Density of Lawfully Established Residential Dwelling Units Page 4 of9 (Page 2) I. Background At the request of the board of County Commissioners, Growth management staff was directed to revise Policy 101.4.23 to include seasonal, vacation rental, and transient units rather than limit grandfathering to only principal residences. At the December 12, 2001 regular meeting of the Planning Commission concerns were raised that allowing all types of transient housing units to be granted density exemption could have severe unintended consequences. For example, Recreational vehicle spaces and campground sites would be granted a density of one dwelling unit and could be redeveloped into housing, hotel, or motel rooms. This potential redevelopment would have an unknown effect on the results of the hurricane evacuation model, level of service on US 1, and the carrying capacity study due to an increase in the intensity of use of various transient residential units. The Planning Commission suggested that Policy 101.4.23 be amended to be more narrow in scope to achieve the desired results of protecting the density of residential homes and vacation rentals. Exhibit D MEMORANDUM TO: Monroe County Planning Commission FROM: Fred Gross, Director, Lower Keys Island Planning Team DATE: February 25,2003 RE: AMENDMENT TO SEC.9.5-268 (EXISTING RESIDENTIAL DWELLINGS) I. BACKGROUND The Monroe County Board of County Commissioners recently approved an ordinance amending Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan. The intention was to "grandfather" residential structures legally established before January 4,1996 and permit improvements to those structures. The planning commission has approved the Comprehensive Plan amendment as outlined above. It now remains that the LDRs be amended accordingly. The proposed amendment to See 9.5-268 of the Monroe County Land Development Regulations enables the implementation of Comp Plan Policy 101.4.23. The proposed amendment was reviewed and approved by the Development Review Committee at its regularly scheduled meeting of February 10, 2003. II. ANALYSIS & FINDINGS OF FACT 1. Staff finds that there is a need to amend See 9.5-268 (Existing Residential Dwellings). 2. Staff finds that the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness. III. PROPOSED TEXT Sec. 9.5-268. Existing residential dwellings. Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of land upon which a lawfullv established dwelling unit or a mobile home used as a prinsipal resiElence prier te the effecti\'e date ef the plan was lawful en tho o#octive date of this chapter exists prior to the effective Elate eftl:1e plan was lawful on tl:1e effeGtivo Elato of this chapter shall be entitled to one (1) dwelling Page 5 of9 unit for each such unit in existence on tl:le effeGti'le Elate of this cl:lapter. Such leaallv-established dwellina unit shall not be considered as a non-conformina use. (Ord. No. 33-1986, ss 9-308) IV. RECOMMENDATIONS Based on the Findings of Fact above, the Development Review Committee of Monroe County, Florida recommends APPROVAL of the proposed amendment to Section 9.5-268 of the Monroe County Code." Exhibit E MEMORANDUM TO: Monroe County Planning Commission FROM: Fred Gross, Director, Lower Keys Island Planning Team DATE: April 1, 2003 RE: AMENDMENT TO SEC.9.5-268 (EXISTING RESIDENTIAL DWELLINGS) I. BACKGROUND The Planning Commission at it's March 26, 2003 meeting in Key Largo voiced concern about the use of the term "dwelling unit" and wanted to be sure that transient units did not receive the same protection. The definition of dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities (See 9.5-4(D- 31)). A transient residential unit means a dwelling unit used for transient housing such as a hotel or motel room or space for parking a recreational vehicle (See 9.5-4 (T -4)). It is only in ROGO that the two are brought together under residential dwelling unit, a dwelling unit as defined in section 9.5-4 of the Monroe County Code and expressly includes the following terms also defined in section 9.5- 4: hotel rooms, campground spaces, mobile homes, transient residential units, institutional residential units and Iive-aboards (See 9.5-120). Staff concurs with Planning Commission that to reduce problems with future interpretations transient units should be expressly excluded. II. PROPOSED TEXT Sec. 9.5-268. Existing residential units Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of land upon which a lawfullv established dwelling unit or a mobile home, but not including transient units \,IseEl as a priRsipal r-osiEleRse prior te tl:le effestive Elate of the plaR was la>tA'\,I1 eR the effesti\'e Gate of this ct-lapter exists prier to the effestive date ef the plan '.vas la'.vful on tl:le effeGtive Gate ef tt-lis chapter shall be entitled to one (1) dwelling unit for each such unit in existence on the effestive Gate of this chapter. Such lawfullv established dwellina unit shall not be considered as a non-conformina use. (Ord No. 33-1986, ss 9-308) The following is a transcript of the Planning Commission meeting that is mentioned in the Apri/1, 2003 Memorandum (shown above) Exhibit F TRANSCRIPT OF PLANNING COMMISSION MEETING MARCH 26. 2003 /Audio from Monroe County video) ITEM 4 - PROPOSED CHANGES TO LOR 9.5-268 Page 60f9 Speaking: Commissioners - Alicia Putney, Jerry Coleman, David Ritz Staff Planners - Marlene Conaway Attorney John Wolfe (consultant to staff) 10:10.18 Conaway "The way it's been constructed through the years we have a lot of residential uses in what is currently now zoned Suburban Commercial and this allows relief for those type of units but it also uh... we already passed the FLUME ... the change to the Comprehensive Plan which permitted any over-density uses also to become conforming and to be able to be replaced. It is only for residential. You might remember we went through the issue and there was the question about transient as well as what is defined as residential and the Planning Commission at that time recommended against including transient and the Comprehensive Plan amendment did not include transient." 10:13.51 Putney "My fear given the language proposed today is that we are grandfathering in camp site spaces and mobile homes and RV parks. So I would like to hear from the rest of the board. I don't think we want to do that." 10:14.43 Conaway "This is intended only to be residential units that are different dwelling units that are different than transient and this is the same basic language we did in ..." 10:15.05 Coleman "Except for the principal this grandfathers every residential dwelling or structure whether it is a principal home or not that is a hugely significant change." 10:15.16 Conaway "Let me jump back here and see what we did maybe the language is our problem. I want to jump back to the Comprehensive Plan and see how we made that change. Ok... and then what I need to do is change this and add the word residential legally established residential dwelling unit. I hadn't realized that that had been dropped because the idea is and that's the way the Comp Plan is written." Ritz "It says legally established." Conaway "But it doesn't have the word residentiaL" Putney "It also doesn't have non-transient or principaL" Coleman "It drops principal use as principal residence." Conaway " ... And that was dropped." Wolfe 'Weill think the theory then was ..." Page 7 of9 Coleman "Let's grandfather all the residential dwelling units no matter how they are used." Conaway "That's exactly what it is doing." 10:19.20 Coleman "I have an over-density site but I can transfer it." 10:19.42 Wolfe "The whole point of the TRE was able to transfer over-density." 10:20 Ritz " We shouldn't allow them to rebuild and transfer. If that was the original goal, now we are giving them the cake and allowing them to eat it too. We should give them one or the other." 10:20.18 Conaway "Now if it was a legal residential unit, not a transient, if they transfer off site, they transfer to affordable housing. That's the only way you can transfer a residential dwelling that is not transient. If it is a transient dwelling under the existing ordinance, it can be transferred to affordable housing or another transient use. But we are talking about residential dwellings right now. The only way they can transfer off site is to affordable housing." 10:30.59 Ritz "So this would affect single family homes, condominiums, and mobiles homes, period. It would not affect RVs and would not affect hotels and duplexes?" Conaway "It would affect duplexes." 10:31.27 Putney "If we are going to correct so that it doesn't affect RVs, I am going to go back and read this again. Given the LOR statement transient units mobile homes hotel rooms and residential lots which occupied or not are all considered residential units, so we need to refine that language so that we don't have it just as residential units. I don't know exactly how you want to do it." 10:31.50 Coleman "The principal... the second home, I don't have a problem with building that back ,but the transient and RV, I think we should clarify that." 10:32 Conaway "The new language for the Comp Plan, we should really follow that language. " 10:32.22 Putney "If it went before the BOCC, I assume it is sync." Conaway "It is in sync. Let me see how it was done there. (reading from 101.4.23) legally established residential unit" Page 8 of9 10:33.39 Conaway "There is not a definition of a residential dwelling unit. There is a dwelling unit residence which I think by adding the term residential to me it makes it different from transient. It's transient that we are trying to get rid ..." Coleman "I think it's gotta be permanent residential." Conaway "But the problem is you get rid of the seasonal." Ritz " How about non-transient?" 10:35.20 Ritz "I think we need to be as clear as possible I agree with Commissioner Putney. Why don't we say in the text here 'not including RV units'? That way there is no ambiguity." Conway "Is RV the only transient you are worried about? ... We carefully did not include transient when we did the Comprehensive Plan amendment. OK, I'm going to stop all transient." CONCLUSION " The proposed text amendment to the Monroe County LDR's supporting statement under (v) Recognition for a need for additional detail or comprehensiveness - The existing wording in Section 9.5-268 Existing residential dwellings of LDRs is not consistent with Comprehensive Policy 101.4.23." I have to conclude that the statement that 9.5-268 is inconsistent with Policy 101.4.23 is totally unsupported in the historical documents. It was never perceived by the planners in their deliberations that 9.5-268 was inconsistent with the Policy 101.4.23. However, there is ample proof in the historical record that it was on purpose that the code was stated the way it was. It was on purpose the Policy was stated the way it was. It is evident from the historical data that it was the principal residences that were the focus of concern not the grandfathering of transient units. Even though there were concerns about including different types of residential uses, the historical data clearly shows that RV sites and camp sites were consistently excluded from the mix. If the Planning Department wants to move forward with this proposed text amendment, it should do so in an honest and direct manner, by proposing a policy change, not an LDR change, and presenting data and analysis for this policy change that could be supported by the public. Page 9 of9 MEMORANDUM AUGUST 8, 2001 lU/d.UUJ. ll~;"~ rl\A. dUU"Ot'''O'''' U.l'V"J.""" ""'''''''1- --- County of Monroe Growth Manlllltp.ment Division Board of County C'nm.m_ionen: 2798 Overseas Highway Mayor George NeuseOl, District 2 Suite 410 May<< Pro Tem Nora Williams, District 4 Morathon. Florida 33050 Comm. Charles "Soony" McCoy, Di51. 3 Voice, (305) 289 2500 Comm. Munay E. Nolson, District 5 FAX, (305) 289 2536 Comm. Di,ie M. Spcbar. District I MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AICPe4/ Director of Growth Manag DATE: August 8, 2001 SUBJECT: Policy Paper on Non-conforming Development Issues Overview In response to a request from the Board of COlBlty Commissioners at its July regular meeting, the Growth. Management staff has prepared this policy memorandum which addresses issues involved with the rights of property owners to build back their properties currently non-compliant with the Land Development Regulations (LDRs). Specific recommendations are provided at the conclusion of the paper for consideration by the Boaxd that addresses these issues. . Purpose and Scope Although the build-back issue is impacted by all the development requirements of the County's LDRs, this paper focuses its investigation primarily on issues related specifically to non- confonning density, since it is the major concern raised by the Board and has significant implications for many property owners in the Keys. The results of this investigation provide the basis for the staff's recommended course of action for consideration by the BOCC. Contents This memorandum contains the following sections: overview of policy concern raised by the Board at its July meeting; planning principles and legal basis for regulating non-confonnities; existing County regulations governing non-compliant properties; major exemptions to these regulations; application of policies and regulations to non-confonning properties; evaluation by staff of three significant policy issues; and staff recommendations on addressing non-conforming policy issues for consideration by the Boaxd of County Commissioners. C:\DOCUMEN'NiOCClbuiJdbackoplious.doc Page 1 of8 ~ .lUI.)J.I U..L U~.'" I'n..a "U"~~;:J'VlU"::l. ....n...."........ ............. - .- BOARD OF COUNTY COMMISSIONERS ORIGINAL AGENDA ITEM SUMMARY F3 Meeting Date: August 16,2001 Division: Growth Management Bulk Item: Yes No -L Deparbnent: N/A - AGENDA ITEM WORDING: Briefing by the Growth Management Division staff on possible courses of action to address build-back rights of non-confonning properties. ITEM BACKGROUND: At its regular July meeting, the Board of County Commissioners asked the staff to review the applicable Comprehensive Plan and Land Development Regulations concerning the rights of non-confonning structures and uses to build-back in case of substantial damage or improvement to the property. The Growth Management Division staff has prepared a briefing paper outlining the issues involved and suggested courses of action. The Board will be asked to provide direction to the staff on implementing any appropriate amendments to the Comprehensive Plan and/or Land Development Regulations. PREVIOUS RELEVANT DOCC ACTION: BOCe requested Growth Management Division staff to prepare a briefing paper on the non-conforming development build-back issue. CONTRACf/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Provide policy direction to staff. TOTALCOST: N/A BUDGETED: Yes N/A No - COST TO COUNTY:N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year -- APPROVED BY: County Atty .lL DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included lL.. To Follow DISPOSITION: AGENDA ITEM # ~d a:rrDJ:uaq'Ll stafF ~~ 1m ac'11'(JY)! lU/.,H1 U.l u~;,,~ ri\.A oJlIoJ,,"UJIO.UV, ...u"'"....... ........_~ - Policy Concern Raised by BOCC At its July meeting, the Board of County Commissioners raised a specific concern related to the rights of property owners to rebuild or substantially improve their properties in situations where the development did not meet minimum parcel size or density standards. An example was the recent case of a vacation rental residence on an off-shore island. In the Planning Director's opinion, which was sustained by the Planning Commission, the residence can not rebuilt if substantially damaged, because it had insufficient acreage (needs a minimum of 10 acres) and is not protected by the provisions of the Comprehensive Plan and LDRs governing principal residential uses. As noted by Commissioners, this issue is Keys wide. Numerous properties from trailer parks to condominiums are non-compliant with density provisions of the LDRs. Many of these uses can not be rebuilt or substantially improved, which creates some real concerns for the Commission. Therefore, the staff was requested to investigate the issue more thoroughly and come report back to the Board at its August meeting with specific recommendations. Planning Principles and Legal Basis for Regulations A primaIy purpose of zoning is to create a coherent plan of development for community and neighborhood districts with compatible uses and development standanls that reflect the community's vision and public interest as articulated in its comprehensive plan. Zoning recognizes that many uses and structures existing prior to the enactment of specific regulations will be purposefully rendered non-compliant in order to eventually eliminate those uses and structures. The elimination of these incompatible uses and structures is intended to be accomplished through their timely obsolescence, destruction or similar factors. The elimination and curtailment of non- conformities has been upheld by the courts as a legitimate exercise of police power. However, any requirement for the immediate compliance of existing development with new regulations would be deemed to be a retroactive application of police powers by the courts and would raise issues of fairness and equity. Therefore, although the planning theory behind the elimination of non-conformities is sound, in practice few such non-confonning uses or structures go away within a short period. Therefore, zoning regulations, such as the County's, place certain limitations on enlargements, extensions, or changes in the non-conforming use Or structure to hasten their eventual elimination. These regulations are intended to allow owners of existing, legally established non-compliant structures and uses the enjoyment and use of their properties until such time that a specific threshold event is reached. They are not intended to protect or vest property owners with unlawful or otherwise unauthorized changes to property or structures. I I Properties with illegal improvements are subject to cude enforcement action and/or withholding of permits for new improvements. C:IDOCUMEN1\BOCClbuildbackoptions.doc Page 2 of8 .lU/d.l/U.l U;)l.~:1 1'44 "V""'U;:J,,"UU't ......~..."....... ............. ~.. On the other hand, if zoning were to "grandfather" all existing development, it would defeat the very purposes for having a comprehensive land use plan upon which the zoning is based. It would invalidate the need for changes in development standards to protect specific public interests such public safety, health, water quality, and environmental resources. Therefore, any zoning ordinance, must ultimately balance the need to eliminate non-conformities with other public values and needs, for example the protection for citizens from changes in regulations that may negatively impact their primary residences. Existing Regulations Governing Non-Conformities Comprehensive Plan Objective 101.8 and its supporting policies establish the specific policy framework for the County'S regulations governing non-conforming uses and structures, which are implemented in Section 9.5-141 through Section 9.5-160 of the LORs. Except lIS will be noted in the following section, these policies and regulations do not allow the expansion, extension, or substantial improvement of non-conforming uses and structures unless these structures or uses come into compliance with the LORs. Substantial improvement is defined as any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the pre-destruction or pre-improvement market value of the structure. Improvements to historic structures and improvements to meet health, sanitary, or safety code specifications are not considered substantial improvements. In general, the Comprehensive Plan and LORs characterize non-conforming uses lIS any use or improvement that is non-compliant with the pelDlitted uses of the zoning district in which the property is situated or the zoning districts density and intensity (Floor Area Ration) standards. Non-conforming struetures are generally those that are non-comp1aint with bulk, shoreline and wetlands set backs, and flood plain management standards. The LDRs provide some latitude in bringing existing development into compliance with other development standards such as parking, setbacks, landscaping, bufferyards, and outdoor lighting regulations. If a substantial improvement is made to a structure or if a change in use occurs, then depending upon the size and configuration of the property involved, these standards must only be met to the maximum extent pBctical.2 Major Exceptions to Rules Governing Non-Conformities The Comprehensive Plan and LDRs provide various administrative and regulatory exemptions from their development standards. These exemptions include: variances and waivers; beneficial use and vesting; and specific policies of the Comprehensive Plan and the companion regulations in the LORs. 'Non-conforming signs are regulated under a sepalllle set of rules in the LDRs. C:\DOCUMENTlBOCC\buildbackoptioos.doc Page 3 ofB J.U/.UJ U~ U;:II;,,;:II rJ1.4. olIl1J"""U~"'Uol"'l unv"...u .........Jll.. """'" ~ - Variances and Waivers If specific hardship conditions are met, the Planning Commission may grant variances to provide relief from various provisions of the LORs including setbacks, floor area ratio, parking and loading, bufferyards, access, and open space (non-environmental).) The Planning Director has limited authority to grant waivers from setback regulations in certain situations such as conditional uses or within commercial fishing districts. Vesting and Beneficial Use The Comprehensive Plan and LORs provide protection from cbanging regulations for development projects that have already received official development approval (vesting) or through utilization of development agreements which freeze the regulations in place which apply to these generally multi-year projects. Although they have never been applied in a build-back situation. beueficial use provisions of the Comprehensive Plan and LORs allow all provisions of the Comprehensive Plan and LDRs to be waived or varied to allow some reasonable economic use ofthe property. Comprehensive PIan Policies The Comprehensive Plan and supporting provisions in the LORs provide exemptions or deviations from regulations for certain non-confonning uses or structures for residential density, commercial fishing land use categories, certain non-residential uses, and setbacks for single family dwellings. Density Exemption. The Comprehensive Plan and LDRs contain several policies and regulations that provide significant exemptions from the strict rules governing non-conformities. The one with which the Board may be most farni1iar is Policy 101.4.23 (implemented by Section 9.5-268 of the LDRs) that allows a legally-established residential dwelling unit in existence and used as a principal residence on the effective date of the Comprehensive Plan to be replaced no matter what the density is allowed on the property. For all intent and purposes, this policy and regulation has been interpreted by the Planning Department to "grandfather" these properties as to density, essentially rendering these properties as conforming, therefore allowing expansion, enlargement, and substantial improvements to be made to these properties. This exemption has been extended by an official Planning Department interpretation to protect single family, duplex or attached residential units within Improved Subdivision or Suburban Commercial Districts where they would he considered a non-confonning use rather than solely non-conforming use as to density. However, these non-conforming properties are presently limited to no expansions or additions, but may be totally replaced in the footprint of the existing structure. ) The Growtb Management Division staff is of lbe opinion Ibat allowing variance. from floor area ratio requirements i. not good planning practice and is really a "use variance" in disguise; us. van"""". are nol legal under Florida Statute.. C:\DOCUMEN"I\BOCC\buildbackoplions.dce Page 4 of8 .Lur.