Item B3
\,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 22. 2009 Division: Growth M9naq-ement
Bulk Item: Yes_
No X- Department: Planning & Environmental Resources
Staff Contact Person: Susan Grimsley.
Acting Director of Growth M~ement
AGENDA ITEM WORDING:
A public hearing to consider an ordinance adopting an amendment to Policy 101.2.6 of the Monroe
County 2010 Comprehensive Plan to extend the moratorium of new transient residential units until July
31,2010.
ITEM BACKGROUND:
The Board of County Commissioners held a public hearing in Marathon on July 13, 2009 and based on
the facts presented at the meeting, approved a resolution transmitting the proposed amendment to
Florida Department of Community Affairs (DCA). The DCA submitted its Objections,
Recommendations and Comments (ORC) report on September 14, 2009 with no comments regarding
the proposed amendment. The Planning Commission held a public hearing on June 10, 2009.
PREVIOUS RELEVANT COMMISSION ACTION:
July 13,2009 BOCC approved transmittal Resolution
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes
No N/A
REVENUE PRODUCING: Yes
SOURCE OF FUNDS: N/A
No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney _ OMB / Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM # ~ Q ~
DISPOSITION:
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2009
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING POLICY 101.2.6 OF
THE MONROE COUNTY 2010 COMPREHENSIVE PLAN
REGARDING THE MORATORIUM FOR TRANSIENT UNITS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING DIRECTOR TO FORWARD A
COpy TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR FILING WITH THE SECRETARY
OF STATE; PROVIDING FOR THE INCORPORATION INTO
THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings of Fact:
1. The Board of County Commissioners previously adopted Ordinance No. 47-1999 on
November 10, 1999, creating Sec. 9.5-120.5 (138-23) of the Monroe County Code,
which stated: New transient residential units, such as hotel or motel rooms, or
campground, recreational vehicle or travel trailer spaces, shall not be eligible for
residential ROGO allocations until January 1,2002.
2. The Board of County Commissioners adopted Ordinance No. 001-2002, to extend the
moratorium on new transient unit allocations from January 1, 2002 to December 31,
2006.
3. The Board of County Commissioners adopted Ordinance No. 001-2007, to extend the
moratorium on new transient unit allocations from January 1, 2006 to December 31,
2008.
4. The Board of County Commissioners directed staff to address the need for a
moratoriwn and such regulation of transient Rate of Growth (ROGO) allocations.
5. According to the Monroe County Tourist Development Council, the need for
additional transient units occurs when the average annual occupancy rate exceeds
90%.
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6. Any strategy to permit new transient units must address the impacts of transient units
on hurricane evacuation and workforce/employee housing through the adopted Permit
Allocation System.
7. The Planning Commission, at a regularly scheduled public hearing on June 10, 2009,
recommended that the moratorium be continued until the average occupancy rate
exceeds 90%, as evidenced by the Tourist Development Council annual trend report
of Monroe County occupancy rates.
8. The Board of County Commissioners at a special public hearing on July 13, 2009,
voted to transmit an amendment to Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan, to extend the existing transient unit moratorium until July 31,
2010.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Policy 101.2.6 shall be amended as follows:
By JaBuary 1, 199fi, Monroe County shall adapt LaRd De"y~lopmeBt Regulati0BS .y\~hieh
prohibit new transient residential units including hotel or motel rooms, campground
spaces, or spaces for parking a recreational vehicle or travel trailer until DeeeRlB0l' 31,
~ July 31. 2010. ~{eBroe COaBty shBJI either ex10_ this prohihitiOB UIlul Deeember
2ggfj or r~.ise 1M Permit ~\llo0atioR System to alleeate a pefeeBtage of resideBtial
gro~;;tB to tr&:BBieBt lIBitB.
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 22Dd day of October, A.D., 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
AITEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MONROE COUNTY 1/1T- ".E {
~~
Oat.: CJ r4- ? ~
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To:
Monroe County Planning Connnission
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be carln& professio1Ull and fIJir
Through:
Through:
Susan Grimsley, Interim Director of Growth Management
Townsley Schwab, Senior Director of Planning and Environmental
Resources
From:
Mitchell N. Harvey, AICP, Comprehensive Planning Manager
Date:
October 7, 2009
RE:
Extension of Moratorium for Transient Residential Units
Meeting Date:
October 22, 2009
1 L BACKGROUND
2
3 Policy 101.2.6 of the Monroe County Comprehensive Plan currently states:
4
5 By January 4, 1996, Monroe County shall adopt Land
6 Development Regulations which prohibit new transient residential
7 units including hotel or motel rooms, campground spaces, or
8 spaces for parking a recreational vehicle or travel trailer until
9 December 31, 2001, Monroe County shall either extend this
10 prohibition until December 2006 or revise the Permit Allocation
11 System to allocate a percentage of residential growth to transient
12 units.
