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Item P2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 20, 2013 Division: Growth Management Bulk Item: Yes NoX Department: Plam'na & Environmental resources Staff Contact Person/Phone ##: Christine Hurley — 289-2500 AGENDA ITEM WORDING: A public hearing to consider an Ordinance to amend Section 138- ) of the Monroe County Code to clarify that, in addition to hotels, lawful transient Residential Rate of Growth Ordinance (ROGO) exemptions (TRE's) may be transferred to recreational vehicle (RV) parrs. ITEM BACKGROUND. Comprehensive Plan Policy 101.5.8 establishes the parameters of a THE program. The policy allows for the transfer off -site of dwelling units, mobile homes, hotel rooms, motel rooms, RV spaces, and campground spaces, provided that the units to be transferred are lawfully established. The Comprehensive Plan does not prohibit the off` -site twsfer of TEE's associated with transient residential units to ITV park developments. However, currently, the Land Development Code only allows the transfer of TRE's to hotel developments and as such, indirectly prohibits the transfer of Tl 's to RV park developments. Allowing transient residential units to be transferred off -site to hotel developments, but not RV parry developments, is in conflict with the definition of transient residential unit, which includes a hotel/motel room and a space for parking a recreational vehicle or travel trailer. Further, the impacts of a hotel and RV park are similar and staff could not find any purpose in limiting the transfer of TRE's to hotel developments. 1n addition to other existing criteria related to tier and flood zone, the transfer of TIDE' s would be limited to the same LOGO subarea, with the exception that ROGO exemptions associated with transient residential units may be transferred from the Big pine and No Name Key ROGO subarea to the Rawer Keys ROGO subarea (however not from the Lower Keys ROGO subarea to the he Big pine and No Name Key ROGO subarea). The County has adapted numerous Comprehensive Plan policies, the Big pine Key and No Name Key Habitat Conservation Plan and the Big pine Key and No Name Key Livable CommuniKeys Community Master plan to address the special environmental issues associated with Big Pine and No Name Keys, including those related to protection of federally -protected species, the prioritization of acquiring habitat areas and the prevention of further encroachment on natural resources. Allowing the transfer of transient residential units from Big Pine Key and No Dame Key to other locations within the Lower Keys sub -area (which Big Pine and No Dame Key were originally part with the adoption of ROGO in 1992, but later separated into an independent ROGO subarea) will facilitate the County's goal of implementing the adopted regulatory documents - by reducing the number (and impact) of transient residential units. During a regularly scheduled meeting held on December 18, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the BOCC. During a regularly scheduled meeting held on February 27, 2013, the Planning Commission reviewed the ordinance and recommended approval to the BOCC., PREVIOUS RELEVANT BOCC ACTION :None. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Staff recommends approval. .. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE. COST TOCOUNTY: REVENUE PRODUCING: Yes No LYRE OF FUNDS* _. 4 AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing _ Risk Management DOCUMENTATION: Included x Not required DISPOSITION: AGENDA ITEM ## MEMORANDUM ONROE COUNTY PLANNING & ENVIRONMENTAL REsouRCEs DEPARTMENT To: Monroe County Board of County Commissioners Through: Christine Hurley, AI P, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental resources From: Joseph Haberman, AI P, Planning & Development Review Manager Date: February 28, 2013 Sub *e t: AN ORDINANCE BY THE MONROE COUNT BOARD OF COUNTY COMMISSIONERS AMENDING MONROF COUN77 CODE SECTION 1 8- ( )} CLARIFYING THAT LA WF L TRANSIENT RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO) EXEMPTIONS 1UY BE TRANSFERRED TO RECREATIONAL VEHICLE (RV) PARKS, ', AS WELL AS A HOTELS; PROVIDING FOR E FR BILIIT; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNTNG AGENCYAND THE SECRETARY OF STATE; PROVIDING FOR CODIFICA TI N; PR O VIDIN FOR AN EFFECTIVE DATE. Meeting: March 20, 2013 1 I REQ ET 3 4 The Planning & Environmental resources Department is proposing amendments to the text 5 of 138- () of the Monroe County Code. The purpose of the proposed amendment is to 6 clarify that lawful transient residential late of Growth Ordinance (ROGO) exemptions may 7 he transferred to recreational vehicle parks, as well as hotels. In addition, the proposed amendment would clarify other existing processes and improve the readability of the 9 subsection. 10 1 I II RELEVANT PRIOR COUNTY ACTIONS: 1 13 In part to provide regulations Outlining the Transfer of RO O Exemption (TRE) program, 14 the County established MCC § 13 - (formerly . -1 0). 