Item P4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2014 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person: Christine Hurley, 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners amending Section 138-23 of the Monroe County Code to extend the transient ROGO
allocation moratorium from May 1, 2014 to May 1, 2022 to be consistent with Policy 101.2.6 of the
Comprehensive Plan and to coincide with the adoption of the next round of EAR -related Comprehensive Plan
amendments the Hurricane Evacuation Clearance Time Memorandum of Understanding. (Legislative Proceeding)
ITEM BACKGOUND: In March 2013, the State Administration Commission approved the recommendation to
allocate 10 years' worth of growth (197 x 10 = 1,970 permits) to Monroe County while maintaining an evacuation
clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels within
unincorporated Monroe County. With just 197 permits per year, it would take over 41 years' worth of annual
allocations (at the current rate of 197) to absorb these parcels. This may result in a balance of 6,198 privately held
vacant parcels at risk of not obtaining permits in the future.
Providing transient allocations would reduce the available allocations necessary to address the residential
allocation deficit. The proposed LDC amendment is consistent with the concurrent amendment to Policy 101.2.6
of the Comprehensive Plan to prohibit new transient allocations until the next round of EAR -related amendments,
which will be due on May 1, 2022. The proposed extension of the transient unit moratorium provides the
opportunity to use 2020 census data, when it becomes available, to update and run the Florida Keys hurricane
evacuation model as required by Rule 28-20.140, F.A.C., to reevaluate whether Monroe County has met its
obligation to maintain the 24-hour evacuation clearance time. Amendments are being proposed and processed as
the existing prohibition for transient units in Policy 101.2.6 expires on May 1, 2014.
PREVIOUS RELEVANT COMMISSION ACTION: On December 14, 2011, the BOCC adopted Ordinance
No. 025-2011, which amended Section 138-23 of the Monroe County Code to extend the existing transient unit
moratorium until May 1, 2014 to coincide with the State schedule for the evaluation and appraisal of the
comprehensive plan.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney _x OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
16
17
1
19
20
21
22
23
24
2
26
27
2
9
0
31
32
33
34
35
36
37
3
39
40
41
42
43
44
45
46
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE . - 2014
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ENDING SECTON 138-23 OF
THE MONROE COUNTY CODE, EXTENDING THE
MORATORIUM TRANSIENT UNIT LOCATIONS;
PROVIDING FOR SL ILITY; PROVIDING FOR THE
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
THE TRANSMITTAL TO THE FLORIDA STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH
THE SECRETARY 1F STATE AND FOR EFFECTIVE DATE;
AND PROVIDING FOR THE INCLUSION IN THE I I F
COUNTY CODE.
WHEREAS, su t to DCA Rule9J-14.022, F.A.C., January 4, 1996; Rule 2 -
20.100 F.A.C. Part 1, January 2, 1996 and Part 11, July 17, 1997, Policy 101.2.6 was
adopted which stated: By January 4, 1996, Monroe County shall adopt Land
Development Regulations which prohibit new transient residential units including hotel
or motel rooms, campground spaces, or spaces for parking a recreational rational vehicle or
travel trailer until December 31, 2001. Monroe County sell either extend this
prohibition until December 2006 or revise the Permit mit Allocation ,System to allocate a
percentage of `residential growth to transient unit; and
WHEREAS, the Board of County Commissioners adapted Ordinance No. 7-
1999 on November 10, 1999, creating See. 9.5-120.5 (13 -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: d
WHEREAS, the Board of County Commissions previously adapted Ordinance
ce
o. 001-2002 on January 17, 2002, amending Section 9.5-1 0.5, Monroe County Code t
extend the moratorium of new transient units from to December 31, 2006.
1 WHEREAS, the Board of County Commissions previously adopted Ordinance
2 No. 001-2007 on January 17, 2007, amending Section 9.5-120.5, Monroe County Code to
3 extend the moratorium of new transient is to December 31, 2007.
4
5 WHEREAS, the Board of County Commissions previously adopted Ordinance
6 No. 003-2008 on January 16, 2008, amending Section 9.5-120.5, Monroe County Code to
7 extend the moratorium of new transient its to December 31, 200&
8
9 WHEREAS, the Board of County Commissions previously adopted Ordinance
10 No. 023-2010 on June 29, 2010, amending Section 138-23, Monroe County Code to
11 extend the moratorium on new transient its to December 31, 2011.
12
13 WHEREAS, the Board of County Commissions previously adopted Ordinance
14 No. 025-2011 on December 14, 2011, amending Section 13 8-23, Monroe County Code to
15 extend the moratorium on new transient units to May 1, 2014.; and
16
17 WHEREAS, the schedule set by Florida Department of Economic Opportunity
18 (DEO) established a new Evaluation and Appraisal Report (EAR) schedule, Rule 73C-
19 49.002, F.A.C., which assigned a Monroe County EAR due date of May 1, 2014; and
20
21 WHEREAS, the Board of County Commissioners, at a special public hearing on
22 May 22, 2012s made a motion to not include any changes to the transient it moratorium
23 asp of the adopted 2012 Comprehensive Plan EAR; and
24
25 WHEREAS, Section 163.3191(1), F.S. requires the local government to evaluate
26 its comprehensive plan to determine if plan amendments are necessary to reflect changes
27 in state requirements every seven years, therefore the next Monroe County EAR would
28 be due on May 1, 2021; and
29
30 WHEREAS, Section 163.3191(2), F.S, requires the transmission off -related
31 amendments within one year following the EAR due date, which would be May 21, 2022;
32 and
33 WHEREAS, in March 2013, the State Administration Commission, approved the
34 recommendation to allocate 10 years' worth of growth to Monroe County while
35 maintaining an evacuation clearance time of 24 hours, through the year 2023; and
36
37 WHEREAS, the proposed extension of the transient it moratorium provides
38 the opportunity to use 2020 census data, when it becomes available, to update and run the
39 Florida Keys hurricane evacuation model as required by Rule 28-20.140, F.A.C., to
40 reevaluate whether Monroe County has met its obligation to maintain the 24-hour
41 evacuation clearance time.
42
43 WHEREAS, since the Land Development Code and the Comprehensive Plan
44 should be consistent when they implement similar policies and regulations, Section 138-
45 23, Monroe county Code should therefore be updated concurrently with Policy 101.2.6.
46
47
Z�
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
In
M
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 138-23 of the Monroe County Code shall be amended as
To-Ilows- (Deletions are sasiekeff4hernigh and additions are underlined.)
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces, shall not be eligible for residential
ROOD allocations until May 1, 204-422,
Section 2. Saves bility. 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. R seal of Inconsistent Provisions. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Planning
Department to the Florida State Land Planning Agency pursuant to Chapter 163 and
380, Florida Statutes.
Section S. Film ry and Effective Date. 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 Florida State Land Planning Agency or Administrative Commission
finding the amendment in compliance, and if challenged until such challenge is
resolved pursuant to Chapter 120, F,S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of _, 2014.
Mayor Sylvia Murphy
Mayor Pro Tern Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
41 ATTEST: Amy Heavilin, Clerk
MN
43 Deputy Clerk
Mayor Sylvia Murphy
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
I
To:
From:
Date:
Subject:
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
We strive to be caring, professional andfair
Monroe County Board of County Commissioners
Mitchell N Harvey, AICP, Comprehensive Planning Manager
Amendment of Section 138-23, Monroe County Code Regarding Transient
Residential Units
Meeting: May 21, 2014
I REQUEST
Amend Section 138-23 of the Monroe County Code to extend the transient it moratorium Earn
May 1, 2014 to May 1, 2022 to coincide with the adoption of next round of EAR -related
amendments [schedule set by Florida Department of Economic Opportunity (DEO) in Rule 73C-
49.002, F.A.CJ.
11 BACKGROUND INFORMATION
Relevant Actions:
During the review of the 2010 transient use amendment, the Florida Department of Economic
Opportunity (DEO) in its Objections, Recommendations and Comments (ORC) Report 02-10
DEC, dated September 20 2010, recommended that the transient use moratorium be continued
until the adoption of Evaluation and Appraisal Report (EAR) -related amendments. The new EAR
scheduled released in 2011 amended Monroe County's EAR due date to May 1, 2014. EAR -
related amendments are required to be adopted within one year of the EAR.
Section 138-23 of the Monroe County Code currently states:
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 May 1, 2014.
41 Chapter 163, F.S. requires a local government to evaluate its comprehensive plan every seven
42 years and encourages local government to regularly update its comprehensive plan. Monroe
43 County has recently updated the Technical Document of the Monroe County Comprehensive Plan
44 and adopted an Evaluation and Appraisal Report (EAR) in May 22, 2012 (Resolution No. 150-
File # 2013-090 Page, I of 7
1 2012) based upon the updated Technical Document (which serves as the data and analysis for
2 EAR -based comprehensive plan amendments).
3
4 Asp of the 2010 Comprehensive Plan Update, the firm of Fishkind and Associates (Fishkind)
5 prepared a document titled "Economic Trends & Opportunities in Unincorporated Monroe
6 County" which is Appendix 4 of the Monroe County Comprehensive Plan EAR. Section 3.1.3
7 Effects of the Hotel Moratorium on Tourism in Unincorporated Monroe County states:
8
9 At present there is as Monroe County ordinance and Comprehensive Plan policy
10 effective in the unincorporated area which prohibits any new hotel development
11 throughout the unincorporated keys. This ordinance precludes all new hotel
12 roonmont development. The development prohibition is in place due to the county
13 designation as an area of critical state concern (ACgQ. Under the ACSC
14 designation hotel rooms are considered residential units and therefore would
15 require allocation from ROGO, further reducing available increments of new
16 housing supply under OGO. In the past there has been as policy recommendation
17 suggesting annual hotel occupancy must exceed 90% in order for new hotels to be
18 warranted. There are no historic records which indicate hotel occupancy has ever
19 exceeded 90% on an annual basis. Further, generally accepted standard operating
20 hotel financial performance norms indicate hotel operations are at as financial
21 breakeven point near 65%. It is for these reasons that in unrestricted markets, there
22 are usuallyfew new hotels built when the annual occupancy is consistently below
23 65% but, when annual occupancy us consistency above 65yv the market typically
24 responds by adding new hotel rooms until annual occupancy falls back to
25 approximately 65%. Throughout the hotel industry, occupancy runs between 63%
26 and 73% on an annual basis, under normal market conditions.
27
28 According to Smith Travel Research, the annual occupancy rate for Monroe County has increased
29 from 67.5% in 2008 to 75.9% in 2013 (See Exhibit A). In light of this data and analysis during the
30 development of the EAR, staff and Keith & Schnars presented several alternative strategies to
31 address the transient use moratorium. Following Keith & Schnars' presentation, Board discussion
32 and public comment, the BOCC made a motion to not include any of the proposed transient use
33 alternative strategies within the EAR.
34
35 New Issues:
36 � ionme �County is located entirely within the Florida Key Area of Critical State Concern. The
37 Governor and Cabinet, sitting as the State Administration Commission, annually reviews the
38 Monroe County Work Program as specified within Rule 28-20.140, F.A.C. One of the mandates is
39 to maintain a 24-hour evacuation level of service standard. Following the review of the progress
40 toward completing the Work Program, the Florida Administration Commission maintains or
41 reduces the annual allocation of is allowed under the Rate of Growth Ordinance (ROGO)
42 permit system.
43
44 The Florida Department of Economic Opportunity (DEO) administers the Area of Critical State
45 Concern program and provides recommendations to the Administration Commission on the
46 number of BUGG allocations base upon results of hurricane evacuation time modeling and
47 progress on work program tasks.
48
File # 2013-090 Page 2 of 7
1 In March 2013, the State Administration Commission, approved the recommendation to allocate
2 10 years' worth of growth (197 x 10 = 1,970 permits) to Monroe County while maintaining an
3 evacuation clearance time of 24 hours, through the year 2023. There are 8,168 privately owned
4 vacant parcels within unincorporated Monroe County. With just 197 permits per year, it would
5 take over 41 years' worth of annual allocations at the current rate of 197) to absorb these parcels.
6 This may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
7 in the future. This deficit of building permit allocations could trigger takings claims against both
8 the State and Monroe County, if no additional its are allowed beyond the year 2023
9
NUMBE F YEARSTO THEORETICAL
TIER VACANT ALLOCATE MAXIMUM
PARCELS ITS DENSITY"
No Tier 'CIRCA, etc. 235 766
Tier 1 3,979 4,806
Tier 11 393 590
Tier 111-A 260 553
Tier 111 3,301 5,048
TOTAL 8,16M
TOTAL 1,970
ALLOCATIONS
:7�POTENTIAL LI � ILITY�6,1�98,b
LIABILITY
10 *Assumes one (1) unit per parcel and does not to into account additional density potential,
11 ** Theoretical density analysis is based on acreage multiplied by the maximum allocated residential
12 denshyfor each FLU M category, This data isprovidedfor illustrative purposes only; conditions
13 specific to the individual parcel, including physical size, environmental sensitivity, zoning and tier
14 designation and other regulatory constraints, such as ROGO are the final determinant of development
15 potential.
16
17 Providing allocations for transient its would reduce the available allocations necessary to
18 address the residential allocation deficit. Staff is consequently recommending that Policy 1012.6
19 be amended to prohibit the allocation of new ROGO allocations for transient uses until the next
20 round of EAR -related amendments, which will be due on May 1, 2022. The proposed extension of
21 the transient it moratorium provides the opportunity to use 2020 census data, when it becomes
22 available, to update and run the Florida Keys hurricane evacuation model as required by Rule 28-
23 20.140, F.A.C., to reevaluate whether Monroe County has met its obligation to maintain the 24-
24 hour evacuation clearance time. Amendments are being proposed and currently processed as the as
25 the existing prohibition for transient is in Policy 101.2.6 expires in May 1, 2014 and the
26 comprehensive plan amendment process is lengthy.
27
28 On August 27, 2013, the Monroe County Development Review Committee reviewed the proposed
29 amendment and recommended approval to the Monroe County Planning Commission.
30
31 On September 25, 2013, the Monroe County Planning Consinission voted 4-1 to recommend
32 approval of the staff recommendation to the Board of County Commissioners.
33
34
35
36
File # 2013-090 Page 3 of 7
I III PROPOSED AMENDMENT
2
3 Section 138-23 of the Monroe County Code-
4
5 New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle
6 or travel trailer spaces, shall not be eligible for residential ROOD allocations until May 1, 204421
7
8 IV RELEVANT PRIOR COUNTY ACTIONS
9
10 The Board of County Comudssions previously adopted Ordinance No. 47-1999 on November 10,
11 1999, Creating Sec. 9.5-120.5: New transient residential units, such as hotel or motel rooms, or
12 campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential
13 ROGO allocations until January 1, 2002.
14
15 The Board of County Commissions previously adopted Ordinance No. 001-2002 on January 17,
16 2002, amending Section 9.5-120.5, Monroe County Code to extend the moratorium of new
17 transient is from to December 31, 2006.
18
19 The Board of County Commissions previously adopted Ordinance No. 001-2007 on January 17,
20 2007, amending Section 9.5-120.5, Monroe County Code to extend the moratorium of new
21 transient is to December 31, 2007.
22
23 The Board of County Commissions previously adopted Ordinance No. 003-2008 on January 16,
24 2008, amending Section 9.5-120.5, Monroe County Code to extend the moratorium of new
25 transient is to December 31, 2008.
26
27 The Board of County Commissions previously adopted Ordinance No. 023 -2010 on June 29, 2010,
28 amending Section 138-23, Monroe County Code to extend the moratorium on new transient units
29 to December 31, 2011.
30
31 The Board of County Commissions previously adopted Ordinance No. 025-2011 on December 14,
32 2011, amending Section 138-23, Monroe County Code to extend the moratorium on new transient
33 is to May 1, 2014.
34
35 V REVIEW OF APPLICATION
36
37 Existing Transient Uses
38
39 The Monroe County Tourist Development Council (TDC) gets their lodging counts from the
40 Florida Department of Business & Professional Regulation license database (See Exhibit B).
41 According to the TDC, in 2012 there were 10,376 actively licensed hotels, motels, B&Bs and
42 condo hotels in Monroe County. In addition there were 2,771 vacation rentals, resulting in a total
43 of 13,147 transient rental units. In addition, there are about 2,700 Campground/RV park its for a
44 grand total of just under 16,000 transient accommodations in Monroe County.
45
46
47
File # 2013-090 Page 4 of 7
1 Hotel Occupancy Rates
2
3 Occupancy rates are a travel industry standard for assessing the ability of available beds to meet
4 existing and anticipated demands. The Monroe County Tourist Development Council (TDC)
5 maintains a database for occupancy rates which is prepared by Smith Travel Research. Between
6 2008 and 2012, the average annual county -wide occupancy rate for Monroe County has varied
7 from 67.5% (2008) to 75.9% (2012) (See Exhibit A).
8
9 Monroe County has contracted with the firm Keith & Schnars to prepare an update of the Monroe
10 County Comprehensive Plan and Evaluation and Appraisal Report (EAR). Asp of this process,
11 Keith & Schnars, together with Fishkind and Associates, prepared an economic base analysis with
12 updated economic and population projections, titled "Economic Trends & Opportunities in
13 Unincorporated Monroe County", which evaluated the need for expanding Monroe County's
14 tourist based economy. This document serves as the data and analysis for any future amendments
15 regarding the transient use moratorium.
16
17 The economic study determined that when annual occupancy is consistency above 65%, the
18 market typically responds by adding new hotel rooms until annual occupancy falls back to
19 approximately 65%.
20 Occupancy data provided by the Tourist Development Council indicates that although the
21 occupancy rate can be as high as 90% during peak season, holidays, or special events, the average
22 annual occupancy rate for 2012 was 75.9%. This indicates that there may be need to expand the
23 available amount of transient its in Monroe County; however, at its special meeting of March
24 19, 2012, the Board of County Commissioners questioned the validity of the 65% transient unit
25 need threshold and moved to not include any changes to the current transient use policy in the
26 EAR.
27
28 Hurricane Evacuation
29
30 Policy 216.1.8 of the Monroe County 2010 Comprehensive Plan states:
31
32 Approximately 48 hours in advance of tropical storm winds, a mandatory
33 evacuation of non-residents, visitors, recreational vehicles (RVs), travel trailers,
34 live-aboards (transient and non -transient) and military personnel from the Keys
35 shall be initiated
36
37 The occupants of transient uses would therefore evacuate ahead of the permanent resident
38 population who require evacuation 24 hours prior to landfall of a major hurricane. The proposed
39 amendment would therefore not impact the County's adopted hurricane evacuation level of service
40 standard. As noted above, DEO completed hurricane evacuation modeling tasks and based on their
41 results, recommended 1970 allocations for the next ten years (2023) while maintaining an
42 evacuation clearance time of 24 hours.
43
44 VI CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE PROVISIONS AND
45 INTENT OF THE NROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
46
47 The proposed amendment is generally consistent with the following Goals, Objectives and
48 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it far thers-
File # 2013-090 Page 5 of 7
2 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
3 safety of County residents and visitors, and protect valuable natural resources.
4
5 Objective 101A Monroe County shall regulate future development and redevelopment to
6 maintain the character of the cornmunity and protect the natural resources by providing for the
7 compatible distribution of land uses consistent with the designations shown on the Future Land
8 Use Map.
9
10 Objective 101.2: Monroe County shall reduce hurricane evacuation clearance times to 24 hours by
11 the year 2010.
12
13 Policy 1011.13: Monroe County shall establish an interim Perron Allocation System for new residential
14 development. The interim perent Allocation System shall supersede Policy 10 1.2.1 and remain in place until
15 such time as Monroe County determines its fitture growth capacity based on hurricane evacuation, public
16 sidety and environmental needs including water quality and habitat protection, and amends its plan consistent
17 with such detemunation, based on the results of the work program as set forth below. DER BRS, DCA and
18 Monroe County shall develop a coordinated permit review process that will insure that no state agency shall
19 issue a wastewater disposal pernut that would allow development in excess of the number of pennits that
20 Monroe County may issue under this interim policy. Similarly, Monroe County shall not issue development
21 permits order flus interim policy in excess of wastewater disposal permits that DEP or DOH may issue. For
22 years 3 and 4 of the work program the interim Permit Allocation System shall allow a mininfurn of 88 new
23 residential permits per year winch may be used to address the backlog of ROGO allocations.
24
25 Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO Exemption
26 (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms,
27 campground/recreational vehicle spaces and/or mobile homes to another site in the same ROGO
28 sub -area, provided that they are lawfully existing and can be accounted for in the County's
29 hurricane evacuation model. In addition, the receiver site shall be located within a Tier III area
30 outside a designated Special Protection Area and for a receiver site on Big Pine Key and No Name
31 Key, the sending site shall also be located on one of those two islands.
32
33 Objective 101.11: Mon -roe County shall implement measures to direct future growth away from
34 envicantrientally sensitive land and towards established development areas seived by existing public facilities.
35
36 Objective 216.1: Monroe County shall reduce hurricane evacuation clearance time to 24 news by the year
37 2010.
38
39 Policy 216.1.1: Within one year of the effective date of this plan, Monroe County shall adopt Land
40 Development Regulations which establish a Permit Allocation System for new residentod development The
41 Permit Allocation System shall limit the number of its issued for new residential development to be
42 consistent vqth the Future Land Use Element in order to maintain hurricane evacuation clearance times at a
43 maximum of 24 house,
44
45
46
47
File N 2013-090 Page 6 of 7
I VII CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE PROVISIONS AND
2 INTENT OF THE MONROE COUNT Y Em LAND DEVELOPMENT CODE
3
4 In accordance with MCC§ 102-158(d)(5), the BOCK may consider the adoption of an ordinance
5 enacting the proposed change based on one or more of the following factors:
6
7 1. Changed projections ib.g, regarding public service needs) Ross those on which the text Of
8 boundary was based,
9 NA
10
11 2. Changed assumptions (e,g., regarding demographic trends);
12 NA
13
14 3. Data errors, including errors in mapping, vegetative types and naturalfeatures described in
15 Volume I of platy-
16 NA
17
18 4. New issues,-
19 See Data Updates
20
21 5. Recognition of a needfor additional detail or comprehensiveness,- or
22 NA
23
24 6. Data updates.