13
14 For purposes of this staff report hotel or motel rootm, campground spaces, and
15 spaces for parking a recreational vehicle or travel tr811er will be referred to as
16 Transient Residential Units (TRUs).
17
18 The Board of County Commissioners (BOCC) at a transmittal public hearing on
19 July 13, 2009, reviewed the proposed amendment Policy 101.2.6 of the Monroe
20 County 2010 Comprehensive Plan. After review and consideration of the staff
21 recommendation and the recoDD11elldation of the Planning Commission, the
22 BOCC voted to amend the proposed Policy to extend the existing transient unit
23 moratorium until July 31, 2010, as follows:
24
25
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1 Policy 101.2.6:
2 By January 4, 1996, Monroe County shall adopt LaRd De'lelapmeftt Regulatiens
3 ,r.'RJhieh prohibit new transient residential units including hotel or motel rooms,
4 campground spaces, or spaces for parking a recreational vehicle or travel trailer
5 until Dooemher 31, 2001 July 31. 2010. Monri)s COlHlty sl19:l1 either eKteflG this
6 profti.9itiaB until Dee0Bleer 2006 or re'/iB8 tke PsftBit f~lloeatioB System to
7 alloeate a per'0emage ef resideBtial gre~l,,1h to transieBt units.
8
9 The Florida Department of Community Affairs submitted its Objections,
10 Recommendations and Comments (ORC) report for Amendment 02-09 to the
11 Monroe County 2010 Comprehensive Plan on September 14, 2009 and had no
12 comments regarding the proposed amendment to Policy 101.2.6.
13
14
15 II. PROCESS
16
17 Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan
18 may be proposed by the Board of County Commissioners (BOCC), the Planning
19 Commission or the Director of Planning. The Director of Planning shall review
20 and process amendments and pass them on to the Development Review
21 Committee and the Planning Commission for recommendation and final approval
22 by the BOCC.
23
24 The Planning Commission and the BOCC shall each hold at least one public
25 hearing on a proposed amendment. The Planning Commission shall review the
26 amendment, the reports and recommendations of the Department of Planning &
27 Environmental Resources and the Development Review Committee, and the
28 testimony given at the public hearing, and shall submit its recommendations and
29 findings to the BOCC. The BOCC shall consider the staff report,
30 recommendation, and testimony given at the public hearings and may either deny
31 the application or adopt or not adopt a resolution transmitting the proposed
32 amendment to the DCA. Amendments are then reviewed by the Florida
33 Department of Community Affairs and returned to the County with objections,
34 rejections and comments to be considered prior to adoption of the ordinance.
35 Then, an adoption hearing is scheduled for the BOCC.
36
37
38 III. ISSUES
39
40 The development of new TRUs will have an impact on a number of health, safety
41 and quality of life issues such as: hurricane evacuation, workforce/employee
42 housing, wastewater treatment (water quality), traffic volumes and increased
43 demand on the natural environment through increased use of the reefs, and the
44 waters off the Florida Keys. One of the main objectives of creating an ordinance
45 to promote redevelopment and/or permit new TRUs is to mitigate and if possible
46 eliminate the negative impacts of new TRUs.
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1
2 Employee\Workforce Housing
3
4 The current cost of housing (for rent or sale) in the Florida Keys have led
5 hotels/motels and other service employers to hire workers who have to commute
6 anywhere from 1 to 3 hours from the mainland. With the creation of new TRUs,
7 this demand for more affordable employee\workforce housing will increase.
8
9 It should be the goal of any ordinance that allows new TRUs to also mitigate the
10 demand for affordable employee\workforce housing. This is to be accomplished
11 by requiring the redevelopment/development of new TRUs to provide
12 employee\workforce housing by providing residential units as part of their project
13 (on-site or off-site) or by payment into an affordable housing fund. All existing
14 inclusionary zoning requirements for affordable housing associated with transient
t 5 residential units will continue to apply and be enforced thorough the Monroe
16 County Code.
17
18 Wastewater Treatment
19
20 Monroe County is under a state mandate to have a central wastewater system by
21 2010. The development of new TRUs should not be pennitted unless the
22 development can meet the standards and requirement of the Year 2010 mandate.
