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Item U3 Meeting Date: May 18, 2005 Bulk Item: Yes_ No---L BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: Growth Management Department Planning Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: A public hearing to consider a Department of Community Affairs transmittal resolution to amend Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan concerning a County-wide staged/phased evacuation in the event of a pending major hurricane (category 3-5). ITEM BACKGROUND: Monroe County is required to achieve the Work Program set forth by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan. Within the current year, year 8, the County is to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce hurricane clearance times and thereby reduce potential loss of life from hurricanes. The County anticipates accomplishing this requirement by amending Policy 216.1.8 which requires the County to implement procedures for the early closing and evacuation of the transient, non-resident population. The critical concept of this Policy is that non-residents would leave the Keys before the evacuation of the residents begin. By evacuating the non-residents first, the County can achieve and maintain an overall 24- hour hunicane evacuation clearance time for the resident population. This Policy is a result of research and analysis perfonned by the Florida Keys Hurricane Evacuation Clearance Working Group. The Working Group was established by Secretary Thaddeus Cohen of the Florida Department of Community Affairs in August of 2004 and has met monthly between September 2004 and January 2005. The Working Group discussed four alternatives regarding hurricane evacuation in the Keys and of the alternatives analyzed by the group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time. The proposed amendment was reviewed and approved at regularly scheduled meetings by the Development Review Committee on March 24, 2005 and was continued by the Monroe County Planning Commission during regular public meetings held on April 13 and 27, 2005 and reviewed and approved by the Monroe County Planning Commission during a re!,'Ular public meeting held on May 1],2005. PREVIOUS REVELANT BOCC ACTION: The Board of County Commissioners passed and adopted Resolution # 018-2005 on January 19, 2005 supporting implementation of a staged hurricane evacuation process in Monroe County, FL. CONTRACTI AGREEMENT CHANGES: N/ A 81' AFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes _No N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year APPROVED BY:County Attorney -1L- Not Required ~ AGENDA ITEM # DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ DISPOSITION: ,-/~ MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMEND~lENT POLICY 216.1.8 STAGED/PHASED HURRICANE EVACUATION BOARD OF COUNTY COMMISSIONERS KEY LARGO MA Y 18, 2005 MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMENDMENT POLICY 216.1.8 STAGED/PHASED HURRICANEEV ACUATION A REQUEST BY MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 216.1.8 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CONCERNING A STAGED/PHASED HURRICANE EV ACUA TION. RECOI\lMENDA TIONS Staff: Approval ORC: Approval PC: Approval March 24, 2005 March 24, 2005 May II, 2005 Staff Report Resolution #0 -05 Resolution #P -05 DRAFT ROCC TRANSMITTAL RESOLUTION RESOLUTION NO. -2005 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 CONCERNING A STAGED/PHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, the Monroe County Board of County Commissioners held a public hearing on May 18, 2005 for the purposes of considering the transmittal to the Florida Deparhnent of Community affairs, tor review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive Plan, Policy 2 I 6.1.8; and WHEREAS, the Planning Staff, Development Review Committee, Planning Commission and Monroe County Board of County Commissioners support the requested amendments to the Monroe County Year 2010 Comprehensive Plan, Policy 216.1.8; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 2. Section 3. Section 4. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the draft ordinance for the adoption of the proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes; and The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of 9J-ll.0006 of the Florida Administrative Code; and The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. {The remainder of this page is left intentionally blank} PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of May, 2005. Mayor Dixie M. Spehar Mayor Pro Team Charles "SonnyH McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David p, Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Dixie M. Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK MONROE COUNTY ATTORNEY p~VEOIAS TO FOAM ,~.~C' 4-,~q. I):; 'O..t: DEPUTY CLERK DRAFT BOCC ORDINANCE ORDINANCE NO. -2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 CONCERNING A STAGED/PHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5); PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County is required to amend the Work Program set forth by Poliey 101.2.13 ofthe Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, Year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis p(,'fformed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourist, non-residents, and other categories of evacuees to complete their evacuations prior to the inception of the evacuation ofresidents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys abJfee to the concept of a "staged evacuation process", and \VHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and WHEREAS, the proposed amendment to Policy 216.1.8 is consistent with the goals, objectives and policies of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the amendment is specifically consistent with Goal 216 and Objectives 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan; and 'WHEREAS, the amendment is consistent with F.A.C. Chapters 9J-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners finds that the proposed Text amendment furthers and is consistent with the Year 2010 Comprehensive Plan; and Section 2. In order to implement the procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan shall be amended to read as follows: Strike through text is deleted Underlined text is new Policy 216.1.8: As directed by the Deportment of Emergency Management, Monroe County shall implement procedures for the orderly closing and evacuation of hotels, motels, RV parks, mobile home parks, campgrounds, and state und county parks in accordance '.'lith the Monroe county Hurrieane Preparedness Evacuation and Shelter Plan. The COlmty shall require that operators of transient facilities notify guests of the evacuation procedure during check in through out the hurricane season. The plan shall be monitored and updated on an annual busis [9J 5.012(3)(e)~]. Proposed Policy 216.1.8: In the event of a pending maior hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. I. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles fRY's). travel trailers, live-aboards (transient and non-transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non- residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents. special needs residents. and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical stann winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as tollows: a. Zone 1 ~ Key West, Stock Island and Key Haven to Boca Chica Bridge fMM 1-6) b. Zone 2 -- Boca Chica Bridge to West end of7-mile Bridge (MM 6-40) c. Zone 3 ~ West end of 7-Mile Bridge to West end of Long Boat Kev Bridge (MM 40- ill d. Zone 4 ~ West end of LonQ Boat Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5) e. Zone 5 - 905A to, and including Ocean Reef (MM I 06.5~ 126.5) The actual sequence of the evacuation by zones will vary depending on the individual stonn. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; particularly the resident and non-resident populations [9J- 5.012(3)( c)4). Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 6. 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 Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2005. Mayor Dixie M. Spehar Mayor Pro Team Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David P. Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Dixie M. Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK BOCC STAFF REPORT MEMORANDUM TO: The Board of County Commissioners FROM: K. Marlene Conaway DA TE: April 29, 2005 MEETING DATE: May 18, 2005 RE: REVISIONS TO MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 I BACKGROUND The past Hurricane Season was particularly active for Monroe County. The County was threatened with four hunicanes, one of which required an evacuation of the residential and non-residential populations. The Counties ability to safely and efficiently evacuate the residential and non- residential populations is a primary safety concern. Monroe County is required to amend the Work Program set forth in Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan. Within the current year, year 8, the County is to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hunicanes. The County anticipates accomplishing this by amending Policy 216.1.8 which requires the County to implement procedures for the orderly closing and evacuation of the transient, non-resident population. Throughout the hurricane season, the County required operators of transient facilities to notify guests of the evacuation procedures. The Plan was to be monitored on a yearly basis. The proposed amendment of this Policy implements the procedures for an orderly evacuation by staging an evacuation sequence based on the anticipated arrival of a pending major hurricane. The critical concept of this Policy is that non-residents would leave the Keys before the evacuation of the residents begin. By evacuating the non-residents first, the County can achieve and maintain an overall 24-hour hunicane evacuation clearance time for the resident population. This Policy is a result of research and analysis perfimned by the Florida Keys Hunicane Evacuation Clearance Working Group. The Working Group was established by Secretary Thaddeus Cohen of the Florida Department of Community Affairs in August of 2004 and has met monthly between September 2004 and January 2005. The Working Group discussed four alternatives regarding hurricane evacuation in the Keys including reducing clearance time, special needs population, a regional evacuation model and equivalency factors. Of the alternatives analyzed by the group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time (See the Working Group's summary report attachment for a more complete background). II ANALYSIS The Working Group worked within the context of the current Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan that pertained to hurricane evacuation. Staff finds the amendment of Policy 2] 6.1.8 consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan. Particularly, Goal 216 which requires Monroe County to provide for hurricane evacuation, shelters, refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. In addition, Objective 216.1 mandates the County to reduce hurricane evacuation clearance times to 24 hours by the year 2010. As an "Area of Critical State Concern", Monroe County is also governed by Chapters 91-5 and 91-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida Statutes. The proposed Policy amendment is consistent with 91-5.012(2)e. The proposed text amendment will further the following natural disaster planning concerns: . To consider the number of persons required to evacuate, evacuation routes, evacuation times.; and . To protect the special needs of the elderly, handicapped, hospitalized, or other special needs; and . To maintain or reduce hurricane evacuation times. The primary benefit associated with this altt.mative is the reduction of background traffic during a mandatory evacuation of Keys residents. This reduction would in turn reduce the estimated evacuation clearance time for residents by approximately three and a half hours if an early evacuation of tourists is implemented, and six hours for early evacuation of tourists and mobile homes. Finally, this Policy shan be monitored on an annual basis and adjusted as necessary to reflect increases, decreases and or shifts in the population; particularly resident and non-resident. The annual monitoring is particularly important as transient and residential dwelling units have recently been redeveloped from a mobile/transient use to a permanent use. III FINDINGS OF FACT 1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 20] 0 Comprehensive Plan. 3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.A.C. Chapters 91-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. IV PREVIOUS ACTION The Board of County Commissioners passed and adopted Resolution # 018-2005 on 1 anuary 19, 2005 supporting implementation of a staged hurricane evacuation process in Monroe County, FL The Resolution was proposed by the Working Group to allow for a safer evacuation of the Florida Keys by requiring the tourists, non-residents and other categories of evacuees to complete their evacuations prior to the inception of the evacuation of residents. The amendment of this Policy further implements this Resolution. The proposed amendment was reviewed and Approved at regularly scheduled meetings by Planning Staff, the Development Review Committee on March 24, 2005 and the Planning Commission on May 11,2005. V PROPOSED TEXT CHANGE The old language is shown struck through. The new language is shown underlined. Current Policy 216.1.8: "\s directed by the Department of Emergency Management, Monroe County shall implement procedures for the orderly closing and evacuation of hotels, motels, R V parks, mobile home parks, campgrounds, and state and county parks in accordance "'lith the Monroe county Hurricane Preparedness Evacuation and Shelter Plan. The oounty shall require that operators of transient facilities notify guests of the evucuation procedure during check in through out the hurricane season. The plan shall be monitored and updated on an annual basis [9J 5.0I2(3)(c)~]. Pro1Josed Policy 216.1.8: In the event of a pending maior hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles fRY's), travel trailers, live-aboards (transient and non-transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entrv into the Florida Keys by non- residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents. and hospital and nursing home patients from the Keys shall be initiated. 3. Approximatelv 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a. Zone 1 ~ Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b. Zone 2 ~ Boca Chica Bridge to West end of 7 -mile Bridge (MM 6-40) c. Zone 3 ~ West end of7-Mile Bridge to West end of Long Boat Kev Bridge (MM 40- Ql} d. Zone 4 - West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5) e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; principally the resident and non-resident populations [9J- 5.012(3)( c)4]. VI RECOMMENDED ACTION: Based on the Findings of Fact and Conclusions of Law and the recommendations of Planning Staff, the Development Review Committee and the Planning Commission recommends APPROVAL to the Monroe County Board of County Commissioners for the proposed text change to Policy 216,1.8 of the Monroe County Year 2010 Comprehensive Plan. Summary Report of the Florida Keys Hurricane Evacuation Working Group Background The Florida Keys Hurricane Evacuation Clearance Working Group was established by Secretary Thaddeus Cohen of the Florida Department of Community Affairs in August of 2004. The Secretary's letter establishing the working group is attached as Appendix 1. The purpose of the working group was threefold: (1) To examine the underlying assumptions of the Miller hurricane evacuation model, in the context of the Florida Keys approaching the 24-hour limit for evacuation clearance time; (2) To assess building permit equivalency rates across the various local governments in the Keys and their effects on clearance time; (3) To complete a comprehensive analysis of hurricane evacuation issues and develop strategies to reduce hurricane clearance times, specifically examining recent improvements in hurricane forecasting and developments in Transportation Systems Management Based on these principles, the working group met monthly between September 2004 and January 2005. Its members consisted of one elected official from each local government The members of the working group were: Clyde Burnett - Mayor, City of Key Colony Beach Charles "Sonny" McCoy ~ Monroe County Board of County Commissioners Carol MacLaren ~ Mayor, City of Layton (through November 2004) Kim Briggs - Mayor, City of Lay10n (after November 2004) Randy Mearns ~ Marathon City Council Michael Reckwerdt ~ Islamorada Village Council Jimmy Weekley - Mayor, City of Key West Furthermore, members of the public were encouraged to attend working group meetings and provide their perspectives on the issues. Topics The working group addressed a wide range of topics, which fell into five broad categories: 1. Background ~ recent experiences with hurricanes; the Miller model; hurricane forecasting 2. Transportation ~ road widening; Transportation Systems Management; 3. Sheltering options - cost/location of shelters 4. Planning~ ROGO/property rights; equivalency issues; 5. Evacuation options and issues - timing of evacuation orders Summaries of the panel's meetings are attached as Appendix 2. n Recommendations The working group offered several recommendations regarding hurricane evacuation in the Keys. These recommendations included the following: (1) reduce clearance time through a staged evacuation process; (2) increase and improving coordination tor the evacuation of special needs residents; (3) explore the development of a regional hurricane evacuation model; and (4) establish more uniform equivalency factors for dwelling units among the various local governments in the Keys. The recommendations are discussed in more detail below. 