>1./U.L u:t~~:1 rllA o,JU<J40;'/LO<J"t Ut\.V"1..1.I ltIUIIl1. ""-- As specifically defined by Planning Department policy, a principal dwelling unit must be used for a permanent residence. A homestead exemption is generally prima facie evidence of a principal dwelling. Motels, hotels, and short-term rentals (tenancies of less than 28 days duration) are not considered principal dwellings, therefore, these properties are required to follow all the roles governing non-conformities. Build-Back in Mixed Use/Commercial Fishing Category. Policy 101.8.6 of the Comprehensive Plan and Section 9.5-143 (t)(3) allow any non-conforming use existing as of September 16, 1986, and located within a Mixed Use/Commercial Fishing future land use category (Commercial Fishing Area, Commercial Fishing Village, or Commercial Fishing Special District) to be rebuilt, if damaged or destroyed, to the pre-existing use, building footprint and configuration without an increase in density or intensity of use. BuRd-Back for Non-conforming Non-residential Uses. Comprehensive Plan Policies 101.4.1, through 101.4.4 provide some limited build-back protection to some lawfully established non- conforming non-residential uses existing in residential districts on the effective date of the Comprehensive Plan. These non-conforming uses are allowed to develop, redevelop, reestablish and/or substantially improve provided that the uses are limited in intensity, floor area, density, and to the type of use that existed on January 4, 1996 or limited to what pre-20 I 0 Comprehensive Plan LDRs allowed. These provisions do not protect development that is non-compliant with the density standards of the 1986 LDRs (pre-2010 Comprehensive Plan LDRs). Residential Setbaeks in BuRd-Back. Policy 101.8.10 of the Comprehensive Plan allows non- conforming single family homes (which is interpreted to include manufactured housing) to be rebuilt within their footprint despite setback provisions of the LDRs, if situations where strict compliance would result in a reduction in lot coverage compared to the pre-destruction footprint of the house. However, the maximum shoreline must be maintained and in no cases can the shoreline setback be less than 10 feet from mean high water (usual requirement is 20 feet from altered shorelines and 50 feet from unaltered shorelines). Application of Policies and Regulations Affecting Non-conformities As discussed previously where residential uses are "grandfathered" as to density, they are able to be expanded, enlarged, and have substantial improvements made to them as long as these improvements meet all other requirements of the Comprehensive Plan and LDRs. Therefore, most residences with permanent tenants or which are not held out for transient residential uses fall under this protected categmy. Where mobile homes, used as a principal residence, are not permitted as an allowable use within a district, such as Improved Subdivision, it may not be expanded, extended, or substantially improved and can only be replaced with a conventional or modular house. , Over-density non-conforming residential structures containing two or more units, particularly those in condominium ownership, generally create a real dilemma for the staff, since these structures may conta41 both principal residences along with transient residences. Therefore, these structures C:\DOCUMEN'NlOCC\buildbackoptiODS.doc Page 5 of8 .LV/oJi/V.L UJ.~J J.'nA ...V.....UJ..u.... ,-,n...."...u .............. ~_. are generally not allowed to make substantial improvements, expansions, or enlargement. If rebuilt after destruction, these projects would only be able rebuild to the maximum density of the zoning district in which it is located or the maximum number of units containing principal residences, whichever is greater. The last category is non-compliant commercial development and transient residences (vacation rentals, hotels, motels) and non-residential floor space, which are not given much protection from the strict provisions governing non-conformities. Therefore, if these properties are over density or intensity they are not permitted to make substantial improvements, enlargements, or extensions without coming into compliance with the LDRs. Evaluation of Policy Issues For the pmposes of this paper, the Growth Management Division has distilled the many issues related to governing non-conformities into three specific areas: non-conforming as to use; non- conforming as to density; and, non-conforming as to other development standards. Non-conforming as to Permitted Use. The provisions of the Comprehensive Plan and LDRs to eventually eliminate uses no longer pennitted within a zoning district are fully supported by sound land use planning practices. It would be inconsistent with these practices to promote the retention of land uses deemed incompatible by the Comprehensive Plan. Some limited protection has already been given to some non-residential development within residential land use categories made non-compliant by the Comprehensive Plan. These provisions will require implementation through amendments to the LDRs or changes in the County's zoning districts. As stated previously, the Planning Director has opined that residential uses considered a non- conforming use because they are not specifically permitted within a zoning district should be given specific protection from the strict provisions governing non-conformities. The only exception would be mobile homes, since they should stilI be required to come into compliance by replacement with a modular or conventional home. Therefore, the staff recommentk that existing provisions to limit and eventually eliminate non- conforming uses should be continued, but specific amendments be made to the Comprehensive Plan and LDRs to expressly protect residential uses from application of the strict non-conforming policies and regulations. Non-conforming as to Densily. As discussed previously in this paper, a significant portion of existing over-density transient residential units, including vacation rentals, can not be rebuilt or substantially improved. This ensures that RV and trailer parks and hotels call not modernize their filcilities. It would be difficult to modernize and upgrade facilities without making substantial improvements, occupying more land, expanding facilities, or converting existing uses to more marketable ones. Although the LDRs do provide a mechanism (off-site transfer of units) to bring such properties into conformance, few property owners have availed themselves of this mechanism. C:\DOCUMENI\BOCClbuildbaekoptions.doo Page 6 of8 IV/,)l/Ul U:;ll~":;lI r11..A "UV..U;;I..UV... .....n...."...... ...........~ - . In the event of a major storm event, the County could be faced with a significant number of units that can not be legally rebuilt unless they are proved to be principal residences. Notwithstanding the administrative difficulties in even making such detenninations on a large scale, the reality is that it will be exceedingly difficult for the County and its governing body to tell large groups of property owners that they can not rebuild their residences or transient residential properties. A complicating issue are the policies of the Comprehensive Plan, which are intended to reduce risks to property and life within coastal high hazard areas. However, one must face the reality almost the entire County is located within a coastal high hazard area. so the issues of property rights for existing development makes full application of such policies to existing development unrealistic. Therefore. the staff recommends that the practical course of action would be to amend the Comprehensive Plan and LDRs to extend the density protection of Policy 101.4.23 for all lawfUlly established residential and transient residential uses. The staff would be remiss, if it failed to point out a problem which will become more acute as redevelopment pressmes increase in the Keys. The existing provisions to protect density of principal residences, also provides significant incentives for the market and property owners to redevelop and convert the County's affordable housing, particularly traditional trailer parks, to market rate housing. These rules allow such redevelopment to occur at densities higber than allowed under the current LORs effectively displacing lower income families. The staff recommends that fUrther investigation be done to determine what appropriate, if any, policies and regulations can be put in place to address this increasingly significant issue. Another issue related to the protection of density issue is the problem within R V or SC districts where RVs have been legally permitted (pre-1989) to become permanent structures, These non- road ready trailers are generally considered non-conforming uses, similar to bow the Planning Department has treated duplexes in Improved Subdivisions. The real issue is how these legally established structures should be handled in a build-back situation, since only RV spaces and botel units are allowable uses. The staff recommends this issue be fUrther investigated. including obtaining mnre specific data on the extent of the problem. Non-conforming as to Other Development Standards. The problems with compliance of existing development with other current development standards simply can not be quickly addressed. As indicated previously, the LORs provide a broad framework for bringing properties into compliance including the opportunity to obtain relief through variances or atlminiotrative waivers. The staff is currently working on comprehensive revisions to the LDRs to allow more flexibility. In addition, the Livable CommuniKeys Program will address redevelopment issues and standards for specific areas of the Keys, so it would be premature to make substantial changes on how non- conformities are addressed until the appropriate studies and investigations can be concluded. C:IDOCUMEN1\BOCClbuildbackoptions.doc Page 7 ofB 1U/31/U1 u~:"'~ l'i\A .)Uai::IH'''Oa'l ...u,vn1ll JllU1lli _u '. Therefore. the staff recommends that short-term relief will be provided by the comprehensive revision of the LDRs, but more substantive changes will be forthcoming in the longer term as products of the Livable CommuniKeys Program. Recommendations Based on its evaluation of the major policy issues related to non-confonnities, the Growth Management Division offers the following recommendations to the Board of County Commissioners: . Direct staff to prepare appropriate amendments to Comprehensive Plan Policy 101.4.23 and Section 9.5-268 of the LDRs to extend the rebuild provisions to all lawfUlly established residential and transient residential uses, including providing clear policy protection for residential dwellings that are considered non- cotiforming as to use, from the non-conformities provisions of the LDRs. . Direct staff to further investigate the issues related to the conversion of affordable housing, particularly mobile home/trailer parks. to determine what appropriate regulatory other non-regulatory changes, if any, should or can be done to mitigate this problem. . Direct staff to fUrther investigate the non-conformity issues related to the legal conversion of RVs to permanent structures to determine extent of problem and identify appropriate options to address the problem. . Direct staff to continue its efforts to prepare comprehensive revisions to the LDRs to provide more flexibility in the application of development standards and to prepare specific policy and regulatory changes addressing redevelopment standards recommended by the Livable CommuniKeys Program. C:\DOCUMEN'N3OCClbuildbackoptiolLO.doc Page 8 ofS MEMORANDUM MARCH 22, 2002 Memorandum 10: Monroe County Planning Commission FROM: Robert Will, Planner DATE: March 22, 2002 RE: Revision of the Proposed Comprehensive Plan Amendment to Protect the Density of LawfuUy Established Residential Dwelling Units REVISED STAFF REPORT I. Background Currently, Policy 101.4.23 of the Year 2010 Comprehensive Plan allows residential units that are non- conforming as to density to be rebuilt only if they are lawfully established principal residences. Lawfully established principal dwelling units must have been in existence on January 4, 1996 to be eligible to receive a dwelling unit allocation (regardless of density requirements) in the event that the unit is demolished or destroyed by catastrophe. Policy 101.4.23 states: "Notwithstmrding the density limitations set forth in Policy 101.4.22, land upon which a legally-established residential dweUing unit is in existence and used as a principal residence on the effective date of this plan shall continue to be entitled to a density of one dweUing unit per each such unit in existence on the effective date of this plan. " At the request of the board of County Commissioners, Growth Management staff was directed to revise Policy 101.4.23 to include seasonal, vacation rental, and transient rental units rather than limit grandfathering to only principal residences. ! / At the ~ber 12, 2001 regular meeting of the Planning Commission concerns were raised that ...... ,./ ~ ,.._'\ \ allowing!all types \of transient housing units to be granted density exemption could have severe . . unintended conSequences. For example, Recreational vehicle spaces and campground sites would be granted a density of one dwelling unit and could be redeveloped into housing, hotel or motel rooms. TIlls potential redevelopment would have an unknown effect on the results of the hurricane evacuation model, level of seIVice on US 1, and the carrying capacity study due to an increase in the intensity of use of various transient residential units. '!:he Planning Commission suggested that Policy 101.4.23 be amended to be more narrow in scope to achieve the desired results of protecting the density of residential homes and vacation rental umts. Page 2 of 4 W:IPlanninglWorking FolderslwiU-robertlText AmendmentsIProtection Summary.doc . At the December 27th, 2001 regular Planning Commission meeting the proposed text amendment was tabled indefinitely pending the result of an on going administrative hearing regarding density build- back rights. The hearing was an appeal of a Planning Commission decision to deny build-back rights to property owners Thomas and Dagmar Lesick for a non-conforming as to density vacation rental unit on Money Key. The Lesick's won their appeal, the administrative juc,ige reversed the Planning , Commission's decision. At the March 13th 2002 regular meeting a concern was raised regarding the January 4, 1996 date before which residences must be lawfully established. If the intent is to protect all lawfully established residential units, then those built after January 4, 1996 should be protected as to density as well. n. Proposed Text The Planning Staffhas prepared an alternative to the amendment that was proposed at the March 13, 2002 regular meeting. The alternative is listed below followed by an explanation of the rationale behind the proposal. Additionally, the amendment proposed on March 13, 2002 and the original amendment are listed for the sake of comparison. Underlined text is new language and stHkedlFeHgh text indicates language to be deleted. Alternative Text (revised as of March 27, 2002): Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101 .4.~ 2 I, land upon which a legally-established residential dwelling unit is in el{isteaee aaEl BSea as a pRlleipal resiaellee all the effeeti...e Elate af this plaa exists shall eafttiftlle te be entitled to a density of one dwelling unit per each such unit in 6ldsteaee all the effeetive aate af the PhlR. Such lel!allv-established dwellinl! units shall not be considered as non-conforminl! as to i the density provisions of Policv 101.4.2 I and the Monroe County Code. ./ Rationale: This text corrects the typographical error in the first line of the policy and all residential units in the protected category. This amendment deletes the requirement of a dwelling unit to be a principle residence and allows all lawfully established units in existence to receive the density exemption. The purpose of this alternative is to protect the density of all legally established residential dwelling units in existence on off-shore islands and elsewhere. Text proposed oil March 13, 2002: Policy 101.4.23 Notwithstanding the density limitations set forth in Policy IOl.4.~ 21, land upon which a legally-established residential dwelling unit is ill 6l[isteaee ana Iisea as a pHlleipal resiEleaee all the effeetive aate af this plan exists shall eafttialie ta be entitled to a density of one dwelling unit per each such unit in existence on the effeetive aate ef the Plaa Page 3 of 4 W:IPlanning\Working Folders\will-robert\Text AmendmentsIProtection Summary.doc , January 4. 1996. Such lel!allv-established dwellinl! units shall not be considered as non- conforminl! as to the density orovisions ofPolicv 101.4.21 and the Monroe County Code. Text proposed originally on December 12, 1001: ; Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon which a legally-established residential dwelling or transient residential unit is in existesse lIfta asea as a pAssipal resiaenee ss the etl"eeti-le Elate sf this plllH exists shall esalislle to be entitled to a density of one dwelliBg wtit residential dwelling or transient residential unit per each such unit in existence on the effeetive Elate efthe PIlIft Januarv 4. 1996. Such lel!allv-established residential dwellinl! or transient residential unit shall not be considered as non-conforminl! as to the density orovisions of Policv 101.4.21 and the Monroe County Code. Rationale: The proposed amendment corrects a typographical error in the Comprehensive Plan citing *- incorrect policy (policy 101.4.22 instead of Policy 101.4.21 which describes density limitations for the ' II FLUM districts) and grandfathers the density of all lawfully established residential dwelling units I (principal, seasonal, or vacation rental) and transient residential units (hotels, motels, R V and trailer spaces, and campgrounds). The amendment eliminates the requirement for a dwelling unit to be a principal residence and specifies January 4, 1996 as the date on which units must have been in existence in order to be granted a density allocation of one unit. Additionally, the amendment clarifies that units in existence on or befoq: January 4, 1996 shall not be considered non-confonnmg under the density provisions in Policy 101.4.21 and in the Monroe County Code. At the November 1,2001 regular meeting, the Development Review Committee recommended approval of this proposed text amendment to the Planning Commission. Page 4 of4 W:IPlanning\Working Folders\will-robert\Text AmendmentsIProtection Summary.doc MEMORANDUM FEBRUARY 25, 2003 ,. MEMORANDUM TO: Monroe County Planning Commission FROM: Fred Gross, Director, Lower Keys Island Planning Team DATE: February 25, 2003 RE: AMENDMENT TO SEC. 9.5-268. [EXISTING RESIDENTIAL DWELLINGS] I. BACKGROUND ---- -- 1 The Monroe County Board of County Commissioners recently approved an ordinance amending Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan. The intention was to "grandfather" residential structures legally established before January 4, 1996 and permit impro~ents to. thos~s.truclure.s. The planning commission has approved the Comprehensive Plan amendment as outlined above. It now remains that the LDR's be amended accordingly. The proposed amendment to Sec 9.5-268 of the Monroe County Land Development Regulations enables the implementation of Comp Plan il olicy 101.4.23. The proposed amendment was reviewed and approved by the Development Review Committee at its regularly scheduled meeting of February 10, 2003. II. ANALYSIS & FINDINGS OF FACT 1. Staff finds that there is a need to amend Sec. 9.5-268 [Existing ReSidential Dwellings]. ,~2. Staff finds that the proposed change is consistent with Section 9.5- 51l(d)(5) b. (iv) New Issues and (v) Recognition of a I"]eed for additional detail or comprehensiveness. Page 1 of2 F:IPlanninglWorking FoldersIGross-fredI9.5-268 DensitylPC staff report.doc .1..... , III. PROPOSED TEXT Sec. 9.5-268. Existing residential dwellings. --------- t~@w;=fdi~:;~:::;;:J:i~M~;l~!t~~~lw~;~i;~~~~~{~fj'i ri!\!~.~jte:;jn0m~ used aG 0 principal re::;idence prior to thc effectivc date of the plan wa::; IJ'Nful on the eff-cctive dote of this ehuJ3ter exists prior to ~ the cffective elate of the ploR 'lias lawfl:Jl on the effective date of this '.J J i~~~~G~~~~~!:. / """~O;,""".~";'-"",':;:..''''''' .'.: established dwellina unit shall not be considered as a non-conforming \ use. r ,. COrd. No. 33-1986, 9 9-308) ) I * Underlined text is new * Strikethrough text is deleted I IV. RECOMMENDATIONS Based on the Findings of Fact above, the Development Review Committee of Monroe County, Florida recommends APPROVAL of the proposed amendment to Section 9.5-268 of the Monroe County Code. Page 2 of 2 F:IPlanninglWorking FoldersIGross-EredI9.5-268 DensitylPC staff report.doc MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D4-03 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING SEC. 9.5-268 [EXISTING RESIDENTIAL DWELLINGS]. WHEREAS, the Monroe County Board of County Commissioners recently approved an ordinance amending Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the intention was to "grandfather" residential structures legally established before January 4, 1996 and permit improvements to those structures; and WHEREAS, the planning commission has approved the Comprehensive Plan amendment as outlined above. It now remains that the LDR's be amended accordingly; and WHEREAS, the proposed amendment to See 9.5-268 of the Monroe County Land Development Regulations enables the implementation of Policy 101.4.23 of the Comprehensive Plan; and WHEREAS, staff finds that there is a need to amend Sec. 9.5- 268 [Existing Residential Dwellings]; and WHEREAS, staff finds that the proposed change is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, the proposed amendment was reviewed and approved at the Development Review Committee meeting of February 10, 2003; Page 1 of 3 F:IPlanninglWorking FoldersIGross-FredI9.5-~6B DensltylDRC Reso.doc Initial (~ NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the of the following proposed text amendment to the Monroe County Land Development Regulations as requested by the Monroe County Planning Department. PROPOSED TEXT Sec. 9.5-268. Existing residential dwellings. Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of land upon which a lawfullv established dwelling unit or a mobile home used as Cl princip:ll residence prior to the eff-ccti'le d:lte of the plan "':IS lawful on the effective dClte of this ch:lpter exists prior to the eff-ccti'.'c 8:1te of the pl:ln was lawful on the effecti'v'e date of this chClpter shall be entitled to one (1) dwelling unit for each such unit in existence on the effective date of this chClpter. Such leaallv- established dwellina unit shall not be considered as a non-conformina use. (Ord. No. 33-1986, S 9-308) I * Underlined text is new * Strikethrough text is deleted I [THIS PAGE IS INTENTIONALLY LEFT BLANK] - Page 2 of 3 <<16 PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 10th day of February, 2003. Fred Gross, Director, Lower Keys Planning Team (Chair) YES Ralph Gouldy, Environmental Resources Senior Administrator YES Maureen Meehan, Planner YES Department of Health (by fax) YES Department of Public Works (by fax) YES Department of Engineering (by fax) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By 6,~ Fred Gross, DCR Chair Signed this 25th day of February, 2003 - Page 3 of 3 MEMORANDUM APRIL 1, 2003 04/08/2003 10:38 305-28~-2536 PLANNING DEPT PAGE 02103 " \ MI!MORANDUM TO: Monroe County Planning Commission FROM: Fred Gross, Director, Lower Keys Island Planning Team DATE: April 1, 2003 RE: AMENDMENT TO SEC. '.5-268. [EXISTING RESIDENTIAL DWELLINGS] I. BACKGROUND The Monroe County Board of County Commissioners recently approved an ordinance amending Policy 101.4,23 of the Monroe County Year 2010 Comprehensive Plan. The Intention was to "grandfather" residential structures legally established before January 4, 1996 and permit improvements to those structures. The planning commission has approved the Comprehensive Plan amendment as outlined above. It now remains that the LOR's be amended accordingly. The proposed amendment to see 9.5-268 of the Monroe County Land Development Regulations enables the ImpJementation of Comp Plan Policy 101.4.23. The Proposed amendment was reviewed and approved by the Development Review Committee at Its regularly scheduled meeting of February 10, 2003. The Planning Commission at It's March 26, 2003 meeting In Key Largo VOiced concern about the use of the term "dwelling unit" and wanted to be Sure that tranSient units did not receive the same protection. The definition of dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities (See 9.5-4 (0-31)). A transient residential unit means (I dwelffng unIt used for transIent hOusIng such as a hotel or motel room or space for parking a recreational vehIcle (Sec. 9.5-4 (T-4). It Is only In ROGO that the two pege 1 of2 W:lPtenninglWDrking FolderslGross-Fred\9.5-268 DensitylPC slaff report,doc v,,__,____ ._0__ --- --- ......-- ,_.-.,u._,._ ___, . . r,,",,_ --. -- '. t'. are brought together under residential dwelling unit, a dwelling unIt as defined in section 9.5-4 Of the Monroe County Code and expressly Includes the followIng terms also defined in sectIon 9.5-4: hotel rooms, campground spaces, mobile homes, transient residential units, Institutional residential unIts and live-aboards (Sec. 9.5-120). Staff concurs with the Planning Commission that to reduce problems with future interpretations transient units should be expreSSly excluded. II. ANAL VSIS 81 FINDINGS OF FACT 1. Staff finds that there Is a need to amend Sec. 9.5-268 [Existing Residential Dwellings]. 2. Staff finds that the proposed change Is consistent with Section 9.5- 511(d)(S) b. (Iv) New Issues and (v) Recognition of a ~eed for additional detail or comprehensiveness. ~, III. PROPOSED TEXT Sec. 9.S-268. Existing residential dwellings. Notwithstanding the provisions Of sectlo 9.5 262 and 9.5-263, the owners of land upon which a w e " dwelling unit or a mobile home, but not Including transient, nl~ l:lseEl as a f3,IAelf381 resiEleAee _Fief te ti'le effeetlve Elate af the plaR was lawftll aA the effeetive Elate at this ehaf3ter exists f3rlar t:e the effeetl'/e date af tile IllaA 'Nas lawftll aR ti'le effeetlve sate af ti'lls ehaf3ter shall be entitled to one (1) dwelling unit for.each such unit In existence SA ti'le effee~ve Elate af this ei'laptef. Such lawful/v established dwellinq unit shall not be considered as a non-conformina use. (Ord. No. 33-1986, ~ 9-308) I * llns;Ii[IiI)!"Q _text is new * Stril(etRrel:l!h ~elft Is deletes I IV. RECOMMENDATIONS Based On the Findings of Fact above, the Development Review Committee of Monroe County, Florida recommends APPROVAL of the proposed amendment to Section 9.5-268 of the Monroe County Code. Page 2 of 2 W;lPtlnnlnglWOrking FoldersIGr08s-Fredlg.S.268 Den8ilylPC sl8ff report.doc MEMORANDUM AUGUST 30, 2007 ~;--;-,,, f,~~:_ ::::::>~':ij~"h\ :'-:-'c,:~>,:,* MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We st,il1t! 10 be caring, professional andfair To: PlannIng Commission From: Clarence Feagin, Ph.D., AICP, Sr. Planner <:.Y Through: Townsley Schwab, Acting Senior Director, Dept. of Planning & Environmental-i"? Resources Date: August 30. 2007 Subject: PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS MEETING DATE: September 26, 2007 I I. PROPOSED AMENDMENT: 2 3 Proposed text changes are presented in stTiI,elfifejjgB to indicate deletions and underline 4 to indicate additions. 5 6 The proposed amendment is to Section. 9.5-268. Existing residential dwellings: 7 "Notwithstanding the provisions of Sections 9.5-267, 9.5-262 and 9.5-263, the 8 owners of land upon which a lawfully established dwelling unit or a mobile home, hat Ret 9 including transient residential units exists shall be entitled to one (I) dwelling unit for 10 each such lillit in existence. Such legally-established dwelling unit shall not be II considered as a non-conforming use." 12 13 A. Previous Connty Action: 14 15 i. Development Review Committee 16 17 On August 21, 2007 the Development Review Committee reviewed the proposed text 18 amendment and passed a resolution to the Planning Commission recommending approval 19 of the proposed text amendment (DRC Resolntion DI9-07). 20 21 ii. Planning Commission 22 23 None. 24 WolGROWTH MANAGEMENT\LDRlAmendmentsITextITRANStENT UNIT GRANDFATHERINGIPClSTAFF REPORT PC TRANSIENT liNITGRADFATHER 08.30.07.doc Page I of5 Reviewed bya 1 iii. Board of County Commissioners 2 3 None. 4 5 B. Petitioner: 6 7 The text amendment is proposed by the Department of Planning and Environmental 8 Resources. 9 10 C. Characteristics of the proposed text amendment II 1. The proposed text amendment allows transient residential units rendered 12 nonconforming as to density when the Comprehensive Plan was adopted on January 4, 13 1996 to be considered conforming, in order to allow for substantial improvements, 14 redevelopment and replacement of hotel and motel rooms legally established before IS January 4, 1996. 16 17 2. The proposed amendment includes transient residential units among the other 18 types of residential. units (dwelling units and mobile homes, for instance) that are given 19 an entitlement to a density of one unit for each such unit that was legally established 20 before January 4, 1996, in order to allow for substantial improvements, redevelopment 21 and replacement. 22 23 II. ANALYSIS 24 25 A. Consistency with the Land Development Regulations 26 27 County requirements for amendments to the land development regulations: 28 Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Board of County 29 Commissioners may consider the adoption of an ordinance enacting proposed changes to 30 the text or maps based on one (1) or more of the following factors, for which the 31 following justification is provided: 32 33 (i) Changed projections (e.g., regarding public service needs) from those on 34 which the text or boundary was based; 35 36 None. 37 38 (ii) Changed assumptions (e.g., regarding demographic trends); 39 40 None. 41 42 (iii) Data errors, including errors in mapping, vegetative types and natural 43 features described in V olwne I of the plan; 44 45 None. 46 W:\(JROWTH MANAGEMENT\LDR\Amendments\Text\TRANSlENT l3NIT GRANDF A THERlNG\PC\ST AFF REPORT PC TRANSIENT UNIT GRADF ATHER 08.30.07,doc Page 2 of5 Reviewed bY~_ 1 (iv) New issues; 2 3 None. 4 5 (v) Rer:ognition of a need for additional detail or comprehensiveness; or 6 7 The existing wording in Section. 9.5-268. Existing residential dwellings of 8 the LDRs is not consiste!!!. with Comprehensive Po/icy 101.4.23. Policy 9 ItH.4.23 is the Comprehensive Plan policy that grandfathers legally- 10 established, over-density dwelling units to be entitled to replacement with II one dwelling unit per each such unit that existed before the Year 2010 12 Comprehensive Plan was adopted in 1996. Moreover, Policy 101.4.23 13 does not specifically exclude transient residential units from being entitled 14 to a one-for-one replacement for over-dense units, as Section 9.5-268 15 ""'. Thi. =_ "'.., '"'" of"" '''''' dm'__ "'''''",ore w;U * 16 provide for consistency with the Comprehensive Plan, in order to include 17 transient residential units so that they will not be considered to be non- i 18 conforming as to the density provisions of Policy 101.4.21 and the 19 Monroe County Code. As a result, since Policy 101.4.21 allocates density. 20 to hotel and motel roOms, the amendment to entitle a density of one 21 d~g umt per each slIch tranSJ.em reslctentJal unit that was-Ieg3Y!Y 22 estilbltshed before January 4, 1996 furthers the implementation of Policy 23 1 <rIA.2.; by servmg its purpose and intent of allowing transient reSidential 24 U!!lt~ made non-contormmg by the Plan to redevelop and make substantial 25 improvements. t~'\ l.s LI4+D/KJ q /ql c.. 26 27 In addition, since the adoption of the building permit allocation system 28 (BP AS) in 1992, no new transient residential units have been allocated or 29 built in the Keys. As a result, the seasonal population has not significantly 30 increased above levels that originally existed in 1992. Nevertheless, the 31 seasonal population contributes significantly to the County's economic 32 base today as it did when our comprehensive plan was adopted. The data 33 and analysis in the County's Technical Document did not anticipate a 34 demand for additional land for new transient residential uses since there 35 was a prohibition on allocating new hotel rooms, campgrounds, or 36 recreational vehicle spaces. Because no new transient units have been 37 built over the past fifteen (15) years, existing transient and seasonal 38 housing units are in need of redevelopment to retain the viability of this 39 important sector of the Key's economy. Needs assessments for 40 hotel/motel redevelopment can be provided in the form of market and 41 feasibility studies conducted by developers as required by financial 42 lending institutions, who are exposed to risk and accountability to 43 investors and stockholder as properties are redeveloped. Furthermore, this 44 amendment provides for land use regulations that will ultimately improve 45 physical conditions of transient resident units and maintain the economic 46 viability of the lodging industry derived from our seasonal population. W;\GRO\VTH MANAGEMEN1\LDR\Amendments\Tex.t\TRANSIENT UNIT GRANDFATHERlNG\POSTAFF REPORT PC TRANSIENT UNIT GRADF ATHER 08.30.01.doc Page 3 of5 Reviewed bY~ I 2 (vi) Data updates; 3 ;'!1 , , " }i 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 1010 COMPREHENSIVE PLAN: 10 -~-,-- ~- --------~ ~ -- II ( Policy 101.4.13 ,-: / , _ 12 ::'''~di''~d:'ry I",",,'~' '''~_ '0 Pol~ lOlW, IOM~) 13 upon which a legally-established residential dwelling unit is in existence . 14 and ~e{i..as Q liIr.iM4J ru.ide1ltUI iil4, Ihf effective date of this plan sha]l 15 cimtin~fI to be entit1e4 to Q, density of one 'awelling unit per each such unit . 16 eJiistence on the effective date of this plan. ~ 17 ------ 18 Obiective 101. 7 19 Monroe County shall evaluate potential redevelopment areas and pre pore redevelopment 20 plans for areas determined to be in need of redevelopment. [9J-5.006(3)(b)2} 21 22 Policy 101.7.1 23 By January 4. 1998. Monroe County shall conduct a needs assessment of 24 potential redevelopment areas. This assessment shall analyze land use 25 changes. property values. structural conditions. business climate, 26 renter/owner ratios. commercial and residential vacancy rates, and other 27 indicators of economic vitality and physical living conditions for which 28 information is available. 29 30 C. Consistency with the Principles for Guiding Development in the Florida Keys 31 Area of Critical State Concern. 32 33 The proposed text amendment is consistent with the Principles for Guiding 34 Development as a whole and is not inconsistent with any Principle. 35 Specifically, the amendment furthers: 36 Principle (a) To strengthen local government capabilities for managing land use 37 and development so that local government is able to achieve these objectives 38 without the continuation ofthe area of critical state concern designation. and 39 Principle (d) To ensure the maximum well-being of the Florida Keys and its 40 citizens through sound economic development, in that it provides for maintaining 41 existing transient residential units that contribute tax revenues for economic 42 development. W:\.GROWTH MANAGEMEN1\LDR\Amendments\TclC:I\TRANSIENT UNIT GRANDFA THERING\P(?\STAFF REPORT PC TRANSIENT UNIT GRADFATHER 08.30.07.doc Page 4 of 5 Reviewed bY~ I IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 2 3 l. The proposed map amendment meets one (I) of the factors in Section 9.5-511 of 4 the Monroe County Code that the BOCC may consider for amending the land use 5 regulations: 6 7 (v) Recognition of a need for additional detail or comprehensiveness. 8 9 2. The proposed text amendment is consistent with the following comprehensive 10 plan objectives and policies of the Future Land Use Element: II 12 I. Policy 101.4.23, 13 2. Objective 101.7, and 14 3. Policy 101.7.] 15 16 3. The proposed text amendment is consistent with the following Principles for Guiding 17 Development in the Florida Keys Area of Critical State Concern: 18 19 (a) and (d). 20 21 4. The proposed map amendment is in the interest of public welfare. 22 23 The text amendment will preserve and enhance the County's tax revenue stream 24 from hotels and motels, and food and entertainment establislunents 25 complimentary to the lodging industry. Redevelopment of transient units that add 26 value to real assets of the lodging industry will provide increased tax revenues 27 without having to increase property tax rates. These tax revenues are important 28 for eliminating deficiencies in the County's infrastructure, public facilities, 29 acquisition of environmentally sensitive lands and affordable housing. 30 31 V. STAFF RECOMMENDA nON: 32 33 Approval. W:\GRO\VTH MANAGEMENT\LDR\Amendments\Text\TRANS1ENT UNIT GRANDFATUERINGiPC\STAFF REPORT PC TRANSIE:-.lT UNIT GRADFA THER 08.30.07.doc Page 5 of5 Reviewed by:--(j DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. Dl9-07 A RESOLUTION BY THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TEXT OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 9.5-268 ENTITLED "EXISTING RESIDENTIAL DWELLINGS" TO CONSIDER TRANSIENT RESIDENTIAL UNITS LEGALLY ESTABLISHED BEFORE .JANUARY 4, 1996 CONFORMING AS TO DENSITY IN ORDER TO PERMIT REPLACEMENT, REDEVELOPMENT AND SUBSTANTIAL IMPROVEMENTS. WHEREAS: Monroe County has adopted the Year 2010 Comprehensive Plan (Plan) that contains land use policies; and WHEREAS: Policy 101.4.23 of the Plan states "Notwithstanding the density limitations set forth in Policy 10 1.4.21, land upon which a legally established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code."; and WHEREAS, Transient residential units rendered nonconforming as to density by Plan have prohibited owners of such units to redevelop or make substantial improvements to these structures, and as a result has caused the continual degradation of the quality and safety of these structures over time; and WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make substantial improvements to legally established transient residential units in the aftermath of a hurricane, owners of such units are reluctant to invest in the long-term maintenance of these structures, resulting in the continued degradation of neighborhoods and community character, and creating unsafe environments, and WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment of transient residential units and thereby preserve an existing tax base that has historically provided a significant amount of tax revenues used by the County to acquire environmentally sensitive lands and construct affordab Ie housing; and WHEREAS, Monroe County desires to encourage redevelopment of transient uses such as hotels and motels in order to attract tourism, enhance the economy of the County for the benefit of its residents, enhance the County's ability to support needed improvements in infrastructure, and encourage other redevelopment efforts for the economic growth, prosperity and welfare of the residents of Monroe County; and WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the benefits of protecting existing Irdllsient units in order to sustain economic growth and development of the lodging industry; and W:IGRQWTH MANAGEMENTlLDRlAmendmentslTextlTRANSIENT UNIT GRANDFATHERINGIDRC\Dl9-07 RESOLUTION DRC TRANSIENT UNIT GRANDFATHERING 08.30.07.doc Page 1 of3 Reviewed by 'T!? WHEREAS, providing such protection in the County's regulations that will allow owners of transient units to redevelop and make substantial improvements is a form of economic development that has the potential to increase tax revenues to the County without increasing tax rates by increasing the volume of the tax revenues from hotel rooms and other related tourist businesses such as retail shops, specialty and souvenir shops, restaurants, charter and dive boats, bait and tackle shops that will enhance the County's tourist industry and economy; and WHEREAS, this amendment is consistent with the following Principles for Guiding Development in the Florida Keys Area of Critical State Concern; (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation, and (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development; and WHEREAS: The BOCC may consider the adoption of an ordinance enacting a proposed text amendment based on at least one of the six (vi) factors listed in Section 9.5-511 (d) (5) (b) of the Monroe County Code, the BOCC finds the proposed amendment justified by factor (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, The BOCC finds that enactment of this Ordinance will protect the public health, safety and welfare of the residents of Monroe County, and further the purposes, goals, objectives and policies of the Monroe County's Year 2010 Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern; and WHEREAS: On August 21, 2007 the Development Review Committee reviewed the proposed text amendment and prepared a resolution recommending approval of the proposed text amendment, NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE: Sec. 9.5-268 of the Monroe County Code is hereby recommended to be amended as follows: Proposed text changes are presented in strikellffeltgR to indicate deletions and underline to indicate additions. Sec. 9.5-268. Existing residential dwellings. Notwithstanding the provisions of Sections 9.5-267, 9.5-262 and 9.5-263, the owners ofland upon which a lawfully established dwelling unit or a mobile home, bat Bat including transient residential units exists shall be entitled to one (I) dwelling unit for each such unit in existence. Such legally-established dwelling unit shall not be considered as a non-conforming use. W:\GROWTH MANAGEMENT\LDR\AmendmentsIT extl'fRA,"iSIENT UNIT GRANDF A THERINGIDRCID 19-07 RESOLUTION DRC TRA.'ISIENT UNIT GRANDFATHERING 08.30.07.doc Page 2 of3 Reviewed by --rt . Recommended by the Monroe County Development Review Committee on the 21 Sl day of August, A.D., 2007. Date: "/l/trn'9- tor, Department of Planning and nVlfonmental Resources W:\GROWTH MA1\IAGEMENT\LDR\Amendments\Text\TRANSIENT UNIT GRA.."lDF A TIfERING\DRC\D 19-07 RESOLUTION DRC TRANSIENT UNIT GRANDFATIfERlNG 08.30.07.doc Page 3 of3 Reviewed bY~_ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes - NoX 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 permitted land use in the RV District. 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 DI7-07). 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: None. CONTRACT/AGREEMENT CHANGES: None. ST AFF RECOMMENDATIONS: Approval. TOTAL COST: NA BUDGETED: Yes - NoX COST TO COUNTY: NA SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes - No No AMOUNT PER MONTH - Year - APPROVED BY: County Atty ~ 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.l); AMENDING SEe. 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 R V land use districts in unincorporated Monroe County containing a total of 658 R V 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, R V 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 R V land use district; and WHEREAS, The Development Review Committee convened on July 24th and August 6th, 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, W:\GROWTH MANAGEMENT\BOCC\GMD Agenda ltems\20071 I 14\Seasonal Units\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PCdoc Reviewer Page I of7 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: [Strikethroughs represent deletions of existing words or language in the text.] rUnderlined 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 (l) or more rooms, toilet facilities, and kitchen physically arranged to create a housekeeping establishment for occupancy by one (l) 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. R V spaces are intended for use by traveling recreational vehicles. R V 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 R V park for occupancies or tenancies of six (6) months or more is prohibited. Recreational vehicles may W:\GROWTH MANAGEMENT\80CC\GMD Agenda Items\20071 I 14\Seasonal Units\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC.doc Reviewer ----~ Page 2 of7 be stored, but not occupied, for periods of six (6) months or greater only in an approved R V 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; 1. Swimming pool; 11. Marina; and 111. Tennis court. (2) Attached or detached seasonal residential units, provided that: a. All units within the RV land use district shall be subiect 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 W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20071 I 14\Seasonal Units'ORDINANCE PC SEASONAL RESIDENTIAL UNITS 0927 07 with changes by rCdoc Reviewer --- Page 3 of7 established RV spaces to seasonal residential units, the County prefers to maintain a minimum of ten ( 1 0%) percent as R V spaces or as approved by the Board of County Commissioners; d. The development of seasonal residential units shall occur only in gated R V parks with a managing entity responsible for evacuation. e. The proposed site is subiect to an approved development agreement with Monroe County detailing at a minimum: 1. All proposed transitional recreational vehicle units; 11. A proposed site plan; 111. 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 proiect completion; VI. Access to US 1 is by way of: 1. an existing curb cut; 11. a signalized intersection; or 111. 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. ~ QlParks and community parks; fJj (1LReplacement 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;" f4t illAttached wireless communications facilities, as accessory uses, pursuant to arti cl e VII, division 16, section 9 .5-434.5( d) "Attached wireless communications facilities; " ~ 1QlStealth wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9 .5-434.5(e) "Stealth wireless communications facilities;" and f{ij ffiSatellite 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." W:\GROWTH MANAGEMENT,aOCC\GMD Agenda ltems\20071 I 14\Seasonal Units\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC.doc Reviewer Page 4 of7 (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: (I) 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 I 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 I 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 sea~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: 1. 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 11. The required trees shall be evenly distributed throughout the planting bed; and W:'GROWTH MANAGEMENT\BOCC\GMD Agenda Items'20071 I I4'Seasonal Units\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC.doc Reviewer Page 5 of7 Ill. 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. 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. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20071114\Seasonal Units\ORDlNANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC.doc Reviewer Page 6 of7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the _day of ,2007. Mayor Mario DiGennaro - Mayor Pro Tern Dixie M. Spehar - Commissioner Charles "Sonny" McCoy - Commissioner George Neugent - Commissioner Sylvia Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20071 I 14\Seasonal Units\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC.doc Reviewer Page 7 of7 r~ ." ~J'~ ..~. ~!~ ~vJ~ "r~-~ 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, Sf. 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 I 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 II 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 ~ W:,GROWTH MANAGEMENlIBOCC\.GMD Agenda Items'20071 I 14\Seasonal Units\STAFF REPORT BOCC SEASONAL TRANSIENT UNITS 09 1207 (2).doc 1 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 II. 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 mlmm urn 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 017-07). 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 WGROWTH MANAGEMENrSOCCGMD Agenda ftems'20071114:Seasonal UnitsST AFF REPORT BOCC SEASONAL TRANSIENT UNITS 09 1207 (2).doc Page 2 of 6 Reviewed by:__._________ 1 III. ANAL YSIS 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) Fom those on 12 which the text or boundmy l1'as 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) New issues; 26 27 None. 28 29 (v) Recognition of a needfor additional detail or comprehensiveness; or 30 31 Since the adoption of the building permit allocation system (BP AS) 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. WGROWrH MANAGEMENTBOCCGMD Agenda Items20071114\Seasonal Units STAFF REPORT BOCC SEASONAL TRANSIENT UNITS 091207 (2) doc Page 3 of 6 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 Obiective 101. 7 11 Monroe County shall evaluate potential redevelopment areas and prepare 12 redevelopment plans jor areas determined to be in need of redevelopment. [9J- 13 5.006(3)(b)2] 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 l'vhich 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 concem 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 W:GROWTH MANAGEMENTBOCCGMD Agenda Items'20071114Seasonal Units'STAFF REPORT BOCC SEASONAL TRANSIENT UNITS 091207 (2) doc Page 4 of 6 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 IS Principles for Guiding Development. 16 17 V. STAFF RECOMMENDATION: 18 Approval. W:GROWTH MANAGEMENTHOCCGMD Agenda ltems'2007I 114\Se'<lsonal Units STAFF REPORT BOCC SEASONAL TRANSIENT UNITS 09 1207 (2)doc Page 5 of 6 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 SEe. 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 mE RV DISTRICT. WHEREAS, There are a total of 11 R V land use districts in unincorporated Monroe County containing a total of658 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: W:\GROWTH MANAGEMENT\LDR\Amendments\T ext\SEASONAL RESIDENTIAL UNITS\ORC\017 -07 RESOLUTION ORe SEASONAL RESIDENTIAL UNITS 08.30 07. doc 017-07 Page 1 of 6 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 (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. R V 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 W:\GROWTH MANAGEMENT\LDR\AmendmentsITextISEASONAL RESIDENTIAL UNITSIDRC\D17-o7 RESOLUTION DRC SEASONAL RESIDENTIAL UNITS 08.30.07.doc 017-07 Page 2 of 6 units. No more than one (1) permanent residential unit per three (3) RV spaces up to ten (l0) 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; l. Swimming pool; n. Marina; and Ill. Tennis court. (2) Attached or detached seasonal residential units, provided that: a. The units meet all land development regulations, floodplain management regulations, buildin~ code, and life safetv 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 often (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 subiect to an approved development agreement with Monroe County detailing at a minimum: l. All proposed transitional recreational vehicle units; n. A proposed site plan; Ill. 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; lV. A statement of commitment for the park to adhere to transient evacuation regulations; W:\GROWTH MANAGEMENT\LDR\Amendments\T ext\SEASONAL RESIDENTIAL UNITS\ORC\D17 -()7 RESOLUTION ORe SEASONAL RESIDENTIAL UNITS 0830.07.doc D17-()7 Page 3 of 6 v. A phasing plan, as appropriate, detailing timelines for proiect completion; VI. Access to US I is bv way of: I. an existing curb cut; 11. a signalized intersection; or 111. a curb cut that is separated from any other curb cut on the same side of US 1 bvat least four hundred (400) feet. ~ illParks and community parks; t.B (1lReplacement 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;" (4f illAttached wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(d) "Attached wireless communications facilities;" fB f.QlStealth wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5( e) "Stealth wireless communications facilities;" and ~ ffiSatellite 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 I 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 W:\GROWTH MANAGEMENT\LDR\AmendmentsIT ext\SEASONAL RESIDENTIAL UNITS\DRC\D174:;7 RESOLUTION ORe SEASONAL RESIDENTIAL UNITS 08.30.07doc D17"()7 Page 4 01 6 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: 1. 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 ll. The required trees shall be evenly distributed throughout the planting bed; and Ill. 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. W:\GROWTH MANAGEMENT\LDR\Amendments\T ext\SEASONAL RESIDENTIAL UNITS\DRC\017'()7 RESOLUTION ORe SEASONAL RESIDENTIAL UNITS 08. 30.07. doc D17'()7 Page 5 of 6 Section 7. Approval by tbe 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 tbe Monroe County Development Review Committee on the 7th day of August, A.D., 2007. By: Date: ~/7D/~7- / , Acting Director, Department of Planning & Environmental Resources W:IPlanning\Woridng FolderslPetrick.NlcolelNicole & Debby's Working FilesIPe.ORc\Txt Am & Comp Plan\2007\27059 Seasonal Residential Rental Unfts\DRe and pe Resolutions\D17'()7 RESOLUTION ORe SEASONAL RESIDENTfAl UNITS 08.3O.07.doc D17'()7 Page 6 of 6 j/<"~C;7~1>":\, ff :f'"" \ I { . I i4<:~\~ \1 J . ,',' '\" ~~, <.J '~~1! 01 ':;<;.,:~u.., -:'~1 f~~ r ~- ~/ J V~,... ,'-"U"~"'-M l<.... .-.-'7", .~;.~;;~~~};? 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 APPROV AL OF SEASONAL UNITS WITHIN THE RV DISTRICT WHEREAS, There are a total of II RV land use districts in unincorporated Monroe County containing a total of 658 R V spaces and 197 acres; WHEREAS, Monroe County recognizes the need for additional flexibility within the R V 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 R V 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, C:\Documents and Settings\tezanos.mayra\Local Settings\Temporary Intcrnet Files\OLK I3B\P49-07 SEASONAL RESIDENTIAL UNITS final 1031 07.doc Rcviewer ---- Page I of6 NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY PLANNING COMMISSION THAT: Section 1. Section 9.5-4 is hereby amended as follows: (Strikethroughs represent deletions of existing words or language in the text.] [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 housekeeping establishment for occupancy by one ( I) 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: (I) Recreational vehicle spaces. R V spaces are intended for use by traveling recreational vehicles. R V 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 C:Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK 13B\P49-07 SEASONAL RESIDENTIAL UNITS tinal 1031 07.doc Reviewer _~_____ Page 2 of6 approved R V 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: (I) 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; 1. Swimming pool; 11. Marina; and 111. Tennis court. (2) Attached or detached seasonal residential units, provided that: a. All units within the R V land use district shall be subiect to the terms and conditions of a Development Agreement as defined in 9.5-10 1, 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 oflawfully established R V spaces to seasonal residential units, the County prefers to maintain a minimum of ten ( I 0%) percent as R V spaces or as approved by the Board of County Commissioners; P49-07 final Page 3 of6 d. The development of seasonal residential units shall occur only in gated R V parks with a managing entity responsible for evacuation. e. The proposed site is subiect to an approved development agreement with Monroe County detailing at a minimum: I. All proposed transitional recreational vehicle units; II. A proposed site plan; Ill. 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 proiect completion; VI. Access to US I is by way of: I. an existing curb cut; 11. a signalized intersection; or Ill. 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. R1 .QlParks and community parks; ~ (:!.LReplacement 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;" f4i illAttached wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(d) "Attached wireless communications facilities; " 0) iQiStealth wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9 .5-434.5( e) "Stealth wireless communications facilities;" and f(ij ffiSatellite 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 of6 b. Access to US I 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 I 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 Ill. 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 of6 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 (II), 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 26th 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 By James D. Cameron, Chair Signed this day of ,2007. P49-07 final Page 6 of6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes - No l Department: Planning & Environmental Resources Staff Contact Person: Julianne Thomas, Planner AGENDA ITEM WORDING: A public hearing to consider a request filed by Ocean Sunrise Associates for approval of a development agreement for property having Real Estate Numbers 00554420.000000, 00554670.000000, 00554700.000000,00554730.000000,00554740.000000, & 005549040.000300 located at approximate Mile Marker 97.5. ITEM BACKGROUND: Proposal: Ocean Sunrise Associates, LLC (OSA) is seeking a development agreement in order to receive conceptual approval for redevelopment of the above property into a resort area to consist of twenty-two (22) permanent market rate dwelling units, three (3) transient dwelling units, 3,782 SF of commercial floor area, twelve (12) boat slips and amenities such as a fitness center and swimming pools. The development agreement also proposes to give two (2) permanent market rate ROGO exemptions to Monroe County, as well as deeding 0.57 acres of land (RE 005549040.000300) to Monroe County for use as open space or non-structural recreational use. The applicant first started the redevelopment process in 2004, and is seeking to have the general parameters of the redevelopment memorialized before proceeding with the development. The applicant maintains that this redevelopment is not subject to the inclusionary housing provision. PREVIOUS RELEVANT BOCC ACTION: In November 2006, the Board of County Commissioners (BOCC) approved the request of the applicant to abandon 10,270 SF of First Street pursuant to Resolution 603-2006 and 6,556 SF of Second Street in pursuant to Resolution 604-2006. In February 2006, the BOCC approved the request of the applicant to change the land use designation of parcel RE 00554420.000000 from Sub Urban Commercial (SC) to Mixed Use (MU) and parcels RE 00554670.000000, 00554700.000000 & 00554730.000000 from Urban Residential Mobile Home (URM) to Urban Residential (DR) pursuant to Ordinance 03-2006. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: APPROVAL TOT AL COST: BUDGETED: Yes - No - COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year - APPROVED BY: County Att/)~l.1 OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included - Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY OCEAN SUNRISE ASSOCIA TES FOR A DEVELOPMENT AGREEMENT TO DONATE TWO (2) MARKET RA TE ROGO EXEMPTIONS TO MONROE COUNTY; DONATE 0.57 ACRES OF LAND TO MONROE COUNTY FOR USE AS OPEN SPACE OR A PASSIVE PARK; AND REDEVELOPMENT ON PROPERTY LEGALLY DESCRIBED AS AMENDED PLAT OF MANDALA Y KEY LARGO PB5-25 PART TRACK 5A, MANDALAY, PBI-194, KEY LARGO LOTS 1-8 & 30-33, PART SQUARE 3 INCLUDING BUT NOT LIMITED TO NE 30' OF THE SW 225' AND SW'L Y 125' X 250" & NW'LY 95' OF NE'LY 100' OF SW'LY 225'& ADJACENT BAY BOTTOM HA VING REAL ESTATE NUMBERS 00554420.000000, 00554670.000000, 00554700.000000, 00554730.000000,00554740.000000, & 005549040.000300 LOCATED IN MONROE COUNTY, FLORIDA. WHEREAS, during a regularly scheduled public meeting held on November 14, 2007, the Monroe County Board of County Commissioners (BOCC) conducted a review and consideration of a request filed by Ocean Sunrise Associates, for a development agreement pursuant to Sections 101 and 102 of the Monroe County Code; and WHEREAS, during a regularly scheduled meeting held on October 24, 2007, the Monroe County Planning Commission conducted a review and consideration of this same request; and WHEREAS, during a regularly scheduled meeting held on September 24, 2007, the Monroe County Development Review Committee conducted a review and consideration of this same request; and WHEREAS, the subject property is located at approximate mile marker 97.5 oceanside in Key Largo legally described as Amended Plat of Mandalay Key Largo PB5- 25 Part Track 5A, Mandalay, PB 1-194, Key Largo Lots 1-8 & 30-33, Part Square 3 including but not limited to NE 30' of the SW 225' and SW'L Y 125' x 250" & NW'L Y 95' ofNE'L Y 100' ofSW'LY 225'& Adjacent Bay Bottom; and WHEREAS, the BOCC passed Resolution 603-2006 to abandon 10,270 SF of First Street and Resolution 604-2006 to abandon 6,556 SF of Second Street; and WHEREAS, these Resolutions included and approved a maintenance agreement for Second A venue; and Mandalay Bay Development Agreement Page I of3 WHEREAS, the BOCC was presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. Application for a Development Agreement received by Monroe County on August 22,2007; and 2. Development Agreement received by Monroe County via email on October 4, 2007; and 3. Staff Report by Julianne Thomas, Planner amended as directed during the meeting and dated October 29,2007; and 4. The sworn testimony of Growth Management Division Staff; and 5. The sworn testimony of the Applicant; and 6. The sworn testimony ofthe public; and 7. Exhibits provided by the applicant; and 8. Comments by Timothy Thomes, attorney for the applicant; and 9. Comments by the County Attorney Office; and WHEREAS, Monroe County Code (MCC) S 9.5-266(b) provides inclusionary housing standards which are applicable to development or redevelopment of permanent residential units; and WHEREAS, the applicant relied on representation from staff that this development would not be subject to the inclusionary housing ordinance based on conversations with staff and acceptance and processing of a map amendment in September 2005 which would have been prohibited if the property was subject to inclusionary housing standards pursuant to Resolution 320-2005; and WHEREAS, the BOCC can grant relief from the inclusionary housing standards to any applicant pursuant to MCC S 9.5-266(b)(3)c; and WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: 1. Based on MCC S 9.5-101 the Development Agreement does meet the requirements to allow Monroe Count to enter into a Development Agreement. 2. Based on MCC 99.5-102(a), the BOCC does have the authority to enter into this Development Agreement. 3. Any transfer of transient ROGO exemptions or commercial floor area shall comply with the requirements of the MCC at the time of transfer. 4. Approval of this Development Agreement by the BOCC shall not constitute approval of a specific site plan. Approval of a site plan shall be determined upon submittal of an application for Major Conditional Use Permit approval which would include any variance applications required to be in compliance with land development regulations. Mandalay Bay Development Agreement Page 2 of3 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: The preceding Findings of Fact and Conclusions of Law are incorporated by reference in support of its decision to APPROVE the request by Ocean Sunrise Associates for a development agreement subject to the conditions in Section 2. SECTION 2. The recommendation for approval is subject to the following conditions: 1. Upon execution of the development agreement, two (2) market rate ROGO exemptions shall be transferred to Monroe County as directed by the Development Agreement. 2. Upon . execution of the development agreement, ownership of RE 00554940.000300 shall be transferred to Monroe County as directed by the Development Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 14th day of November, 2007. Mayor Mario Di Gennaro - Mayor Pro Tern, Dixie Spehar - Commissioner George Neugent - Commissioner Charles "Sonny" McCoy - Commissioner Sylvia J. Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) A TTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mandalay Bay Development Agreement Page 3 of3 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Julianne Thomas, Planner Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: October 29, 2007 Meeting Date: November 14, 2007 Subject: Reqllestjor a Development Agreementfor Ocean Sunrise Associates, LLe Key Largo, RE numbers 00554420.000000. 00554670.000000. 00554700.000000, 00554730.000000, 00554740.000000 & 00554940.000300 Approximate Mile Marker 97.5 I I REQUEST: 2 Proposal: Ocean Sunrise Associates, LLC (OSA) is seeking a development agreement in 3 order to receive conceptual approval for redevelopment of the above property into a resort 4 area to consist of twenty-two (22) permanent market rate dwelling units, three (3) transient 5 dwelling units, 3,782 SF of commercial floor area, twelve (12) boat slips and amenities such 6 as a fitness center and swimming pools. 7 The development agreement also proposes to give two (2) permanent market rate ROGO 8 exemptions to Monroe County, as well as deeding 0.57 acres of land to Monroe County for 9 use as open space or non-structural recreational use. 10 The applicant first started the redevelopment process in 2004, and is seeking to have the II general parameters of the redevelopment memorialized before proceeding with the 12 development. The applicant maintains that this redevelopment is not subject to the 13 inclusionary housing provision. 14 15 A. Location: 16 1. Island & Mile Marker: Key Largo, MM 97.5 17 2. Legal Description: Amended Plat of Mandalay Key Largo PB5-25 Part Track 18 5A, Mandalay, PB 1-194, Key Largo Lots 1-8 & 30-33, Part Square 3 including 19 but not limited to NE 30' of the SW 225' and SW'L Y 125' x 250" & NW'L Y 20 95' ofNE'L Y 100' ofSW'L Y 225'& Adjacent Bay Bottom 21 3. RE Number (s): 00554420.000000, 00554670.000000, ()O554700.000()OO, 22 0055473 0.000000, 00554740.000000, & 00554904 (). ()()03 ()O 23 B. Applicant: 24 I. Owner: Ocean Sunrise Associates, LLC 25 2. Agent: Donna Bosold tor the Craig Company Page I of 10 Reviewed by ___ C:Documcnts and Seltingstezanos-mayra\.Local SeltingsTempordfY Internet FiksOLK 13BHOCCRevised Development Agreement StafT Report.doc I II PROCESS: 2 Pursuant to 9 9.5-101 of the Monroe County Code (MCC), a development agreement is to 3 strenbrthen the public planning process, encourage private participation in comprehensive 4 planning and reduce the economic costs of development. A development agreement is in 5 addition to all other local development permits or approvals required by the MCC. Pursuant to 6 MCC 99.5-102, an application for a development agreement shall be considered at two (2) public 7 hearings and approved by the Board of County Commissioners (BOCC) at the second hearing or 8 thereafter. The Planning Commission shall conduct the first public hearing. Notice of such 9 hearings shall be given in accordance with both SI63.3225, Florida Statutes and MCC 9 9.5- 10 45(b) and (d) or as amended. II 12 III PRIOR COUNTY ACTIONS: 13 14 In November 2006, the Board of County Commissioners (BOCC) approved the request of the 15 applicant to abandon 10,270 SF of First Street pursuant to Resolution 603-2006 and 6,556 SF of 16 Second Street in pursuant to Resolution 604-2006. 17 18 In May 2006, a Letter of Understanding and Development Rights Determination established 19 twenty-two (22) permanent market-rate residential units, eleven (11) transient residential units, 20 5,138 SF of non-residential floor area, and twelve (12) boat slips on the subject parcels. 21 22 In February 2006, the BOCC approved the request of the applicant to change the land use 23 designation of parcel RE 00554420.000000 from Sub Urban Commercial (SC) to Mixed Use 24 (MU) and parcels RE 00554670.000000, 00554700.000000 &,00554730.000000 from Urban 25 Residential Mobile Home (URM) to Urban Residential (UR) pursuant to Ordinance 03-2006. 