Item H1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 31,2014 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 a resolution transmitting to the State Land Planning
Agency an ordinance by the Monroe County Board of County Commissioners amending Policy 101.2.6 of the
Monroe County Comprehensive Plan to extend the transient ROGO allocation moratorium from May 1, 2014 to
May 1, 2022 to coincide with the adoption of the next round of EAR-related comprehensive plan amendments.
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 amendment includes amending Policy 101.2.6 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 in May 1,2014 and the comprehensive plan amendment process is lengthy.
If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning Agency,
the State Land Planning Agency will then review the proposed amendment and issue an Objections,
Recommendations and Comments (ORC) Report, addressing any issues with internal consistency, data and
analysis, or consistency with the statutes or the Principles for Guiding Development. Upon receipt of the ORC
report, the BOCC will have 180 days to adopt the amendments, adopt the amendments with changes or not adopt
the amendments.
PREVIOUS RELEVANT COMMISSION ACTION: On December 14, 2011, the BOCC adopted Ordinance
No. 024-2011, which amended Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan 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#
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SOLUTION NO. -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
AGENCY AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICY 101.2.6 OF THE MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN EXTENDING THE MORATORIUM ON
TRANSIENT ALLOCATIONS UNTIL MAY 1,2022.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as
described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
proposed future land use map amendment.
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
P. 1 of 2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting held on the 31 th day of January,2014.
Mayor Sylvia Murphy
Mayor Pro Tern Danny Kolbage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
BY
Mayor Sylvia Murphy
ski ONROOD NTY ATTORNEY
(SEAL) A PROV AST FORM:
ATMST:Amy Heavilin,Clerk
SUSAN GRIMSLEY
A ST
SSIS7TAN� OUNTTYATTORNEY
Deputy Clerk
P.2 of 2
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6
7
8 MONROE COUNTY,FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. -2014
11
12
13 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS AMENDING POLICY 101.2.6 OF
15 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
16 EXTENDING THE MORATORIUM ON TRANSIENT
17 ALLOCATIONS; PROVIDING FOR SEVE ILITY;
18 PROVIDING FOR THE REPEAL OF INCONSISTENT
19 PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE
20 FLORIDA STATE LAND PLANNING AGENCY; PROVIDING
21 FOR THE FILING WITH THE SECRETARY OF STATE AND
22 FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
23 INCLUSION IN THE MONROE COUNTY 2010
24 COMPREHENSIVE PLAN.
25
26
27
28 VMEREAS, Pursuant to DCA Rule 9J-14.022, F.A.C., January 4, 1996; Rule 28-
29 20.100 F.A.C. Part 1, January 2, 1996 and Part 11, July 17, 1997, Policy 101.2.6 was
30 adopted which stated: By January 4, 1996, Monroe County shall adopt Land
31 Development Regulations which prohibit new transient residential units including hotel
32 or motel rooms, campground spaces, or spaces for parking a recreational vehicle or
33 travel trailer until December 31, 2001. Monroe County shall either extend this
34 prohibition until December 2006 or revise the Permit Allocation System to allocate a
35 percentage of residential growth to transient unit; and
36
37 YMEREAS, the Board of County Commissioners at a special public hearing on
38 July 13, 2009, adopted Ordinance No. 035-2009 to amend Policy 101.2.6 of the Monroe
39 County 2010 Comprehensive Plan, to extend the existing transient unit moratorium until
40 July 31, 2010; and
41
42 YMEREAS, during the review of the 2010 transient use amendment, the Florida
43 Department of Economic Opportunity (DEO) in its Objections, Recommendations and
44 Comments (ORC) Report 02-10 ORC, dated September 20 2010, recommended that the
45 transient use moratorium be continued until the adoption of Evaluation and Appraisal
46 Report(EAR)-related amendments; and
47
Page 1 of 3
I WHEREAS, the Board of County Commissioners at a special public hearing on
2 December 14, 2011, adopted Ordinance No. 024-2011 to amend Policy 101.2.6 of the
3 Monroe County 2010 Comprehensive Plan, to extend the existing transient allocation
4 moratorium until May 1, 2014; and
5
6 WHEREAS, the schedule set by Florida Department of Economic Opportunity
7 (DEO) established a new Evaluation and Appraisal Report (EAR) schedule, Rule 73C-
8 49.002,F.A.C.,which assigned a Monroe County EAR due date of May 1, 2014; and
9
10 WHEREAS, the Board of County Commissioners, at a special public meeting on
11 March 19, 2012, discussed several strategies included in the draft EAR to address the
12 moratorium and made a motion not to include any changes to the transient unit
13 moratorium as part of the 2012 EAR; and
14
15 WHEREAS, the Board of County Commissioners t a special public meeting on
16 May 22, 2012, adopted the 2012 EAR(Resolution 150-2012); and
17
18 WHEREAS, Section 163.3191(1), F.S. requires the local government to
19 evaluation its comprehensive plan to determine if plan amendments are necessary to
20 reflect changes in state requirements every seven years, therefore the next Monroe
21 County EAR would be due in May 1, 2021; and
22
23 WHEREAS, Section 163.3191(2), F.S. requires the transmission of EAR-related
24 amendments within one year following the EAR due date,which would be May 21, 2022;
25 and
26 WHEREAS, in March 2013, the State Administration Commission, approved the
27 recommendation to allocate 10 years' worth of growth to Monroe County while
28 maintaining an evacuation clearance time of 24 hours,through the year 2023; and
29
30 WHEREAS, the proposed extension of the transient unit moratorium provides
31 the opportunity to use 2020 census data, when it becomes available, to update and run the
32 Florida Keys hurricane evacuation model as required by Rule 28-20.140, F.A.C., to
33 reevaluate whether Monroe County has met its obligation to maintain the 24-hour
34 evacuation clearance time, which includes transient units.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
38
39 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows:
40 (Deletions are strieken thre and additions are underlined.)
41
42 Policy 101.2.6
43 Monroe County shall prohibit new transient residential units, inelud allocations for
44 hotel or motel rooms, campground spaces, or spaces for parking a recreational vehicle
45 or travel trailer until May 1, 204-422.
46
Page 2 of 3
I Section 2. Severabifily. If any section, subsection, sentence, clause, item, change,
2 or provision of this ordinance is held invalid, the remainder of this ordinance shall not be
3 affected by such validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of
6 ordinances in conflict with this ordinance are hereby repealed to the extent of said
7 conflict.
8
9 Section 4. Transmittal. This ordinance shall be transmitted by the Planning
10 Department to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
11 Florida Statutes.
12
13 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office
14 of the Secretary of State of Florida, but shall not become effective until a notice is issued
15 by the Florida State Land Planning Agency or Administration Commission finding the
16 amendment in compliance, and if challenged until such challenge is resolved pursuant to
17 Chapter 120, F.S.
18
19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
20 Florida, at a regular meeting held on the day of_, 2014.
21
22 Mayor Sylvia Murphy
23 Mayor Pro Tem Danny Kolhage
24 Commissioner Heather Carruthers
25 Commissioner George Neugent
26 Commissioner David Rice
27
28 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
29 BY
30 Mayor Sylvia Murphy
31
32 (SEAL)
33 ATTEST: Amy Heavilin, Clerk
34
35 Deputy Clerk
36
37
38
Page 3 of 3
i
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
12
13 Date: January 7, 2013
14
15 Subject: Amendment of Monroe County Comprehensive Plan Policy 101.2.6 Regarding
16 Extending the Moratorium of Transient ROGO Allocations
17
18 Meeting: January 31, 2014
19
20 I. REQUEST
21
22 Amend Policy 101.2.6 of the Monroe County Comprehensive Plan to extend the transient ROGO
23 allocation moratorium from May 1,2014 to May 1, 2022 to coincide with the adoption of the next round
24 of EAR-related amendments [schedule set by Florida Department of Economic Opportunity (DEO) in
25 Rule 73C-49.002, F.A.C.].
26
27
28 II. BACKGROUND INFORMATION
29
30 Relevant Actions:
31 During the review of the 2010 amendment to extend the transient allocation moratorium, the Florida
32 Department of Economic Opportunity (DEO) in its Objections, Recommendations and Comments
33 (ORC) Report, 02-10 ORC, dated September 20, 2010, recommended that the transient use moratorium
34 be continued until the adoption of Evaluation and Appraisal Report (EAR)-related amendments. The
35 new EAR schedule, released in 2011, amended Monroe County's EAR due date to May 1, 2014. EAR-
36 related amendments are required to be adopted within one year of the EAR.
37
38 The Board of County Commissioners (BOCC) at a public hearing on December 14, 2011, adopted
39 Ordinance No. 024-2011, which amended Policy 101.2.6 of the Monroe County 2010 Comprehensive
40 Plan to extend the existing transient unit moratorium until May 1, 2014 to coincide with the State
41 schedule for the evaluation and appraisal of the comprehensive plan.
42
43 Policy 101.2.6 of the Monroe County Comprehensive Plan currently states:
44
45 Monroe County shall prohibit new transient residential units including hotel or motel
46 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer
47 until May 1, 2014.
File #2013-086 Page 1 of 9
48 Chapter 163, F.S. requires a local government to evaluate its comprehensive plan every seven years and
49 encourages local government to regularly update its comprehensive plan. Monroe County has recently
50 updated the Technical Document of the Monroe County Comprehensive Plan and adopted an Evaluation
51 and Appraisal Report (EAR) on May 22, 2012 (Resolution No. 150-2012) based upon the updated
52 Technical Document (which serves as the data and analysis for EAR-based comprehensive plan
53 amendments).
54
55 As part of the 2010 Comprehensive Plan Update, the firm of Fishkind and Associates (Fishkind)
56 prepared a document titled "Economic Trends & Opportunities in Unincorporated Monroe County"
57 which is Appendix 4 of the Monroe County Comprehensive Plan EAR. Section 3.1.3 Effects of the Hotel
58 Moratorium on Tourism in Unincorporated Monroe County states:
59
60 At present there is a Monroe County ordinance and Comprehensive Plan policy effective
61 in the unincorporated area which prohibits any new hotel development throughout the
62 unincorporated keys. This ordinance precludes all new hotel room/unit development. The
63 development prohibition is in place due to the county designation as an area of critical
64 state concern (ACSQ. Under the ACSC designation hotel rooms are considered
65 residential units and therefore would require allocation from ROGO, further reducing
66 available increments of new housing supply under ROGO. In the past there has been a
67 policy recommendation suggesting annual hotel occupancy must exceed 90% in order for
68 new hotels to be warranted. There are no historic records which indicate hotel
69 occupancy has ever exceeded 90% on an annual basis. Further, generally accepted
70 standard operating hotel financial performance norms indicate hotel operations are at a
71 financial breakeven point near 65%. It is for these reasons that in unrestricted markets,
72 there are usually few new hotels built when the annual occupancy is consistently below
73 65% but, when annual occupancy is consistently above 65%, the market typically
74 responds by adding new hotel rooms until annual occupancy falls back to approximately
75 65%. Throughout the hotel industry, occupancy runs between 63% and 73% on an
76 annual basis, under normal market conditions.
77
78 During the development of the EAR, Keith & Schnars, with staff, prepared several alternative strategies
79 to address the transient use moratorium (See Exhibit 1). A special BOCC meeting was held on March
80 19, 2012, to review the draft EAR. Following the Keith & Schnars' presentation, BOCC discussion and
81 public comment, the BOCC made a motion to not include any of the proposed transient use alternative
82 strategies within the EAR(See Exhibit 2 excerpt of minutes with presentation slides).
83
84 New Issues:
85 Monroe County is located entirely within the Florida Key Area of Critical State Concern. The Governor
86 and Cabinet, sitting as the State Administration Commission, annually reviews the Monroe County
87 Work Program as specified within Rule 28-20.140, F.A.C. One of the mandates is to maintain a 24-hour
88 evacuation level of service standard. Following the review of the progress toward completing the Work
89 Program, the Florida Administration Commission maintains or reduces the annual allocation of units
90 allowed under the Rate of Growth Ordinance (ROGO)permit system.
91
92
93
94
File #2013-086 Page 2 of 9
95 The Florida Department of Economic Opportunity (DEO) administers the Area of Critical State Concern
96 program and provides recommendations to the Administration Commission on the number of ROGO
97 allocations based upon results of hurricane evacuation time modeling and progress on work program
98 tasks.
99
100 In March 2013, the State Administration Commission, approved the recommendation to allocate 10
101 years' worth of growth (197 x 10 = 1,970 permits) to Monroe County while maintaining an evacuation
102 clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels
103 within unincorporated Monroe County. With just 197 permits per year, it would take over 41 years'
104 worth of annual allocations (at the current rate of 197) to absorb these parcels. This may result in a
105 balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
106
NUMBER OF YEARS TO THEORETICAL
TIER VACANT ALLOCATE MAXIMUM
PARCELS PERMITS DENSITY**
No Tier(ORCA, etc. 235 766
Tier I 3,979 4,806
Tier II 393 590
Tier III-A 260 553
Tier III 3,301 5,048
TOTAL 89168* 4L5 11,763
TOTAL 1,970
ALLOCATIONS
POTENTIAL 6,198*
LIABILITY
107 *Assumes one (1) unit per parcel and does not take into account additional density potential.
108 ** Theoretical density analysis is based on acreage multiplied by the maximum allocated residential density
109 for each FL UM category. This data is provided for illustrative purposes only; conditions specific to the
110 individualparcel, includingphysical size, environmental sensitivity, zoning and tier designation and other
III regulatory constraints, such as ROGO are the final determinant of development potential.
112
113
114 Providing transient allocations would reduce the available allocations necessary to address the
115 residential allocation deficit. Staff is consequently recommending that Policy 101.2.6 be amended to
116 prohibit new transient allocations until the next round of EAR-related amendments, which will be due
117 on May 1, 2022. The proposed extension of the transient unit moratorium provides the opportunity to
118 use 2020 census data, when it becomes available, to update and run the Florida Keys hurricane
119 evacuation model as required by Rule 28-20.140, F.A.C., to reevaluate whether Monroe County has met
120 its obligation to maintain the 24-hour evacuation clearance time. Amendments are being proposed and
121 currently processed as the existing prohibition for transient units in Policy 101.2.6 expires in May 1,
122 2014 and the comprehensive plan amendment process is lengthy.
123
124 On August 27, 2013, the Monroe County Development Review Committee reviewed the proposed
125 amendment and recommended approval to the Monroe County Planning Commission.
126
127 On September 25, 2013, the Monroe County Planning Commission voted 4-1 to recommend approval of
128 the staff recommendation to the Board of County Commissioners.
129
File #2013-086 Page 3 of 9
130
131 III.PROPOSED AMENDMENT
132
133 Policy 101.2.6
134 Monroe County shall prohibit new transient msidentW tmits, inelud allocations for hotel or motel
135 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 1,
136 204-422.
137
138 IV. AMENDMENT REVIEW
139
140 Existing Transient Uses
141
142 The Monroe County Tourist Development Council (TDC) obtains its lodging counts from the Florida
143 Department of Business & Professional Regulation (DBPR) license database. According to the TDC, in
144 2012 there were 10,376 actively licensed hotels, motels, B&Bs and condo hotels in Monroe County(See
145 Exhibit 3). The TDC also indicated that there are 2,542 Campground/RV park units (See Exhibit 4) for a
146 total of 12,918 transient accommodations in Monroe County. [The Hurricane Memorandum of
147 Understanding (MOU), approved in Resolution 226-2012, includes 13,665 tourist units, based on the
148 DBPR March, 2010 license file database as a model assumption, See Exhibit 5.]
149
150 Hotel Occupancy Rates
151
152 Occupancy rates are a travel industry standard for assessing the ability of available beds to meet existing
153 and anticipated demands. The Monroe County Tourist Development Council (TDC) maintains a
154 database for occupancy rates which is prepared by Smith Travel Research. Between 2008 and 2012, the
155 average annual county-wide occupancy rate for Monroe County has varied from 67.5% (2008) to 75.9%
156 (2012) (See Exhibit 6).
157
158 Monroe County has contracted with the firm Keith & Schnars to prepare an update of the Monroe
159 County Comprehensive Plan and Evaluation and Appraisal Report (EAR). As part of this process, Keith
160 & Schnars together with Fishkind and Associates, prepared an economic base analysis with updated
161 economic and population projections, titled "Economic Trends & Opportunities in Unincorporated
162 Monroe County," which evaluated the need for expanding Monroe County's tourist based economy.
163 This document serves as the data and analysis for future amendments.
164
165 The economic study determined that when annual occupancy is consistently above 65%, the market
166 typically responds by adding new hotel rooms until annual occupancy falls back to approximately 65%.
167 Occupancy data provided by the Tourist Development Council indicates that although the occupancy
168 rate can be as high as 90% during peak season, holidays, or special events, the average annual
169 occupancy rate for 2012 was 75.9%. This indicates that there may be a need to expand the available
170 amount of transient units in Monroe County (based upon how the hotel/motel market typically
171 responds); however, at its special meeting of March 19, 2012, the Board of County Commissioners
172 questioned the validity of the 65% transient unit need threshold and moved to not include any proposed
173 changes to the current transient moratorium policy in the EAR.
174
175
176
177
File #2013-086 Page 4 of 9
178 Hurricane Evacuation
179
180 Policy 216.1.8 of the Monroe County 2010 Comprehensive Plan states:
181
182 Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of
183 non-residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards
184 (transient and non-transient) and military personnel from the Keys shall be initiated.
185
186 The occupants of transient uses evacuate ahead of the permanent resident population who require
187 evacuation 24 hours prior to landfall of a major hurricane. The proposed amendment would therefore not
188 impact the County's adopted hurricane evacuation clearance time standard. As noted above, DEO
189 completed hurricane evacuation modeling tasks, and based on their results, recommended 1970
190 allocations for the next ten years (2023)while maintaining an evacuation clearance time of 24 hours.
191
192 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
193 T KEY LARGO CO KEYS PLAN,THE FLORIDA STATUTES,AND
194 PRINCIPLES FOR GUIDING DEVELOPMENT
195
196 A. The proposed amendment is generally consistent with the following Goals, Objectives and
197 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it furthers:
198
199 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
200 safety of County residents and visitors, and protect valuable natural resources.
201
202 Objective 101.4: Monroe County shall regulate future development and redevelopment to
203 maintain the character of the community and protect the natural resources by providing for the
204 compatible distribution of land uses consistent with the designations shown on the Future Land
205 Use Map.
206
207 Objective 101.2: Monroe County shall reduce hurricane evacuation clearance times to 24 hours
208 by the year 2010.
209
210 Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO Exemption
211 (TRE), that would allow for the transfer off-site of dwelling units, hotel rooms,
212 campground/recreational vehicle spaces and/or mobile homes to another site in the same ROGO
213 sub-area, provided that they are lawfully existing and can be accounted for in the County's
214 hurricane evacuation model. In addition, the receiver site shall be located within a Tier III area
215 outside a designated Special Protection Area and for a receiver site on Big Pine Key and No
216 Name Key, the sending site shall also be located on one of those two islands.
217
218 Objective 101.11: Monroe County shall implement measures to direct future growth away from
219 environmentally sensitive land and towards established development areas served by existing
220 public facilities.
221
222 Objective 216.1: Monroe County shall reduce hurricane evacuation clearance time to 24 hours
223 by the year 2010.
224
File #2013-086 Page 5 of 9
225 Policy 216.1.1: Within one year of the effective date of this plan, Monroe County shall adopt
226 Land Development Regulations which establish a Permit Allocation System for new residential
227 development. The Permit Allocation System shall limit the number of permits issued for new
228 residential development to be consistent with the Future Land Use Element in order to maintain
229 hurricane evacuation clearance times at a maximum of 24 hours.
230
231 B. The proposed amendment is consistent with the Principles for Guiding Development for the
232 Florida Keys Area, Section 380.0552( ),Florida Statutes.
233
234 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
235 with the principles for guiding development and any amendments to the principles,the principles
236 shall be construed as a whole and no specific provision shall be construed or applied in isolation
237 from the other provisions.
238
239 (a) Strengthening local government capabilities for managing land use and development so that
240 local government is able to achieve these objectives without continuing the area of critical
241 state concern designation.
242 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
243 seagrass beds,wetlands, fish and wildlife, and their habitat.
244 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
245 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
246 beaches, wildlife, and their habitat.
247 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
248 economic development.
249 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
250 Keys.
251 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
252 environment, and ensuring that development is compatible with the unique historic character
253 of the Florida Keys.
254 (g) Protecting the historical heritage of the Florida Keys.
255 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
256 proposed major public investments, including:
258 1. The Florida Keys Aqueduct and water supply facilities;
259 2. Sewage collection,treatment, and disposal facilities;
260 3. Solid waste treatment, collection, and disposal facilities;
261 4. Key West Naval Air Station and other military facilities;
262 5. Transportation facilities;
263 6. Federal parks,wildlife refuges, and marine sanctuaries;
264 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
265 properties;
266 8. City electric service and the Florida Keys Electric Co-op; and
267 9. Other utilities, as appropriate.
269 (i) Protecting and improving water quality by providing for the construction, operation,
270 maintenance, and replacement of stormwater management facilities; central sewage
271 collection; treatment and disposal facilities; and the installation and proper operation and
272 maintenance of onsite sewage treatment and disposal systems.
File #2013-086 Page 6 of 9
273 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
274 operation of wastewater management facilities that meet the requirements of ss.
275 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
276 central wastewater treatment facilities through permit allocation systems.
277 (k) Limiting the adverse impacts of public investments on the environmental resources of the
278 Florida Keys.
279 (1) Making available adequate affordable housing for all sectors of the population of the Florida
280 Keys.
281 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
282 a natural or manmade disaster and for a postdisaster reconstruction plan.
283 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
284 maintaining the Florida Keys as a unique Florida resource.
285
286 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
287 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
288
289 C. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
290 Specifically,the amendment furthers:
291
292 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve
293 and enhance present advantages; encourage the most appropriate use of land, water, and
294 resources, consistent with the public interest; overcome present handicaps; and deal
295 effectively with future problems that may result from the use and development of land within
296 their jurisdictions. Through the process of comprehensive planning, it is intended that units
297 of local government can preserve, promote, protect, and improve the public health, safety,
298 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
299 general welfare; facilitate the adequate and efficient provision of transportation, water,
300 sewerage, schools, parks, recreational facilities, housing, and other requirements and
301 services; and conserve, develop, utilize, and protect natural resources within their
302 jurisdictions
303
304 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards,
305 and strategies for the orderly and balanced future economic, social, physical, environmental,
306 and fiscal development of the area that reflects community commitments to implement the
307 plan and its elements. These principles and strategies shall guide future decisions in a
308 consistent manner and shall contain programs and activities to ensure comprehensive plans
309 are implemented. The sections of the comprehensive plan containing the principles and
310 strategies, generally provided as goals, objectives, and policies, shall describe how the local
311 government's programs, activities, and land development regulations will be initiated,
312 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
313 the intent of this part to require the inclusion of implementing regulations in the
314 comprehensive plan but rather to require identification of those programs, activities, and land
315 development regulations that will be part of the strategy for implementing the comprehensive
316 plan and the principles that describe how the programs, activities, and land development
317 regulations will be carried out. The plan shall establish meaningful and predictable standards
318 for the use and development of land and provide meaningful guidelines for the content of
319 more detailed land development and use regulations.
320
File #2013-086 Page 7 of 9
321 163.3191, F.S. Evaluation and appraisal of comprehensive plan.
322 (1) At least once every 7 years, each local government shall evaluate its comprehensive
323 plan to determine if plan amendments are necessary to reflect changes in state requirements
324 in this part since the last update of the comprehensive plan, and notify the state land planning
325 agency as to its determination.
326 (2) If the local government determines amendments to its comprehensive plan are
327 necessary to reflect changes in state requirements, the local government shall prepare and
328 transmit within 1 year such plan amendment or amendments for review pursuant to s.
329 163.3184.
330 (3) Local governments are encouraged to comprehensively evaluate and, as necessary,
331 update comprehensive plans to reflect changes in local conditions. Plan amendments
332 transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4).
333 (4) If a local government fails to submit its letter prescribed by subsection (1) or update its
334 plan pursuant to subsection(2), it may not amend its comprehensive plan until such time as it
335 complies with this section.
336 (5) The state land planning agency may not adopt rules to implement this section, other
337 than procedural rules or a schedule indicating when local governments must comply with the
338 requirements of this section.
339
340 VI. PROCESS
341
342 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
343 Planning Commission, the Director of Planning, or the owner or other person having a contractual
344 interest in property to be affected by a proposed amendment. The Director of Planning shall review
345 and process applications as they are received and pass them onto the Development Review
346 Committee and the Planning Commission.
347
348 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
349 review the application, the reports and recommendations of the Department of Planning &
350 Environmental Resources and the Development Review Committee and the testimony given at the
351 public hearing. The Planning Commission shall submit its recommendations and findings to the
352 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
353 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
354 recommendation, and the testimony given at the public hearing. The BOCC may or may not
355 recommend transmittal to the State Land Planning Agency. If the amendment is transmitted to State
356 Land Planning Agency, it then reviews the proposal and issues an Objections, Recommendations
357 and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt
358 the amendments, adopt the amendments with changes or not adopt the amendment.
359
360 VII. STAFF RECOMMENDATION
361
362 Staff recommends approval.
363
364
365
366
367
368
File #2013-086 Page 8 of 9
369
370 VIII.EXHIBITS
371
372 1. Draft EAR Transient Use Strategies. October, 2011
373 2. 3-19-2012 BOCC Minutes
374 3. Count of Lodging Units
375 4. List of RV/Campground Units
376 5. Hurricane Evacuation Model MOU Transient Units
377 6. Hotel Occupancy Report
File #2013-086 Page 9 of 9
Exhibit 1
Monroe County Comprehensive 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
hotel/motel 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 hotel/motel 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 polic direction should be evaluated.
100,
The Remainder of This Page Intentionally Left Blank
Chapter 4:Major Issues Analysis 4-46 Evaluation and Appraisal Report
October 2011 Keith and Schnars,P.A.
Exhibit 2 2012/41
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Monday, March 19, 2012
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent,Commissioner Kim Wigington and Mayor David P. Rice. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk of Courts; County Staff,members
of the press and radio; and the general public.
