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Item E15M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting September 27, 2017 Agenda Item Number: E.15 Agenda Item Summary #3419 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: A resolution by the Monroe County Board of County Commissioners allowing the placement of temporary emergency housing at mobile home parks for the temporary occupancy by residents displaced by Hurricane Irma, pursuant to the Planning Director and Building Official approving the locations for the temporary housing, commencing September 5, 2017, for a duration of up to 180 -days, pursuant to Section 103 -1(b) of the Monroe County Land Development Code. ITEM BACKGROUND: The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property. During the initial recovery phase, Monroe County shall allow the placement of temporary emergency housing for temporary occupancy by residents displaced by Hurricane Irma, pursuant to the Planning Director and Building Official Approving the locations for the temporary housing, commencing September 5, 2017, for a duration of up to 180 -days. The County has experienced significant damage to homes, particularly mobile home structures, and must utilize available locations to provide secure temporary housing for the disaster recovery of the community; and mobile home parks provide larger areas with utility hook -ups to place FEMA manufactured housing units and travel trailers. The allowance of temporary emergency housing on mobile home parka will provide for expedient action in order to protect the health, safety and welfare of the community. PREVIOUS RELEVANT BOCC ACTION: 10a CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 180day Reso_ temporary emergency housing mobile home parks 180day Reso_ temporary emergency housing mobile home parks STAMPED FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 09/20/2017 1:53 PM Steve Williams Completed Jaclyn Carnago Skipped Christine Hurley Skipped Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Skipped 09/20/2017 2:34 PM Skipped 09/21/2017 9:27 AM 09/21/2017 12:26 PM 09/21/2017 12:26 PM 09/20/2017 12:15 PM 09/20/2017 12:15 PM 09/21/2017 1:53 PM Kathy Peters Completed 09/21/2017 1:54 PM Board of County Commissioners Pending 09/27/2017 4:00 PM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2017 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY EMERGENCY HOUSING AT MOBILE HOME PARKS FOR THE TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR AND BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE TEMPORARY HOUSING, COMMENCING SEPTEMBER 5, 2017, FOR A DURATION OF UP TO 180 -DAYS, PURSUANT TO SECTION 103 -1(b) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners is the legislative body of Monroe County, Florida; and WHEREAS, the Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and WHEREAS, the Monroe County Mayor issued another declaration a State of Local Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which caused damage to residences, businesses and infrastructure throughout the County; and WHEREAS, pursuant to Section 103 -1(b) of the Monroe County Land Development Code, it is the purpose of this section to provide regulations that allow for the relaxation of the use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy by residents displaced by natural or manmade disaster damage ... ; and 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, pursuant to Section 103 -1(a), temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such RVs (or other approved sheltering units) are provided to residents or relief workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that term is defined in F. S. § 320.01; and WHEREAS, pursuant to Section 103 -1(c), temporary emergency housing may be placed on a single- family parcel for temporary occupancy by residents of the same parcel who have been displaced by natural or manmade disaster damage; and WHEREAS, the County has experienced significant damage to homes, particularly mobile home structures, and must utilize available locations to provide secure temporary housing for the disaster recovery of the community; and WHEREAS, mobile home parks and RV parks provide larger areas with utility hook -ups to place FEMA manufactured housing units and travel trailers; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided for temporary occupancy by residents displaced by Hurricane Irma at mobile home parks and Rv parks, subject to the following conditions: (1) Temporary emergency housing is authorized for up to 180 -days on mobile home park sites, beginning on September 5, 2017, and ending on March 4, 2018; (2) The Planning Director and Building Official shall have the authority to approve the locations of the temporary housing on mobile home parks; (3) Placement of temporary emergency housing must not impede or interfere with other emergency and recovery operations or public safety; (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official); (5) A no -fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, consistent with condition (1) above, and a Department of Health permit authorizing the connection of the unit(s) 2of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 to an on -site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system; (6) The temporary emergency housing unit(s) may remain on the site for a period not to exceed 180 -days, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this resolution should it be deemed required for the public safety; (7) The placement and use of temporary emergency housing unit(s) on mobile home parks as housing assistance due to Hurricane Irma does not create a ROGO exemption nor recognize nonconforming uses. Nonconforming uses damaged or destroyed so as to require substantial improvement, shall be repaired or restored only for uses that conform to the provisions of the land use (zoning) district in which it is located; (8) Pursuant to Section 103 -1(h), no clearing or filling of environmentally sensitive lands may occur as a result of providing any type of temporary housing unit(s); and (9) Pursuant to Section 103 -1(i), for all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the day of , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I: Mayor George Neugent (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK 3 of 3 E.15,b 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4Q i- c' ° 4 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2017 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY EMERGENCY HOUSING AT MOBILE HOME PARKS FOR THE TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR AND BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE TEMPORARY HOUSING, COMMENCING SEPTEMBER 5, 2017, FOR A DURATION OF UP TO 180 -DAYS, PURSUANT TO SECTION 103 -1(b) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners is the legislative body of Monroe County, Florida; and WHEREAS, the Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and WHEREAS, the Monroe County Mayor issued another declaration a State of Local Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which caused damage to residences, businesses and infrastructure throughout the County; and WHEREAS, pursuant to Section 103 -1(b) of the Monroe County Land Development Code, it is the purpose of this section to provide regulations that allow for the relaxation of the use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy by residents displaced by natural or manmade disaster damage...; and 1 of 3 I WHEREAS, pursuant to Section 103 -1(a), temporary emergency housing means 2 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in 3 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 4 storms, where such RVs (or other approved sheltering units) are provided to residents or relief 5 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that 6 term is defined in F.S. § 320.01; and 7 8 WHEREAS, pursuant to Section 103 4(c), temporary emergency housing may be placed 9 on a single - family parcel for temporary occupancy by residents of the same parcel who have 10 been displaced by natural or manmade disaster damage; and 11 12 WHEREAS, the County has experienced significant damage to homes, particularly 13 mobile home structures, and must utilize available locations to provide secure temporary housing 14 for the disaster recovery of the community; and 15 16 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook -ups 17 to place FEMA manufactured housing units and travel trailers; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 21 22 Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, 23 Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided 24 for temporary occupancy by residents displaced by Hurricane Irma at mobile home parks and RV 25 parks, subject to the following conditions: 26 27 (1) Temporary emergency housing is authorized for up to 180 -days on mobile home 28 park sites, beginning on September 5, 2017, and ending on March 4, 2018; 29 30 (2) The Planning Director and Building Official shall have the authority to approve the 31 locations of the temporary housing on mobile home parks; 32 33 (3) Placement of temporary emergency housing must not impede or interfere with other 34 emergency and recovery operations or public safety; 35 36 (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary 37 electrical and sewage lines do not constitute an attractive nuisance to children or 38 homeless persons in the area (i.e., sufficient temporary fencing may be required by 39 the Building Official); 40 41 (5) A no -fee building permit must be issued for the placement of the temporary 42 emergency housing unit(s). The building permit shall require approval by the 43 Building Official and the Planning Director of a site plan indicating the location of 44 the temporary emergency housing unit(s) on the parcel, consistent with condition (1) 45 above, and a Department of Health permit authorizing the connection of the unit(s) 2of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 to an on -site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system; (6) The temporary emergency housing unit(s) may remain on the site for a period not to exceed 180 -days, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this resolution should it be deemed required for the public safety; (7) The placement and use of temporary emergency housing unit(s) on mobile home parks as housing assistance due to Hurricane Irma does not create a ROGO exemption nor recognize nonconforming uses. Nonconforming uses damaged or destroyed so as to require substantial improvement, shall be repaired or restored only for uses that conform to the provisions of the land use (zoning) district in which it is located; (8) Pursuant to Section 103 -1(h), no clearing or filling of environmentally sensitive lands may occur as a result of providing any type of temporary housing unit(s); and (9) Pursuant to Section 103 -1(i), for all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the day of , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny Koihage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor George Neugent ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK MONROE COUNTY l?N��tNEY R A FORM: _ZE .� sTFFT.R� . EVIL DAMS ASSISTANT C LAN ATTORNEY Dntf a 3of3