26 27 In October 2005, a Letter of Understanding and Development Rights Determination established 28 twenty-one (21) permanent market-rate residential units, eleven (11) transient residential units, 29 4,422 SF of non-residential floor area, and twelve (12) boat slips on the subject parcels. This 30 determination was appealed and resulted in the May 2006 letter. 31 32 In September 2005, the applicant submitted applications for land use change designations. 33 34 In April 2005, the applicant submitted a Road Abandonment Petition for parts of First Street, 35 Second Street, and Second A venue. 36 37 Twenty-two (22) building permits were issued in 2004 and 2005 to demolish concrete buildings, 38 recreational vehicles, trailers, and mobile homes on the site. A list of the permit numbers is 39 provided as Attachment A. 40 41 July - September 2004 were pre-application meetings between the applicant and then Planning 42 Director Marlene Conaway and Growth Management Division Director Tim McGarry. 43 44 In 2004, Ocean Sunrise Associates purchased the property, let the licenses expire and evicted 45 residents of what had been known as Longview Trailer Park. 46 Page 2 of 10 Reviewed by ____ C'Documents and Settings"tezanos-mayraLoeal SettingsT emponllY Internet Files'OLK 13B\BOCCRevised Development Agreement Stall' Report.doc I IV BACKGROUND INFORMATION: 2 3 A. Size of Site: Acres 3.29 Acres (143,312.4 SF) 4 B. Land Use Districts: Mixed Use (MU), Urban Residential (UR), Sub Urban Commercial (SC) 6 C. Future Land Use Map (FLUM) , ',',./ /' '.):~~;..> ~ ~ 8 Designatio~: .Mix~d Use/Commercial '$y'/~/ '~': . -,.,~.','" 10 (MC), ResidentIal High (RH) ;/ ,'. ~,.) ".. " ,.~~ 't. 12 D. Proposed Tier Designation: III ~ ~ ',;r'J<' " . '1;~<;>~ 14 E. Existing Vegetation ( Habitat: ;S;<" '\ /,,( <\...: ..'f', A;(. 16 . ~":' ~ "~' / , .', . " , ScarIfied ,:'..:.~, ,:' / ~\;, ,,' .~ 18 F. Commnnity Cbaracter of Immediate ,:.~~~ ~ //. . .<' 20 VICInIty: The area IS a mIXture of ,-.. --, '" /',' . ., 22 single fa~ily homes, gated resident~al " '.- ,'. .~ _..#~ . "~~ -. , ". 24 commumtIes, and a few commercial -- 1f!:,~ . ...... \. '': 26 . . il.. ~, . establIshments. The Manners Club, a 0';' .'" , . _ \.. " 28 gated community, is to the West. To '...../,. '" :iC 30 the East is a Marina, a dive shop, and ~e::,- ~ oil ., . 32 single family homes. To the North is yo, 34 Shell WorId, a large commercial retail , '$:~, , :>! . 36 space. To the South is the Atlantic Ocean. 37 V REVIEW OF APPLICATION: 38 39 1. The development agreement does meet all of the requirements of the 40 Florida Local Government Development Agreement Act, 9 163.3220 - 41 163.3243, Florida Statutes. 42 163.3227. Requirements of a development agreement include: 43 44 (a) A legal description of the land subject to the agreement, and the names 45 of its legal and equitable owners; In Compliance 46 47 (b) The duration of the agreement; In Compliance 48 49 Florida Statutes allows agreements up to twenty (20) years. Pursuant 50 to gC.2, this development agreement is for ten (10) years. (Monroe 51 County Code allows for agreements up to ten (10) years.) 52 53 (c) The development uses permitted on the land, including population 54 densities, and building intensities and height; In Compliance 55 56 (d) A description of public facilities that will service the development, 57 including who shall provide such facilities; the date any new facilities, 58 if needed, will be constructed; and a schedule to assure public 59 facilities are available concurrent with the impacts of the development; 60 In Compliance Page 3 of 10 Reviewed by _____ C: Documcnts and ScttingslCl.anOs-mayr.lLocal ScttingsT cmporary Intcrnct FilcsOLK 13 B BOCCRcviscd Dcvelopmcnt Agrccmcnt Staff Report.doc I 2 (e) A description of any reservation or dedication of land for public 3 purposes; In Compliance 4 5 The development agreement proposes to donate RE 00554940.000300 6 to Monroe County to be used as open space or a passive park. This 7 parcel is striped in blue on the map below. 8 9 10 11 12 (f) A description of all local development permits approved or needed to 13 be approved for the development of the land; Compliance to be 14 determined 15 16 The applicant shall be required to receive approval for a major 17 conditional use permit prior to any development on the land. In 18 addition, the development may require a parking variance, bufferyard 19 variance, and minimum yards (setback) variance as part of the 20 conditional use application. In addition, the applicant shall be required 21 to apply for and comply with all requirements and regulations for the 22 building permits required to complete this project. 23 24 (g) A finding that the development permitted or proposed is consistent 25 with the local government's comprehensive plan and land development 26 regulations; 27 28 This development agreement is not inconsistent with the Monroe 29 County 2010 Comprehensive Plan or the Key Largo Livable 30 Communi Keys Plan. 31 1. The development complies with the following standards imposed 32 on it by the Land Development Regulations: 33 a. ROGO (* 9.5-120): In Compliance 34 b. NROGO (* 9.5-124): In Compliance Page 4 of 10 Reviewed by __~_ C Do~umenls and Settingstezanos-mayraLocal SettingsT emporary Internet Fi IcsOLK /3 B BOCCRevised Development Agreement Staff Report. doc I c. Purpose of the Land Use Districts (99 9.5-204, 206 & 219): In 2 Compliance 3 d. Permitted Uses (99 9.5-233 (b)(l); 235(b)(5) & (c)(2) & (5); 4 248(b)(7) & (c)(3)): In Compliance 5 e. Density (~99.5-262, 268 & 269): In Compliance Transient (Hotel) Units Max Land buildable Net number % of Use Size area factor of units proposed use MU 1.25955 1.00764 15 15.1146 UR NjA SC 0.482507 0.386006 15 5.790083 20.90468 3 I 14.401YtI I Permanent Residential Land buildable Max Use Size area Net MU 1.25955 1.00764 12 12.09168 UR 1.553145 1.242516 12 14.91019 SC 0.482507 0.386006 6 2.316033 3.295202 29.31791 22 I 75.03% I Commercial Land Size buildable Use (sqft) area MU 54866 0.25 13716.5 UR 67655 0.25 16913.75 SC 21018 0.25 5254.5 35884.75 3782 I 10.54% I TOTAL 99.97% 6 7 8 2. Compliance to be determined upon submittal of a major 9 conditional use permit however, based on plans reviewed, the 10 project appears to be in or near compliance. II a. Working Waterfront IDO (Resolution 265-2007) 12 b. Required Open Space (999.5-262,269 & 9.5-347) 13 c. Stormwater (99.5-293) 14 d. Wasterwater / Sewer (99.5-294) 15 e. Energy & Conservation Standards (99.5-326) 16 f. Environmental Performance Standards (99.5-335) 17 g. Mitigation Standards (99.5-346) 18 h. Shoreline Setbacks (99.5-349) Page 5 of 10 Reviewed by ~__ C: Documents and Settings.tezanos-mayraLocal SettingsT emporary Internet FilesOLK 13BBOCCRevised Development Agreement Slaff Report.doc I 1. Access Standards (S9. 9.5-421 & 9.5-427) 2 1. Roads 3 II. Emergency Management 4 Ill. Fire Suppression 5 6 3. Compliance with the standards imposed on it by the Land 7 Development Regulations cannot be determined: 8 a. Minimum Yards (~ 9.5-281): Building B-2 appears to be 9 twenty (20) feet from East Second Street rather than the 10 required twenty-five (25) toot required front yard setback. II There also appear to be two (2) handicap parking spaces in 12 the setback and nine (9) existing parking spaces for the 13 restaurant in the setback. It also appears that the stairwell 14 in building A juts into the required 25 ft. setback about two 15 (2) feet. 16 b. Inelusionary Housing (~9.5-266): The applicant claims 17 that this redevelopment is not subject to the inclusionary 18 housing requirements. This development agreement, if 19 approved by the BOCC, will act as approval of exemption 20 to the inclusionary housing provision pursuant to MCC 21 S9.5-266(b )(3)b. 22 23 The inclusionary housing ordinance was codified in July 24 2006. Resolution 320-2005 directed that staff not process 25 applications that would fall under inclusionary guidelines 26 beginning March I, 2005. By March 2005, any structures 27 on the subject property were vacant. The receipt and 28 processing of the map amendment application in September 29 2005 indicates that the planning staff at that time did not 30 deem this property to be subject to Resolution 320-2005 31 which prohibited changing URM to UR. 32 33 Also, statements made by Tim McGarry, Growth 34 Management Division Director until January 2006 at the 35 Key Largo Planning Commission meeting held on 36 December 20, 2005 referred to the lenbrthy process being 37 undertaken by the applicant and indicated that the project 38 would not be subject to the inclusionary housing provision. 39 40 Finally, the County Attorney's office has determined that 41 this development is not subject to the inclusionary housing 42 ordinance. However, as the MCC LDRs allow the BOCC 43 to waive the inclusionary housing requirement, this hearing 44 shall serve as the BOCC hearing to make a determination Page 6 of 10 Reviewed by ~ C:\Documents and Settings\tezanos-mayra Local Settings'Temporary Internet Files\OLK 13BBOCCRevised Development Agreement Stair Report.doc I that no inclusionary housing IS required for this 2 development should the BOCC, any other agency or 3 judicial process determine that specifIc exemption to the 4 inclusionary housing provision is required. 5 c. Additional Requirements for Residential Units (~9.5- 6 284(c)): Staff reminds applicant that rows of townhouses 7 shall average no more than ten (10) dwelling units. 8 d. Required Parking (~ 9.5-352) The applicant IS 9 requesting that the nine (9) spaces which currently exist 10 and are used as by the Mandalay Restaurant be permitted 11 and allowed to count toward the required parking for the 12 development. There are twelve (12) spaces proposed to be 13 put in the right of way area for vehicles wishing to use the 14 restaurant and/or the public boat ramp at the terminus of 15 Second A venue which are not going to be counted toward 16 the required parking for the development. 17 e. Required Loading and Unloading Spaces (~ 9.5-354): 18 There is no loading zone shown on the site plan. The 19 applicant is required to provide one (1) loading zone of II' 20 x 55'. 21 f. Required Landscaping (~ 9.5-361): Staff is unable to 22 evaluate if the required amount of landscaping is provided 23 based on the plan provided. Total landscaping required 24 will include "best installation and maintenance practices" 25 for all landscaping including, but not limited to that which 26 is required in Divisions 10 and II of the Monroe County 27 Land Development Regulations throughout the project. 28 g. Street Trees (~9.5-366): Staff is unable to evaluate if the 29 required number of street trees are provided based on the 30 plan provided. The applicant is required to provide twenty- 31 two (22) street trees. 32 h. Required Buffer-yards (~~ 9.5-376, 378 & 9.5-379): Due 33 to the Land Use Designation splits, bufferyards are required 34 in the interior of the development. The site plan does not 35 show these but is expected to show the same amount of 36 required planting along the perimeter of the parcels in order 37 to maximize land use and create traffic and pedestrian 38 circulation through the development. 39 The minimum required planting for a district boundary 40 buffer between both SC & MU and UR is a class C buffer 41 which would require 16 canopy trees, 6 understory trees 42 and 20 shrubs. Page 7 of 10 Reviewed by ____ CA)ocuments and Settings.tezanos.mayracLocal Settings'Temporary Internet Files\OLKl38'BOCCRevised Development Agreement StafT Report.doc 1 A Class C major street buffer will be required along US-I. 2 The plantings for a twenty foot buffer would be 1 canopy 3 tree, I understory tree, and 5 shrubs. 4 1. Traffic Study (~9.5-426): Staff will require an updated 5 study prior to submittal for major conditional use permit. 6 7 4. Compliance ,vith the following standards imposed on it by the 8 Land Development Regulations will be determined upon submittal 9 to the Building Department: 10 II a. Maximum Height (s 9.5-283) 12 b. Fencing (s 9.5-309) 13 c. Floodplain Management (SS 9.5-316 & 9.5-317) 14 d. Outdoor Lighting (SS 9.5-391, 9.5-392 & 9.5-393) 15 e. Signs (ss. 9.5-404 & 9.5-405) 16 f. Handicap Accessibility (Chapter II, Florida Building Code) 17 (h) A description of any conditions, terms, restrictions, or other 18 requirements determined to be necessary by the local government for 19 the public health, safety, or welfare of its citizens; 20 The Applicant shall upgrade sewage and drainage on the site to meet 21 or exceed the requirements of the Monroe County Code. 22 (i) A statement indicating that the failure of the agreement to address a 23 particular permit, condition, term, or restriction shall not relieve the 24 developer of the necessity of complying with the law governing said 25 permitting requirements, conditions, term, or restriction. In 26 Compliance 27 2. The duration of the Development Agreement does not exceed ten (10) 28 years. In Compliance 29 Pursuant to SC.2, this development agreement is for ten (10) years. 30 3. The development was initially approved pursuant to a development order 31 issued prior to the effective date of this division or is proposed by another 32 governmental entity. 33 The effective date of this division is September 15, 1986. Pursuant to 34 MCC S9.5-2, the site is deemed to have a major conditional use permit as 35 a restaurant and marina has been operating on this site beginning in 1975. 36 MCC SS9.5-235(c)(2) & (5) and 248 (c)(3) reqUIre the existing 37 development to have a conditional use permit. 38 39 VI FINDINGS OF FACTS & CONCLUSIONS OF LAW 40 1. Based on MCC * 9.5-101 the Development Agreement does meet the requirements to 41 allow Monroe Count to enter into a Development Agreement; and 42 2. Based on MCC S9.5-102(a), the BOCC does have the authority to enter into this 43 Development Agreement. Page 8 of 10 Reviewed by ~___ C: Documents and Seningste;r.anos-mayra\ Local Settings Temporary Internet Files'OLK 13 B\BOCCRevised Development Agreement Staff Report.doc I I I 3. Any transfer of transient ROGO exemptions or commercial floor area shall comply with 2 the requirements of the MCC at the time of transfer. 3 4. Approval of this Development Agreement does not constitute approval of a specific site 4 plan. Approval of a site plan shall be determined upon submittal of an application for 5 Major Conditional Use Pennit approval which would include any variance applications 6 required to be in compliance with land development regulations. 7 5. Approval of this Development Agreement shall constitute approval of exemption to the 8 inclusionary housing provision pursuant to MCC S9.5-266(b)(3)b. should the BOCC, any 9 other agency or judicial process determine that such exemption is required. 10 II VII DOCUMENTS REVIEWED: Document Name Source Date Ap lication Au ust 22, 2007 October 26, 2007 July 31, 2007 12 Page 9 of 10 Reviewed by ____~ C:Documents and Settingstezanos.maynl'Local Settings\Temporary Internet FilesOLK 13B\BOCCRevised Development Agreement Stalf Report.doc I Appendix A Permit Number Permit Action 04-30-4298 Demo Mobile Home 04-30-4300 Demo Mobile Home 04-30-4301 Demo Trailer 04-30-4304 Demo Trailer 04-30-4307 Demo Mobile Home 04-30-4308 Demo Mobile Home 04-30-4309 Demo Mobile Home 04-30-4311 Demo Trailer 04-30-4313 Demo Mobile Home 04-30-4315 Demo Trailer 05-30-3988 Demo Mobile Home 05-30-3989 Demo Mobile Home 05-30-3990 Demo Mobile Home 05-30-3991 Demo Mobile Home 05-30-4034 Demo Mobile Home 05-30-4035 Demo Mobile Home 05-30-4036 Demo Mobile Home 05-30-4589 Demo Concrete Building 05-30-4590 Demo Concrete Building 05-30-6604 Demo Concrete Building 05-30-6605 Demo R V 05-30-6606 Demo Mobile Home 2 Page 10 of 10 Reviewed by ____ C:Documents and Settings\te711nos-mayra,Local Settings'T empomry Internet Files'OLK 13 B'BOCCRevised Development Agreement Stall' Repon,doc 1 This instrument prepared by: 2 3 4 5 6 7 Parcel J.D. Nos.: 8 Ocean Sunrise Associates LLC 9 FUE# s 00554420,00554730,00554740,00554700, 10 and 00554670, 00554940-000300 11 12 DEVELOPMENT AGREEMENT FOR 13 MANDALA Y BAY DEVELOPMENT 14 (AKA OCEAN SUNRISE ASSOCIATES. LLC) 15 THIS AGREEMENT is entered into by and between Ocean Sunrise Associates LLC, a 16 Florida Limited Liability Corporation (herein, the "Owner"), and Monroe County, a division 17 of the state of Florida (herein, the "County"), pursuant to Sections 9.5-10 I and 9.5- 102 of the 18 County Code, and the Florida Local Government Development Agreement Act, Sections ]9 163.3220-163.3243, Florida Statutes (2004), and is binding on the "Effective Date" set forth 20 herein. 21 WITNESSETH: 22 WHEREAS, Owner is the owner of approximately 3.29 acres of contiguous uplands 23 plus 0.68 acres submerged land in the corporate limits of the County, now known as Mandalay 24 Resort at Mile Marker 98, Lots I and 2, Parcels I and 2, Block 4, Mandalay Subdivision, Key 25 Largo, more particularly described in the legal description attached hereto as Exhibit A (herein, 26 the "Property"); and 27 WHEREAS, the County has recognized that there are, existent on the Property, eleven - I ~ I 09amdda.21 02607 I (II) transient ROGO exemptions due to the fact that the County identified that there wcre eleven :2 (II) liccnsed recreational vehicles onsite used for transient purposes; and that only three (3) of 3 these units may be uscd on the property in combination with thc proposed twcnty-two (22) 4 residential units and proposed restaurant due to the size of the property; and 5 WHEREAS, the Owner relied upon the directions given to it by the County as to the 6 sequence of its applications and submissions for development; and 7 WHEREAS, the Owner has timely filed its applications for development in accordance 8 with those directions prior to the approval of the Jnclusionary Housing ordinance; and 9 WHEREAS, the County and the Owner agree that the Owner may retain thc eight (8) 10 unused transient ROGO exemption rights and be assigned unique, numeric identifiers for each, II pursuant to the appropriate transfer procedure as identified by the County; and 12 WHEREAS, the ROGO exemptions retained by the Owner are exclusive to the Property 13 and, at its sole discretion, the Owner may sever the exemptions from the Property; and 14 WHEREAS, the Owner has leascd from the County a portion of Second Avenue 15 adjacent to the property and more specifically described as thc easterly ten (10) feet of Second 16 A venue, Mandalay Subdivision, Key Largo, adjacent to Lot I, Block 4, Plat Book 1-194; and 17 WHEREAS, the Property is currently vacated of residential structures and remains 18 developed with the existing restaurant, commercial and accessory uses including docks, as 19 further described in Section C 3.a of this Agrecment; and 20 WHEREAS, redevelopment of the Property provides the opportunity to upgrade the 21 existing facilities, voluntarily contribute to the provision of affordable housing, upgrade and 22 cnhance the existing transient faci lity and amenities, provide on-site wastewater - 2 - 1 treatment that mects 20 I 0 standards, cither by advanced wastewatcr treatment (A WT) or 2 conncction to the Key Largo Wastcwater Treatment District if available at the timc of permit, 3 meet current storm water retention standards to contribute to the protection of the nearshore 4 watcrs in the County, assure the improvemcnt of facilities for public access to the waterfront of 5 the Atlantic Ocean, and provide additional benefits to the County as sct forth in this Agreemcnt; 6 and 7 WHEREAS, Owner desires to create a residential development on the Property with the 8 facilities, amenities and infrastructure as set forth in this Agrecment; and 9 WHEREAS, The County Board of County Commissioners, pcr Resolution 603-2006, 10 and 604-2006, has approved a request by the Owner to abandon a portion of East First Street and II East Second Street adjacent to the Property to allow the rational redevelopment of the Property, 12 and 13 WHEREAS, the proposed rcdevelopment is pcrmissible and appropriate under the 14 County's Comprchensive Plan Future Land Use designation applicable to thc Property, which 15 allows mixed use development along with various typcs of residcntial and nonresidential uses; 16 and 17 WHEREAS, the Property is a highly disturbed, fully developed upland site which does 18 not contain wetlands, listed species habitat, or other environmentally sensitivc habitat with 19 the exccption of existing mangroves that are protected under State law; and 20 WHEREAS, the Owner has provided public notice of the parties' intent to consider 21 cntcring into this Agreemcnt by publishing an advertiscment in a newspaper of gcncral circulation 22 and rcadership in the County, and provision madc for posting of the Property subject to this 23 Agrccment, and mailing noticcs to thc persons and entities shown on the most recent Monroc - 3- I 09amdda 102607 1 County Tax Roll to be the owner of property lying within threc hundred (300) feet of the 2 boundaries of the Property subject to this Agreement; and 3 WHEREAS, the County Planning Commission has held a public hearing on October 24, 4 2007, to consider this Agreement, and the Monroe County Board of County Commissioners 5 has held a public hcaring on . , 2007 to consider this Agreement; and 6 WHEREAS, the County has determined that this Agreemcnt is in the public interest and 7 will further the health, safety, welfare, of the residents of the County of Monroe. 8 NOW, THEREFORE, in consideration of the mutual promises and undertakings contained 9 herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as 10 follows: I I A. RECITALS. The recitals set forth in the preceding "Whereas" clauses are incorporated 12 herein and form a material part of this Agreement. 13 B. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the 14 following meanings. Terms not defined in this agreement shall be as defined in the 15 County Code, in Chapter 163, Florida Statutes, or, if not defined in the Code or Statute, 16 shall be understood by their usual and customary meaning. 17 1. " Agreement" shall refer to this Development Agreement, as the same may be IS subsequently amended, modified or supplemented pursuant to its terms and provIsions and 19 pursuant to the provisions of Sections 163.3220-163.3243, inclusivc, Florida Statutes. 20 2. "County Code" shall refer to the Code of Ordinances of the County of Monroe in 21 existcnce on the Effective Date of this Agreement. 22 3. "Comprehensive Plan" shall refer to the County's Comprehcnsive 23 effective as of the date of this Agreement. - 4 - 1 4. "Conceptual Site Plan" shall mean the site plan document attached to this Agrcement 2 which portrays the intensities, dcnsities and general location of the development expected and 3 proposed on the Property. 4 5. "Development" shall refer to the redevclopment of the Property for the uses permitted by 5 this Agreement, subject to the conditions, obligations, restrictions and terms contained herein. 6 6. "Dwelling, Apartment" shall refer to the dwelling unit type defined in Section 9.5-4 (D- 7 24) of the County Code. 8 7. "Dwelling Unit" shall refer to a dwelling unit as defined in Section 9.5-4 (D-3 I) of the 9 County Codc. 10 8. "Effective Date" shall refer to the date this Agreement becomes effective, as set forth in 11 this Agreement. 12 9. "Final Site Plan" shall mean that site plan which is approved in connection with and part 13 of the Major Conditional Use application approved by the Monroe County Planning Commission 14 for the Property. 15 10. "Florida Department of Community Affairs" (FDCA) and "state land planning 16 agency" shall mean and refer to the "state land planning agcncy" as defined in Chaptcr 163, Part 17 II, Florida Statutes. 18 11. "Land Development Regulations" (LDRs) shall mean Chapter 19 9.5 of the County Code in existence on the Effective Date of this Agreement. 20 12. "Owner" shall rcfer to the owncr of the Property identified III the 21 first paragraph of this Agrecment. 22 13. "Property" shall refcr to the parccl of real property located in the County that is the 23 subject of this Agreemcnt as described on Exhibit A attached hereto and made a part hereof. -5- 1 09amdda I 02607 1 14. "Public facilities" means those facilities identified III Section 2 163.3221, Florida Statutes (2004), as well as Sections 9.5-293, 9.5-294, 9.5-326 of the County 3 Code of Ordinances and as set forth in this Agreement. 4 15. "Residential Rate of Growth Ordinance" or "ROGO Allocation" shall be as those 5 terms are defined in Chapter 9.5-120 of County Code of Ordinances. 6 16. "Mandalay Bay Development" means the Development as a whole, to include: the three 7 (3) transient units, twenty-two (22) market rate residential units, restaurant facility, accessory boat 8 slips, other accessory uses and amenities, and all other uses and structures. 9 17. " ROGO Exemptions" means the right to build two (2) market rate residential units not 10 subject to the County's Rate of Growth Ordinance (ROGO) and allocated to adjacent property, II which rights are owned or controlled by the Owner, who has full authority to transfer these 12 rights. 13 18. "Site Plan" means both the Conceptual Site Plan dated July 31, 2007, and/or the Final 14 Site Plan with a date to be determined, as appropriate. 15 19. "Transient" means the use of a unit for a consecutive tenancy of 16 28 days or less as defined by Florida Statutes and further defined by Section 9.5-4(T -4) of the 17 Monroe County Code of Ordinances. 18 C. TERMS OF AGREEMENT. 19 20 1. Legal Description; Ownership and Equitable Interests in the Property. The legal 21 description of the Property subject to this Agreement is attached hereto as Exhibit "A" and 22 incorporated herein by reference. The owner of the Property as of the date of execution of this 23 Agreement is the Owner. There are no other legal or equitable owners of the Property known to 24 the parties to this Agreement. - 6 - I 2. Duration of Agreement, Agreement Renewal. This Agreement shall remain in effect ; for an initial period of ten (10) years, commencing on the Effective Date set forth below. This 3 Agreement may be renewed or extended as provided by law. 4 3. Reservations or Dedications of Land for Public Purposes. The parties agree that the 5 owner will dedicate to the County parcel(s) ofIand located in the median of US Highway I - The 6 Overseas Highway - nearby to the property, as further described in the attached survey, Exhibit C, 7 for the sole purpose of open space or non- structural recreational use by the County. The transfer 8 of the property to the County shall be completed within one hundred eighty (180) days of the 9 effective date of this agreement. 10 4. Dedication of ROGO Exemptions. The Owner has full authority through ownership or II control, to transfer the two (2) market rate ROGO exemptions that were authorized by the County 12 to be used at the Mariner's Club development, proximate to the property. Said market rate ROGO 13 exemptions were authorized by County Major Conditional Use Resolution 30-1980, and re- 14 authorized by Planning Commission Resolution P82-02. The Owner shall dedicate said market 15 rate ROGO exemptions to the County for construction of affordable housing, administrative relief 16 as defined by Monroe County Code, or any other lawful purpose. 17 5. Other Improvements for Public Use. The Owner and the County have previously agreed 18 that the Owner shall improve and maintain Second A venue from its northern intersection with the 19 northbound lanes of US Highway I to its southern terminus at the mean high waters of the 20 Atlantic Ocean. The improvements to be constructed by the Owner shall be: 21 a) Street paving 22 b) Twelve (12) parking spaces for public use 23 c) Parking for nine (9) spaces limited to use by the patrons of the restaurant on the property, -7- I 09amdda I 02607 I wherein such parking spaces shall bc idcntified by signagc approvcd by the County ? limiting their use for restaurant patrons. 3 d) Landscaping, projcct identification signage and lighting to at least County standards for 4 such local strcets as Second A venuc. 5 e) Reconstruction of the cxisting accessway at thc terminus of Second Avcnuc to County 6 standards for public use as an accessway described above. Howcver, the rcconstruction 7 shall not causc the removal of restaurant facilities located on the County right-of-way for 8 which the owner has a license from the County for such use. 9 f) Utility infrastructure inclusive of water lines, fire hydrants, scwer collcction lincs, storm 10 sewer lines, elcctricity and lighting. II g) Appropriate signagc limiting parking as required by the County. The Owncr and the 12 County agree that the County shall grant to the Owner eascmcnts and necessary 13 agreements to allow the owner to maintain the improvemcnts named above on a regular 14 basis at no cost to the County. The right to use the nine (9) parking spaces for the 15 restaurant shall rcmain as long as there is a lease agreement with the County, unless the 16 restaurant is voluntarily removed from the propcrty by the owner or its assigns. 17 6. Existing Development; Preparation for Redevelopment. 18 a) Existing Development. The following residential uses were recognized by Monroe 19 County on the Property and have subsequently been demolished: twenty-two (22) 20 permanent rcsidcntial units, eleven (II) transicnt units. The Owner is entitlcd to the use 21 of a total of five thousand one hundred and eighty three (5 183) square feet of 22 commcrcial floor area, of which thrce thousand scven hundred eighty two square feet 23 are being rctained for restaurant use, a twelve (12) slip acccssory docking - 8 - I facility and other amenities. 2 b) Redevelopment Preparation. The Property will be prepared for redevelopment by 3 pennitted demolition and appropriate removal of certain existing structures. 4 7. Plan Approval, Including Densities and Intensities. 5 a) Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The Property 6 shall be redeveloped and operated as a Resort consisting of three (3) transient Resort units, 7 twenty-two (22) market rate units, together with three thousand seven hundred eighty two 8 (3782) square feet of restaurant floor area consisting of one thousand seven hundred 9 eighteen (1718) square feet of enclosed space and two thousand sixty four (2064) square 10 feet of open dining area, twelve (12) boat slips depicted on the Conceptual Site Plan for II Mandalay Resort, dated July 31, 2007, which was prepared by Erickson Associates, and is 12 attached hereto as Exhibit C. The Conceptual Site Plan is subject to further approval by 13 the County Planning Commission, however said future approvals shall recognize the 14 aforementioned uses and densities and intensities whether they are used on or offsite; any IS subsequent site plans, site plan approvals and building permits shall substantially comply 16 with this Conceptual Site Plan. The Final Site Plan may modified without further approval 17 from the Planning Commission, but with staff approval only, to accommodate: (I) 18 refinements to the site plan submitted for building permit including minor shifts in 19 location of five (5) feet or less in the residential structures, roadways, pathways, and 20 swimming pool configurations; (2) changes to the building type or number of residential 21 units, so long as the density set forth in this Agreement is not exceeded; or (3) 22 modifications that are necessary to meet regulatory requirements imposed by any other 23 governmental entity. -9- I 09amdda 102607 1 b) Form of Ownership. The Property may be redeveloped and operated as a resort, 2 condominium, cooperative, fractional ownership, or similar form of ownership of all or a 3 portion of the properties; and the submission of the propcrties to the condominium, 4 cooperative, or similar form of ownership (and recordation of a corrcsponding declaration 5 of condominium, fractional, cooperative or similar instrument) or thc sale of individual 6 transient residential dwelling units therein shall not be prohibited or in violation of the 7 terms and provisions of this Agreement. 8 c) Exempt Dwelling Units under this Agreement. Pursuant to Section 9.5-120.4(a ) of the 9 County Code, the twenty-two (22) market rate units and the three (3) transient residential 10 dwelling units on the Property, together with the unused eight (8) transient units allocated 11 to the Property but, not used for the Conceptual Site Plan, are exempt from the 12 requirements of the County's residential ROGO. 13 d) Density under this Agreement. Pursuant to Section 9.5-204, Section 9.5-206, and 9.5- 14 219 of thc County Code applicable to the Urban Residential (UR), Suburban Commercial 15 (SC) and Mixed Use (MU) districts and applicable provisions in the Comprehensive Plan, 16 Owner is entitled to redevelop, and will redevelop the Property to consisting of three (3) 17 transient units, twenty-two (22) market rate units, subject to Planning Commission 18 approval. 19 e) Commercial Floor Area Approved Under This Agreement. Pursuant to County Code 20 9.5-124.3, the Owner is to be able to use or reconstruct a total of three thousand seven 21 hundred eighty two (3782) square feet of commercial floor area or non-residential 22 development on the Property without being subject to NROGO requirements 23 f) Accessory Uses. Accessory uses to be developed or - 10 - I rcdevelopcd on the Property as part of the development include the following: Pools and 2 pool decks, landscaping, street and parking areas, and all other areas of thc 3 development not part of a transicnt residential unit. Accessory, "back of the house" uses 4 to the development: spa services, storage, receiving, men's and women's locker rooms, 5 employee lounge, public circulation, maintenance, toilets, offices, and mechanical room. 6 The use of the accessory uses shall be limited to the owners and guests of the 7 development. The accessory dock slips will be for the exclusive use of on-site owners and 8 guests and will not be operated as a commercial marina. No live-aboards will be 9 permitted. The Owner shall record in the public records of Monroe County a deed 10 restriction in a form acceptable to the County prohibiting the use of live-aboards on the II Property. 12 8. Development Conditions. The following conditions, terms, restrictions, and other 13 requirements have been determined by the County of Monroe to be necessary for the public ]4 health, safety, and welfare of its citizens: 15 a) Building Height. Buildings may be constructed to a maximum height of thirty- five (35) ]6 feet per section 9.5-283 of the County Code 17 b) Setbacks. The County acknowledges that there is no undisturbed or unaltered shoreline on 18 the Property. Pursuant to County Code Section 9.5-286, a twenty (20) foot setback from 19 the mean high water line ("MHWL") shall be required for all principal structures. 20 c) Utilities, Lighting, and Sign age. Utilities, lighting, and signage shall comply with all 21 applicable requirements of the County Code, including the waterfront lighting criteria in 22 County Code Section 9.5-395. The Owner shall install all utilities underground where 23 practicable and shall screen all utility facilities. The Owner shall utilize shaded light - I I I 09amdda I 02607 I sources to illuminate all signs, facades, buildings, parking and loading areas, and shall 2 arrange such lighting to eliminate glare to parcels lying outside the Property. No 3 intermittent or flashing lights or flashing signs shall be allowed. 4 d) Landscaping. The Owner and/or condominium or other association shall utilize 5 "best installation and maintenance practices" for landscaping throughout the Property, 6 including but not limited to that which is required in Divisions 10 and II of the Code, 7 throughout the project. The above listed parties shall provide a guarantee bond to ensure 8 one hundred percent (100%) survival of all owner-installed plants for one (l) year after 9 receipt of a final Certificate of Occupancy for each section of the Development, acts of 10 God such as hurricanes not withstanding, as further defined by Sections 9.5-361,9.5-376, II 9.5-378, and 9.5-379 of the County Code. Seventy percent (70%) of all required plants 12 installed shall be Florida Keys native plants that are suitable for the site conditions and are 13 a species typical of the Upper Keys. The Owner shall remove all Category I invasive 14 exotic plants on the Property. IS e) Parking. The redevelopment shall comply with the parking criteria as required by Section 16 9.5-352 of the County Code. The owner shall have the right to place nine (9) parking 17 spaces of the total parking spaces required for the restaurant on the public right-of-way of 18 Second Avenue immediately adjacent to the restaurant, and on County property to be 19 improved and maintained by the Owner as described in section 9. "Other Improvements 20 for Public Usc" below. 21 f) Other Improvements. There will be a sewage trcatment 22 plant (STP) provided as depicted by thc Conceptual Site Plan that scrves the Property, or 23 connection to thc Key Largo Wastewater Treatmcnt District at time of permit. - 12 - 1 g) Internal Infrastructure. The undcrground infrastructure, water and sewer serving the 2 transient residcntial dwelling units and residential dwelling units and commercial units, 3 shall be completed before a Certificate of Occupancy may be issued for thc unit. 4 h) Fire Safety. The Owner shall provide firewalls and other such firc protection facilities 5 as rcquircd by the Life Safety Code. Fire sprinklers will bc installed as required by 6 County Code. 7 i) Open Space Ratio. Pursuant to County Code Sections 9.5-343, 9.5-262, and 9.5-267, a 8 minimum of twenty per cent (20%) open space is required. The Owncr will maintain a 9 minimum of twcnty per cent (20%) open space on the Property. 10 j) Wind Load. The Owner shall construct all structures on the Property, including doors, II windows, and cladding, to withstand the mile per hour peak winds as specified in the 12 2004 Florida Building Code. 13 k) Energy Efficiency. The Owner shall construct all residential and commercial structures in 14 conformance with the specifications of the State of Florida Energy Efficiency Code for IS Building Construction (State Energy Code) and further defined by Sections 9.5-329 and 16 9.5-335 of the County Code. 17 I) Permits from Other Regulatory Entities. Other agency permits or approvals may be 18 required as provided by applicable law prior to the County's issuance of building permits 19 for redevelopment of the Property. The Owner shall obtain all nccessary permits or 20 approvals from other local, regional, statc and fcderal regulatory entities and provide 21 copics of each to the County within a reasonable timc after such permits are issued. 22 m) Stormwater Management. The Developmcnt shall comply with the storm water -13- I 09amdda 1 02607 1 management criteria in County Code Section 9.5-293 and as approved by the South 2 Florida Water Management District (SFWMD). The Development will meet all applicable 3 federal, state, regional, and local stormwater management requirements, including any 4 applicable requirements pursuant to the National Pollutant Discharge Elimination System 5 (NPDES) permit issued by the Florida Department of Environmental Protection (FDEP) 6 for the County in February 2005, prohibiting direct discharges into Outstanding Florida 7 Waters. 8 n) ROGO EXEMPT Dwelling Units. The Owner has agreed to donate to the County two 9 (2) market rate ROGO exempt dwelling units, which it owns, or controls, for affordable 10 housing use, administrative relief, or any other lawful purpose as described in Section 4 II "Dedication of ROGO Exemptions" above. 12 0) Additional Conditions by Mutual Agreement. Nothing in this Agreement shall 13 preclude the parties from applying additional conditions, by mutual written consent, 14 during the final permitting approval process. IS p) Temporary Sales Facilities. The County will permit the construction/placement of a 16 temporary sales center and a model unit. 17 q) Unity of Title. The Owner has agreed to execute a Unity of Title combining the upland 18 parcels described in Exhibit A and to record same in the public records of Monroe County, 19 Florida. The Owner shall provide copies of the recorded instrument, showing the book and 20 page where rccorded, to the County within ninety (90) days of the effective date of this 21 agreement. Prior to recordation, the Owner shall additionally provide the County an 22 Opinion of Title in a form acceptablc to the County Attorney. 23 9. Public Utilities; Concurrency, Impact Fees. The following identities the public facilities - 14- I that are required and that will scrvicc the development authorized by this Agreement; who shall 2 provide the facilities; what new facilities, if any, will be constructed; and a schedule to assure 3 public facilities are available concurrent with the impacts of development. 4 a) Potable Water. The Florida Keys Aqueduct Authority provides domestic potable water. 5 b) Electric Service. Florida Keys Electric Cooperative provides electric service. 6 c) Solid Waste. County Garbage Service or its successors and assigns, as determined by the 7 County, provide solid waste service. 8 d) Fire Service. Fire service is provided by the Key Largo Volunteer Fire District. 9 e) Concurrency. All public facilities identified above are available as of the date of this 10 Agreement, and capacity for each is projected to be available concurrent with the impacts I I of development. 12 f) Wastewater. Wastewater treatment shall be provided by the construction of a new 13 advanced wastewater treatment ("A WT") plant approved by the Florida Department of 14 Environmental Protection. The treatment plant shall meet the A WT nutrient removal 15 standards as specified by FDEP and shall be completed before a Certificate of Occupancy 16 may be issued for any unit or accessory use. Should the Key Largo central wastewater 17 treatment system have available capacity and collection lines in place at the time of 18 certificate of occupancy of the units and commercial floor area at the resort, the owner 19 shall connect to that system. 20 g) Public Recreational Facilities. Public recreational facilities shall be addressed through 21 impact fees, if any. The Owner has agreed to donate land for public open space use and 22 recreation. 23 h) Impact Fees. Any increased impact on public facilities or public services attributable to 24 each unit of the development, and the cost of capital improvements to meet the associated 25 demand on such facilities or services, shall bc assured by payment to the County, - 15- I 09amdda I 02607 I concurrent with the issuance of the building permits for each unit, of any applicable 2 County impact fees rcquired by ordinance then in effect, as well as by payment by the 3 Owner of any applicable utility systcm development fees. 4 10. Retention and Transfer of Excess Commercial Floor Area. The Property has existing 5 rights to five thousand one hundred eighty three (5183) square feet of lawfully established non 6 -residential floor area. The Conceptual Site Plan proposes the use of three thousand seven 7 hundred eighty two (3782) square feet of non-residential floor area. The County and the Owner 8 agree that the excess of one thousand four hundred one (140 I) square feet of floor area may be 9 retaincd by the owner and transferred to another site as allowed by County Code. 10 11. Extension of Reverter Clause Attached to Approval of Abandonment of Portions of II East First and East Second Streets. The County's approval of the Owner's petition for 12 abandonment was approved with the condition that should development on the Property not be 13 undertaken within four (4) years of the approval of the abandonment, the road right-of-way 14 abandoned will revert to the ownership of the County. By this Agreement the County and Owner 15 agree that the time frames for the reversion clause of the road abandonment approval is extended 16 to the period required for obtaining Ccrtificates of Occupancy for the development or ten (10) 17 years from the effcctive date of this Agrcement as provided in section C.13 a.3 below. 18 12. All Local Permits Approved or Needed. 19 a) Development Approvals. The following County development approvals are requircd for 20 the development authorized by this Agreement: 21 I) Conditional Use Approval. Final Site Plan approval by the County Planning 22 Commission and planning staff confirming compliance with this Agreement and 23 applicable County Code requirements. - 16 - I 2) Final Site Plan. Final sitc plan application and approval by the County building 2 official, fire marshal, and planning staff confirming compliance with this Agrcement 3 and applicable County Codc requirements. 4 3) Building Permits. As of right building permits will be issued, as provided 5 pursuant to the County Code, for each transient residcntial dwelling unit as well as for 6 the boat dock units, pool facilities, commercial floor area, and other individual 7 structures. An overall site permit will address landscaping, parking, paths, setback, 8 open space and other associated items. The Owner has infoffi1ed the County that as an 9 option it may employ the services of a "private provider" architectural engineering 10 firm to review building permit applications and perform construction inspections and II issue reports to the County, as allowed by state law applicable to the Building Code. 12 The County has indicated that it will cooperate with the Owner to facilitate the use of 13 "privatc provider" services for building permit review and inspections, whose cost will 14 be the responsibility of the Owner. Thc Owner shall have a period of ten (I O)years 15 from the effective date of this Agreement to obtain the first Certificate of Occupancy 16 for a building on the Property and four (4)years from the effective date of this 17 Agreemcnt to obtain the first building permit. The building permits for the 18 improvements to Second A venue shall be submitted within forty-eight (48) months of 19 the effective date of this agreement. 