23 Therefore, new development ofTRUs should be directed and only encouraged in
24 those areas with central wastewater systems or to areas that will have central
25 wastewater systems in operation when the TRU project is completed.
26
27 Traffic Volumes
28
29 The addition of new TRUs may result in the addition of new traffic impacts.
30 New TRU developments should be designed to minimize traffic impacts by
31 including onsite amenities that would limit the need to drive to restaurants, retail
32 stores, or other attractions. Furthermore, new TRU developments should be
33 encouraged to locate adjacent to existing amenities such as restaurants, or retail
34 stores.
35
36 Another strategy would be to encourage visitors to use other modes of
37 transportation such as walking, bicycling, or bus service. New TRUs are
38 encouraged to include bicycle and pedestrian facilities that provide a connection
39 to surrounding amenities, provide bus service for guests, or provide transit
40 amenities such as bus shelters.
41
42 Hotel Occupancy Rates
43
44 Occupancy rates are a travel industry standard for assessing the ability of
45 available beds to meet existing and anticipated demands. The Monroe County
46 Tourist Development Council (TOe) maintains a database for occupancy rates
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1 which is prepared by Smith Travel Research. Between 1999 and 2008, the
2 average annual county-wide occupancy rate for Monroe County has varied from
3 66.4% (2001) to 72.20A> (2003) (See attached).
4
5 The Study of Economic Impact of Conversion of Commercial Lodging Properties
6 to Condominiums, prepared for the Pinellas County Board of County
7 Commissioners by Wilbur Smith Associates (February 2005), cites 90% as the
8 threshold where visitors to an area may be lost after 90% occupancy is reached.
9 This would therefore be an acceptable standard that could be used to justify
10 maintaining a transient use moratorium until this threshold is reached in Monroe
11 County.
12
13 Hurricane Evacuation
14
IS Policy 216.1.8 of the Monroe County 2010 Comprehensive Plan states:
16
1 7 Approximately 48 hours in advance of tropical storm winds, a
18 mandatory evacuation of non-residents, visitors, recreational
19 vehicles (RV's), travel trailers, live-aboards (transient and non-
20 transient) and military personnelfrom the Keys shall be initiated.
21
22 The occupants of TRUs would therefore evacuate far ahead of the permanent
23 resident population, who require evacuation 24 hours prior to landfall of a major
24 hurricane.
25
26
27 IV. Consistency with the Principles for Guiding Development in the Florida
28 Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7).
29 For the purposes of reviewing consistency of the adopted plan or any
30 amendments to that plan with the principles for guiding development and any
31 amendments to the principles, the principles shall be construed as a whole and no
32 specific provision shall be construed or applied in isolation from the other
33 provisions.
34
35 (a) To strengthen local government capabilities for managing land use
36 and development so that local government is able to achieve these
37 objectives without the continuation of the area of critical state concern
38 designation.
39 (b) To protect shoreline and marine resources, including mangroves,
40 coral reef formations, seagrass beds, wetlands, fish and wildlife, and
41 their habitat.
42 (c) To protect upland resources, tropical biological communities,
43 freshwater wetlands, native tropical vegetation (for example,
44 hardwood hammocks and pinelands), dune ridges and beaches,
45 wildlife, and their habitat.
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1 (d) To ensure the maximum well-being of the Florida Keys and its
2 citizens through sound economic development.
3 (e) To limit the adverse impacts of development on the quality of
4 water throughout the Florida Keys.
5 (f) To enhance natural scenic resources, promote the aesthetic benefits
6 of the natural environment, and ensure that development is compatible
7 with the unique historic character of the Florida Keys.
8 (g) To protect the historical heritage of the Florida Keys.
9 (h) To protect the value, efficiency, cost-effectiveness, and amortized
10 life of existing and proposed major public investments, including:
11 1. The Florida Keys Aqueduct and water supply facilities;
12 2. Sewage collection and disposal facilities;
13 3. Solid waste collection and disposal facilities;
14 4. Key West Naval Air Station and other military facilities;
15 5. Transportation facilities;
16 6. Federal parks, wildlife refuges, and marine sanctuaries;
17 7. State parks, recreation facilities, aquatic preserves, and other
18 publicly owned properties;
19 8. City electric service and the Florida Keys Electric Co-op; and
20 9. Other utilities, as appropriate.
21 (i) To limit the adverse impacts of public investments on the
22 environmental resources of the Florida Keys.
