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Item P7 P.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe � � Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: P.7 Agenda Item Summary #5640 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance amending policy 101.3.7 of the 2030 Monroe County Comprehensive Plan regarding temporary emergency housing for temporary occupancy by residents displaced by a natural disaster to allow for the Board of County Commissioners to approve by resolution an extension of the duration of temporary emergency housing after a natural disaster and the placement of temporary emergency housing at mobile home and RV parks. ITEM BACKGROUND: The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a"threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph. Significant damage has occurred to the housing stock. The damage caused by Hurricane Irma has displaced a large population of County residents, which has greatly increased the demand for repairs and replacement housing. Due to this increased demand coupled with the limited resources and labor market, timeframes for repairs and redevelopment are being projected beyond the duration allowed (1 year) for Temporary Emergency Housing by the Monroe County Comprehensive Plan and Monroe County Code. In addition, the increased demand for Temporary Emergency Housing requires larger sites to accommodate such demand. The Comprehensive Plan is being amended to assure the Commissioners may authorize additional time for temporary housing, not only for Hurricane Irma, but for any natural disasters. On April 24, 2018, the Monroe County Development Review Committee(DRC) considered the proposed amendments and provided for public comment. Staff recommended approval to the DRC (DRC Resolution No. 05-18). On November 14, 2018, the Monroe County Planning Commission (PC)held a public meeting to Packet Pg. 1600 P.7 consider the proposed amendments and provided for public comment. Staff Recommended approval to the PC. (PC Resolution NO. P 31-18). PREVIOUS RELEVANT BOCC ACTION: On September 27, 2017, the BOCC adopted Resolution No. 218-2017 to allow the placement of temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by Hurricane Irma, commencing September 5, 2017 for a duration of up to 180- days and ending on March 4, 2018. On February 21, 2018, the BOCC adopted Resolution No. 091-2018 to allow the placement of temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by Hurricane Irma, for an additional 180 days to end on August 31, 2018. On November 20, 2018, the BOCC adopted Resolution No. 414-2018 transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending policy 101.3.7 of the 2030 Monroe County Comprehensive Plan. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment. DOCUMENTATION: 2018-042 Staff Report BOCC 6.19.19 Ordinance Resolution 218-2017 temp housing MH and RV parks Resolution 091-2018 temp housing & RV parks - extension ORC Report- MONROE COUNTY 19-02ACSC 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: If yes, amount: Grant: Packet Pg. 1601 P.7 County Match: Insurance Required: Additional Details: REVIEWED BY: Emily Schemper Completed 05/31/2019 10:56 AM Assistant County Administrator Christine Hurley Completed 05/31/2019 12:43 PM Steve Williams Completed 06/03/2019 8:58 AM Maureen Proffitt Completed 06/03/2019 9:28 AM Budget and Finance Completed 06/03/2019 9:33 AM Maria Slavik Completed 06/03/2019 9:43 AM Kathy Peters Completed 06/03/2019 11:49 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1602 � 11 ; MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 0 To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources a� E From: Janene Sclafani, Senior Planner c Date: May 30, 2019 c Subject: An ordinance by the Monroe County Board of County Commissioners amending policy 101.3.7 of the Monroe County 2030 Comprehensive Plan regarding temporary E emergency housing for temporary occupancy by residents displaced by a natural disaster to allow for the Board of County Commissioners to approve by resolution an �E extension of the duration of temporary emergency housing after a natural disaster; and to allow for the Board of County Commissioners to approve by resolution placement of temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by a natural disaster; providing for severability; c providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Comprehensive Plan; providing for an effective date. (File 2018-042) .2 a� Meeting: June 19, 2019 I. REQUEST The Monroe County Planning & Environmental Resources Department is proposing amendments co to the 2030 Comprehensive Plan Policy 101.3.7 regarding temporary emergency housing for � temporary occupancy by residents displaced by a natural disaster to allow for the Board of County Commissioners to approve by resolution an extension of the duration of temporary emergency housing after a natural disaster and to allow for the Board of County Commissioners to approve by resolution placement of temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by a natural disaster. 00 Ir- CD II. BACKGROUND INFORMATION `d The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." 1 of 6 Packet Pg. 1603 P.7.a At 9:10 a.m. on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with maximum sustained winds of 130 mph. Significant damage has occurred to the housing stock. The damage caused by Hurricane Irma has displaced a large population of County residents, which has greatly increased the demand for repairs and replacement housing. Due to this increased demand coupled with the limited resources and labor market, timeframes for repairs and � redevelopment are being projected beyond the duration allowed for Temporary Emergency E Housing by the Monroe County Comprehensive Plan and Monroe County Code. In addition, the increased demand for Temporary Emergency Housing requires larger sites to accommodate such demand. On September 27, 2017, the BOCC adopted Resolution No. 218-2017 to allow the placement of temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by Hurricane Irma, commencing September 5, 2017 for a duration of up to 180- 2 days and ending on March 4, 2018. 