Item P3a � M. W = WR
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Meeting Date: Mgy 21, 2014 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person: Christine Hurley, 289-2517
AGENDA ITEM WORDING: A public hearing to adopt an ordinance by the Monroe County Board of County
Commissioners amending Policy 101.2.6 of the Monroe County Comprehensive Plan to extend the transient
ROGO allocation moratorium from May 1, 2014 to May 1, 2022 to coincide with the adoption of the next round
of EAR -related Comprehensive plan amendments and the Hurricane Evacuation Clearance Time Memorandum of
Understanding. (Legislative Proceeding)
ITEM BACKGOUND: In March 2013, the State Administration Commission, approved the recommendation to
allocate 10 years' worth of growth (197 x 10 = 1,970 permits) to Monroe County while maintaining an evacuation
clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels within
unincorporated Monroe County. With just 197 permits per year, it would take over 41 years' worth of annual
allocations (at the current rate of 197) to absorb these parcels. This may result in a balance of 6,198 privately held
vacant parcels at risk of not obtaining permits in the future.
Providing transient allocations would reduce the available allocations necessary to address the residential
allocation deficit. The proposed amendment includes amending Policy 101.2.6 to prohibit new transient
allocations until the next round of EAR -related amendments, which will be due on May 1, 2022. The proposed
extension of the transient unit moratorium provides the opportunity to use 2020 census data, when it becomes
available, to update and run the Florida Keys hurricane evacuation model as required by Rule 28-20.140, F.A.C.,
to reevaluate whether Monroe County has met its obligation to maintain the 24-hour evacuation clearance time.
Amendments are being proposed and processed as the existing prohibition for transient units in Policy 101.2.6
expires on May 1, 2014 and the comprehensive plan amendment process is lengthy.
On April 25, 2014, the Florida Department of Economic Opportunity issued its Objections, Recommendations, and
Comments (ORC) report. The ORC report states that the Department does not identify any objections or comments
to the proposed amendment.
PREVIOUS RELEVANT COMMISSION ACTION: On December 14, 2011, the BOCC adopted Ordinance
No. 024-2011, which amended Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan to extend the
existing transient unit moratorium until May 1, 2014 to coincide with the State schedule for the evaluation and
appraisal of the comprehensive plan.
On January 31, 2014, the BOCC adopted Resolution No.021-2014, transmitting the proposed amendment to the
State Land Planning Agency.
WO)" 119-T4W1z-X"ii3AUV"�1 196100 1
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes — No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney x5(d,-0;OMB /Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MO CIE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. - 214
12
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14 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
