Item H7County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
March 15, 2017
Agenda Item Number: H.7
Agenda Item Summary #2727
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
n/a
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, directing the Monroe County Planning and Environmental Resources
Department to process an ordinance to defer the approval of new private applications for
comprehensive plan or land development code amendments, development agreements (including
380 development agreements), and minor and major conditional use permits (excluding applications
proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated
people" or "two unrelated people and any children related to either of them" of a dwelling unit, and
applications utilizing the term "lock- out," commencing March 15, 2017, until the BOCC can review
and possibly amend the comprehensive plan and land development code regarding the definitions of
dwelling unit; household; family and the undefined term "lock -out" of a dwelling unit; providing for
expiration within 365 days of the effective date of an interim development ordinance or when the
comprehensive plan and land development code amendments become effective, whichever comes
first.
ITEM BACKGROUND:
On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim
Development Ordinance to not process comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people
and any children related to either of them" of a dwelling unit until the BOCC can review and
possibly amend the comprehensive plan and land development code regarding the definitions of
dwelling unit; household; and family and the undefined term "lock -out" of a dwelling unit.
The February 15, 2017 agenda item is attached.
The proposed resolution will initiate the interim development ordinance to defer the approval of new
private applications for comprehensive plan or land development code amendments, development
agreements (including 380 development agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units), with proposed occupancy
by "three unrelated people" or "two unrelated people and any children related to either of them" of a
dwelling unit, and applications utilizing the term "lock- out," commencing March 15, 2017, until the
BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
dwelling unit; providing for expiration within 365 days of the effective date of an interim
development ordinance or when the comprehensive plan and land development code amendments
become effective, whichever comes first.
The resolution would take effect immediately upon adoption.
PREVIOUS RELEVANT BOCC ACTION:
On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim
Development Ordinance to not process comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people
and any children related to either of them" of a dwelling unit until the BOCC can review and
possibly amend the comprehensive plan and land development code regarding the definitions of
dwelling unit; household; and family and the undefined term "lock -out" of a dwelling unit.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution directing an IDO (Carruthers discussion item)
Carruthers- Discussion item on IDO 2 -15 -17
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
02/28/2017 9:38 AM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
02/28/2017 9:20 AM
Completed
02/28/2017 2:55 PM
02/28/2017 3:01 PM
02/27/2017 2:34 PM
02/27/2017 2:34 PM
02/28/2017 5:21 PM
03/15/2017 9:00 AM
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE
APPLICATIONS FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT
CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR
CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING
ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED
OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED
PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A
DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-
OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW
AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK -OUT"
OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE
OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST.
WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
moratorium upon certain development applications proposing occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the
term "lock- out," due to pending legislation; and
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of "lock- out;" and
Pagel of 3
WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent
on use of "lock- outs" and this use was not discussed during the update process and further edits are
needed to specifically address "lock- outs;" and
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, staff has been directed to process an ordinance to ensure that no new private
applications will be processed for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits, (excluding applications proposing only affordable housing dwelling units) with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit and applications utilizing the term "lock- out," commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock- out,"
providing for expiration within 365 days of the effective date of an interim development ordinance or
when the comprehensive plan and land development code amendments become effective, whichever
comes first.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Staff of the Monroe County Planning and Environmental Resources Department shall process an
interim development ordinance which defers the approval of applications, commencing March 15,
2017, of new private applications for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits (excluding applications proposing only affordable housing dwelling units); with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
dwelling unit; providing for expiration within 365 days of the effective date of an interim development
ordinance or when the comprehensive plan and land development code amendments become effective,
whichever comes first.
Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15 day of March 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IM
Mayor George Neugent
(SEAL)
ATTEST: KEVIN NLADOK, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
AP� 8 TOf M:,
WI,UAMS
ASSISTANT J *7t
8' TT
Date
Page 3 of 3
County of Monroe
The, Florida Keys
�a
H.7.b
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3 N
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: L.7
Agenda Item Summary #2667
BULK ITEM: No DEPARTMENT: BOCC District 3
TIME APPROXIMATE: STAFF CONTACT: Carol Schreck (305) 292 -3430
10:00 A.M.
AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim
Development Ordinance to not process private applications for comprehensive plan or land
development code amendments, development agreements (including 380 development agreements),
and minor and major conditional use permits, with proposed occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit until the
BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; and family and the undefined term "lock -out"
of a dwelling unit.
ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule
and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and
regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to
maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our
local government capability to manage land use and development.
There has been recent discussion regarding the use of a "lock -out' (an undefined term in the
comprehensive plan or land development code but typically defined as a separate space with a
bedroom/bathroom) within a dwelling unit.
"Lock- outs" may create unintended consequences, not discussed or analyzed during the recently
adopted comprehensive plan and land development code amendments, adopted in April 2016.
Further edits may be needed to specifically address current definitions of Dwelling Unit, Household,
Family, and Permanent Residential unit and the undefined term of "lock- out."
History of Definitions:
Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code,
the 2010 Comprehensive Plan included:
2010 Comprehensive Plan and Land Development Code:
H.7.b
The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the
use of "lock- outs" of dwelling units which could be utilized as separate guest unit or another
potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the
code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family
members.
2010 Land Development Code definitions
Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment
for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling
unit.
Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a
residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator
and stove.*
The Land Development Code did not include a definition for family.
2030 Comprehensive Plan:
The newly adopted 2030 Comprehensive Plan includes the following new definitions:
Dwelling Unit means one or more rooms physically arranged for occupancy by one household
sharing common living, cooking, and toilet facilities.
Household means all the people who occupy a housing unit. A household includes the related family
members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees
who share the housing unit. A person living alone in a housing unit, or a group of unrelated people
sharing a housing unit such as partners or roomers, is also counted as a household.
Family means a person living alone, or people living together as a single household and sharing
common living, cooking, and toilet facilities:
(1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized
custodial relationship;
(2) three unrelated people;
(3) two unrelated people and any children related to either of them.
"2030" Land Development Code:
The newly adopted 2030 Code includes the following definitions:
Dwelling unit means one or more rooms physically arranged for occupancy by one residential
household sharing common living, cooking, and toilet facilities.
H.7.b
a Z poll, . . .... . ........
D , 4 - g n, uni mearl soneormorerronisphysieallyarrangedforoccupancy °by one residential
household sharing common living., cooping., and toilet facilities..
Household means all the people who occupy a housing unit. A household includes the related family
members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees
who share the housing unit. A person living alone in a housing unit, or a group of unrelated people
sharing a housing unit such as partners or roomers, is also counted as a household.
Hoof- eh the people wto occup,y a housing unit. A household include s the related
family° members and all the unrelated people. if and°, such as badgers. faster children. %yards, or
employees who share the housing unit. A person living alone in a housing unit. or a group o f
unrelated people sharing, a housing, unit such as partners or roomers, is also counted as a
household.
Family means a person living alone, or people living together as a single household and sharing
common living, cooking, and toilet facilities:
(1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership
or duly - authorized custodial relationship;
(2) Three unrelated people;
(3) Two unrelated people and any children related to either of them.
Fcrrn. t means a person living alone, or people living together as a single household and
sharing common living, cooking, and toilet facilities:
I`1 }:'any number ofpeo0erelatedbv blood_ma:riage, adoption guardiansktip, domestic
partnership or relationship
C2) Threeunrelatedpegple:
IT.} T: c° o unrelated peogle and amchildrenrelatedto either ofthem.
Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a
residence for a household for non - transient occupancy, excluding hotel, motel, and recreational
vehicle.
Pvrra rx rarra- sr7; Y cra means dwelling unit that is designed for and capable of, serving as
a residence for a household
@ fi4 y;a e; and *for non - transient occupancy, excluding hotel_ motel, and recreational
vehicle,
* This definition is currently included in the Land Development Code but that term only appears
once, in one Section 138- 22(2)b.2.(i).
PREVIOUS RELEVANT BOCC ACTION:
December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing
the transfer of 46 market -rate TREs from three sender sites to the Oceanside property, with the
transferred market -rate TRE's to be converted to, or replaced with, an equivalent amount of 99 -year
H.7.b
deed - restricted affordable housing, prior to a C.O. being issued for market -rate units at Oceanside.
The agreement approved the addition of up to 78 [32+ 46] new, market -rate residential dwelling
units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to
150 seats, and other improvements related to the existing, partially- condominiumize d marina and
accessory development.
June 30, 2014: BOCC approved a right -of -way abandonment of a segment of Peninsular Avenue
located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the
Oceanside property increased in size.
2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to
purchase the Hickory House property located north of the Oceanside property. On February 3, 2015,
Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina
property increased in size.
December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the
development agreement, adding adjacent property and the abandoned right -of -way, increased the
allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights
associated with aprevious approval related to Hawk's Cay and amended the conceptual site plan.
March 18, 2015: BOCC approved a right -of -way abandonment of a segment of Peninsular Avenue
located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the
Oceanside Marina property increased in size.
June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the
development agreement, adding adjacent abandoned right -of -way, increased the total number of
transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site
plan.
CONTRACT /AGREEMENT CIIANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
oceanside summary timeline and staff _2 -1 -17 (MinuteTraq printer)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
H.7.b
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 02/01/2017 2:54 PM
Kathy Peters Completed 02/01/2017 3:07 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
Timeline of Approvals & Staff
Summary of item approved
Approved by Planning Director Tim McGarry
1996: Development Order 912 -96, a minor conditional use
on July 23, 1996
permit for part of the Oceanside property, 5970 Peninsular
Avenue (real estate # 00127420 - 000100 only) allowed for the
construction of a 9,600 SF storage building and other
associated accessory improvements.
Approved by Planning Commission on July
1997: PC Resolution # P52 -97, an amendment to the major
10, 1997
conditional use permit for part of the Oceanside property,
5950 Peninsular Avenue (real estate # 00127420 - 000000 only)
allowed for the construction of 22 attached, market rate
residential dwelling units; one boat storage building; an
addition to an existing restaurant; and other associated
accessory improvements.
Signed by County Mayor, Shirley Freeman,
1999: Development Agreement between the County, the
on January 19, 2000
Florida Department of Community Affairs, Paradise Island
Park, Inc. and Key West Oceanside allowing the transfer of 22
market -rate TREs and TDRs from Paradise Island Park to the
Oceanside property (recorded on April 7, 2000).
Following issuance of PC Resolution # P52 -97, Oceanside
Investors' predecessor in interest acquired 5970 Peninsular
Avenue. Further, the 22 attached, market rate residential
dwelling units were constructed.
Signed by County Mayor McCoy on July 19,
2006: 380 Agreement between Overseas Redevelopment
2006
Company, LLC, Department of Community Affairs and
Monroe County allowing the redevelopment of Overseas
Trailer Park on Stock Island as a 49 -unit workforce housing
project and the offsite transfer of 32 market rate ROGO
exemptions.
Approved by Planning Commission on April
2007: PC Resolution # P21 -07, an amendment to a major
11, 2007 (vote: three Yes, one No, and one
conditional use permit for part of the current Oceanside
Absent)
property, 5950 and 5970 Peninsular Avenue (real estate #
00127420 - 000000 and 00127420 - 000100, as well as other
Aref Joulani is Planning Director
property associated with a condominium development)
allowed for the demolition of several buildings and
Staff report by Julianne Thomas
construction of 32 attached, market -rate residential dwelling
units; 2 boat barns; 8 wet slips; and other associated accessory
(Applicant is Kings Point Marina LLC)
improvements. P21 -07 authorized vacation rental use of the 32
attached dwelling units and linked the affordable housing
Transmitted to DCA on 5/11/07, DCA did not
project at Overseas Trailer Park to serve as the required
appeal the item.
affordable housing for this project.
PC authorizes the vacation rental use of attached units.
Resolution 402 -2013
2013: Development Agreement approved for Oceanside
Investors allowing the transfer (1:1) of 46 market -rate TREs
Approved by BOCC on December 11, 2013
from three sender sites to the Oceanside property, with the
(Mayor Sylvia Murphy — unanimous
transferred market -rate TRE's to be converted to, or replaced
approval)
with, an equivalent amount of 99-year deed - restricted
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affordable housing, prior to a C.O. being issued for market -rate
Staff report by Joe Haberman
units at Oceanside. The agreement approved the addition of up
to 78 [32+ 461 new, market -rate residential dwellin units,
Townsley Schwab is Planning Director
which_ may be used as vacation rentals, up to
" a new restaurant with up to 150 seats, and other
BOCC Agenda item summary staff contact:
improvements related to the existing, partially -
Joe Haberman & Christine Hurley
condominiumized marina and accessory development.
PC recommended approval to BOCC via
Resolution P29 -13, approved on November
15, 2013 — unanimous approval
Transmitted to DPO (formerly DCA) on
1/3/14, DPO did not appeal the item.
Approved by Planning Commission on
2013: PC Resolution # PO4 -14, an amendment to the major
February 26, 2014
conditional use permit to improve the marina's facilities,
Staff report by Joe Haberman
construct 78 new market rate residential dwelling units,
construct N��ffi construct a new restaurant and
carry out associated site improvements.
Townsley Schwab is Planning Director
Transmitted to DPO (formerly DCA) on
5/1/14, DPO did not appeal the item.
Approved by Planning Director Townsley
2014: Development Order 904 -14, a minor conditional use
Schwab on November 19, 2014
permit allowing the transfer of 9.3 TDR's required to facilitate
the project approved for the Oceanside property. The
Staff report by Karl Bursa & Mike Roberts
Development Order required the sender site(s) to be a)
dedicated to the County or b) placed in a conservation
Transmitted to DPO (formerly DCA) on
easement prohibiting its future development.
12/19/14, DPO did not appeal the item
Resolution 116 -2014
2014: Resolution # 116 -2014 approved for a right -of -way
abandonment of a segment of Peninsular Avenue located
Approved by BOCC on June 30, 2014 (Mayor
north of the Oceanside property (lying between Block 46 and
Sylvia Murphy — vote: three Yes, one No, and
Block 60). As a result, the Oceanside property increased in
one Abstained)
size.
Staff report by Joe Haberman
Townsley Schwab is Planning Director
BOCC Agenda item summary staff contact:
Joe Haberman & Christine Hurley
Memo from Susan Grimsley & Bob Shillinger
(memo addresses termination of right of way
on water)
Does not get sent to DPO per MOLT
BOCC approved Commercial Purchase and
2014: Oceanside Investors entered into a purchase and sale
Page 2 of 6
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Sale Agreement on August 20, 2014. (Mayor
agreement with Monroe County to purchase the Hickory
Sylvia Murphy — vote: four Yes, one No)
House property located north of the Oceanside property. On
February 3, 2015, Oceanside Investors closed on the Hickory
House property. As a result, the Oceanside Marina property
increased in size.
Resolution 373 -2014
2014: Resolution # 373 -2014, is amendment to the
development agreement, adding_ adjacent property and the
Approved by BOCC on June 10, 2015 (Mayor
Danny Kolhage — unanimous approval)
abandoned ri wa
""WIN " - allowed the transfer of up to 12
vested rights associated with a previous approval related to
Staff report by Joe Haberman
Hawk's Cay and amended the conceptual site plan.
Townsley Schwab is Planning Director
BOCC Agenda item summary staff contact:
Joe Haberman & Christine Hurley
PC recommended approval to BOCC via
Resolution P40 -14, approved on November
19, 2014 — unanimous approval (Lustberg
absent)
Transmitted to DLO (formerly DCA) on
1/7/15, DLO did not appeal the item.
Approved by Planning Director Townsley
2014: Development Order 906 -14, a minor conditional use
Schwab on December 12, 2014
permit allowing the transfer of 24.1 TDRs required to facilitate
the project approved for the Oceanside property. The
Staff report by Matt Coyle
Development Order required the sender site(s) to be a)
dedicated to the County or b) placed in a conservation
Transmitted to DLO (formerly DCA) on
easement prohibiting its future development.
1/12/15, DLO did not appeal the item
Resolution 115 -2015
2015: Resolution # 115 -2015 approved for a right -of -way
abandonment of a segment of Peninsular Avenue located
Approved by BOCC on March 18, 2015
north of the Oceanside property (lying between Block 46 and
(Mayor Danny Kolhage — vote: one No, four
Block 60). As a result, the Oceanside Marina property
Yes)
increased in size.
Staff report by Joe Haberman
Townsley Schwab is Planning Director
(During BOCC meeting, Mayte Santamaria
appointed replacement Planning Director
after Townsley's retirement— up to 6 month
overlap - expected to retire April 2015)
BOCC Agenda item summary staff contact:
Joe Haberman & Christine Hurley
Does not get sent to DLO per MOLT
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Approved by Planning Commission on
2015: PC Resolution 9 P41-14, an amendment to the major
November 19, 2014 (unanimous approval-
conditional use permit to add adjacent ?ro)ert and the
Lustberg absent)
abandoned roadway, increase the
and amend the approved site plan.
Staff report by Joe Haberman
Townsley Schwab is Planning Director
Transmitted to DEO (formerly DCA) on
4/24/15, DEO did not appeal the item.
Approved by Planning Director Mayt6
2015: Development Order 904-15 (typo previously typed 06-
Santamaria on May 22, 2015
15), a minor conditional use permit allowing the transfer of 5
transient TREs to the Oceanside property.
Staff report by Matt Coyle & Joe Haberman
Transmitted to DEO (formerly DCA) on
6/25/15, DEO did not appeal the item
Resolution 158-2015
2015: Resolution No. 158-2015, 2 amendment to the
development agreement, adding adjacent abandoned right-of-
Approved by BOCC on June 10, 2015 (Mayor
way, increased the total number of transferred market rate
Danny Kolhage — unanimous approval)
residential units from 78 to 79 [32+ 471 and amended the
conceptual site plan.
Staff report by Matt Coyle
Townsley Schwab is Planning Director (Dec
2014 Mqyte Santamaria appointed
replacement Planning Director after
Townsley's retirement— up to 6 month
overlap)
BOCC Agenda item summary staff contact:
Matt Coyle & Christine Hurley
PC recommended approval to BOCC via
Resolution P11 - approved on April 29,
2015 — unanimous approval (Werling absent)
Transmitted to DEO (formerly DCA) on
8/12/15, DEO did not appeal the item.
Approved by Planning Director Mayt6
2015: Development Order 905-15, a minor conditional use
Santamaria on June 25, 2015
permit allowing the transfer of 45 ROGO market rate
exemptions to the Oceanside Property.
Staff report by Matt Coyle
Transmitted to DEO (formerly DCA) on
7/27/15, DEO did not appeal the item
Approved by Planning Director Mayt6
2015: Development Order 907-15, a minor conditional use
Santamaria on October 22, 2015
permit allowing the transfer of 2 ROGO market rate
exemptions to the Oceanside Property.
Page 4 of 6
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Staff report by Matt Coyle & Joe Haberman
Transmitted to DEO (formerly DCA) on
12/10/15, DEO did not appeal the item
Approved by Planning Director Mayt6
2015: Development Order 909-15, a minor conditional use
Santamaria on October 22, 2015
permit allowing the transfer of 0.4 TDR's to the Oceanside
property. The Development Order required the sender site(s) to
Staff report by Matt Coyle & Mike Roberts
be a) dedicated to the County or b) placed in a conservation
easement prohibiting its future development.
Transmitted to DEO (formerly DCA) on
12/10/15, DEO did not appeal the item
Approved by Planning Director Mayt6
2015: Development Order 908-15, a minor conditional use
Santamaria on October 22, 2015
permit allowing the transfer of I TDR to the Oceanside
property. The Development Order required the sender site(s) to
Staff report by Matt Coyle & Mike Roberts
be a) dedicated to the County or b) placed in a conservation
easement prohibiting its future development.
Transmitted to DEO (formerly DCA) on
12/10/15, DEO did not appeal the item
Approved by Planning Director Mayt6
2015: minor deviation approved to the major conditional use
Santamaria on December 10, 2015
permit in order to allow the construction of one additional
market rate residential dwelling unit.
Staff report by Matt Coyle
not get sent to DEO per MOU
- Does
Approved by Planning Director Mayt6
2016: minor deviation approved to the major conditional use
Santamaria on February 1, 2016
permit in order to revise the approved site plan by removing
the resort swimming pool on the northernmost parcel (RE 9
Staff report by Matt Coyle
00126210-000000), relocation of the watersports, fitness and
restroorn building and the reconfiguration of the off-street
not get sent to DEO per MOU
parking for the site.
- Does
Approved by Planning Director Mayt6
2016: minor deviation approved to the major conditional use
Santamaria on August 1, 2016
permit in order to revise the approved site plan by removing of
the gatehouse building and the repositioning of the proposed
Staff report by Devin Rains
dockmaster building, the reconfiguration of the off-street
parking (parking maintained at 346 spaces), sidewalks, add
Does not get sent to DEO per MOU
arbors, add the provision for bait and ice vending and
expansion of the fish cleaning station, and other changes to
open space for the site (File 9 2016-103).
Approved by Planning Commission on
2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use
December 15, 2016
Permit approval, which would allow beer, wine and liquor in
connection with operation of hotel, motel, motor court or
Staff report by Kevin Bond
condominium; sale by the drink for consumption on premises
and package sales in sealed containers
Mayt6 Santamaria is Planning Director
not get sent to DEO per MOU
- Does
Page 5 of 6
I'
N
ZI
Approved by Planning Director Mayte 2016: Exemption to a Special Vacation Rental Permit
Santamaria on December 23, 2016 approval, exemption only applies to the 79 market -rate
residential dwelling units, configured into "lockouts"
Staff report by Kevin Bond consisting of no more than one bedroom and one bathroom,
which may be used as vacation rentals pursuant to the
Does not get sent to DEO per MOLT approved Development Agreement (the original agreement
approved on December 11, 2013 via BOCC Resolution No.
402 -2013; the first amendment to the agreement approved on
December 10, 2014 via BOCC Resolution No. 373 -2014; and
the second amendment to the agreement approved on June 10,
2015 via BOCC Resolution No. 158- 2015).
Page 6 of 6
H.Zb i
Chapter 138 Rate of Growth Restrictions:
Residential dwelling unit (dwelling unit) means a dwelling unit as defined in Section 101 -1, and expressly includes the following other terns also specifically defined in Section 101 -1: rooms, hotel or motel; canTgromd spaces; mobile homes; transientunits; and institutional
residential units (except hospital rooms).
Not included in definition but included in ROGO regulations: Recreational Vehicle
:Sec. 138- 23. :Moratorium on New Transient Units. New transient residential units, such as hotel or motel rooms, or campground,
sec 13924. Residential Roco Allocations.
recreational vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations until May 1, 2021
Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel room, a seasonal residential unit, a campground:
(space, an institutional residential use, or a recreational vehicle space.
Dwelling Unit
Mobile Homes
Institutional Units (except
Recreational vehicle
Rooms, hotel or motel
Institutional Units
(except hospital
seasonal
Campground
hospital rooms)
r esidential unit
spaces
Dwelling unit means one or
Mobile home means a stnuture
Institutional-residential use
Recreational vehicle means the same as that term
Room, hotel or motel means a unit consisting
Institutional-
Seasonal
Campground
more rooms physically arranged
transportable in one or more
means temporary or permanent
is defined in Section 320.01, F.S. The following
of a room or rooms in a public lodging
residential use
residential unit is a
space means a
for occupancy by one
sections which stmctnre is eight
housing associated with an
applies to recreational vehicles in the county:
establishment as defined by section
means temporary or
type o£ transient
space, whether
residential household sharing
body feet or more m width and
institutional organization, such as a
(1) Excluding temporary housing as set forth in
5 09 3(4)(a), F.S., intended for transient
permanent housing
residential unit with
improved or
common living, cooking, and
ever 35 feet in length, th which
o g
home foster care facility,
group ,
Section 103 -1, the tenant £ an occupied
Y ° crem
tort
lodging only for periods not exceeding 30
ass ociated with an
one
one or more rooms,
improved,
toilet facilities.
structure is built on an integral
convent, nursing facility, student
re creational vehicle upon a lawful recreational
days. Transient occupancy shall conform to
institutional
facilities, and
used for tent
chassis and designed to be used
a g w
s a dwelling when connected
housing, life care /elderly housing,
or educational and/or scientific
vehicle space shall be less than six months; and
2 The recreational vehicle has been laced on
() p
the definition contained in F.S. § 509.013(12)
organza lion, such
as home
a group ,
a kitchen physically
arranged to create a
art ge
c
amping,
including
g pop -
w l ee means a
g' a
to the required utilities and
re search facility.
a lawful recreational vehicle space within a
as to transient occupancy. For the purposes of
foster care facility,
housekeeping
ups, for
d it v
includes the plumbing, heating,
recreational vehicle park, campground, or
density restriction under this Land
convent, nursing
establishment for
tenancies of less
without open yards on all
ithut pen y ards a
conditioning and electrical
Institutional use means a use that
otherwise approved area, or within a storage
Development Code:
facility, student
occupancy by one
than six months.
sides of the dwelling unit
systems contained therein,
serves the religious, educational,
area.
(1) A hotel/ motel unit may be a single
housing, life
family, with
including expandable
cultural, scientific, research, social
(3) The recreational vehicle has current licenses
bedroom and 1 % bathrooms or a
care /elderly
tenancies not to
Dwelling, detached, means an
individual dwelling unit that is
recreational vehicles, known as
mce or health needs o£the
service
required for highway travel; and
hoteV motel unit ma y be a suite and ma y
housing, or
exceed 180
pe open yar
deveo d with ds on
models" designed and
community, including but not
co
(4) The recreational vehicle is highway ready.
include a kitchenette but no more than 1 %
�ur�tionaL and/or
consecutive days.
all sides of the dwelling unit.
built as a permanent residence,
limited to, educational and
This means that the recreational vehicle,
bathrooms, one bedroom and one other
scientific research
The term includes single
th structure for which is 35
scientific research facilities that
se
including any travel trailer or park trailer, is on
living area.
facility
family residences but does not
feet or Less in length and in
cuss of eight feet in width.
serve the region and day care and
preschool facilities.
its wheels or system and
intemaln b y t
attached in this site only by the quick
2
( ) All entrances to a hoteVmotel unit shall
include mobile homes m
discormect- type utihties commonly used in
share the same key or means of controlling
recreational vehicles.
recreational vehicle parks and campgrounds or
access so that the hotel or motel unit as
by security devices. No permanent additions
defined herein is not divisible into
Vacation rental or unit means an
such as state rooms shall be permitted.
separately rentable units.
attached or detached dwelling unit
(3) Suites containing more than one
that is rented, leased or assigned
for tenancies of less than 28 days
bedroom and 1 % baths may be
duration. Vacation rental use does
constructed, however, each bedroom/full
not include hotels, motels, and RV
bath combination shall be considered a
spaces, which me specifically
hoteVmotel unit.
addressed in each district.
Household means all the people who occupy a housing unit. A
household includes the related family members and all the unrelated
people, if any, such as lodgers, foster children, wards, or employees
who share the housing unit. A person living alone in a housing unit, or
a group of unrelated people sharing a housing unit such as partners or
roorters, is also counted as a household.
Family means a person living alone, or people living together as a
single household and sharing common living, cooking, and toilet
facilities: (1) Any number o£people related by blood, marriage,
adoption, guardianship, domestic partnership or duly - authorized
custodial relationship; (2) Three unrelated people; (3) Two unrelated
people and any children related to either of them
Packet Pg. 1499:
vwening Um[ nooms, nmel or motel
All 1 dwelling unit —no limit of bedroom/bath combinations Each bedroom /full bath combination shall be considered a hotel/motel unit
F L v
1 hotel unit - 1 bedroom /1 full bathroom
2 hotel units -2 bedrooms/2 full baths
w.a.a .. . ..
Packet Pg. 1500
March 15th, 2017
Agenda item H -7
Mayor Neugent and Commissioners,
Last Stand supports the proposal to initiate a moratorium to guarantee that future development will be
in line with the intent behind our Comprehensive Plan policies and Land Development Code. The
growing demand for tourist lodging in the Keys has triggered development of new hotel rooms in
unincorporated Monroe County, despite the moratorium on the allocation of new transient ROGOs,
raising concerns about controls over the rate of growth in the Florida Keys.
The dwelling units at Oceanside Hotel and their mirror image "lock out" units were designed as hotel
rooms. Each unit will provide short term accommodations for occupants who in many, if not most
instances, do not know each other. In any reasonable reading of the code, these are two hotel rooms
built with one residential ROGO. This is not the vacation rental of a single family residence. We support
an immediate moratorium on the processing of any proposal containing the term "lock out" or a floor
plan with rooms that have separate entrances from a foyer.
The definition for the term "new" in the proposed moratorium becomes very important. Would any
similar projects that have already been submitted be acceptable? Last Stand feels strongly that any
similar proposals that include the concept of "lock outs" not just the term, regardless of the position in
the proposal process, need to be subject to the moratorium.
Last stand requests that your moratorium discussion result in the following:
1. Direction to staff to examine and redefine the terms "permanent residential unit" and "dwelling unit"
so that structures built using the different types of ROGO allocations (transient vs. permanent
residential) are easily distinguishable and appropriate for each type of ROGO.
2. One ROGO equals one dwelling unit for one family.
3. Prohibit the use of the undefined term "lock out" or the phrase "separately rentable units" in any
proposal already in the process or submitted, until the terms are defined and it is clear how the ROGOS
are acquired.
4. Permanent Residential ROGOs should not be used to build hotels.
Thank you.
Deb Curlee Vice President Last Stand
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