Item P05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008
Division: Growth Management
Bulk Item: Yes_ No X_ Department: Planning & Env. Resources
Staff Contact Person: Townsley Schwab
Joseph Haberman, Planner
AGENDA ITEM WORDING: A public hearing to consider an extension of the moratorium on
the transfer of recreational vehicle spaces to hotel and motel units off -site.
ITEM BACKGROUND: The Board of County Commissioners passed a moratorium on the
transfer of recreational vehicle spaces to hotel and motel units off -site in June 2003. It was
subsequently extended by Ordinance 001-2007 to December 31, 2007.
The Monroe County Planning & Environmental Resources Department has advertised a text
amendment to Section 9.5-120.6 of the Monroe County Code to extend the moratorium on the
off -site transfer of recreational vehicle (RV) spaces to hotel and motel units from December 31,
2007 to December 31, 2009 or until new Land Development Regulations are adopted to regulate
such transfers. The moratorium continues to be in effect due to the pending ordinance doctrine.
Planning Staff has previously recommended that this moratorium be allowed to expire due to
lack of evidence that the moratorium was necessary to stop the conversion of RV spaces to
hotel/motel rooms.
PREVIOUS RELEVANT COMMISSION ACTION: Original moratorium approved in June
2003. Subsequently, Ordinance No. 001-2007 extended the moratorium until December 31,
2007.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends that the moratorium be allowed to
expire.
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
APPROVED BY: County Attorney
DOCUMENTATION: Included X
BUDGETED: Yes No N/A
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH N/A Year
OMB / Purchasing
Not Required
DISPOSITION: AGENDA ITEM #
Risk Management
ORDINANCE NO. - 2008
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-120.6,
EXTENDING THE MORATORIUM ON TRANSFER OF
RECREATIONAL VEHICLE SPACES TO HOTEL AND MOTEL
UNITS OFF -SITE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
TRANSMITTAL FOR CODIFICATION.
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Monroe County Code Section 9.5-120.4(b)a. iii(1)(a)(i) allows the off -site transfer and
redevelopment of lawfully established RV spaces as hotel or motel rooms.
A significant number of unlawful conversions of RV spaces into permanent residency have
occurred over time, which has provided affordable housing for many low and moderate
income persons in Monroe County.
3. Existing regulations governing RVs as transient residential units have been inadequate to
preclude the conversion of existing RVs into permanent residences, which is contrary to the
Comprehensive Plan and Land Development Regulations and has many undesirable
consequences for the County in terms of health , safety and welfare issues.
4. 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.
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.
6. The Planning Commission, at a regularly scheduled public hearing on January 8, 2008
considered the proposed text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Chapter 9.5 Article VII, Division 2, Monroe County Code, is hereby amended 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, 2009.
Section 2. Severability.
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If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Repeal of Conflicting Provisions.
The provisions of the Monroe County code and all ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission approving ordinance pursuant to Chapter 380, Florida Statutes.
Section 5. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately
numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IA
Mayor Charles "Sonny "McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Andrew O. Trivette, Director of Growth Management
Townsley Schwab, Acting Director of Planning & Environmental Resources
From: Monroe County Planning & Environmental Resources Department
Date: January 2, 2008
Subject: Extension of Moratorium on Of Transfer ofRecreational Vehicle Space
Section 9. 5-120.6 of the Monroe County Code
Meeting: January 16, 2008
1
2 I REQUEST
3
4 The Monroe County Planning & Environmental Resources Department has advertised a text
5 amendment to Section 9.5-120.6 of the Monroe County Code to extend the moratorium on
6 the off -site transfer of recreational vehicle (RV) spaces to hotel and motel units from
7 December 31, 2007 to December 31, 2009 or until new Land Development Regulations are
8 adopted to regulate such transfers. This item has been placed on the agenda to allow the
9 BOCC to make a decision regarding the extension of this prohibition.
10
11 Currently, the Land Development Regulations prohibit the off -site transfer of RV spaces to
12 hotel or motel rooms. This moratorium was approved by the BOCC in June 2003 in response
13 to concerns regarding the loss of affordable housing through the transfer of RV units used for
14 permanent housing to hotel/motel rooms. Subsequently, the moratorium was extended by the
15 BOCC to December 31, 2007.
16
17 II FINDINGS OF FACT AND CONCLUSIONS
18
19 Staff has found no evidence that there is a demand for the conversion of RV spaces to off -site
20 hotel/motel units. Discussions with various stakeholders have indicated that there is limited
21 demand for such transfers.
22
23 III RECOMMENDATION
24
25 Staff recommends that the moratorium on off -site transfer of recreational vehicle space be
26 allowed to expire.
27 ,
28 NO feefeatiffl Vehiele SPaee shall be eligible fef og site tfaflsfer- to a hote! or mote! room
29
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MEMORANDUM p�
MONROE COUNTY PLANNING DEPARTMENT" "
We strive to be friendly, profLWonal, and fair
TO: The Board of County Commissioners
FROM: Townsley Schwab, Acting Director of Planning & Env. Res.
THROUGH: Andrew Trivette, Growth Management Director
DATE: January 9, 2008
MEETING DATE: January 16, 2008
RE: Extension of on transfer of recreational vehicle spaces
Monroe County Code Section 9.5-120.6
T
At the Panning Commission meeting of January 8, 2008, the Commission voted against extending to
December 31, 2009, the moratorium on transfer of recreational vehicle spaces to hotel and motel units
off -site in a 4 to 1 vote with Commissioner Popham voting for the extension.
Cc: Randy Wall