Item I3County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: I.3
Agenda Item Summary #4664
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
No
AGENDA ITEM WORDING: Discussion and direction regarding the initiative by the State of
Florida Administrative Commission to be administered through the Department of Economic
Opportunity (DEO) for the Keys Workforce Housing Initiative to allow up to 1300 additional
affordable housing allocations (up to 300 for unincorporated Monroe County) in Rate of Growth
Ordinance Allocations (ROGO) for rental workforce housing, with a condition that developments
that receive these ROGO allocations have a rental management agreement in place that requires
rental occupants to evacuate in the early phase (48 hours in advance of tropical storm winds reaching
the shore of the Florida Keys) of a hurricane evacuation. Currently transient units (hotels) and
mobile home occupants are required to evacuate in the early phase of evacuation.
ITEM BACKGROUND: On May 2, 2018, Governor Rick Scott issued a press release outlining an
initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
Housing Initiative. The proposed initiative would allow 1,300 additional Rate of Growth Ordinance
(ROGO) allocations throughout the Florida Keys (ROGOs or Building Permit Allocation Systems)
for rental workforce housing, with a condition that the rental occupants evacuate in the early phase
(48-hour window) of a hurricane evacuation. Any development receiving the units would be
required to sign a rental management agreement indicating they would be required to assure the
evacuation of all occupants of the development. Under the initiative, each jurisdiction would be
eligible to receive up to 300 of these units. The BOCC only has permitting authority and jurisdiction
over the unincorporated areas of the County so its decision is limited to up to 300 allocations for
those areas.
On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the
Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the
initiative will work with DEO to amend their respective comprehensive plans to allow for additional
building permits for rental workforce housing with the condition of early evacuation.
DEO has provided County staff with preliminary draft language based on the minimum requirements
established in the initiative to use as a starting point. The County should consider the language
provided and make modifications as necessary to ensure the Workforce Housing Initiative is locally
driven.
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, private application, or the owner or other person
having a contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation, Planning
Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
the proposed amendment based on one or more of the factors established in LDC Section 102-
158(d)(7).
The Florida Keys Area Protection Act requires that amendments to each local government's
comprehensive plan to include "goals, objectives, and policies to protect public safety and welfare in
the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent
residents of no more than 24 hours." F.S. 380.0552(9)(a)2. In order to achieve this hurricane
evacuation clearance time, the State Administration Commission modified the County's
comprehensive plan, via administrative rule, to set an annual cap on ROGO allocations at 197 (71 of
which must be used for affordable housing). F.A.C. 28-20.140(2)(b). Individual cities also received
allocations.
PREVIOUS RELEVANT BOCC ACTION:
Mayor Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At
the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns
identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018.
On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC
meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends the BOCC provide direction to staff regarding
processing necessary text amendments to the Comprehensive Plan and Land Development Code to
implement the Workforce Housing Initiative.
If the BOCC directs staff to process the necessary text amendments, Staff further recommends
limiting the use of the proposed Workforce Housing Initiative allocations until: (1) after all existing
remaining allocations (market -rate and affordable) are exhausted and (2) to resolve pending
administrative relief applications.
DOCUMENTATION:
Exhibit 1 Gov.Scott Press Release
FS 380.0552 Florida Keys Area Protection Act 24 hour evacuation time
FAC 28-20.140 Work Plan ROGO allocations
GOAL_215
2017 Annual Keys Report
3.1 FUTURE —LAND —USE (1)
Resolution 226-2012 Hurricane MOU Reso
DEO_DRAFT _Language_WORKFORCE-AFFORDABLE
6-13-2018 Admin Comm Agenda and Transcript
Letter to_DEO_06.06.18_FINAL_signed
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:
REVIEWED BY:
If yes, amount:
Emily Schemper
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Bob Shillinger
Completed
Assistant County Administrator Christine
Hurley
09/04/2018 3:05 PM
Kathy Peters
Completed
Board of County Commissioners
Pending
09/04/2018 12:42 PM
09/04/2018 10:36 AM
09/04/2018 10:36 AM
09/04/2018 1:21 PM
Completed
09/04/2018 3:58 PM
09/19/2018 9:00 AM
FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2, 2018 (850)717-9282
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Gov. Scott Directs DEO to Enhance Workforce Housing in the
Florida Keys
TALLAHASSEE, Fla. — Governor Scott today directed the Department of Economic Opportunity
(DEO) to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to
recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed
much of the housing that served the workforce population and the proposed Keys Workforce
Housing Initiative will allow local governments to grant additional building permits for rental
properties. This initiative will be presented to the Florida Cabinet at the next meeting.
Governor Scott said, "Hurricane Irma left a devastating impact on our state, especially in the Florida
Keys and since the storm we have been working hard to rebuild even stronger than before. For
business owners across the Keys, the availability of affordable workforce housing has been a
challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will
provide much -needed access to workforce housing, allowing businesses the opportunity to grow
while providing a plan to ensure Keys residents can evacuate safely before a storm."
DEO is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State law requires that growth be limited in the
Keys to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. 'I";:
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The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida
Keys. Local goverr"Irnents that choose to p arfi6p ate it° the w:� work with F to al=nend their
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Cissy Proctor, Executive Director of DEO, said, "As I have toured the damage from Hurricane Irma,
the number one priority of business and community leaders is the need for more workforce housing
We are proud to provide an option to local governments that will help businesses have the talent
they need to remain in the Keys and grow their companies. This solution will not only provide
workforce housing for private -sector businesses but public servants, like law enforcement and
teachers, as well. Our agency is committed to working with our partners in the Keys to provide ample
workforce housing without compromising the safety of Floridians. We appreciate our partners at the
Florida Division of Emergency Management for working with us to make sure Keys residents are still
able to safely evacuate."
Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the
Florida Keys to a critical state, decimating an already strained stock of housing for our workforce. I
have discussed this concern with Governor Scott and the Department of Economic Opportunity
(DEO) both in Tallahassee and during the Governor's many visits to the Keys as he's lead us
through our recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a
creative solution to the most pressing recovery challenge still facing the Florida Keys and I
encourage all Cabinet members to support this proposal."
Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary
goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative
ensures the safety of tourists and residents of the Keys during major storms, while allowing critical
economic development activities to continue. We appreciate DEO's partnership in this endeavor."
West's F.S.A. § 380.0552
380.0552. Florida Keys Area; protection and designation as area of critical state concern
Effective: July 1, 2016
Currentness
(1) Short title. --This section may be cited as the "Florida Keys Area Protection Act."
(2) Legislative intent. --It is the intent of the Legislature to:
(a) Establish a land use management system that protects the natural environment of the Florida Keys.
(b) Establish a land use management system that conserves and promotes the community character of the Florida
Keys.
(c) Establish a land use management system that promotes orderly and balanced growth in accordance with the
capacity of available and planned public facilities and services.
(d) Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e) Establish a land use management system that promotes and supports a diverse and sound economic base.
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real property.
(g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land
use activities in the Florida Keys.
(h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the
Florida Keys.
(i) Protect and improve the nearshore water quality of the Florida Keys through federal, state, and local funding of
water quality improvement projects, including the construction and operation of wastewater management facilities
that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable.
0) Ensure that the population of the Florida Keys can be safely evacuated.
(3) Ratification of designation. --The designation of the Florida Keys Area as an area of critical state concern, the boundaries
of which are described in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, is hereby
ratified.
(4) Removal of designation. —
(a) The designation of the Florida Keys Area as an area of critical state concern under this section may be
recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the work
program tasks specified in rules of the Administration Commission.
(b) Beginning November 30, 2010, the state land planning agency shall annually submit a written report to the
Administration Commission describing the progress of the Florida Keys Area toward completing the work program
tasks specified in commission rules. The land planning agency shall recommend removing the Florida Keys Area
from being designated as an area of critical state concern to the commission if it determines that:
1. All of the work program tasks have been completed, including construction of, operation of, and
connection to central wastewater management facilities pursuant to s. 403.086(10) and upgrade of onsite
sewage treatment and disposal systems pursuant to s. 381.0065(4)(1);
2. All local comprehensive plans and land development regulations and the administration of such plans
and regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in
subsection (2), and are consistent with and further the principles guiding development; and
3. A local government has adopted a resolution at a public hearing recommending the removal of the
designation.
(c) After receipt of the state land planning agency report and recommendation, the Administration Commission shall
determine whether the requirements have been fulfilled and may remove the designation of the Florida Keys as an
area of critical state concern. If the commission removes the designation, it shall initiate rulemaking to repeal any
rules relating to such designation within 60 days. If, after receipt of the state land planning agency's report and
recommendation, the commission finds that the requirements for recommending removal of designation have not
been met, the commission shall provide a written report to the local governments within 30 days after making such a
finding detailing the tasks that must be completed by the local government.
(d) The Administration Commission's determination concerning the removal of the designation of the Florida Keys
as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall be conducted by
the Division of Administrative Hearings and must be initiated within 30 days after the commission issues its
determination.
(e) After removal of the designation of the Florida Keys as an area of critical state concern, the state land planning
agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive plans,
which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28-29, Florida
Administrative Code, as of January 1, 2006, for compliance as defined in s. 163.3184. All procedures and penalties
described in s. 163.3184 apply to the review conducted pursuant to this paragraph.
(f) The Administration Commission may adopt rules or revise existing rules as necessary to administer this
subsection.
(5) Application of this chapter. --Section 380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply to the area designated
by this section for so long as the designation remains in effect. Except as otherwise provided in this section, s. 380.045 shall
not apply to the area designated by this section. All other provisions of this chapter shall apply, including s. 380.07.
(6) Resource planning and management committee. --The Governor, acting as the chief planning officer of the state, shall
appoint a resource planning and management committee for the Florida Keys Area with the membership as specified in s.
380.045(2). Meetings shall be called as needed by the chair or on the demand of three or more members of the committee.
The committee shall:
(a) Serve as a liaison between the state and local governments within Monroe County
(b) Develop, with local government officials in the Florida Keys Area, recommendations to the state land planning
agency as to the sufficiency of the Florida Keys Area's comprehensive plan and land development regulations.
(c) Recommend to the state land planning agency changes to state and regional plans and regulatory programs
affecting the Florida Keys Area.
(d) Assist units of local government within the Florida Keys Area in carrying out the planning functions and other
responsibilities required by this section.
(e) Review, at a minimum, all reports and other materials provided to it by the state land planning agency or other
governmental agencies.
(7) Principles for guiding development. --State, regional, and local agencies and units of government in the Florida Keys
Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for
guiding development as specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984,
which is adopted and incorporated herein by reference. For the purposes of reviewing the consistency of the adopted plan, or
any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the
principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other
provisions. However, the principles for guiding development are repealed 18 months from July 1, 1986. After repeal, any
plan amendments must be consistent with the following principles:
(a) Strengthening local government capabilities for managing land use and development so that local government is
able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands,
fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for
example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring
that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; the
installation and proper operation and maintenance of onsite sewage treatment and disposal systems; and other water
quality and water supply projects, including direct and indirect potable reuse.
0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater
management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
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(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida
Keys as a unique Florida resource.
(8) Comprehensive plan elements and land development regulations. --The comprehensive plan elements and land
development regulations approved pursuant to s. 380.05(6), (8), and (14) shall be the comprehensive plan elements and land
development regulations for the Florida Keys Area.
(9) Modification to plans and regulations. --
(a) Any land development regulation or element of a local comprehensive plan in the Florida Keys Area may be
enacted, amended, or rescinded by a local government, but the enactment, amendment, or rescission becomes
effective only upon approval by the state land planning agency. The state land planning agency shall review the
proposed change to determine if it is in compliance with the principles for guiding development specified in chapter
27F-8, Florida Administrative Code, as amended effective August 23, 1984, and must approve or reject the
requested changes within 60 days after receipt. Amendments to local comprehensive plans in the Florida Keys
Area must also be reviewed for compliance with the following:
1. Construction schedules and detailed capital financing plans for wastewater management improvements
in the annually adopted capital improvements element, and standards for the construction of wastewater
treatment and disposal facilities or collection systems that meet or exceed the criteria in s. 403.086(10) for
wastewater treatment and disposal facilities or s. 381.0065(4)(1) for onsite sewage treatment and disposal
systems.
2. Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by
maintaining a hurricane evacuation clearance time for permanent residents of no more than 24
hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
conducted in accordance with a professionally accepted methodology and approved by the state land
planning agency.
(b) The state land planning agency, after consulting with the appropriate local government, may, no more than once
per year, recommend to the Administration Commission the enactment, amendment, or rescission of a land
development regulation or element of a local comprehensive plan. Within 45 days following the receipt of such
recommendation, the commission shall reject the recommendation, or accept it with or without modification and
adopt it by rule, including any changes. Such local development regulation or plan must be in compliance with the
principles for guiding development.
Credits
Laws 1979, c. 79-73, § 6; Laws 1986, c. 86-170, § 4; Laws 1989, c. 89-342, § 1; Laws 1995, c. 95-148, § 641. Amended by
Laws 2006, c. 2006-223, § 3, eff. July 1, 2006; Laws 2010, c. 2010-205, § 34, eff. July 1, 2010; Laws 2011, c. 2011-4, § 26,
eff. July 6, 2011; Laws 2016, c. 2016-225, § 7, eff. July 1, 2016.
Notes of Decisions (1)
West's F. S. A. § 380.0552, FL ST § 380.0552
Current with chapters from the 2018 Second Regular Session of the 25th Legislature in effect through May 10, 2018
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West's Florida Administrative Code
Title 28. Administration Commission
Subtitle 28. Model Rules of Procedure
Chapter 28-20. Land Planning Regulations for the Florida Keys Area of Critical State Concern - Monroe
Count
Part II
Rule 28-20.140, F.A.C.
Fla. Admin. Code r. 28-20.140
28-20.140. Comprehensive Plan.
Currentness
(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to
read as follows:
(2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The
Permit Allocation System shall supersede Policy 101.2.1.
(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not
exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each
year's ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in
perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be
retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year.
Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will
roll over to affordable housing. A ROGO year means the twelve-month period beginning on July 13.
(c) This allocation represents the total number of allocations for development that may be issued during a ROGO
year. No exemptions or increases in the number of allocations may be allowed, other than that which may be
expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005,
for affordable housing between the Department and the local government in the critical areas.
(d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served
or that would be served by a central sewer system by December 2015 that has committed or planned funding.
Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element
approved by the Department of Community Affairs. Prior to the ranking and approval of awards for an allocation
authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater
facility provider and shall increase an applicant's score by four points for parcels served by a collection line within a
central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the
treatment standards of Section 403.086(10), F.S., and where treatment capacity is available. The points shall only be
awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of
the wastewater treatment facility.
(3) Reporting and Oversight.
(a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to
the Administration Commission documenting the degree to which the work program objectives for the work program
year have been achieved. The Commission shall consider the findings and recommendations provided in those reports
and shall determine whether progress has been achieved. If the Commission determines that progress has not been made,
the unit cap for residential development shall be reduced by 20 percent for the following ROGO year.
(b) If the Commission determines that progress has been made for the work program year, then the Commission may
restore the unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO
y ear.
(c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where
conflicts exist.
(d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 351.0065(4) and
403.O86(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental
Protection or the Department of Health to enforce Sections 351.0065(4) and 403.O86(10), F.S.
(4) Policy 216.1.19. Hurricane Modeling. For the purposes of hurricane evacuation clearance time modeling purposes,
clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for
permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The
termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation
1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps
and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review
Committee with the adjusted Tier boundaries.
2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect
the criteria for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying
Capacity Study, utilizing the updated habitat data, and based upon the recommendations of the Tier Designation
Review Committee Work Group.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule
25-20.110, F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt
conservation planning mapping into the Comprehensive Plan.
4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps)
into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee
Work Group.
5. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and
establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines.
6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review
Committee to consist of representatives selected by the Florida Department of Community Affairs from Monroe
County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of
Environmental Protection and environmental and other relevant interests. This Committee shall be tasked with the
responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to
recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study.
These proposed amendments shall be recommended during 2009 and subsequently coincide with the Evaluation and
Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows the adoption of
the revised Tier System and Maps as required above adopted in 2011. Each evaluation and appraisal report submitted
following the 2011 evaluation and appraisal report shall also include an analysis and recommendations based upon the
process described above.
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7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a
report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to
purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit
allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds
and assessment of fund balances within those sources available to the County and the Monroe County Land
Authority.
8. By July 1, 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief in
the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition
areas or Tier I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has
been determined the parcel will not be purchased by any county, state, federal or any private entity. The County shall
develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative
relief requests at least 6 months prior to the deadline for administrative relief.
9. By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a
Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable
density/intensity.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding
opportunities and apply annually to at least one state or federal land acquisition grant program.
11. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of
Community Affairs, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and
Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of
understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and
assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other
models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida
Keys.
12. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from
the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area
of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the
Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the
Department of Community Affairs and each municipality in the Keys.
13. By July 1, 2012, the County and the Department of Community Affairs shall update the data for the Florida Keys
Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census,
American Communities Survey, Bureau of Economic and Business Research, and other studies). The County shall
also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and
Appraisal Report.
14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and
determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will
recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of
allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify
alternative evacuation strategies that support the 24 hour evacuation clearance time. If necessary, the Department of
Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised
allocation rates and distributions or propose rule making to the Administration Commission.
15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to
amend the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the
Administration Commission.
(b) Wastewater Implementation
1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation.
Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the
Comprehensive Plan.
2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems
throughout the County and the Department of Health (DOH) and the Department of Environmental Protection
(DEP) to fulfill the requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(1), F.S., regarding
implementation of wastewater treatment and disposal. This will include coordination of actions with DOH and DEP
to notify owners regarding systems that will not meet the 2015 treatment and disposal standards.
3. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of S50 million of the
S200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for
those bonds, for the construction of wastewater projects within the Florida Keys.
4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and
establish the County's annual funding allocations necessary to provide evidence of unmet funding needs to support
the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as
necessary to fulfill any terms and conditions associated with bonds.
5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities
and apply annually to at least one state or federal grant program for wastewater projects and connections.
6. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund
wastewater construction and future operation, maintenance and replacement of facilities.
7. By December 1, 2013, the County shall provide a report of addresses and the property appraiser's parcel numbers
of any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to
the Monroe County Health Department, Department of Environmental Protection, and the Department of
Community Affairs. This report shall describe the status of the County's enforcement action.
(c) Wastewater Project Implementation.
1. Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for
wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a. By July 1, 2012, Monroe County shall complete construction of the South Transmission Line;
b. By July 1, 2013, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J, and K;
c. By July 1, 2012, Monroe County shall complete construction of Collection basins E-H;
d. By December 1, 2011, Monroe County shall schedule construction of Collection basins I-K;
e. By July 1, 2011, Monroe County shall complete construction of Collection basins I-K;
f. By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP;
g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP-
It. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional
WWTP.
2. Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility.
a. By July 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion,
transmission, and collection system;
b. By July 1, 2013, Monroe County shall complete construction of Duck Key collection system;
c. By July 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP;
d. By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Cay WWTP;
�. r .'
e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk's Cay WWTP; and
f. By July 1, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP
3. South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System).
a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and
b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys
WWTP.
4. Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional
Wastewater Treatment Facility, the Central Area (Cudjoe, Summerland, Upper Sugarloaf) collection
system and the Central Area Transmission Main;
b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility,
Central Area Collection System and Central Area Transmission Main;
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central
Area Collection System and Central Area Transmission Main;
d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area
Collection System and Transmission Main;
e. By February 1, 2015, Monroe County shall complete construction of Outer Area collection and
transmission main;
f. By July 1, 2014, Monroe County shall initiate property connections - complete 25% of hook-ups to
Cudjoe Regional WWTP;
g. By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and
It. By December 1, 2015, Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d) Stormwater Treatment Facilities.
1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe
County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive
Plan.
2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management
District.
3. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements.
Credits
Adopted June 17, 2011.
Authority: 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS.
Current with amendments available through April 23, 2018.
Rule 28-20.140, F.A.C., 28 FL ADC 28-20.140
r ` 201 u 1 homsm7 Rcmtei ; No claim to oi7gTi7z I 1 i,S, (u)CVTItiT1c 111 Works
Monroe County Comprehensive Plan
GOAL 215
Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication
capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms.
[F.S. § 163.3178(2)(d)]
Objective 215.1
Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours. [F.S. §
163.3178(2)(d)]
Policy 215.1.1
Monroe County shall continue to work cooperatively with the municipalities and DEO to
complete the tasks within Rule 28-20.140 F.A.C, related to hurricane evacuation modeling. [F.S.
§ 163.3178(2)(d)]
Policy 215.1.2
During a hurricane evacuation, Monroe County shall designate US 1 and Card Sound Road as
evacuation routes as directed by the Department of Emergency Management. [F.S. §
163.3178(2)(d)]
Policy 215.1.3
Monroe County shall annually identify and establish staffing and equipment need priorities
which are directly related to increasing efficiency during hurricane evacuation, including, but not
limited to, communication systems, emergency coordination personnel, public education
personnel, and development review personnel. Opportunities for fulfilling the deficiencies with
reliable interagency support shall be identified and interlocal agreements initiated. [F.S. §
163.3178(2)(d)]
Policy 215.1.4
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.
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:
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 of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
1�
d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
106.5 and MM 1-9.5 of CR 905)
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 data from
actual evacuation events and increases, decreases and or shifts in population; particularly the
resident and non-resident populations. [F.S. § 163.3178(2)(d)]
This Policy shall not increase the number of allocations to more than 197 residential units a
year, except for affordable housing. Any increase in the number of allocations shall be for
affordable housing only.
Policy 215.1.5
In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan,
special needs populations shall be identified by the Monroe County Department of Emergency
Management. Monroe County shall implement the procedures contained in the Plan for the safe
evacuation of these populations. [F.S. § 163.3178(2)(d)]
Policy 215.1.6
Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall
adopt land development regulations which require that all new and redeveloped marinas
provide a hurricane contingency plan for review and approval before permits can be issued.
[F.S. § 163.3178(2)(d)]
Policy 215.1.7
Monroe County shall establish separate dedicated funds to accommodate future technological
advances in hurricane analyses and communication systems for the Emergency Management
and Emergency Communications Department. [F.S. § 163.3178(2)(d)]
Policy 215.1.8
During a hurricane evacuation, Monroe County shall implement the procedures contained in the
Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal
bridge openings including coordination with the U. S. Coast Guard and Florida Department of
Transportation. [F.S. § 163.3178(2)(d)]
Policy 215.1.9
Monroe County shall maintain a Post -Disaster Recovery Plan which will include a structured
procedure aimed at debris removal preparedness during hurricane evacuation and re-entry LO
(See Objective 216.2 and related policies). [F.S. § 163.3178(2)(d)]
J
Policy 215.1.10.
LD
Monroe County shall coordinate with the Florida Department of Transportation (FDOT) to u
ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation
clearance time at 24 hours are completed. [F.S. § 163.3178(2)(d)]
u
Policy 215.1.11
Monroe County shall continue to evaluate programs to reduce the number of evacuating
vehicles including, but not limited to programs to encourage ride -sharing and transit usage and,
consistent with applicable law, evacuating vehicle registration requirements. [F.S. §
163.3178(2)(d)]
Policy 215.1.12
Reduced evacuation clearance times which may result from adjustments to evacuation model
variables, programs to reduce the number of evacuating vehicles or increased roadway facility
capacity, shall not be used to increase development expectations beyond the growth allocations
provided herein, except to the extent that a hurricane evacuation clearance time of 24 hours can
be maintained. Any necessary reduction in hurricane clearance times shall be accomplished by
a plan amendment within 180 days of the re -assessment.
Policy 215.1.13
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time
shall begin when the Monroe County Emergency Management Coordinator issues the
evacuation order for permanent residents for a hurricane that is classified as a Category 3-5
wind event or Category C-E surge event. The termination point shall be U.S. Highway One and
the Florida Turnpike in Homestead/Florida City. (Rule 28-20.140 5/1/2011)
Objective 215.2
Monroe County shall continue to address existing and projected shelter deficiencies for Category 1
and 2 storms. [F.S. § 163.3178(2)(d)]
Policy 215.2.1
Monroe County shall monitor the need for in -county shelters on an annual basis. [F.S. §
163.3178(2)(d)]
Policy 215.2.2
Monroe County shall coordinate with State and Federal agencies to evaluate the potential
establishment of a dedicated Category 5 Emergency Operations Center.
Objective 215.3
Monroe County shall continue to seek to provide additional shelter spaces outside Monroe County
for all county residents who will require shelter from a Category 3 or greater hurricane. [F.S. §
163.3178(2)(d)]
Policy 215.3.1
Monroe County shall continue to coordinate with the Florida Division of Emergency
Management, the South Florida Regional Planning Council, Miami -Dade County, the Red Cross LO
and other appropriate agencies to identify sufficient approved shelter spaces (including pet -
friendly shelter space) outside of Monroe County for all county residents who will require shelter
from a Category 3 or greater hurricane. Priority consideration shall be given to expansion of the
currently designated shelter at Florida International University in order to consolidate Monroe LD
County shelter spaces in one location. [F.S. § 163.3178(2)(d)]
Policy 215.3.2
u
Monroe County shall maintain an intergovernmental agreement with Miami -Dade County and
other appropriate agencies (e.g., Board of Regents, American Red Cross) in an attempt to
provide sufficient approved spaces outside of Monroe County for all county residents who will
seek shelter from a Category 3 or greater hurricane. (See Policy 1301.7.4) [F.S. §
163.3178(2)(d)]
1�
Monroe County Comprehensive Plan
3.1 - FUTURE LAND USE
GOAL 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
Objective 101.1
Monroe County shall ensure that all development and redevelopment taking place within its
boundaries does not result in a reduction of the level -of -service requirements established and
adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive plan
amendments include an analysis of the availability of facilities and services or demonstrate that the
adopted levels of service can be reasonably met. [F.S. § 163.3177; F.S. § 163.3180]
Policy 101.1.1
Monroe County shall maintain level of service (LOS) standards for the following public facility
types required by Chapter 163, F.S.: sanitary sewer, solid waste, drainage, and potable water.
Additionally the County shall maintain LOS for roads, and parks and recreation. The LOS
standards are established in the following sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1 and 301.1.2;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space Policy
1201.1.1.
Policy 101.1.2
Monroe County shall maintain land development regulations which provide a Concurrency
Management System (See Capital Improvements Policy 1401.4.5).
Policy 101.1.3
Facilities for potable water, sanitary sewer, solid waste and drainage shall be in place and
available to serve new development no later than the issuance of the certificate of occupancy or
its functional equivalent. If facility improvements are needed to ensure that the adopted level -of -
service standards are achieved and maintained, prior to commencement of construction, a
developer is required to enter into a binding and legally enforceable commitment to the County
to assure construction or improvement of the facility. [F.S. § 163.3180]
Policy 101.1.4
Parks and recreation facilities to serve new development shall be in place or under actual
construction no later than one (1) year after issuance by the County of a building permit. The
acreage (land) for such facilities shall be dedicated or be acquired by the County prior to
issuance of a building permit, or funds in the amount of the developer's fair share shall be
committed no later than the County's approval to commence construction. If park and recreation
facility improvements are needed to ensure that the adopted level -of -service standards are
achieved and maintained, prior to commencement of construction, the developer is required to
enter into a binding and legally enforceable commitment to the County to assure construction of
the facilities.
Policy 101.1.5
Transportation facilities needed to serve new development shall be in place when the impacts of
the development occur. If transportation facilities are needed to ensure that the adopted level -
of -service standards are achieved and maintained, prior to commencement of construction, a
developer is required to enter into a binding and legally enforceable commitment to the County
to assure construction or improvement of proportionate share of required improvements, or to
assure the provision of the proportionate share contribution of the costs for the necessary
transportation facilities. The development of a single family residential unit shall be considered
de minimis and shall not be subject to this requirement.
Policy 101.1.6
Prior to the approval of a building permit, Monroe County shall consult with the Florida Keys
Aqueduct Authority (FKAA) to determine whether adequate water supplies to serve the new
development will be available no later than the anticipated date of issuance by the County of a
certificate of occupancy or its functional equivalent
Objective 101.2
As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a
maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land
Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted
between the County and all the municipalities and the State agencies.
Policy 101.2.1
Monroe County shall maintain a memorandum of understanding with the State Land Planning
Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
variables and assumptions, including regional considerations, for utilizing the Florida Division of
Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
Model to accurately depict evacuation clearance times for the population of the Florida Keys.
Policy 101.2.2
Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and
Division of Emergency Management to update the variables and assumptions for the
evacuation clearance time modeling and analyses of the build -out capacity of the Florida Keys
Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
to the 2012 completed hurricane evacuation clearance time modeling by the State Land
Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years'
worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-
20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24
hours. The County will adopt a slower rate of annual allocations for market rate development to
extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see
Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1)
statutory changes for hurricane evacuation clearance time requirement standards; 2) new
hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency
Management; and 3) a new or revised memorandum of understanding with the State Land
Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
Colony Beach and Layton (see Policy 101.2.1).
Policy 101.2.3
The County will consider capital improvements based upon the need for improved hurricane
evacuation clearance times. The County will coordinate with the FDOT, the state agency which
maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized.
Policy 101.2.4
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 (RVs), travel trailers, live -aboard vessels
(transient and non -transient), and military personnel from the Florida 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 of 7-mile Bridge (MM 6-40)
c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
106.5 and MM 1-9.5 of CR 905)
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; particularly the resident and non-resident populations.
For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
allocations to more than 197 residential units a year, except for affordable housing. Any
increase in the number of allocations shall be for affordable housing.
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying capacity of
the natural and man-made systems and the growth capacity while maintaining a maximum hurricane
evacuation clearance time of 24 hours.
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential development
known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
System shall limit the number of permits issued for new residential dwelling units. The ROGO
allocation system shall apply within the unincorporated area of the county, excluding areas
within the county mainland and within the Ocean Reef planned development (Future
development in the Ocean Reef planned development is based upon the December 2010
Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department
of Community Affairs). New residential dwelling units included in the ROGO allocation system
include the following: affordable housing units; market rate dwelling units; mobile homes; and
institutional residential units (except hospital rooms).
Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
model. Under no circumstances shall a vessel, including live -aboard vessels, or associated wet
slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
associated wet slips are not considered ROGO allocation awards, and may not be used as the
basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption).
ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
and seasonal residential units are subject to Policy 101.3.5.
Policy 101.3.2
The number of permits issued for residential dwelling units under the Rate of Growth Ordinance
shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through
July 12, 2023, plus any available unused ROGO allocations from a previous ROGO year. A
ROGO year means the twelve-month period beginning on July 13. Market rate allocations shall
not to exceed 126 residential units per year. Unused allocations for market rate shall be
available for Administrative Relief.
In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
completed the hurricane evacuation clearance time modeling task and found that with 10 years'
worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time.
This creates challenges for State of Florida and Monroe County as there are 8,168 privately
owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III -A (SPA); 3,301 Tier III, and 235 No
tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately
held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility
that the inventory of vacant parcels exceeds the total number of allocations which the State will
allow the County to award, the County will consider adopting an extended timeframe for
distribution of the ROGO allocations through 2033 with committed financial support from its
State and Federal partners. This timeframe can provide a safety net to the County and provide
additional time to implement land acquisition and other strategies to reduce the demand for
ROGO allocations and help transition land into public ownership.
The County is actively engaged in acquisitions and is requesting its State and Federal partners
for assistance with implementing land acquisitions in Monroe County. The County will allocate
the 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support
is provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation
schedule and consider an extended timeframe for the distribution of market rate allocations
(through a comprehensive plan amendment). Further, the State and County shall develop a
mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr.
Private Property Rights Protection Act cases, with the State having an active role both directly
and financially in the defense of such cases.
July 13, 2013—July
12, 2014
126
71
July 13, 2014—July
12, 2015
126
71
July 13, 2015—July
12, 2016
126
July 13, 2016—July
12, 2017
126
July 13, 2017—July
12, 2018
126
July 13, 2018—July
12, 2019
126
568 total AFH
(total available immediately)
July 13, 2019—July
12, 2020
126
July 13, 2020—July
12, 2021
126
July 13, 2021—July
12, 2022
126
July 13, 2022—July
12, 2023
126
TOTAL
1,260
710 *
*(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
The State of Florida, pursuant to Administration Commission Rules, may modify the annual
allocation rate. Monroe County will request a Rule change from the Administration Commission
to authorize the above allocation timeframe and rate.
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
the State of Florida, pursuant to Administration Commission Rules, to affordable housing units
as part of ROGO. Any portion of the allocations not used for affordable housing shall be
retained and be made available for affordable housing from ROGO year to ROGO year.
Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy
601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential
Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable
housing shall not be located within an area designated as Tier I as set forth under Goal 105 or
within a Tier III -A Special Protection Area as set forth in Policy 205.1.1.
Policy 101.3.4
The Permit Allocation System (or Rate of Growth Ordinance) for new residential development
shall specify procedures for:
establishing the annual number of permits for new residential units to be issued during the
next ROGO year based upon, but not limited to the following:
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by Administration Commission Rules;
f. modifications required or provided by this plan or agreement pursuant to Chapter 380,
Florida Statutes; and
g. receipt or transfer of affordable housing allocations by intergovernmental agreement;
and
h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance
Time Memorandum of Understanding.
2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3;
and
3. timing of the acceptance of applications, evaluation and scoring of applications, and
issuance of permits for new residential development during the calendar year.
Policy 101.3.5
Due to the limited number of allocations and the State's requirement that the County maintain a
maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
transient residential allocations for hotel or motel rooms, campground spaces, or spaces for
parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient units
shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use as
a ROGO exemption. (Ord. No. 024-2011)
Policy 101.3.6
All public and institutional uses (except hospital rooms) that predominately serve the County's
non -transient population and which house temporary residents shall be subject to the Permit
Allocation System for residential development, except upon factual demonstration that such
transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
clearance time of Monroe County.
Policy 101.3.7
Monroe County may permit temporary emergency housing, not subject to the Permit Allocation
System, for temporary occupancy by residents displaced by natural or manmade disaster
damage; or for relief workers involved in reconstruction activities.
Temporary emergency housing may be permitted subject to the following:
• 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 units are provided to residents
and relief workers as part of emergency relief efforts.
• Building permits for temporary emergency housing for displaced residents on single family
parcels shall be limited to one recreational vehicle (or similar approved sheltering unit) per lot,
and occupancy shall not exceed 180 days, unless an extension of up to an additional 180 days
is granted by the building official.
• Building permits for temporary emergency housing for displaced residents on nonresidential
or mixed use sites shall not exceed 180 days, unless an extension of up to an additional 180
days is granted by the building official.
• Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the
placement and duration of temporary emergency housing for relief workers shall be required.
Occupancy of temporary emergency housing for relief workers shall not exceed the duration
specified by the BOCC resolution, but may only be extended at the discretion of the BOCC by
an additional resolution.
Policy 101.3.8
Monroe County may permit temporary non -emergency housing, not subject to the Permit
Allocation System, for temporary occupancy by workers undertaking a long-term capital
improvement project to provide site security for the capital improvement project site; or to avoid
delay in completing ongoing or future airport safety and capacity improvements on county
airport properties.
Temporary non -emergency housing may be permitted subject to the following:
• Temporary non -emergency housing means recreational vehicles (or similar approved
sheltering units) used for temporary occupancy by employees in order to provide project site
security for a long-term capital improvement project or to avoid delay in completing ongoing or
future airport safety and capacity improvements.
• Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the
placement of a temporary non -emergency housing unit to provide site security for a capital
improvement project shall be required. The BOCC resolution shall specify the location
(placement of the unit at the project site) and the duration of the temporary housing unit, not to
exceed 180 days. No more than one (1) temporary non -emergency housing unit shall be
approved per project site. Occupancy may only be extended at the discretion of the BOCC by
an additional resolution. When considering such placement, the BOCC shall take into account
the number of times a parcel has been used for temporary non -emergency housing purposes
for capital improvement projects and shall consider compatibility, complications, public comment
and other circumstances that may require a site to be utilized for more than 365 consecutive
days.
• Occupancy of temporary non -emergency housing necessary to avoid delay in completing
ongoing or future airport safety and capacity improvements on county airport properties shall
not exceed 30 days after the completion of the associated project, unless an extension is
granted by the BOCC.
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.
Policy 101.3.9
For those ROGO applications and properties which have not received a ROGO award for four
consecutive years and have applied for administrative relief, which are designated Tier I, II, or
IIIA, the County or the State shall offer to purchase the property if funding for such is available.
Refusal of the purchase offer shall not be grounds for granting a ROGO award.
Policy 101.3.10
Notwithstanding any other provision of the Plan, ROGO allocations utilized for affordable
housing projects may be pooled and transferred between ROGO sub -areas, excluding the Big
Pine/No Name Keys ROGO subarea, and between local government jurisdictions within the
Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local
government jurisdictions must be accomplished through an interlocal agreement between the
sending and receiving local governments.
Policy 101.3.11
Monroe County may receive additional building permit allocations pursuant to the 2012
completed hurricane evacuation clearance time modeling and allocation recommendations by
the State Land Planning Agency and the Administration Commission's direction that the City of
Key West would transfer annually (by July 15th) any remaining unused allocations for that year
to the other Florida Keys' local governments based upon the local governments' ratio of vacant
land. Any transferred allocations from the City of Key West to Monroe County shall be made
available for Administrative Relief.
Objective 101.4
Monroe County shall regulate nonresidential development to maintain a balance of land uses to
serve the needs of the future population of Monroe County.
Policy 101.4.1
Monroe County shall maintain a Permit Allocation System for new nonresidential floor area,
known as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County
shall maintain a balance between residential and nonresidential growth by limiting the floor area
of new nonresidential development available within the County to maintain a maximum of
47,083 square feet of floor area per NROGO year. The nonresidential allocation allowed by this
policy shall be distributed on an annual basis, pursuant to Policy 101.4.3. The NROGO
allocation system shall apply within the unincorporated area of the county, excluding areas
within the county mainland and within the Ocean Reef planned development (Future
development in the Ocean Reef planned development is based upon the December 2010
Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department
of Community Affairs).
Policy 101.4.2
The Permit Allocation System for new nonresidential floor area (Nonresidential Rate of Growth
Ordinance) shall specify procedures for:
1. Establishing the annual amount of new nonresidential floor area to be allocated during the
next NROGO year based upon, but not limited to:
a. the amount of previously allocated nonresidential floor area reclaimed during the
preceding NROGO years due to the abandonment or expiration of approved
development that received a NROGO allocation award;
b. the amount of nonresidential floor area available for allocations but not allocated in the
previous NROGO year;
c. the amount of nonresidential floor area not made available for the previous NROGO
year allocation by the BOCC;
d. modifications required or provided by this plan;
e. modifications required or provided by Administration Commission Rules; and
f. receipt or transfer of floor area by intergovernmental agreement.
2. Timing of the acceptance of applications, evaluation and scoring of applications, and
issuance of permits for new nonresidential development during the NROGO year.
Policy 101.4.3
Commencing NROGO Year 22 (July 13, 2013 through July 12, 2014), the NROGO bank shall
be proportionally distributed between the three ROGO subareas: 1) Upper Keys, 2) Lower Keys
and 3) Big Pine/No Name Keys. The NROGO bank shall be maintained by an account per each
ROGO subarea and a general account for the Upper and Lower Keys ROGO subarea.
NROGO bank, means the cumulative total of a) NROGO allocations that were not awarded and
thereby not allocated due to a lack of demand, b) nonresidential floor area not made available
for the annual NROGO allocation by the board of county commissioners; and c) allocated
nonresidential floor area reclaimed due to the abandonment or expiration of approved
development that received a NROGO allocation award.
Policy 101.4.5
The NROGO allocation system shall not apply to the following nonresidential developments
1. Any area of the unincorporated County exempted from the residential ROGO permit
allocation system.
2. Public facilities and public/governmental uses (used either temporarily or permanently),
including capital improvements and public buildings. NOTE: All public and institutional uses
(except hospital rooms) that predominately serve the County's non -transient population
and which house temporary residents shall be included in the Permit Allocation System for
residential development, except upon factual demonstration that such transient occupancy
is of such a nature so as not to adversely impact the hurricane evacuation clearance time
of Monroe County.
3. De minimis expansion of or de minimis addition of new nonresidential floor area of an
individual property, not exceed 1,000 square feet of new nonresidential floor area.
4. Within Tier III designated areas, nonresidential development by federally tax-exempt not -
for -profit institutional uses (educational, scientific, research, health, social service,
religious, cultural, and recreational organizations) shall be exempt upon a finding by the
Planning Commission that such activity will predominately serve the County's non -transient
population.
5. Industrial uses in the Maritime Industries (MI) and the Industrial (1) land use (zoning)
districts.
6. Uses permitted in the Rockland Key Commercial Retail Center Overlay District.
7. Agricultural and aquacultural uses.
8. Canopies.
9. Airport hangars.
10. Marine educational/research facilities and marine related science and technology
research facilities.
11. Commercial fishing uses, which are defined in the Land Development Code and which
are within a commercial fishing zoning category.
12. Recreational and commercial working waterfront uses, as defined by § 342.07, F.S.,
excluding transient uses. These exemptions shall not be available on lands designated as
Tier I or, if clearing is proposed, designated as Tier 111-A (SPA).
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible distribution
of land uses consistent with the designations shown on the Future Land Use Map. [F.S. §
163.3177(6)(a)]
FUTURE LAND USE CATEGORIES
Policy 101.5.1
The principal purpose of the Residential Conservation (RC) future land use category is to
encourage preservation of open space and natural resources while providing for very low -
density residential development in areas characterized by a predominance of undisturbed native
vegetation. Low -intensity public uses and utilities are also allowed.
Policy 101.5.2
The principal purpose of the Residential Low (RL) future land use category is to provide for low -
density residential development in partially developed areas with substantial native vegetation.
Low intensity public and low intensity institutional uses are also allowed.
Policy 101.5.3
The principal purpose of the Residential Medium (RM) future land use category is to recognize
those portions of subdivisions that were lawfully established and improved prior to the adoption
of this plan and to define improved subdivisions as those lots served by a dedicated and
accepted existing roadway, have an approved potable water supply, and have sufficient uplands
to accommodate the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or parcel which existed
on or before January 4, 1996.
Policy 101.5.4
The principal purpose of the Residential High (RH) future land use category is to provide for
high -density single-family, multi -family, and institutional residential development, including
mobile homes and manufactured housing, located near employment centers.
Policy 101.5.5
Monroe County shall maintain Land Development Regulations which allow nonconforming
nonresidential and transient uses in the RC, RL, RM and RH future land use categories that
lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or
substantially improve provided that the use is limited in density, intensity, floor area, and to the
type of use that existed on January 4, 1996.
Policy 101.5.6
The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide
for the establishment of mixed use commercial land use (zoning) districts where various types
of commercial retail and office may be permitted at intensities which are consistent with the
community character and the natural environment. Employee housing and commercial
apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to
establish and conserve areas of mixed uses, which may include maritime industry, light
industrial uses, commercial fishing, transient and permanent residential, institutional, public, and
commercial retail uses.
This future land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and nonresidential uses
may be permitted; however, heavy industrial uses and similarly incompatible uses shall be
prohibited. The County shall continue to take a proactive role in encouraging the preservation
and enhancement of community character and recreational and commercial working
waterfronts.
In order to protect environmentally sensitive lands, the following development controls shall
apply to all hammocks, pinelands, and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3. maximum net residential density shall be zero.
In order to preserve and promote recreational and commercial working waterfront uses, as
defined by [Section] 342.07, F.S., the following criteria shall apply to all lands designated with
the Maritime Industries (MI) land use (zoning) district within this land use category:
When a mixture of uses is proposed for parcels designated as MI land use (zoning) district,
working waterfront and water dependent uses, such as marina, fish house/market, boat
repair, boat building, boat storage, or other similar uses but excluding transient uses, shall
be preserved by maintaining a minimum of 35% of the upland area of the property for
those uses.
To incentivize additional preservation of recreational and commercial working waterfront
uses, the following shall be available:
i. For the preservation of 36-50% of the upland area of property for working waterfront
and water dependent uses, up to 20,000 square feet of nonresidential floor area from
the NROGO bank shall be provided to the property; and
ii. For the preservation of 50% or more of the upland area of property for working
waterfront and water dependent uses, the residential density on the property may be
developed pursuant to the maximum net density standard without the use of TDRs.
2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20%
of the wet slips for vessels involved with recreational and commercial working waterfront
uses, excluding live -aboard vessels solely used as a residence and not for navigation.
3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of
the wet slips for vessels involved with recreational and commercial working waterfront
uses, excluding live -aboard vessels solely used as a residence and not for navigation.
4. The preservation of dockage for recreational and commercial working waterfront uses shall
be documented on the final development plan and shall be a written condition of any permit
approval.
5. For permanent residential development, parcels within the MI zoning district shall be limited
to commercial apartments or employee housing. Commercial apartment means an
attached or detached residential dwelling unit located on the same parcel of land as a
nonresidential use that is intended to serve as permanent housing for the owner or
employees of that nonresidential use. The term does not include a tourist housing use or
vacation rental use.
6. The preservation of a public access walkway, and a public access boat launch if one
already exists, shall be required for all parcels with direct access to the water.
Consideration shall be given to security and the physical constraints of the parcel. The
public access walkway shall be documented on the final development plan to link a
continuous walkway and shall be a written condition of any permit approval.
7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than
5,000 square feet of floor area. (Ord. No. 032-2012)
Policy 101.5.7
The principal purpose of the Mixed Use/Commercial Fishing (MCF) future land use category is
to provide for the maintenance and enhancement of commercial fishing and related traditional
water -dependent and water -related uses such as retail, storage, and repair and maintenance
which support the commercial fishing, sport fishing, and charter boats industry. Residential uses
are also permitted. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this
land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3. maximum net residential density shall be zero.
Policy 101.5.8
The principal purpose of the Commercial (COMM) future land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail; highway -
oriented sales and services; commercial recreation; light industrial; public, institutional and
office uses may be permitted at intensities which are consistent with the community character
and the natural environment. The commercial zoning districts established within this category
are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category
is not intended to accommodate transient or permanent residential development.
In order to protect environmentally sensitive lands, the following development controls shall
apply to all Tier I lands within this land use category:
1. only low intensity commercial uses shall be allowed; and
2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010-2013)
Policy 101.5.9
The principal purpose of the Industrial (1) future land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other
commercial, public, residential, and commercial fishing -related uses are also allowed.
Residential uses are limited to employee housing or commercial apartments.
Policy 101.5.10
The principal purpose of the Agriculture/Aquaculture (A) future land use category is to
encourage new, retention and expansion of existing agricultural and aquaculture uses. [F.S. §
163.3177(6)(a)]
Policy 101.5.11
The principal purpose of the Recreation (R) future land use category is to provide for public and
private activity -based and resource -based recreational facilities. [F.S. § 163.3177(6)(a)]
Policy 101.5.12
The principal purpose of the Institutional (INS) future land use category is to provide for
institutional uses by federally tax-exempt, nonprofit facilities, including, but not limited to,
educational, scientific, religious, social service, cultural, health care, and recreational
organizations. Related institutional residential and nonresidential uses, including student and
employee housing, shall be allowed. [F.S. § 163.3177(6)(a)]
Policy 101.5.13
The principal purpose of the Educational (E) future land use category is to provide for public
educational facilities. The County shall coordinate with the School Board to balance educational
facility land requirements with other land use objectives. In recognition of Monroe County's
environment and the linear distribution of its population, the County shall encourage schools to
accommodate building and facility requirements on existing sites. When new school sites are
required, school shall be encouraged to locate proximate to urban residential areas and other
public facilities. [F.S. § 163.3177(6)(a)7.]
Policy 101.5.14
The principal purpose of the Public Buildings/Lands (PB) future land use category is to provide
for public buildings and grounds owned by federal, state and local governments, which serve
the population of the County. In order to serve the health care needs of the community, federally
tax-exempt, non-profit institutional uses, limited to hospitals and their ancillary facilities, may
also be permitted within the PB future land use districts. [F.S. § 163.3177(6)(a)]
Policy 101.5.15
The principal purpose of the Public Facilities (PF) future land use category is to provide for land
owned by public and private utilities and service providers. In order to serve the health care
needs of the community, federally tax-exempt, non-profit institutional uses, limited to hospitals
and their ancillary facilities, may also be permitted within the PB future land use districts. [F.S. §
163.3177(6)(a)]
Policy 101.5.16
The principal purpose of the Military (M) future land use category is to provide for federally
owned lands used for military purposes. Development densities and intensities are not subject
to regulation by Monroe County. Military commanders will be requested to follow these
recommended densities and intensities as specified in Policy 101.5.25, consistent with natural
resource constraints as well as all County environmental design criteria. [F.S. §
163.3177(6)(a)3.a.]
Policy 101.5.17
The principal purpose of the Conservation (C) future land use category is to provide for publicly
or privately owned lands held primarily for the preservation of natural and historic resources and
compatible passive recreational uses. Public uses consistent with the purpose of this category
shall be allowed. [F.S. § 163.3177(6)(a)3.f.]
Policy 101.5.18
The principal purpose of the Preservation (P) future land use category is to provide for publicly
owned lands held exclusively for the preservation of natural resources. [F.S. §
163.3177(6)(a)3.f.]
Policy 101.5.19
The principal purpose of the Airport District (AD) future land use category is to facilitate the
operations of airports and their compatible uses and to prohibit the development of residential
uses (excluding temporary non -emergency housing), non -compatible educational uses
(including but not limited to pre-K through high schools) and/or other uses which are
characterized by the regular presence of large numbers of people within the hazard areas of
civil and military airports. In addition to privately owned civil airports located within the
unincorporated areas of the County, this Monroe County Future Land Use Map (FLUM)
designation applies to the airports owned by the County within the cities of Key West and
Marathon, and the County shall have review authority over all permit applications. [F.S. §
163.3177(6)(a)3.b.]
Policy 101.5.20
The principal purpose of the Mainland Native (MN) future land use category is to protect the
undeveloped and environmentally sensitive character of land within Monroe County that is
located on the mainland of the Florida peninsula. Very low density residential uses and low -
intensity educational and research centers shall be allowed. All land in the mainland portion of
Monroe County is hereby designated as Mainland Native. [F.S. § 163.3177(6)(a)3.f.]
OVERLAY CATEGORIES
Policy 101.5.21
The principal purpose of the Historic (H) overlay category is to identify existing and potential
historic districts for designation, protection, and preservation (See Goal 104 and supporting
objectives and policies). Maximum permitted densities and intensities shall be in accordance
with the underlying land use categories. [F.S. § 163.3177(6)(a)3.f.]
Policy 101.5.22
The principal purpose of the Community Center (CC) overlay is to identify a defined geographic
development focal area according to each of the adopted Livable CommuniKeys Community
Master Plans. The intent of this overlay is to implement the action items identified in the Livable
CommuniKeys Community Master Plans, pursuant to Policy 101.19.2. Within three years of the
adoption of the 2030 Comprehensive Plan, Monroe County shall adopt the Community Center
overlays as identified by the Livable CommuniKeys Community Master Plans included in Policy
101.19.2 on the Future Land Use Map. Maximum permitted densities and intensities shall be in
accordance with the underlying land use categories.
Policy 101.5.23
The principal purpose of the Correctional Facility (CF) overlay category is to identify compatible
areas for the development of a facility for the detention, confinement, treatment or rehabilitation
of persons arrested or convicted for the violation of civil or criminal law. Such facilities include,
but are not limited to, adult detention centers, juvenile delinquency centers, jails, and prisons.
These facilities house prisoners who are in the custody of city/county/law enforcement and the
facilities are typically government owned. Maximum permitted densities and intensities shall be
in accordance with the underlying land use categories.
(AD zoning)
0 rooms/spaces
N/A
Commercial (COMM)
Odu
N/A
(Cl and C2 zoning)
0 rooms/spaces
N/A
0.15-0.50
0.20
Conservation (C)
Odu
N/A
(CD zoning)
0 rooms/spaces
N/A
0.05
0.90
Education (E) (d)
Odu
N/A
Per
0.30
underlying
(no directly corresponding zoning)
0 rooms/spaces
N/A
zoning
Industrial (1)
1 du
2 du
(I and MI zoning)
0 rooms/spaces
N/A
0.25-0.60
0.20
Institutional (INS) (d)
Odu
N/A
Per
0.30
underlying
(no directly corresponding zoning)
15 rooms/spaces
24 rooms/spaces
zoning
Mainland Native (MN)
0.01 du
N/A
(MN zoning)
(e)
2 spaces
N/A
0.03
0.95-0.99
Military (M)
6du
12 du
(MF zoning)
10 rooms/spaces
20 rooms/spaces
0.30-0.50
0.20
I du
2 du (MI)
(DR, MU, MI)
6-18 du (SC)
0.10-0.45
3 du (SC)
12 du (UC)
(SC, UC, DR,
Mixed Use/Commercial
6 du (UC)
(MC) (f)(g)
Commercial
12-18 du (MU)
MU)
(k)
(SC, UC, DR, RV, MU and MI
Apartments
zoning)
(RV) (h)
18 du (DR)
<2,500 SF (RV)
0.20
10-25
0.30-0.60 (MI)
5-15
rooms/spaces
rooms/spaces
I du
12 du (CFA,
Mixed Use/Commercial Fishing
(CFSD-20) 0)
CFSD)
(MCF) (f)
3 du (CFA, all
(CFA, CFV, CFSD zoning)
other CFSD)
N/A (CFV)
0.25-0.40
0.20
1 du/lot (CFV)
MI
5w,
N/A
0 rooms/spaces
Preservation (P) (d)
0 du
N/A
(P zoning)
0 rooms/spaces
N/A
0
1.00
Public Buildings/Lands
0 du
N/A
Per
(PB) (d)
0.30
underlying
(no directly corresponding zoning)
0 rooms/spaces
N/A
zoning
Public Facilities (PF) (d)
0 du
N/A
Per
(no directly corresponding zoning)
0 rooms/spaces
N/A
0.30
underlying
zoning
Recreation (R)
0 du
N/A
(PR zoning)
2 rooms/spaces
N/A
0.20
0.90
0-0.10 du (OS)
Residential Conservation (RC)
N/A
(OS and NA zoning)
0.25 du (NA)
N/A
0-0.20
0.95
0 rooms/spaces
3 du (SR-L)
0.50 du
5 du (SR)
Residential Low (RL)
or
0.50 (SR, SR-
1 du/lot (SR) �rr�
0.25
L)
(SS, SR, and SR-L zoning)
N/A (SS)
0.80 (SS)
0 rooms/spaces
N/A
1 du/lot (IS, IS-V,
N/A
Residential Medium (RM)
IS-M)
(IS, IS-V, IS-M and IS-D (>)zoning)
2 du/lot (IS-D)
0 rooms/spaces
N/A
0
0.20
6 du (UR)
12-25 du (UR)
Residential High (RH)
1du/lot (URM,
(k)
(IS-D 0), URM, URM-L and UR
URM-L)
N/A (IS-D, URM,
zoning)
2 du/lot (IS-D)
URM-L)
0
0.20
0-10
0-20
MI
w
r
MI
5w,
MI
5w,
(Ord. No. 032-2012; Ord. No. 010-2013; Ord. No. 004-2017 , § 1, 5-17-2017)
Policy 101.5.26
In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County
shall promote the reduction in overall County residential density and the preservation of Monroe
County's native habitat by enacting legislation which implements the following policy statements
for private applications for future land use map amendments which increase allowable
residential allocated density. Private application(s) means those applications from private
entities with ownership of the upland development and parcel(s) of land or includes private
upland development on County -owned land.
Private applications requesting future land use map designation amendments received after the
effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
density shall be required, upon amendment approval, to comply with either option (1) or (2)
below:
For every acre of land, and/or fractions thereof, where there is a request to increase
residential density, a private applicant shall purchase and dedicate land to Monroe County
for conservation that is a minimum of twice the size of the parcel subject to the proposed
request and has a residential density development potential equal or greater to the density
increase being requested. The following requirements apply:
• The dedicated land shall be designated as Tier I, Tier II or Tier III -A Special Protection
Area and be located on Big Pine Key/No Name Key or be within the same subarea of
unincorporated Monroe County as the proposed increase in residential density. Dedicated
land may also be used by an applicant for ROGO points.
• The dedicated land shall contain predominantly non -scarified native upland habitat
and/or undisturbed wetland habitat. The land shall be inspected by the Monroe County
Biologist to assure it is acceptable for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the
donated land.
• The Future Land Use Map Designation for the donated land may be designated by the
County as Conservation (C) or Preservation (P).
2. For each requested additional unit of residential density, a private applicant shall purchase
and dedicate a lot designated as Improved Subdivision (IS) district on the Land Use
(Zoning) District map to Monroe County to ensure the equivalent density requested is
mitigated (excludes the dedication of lots for affordable housing). The following
requirements apply:
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the
request for increased allowable residential density, pursuant to option (a) or (b) below:
(a) The dedicated IS lot(s) shall be designated as Tier I, Tier II or Tier III -A Special
Protection Area and be located on Big Pine Key/No Name Key or be within the same
subarea of unincorporated Monroe County as the proposed increase in residential
density.
• The dedicated lot shall contain predominantly non -scarified native upland habitat
and/or undisturbed wetland habitat. The IS lot(s) shall be inspected by the Monroe
County Biologist to assure it is acceptable for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the
donated land.
• The dedicated IS lot(s) must still have 1 (one) unit of allocated density per lot (i.e.,
may not have sent density to another site via TDRs or have any other restriction on
development rights via deed restriction or similar mechanism).
• The Future Land Use Map Designation for the donated land may be designated by
the County as Conservation (C).
(b) The dedicated IS lot(s) shall be designated as Tier III, must have 1 unit of allocated
density per lot and must be within the same subarea of unincorporated Monroe
County as the proposed increase in residential density.
• The IS lot(s) shall be dedicated to Monroe County for the retirement of
development rights; or
• The IS lot(s) may be dedicated to Monroe County for affordable housing projects.
For options (1) and (2) described above, the parcel which is the subject of the request
to increase its residential density must be designated as Tier III and have existing
public facilities and services and available central wastewater facilities. Under this
policy, no net increase in residential density will be permitted.
Requires the donation of 24 acres of non -scarified
Example 12 acres requesting a FLUM amendment native upland habitat and/or undisturbed
of to increase density wetland habitat, designated as Tier I, Tier II or
Option 1 Tier III -A.
(12 acres x 2 = 24 acres)
(a) Requires the donation of 20 IS lots of non-
20 acres with a total allocated density scarified native upland habitat and/or
Example allowing the development of 20 units, undisturbed wetland habitat, designated as Tier I,
of Tier II or Tier III -A; or
requesting to increase density to allow 40
Option 2 units (b) Requires the donation of 20 IS lots designated
as Tier III for affordable housing.
(Increase of 20 units = 20 IS lots)
(Ord. No. 028-2012)
Policy 101.5.27
All development shall be subject to clearing limits defined by habitat and the location of the
property in the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1.
The clearing limits of upland native vegetation for properties in the Ocean Reef planned
development shall be limited to 40 percent. Except as defined in Policy 101.11.2, clearing of
upland native vegetative areas in the Tiers I, II, III and Tier III -A shall be limited to the following
percentages or maximum square footage:
Tier Permitted Clearing
20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of
upland native vegetative area.
The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels
greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name
Key, clearing for one driveway of reasonable configuration up to 18 feet in width is
permitted to provide reasonable access to the property for each parcel and shall be exempt
from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be
recommended by a County biologist and approved by the Planning Director. The proposed
driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the
entire site.
40% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of
II
upland native vegetative area (Big Pine Key and No Name Key).
40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing
shall be no more than 7,500 square feet, of upland native vegetative area.
The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels
greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name
Key, clearing for one driveway of reasonable configuration up to 18 feet in width is
III
permitted to provide reasonable access to the property for each parcel and shall be exempt
from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be
recommended by a County biologist and approved by the Planning Director. The proposed
driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the
entire site.
40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500
square feet of upland native vegetation.
III -A The clearing of parcels in Tier III -A shall be limited to 7,500 square feet per parcel. For
Special parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and
Protection No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is
Area permitted to provide reasonable access to the property for each parcel and shall be exempt
from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be
recommended by a County biologist and approved by the Planning Director. The proposed
driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
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reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the
entire site.
*Clearing for palm or cactus hammock is limited to only 10% and the maximum amount of clearing shall
be no more than 3,000 square feet.
(Ord. No. 026-2012)
Policy 101.5.28
Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans
adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted
clearing established by Policy 101.5.27 shall control. (Ord. No. 026-2012)
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per
each recognized lawfully established unit. Such lawfully -established dwelling unit(s) shall not be
considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe
County Code.
Policy 101.5.30
In order to preserve the existing community character and natural environment, Monroe County
shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
distance between grade and the highest part of any structure, including mechanical equipment,
but excluding spires and/or steeples on structures used for institutional and/or public uses only;
chimneys; radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with attached antennas and/or
collocations. However, in no event shall any of the exclusions enumerated above be construed
to permit any habitable or usable space to exceed the applicable height limitations, except as
specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,
there shall be no exceptions to the 35-foot height limitation. ( Ord. No. 016-2017 , § 1, 9-27-
2017)
Policy 101.5.31
For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
community, and has a distinct community character, buildings may include non -habitable
architectural decorative features (such as finials, railings, widow's walk, parapets) that exceed
the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
building's roof -line. This exception shall not result in a building together with any architectural
decorative feature with a height that would exceed 40 feet.
As used in this policy, a master planned community means a planned community of 100 or
more acres in area subject to a master plan or other development order approved by the county
where public access is restricted and the community is operated and maintained by the
community including the provision of comprehensive, private utilities and transportation facilities
and services within its boundaries and a homeowners association or similar entity which
regulates development standards and monitors development requests by its members. ( Ord.
No. 016-2017 , § 1, 9-27-2017)
Policy 101.5.32
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
other hazards; protect property from flooding and minimize damages; minimize public and
private losses due to flooding; minimize future expenditures of public funds for flood control
projects and for recovery from flood events; and mitigate rising flood insurance premiums. A
Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height
limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three
(3) feet above FEMA base flood elevation; and a flood protection height exception of a
maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new
construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above
FEMA base flood elevation. These exceptions are in order to promote flood protection, minimize
flood damage, reduce flood insurance premiums and minimize future expenditures of public
funds for recovery from flood events. In no case shall a Flood Protection Height Exception result
in a new building exceeding a maximum height of 38 feet or a lawfully existing building
exceeding a maximum height of 40 feet. ( Ord. No. 016-2017 , § 1, 9-27-2017)
Policy 101.5.33
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception for lawfully established existing
buildings which exceed the 35-foot height limit, to promote public health, safety and general
welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property
from flooding and minimize damages; minimize public and private losses due to flooding;
minimize future expenditures of public funds for flood control projects and for recovery from
flood events; and mitigate rising flood insurance premiums. A lawfully established existing
building may be repaired, improved, redeveloped and/or elevated to meet required FEMA base
flood elevation (BFE) provided the building does not exceed a total maximum building height of
40 feet, and the building is limited to the existing lawfully established intensity, floor area,
building envelope (floor to floor height), density and type of use. For lawfully established existing
buildings that are proposed to exceed a total height of 40 feet, a public hearing before the
Planning Commission and the Board of County Commissioners shall be required to review and
specify the maximum approved height prior to issuance of any county permit or development
approval. The Planning Commission shall provide a recommendation to the BOCC on the
maximum height of a building. The BOCC shall adopt a resolution specifying the maximum
approved height. ( Ord. No. 016-2017 § 1, 9-27-2017)
Objective 101.6
Monroe County shall maintain and implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 105, which directs future growth in order to:
1. maintain and enhance the character of the community [F.S. § 163.3177(6)(a)2.c.];
2. protect natural resources [F.S. § 163.3177(6)(a)3.f.];
3. encourage a compact pattern of development [F.S. § 163.3177(6)(a)2.h.];
4. encourage the development of affordable housing;
5. direct future growth to appropriate infill areas and away from inappropriate locations not
suitable for development such as environmentally sensitive areas, Coastal Barrier
Resource System (CBRS) Units, and V-zones; and
6. encourage development in areas served by central wastewater treatment systems
Policy 101.6.1
Monroe County shall maintain land development regulations which provide for a Point System
for new residential (ROGO) and nonresidential (NROGO) development. Except for affordable
housing, this Point System, as set forth in Policy 101.6.4 for residential development and Policy
101.6.5 for nonresidential development, shall be used as a basis for selecting the development
applications which are to be issued permits through the Permit Allocation System pursuant to
Policy 101.6.4 and Policy 101.6.5. For market rate housing units or nonresidential development
to be awarded allocations under the Permit Allocation System the Point System shall specify
positive point factors which shall be considered as assets and shall specify negative point
factors which shall be considered as liabilities in the evaluation of applications for new
residential and nonresidential development.
Policy 101.6.2
In order to encourage a compact form of residential growth that results in infill development in
platted, improved subdivisions, the Point System shall be primarily based on the Tier system of
land classification as set forth under Goal 105. To discourage and limit further growth in Tier I
designated areas, the annual maximum number of residential permit allocations that may be
awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO
subareas. Other criteria and corresponding points are allocated to encourage development to
the most appropriate locations and discourage development from inappropriate locations.
In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit
allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This
provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and
amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the
properties within CBRS system units in the subarea; as well as an amended FEMA Biological
Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the
ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop
his property may be granted an allocation through the ROGO process that may be used once
that property owner obtains all required permits and authorizations required under the
Endangered Species Act and other applicable federal and state laws. The allocation will remain
valid so long as the applicant diligently and in good faith continues to work with USFWS to
conclude the coordination and pick up a building permit.
Policy 101.6.3
In order to encourage a compact form of nonresidential growth, the Point System shall be
primarily based on the Tier system of land classification as set forth under Goal 105. To
discourage and limit further growth in Tier I designated areas, the Permit Allocation System
shall limit and direct new nonresidential development primarily to areas designated as Tier III
under Goal 105, not areas designated as a Special Protection Area (Tier III -A) and provide
incentives for redevelopment of existing developed and vacant infill sites. Other criteria and
corresponding points are available to encourage development to the most appropriate locations
and discourage development from inappropriate locations. (See Policy 101.4.1.)
Policy 101.6.4
ROGO : Monroe County shall implement the residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification as set forth under Goal 105. The points are intended to be applied cumulatively.
For all applications entering the Residential Permit Allocation system after July 13, 2016, the
following points and criteria shall apply:
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big Pine Key
and No Name Key Habitat Conservation Plan (HCP) and the Livable CommuniKeys
Community Master Plan.
Note: Habitat Conservation Plan for Florida Key Deer ( Odocoileus virginianus clavium )
and other Protected Species on Big Pine Key and No Name Key, Monroe County, Florida.
Revised April 2005
Point
Criteria (Within Big Pine Key and No Name Key):
Assignment
(Ord. No. 030-2012)
Each additional contiguous vacant parcel with a minimum of 2,000 square feet of
uplands which is aggregated in a designated Tier III area outside of Big Pine Key and
No Name Key that meets the aforementioned requirements will earn additional
points as specified.
'Applies to new applications entering the permit allocation system after July 13, 2016.
'Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title
with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500
square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and
the remainder of the parcels shall be placed under a conservation easement disallowing any clearing of
native habitat.
'Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land
development regulations to not allow the reversal of any lot aggregation used to assign extra points to a
ROGO application, whether executed by unity of title and/or restrictive covenant, and regardless of the
status of the ROGO allocation award or associated building permit. In the event the dwelling unit was
not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application
on the same aggregated parcels will be assigned the same number of extra points originally assigned for
the lot aggregation.
4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots
shall not be subdivided or otherwise reconfigured in any manner that would allow the number of
proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were
approved on the Plat.
Point 1,z,s,4
Criteria (Within Big Pine Key and No Name Key):
Assignment:
Each additional contiguous vacant, legally platted lot which is aggregated in a
designated Tier II or III area on Big Pine Key and No Name Key will earn additional
points as specified.
+3 per lot/parcel
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of
uplands which is aggregated in a designated Tier II or III area on Big Pine Key and No
Name Key that meets the aforementioned requirements will earn additional points
as specified
Each additional contiguous vacant, legally platted lot which is aggregated in a
designated Tier I area on Big Pine Key and No Name Key will earn additional points as
specified.
+4 per lot/parcel
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of
uplands which is aggregated in a designated Tier I area on Big Pine Key and No Name
Key that meets the aforementioned requirements will earn additional points as
specified.
'Applies to new applications entering the permit allocation system after July 13, 2016.
'Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title
with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500
square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and
the remainder of the parcels and shall be placed under a conservation easement disallowing any
clearing of native habitat.
'Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land
development regulations to disallow the reversal of any lot aggregation used to assign extra points to a
ROGO application, whether executed by unity of title and/or restrictive covenant, and regardless of the
status of the ROGO allocation award or associated building permit. In the event the dwelling unit was
not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application
on the same aggregated parcels will be assigned the same number of extra points originally assigned for
the lot aggregation.
4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots
shall not be subdivided or otherwise reconfigured in any manner that would allow the number of
proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were
approved on the Plat.
5. Land Dedication - The following points shall be assigned to allocation applications to
encourage, the voluntary dedication of vacant, buildable land within Tier I designated
areas, Tier 11 (Big Pine Key and No Name Key), Tier III -A Special Protection Areas (SPA),
and parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of Special
Protection Areas (SPA), for the purpose of retirement of development rights or providing
land for affordable housing where appropriate. Applicants can utilize lands dedicated
pursuant to Policy 101.5.26; however, submerged lands (inundated by water) shall not be
eligible for land dedication. (Ord. No. 029-2012)
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plated lot uplands. Each additional vacant, legally platted lot that meets the aforementioned
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specified.
Additional Requirements
A statutory warranty deed that conveys the dedicated property to the county shall be
approved by the Planning Director and County Attorney and recorded in the office of
the clerk of the county prior to the issuance of any building permit pursuant to an
allocation award. Other documents related to the approval of the land dedication may
include, but are not limited to, affidavit of no encumbrance(s), entity affidavit, subject to
the approval of the Planning Director and County Attorney and recorded in the office of
the clerk of the county prior to the issuance of any building permit pursuant to an
allocation award.
*The systems must be maintained for a minimum of five years from C.O. unless replaced with a
system that provides a functional equivalent or increased energy or water savings.
Policy 101.6.5
NROGO: Monroe County shall implement the nonresidential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification pursuant to Goal 105. The points are intended to be applied cumulatively. For all
applications entering the Nonresidential Permit Allocation system after July 13, 2016, the
following points and criteria shall apply:
Tier Designation - Utilizing the Tier System for land classification, the following points
shall be assigned to allocation applications for proposed nonresidential development in a
manner that encourages development of infill in predominately developed areas with
existing infrastructure, commercial concentrations, and few sensitive environmental
features, and discourages development in areas with environmentally sensitive upland
habitat, which are targeted for acquisition and the retirement of development rights for
resource conservation and protection:
Pine Key and No Name Key Livable CommuniKeys Community Master Plan.
after,hnuary 13, 2013.
(Ord. No. 030-2012)
3. Land Dedication - The following points shall be assigned to allocation applications to
encourage the voluntary dedication of vacant, buildable land within Tier I, Tier II (Big Pine
Key and No Name Key) designated areas, Tier III -A (Special Protection Areas -SPA), and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of Special
Protection Areas (SPA), for the purpose of providing land for the retirement of development
rights or affordable housing where appropriate. Applicants can utilize lands donated
pursuant to Policy 101.5.26; however, submerged lands (inundated by water) shall not be
eligible for land dedication. (Ord. No. 029-2012)
Point
Assignment: Criteria (Outside Big Pine Key and No Name Key):
Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated
+4 for each as Tier III for affordable housing, containing a minimum of 2,000 square feet of uplands.
platted lot Each additional vacant, legally platted lot which meets the aforementioned
requirements will earn the additional points as specified.
Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated
+5 for each as Tier III containing a minimum of 2,000 square feet of uplands. Each additional vacant,
platted lot legally platted lot that meets the aforementioned requirements will earn points as
specified.
Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000
+4 for each square feet of uplands, designated as Tier III for the retirement of development rights.
parcel Each additional vacant parcel that meets the aforementioned requirements will earn
points as specified.
Proposes dedication to Monroe County of a vacant legally platted lot within a Tier I
+1 for each area, designated as Residential Low and containing a minimum of 2,000 square feet of
platted lot uplands. Each additional vacant, legally platted lot, that meets the aforementioned
requirements will earn points as specified.
+0.5 for each Proposes dedication to Monroe County of one (1) vacant, legally platted lot within a
platted lot Tier I area, designated as Residential Conservation, containing a minimum of 2,000
square feet of uplands. Each additional vacant, legally platted lot that meets the
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the clerk of the county prior to the issuance of any building permit pursuant to an
allocation award. Other documents related to the approval of the land dedication may
include, but are not limited to, affidavit of no encumbrance(s), entity affidavit, subject
to the approval of the Planning Director and County Attorney and recorded in the office
of the clerk of the county prior to the issuance of any building permit pursuant to an
allocation award.
5. Perseverance Points -
Point Assignment:
Criteria:
For parcels designated Ter I, II or III-R, one (1) paint shall be awarded for each
+1 per year for the
year that the allocation application remains in the allocation system up to four
first 4 years
(4) years.
+0.5 per year after the
After four (4) years, the application shall be awarded 0.5 points for each year the
first 4 years
application remains in the system.
+2 per year for the
For parcels designated Tier III, two (2) points shall be awarded for each year that
first 4 years
the allocation application remains in the allocation system up to four (4) years.
+1 per year after the
After four (4) years, the application shall be awarded one (1) point for each year
first 4 years
the application remains in the system.
Applications entering the NROGO system after July 13, 2016, shall receive perseverance points as listed
above.
7. Landscaping, Energy and Water Conservation - The following points shall be assigned
to allocation applications on lands designated as Tier III to encourage the planting of native
vegetation and promote water conservation and increased energy efficiency:
8. Central Wastewater System Availability* - The following points shall be assigned to
allocation applications to direct development to areas with central sewer:
*NOTE: See "Available" as defined within the Glossary.
10. Payment to the Land Acquisition Fund - Up to two (2) whole points shall be awarded
for a monetary payment by the applicant to the County's land acquisition fund for the
purchase of lands for conservation, and retirement of development rights. The monetary
value of each point shall be set annually by the County based upon the estimated average
fair market value of vacant, privately -owned, buildable IS/URM zoned, platted lots.
11. Community Centers - The following points shall be assigned to allocation applications to
encourage, nonresidential development within an area designated as a Community Center
in an adopted Livable CommuniKeys Plan.
Policy 101.6.6
The ROGO and NROGO Systems shall be monitored through the evaluation and appraisal
review statutory process and shall be revised as necessary based on new studies and data in a
manner that is consistent with and furthers the goals, policies, and objectives of this plan.
Policy 101.6.7
Monroe County shall allow for the development of residential developments with multiple units
within the Permit Allocation System. If a project ranks high enough in the Point System for a
portion of the development to receive an allocation award, but the project includes more units
than are available during an allocation period, the entire project may receive allocation awards if
the excess allocation is reduced from the next allocation period(s).
Policy 101.6.8
Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for
the transfer off -site of dwelling units, hotel rooms, campground/recreational vehicle spaces
and/or mobile homes to another site in the same ROGO subarea, provided that they are lawfully
existing and can be accounted for in the County's hurricane evacuation model. Dwelling units
may be transferred as follows:
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea may also be
transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities and
services.
Sender Site Criteria:
1. Contains a documented lawfully -established sender unit recognized by the County; and
2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's
Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the requested
use;
2. Must meet the adopted density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.);
4. Located within a Tier III designated area; and
5. Structures are not located in a velocity (V) zone or within a CBRS unit.
Policy 101.6.9
Nonresidential development on Big Pine Key and No Name Key will be allocated pursuant to
the following additional criteria:
Development must be:
1. Infill in existing commercial areas in Tier II and Tier III lands, mainly along the U. S. 1
corridor on Big Pine Key.
2. All new nonresidential development will be limited to disturbed or scarified lands.
3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located within the
designated Community Center Overlay as designated by Action Item 4.1.5.
4. New allocations shall be awarded moderate positive points to applicants who fulfill the
additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key.
Development that is exempt from NROGO will not be subject to criteria 1 through 4 above.
Objective 101.7
Monroe County shall establish policies to provide for the purchase of land from property owners who
have not been awarded building permit allocations in the Permit Allocation System.
Policy 101.7.1
Monroe County, the state, or other acquisition agency shall, upon a property owner's request,
offer to purchase the property for fair market value or permit the minimum reasonable economic
use of the property, if the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the Residential
(ROGO) or Nonresidential (NROGO) Permit Allocation System;
2. their proposed development otherwise meets all applicable county, state, and federal
regulations;
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Residential or Nonresidential Permit
Allocation System; and
5. they follow the procedures for administrative relief contained in the land development
regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
residentially zoned parcel of record which was buildable immediately prior to the effective date
of the Plan, no less than a single-family residence.
A purchase offer is the preferred option for administrative relief, if the subject permit is for
development located within:
1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition
areas (unless, after 60 days from the receipt of a complete application for administrative
relief, it has been determined no county, state or federal agency or any private entity is
willing to offer to purchase the parcel);
2. a designated Tier 11 or III -A (Special Protection Area); or,
3. a designated Tier III area on a non -waterfront lot for affordable housing.
Refusal of the purchase offer by a property owner shall not be grounds for the granting of a
ROGO or NROGO allocation award.
Policy 101.7.2
Monroe County recommends that the Monroe County Land Authority dedicate a minimum of 35
percent of its annual budget each year for the purpose of acquiring land from qualified property
owners as defined by Policy 101.7.1. Funds accumulated from this source shall be reserved for
the acquisition of land from qualified property owners, but may also be used to acquire other
properties when deemed appropriate by the Land Authority.
Policy 101.7.3
Monroe County shall preclude the granting of administrative relief in the form of the issuance of
a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas
unless, after 60 days from the receipt of a complete application for administrative relief, it has
been determined the parcel cannot be purchased for conservation purposes by any county,
state or federal agency or any private entity. The County shall routinely notify Department of
Environmental Protection of upcoming administrative relief request at least six (6) months prior
to the deadline for administrative relief.
Objective 101.8
Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the land development regulations, zoning districts, Future Land Use
categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
important part of the community character and the County desires to maintain such character and
protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
[F.S. § 163.3177 (6)a.2.e.]
Policy 101.8.1
Monroe County shall prohibit the expansion of nonconforming uses
Policy 101.8.2
Monroe County shall prohibit a nonconforming use to be changed to any other use unless the
new use conforms to all applicable provisions of the Future Land Use category and zoning
district in which it is located.
Policy 101.8.3
Monroe County shall prohibit the relocation of a structure in which a non -conforming use is
located unless the use thereafter conforms to the provisions of the Future Land Use category
and zoning district in which it is located.
Policy 101.8.4
With the exception of nonconforming uses located in the Mixed Use/Commercial Fishing Future
Land Use category or within a Community Center Overlay, if a structure in which a
nonconforming use is located is damaged or destroyed so as to require substantial
improvement, then the structure shall be repaired or restored only for uses which conform to the
provisions of the Future Land Use category and zoning district in which it is located.
Improvements to historic sites, and improvements to meet health, sanitary or safety code
specifications are not considered substantial improvements.
Policy 101.8.5
Lawful nonconforming uses existing as of September 15, 1986 and located within the Mixed
Use/Commercial Fishing category or within a Community Center Overlay, as indicated on the
Future Land Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to
the preexisting use, building footprint and configuration without increase in density or intensity of
use.
Policy 101.8.6
Monroe County shall prohibit the re-establishment of nonconforming uses which have been
discontinued or abandoned.
Policy 101.8.7
Monroe County shall maintain Land Development Regulations which allow nonconforming
nonresidential and transient uses in the RC, RL, RM and RH future land use categories that
lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or
substantially improve provided that the use is limited in density/intensity, floor area, and to the
type of use that existed on January 4, 1996.
Policy 101.8.8
Any nonconforming use may be subject to compulsory termination when it is found detrimental
to the conservation of the value of surrounding land and improvements, or to future
development of surrounding lands, and therefore is tending to deteriorate or blight the
neighborhood. In ordering the compulsory termination of a nonconforming use, the BOCC will
establish a definite and reasonable amortization period during which the nonconforming use
may continue while the investment value decrement resulting from termination is amortized.
Determination of the amount to be amortized shall be based on the value and condition of the
land and improvements for the nonconforming use less their value and condition for a
conforming use, and such other reasonable costs as the termination may cause. The rate of
amortization shall be in accordance with reasonable economic practice.
Policy 101.8.9
Accessory uses or structures associated with a lawful nonconforming principal use may be
permitted if in compliance with the LDC.
Objective 101.9
Monroe County shall eliminate or reduce the frequency of structures which are inconsistent with the
applicable provisions of the land development regulations, zoning districts, Future Land Use
categories and the Future Land Use Map. In Monroe County, some nonconforming structures are an
important part of the community character and the County desires to maintain such character and
protect these lawfully established, nonconforming structures and allow them to be repaired or
replaced. [F.S. § 163.3177(6)(a)2.e.]
Policy 101.9.1
Substantial improvement is defined as any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent of the pre -destruction market value of the
structure. Improvements to historic structures, and improvements to meet health, sanitary or
safety code specifications are not considered substantial improvements.
Policy 101.9.2
Enlargements and extensions to lawful nonconforming structures outside of the Mixed Use
Commercial Fishing District or a Community Center Overlay shall be allowed, provided that:
1. the improvement does not constitute a substantial improvement;
2. a nonconforming use is not located in the nonconforming structure; and
3. the nonconformity is not further violated.
Policy 101.9.3
A nonconforming structure, other than a locally or nationally registered historic structure, shall
not be moved unless it thereafter shall conform to the applicable provisions of the Monroe
County Code.
Policy 101.9.4
With the following exception, nonconforming structures which are damaged or destroyed so as
to require substantial improvement shall be repaired or restored in conformance with all
applicable provisions of the current Monroe County Code. Substantial improvement or
reconstruction of nonconforming single-family homes shall comply with the setback provisions
of the Monroe County Land Development Code except where strict compliance would result in a
reduction in lot coverage as compared to the pre -destruction footprint of the house. In such
cases, the maximum shoreline setback shall be maintained and in no event shall the shoreline
setback be less than ten (10) feet from mean high water.
Policy 101.9.5
Existing manufactured homes which are damaged or destroyed so as to require substantial
improvement shall be required to meet the most recent HUD standards, and the floodplain
management standards set forth by FEMA.
Policy 101.9.6
If a nonconforming structure is abandoned, then such structure shall be removed or converted
to a conforming structure.
Policy 101.9.7
Any nonconforming structure may be subject to compulsory termination when it is found
detrimental to the conservation of the value of surrounding land and improvements, or to future
development of surrounding lands, and therefore is tending to deteriorate or blight the
neighborhood. In ordering the compulsory termination of a nonconforming structure, the BOCC
will establish a definite and reasonable amortization period during which the nonconforming
structure may continue while the investment value decrement resulting from termination is
amortized. Determination of the amount to be amortized shall be based on the value and
condition of the land and improvements for the nonconforming structure less their value and
condition for a conforming structure, and such other reasonable costs as the termination may
cause. The rate of amortization shall be in accordance with reasonable economic practice.
Objective 101.10
Monroe County shall provide for drainage and stormwater management so as to protect real and
personal property and to protect and improve water quality. [F.S. § 163.3177(6)(c)]
Policy 101.10.1
Monroe County shall maintain the level of service standards for stormwater management
established in Drainage Policy 1001.1.1. These level of service standards ensure that at the
time a certificate of occupancy is issued, adequate stormwater management facilities are
available to support the new development concurrent with the impacts of such development.
Existing development, except single family residential built prior to November 16, 1992 shall, to
the greatest extent possible, meet the County's best management practices for stormwater
management. (See Drainage Objective 1001.1 and related policies.)
Policy 101.10.2
Monroe County shall maintain a five-year schedule of capital improvement needs for drainage
facilities as part of the Capital Improvement Program. This schedule shall be updated annually.
(See Drainage Objective 1001.2 and related policies.)
Policy 101.10.3
Monroe County shall maintain stormwater management regulations, which shall require that all
improvements for replacement, expansion or increase in capacity of drainage facilities conform
with the adopted level of service standards pursuant to Policy 1001.1.1. The County shall use
the adopted Stormwater Management Master Plan, and subsequent updates, as a guide for
stormwater management to protect personal property and to protect and improve water quality.
Objective 101.11
Monroe County shall work cooperatively with Miami -Dade County and other appropriate agencies to
encourage land use planning and development controls which shall protect the recharge area of the
Florida City Wellfield from potential sources of groundwater contamination, saltwater intrusion, and
over -extraction.
Policy 101.11.1
Protection of the Florida City Wellfield shall be accomplished through continued implementation
of the Miami -Dade County Wellfield Protection Ordinance and the water supply policies of the
SFWMD.
Policy 101.11.2
Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall
review, update as necessary, and maintain the interlocal agreement with Miami -Dade County
and other appropriate agencies. This agreement shall provide Monroe County with an
opportunity to comment on land use and regulatory issues related to the Florida City Wellfield,
aquifer and aquifer recharge area. It shall set forth procedures for review of land use and
regulatory activities identified as having potentially significant impacts on the aquifer recharge
and water supply systems. Criteria for determination of significant impacts shall be included in
the interlocal agreement.
Objective 101.12
Monroe County shall ensure that sufficient acreage is available for utilities and public facilities,
required to support proposed development and redevelopment. [F.S. § 163.3177(6)(a)]
Policy 101.12.1
Monroe County, during the preparation of the Concurrency Management Report for water,
sewer, roads, parks and recreation and solid waste, shall coordinate with the utility providers
serving unincorporated Monroe County to determine the acreage and location of land needed to
accommodate projected service expansions.
Policy 101.12.2
Monroe County shall require that the following analyses be undertaken prior to finalizing plans
for the siting of any new County public facility, excluding electricity over which the Public
Services Commission of the State of Florida exercises jurisdiction, or the significant expansion
(greater than 25 percent) of an existing public facility, excluding electricity over which the Public
Services Commission of the State of Florida exercises jurisdiction:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the alternative sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural
resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate the
extent to which the proposed public facility involves public expenditures in the coastal high
hazard area and within environmentally sensitive areas, including disturbed salt marsh and
buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources
System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of
species considered to be threatened or endangered by the state and/or federal governments,
offshore islands, and designated Tier I areas.
Except for passive recreational facilities on publicly -owned land, no new public facilities other
than water distribution and sewer collection lines, pump/vacuum/lift stations, cluster systems, or
small package plants/treatment facilities shall be allowed within Tier I designated areas or Tier
III Special Protection Area unless it can be accomplished without clearing of hammock or
pinelands. Exceptions to this requirement may be made to protect the public health, safety, and
welfare, if all the following criteria are met:
1. No reasonable alternatives exist to the proposed location; and
2. The proposed location is approved by a supermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an
allowed clearing of up to 4.2 acres shall not be subject to this policy.
Policy 101.12.3
Monroe County shall coordinate the siting of new public facilities with the appropriate local, state
and federal agencies to resolve potential regulatory conflicts and ensure compliance with all
applicable state and federal regulations.
Objective 101.13
Monroe County shall maintain land development regulations which implement a Transferable
Development Rights (TDR) program.
Policy 101.13.1
Monroe County shall monitor the existing TDR program and maintain land development
regulations which address identified deficiencies in the program and evaluate the following:
1. criteria for designation of sender and receiver sites pursuant to Policy 101.13.3;
2. mechanisms to enhance the value and marketability of TDRs such as assigning density
bonuses to receiver sites;
3. the status of sites which have transferred development rights, including the possible
requirements that sender sites be dedicated as public or private open space through
conservation easement or other mechanism. The LDRs shall continue to require that a
restrictive covenant be recorded on the sender site deed at the time of the building permit
issuance for the receiver site; and
4. management and accounting system to track TDRs.
Policy 101.13.2
The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall
not exceed the maximum densities established in this Plan. TDRs may be utilized to attain the
density between the allocated density standard up to the maximum net density standard. Deed
restricted affordable dwelling units may be developed up to the maximum net density without
the use of TDRs. The assignment of TDRs to Big Pine Key, No Name Key, and North Key
Largo from other areas of the County shall be prohibited.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the following
transfer conditions:
Sender Site Criteria:
1. Property has development rights to transfer, and
2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's
Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the requested
use;
• Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for
transfer of development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.)
4. Located within a Tier III designated area; and
5. Is not located within a designated CBRS unit.
Objective 101.14
Monroe County shall maintain land development regulations which direct future growth away from
areas within the Coastal High Hazard Area (CHHA).
Policy 101.14.1
Monroe County shall discourage developments proposed within the CHHA.
Policy 101.14.2
Monroe County shall prohibit the placement of mobile homes within the CHHA except on an
approved lot within an existing mobile home park or URM Subdivision.
Objective 101.15
Monroe County shall enforce and maintain the existing sign regulations in order to maintain and
improve the visual character of the County and protect adjacent land uses.
Policy 101.15.1
Monroe County shall continue to eliminate illegal signage. Monroe County shall continue to
eliminate nonconforming signs if damaged more than fifty percent of the pre -destruction market
value of the sign.
Objective 101.16
Monroe County shall maintain guidelines and criteria consistent with nationally recognized standards
and tailored to local conditions which provide for safe and convenient on -site traffic flow, adequate
pedestrian ways and sidewalks, and sufficient on -site parking for both motorized and non -motorized
vehicles.
Policy 101.16.1
Monroe County shall maintain land development regulations which provide for safe and
convenient on -site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site
parking for both motorized and non -motorized vehicles.
Objective 101.17
Monroe County shall protect established rights of landowners affected by the provisions of this Plan
or the land development regulations; and, therefore adopts the following policies for the
determination of vested rights and beneficial use.
Policy 101.17.1
VESTED RIGHTS
1. Nothing in the Plan or the land development regulations shall be construed to affect
unexpired vested rights established by a prior vested rights determination of the County or
by a court of competent jurisdiction.
2. The land development regulations shall set forth standards and procedures for making
administrative determinations of vested rights, in accordance with applicable state and
federal law.
3. It shall be the duty and responsibility of a person alleging the existence of vested rights to
demonstrate affirmatively the legal requisites of vested rights, in accordance with the
standards and procedures in the land development regulations.
4. Property owners shall have one (1) year from the effective date of the Comprehensive Plan
or from a land development regulation, or an amendment thereto, to apply for a
determination of vested rights.
5. For purposes of this policy, a vested right is defined as a development right acquired by a
property owner where the owner (1) has relied in good faith (2) upon some representation,
act or omission of Monroe County and (3) has detrimentally changed his position based on
the reliance to the extent that it would be highly inequitable and unjust to destroy the right
he acquired. In determining or otherwise considering vested rights, the County may
consider all common law limitations and exceptions to the doctrine of vested rights.
Policy 101.17.2
A vested rights determination shall not preclude the County from subjecting the proposed
development to County land development regulations in effect on the date of the vested rights
determination or adopted subsequent to the vested rights determination unless the development
is shown to be vested with regard to the subject matter addressed by a prior development order
and the specific requirements pursuant to the procedures and criteria of 101.17.1.
Policy 101.17.3
A vested rights determination shall specify an expiration date by which all building permits
necessary for development shall have been issued. The expiration date shall be reasonable and
in no event later than the date specified in the original development order.
Policy
BENEFICIAL USE
101.17.4
It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the
LDC shall result in an unconstitutional taking of private property. Accordingly, Monroe
County shall adopt a beneficial use procedure to provide a means to resolve a landowner's
claim that a land development regulation or comprehensive plan policy has had an
unconstitutional effect on property in a nonjudicial forum. For the purpose of this policy,
beneficial use shall mean the minimum use of the property necessary to avoid the finding
of a regulatory taking under current land use case law.
2. The relief to which an owner shall be entitled may be provided through the use of one or a
combination of the following:
a) granting of a permit for development which shall be deducted from the Permit
Allocation System;
b) granting of use of transferable development rights (TDRs);
c) Government purchase offer of all or a portion of the lots or parcels upon which there is
no beneficial use. This alternative shall be the preferred alternative when beneficial
use has been deprived by application of Chapter 138 of the Land Development Code.
This alternative shall be the preferred alternative for Tier I, 11, or III-A(SPA) lands;
d) such other relief as the County may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid the finding of a regulatory
taking of the property under state and federal law. With respect to the relief granted
pursuant to this policy or Policy 101.7.1 (Administrative Relief), a purchase offer shall be
the preferred form of relief for any land within Tier I and Tier 11, or Tier 111-A (SPA).
3. Development approved pursuant to a beneficial use determination shall be consistent with
all other objectives and policies of the Plan and LDC unless specifically exempted from
such requirements in the final beneficial use determination.
4. This policy is not intended to provide relief related to regulations promulgated by agencies
other than the county or to provide relief for claims that are not cognizable in court at the
time of application of this policy. Further, the procedures established for this policy are not
intended, nor do they create, a judicial cause of action.
5. The land development regulations shall establish standards, procedures, and remedies for
an administrative determination of beneficial use.
Objective 101.18
Monroe County recognizes that there presently exists a significant excess of platted residential
subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic
circulation, water quality and marine resources, and other level of service standards. The County
further recognizes that lot owners who are unaware that they will be subject to the County's land
development regulations may have unrealistic expectations concerning their ability to receive
building permits. In order to avoid, to the extent possible, further unrealistic development
expectations, Monroe County shall not approve a preliminary or final plat unless development of the
plat would meet all of the requirements of Monroe County's land development regulations, and shall
not exceed the maximum density of the future land use category or the land use district, whichever is
less. Monroe County shall limit its approval of plats to those which only create buildable lots; areas of
wetlands may be included in a plat as conservation areas.
Policy 101.18.1
The County shall not approve plats for residential use unless a review of the proposed plat
shows that the plat will meet all requirements of the comprehensive plan and land development
regulations.
Policy 101.18.2
Monroe County shall require that, upon approval, all plats include the following notice:
NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS
Purchase of a platted lot shown hereon confers no right to build any structure on such lot, nor to
use the lot for any particular purpose, nor to develop the lot. The development or use of each lot
is subject to, and restricted by, the goals, objectives, and policies of the adopted comprehensive
plan and land development regulations implementing the plan; therefore, no building permits
shall be issued by the County unless the proposed development complies with the
comprehensive plan and land development regulations.
Policy 101.18.3
Within the IS, IS-D, URM, URM-L and CFV land use districts (zoning), parcels platted as of
September 15, 1986 shall not be further subdivided in a way that creates more net lots than the
original plat.
Objective 101.19
Monroe County shall address local community needs while balancing the needs of all Monroe
County communities. These efforts shall focus on the human crafted environment and shall be
undertaken through the Livable CommuniKeys Planning Program.
Policy 101.19.1
Monroe County shall develop, maintain, and update periodically, as appropriate, with public
input, the Livable CommuniKeys Community Master Plans. Community Master Plans will be
maintained in accordance with the following principles:
1. Each Community Master Plan will contain a framework for future development and
redevelopment including the designation of growth boundaries and future acquisition areas
for public spaces and environmental conservation;
2. Each Community Master Plan will include an Implementation Strategy composed of action
items, an implementation schedule, and a monitoring mechanism to provide accountability
to communities;
3. Each Community Master Plan will be consistent with existing Federal and State
requirements and overall goals of the 2030 Comprehensive Plan to ensure legal
requirements are met. While consistency with the goals of the 2030 Comprehensive Plan is
paramount, the 2030 Plan will be updated and amended where appropriate;
4. Each Community Master Plan will be closely coordinated with other community plans and
other jurisdictions to ensure development or redevelopment activities will not adversely
impact those areas;
5. Each Community Master Plan will include appropriate mechanisms allowing citizens
continued oversight and involvement in the implementation of their plans. Through the
Community Master Plans, programs for ongoing public involvement, outreach, and
education will be developed;
6. Each Community Master Plan will include a Capital Improvements program to provide
certainty that the provision of public facilities will be concurrent with future development;
7. Each Community Master Plan will contain an environmental protection element to maintain
existing high levels of environmental protection as required in the 2030 Comprehensive
Plan;
8. Each Community Master Plan will include a community character element that will address
the protection and enhancement of existing residential areas and the preservation of
community character through site and building guidelines. Design guidelines for public
spaces, landscaping, streetscaping, buildings, parking lots, and other areas will be
developed through collaborative efforts of citizens, the Planning Department, and design
professionals reinforcing the character of the local community context;
9. Each Community Master Plan will include an economic development element addressing
current and potential diversified economic development strategies including tourism
management. The preservation and retention of valued local businesses, existing
economies, and the development of economic alternatives will be encouraged through the
process;
10. Each Community Master Plan will contain a Transportation Element addressing
transportation needs and possibilities including circulation, safe and convenient access to
goods and services, and transportation alternatives that will be consistent with the overall
integrity of the transportation system not resulting in negative consequences for other
communities; and
11. Each Community Master Plan will be based on knowledge of existing conditions in each
community. The Planning Department will compile existing reports, databases, maps, field
data, and information from other sources supplemented by community input to document
current conditions; and
12. Each Community Master Plan will simplify the planning process providing clarity and
certainty for citizens, developers, and local officials by providing a transparent framework
for a continuing open dialogue with different participants involved in planning issues.
Policy 101.19.2
The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a
part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined in this
section and adopted by the Board of County Commissioners:
The Master Plan for Future Development of Big Pine Key and No Name Key, dated August
2004 and adopted by the Board of County Commissioners on August 18, 2004 is
incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the
Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term
Action Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous. Adopted by Ordinance 029-2004. Amended by
Ordinance 020-2009.
2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated
February 11, 2005 and adopted by the Board of County Commissioners on February 16,
2005 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies
in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and the
term Action Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous. Adopted by Ordinance 002-2005.
3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by
reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green
checkmark in this Master Plan have been adopted and approved as equivalent to the term
Objectives in the Comprehensive Plan. Only the Action Items denoted with a green
checkmark in this Master Plan have been adopted equivalent to the term Policy in the
Comprehensive Plan. Strategies and Action Items without a green checkmark next to them
are not considered to be consistent with the definitions of "Objective" and "Policy" and
therefore do not serve as equivalents. Adopted by Ordinance 010-2007.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan
titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated
November 2005 and incorporated by reference into the 2010 Comprehensive Plan. Only
the Strategies denoted with a green checkmark in this Master Plan have been adopted and
approved as equivalent to the term Objectives in the Comprehensive Plan. Only the Action
Items denoted with a green checkmark in this Master Plan have been adopted equivalent
to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
checkmark next to them are not considered to be consistent with the definitions of
"Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance
011-2007.
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the
2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this
Master Plan have been adopted and approved as equivalent to the term Objectives in the
Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master
Plan have been adopted equivalent to the term Policy in the Comprehensive Plan.
Strategies and Action Items without a green checkmark next to them are not considered to
be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as
equivalents. Adopted by Ordinance 012-2007.
6. Lower Keys: The Lower Keys Livable CommuniKeys Master Plan is incorporated by
reference into the Monroe County Comprehensive Plan. Adopted By Ordinance 031-2012.
GOAL 102
Monroe County shall direct future growth to lands which are most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
tropical hardwood hammock). [F.S. § 163.3177(6)(a)]
Objective 102.1
Monroe County shall require new development to comply with environmental standards and
environmental design criteria which will protect wetlands, native upland vegetation and beach/berm
areas.
Policy 102.1.1
The County shall protect submerged lands and wetlands. The open space requirement shall be
one hundred (100) percent of the following types of wetlands:
1. submerged lands
2. mangroves
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable development
rights (TDRs) away from these habitats. Submerged lands, salt ponds, freshwater ponds, and
mangroves shall not be assigned any density or intensity.
Objective 102.2
Monroe County shall maintain Environmental Standards (Section 118-1) and Environmental Design
Criteria (Section 118-6) of the Land Development Code. These regulations will require new
development to further protect wetlands, native upland vegetation and beach/berm areas.
Policy 102.2.1
Monroe County shall maintain environmental standards and environmental design criteria as
indicated in Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of
disturbed wetlands. Mitigation for wetland impacts shall be in accordance with State
requirements. In instances where mitigation is required by the U.S. Army Corps of Engineers
but not by FDEP or SFWMD, Federal mitigation requirements shall apply.
Policy 102.2.2
Monroe County shall maintain environmental standards and environmental design criteria as
indicated in policies adopted pursuant to Conservation and Coastal Management Objective
205.2 that protects native upland vegetation and promotes restoration of habitat values of native
upland communities, including hardwood hammocks and pinelands.
Policy 102.2.3
Monroe County shall maintain environmental standards and environmental design criteria as
indicated in policies adopted pursuant to Conservation and Coastal Management Objective
210.1 that will protect beach/berm resources by addressing permitted uses, siting of structures,
disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm
areas.
Objective 102.3
Monroe County shall maintain land development regulations which will direct new development to
areas having appropriate topography and soil conditions and to where site disturbance and man's
activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural Iandforms
and marine resources. [F.S. § 163.3177(6)(a)3.e.]
Policy 102.3.1
The Permit Allocation System (See Future Land Use Objectives 101.6 and related policies)
shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on nearshore waters;
5. to protect environmentally sensitive lands appropriate for conservation and resource
protection;
6. to encourage infill development where existing lands are already substantially developed,
served by complete infrastructure facilities and within close proximity to established
commercial areas and that do not contain significant areas of wetlands or native upland
plant communities;
7. to ensure that the ecological integrity of natural areas is protected when land is developed;
8. to steer growth to the most appropriate areas and away from inappropriate areas; and
9. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation of
permits, shall assign negative and/or positive points to development applications that help to
achieve the above environmental protection goals. (See Future Land Use Objective 101.6 and
related policies for a list of positive and negative factors to be included in the Permit Allocation
System.)
Policy 102.3.2
Monroe County shall require development clustering so as to avoid impacts on sensitive
habitats and to provide for the preservation of all required open space in a contiguous, non -
fragmented condition by requiring the following:
1. when a parcel proposed for development contains more than one (1) habitat type, all
development shall be clustered on the least sensitive portion(s) of the parcel: and
2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within
that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3).
[F.S. § 163.3177(6)(a)]
Objective 102.4
Monroe County shall maintain a Land Acquisition Master Plan containing strategies for securing
funding and containing non -purchase options and strategies.
Policy 102.4.1
The Monroe County Land Acquisition Master Plan shall be maintained and implemented by the
Monroe County Land Authority in cooperation with the Growth Management Division and other
responsible federal and state agencies. Monroe County shall encourage the State to target the
acquisition of Tier I designated lands within the state's acquisition boundaries. Monroe County
shall encourage the federal government to target the acquisition of lands containing suitable
habitat for species listed under the Endangered Species Act.
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify the types of lands which
shall be considered for acquisition. These shall include the following priorities for acquisition:
Priority One*
• Lands designated as Tier I (Natural Areas)
• Lower Keys marsh rabbit habitat and buffer area, as adopted with the Big Pine Key & No
Name Key (BPK/NNK) Habitat Conservation Plan (Figure 2.2) and Incidental Take Permit
• Lands containing known populations of federally -designated wildlife species
Priority Two*
• Lands designated as Tier II (BPK/NNK)
• Lands designated as Tier III -A
• Lands designated as Tier III for the retirement of development rights & hurricane evacuation
clearance times
• Lower Keys marsh rabbit focus area & buffer (excluding BPK/NNK) ' (Permit Referral
Process required by USFWS and FEMA)
• Silver rice rat focus area & buffer' (Permit Referral Process required by USFWS and FEMA)
Priority Three*
• Lands designated as Tier III for employee and affordable housing
• Lands with areas of deteriorated infrastructure where the cost of maintaining and/or repairing
the infrastructure exceeds the value of private lands (developed or undeveloped)
• Lands for potential recreational/park development & expansion (public access)
• Lands within the FEMA W" Zones (purchase parcels within V Zone to encourage growth
away from more vulnerable areas) [see NOTE]
Priority Four*
• Key Largo wood rat & cotton mouse buffer areas ' (Permit Referral Process required by
USFWS and FEMA)
• Adaptation action area 2 or lands in more "interior' locations for transitioning public facilities &
directing development [see NOTE]
• Lands within the Coastal High Hazard Area (CHHA) 3
• Lands subject to saltwater inundation under the assumption of 3 inches to and 7 inches by
2030 [see NOTE]
Criteria for the ranking of land acquisitions within the four priority areas shall include:
1) Consideration of the carrying capacity of the natural and man-made systems in the Florida
Keys to continually accommodate further development; including hurricane evacuation
clearance times.
2) The size and the location of the property and surrounding land uses, including
management status (adjacent ownership, consolidation of parcels for management
feasibility, maintenance costs, diversity of habitats, and the provision of habitat buffers).
3) The habitat type on the property with preference given to:
a. Hardwood hammock & pinelands (upland habitats)
b. Undisturbed wetlands
c. Disturbed wetlands
4) Minimization of fragmentation of habitats (edge effect) and potential for successful
restoration, if within a larger hammock area.
5) Percent of land surrounding the property that is already under public ownership.
United States Federal Emergency Management Agency (FEMA) and United States Fish and
Wildlife Service (FWS) required Monroe County to implement Permit Referral Process (PRP) to
avoid impacts on federally listed (threatened or endangered) species. Focus and buffer areas
are areas of potentially suitable habitat for nine federally protected species (Eastern indigo
snake, Key deer, Key Largo cotton mouse, Key Largo woodrat, Key tree cactus, Lower Keys
marsh rabbit, Schaus swallowtail butterfly, silver rice rat, and Stock Island tree snail), as defined
within the Biological Opinion issued by FWS on April 30, 2010.
2 Adaptation action area means one or more areas that experience coastal flooding due to
extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea
levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning.
3 The Coastal High -Hazard Area is the area below the elevation of the category 1 storm surge
line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH)
computerized storm surge model.
* Priorities will be reevaluated for recently federally listed species
NOTE: It should be noted that the science examining the impacts of climate change and sea
level rise is still evolving and the County may want to consider postponing the acquisition
priorities on this issue until a future date.
Policy 102.4.3
Monroe County shall maintain and implement a land acquisition program in recognition of the
critical need for the County to aggressively address the imbalance between development
expectations of private property owners and the finite carrying capacity of the natural and man-
made systems in the Florida Keys. Pursuant to Section 380.0552, F.S. and Rule 28-20.140,
F.A.C., this policy recognizes the public safety concern of maintaining a maximum hurricane
evacuation clearance time of 24 hours.
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan
which identifies sources of funding for acquisition of lands on the Priority List. Land acquisition
will be a coordinated effort between the state and federal governments and the County. The
County shall annually petition the state and federal government to accept primary responsibility
for acquisition of Tier I, conservation and natural lands and lands containing species listed
under the Endangered Species Act. Monroe County shall support the efforts of federal
agencies, state agencies, and private non-profit conservation organizations, to acquire land for
conservation purposes.
Policy 102.4.5
Lands acquired through the Monroe County Land Acquisition Program shall be managed to
restore, preserve, and protect the conservation, recreation, safety, hazard reduction, density
reduction and affordability purposes for which the lands were acquired. (See Recreation and
Open Space Objective 1201.7 and related policies.)
Policy 102.4.6
Within one year of the adoption of the 2030 Comprehensive Plan, Monroe County, in
cooperation with the Land Authority, shall create a program to provide a monetary incentive to
private property owners to deed restrict their privately -owned adjacent, vacant parcels to restrict
residential development on the vacant parcels.
Objective 102.5
Development of the mainland area of Monroe County shall be controlled so as to reduce public
expenditures and to preserve the natural, cultural and historic resources of the mainland area. [F.S.
§ 163.3177(6)(a)3.f.]
Policy 102.5.1
Monroe County shall maintain land development regulations pertaining to the Mainland Native
Area District which:
1. prohibit construction of any roads or canals in mainland Monroe County that would permit
new access into the mainland wilderness area or would alter the natural flow regimes of
the Everglades or Big Cypress Swamp; and
2. prohibit development that would introduce human activities or habitations into the
undisturbed portions of Everglades National Park or Big Cypress Swamp National
Preserve. [F.S. § 163.3177(6)(a)3.f.]
Objective 102.6
Monroe County shall regulate land use activities on offshore islands within the legal boundaries of
Monroe County. [F.S. § 163.3177(6)(a)3.f.]
Policy 102.6.1
Within one (1) year of the adoption of the Plan, Monroe County shall adopt land development
regulations which will further restrict the activities permitted on offshore islands. These shall
include the following:
1. development shall be prohibited on offshore islands (including spoil islands) which have
been documented as an established bird rookery or nesting area based on resource
agency best available data or surveys (See Conservation and Coastal Management Policy
206.1.2. );
2. new resource extraction pits shall be prohibited on offshore islands;
3. campgrounds and marinas shall not be permitted on offshore islands; however, temporary
primitive camping by the owner, in which no land clearing or other alteration of the island
occurs, shall be the only use of an offshore island which may occur without necessity of a
permit;
4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses,
motorcycles, all -terrain vehicles and golf carts shall be prohibited on offshore islands that
do not contain any development;
5. planting with native vegetation shall be encouraged whenever possible on spoil islands;
and
6. County public facilities and services, excluding electricity over which the Public Services
Commission of the State of Florida exercises jurisdiction, shall not be extended to offshore
islands. The extension of public facilities shall be required to comply with Policy 101.12.2.
Policy 102.6.2
Monroe County shall discourage developments proposed on offshore islands by methods
including, but not limited to, designating offshore islands as Tier I Lands.
Objective 102.7
Monroe County shall take actions to discourage new private development in areas designated as
units of the Coastal Barrier Resources System (CBRS).
Policy 102.7.1
Monroe County shall discourage new developments which are proposed in units of the CBRS,
including the assignment of negative points in the permit allocation system.
Policy 102.7.2
Monroe County shall not create new access via new bridges, new causeways, new paved roads
or new commercial marinas to or on units of the CBRS. This does not preclude the
maintenance, repair and replacement of existing bridges, causeways, paved roads and lawful
commercial marinas.
Policy 102.7.3
Shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be
permitted along shorelines of CBRS units.
Policy 102.7.4
Privately -owned undeveloped land located within the CBRS units shall be considered for
acquisition by Monroe County for conservation purposes.
Policy 102.7.5
Monroe County shall discourage the extension of public facilities and services provided by the
FKAA and private providers of electricity and telephone service to undeveloped CBRS units by
providing each of the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources
System published by the U.S. Department of the Interior, Coastal Barriers Study Group,
which specifies restrictions to federally subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private and public
investment in CBRS units.
Objective 102.8
Together with other responsible state and federal agencies, Monroe County shall continue to
implement a cooperative land management program for publicly owned conservation lands. [F.S. §
163.3177(6)(a)3.f.]
Policy 102.8.1
Monroe County shall discourage developments which are proposed in Tier I through the permit
allocation system and the LDC.
Policy 102.8.2
Monroe County, in cooperation with appropriate state and/or federal agencies, shall continue to
develop overall management strategies for publicly owned conservation lands. Changes in
specific management strategies may be modified as acquisitions continue and new information
becomes available through biological research or monitoring.
GOAL 103
Monroe County shall implement regulations and programs to address the special environmental
protection and/or traffic circulation needs of those areas of Big Pine Key, and North Key Largo. [F.S. §
163.3177(6)(a)3.f.]
Objective 103.1
Monroe County shall regulate future development and coordinate the provision of public facilities on
Big Pine Key and No Name Key, consistent with the Goals, Objectives, and Policies of this
Comprehensive Plan, the Livable CommuniKeys Master Plan and the Habitat Conservation Plan, for
Big Pine Key and No Name Key in order to:
1. protect the Key deer (Odocoileus virginianus clavium);
2. preserve and enhance the habitat of the Key deer;
3. limit the number of additional vehicular trips from other islands to Big Pine Key and No
Name Key;
4. maintain the rural, suburban, and open space character of Big Pine Key and No Name
Key; and
5. prevent and reduce adverse secondary and cumulative impacts on Key deer.
Policy 103.1.1
Monroe County shall identify Key deer habitat areas as acquisition sites for conservation
purposes, pursuant to Policy 102.4.2. Emphasis shall be placed upon acquisition of movement
corridors, sources of fresh water, and undisturbed native vegetation areas which are located
within Improved Subdivisions and which are outside of the acquisition areas identified by the
USFWS (for the National Key Deer Refuge), FDEP (for the Coupon Bight CARL Project), and
SFWMD (for the Big Pine Key Save Our Rivers project). (See Objective 102.4 and related
policies.)
Policy 103.1.2
Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies,
and private non-profit conservation organizations, to acquire land for conservation purposes
within habitat areas of the Key deer.
Policy 103.1.3
Monroe County, in conjunction with the USFWS, shall implement activities to prohibit the
destruction of the federally -designated endangered Key deer and to protect its habitat by
addressing:
1. enforcement of animal control laws;
2. incorporation of management guidelines into development orders;
3. construction of fences;
4. roadside management techniques;
5. feeding laws;
6. speed limit enforcement;
7. removal of invasive plants;
8. distribution of management guidelines to private landowners;
9. attainment of Key deer management objectives; (See Conservation and Coastal
Management Objective 206.4 and supporting policies.) and
10. secondary and cumulative impacts by, among other things, adopting and implementing
appropriate land development regulations.
Objective 103.2
Monroe County, in coordination with the USFWS, shall regulate future development and coordinate
the provision of public facilities in North Key Largo consistent with the Goals, Objectives and Policies
of this Comprehensive Plan in order to maintain the rural and open space character of North Key
Largo, as well as to preserve and enhance the habitat of animals listed as endangered under the
Endangered Species Act, including, but not limited to the American crocodile ( Crocodylus acutus ),
the Key Largo wood rat ( Neotoma floridana smalli ), the Key Largo cotton mouse ( Peromyscus
gossypinus allapaticola ), and the Schaus swallowtail butterfly ( Heraclides aristodemus ponceanus
). North Key Largo is defined as that portion of Key Largo Located between the junction of State
Road 905 and U.S. Highway 1 and the Miami -Dade County boundary at Angelfish Creek. [F.S. §
163.3177(6)(a)3.f.]
Policy 103.2.1
Monroe County shall implement methods including, but not limited to, designating known habitat
of the Schaus swallowtail butterfly as Tier I. [F.S. § 163.3177(6)(a)3.f.]
Policy 103.2.2
Monroe County shall maintain land development regulations pertaining to development siting
and clustering so as to avoid impacts to sensitive habitat and to provide for the retention of
contiguous open space by requiring the following:
1. when a parcel proposed for development contains more than one (1) habitat type, all
development shall be clustered on the least sensitive portion(s) of the parcel (as is
currently required); and
2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within
that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3.)
Policy 103.2.3
Monroe County shall require that the following analyses be undertaken prior to finalizing plans
for the siting of any new public facilities, excluding electricity over which the Public Services
Commission of the State of Florida exercises jurisdiction, or the significant expansion (greater
than 25 percent) of existing public facilities, excluding electricity over which the Public Services
Commission of the State of Florida exercises jurisdiction:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the selected sites; and
3. assessment of impacts on surrounding land uses and natural resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate the
extent to which the proposed public facility involves public expenditures in the coastal high
hazard area and within environmentally sensitive areas, including disturbed salt marsh and
buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal Barrier Resources
System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of
species considered to be threatened or endangered by the state and/or federal governments,
offshore islands, and Conservation Land Protection Areas.
Monroe County shall require that public facilities be developed on the least environmentally
sensitive lands and shall discourage the location of public facilities on North Key Largo, unless
no feasible alternative exists and such facilities are required to protect the public health, safety,
or welfare.
Policy 103.2.4
Monroe County shall implement activities to protect the habitat and prohibit the destruction of
the:
1. American crocodile (See Conservation and Coastal Management Objective 206.5 and
supporting policies);
2. Schaus swallowtail butterfly (See Conservation and Coastal Management Objective 206.7
and related policies);
3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and Coastal
Management Objective 206.9 and related policies.); and
4. known locations of Stock Island tree snail (See Conservation and Coastal Management
Objective 206.8 and related policies). [F.S. § 163.3177(6)(a)3.f.]
Policy 103.2.5
Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly
and the Key Largo wood rat and the Key Largo cotton mouse as acquisition sites for
conservation purposes, pursuant to Policy 102.4.2 . Emphasis shall be placed upon acquisition
of native upland sites which are located within Improved Subdivisions and which are outside of
the acquisition areas identified by other resource agencies.
Policy 103.2.6
Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies,
and private non-profit conservation organizations, to acquire land for conservation purposes
within North Key Largo. [F.S. § 163.3177(6)(a)3.f.]
Policy 103.2.7
Monroe County shall take immediate actions to discourage private development in areas
designated as units of the CBRS. (See Objective 102.7 and related policies.)
Policy 103.2.8
Monroe County, in conjunction with the USFWS, shall implement activities to prohibit the
destruction of the federally -designated threatened and endangered species and to protect its
habitat by addressing:
1. enforcement of animal control laws;
2. construction of fences;
3. roadside management techniques;
4. feeding laws;
5. speed limit enforcement;
6. removal of invasive plants;
7. distribution of management guidelines to private landowners; and
8. attainment of endangered species management objectives
GOAL 104
Monroe County shall recognize, designate, protect, and preserve its historic resources. [F.S. §
163.3177(6)(a)3.f.]
Objective 104.1
Monroe County shall maintain a comprehensive inventory of historical and archaeological resources
within unincorporated Monroe County.
Policy 104.1.1
The Monroe County Growth Management Division shall maintain an inventory of all known
historical and archaeological resources through use of the Florida Master Site File maintained
by Florida's Division of Historical Resources, as documented in the "Future Land Use Element"
of the Monroe County Comprehensive Plan Technical Document Update, May 2010.
Policy 104.1.2
The Monroe County Growth Management Division shall update the inventory of historical and
archaeological resources as new historical and archaeological resources are identified, by
completing and submitting necessary documentation to the Division of Historical Resources for
new resources' inclusion in the Florida Master Site File. Landowners and other interested
parties may also add historical and archaeological resources to the inventory.
Objective 104.2
Monroe County shall formally recognize significant historical and archaeological resources by
designating them as local historic, cultural and/or archaeological landmarks/districts on the Florida
Keys Historic Register and/or supporting the nomination of appropriate resources to the National
Register of Historic Places.
Flo ity'764.2'7'
Monroe County shall maintain land development regulations which define the procedures for
designating resources as local historic, cultural and archaeological landmarks/districts on the
Florida Keys Historic Register. The Land Development Code shall:
1. authorize a Florida Keys Historic Register to which local historic, cultural and
archaeological landmarks/districts are named;
2. authorize a review committee and provide for an historic/archaeological review of
resources nominated to the Florida Keys Historic Register;
3. list the criteria and procedure for selecting a review committee;
4. specify criteria and procedures for designating significant historic and archaeological
resources as local historic, cultural and archaeological landmarks on the Florida Keys
Historic Register, guided by the criteria for designation to the National Register of Historic
Places;
5. include procedures for designation of local historic districts and Historic (H) overlay zones
on the FLUM; and
6. provide for the documentation and protection of sites which are not designated as local
historic, cultural and archaeological landmarks but are discovered through the
development process or otherwise discovered.
Policy 104.2.2
Annually, all historical and archaeological resources that are listed on the National Register of
Historic Places shall be considered by the review committee for designation as local historic,
cultural and/or archaeological landmarks on the Florida Keys Historic Register.
Policy 104.2.3
The Monroe County Growth Management Division shall provide information and technical
assistance to property owners who wish to prepare nominations to the Florida Keys Historic
Register.
Policy 104.2.4
Monroe County may nominate or support nominations of additional historic resources to the
National Register of Historic Places as needed. [F.S. § 163.3177(6)(a)3.f.]
Objective 104.3
Monroe County shall adopt and implement measures for the protection and preservation of
designated local historic, cultural and archaeological landmarks/districts.
Policy 104.3.1
Monroe County shall maintain land development regulations that provide protection for
designated local historic, cultural and archaeological landmarks/districts listed on the Florida
Keys Historic Register. The adopted LDC shall:
1. authorize a historic/archaeological review board to review development proposals which
impact designated local historic, cultural and archaeological landmarks/districts;
2. list the qualifications and selection criteria for review board members;
3. specify the restrictions on archaeological sites resulting from local designation. Establish
standards to address the siting and design of proposed developments to minimize impacts
on archaeological resources, and the proper documentation and recording of the site
including retrieving of artifacts;
4. specify the restrictions on the demolition and alteration of historic structures resulting from
local designation. Establish standards to evaluate alterations to historic structures which
are consistent with the U.S. Department of the Interior's "Standards for Rehabilitation";
5. specify the restrictions on historic districts resulting from local designation. Establish
exterior architectural standards to evaluate development proposals within designated
historic districts with the intent of encouraging compatibility with the architectural features
of historic significance to the particular district;
6. establish a procedure for reviewing development and redevelopment proposals which
impact designated local historic, cultural and archaeological landmarks/districts;
7. specify procedures where development activities uncover unknown archaeological
resources;
8. provide procedures for enforcement and consequences of non-compliance;
9. provide incentives such as transfer of development rights, tax credits, tax relief, special
property tax assessments, building code waivers, building application fee exemptions,
zoning variances, and FEMA exemptions to encourage the conservation and rehabilitation
of privately -owned designated local historic, cultural or archaeological landmarks; and
10. specify permitting and review procedures that reconcile redevelopment of designated
local historic, cultural and archaeological landmarks with their potential nonconforming
status.
Policy 104.3.2
Monroe County shall establish architectural guidelines for each designated historic district listed
on the Florida Keys Historic Register. These guidelines shall be drafted by the nominating
agency, and shall be approved by a qualified historic preservation professional. The guidelines
shall be reviewed and approved by Monroe County within one year of acceptance of the district
on the Florida Keys Historic Register.
Objective 104.4
Monroe County shall adopt and implement measures for the protection and preservation of historic
resources on public lands. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.4.1
Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the renovation and
use of the County -owned island retains the historical and architectural character of the site, and
allows a reasonable amount of public access.
Policy 104.4.2
Monroe County shall coordinate with county, state and federal agencies to identify, monitor and
protect historic resources located on public lands (See Future Land Use Objective 102.8 and
related policies). [F.S. § 163.3177(6)(a)3.f.]
Policy 104.4.3
Development plans on County -owned lands which contain designated local historic, cultural and
archaeological landmarks listed on the Florida Keys Historic Register shall be subject to review
by the historic/archaeological review board established pursuant to Policy 104.3.1(1). [F.S. §
163.3177(6)(a)3.f.]
Policy 104.4.4
Monroe County shall increase its participation in the resource planning of federal and state
owned parks, wildlife refuges, military installations and other state or federal properties. Monroe
County shall review resource plans, development plans and master plans prepared for these
areas, evaluate impacts on historic resources, and submit comments to the appropriate
agencies. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.4.5
Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or any
other County -owned local historic, cultural or archaeological landmark designated on the Local
or National Register:
1. conform, at a minimum, to the Secretary of the Interior's Standards for Rehabilitation for
any permanent or temporary development of the site; and
2. retain the historical, architectural, and/or archaeological integrity of the site, as approved by
a professional who meets the appropriate Professional Qualifications specified in the Code
of Federal Regulations, Section 61, Number 36. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.4.6
Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural
guidelines for this National Register Historic District.
Objective 104.5
Monroe County shall seek to increase public awareness and appreciation of the historic resources
and historic preservation activities in the County. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.5.1
Monroe County shall coordinate with the following organizations and individuals to identify
opportunities forjoint public education and funding efforts:
1. Local preservation groups in unincorporated Monroe County;
2. The Key West historic preservation planner and other historic preservation leaders;
3. Historic Florida Keys Foundation;
4. Federal agencies including the National Park Service, U.S. Fish and Wildlife Service, and
N OAA;
5. State Agencies including the FDEP Division of Parks and Recreation, and Division of
Historical Resources;
6. Florida Trust for Historic Preservation;
7. Monroe County School Board; and
8. Local libraries.
Policy 104.5.2
Monroe County shall continue to seek funding from the Tourist Development Council to create
and implement a historic marker program and a historic map/guide to increase public
awareness and appreciation of the County's history and historic resources.
Policy 104.5.3
Monroe County shall promote public knowledge of local, state and federal programs and
incentives designed to assist owners of historic properties. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.5.4
Monroe County shall identify community leaders with an interest in historic preservation and
provide technical assistance for the formation of new citizen -based historic preservation groups.
These groups will aid the County in generating interest and raising funds for local historic
preservation activities.
Objective 104.6
Monroe County shall coordinate with public agencies and non-profit organizations to protect,
preserve and increase awareness of historic resources. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.6.1
Monroe County shall involve local historic preservation groups in the planning process. The
County will apprise groups of historic preservation planning efforts, request their comments and
solicit their support.
Policy 104.6.2
Monroe County shall include archaeological sites identified by local historic preservation groups
on the priority list of Natural Heritage and Park acquisition sites.
Policy 104.6.3
Monroe County shall encourage and facilitate acquisition of historic sites suitable for cultural,
tourism, recreation or conservation uses by federal, state and local agencies, non-profit historic
preservation groups, and non-profit conservation organizations.
Policy 104.6.4
Monroe County shall assist property owners of historically or architecturally significant
structures in applying for and utilizing state and federal assistance programs.
GOAL 105
Monroe County shall maintain a comprehensive land acquisition program and smart growth initiatives in
conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for
new development in the Florida Keys by providing economic and housing opportunities for residents
without compromising the biodiversity of the natural environment and the continued ability of the natural
and man-made systems to sustain livable communities in the Florida Keys for future generations.
Objective 105.1
Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable
CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
processes to preserve the natural environment, maintain and enhance the community character and
quality of life, redevelop blighted commercial and residential areas, remove barriers to design
concepts, reduce sprawl, and direct future growth to appropriate infill areas. [F.S. §
163.3177(6)(a)2.e.]
Policy 105.1.1
Monroe County shall create an economic development framework for a sustainable visitor -
based economy, not dependent on growth in the absolute numbers of tourists that respects the
unique character and outdoor recreational opportunities available in the Florida Keys. Within
three (3) years after the adoption of the 2030 Comprehensive Plan, the County will, with input
from the business community and other stakeholders, develop an Economic Sustainability
Element, which focuses upon and promotes redevelopment, considers the increasing cost of
climate adaptation and the protection of property.
Policy 105.1.2
Monroe County shall enforce the design guidelines established within the Livable
CommuniKeys Plans and its land development regulations which 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.
Policy 105.1.3
Monroe County shall, through its development standards and Land Development Code,
continue to foster the retention and redevelopment of small businesses on the U.S.1.
Policy 105.1.4
Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall
prepare redevelopment standards and within one year afterwards, shall amend the LDC to
address the large number of nonconforming commercial structures that are non -compliant as to
on -site parking, construction and shoreline setbacks, stormwater management, landscaping and
buffers. By identifying the existing character and constraints of the different island communities,
regulations can be adopted that provide incentives for redevelopment and permit the
continuance of businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall maintain a residential permit allocation system that directs the
preponderance of future residential development to areas designated as Tier III in accordance
with Policy 105.6.4.
Objective 105.2
Monroe County shall maintain, with assistance of the state and federal governments, a 20-year Land
Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire development
rights on privately -owned vacant lands to limit further sprawl and equitably balance the rights of
property owners with the long-term sustainability of the Keys man-made and natural systems; and, 3)
secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of
the carrying capacity of the natural and man-made systems in the Florida Keys to continually
accommodate further development and the need for the significant expansion of the public
acquisition of vacant developable lands and development rights to equitably balance the rights and
expectations of property owners. This includes the recognition that Monroe County must ensure
public safety through the ability to maintain a 24-hour hurricane evacuation clearance time.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County, except for the
Ocean Reef planned development, into three general categories for purposes of its Land
Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction
Area (Tier 11) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes,
general characteristics, and growth management approaches associated with each tier are as
follows:
Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the
land area is characterized as environmentally sensitive by the policies of this Plan and
applicable habitat conservation plan, is to be designated as a Natural Area. New
development on vacant land is to be severely restricted and privately owned vacant lands
are to be acquired or development rights retired for resource conservation and passive
recreation purposes. However, this does not preclude provisions of infrastructure for
existing development. Within the Natural Area designation are typically found lands within
the acquisition boundaries of federal and state resource conservation and park areas,
including isolated platted subdivisions; and privately -owned vacant lands with sensitive
environmental features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier 11): Any defined geographic area on Big Pine
Key and No Name Key, where scattered groups and fragments of environmentally
sensitive lands, as defined by this Plan, may be found and where existing platted
subdivisions are not predominately developed, not served by complete infrastructure
facilities, or not within close proximity to established commercial areas, is to be designated
as a Transition and Sprawl Reduction Area. New development is to be discouraged and
privately owned vacant lands acquired or development rights retired to reduce sprawl,
ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment
on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically
found: scattered small nonresidential development and platted subdivisions with less than
50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable
water, or electricity; and scattered clusters of environmentally sensitive lands, some of
which are within or in close proximity to existing platted subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is
not characterized as environmentally sensitive as defined by this Plan, except for
dispersed and isolated fragments of environmentally sensitive lands of less than four acres
in area, where existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established commercial
areas, or where a concentration of nonresidential uses exists, is to be designated as an
Infill Area. New development and redevelopment are to be highly encouraged, except
within tropical hardwood hammock or pineland patches of an acre or more in area, where
development is to be discouraged. Within an Infill Area are typically found: platted
subdivisions with 50 percent or more developed lots situated in areas with few sensitive
environmental features; full range of available public infrastructure in terms of paved roads,
potable water, and electricity; and concentrations of commercial and other nonresidential
uses within close proximity. In some Infill Areas, a mix of nonresidential and high -density
residential uses (generally 8 units or more per acre) may also be found that form a
Community Center.
Policy 105.2.2
Monroe County shall maintain overlay map(s) designating geographic areas of the County as
one of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated
as an overlay on the zoning map(s) with supporting text amendments in the Land Development
Regulations. These maps are to be used to guide the Land Acquisition Program and the smart
growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1).
Policy 105.2.3
The priority for acquisition of lands and development rights under the County's Land Acquisition
Program shall follow the priority categories within Policy 102.4.2.
Policy 105.2.4
The preferred method for acquisition of environmentally sensitive privately owned vacant non -
platted lands shall be fee simple purchase, donation, or dedication or the retirement of
development rights through transfer of development rights or similar mechanisms.
Policy 105.2.5
The preferred method for acquisition of vacant platted lots shall be fee simple purchase,
donation, or dedication or the retirement of development rights thorough transfer of
development rights or similar mechanisms; however, wherever appropriate, platted lots may be
purchased in partnership with adjoining property owner(s) subject to a conservation easement
that may allow limited residential accessory uses.
Policy 105.2.6
Monroe County shall, in coordination with private sources, federal and state agencies,
implement a land acquisition program to acquire lands which enhance public access to the
shoreline and water -dependent uses, such as beaches, marinas, docks and lands; however,
Monroe County Land Authority funds shall not be used for this purpose.
Policy 105.2.7
In implementing this Land Acquisition Program, Monroe County is only committed or financially
obligated to the extent that local, state, and federal funds are available. Monroe County shall
petition the federal and state governments to aggressively pursue the acquisition of all
remaining privately -owned vacant lands within their park and conservation acquisition
boundaries and to expand existing acquisition boundaries to include other lands in close
proximity with similar environmentally sensitive features.
Policy 105.2.8
With respect to the relief granted pursuant to Policy 101.7 (Administrative Relief) or Policy
101.17.4 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land
within Tier I and Tier 11, Tier III -A or any land within Tier III in accordance with the criteria in
Policy 101.7.1.
Policy 105.2.9
By May 2015, the County shall explore additional funding sources for land acquisition. Monroe
County is only committed or financially obligated to the extent that local, state, and federal funds
are available.
Policy 105.2.10
Monroe County shall identify and secure possible local sources to yield a steady source of
funds and secure increased funding from state and federal, and/or private sources for the Land
Acquisition Program and the management and restoration of acquired resource conservation
lands. With the uncertainty concerning the County's ability to successfully secure sufficient
funding from state and federal governments for their fair share of the financial support for the
Land Acquisition Program and the demands placed on the County's limited financial resources
to address wastewater and other critical issues, it is recognized that the Land Acquisition
Program may extend well beyond 20 years.
GOAL 106
Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize the
natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further
development, the need for the significant expansion of the public acquisition of vacant developable lands,
and to equitably balance the rights and expectations of private property owners.
Objective 106.1
Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity
Study, utilizing updated habitat data and recommendations of the Tier Designation Review
Committee (TDRC) Work Group. [Note: As amended by Final Order DCA07-GM166, parcels
included in the challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the
amended Tier Criteria resulting from the DOAH Case 06-2449(GM)].
Policy 106.1.1
Monroe County shall update habitat data and the Land Development Code Tier (Zoning)
Overlay District Maps to coincide with the State comprehensive plan evaluation and appraisal
schedule (May 1, 2021).
Policy 106.1.2
Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to
consist of representatives selected by the Florida Department of Economic Opportunity (DEO)
from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish &
Wildlife Service, Department of Environmental Protection and environmental and other relevant
interests. The TDRC shall be tasked with the responsibility of tier designation review utilizing the
criteria for tier placement and best available data to recommend amendments to ensure
implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed
Land Development Code Tier (Zoning) Overlay District Map amendments shall coincide with the
State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Each
comprehensive plan evaluation and appraisal submitted shall also include an analysis and
recommendations based upon the TDRC review process.
Policy 106.1.3
Prior to Monroe County processing updates to the Land Development Code Tier (Zoning)
Overlay District Map, the County shall evaluate the listed threatened and endangered species
(as of 2021) and the criteria included in Policy 205.1.1 to determine if amendments are required
to further protect and enhance native upland vegetation. Any Tier (Zoning) Overlay District Map
amendment completed prior to May 1, 2021 shall be processed according to state law and the
Land Development Code.
GOAL 107
Monroe County shall regulate land use and development activities of scarified portions of property with 50
percent or more environmentally sensitive land that contains an existing nonconforming use by the
enactment of area -specific regulations that allow development to occur subject to limitations and
conditions designed to protect natural resources. For this Goal to be used, scarified portions of property
shall not have been created purposefully without benefit of permit(s) as evidenced by pictorial aerial
examination and/or other means available to the Growth Management Division. (Ord. No. 023-2011)
Objective 107.1
Monroe County shall coordinate land use with the elements of the Comprehensive Plan through
Future Land Use Element subarea policies solely applicable to a specific geographic area. These
subarea policies identify parcels of land that require narrowly -tailored regulation in order to confine
development potential to an area or extent less than the maximum development potential allowed by
its underlying Future Land Use Map category. The development parameters established for each
subarea shall be based either on an inventory of uses and facilities established on the parcel or by
data and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall
be preserved through the application of such methods as conservation easements that require
mandatory eradication of exotic invasive vegetation. (Ord. No. 023-2011)
Policy 107.1.1 Reserved
Policy 107.1.2 Ramrod Key Mixed Use Area 1
Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the
table following as Ramrod Key Mixed Use Area 1:
CONSERVATION
BERM TO BE
REAL ESTATE TOTAL FLUM
ACRES
EASEMENT
LOCATED ON
NUMBER ACREAGE DESIGNATION
ACREAGE
PARCEL
0.79 N/A
N/A
Ramrod Key
00114150-000000 18.12 8.46 Mixed Use Area
N/A
x
1
8.87 RC
8.87
Ramrod Key
00114150-000400 2.6 2.6 Mixed Use Area
0
1
And on which a concentration of non-residential uses exists, including approximately 15,325
square feet of commercial floor area devoted to the uses listed below.
Storage, warehousing, and processing of equipment and materials utilized or generated in
construction, demolition and land clearing, together with ancillary activities, including, but
not limited to:
a. Administrative offices.
b. Workshops and equipment maintenance areas, outdoors and within structures.
C. Garages and outdoor parking for construction and demolition equipment and
machinery.
d. Outdoor and covered storage and processing of demolition debris and construction
materials.
e. Storage buildings.
f. Above -ground fuel tanks.
2. An antenna supporting structure with accessory building
3. Residential uses consistent with the former RL future land use map designation and with
SS zoning. Single family residences shall be limited to the existing (including any
replacement thereof) and no more than four (4) additional single family residences.
4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do
not constitute a heavy industrial use.
Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out
below:
Wetlands and hammock areas adjacent to outdoor storage shall be protected by:
Recordation of a conservation easement prohibiting all development activities on the
approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150-
000000. The area to be conserved is delineated on the map below.
Construction and maintenance of a berm, no less than 3 feet in height, on scarified
land along the Westerly edge of the wetlands portion of parcel 00114150-000000 as
depicted on the map below, to protect the wetlands from stormwater runoff. Prior to
issuing any permit for berm construction, Monroe County shall require submission of a
stormwater management plan adequate to protect the wetlands portion of the parcel
from degradation attributable to stormwater runoff from the adjacent scarified portion
utilized for outdoor storage, construction, and demolition activities.
RAMROD KEY MIXED USE AREA I MC M-Mac
i
1,144 ;r CONSERVATION EASEMENT
CT, Rf-00111*10404400
0011 4150 `0 0
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Pdb. H'"v S _"'. Fka4 kn: rru9.'mi4'rv3 4 '4P�' r".
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2. Development shall be contingent on any required coordination and/or approval from the
United States Fish & Wildlife Service. (Ord. No. 028-2010).
Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1
The Key Largo Mixed Use Area 1 has a concentration of nonresidential uses currently existing,
including approximately 2,968ft 2 of commercial floor area. The current Real Estate Parcel
number is 00440100.000000, contains 0.62 acres and is legally described as:
Lots 13, 14, 15, 16, 17 and 18, , Block 2, THOMPSONS SUBDIVISION, Section "A", according
to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe
County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and
contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the North Line
of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A, in Thompsons
Subdivision, Section "A", according to the plat thereof, as recorded in Plat Book 1, at Page 147,
of the Public Records of Monroe County, Florida.
Development in the Key Largo Mixed Use Area 1 shall be subject to regulations applicable to
the Mixed Use/Commercial (MC) Future Land Use Designation as well as the additional
restrictions set out below:
The maximum commercial floor area ratio of 0.30.
2. There shall be no residential units. (Ord. No. 021-2010).
Policy 107.1.4 Paradise Pit Subarea 1 - Specific Limitations on the Industrial and
Conservation Area in Key Largo
The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of
nonresidential uses currently existing, including a lawful light industrial use. The parcel's current
real estate number is 00087100.000500. The parcel has a Tier Designation of Tier I and the
parcel is 59.01 acres, including a 9.71 acre borrow pit (water). Pursuant to this subarea policy,
the parcel shall have Future Land Use Map (FLUM) designations as follows:
In order to balance the protection of environmental resources, historical resources and support
a sound and diverse economic base, development shall be subject to the Industrial Future Land
Use Map Designation and the Conservation Future Land Use Map Designation as well as the
additional site -specific regulations and restrictions set out below:
(Ord. No. 007-2014)
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to
the Mixed Use/Commercial (MC) Future Land Use Designation as well as the additional
restriction set out below:
Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying Capacity
Study, maintain the overall County density and the preservation of native habitat, this
site/property shall not increase its allocated density and allowable development potential for
permanent residential units. The following development controls shall apply:
1. The allocated density for permanent residential uses on the site shall remain 0.50 dwelling
units per acre.
The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and
00091020.000000, is approximately 2.28 acres of land and is legally described as:
A tract of land 48.9 feet wide, and part of Lot 10 according to George McDonald's Plat of part of
Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
Public Records of Monroe County, Florida, more particularly described as follows;
From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
distance of 515 feet to the Point of Beginning of the tract hereafter described, thence
Northwesterly at right angles to said Northwesterly right of way line a distance of 487.7 feet,
more or less to the shore of Florida Bay, thence along the shore of Florida Bay in the
Northeasterly right of way line, distance of 48.9 feet to the point of beginning, and
A tract of land 95 feet wide and part of Lot 10 according to George McDonald's Plat of part of
Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the
Public Records of Monroe County, Florida, more particularly described as follows;
From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run
Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a
distance of 515 feet to the Point of Beginning of the tract hereafter described, thence continue
Southwesterly along the Northwesterly right of way line of State Road No. 5, a distance of 95
feet, thence northwesterly at right angles 695.1 feet, thence Northeasterly along a bulkhead line
to a point 687.7 feet North of the Point of Beginning, thence Southeasterly 687.7 feet to the
Pont of Beginning. (Ord. No. 011-2016)
Policy 107.1.6 Big Coppitt Mixed Use Area 1 - To Provide Limitations on Development
and Specific Restrictions
Development in the Big Coppitt Mixed Use Area 1 shall be subject to regulations applicable to
the Mixed Use/Commercial (MC) Future Land Use Designation as well as an additional
restriction set out below:
1. Residential units developed on the Big Coppitt Mixed Use Area 1 shall be restricted to
affordable housing only (with a minimum mix of at least 10% median and at least a 20%
combination of low and very low income categories) and subject to affordable housing
regulations pursuant to Section 130-161 of the Monroe County Code of Ordinances.
2. There shall be no nonresidential uses. Accessory uses to the residential development,
such as a club house or recreational facilities are permitted.
3. There shall be no market rate or transient residential units.
4. There shall be no dredging
5. All habitable buildings located within the 65-69 DNL (Day -Night Average Sound Level)
noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound
attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels.
6. No residential buildings shall be located within the 70-74 DNL.
7. Any development located within the Big Coppitt Mixed Use Area 1 shall not utilize Puerta
Drive for ingress and egress.
8. All habitable buildings located within the 70-74 DNL noise contour pursuant to the 2013
Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor
Noise Level Reduction of at least 30 decibels.
9. A development agreement shall be required for any proposed development of an
affordable housing project within the Big Coppitt Mixed Use Area 1 and to evaluate the
ingress and egress of the development proposal.
The Big Coppitt Mixed Use Area 1, with Real Estate No. 00120940-000100 is approximately
14.8 acres of vacant land and is legally described as:
PARCEL "A"
A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records
of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South,
Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows:
BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the
plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,
Florida and run thence South a distance of 390 feet; thence run West for a distance of 300 feet;
thence run North for a distance of 1004.13 feet; thence run East for a distance of 300 feet to a
point; thence run South for a distance of 614.13 feet back to the POINT OF BEGINNING.
TOGETHER WITH:
PARCEL "B"
A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records
of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South,
Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows:
BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the
plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,
Florida and run thence East a distance of 185 feet to a point; thence South 45 degrees, 00
minutes, 00 seconds West a distance of 70.71 feet to a point; thence West a distance of 135
feet to a point; thence at right angles North 50.0 feet to the said southwest corner of said Block
9 and the POINT OF BEGINNING.
TOGETHER WITH:
PARCEL "C"
A parcel of land as described in Official Records Book 2237, Page 2259 of the Public Records
of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South,
Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows:
COMMENCE at the southwest corner of Block 9 of "GULFREST PARK Plat No. 2" according to
the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe
County, Florida and run thence North for a distance of 614.13 feet to the POINT OF
BEGINNING of the parcel of land herein being described; thence run West for a distance of 300
feet to a point; thence run North for a distance of 1063 feet, more or less to a point on the north
boundary line of T.I.I.F. Deed #24002; thence run East along the said north boundary line of
said T.I.I.F. Deed #24002 for a distance of 100 feet to the north boundary line of said
Government Lot 1; thence run Southeasterly along the north boundary line of said Government
Lot 1 for a distance of 233 feet, more or less to the northwest corner of the said Block 9; thence
run South along the west boundary line of the said Block 9 for a distance of 942.78 feet back to
the POINT OF BEGINNING.
TOGETHER WITH:
PARCEL "D"
A parcel of land lying adjacent to the lands described in T.I.I.F. Deed #24002 on the Gulf of
Mexico in Government Lot 1, Section 21, Township 67 South, Range 26 East, on Big Coppitt
Key, Monroe County, Florida, said parcel being more particularly described by metes and
bounds as follows:
COMMENCE at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according
to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Record: of Monroe
County, Florida, and run thence North and along the westerly boundary line of the said Block 9
for a distance of 614.13 feet: thence run West for a distance of 300.00 feet; thence run North for
a distance of 1062.78 feet to a point on the north boundary line of T.I.I.F. Deed #24002 as
described in Official Records Book 346 at Page 580, of the said Public Records, said point
being the POINT OF BEGINNING; thence run West and along the north line of said T.I.I.F.
Deed #24002 for a distance of 1331.95 feet; thence run North for a distance of 186 feet, more
or less, to a point on the waterward boundary line as of July 1, 1975; thence meander said
waterward boundary the following twenty-four (24) courses: N 88°53'56" E, for a distance of
39.47 feet; N 65°36'56" E, a distance of 71.66 feet; S 88'16'57" E, for a distance of 75.93 feet;
N 77'38'10" E, a distance of 44.29 feet; S 76'11'41" E, for a distance of 76.54 feet; N 88°33'56"
E, a distance of 82.11 feet; N 85°40'47" E, for a distance of 103.42 feet; S 75°35'07" E, a
distance of 43.33 feet; N 77°23'10" E, for a distance of 41.16 feet; S 84°42'40" E, a distance of
110.45 feet; S 87°26'54" E, for a distance of 85.16 feet; S 79°07'09" E, for a distance of 28.70
feet; N 79°46'31" E, for a distance of 73.24 feet; S 77°57'45" E, for a distance of 41.56 feet; N
77'13'36" E, for a distance of 53.90 feet; S 84°23'12" E, for a distance of 121.58 feet; N
80°09'47" E, for a distance of 54.28 feet; S 82°09'00" E, for a distance of 63.88 feet; S
79°34'01" E, for a distance of 42.16 feet; N 86°10'05" E, for a distance of 98.91 feet; N
88'42'12" E, for a distance of 49.04 feet; S 82°47'37" E, for a distance of 59.12 feet; S
84'16'22" E, for a distance of 85.04 feet; S 47°39'01" E, for a distance of 15.58 feet to a point,
said point being the Point of Terminus of the Waterward boundary line as of July 1, 1975;
thence S 29°03'59" E and leaving the said Waterward boundary line as of July 1, 1975 for a
distance of 197.97 feet to a point, said point being 200.00 feet East of the POINT OF
BEGINNING of the said T.I.I.F. Deed #24002; thence run West and along the North line of said
T.I.I.F. Deed #24002 and Easterly extension thereof for a distance of 300.00 feet back to the
POINT OF BEGINNING.
ALSO DESCRIBED AS:
(Description to incorporate current Mean High Water Line as located on May 16, 2013)
A parcel of land being a part of Government Lot 1, Section 21, Township 67 South, Range 26
East on Big Coppitt Key, Monroe County, Florida described as follows:
BEGINNING at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according
to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe
County, Florida; thence S 89°46'50" W along the south line of said Block 9 and its easterly
extension being the south right-of-way line of Puerta Drive, said bearing referenced to the North
American Datum of 1983 (NAD 83), of the Florida State Plane Coordinate System, East Zone
with all subsequent bearings referenced thereto, a distance of 185.00 feet; thence S 45'13,01"
W, 70.71 feet; thence N 89°46'50" W, 135.00 feet; thence S 00°13'10" W, 340.00 feet; thence N
89°46'50" W, 300.00 feet; thence N 00°13'10" E, 2067.13 feet to the north line of the Trustees of
the Internal Improvement Trust Fund (T.I.I.T.F.) Deed Number 24002; thence N 89°46'50" W
along said north line, 1331.95 feet; thence N 00°13'10" E, 199.38 feet to the Mean High Water
Line of the Gulf of Mexico, being coincident with the boundary of the State of Florida sovereign
lands as located on May 16, 2013, having an elevation of (-) 0.1 feet of the North American
Vertical Darum of 1988 (NAVD 88); thence meandering along said Mean High Water Line for
the following forty-three courses and distances: S 75°10'03" E, 17.09 feet; thence N 78°39'05"
E, 68.25 feet; thence N 89°30'17" E, 15.01 feet; thence N 75°15'14" E, 51.14 feet; thence S
86°12'34" E, 48.68 feet; thence N 86°18'20" E, 42.61 feet; thence S 78°03'36" E, 20.90 feet;
thence N 82°55'14" E, 20.68 feet; thence S 79°58'18" E, 26.68 feet; thence N 82°01'16" E,
34.71 feet; thence S 88°07'27" E, 19.05 feet; thence S 81 °24'47" E, 18.37 feet; thence N
83°19'58" E, 37.65 feet; thence N 88°17'12" E, 46.14 feet; thence N 37°19'14" E, 3.92 feet;
thence S 82°12'13" E, 41.59 feet; thence N 81°17'41" E, 29.36 feet; thence S 72°56'29" E,
14.22 feet; thence N 85°48'46" E, 48.07 feet; thence S 89°00'58" E, 37.88 feet; thence S
74°00'33" E, 20.67 feet; thence S 88°24'32" E, 37.19 feet; thence S 84°06'55" E, 54.34 feet;
thence N 48°34'35" E, 8.07 feet; thence S 63°55'33" E, 23.21 feet; thence N 85°06'05" E, 80.97
feet; thence S 87°42'46" E, 28.25 feet; thence S 87°37'50" E, 46.30 feet; thence N 62°58'49" E,
26.73 feet; thence S 84°54'29" E, 51.82 feet; thence S 74°52'34" E, 59.48 feet; thence N
58°22'57" E, 39.76 feet; thence S 70°02'44" E, 30.75 feet; thence S 89°09'25" E, 36.47 feet;
thence S 81 °04'00" E, 76.75 feet; thence S 55°35'02" E, 9.83 feet; thence N 87°43'55" E,
100.88 feet; thence N 79°34'18" E, 60.39 feet; thence S 30°05'11" E, 16.62 feet; thence N
88°49'49" E, 23.02 feet; thence S 86°06'33" E, 23.01 feet; thence N 84°46'41" E, 25.37 feet;
thence S 72°52'03" E, 47.43 feet; thence S 28°54'25" E departing said Mean High Water Line,
214.32 feet; thence N 89°46'50" W along the easterly extension of said T.I.I.T.F. Deed Number
24002, a distance of 200.00 feet to the Point of Beginning of said Deed, said point also being on
the north line of Government Lot 1; thence S 58°46'14" E along said north line, 233.35 feet to
the northwest corner of said Block 9, thence S 00°13'10" W along the west line of said Block 9,
a distance of 1556.91 feet to the POINT OF BEGINNING.
Said lands lying and being in Government Lot 1, Section 21, Township 67 South, Range 26
East on Big Coppitt Key, Monroe County, Florida containing 952,363 square feet (21.86 acres)
more or less.
( Ord. No. 003-2016 , § 2, 2-10-2016)
GOAL 108
The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station
Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be achieved
through the implementation of the Objectives and Policies, incorporated herein. Achieved is defined as
being consistent with the Objectives and Policies, incorporated herein. (Ord. No. 012-2012, DEO 12-
1ACSC-NOI-4401-(A)-(I), eff. 7-19-2012)
Objective 108.1
Naval Air Station Key West and Monroe County shall exchange information to encourage effective
communication and coordination concerning compatible land uses as defined herein. (Ord. No. 012-
2012, DEO 12-1ACSC-NOI-4401-(A)-(I), eff. 7-19-2012)
Policy 108.1.1
Monroe County shall transmit to the commanding officer of Naval Air Station Key West
information relating to proposed changes to comprehensive plans, plan amendments, Future
Land Use Map amendments and proposed changes to land development regulations which, if
approved, would affect the intensity, density, or use of the land adjacent to or in close proximity
to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)).
Pursuant to statutory requirements, Monroe County shall also transmit to the commanding
officer copies of applications for development orders requesting a variance or waiver from
height requirements within areas defined in Monroe County's comprehensive plan as being in
the MIAI. Monroe County shall provide the military installation an opportunity to review and
comment on the proposed changes. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I),
eff. 7-19-2012)
Policy 108.1.2
Monroe County shall coordinate with Naval Air Station Key West and the Department of
Economic Opportunity (State Land Planning Agency) to review Best Practices and provide
guidance on recommended sound attenuation options to be identified in development orders for
optional implementation in new construction and redevelopment of existing structures in areas
located within the MIAI. The list of recommended sound attenuation options may be based on
the level of noise exposure, level of sound protection, and the type of residential construction or
manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will
coordinate with the Department of Economic Opportunity to identify state and federal housing
programs, and to develop informational literature to inform qualified homeowners of the
availability of potential funds for sound attenuation. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-
4401-(A)—(I), eff. 7-19-2012)
Policy 108.1.3
Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air
Station Key West commanding officer or his or her designee may provide comments to Monroe
County on the impact proposed changes may have on the mission of the military installation.
Monroe County shall forward a copy of any comments regarding comprehensive plan
amendments to the state land planning agency. The commanding officer's comments,
underlying studies, and reports shall not be binding on Monroe County. Monroe County shall
take into consideration any comments provided by the Naval Air Station Key West commanding
officer or his or her designee and shall also be sensitive to private property rights and not be
unduly restrictive on those rights. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff.
7-19-2012)
Policy 108.1.4
Monroe County shall include a representative of Naval Air Station Key West as an ex officio,
nonvoting member of Monroe County's Planning Commission. The NASKW ex officio member
represents all military interests in Monroe County. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-
4401-(A)—(I), eff. 7-19-2012)
Policy 108.1.5
Monroe County shall notify the Naval Air Station Key West commanding officer or his or her
designee of any development proposals that are scheduled for the Development Review
Committee (DRC) at the earliest date possible. NASKW may provide comments on proposals to
the DRC. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
Policy 108.1.6
The Navy issued a Record of Decision on October 31, 2013, for the Final Environmental Impact
Statement (EIS) for Naval Air Station Key West Airfield Operations for future airfield operations
at Naval Air Station Key West. Monroe County shall work closely with the Navy throughout the
life of the EIS and shall discourage the Navy from increasing its operations at NASKW that
negatively impact the surrounding community. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-
(A)—(I), eff. 7-19-2012)
Policy 108.1.7
In order to protect the value, efficiency, cost-effectiveness, and amortized life of NASKW,
pursuant to Section 380.0552 (7)(h)4., F.S., protect the public health, safety, and welfare of the
citizens of the Florida Keys, pursuant to Section 380.0552 (7)(n), F.S., and encourage
compatibility, Monroe County will encourage the Navy to acquire all land it is impacting with its
operations and noise within any geographic area with 80+ Day -Night Average Sound Level
(DNL), and any areas where an aircraft mishap could occur. (Ord. No. 012-2012, DEO 12-
1 ACSC-NOI-440 1 -(A)—(I), eff. 7-19-2012)
Objective 108.2
Monroe County shall consider the protection of public health, safety and welfare as a principal
objective of compatible land use planning on lands adjacent to or closely proximate to the Boca
Chica airfield of NASKW. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
Policy 108.2.1
Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the
Military Installation Area of Impact (MIAI) to define the zone of influence of NASKW; within
which growth management policies shall guide land use activities and uses in areas exposed to
impacts generated by Navy operations. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—
(1), eff. 7-19-2012)
Policy 108.2.2
Density and intensity standards and land uses established by the Future Land Use Element and
Future Land Use Map, on the effective date of this policy, for properties located within the MIAI
overlay shall be recognized and allowed to develop to the maximum development potential
pursuant to the standards existing on the effective date of this policy. (Ord. No. 012-2012, DEO
12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
Policy 108.2.3
Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and
intensity, as of the effective date of this policy, established by the Future Land Use Element and
Future Land Use Map for property adjacent to or closely proximate to NASKW. NASKW has
indicated that it will not object to the issuance of development orders, within the MIAI, if
properties have development rights on Future Land Use Map, Land Use District (Zoning) Map,
approved development agreements or Section 380.032, F.S. agreements with the State Land
Planning Agency. NASKW may provide comments and suggest measures to mitigate potential
impacts. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
Policy 108.2.4
Existing development located within the MIAI overlay shall be recognized and allowed to
redevelop. Further, the property's established density and intensity standards and land uses
provided by the Future Land Use Element and Future Land Use Map shall be recognized and
allowed to redevelop to the maximum development potential pursuant to the standards existing
on the effective date of this policy. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff.
7-19-2012)
Policy 108.2.5
Monroe County will maintain the Future Land Use Map (FLUM) designations, for any application
received after the effective date of this policy, for properties located within the MIAI overlay.
FLUM amendments that increase density and/or intensity within the MIAI overlay received after
the effective date of this policy, are not permitted unless Monroe County transmits the
requested FLUM amendment to NASKW, pursuant to Policy 108.1.1. Within 30 days of receipt,
the NASKW commanding officer or his or her designee may provide comments on the proposed
amendment, based on appropriate data and analysis, to Monroe County indicating whether the
property is located within a noise zone or land use incompatibility zone and whether the
proposed density and/or intensity increase is incompatible with NASKW.
If NASKW indicates the property is within a land use incompatibility zone, the Board of County
Commissioners shall adopt a resolution providing a finding determining whether the property is
subject to the restrictions of increasing density and/or intensity for the application filed for the
property within the MIAI boundary. Monroe County will maintain the FLUM designations for
properties adjacent to or closely proximate to military installations for which NASKW provided
data and analysis, which meets the requirements of Section 163.3177(1)(f), F.S., as of the
effective date of this policy, which supports a determination that the property is within a land use
incompatibility zone. Additionally, for FLUM amendments requesting an increase of density
and/or intensity within a land use incompatibility zone, Monroe County shall encourage the Navy
to acquire these lands, pursuant to Policy 108.1.7, for the protection of the public health, safety,
and welfare of the citizens of the Florida Keys.
If NASKW indicates the property is within a noise zone, Monroe County may consider Future
Land Use Map amendments requesting an increase in density and/or intensity within the MIAI
overlay, with consideration of comments and accompanying data and analysis, provided by the
Naval Air Station Key West commanding officer or his or her designee.
• The Board of County Commissioners shall adopt a resolution providing a finding determining
whether the property, within the MIAI boundary, is or is not subject to the restrictions on
increasing density and/or intensity for the application filed.
• After 90 days of the adoption of the Board of County Commission resolution, Monroe County
will schedule the required public hearings for the FLUM application requesting an increase in
density and/or intensity, filed for the property within the MIAI boundary.
The Board of County Commissioners may condition a granting of a resolution on a waiver of
liability against or indemnification of the County by the requesting property owner for any cause
of action or claim based upon the current or future uses and operations at NASKW. (Ord. No.
012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
Policy 108.2.6
For any application received after the effective date of this policy, within the MIAI overlay,
Monroe County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table
(permitted uses shown in Column #2), through a Future Land Use Map, Text, overlay or LUD
map amendment.
The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as
of the effective date of this policy and includes the permitted uses (Column 2), allocated density
per acre (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio
(Column 5), and corresponding zoning category (Column 6) within each FLUM category located
within the MIAI boundary. Further the MIAI Land Use Table provides land uses located within
the 65-69 DNL Noise Zone 2 and NASKW's suggested land use compatibility within this noise
zone. The table includes land uses allowed (Column 7), land uses allowed with restrictions
(Column 8), land uses that are generally incompatible but allowed with exceptions (Column 9)
and the land uses that are not compatible and should be prohibited. Column 11 provides notes
associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be
permitted based upon existing the provisions adopted within the Comprehensive Plan. (Ord. No.
012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012)
[MIAI Land Use Table on following pages]
MI
5w,
2007 AICUZ Study Table 6-2 notes:
*Uses Allowed with Restrictions. The land use and related structures are generally compatible.
Note 1
a) Although local conditions regarding the need for housing may require residential use in these
Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74.
The absence of viable alternative development options should be determined and an evaluation
should be conducted locally prior to local approvals indicating that a demonstrated community
need for the residential use would not be met if development were prohibited in these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and
outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65-69 and NLR of 30
dB in DNL 70-74 should be incorporated into building codes and be in individual approvals; for
transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction
requirements are often stated as 5, 10 or 15 dB over standard construction and normally
assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows
and doors and closed windows year round. Additional consideration should be given to
modifying NLR levels based on peak noise levels or vibrations.
d) NLR criteria will not eliminate outdoor noise problems. However, building location and site
planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR
particularly from ground level sources. Measures that reduce noise at a site should be used
wherever practical in preference to measures that only protect interior spaces.
Note 7
Land use compatible provided special sound reinforcement systems are installed.
Note 8
Residential buildings require a NLR of 25
Note 25, 30 or 35
The numbers refer to Noise Level Reduction levels. Land Use and related structures generally compatible
however, measures to achieve NLR of 25, 30 or 35 must be incorporated into design and construction of
structures. However, measures to achieve an overall noise reduction do not necessarily solve noise
difficulties outside the structure and additional evaluation is warranted. Also, see notes indicated by
superscripts where they appear with one of these numbers.
**Uses Generally Incompatible (allowed with exceptions). The land use and related structures are
generally incompatible.
Note 1
a) Although local conditions regarding the need for housing may require residential use in these
Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74.
The absence of viable alternative development options should be determined and an evaluation
should be conducted locally prior to local approvals indicating that a demonstrated community
need for the residential use would not be met if development were prohibited in these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and
outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65-69 and NLR of 30
dB in DNL 70-74 should be incorporated into building codes and be in individual approvals; for
transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction
requirements are often stated as 5, 10 or 15 dB over standard construction and normally
assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows
and doors and closed windows year round. Additional consideration should be given to
modifying NLR levels based on peak noise levels or vibrations.
d) NLR criteria will not eliminate outdoor noise problems. However, building location and site
planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR
particularly from ground level sources. Measures that reduce noise at a site should be used
wherever practical in preference to measures that only protect interior spaces.
NLR (Noise Level Reduction) Noise Level Reduction (outdoor to indoor) to be achieved through
incorporation of noise attenuation into the design and construction of the structure.
Policy 108.2.7
Nonresidential land uses expressly allowed within the residential Future Land Use Categories
(see Column 11 MIAI Land Use Table) as land uses permitted in the Land Development
Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive
Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4, 1996, shall be
recognized through a "Letter of Development Rights Determination" process and transmitted to
the State Land Planning Agency. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff.
7-19-2012)
Policy 108.2.8
Within the MIAI overlay, Monroe County may consider requests from property owners for
reduction in density and/or intensity or changes in uses that reduce incompatibility of land uses
with Goal 108 and associated Objectives and Policies. (Ord. No. 012-2012, DEO 12-1ACSC-
NOI-4401-(A)—(I), eff. 7-19-2012)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 226 - 2012
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA, RELATING TO THE STATE OF
FLORIDA'S 2012 HURRICANE EVACUATION CLEARANCE TIME
WORK GROUP; HURRICANE EVACUATION MODEL; WORK
PROGRAM TASKS OF RULE 28-20.140, F.A.C.; AND THE STATE'S
RECOMMENDED ALLOCATION OF RESIDENTIAL BUILDING
PERMITS TO MONROE COUNTY; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature and the Administration Commission have included
Monroe County within the designated Florida Keys Area of Critical State Concern (Section
380.05, 380.0552, Florida Statutes), and
WHEREAS, the Florida Legislature and the Administration Commission have mandated
that Monroe County include within the goals, objectives, and policies of its Comprehensive Plan
measures to protect public safety and welfare in the event of a hurricane, by maintaining an
evacuation clearance time for permanent residents of no more than 24 hours (Section
380.0552(9)(a)2., Florida Statutes; Rule 28-20.140(5)(a)12. and 14., F.A.C.); and
WHEREAS, the Monroe County 2010 Comprehensive Plan includes Objective 101.2
which directs Monroe County to reduce the hurricane evacuation clearance times to 24 hours by
the year 2010, and Policy 216.1.8 establishing that in the event of a pending major hurricane
(category 3-5) Monroe County shall implement a staged/phased evacuation procedures to
achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident
population, by evacuating: 1) Approximately 48 hours in advance of tropical storm winds, a
mandatory evacuation of non-residents, visitors, RV's, travel trailers, live -aboard, and military
personnel from the Keys shall be initiated, 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, and 3) Approximately 30
hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents
by evacuation zone; and
WHEREAS, the Florida Legislature further mandated that the hurricane evacuation
clearance time for Monroe County and other local governments within the Florida Keys Areas of
Critical State Concern (ACSC) and the Key West Area of Critical State Concern shall be
Page 1 of 5
determined by a state -approved hurricane evacuation study, conducted in accordance with a
professionally accepted methodology (Rule 28-20.140(5)(a)11., F.A.C. and Rule 28-36, F.A.C.);
and
WHEREAS, the Administration Commission directed the State Department of Economic
Opportunity (DEO), by July 1, 2012, to apply the derived clearance time to assess and determine
the remaining allocations for the Florida Keys and Key West ACSCs or identify alternative
evacuation strategies that support the 24 hour evacuation clearance time (Rule 28-
20.140(5)(a)12. andl4., F.A.C.); and
WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group
included representation from Monroe County, the City of Key West, Islamorada, Village of
Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local
Governments"); and
WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group (the
Work Group) evaluated, provided input, and, and ultimately recommended Scenario M5 from
among the scenarios provide by DEO at its June 8, 2012 Work Group meeting; and
WHEREAS, Scenario M5 included the 2010 Census site -built units (43,760 units,
27,320 occupied units); a 90% participation rate; the maximum number of residential building
permits for new construction for all Local Governments per year for 10 years or 3,540 (annually,
County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3);
1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling
units on the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126,
as recommended by Monroe County Sheriff's Office. Further, the Work Group recommended
Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th)
any remaining or unused (90 allocations) allocations to the other Local Governments based upon
the Local Governments' ratio of vacant land; and
WHEREAS, DEO and the Local Governments recognize that significant vacant lands
remain in the Florida Keys, including: Monroe County with 8,758 vacant parcels (77% of total
vacant lands), Marathon with 1,281 vacant parcels (I1%), Islamorada with 1,109 vacant parcels
(10%), Key Colony Beach with 92 vacant parcels (0.81 %), Key West with 84 vacant parcels
(0.74%), and Layton with 13 vacant parcels (0.11 %); and
WHEREAS, the hurricane model for determining clearance time and, ultimately, the
State's allocation of County residential building permits, is maintained and run by the DEO and
other state agencies; and
WHEREAS, DEO has determined, based on its data, input variables, and assumptions as
set forth in Part Two of the attached MOU, that the Florida Division of Emergency
Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME") Model is
the model acceptable to DEO to accurately depict evacuation clearance times for the population
of the Keys ACSCs; and
WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada staff
requested new participation rate studies be conducted, due principally to the low sample sizes
primarily for mobile homes relied upon by DEO and DEO anticipates conducting additional
Page 2 of 5
human behavioral studies regarding participation rates in the future, prior to any further
adjustments to the County's allocation of building permits; and
WHEREAS, DEO has determined that mobile home residents live in vulnerable housing
and should be encouraged to evacuate before residents of site -built homes, consistent with the
adopted staged/phased evacuation comprehensive plan policies; and
WHEREAS, the Local Governments recognize that the data, input variables, and
assumptions DEO has incorporated into its hurricane evacuation model and this MOU are
subject to change when the 2020 Census data becomes available; and
WHEREAS, the County is directed by Rule 28-20.140(5)(a)11, F.A.C. to enter into a
memorandum of understanding (MOU) with the DEO and the other local governments in the
Florida Keys & Key West ACSC, which MOU stipulates to the input variables and assumptions
the DEO has used in the Florida Keys Hurricane Evacuation Model, or other models acceptable
to the DEO, to accurately depict evacuation clearance times for the population of the Florida
Keys; and
WHEREAS, the County wishes to comply with Rule 28-20.140, F.A.C. and ensure the
availability of residential buildings permit allocations, consistent with the County's ability to
safely evacuate its visitors and residents, and the intent of the Florida Keys ACSC to "protect the
constitutional rights of property owners to own, use, and dispose of their real property" (Section
380.0552(2)(t), Florida Statutes); and
WHEREAS, DEO officials have indicated, by letter to Monroe County Mayor David
Rice, dated July 30, 2012, that a minimum of 3,540 additional allocations could be distributed
among Florida Keys Local Governments, still maintaining an evacuation clearance time of 24
hours; and
WHEREAS, DEO will report to the Administration Commission on the review and
completion of Work Program tasks in Rule 28-20.140(5)(a)ll.-14., F.A.C., and provide the
recommended allocation rates and distribution of allocations; and
WHEREAS, the County has the following understandings, based on staff s discussions
with DEO officials, and is relying on same, pending Administration Commission approval, in
passing this Resolution:
(a) that at least 1,970 of the available 3,540 permits will be allocated to the County, for
issuance within unincorporated Monroe County, after July 1, 2013, at an annual rate the County
deems appropriate and in accordance with its Comprehensive Plan, through June 30, 2023; and
(b) that, after July 1, 2013, any permits allocated by the State to the City of Key West,
which are not used within a given allocation year or for which the City is not eligible, will be
distributed among the other local governments in the Florida Keys ACSC, in accordance with the
proportion of vacant lands, in each jurisdiction, as indicated in the final report of the Work
Group; and
WHEREAS, the Administration Commission has directed DEO, DEM, and the Local
Governments in the Keys to enter into an MOU to stipulate to the input variables and
Page 3 of 5
assumptions, including regional considerations, for utilizing the Florida Keys Hurricane
Evacuation Model or other models acceptable to DEO in order to accurately depict evacuation
clearance times for the population of the Florida Keys (Rule 28-20.140(5)(a)I I., F.A.C.); and
WHEREAS, at least 30 days notice and comment period for interested parties has been
provided, as required by Rule 28-20.140(5)(a)11, F.A.C;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Monroe County, Florida, as follows:
ARTICLE I
1. That the Board of County Commissioners hereby stipulates, pursuant to Rule 28-
20.140(5)(a)11, F.A.C., that:
a. DEO has determined that the Florida Division of Emergency Management's
Transportation Interface for Modeling Evacuations ("TIME") Model is the model
acceptable to DEO to accurately depict evacuation clearance times for the population
of the Florida Keys; and
b. DEO has identified, and the 2012 Hurricane Evacuation Clearance Time Work Group
has recommended, the data, input variables, and assumptions set forth in Part Two of
the attached Memorandum of Understanding for utilizing the TIME Model to depict a
24-hour evacuation clearance time for the population of the Florida Keys.
c. DEO has recommended that a minimum of 3,540 additional allocations could be
distributed among Florida Keys Local Governments, while still maintaining an
evacuation clearance time of 24 hours, and recognizes that Monroe County is
anticipated to receive 1,970 allocations for the time period of July 1, 2013 to June 30,
2023.
2. That County staff is hereby directed to coordinate with the state and other Local
Governments in the Florida Keys ACSC and the Key West ACSC, in order to establish a
formal process facilitating the transfer of allocations from the City of Key West to the other
local governments, based on the relative percentage of vacant lands within each Local
Government, as assumed in the final report of the Work Group, for any allocations in the
prior allocation year(s) which:
a. The City of Key West is ineligible to receive for failure to comply with state law
regarding mandated comprehensive plan adoptions or updates; or
b. Are not allocated by the City during the prior allocation year, through its adopted
building permit allocation ordinances.
3. That Monroe County Mayor David Rice is hereby authorized to execute the attached MOU
on behalf of the Board of County Commissioners.
Page 4 of 5
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ARTICLE II
GENERAL PROVISIONS
SECTION 2.01 Severability
If any section, subsection, sentence, clause, or provision of this resolution is held invalid or
unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect
the validity of the remaining portions, which shall be in full force and effect and be valid as if
such invalid portion thereof had not been incorporated herein.
SECTION 2.02 Effective Date
This resolution shall become effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of the Board held on the 21 S` day of September, 2012.
Mayor David Rice
Yes
Mayor Pro Tem Kim Wigington
No
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Yes
0
t—
(SEAL),'
ATTEST:.' DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor David ce
MON E OUNTY ATTORNEY
A PROVED AS TO RM
Date:
Page 5 of 5
08-02-12
HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF
MONROE, CITY OF KEY WEST, ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON,
CITY OF KEY COLONY BEACH, CITY OF MARATHON, AND FLORIDA DIVISION OF
EMERGENCY MANAGEMENT
This Memorandum of Understanding ("MOU") is entered into by and between the State of
Florida's Department of Economic Opportunity (the "DEO"), the Florida Division of Emergency
Management (the "Division"), and Monroe County, the City of Key West, Islamorada, Village of
Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local
Governments") (all collectively known as the "Parties") for the purpose of complying with Rules 28-18,
28-19, and 28-20, Florida Administrative Code.
RECITALS:
WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida
Legislature and the Administration Commission have designated as Areas of Critical State Concern (the
Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552,
Florida Statutes, and Florida Administrative Code Chapter 28-36, hereinafter referred to as the "Keys
ACSCs' ; and
WHEREAS, the Local Governments have adopted state -mandated Comprehensive Plans and
Land Development Regulations, which have been approved by the State, as required by Iaw; and
WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of
Critical State Concern includes:
(a) Establish a land use management system that protects the natural environment of the Florida
Keys;
(b) Establish a land use management system that conserves and promotes the community
character of the Florida Keys;
(c) Establish a land use management system that promotes orderly and balanced growth in
accordance with the capacity of available and planned public facilities and services;
(d) Provide affordable housing in close proximity to places of employment in the Florida Keys;
(e) Establish a land use management system that promotes and supports a diverse and sound
economic base;
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real
property;
08-02-12
(g) Promote coordination and efficiency among governmental agencies that have permitting
jurisdiction over land use activities in the Florida Keys;
(h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive
lands within the Florida Keys;
(i) Protect and improve the nearshore water quality of the Florida Keys through the construction
and operation of wastewater management facilities that meet the requirements of Sections
381.0065(4)(1) and 403.086(10), Florida Statutes, as applicable; and
0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2)
Florida Statutes); and
WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to
hurricanes; and
WHEREAS, the Florida Legislature and the Administration Commission have mandated that the
Local Governments (except the City of Key West) include within the goals, objectives, and policies of
their respective Comprehensive Plans measures to protect public safety and welfare in the event of a
hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours
(Section 380.0552(9)(a)2. Florida Statutes, Rule 28-18.400(5)(a)10., F.A.C., Rule 28-19.310(5)(a)5.,
F.A.C., and Rule 28-20.140(5)(a)14., F.A.C.); and
WHEREAS, Florida Administrative Code Rule 28-36.003(2)(a)7. requires that the City of Key
West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and
WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance
time for the Florida Keys ACSC shall be determined by a state -approved hurricane evacuation study,
conducted in accordance with a professionally accepted methodology; and
WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide
Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral
Surveys Volumes 2-11, and was funded by the state Legislature and the Federal Emergency
Management Agency ("FEMA"), provided the State's principal source of professionally acceptable data
and analysis, augmented by other sources of data and analysis as referenced herein, for determining
input variables and assumptions depicting evacuation clearance times for the population of the Florida
Keys; and
WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the
derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or
identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and
WHEREAS, the Administration Commission has directed DEO, the Division, and the Local
Governments to enter into this MOU to stipulate to the input variables and assumptions, including
regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models
08-02-12
acceptable to DEO in order to accurately depict evacuation clearance times for the population of the
Florida Keys ACSC; and
WHEREAS, DEO has determined that the Florida Division of Emergency Management's
Transportation Interface for Modeling Evacuations ("TIME") Model is the model acceptable to DEO to
accurately depict evacuation clearance times for the population of the Keys ACSCs; and
WHEREAS, the Local Governments of the Florida Keys, except the City of Key Colony Beach,
have regulated the rate and distribution of growth by implementing permit allocation systems to address
hurricane evacuation clearance times; and
WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in
the Florida Keys: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with
1,281 vacant parcels (11%), Islamorada with 1,109 vacant parcels (10%), Key Colony Beach with 92
vacant parcels (0.811/6), Key West with 84 vacant parcels (0.740/o), and Layton with 13 vacant parcels
(0.110/6); and
WHEREAS , DEO and the Local Governments recognize the need to balance limiting the
maximum number of building permits for new construction of residential units to be issued annually in
the Florida Keys with fairness and consideration of private property rights; and
WHEREAS, to address hurricane evacuation modeling for the Florida Keys ACSCs, DEO
established a Hurricane Evacuation Clearance Time Work Group ("Work Group") consisting of elected
officials from each Local Government and representatives from DEO and DEM; in addition DEO
invited representatives of special interests in the Florida Keys to participate, including the Florida Keys
Federation of Chambers of Commerce, the Florida Restaurant and Lodging Association, the Lodging
Association of the Florida Keys and Key West, the Monroe County Sheriffs Office, Naval Air Station -
Key West, the environmental community, and a citizen's advocacy group; and further DEO requested
technical advisors from DEO, the Division, and the Local Governments as well as the Northeast Florida
Regional Planning Council, the South Florida Regional Planning Council, Monroe County Emergency
Management, the National Weather Service, the National Hurricane Center, and the Florida Department
of Transportation to participate in meeting discussion; and
WHEREAS, four advertised public workshops were conducted in the Florida Keys where the
Work Group reviewed studies and data from DEO and other agencies related to the occupancy,
participation, human behavior, response curves, capacity of the evacuation route, and the number of
automobiles that will likely be evacuated, and other factors; and
WHEREAS, the Work Group evaluated information, provided input, and ultimately
recommended Scenario M5; and
WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group
meeting, Scenario M5 included the 2010 Census site -built units (43,760 units); the maximum number of
residential building permits for new construction for all Local Governments per year for 10 years
(annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3);
1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling units on
08-02-12
the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126. Further, the
Work Group recommended Scenario M5 with the provision that the City of Key West would transfer
annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local
Governments based upon the Local Governments' ratio of vacant land; and
WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made
to the Census site built units revising that number to 43,718 and revising the Key West building permit
allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the
population of the Florida Keys; and
WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the
population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach
and to that end, having participated as members of the Work Group, acknowledge that the input
variables and assumptions identified in this MOU are those which DEO finds accurately depict
evacuation clearance times for the population of the Florida Keys for a Category 3-5 hurricane event, as
required by Administrative Rule; and
WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new
participation rate studies be conducted, due principally to the low sample rates primarily for mobile
homes relied upon by DEO; and,
WHEREAS, the Work Group accepted the participation rates recommended by DEO, including
those for mobile homes, and DEO agreed to seek funding to provide education to mobile home
occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes; and
WHEREAS, the Local Governments recognize that the data, input variables, and assumptions
DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the
2020 Census data becomes available.
NOW THEREFORE, the parties set forth the following understandings:
PART ONE: RECITALS
The above recitals are incorporated into this MOU and made a part hereof.
PART TWO: DATA, INPUT VARIABLES AND ASSUMPTIONS
The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010
Census as supplemented by the 2006-2010 American Community Survey, Smith Travel Research, and
data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants,
and Statewide Regional Evacuation Study Program for the South Florida Region are the best available
and most relevant data and analysis. The following input variables and assumptions provide the basis,
when used in the TIME model, to accurately calculate evacuation clearance times for the population of
the Florida Keys, and DEO will recommend same to the Administration Commission to determine the
remaining development allocations for the Florida Keys:
1.3.g
0
4
08-02-12
A. Number and Occupancy of Units by type of Unit:
Tourist Units: 13,665 tourist units with 11,287 occupied units for the month of July (the
month with highest average number of permanent and seasonal residents and tourists). The
data source for the number and type of units and vehicular use is the Statewide Regional
Evacuation Study Program for the South Florida Region and the Department of Business and
Professional Regulation, Division of Hotels and Restaurants, Licensee File Database, District
1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel
Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units
is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone
Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated
herein as Exhibit 1.
2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source
for the number and type of units, the vehicular use and occupancy of the units is the 2010
Census supplemented by the 2006-2010 American Community Survey for Monroe County
and the Statewide Regional Evacuation Study Program for the South Florida Region. A
listing of the units is within the Statewide Regional Evacuation Study Table of Traffic
Evacuation Zone Occupancy Data for Site -Built and Mobile Homes, is attached and
incorporated herein as Exhibit 2.
3. Site -Built Units: 43,718 Site -built units with 27,320 occupied units. The data source for the
number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 2006-
2010 American Community Survey and the Statewide Regional Evacuation Study Program
for the South Florida Region. See Exhibit 2.
B. Response Curve: The assumed Response Curve for model runs is 12 hours for all unit types as
utilized in the 2010 Statewide Regional Evacuation Study Program for the South Florida Region.
C. Participation Rates: The assumed Participation Rates are:
1. Tourist units: 100%
2. Mobile home units: 100%
3. Site -built units: 90% for a Category 5 event
The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional
Behavioral Analysis Volumes 2-11, prepared for the South Florida Region, which DEO has determined
reflect the best available data at this time.
D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic
Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles
owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide
Regional Evacuation Study and are attached and incorporated herein.
E. Vehicle Usage by the Special Population: Exhibit 5 represents the number of vehicles that
will be contributed by Naval Air Station — Key West and the Florida Keys Community College and is
08-02-12
based upon correspondence from Naval Air Station — Key West and the assumption that each of the 100
dorm beds from the Florida Keys Community College will contribute one evacuating vehicle per bed.
F. Evacuation Stream. The evacuation stream from Monroe County is the only assumed traffic
demand considered.
G. Roadway Capacity. The Roadway Capacity, dated July 18, 2010, established by the Florida
Department of Transportation is attached and incorporated herein as Exhibit 6.
H. Evacuation Procedures. The following evacuation procedures have been adopted or
substantially adopted by the Local Governments (except the City of Key West) into their comprehensive
plans, and by the City of Key West in Resolution No. 06-244:
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:
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 of 7-Mile Bridge to West end of Long 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 storm. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate
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.
PART THREE: MISCELLANEOUS
A. Liability. As this MOU represents only the Parties' acknowledgement of the data, input
variables, and assumptions DEO has utilized in its hurricane evacuation model, nothing in this MOU
shall be construed to impose any liability on the State of Florida, DEO, the Division, or the Local
Governments. Nothing in this MOU may be interpreted as a waiver of sovereign immunity by any
08-02-12
Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall
be considered null and void.
B. Modification. Modifications to the Memorandum of Understanding shall be valid only when
reduced to writing and duly signed by all parties.
C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or
unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless
compliance with the remaining terms and provisions would prevent the accomplishment of the original
intent of the agreement between the Parties.
D. Termination. Any Party may terminate this Memorandum of Understanding at any time, with
or without cause. Termination shall take effect upon receipt of written notification by a Party to all
other Parties.
E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail,
return receipt requested, or an express mail service that provides proof of delivery. Notification by a
Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of
Economic Opportunity, 107 East Madison Street, Tallahassee, FL 32399-4128. Notification to the other
parties to this Memorandum of Understanding shall be directed as follows:
1. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a
copy to the Growth Management Division Director, 2798 Overseas Hwy. Marathon, FL 33050.
2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a
copy to the Planning Director, 3126 Flagler Avenue Key West, FL 33040.
3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050,
with a copy to the Planning Director, 9805 Overseas Highway Marathon, FL 33050.
4. City of Layton. Mayor, City of Layton, 68260 Overseas Highway, P.O. Box 778 Long Key, FL
33001.
5. City of Key Colony Beach. Mayor, City of Key Colony Beach, P.O. Box 510141, Key Colony
Beach, FL 33051-0141 with a copy to the City Clerk at P.O. Box 510141, Key Colony Beach,
FL 33051-0141.
6. Islamorada, Village of Islands. Mayor, Islamorada, Village of Islands, 86800 Overseas
Highway Islamorada, FL 33036, with a copy to the Director of Planning and Development
Services, 86800 Overseas Highway Islamorada, FL 33036.
7. Division of Emergency Management. Director, Florida Division of Emergency Management,
2555 Shumard Oaks Boulevard, Tallahassee, FL 32399-2100, with a copy to the Division's
Hurricane Program Manager at the same address.
F. Effective Date. This Memorandum of Understanding is effective upon execution by all parties
and approval by the Florida Administration Commission and ends upon the termination of the Florida
7
08-02-12
Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D)
above.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the
dates below written.
CITY OF KEY WEST, FLORIDA
Shawn Smith, City Attorney
8
08-02-12
2012
Dam
ATTESTS'
Clerk
Approved as to form and legal sufficiency:
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
David Rice, Mayo
9
1.3.g
08-02-12
/O 2 0 /v, 20I2
Date
ATTEST:
City Clerk
Approved as to
John R.
•
6
CITY OF MARATHON, FLORIDA
Wirt:
Peter Worthington, Mayor
I0
08-02-12
I
2012
Date
ATTEST:
Mimi Young, City Cle
Approved as to form and legal sufficiency:
y
ity Attorney
CITY OF LAYTON, FLORIDA
Norman S. Anderson, Mayor
08 42-12
$ A 1 2012
Date
ATTEST:
'b-11,c City le&
o
Approved as to form and legal sufficiency:
Thomas D. Wright, City Attorney
CITY OF KEY COLONY BEACH, FLORIDA
Ron Sutton, Mayor
12
08-02-12
jScQ4cm h,-- c, 2012
Date
ATTEST:
Village Cle
Approved as to form and legal sufficiency:
Nina Boniske, Village Attorney
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA
d
Michael Reckwerdt, Slayor
13
08-02-12
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Bry. Koon, Director
Approved as to form and legal sufficiency:
Assistant General Counsel
14
08-02-I2
STATE OF FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY
K. 96mas Beck, AICY
Director, Division of Community
Development
Approved as to form and legal
sufficiency, subject only to full and
proper execution by the parties
Office of the General Counsel
Department of Economic Opportunity
1�
By: . A
Assi ener ounsel
Approved Date:
15
08-02-12
Exhibits to
Hurricane Evacuation Clearance Time Memorandum of Understanding
Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data:
Hotel, Motel and other Vacation Rental Units
Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data
for Site -Built and Mobile Homes
Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010
Statewide Regional Evacuation Study)
Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional
Evacuation Study)
Exhibit 5 Identification of contributing vehicles from Naval Air Station —Key West and Florida
Keys Community College.
Exhibit 6 Roadway Capacity, dated July 18, 2010, established by the Florida Department of
Transportation
16
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Exhibit 2
Table of Traffic Evacuation Zone (TEZ) Occupancy Data: Site -Built and Mobile Home Units
TEZ
Sub -County
Location
Site -Built
Mobile Home
Total
Occupancy
Rate
Occupied
Total
Total
Occupancy
Rate
Occupied
Total
1208
Key West
2,196
67.85%
1,490
1
100.00%
1
1209
Key West
2,252
65.32%
1,471
69
100.00%
69
1210
Key West
1,387
87.89%
1,219
8
100.00%
8
1211
Key West
2,779
77.69%
2,1591
42
100.00%
42
1212
Key West
514
92.61%
476
0
0.00%
0
1213
Key West
1,069
87.65%
937
365
96.44%
352
1214
Key West
289
85.35%
247
10
100.00%
10
1215
Key West
1,586
77.96%
1,236
15
100.00%
15
1216
Key West
699
78.40%
548
10
100.00%
10
1217
Key West
610
81.97%
5001
576
89.06%
513
1218
Key West
106
84.91%
90
304
79.28%
241
1219
Key West
448
86.61%
388
0
0.00%
0
1220
Lower Keys
1,041
86.36%
899
517
56.87%
294
1221
Lower Keys
1,112
71.22%
792
50
100.00%
50
1222
Lower Keys
1,521
55.03%
837
472
40.25%
190
1223
Lower Keys
2,477
66.98%
1,659
376
48.14%
181
1224
Lower Keys
1,174
59.20%
695
343
62.97%
216
1225
Lower Keys
464
63.79%
296
20
100.00%
20
1226
Middle Keys
747
56.09%
419
458
77.95%
357
1227
Middle Keys
1,613
58.15%
938
204
69.12%
141
1228
Middle Keys
3,854
49.35%
1,902
298
45.64%
136
1229
Middle Keys
1,093
37.60%
411
192
44.79%
86
1230
Middle Keys
258
62.79%
162
422
9.01%
38
1231
Middle Keys
1,155
34.37%
397
9
66.67%
6
1232
Upper Keys
525
57.52%
3021
123
33.33%
41
1233
Upper Keys
273
57.88%
158
64
34.38%
22
1234
Upper Keys
885
49.83%
441
122
53.28%
65
1235
Upper Keys
2,299
57.16%
1,314
79
37.98%
30
1236
Upper Keys
619
53.96%
334
162
54.94%
89
1237
Upper Keys
933
52.52%
490
366
45.63%
167
1238
Upper Keys
377
75.86%
286
177
20.90%
37
1239
Upper Keys
1,509
55.53%
838
105
2.86%
3
1240
Upper Keys
1,547
46.15%
714
371
46.90%
174
1241
Upper Keys
1,009
79.58%
803
293
49.15%
144
1242
Upper Keys
487
63.24%
308
809
48.21%
390
1243
Upper Keys
1,114
52.96%
590
649
63.64%
413
1244
Upper Keys
605
32.23%
195
10
50.00%
5
1245
Upper Keys
1,071
34.08%
365
32
46.88%
15
1246
Mainland
Monroe
4
50.00%
2
11
45.46%
5
Mainland
_ 12_47_ _ Monroe
Totals
_ _ _17
43,71$
_ _70.5_ 9_%
_ _ 12
27,320
_ _ _0
8,134
_ _ _0_.0_0%
_ 0
4,576
Source data: 2010 US Census and 2006-2010 American Community Survey for Monroe County
Exhibit 3
Table of Traffic Evacuation Zone (TEZ) Vehicle Per Unit Data: Site -Built, Mobile Home and Tourist Units
TEZ
Sub -County
Location
Site -Built
Mobile Home
Tourtst(basedonJulyOccupancy)
Occupied
Units
Vehicle per
Unit
Total
Vehicles
Occupied
Units
Vehicle per
Unit
Total
Vehicles
i!Qctupied
" Units
Vehiclq�per
Un
Total
Vehicles
1208
Key West
1,490
1.08859
1,622
1
1.00000
1
1,804
1.1
1,984
1209
Key West
1,471
0.99544
1,464
69
0.85507
59
1,535
1.1
1,689
1210
Key West
1,219
1.364231
1,663
8
1.37500
11
147
1.1
162
1211
Key West
2,159
1.41147
3,048
42
1.45238
61
1,0351
1.1
1,139
1212
Key West
476
1.22899
585
0
0.00000
0
190
1.1
209
1213
Key West
937
1.31910
1,236
352
1.36080
479
0
1.1
0
1214
Key West
247
1.45398
359
10
1.50000
15
28
1.1
31
1215
Key West
1,236
1.29993
1,607
15
1.26667
19
208
1.1
229
1216
Key West
548
1.31934
723
10
1.30000
13
898
1.1
988
1217
Key West
500
1.40800
704
513
1.40156
719
1
1.1
1
1218
Key West
90
1.64444
148
241
1.63900
395
19
1.1
21
1219
Key West
388
0.00000
0
0
0.00000
0
1
1.1
1
1220
Lower Keys
899
1.22914
1,105
294
0.62925
1851
1
1.1
1
1221
Lower Keys
792
1.92045
1,521
50
1.92000
96
103
1.1
113
1222
Lower Keys
837
1.24134
1,039
190
1.60000
304
80
1.1
88
1223
Lower Keys
1,659
1.41772
2,352
181
1.70166
308
62
1.1
68
1224
Lower Keys
695
1.01727
707
216
1.71759
371
165
1.1
182
1225
Lower Keys
296
1.75000
518
20
1.70000
34
5
1.1
6
1226
Middle Keys
419
0.94033
394
357
1.03081
368
392
1.1
431
1227
Middle Keys
938
1.51386
1,420
141
1.39716
197
151
1.1
166
1228
Middle Keys
1,902
1.71451
3,261
136
1.75735
239
1,154
1.1
1,269
1229
Middle Keys
411
1.52555
627
86
1.58140
136
455
1.1
501
1230
Middle Keys
162
1.71605
278
38
1.71053
65
59
1.1
65
1231
Middle Keys
397
1.62972
647
6
1.66667
10
117
1.1
129
1232
Upper Keys
302
1.89073
571
41
1.90244
78
136
1.1
150
1233
Upper Keys
158
1.88608
298
22
1.86364
41
780
1.1
858
1234
Upper Keys
441
0.00000
0
65
0.00000
0
72
1.1
79
1235
Upper Keys
1,314
1.86758
2,454
30
1.76667
53
70
1.1
77
1236
Upper Keys
334
1.79042
598
89
1.78652
159
16
1.1
18
1237
Upper Keys
490
1.32245
648
167
0.93413
156
131
1.1
144
1238
Upper Keys
286
1.60140
458
37
1.56757
58
40
1.1
44
1239
Upper Keys
838
1.95346
1,637
3
2.00000
6
165
1.1
182
1240
Upper Keys
714
1.88936
1,349
174
1.40230
244
654
1.1
719
1241
Upper Keys
803
1.81071
1,454
144
1.83333
264
180
1.1
198
1242
Upper Keys
308
1.42532
439
390
1.40513
548
1
1.1
1
1243
Upper Keys
590
2.12881
1,256
413
1.93220
798
145
1.1
160
1244
Upper Keys
195
0.46154
90
5
1.60000
8
221
1.1
243
1245
Upper Keys
365
0.81096
296
15
1.86667
28
66
1.1
73
1246
Mainland
Monroe
2
1.50000
3
5
1.40000
7
0
1.1
0
Mainland
_ 1247 Monroe
Totals
_ _ _12
27,320
_ 0.00000
_ _ 0
38,579
_ _ 0
4,576
0.00000
_ _ _0
6,533
_ _0
11,287
_ _ _ 1.1
_ _ _ 0
12,416
Source data: 2010 US Census and 2006-2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic
Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region
Exhibit 4
Table of Traffic Evacuation Zone (TEZ) Vehicle Use Rate Data: Site -Built, Mobile Home and Tourist Units
TEZ
Sub -County
Location
Site -Built
Mobile Home
TOOrist {based on July
Occupancy)
Total
Vehicles
Vehicle
Use Rate
Available
Vehicles
Total
Vehicles
Vehicle
Use Rate
Available
Vehicles
1041'
ehi`des'
Vehicle Use
hate
Available
Vehicles
1208
Key West
1,622
90%
1,460
1
90%
1
1,984
100%
1984
1209
Key West
1,464
90%
1,318
59
90%
53
1,689
100%
1,689
12 101
Key West
1,663
90%
1,497
11
90%1
10
162
100%
162
1211
Key West
3,048
90%
2,743
61
90%
55
1,139
100%1
1,139
1212
Key West
585
90%
526
0
90%
0
209
100%1
209
1213
Key West
1,236
90%
1,112
479
90%
431
0
100%
0
1214
Key West
359
90%
323
15
90%
14
31
100%
31
1215
Key West
1,607
90%
1,447
19
90%
17
229
100%
229
1216
Key West
723
90%
651
13
90%1
12
988
100%
988
1217
Key West
704
90%
634
719
90%
647
1
100%
1
1218
Key West
148
90%
133
395
90%
356
21
100%1
21
1219
Key West
0
90%
0
0
90%
0
1
100%
1
1220
Lower Keys
1,105
75%
829
185
75%
139
1
100%
1
1221
Lower Keys
1,521
75%
1,141
96
75%
721
113
100%
113
1222
Lower Keys
1,039
75%
779
304
75%
228
88
100%
88
1223
Lower Keys
2,352
75%
1,764
308
75%
231
68
100%
68
1224
Lower Keys
707
75%
530
371
75%
278
182
100%1
182
1225
Lower Keys
518
75%
388
34
75%
26
6
100%
6
1226
Middle Keys
394
80%
315
368
80%
294
431
100%
431
1227
Middle Keys
1,420
80%
1,136
197
80%
158
166
100%
166
1228
Middle Keys
3,261
80%
2,609
239
80%
191
1,269
100%
1,269
1229
Middle Keys
627
80%
502
136
80%
109
501
100%
501
1230
Middle Keys
278
80%
222
65
80%
52
65
100%
65
1231
Middle Keys
647
80%
518
10
80%1
8
129
100%
129
1232
Upper Keys
571
85%
485
78
85%
66
150
100%
150
1233
Upper Keys
298
85%
253
41
85%
35
858
100%
858
1234
Upper Keys
0
85%
0
0
85%
0
79
100%
79
1235
Upper Keys
2,454
85%
2,086
53
85%
45
77
100%
77
1236
Upper Keys
598
85%
508
159
85%
135
18
100%
18
1237
Upper Keys
648
85%
551
156
85%1
133
144
100%
144
1238
Upper Keys
458
85%1
389
58
85%
49
44
100%
44
1239
Upper Keys
1,637
85%
1,391
6
85%
5
182
100%
182
1240
Upper Keys
1,349
85%
1,147
244
85%
207
719
100%
719
1241
Upper Keys
1,454
85%
1,236
264
85%
224
198
100%
198
1242
Upper Keys
439
85%
373
548
85%
466
1
100%
1
1243
Upper Keys
1,256
85%
1,068
798
85%1
678
160
100%
160
1244
Upper Keys
90
85%
76
8
85%
7
243
100%
243
1245
Upper Keys
296
85%
252
28
85%
24
73
100%1
73
1246
Mainland
Monroe
3
75%
2
7
80%
6
0
100%
0
Mainland
1_247 Monroe
Totals
__ _0
38,579
_7_5%
_ _ 0
32,394
_ _ 0
6,533
80_0
_ _0
5,461
_ _ _0
- 12,416
____10_0%
_ _ _0
- 2,416
Source data: 2010 US Census and 2006-2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend
Report; 2010 Statewide Regional Evacuation Study: South Florida Region
Exhibit 5
Table of Traffic Evacuation Zone (TEZ) Data: Special Population
Sub -County
Special Population
Number of
TEZ
Originating Location
Location
Type
Beds/Vehicles Used
Florida Keys Community
University
1216
Key West
Population
College - Blue Lagoon
100 vehicles
Residence Hall
NAS Key West
NAS Key West - Boca
1220
Lower Keys
I
2,338 vehicles
Personnel
Chica
Source data: Naval Air Station (NAS) Key West; Florida Keys Community College
Exhibit 6
Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane:
US Highway 1(Overseas Highway) and CR 905/Card Sound Road in the Florida Keys, Monroe
County, Florida
Milemarkers
Functional
Maximum Sustainable
From
To
Area
Location/Description
Evacuation Lane
Flow Rate per Functional
Lane
Lower
2
4
Key West to Stock
2
900
Keys
Island
Lower
Stock Island To Big
Keys
4
9
Coppitt Key
2
900
Lower
9
17
Big Coppitt to
1
1,100
Keys
Sugarloaf Key
Lower
17
22
Sugarloaf toCudjoe
1
1,100
Keys
Key
Lower
Cudjoe Key to
Keys
22
24
Summerland Key Cove
1
1,100
Ai ort
Lower
Summerland Key Cove
Keys
24
25
Airport to Summerland
1
1,100
Key
Lower
25
30
Summerland Key to
1
1,100
Keys
Bia Pine Key
Lower
30
34
Big Pine Key to West
1
1,050
Keys
Summerland Keys
Lower
West Summerland
Keys
34
35.2
Keys to Spanish
1
1,100
Harbor Keys
Lower
35.2
36.5
Spanish Harbor Keys
2
1,100
Keys
to Bahia Honda Bridge
Lower
Bahia Honda Bridge to
Keys
36.5
37.5
Bahia Honda Key
1
1,100
Middle
BahiaHonda Key to
37.5
47
1
1,200
g Key
Middle
47
48
Hog Key to Boot Key
1
1,100
Keys
Middle
Keys
48
50.2
Boot Key to Marathon
2
900
Middle
Marathonto Marathon
Y
50.2
58
2
900
Middle
Marathon Shores to
Keys
50.8
54
Key Colony Beach
2
900
Middle
54
54.5
Key Colony each to
2
900
Keys
Deer Key
Middle
Deer Key to Grassy
Keys
54.5
58
Key
1
1,100
Upper Keys
58
74
Grassy Key to
1
1,100
Matecumbe Harbor
Upper Keys
74
80
Matecumbe Harbor to
1
1,100
Teatable Key
Upper Keys
80
83.5
Teatable Key to
1
1,100
Islamorada
Upper Keys
83.5
85.6
Islamoradlaeo Windley
1
1,100
Key
Upper Keys
85.6
90
Windley Key to
1
1,100
Plantation Key
Upper Keys
90
100
Tavernier Key to
2
900
Newport Key
Upper Keys
100
105
Newport Key to
2
900
Sexton Cove
Upper Keys
105
106.3
Sexton Cove to
2
900
Rattlesnake Key
Upper Keys
106.3
126.5
Rattlesnake Key to
1
1,200
Card Sound Road
Upper Keys
126.5
HEFT
Card Sound Road to
1
900
HEFT
v
Exhibit 6
Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane:
US Highway I (Overseas Highway) and CR 905/Card Sound Road in the Florida Keys, Monroe
County, Florida
Milemarkers
Functional
Maximum Sustainable
From
To
Area
Location/Description
Flow Rate per Functional
Evacuation Lane
Lane
Int CR
Lake Surprise to
Upper Keys
106.3
905/CR
Crocodile Lake
1
1,100
Ocean
Int CR
Tanglefish Key to
Upper Keys
905/CR
1
1,100
Reef
905A
Crocodile Lake
Int CR
Crocodile Lake to
Upper Keys
905/CR
USI
1
1,100
South Miami Dade
905A
Source data: Florida Department of Transportation: Letter to Department of Community Affairs on June 18,
2010 - Tables 2A and 28; Statewide Regional Evacuation Study for the South Florida Region
[-
Goal X— Workforce -Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the County shall
participate in the Workforce -Affordable Housing Initiative, as approved during the June 13, 2018 meeting
of the Administration Commission. The Workforce -Affordable Housing Initiative will require new
construction that participates to commit to evacuating renters in the 48-hour window of evacuation.
Objective XX — Provide Workforce -Affordable Housing Building Permit Allocations.
The County shall establish a new limited category (needs a name -Phase One Affordable
(POA)????) for 300 workforce -affordable building permit allocations to participate in the
Workforce -Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution, and enforcement of requirements associated with
the POA allocations. Monroe County shall ensure adherence to these requirements through
implementing the policies of this objective.
Policy X.1.1— Distribution of Workforce -Affordable Housing Allocations. Workforce -
affordable housing allocations shall be distributed in accordance with (insert policy
describing BPAS ranking procedures or ranking procedures specific to POA ).
Policy X.1.2 - Specific Standards and Requirements for Workforce -Affordable Housing.
Workforce -affordable housing units built under this program shall:
a. be multifamily structures,
b. be rental units,
c. require, at a minimum, adherence to the latest edition of the Florida Building
Code as published by the Florida Building Commission,
d. not be placed in the V-Zone or within the Coastal Barrier Resource Systems,
e. require on -site property management,
f. comply with applicable locational criteria and densities for multifamily
affordable housing units,
g. incorporate sustainable and resilient design principles into the overall site
design,
h. ensure accessibility to employment centers and amenities;
i. require deed -restrictions ensuring:
i. the property remains workforce -affordable housing in perpetuity,
ii. tenants evacuate during the period in which transient units are
required to evacuate,
iii. rental agreements contain a separate disclosure requiring renters to
acknowledge that failure to adhere to the evacuation requirement
could result in severe penalties, including eviction, to the resident,
iv. onsite property managers are formally trained in evacuation
procedures.
Policy X.1.3— Evacuation exemptions. Persons living in workforce -affordable housing
who are exempt from evacuation requirements of Policy X.1.2.i.1 include all first
LU
responders, correction officers, health care professionals, or other first -response workers
required to remain during an emergency, provided the person claiming exemption under
this policy has faithfully certified their status with property management.
u
Policy-X.1.4 —ADA Compliance. All workforce -affordable housing developments must
demonstrate compliance with all applicable federal standards for accessibility for persons
with disabilities.
Policy X.1.4 -Evaluation and Report. Monroe County shall Local governments participating in the
program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???)
of each year indicating the number of workforce -affordable units built, occupancy rates, and
compliance with the requirement to evacuate the units in the Phase I evacuation.
1�
r1,1EETIRG OF TAE;1 1 1
June 13, 1 8 at -00 am
Cabinet Meeting Room - Lower Level, The Capitol, Tallahassee, Florid
INVOCATION, Mackenzie Poppell and Carsyn Jarvis
PLEDGE OF ALLEGIANCE, Imani Walker
NATIONAL ANTHEM, Cecilia Malley, Leon High School Student
MEDAL OF MERIT, Governor Rick Scott
RESOLUTION - FSU WOMENS SOFTBALL TEAM, CFO Jimmy Patronis
RESOLUTION - FSU BASEBALL COACH MIKE MARTIN, CFO Jimmy Patronis
BUSINESS AMBASSADOR AWARD, Governor Rick Scott
YOUNG ENTREPRENEUR AWARD, Governor Rick Scott
ECONOMIC GROWTH REPORT,
Executive Director Cissy Proctor, Department of Economic Opportunity
CHAMPION OF SERVICE, Governor Rick Scott
SHINE AWARDS, Governor Rick Scott
RECOGNITION - ANTI -DRUG PERFORMANCE, Attorney General Pam Bondi
RESOLUTION - DEPARTMENT OF LAW ENFORCEMENT ANNUAL AWARDS,
CFO Jimmy Patronis
RESOLUTION - FLORIDA PUBLIC POWER LINE WORKERS, Commissioner Adam Putnam
RESOLUTION - FLORIDA TAX COLLECTORS' KIDS TAG ART PROGRAM,
Commissioner Adam Putnam
RESOLUTION - PRUDENTIAL PRODUCTIVITY AWARDS, CFO Jimmy Patronis
APPOINTMENT PROCESS DISCUSSION- CITIZENS INSPECTOR GENERAL
APPOINTMENT - COMMISSION ON OFFENDER REVIEW, COMMISSIONER
APPOINTMENT - COMMISSION ON OFFENDER REVIEW, CHAIR AND VICE CHAIR
APPOINTMENT - COMMISSION ON OFFENDER REVIEW, TEMPORARY COMMISSIONERS
FLORIDA1 Executive Director Glenn Sutphin
1. Minutes - March 7, 2018
2. 3rd Quarter Performance Report FY 2017-18
DEPARTMENT OF LAW ENFORCEMENT
Commissioner Rick Swearingen
6/12 Packet Pg. 1996
01,1EETIRG OF TAE;1 1 1
June 13, 2018 . -00 am
Cabinet Meeting Room - Lower Level, The Capitol, Tallahassee, Florid
1. Minutes - March 7, 2018
2. FY 2017-18 3rd Quarter Performance Measures Report
3. Rules - Final Adoption
HIGHWAY1 Executive Director Terry Rhodes
1. Minutes - October 17, 2017 and November 7, 2017
2 2nd and 3rd Quarter Performance Reports FY 2017-18
3. Rule - Final Adoption
DEPARTMENT OF REVENUE, Executive Director Leon Biegalski
1. Minutes - March 7, 2018
2. Rule - Final Adoption
3. Rule - Notice
4. Rule - Notice
5. Rule - Notice
6. 3rd Quarter Performance Report FY 2017-18
OFFICEINSURANCE REGULATIONCommissioner David Altmaier
1. Minutes - March 7, 2018
2. Rule - Publication
3. Rule - Publication
4. Rule - Publication
5. Commissioner Performance Evaluation and Leadership Assessment
OFFICE1 1AL REGULATIO Deputy Commissioner Pam Epting
1. Minutes - February 8, 2018
2. Rule - Notice
3. Rule - Notice
DIVISION OF BOND 1 Executive Director Ben Watkins
1. Minutes - March 7, 2018
2. Reports of Award
3. Bond Issuance - Right -of -Way
4. Bond Issuance - Department of Transportation
5. Municipal Advisors
6. Consolidated Equipment Financing Program
7. Budget for FY 2018-19
STATE BOARD OF ADMINISTR1 Executive Director Ash Williams
1. Minutes - March 7, 2018
2. Fiscal Determination - Florida Housing Finance
3. Fiscal Determination - Florida Housing Finance
4. Fiscal Sufficiency to Bond Finance Item
5. Fiscal Sufficiency to Bond Finance Item
6. Report - Florida Prime
7. 2018-2019 Florida Hurricane Catastrophe Reimbursement Premium Formula
8. 2018 Corporate Governance Principles and Voting Guidelines
9. Investment Policy Statement Changes - Florida Retirement System
10.Approval Investment Policy Statement- Florida Prime
11. SBA Quarterly Report
6/12 packet Pg. 1997
01,1EETIRG OF TAE."
June 13, 2018 . -00 am
Cabinet Meeting Room - Lower Level, The Capitol, Tallahassee, Florid
12. Letter - Florida Prime
13. Quarterly Reports
14. Proposed Budgets for FY 2018-19
ADMINISTRATION C1 1 Nick Primrose
1. Minutes - March 7, 2018
2. 2017 Florida Keys ACSC Annual Report
3. Department of Economic Opportunity's Keys Workforce Housing Initiative
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
Secretary Noah Valenstein
1. Minutes - February 8, 2018 and March 7, 2018
2. 2018 Florida Forever Five -Year Plan
3. Alligator Harbor Aquatic Preserve Management Plan
4. Sovereignty Submerged Lands Lease - Duval County
5. Sovereignty Submerged Lands Lease - Volusia County
6. Sovereignty Submerged Lands Lease - Bay County
7. Sovereignty Submerged Lands Lease - Miami Dade County
8. Deed Issuance - Sarasota County
9. Fisheating Creek Settlement Agreement Advisory Board - Glade County
10. FY 2017-2018 3rd Quarter Performance Accountability Measures
11.Aquaculture Use Zone Expansion - Levy County
12. Rural & Family Lands Land Acquisition - Highlands County
13. Rural & Family Lands Land Acquisition - Manatee County
14. Rural & Family Lands Land Acquisition - Madison County
15. Rural & Family Lands Land Acquisition - Putnam County
16. Rural & Family Lands Protection Program Prioritized Acquisition List
6/12 packet Pg. 1998
ADMINISTRATION COMMISSION
AGENDA
June 13, 2018
Attachments to the items below can be accessed through the following link:
http://www.myflorida.com/myflorida/cabinet/adcom/20180613 index.htmi
1. Approval of the minutes of the March 7, 2018 meetings.
See meeting transcripts at:
httt2://www.myflorida.com/myflol ida/cabinet/agendal 8/0307/transcript.pdf
2. Consideration of the Department of Economic Opportunity's 2017 Florida Keys
Area of Critical State Concern Annual Report.
The Department of Economic Opportunity's (Department's) 2017 Florida Keys Area of
Critical State Concern Annual Report is before the Commission pursuant to section
380.0552, Florida Statutes. The Report addresses the annual review of progress of
Monroe County, the City of Marathon, and the Village of Islamorada in completing
certain work program tasks set forth in Commission rules.
In accordance with subsection 380.0552(4), Florida Statutes, the Department completed a
comprehensive review of all related statutory and rule requirements, evaluated
information submitted by local governments and state agencies, and made findings and
recommendations on the progress of the local governments in accomplishing all required
work program tasks. The Department recommends the following actions:
1) Accept the 2017 Annual Report for Monroe County, the City of Marathon, and the
Village of Islamorada;
2) Continue the Florida Keys Area of Critical State Concern designations; and,
3) Accept the Department's recommendation that progress toward accomplishing the tasks
of the work program have been achieved for Monroe County, the City of Marathon, and
the Village of Islamorada.
Back -Up:
2017 Florida Keys Area of Critical State Concern Annual Report
3. Presentation of the Department of Economic Opportunity's Keys Workforce
Housing Initiative.
The Department of Economic Opportunity presents to the Administration Commission a
proposal for enhanced workforce housing in the Florida Keys. The proposed Keys
Workforce Housing Initiative will allow local governments to grant additional building
permits for rental properties.
Administration Commission Agenda
June 13, 2018
Page 12
The Department is charged with reviewing local development decisions in the Florida
Keys due to its legislative designation as an Area of Critical State Concern. State law
requires that growth be limited in the Keys to ensure that residents can evacuate safely
within 24 hours in advance of a hurricane. State law also requires affordable housing be
available near places of employment in the Florida Keys. The Keys Workforce Housing
Initiative meets these two legislative mandates by allowing new construction of
affordable housing that commits to evacuating renters 48-hours in advance of a hurricane.
The initiative will allow up to 1,300 new building permits for workforce housing
throughout the Florida Keys, with no more than 300 per local government. Local
governments that choose to participate in the initiative will work with the Department to
amend their comprehensive plans to allow for additional building permits that meet these
safety requirements. The Department recommends the following actions:
1) Accept the Keys Workforce Housing Initiative.
Back -UP:
Keys Workforce Housing Initiative Write Up
Keys Workforce Housing Initiative Visual
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5
6
7
8
9
10
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13
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15
16
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19
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STATE OF FLORIDA
IN RE: MEETING OF THE GOVERNOR AND
CABINET
CABINET MEMBERS: GOVERNOR RICK SCOTT
ATTORNEY GENERAL PAM BONDI
CHIEF FINANCIAL OFFICER
JEFF ATWATER
COMMISSIONER OF AGRICULTURE
ADAM PUTNAM
DATE: WEDNESDAY, JUNE 13, 2018
LOCATION: CABINET MEETING ROOM
LOWER LEVEL, THE CAPITOL
TALLAHASSEE, FLORIDA
REPORTED BY:
NANCY S. METZKE, RPR, FPR
COURT REPORTER
C & N REPORTERS
POST OFFICE BOX 3093
TALLAHASSEE, FLORIDA 32315-3093
(850) 697-8314 / FAX (850) 697-8715
nancy@metzke.com
candnreporters.com
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INDEX
PAGE NO.
Citizens Property Insurance
Corporation Presentation
By CFO Patronis 5
Appointment process Discussion -
Citizens Inspector General 21
Appointment - Commission on
Offender Review, Commissioner 23
Appointment - Commission on
Offender Review, Chair and
Vice Chair 29
Appointment - Commission on
Offender Review, Temporary
Commissioners 30
Department of Veterans Affairs
By Director Sutphin 32
Florida Department of Law Enforcement
By Commissioner Swearingen 35
Highway Safety and Motor Vehicles
By Executive Director Rhodes 38
Department of Revenue
By Executive Director Biegalski 41
Office of Insurance Regulation
By Commissioner Altmaier 44
I
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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INDEX CONTINUING
PAGE NO.
Office of Financial Regulation
By Deputy Commissioner Epting 56
Division of Bond Finance
By Director Watkins 58
State Board of Administration
By Director Williams 67
Administration Commission
By Nick Primrose 77
Board of Trustees of the Internal
Improvement Trust Fund
By Secretary Valenstein 105
3
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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toward accomplishing the tasks of the work program
2
have been achieved for Monroe County, the City of
3
Marathon, and the Village of Islamorada.
4
GOVERNOR SCOTT: All right. Is there a motion
5
on the item?
6
COMMISSIONER PUTNAM: So move.
7
GOVERNOR SCOTT: Is there a second?
8
ATTORNEY GENERAL BONDI: Second.
9
GOVERNOR SCOTT: Comments or objections?
10
(NO RESPONSE) .
11
GOVERNOR SCOTT: Hearing none, the motion
12
carries.
13
MR. PRIMROSE: And then the last agenda Item 2
14
is a consideration of the Keys' Workforce Housing
15
Initiative.
16
Julie Dennis will present an overview of that,
17
and then we also do have some local officials that
18
want to speak.
19
MS. DENNIS: At the request of Governor Scott,
20
I am pleased to present the Keys' Workforce Housing
21
Initiative.
22
The goal of this initiative is to provide a
23
path forward for Keys' communities to address
24
workforce housing during long-term recovery. DEO
25
plays a unique role in the Florida Keys due to
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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their designation as an Area of Critical State
2
Concern. We are charged with helping communities
3
balance a myriad of issues when making local
4
development decisions, including the need to
5
provide affordable housing near places of
6
employment as well as ensure safety -- safe
7
evacuation for residents.
8
Over the past year, DEO has visited with many
9
business owners, community leaders, and government
10
officials in the Florida Keys to understand their
11
unique needs. We continuously heard from
12
businesses and community leaders that it is
13
difficult to keep people on staff because they
14
struggle to find places to live, not just employees
15
that staff the restaurants and the hotels that are
16
so important to the tourism -based industry down
17
there, but also law enforcement and teachers and
18
other public employees.
19
While this has been a challenge for decades,
20
the need for workforce housing is now a crisis and
21
the Number 1 issue following Hurricane Irma. In
22
fact, the City of Marathon, which serves as the hub
23
for workforce housing, recently passed a resolution
24
requesting additional building permit allocations
25
to address affordable housing needs from Hurricane
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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1
Irma.
2
With significant state and federal resources
3
flowing to the Keys to address affordable house,
4
the Keys have a once -in -a -lifetime opportunity to
5
help resolve the issue of workforce housing that
6
has challenged their island communities for
7
decades. DEO is committed to helping the Keys
8
seize the moment and find creative solutions that
9
help them recover and come back stronger than ever.
10
The proposed Keys' Workforce Housing
11
Initiative can provide a path forward by allowing
12
local government to grant new building permit
13
allocations for workforce rental properties that
14
agree to evacuate 48 hours in advance of hurricane
15
landfall. DEO proposes to allow up 1,300 new
16
building permit allocations for deed -restricted
17
workforce rental housing throughout Monroe County
18
with an initial allocation of no more than 300 per
19
community.
20
Local governments that choose to participate
21
in this program can work with DEO to amend their
22
local comprehensive plans to detail the requirement
23
for deed -restricted workforce housing that receive
24
these allocations. By allowing local governments
25
to request the number of allocations they need and
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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design the requirements for these allocations, the
2
state is ensuring that communities are in the
3
driver seat to control recovery. If this
4
initiative is accepted, DEO with travel to the Keys
5
to meet with all interested local governments to
6
work together to draft comprehensive plan language
7
and finalize all local requirements.
8
Safety is a top priority. With our partners
9
at the Florida Division of Emergency Management, we
10
will work with the Keys' communities to develop
11
strategies that build off of their already -in -place
12
evacuation procedures for this timeframe.
13
We have heard the challenges expressed by
14
community members about the housing crisis in the
15
Florida Keys. It is our hope that the Keys'
16
Workforce Housing Initiative will provide a path
17
forward to ensure the success of these communities.
18
In conclusion, the Keys remain strong, and
19
their tireless commitment to rebuild their
20
communities is inspiring. We hope to help ensure
21
the success of their housing recovery efforts and
22
recommend that you accept the Keys' Workforce
23
Housing Initiative. We appreciate the efforts of
24
these local governments and look forward to
25
continuing our cooperative relationship with the
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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Florida Keys' communities.
2
And, Governor and members of the Cabinet, if
3
you have any questions at this time, I'm happy to
4
take them.
5
GOVERNOR SCOTT: Does anybody have any
6
questions now?
7
Commissioner.
8
COMMISSIONER PUTNAM: How many affordable I
9
guess workforce housing units do you estimate were
10
lost as a result of Irma?
11
MS. DENNIS: We understand that there were
12
four -- around 4,000 homes that were either
13
significantly damaged or destroyed as a result of
14
Hurricane Irma, and a significant portion of those
15
4,000 were mobile homes and site -- you know, older
16
single-family homes that served as workforce
17
housing.
18
COMMISSIONER PUTNAM: And then what would you
19
add to that number that would have been the
20
nonconforming housing arrangements that were going
21
on downstairs?
22
MS. DENNIS: You know, that's difficult to
23
tell, but I'm sure that there were -- that did
24
compound workforce housing issues for them as well.
25
COMMISSIONER PUTNAM: And so the sites that,
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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you know, where we had the mobile home parks like
2
around Ohio Key and all that that were piled up,
3
that is the real estate that is most likely to have
4
the new workforce housing assuming we permit it?
5
MS. DENNIS: Well, so those sites that were
6
damaged, one thing to know about those is those
7
were not -- while they were serving as affordable
8
housing for the workforce, they were not
9
deed -restricted affordable housing. So it is
10
likely that as folks make decisions on how to
11
rebuild in those communities that people may have
12
to make a decision. When they're rebuilding those,
13
it's going to be expensive to build back to code so
14
that we have resilient housing down there.
15
And people that were renting those mobile
16
homes may not be able to afford the rents that will
17
be imposed upon the new housing that's built in its
18
place. So this doesn't necessarily replace that
19
home because we -- because those were not
20
deed -restricted affordable units, those can be
21
built back to actually be any kind of home down
22
there. This would allow some new workforce housing
23
that will be very -- built to code, very resilient
24
to help them solve this crisis.
25
COMMISSIONER PUTNAM: Well, one thing we all
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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learned was the code worked. Building to code
2
worked, and it was evident.
3
MS. DENNIS: Yes, absolutely. Absolutely.
4
COMMISSIONER PUTNAM: Thank you.
5
MS. DENNIS: Thank you.
6
GOVERNOR SCOTT: CFO.
7
CFO PATRONIS: Thank you, Governor.
8
With the mobile home parks that were there, is
9
there a migration of people replacing and bringing
10
mobile homes back, manufactured homes back into
11
those parks again?
12
MS. DENNIS: In many places in the Keys, you
13
can't bring mobile homes back --
14
CFO PATRONIS: You cannot?
15
MS. DENNIS: -- into those areas. That's a
16
local code enforcement issue.
17
But in most places we're seeing that the Keys'
18
communities are coming out with various options for
19
resilient housing that would be affordable and kind
20
of serve that needs that would be built to code and
21
could serve that same -- could be built in that
22
same space.
23
CFO PATRONIS: So the structures that were
24
there that were destroyed by Irma were
25
grandfathered structures then.
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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MS. DENNIS: Let's see, the structures that
2
were destroyed -- likely in a lot of cases, I will
3
have to -- yes, the county is nodding yes.
4
CFO PATRONIS: That's right, okay.
5
MS. DENNIS: Thank you.
6
CFO PATRONIS: Okay. So then all new
7
structures will have to be of code.
8
MS. DENNIS: Absolutely. Absolutely. Yes.
9
CFO PATRONIS: Okay.
10
COMMISSIONER PUTNAM: And the fundamental
11
conflict here is that the conflict between
12
affordability and resiliency. I mean it costs a
13
lot of money to have them up to code to withstand
14
what they endured during this storm. So that's the
15
ultimate conflict. We know the code works, but we
16
know it's expensive.
17
MS. DENNIS: Yes, and one thing that -- the
18
one positive rainbow that has come out of all of
19
this is the Federal Government has provided funding
20
for affordable house for long-term recovery. So at
21
a minimum, 90 --
22
GOVERNOR SCOTT: And this is just the first
23
traunch.
24
MS. DENNIS: That's right. That's right.
25
GOVERNOR SCOTT: And we should get -- I think
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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it's a little bit later, right, that we get the --
2
MS. DENNIS: Yes.
3
GOVERNOR SCOTT: -- we put together a proposal
4
for the second traunch, right?
5
MS. DENNIS: Yes.
6
GOVERNOR SCOTT: In the next couple of months?
7
MS. DENNIS: Uh-huh. That's right. That's
8
right. So a total of 1.4 billion will be received,
9
and the first -- of the first 616 million, 90
10
million, at least 90 million is going to be
11
supporting workforce and affordable housing needs
12
in the Keys. So we really want to set them up for
13
success to take advantage of this and build back in
14
a very resilient manner.
15
GOVERNOR SCOTT: And the goal is to get the
16
money as quick as we get done.
17
MS. DENNIS: Yes. Yes, it is.
18
GOVERNOR SCOTT: I think we're -- what is it,
19
are there still four states that haven't had their
20
proposals yet; is that right?
21
MS. DENNIS: That's right. We're leading the
22
pack right now.
23
GOVERNOR SCOTT: Yeah, so we should be hearing
24
soon. Hopefully we'll hear soon.
25
MS. DENNIS: Yes.
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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GOVERNOR SCOTT: Okay. Anybody else?
2
(NO RESPONSE) .
3
GOVERNOR SCOTT: Okay. I think we have some
4
other speakers.
5
MS. DENNIS: Thank you.
6
GOVERNOR SCOTT: Thanks, Julie.
7
MR. PRIMROSE: Our first speaker, and I hope
8
I'm not giving out the mayor title undeserved but
9
Michelle Coldiron, City of Marathon.
10
Mayor COLDIRON: Good afternoon.
11
GOVERNOR SCOTT: Good afternoon.
12
MAYOR COLDIRON: On behalf of the City of
13
Marathon, the City Council and the Marathon staff,
14
I want to thank you, Governor Scott, members of the
15
Cabinet, DEO, and your staff. Thank you for your
16
incredible support during this year.
17
Thank you for taking the time to listen to the
18
needs of Marathon. You and your staff spent
19
considerable time prior to the hurricane,
20
immediately after the hurricane, up and through
21
till today working with the City of Marathon and
22
our staff and our elected officials to help create
23
this workforce housing initiative that will give
24
Marathon 300 much needed workforce housing building
25
allocations. Thank you.
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
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You have 100 percent support from our city,
2
our staff, and our council. We are committed to
3
doing our part to help resolve the workforce
4
housing crisis. We took the FIU study to heart.
5
We formed a task force and listened to their
6
suggestions.
7
We understand that it takes all types of
8
housing to maintain our community. In the past
9
three years, our city council has approved and
10
constructed over 200 plus workforce housing units.
11
We have given out more than $200,000 in grant money
12
for first-time homeowners. We have supported
13
habitat for humanity homeownership projects. We
14
strengthened the language in our affordable deeds
15
to ensure they last in perpetuity. We have
16
protected logical workforce housing units by deed
17
restricting them affordable.
18
In Marathon, we have the will, we have the
19
land, and we have the potential grant money and
20
public/private partnerships, we can build. What we
21
don't have are the affordable building allocations.
22
We felt we were already losing the battle before
23
the hurricane as many of our homes were already
24
being converted to vacation rentals and a
25
percentage of second homeowners were increasing.
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
98
1
In the past three years, the number of
2
vacation rentals has increased over to 650. A
3
majority of these homes used to be owned -- owner
4
occupied homes by people working in Marathon or
5
rented full time by our workforce.
6
While the number of housing units have
7
increased, the population of full-time residents
8
have not increased. And it should be noted that
9
these 650 vacation rental homes now fall under the
10
mandatory evacuation at the same time as our
11
hotels.
12
As our Governor and a frequent visitor to
13
Marathon, you understand that a successful tourist
14
town needs a service industry, and it is extremely
15
important to our economy. Right after the
16
hurricane we had a family that owned a restaurant.
17
It was destroyed. They received an SBA loan. They
18
were able to rebuild. They need to be open now
19
seven days a week for lunch and dinner in order to
20
make their costs. They can't find workers because
21
their workers don't have a place to live.
22
Many of our attractions, such as our not for
23
profit dolphin research center, are dependent on
24
college educated marine biologists. Most work more
25
than one job; they share houses to rent; they lost
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
99
1
their rental units.
2
One last story along that line. Marathon had
3
to close our local jail because the Monroe County
4
Sheriff staff has shortages due to the fact that
5
they have no place to live.
6
The City of Marathon looks forward to
7
continuing to work with you and your staff and DEO
8
to further develop the details and options of these
9
300 units and to create comprehensive plan
10
amendments that take into consideration our Number
11
1 goal of community safety while keeping our
12
economy vibrant.
13
Thank you so much.
14
GOVERNOR SCOTT: You have a nice town. It's a
15
nice place to visit.
16
MAYOR COLDIRON: Thank you. We appreciate you
17
coming.
18
MR. PRIMROSE: Next I'm going to ask Thomas
19
Hawkins of 1000 Friends of Florida.
20
GOVERNOR SCOTT: Good afternoon.
21
MR. HAWKINS: Yeah, I was going to good
22
morning, but I think you're right, it may be
23
afternoon already.
24
I appreciate the opportunity to speak. My
25
name is Thomas Hawkins. I'm with 1000 Friends of
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
100
1
Florida. I drove up from Gainesville this morning,
2
and I appreciate the color of your blazer,
3
CFO Patronis. I wore my orange and blue tie since
4
we'll be going to Omaha from Gainesville this year.
5
I wanted to start by refreshing our memory on
6
where this conversation starts, and that's with
7
this requirement that if folks are going to survive
8
a severe storm that might come in the Keys they
9
need to evacuate and evacuate safely 24 hours
10
before a storm. And starting from that
11
requirement, it's really imposed by reality, by the
12
fact that U.S. 1 doesn't have a capacity to let an
13
unlimited number of folks get out.
14
State and local law impose restrictions on the
15
rate of growth in the Keys, and those restrictions
16
are both from the Administration Commission because
17
the Keys are in your Area of Critical State
18
Concern, and in the comprehensive plans of local
19
governments.
20
Of course the plan that you're considering now
21
acts outside of that framework. We haven't updated
22
our transportation models to see whether these
23
additional units are going to house folks who can
24
evacuate as permanent residents in that mandatory
25
24-hour time period. And as such, I'd ask that you
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
101
1
not adopt the initiative today because I really
2
think that we have other options to look for
3
affordable housing in the Keys. And I think those
4
are a better option for the Department of Economic
5
Opportunity and the local governments to work
6
towards in solving this affordable housing crisis
7
without creating conflict with our need to safely
8
evacuate folks in the event of a storm.
9
So for one, we've talked the affordable -- the
10
housing units including affordable housing units
11
that were destroyed in Hurricane Irma. I would
12
urge a focus on rebuilding those as affordable
13
units.
14
Also, we under current law allocate new units
15
to Keys communities every year. I think we should
16
focus on making more of those restricted for
17
affordable housing, if our goal is to have more
18
affordable housing in the Keys, and I think that is
19
the right goal.
20
And then finally, we've talked about the
21
number of housing units in the Keys, possibly as
22
many as half that have been converted to vacation
23
rentals, and that's -- those conversions have been
24
increasing over time. And they may have reached a
25
point where they're not sustainable, and we should
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
102
1
focus on a public policies that move vacation
2
rentals back into housing for permanent residents.
3
And I think those are the right strategies
4
because they don't add more population to an area
5
that really is limited by public safety needs in
6
its population, and the current numbers are based
7
on good models that took those safety concerns into
8
mind.
9
So again, I would urge you not to adopt the
10
initiative today but look for other options. And I
11
appreciate your attention and time. Thanks again.
12
GOVERNOR SCOTT: Does anybody have any
13
questions?
14
(NO RESPONSE) .
15
GOVERNOR SCOTT: All right. Thank you.
16
MR. PRIMROSE: And then the last speaker is
17
Jim Scholl, the City Manager of the City of Key
18
West.
19
GOVERNOR SCOTT: Hi, Jim.
20
MR. SCHOLL: Governor and members of the
21
Cabinet, thanks for allowing me to speak today.
22
As I was introduced, Jim Scholl, City Manager
23
for Key West. On behalf of Mayor Craig Cates and
24
the entire city, we applaud this initiative. We're
25
a hundred percent supportive of this initiative and
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
I
103
1
believe it's a great arrow in that quiver of
2
solutions to be able to retain our workforce.
3
We're not adding bodies. We need places for the
4
existing workforce to live and to live in safe
5
homes.
6
So this is a wonderful solution. I know Mayor
7
Coldiron spoke very eloquently on all of the
8
details of it, but we have a great working
9
relationship with Julie Dennis and other staff
10
members at DEO, and we'll figure out the details to
11
make it work for Key West. So, again, we applaud
12
that initiative and really look forward to getting
13
this approved. So thank you.
14
GOVERNOR SCOTT: Thanks. Does anybody have
15
any questions for Jim?
16
(NO RESPONSE) .
17
GOVERNOR SCOTT: Okay.
18
MR. PRIMROSE: I don't believe we have any
19
other speakers. So to finish this agenda item, the
20
Department's recommendation for the housing
21
initiative is to accept the Keys' Workforce Housing
22
Initiative.
23
GOVERNOR SCOTT: All right. Are there any
24
questions before we get started?
25
CFO PATRONIS: No, sir.
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
104
1
GOVERNOR SCOTT:
Does anybody have a motion?
2
CFO PATRONIS:
So move.
3
ATTORNEY GENERAL
BONDI:
Second.
4
GOVERNOR SCOTT:
Second?
Comments or
5
objections?
6
(NO RESPONSE) .
7
GOVERNOR SCOTT:
Hearing
none, the motion
8
carries.
9
MR. PRIMROSE: All
right.
That concludes our
10
agenda.
11
GOVERNOR SCOTT:
Thanks,
Julie. Thanks,
12
everybody for being up here.
Good luck. Just stay
13
involved because, you
know, we
have the second
14
round of money.
15
16
17
18
19
20
21
22
23
24
25
C & N REPORTERS TALLAHASSEE, FLORIDA 850-
County of Monroe
The Florida Keys
June 6, 2018
Cissy Proctor, Executive Director
Department of Economic Opportunity
107 East Madison Street
Caldwell Building
Tallahassee, Florida 32399
°
BOARD OF COUNTY COMMISSIONERS
Mayor DaNiri Ricc, District 4
Mawr Pro Teen Sylvin J. Murphy. District 5
Danny L Kolliage, District I
George Neugent. Distiiet 2
Heather Carnithers, Distnet 3
RE: Keys Workforce Housing Initiative — potential 1300 additional affordable workforce
housing allocations
Dear Ms. Proctor:
This letter shall serve as follow up to the Press Release issued on May 2, 2018 from the office of Governor
Scott regarding a directive to the Department of Economic Opportunity (DEO) for the Keys Workforce
Housing Initiative. The initiative would allow 1,300 additional building permits throughout the Florida
Keys for rental workforce housing, with a condition that the rental occupants evacuate in the early phase
(48-hour window) of Hurricane Evacuation so that the 24-hour mandatory evacuation will still be met.
Following two public discussions before the Monroe County Board of County Commissioners, which
were held on May 10, 2018 and May 16, 2018, as well as a meeting with Barbara Powell, Program
Manager, Area of Critical State Concern, and County staff, the County offers the following comments
and questions. To be clear, the County Commission has not taken a vote regarding an official County
position on the Governor's proposal due to a number of questions and concerns, expressed below.
Comments
1. Prospective tenants of the rental workforce housing include employees who work in retail and
service -related industries, who may not be able to evacuate early due to financial constraints and
lack of paid time off.
2. The issuance of an additional 1,300 allocations for rental workforce housing appears to undermine
the whole process by which Monroe County has been regulating growth since the implementation
of the Rate of Growth Ordinance (ROGO). Please explain how this is consistent with our current
policy structure.
3. The acceptance of the 1,300 rental workforce units may set a precedent for further distributions
of additional allocations (up to the point where the remaining 6.5 hours in the 48-hour evacuation
phase would be exhausted) from the State rather than a dedication of funding for land acquisition,
to resolve issues resulting from the state -regulated growth through ROGO.
4. The County has utilized ROGO as a mechanism to allow controlled growth while balancing the
protection of the unique environmental habitats. The proposed initiative may weaken a system
that has been operating to control growth for 30 years, which is the very reason so many visitors
travel to the Florida Keys.
5. The County is concerned about enforcement of required evacuation for units awarded under the
proposed program and how property owners would force tenants to evacuate.
6. The State should review data to determine how quickly storms strengthen or dissipate before they
make landfall, prior to authorizing this program.
7. There is concern that tenants ofthe proposed rental workforce housing may be the employees who
work in businesses that stay open until hurricane -force winds arrive. There is a concern that these
residents may not be as economically flexible to leave the County on a repeated basis during the
first phase of hurricane evacuation.
8. The addition of 1,300 workforce units that will house permanent residents who are required to
evacuate during the first phase adds a new group to the first phase of evacuation, and may
negatively impact the evacuation of permanent residents within the 24-hour time period.
9. The acceptance of the 1,300 rental workforce units may set a precedent for further distribution,
leading to increased development throughout the County as additional allocations are requested
and granted.
10. The addition of 1,300 workforce housing units within the County may increase traffic congestion.
11. Any additional workforce housing units may stress the County's infrastructure.
12. The state should review the number of allocations available through 2023 for each municipality
within the ACSC.
13. There is concern that the proposed units may affect the Keys' carrying capacity.
14. The County seeks additional guidance on the workforce rental units including income level limits
and types of housing that would be permitted under this proposed program.
LlestiOnS and Rcoucsts for Further Information
1. The initiative states that it is intended to serve "the workforce population." Please define the term
"workforce population."
2. Please advise ifthe workforce housing initiative is part of the State's assistance in recovering from
Hurricane Irma.
3. Clarify if the proposed allocations can be restricted to people who earn 70% of their income in
Monroe County, especially in light of the fact that these units may be used for CDBG-DR funded
projects or LIHTC projects.
4. Please clarify the difference between CDBG-DR funding and CDBG funding.
5. Please detail the requirements of the property management rental agreements and who is
responsible to ensure evacuations occur during the first phase.
6. Clarify if businesses would be encouraged to close earlier to facilitate evacuation.
7. Clarify in which phase of the hurricane evacuation model RVs are counted, and if there is
acknowledgement that these units are often known to be used as de facto affordable housing.
8. Please indicate how the workforce housing initiative comports with existing laws, including but
not limited to F.S. 380.0552(9)(a)2, which imposes a requirement of a hurricane evacuation
clearance time for permanent residents of no more than 24 hours.
Page 2 of 3
9. Please confirm that DEO will not engage in rulemaking to replace the number and distribution of
ROGO allocations set forth in F.A.C. 28-20.140(2) in order to implement this initiative and will
instead process amendments to the comprehensive plan proposed by local governments which
would amend the requirements set forth in that administrative rule even though that local
amendment will contain text that would differ from the current text set forth in F.A.C. 28-
20.140(2) and thus will be inconsistent with the rule. Stated differently, would a local
government's amendment to its comprehensive plan be able to conflict with the language that
appears in the Florida Administrative Code?
We look forward to working with DEO through this process. If you have any questions or if I can provide
any clarification, please feel free to contact me.
Respectfully,
Emily Schemper, AICP, CFM
Acting Senior Director of Planning and Environmental Resources, Monroe County
Page 3 of 3
� 1-LLILIV'►11V1r
ISLAND OF KEY LARGO FEDERATION
OF HOMEOWNER ASSOCIATIONS, INC.
iklfha.org • P.O. Box 702 • Key Largo, FL 33037
"Never doubt that a small group of committed citizens can change the world. Indeed, it is the only thing that ever has."
Margaret Mead We do this
09-19-18
Keys Workforce Housing Initiative — 300 additional ROGOs
Dear Mayor and Commissioners,
The members of the Federation do not support accepting the additional 300 ROGOs offered by
the state. The aftermath of Hurricane Irma understandably caused alarm but there have been
multiple initiatives to rebuild what was damaged and though for some it may be too slow,
progress is being made.
The Rate of Growth Ordinance has been the guiding principle by which the county has planned
for its future growth. It would be disappointing to see all those years of planning abandoned in a
blink of an eye.
In spite of our slow growth policy, today we have traffic problems, congestion, noise conflicts,
parking problems, water quality problems, and enforcement problems. We are having to address
the inadequacy of our infrastructure. We are looking at a $34 million -dollar courthouse to
accommodate the needs of an expanded population along with larger schools, larger animal
shelters, additional helicopters, additional community centers, more college dorms and
campuses, larger libraries, and larger capacity desalination plants. There are urgent requests for
more pools, enhanced bus service, more parks, more boat ramps. Our roads flood. We are
having trouble keeping up.
The county has been adding Full Time employees to try and meet the demands of the services
expected by our present population. How many more people will 1300 additional dwelling units
bring into the county? Will that require more county services?
There is still something like 2000 unused ROGOs countywide that are available without these
additional 1300. Can we even handle the impacts of those 2000 dwelling units without
compounding those impacts with another 1300 dwelling units?
Though the county has jurisdiction over just 300 of these ROGOs, the entire county will feel the
effects of the full 1300 if all the municipalities accept them, which it appears they are. And there
is precedent for these ROGOs being transferred to areas outside of were they were received.
From time to time, something comes along to slow development down, but the overall trend
continues to be more growth, more development. With every growth spurt comes congestion,
noise, and more demands for more services. This cannot continue without further negative
impacts to the quality of life for its citizens and adds to the progressive decline of our fragile
environment.
r We read studies about how our endangered species are heading for extinction. A new report just
come out on yet another coral disease which is devastating our reefs. Seagrass die offs are
happening more frequently. Our fisheries are being closed earlier in the season and more
frequently. There are 194 illegal clearing cases and not enough staff to address it. Our
environment is clearly in trouble. Additional development will only add more pressure to our
declining natural resources.
The justification for accepting these ROGOs is the worry over the cost of takings cases. Yet the
county has been winning their takings cases. If these ROGOs are accepted, we taxpayers will pay
public service costs, environmental costs, and in the loss of our quality of life. If not accepted,
we may pay some legal costs Either way we pay. Why not make the choice that preserves what is
left of the Keys.
Another worry is the state will not help out after build out if the ROGOs are not accepted. I do
not believe the state has made any such pronouncement.
And let us not forget the safety issue. Our evacuation model, which requires 24 hours to evacuate
our population, has already been stretched out to 48 hours to accommodate all our residents and
visitors. This is already a precarious scenario as Hurricanes and other disasters do not always
allow for 48 hours. Now we are moving more of our 24-hour full-time population over into the
48-hour phase. This is a course of action that will lead to unintended consequences for safe
evacuation and serve as justification for even more development.
In previous discussions, staff has opined that the 6.5 hours left in the 48-hour phase of
evacuation could lead to 11,000 to 13,000 more ROGOs if we use this reasoning. I urge you to
be to be very careful as you consider the pandora's box you may be opening.
While it is prudent to execute phased evacuations when extra time is available, it is unwise to
make planning decisions based on its certainty.
There are multiple other initiatives in the pipeline, one being Goal 109, which if passed, will
increase density. Along with additional ROGOs, where will all this lead? Do we really want to
facilitate such compounded growth and density? What happened to our slow and thoughtful
growth planning? What happens down the road when all the existing temporarily off-line
development is restored and we've now added more and denser development?
Our present regulations do not unreasonably restrict affordable housing or redevelopment of
properties. We have existing ROGOs and unbuilt development rights available. This commission
has the power to direct that development in the areas that will serve the community the best.
The county Planning Department sent a letter to the DEO with a list of questions and concerns.
Has there been a response? It seems these additional ROGOs may not be in accord with state
statutes. Has that been addressed?
The shock of Hurricane Irma has subsided a bit. Recovery is progressing. The 2008 economic
downturn was just as concerning, yet that recovery led to the highest economic growth this
county has seen to date. In the height of that growth, there were calls for toll roads, less traffic,
and more law enforcement.
If we take these ROGOs and down the road, when we have fully recovered, and we will recover,
will we regret having overbuilt the Keys? When all the traffic and noise and chaos returns, will
we look back and say maybe we shouldn't have.
A Please, let's not let this current situation over ride our long-term plan to limit development to
what can reasonably be supported on our fragile islands.
ANGLERS PARK HOMEOWNERS ASSOC., BUTTONWOOD BAY HOMEOWNER'S ASSOC., CALUSA CAMPGROUND
CONDOMINIUM ASSOC_ HOMEOWNER'S ASSOC. OF CORAL COAST, HAMMER POINT HOMEOWNER'S ASSOC., HIBISCUS
PARK HOMEOWNER'S ASSOC., LARGO SOUND PARK CLUB INC. HOMEOWNER'S ASSOC., PORT LARGO RESIDENTIAL
HOMEOWNER'S ASSOC., ROCK HARBOR CLUB CONDOMINIUM ASSOC., ROCK HARBOR ESTATES HOMEOWNER'S ASSOC.,
SEXTON COVE HOMEOWNER'S ASSOC., SILVER SHORES LEASEHOLDERS ASSOC., STILLWRIGHT PROPERTY OWNER'S
ASSOC.', SUNSET WATERWAYS., TAMARIND BAY CONDOMINIUM ASSOC., TAYLOR CREEK VILLAGE HOMEOWNER'S
ASSOC., THE HARBORAGE HOMEOWNER'S ASSOC.,THE SANCTUARY CONDOMINIUM ASSOC., WYNKEN BLYNKEN & NOD
HOMEOWNER'S ASSOC.