23 (j) To make available adequate affordable housing for all sectors of the
24 population of the Florida Keys.
25 (k) To provide adequate alternatives for the protection of public safety
26 and welfare in the event of a natural or manmade disaster and for a
27 post disaster reconstruction plan.
28 (I) To protect the public health, safety, and welfare of the citizens of
29 the Florida Keys and maintain the Florida Keys as a unique Florida
30 resource.
31 Staff finds the proposed amendment consistent with the Principles for Guiding
32 Development as a whole and is not inconsistent with anyone principle.
33
34 V. Staff Recommendation:
35
36 Staff recommends approval to the Monroe County Board of County
37 Commissioners.
38
39
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. .2:!!. - 2_
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMI'lTlNG TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN
ORDINANCE OJ' TIlE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING POLICY 101.1.6
REGARDING TIlE MORATORIUM ON NEW TRANSIENT
UNITS, SUCH AS HOTEL OR MOTEL ROOMS, OR
CAMPGROUND, RECREATIONAL VEmCLE OR TRAVEL
TRAILER SPACES.
WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings ofFset:
1. The Board of County Commissioners previously adopted Ordinance No. 47-1999 on
November 10, 1999, creating Sec. 9.5-120.5 (138-23) of the Monroe County Code,
which stated: New transient residential units, such as hotel or motel rooms, or
campground, recreational vehicle or travel trailer spaces, shall not be eligible for
resitkntlal ROOD allocations until January I, 2002.
2. The Board of County Commissionen adopted Ordinance No. 001-2002, to extend the
moratorium on new transient unit allocations from January 1, 2002 to December 31 t
2006.
3. The Board of County Commissioners adopted Ordinance No. 001-2007, to extend the
moratorium on new transient unit allocations from January 1, 2006 to December 3 t,
2008.
4. The Board of County Commissioners directed staff to address the need for a
moratorium and such regulation of transient Rate of Growth (ROGO) allocatioDS.
s. According to the Monroe County Tourist Development Council, the need for
additional transient units occurs when the average annual occupancy rate exceeds
9()OAs.
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6. Any strategy to permit new transient units must address the impacts of transient units
on hurricane evacuation and workforce/employee housing through the adopted Permit
Allocation System.
7. The Planning Commission, at a regularly scheduled public hearing on June 10, 2009,
recommended that the moratorium be continued \mill the average occupancy rate
exceeds 9()OA., as evidenced by the Tourist Development Council annual trend report
of Monroe County occupancy rates.
8. The Board of County Commissioners at a special public hearing on July 13, 2009,
voted to amend the Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan,
to extend the existing transient unit moratorium until July 31, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, THAT:
SeetlOD 1. Policy 101.2.6 shall be amended as follows:
By J8RlIIIIY ~, 199', Monroe County shall Bdept Lead I~:el8JHB.8t ReaulatieBB '\_88
prohibit new transient residential units including hotel or motel rooms, campground
spaces, or spaces for parking a recreational vehicle or travel trailer until D..III1I>>. 31,
~ July 31. 20 10. M8Br88 Cetlllty sII8Il .tIler 8JfteBa this pNlHitisa _1 n"8IIl8er
2_ Sf lWViee tit. PSRIHt ~~18e"8B 8)stelR 18 alleeote a ,_tea_ ef reskleatial
pe-:Jth te tf8B8i_t lJIlits.
SedlOIl 2. The Board of County Commissioners does herebf transmit the
proposed amendment as part of the second (2nd) set of comprehensive plan amendments
for 2009 to the Florida Department of Community Affairs for review and comment in
accordance with the provisions ofF. S. Sec. 163.3184; and
SeetiOD 3. The Monroe County staff is given authority to prepare and submit
the required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 91-11.006 of the Florida Administrative Code; and
SeetiOD 4. The Clerk of the Board is hereby directed to forward a certified
copy of this resolution to the Director ofPlanniI1l.
REMAINDER OF PAGE LEFr INTENTIONAL Y BLANK
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....
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 1311I day of July, A.D., 2009.
Mayor George Neugent Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Kim Wigington Y"8
Commissioner Heather Carruthers Yes
Commissioner Mario Oi Gennaro Yes
j I
I.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COhRIDA
BY ~. '().,.,..,~
Mayor George Neugent
(SEAL)
ATTEST: D~L.KOLHAGE,CLERK
..t:6a.t. (L C. ~1V
DEPUTY CLERK
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