Item E1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17. 2002
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning
AGENDA ITEM WORDING: A public hearing to consider proposed revisions to Section 9.5-120.5 of the Monroe
County Code, which will extend the prohibition on issuance of pennits for new transient residential units
ITEM BACKGROUND:
Policy 101.2.6 of The Monroe County Year 2010 Comprehensive Plan states "By January 4, 1996, Monroe County shall
adopt Land Use Development Regulations which prohibit new transient residential units including hotel or motel rooms,
campground spaces, or spaces for parking of recreational vehicle or travel trailer until December 31, 2001. Monroe County
shall either extend this prohibition until December 2006 or revise the Pennit Allocation System to allocate a percentage of
residential growth to transient units."
In response to the above stated Comprehensive Plan mandate, Monroe County adopted Sec. 9.5-120.5. Moratorium on new
transient units which 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 January 1, 2002."
The Monroe County Planning Department is currently working toward the completion of the Livable CommuniKeys
Program. This program will culminate in the development of Master Plans for all of the unincorporated communities of the
Florida Keys. These Plans will, among other issues, include opportunities for the development of new transient residential
units, identify appropriate locations and appropriate numbers of units. The Livable Communikeys Program will aid in
developing a new Pennit Allocation System. No changes have, as yet been proposed to allow for the pennitting of
transitional units. It is, therefore, necessary to take the appropriate steps to extend the moratorium up to December 31,
2006.
The Monroe County Development Review Committee, at a public meeting on December 18, 200 I, after a review of the staff
report, voted to approve the new text as presented.
The Monroe County Planning Commission, at a public hearing on January 9, 2002, will review the staff report, sworn
testimony of the planning staff, and public comment, and make its recommendation to the Board of County Commissioners.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO COUNTY:None
REVENUE PRODUCING:
N/A
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty. X-
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ---X- To Follow_
DISPOSITION:
AGENDA ITEM # J -r7
Revised 2/27/01
LAND DEVELOPMENT REGULATIONS TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY WEST
JANUARY 17, 2002
PROPOSED LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
PROPOSED TEXT AMENDMENT RECOMMENDATIONS
Staff:
Approval
November 19,2001
Staff Report
DRC
Approval
December 18, 2001
Resolution #026-01
PC
Required
Resolution #P88-01
ORDINANCE NO.
-2002
AN ORDINANCE AMENDING THE MONROE COUNTY CODE
BY THE AMENDMENT OF TEXT TO SEC.9.S-120.S;
PROVIDING FOR THE SEVERIBILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF
THE BOARD TO FORWARD A CERTIFIED COpy OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Monroe County Development Review Committee was
presented with a staff report prepared November 19, 2001 by Fred Gross,
Island Planning Team Director; and
WHEREAS, the Development Review Committee on December 18,
2001 reviewed the staff report Findings of Fact and proposed text
amendment to Section 9.5-120.5 and recommended approval of the
proposed text amendment; and
WHEREAS, on December 27, 2001, After further review by staff, it
was determined that the modifications to the new text should be amended to
exclude all new text except for the change in date, since any regulations that
would cause the new date to be revised would be subject to review by the
Planning Commission, and the Board of County Commissioners.
WHEREAS, the Monroe County Planning Commission, on January 9,
2002, at a regularly scheduled public hearing on the proposed text and
recommended approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners,
during a regular meeting held on January 17 2002, conducted a review and
consideration of the proposed text and recommendations of staff; and
WHEREAS, The Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby
incorporated as part of the record of said hearing;
1. Staffs report prepared on January 10, 2002 by Fred Gross, Island
Planning Team Director.