1. Reduce Clearance Time The primary issue facing the group was the question of reducing clearance time. At the moment, the Keys are just below the mandated 24-hour evacuation time threshold. Four alternatives to reduce clearance time were presented to the working bYfouP. These options consisted of (1) Transportation Systems Management (TSM) ~ the use of cones, delineators, signs, and other low-cost, temporary traffic control devices to create additional outbound travel lanes along US-1 during an evacuation period; (2) the construction of permanent roadway improvements along US-I to increase roadway capacity during non-evacuation and evacuation periods; (3) a stagediphased evacuation process- requiring a mandatory evacuation of non-residents, visitors, and recreational vehicles (RYs) from the Keys approximately 48-hours in advance of sustained tropical storm force winds and (4) sheltering a portion or all of the Keys population during Category 3-5 hurricanes. Of the four alternatives, option (3) was considered the quickest and most effective means of signifIcantly reducing clearance time ~ a staged evacuation process could be implemented by the next hurricane season (unlike pennanent roadway improvements), would reduce clearance time the most, according to the evacuation model, and mirrors existing emergency management practices already in place in Monroe County. However, in order to have the elearance time reduction reflected in the evacuation model, local governments will need to adopt policies into their comprehensive plans supporting this alternative - resolutions passed by the local governments in support of this alternative are attached as Appendix 3. The working group did not endorse option (1), Transportation Systems Management, which was perceived as too labor intensive and distracting for law enforcement personnel with at best a minimal or speculative evacuation benefit. The panel did voice support for option (2), permanent roadway improvements, but only as an element of a longer-term, regional evacuation plan and with the understanding that lslamorada vigorously opposes widening US-I through the Village. The working group recognized that with respect to option (4), sheltering the population in the Keys, there are currently not enough shelter spaces for the entire population during a Category 3-5 storm, but that shelters shall be considered for special needs residents as well as under other circumstances and in the Lower Keys and the City of Key West. The working group also recognized hazards associated with sheltering large populations and advocated considerable more study. The City of Key West and Monroe County adopted resolutions that specifically supported the further consideration of shelters under certain circumstances. 2. Special Needs Another issue addressed by the working b,:tfOUP is the evacuation of the county's special needs population. This population includes the elderly, homebound, hospitalized, and others, whose evacuation would require special attention and coordination. In this regard, the hurricane evacuation clearance working b,:tfOUP recommended that local health, law enforcement, and emergency management personnel work together to ensure better coordination among agencies, so as to be able to better serve the county's most vulnerable population. The State of Florida Emergency Support Function (ESF) should serve as a model approach for this coordination. The issue of providing evacuation for the homeless population was also considered. The Florida Keys Outreach Coalition will be responsible for the evacuation of the homeless population. 3. Regional Evacuation Model and Coordination In working group discussions, a recurring theme was the impact of large-scale development in southern Miami-Dade County on the evacuation from the Keys to the mainland. Working group members recommended developing a regional evacuation model and securing state funding for such a project to put hurricane evacuation into a regional context. The working group emphasized the need to examine what happens to traffic from the Keys when it reaches Florida City and heads north. The group also recognized the need to formalize coordination of evacuation procedures with Miami-Dade County. 4. Equivalency Factors The working group recommended that local planning officials discuss the various equivalency factors used throughout the county and attempt to devise more uniform standards for counting and allocating dwelling units. The working l:,:tfOUP was of the opinion that for modeling purposes as well as fairness, a standardized method of accounting for dwelling units would be helpful. This infonnation could then be utilized to update the Miller Model in the future. III Implementation Steps As noted above, local governments passed resolutions in favor of a staged evacuation process. The next step will be to adopt comprehensive plan amendments to formalize this support. The Department of Community Affairs will work closely with the local governments in this regard and provide necessary support. The local governments in Monroe County will need to fornmlize procedures to ensure the operational implementation of the staged evacuation process. A recommended approach would be through Memorandums of Understanding among all local governments in Monroe County. Furthermore, officials will work cooperatively to ensure that the evacuation of citizens with special needs is adequately addressed. Secretary Cohen oftered assistance from the Division of Emergency Management. In addition, a DCA staff person will be specifically assigned to continue work on this effort. Also, DCA will explore funding for a regional evacuation model to ensure that the impact of development in Miami-Dade County on the Florida Keys is adequately addressed. Future hurricanes will most likely be regional issues and as such, a regional model could prove useful for planning and public safety officials, as well as for coordination among Monroe County and Miami- Dade County emergency management departments. Finally, local planners will work together in order to provide more precise inputs into the hurricane evacuation model, particularly with regard to dwelling unit equivalency factors. The Department of Community Affairs will assist this effort. DRAFfPLANNING COMMISSION RESOLUTION #P -05 DRAFT PLANNING COMMISSION RESOLUTION NO. P ~05 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 201 0 COMPREHENSIVE PLAN, POLICY 216.] .8 CONCERNING A ST AGED/PHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, Monroe County is required to amend the Work Program set forth by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the proposed amendment to Policy 216.1 .8 is a result of research and analysis performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for tive months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourist, non-residents, and other categories of evacuees complete their evacuations prior to the inception of the evacuation of residents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys agree to the concept of a "staged evacuation process", and WHEREAS, the Planning Commission adopted the following Findings of Fact: 1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan. 3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.AC. Chapters 9J-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and WHEREAS, the text change was reviewed and recommended for approval to the Planning Commission at the Development Review Committee public meeting held on March 24,2005; WHEREAS, the text amendment was continued by the Monroe County Planning Commission during regular public meetings held on April 13 and 27, 2005 and reviewed and approved by the Monroe County Planning Commission during a regular public meeting held on May 11,2005; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend APPROV AL to the Monroe County Board of County Commissioners of the following amendment to Policy 216.1.8 the Monroe County Year 20t 0 Comprehensive Plan as requested by the Monroe County Planning Department as follows: The old language is shown struck through. The new language is shown underlined. Current Policy 216.1.8: As directed by tho Department of Emergency Management, Monroe County shull implement procedures for the orderly closing and e'/ucuation of hotels, motels, RV parks, mobile home parks, campgrounds, and state and county parks in accordance '::ith the Monroe county Hurricane Preparedness Evacuation and Shelter Plan. The count)' shall require that operators of transient facilities notify guests of the evucuation procedure during oheck in through out the hurricane soason. The plan shall be monitored and updated on an annual basis [9J 5.012(3)(e)1]. Proposed Policy 216.1.8: In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents. visitors. recreational vehicles fRY's). travel trailers. live-aboards (transient and non-transient). and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non- residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds. a mandatory evacuation of mobile home residents. special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds. a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a, Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b. Zone 2 ~ Boca Chica Bridge to West end of7-mile Bridge (MM 6-40) c. Zone 3 ~ West end of7-Mile Bridge to West end of Long Boat Key Bridge (MM 40- Q1l d. Zone 4 ~ West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5) e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; principally the resident and non-resident populations [9J- 5.012(3)( c)4]. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a regular meeting held on the 11 th day of May, 2005. Lynn C. Mapes, Chair Denise Werling, Vice Chair Julio Margalli, Commissioner James D. Cameron, Commissioner Department of Health (by FAX) Department of Public Works (by FAX) Department of Engineering (by FAX) YES YES YES YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By Lynne C. Mapes, Chair Signed this day of ,2005 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D -05 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. -05 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENT AL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 CONCERNING A STAGED/PHASED EV ACUA nON IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, Monroe County is required to amend the Work Program set forth by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourist, non-residents, and other categories of evacuees complete their evacuations prior to the inception of the evacuation of residents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys agree to the concept of a "staged evacuation process", and WHEREAS, the Development Review Committee reviewed the following information: 1. The staff report prepared by Heather Beckmann, dated, March 15,2005; and WHEREAS, the Development Review Committee adopted the tollowing Findings of Fact: 1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan. 3. Particularly, Staff fInds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.A.C. Chapters 91-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend APPROVAL to the Monroe County Planning Commission of the proposed text amendment to the Monroe County Year 2010 Comprehensive Plan as follows: The old lanh~age is shown struck through. The new language is shown underlined. Current Policy 216.1.8: /\'5 directed by the Department of Emergency Management, Monroe County shall implement procedures for the orderly closing afld evacuation of hotels, motels, RV parks, mobile home parks, camphlfounds, and state and county parks in accordance ':,'ith the Monroe county Hurricane Preparedness Evacuation and Shelter Plan. The county shall require that operators of transient faoilities notify guests of the evacuation prooedure during chock in through out the hurricane season. The plan shall be monitored and updated on an annual basis [91 5.012(3)(c)1]. Proposed Policy 216.1.8: In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of trolJical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles CRY's). travel trailers, live-aboards (transicnt and non-transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non- residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximatelv 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a. Zone I - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b. Zone 2 - Boca Chica Bridge to West end of7-mile Bridge (MM 6-40) c. Zone 3 - West end of7-Mile Bridge to West end of Long Boat Key Bridge (MM 40- 63) d. Zone 4 - West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5 e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual stonn. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population~ principally the resident and non-resident populations [9J- 5.012(3)(c )4]. PASSED AND ADOPTED by the Development Review Committee of Monroe County at a regular meeting held on the 24th day of March, 2005. Aref Joulani, Senior Administrator of Devclopment Review YES Heather Beckmann, Planner YES Ralph Gouldy, Sf. Administrator of Environmcntal Resources YES David Dacquisto, Director of Island Planning YES Department of Health (by FAX) YES Department of Public Works (by FAX) YES Department of Engineering (by FAX) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Aref Joulani, DRC Chair Signed this day of ,2005 PLANNING DEPARTMENT Suite 400 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 2892500 FAX: (305) 2892536 BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern, Charles McCoy, District 3 Comm. Murray E. Nelson, District 5 Comm. George Neugent, District 2 Comm. David P. Rice, District 4 MEMORANDUM From: Monroe County Board of County Commissioners K. Marlene Conaway, Senior Director of Planning 1{yVll- To: Date: May 16, 2005 Re: Agenda Item U-3: Monroe County 2010 Comprehensive Plan Amendment, Policy 216.1.8 - Updated Status since BOCC packet for 5/18/05 MEETING DATE: May 18, 2005 On May 11,2005, the Planning Commission, at their third public meeting to discuss the proposed Comprehensive Plan amendment concerning phasing hurricane evacuation, voted 3 to 2 to recommend the following changes to Agenda Item U-3: Comprehensive Plan Amendment, Policy 216.1.8: (Additional changes are underlined and in bold) Proposed Policy 216.1.8: In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the Dermanent resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non-transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone ( described below) shall be initiated. Existing evacuation zones are as follows: Page 1 of2 a. Zone 1 _ Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b. Zone 2 - Boca Chica Bridge to West end of7-mile Bridge (MM 6-40) c. Zone 3 _ West end of 7-Mile Bridge to West end of Long Boat Key Bridge (MM 40-63) d. Zone 4 _ West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5) e. Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual stonn. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; principally the resident and non-resident populations [9J- 5.012(3)(c)4]. For the ouroose of imolementine: Policy 216.1.18. this Policy shall not increase the number of allocations to more than 197 residential units a ear exce t for workforce housine:. Anv increase in the number of allocations shall be for workforce housin on . The Planning Staff and the Planning Commission recommend approval of the proposed amendment with changes to Policy 216.1.8. Page 2 of2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Growth Management Bulk Item: Yes No-L Department: Planning & Env. Resources Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Public hearing to consider an Interim Development Ordinance for the Tavernier Historic District Overlay deferring the acceptance of development applications until design standards and guidelines are adopted and expiring within six months after the effective date of the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 or the adoption of design standards and guidelines, whichever comes first (The first of two public hearings) ITEM BACKGROUND: The Board of County Commissioners (BOCC) adopted the Livable CommumKeys Master Plan Tavernier Creek to Mile Marker 97 (Master Plan). The Master Plan, in Action Item 4.3.6 directs the County to enact a temporary moratorium to defer acceptance of development applications that seek development approval for all new development, exterior remodeling or redevelopment located within the Tavernier Historic District Overlay that meet the threshold for design review for six months after the effective date of the Master Plan or when the guidelines become effective or whichever comes first. On January 16, 2005, the BOCC contracted with HDR consultants to develop design standards and design guidelines for all new development, exterior remodeling or redevelopment within the subject area. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 at their meeting of February 16,2005. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes --.lL No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ Risk Management ~ DIVISION DIRECTOR APPROVAL: , AICP) DOCUMENTATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 INTERIM DEVELOPMENT ORDINANCE TAVERNIER HISTORIC DISTRICT OVERLAY BOARD OF COUNTY COMMISSIONERS KEY LARGO May 18,2005 INTERIM DEVELOPMENT ORDINANCE A REQUEST BY MONROE COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES TO ADOPT AN INTERIM DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF; DEFERJUNG THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN STANDARDS AND GUIDELINES, WHICHEVER COMES FIRST. STAFF: Approval March 24,2005 DRC: Approval March 24, 2005 Resolution # D6-05 pc: Approval April 27, 2004 Resolution # P16-05 DRAFT BOCC ORDINANCE ORDINANCE NO. -2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING A INTERIM DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR TRANSMITT AL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNI KEYS MASTER PLAN FOR TAVERNIER CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST. WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS, the 2010 Comprehensive Plan, Goal 101 requires Monroe County to manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources [91-5.006(3)(b)l]; and WHEREAS, the 201 0 Plan Objective 10 1.20 identifies the Livable CommuniKeys Planning Program as a planning program designed to address community needs while balancing the needs of all of Monroe County; and WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable Communi Keys program as outlined in the 2010 Plan Objective 101.20; and WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as identified in the Master Plan; and WHEREAS, GAl consultants completed an architectural survey of all unincorporated areas of Monroe County and completed an evaluation of sites and structures for designation in the National Register of Historic Places and or Monroe County Landmarks; and WHEREAS, the survey identified fifty-three properties within the Tavernier Historic District as being eligible for national historic designation, eight of the identified properties are designated as Monroe county landmarks and seventeen are listed as Monroe County Historic Landmarks; and WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on the National Register of Historic Places; and Page 1 of6 4/28/2005 WHEREAS, each individual historic site and or structure is important and together they contribute to making the Tavernier Historic District Overlay a significant county resource; and WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the designated Tavernier Historic District Overlay be consistent with design standards and in compliance with regulatory controls; and WHEREAS, historic architecture design standards and design guidelines for historic structures, contributing structures and non-contributing structures all together can support, enhance and preserve the character of the historic district; and WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a temporary moratorium on development within the Tavernier Historic District Overlay until the design standards are adopted or six months after the effective date of the Master Plan, whichever comes first; and WHEREAS, the County has committed necessary staff and resources to the development of the historic district design standards in order to facilitate diligent and good faith efforts to establish policies and regulations within a reasonable period of time; and WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the Master Plan, voted to Contract with HDR Consultants to prepare the historic district design standards and implementation measures including Land Development Regulations at their meeting of January 19, 2005; and WHEREAS, the utilization of the moratorium device as a temporary measure to facilitate government decision making, study and adoption of land development regulations is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and, WHEREAS, the County finds that it is necessary to enact an Interim Development Ordinance deferring the approval of development applications within the designated Tavernier Historic District Overlay so the County can prepare design guidelines; and, WHEREAS, the purpose this Interim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, Chapter 125 F .S., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting against imminent and immediate threat to the health, safety, and welfare of the citizens of Monroe County; and WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and Page 2 of 6 4/28/2005 WHEREAS, following the direction of the Board of County Commissioners in the adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff immediately undertook the development of this Interim Development Ordinance and began working with the consultants HDR, Inc on development of historic design standards for the Tavernier Historic Overlay District; and WHEREAS, the Planning Commission has reviewed the draft Interim Development Ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has reviewed and considered the draft Interim Development Ordinance recommended by the Planning Commission and Planning staff. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this ordinance. Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations and design standards and guidelines become effective, whichever comes first Section 3: During the period that this interim ordinance is in effect, no application for a building permit or development approval shall be granted for any new development, remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1). Section 4: The following are exempt from this ordinance: 1. Interior remodeling. 2. The Director of Planning may authorize the relocation of historic structures identified as a candidate for local historic designation by the Historic Preservation Commission. 3. Development under an approved conditional use permit, repair and/or approvals required for life/safety improvements. 4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants, Page 3 of6 4/28/2005 Section 5: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April 1, 2005, or later. Section 6: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt from this Interim Development Ordinance. Section 7: As of the effective date of the this ordinance, no application for a building permit or development approval meeting the criteria in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 9 hereof. Section 8: This Ordinance shall not be construed to prohibit application for, or the issuance of a building permit or development approval for any development or redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 9: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth Management, together with an administrative fee in the amount of $400, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 95-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Section 10: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text amendments and other supporting studies in cooperation with the Planning Commission to develop design standards and regulatory controls for development, remodeling or redevelopment within the designated Tavernier Historic District. Section 11: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of design standards and regulatory controls to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys and that address local community needs while balancing the needs of all Monroe County Communities; 2) identification of regulatory amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 are properly implemented. Page 4 of6 4/29/2005 Section 12: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 