Item R1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Growth Mggggernent
Bulk Item: Yes No Department: Planning &Environmental Resources
Staff Contact Person/Phone 9: Christine Hurley-289-2500
Joseph Haberman—289-2532
AGENDA ITEM WORDING:
A public hearing to consider an Ordinance amending Monroe County Code Sections 101-1, 114-19 and 138-19 revising
the provisions addressing live-aboard vessels.
(Legislative Proceeding)
ITEM BACKGROUND:
An applicant, Longsto,ck 11, LLC, is proposing the amendments to the provisions addressing live-aboard vessels,
MCC U01-1. Definitions: The applicant is proposing to redefine live-aboard vessel, as the current definition in MCC
§101-1 is not entirely consistent with the current definition in Florida Statutes(FS) §327,02(17).
MCC §114-19. Live-aboard vessels: The applicant is proposing to delete the requirement that each live-aboard shall count
as a dwelling unit for the purposes of calculating density limitations in the district in which it is permitted,
MCC §138-19, Residential rate of growth ordinance (ROGQh_The applicant is proposing to delete the term live-aboard
vessels within the definition of residential dwelling unit in MCC §13 8-19. This is relevant as MCC §13 8-21 states the
residential ROGO shall apply to all residential dwelling units for which a building permit is required by [the Land
Development Code] and for which building permits have not been issued prior to July 13, 1992, except as otherwise
provided, [The BOCC also recommended this amendment at its April 23, 2014 Special BOCC meeting, It is anticipated
the BOCC will transmit the Plan Amendments in July 2014.]. An amendment is necessary to address the following
inconsistencies:
• Vessels do not receive building permits and are not consistently accounted for in the County's, hurricane evacuation
model,as the vessels do not occupy a distinct location,
• One of the purposes of the ROGO is to limit the annual amount and rate of residential development commensurate
with the County's ability to maintain a reasonable and safe hurricane evacuation clearance time. Live-aboard vessels
impact hurricane evacuation differently. Their impact can be adequately contained by requiring all new live-aboard
vessels to be located in marinas, which are subject to major conditional use permit approval,
• The Plan requires 100% open space for wetlands and submerged lands. Density assigns units or rooms allocated per
gross acre of land, not water or submerged lands or wetlands. Requiring live-aboard vessels to be counted as a
dwelling unit for the purposes of calculating density limitations in the Code is contrary to policies in the Plan.
• ROGO allocations are awarded based on the tier system. Tier designations are assigned to areas above mean high
water only and not to submerged land. Therefore, while the Code implies a new live-aboard vessel is a residential
dwelling unit requiring a ROGO allocation, this is contrary to the density provisions and the scoring criteria for
ROGO. A ROGO application for a live-aboard vessel cannot be scored as it would be located atop of submerged land,
• Staff has found that, based on Plan policies, ROGO exemptions associated with live-aboard vessels are non-
transferrable to upland residential development, in part, because live-aboard vessel occupy is affect hurricane
evacuation differently, water is not assigned density and the Transfer of ROGO Exemption provisions only allows
`units' that are lawfully existing and can be accounted for in the County's hurricane evacuation model. Removing the
contrary provisions for live-aboard vessels in the ROGO section would in effect codify this interpretation.
During a public meeting held on March 25, 2014, the Development Review Committee reviewed the ordinance and
recommended approval to the Board of County Commissioners with revisions. During a public hearing held on May 28,
2014,the Planning Commission reviewed the ordinance and recommended approval to the BOCC with revisions.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST:—INDIRECT COST: BUDGETED: Yes —No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH— Year
APPROVED BY: County Atty4, OMB/Purchasing_ Risk Management
DOCUMENTATION.- Included Not Required_
DISPOSITION: AGENDAITEM #
1
2
3
4
5 . ,
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD COUNTY COMMISSIONERS
9 ORDINANCE NO. -2014
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINIT'IOS, AMENDING SECTION
14 114-19, LIVE-ABOARDS, AMENDING SECTION 138-19,
15 RESIDENTIAL RATE OF GROWTH ORDINANCE (RO ),
16 REVISING PROVISIONS ADDRESSING LIVE-ABOARD
17 VESSELS; PROVIDING FOR SEVE ILITY; PROVIDING FOR
18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
20 AND THE SECRETARY OF STATE; PROVIDING FOR
21 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
22
23 WHEREAS, an applicant, Longstock II, LLC, proposed amendments to the text of§101-1,
24 §114-19 and §138-19 of the Monroe County Coda and
25
26 WHEREAS, this ordinance redefines the term live-aboard vessel in the Monroe County
27 Code as the current definition of live-aboard vessel in §101-1 of the Monroe County Code is not
28 entirely consistent with the current definition of live-aboard vessel in §327.02(17') of Florida
29 Statutes; and
30
31 WHEREAS, this ordinance removes the requirement that each live-aboard vessel slip shall
32 count as a dwelling unit for the purposes of calculating density limitations in the district in which
33 it is permitted; and
34
35 WHEREAS, this ordinance removes the requirement that each new live-aboard vessel slips
36 shall receive a Residential hate of Growth Ordinance (ROGO) allocation prier to its
37 establishment; and.