25 New 2010 Census Data
26 New Run of the Florida Keys Hurricane Evacuation Model
27 New ROGO Allocations by the State Administration Commission
28 New 2012 Evaluation and Appraisal Report (EAR)
29 New EAR Schedule, Rule 73C-49.002, F.A.C.
30
31 Vill RECOMMENDATION
32 Staff recommends approval.
33
34 IX EXHIBITS
35 i> Draft EAR Transient Use Strategies. October, 2011
36 2. 3-19-2012 BOCC Minutes
37 3. Count of Lodging Units
38 4. List of RV/Campground Units
39 5. Hurricane Evacuation Model MOD Transient Units
40 6. Hotel Occupancy Report
41
42
File # 2013-090 Page 7 of 7
Monroe County Comproloolorre plan Update
Evaluation and Appraisal Report
Consider Hotel Unit Development Options:
a. As noted earlier, hotel unit development is also under the residential ROGO
constraint. To the degree that hotel and tourist evacuations begin 48 hours prior to
general evacuations (with a 6 hour overlap with general evacuations), hotels and
tourists do not appear to currently pose a hurricane evacuation bottleneck. To the
degree new hotel units should be encouraged, along with off season occupancy
support policy, and to the degree the number of hotel rooms and tourists are
declining, hotels are recommended to be removed from the residential ROGO
constraint and be allowed to develop or redevelop as market forces dictate. This
would allow successful properties unimpeded opportunity to improve and support
the tourist industry throughout the Keys.
b. If there is no competition with allocations within Tier III designated parcels,
consider allowing the remaining allocations in a subarea to be provided for
hoteUmotel development.
c. The County could consider giving a percentage of the annual allocation for
transient unit development.
d. The County could consider giving a percentage of the annual allocation based
upon occupancy rates of transient units (for example 5% at 55% occupancy, 10%
and 60% occupancy, 15% and 65% occupancy, and 20% at 70% or greater
occupancy).
• For policy considerations, how the County counts rooms versus units may provide
some additional flexibility with respect to hotellmotel redevelopment
opportunities. For example, hotel suites with more rooms per 'unit" may allow
existing hotels to add capacity without triggering other evacuation constraints on
new development_ -this policy direction should be evaluated.
The Reastandpa, of That Page Cosesecoaday Left Bknk
Chapter 4: Major Issues alysis 4-46 Reduction and Appraisal Report
October 2011 Keith add Schnars, PA
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SpecialMecting
Board of County Commissionem
Monday, March 19,2012
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissionere
converied at 9.00 A.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner Header Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent, Commissioner Kim Wigington and Mayor avid P. Rice. AJso present at the meeting
were Roman Heated, County Administrator, Debbie Frederick, Assistant County Administrator,
Suzanne Hutton, County Attorney; Danny L Kolhage, Clerk of Courts; County Staft members
of the press and radio; and the general public.
ADDMONS, CORREC'PIONS, DELETIONS
I tem B I The Board deleted from theagands, discussion and approval of an Ordinarew to be
submitted to the Florida Fish and Wildlife Conservation Commission (FWC), in association with
the FIND Pilot proaxam on ancharing and mooring add in partnership with the Cities of
Marathon and Key WeA 1) designating managed anchoring zones in specific geopeNdric
locations in KeYs'waters (Sunset Covc� Boca Chico basin, Cow Key Channel, and Key West
harbor) within which regulations are hoped (requirement of a USCG Auxiliary Vessel
Safety Check (VSQ inspection, proof of purnpout and prohibition of floating Structures), and 2)
creating no -anchoring buffiar zones adjacent to the public mooring fields in Key West and
Marathon.
It US Debbie Love, AICC Pixgect Manager and Dawn C. Sonnebom, Aly, Director of
Planning with the firm Keith and Schnars, P.A. (K&S), who were hired to update the Monroe
County Year 2010 Technical Document, presented the second portion of the Evaluation and
Appraisal Rupert (EAR) of the Monroe County Year 2010 Comprefiensive Plan.
Christine Hurley, Growth Management Diremor and members of her Staff were
present throughout the day during the presentation. Mark Reach, Executive Director of the Land
Authority was also present. The following public Weaken addresed the Board numerous notes
throughout the day: Captain Ed Davidson, Chairman Emeritus of the Florida Audubon Society
and Chairman of the Florida Keys Citizens Coalition; Alicia Putney, representing herself and The
Solar Community of No Name Key; Dottie Mesa, Ron Miller. Deb Curfice, Ann Morkill
representing the United Starts Fish A Wildlife Commission; and Ron Demes, representing the
Key West Naval Air Station.
A Power Point Presentation entitled Evaluation and Appraisal Report Overview,
dated March 19, 2012, consisting of 182 slides was discussed with the following action taken:
Run
Motion was made by Commissioner Murphy and seconded by Commissioner
Peugeot to approve Slide 55 - Chapter 4-. Major tons& Issue Statement: Promote economic
sustainability, in a manner consistent with eneireamental stewardship, with a special focus upon
existing businesses. Stragagies-
RLUWjdLdndJAAJJ&;
Designate economic business locations (Community Centers) on the Form
Land Use Map (FLUM) and define how to emmurage;
Consider adding an Economic Sustainability Element, with an emphasis on
redevelopment
Motion carried unammously.
Motion was made by Commissioner Murphy and seconded by Commissioner
I to approve Slide 56 - Chapter 4: Major Issurm, Is Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strategies:
Consider better atigmerent/consistency between LCPs and existing policies or
now Economic Sustainability Element, Any changes to the LCPo must be
approved by the stakeholdere.
Motion carried unaninesusly.
Motion was made by Commissioner Carruthers and seconded by Cornmissioner
Neugent to approve Slide 57 - Chapter 4- Major Issues. Issue Statement. Promote economic
sustainability, in a manner consistent with envirstranental stewardship, with a special focus upon
existing businemes. Strategiew
Encourage and incentivize Sman building in redevelopment and green lodging
cortification for hotcVmotel facilities, Consider extending green building
incentives into ROGO and NROGO. Consider focusing on redevelopment.
Motion carded unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to delete Slide 58 - Chapter 4: Major Issues. Issue Statement: Promote economic
sustainstrility, in a mannar consistent with environmental stewardship, with a special focus upon
existing businesses. StrateSics-
H2kLWA12Md=
® Support TDC Office of Eco-Tourbon; however would like to hear from TDC.
• Facilitate communication and organization.
• Interface with environmental froups.
• Marketing efforts to focus on sco-tourban, reef preservation and promotion of
national wildlife parks and reserves.
Motion carried unmornausly.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to approve Slide 59, as amended - Chapter 4a Major Issues. Issue Statement: Promote
economic sustainability, in a manner consistent with environmental stewardship, with a special
focus upon existing businesses. Strat4es:
Ho—ttLaglAqm
Consider HoteUMotel Unit Development Options -
Remove from residential ROGO systeno
if no competition for allocations within Tier III shisignated parcelshr
BEq,ypB% remaining allocations &ifMj%lgJ in a sub -am to be pooled
and used for hotel development; Explore with executive public input.
Motion carried unanimously.
The Board discussed Slide 60 - Chapter 4: Major issues. issue Statement,
Promote sconsunic sustainability, in a manner consistent with environmental stewardship, with a
special focus upon existing basiumos. Stadev'"-
Consider Hotel(Motel Unit Development Options (cont'd): Ok; wait until the
build -out threshold is dned etermibefore specifically allocating mumient its
or allowing suites and then get public input.
• Sat wide a hot % of allocations for transient units.
• Set aside a %of allocations based upon hotel/motel occupancr, or
• Allow existing hotels to add suites with more rooms per "unit ".
After consideration, motion was made by Commissioner Murphy and seconded by
Commissioner to delete from consideration Slides 39 and 60. Motion carded unanimously.
The Board discussed Slide 61 - Chapter 4- Major issues. Issue Statement -
Promote ecorsontic sustainability, in a manner consistent with environmental stewardship, with a
special focus upon existing businesses. Strategies:
Chapter 4.s Major Issues
f
it
1
I
I
a
I
M:hibit 6
HISTORIC TREND REPORT - COUNTY & a W)WICODWY
SMITH TRAVEL RESEARCH W612013
TbfrdllaU"w*e*k"eaddeaearriedabAwwagoe&xrow**berob"wroOWP& SSIN aaPM"fo&PUMs11 I mgaartpLMIANdrCnapbrfir+.F Shun
2008 2009 2010 2011 2012 2013 % Chg
January
73.7%
68.5%
67.7%
60.0%
75.6%
79.2%
4.9%
February
81.6%
80.2%
80.2%
$4.4%
$6.0%
88.2%
3.8%
March
83.0%
811%
86.1%
$0.5%
89.0%
91.0%
2.2%
Apra
76.9%
80.9%
01.2%
83.0%
63.8%
83.5%
-GA%
May
74.4%
74.1%
76A%
76.2%
78.1%
78.8%
0.9%
Jerre
71.4%
73.3%
73.3%
78.4%
79.8%
July
76.6%
76.2%
78.0%
63.1%
86.1%
August
81.0%
66.6%
65.8%
69.7%
88.5%
September
35.7%
47.4%
60.3%
54.4%
67.0%
October
54.8%
58.0%
61.7%
64.0%
66.4%
November
63.1%
$3.8%
64.8%
74.2%
73.1%
December
59.3%
62.0%
01.1%
67 7%
f.0%
Tabrl 67.6% 69.4% 70.3% 74.3% 75 9% 84.0% 2.2%
2008 2009 2010 2011 2012 2013 % Chg
11111�11�1111
1111111
141111
i►"Illy-
Vdl
11111111111,l!1
•or!!
11U11N11i1i1;;i11
1
Illllli11111■1111111i
, ,
I111111111111111111111
no
January
5207.73
$164.41
$185.32
$189.03
$200.90
$225.42 7.3%
February
$230.36
$20206
$207.54
$223.35
$252.94
$207.96 6A%
March
$259.40
i206.17
3223.89
$246.29
$272.60
$298.26 9A%
April
$206.24
$104.62
$203.21
$232..23
$246..21
$246.97 0.3%
May
$189.17
i188A0
9189.18
$101.22
$203.82
$221.16 8.5%
June
5168.34
$149.21
$153.66
3175.81
$186,67
July
$170.72
$152.60
3167.52
$183.28
8192.38
August
$180.70
$141.82
$143.10
$186.89
$173.06
September
$140.36
$13617
$139.64
$157.60
$166.71
Oclobar
$164.36
$155.79
$158.37
$176.72
$185.45
NovrmlW
$165.80
$150.91
3164.42
$184.39
$193.22
December
$198.54
$192.72
$197.32
$222.86
$235.79
Total $194.88 $172.10 $179,71 $199A4 $212.87 $253.99 8.6%
IftwPAIR
2008 2009 2010 2011 2012 2013 % Chg
$163.11 $126.38 $126.45 $130.39 $158.50 $178.63 12.6%
February
3194.24
$162.09
$165.42
$168.61
$214,88
$236.39 10.0%
March
$215.20
$167.26
$190.64
$219.44
$242.60
$271.34 11.8%
Apr6
$161.90
$15-1.40
$165.04
$194.76
$206.40
$206.25 -0.1%
May
$140.61
$123.53
$129.20
$144.02
$159.16
$174.28 9.6%
June
$120.23
$109.30
$112.56
$137.78
$148.91
July
$129.03
$119.55
$122.89
$152.33
$163.68
August
$99.40
$94.46
$94.12
$116.14
$120.58
September
$60.12
$00.42
$7022
$85.75
594.95
October
$90.09
$97.08
$97.74
$113.10
$123.18
November
3104.65
$102.08
$106.56
$136.86
$141.31
December
$117.68
$119.42
$120.54
5160.79
$162.66
Total $131.59 $125.32 $126.26 $148.28 $161,53 $213.31 8.9%
,,, IeG-WAwraaaDftame
■■■�■��
511111n■■un
■��
-.\tZIEMMeMEN
r■,
�
N
NIMME■
1105melp
■i■UiOU
M■fMi1
'
�i�i►Alon
MIME
iin■""■■
.,
■II
F"!. ��.
�■l�MMi■
IZVE
■NN■��
MEMOiMM■
MM0II
MLw"*F'_%
Moffiniai
PAN
And
5w
MiM�■■M■
■■■Ili
MM iEiiM
nomad
move
um
prior "W pOINN 10 oa qunbas may be 4*Wd wtri o wW date due to raw paAalpenu proridYq tw r hbdak btomiaaor WWwpWs 9 4 11 wwAdbq qWWW prior Yana
paeronunban.
Bourns 2013 Smgh Travel Rea 1- , h, IncATR 04obai, LW. This document contalm corral trade IMormatlon and can ordy be rakase6
to third parties to r 22M to a public mcorda request pursuant to Chapter 119. Fbrida Staltub s __