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Item Q08 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19,2003 Division: BOCC Bulk Item: Yes No X Department: DISTRICT 5 AGENDA ITEM WORDING: Approval to direct the Monroe County Planning Commission and Growth Management to immediately review the possibility of imposing a moratorium on the transfer ofTRE'S to hotel or motel sites. ITEM BBACKGROUND: RV sites have over the years been allowed to become permanent housing for low and very low- income people. Transfer of sender TRE's from RV sites to hotel and motel projects has the effect of reducing the availability of affordable housing, while creating a greater need for such housing to accommodate the additional lodging and tourist related industry. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: TOTAL COST: NA COST TO COUNTY: BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Attorney _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included ~C~ MAYOR PRO MURRAY NELSON To Follow X Not Required_ DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM # Q. 8 Revised 1/03 ORDINANCE NO. m~~~ o\Y[rg Commi :~te.l~o9 200l lP - 2003 U, I;U AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADDING SECTION 9.5-120.6, MONROE COUNTY CODE, PROVIDING FOR A MORATORIUM ON THE TRANSFER OF RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL UNITS OFF-SITE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. -1 WHEREAS, the Board of County Commissioners adopted a Resolution on March 19, 2003, directing the Monroe County Planning staff to study, report, and recommend changes to the Monroe County Land Development Regulations regarding the off-site transfer of redevelopment rights from recreational vehicle (RV) space to hotel rooms; and WHEREAS, the Monroe County Development Review Committee was presented with a staff report prepared on , 2003, by ; and WHEREAS, the Development Review Committee, on , 2003, reviewed the staff report Findings of Fact and proposed Text Amendment to Sec. 9.5-120.6 and recommended approval of the proposed Text Amendment; and WHEREAS, on , 2003, the Monroe County Planning Commission, at a regularly scheduled public hearing, recommended approval of the proposed Text; and WHEREAS, the BOCC conducted two public hearings on , 2003, and on , 2003, at which were considered the proposed Text and recommendation of staff,; and WHEREAS, the BOCC was presented with the following evidence which is by reference incorporated as part of the record of said hearings: 1. Staff report prepared on by 2. Proposed Text Amendment; 3. Sworn testimony of the Planning staff; and 4. Comments from the public; and WHEREAS, the BOCC has made the Findings of Fact and Conclusions of Law based on the evidence presented: 1. Monroe County Code Sec. 9.5-120.4(b)a.iii(1)(a)(i) authorizes transfer off-site the right to redevelop from a single unit which was RV space to a hotel or hotel room receiver unit; EXHIBIT A 2. RV spaces have been developed over density allowed by the Comprehensive Plan; 3. There has been a substantial conversion of RV space into permanent residency to provide affordable housing to low and moderate income persons in Monroe County; 4. The transfer of RV spaces currently used for affordable housing to hotel or motel rooms exacerbates the existing crises of inadequate affordable housing by decreasing the availability of affordable housing and increasing the demand by virtue of the increase in transient residential unit which require businesses to increase staff to service the tourist industry; 5. The Monroe County Planning Department is currently working toward the completion of the Livable CommuniKeys Program; 6. This program will culminate in the development of Master Plans for all of the unincorporated communities of the Florida Keys, and these Plans will, among other issues, include opportunities for the development of new transient residential units and affordable housing units, identify appropriate locations and appropriate numbers of units; 7. The Livable CommuniKeys Programs will aid in developing a new Permit Allocation System; 8. The changes have, as yet, been proposed to address the critical problems created by the current Code provision allowing the transfer of RV spaces which are currently used as affordable permanent housing to hotel and motel units; and WHEREAS, the BOCC has examined the proposed amendment to the Monroe County Code submitted by the Monroe County Planning Department; and WHEREAS, the BOCC hereby supports the decision of the Monroe County Planning Commission and the Planning Department staff recommendation; WHEREAS, it is the desire of the BOCC that the following amendment to the County Code be approved, adopted, and transmitted to the State Land-Planning Agency for approval; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. Chapter 9.5, Article VII, Division 2, Monroe County Code, is hereby amended by the addition of the following: Sec. 9.5-120.6 Redevelopment of a Recreational Vehicle Space shall not be eligible for transfer to a hotel or motel room until December 31, 2006. Section 2. If any section, subsectionl sentence, clause or provIsion of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2003. Mayor Spehar Mayor Pro Tem Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chai rperson jrodRV COMMISSIONER I,.....'.... c'___.';::' __-=~~ lJ \.:J I..::::J .~.'. ~ I ! . ... ----..-.---, j ~ I ';r MAR I 3 2003 ,I I ~tRAY NELSON c. RESOLUTION NO. 2003 RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, DIRECTING STAFF REGARDING OFF- SITE TRANSFER OF RV SPACE SENDER UNITS TO MOTEL RECEIVER UNITS WHEREAS, Monroe County CodeS9.5-120.4(b)a.iii)(1)a.(i) authorizes off-site transfer of redevelopment rights from recreational vehicle space (sender units) to hotel rooms (receiver units); and WHEREAS, many RV Parks have grown beyond the density allowed under the Comprehensive Plan; and WHEREAS, many RV spaces in RV parks have become established as permanent residences for people of low and moderate income; and WHEREAS, the need for service personnel to staff businesses and the increase in second-home or other investment in residential property by persons who are not permanent residents has resulted in the availability of affordable housing in Monroe County being a critical issue for the health, safety and general welfare of the public; and WHEREAS, the transfer of sender units representing RV spaces which have heretofore been used as permanent residential spaces to motel and hotel rooms has the effect of reducing the availability of affordable housing while creating a greater need for such housing to accommodate an increase in low and moderate income personnel to service the lodging and tourist-related industry; and WHEREAS, it is in the interest of the health and welfare of the residents of Monroe County to facilitate as much as possible, within the County's authority and jurisdiction, the preservation and enhancement of low-income housing; and WHEREAS, it is in the best interest of the general public that action be taken to enhance, or at least maintain, the number of units of affordable housing currently available in Monroe County; now therefore, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. That the staff of the Planning Department, Growth Management Division of the County is hereby directed to immediately undertake such development review as is necessary to take forward to the Planning Commission as expeditiously as possible a recommendation regarding a moratorium on the transfer of (TRE's) of redevelopment rights from sender units which are RV spaces to receiver units which are hotel or motel rooms, using the draft ordinance (Exhibit A) attached hereto and incorporated herein by reference as a guideline. Section 2. That the Planning staff shall, upon establishment of a moratorium in the Land Development Regulations and in a timely manner, conduct such further review as is necessary to study the dilemma and design a permanent solution which shall meet concurrency requirements, to bring forward a revision to the Comprehensive Plan to ensure that the availability of affordable housing shall not be diminished by allowing developed property actually used as affordable housing to be converted, off-site or on- site, into development of transient rental units. Section 3. That further direction in the above actions shall include the consideration of local legislation which will reduce or limit as much as possible, under State and federal legal constraints, the right to redevelop living space which is over density and non-conforming. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of March, 2003. Mayor Spehar Mayor Pro Tem Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdresRV