Resolution 393-2020 Arem
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4 MONROE COUNTY,FLORIDA
5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
6 RESOLUTION NO. 393 -2020
7
8 A RESOLUTION BY THE MONROE COUNTY BOARD OF
9 COUNTY COMMISSIONERS AUTHORIZING A REQUEST
10 FOR A TIME EXTENSION TO RESOLUTION NO.252-2019,
11 WHICH ALLOWED FOR THE PLACEMENT, LOCATION,
12 DURATION, AND TYPE(S) OF HOUSING AND GAINFUL
13 EMPLOYMENT OF RELIEF WORKERS PURSUANT TO
14 MONROE COUNTY LAND DEVELOPMENT CODE
15 SECTION 103-1 FOR PROPERTY LOCATED AT 280 KEY
16 DEER BOULEVARD, BIG PINE KEY WITH PARCEL ID
17 00111450-000000.
18
19 WHEREAS, the Monroe County Board of County Commissioners (BOCC or Monroe
20 County) is the local legislative body of Monroe County,Florida; and
21
22 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
23 September 5, 2017, due to Hurricane Irma, deeming it a "threat of danger to the populace
24 inhabiting Monroe County" and providing that the County"may require expedient action in order
25 to protect the health, safety and welfare of the community;"and
26
27 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
28 on September 10,2017,causing substantial damage to and loss of property; and
29
30 WHEREAS, the Monroe County Mayor issued other declarations a State of Local
31 Emergency on or about September 13,2017,September 20,2017,September 25,2017,September
32 26, 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, deeming it a "threat of
33 danger to the populace inhabiting Monroe County" and providing that the County "may require
34 expedient action in order to protect the health, safety and welfare of the community;"and
ac
36 WHEREAS, as stated above, Monroe County experienced a natural disaster, Hurricane
37 Irma,which caused significant damage to residences,businesses,and infrastructure throughout the
38 County; and
39
40 WHEREAS,pursuant to Section 103-1(b)of the Monroe County Land Development Code
41 (LDC), it is the purpose of this section to provide regulations that allow for the relaxation of the
42 use prohibitions in Chapter 130,Land Use Districts,and Chapter 138, Rate of Growth Restrictions
43 (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary emergency housing,
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1 not subject to the ROGO permit allocation system,for temporary occupancy by residents displaced
2 by natural or manmade disaster damage...; and
3
4 WHEREAS, pursuant to LDC Section 103-1(a), temporary emergency housing means
5 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
6 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical
7 storms, where such RVs (or other approved sheltering units) are provided to residents or relief
8 workers as part of emergency relief efforts, and recreational vehicle (RV) means the same as that
9 term is defined in Florida Statute § 320.01; and
10
11 WHEREAS, pursuant to LDC Section 103-1(t), temporary emergency housing may be
12 provided for temporary occupancy by emergency relief workers involved in reconstruction
13 activities subject to certain conditions; and
14
15 WHEREAS,the County has experienced significant damage to numerous residences, and
16 must utilize available locations to provide secure temporary housing for the disaster recovery of
17 the community; and
18
19 WHEREAS,pursuant to LDC Section 103-1(i), no clearing or filling of environmentally
20 sensitive lands may occur as a result of providing any type of temporary housing unit(s); and
21
22 WHEREAS, pursuant to LDC Section 118-9 (e), the Habitat Conservation Plan for Big
23 Pine Key and No Name Key prohibits clearing of native habitat other than that necessary and
24 authorized for new residential development, local road widening or fire breaks to protect
25 residential areas;
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
29
30 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
31 are hereby incorporated as if fully stated herein.
32
33 Section 2. Based upon the information and documentation received by the BOCC in support
34 of the request for approval in this decision, the BOCC hereby approves the request received
35 requesting a time extension to Resolution No. 252-2019, allowing the temporary emergency
36 housing(five(5)units)to remain on-site until April 1, 2022, subject to the following conditions:
37
38 Section 3. Location. The approved location for placement of five (5) temporary emergency
39 housing for emergency relief works is 280 Key Deer Boulevard, Big Pine Key with Parcel ID
40 00111450-000000 and legally described as:
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A Tract of Land in a part of the NE%of the N W'%of
Section 26,Twp.66S.,R. 29 E.on BIG PINE KEY,
Monroe County,Florida,and being more particular-
ly described by metes and bounds as follows;
Commencing at the S.W.Corner of the NE'%of the
NW'%of Section 26,Twp.66 S.,R. 29 E.,said
Corner also to be known as the Point of Beginning
of the tract of land hereinafter described.bear
North for a distance of 354.18 feet to a point;
thence bear East for a distance of4%2.82 feet
to a point on the Westerly right-of-way line of
State Road No.59411;thence bear South 31 degrees
and 34 minutes East along the Westerly right-oh
way line of State Road No.S940 for a distance of
415.69 feet to a point;thence bear West for a
distance of 700.44 feet,back to the Point of
1 Beginning,containing 4.81 Acres.
2
3 Section 3. Duration. The temporary emergency housing may remain on the subject
4 property until April I, 2022. A no-fee building permit authorizing placement of the temporary
5 housing unit(s)is required. The duration may only be extended at the sole discretionary approval
6 of the BOCC in the form of a subsequent BOCC resolution.
7 Section 4.Type of Housing.The temporary housing shall be an approved sheltering unit,
8 including but not limited to,recreational vehicles (RVs), modular units, trailers, fold out shelters
9 and site built structures.
10 Section 5.Gainful Employment.For purposes of compliance with LDC Section 103-1(f),
11 the utilization of the temporary emergency housing shall be deemed compensation and as such
12 relief workers temporarily occupying emergency temporary housing shall be determined to be
13 gainfully employed in Monroe County.
14 Section 6. Environmental Impacts. The Monroe County Planning and Environmental
15 Resources Department shall review the subject proposal prior to any work occurring on the site.
16 Any unauthorized impacts to native vegetation on site shall and must be restored.
17 Section 7. Construction and Interpretation. This resolution and its interpretation
18 shall be liberally construed and enforced in favor of Monroe County to effectuate its public
19 purpose(s)and policy(ies)of the County.The construction and interpretation of this resolution and
20 all Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes,and
21 Monroe County Code(s)provision(s)whose interpretation arises out of,relates to,or is interpreted
22 in connection with this resolution shall be liberally construed and enforced in favor of Monroe
23 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
24 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
25 adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
26
27 Section 8. No Liability. Monroe County expressly reserves and in no way shall be
28 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
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1 governmental, and any other similar defense,immunity,exemption,or protection against any suit,
2 cause-of-action, demand,or liability.
3
4 Section 9. Severability. If any provision of this resolution, or any part or portion
5 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
6 competent jurisdiction,the invalidity or unenforceability of such provision, or any part or portion
7 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
8 provision of this resolution,or any remaining part(s)or portion(s)thereof. All other provisions of
9 this resolution,and remaining part(s)or portion(s) thereof,shall continue unimpaired in full force
10 and effect.
11
12 Section 10. All terms, covenants, conditions, and provisions of Resolution No. 252-
13 2019, except those expressly modified and expressly rendered inconsistent by this resolution,
14 remain(s)binding and in full force and effect.
15
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
17 at a regular meeting of the Board held on the 1 T"day of November 2020.
18
19 Mayor Michelle Coldiron Yes
20
21 Mayor Pro Tem David Rice Yes
22 Commissioner Craig Cates Absent
Commissioner Eddie Martinez Yes
24 Commissioner Mike Forster Yes [ � Csr-
D
25 IV o
s
26 •
cc,'••I'\ BOARD OF COUNTY COMMISS,IONERB
• OF MONROE C a. L.) c
1
.t;3 'Y BY:
34 ti-cr.:w MAYOR HEATHER CARRUTHERS
35 ATTEST: KEVIN MADOK,CLERK
36 YOlNpayROEE COUNTY TOFORNEY
37 _ oats: I ��
38 By
39 AS DEPUTY CLERK
40
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