15 16 During a regularly scheduled meeting held on December 18, 2012, the Monroe County 17 Development Review Committee reviewed the ordinance and reconu ended approval to the 18 BO. 1 0 ]wring a regularly scheduled meeting held on February 27, 2013, the Planning Commission 1 reviewed the ordinance and recommended approval to the BOCC. 22 23 Page I of 5 (File N20 1 2-1 65) I IIl REVIEW 2 3 Comprehensive Plan Policy 101.5.8 establishes the parameters of a Transfer of RO O 4 Exemption (TRE) program. The policy allows for the transfer off -site of dwelling units, mobile hones, hotel roams, motel rooms, recreational vehicle spaces, and campground 6 spaces, provided that the units to be transferred are lawfully established. The Comprehensive 7 Plan does not prohibit the off -site transfer of TRE's associated with transient residential units to RV park developments. However, currently, the Land Development Code only allows the transfer of TRE's to hotel developments and as such, indirectly prohibits the transfer of ` 10 TRE's to RV park developments. 11 12 Allowing transient residential units to be transferred off -site to hotel developments, but not 13 RV park developments, is in conflict with the definition of tramient residential unit, which 14 includes a hotel/motel room and a space for parking a recreational vehicle or travel trailer. 15 Further, the impacts of a hotel and RV park are similar and staff could not find any purpose 16 in limiting the transfer of TRE's to hotel developments. 17 18 The transfer off -site of lawfully existing transient residential units would not conflict with 19 Comprehensive Plan Policy 101.2.6, as such a transfer does not create additional, new 0 transient units, but simply allows the transfer to another location. Further, for a pending 1 major hurricane (category -5), Monroe County implements a staged/phased evacuation 22 procedure to achieve and maintain an overall 4-hour hurricane evacuation clearance time for 23 the resident population, pursuant to Comprehensive Plan Policy 216.1.8. The evacuation 4 procedure for visitors staying at a hotel or motel room or a RV are mandated to evacuate 4 5 hours in advance of tropical storm winds (evacuate within the same phase). 2 7 In addition to other existing criteria related to tier and flood zone, the transfer of TRE's 28 would be limited to the same RD O subarea, with the exception that RD D exemptions 9 associated with transient residential units may be transferred from the Big Pine and No Name 30 Key ROGO subarea to the Lower Keys ROO subarea (however not from the Lower Keys 31 RDO subarea to the he Big Pine and No Name Key ROO subarea). The County has 32 adopted numerous Comprehensive Plan policies, the Big Pine Ivey and No Dame Key 33 Habitat Conservation Plan and the Big Pine Key and No Name Ivey Livable CommuniKeys 34 Community Master Plan to address the special enviromnental issues associated with Big Pine 35 and No Name Keys, including those related to protection of federally -protected species, the 36 prioritization of acquiring habitat areas and the prevention of further encroachment on natural 37 resources. Allowing the transfer of transient residential units from Big Pine Key and No 38 Dame Key to other locations within the Lower Keys sub -area (which Big Pine and No Name 39 Key were originally part with the adoption of RDGO in 1992, but later separated into an 40 independent ROD subarea) will facilitate the ounty's goal of implementing the adopted 41 regulatory documents - by reducing the number (and impact) of transient residential units. 4 43 Therefore, staff recommends the following changes (Deletions are { t r c k eT E 4�and 44 additions are underlined. Text to remain the same is in black): 4 46 See. 138-2 * Type of development not affected. Page 2 of 5 (Rile ##2012-165) 1 2 3 4 5 6 7 9 10 11 1 13 14 1 16 17 1 19 20 1 22 4 5 26 8 29 30 31 3 33 34 3 3 37 3 3 40 41 4 43 44 45 The residential ROGO shall not apply to the development described below: (2) Transfer of, -site. Transfer off site shall consist of either the demolition of a dwelling unit on s rter a change of use i rem rig ii E ttn oEt l€] OR 1' &LT -r -' f the floor area of dwelling unit on a sender site to another permitted use in the applicable land use zoning) district that does not require the ROGO exemption and the development of a new transient residential unit or affordable housin unit on a receiver site as follows } a. Eligibility of sender unit or space. In order to be an eligible sender unit or space, the unit or space shall be a A hotel room, motel room, camj2ground space, recreational vehicle space, mobile home, or dwelling unitFcnnpp t rat is found to have been lawfully established pursuant to subsection . b. Criteria for redevelopment of -site. i �e a - I V er S} j+ r 4 r 1° u a f: iZ 9 ■ +' 1. ri'-3 T7 Z':. 1. Transfer to a hotel, motel, or recreational vehicle park+ lawfull established hotel room, motel room, cannparound space, or recreational vehicle space ma be ,�e eEe transferred off -site to another hotel} motel or recreational yeWc le park if the: (i) The sender S unit is an eligible _c cm tic and .%wr%rk tL . 'was used as a transient residential unit in accordance with section 101-1; and (ii) The receiver Reel ver site/unit meets all of the following criteria: (AA) 4s The receiver site is located in the same ROGO o subarea as the sender site, with the exception that ROGO exemptions associated with transient residential dwelling _units Emav be transferred from the Big Pine and No Name Kerr ROGO subarea to the Dower lees Roo subarea} (BB) -w4h-k-P T receiver unit _shall onlye con tt-ucted within a) a tier III designated area or ' ' a tier III -A (special protection area) designated area _ where the development does not involve the clearing of any pkeFtwn -&I . [in- Ups native habitat patch el - ooe ifttaj Lrea r . Ise L �$ and � e � raa zfr r. S CC) The receiver unit shall not be constructed within a velocity (V) zone. . Transfer to affordable housing. A_ia fully established d eliing unit_may be transferred off -site 1 t e all itb:e h us kii� revel i t f Ily 4L jJ TI�3'LLTL. �j % . _�. T a i The sender uni( is an eligible ROGO exemption and provided that it was used as a permanent residential _ unit_i n_accordance with section 101 - 1_3 and (iij The receiver site meets all of the followin criteria: (AA) The receiver pfepesed unit is shall be an affordablelousing unit pursuant to sections 1014 and 130-1 1; (BB) The receiver site is located in the same ROGO subarea as the sender site; Page 3 of 5 (File #2012-16 ) 2 3 4 5 6 7 8 9 10 11 1 13 14 15 1 17 18 1 20 1 22 4 25 7 29 28 31 3 3 34 35 36 37 8 9 40 41 4 43 44 4 4 C. 51 �Cc�,in The receI. iver unit shall only be constructed within aka tier III designated area or within a tier 111-A (special protection area) designated area fly _ where i p t does_not involve the clearing of any portion native habitatsof en k! (l�l��receiver unit shall not be constructed within q�, , f f, hli a velocity (V) zone, Procedresor transfer off -site. 1, A � - 12re-ap�l iatio conference and, a nYinor conditional use pennit approval shall be required for both the sender site and the receiver site. The minor conditional use for the transfer shall be reviewed pursuant to = ntt standards in this �n subsection and not _ f4N." the standards provided in section 110-6 7. R e � %e . - P • �m�, . s dart of the minor conditional use Nrmit ap roval process, mailing of notice shall be required to owners of real propegy located within 300 feet of the receiver site and owners of real pro grty. jocated within 300 feet of the sender site. The receiver shall he Pwed in accordance with sections 11 0-5(h) and 110-6 . posting of notice, as required. to section 11 0-5(f) shall be required for the receiver site, but not the sender site. 2. A sender unit shall be assigned a unique identifier number that shall be used for tracking and monitoring by the planning department. Multiple units to be transferred from a sender site to a sinal a receiver site may be authorized under a single minor conditional use permit approval. The unique identifier number shall be itemized to the minor - conditional use permit develoment orders and _ buildi j � permits required for both the sender and receiver sites. L Conditions for issuance of ` permit. No building permit shall be issued for the new transient residential unit or affordable housing unit on the receiver site until one of the following conditions is met: 1. The dwelling unit to be transferred is demolished as per an issued demolition permit and a final inspection of the demolished or removed dwelling unit or space has been completed by all necessary county staff n e ` . . The structure in which the dwel l ins unit to be transferred is located is converted to another permitted use as per an issued building permit and a final certificate of occupancy for the conversion has been issued Ee fie - I , _ e �,a. n, ' _ .. r- ' ��. _ ._ �bz st rati n of a sender site eonsxstent with an approved restoration/re-vegetation plan. Page 4 of 5 (File #2012-165) 1 2 3 4 5 6 7 8 9 10 11 1 13 14 1 16 17 IV RECOMMENDATION Staff has found that the proposed text amendment would be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Flan and the Monroe County Code. Further, staff` has found that the proposed text amendment would be 1n compliance With the provisions of § 10 -1 d)(5)(b)t 1 a Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; 4. New issues- 5. Recognition of a need for additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that the proposed text amendments are necessary due to a recognition of a need for additional detail or comprehensiveness. Staff recommends that the Board of County Commissioners amend the Monroe County Code as stated in the text of this staff report. Page 5 of 5 (File # 01 -165) MONR E COUNTY, FLORIDA IHNR E COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. AN ORDINANCE BY THE M NROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION I38- 2( )-* CLARIFYING THAT LAWFUL TRANSIENT RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO) EXEMPTIONS