ADDITIONS, CORRECTIONS,DELETIONS
Item B 1 The Board deleted from the agenda discussion and approval of an Ordinance to be
submitted to the Florida Fish and Wildlife Conservation Commission(FWC), in association with
the FWC Pilot Program on anchoring and mooring and in partnership with the Cities of
Marathon and Key West, 1)designating managed anchoring zones in specific geographic
locations in Keys' waters(Sunset Cove, Boca Chica basin, Cow Key Channel,and Key West
harbor)within which regulations are implemented(requirement of a USCG Auxiliary Vessel
Safety Check(VSC) inspection, proof ofpumpout and prohibition of floating structures), and 2)
creating no-anchoring buffer zones adjacent to the public mooring fields in Key West and
Marathon.
Item B2 Debbie Love,AICP,Project Manager and Dawn C. Sonneborn,AIP,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 Report(EAR)of the Monroe County Year 2010 Comprehensive Plan.
Christine Hurley, Growth Management Director and members of her Staff were
present throughout the day during the presentation.Mark Rosch, Executive Director of the Land
Authority was also present. The following public speakers addresed the Board numerous times
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 Moses,Ron Miller, Deb Curllee, Ann Morkill
representing the United States Fish&Wildlife Commission; and Ron Denies,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:
2012/42
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to approve Slide 55 - Chapter 4: Major Issues. Issue Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Stragegies:
Planning and Land Use
• Designate economic business locations (Community Centers)on the Future
Land Use Map(FLUM)and define how to encourage;
• Consider adding an Economic Sustainability Element,with an emphasis on
redevelopment.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to approve Slide 56-Chapter 4: Major Issues. Issue Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strategies:
Planning and Land Use
• Consider better alignment/consistency between LCPs and existing policies or
new Economic Sustainability Element. Any changes to the LCPs must be
approved by the stakeholders.
Motion carried unanimously.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to approve Slide 57 -Chapter 4:Major Issues. Issue Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strategies:
Hotel and Tourism
• Encourage and incentivize green building in redevelopment and green lodging
certification for hotel/motel facilities. Consider extending green building
incentives into ROGO and NROGO. Consider focusing on redevelopment.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to delete Slide 58 -Chapter 4: Major Issues. Issue Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strategies:
2012/43
Hotel and Tourism
® Support TDC Office of Eco-Tourism; however would like to hear from TDC.
® Facilitate communication and organization.
■ Interface with environmental groups.
■ Marketing efforts to focus on eco-tourism,reef preservation and promotion of
national wildlife parks and reserves.
Motion carried unanimously.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to approve Slide 59, as amended- Chapter 4: Major Issues. Issue Statement: Promote
economic sustainability,in a manner consistent with environmental stewardship, with a special
focus upon existing businesses. Strategies:
Hotel and Tourism
® Consider Hotel/Motel Unit Development Options:
® Remove from residential ROGO system;
• Gempletely,or
■ if no competition for allocations within Tier UI designated parcels for
two years, remaining allocations from Year I in a sub-area to be pooled
and used for hotel development; Explore with extensive public input.
;Motion carried unanimously.
The Board discussed Slide 60-Chapter 4: Major Issues. Issue Statement:
Promote economic sustainability, in a manner consistent with environmental stewardship,with a
special focus upon existing businesses. Strategies:
Hotel and Tourism
® Consider Hotel/Motel Unit Development Options (cont'd): Ok; wait until the
build-out threshold is determined before specifically allocating transient units
or allowing suites and then get public input.
■ Set aside a flat%of allocations for transient units.
■ Set aside a%of allocations based upon hotel/motel occupancy;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 59 and 60. Motion carried unanimously.
The Board discussed Slide 61 -Chapter 4: Major Issues. Issue Statement:
Promote economic sustainability, in a manner consistent with environmental stewardship,with a
special focus upon existing businesses. Strategies:
3/5/2Cl12
Chapter 4: Major Issues
Statement:Issue Promote economic sustainability,
in a manner consistent with environmental
stewardship, with a special focus upon existing
businesses.
Strategies:
Hotel and Tourism (coat" ) (p - 7)
Consider Hotel/Motel Unit Development Options:
Remove from residential ROGO system;
u Completely,or
i If no competition for allocations within Tier III parcels,
remaining allocations in a sub-area to be pooled and
used for hotel development;Explore
public Input
Chapter 4: Major issues
Issue Statement: Promote economic sustainability,
in a manner consistent with environmental
stewardship, with a special focus upon existing
businesses.
Strategies:
Hate/and Tourism (contV) (pg 4-47)
■ Consider Hotel/Motel Unit Development Options
(coot' y wait until thebuild-out threshold is
determined specifically allocating ansi t units
or allowing suites and then got public input
Set aside a flat%of allocations for transient units;
❑ Set aside a%of allocations based upon hotel/motel
occupancy;or
Allow existin hotels to add suites with more rooms
per"unit (with one dissent);
60
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Exhibit 6
HISTORIC TREND REPORTCOUNTY&DISTRICT MONROE COUNTY
SMITH TRAVEL RESEARCH 6/25/2013
This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes
- H,F
2008 2009 2010 2011 2012 2013 %Chg Monroe County Average Occupancy
100.0%
January 73.7% 68.5% 67.7% 69.0% 75.5% 79.2% 4.9% 90.0% `�t' `
February 81.5°h 80.2% 80.2% 84.4% 85.0% 88.2°k 3.8% �� �`J �;'1 ��,t s ;ti
March 83.0% 81.1% 85.1% 89.5% 89.0% 91.0% 2.2% 80 0% 77
"
April 78.9% 80.9% 81.2% 83.9% 83.8% 83.5% -0.4% �
May 74.4% 74.1% 76.4% 75.2% 78.1% 78.8% 0.9% 70 0%
June 71.4% 73.3% 73.3% 78.4% 79.8% so 0%
July 75.6% 78.2% 78.0% 83.1% 85.1%
August 61.9% 66.6% 65.8% 69.7% 68.5% 50 0% r
September 35.7% 47.4% 50.3% 54.4% 57.0% 0g6I% ,`
October 54.8% 58.0% 61.7% 64.0% 66.4%
November 63.1% 63.8% 64.8% 74.2% 73.1% 30.0%
December 59.3% 62.0% 61.1% 67.7% 69.0% a
2009 LL ----0--2010 20 --A- 2013
Total 67.5% 69.4% 70.3% 74.3% 75.9% 84.0% 2.2%
2008 2009 2010 2011 2012 2013 %Chg Monroe County Average Daily Rate
77
s32o ao
January $207.73 $184.41 $185.32 $189.03 $209.99 $225.42 7.3% s30000
February $238.36 $202.06 $207.54 $223.35 $252.94 $267.95 6.9% V".00
March $259.40 $206.17 $223.89 $245.29 $272.56 $298.26 9.4% s2wo0
April $205.24 $194.62 $203.21 $232.23 $246.21 $246.97 0.3% $2..
May $189.17 $166.80 $169.18 $191.22 $203.82 $221.16 8.5% .00
June $168.34 $149.21 $153.56 $175.81 $186.67 $200.00
Judy $170.72 $1.52.80 $157.52 $183.28 $192.36 ,1e0.00
August $160.70 $141.82 $143.10 $166.69 $176.06 �,��
September $140.36 $136.57 $139.64 $157.60 $166.71 �,w�
October $164.36 $155.79 $158.37 $176.72 $185.45 16'
$12000
November $165.80 $159.91 $164.42 $184.39 $193.22 37��
December $198.54 $192.72 $197.32 $222.86 $235.79
Total $194.68 $172.10 $179.71 $199.44 $212.87 $253.99 6.6% -0-2009 - 2010 2011 -. -2012 , 2013
RevPAR
2008 2009 2010 2011 2012 2013 %Chg
Monroe County Average RevPAR
January $153.11 $126.36 $125.45 $130.39 $158.50 $178.53 12.6% 4 , `
February $194.24 $162.09 $166.42 $188.61 $214.88 $236.39 10.0% S1000 "'7
March $215.20 $167.28 $190.64 $219.44 $242.60 $271.34 11.8% m0.ao71
April $161.90 $157.40 $165.04 $194.76 $206.40 $206.25 -0.1% S7'0'0° �s�'.. � ii . �t s
May $140.67 $123.53 $129.20 $144.02 $159.16 $174.28 9.5% �� " 7,
� ''
June $120.23 $109.38 $112.56 $137.78 $148.91 :17000
July $129.03 $119.55 $122.89 $152.33 $163.68 $15000 t
August $99.40 $94.46 $94.12 $116.14 $120.58 $13000 t""
September $50.12 $90A2 $70.22 $85.75 $94.95 $110.00
October $90.09 $97.08 $97.74 $113.16 $123.18
ss0 ao
November $104.65 $102.08 $106.58 $136.88 $141.31 $'°°° ,
December $117.68 $119.42 $120.54 $150.79 $162.66 u0°° �
Total $131.59 $125.32 $126.26 $148.28 $161.53 $213.31 8.9% 1 -+-2009� --0--2010 2011 - 2012 -0-2013
Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year
performance numbers.
Source 2013 Smith Travel Research,Inc./STR Global,Ltd. This document contains confidential trade information and can only be released
to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes