Resolution 120-2003
COMMISSIONER MURRAY NELSON
RESOLUTION NO. 120 2003
RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, DIRECTING STAFF REGARDING OFF-
SITE TRANSFER OF RV SPACE SENDER UNITS TO MOTEL
RECEIVER UNITS
WHEREAS, Monroe County Code~9.5-120.4(b)a.iii)(1)a.(i) authorizes off-site
transfer of redevelopment rights from recreational vehicle space (sender units) to hotel
rooms (receiver units); and
WHEREAS, many RV Parks have grown beyond the density allowed under the
Comprehensive Plan; and
WHEREAS, many RV spaces in RV parks have become established as permanent
residences for people of low and moderate income; and
WHEREAS, the need for service personnel to staff businesses and the increase in
second-home or other investment in residential property by persons who are not
permanent residents has resulted in the availability of affordable housing in Monroe
County being a critical issue for the health, safety and general welfare of the public; and
WHEREAS, the transfer of sender units representing RV spaces which have
heretofore been used as permanent residential spaces to motel and hotel rooms has the
effect of reducing the availability of affordable housing while creating a greater need for
such housing to accommodate an increase in low and moderate income personnel to
service the lodging and tourist-related industry; and
WHEREAS, it is in the interest of the health and welfare of the residents of
Monroe County to facilitate as much as possible, within the County's authority and
jurisdiction, the preservation and enhancement of low-income housing; and
WHEREAS, it is in the best interest of the general public that action be taken to
enhance, or at least maintain, the number of units of affordable housing currently
available in Monroe County; now therefore,
BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY:
Section 1. That the staff of the Planning Department, Growth Management
Division of the County is hereby directed to immediately undertake such development
review as is necessary to take forward to the Planning Commission as expeditiously as
possible a recommendation regarding a moratorium on the transfer of (TRE's) of
redevelopment rights from sender units which are RV spaces to receiver units which are
hotel or motel rooms, using the draft ordinance (Exhibit A) attached hereto and
incorporated herein by reference as a guideline.
Section 2. That the Planning staff shall, upon establishment of a moratorium in
the Land Development Regulations and in a timely manner, conduct such further review
as is necessary to study the dilemma and design a permanent solution which shall meet
concurrency requirements, to bring forward a revision to the Comprehensive Plan to
ensure that the availability of affordable housing shall not be diminished by allowing
developed property actually used as affordable housing to be converted, off-site or on-
site, into development of transient rental units.
Section 3. That further direction in the above actions shall include the
consideration of local legislation which will reduce or limit as much as possible, under
State and federal legal constraints, the right to redevelop living space which is over
density and non-conforming.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of March, 2003.
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Att~t:PA~NY' L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairperson
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Commissioner Nelson
ORDINANCE NO.
- 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ADDING SECTION 9.5-120.6, MONROE
COUNTY CODE, PROVIDING FOR A MORATORIUM ON THE TRANSFER
OF RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL UNITS
OFF-SITE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted a Resolution on March 19,
2003, directing the Monroe County Planning staff to study, report, and recommend changes
to the Monroe County Land Development Regulations regarding the off-site transfer of
redevelopment rights from recreational vehicle (RV) space to hotel rooms; and
WHEREAS, the Monroe County Development Review Committee was presented with
a staff report prepared on , 2003, by ; and
WHEREAS, the Development Review Committee, on , 2003,
reviewed the staff report Findings of Fact and proposed Text Amendment to Sec. 9.5-120.6
and recommended approval of the proposed Text Amendment; and
WHEREAS, on , 2003, the Monroe County Planning Commission,
at a regularly scheduled public hearing, recommended approval of the proposed Text; and
WHEREAS, the BOCC conducted two public hearings on , 2003, and on
, 2003, at which were considered the proposed Text and recommendation
of staff,; and
WHEREAS, the BOCC was presented with the following evidence which is by
reference incorporated as part of the record of said hearings:
1. Staff report prepared on by
2. Proposed Text Amendment;
3. Sworn testimony of the Planning staff; and
4. Comments from the public; and
WHEREAS, the BOCC has made the Findings of Fact and Conclusions of Law based on
the evidence presented:
1. Monroe County Code Sec. 9.5-120.4(b)a.iii(1)(a)(i) authorizes transfer off-site
the right to redevelop from a single unit which was RV space to a hotel or hotel room
receiver unit;
EXHIBIT A
2. RV spaces have been developed over density allowed by the Comprehensive
Plan;
3. There has been a substantial conversion of RV space into permanent residency
to provide affordable housing to low and moderate income persons in Monroe
County;
4. The transfer of RV spaces currently used for affordable housing to hotel or
motel rooms exacerbates the existing crises of inadequate affordable housing by
decreasing the availability of affordable housing and increasing the demand by virtue
of the increase in transient residential unit which require businesses to increase staff
to service the tourist industry;
5. The Monroe County Planning Department is currently working toward the
completion of the Livable CommuniKeys Program;
6. This program will culminate in the development of Master Plans for all of the
unincorporated communities of the Florida Keys, and these Plans will, among other
issues, include opportunities for the development of new transient residential units
and affordable housing units, identify appropriate locations and appropriate numbers
of units;
7. The Livable CommuniKeys Programs will aid in developing a new Permit
Allocation System;
8. The changes have, as yet, been proposed to address the critical problems
created by the current Code provision allowing the transfer of RV spaces which are
currently used as affordable permanent housing to hotel and motel units; and
WHEREAS, the BOCC has examined the proposed amendment to the Monroe County
Code submitted by the Monroe County Planning Department; and
WHEREAS, the BOCC hereby supports the decision of the Monroe County Planning
Commission and the Planning Department staff recommendation;
WHEREAS, it is the desire of the BOCC that the following amendment to the County
Code be approved, adopted, and transmitted to the State Land-Planning Agency for
approval; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. Chapter 9.5, Article VII, Division 2, Monroe County Code, is hereby
amended by the addition of the following:
Sec. 9.5-120.6 Redevelopment of a Recreational Vehicle Space shall not
be eligible for transfer to a hotel or motel room until December 31, 2006.
Section 2. If any section, subsection, sentence, clause or provIsion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the day of , 2003.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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