MAY BE TRANSFERRED TO RECREATIONAL VEHICLE (RV) PARKS, AS WELL AS A MOTELS* PROVIDING FOR EVERABILITY-o PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR ODIFI ATION-o PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County Comprehensive Plan Policy 101.5.8 establishes the parameters of a Transfer of ROO Exemption (TRE) program, which allows for the transfer off -site of hotel rooms,, campground spaces and/or recreational vehicle (RV) spaces to another site provided that the units to be transferred were lawfully -established-, and WHEREAS, the Monroe County Comprehensive Plan does not prohibit the off -site transfer of lawfully -established ROOO exemptions associated with transient residential units to RV park developments-- and WHEREAS, allowing transient residential units to be only transferred off -site to hotel development, but not RV park developments, conflicts with the definition of transient residential t nk, as set forth in Section 101-1 of the Monroe County Code, which includes both a hotel/motel room and a space for parking a RV or travel trailer, and WHEREAS, the transfer off -site of lawfully -established transient residential units does not conflict with Monroe County Comprehensive Plan Policy 101.2.6, as the transfer does not create additional, new transient units} but simply allows the transfer to another location; and WHEREAS, for a pending major hurricane (category - ), Monroe County implements a staged/phased evacuation procedure to achieve and maintain an overall 4-hour hurricane evacuation clearance time for the resident population, pursuant to Monroe County Comprehensive Plan Policy 1 .1. 8 ; and Page 1 of 5 WHEREAS, the evacuation procedure for visitors staying at a hotel/motel room or within a RV/travel trailer are mandated to evacuate 48 hours in advance of tropical storm winds (evacuate within the same phase); and WHEREAS, the transfer of lawf ally-establi shed transient residential units would be limited to the same ROGO subarea, with the exception that ROGO exemptions associated with transient residential units may be transferred from the Big Pine and No Name Key ROO subarea to the Lower Keys 1 O O subarea (however not from the Leger Keys 1 O O subarea to the he Big Pine and No Name Key ROGO subarea). The County has adopted numerous Comprehensive Plan policies, the Big Pine Key and No Name Key Habitat Conservation Plan and the Big Pine Key and No Name Key Livable CommuniKeys Community Master Plan to address the special environmental issues associated with Big Pine and No Name Keys, including those related to protection of federally -protected species, the prioritization of acquiring habitat areas and the prevention of further encroachment on natural resources. Allowing the transfer of transient residential units from Big Pine Key and No Name Key to other locations within the Lower Keys subarea (which Big Pine and No Name Key were ongrnally part with the adoption of ROGO in 1992, but later separated into an independent 1OO subarea) will facilitate the ounty's goal of implementing the adopted regulatory documents - by reducing the number (and impact) of transient residential units; and WHEREAS, based upon the information and documentation submitted, the Commission makes the following Conclusions of Law: 1 ) the text amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern-- ) the text amendment is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and ) the text amendment is consistent with the provisions and intent of the Monroe County Code; and WHEREAS, during a regularly scheduled meeting held on December 18, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, during a regularly scheduled public hearing held on February 27, 2013, the Monroe County Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners-, NOW,, THEREFORE, BE IT ORDAINED ED BY THE MONROE COUNTY BOARD of COUNTY COMMISSIONERS-. Section 1. Section 1 -() of the Monroe County Code shall be amended as follows (deletions are and additions are underlined): See. 13 - 2. Type of development not affected. The residential ROGO shall not apply to the development described below: Page 2 of 5 (2) Transfer off -site. Transfer off -site shall consist of either the demolition of a dwelling on a sender site or a change of use a - site -of the floor area of dwelling unit on a sender site to another t)enmtted use in the applicable land use zonin district that does not r� r uie the RGO eem Lion and .__ � ..,. .._ � ,.� the development of a new transient residential unit or affordable housing unit on a receiver site as follows ' F at Eligibility of sender unit or space. In order to be an eligible sender wit or she, the unit or sj2ace shall be a hotel morn, motel room c=pgound Mace, recreational vehicle s a mobile home, or dwelling unit. .anapa found to have been lawfully establishedyursuant to subsection 1. b. Criteriafor redevelopment of site. site M 1. Transfer to a hotel motel or recreational vehicle park. A hetWO, lawfull established hotel room m2tel morn cam ound space, or recreational vehicle Vace may be tr"ferrd off --site to another hotel .,.Motel or recreational vehiclear if the: (i) The sender unit is an eligible RO O exemption and was used as a transient residential unit in accordance with section 10 1-1 } and (fi) The receiver site/unit meets all of the fallovnng criteria: (AA)49 The receiver site is located in the sane ROGO subarea as the sender site with the exceDtion that RO O e em tions associated with transient residential dwelling units mu be transferred from the Biz Pine and No Name Kev ROGO subarea to the Dower Keys ROGO subarea; (BB) ` The receiver unit shall only be constructed within a a tier III designated area or IZ) a tier III --A (special protection area) designated area where the development does not involve the clearing of any ' native habitat . and (CC) The receiver unit shall not be constructed within a veloci zone. . Transfer to affordable housing. An A lawfully established dwellm" unit mgy be transferred off -site if the icth t , 111M (i) The sender unit is an eligible ROGO e em tion and.provided that it was used as a Dennanent residential unit in accordance with section 101-1. and (ii)The receiver site meets all of the following criteria: (AA The receiver unit ie shall be an affordabl housing ut pursuant to sections 10 1-1 and 1 30-1 1; LB�s The receiver site is located in the sar ne ROGO subarea as the sender site; (CC) ... The receiver unit shall only be constructed within al a tier III designated area or b within a tier III -A (special protection area designated area where the devel ment does not involve the clearing of any portion native habitat --maLand Page 3 of IDI The receiver unit shall not be constructed within Ar. yAL.J QJ Aian#lad i velocity (V) zone. e. Procedures for transfer off -site. -site. l ■ pre-apl2lieation conference and, at �� .. a mm" Or conditional use permit gpnroval shall be required for both the sender site and the receiver site. The minor conditional use for the transfer shall be reviewed pursuant to standards in this subsection and not + the standards provided in section 110, 7, . As art of the minor conditional use vermit a roval roeess mmflffig of notice shall be re uired to owners of real locatediwthin 300 feet of the receiver site and owners of real mopgrty located within Soo feet of the sender site. The receiver shall be Dosted in accordance with sections 110-5ffiLand 110-6 ■ Posting -of notice as required in section 110- shall be M uired for the receiver site but not the sender site, . A sender unit shall be assigned a unique identifier number that shall be used for tracking and monitoring by the planning department. Multiple units to be transferred from a sender site to a sin le receiver site may be authorized under a single nu'nor conditional use permit approval, The un.igue identifier number shall be itemized in the minor conditional use permit develo ment orders and buildin rmits r w' ed for both the sender and receiver sites. . ts d. Conditions for issuance of permit. No building permit shall be issued for the new transient residential unit or fordable housing L unlit on the receiver site until one of the following conditions is net: 1. The dwellxn� unit to be transferred is demolished as per an issued demolition permit and a final inspection of the demolished or removed dwelling unit or space has been completed by all necessary cognly staff - ... . The structure in which. the dwelling unit to be transferred is located is converted to another Dermitted use as ner an issued building. pennit and a final certificate of occLapancy for the conversion has been issued a ■ ■ ,r 3. Restoration of the sender site consistent with an approved restoration/re-vegetation plan. Section 2. Severabili, If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Page 4 of 5 Seadon 3. Confilcgng Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision appropriate of any federal, state, or County law, rule code or regulation, the more restrictive shall apply, wdon 4. Trans�itt . This ordinance sha11 he transmitted to the Florida State Land Planning Agency as required by F. S. 380.0 (11) and RS, 380.05 (). Seen 5. F In * This ordinance shall he filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Florida State Land Planning Agency or Administration Commission approving the ordinance,, Sections 6* Inclusion in the Monroe Cauuty Code* The provisions of this Ordinance shall he included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall he appropriately renumbered to conform to the uniform marlKing system of the Code. Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. This ordinance applies to any applicable application submitted after the effective date. PASSE! AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of _.�2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy Commissioner David lice MONROE COUNTY BOAR'S of COUNTY CONMUSSIONERS Attest: Array Heavilin, Clerk Deputy Clerk By Mayor George Neugent O-4ROE COUNTYATTORNEY APPROVED AS TO FORM: page 5 Of 5a e4_� %OSAN M. GRlm&LEY ASS STANT COUNTY ATTORNEY