13: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict Section 14: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested to review and approve it by immediate Final Order. S.l20.569(2)(n), F.S. Section 15: 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 Administration Commission approving ordinance pursuant to Chapter 380, Florida Statutes. Section 16: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the Tavernier Creek Historic district, or six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set forth herein. -Remainder of the page left blank - Page 5 of6 4/29/2005 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of 2005. Mayor Dixie Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) MONROE COUNTY ATTORNEY ~VEDAf TO FORM i./ 7f:te/ t; . , '- ~ ~ ~-. ZLJ' ~ OS- ATTEST: DANNY L KOHAGE, CLERK .....a. Deputy Clerk ATTACHED - TAVERNIER HISTORIC DISTRICT MAP Page 6 of6 4/29/2005 Livable C011JnumiKeys Master Plan for TiWernier Creek Bridge to Mile Marker 97 ToveI'm Creek to N,de Mupker 97 Tavernier Historic District Exhibit 1 Historic District Historic District ii' K A Figure 3.1 Historic overlay district. Community Character Element 47 BOCC STAFF REPORT MEMORANDUM TO: FROM: DATE: RE: Monroe County Board of County Commissioners David A Dacquisto AICP, Director, Island Planning Team April 26, 2005 Interim Development Ordinance for the Tavernier Historic District Overlay Summary The Board of County Commissioners (BOCC) at their meeting of February 16, 2005 adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 (Master Plan). Action Item 4.3.5 of the Master Plan stated that any new development, remodeling or redevelopment within the Tavernier Historic District Overlay would be required to be consistent with design standards and regulatory controls established pursuant to Strategy 4.1. Strategy 4.1 of the Master Plan outlines a strategy to protect the future integrity of Tavernier's Historic District by adopting ordinances that clearly define the boundaries of the district, commit to preserving the historic qualities of the district and provide guidelines for all future development activities in the district Action Item 4.3.6 of the Master Plan provided for an Interim Development Ordinance (IDO) on all development meeting the threshold for design review and approval as identified in Action Item 4.3.5. Upon adoption of the Master Plan, the Growth Management staff prepared an IDO to defer acceptance of development applications that seek development approval for all new development, exterior remodeling or redevelopment located within the Tavernier Historic District Overlay that meet the threshold for design review. In anticipation of adoption of the Master Plan an to minimize the term of the 100, the BOCC on January 16,2005 contracted with HDR consultants to develop design standards and design guidelines for all new development, exterior remodeling or redevelopment and to write the implementation language including required amendments to Monroe County Code. The 100 will remain in effect until design standards and design guidelines for the Tavernier Historic District are adopted or six months after the effective date of the Master Plan, whichever comes first. Applications received with a submittal date of March 31, 2005 or earlier will be exempt from this ordinance. Applications received after that date will not be processed and no applications will be accepted after the effective date of the ordinance pursuant to the "Pending Ordinance Doctrine", Background Interim Development Ordinance The Tavernier Creek to Mile Marker 97 Livable Communi Keys Master Plan identified the need to develop' design standards and design guidelines for the Tavernier Historic District 1 Action Item 4.3.5 required that any new development, remodeling or redevelopment approved within the Tavernier Historic District (Figure 3.1), is consistent with design standards and in compliance with regulatory controls established pursuant to Strategy 4.1. Action Item 4.3.5 provided for an IDO to defer development, exterior remodeling and redevelopment within the Tavernier Historic Overlay District (Figure 3.1) until design controls for the Tavernier Historic Overlay District are adopted or six months after the effective date of this Master Plan, whichever comes first The IDO defers new development, exterior remodeling or redevelopment to prevent development, exterior remodeling or redevelopment that would not be consistent with the design standards and design guidelines that will be developed and that would not be consistent with the vision, historic and architectural model for the area. The boundaries oftheIDO are identified in Section 1 ofthe IDO and on the attached map Exhibit L Section 3 of the IDO sets out the development restrictions that will remain in effect for the duration of the 1DO. No building permit or development approval will be granted for any new development, remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1). There are four exceptions to the development restrictions identified in the IDO. Section 4 ofthe IDO lists exceptions for interior remodeling, the relocation of certain historic structures and development under an approved conditional use permit, repair and/or approvals required for life/safety improvements: 1. Interior remodeling. 2. The relocation of historic structures designated by Monroe County or identified by "The Final Report Historic Architectural Survey of unincorporated Areas of Monroe County Florida (2003)" prepared by GAl Consultants Inc. 3. The relocation of historic structures identified as a candidate for local historic designation by the Historic Preservation Commission. 4. Development under an approved conditional use permit, repair and/or approvals required for life/safety improvements. An exception that is currently proposed in the IDO for the U.S. 1 Highway corridor Tavernier Creek to Mile Marker 97 and Community Center allows public buildings to proceed subject to review and approval of the building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. It is recommended that the following language be included in Section 4 of the IDO to add a fifth exception for public buildings to the development restrictions identified in the IDO: 5. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. 2 The IDO refers to the Monroe County Code Section 9.5-181 Determination of vested rights as the process for property owners to seek a detennination that the owner's proposal is vested against the provisions of the IDO and can proceed. Planning Commission Action The Monroe County Planning Commission at their meeting of April 27, 2005 recommended approval of the Interim Development Ordinance with the modifications as stated below: Section 3: During the period that this interim ordinance is in effect, no application for a building pennit or development approval shall be granted for any new development, remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1). Section 4: The following are exempt from this ordinance: 2. The relocation of historic structuros designated by Monroe County or idoo.tified by "The Final report Historic Arehitecturol 8Uf"fey of l:U1incorporated "'\reas of Monroe County (20030" prepared by G.'\l Consultants Inc. .; 2. The Director of Planning may authorize the relocation of historic structures identified as a candidate for local historic designation by the Historic Preservation Commission. 4 ,J,. Development under an approved conditional use permit, repair and/or approvals required for life/safety improvements ~ 4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subiect to review and approval of building design by the Planning Commission. based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. Section 5: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, 00 building permits no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April 1, 2005, or later. Section 6: This Ordinance shall not be construed to prohibit the issuance of a building permit or planning approval prohibit application for, or the issuance of a building permit or development approval for any development or redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 7: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes and the DC^~ is requested t8 revievl and approve it by immediate Final Ordor. S.120.569(2)(n), F.8. Boundary Map The boundary of the IDO is identified on Exhibit 1. 3 Staff Recommendation Staff recommends approval ofthe attached Interim Development Ordinance with the modifications as stated above, for the Tavernier Historic District Overlay; establishing the boundaries thereof; deferring the acceptance of development applications until design standards and guidelines are adopted; providing for exemptions; providing for an effective date; providing for transmittal to the department of Community Affairs (DCA); providing for expiration within six months after the effective date of the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 or adoption of design standards and guidelines, whichever comes first Cc: Timothy 1. McGarry, Director Growth Management K. Marlene Conaway, Director of Planning and Environmental Resources Kerry Willis, Esquire Elizabeth La Fleur, Director, Lower Keys Island Planning Team 4 PLANNING COMMISSION RESOLUTION # P16-05 RESOLUTION NO. P-016-0S AN RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING ADOPTION OF AN INTERIM DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFICTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST. WHEREAS, the Monroe County Planning Commission, during a public hearing held on April 27, 2005, reviewed and considered the proposed Interim Development Ordinance; and WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS, the 2010 Comprehensive Plan, Goal 101 requires Monroe County to manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [9J-5.006(3)(b)1]; and WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys Planning Program as a planning program designed to address community needs while balancing the needs of all of Monroe County; and WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable Comml..miKeys program as outlined in the 2010 Plan Objective 101.20; and WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as identified in the Master Plan; and WHEREAS, GAL consultants completed an architectural survey of all unincorporated areas of MOlioe County and completed an evaluation of sites and structures for designation in the National Register of Historic Places and or Monroe County Landmarks; and WHEREAS, the survey identified fifty-three properties within the Tavernier Historic District as being eligible for national historic designation, eight of the identified properties are designated as MOlioe county landmarks and seventeen arc listed as Monroe County Historic Landmarks; and Page 1 of6 WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on the National Register of Historic Places; and WHEREAS, each individual historic site and or structure is important and together they contribute to making the Tavernier Historic District Overlay a significant county resource; and \VHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the designated Tavernier Historic District Overlay be consistent with design standards and in compliance with regulatory controls; and WHEREAS, historic architecture design standards and design guidelines for historic structures, contributing structures and non-contributing structures all together can suppOli, enhance and preserve the character of the historic district; and WHEREAS, Action Item 4,3.6 in the adopted Master Plan directs the County to enact a temporary moratorium on development within the Tavernier Historic District Overlay until the design standards are adopted or six months after the effective date of the Master Plan, whichever comes first; and WHEREAS, the County has committed necessary staff and resources to the development of the historic district design standards in order to facilitate diligent and good faith efforrs to establish policies and regulations within a reasonable period of time; and WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the Master Plan, voted to Contract with HDR Consultants to prepare the historic district design standards and implementation measures including Land Development Regulations at their meeting of January 19,2005; and WHEREAS, the utilization of the moratorium device as a temporary measure to facilitate government decision making, study and adoption of land development regulations is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and, WHEREAS, the County finds that it is necessary to enact an Interim Development Ordinance deferring the approval of development applications within the designated Tavernier Historic District Overlay so the County can prepare design guidelines; and, WHEREAS, the purpose this lnterim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting against imminent and immediate threat to the health, safety, and welfare of the citizens of Monroe County; and Page 2 of6 WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and WHEREAS, following the direction of the Board of County Commissioners in the adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff immediately undertook the development of this Interim Development Ordinance and began working with the consultants HDR, Inc on development of historic design standards for the Tavernier Historic Overlay District; and WHEREAS, the Planning Commission aiter hearing public comments and staff input, finds that the proposed Interim Development Ordinance is consistent with and furthers the goals and objectives of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 and the Monroe County Year 2010 Comprehensive Plan; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners of the following Interim Development Ordinance: Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this ordinance. Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. Citv of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations and design standards and guidelines become effective, whichever comes first. Section 3: During the period that this interim ordinance is in effect, no application for a building permit or development approval shall be granted for any new development, remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1). Section 4: The following are exempt from this ordinance: 1. Interior remodeling. 2. The Director of Planning may authorize the relocation of historic structures identified as a candidate for local historic designation by the Historic Preservation Commission. 3. Development under an approved conditional use permit, repair and/or approvals required for life/safety improvements. Page 301'6 4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based 011 the draft architectural design standards and design guidelines prepared for the county by HDR consultants. Section 5: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April 1, 2005, or later. Section 6: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt from this Interim Development Ordinance. Section 7: As of the effective date of the this ordinance, no application for a building permit or development approval meeting the criteria in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 9 hereof. Section 8: This Ordinance shall not be construed to prohibit application for, or the issuance of a building permit or development approval for any development or redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to the Monroe County Land Development Regulations and the 20 10 Plan. Section 9: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth Management, together with an administrative fee in the amount of $400, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Section 10: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text amendments and other supporting studies in cooperation with the Planning Commission to develop design standards and regulatory controls for development, remodeling or redevelopment within the designated Tavernier Historic District. Section 11: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of design standards and regulatory controls to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys and that address local Page 40f6 community needs while balancing the needs of all Monroe County Communities; 2) identification of regulatory amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 are properly implemented. Section 12: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 13: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 14: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested to review and approve it by immediate Final Order. S.120.569(2)(n), F.S. Section 15: 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 Administration Commission approving ordinance pursuant to Chapter 380, Florida Statutes. Section 16: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the Tavernier Creek Historic district, or six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set forth herein. -Remainder of the page left blank- Page 5 of6 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a regular meeting held on the 2ih day of April 2005. Chair Lynn C. Mapes Vice Chair Denise Werling Commissioner Jiulio Margalli Commissioner James C. Cameron Commissioner Randy Wall Yes Yes Yes No Absent PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this day of ,2005. Page 6 of 6 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D6-05 DRC RESOLUTION NO. D6-05 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE ADOPTION OF AN INTERIM DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPT ANCE OF DEVELOPMENT APPLICA nONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST. WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 20 1 0 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS, GAl consultants completed an architectural survey of all unincorporated areas of Monroe County and completed an evaluation of sites and structures for designation in the National Register of Historic Places and or Monroe County Landmarks; and WHEREAS, the survey identified fifty-three properties within the Tavernier Historic District as being eligible for national historic designation, eight of the identified properties are designated as Monroe county landmarks and seventeen are listed as Monroe County Historic Landmarks; and WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the designated Tavernier Historic District Overlay be consistent with design standards and in compliance with regulatory controls; and WHEREAS, historic architecture design standards and design guidelines for historic structures, contributing structures and non-contributing structures all together can support, enhance and preserve the character of the historic district; and Page I of5 WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a temporary moratorium on development within the Tavernier Historic District Overlay until the design standards are adopted or six months after the effective date of the Master Plan, whichever comes first; and WHEREAS, the County finds that it is necessary to enact an Interim Development Ordinance deferring the approval of development applications within the designated Tavernier Historic District Overlay so the County can prepare design guidelines; and WHEREAS, the purpose this Interim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting against imminent and immediate threat to the health, safety, and welfare of the citizens of Monroe County; and WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on March 24, 2005, conducted a review and consideration of the request filed by the Monroe County Planning Department to recommend approval to the Monroe County Planning Commission of the Interim Development Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission of the following as requested by the Monroe County Planning Department: Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this ordinance. Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations Page 2 of5 and design standards and guidelines become effective, whichever comes first. Section 3: During the period that this interim ordinance is in effect, no building permit or development approval shall be granted for any new development, remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1). Section 4: The following are exempt from this ordinance: I. Interior remodeling. 2. The relocation of historic structures designated by Monroe County or identified by "The Final Report Historic Architectural Survey of unincorporated Areas of MOlloe County Florida (2003)" prepared by GAI Consultants Inc. 3. The relocation of historic structures identified as a candidate for local historic designation by the Historic Preservation Commission. 4. Development tmder an approved conditional use permit, repair and/or approvals required for life/safety improvements. 5. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. Section 5: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no building permits or development approval shall be granted pursuant to an application or request with a submittal date of April!, 2005, or later. Section 6: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt from this Interim Development Ordinance. Section 7: As of the effective date of the this ordinance, no application for a building permit or development approval meeting the criteria in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 9 hereof. Section 8: This Ordinance shall not be construed to prohibit the issuance of a building permit or planning approval for any development or redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 9: Development development Any property owner adversely affected by the provisions of this Interim Ordinance may seek a determination that the owner's proposed or redevelopment is vested against the provisions of this Interim Page 3 of5 Development Ordinance, by filing with the Director of Growth Management, together with an administrative fee in the amount of $400, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Section 10: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text amendments and other supporting studies in cooperation with the Planning Commission to develop design standards and regulatory controls for development, remodeling or redevelopment within the designated Tavernier Historic District. Section 11: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of design standards and regulatory controls to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys and that address local commlmity needs while balancing the needs of all Monroe County Communities; 2) identification of regulatory amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 are properly implemented. Section 12: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 13: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 14: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 15: 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 Administration Commission approving ordinance pursuant to Chapter 380, Florida Statutes. Section 16: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the Tavernier Creek Historic district, or six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to lvlile Marker 97, whichever comes first, lmless repealed sooner or extended pursuant to the terms set forth herein. -Remainder of this page left blank- Page 4 of 5 PASSED AND ADOPTED By the Development Review committee of Monroe County, Florida at a regular meeting held on the 24 th day of March, 2005. Aref Joulani, Sf. Administrator, Development Review and Design YES David A Dacquisto, Director, Island Planning Team YES Elizabeth LaFleur, Director, Island Plmilling Team YES Thomas Williams, Planner YES Heather Beckmmill YES Department of Health (by fax) YES Department of Public Works (by fax) YES Department of Engineering (by fax) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA BY Aref Joulani, DRC Chair Signed this day of ,2005 Page 5 of 5 GROWTH MANAGEMENT DIVISION 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 >~(j:) (/~/ '-"\ ;"/ , \. H -...... .. f :.. '\ '-.. . -. _ !'.' ~ "':':__ ~ i~ ~~.-..__..- BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. Nelson, District 5 MEMORANDUM From: The Board of County Commissioners K. Marlene Conaway, Director, Planning and Environmental Resource~yV'Q To: Date: May 13, 2005 Subject: Agenda Item U-4 Editing Change: Interim Development Ordinances, Tavernier Historic District Overlay Summary A property owner may seek a determination that the owner's proposed development or redevelopment is vested against the provision of this Interim Development Ordinance (100) through an application for vested rights, setting forth facts establishing the applicant met prior, to a specific date, the vested rights standards of the Monroe county code. The date used to establish vesting in Section 9 of the 100, does not match the date in Section 5 of the 100 that halted the granting of approvals for building permit applications or planning approvals. Editing Change Change the date to be used to establish vested rights from "prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners", to, prior to April I, 2005. Section 9: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth management, together with an administrative fee in the amount of $400.00, a vested rights application setting forth facts establishing the applicant met, prior to #Ie date t.hat this Of{liflaRee is aeopted BY the Beare of Monree COl:udy Cemmissienefs April 1. 2005, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Staff Recommendation Staff recommends adoption of the amendment.