Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeti�ig Date: Janu.a l 7 200�
Bulk Item: Yes � No X
Division: Growth Management
Department: Plannine and .Env. Resources
Staff Contact Person: Aref Joulani/Jose Patna
AGENDA ITEM WORDING: A public hearm-a to consider an extension. of the moratorium on the
transfer of recreational vehicle spaces to hotel anal 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. Since, the original
moratorium was passed according to the ordinance enactment procedures and public hearing
requirements, it was felt that the BOCC should have the option of extending the moratorium or letting it
expire by having a public hearing.
The Monroe County Planning and Environmental Resources Department has advertised an amendment
to Section 9.5-1.20.6 of the Monroe County Land Development regulations (LDRs) to extend the
moratorium. on the transfer of recreational vehicle spaces to hotel and motel units off -site from
December 31, 2006 to December 31, 2008 or until new Land Development Regulations are adopted to
regulate such transfers. This moratorium will expire by its own terms on December 31, 2006. This item
was heard by the Planning Commission on December 19, 2006 and a recommendation was made that
the BOCC not extend the moratorium.
Staff recornmends that this moratorium be allowed to expire.
PREVIOUS RELEVANT BOCC ACTION: Original prohibition approved in June of 2003.
CONTRACT/AGREEMENT CHANGES: Ni`A
STAFF RECOMMENDATIONS: Denial,
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/A No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMBIPurchasing N, A Risk Management NfA
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE NO. - 2007
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.
Of Fact: WHEREAS, the Board of County Commissioners makes the following Findings
1. The Monroe County Code Section 9.5-120.4(b)a. iii(l)(a)(i) allows the off -Site
transfer and redevelopment of lawfully established RV spaces as hotel or motel
rooms.
2. A significant number of unlawful conversions of RV spaces into permanent residency
have occurred overtime, which has provided affordable housing for many low and
moderate income persons in Monroe County.
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 terrns of both its tourist industry
and safe and adequate housing for its love and moderate income households.
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.
5. Additional time is required to sufficiently allow background studies to be completed
and regulations drafted to address county wide problems with regulations of R.Vs
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 December 19,
2006, considered the proposed text amendment and made a recommendation not to
extend the moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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Section 1. Chapter 9.5 Article V tI, 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. Deeeniber 3174406 December 31. 2008.
Section 2. Severabilit r.
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. Re eal 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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held. on the day of 2001.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
I APPRevF s T OR
s
L3�i9•
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To:
Through:
From:
Date:
RE:
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
Board of County Commissioners
Aref Joulani, Senior Director of Planning & Environmental Resources
Jose Papa, AICP, Comprehensive Planning Manager
December 22, 2006
Extension of moratorium on the transfer of recreational vehicle spaces to
hotel and motel. units off -site.
1 BACKGROUND
2
3 The Monroe County Planning and Environmental Resources Department has advertised
4 an amendment to Section 9.5-120.6 of the Monroe County Land Development
5 Regulations (LDRs) to extend the moratorium. on the transfer of recreational vehicle
6 spaces to hotel and motel units off -site from December 31, 2006 to December 31, 2008 or
7 until new Land Development Regulations are adopted to regulate such transfers. This
8 item was heard by the Planning Commission on December 19, 2006 and a
9 recommendation was made to the BOCC not to extend the moratorium.
10
I 1 Currently, the LDRs, prohibit the off -site transfer of RV spaces to hotel/motel rooms.
12 This prohibition. was approved by the BOCC in June 2003, a major concern raised by the
13 Board at the time was the loss of affordable housing through the transfer of RV units used
14 for permanent housing to hotel/motel rooms.
15
16 ISSUES
17
18 Staff has found no evidence that there is a demand for the conversion. of RV spaces to
19 off -site hotel/motel units. Discussions with various stakeholders have indicated that there
20 is limited demand for such transfers.
21
22 SUMMARY AND CONCLUSIONS
23
a
24 Staff recommends that the moratorium on off -site transfer of RV units for hoteli`motel
25 units be allowed to expire. On December 19, 2006, the Planning Commission voted to
26 recornmend to the �BOCC that this moratorium not be extended.
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BOCC.cioc
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