Item X2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18.2003
Division:
Growth Management
Bulk Item: Yes
No ---X-
Department: Planning
AGENDA ITEM WORDING:
A public hearing to amend the Land Development Regulations by adding Section 9.5-120.6 to
prohibit off-site transfers of recreational vehicle spaces to a hotel or motel room until December
31,2006.
ITEM BACKGROUND:
During its regular meeting on March 19, 2003 the Board of County Commissioners directed the
Planning Department to prepare a moratorium on the transfer ofRV spaces to hotel/motel rooms,
and begin a study of the problems associated with the conversion of RVs into permanent
housing. This study shall result in a permanent solution in the form of County Code and
Comprehensive Plan amendments that will address transfer of RV spaces and redevelopment of
over density, non-conforming transient residential uses. Only one public hearing is required.
PREVIOUS RELEVANT BOCC ACTION:
The Board unanimously passed Resolution 120-2003 directing staff to implement a temporary
moratorium on the off-site transfer of RV spaces to hotel/motel units and undertake a study to
review the problem and present permanent solutions to the problem.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
NA
BUDGETED: Yes NA
No
COST TO COUNTY:
NA
SOURCE OF FUNDS
NA
REVENUE PRODUCING: Yes NA No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ----X- OMB/Purchasing NA
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
Revised 2/27/01
AGENDA ITEM # )(' ~ ~
LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
MORATORIUM ON THE OFF -SITE TRANSFER
OF RV SPACES TO HOTEL AND MOTEL UNITS
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
JUNE 18, 2003
Staff:
DRC:
pc:
PROPOSED TEXT AMENDMENT
SECTION 9.5-120.6 (NEW)
OF THE MONROE COUNTY CODE
THE AMENDMENT PROPOSES TO PROHIBIT THE TRANSFER OF
RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL UNITS
OFF-SITE. TRANSFERS ARE PROHIBITED UNTIL DECEMBER 31,
2006.
RECOMMENDATIONS
Approval
April 23, 2003
Staff Report
Approval
May 1, 2003
Resolution #D 1 0-03
Approval
May 7, 2003
Resolution #P32-03
DRAFT BOCC ORDINANCE
ORDINANCE NO.
- 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, CREATING SECTION 9.5-120.6,
MONROE COUNTY CODE, PROVIDING FOR A MORATORIUM ON
THE TRANSFER OF RECREATIONAL VEHICLE SPACES TO HOTEL
AND MOTEL UNITS OFF-SITE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted a Resolution on March 19,
2003, directing the Monroe County Planning staff to study, report, and recommend changes to
the Monroe County Land Development Regulations regarding the off-site transfer of
redevelopment rights from recreational vehicle (RV) space to hotel rooms; and
WHEREAS, the Monroe County Development Review Committee was presented with a
staffreport prepared on April 23, 2003, by Robert Will, Planner and
WHEREAS, the Development Review Committee, on May 1, 2003, reviewed the staff
report Findings of Fact and proposed Text Amendment to Sec. 9.5-120,6 and recommended
approval ofthe proposed Text Amendment; and
WHEREAS, on May 7,2003, the Monroe County Planning Commission, at a regularly
scheduled public hearing, recommended approval ofthe proposed Text; and
WHEREAS, the BOCC conducted a public hearing on June 18, 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 ofthe record of said hearings:
1. Staff report prepared on June 2,2003 by K. Marlene Conaway;
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(I)(a)(i) allows the transfer of the rights and
off-site redevelopment oflawfully established RV spaces as hotel or motel rooms;
2. A significant number of unlawful conversions ofRV spaces into permanent residency has
occurred overtime, which has provided affordable housing for many low and moderate income
persons in Monroe County;
Page 1 of3
3. Existing regulations governing RVs as transient residential units has been inadequate to
preclude the conversion of existing RVs into permanent residencies, which is contrary to the
Comprehensive Plan and Land Development Regulations and has many undesirable
consequences for the County in terms of both its tourist industry and safe and adequate housing
for its low and moderate income households.
3. In Section 9.5-120.5, Monroe County Code, new transient residential units, such as hotel
and motel rooms, are not eligible for ROGO allocations until December 31, 2006; therefore, the
new hotel or motel units can only be developed through the transfer of existing hotel or RV
spaces off-site for redevelopment, which generates increased market pressures for such transfers.
4. The transfer and conversion ofRV spaces currently used for affordable housing into hotel
or motel rooms exacerbates the existing affordable housing crises by decreasing the availability
of affordable housing and increasing the demand for such housing required for staff to serve
these new transient units.
5. The Monroe County Planning and Environmental Resources Department is currently
working toward the completion of the Livable CommuniKeys Program and has a consultant
study underway evaluating the existing and future transient residential markets in Monroe
County;
6, The Livable CommuniKeys 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 and companion studies will aid in developing a
new Permit Allocation System that addresses procedures and standards for making ROGO
allocations to transient residential units;
8. Additional time is required to sufficiently allow background studies to be completed and
regulations drafted to address county-wide problems with regulations of RVs, including more
up-to-date information on the extent of the problems with conversions.
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 and Environmental Resources 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
Page 2 of3
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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 creating Section 9.5.120.6. which reads as foUows:
"Sec. 9.5-120.6 Moratorium 08 off-site transfer or recreational vehiele spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room under
the provisions of sec. 9.5-120.4 (b) until December 31, 2006,"
Section 2. If any section. subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3, AU ordinances or pans of ordinances in conflict with this ordinance are hereby
repealed to the extent of said contlict.
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 confonn to the uniform nwnbering system of the Code.
Section 5. This ordinance shaJl 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 CommWlity
Affairs or Administrative Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Enviromnental
Resources Department to the Department of Community of Affairs to detennine the consistency
of this ordinance with Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of ,2003.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
Page 3 of3
BOCC STAFF REPORT
Memorandum
W:
FROM:
DATE:
RE:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director of Planning and Environmental Reso~ ~
June 2, 2003
Moratorium on the transfer of recreational vehicle spaces to hotel and motel
units off-site
STAFF REPORT
I. Background
During the March 19,2003, meeting held in the Marathon Government Center, the Board of
County Commissioners adopted Resolution 120-2003 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. Currently, Monroe County Code Sec. 9.5-l20.4(b)a.iii(l)(a)(i) allows the transfer of the rights
and off-site redevelopment oflawfully established RV spaces to hotel or motel rooms.
A major concern raised by the Board was the loss of the affordable housing through the
transfer ofRV units used for permanent housing to hotel/motel rooms. The transfer and conversion of
RV spaces currently used for affordable housing into hotel or motel rooms exacerbates the existing
affordable housing crises by decreasing the availability of affordable housing and increasing the
demand for such housing required for staff to serve these new transient units.
The Board also raised the concern that existing regulations governing RVs as transient
residential units have been inadequate to preclude the conversion of existing RVs into permanent
residencies, even though the Code Enforcement department has been vigorously enforcing the
requirement that RVs are kept road ready. In addition to having many undesirable consequences for
the County in terms of both its tourist industry and safe and adequate housing for its low and moderate
income households, the conversion of these spaces into permanent residences is contrary to both the
Year 2010 Comprehensive Plan and Monroe County Land Development Regulations.
New transient rental units (hotel and motel rooms) are not eligible to compete in ROGO until
December 31, 2006, therefore the only way for new hotel or motel units to be developed is through the
transfer of existing hotel or RV spaces off-site for conversion into hotel/motel units, The restrictions
on new transient units has generated increased market pressures for transfers from existing RV spaces
to hotel/motel rooms.
Page 1 of2
Currently, The Monroe County Planning and Environmental Resources Department is
working toward the completion of the Livable CommuniKeys Program which 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 and affordable housing units and identify appropriate locations and appropriate numbers of units.
Additionally, the department has a consultant study underway evaluating the existing and future
transient residential markets in Monroe County to be completed this year,
Because the CommuniKeys Plans and other studies have yet to be completed, additional time
is required to sufficiently address county-wide problems with regulations of RVs. The Growth
Management Division is in the process of undertaking a comprehensive survey and analysis of RV
spaces and mobile home parks to gather information on the extent of the problems with conversions.
The proposed temporary moratorium on the transfer and/or redevelopment of RV spaces off-site is
necessary to allow time for the completion of studies and evaluation of the problem.
The Development Review Committee recommended approval of the text amendment at the
regularly scheduled meeting on May 1,2003.
The Planning Commission unanimously approved of the proposed text amendment at the
regularly scheduled meeting on May 7, 2003.
II. Proposed Text
The Planning Staffhas prepared the following text to amend the Monroe County Code:
"Sec. 9.5-120.6 Moratorium on off-site transfer of recreational vehicle spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel
room under the provisions ofsec, 9.5-120.4 (b) until December 31,2006."
III. Reconunendation
Staff recommends APPROVAL of the proposed text amendment.
Page 2 of2
PLANNING COMMISSION RESOLUTION #P32-03
PLANNING COMMISSION RESOLUTION NO. P32-03
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF THE REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
AMEND THE MONROE COUNTY CODE BY CREATING SECTION 9.5-
120.6, PROVIDING FOR A MORATORIUM ON THE TRANSFER OF
RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL UNITS OFF-
SITE UNTIL DECEMBER 31, 2006.
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 April 23, 2003, by Robert Will, Planner; and
WHEREAS, the Development Review Committee, on May 1, 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, during a regular meeting held on May 7, 2003, the Monroe County
Planning Commission conducted a public hearing on the proposed text; and
WHEREAS, The Planning Commission was presented with the following information,
which by reference is hereby incorporated as part of the record of said hearing:
1, Staff report prepared on May 1, 2003 by Robert Will, Planner; and
2, Sworn testimony of the Planning staff; and
3. Advice from John Wolfe, the Planning Commission Counsel; and
4. Comments from the public; and
WHEREAS, the Planning Commission 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) allows the transfer of the rights and off-
site redevelopment of lawfully established RV spaces as hotel or motel rooms;
2. A significant number of unlawful conversions of RV spaces into permanent residency has
occurred overtime, which has provided affordable housing for many low and moderate
income persons in Monroe County;
Page 1 of2
Initials
3. Existing regulations governing R V s as transient residential units as been inadequate to
preclude the conversion of existing RVs into permanent residencies, which is contrary to the
Comprehensive Plan and Land Development Regulations and has many undesirable
consequences for the County in terms of both its tourist industry and safe and adequate
housing for its low and moderate income households.
4. In Section 9.5-120.5, Monroe County Code, new transient residential units, such as hotel and
motel rooms, are not eligible for ROGO allocations until December 31, 2006; therefore, the
only way new hotel or motel units can be developed is through the transfer of existing hotel
or RV spaces off-site for redevelopment, which generates increased market pressures for
such transfers.
5. Additional time is required to sufficiently allow background studies to be completed and
regulations drafted to address county-wide problems with regulations ofRVs, including more
up-to-date information on the extent of the problems with conversions.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings support their decision to
recommend APPROVAL to Board of County Commissioners of the proposed text amendment
to the Monroe County Code as follows:
"Sec. 9.5-120.6 Moratorium on off-site transfer of recreational vehicle spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room under
the provisions of sec. 9.5-120.4 (b) until December 31,2006."
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a
regular meeting held on the 7st day of May, 2003.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Alicia Putney
Commissioner Julio Margalli
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this _ day of
,2003,
Page 2 of2
Initials
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #DIO-03
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. DIO-03
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING
COMMISSION OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE
MONROE COUNTY CODE BY CREATING SECTION 9.5-120.6,
PROVIDING FOR A MORATORIUM ON THE TRANSFER OF
RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL UNITS OFF-
SITE UNTIL DECEMBER 31,2006.
WHEREAS, during a regularly scheduled meeting held on May 1, 2003, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to amend the Monroe County Code; and
WHEREAS, the Development Review Committee examined the staff report prepared by
Robert Will, Planner dated April 23, 2003; and
WHEREAS, Monroe County Code Sec. 9,5-120.4(b)a.iii(1)(a)(i) allows the transfer of
the rights and off-site redevelopment of lawfully established RV spaces as hotel or motel rooms;
and
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, A significant number of unlawful conversions ofRV spaces into permanent
residency has occurred overtime, which has provided affordable housing for many low and
moderate income persons in Monroe County; and
WHEREAS, existing regulations governing RVs as transient residential units as been
inadequate to preclude the conversion of existing RVs into permanent residencies, which is contrary
to the Comprehensive Plan and Land Development Regulations and has many undesirable
consequences for the County in terms of both its tourist industry and safe and adequate housing for its
low and moderate income households; and
WHEREAS, in Section 9.5-120.5, Monroe County Code, new transient residential units, such
as hotel and motel rooms, are not eligible for ROGO allocations until December 31,2006; therefore,
the only way new hotel or motel units can be developed is through the transfer of existing hotel or RV
spaces off-site for redevelopment, which generates increased market pressures for such transfers; and
WHEREAS, the transfer and conversion of RV spaces currently used for affordable
housing into hotel or motel rooms exacerbates the existing affordable housing crises by
decreasing the availability of affordable housing and increasing the demand for such housing
required for staffto serve these new transient units; and
Page 1 of2
WHEREAS, additional time is required to sufficiently allow background studies to be
completed and regulations drafted to address county-wide problems with regulations of RVs,
including more up-to-date information on the extent of the problems with conversions;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support
their decision to recommend APPROVAL to Monroe County Planning Commission of the
proposed text amendment to the Monroe County Land Development Regulations as follows:
"Sec. 9.5-120.6 Moratorium on off-site transfer of recreational vehicle spaces,
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room under
the provisions of sec. 9 .5-120.4 (b) until December 31, 2006."
PASSED AND ADOPTED By the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 1 st day of May, 2003.
Fred Gross, Island Planning Team Director (Lower Keys)
Ralph Gouldy, Senior Administrator, Environmental Resources
Jerry Buckley, Planner
Robert Will, Planner
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, DRC Chair
Signed this _ day of
,2003.
Page 2 of2