38
39 "WHEREAS, this ordinance shall require all new live-aboard vessel slips to be located in
40 marinas that have adequate off-street parking, pump-out facilities and amenities for the
41 occupants of the live-aboard vessels; and
42
43 WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
44 consistent with the Principles for Guiding Development in the Florida Keys. Area of Critical
45 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
Pagel of 4
I County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
2 the Monroe County Code; and
3
4 WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text
5 amendments would be consistent with the provisions of§1 O2-15 8(d)(5)�(b) of the Monroe County
6 Code: 1. Changed projections (eg., regarding public service needs) from those on which the text
7 or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
8 errors, including errors in mapping, vegetative types and natural features described in volume 1
9 of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness;
10 or 6. Data updates. Specifically,, the proposed text amendments are necessary due to 4. New
I I issues (to have a definition of live-aboard vessel consistent with Florida Statutes) and 5. A
12 recognition of a need for additional detail or comprehensiveness (to have the provisions related
13 to live-aboard vessels appropriately reflect their impact); and
14
15 WHEREAS, during a regularly scheduled meeting held on March 25, 2014, the Monroe
16 County Development Review Committee reviewed the ordinance and recommended approval to
17 the Board of County Commissioners with revisions; and
18
19 WHEREAS, during a regularly scheduled public hearing held on May 28, 2014, the Monroe
20 County Planning Commission reviewed the ordinance and recommended approval to the Board
21 of County Commissioners with revisions;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
24 COUNTY COMMISSIONERS:
25
26 Section 1. Section 10 1-I of the Monroe County Code shall be amended as follows (deletions are
27 stfieken dr-ou and additions are underlined):
28
29 See. 101-1. Deftitions,
30
31 The following words, terms and phrases, when used in this ehapte Land Development
32 Code, shall have the meanings ascribed to them in this section, except where the context
33 clearly indicates a different meaning
34
35 Live-aboard vessel, as defined in F.S. section 327.02 means a vessel used solely as
,=me _1 any-
36 a residence and not for navigation-, b) any vessel represented as a place of business or a
37 professional or other commercial enterprise; or c) any vessel for which a declaration of
38 domicile has been filed pursuant to F.S. section 222.17. afty Nessel used selely as a
39 , a pr-efessional of Aer
40 eermnereial enterprise, or a legal fesidenee. A commercial fishing boat is expressly
41 excluded from the term '-'live-aboard vessel,"
42
43
44 Section 2. Section 114-19 of the Monroe County Code shall be amended as follows (deletions
45 are stfieken 04E) and additions are:underlined):
46
Page 2 of 4
I Sec. 114-19. Live-aheaf& aboard vessels.
2
3 Live-a aboard vessels shall be hooked up to an on-land sewage disposal system or
4 shall be provided with onshore sanitary facilities, and eaeh five
A.-
5 fer-the PUF19-S-8 IMALIM, tFi et i R-Whieh-44
6 Sri . New live-aboard vessel slins-shall only be permitted in marinas that have
7 ad uate off-street parking, um -out facilities and amenities for the occLipants of the
8 live-aboard vessels.
9
10
11 Section 3. Section 138-19 of the Monroe County Code shall be amended as follows (deletions
12 are strieke-A. and additions are underlined
13
14 Sec. 138-19. Residential rate of growth ordinance(ROGO).
15
16 (a) Definitions. The following words, terms and phrases, when used in this article, shall
17 have the meanings ascribed to them in this section, except where the context clearly
18 indicates a different meaning:
19
20 Residential dwelling unit means a dwelling unit as defined in section 101-1, and
21 expressly includes the following other terms also specifically defined in section 10 1-
22 1: rooms, hotel or motel, campground spaces, mobile homes, transient residential
23 unitsT and institutional residential units (except hospital rooms) aed
24
25
26
27 Section 4. Severabfty.
28
29 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
30 adjudged by any court of competent jurisdiction to be invalid, such Judgment shall not affect,
31 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
32 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
33 involved in the controversy in which such jiudgrncnt or decree shall be rendered.
34
35 Section 5. Conflicting Provisions.
36
37 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
38 extent of said conflict.
39
40 Section 6. Transmittal.
41
42 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
43 380.05 (11) and F.S. 380.0552(9).
44
45
46
Page 3 of 4
I Section 7. Filing.
2
3 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
4 become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6)by
5 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
6 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
7 Chapter 120.
8
9 Section 8. Inclusion in the Mont2k County Code.
10
11 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
12 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
13 appropriately renumbered to conform to the uniform marking system of the Code.
14
15 Section 9. Effective Date.
16
17 This ordinance shall become effective as provided by law and stated above.
18
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
21 at a regular meeting held on the day of 2014.
22
23 Mayor Sylvia Murphy
24 Mayor pro tem Danny L. Kolhage
25 Commissioner Heather Carruthers
26 Commissioner George Neugent
27 Commissioner David Rice
28
29 BOARD OF COUNTY COMMISSIONERS
30 OF MO OE COUNTY, FLORIDA
31
32 BY:
33 Mayor Sylvia Murphy
34 (SEAL)
35 ATTEST: AMY HEAVILIN, CLERK
36
37
38 Deputy Clerk
hi iD N�C()W,JT ATTORhIEY
'PROVED AS�' FOA
P
Page 4 of 4 Date
s�i o
nii r ria//iJge
N
/�f'"`�
rer'
MEMORANDUM
MONROE COUNTY PLANNING& ENVIRONMENTAL RuouRCEs DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman,AICP', Planning&,Development Review Manager
Date: June 17, 2014
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUN77
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1,
DEFINITIONS, AMENDING SECTION 114-19, LIVE-ABCAROS, AMENDING
SECTION 138-19, RESIDENT1AL RATE OF GROWTH ORDINANCE ('ROGO),
REVISING PROVISIONS ADDRESSING LIVE-ABOARD VESSELS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,
PROVIDING FOR CODIFICATION,- PROVIDING FOR AN EFFECTIVE DATE.
Meeting: July 16,20141
1
2 I REQUEST
3
4 An applicant, Longstock II, LLC, is proposing amendments to the text of §101-1, §114-19
5 and §138-19 of the Monroe County Code (MCC). The proposed amendments address live-
6 aboard vessels.
7
8 II RELEVANT PRIOR COUNTY ACTIONS:
9
10 Based on a review of ordinances on file, the subject provisions relating to live-aboard vessels
11 were adopted on September 15, 1986 as part of the original MCC (Ordinance#33-198'6).
12
13 During a public meeting held on. March 25, 2014, the Development .Review Committee
14 (DRC) reviewed the ordinance and recommended approval to the Board of County
15 Commissioners with revisions.
16
17 During a public hearing held on May 28, 2014, the Planning Commission reviewed the
18 ordinance and recommended approval to the BOCC with revisions.
19
20 III REVIEW
21
22 MCC §101-1. Definitions:
23
Page 1 of 6(File 2014- 2 )
I The applicant is proposing to redefine live-aboard vessel, as the current definition in MCC
2 §101-1 is not entirely consistent with the current definition in Florida Statutes (FS)
3 §327.02(17):
4
5 Monroe County Code: Any vessel used solely as a residence or any vessel represented as
6 a place of business, a professional or other commercial enterprise, or a legal residence. A
7 commercial fishing boat is expressly excluded from the term "live-aboard vessel."
8
9 Florida Statutes: (a) any vessel used solely as a residence and not for navigation; (b) any
10 vessel represented as a place of business or a professional or other commercial enterprise;
11 or (c) any vessel for which a declaration of domicile has been filed pursuant to F.S.
12 §222.17.
13
14 The applicant initially requested an amendment that removed the existing definition and
15 directed readers of the MCC §101-1 to FS §327.02. As such, live-aboard vessel would not
16 have been defined directly in the MCC.
17
18 Staff recommended a revision at the DRC meeting and at the May 28, 2014 public hearing to
19 include the definition from FS §327.02 in MCC §101-1. Staff recommended this action so
20 that a) a reader of the MCC would not have to navigate to a second document to find a
21 defined term and b) the County would be afforded the protection of having the defined term
22 in the MCC in the event that the definition is deleted in FS §327.02 or moved to another FS
23 section.
24
25 The Planning Commission recommended revisions at the May 28, 2014 public hearing to
26 include "solely" prior to for navigation in the new definition, include "or" prior to (b) in the
27 new definition; and to maintain the existing statement "A commercial fishing boat is
28 expressly excluded from the term live-aboard vessel."
29
30 At the May 28, 2014 public hearing, the applicant accepted staff s recommendation to
31 include the statutory definition in the MCC rather than a reference thereto. In addition, after
32 the May 28, 2014 public hearing the applicant accepted the Planning Commission'
33 recommendation to include the statement: "A commercial fishing boat is expressly excluded
34 from the term live-aboard vessel." However, for legal reasons, the applicant did not accept
35 the Planning Commission's recommended changes that altered the statutory definition
36 provided in FS §327.02 (note: the Assistant County Attorney agreed that the County should
37 not deviate from the statutory definition provided in FS §327.02).
38
39 MCC §1.14-19:
40
41 The applicant is proposing to delete the requirement that each live-aboard shall count as a
42 dwelling unit for the purposes of calculating density limitations in the district in which it is
43 permitted,
44
45 As submerged land cannot be used for residential density purposes, it is contradictory to
46 require live-aboard vessels which are located at docking facilities atop submerged land to
Page 2 of 6(File#2014-025)
I utilize the residential density development potential associated with upland areas of the
2 development that are situated above mean high water.
3
4 Staff recommended the following revision at the DRC meeting and at the May 28, 2014
5 public hearing to ensure that new live-aboard vessel slips are located in appropriate locations:
6 "New live-aboard vessel slips shall only be permitted in marinas that have adequate off-street
7 parking, pump-out facilities and amenities for the occupants of the live-aboard vessels."
8
9 At the May 28, 2014 public hearing, the applicant accepted staffs recommendation.
10
11 MCC U38-19:
12
13 The applicant is proposing to delete the term live-aboard vessels within the definition of
14 residential dwelling unit in MCC §138-19. This is relevant as MCC §138-21 states the
15 residential ROGO shall apply to all residential dwelling units for which a building permit is
16 required by [the Land Development Code] and for which building permits have not been
17 issued prior to July 13, 1992, except as otherwise provided herein.
18
19 The adopted Monroe County Comprehensive Plan (MCCP) provisions and MCC provisions
20 for live aboard vessels and awarding ROGO allocations or exemptions is problematic and
21 creates inconsistencies.
22
23 The subject MCC provisions were adopted on September 15, 1986, prior to the effective date
24 of the Residential Rate of Growth Ordinance(ROGO) in 1992. Pursuant to MCC §13 8-19:(b),
25 the ROGO has the following purpose and intent:
26
27 (b)Purpose and intent. The purposes and intent of residential ROGO are:
28 (1) To facilitate implementation of goals, objectives and policies set forth in the
29 comprehensive plan relating to protection of residents, visitors and property in the
30 county from natural disasters, specifically including hurricanes;
31 (2) To limit the annual amount and rate of residential development commensurate with
32 the county's ability to maintain a reasonable and safe hurricane evacuation clearance
33 time;
34 (3) To regulate the rate and location of growth in order to further deter deterioration of
35 public facility service levels, environmental degradation and potential land use
36 conflicts;
37 (4) To allocate the limited number of dwelling units available annually hereunder,
38 based upon the goals, objectives and policies set forth in the comprehensive plan; and
39 (5) To implement goal 105 of the [MCCP].
40
41 First, vessels do not receive building permits and are not consistently accounted for in the
42 County's hurricane evacuation model, as the vessels do not occupy a distinct location.
43
44 Secondly, one of the purposes of the ROGO is to limit the annual amount and rate of
45 residential development commensurate with the county's ability to maintain a reasonable and
46 safe hurricane evacuation clearance time. Live-aboard vessels impact hurricane evacuation
Page 3 of 6(File#2014-025)
I differently than upland development. Their impact can be adequately contained by requiring
2 all new live-aboard vessels to be located in marinas, which are subject to major conditional
3 use permit approval (see staff recommendation to MCC §114-19).
4
5 Thirdly, the MCCP (Policies 101.4.22, 102.1.1 and 204.2.1) requires 100% open space for
6 wetlands and submerged lands. Additionally, the adopted policies state; "Allocated density
7 (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh
8 and buttonwood wetlands only for use as transferable development rights away from these
9 habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be
10 assigned any density or intensity." Density assigns units or rooms allocated per gross acre of
11 land, not water or submerged lands or wetlands. Requiring live-aboard vessels to be counted
12 as a dwelling unit for the purposes of calculating density limitations in MCC §114-19 is
13 contrary to policies in the MCCP.
14
15 Fourthly, ROGO allocations are awarded based on the tier system. Tier designations are
16 assigned to areas above mean high water only and not to submerged land, Therefore, while
17 the MCC implies a new live-aboard vessel is a residential dwelling unit requiring a ROGO
18 allocation, this is contrary to the density provisions and the scoring criteria for ROGO. Staff
19 cannot score a ROGO application for a live-aboard vessel as it would be located atop of
20 submerged land.
21
22 Finally, staff has found that, based on MCCP policies, ROGO exemptions associated with
23 live-aboard vessels are non-transferrable to upland residential development, in part, because
24 live-aboard vessel occupants affect hurricane evacuation differently, water is not assigned
25 density and the Transfer of ROGO Exemption provisions only allows 'units' that are lawfully
26 existing and can be accounted for in the County's hurricane evacuation model. Removing the
27 contrary provisions for live-aboard vessels in the ROGO permit allocation system section
28 would in effect codify this interpretation.
29
30 Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO
31 Exemption (TRE), that would allow for the transfer off-site of dwelling units, hotel
32 rooms, campground/recreational vehicle spaces and/or mobile homes to another site in
33 the same ROGO sub-area, provided that they are lawfully existing and can be accounted
34 for in the County's hurricane evacuation model. In addition, the receiver site shall be
35 located within a Tier III area outside a designated Special Protection Area and for a
36 receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
37 one of those two islands.
38
39 In addition, as part of the MCCP update, the Planning Commission recommended to the
40 BOCC approval of the following amendment:
41
42 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
43 distinct location, and therefore cannot be accounted for in the County's hurricane
44 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
45 or associated wet slips be transferred upland or converted to a dwelling unit of any other
Page 4 of 6(File#2014-025)
I type. Vessels or associated wet slips are not considered ROGO allocation awards, and
2 may not be used as the basis for any type of ROGO exemption or TRE.
3
4 The BOCC also recommended the above amendment at its April 23, 2014 Special BOCC
5 meeting. It is anticipated the BOCC will transmit the Comp Plan Amendments in July 2014.
6
7 The following changes are proposed. Deletions proposed by the applicant are &#i4ken
8 and additions proposed by the applicant are underlined, Text to remain the same is in
9 black.
10
11 Sec. 101-1. DefMitions.
12
13 The following words, terms and phrases, when used in this ehapter- Land Development
14 Code, shall have the meanings ascribed to them in this section, except where the context
15 clearly indicates a different meaning
16
17 Live-aboard vessel, as defined in F.S. section 327.02-,means a) any vessel used solely as
18 a residence and not for navigation; b) any vessel roresented as a place of business or a
19 professional or other commercial entgprise; or 0 any vessel for which a declaration of
20 domicile has been filed pursuant to F.S. section 222.17. any vessel
;Aenee or any l
21 sional er- edit*
22 EfflF.B. atee. A commercial fishing boat is expressly
23 excluded from the term ""live-aboard vessel`."
24
25
26 [Planning Commission Recommendation]
27 (Differences Highlighted)
28
29 Sec. 101-1. Definitions.
30
31 The following words, terms and phrases, when used in this ehapt-K Land Development
32 Code, shall have the meanings ascribed to them in this section, except where the context
33 clearly indicates a different meaning
34
35 Live-aboard vessel do M-A — 17 0
2n:�. . means any vessel al-used-solel
36 as a residence and not solely for navigation-, or b) Lej2resented as a place of business or a
37 professional or other commercial enterprise; or c) for which a declaration of domicile has
38 been filed pursuant to F.S. section 222.17.