2. Proposed changes to the Monroe County Land Development Regulations;
and
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3. Sworn testimony of the planning staff; and
WHEREAS, the Monroe County Board of County Commissioners has
made the following Findings of Fact and Conclusions of Law based on the
evidence presented:
1. Policy 101.2.6 of The Monroe County Year 2010 Comprehensive Plan
states "By January 4, 1996, Monroe County shall adopt Land Use
Development Regulations which prohibit new transient residential units
including hotel or motel rooms, campground spaces, or spaces for parking of
recreational vehicle or travel trailer until December 31, 2001. Monroe
County shall either extend this prohibition until December 2006 or revise the
Permit Allocation System to allocate a percentage of residential growth to
transient units;" and
2. In response to the above stated Comprehensive Plan mandate, Monroe
County adopted Sec. 9.5-120.5. Moratorium on new transient units which
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 January 1, 2002;" and
3. The Monroe County Planning Department is currently working toward
the completion of the Livable CommuniKeys Program; and
4. 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, identify appropriate locations and appropriate
numbers of units; and
5. The Livable Communikeys Program will aid in developing a new Permit
Allocatj~m System; and
6. No changes have, as yet been proposed to allow for the permitting of
transitional units; and
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendment to the Monroe County Code submitted
by the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners
hereby supports the decision of the Monroe County Planning Commission and
the staff of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be
approved, adopted and transmitted to the state land-planning agency for
approval.
Page 2 of 4
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 is hereby amended to include
the following:
Monroe County Land Development Regulations
Sec. 9.5-120.5.
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 J;:lnu~ry 1, 2002 December 31, 2006.
* Underlined text is new
Section 2. 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. All ordinances or parts of ordinance~ 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 be filed in the Office of the Secretary of
State of Florida, but shall not become effective until a notice is
issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning
Department to the Department of Community Affairs to
Page 3 of 4
determine the consistency of this ordinance with the Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
, A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
Page 4 of 4
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Island Planning Team Director
DATE: January 10, 2002
RE: EXTENTION OF PROHIBITION OF PERMITS FOR NEW TRANSIENT
RESIDENTIAL UNITS.
I. BACKGROUND
Policy 101.2.6 of The Monroe County Year 2010 Comprehensive Plan states "By
January 4, 1996, Monroe County shall adopt Land Use Development Regulations
which prohibit new transient residential units including hotel or motel rooms,
campground spaces, or spaces for parking of recreational vehicle or travel trailer
until December 31., 2001. Monroe County shall either extend this prohibition until
December 2006 or revise the Permit Allocation System to allocate a percentage
of residential growth to transient units."
In response to the above stated Comprehensive Plan mandate, Monroe County
adopted Sec. 9.5-120.5. Moratorium on new transient units which 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 January 1 , 2002."
The Monroe County Planning Department is currently working toward the
completion of the Livable CommuniKeys Program. This program will culminate in
the development of Master Plans for all of the unincorporated communities of the
Florida Keys. These Plans will, among other issues, include opportunities for the
development of new transient residential units, identify appropriate locations and
appropriate numbers of units. The Livable Communikeys Program will aid in
developing a new Permit Allocation System. No changes have, as yet been
proposed to allow for the permitting of transitional units. It is, therefore,
necessary to take the appropriate steps to extend the moratorium up to
December 31,2006.
The Monroe County Development Review Committee, at a public meeting on
December 18, 2001, after a review of the staff report, voted to approve the new
text as presented.
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On December 27, 2001, After further review by staff, it was determined that the
modifications to the new text should be amended to exclude all new text except
for the change in date. Any regulations that would cause the new date to be
revised would be subject to review by the Planning Commission, and the Board
of County Commissioners.
The Monroe County Planning Commission, at a public hearing on January 9,
2002, after a review of the staff report, sworn testimony of the planning staff, and
public comment, voted to approve the new text as amended by the Monroe
County Planning Staff on December 27,2001.
II. METHODOLOGY AND LEGAL AUTHORITY
Policy 101.2.6 of The Monroe County Year 2010 Comprehensive Plan states "By
January 4, 1996, Monroe County shall adopt Land Use Development Regulations
which prohibit new transient residential units including hotel or motel rooms,
campground spaces, or spaces for parking of recreational vehicle or travel trailer
until December 31,2001. Monroe County shall either extend this prohibition
until December 2006 or revise the Permit Allocation System to allocate a
percentage of residential growth to transient units. II
III. PROPOSED TEXT
Monroe County Land Development Regulations
Sec. 9.5-120.5.
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 JaP-J3ry 1,2002 December 31. 2006.
Dolotod toxt
New text
IV. MONROE COUNTY PLANNING COMMISSION RECOMMENDATION
Based on the findings of fact, the Monroe County Planning Commission
recommends APPROVAL of the text change to Sec. 9.5-120.5 of the Monroe
County Code.
Page 2 of 2
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PLANNING COMMISSION RESOLUTION
P88-01
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #PSS-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF
SECTION 9.5-120.5 TO EXTEND THE PROHIBITION OF
PERMITS FOR NEW TRANSIENT RESIDENTIAL UNITS
WHEREAS, the Monroe County Development Review Committee was
presented with a staff report prepared November 19, 2001 by Fred Gross, Island
Planning Team Director; and
WHEREAS, the Development Review Committee on December 18, 2001
reviewed the staff report Findings of Fact and proposed text amendment to
Section 9.5-120.5 and recommended approval of the proposed text amendment;
and
WHEREAS, On December 27, 2001, After further review by staff, it was
determined that the modifications to the new text should be amended to exclude
all new text except for the change in date. Any regulations that would cause the
new date to be revised would be subject to review by the Planning Commission,
and the Board of County Commissioners.
WHEREAS, during a regular meeting held on January 9, 2002, the Monroe
County Plannil"!~ Commission conducted a public hearing on the proposed text
and recommendations of staff; and
WHEREAS, the Monroe County Planning Commission was presented with
the following evidence, which by reference is hereby incorporated as part of the
record of said hearing;
1. Stgffs report prepared on December 20, 2001 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
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WHEREAS, the Monroe County Planning Commission has made the
following Findings of Fact and Conclusions of Law based on the evidence
presented:
1. Policy 101.2.6 of The Monroe County Year 2010 Comprehensive Plan
states "By January 4, 1996, Monroe County shall adopt Land Use Development
Regulations which prohibit new transient residential units including hotel or motel
rooms, campground spaces, or spaces for parking of recreational vehicle or
travel trailer until December 31, 2001. Monroe County shall either extend this
prohibition until December 2006 or revise the Permit Allocation System to
allocate a percentage of residential growth to transient units. It; and
2. In response to the above stated Comprehensive Plan mandate, Monroe
County adopted Sec. 9.5-120.5. Moratorium on new transient units which 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 January 1,2002."; and
3. The Monroe County Planning Department is currently working toward the
completion of the Livable CommuniKeys Program; and
4. 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, identify appropriate locations and appropriate numbers of units;
and
5. The Livable Communikeys Program will aid in developing a new Permit
Allocation System; and
6. No changes have, as yet been proposed to allow for the permitting of
transitional units;
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support its
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners the following amendment to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning Staff:
Monroe County land Development Regulations
Sec. 9.5-120.5.
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 JanU3f)' 1,2002 December 31.2006.
Deleted text.
New text.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 9th day of January, 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of December, 2001
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DEVELOPMENT REVIEW COMMITTEE RESOLUTION
026-01
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #026-01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF
SECTION 9.5-120.5 TO EXTEND THE PROHIBITION OF
PERMITS FOR NEW TRANSIENT RESIDENTIAL UNITS
WHEREAS, Policy 101.2.6 of The Monroe County Year 2010
Comprehensive Plan states "By January 4, 1996, Monroe County shall adopt
Land Use Development Regulations which prohibit new transient residential units
including hotel or motel rooms, campground spaces, or spaces for parking of
recreational vehicle or travel trailer until December 31, 2001. Monroe County
shall either extend this prohibition until December 2006 or revise the Permit
Allocation System to allocate a percentage of residential growth to
transient units. It; and
WHEREAS, In response to the above stated Comprehensive Plan
mandate, Monroe County adopted Sec. 9.5-120.5. Moratorium on new transient
units which 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 January 1, 2002."; and
WHEREAS, The Monroe County Planning Department is currently working
toward the completion of the Livable CommuniKeys Program; and
WHEREAS, 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, identify appropriate locations and appropriate numbers
of units; and
WHEREAS, The Livable Communikeys Program will aid in developing a
new Permit Allocation System; and
WHEREAS, no changes have, as yet been proposed to allow for the
permitting of transitional units;
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NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the fol/owing amendment to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
Monroe County Land Development Regulations
Sec. 9.5-120.5.
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 JanU31)' 1, 2002 December 31. 2006. The
Monroe County Board of County Commissioners may. by resolution. rescind this
section if a satisfactory permittina system is in place before December 31.2006.
Doloted toxt.
New text.
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 18th day of December, 2001.
Fred Gross, Director, Lower Keys Planning Team (Chair)
Ralph Gouldy, Environmental Resources Senior Administrator
Thomas Tumminia, Senior Planning Tech
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this
day of December, 2001
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