20 b) Review. No further rcview or discretionary review will be requircd by the County with the 21 exception of the Planning Commission Major Conditional Use rcview, it being agreed that 22 the Development, as depicted on the approved Conceptual Sitc Plan attached hereto, 23 requires only the aforementioned development approvals so long as the Final Site Plan - 17- I 09amdda I 02607 I substantially complics with the Conceptual Site Plan approved under this Agreement. 2 c) Compliance. Nothing in this Agreement shall be dcemed to obviate the Owner's 3 compliance with terms and provisions of each such identified approval. 4 d) Completeness. The parties acknowledge that the Owner 5 has submitted all information necessary for rcvicw under thc County Codc. 6 13. Mutual Cooperation. The County agrees to cooperate with the Owner in a timely manner 7 in providing and/or granting all permits, licenses, approvals, or consents necessary or appropriate 8 to fully implement this Agreemcnt. The County and the Owner agree to cooperate fully with and 9 assist each other in the performance of the provisions of this Agreement. 10 14. Development to Comply with Permits and County Comprehensive Plan and Code II Provisions. The development described in and authorized by this Agreement shall be constructed 12 in accordance with all specified permit conditions, and in accordance with all applicable 13 provisions of the County's Comprehensive Plan and County Code. No Certificate of Occupancy 14 for a permanent individual building, with the exception of the temporary sales office/model unit 15 shall be issued until the County has assured itself that, subsequent to approved plans, the Owner 16 has complied with all conditions in the permits issued by the County and other regulatory entities 17 for that building. 18 15. Finding of Consistency. The County finds that the Devclopment authorized herein is 19 consistcnt with thc County's Comprehensive Plan and Land Development Regulations as 20 applicable. Approval of this Agreement satisfies the rcquirements of Scction 9.5-266(3)b of the 21 Code. 22 16. Compliance with Permits, Terms, Conditions, and Restrictions not identified Herein. 23 Thc failure of this Agreement to address a particular pcrmit requirement, condition, term, or - 18 - 1 restriction shall not relieve the Owner of the necessity of complying with the laws governing said 2 permitting requirements, conditions, terms, or restrictions. 3 17. Governing Laws. 4 a) Controlling Regulations. For the duration of this Agreement, all approved development 5 on the Property shall comply with and be controlled by this Agreement and by the 6 provisions of the Comprehensive Plan and County Code, as applicable. The parties do not 7 anticipate the application of subsequently adopted laws and policies to the Property except 8 as expressly provided in this Agreement. 9 b) Subsequently Adopted Laws and Policies. Pursuant to Section 163.3233, Florida 10 Statutes (2004), the County may apply subsequently adopted laws and policies to the 11 Property only if the County holds a public hearing and determines that: (a) the new laws 12 and policies are not in conflict with the laws and policies governing the Agreement and do 13 not prevent development of the land uses, intensities, or densities set forth in this 14 Agrcement; (b) the new laws and policies are essential to the public health, safety, or 15 welfare, and the County expressly states that they apply to the Development that is subject 16 to this Agreement; (c) the local government demonstrates that substantial changes have 17 occurred in pertinent conditions existing at the time of approval of this Agreement; or (d) 18 the Agreement is based on substantially inaccurate information supplied by the Owner. 19 Redevelopment of the Property shall not be subject to any moratoria or other restrictions 20 on rcdevelopment, including the redcvelopment of existing mobile home parks, marinas, 21 or recreational vehicle parks, which may be established or otherwise imposed in any 22 manner or at any time by the County. Nothing in this Agreement shall prohibit the parties 23 from mutually agreeing to apply subsequently adopted laws to the Property. - 19- I 09amdda I 02607 I C) State or Federal Laws. If state or federal laws enacted after the effcctive date of this 2 Agreement preclude any party's compliancc with the terms of this Agreemcnt, this 3 Agreement shall be modified as is necessary to comply with the relevant state or fedcral 4 laws. Howcver, this Agreement shall not be construcd to waive or abrogate any rights that 5 may vest pursuant to common or statutory law. 6 18. Amendments, Renewal, Revocation and Termination. This 7 Agreement may be amended, renewed, or terminated as follows: 8 a) Amendments. As provided in Section 163.3237, Florida Statutes (2004), this Agreemcnt 9 may be amended by mutual consent of the parties to this Agreement or by their successors 10 in interest; an instrument in writing signcd by the partics or their successors shall I I accomplish an amendment under this provision. 12 b) Renewal. As provided in Section 163.3229, Florida Statutes (2004), this Agreement may 13 be renewed by the mutual consent of the parties, subject to the following public hearing 14 requirements in Section 163.3225, Florida Statutes (2004): the County shall conduct at IS least two (2) public hearings, one (I) of which may be held by the local planning agency at 16 the option of the County. Notice of intent to consider renewal of the Agreement shall be 17 advertised approximately seven (7) days before each public hearing in a newspaper of 18 general circulation and readership in Monroe County, Florida and shall be mailed to all 19 affcctcd property owners before the first public hearing. The day, time, and place at which 20 the sccond public hearing will bc held shall be announced at the first public hearing. Thc 21 notice shall specify thc location of the land subjcct to the Agrecmcnt, the Development 22 uscs on the Property, the population densities, and the building intensities and height and 23 shall specify a place where a copy of the Agreemcnt can be obtained. - 20 - I C) Termination by Owner. The Owner or its successor(s) in intcrest may tcrminate this 2 Agrcemcnt following a breach of this Agreement, upon written noticc to the County as 3 provided in this Agrcement. 4 d) Revocation by County. Pursuant to Section 163.3235, Florida Statutes (2004), this 5 Agreement may be revoked by the County if the County finds, on the basis of 6 competent substantial evidencc, that there has been a failure to comply with the tcrms of 7 this Agreement. 8 e) Termination by Mutual Consent. This Agreement may be terminated by mutual 9 consent of the parties, and such mutual termination shall not requirc a public hearing to 10 effect the termination. II 19. Breach of Agreement and Cure Provisions. 12 a) Written Notice on the Owner. If the County concludes there has been a material 13 breach of this Agreement, prior to revoking this Agreement, the County shall serve 14 written notice on the Owner, identifying the term or condition the County contends has 15 been materially brcached and providing the Owner ninety (90) days from the date of 16 receipt of the notice to cure thc breach or negotiate an amendment to the Agreement. 17 Each of the following events, unless caused by fire, storm, flood, other Act of God, or 18 events beyond the control of the Owner, shall be considcred a material breach of this 19 Agreement: (a) failure to comply with the provisions of this Agreement; or (b) failure 20 to comply with terms and conditions of permits issued by the County of County or 21 other regulatory entity for the Devclopment authorized by this Agrcement. 22 b) Written Notice on the County. If the Owner concludes that there has been a material 23 breach in the terms and conditions of this Agreement, the Owner shall serve written notice 24 on the County, idcntifYing the term or condition the Owner contends has becn materially 25 breached and providing thc County ninety (90) days from the date of receipt of thcnotice - 21 - I 09amdda I 02607 I to cure the breach or negotiate an amendment to the Agreement. The following events, 2 unless caused by fire, storm, flood, other Act of God, or events beyond the control of the 3 County, shall be considered a material breach of this Agreement: (a) failure to comply 4 with the provisions of this Agreement, or (b) failure to timely process any application for 5 site plan approval or other development approval required to be issued by the County for 6 the Development authorized by this Agreement. 7 c) Option to Terminate. If a material breach of this Agreement occurs and is not cured 8 within the time periods provided above, the party that provided notice of breach may elect 9 to terminate this Agreement or may seek to enforce this Agreement as provided herein. 10 d) Waiver of Breach. If either party waives a material breach in this Agreement by the II other party, such a waiver shall not be deemed a waiver of any subsequent breach. 12 20. Notices. All notices, demands, requests, or replies provided for or permitted by this 13 Agreement, including notification of a change of address, shall be in writing to the addressees 14 identified below, and may be delivercd by anyone of the following methods: (a) personal 15 delivery; (b) deposit with the United States Postal Scrvice as certified or registered mail, return 16 receipt requested, postage prepaid; or (c) deposit with an overnight express delivery service with a 17 signed receipt required. Notice shall be effective upon receipt. The addresses and telephone 18 numbers of the parties are as follows: 19 TO THE OWNER: 20 Doug Cordelo 21 Ocean Sunrise Associates, LLC 22 12800 University Drive, Suite 400 23 Ft. Myers, Florida 33907 24 Tclephone: (239) 415-6202 - 22 - I With a copy by regular U.S. Mail to: 2 Timothy N. Thomes, Esquire 3 99198 Ovcrseas Highway, Suite 8 4 Key Largo, FL 33037 5 Telephone: (305) 451-4053 6 7 TO THE COUNTY: 8 Thomas Willi, County Administrator County of Monroe 9 110 Simonton Street 10 Key West, Florida 33040 Telephone: (305) 292 4411 II ]2 With a copy by regular U.S. Mail to: 13 Suzanne Hutton, Esquire 14 Monroe County Attorncy 15 502 Whitehead Strcet 16 Key West, Florida 33040 17 Tclephone: (305) 292 3470 18 19 21. Annual Report. On the anniversary date of the Effective Date of this Agreement, the 20 Owner shall provide to the County a report identifying: (a) the amount of development authorized 2] by this Agreement that has been completed; (b) the amount of development authorized by this 22 Agrecment that remains to be completed; and (c) any changes to thc plan of development that 23 havc occurred during the one (I) year period from the Effective Date of this Agreement or from 24 the date of the last annual report. 25 22. Enforcement. In accordance with Section 163.3243, Florida Statutes (2004), any party to 26 this Agreement, any aggrievcd or adversely affected person as defined in Section 163.3215(2), 27 Florida Statutcs (2004), or the state land planning agency may file an action for injunctive relief 28 in the circuit court of Monroe County, Florida, to enforce the terms of this Agreement or to 29 challenge the compliance of this Agreemcnt with the provisions of Sections 163.3220-163.3243, 30 Florida Statutes (2004). If this Agreement is not accepted and approved by Monroe County, 31 then all rights and propcrty transferred by thc Owner to the County shall revert to, and shall be 32 transfcrred back to, the Owner. - 23- I 09amdda I 02607 I 23. Binding Effect. This Agreement shall be binding upon the 2 parties hereto, their successors in interest, heirs, assigns, and personal representatives. 3 24. Drafting of Agreement. The parties acknowledge that they jointly participated in the 4 drafting of this Agreement and that no term or provision of this Agreemcnt shall be construed in 5 favor of or against either party based solely on the drafting of the Agreemcnt. 6 25. Severability. In the event any provision, paragraph or section of this Agreement is 7 detcrmined to be invalid or unenforceable by a court of competent jurisdiction, such 8 detcrmination shall not affect the enforceability or the validity of the remaining provisions of this 9 Agreement. 10 26. Applicable Law. This Agreement was drafted and delivered in the State of Florida and II shall be construed and enforced in accordance with the laws of the State of Florida. 12 27. Litigation; Attorney's Fees; Venue; Waiver of Right to Jury Trial. In the event of any 13 litigation arising out of this Agreement between the County and Owner, the prevailing party shall 14 be entitled to recover all reasonable costs incurred with respect to such litigation, including IS reasonable attorney's fees. This includes, but is not limitcd to, reimbursement for such reasonablc 16 attorneys' fees and costs incurred with respect to any appellate, bankruptcy, post-judgment, or 17 trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this 18 Agreement shall be in Monroe County, Florida. The parties to this Agreement waive the right to 19 a jury trial in any litigation arising out of or initiated under this Agreement. 20 28. Use of Singular and Plural. Where the context requires, the singular includes thc plural, 21 and the plural includes the singular. 22 29. Duplicate Originals; Counterparts. This Agreement may be executed in any number of 23 originals and in counterparts, all of which evidence one (I) agreement. Only one (I) original is - 24 - ] required to be produccd for any purpose. 2 30. Headings. The headings containcd in this Agreemcnt are for identification purposes 3 only and shall not bc construed to amend, modify, or altcr the tcrms of the Agreement. 4 31. Entirety of Agreement. This Agreement incorporates or supersedes all pnor 5 negotiations, correspondence, conversations, agrecments, or understandings regarding the 6 matters contained herein. The parties agree that there are no commitmcnts, agreements, or 7 understandings concerning the subjects covered by this Agreement that are not contained in or 8 incorporated into this document and, accordingly, no deviation from the terms hereof shall be 9 predicated upon any prior representations or agreemcnts, whether written or oral. This 10 Agrcemcnt contains the entire and exclusive understanding and agreement among the parties ]1 and may not be modified in any manner except by an instrument in writing signed by the 12 parties. ]3 32. Recording; Effective Date. The Owner shall record this Agreement in the public records 14 of Monroe County, Florida, within fourteen (14) days after the date of execution of this ]5 Agreement. A copy of the recorded Agreement showing the date, page and book where recorded 16 shall be submitted to the state land planning agency by hand dclivery, registered or certified ]7 United States mail, or by a delivery service that provides a signed receipt showing the date of ]8 delivery, within fourteen (14) days after the Agreement is recorded. The Owner shall also provide 19 a copy of the recordcd Agreement to the County within the same time period. This Agreemcnt 20 shall become effective thirty (30) days after thc date it is received by the state land-planning 21 agency. 22 33. Date of Agreement. The date of this Agrcement is the date the last party signs and 23 acknowledges this Agreement. - 25- I 09amdda I 02607 1 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, 2 have set their hands and seals on the dates below written. 3 Ocean Sunrise Associates LLC 4 5 By: 6 Date 7 8 9 STATE OF FLORIDA 10 COUNTY OF MONROE 11 12 The foregoing instrument was acknowledged before me on this day of 13 2007, by as of Ocean Sunrise Associates LLC. who is 14 personally known to me or who produced as identification, and who 15 did/did not take an oath. 16 17 18 19 20 Notary Public, State of Florida At Large (Seal) 21 My commission expires: 22 23 24 COUNTY OF MONROE 25 26 By 27 Date MARIO DiGENNARO, MAYOR 28 29 30 ATTEST: 31 32 33 34 COUNTY CLERK 35 36 APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE 37 COUNTY OF MONROE, FLORIDA ONLY. 38 39 40 41 42 - 26 - EXHIBITS TO OCEAN SUNRISE ASSOCIATES, LLC DEVELOPMENT AGREEMENT EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY EXHIBIT B: LEGAL DESCRIPTION OF LEASED PROPERTY EXHIBIT C: CONCEPTUAL SITE PLAN EXHIBIT D: LEGAL DESCRIPTION OF LAND TO BE DEDICATED TO COUNTY EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT A Legal Description of Subject Property Subject property containing parcels described as: Lots 1-8 & 30-33, Mandalay Subdivision, Plat Book 1-194, Key Largo, Monroe County, Florida RE # 00554420; SW'L Y 125'x250' & NW'L Y 95' ofNE'L Y 100' ofSW'L Y 225' ofSQR 3, Mandalay Subdivision, Plat Book 1-104, Key Largo, Monroe County, Florida RE# 00554730; Lots 1-2, Block 4, & Adjacent Bay Bottom, Mandalay Subdivision, Plat Book 1-194, Key Largo, Monroe County, Florida RE# 00554740; NE 50' of the SW 225' ofSQR 3 (5-A), Mandalay Subdivision, Key Largo, Florida PT SQR 3, Mandalay Subdivision, Key Largo, Monroe County, Florida RE# 00554670 Section 06, Township 62, Range 39 EXHIBIT B LEGAL DESCRIPTION OF LEASED PROPERTY EXHIBIT B Legal Description of Leased Property Property described as the Easterly ten feet of Second A venue, adjacent to Lot I, Block 4, Plat Book 1-194, Mandalay Subdivision, Key Largo, Monroe County, Florida EXHIBIT C Conceptual Site Plan Reference conceptual site plan as prepared by Erickson Associates/Hill Glazier Architects for "Mandalay MCU Application", SP-l, dated July 31, 2007, and submitted with application. rUCOf,JOjJ8JJPdNv'^^" UOISJ,M leu) OJd AJope:JJPd 4)IM pe)eeJ:J ::lOd N0:=-N~Jv ; l:l I I () cI Iii!. ~. A. v ~' ~ III ~ / ! Bi 18. y~~ f j \1, Y 1 ~--ti\~- -- - .~ '."'.-g..... ....f,.. ,v ~~; . l 'I ~"-"I r~'i': ~- L ~;f j Po. I.:l ..~... -~, ; Eih . ' <: Po. , Cl:S "" IL< . .' Po. I "'0 IS: 0;:;:; ~,.: ~. m~ g;;;; ~..'" ....l.! :::s ~ ~~ Po. ~ :.<: . ~:~ Po. ~~ I, ~!~ ~ u- ~ ......, ~'> ~<I L--__ _..____+ I ~ #1' .w ----~---- -..------,-- ~"-~- .~ F - + __ l.l. ' L....'..<f...-.,... '.'. ? ~i -' - ~. ; ./> u '" / \ i ; :-: -~-Y:) _ ; ~ ,__.m \ I W \ I ~ EXHIBIT D LEGAL DESCRIPTION OF LAND TO BE DEDICATED TO COUNTY EXHIBIT D Legal Description of Land to be Dedicated to Monroe County Part Tract 5A, Amended Plat of Mandalay Subdivision, Plat Book 5-25, Key Largo, Monroe County, Florida RE#005 54940-0003 00 Section 06, Township 62, Range 39 I ~z ~ r ~~ ~ ~. 0) o-~ m'1JQ. :TO) o - -0) 0,< go 0 c: ~ '" 5! ;:: 0 :> a <I> ~ 0 01 0 0 c: :> "< ~ :>. !!!. " ,-j :::T 0 1r w U\ 10 0 iil O"TI "C CD ~ CD ~ ~z Di en ~ c Q, .!Z. lD n. "U III 0 lD -C O~ o C/). :::J < aCD::J CD:::oa. a.CDQ) -CO_ 0)Ci)Q) ""'0)"< 0.-+ CD _. -0 :::J (j) 0 0 " 0 !'! '" 0 lil ;;:: 0 ::> a I\.) (\) 0 0 0 0 " ::> .:<: )> (\) ::>. !!!. " ::r ~ .J>> aT! co OlD iil "0 lD ::r - '< BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes - No X Department: Planning & Environmental Resources Staff Contact: Andrew Trivette, Division Director Susan Grimsley, Assist. Co. Atty. AGENDA ITEM WORDING: A public hearing to adopt an interim development ordinance prohibiting the approval of new allocations of ROGO or NROGO for Big Pine Key and No Name Key until such time as a mitigation ordinance is adopted by the Board of County Commissioners or for six months whichever occurs first, beginning December I, 2007. ITEM BACKGROUND: During the spring and fall of2000 the residents and property owners of Big Pine and No Name Keys worked with Monroe County planning staff to develop the Master Plan for Future Development on Big Pine No Name Keys (Master Plan). However, in order for any new development to occur, including road widening improvements to US I, an Incidental Take Permit (ITP) permit from the U. S. Fish and Wildlife Service (USFWS) was required. Consequently, Monroe County, the Florida Department of Transportation, and the Florida Department of Community Affairs applied for an Incidental Take Permit (ITP). To comply with the issuance criteria of the ITP, Monroe County and the co-applicants were required to develop a Habitat Conservation Plan (HCP) to mitigate the incidental take of the Key Deer resulting from development activities. The mitigation measure proposed was land acquisition. The purpose of the mitigation ordinance is to establish a funding source or other mechanism for land acquisition and conservation, in order to ensure that development bears its fair share of mitigation. Until this point, the County had enough land in its name to cover the mitigation required for new development. PREVIOUS RELEVANT BOCC ACTION: Habitat Conservation Plan adopted - April 2003 Master Plan for Big Pine Key and No Name Key adopted - December 2004 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year - APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 ORDINANCE NO. -2007 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IMPOSING AN INTERIM DEVELOPMENT ORDINANCE PROHIBITING THE APPRO V AL OF NEW ALLOCATIONS OF ROGO OR NROGO FOR BIG PINE KEY AND NO NAME KEY UNTIL SUCH TIME AS A MITIGA nON ORDINANCE IS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OR FOR SIX MONTHS WHICHEVER OCCURS FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL OF THIS ORDINANCE TO THE STATE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, utilization of the moratorium as a temporary measure to facilitate governmental decision- making, study, and the adoption of comprehensive plan amendments and/or land development regulations, is a legitimate governmental tool to facilitate logical and considered growth and a means of avoiding inefficient and ill-conceived development; and WHEREAS, development on Big Pine Key and No Name Key is subject to the requirements of the Habitat Conservation Plan adopted in April, 2003 and the Master Plan for Future Development of Big Pine Key and No Name Key which was effective in December, 2004; and WHEREAS, Florida Department of Transportation, Monroe County and the Florida Department of Community Affairs received a Federal Fish and Wildlife Incidental Take Pennit (ITP) dated June 9,2006 which limits development based on the potential taking of threatened and endangered species; and WHEREAS, a certain amount of property in its natural state is required to comply with the requirements in the above documents; and WHEREAS, to date, property owned by Monroe County as habitat for threatened and endangered species has been sufficient to compensate for the permitted development on Big Pine Key and No Name Key; and WHEREAS, there is no longer surplus real property constituting habitat for threatened or endangered species owned by Monroe County sufficient to cover mitigation for public and private development; and WHEREAS, property sufficient to compensate for the effects of development will have to be provided in order to mitigate the effects; and WHEREAS, Monroe County finds It m the best interest of the public to establish a temporary moratorium on approval of allocations for building permits OIl Big Pine Key and No Name Key in order to detennine the extent of mitigation required and the method of exacting such mitigation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Incorporation of Recitals. The Board of County Commissioners adopts the preceding Findings of Fact and Conclusions of Law in support of its enactment of this Interim Development Ordinance. Section 2 . Interim Development Regulations. Commencing December I, 2007 Staff is directed to defer the allocation of ROGO and NROGO awards for Big Pine Key and No Name Key until land development regulations can be passed establishing methods and amounts of mitigation required for allocations for building permits on Big Pine Key and No Name Key, or for a period of six (6) months, whichever comes first, based on the quarterly evaluation and allocation system. Section 3. 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. Section 4. 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 or stayed as necessary during the effective dates of this ordinance. Section 5. Approval by tbe 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 6. 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 ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the _day of ,2007. Mayor Mario DiGennaro - Mayor Pro Tem Dixie M. Spehar - Commissioner Charles "Sonny" McCoy - Commissioner George Neugent - Commissioner Sylvia Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk /" /_~'j;-~'c'\ ;, '" '\\ ,," ,; I, ,'-" _,'\\ \ /: Ii ,.ciJt2- k 1~ , ~- ~ - ,S </',- ~~~'3 'l!Jj ~~~~:~\;;~J~ ~ MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners From: Susan Grimsley, Asst. County Attorney S~ Through: Andrew Trivette, Director of Growth Management Townsley Schwab, Acting Planning Director Date: October 26, 2007 Subject: PROPOSED INTERIM DEVELOPMENT ORDINANCE FOR BIG PINE KEY AND NO NAME KEY Meeting: November 14,2007 Proposal: At the October 10, 2007 meeting of the Planning Commission, the Commission instructed staff to draft an ordinance to cease the award of allocations on Big Pine Key and No Name Key for ROGO and NROGO until an ordinance determining the type and amount of mitigation necessary to allow development could be passed. The proposed ordinance directs staff to defer allocation of ROGO and NROGO awards for Big Pine Key and No Name Key until methods for mitigation for impacts to protected and endangered species can be established. The next ROGO allocations and rankings are scheduled for December 5, 2007. The next NROGO allocations and awards will be heard in March, 2008. A. Previous County Action BOCC - the Big Pine Key Habitat Conservation Plan was adopted as part of the Comprehensive Plan in April, 2003. The Master Plan for Future Development of Big Pine Key and No Name Key was adopted and effective in December, 2004. Monroe County applied for an Incidental Take Permit along with Florida Department of Transportation, and the Florida Department of Community Affairs in May 2003. The Incidental Take Permit is dated June 9, 2006. These documents require mitigation by land preservation in order to allow further development. Until this point, the County had enough land in its name to cover the mitigation required for new development. Development Review Commission - On November 6, 2007 the Development Review Committee will meet to review this moratorium and consider staff comments and those of the public. The Planning Commission is considering this moratorium at its November 7, 2007 meeting. B. Background Page 1 of 2 Reviewed by _____ W:.GROWTH MANAGEMENTHOCC'GMD Agenda Items\2007J 114\100 BPK & NO NAME KEY ROGO NROGO ALLOC A TIONS\susan.doc During the spring and fall of 2000 the residents and property owners of Big Pine and No Name Keys worked with Monroe County planning staff to develop the Master Plan for Future Development on Big Pine No Name Keys (Master Plan). However, in order for any new development to occur, including road widening improvements to US I, an Incidental Take Permit (ITP) permit from the U. S. Fish and Wildlife Service (USFWS) was required. Consequently, Monroe County, the Florida Department of Transportation, and the Florida Department of Community Affairs applied for an Incidental Take Permit (ITP). To comply with the issuance criteria of the ITP, Monroe County and the co-applicants were required to develop a Habitat Conservation Plan (HCP) to mitigate the incidental take of the Key Deer resulting from development activities. The mitigation measure proposed was land acquisition. The applicants proposed to acquire and conserve habitat lands totaling three (3) times the harvest value (H value) impacted by development. This proposal is incorporated into the Master Plan as Action Item 9.2.4, which proposes the creation of an environmental mitigation fee for land acquisition. The purpose of the mitigation fee is to establish a funding source for land acquisition and conservation, in order to ensure that development bears its fair share of mitigation. C. Intent - It is the intent of this interim development ordinance to temporarily halt award of building permits for new development (not repairs or reconstruction) in order to pass a mitigation ordinance. The mitigation ordinance has been drafted, and should be passed well within the six month time frame of the interim development ordinance. D. Consistency with Land Development Regulations and Comprehensive Plan This interim development ordinance is consistent with the Land Development Regulations and Comprehensive Plan because there are new issues as well as policies in the Big Pine Master Plan which need to be addressed. A moratorium is the only way to provide time to consider these issues and compose new regulations. E. Staff Recommendation Staff recommends approval of this ordinance at the November 14, 2007 meeting, because ran kings and allocations will be determined for ROGO by the Planning Commission on December 5,2007. In the event another hearing is held, it is recommended that the Board of County Commissioners direct staff not to process ROGO or NROGO awards and allocations effective December 1, 2007, for Big Pine and No Name Keys as the IDO and mitigation ordinances are in progress. n ordinances are in progress. Page 2 of2 Reviewed by __ W:IGROWTH MANAGEMENTBOCCIGMD Agenda Itcms120071114\IDO BPK & NO NAME KEY ROGO NROGO ALLOCA TIONSIsusan.doc T- (, Growtl1.M.t.nu:ement Division Board of County Commiuioners .:!,~I~ l)wn~',IS lIi;<hw;I\, \tbyur \1<.U;(1 Oi Gc-nnJro. DisL 4- ,'illlk #~i..X) :i~' ".\ \l<l)'w Pro T C-nl Dixi..: SrchJr, Disl. I j\ ttLHhl11l, fll1nda .~:{t1:iO COlllmissioner G\.'nrgc '\'cugcnr, Oisl. 2 \'llKl': C~l):i) 1X~J..l:;l)l) .tI I ""1':\ I: : , I' Clllnll1i".;innt:r (,harlc:s "Sonny" \k(,oy. OiSl .1 fA.\:: C~(X;) 2~~).2:i:Hj .i.'~ .=J :.'~ ,1:. ",,- ,-~J) Commissioner SylviiJ J, .\1urphy, Dist. 5 ";~r;:;}:::} " To: The Board of County Commissioners From: Townsley Schwab, Acting Director of Planning & Env. Res. Subject: The November 7, 2007, Planning Commission Interim Development Ordinance. Date: November 7, 2007 The Planning Commission, during their meeting today recommended, in a 5-0 vote. approval of the Interim Development Ordinance for Big Pine Key and No Name Key. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes - No X Department: Planning & Environmental Resources Staff Contact: Andrew Trivette, Division Director Susan Grimsley, Assist. Co. Atty. AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending Section 9.5-22(h)(2) of the Monroe County Land Development Regulations concerning Planning Commission meeting locations. ITEM BACKGROUND: Before 1996 Section 9.5-22(h)(2) of the Monroe County Code (MCC) provided that regularly scheduled bi-monthly meetings of the Planning Commission were to rotate between the Lower Keys and Upper Keys sub-areas. However, in 1996, due to greater case loads requiring public hearings in the Middle Keys, the MCC was amended to change the locations of the bi-monthly meetings to rotate between the Middle Keys and Upper Keys sub-areas, in order to provide services to affected property owners on matters requiring public hearings relating to minor or major conditional uses, variances, and administrative appeals. In April, 2007, the locations were changed to Key West and Key Largo, effective for meetings in 2008. In consideration of new issues that haven arisen due to changed projections and assumptions regarding budget considerations, the proposed text amendment changes the locations of all meetings to the middle keys (Marathon) with the flexibility to the Planning Commission to use its discretion to schedule special meeting in other sub areas as necessary. PREVIOUS RELEVANT BOCC ACTION: Rotate locations between Lower and Upper Keys prior to 1996 Rotate locations of Planning Commission meetings between Middle and Upper Keys - 1996 Locations changed to Key West and Key Largo - April 2007 CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year - APPROVED BY: County Atty 1L- OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 ORDINANCE NO. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 9.5-22(b)(2) OF THE MONROE COUNTY CODE CONCERNING PLANNING COMMISSION MEETING LOCATIONS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR THE REPEAL OF ALL INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR THE TRANS MITT AL OF THIS ORDINANCE TO THE STATE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 9.5-511(d)(5)(b) of the Monroe County Code, the Board of County Commissioners (BOCC) may adopt changes to the text or map of the land development regulation based on new issues; and WHEREAS, one of the bi - monthly meetings of the Planning Commission is in Key Largo; and WHEREAS, by Ordinance 007-2007 the BOCC changed the location of the second bi-monthly meeting from Marathon to Key West; and WHEREAS, recent budget constraints imposed by the State of Florida have required the County to cut its expenses and conserve on travel and promote more efficiency in its operations; and WHEREAS, the relocation of staff and equipment to Key Largo and Key West is not cost efficient; and WHEREAS, Marathon is centrally located for all Monroe County residents; and WHEREAS, the Planning Commission had a public hearing on November 7,2007 and received public input; NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The BOCC adopts the preceding recitals as findings of fact and conclusions of law in support of its decision to amend the text of the Monroe County Code. Section 2. Section 9.5-22 of the Monroe County Land Development Regulations is amended as follows: (2) The regularly scheduled (bi-monthly) meetings shall be held in Marathon or an appropriate location in the middle keys. rotate bet'//een the lower Keys and upper Keys sub areas. All items which relate to specific properties such as but not limited to minor and major conditional uses, variances and administrative appeals, shall be held at the regularly scheduled meetin~closest to the subject property. The planning commission may, in its discretion, schedule special meetings in the middle upper and lower Keys sub-area as required by the demand for such meetings. In cases where an item is postponed due to the lack of a quorum of the planning commission, the item shall be continued to a special meeting to be held in the same sub area within seven (7) working days. In cases where an item is postponed for any other reason, the item shall be continued to the next re!:,:rularly scheduled meeting. closest to the subject property. Items which are not related to specific properties, such as but not limited to text amendments to this chapter and comprehensive plan amendments, may be heard in Marathon in either the lovler or upper Keys locations, or the planning commission may, in its discretion, schedule such items for the most appropriate area or for additional meetings in each sub-area . including the middle Keys. Section 3. 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 4. Repeal of Conflicting Provisions. The provlSlons of the Monroe County Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Inclusion in tbe 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 6. Approval by tbe 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 7. 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 ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the _day of ,2007. Mayor Mario DiGennaro - Mayor Pro Tem Dixie M. Spehar - Commissioner Charles "Sonny" McCoy - Commissioner George Neugent - Commissioner Sylvia Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro (SEAL) ATTEST: Danny L. Kolhage, CLERK By: l~~F~ Deputy Clerk MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional amifair STAFF REPORT TO: THE BOARD OF COUNTY COMMISSIOERS FROM: Susan Grimsley, Assistant County Attorney S vflJ THROUGH: Townsley Schwab, ACTING DIRECTOR OF PLANNING AND ENVIRONMENT AL RESOURCES DEPRTMENT, AND ANDREW TRIVETTE, DIRECTOR, GROWTH MANAGEMENT DIVISION RE: TEXT AMENDMENT TO THE MONROE COUNTY CODE AMENDING SECTION 9.5-22(h)(2): TO CHANGE THE LOCATIONS OF THE REGULARLY SCHEDULED BI-MONTHL Y MEETINGS OF THE PLANNING COMMISSION TO THE MIDDLE KEYS MEETING DATE: November 14, 2007 I I. BACKGROUND: 2 3 The purpose of this text amendment is to provide more efficient service to 4 Monroe County residents, in consideration of new issues that have arisen due to changed 5 projections and assumptions regarding budget considerations. 6 Before 1996 Section 9.5-22(h)(2) of the Monroe County Code (MCC) provided 7 that regularly scheduled bi-monthly meetings of the Planning Commission were to rotate 8 between the Lower Keys and Upper Keys sub-areas. However, in 1996, due to greater 9 case loads requiring public hearings in the Middle Keys, the MCC was amended to 10 change the locations of the bi-monthly meetings to rotate between the Middle Keys and II Upper Keys sub-areas, in order to provide services to affected property owners on matters 12 requiring public hearings relating to minor or major conditional uses, variances, and 13 administrative appeals. In April, 2007, the locations were changed to Key West and Key 14 Largo, effective for meetings in 2008. 15 16 A. Characteristics of the proposed text amendment 17 (i) The proposed text amendment changes the locations of all meetings to the 18 middle keys (Marathon). 19 (ii) The proposed text amendment provides flexibility to the Planning ) 20 Commission to use its discretion to schedule special meetings in other CDocuments and Settings1tezanos-mayraLocal Settings Temporary Internet Files\OLK 13BIST AFF REPORT BOCC PC MEETING LOCATIONS susan.doc Page I of 3 I sub-areas for matters requiring public hearings nearest to property owners 2 affected by decisions relating to minor or major conditional uses, 3 variances, and specific properties. 4 (iii) The proposed text amendment provides flexibility to the Planning 5 Commission to use its discretion to schedule special meetings in the 6 Middle Keys sub-area for matters not related to specific properties, such as 7 text amendments to the Monroe County Code and comprehensive plan 8 amendments. 9 II. ANAL YSIS 10 II A. County requirements for changes to the land development regulations. 12 13 Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land 14 development regulations. Specifically, Sec. 9.5-51 I (d)(5)b sets forth six (6) criteria for 15 amending the land development regulations, at least one of which must be met. 16 17 Number (iv), New Issues: The budgetary concerns caused by the recent legislation 18 mandating a decrease in the County's budget has caused a decrease in some services, as 19 well as preventing an increase in the level of service for many sectors of the County. 20 Staff are out of the office 10% of the working month traveling just for the Planning 21 Commission. If meetings are held in Marathon, staff is able to work while other items are 22 discussed. 23 24 B. Consistency with the Comprehensive Plan. 25 26 The proposed text amendment effects a change in administrative procedures and is not 27 related to any specific element of the comprehensive plan. 28 29 C. Principles for Guiding Development 30 31 The ordinance is consistent with the Principles for Guiding Development in the Florida 32 Keys Area of Critical State Concern as a whole and is not inconsistent with any principle. 33 Specifically, the proposed text amendment furthers: 34 Principle (a): To strengthen local government capabilities for managing land use and 35 development so that local government is able to achieve these objectives without the 36 continuation of the area of critical state concern designation. 37 38 D. Effects on Property Owners: 39 40 Residents have access to see the Planning Commission meetings on the internet or on the 41 television. Residents of the Keys who want to attend in person will have to travel roughly 42 the same distance to Planning Commission meetings. Residents will benefit because 43 Planning Staff will not spend two days per month (10% of work hours) in locations 44 where no other work can be performed while waiting for agenda items to be called. C:'Oocuments and Settings'tezanos-mayra'Local Settings'Tempofmy Internet Files\OLK 13B'ST AFF REPORT BOCC PC MEETING LOCATIONS susan,doc Page 2 of 3 I Public participation is still available within reasonable driving time and distance, similar 2 to many other counties in Florida. Parking is available at the Marathon office, and is in 3 scarce supply in Key West during the day. 4 5 6 III. PROPOSED REVISION: 7 8 A text amendment to section 9.5-22(h)(2) of the Monroe County code to change the 9 regularly scheduled the meeting locations of the Planning Commission to Marathon, with 10 the flexibility to schedule special meetings in any sub-area. II IV. CONCLUSIONS: 12 13 1. The proposed text amendment is consistent with the criteria in Section 9.5-511 14 of the Monroe County Code for justifying decisions to amendment the text. 15 16 2. The proposed text amendment is in the interest of public welfare, and involves 17 less expense to the County and thus to the tax payers, as well as providing 18 more effective use of time by staff. 19 20 3. The proposed text amendment is not related to any specific element of the 21 comprehensive plan, and only involves a change in administrative procedures. 22 23 3. The proposed text amendment is consistent with the Principles for Guiding 24 Development in the Florida Keys Area of Critical State Concern as a whole, 25 and is not inconsistent with any principle. 26 27 28 V. RECOMMENDATION: 29 30 Staff recommends approval. 31 32 33 C: Documents and Settings\tezanos-mayra\Lflcal Settings\Temporary Internet FilesOLK 13BST AFF REPORT BOCC PC MEETING LOC A TIONS susan,doc Page 3 of 3 , ,-7 Growth Manuement Division Board of County Conunis.sioners 27~JS 1.1vt'T~t';l5 Highway Mayor Mario Di Gennaro, Di~t. 4 Suite #400 Mayor Pro Tern Dixie Spehar. Dist. I .\1arathon, florid.1 33050 Commissioner Gl.'orge Neugent. Di:::!. 2 Voice: (:{(Jfi) 2S!)-2.'iO(1 Commissioner Charles "Sonny" McCoy. Disl. J fA-X; (:{O.rl) 2X9-253G Commissioner Sylvia J. Murphy, Dist. 5 To: The Board of County Commissioners From: Townsley Schwab, Acting Director of Planning & Env. Res. Subject: Planning Commission Meeting Location Ordinance Date: November 7, 2007 -. The Planning Commission, during their meeting today recommended, in a 0-5 vote, against the location changes for the future Planning Commission Meetings. However, the Commission did recommend as an alternative that the BOCC authorize the use of funds to provide for videoconferencing so that all future meetings could be held in Marathon with videoconferencing capabilities set up in Key West and Key Largo. Please find, attached to this memo, the cost information relating to the Commission Locations. , . PLANING COMMISSION MEETING SITE COST ANALYSIS SUMMARY Key West, Marathon, Key largo 11/7/2007 TOTAL COST PER MEETING LOCATION KEY WEST $ 1,608.00 X 11 = $ 17,688.00 KEY LARGO $2,108.00 X 11= $ 23,188.00 Total Yr. - Key Largo/Key West $ 40,876.00 MARATHON $741.85 X 22 = $ 16,302.00 Total Yr. Marathon $ 16,302.00 NOTE: 1. The above figures represent the results of a comparative cost analysis on holding the Planning Commission Meetings at the three (3) sites noted above. The costs reflect staff hourly rates including benefits, mileage and lunch expenses when the meeting is held away form the respective staffs place of work. The cost for the commission members reflects the mileage expense to and from the meeting site and lunch expense when the meeting is out of the respective commissioner's town of residencelwork. 2. The total figures represent the attendance of the following participants: Growth Management Director, Planning Director, Assistant County Attomey, Plantation Key Planner, 2 Marathon Planners, Planning Commission Coordinator and all commission members. 3. The cost firgures representing 'Planner' is represented by the average of Planners, Planning T echs, Biologist and principal planners for estimating purposes. , . PLANNING COMMISSION MEETING SITE COST ANALYSIS KEY WEST 11f7!2007 Hours Unit Drlvil!Q M i1e!!lll Meal Costs Subtotals PO 2.75 $ 84.00 $ 231.00 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 Altom~ $ 74.00 $ - $ 0.45 $ - $ 13.50 $ - P/anner-PKJAV) 4.75 $ 51.50 $ 244.63 1BO $ 0.45 $ BO.l0 1 $ 13.50 $ 13.50 Planner:..LAYl 2.75 $ 51.50 $ 141.63 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 Planner:.LA ~ 2.75 $ 51.50 $ 141.63 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 PC Coor 3.75 $ 41.00 $ 153.75 100 $ 0.45 $ 45.00 1 $ 13.50 $ 13.50 Staff Subtotal $ 1,238.73 J. Commissioners - Mileage. Lunch J $ 232.00 Commission/Staff SUbtotal $ ~70.73 GMO 2.75 $ 97.00 $ 266.75 100 $ 0.45 $ 44.50 1 $ 1350 $ 13.50 Subtotal $ 324.75 CommisSionlStaff/GMD $ 1,608.73 . . PLANNING COMMISSION MEETING SITE COST ANAL YSIS KEY LARGO 11/7/2007 Hours Unit CO$tl Drivina Mileaae Meal Subtotals PO 2.5 $ 84.00 $ 210.00 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 Attorney 5 $ 74.00 $ 370.00 200 $ 0.45 $ 89.00 1 $ 13.50 $ 13.50 - Planner-PK lAY) 1 $ 51.50 $ 51.50 20 $ 0.45 $ 8.90 1 $ 13.50 $ 13,50 Planner IAv) 2.5 $ 51.50 $ 128.75 100 $ 0.45 $ 44.50 1 $ 13.50. $ 13.50 Planner(A v) 2.5 $ 51.50 $ 128.75 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 . PC Coor 3.5 $ 41.00 $ 143.50 100 $ 0.45 $ 45.00' 1 $ 13.50 $ 13.50 Staff Subtotal $ 1,389.90 J Commissioners - Mileage/Lunch I $ 321.00 Commission/Staff Subtotal $ 1,710.90 GMO 3,5 $ 97.00 $ 339.50 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 Subtotal $ 397 50 CommissionlStaff/GMD $ 2,108.40 . . . PLANNING COMMISSION MEETING SITE COST ANALYSIS MARATHON 11/712007 Hours OriYi!!Q Mile!!!te Meal Unit Cosy Subtotals PO 0 $ 84.00 $ . 0 $ 0.45 $ .. 0 $ 13.50 $ - Attorney 2.5 $ 74.00 $ 185.00 100 $ 0.45 $ 44.50 1 $ 13.50 $ 13.50 , .. Planner-PK-.iAYl 2.5 $ 51.50 $ 128.75 80 $ 0.45 $ 35.60 1 $ 13.50 $ 13.50 Planner (Ay) 0 $ 51.50 $ - 0 $ 0.45 $ - 0 $ 13.50 $ - Planner (A Y) 0 $ 51.50 $ .. 0 $ 0.45 $ - 0 $ 13.50 $ - PC Coor 0 $ 41.00 $ - 0 $ - $ - 0 $ 13.50 $ - Staff Subtotal $ 420.85 Commissioners - Mileage/Lunch $ 321.00 I Commission Subtotal $ 741.85 GMO 0 $ 97.00 $ - 0 $ 0.45 $ - 0 $ 13.50 $ . Subtotal $ - $ .. Commlsslon/Staff/GMO $ 741.85