39
al_ormu W
40 ftee-. A commercial fishing boat is expressly excluded from the term "live
41 aboard vessel."
42
43
44
45
46
Page 5 of 6(File#2014-025)
1
2 See. 114-19. Live-al ads aboard vessels.
3
4 Live-ads aboard vessels shall be hooked up to an on-land sewage disposal system or
5 shall be provided with onshore sanitary facilities and ---I 1-ye-aboaT.4 ^111 as-a
6 .119 in the distF� in W
7 L New live-aboard vessel slips shall only be permitted in marinas that have
8 adquate off-street parking, pum -out facilities and amenities for the occupants of the
9 live-aboard vessels.
10
11
12 See. 138-19. Residential rate of growth ordinance (ROGO).
13
14 (a) Definitions. The following words, terms and phrases, when used in this article, shall
15 have the meanings ascribed to them in this section, except where the context clearly
16 indicates a different meaning:
17
18 Residential dwelling unit means a dwelling unit as defined in section 101-1, and
19 expressly includes the following other terms also specifically defined in section 101-
20 1: rooms, hotel or motel, campground spaces, mobile homes, transient residential
21 units3 and institutional residential units (except hospital rooms) and hye A
22 vessels.
23
24
25 IV RECOMMENDATION
26
27 Staff has found that the proposed text amendments would be consistent with the provisions of
28 §I 02-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
29 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
30 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
31 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
32 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
33 the proposed text amendments are necessary due to 4. New issues and 5. A recognition of a
34 need for additional detail or comprehensiveness.
35
36 Staff recommends approval.
Page 6 of 6(File#2014-025)
,uy pie
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P18-14
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY LONGSTOCK I1, LLC FOR. AN ORDINANCE
BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE
SECTION I01-1, DEFINITIONS, AMENDING SECTION 114-
19, LIVE-ABOARDS, AMENDING SECTION 138-19,
RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO),
REVISING PROVISIONS ADDRESSING LIVE-ABOARD
VESSELS, PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE,
WHEREAS, during a scheduled public meeting held on May 28, 2014, the Monroe
County Planning Commission conducted a review and consideration of a request filed by
Longstock II, LLC for a text amendment to amend §101-1, §114-19 and §138-19 of the Monroe
County Code; and
WHEREAS, the applicant, Longstock II, LLC, is proposing amendments to the
regulations that address live-aboard vessels; and
WHEREAS, this ordinance redefines the term live-aboard vessel in the Monroe County
Code; and
WHEREAS, this ordinance removes the requirement that each live-aboard vessel slip
shall count as a dwelling unit for the purposes of calculating density limitations in the district in
which it is permitted; and
WHEREAS, this ordinance removes the requirement that each new live-aboard vessel
slips shall receive a Residential Rate of Growth Ordinance (ROGO) allocation prior to its
establishment; and
Resolution#P 18-14
File#2014-025 Page 1 of 4
WHEREAS, this ordinance shall require all new live-aboard vessel slips to be located in
marinas that have adequate off-street parking, pump-out facilities and amenities for the
occupants of'the live-aboard vessels; and
WHEREAS, during a regularly scheduled meeting held on March 25, 2014, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners with revisions; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
I. Staff report prepared by Joseph Haberman, AICP, Planning& Development Review
Manager, dated May 16,: 2014 and revised May 20, 2014; and
2. Draft Ordinance; and
3. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
4. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
Attorneys, and Jon Wolfe, Planning Commission Counsel; and
WHEREAS, at the May 28, 2014 public hearing, the Planning Commission requested
substantive revisions to the proposed new definition of live aboard vessel:
Live-aboard vessel; as defined in F.S. seefien 327.02--, means any vessel a) any--vessel
used solely as a residence and not solely for navigation; or b) any-ies&el represented as a
place of business or a professional or other commercial enterprise; or c) vessel for
which a declaration of domicile has been filed pursuant to F.S. section 222.17. A
commercial fishing boat is expressly excluded from the term "live-aboard vessel."
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
2. §102-158(d)(5)(b) of'the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (eg., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; arid/or
f. Data updates; and/or
Resolution#P 18-14
File#2014-025 Page 2 of 4
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
3. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. The proposed text amendments are consistent with the provisions, and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendments are consistent with the provisions, and intent of the
Monroe County Code. The proposed text amendment meets the standards for text
amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code,
specifically, due to new issues and a recognition of a need for additional detail or
comprehensiveness.
3. The proposed text amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
following text amendment:
Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are
st6ekea4hFe+igh and additions are underlined).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a meeting held on the 28th of May, 2014.
Chair Wiatt YES,
Commissioner Hale YES
Commissioner Lustberg YES
Commissioner Miller YES
Commissioner Werling YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
William Wiatt, Chair
Signed this day of 2014.
Resolution 018-14
File#2014-025 Page 3 of 4
Exhibit A
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this ehapt Land Development
Code, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Live-aboard vessel means M vessel a) used solely as a residence and not solely'for
navigation; or b) represented as a place of business or a professional or other commercial
enterprise, or c) for which a declaration of domicile has been filed pursuant to F.S.
section 222.17. anyvessel used solely as a residenee or- ffi-y vessel represented as a plaee
of business� a professional er- ethei-- eemmemial eat . . I i legal msidenee. A
commercial fishing boat is expressly excluded from the term "live-aboard vessel."
Sec. 114-19. Live-aboards aboard vessels.
Live-a 'aboard vessels shall be hooked up to an on-land sewage disposal system or
shall be provided with onshore sanitary facilities, affid eaeb live abee&d shall-eount-voe
r--+U- - eses of ealeUlati" Aeftq4_, in-Whie"
0 X�X�FUT
is-pc rn.++-
A&V . New live-aboard vessel slips shall only be permitted in marinas that have
adequate off-street parkin . pump-out facilities and amenities for the occupants of the
live-aboard vessels.
See. 138-19. Residential rate of growth ordinance (ROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Residential dwelling unit means a dwelling unit as defined in section 101-1, and
expressly includes the following other terms also specifically defined in section 101-
1: rooms, hotel or motel, campground spaces, mobile homes, transient residential
units; and institutional residential units (except hospital rooms) and live-a
vea"6.
Resolution#P 18-14
File#2014-025 Page 4 of 4
U
t
MONROE COU111�ri,FLORIDA
DEVELOPMENT1✓+ COMMITTEE
RESOLUTION NO. CC -1
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTALRESOURCES AND CHAIR OF THE
DEVELOPMENT VIEW COMMITTEE CO ENDING
APPROVAL OF THE REQUEST BY LO GSTOCK II, LLC
FOR AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MO CIE
COUNTY CODE SECTION 11-1, DEFINITIONS,AMENDING
SECTION I14-1 , LIVE-ABOARDS, AMENDING SECTION
138-19, RESIDENTIAL RATE OF GROWTH ORDINANCE
( O ), REVISING PROVISIONS ADDRESSING
LIVE-LIVE-
ABOARD VESSELS, PROVIDING FOR SEVE ILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, during a regularly scheduled meeting held on March 25, 2014, the
Development Review Co ( C) of Monroe County conducted a review and
consideration of a request Filed by Longstock 11, LLC for an amendment to the text of§101-1,
§114-19 and §138-19 of the Monroe County Code(MCC); and
WHEREAS, the applicant, Long stock II, LLC, is proposing amendments to the
regulations that address live-aboard vessels; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & En ` a ental
Resources found:
1. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Code; and
Resolution#DRC 07-14
File 2014-025 Page 1 of
3. The proposed text amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Can m;and
RESOLVEDNOW THEREFORE, BE IT
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the March 25, 2014 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners with
revisions as discussed at the meeting.
Date 6_ t „ e� ,,,,.�,. .�� ,,, .
Townley ch ieielpmentRe�viei�Committee�Chair and
Senior Director ofPlanning and Environmental esa ces
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid,to take acknowledgments,personally appeared To ley Schwab,to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same,
�t
WITNESS my hand and official seal in the County and State last aforesaid this day of
2014.
-4NOT Y P IC, STATE F ORIDA
4.e'1FRv w'ee. /SNQREA 1L.CNP
ECkH
My
ties Notary Public-G o1 f
to 10,2014
C i:alon 4 1
a' 8arded Through
Resolution#DRC 07-14
File#2014-025 Wage 2 of