15 COUNTY COMMISSIONERSAMENDING POLICY 101.2.6 OF
16 THE MONROE COUNTY YEAR2010 i E SI PLAN
17 EXTENDING THE MORATORIUM ONTRANSIENT UNIT
18 ALLOCATIONS,; PROVIDING FOR SE E ILIT ;
19 PROVIDING FOR THE REPEAL OF INCONSISTENT
20 PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE
21 FLORIDA IAA STATE LAND II PLANNING AGENCY; PROVIDING
22 FOR THE FILING O IT THE SECRETARY OF STATE AND
23 FOR AN EFFECTIVE ATE; AND PROVIDING FOR THE
24 INCLUSION IN THE MONROE COUNTY 201
25 COMPREHENSIVE PLAN.
26
27
2
29 WHEREAS, Pursuant to DCA yule J-144022, F'.A. ., January 4, 1 ;Rule 2 -
30 20-100 F.A.C. Part 1, January 2, 1996 and Part II, July 17, 1997, Policy 101.2.6 was
31 adopted which stated: By .January 4, 1996, Monroe County shall Prot Land
32 Development Regulations which prohibit new transient residential omits including hotel
3 or motel rooms, campground un spaces, or spaces for parking a recreational ration l vehicle or
34 travel trailer until December 31, 2001, Monroe County shall either extend this
5 prohibition until December 2006 or revise the Permit Allocation System to allocate
36 percentage of residential growth to transient unite and
37
38 WHEREAS, the Board of County Commissioners at a special public hearing on
39 July 13, 2009, adopted Ordinance No. 03 - 009 to amend Policy 101.2.E of the Monroe
40 County 2010 Comprehensive Plan, to extend the existing transient unit moratorium until
41 July 31, 2010$ and
42
43 WHEREAS, during the review of the 2010 transient use amendment, the Florida
44 Department of Economic Opportunity ity (DEO) in its Objections, Recommendations and
45 Comments ( P. ) Report 0 -10 ORD, dated September 20 2010, recommended that the
46 transient use moratoriumbe continued until the adoption of Evaluation and Appraisal
47 Report (EAR.) -related amendments;
1
2 WHEREAS, the Board of County Commissioners at a special public hearing on
3 December 14, 2011, adopted Ordinance No. 024-2011 to amend Policy 10 1.2.6 of the
4 Monroe County 2010 Comprehensive Plan, to extend the existing transient allocation
5 moratorium until May 1, 2014; and
6
7 WHEREAS, the schedule set by Florida Department of Economic Opportunity
8 (DECK) established a new Evaluation and Appraisal Report (EAR) schedule, Rule 73C-
9 49.002, F.A.C., which assigned a Monroe County EAR due date of May 1, 2014; and
10
11 WHEREAS, the Board of County Commissioners, at a special public meeting on
12 May 22, 2012, made a motion not to include any changes to the transient it moratorium
13 as part of the adopted 2012 EAR; and
14
15 WHEREAS, Section 163,3191(1), F.S. requires the local government to evaluate
16 its comprehensive plan to determine if plan amendments are necessary to reflect changes
17 in state requirements every seven years, therefore the next Monroe County EAR would
18 be due on May 1, 202 1; and
19
20 WHEREAS, Section 163.3191(2), F.S. requires the transmission of EAR -related
21 amendments within one year following the EAR due date, which would be May 21, 2022;
22 and
23 WHEREAS, in March 2013, the State Administration Commission, approved the
24 recommendation to allocate 10 years' worth of growth to Monroe County while
25 maintaining an evacuation clearance time of 24 hours, through the year 2023; and
26
27 WHEREAS, the proposed extension of the transient unit moratorium provides
28 the opportunity to use 2020 census data, when it becomes available, to update and run the
29 Florida Keys hurricane evacuation model as required by Rule 28-20.140, F.A.C., to
30 reevaluate whether Monroe County has met its obligation to maintain the 24-hour
31 evacuation clearance time, which includes transient units.
M
33 WHEREAS, On April 25, 2014, the Florida Department of Economic Opportunity
34 issued its Objections, Recommendations, and Comments (ORC) report. The OR C report
35 states that the Department does not identify any objections or comments to the proposed
36 amendment.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT-
40
41 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows:
42 deletions are stsieken4hreugh and additions are underlined.)
43
44 Policy 101.2.6: Monroe County shall prohibit new transient Fesislential-anits-,-ineluding
45 allocations for hotel or motel rooms, campground spaces, or spaces for parking a
46 recreational vehicle or travel trailer until May 1, 204-421
Z�
1
2 Section 2. Severain i . If any section, subsection, sentence, clause, item, change,
3 or provision of this ordinance is held invalid, the remainder of this ordinance shall not be
4 affected by such validity.
5
6 Section 3. Rental of Inconsistent Provisions. All ordinances or parts of
7 ordinances in conflict with this ordinance are hereby repealed to the extent of said
8 conflict.
9
10 Section 4. Transmittal. This ordinance shall be transmitted by the Planning
11 Department to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
12 Florida Statutes.
13
14 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office
15 of the Secretary of State of Florida, but shall not become effective until a notice is issued
16 by the Florida State Land Planning Agency or Administration Commission finding the
17 amendment in compliance, and if challenged until such challenge is resolved pursuant to
18 Chapter 120, F.S.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
21 Florida, at a regular meeting held on the day of _, 2014.
22
23 Mayor Sylvia Murphy
24 Mayor Pro Tern Danny Kothage
25 Commissioner Heather Carruthers
26 Commissioner George Neugent
27 Commissioner David Rice
28
29 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
30 BY
31 Mayor Sylvia Murphy
IN
33 (SEAL)
34 ATTEST: Amy Heavilin, Clerk
In
36 Deputy Clerk
37 MONROE COUNTY ATTORNEY
38 P ROVED 111 Tp TO FORM:
39 t
ME
STE104
ASSISTA WILLIA
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mom
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5 MEMORANDUM
6 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
7 We strive to be caring, professional andfair
8
9 To: Monroe County Board of County Commissioners
10
11 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
12
13 Date. April 25, 2014
14
15 Subject: Amendment of Monroe County Comprehensive Plan Policy 101.2.6 Regarding
16 Extending the Moratorium of Transient ROGO Allocations
17
18 Meeting: May 21, 2014
19
20 I. REQUEST
21
22 Amend Policy 101.2.6 of the Monroe County Comprehensive Plan to extend the transient ROOD
23 allocation moratorium from May 1, 2014 to May 1, 2022 to coincide with the adoption of the next round
24 of EAR -related amendments (schedule set by Florida Department of Economic Opportunity (DEO) in
25 Rule 73C-49.002, F.A.C.].
26
27
28 IL BACKGROUND INFORMATION
29
30 Relevant Actions:
31 During the review of the 2010 amendment to extend the transient allocation moratorium, the Florida
32 Department of Economic Opportunity (DEO) in its Objections, Recommendations and Comments
33 (ORC) Report, 02-10 ORC, dated September 20, 2010, recommended that the transient use moratorium
34 be continued until the adoption of Evaluation and Appraisal Report (EAR) -related amendments. The
35 new EAR schedule, released in 2011, amended Monroe County's EAR due date to May 1, 2014. EAR-
3 6 related amendments are required to be adopted within one year of the EAR-
37
38 The Board of County Commissioners (BOCC) at a public hearing on December 14, 2011, adopted
39 Ordinance No. 024-2011, which amended Policy 101.2.6 of the Monroe County 2010 Comprehensive
40 Plan to extend the existing transient it moratorium until May 1, 2014 to coincide with the State
41 schedule for the evaluation and appraisal of the comprehensive plan.
42
43 Policy 101.2.6 of the Monroe County Comprehensive Plan currently states:
44
45 Monroe County shall prohibit new transient residential units including hotel or motel
46 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer
47 until May 1, 2014.
File 9 2013-086 Page I of 9
48
49 Chapter 163, F.S. requires a local government to evaluate its comprehensive plan every seven years and
50 encourages local government to regularly update its comprehensive plam Monroe County has recently
51 updated the Technical Document of the Monroe County Comprehensive Plan and adopted an Evaluation
52 and Appraisal Report (EAR) on May 22, 2012 (Resolution No, 150-2012) based upon the updated
53 Technical Document (which serves as the data and analysis for EAR -based comprehensive plan
54 amendments).
55
56 As part of the 2010 Comprehensive Plan Update, the firm of Fishkind and Associates (Fishkind)
57 prepared a document titled "Economic Trends & Opportunities in Unincorporated Monroe County"
58 which is Appendix 4 of the Monroe County Comprehensive Plan EAR. Section 3.1.3 Effects of the Hotel
59 Moratorium on Tourism in Unincorporated at County states:
60
61 At present there is a Monroe County ordinance and Comprehensive Plan policy effective
62 in the unincorporated area which prohibits any new hotel development throughout the
63 unincorporated keys. This ordinance precludes all new hotel roonsionit development, The
64 development prohibition is in place due to the county designation as an area of critical
65 state concern MCSQ, Under the ACSC designation hotel rooms are considered
66 residential units and therefore would require allocation from OGO, further reducing
67 available increments of new housing supply under ROGO, In the past there has been a
68 policy recommendation suggesting annual hotel occupancy must exceed 90% in order for
69 new hotels to be warranted There are no historic records which indicate hotel
70 occupancy has ever exceeded 90% on an annual basis. Further, generally accepted
71 standard operating hotelfinancial performance norms indicate hotel operations are at a
72 financial breakeven point near 65%. It is for these reasons that in unrestricted markets,
73 there are usually few new hotels built when the annual occupancy is consistently below
74 65% but, when annual occupancy is consistently above 65yc the market typically
75 responds by adding new hotel rooms until annual occupancy falls back to approximately
76 65116. Throughout the hotel industry, occupancy runs between 63% and 73% on an
77 annual basis, under normal market conditions.
78
79 During the development of the EAR, Keith & Schnars prepared several alternative strategies to address
80 the transient use moratorium (See Exhibit 1). A special BOCC meeting was held on March 19, 2012, to
81 review the draft EAR. Following the Keith & Schnars' presentation, Board discussion and public
82 comment, the BOCC made a motion to not include any of the proposed transient use alternative
83 strategies within the EAR (See Exhibit 2 excerpt of minutes with presentation slides).
84
85 New Issues.
86 Monroe County is located entirely within the Florida Key Area of Critical State Concern. The Governor
87 and Cabinet, sitting as the State Administration Commission, annually reviews the Monroe County
88 Work Program as specified within Rule 28-20. 140, F.A.C. One of the mandates is to maintain a 24-hour
89 evacuation level of service standard. Following the review of the progress toward completing the Work
90 Program, the Florida Administration Commission maintains or reduces the annual allocation of is
91 allowed under the Rate of Growth Ordinance (ROGO) permit system.
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File 9 2013-086 Page 2 of 9
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The Florida Department of Economic Opportunity (DEO) administers the Area of Critical State Concern
program and provides recommendations to the Administration Cornmission on the number of ROGO
allocations based upon results of hurricane evacuation time modeling and progress on work program
tasks.
In March 2013, the State Administration Commission, approved the recommendation to allocate 10
years' worth of growth (197 x 10 = 1,970 permits) to Monroe County while maintaining an evacuation
clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels
within unincorporated Monroe County. With just 197 permits per year, it would take over 41 years'
worth of annual allocations (at the current rate of 197) to absorb these parcels. This may result in a
balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
NUMBER OF YEARSTO THEORETI;CAL
TIE R
d
r
VACANT ALLOCATE MAXIMUM
[7DENSITY**
PARCELS PERMITS
No Tier (ORC�A, �etc
235 766;
Tier 1
3,979 4,806
Tier 11
393 590
Tier III -A
260 553
Tier 111
3,301 5,048
TOTAL
8,168*
TOTAL
1,970
ALLOCATIONS
POTENTIAL
6,198*
LIABILITY
*Assumes one (1) unit perparcel and does not take into account additional density potential,
* * Theoretical density analysis is based on acreage multiplied by the maximum allocated residential density
for each FLU M category,
This data is providedfor illustrative purposes only,- conditions specific to the
individualparcel, including physical size, environmental sensitivity, zoning and tier designation and other
regulatory constraints, such as ROGO are the final determinant of development potential.
Providing transient allocations would reduce the available allocations necessary to address the
residential allocation deficit. Staff is consequently recommending that Policy 101.2.6 be amended to
prohibit new transient allocations until the next round of EAR -related amendments, which will be due
on May 1, 2022. The proposed extension of the transient it moratorium provides the opportunity to
use 2020 census data, when it becomes available, to update and run the Florida Keys hurricane
evacuation model as required by Rule 28-20.140, F.A.C., to reevaluate whether Monroe County has met
its obligation to maintain the 24-hour evacuation clearance time. Amendments are being proposed and
currently processed as the existing prohibition for transient its in Policy 101.2.6 expires in May 1,
2014 and the comprehensive plan amendment process is lengthy.
On August 27, 2013, the Monroe County Development Review Committee reviewed the proposed
amendment and recommended approval to the Monroe County Planning Commission.
On September 25, 2013, the Monroe County Planning Commission voted 4-1 to recommend approval of
the staff recommendation to the Board of County Commissioners.
File 4 2013-086 Page 3 of 9
130 ORC Report
131
132 On April 25, 2014, the Florida Department of Economic Opportunity issued its Objections,
133 Recommendations, and Comments (ORC) report (attached as Exhibit 7). The ORC report states that the
134 Department does not identify any objections or comments to the proposed amendment.
135
136 111. PROPOSED AMENDMENT
137
138 Policy 101.2.6:
139
140 Monroe County shall prohibit new transient Fesideritial-urahu melasap� allocations for hotel or motel
141 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 1,
142 204-422.
143
144 IV. AMENDMENT REVIEW
145
146 Existing Transient Uses
147
148 The Monroe County Tourist Development Council (TDC) obtains its lodging counts from the Florida
149 Department of Business & Professional Regulation (DBPR) license database, According to the TDC, in
150 2012 there were 10,376 actively licensed hotels, motels, B&Bs and condo hotels in Monroe County (See
151 Exhibit 3). The TDC also indicated that there are 2,542 Campground/RV park units (See Exhibit 4) for a
152 total of 12,918 transient accommodations in Monroe County. [The Hurricane Memorandum of
153 Understanding (MOU), approved in Resolution 226-2012, includes 13,665 tourist units, based on the
154 DBPR March, 2010 license file database as a model assumption, See Exhibit 5.
155
156 tel Occupancy Rates
157
158 Occupancy rates are a travel industry standard for assessing the ability of available beds to meet existing
159 and anticipated demands. The Monroe County Tourist Development Council (TDC) maintains a
160 database for occupancy rates which is prepared by Smith Travel Research. Between 2008 and 2012, the
161 average annual county -wide occupancy rate for Monroe County has varied from 67.5% (2008) to 75.9%
162 (2012) (See Exhibit 6).
163
164 Monroe County has contracted with the firm Keith & Schnars to prepare an update of the Monroe
165 County Comprehensive Plan and Evaluation and Appraisal Report (EAR). As part of this process, Keith
166 & Sonnets together with Fishkind and Associates, prepared an economic base analysis with updated
167 economic and population projections, titled "Economic Trends A, Opportunities in Unincorporated
168 Monroe County", which evaluated the need for expanding Monroe County's tourist based economy.
169 This document serves as the data and analysis for future amendments.
170
171 The economic study determined that when annual occupancy is consistently above 65%, the market
172 typically responds by adding new hotel rooms until annual occupancy falls back to approximately 65%.
173 Occupancy data provided by the Tourist Development Council indicates that although the occupancy
174 rate can be as high as 90% during peak season, holidays, or special events, the average annual
175 occupancy rate for 2012 was 75,9%. This indicates that there may be a need to expand the available
176 amount of transient its in Monroe County; however, at its special meeting of March 19, 2012, the
File 4 2013-086 Page 4 of 9
177 Board of County Coninfissioners questioned the validity of the 65% transient unit need threshold and
178 moved to not include any proposed changes to the current transient moritorium. policy in the EAR.
179
180 Hurricane Evacuation
181
182 Policy 216.1.8 of the Monroe County 2010 Comprehensive Plan states:
183
184 Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of
185 non-residents, visitors, recreational vehicles (RVs), travel trailers, live- aboar ds
186 (transient and non -transient) and military personnelfirors the Keys shall be initiated
187
188 The occupants of transient uses evacuate ahead of the permanent resident population who require
189 evacuation 24 hours prior to landfall of a major hurricane. The proposed amendment would therefore not
190 impact the County's adopted hurricane evacuation clearance time standard. As noted above, CEO
191 completed hurricane evacuation modeling tasks, and based on their results, recommended 1970
192 allocations for the next ten years (2023) while maintaining an evacuation clearance time of 24 hours.
193
194 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
195 THE KEY LARGO COMMUNIKEYS PLAN, THE FLORIDA STATUTES, AND
196 PRINCIPLES FOR GUIDING DEVELOPMENT
197
198 A. The proposed amendment is generally consistent with the following Goals, Objectives and
199 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, it furthers:
200
201 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
202 safety of County residents and visitors, and protect valuable natural resources.
203
204 Objective 101.4: Monroe County shall regulate future development and redevelopment to
205 maintain the character of the community and protect the natural resources by providing for the
206 compatible distribution of land uses consistent with the designations shown on the Future Land
207 Use Map.
208
209 Objective 101.2: Monroe County shall reduce hurricane evacuation clearance times to 24 hours
210 by the year 2010.
211
212 Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO Exemption
213 (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms,
214 camphislund/recreational vehicle spaces and/or mobile homes to another site in the same ROGO
215 sub -area, provided that they are lawfully existing and can be accounted for in the County's
216 hurricane evacuation model. In addition, the receiver site shall be located within a Tier III area
217 outside a designated Special Protection Area and for a receiver site on Big Pine Key and No
218 Name Key, the sending site shall also be located on one of those two islands.
219
220 Objective 101.11: Monroe County shall implement measures to direct future growth away from
221 environmentally sensitive land and towards established development areas served by existing
222 public facilities.
223
File # 2013-086 Page 5 of 9
224 Objective 216.1: Monroe County shall reduce hurricane evacuation clearance time to 24 hours
225 by the year 2010.
226
227 Policy 216.1.1- Within one year of the effective date of this plan, Monroe County shall adopt
228 Land Development Regulations which establish a Permit Allocation System for new residential
229 development. The Permit Allocation System shall limit the number of its issued for new
230 residential development to be consistent with the Future Land Use Element in order to maintain
231 hurricane evacuation clearance times at a maximum of 24 hours.
232
233 B. The proposed amendment is consistent with the Principles for Guiding Development for the
234 Florida Keys Area, Section 380.0552(7), Florida Statutes.
235
236 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
237 with the principles for guiding development and any amendments to the principles, the principles
238 shall be construed as a whole and no specific provision shall be construed or applied in isolation
239 fro m the other provisions.
240
241 (a) Strengthening local government capabilities for managing land use and development so that
242 local government is able to achieve these objectives without continuing the area of critical
243 state concern designation.
244 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
245 seagrass beds, wetlands, fish and wildlife, and their habitat.
246 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
247 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
248 beaches, wildlife, and their habitat.
249 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
250 economic development. the Florida
251 (a) Limiting the adverse impacts of development on the quality of water throughout
252 Keys.
253 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
254 environment, and ensuring that development is compatible with the unique historic character
255 of the Florida Keys.
256 (g) Protecting the historical heritage of the Florida Keys.
257 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
258 proposed major public investments, including:
259
260 1 . The Florida Keys Aqueduct and water supply facilities;
261 2. Sewage collection, treatment, and disposal facilities;
262 3. Solid to treatment, collection, and disposal facilities;
263 4. Key West Naval Air Station and other military facilities;
264 5. Transportation facilities;
265 6. Federal parks, wildlife refuges, and marine sanctuaries;
266 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
267 properties;
268 & City electric service and the Florida Keys Electric Co-op; and
269 9. Other utilities, as appropriate.
270
File 4 2013-086 Page 6 of 9
271 (i) Protecting and improving water quality by providing for the construction, operation,
272 maintenance, and replacement of stormwater management facilities; central sewage
273 collection; treatment and disposal facilities; and the installation and proper operation and
274 maintenance of onsite sewage treatment and disposal systems.
275 0) Ensuring the improvement of nearch ore water quality by requiring the construction and
276 operation of wastewater management facilities that meet the requirements of ss.
277 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to are served by
278 central wastewater treatment facilities through permit allocation systems.
279 (k) Limiting the adverse impacts of public investments on the environmental resources of the
280 Florida Keys.
281 (1) Making available adequate affordable housing for all sectors of the population of the Florida
282 Keys.
283 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
284 a natural or maninade disaster and for a postdisaster reconstruction plan.
285 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
286 maintaining the Florida Keys as a unique Florida resource.
287
288 Pursuant to Section 380,0552(7) Florida Statutes, the proposed amendment is consistent with the
289 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
290
291 C. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes (F.S.).
292 Specifically, the amendment furthers:
293
294 1633161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
295 and enhance present advantages; encourage the most appropriate use of land, water, and
296 resources, consistent with the public interest; overcome present handicaps; and deal
297 effectively with future problems that may result from the use and development of land within
298 their jurisdictions. Through the process of comprehensive planning, it is intended that is
299 of local goveriogent can preserve, promote, protect, and improve the public health, safety,
300 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
301 general welfare; facilitate the adequate and efficient provision of transportation, water,
302 sewerage, schools, parks, recreational facilities, housing, and other requirements and
303 services; and conserve, develop, utilize, and protect natural resources within their
304 jurisdictions
305
306 163.3177(1), F.S. -The comprehensive plan shall provide the principles, guidelines, standards,
307 and strategies for the orderly and balanced future economic, social, physical, environmental,
308 and fiscal development of the area that reflects community commitments to implement the
309 plan and its elements. These principles and strategies shall guide future decisions in a
310 consistent manner and shall contain programs and activities to ensure comprehensive plans
311 are implemented. The sections of the comprehensive plan containing the principles and
312 strategies, generally provided as goals, objectives, and policies, shall describe how the local
313 government's programs, activities, and land development regulations will be initiated,
314 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
315 the intent of this part to require the inclusion of implementing regulations in the
316 comprehensive plan but rather to require identification of those programs, activities, and land
317 development regulations that will be part of the strategy for implementing the comprehensive
318 plan and the principles that describe how the programs, activities, and land development
File # 2013-086 Page 7 of 4
319 regulations will be carried out. The plan shall establish meaningful and predictable standards
320 for the use and development of land and provide meaningful guidelines for the content of
321 more detailed land development and use regulations.
322
323 163.3191, F.S. Evaluation and appraisal of comprehensive plan.
324 (1) At least once every 7 years, each local government shall evaluate its comprehensive
325 plan to determine if plan amendments are necessary to reflect changes in state requirements
326 in this part since the last update of the comprehensive plan, and notify the state land planning
327 agency as to its determination.
328 (2) If the local government determines amendments to its comprehensive plan are
329 necessary to reflect changes in state requirements, the local government shall prepare and
330 transmit within I year such plan amendment or amendments for review pursuant to a.
331 163.3184.
332 (3) Local governments are encouraged to comprehensively evaluate and, as necessary,
333 update comprehensive plans to reflect changes in local conditions. Plan amendments
334 transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4).
335 (4) If a local government fails to submit its letter prescribed by subsection (1) or update its
336 plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it
337 complies with this section.
338 (5) The state land planning agency may not adopt rules to implement this section, other
339 than procedural rules or a schedule indicating when local governments must comply with the
340 requirements of this section.
341
342 VL PROCESS
343
344 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
345 Planning Commission, the Director of Planning, or the owner or other person having a contractual
346 interest in property to be affected by a proposed amendment, The Director of Planning shall review
347 and process applications as they are received and pass them onto the Development Review
348 Committee and the Planning Commission.
349
350 The Planning Commission shall hold at least one public hearing. The Planning Commission shah
351 review the application, the reports and recommendations of the Department of Planning &
352 Environmental Resources and the Development Review Committee and the testimony given at the
353 public hearing. The Planning Commission shall submit its recommendations and findings to the
354 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
355 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
356 recommendation, and the testimony given at the public hearing. The BOCK may or may not
357 recommend transmittal to the State Land Planning Agency. If the amendment is transmitted to State
358 Land Planning Agency, it then reviews the proposal and issues an Objections, Recommendations
359 and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt
360 the amendments, adopt the amendments with changes or not adopt the amendment.
361
362 CH. STAFF RECOMMENDATION
363
364 Staff recommends approval.
365
366
File # 2013-086 Page 8 of 9
367 VIII. EXHIBITS
368
369
1. Draft EAR Transient Use Strategies. October, 2011
370
2. 3 -19-2012 BOCC Minutes
371
3. Count of Lodging Units
372
4. List of RV/Campground Units
373
5, Hurricane Evacuation Model MOU Transient Units
374
6. Hotel Occupancy Report
375
T ORC Report
File # 2013-086 Page 9 of 9
Monroe Countyen plan Update
Evaluation and p ep
Consider Hotel Unit Development Options:
a. As noted earlier, hotel unit development is also under the residential ROGO
constraint. To the degree that hotel and tourist evacuations begin 48 hours prior to
general evacuations (with a 6 hour overlap with general evacuations), hotels and
tourists do not appear to currently pose a hurricane evacuation bottleneck. To the
degree new hotel units should be encouraged, along with off season occupancy
support policy, and to the degree the number of hotel rooms and tourists are
declining, hotels are recommended to be removed from the residential ROGO
constraint and be allowed to develop or redevelop as market forces dictate. This
would allow successful properties unimpeded opportunity to improve and support
the tourist industry throughout the Keys.
b. N there is no competition with allocations within Tier III designated parcels,
consider allowing the remaining allocations in a subarea to be provided for
hoteltmotel development.
c. The County could consider giving a percentage of the annual allocation for
transient unit development.
d. The County could consider giving a percentage of the annual allocation based
upon occupancy rates of transient units (for example 5% at 55% occupancy, 10%
and 60% occupancy, 15% and 65% occupancy, and 20% at 70% or greater
occupancy).
• For policy considerations, how the County counts rooms versus units may provide
some additional flexibility with inspect to hoteltmotel redevelopment
opportunities. For example, hotel suites with more rooms per "unit" may allow
existing hotels to add capacity without triggering other evacuation constraints on
new development -this policy direction should be evaluated.
The Remainder e u ,y Left Blank
Chapter : Major t Evaluation and Appraisal Report
October 2011 Keithd Sensors, PA
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Monday, March 19,2012
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Governizaaft Center. Present and answering to mil call
wen Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent, Comrnumoner Kim Wigington and Mayor David P. Rice. Also present at the meeting
were Roman Gaston, County Atimmistrator, Debbie Frederick, Assistant County Aduthustrator,
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk of Courts; County Stafy, members
of the press and radio, and the general public.
ADDMONS, CORREOPIONEt DELETIONS
item B I The Board del eW from the agenda discussion and approval of an Ordinance to be
submitted to the Florida Fish and Wildlife Conservation Commission (FWC), in association with
the FWC Pilot Program on anchoring and mooring and in partnership with the Cities of
Marathon and Key West� 1) designating managed anchoring zones in specific geographic
locations in Keys'waters (Sunset Cove, Boca China basin, Cow Key Channel, and Key West
harbor) within which regulations are implemented (requirement of a USCG Auxiliary Vissed
Safety Check (VSC) inspection, proof of purnpout and prohibition of floating structures), and 2)
creating no -anchoring buffer zones adjacent to the public mooring fields in Key West and
Marathon.
It 1 ie Love, AICK, Molest Manager and Dawn C. Sonnebron, AIR, Director of
Planning with the firm Keith and Schnars, P.A. (K.&S), who were hired to update the Monroe
County Year 2010 Technical Document, presented the second portion of the Evaluation and
AppraisalKeport (BAR) of the Monroe County Year 2010 Comprehensive Plan.
Christine Hurley, Growth Management Director and nostreem of her Staff were
present throughout the day during the presentation. Mark Rosch, Executive Director of the Land
Authority was also present. The following public speakers addresed the Board numerous times
throughout the day. Captain Ed Davidson, Chairman Enteritas of the Florida Audubon Society
and Chairman of the Florida For Citizens Coalition; Alicia Putney, representing herself andIbe
Solar Conununity of No Name Key; Dome Moses, Ron Miller. Deb Curllw% Ann Morkill
representing the United States Fish & Wildlife Commission; and Ron Domes, representing the
Key Wes Naval Air Station.
A Power Point Presentation entitled Evaluation and Appraisal Report Overvirw,
dated March 19, 2012, consisting of 182 slides was discussed with the following action taken:
Motion was made by Commissioner Murphy and seconded by Cornmissioner
Nougent to approve Slide 55 - Chapter 4-. Major Issucs. Issue Statement: Promote economic
sustainability, in a manner consistent with envirommadal stewardship, with a special focus upon
existing businesses. Stragogiew
a Designate economic business locations (Community Contend on the Future
Land Use Map (FLUM) and define how to encourage;
a Consider adding an Economic Sustainability Element, with an emphasis on
radevelopmenL
Motion carried unwbmottsly�
Motion was made by Commissioner Murphy and seconded by Commissioner
Noun to approve Slide 56 - Chapter 4: Major Issues. Is Statement: Promote economic
sustainability, in a manner consistent with mrsironmental stewardship, with a special focus upon
existing businesses. Strategies:
Consider better alignment(consintency between LCPs and existing policies or
new Economic Sustainability Element Any changes to the LCPs must be
approved by the stakeholders.
Motion carried unanimously.
Motion war. made by Cornmissioner Carruthers and seconded by Commissioner
Neugent to approve Slide 57 - Chapter 4: War Issues. Issue Statement: Promote economic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strarelper.
Encourage and ink entivize green building in redevelopment and green lodging
cerfification for botall rodol facilities. Consider extending green building
incentives into ROGO and NROGO. Consider focusing on roderadopment.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Wigimpon to delete Slide 58 - Chapter 4: Major Issues. Issue Statement: Promote memornic
sustainability, in a manner consistent with environmental stewardship, with a special focus upon
existing businesses. Strategies:
HQWLW-Idj-o-qrilm
Support MC Office of Eco-Tourism; however would like to hear from TDC.
Facilitate communication and organization.
interface with environmental groups.
Markeung efforts to know on aiss-tourism, reef preservation and promotion of
national wildlife Forks and resseves.
Motion carried unonfircrusly.
Motion was made by Commissioner Carmthers, and seconded by Cormnissioner
Murphy to approve Slide 59, as amended - Chapter 4: Major Woes. Issue Statement: Promote
economic suctainability, in a manner consistent with environmental stewardship, with a special
focus upon existing businesses. Strategies:
H—ovLaadjaidam
Consider Hotel/Motal, Unit Development Options:
In Remove from residential FOOD evader;
a GOMPWWYI-m
e if no competition for allocations within Tier 111desigaided parcelshr
W&yrmg, remaining allocations h2misKI in a sub -area to be pooled
and used for hotel development; Explore with extensive public input
.Action carried unammously.
The Bond discussed S tide 60 - Chapter 4: Major Issues. Issue StMement'
Promote economic sustainability, in a manner consistent with environmental stewardship, with a
special them upon existing businesses. Slamegics:
Consider Hotel/Motel Unit Development Options (Ovet'd): Ok; wait until the
build -out threshold is determined before specifically allocating temadi is
or allowing suites and then get public inpuL
• Set aside a flat % ofall ° for arinsient units.
• Set aside a% of allocations based upon hotelies atel occupancy, or
• Allow existing hotels to add suites with more rooms per "unit".
After consideration, motion was made by Commissioner Murphy ancis rid by
Commissioner to delete from consideration Slides 39 and 60. Motion carried unanimously.
The Board discussed Slide 61 - Chapter 4: Major Issues. Issue Starovient:
Promote economic sustaissibility, in a manner consistent with enpiental stewardship, with a
special focus upon existing businesses. Strat*cs:
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Exhibit 7
Rick Scoft
GOVERNOR Jesse Penuccio
DE4 EXECUTIVE DIRECTOR
FLORIDA DEPARTMEND-of
ECONOMIC OPPORTUNITY
The HonorableSylvia Murphy, Mayor
Monroe County Board of County Commissioners
Murray Nelson Center
102050 Overseas Highway, Suite 234
Key Largo, FL 33037
Dear Mayor Murphy.
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 14-1 ACSC) which wa's
received and determined complete on February 24, 2014. We have reviewed the proposed
amendment in accordance with the state coordinated review process set forth in Sections
163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part 11, F.S, The
Department does not identify any objections or comments to the proposed amendment and
this letter serves as the Objections, Recommendations and Comments Report, Review
comments received by the Department from the &DIrtronriatp
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment, Also, please note that Section 163,3184(4)(e)l, F.S., provides that if the
second public hearing is not held and the amendment adopted within 180 days of your receipt
of the Department of Economic Opportunity report, the amendment shall be deemed
withdrawn unless extended by agreement with notice to the Department of Economic
Opportunity and any affected party that provided comment on the amendment. For your
assistance, we have enclosed the procedures for final adoption and transmittal of the
comprehensive plan amendment,
Flor-da Department of Economic Opporlunity The Caldwell Budding 107 E Madison Street Tallahassee, FIL 32399-4120
86&,FLA,2345 850145.7105 850 921 3223 Fax yaq �Porj a�io� r MOOX.cdjLg�
IF � as0whioisc �COMJ �QE
The Honorable Sylvia Murphy, Mayor
April 25, 2014
Page 2 of 2
If you have any questions related to this review, please contact Barbara Powell, at (850)
717-8504,car by email at Barbara.powell@deo.myflorida.com.
Sincerely,
Ana Richmond
Community Planning Manager
2M
cc® Christine Hurley, Growth Management Director
Mr. James F. Murley, Executive Director, South Florida Regional Planning Council