0 On February 21, 2018, the BOCC adopted Resolution No. 091-2018 to allow the placement of a temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by E residents displaced by Hurricane Irma, for an additional 180 days to end on August 31, 2018. E On April 24, 2018, the Monroe County Development Review Committee (DRC) considered the proposed amendments and provided for public comment. Staff recommended approval to the DRC (DRC Resolution No. 05-18). E 0 On November 14, 2018, the Monroe County Planning Commission (PC) held a public meeting to consider the proposed amendments and provided for public comment. On November 20, 2019, the Board of County Commissioners (BOCC) adopted Resolution 414- 2018, transmitting the proposed text amendment to the State Land Planning Agency. On May 6, 2019 the State Land Planning Agency reviewed the amendment and issued an Objections, Recommendations and Comments (ORC)report, the report identified no objections. �s �s III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 0 0. Proposed Amendment(deletions are st..;,ke ft„-e mot,; additions are shown underlined): a� Policy 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation N System, for temporary occupancy by residents displaced by natural or manmade disaster damage, 00 or for relief workers involved in reconstruction activities. N Temporary emergency housing may be permitted subject to the following: E • 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. 2 of 6 Packet Pg. 1604 P.7.a • Building permits for temporary emergency housing for displaced residents on single fami!p residential parcels shall be limited to one recreational vehicle (or similar approved sheltering unit) per lot lawfully established dwelling unit, and occupancy shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. Occupancy may be further extended at the discretion of the Board of County Commissioners (BOCC) by resolution. 0 • Building permits for temporary emergency housing for displaced residents on nonresidential or Z: mixed use sites or vacant residential properties shall not exceed 180 days, unless an extension E of up to an additional 180 days is granted by the building official. Occupancy may be further extended at the discretion of the Board of County Commissioners (BOCC) by resolution. • The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration of temporary emergency _housing after a natural or manmade disaster.housing after after a natural or manmade disaster. a� • The Board of County Commissioners (BOCC) may adopt a resolution authorizing the W placement of temporary emergency gency housing at mobile home parks and RV parks for the temporary occupancy by residents displaced by a natural or manmade disaster. 2 • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the 0 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. a E IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE ig PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. E 0 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the U Monroe County 2030 Comprehensive Plan. Specifically,it furthers: Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the me safety of County residents and visitors, and protect valuable natural resources. 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 0 has been adopted between the County and all the municipalities and the State agencies. 0 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 �s damage; or for relief workers involved in reconstruction activities. 00 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes. For the purposes of reviewing 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 no specific provision shall be construed or applied in isolation from the other provisions. 3 of 6 Packet Pg. 1605 P.7.a (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 benthic 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. 0. E (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. c (g) Protecting the historical heritage of the Florida Keys. c (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: E 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; �E 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; 0 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 2 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, 17 maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 0 381.0065(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 00 Florida Keys. (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and �E maintaining the Florida Keys as a unique Florida resource. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 4of6 Packet Pg. 1606 P.7.a C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers: 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land � within their jurisdictions. Through the process of comprehensive planning, it is intended E that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources E within their jurisdictions. 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the c legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared a and adopted in conformity with this act. E 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure 0 comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations 2 will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide CO meaningful guidelines for the content of more detailed land development and use � regulations. � 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of 00 appropriate local regulations on the development of lands and waters within an area. It is Ir- the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be related to, and be a means of E implementation for an adopted comprehensive plan as required by this act. 5 of 6 Packet Pg. 1607 P.7.a V. PROCESS 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 W 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 2 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 0 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 E amendment. VI. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments. 0 �s VII. EXHIBITS 1. BOCC Resolution No. 218-2017 a� 2. BOCC Resolution No. 091-2018 3. DEP ORC Report— 19-02ACSC 0 CL cv cv 6 of 6 Packet Pg. 1608 P.7.b 3 4 , 5 6 MONROE COUNTY, FLORIDA 7 BOARD OF COUNTY COMMISSIONERS ISSIONE 8 ORDINANCE NO. - 2019 9 10 AN ORDINANCE BY THE BOARD OF COUNTY U) 11 COMMISSIONERS AMENDING POLICY I0 . .7 OF THE 12 MONROE COUNTY 2030 COMPREHENSIVE PLAN 13 REGARDING DING E P O AR EMERGENCY . USING FOR E 14 TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED 15 BY A NATURAL DISASTER TO ALLOW OR THE BOARD 16 OF COUNTY COMMISSIONERS TO APPROVE BY 17 RESOLUTION AN EXTENSION OF THE D13RATION OF E 18 TEMPORARY EMERGENCY HOUSING AFTER A 19 NATURAL DISASTER; AND TO ALLOW W FOR THE BOARD, 20 OF COUNTY COMMISSIONERS TO APPROVE BY 2.1 RESOLUTION PLACEMENT OF TEMPORARY 22 EMERGENCY HOU II' G AT MOBILE HOME PARKS AND 23 RV PARKS FOR THE TEMPORARY OCCUPANCY C � 24 RESIDENTS DISPLACED BY A NATURAL DISASTER; 25 PROVIDING FOR SEVE ABILIT ; PROVIDING FOR � 2.6 REPEAL OF CONFLICTING PROVISIONS; OVI IN 27 FOR TRANSMITTAL TO THE STATE LAND PLANNING � 28 AGENCY IC Y AND THE SECRETARY Y OF STATES PROVIDING 29 FOR INCLUSION O THE MONROE COUNTY 30 COMPREHENSIVE PLAN; PROVIDING FOR AN 31 EFFECTIVE DATE. � 32 33 34 WHEREAS, the Monroe County Planning & Environmental Resources Department is 0 35 proposing amendments to the 2030 Comprehensive Plan Policy 101.3.7 regarding temporary 36 emergency housing; and E 37 38 WHEREAS, the proposed Amendments to Policy 1.01.3.7 would allow for temporary 39 occupancy by residents displaced by a natural disaster to allow for the Board of County 40 Commissioners to approve by resolution an extension of the duration of temporary emergency 41 housing after a natural disaster; and to allow for the Board of County Commissioners to approve by 42 resolution placement of temporary emergency lousing at mobile home parrs and RV parks for the 43 temporary occupancy by residents displaced by a natural disaster; and 44 45 WHEREAS, during a regularly scheduled meeting held on April 24, 201 , the Development 46 Review Committee (DRC)considered the proposed amendments and recommended approval; and Ord -20'➢9 Page 1 o1'4 Packet Pg. 1609 1 2 WHEREAS, the Monroe County Planning Commission (PC) held a public hearing on 3 November 14, 2018, for review and recommendation on the proposed amendments; and 4 5 WHEREAS, based upon the information and documentation submitted, the Planning 6 Commission made the following Findings of Fact and Conclusions of Law: 7 8 1. The proposed amendments to Policy 101.3.7 are consistent with the Goals, Objectives and 9 Policies of the 2030 Comprehensive Plan; and 10 U) 11 2. The proposed amendments to Policy 101.3.7 are consistent with the Principles for Guiding 0 12 Development for the Florida Keys Area of Critical Concern Section 380.0552(7), Florida 13 Statutes; and E 14 15 3. The proposed amendments to Policy 101.3.7 are consistent with Florida Statutes; and 16 17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P31-18 E W 18 recommending approval of the proposed amendment; and 19 20 WHEREAS, at a regular meeting held on the 20th day of November 2018, the Monroe County 0 21 Roard of County Commissioners held a public hearing to consider the transmittal of the proposed 22 text an-iendi-nent, considered the staff report and provided for public comment and public 23 participation in accordance with the requirements of state law and the procedures adopted for E 24 public participation in, the planning process; and E 25 < 26 WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution 414- r- IL 27 20 18, transmitting the proposed text amendment to the State Land Planning Agency; and 0. E 28 0 29 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 30 Objections, Recoialmendations and Comments (ORC) report on May 6, 2019; and 31 32 WHEREAS, the ORC report identified no objections or recommended changes to the 0 33 proposed comprehensive plan amendment; and 34 E 35 WHEREAS, at a regularly scheduled meeting on the 19"' day of June, 2019, the BOCC held 36 a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 40 41 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 42 (Deletions are shown stricken through; additions are shown underlined): 43 Ord -2019 Page 2 of 4 Packet Pg. 1610 I Policy 101.3.7 2 Monroe County hereby adopts the following amendments to temporary emergency housing which 3 is described in Policy 101.17 [§163.3177(6)(a)l.,F.S.]. 4 5 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation 6 System, for temporary occupancy by residents displaced by natural or manmade disaster damage; 7 or for relief workers involved in reconstruction activities. 8 9 Temporary emergency housing may be permitted subject to the following: 10 U) I I Temporary emergency housing means recreational vehicles (of similar approved sheltering 0 12 units) used for temporary occupancy in response to natural or manmade disasters, including, 0. E 13 but not limited to, hurricanes and tropical storms, where such units are provided to residents 14 and relief workers as part of emergency relief efforts, 15 Building permits for temporary emergency housing for displaced residents on ` " 16 residential parcels shall be limited to one recreational vehicle (or similar approved sheltering 17 unit) per lot lawfully established dwelling unit,, and occupancy shall not exceed 180 days, E W 18 unless an extension of up to an additional 180 days is granted by the building official. 19 Occupancy may be further extended at the discretion of the Board of County Commissioners 20 (BOCC) by resolution. CL 0 21 Building permits for temporary emergency housing for displaced residents on nonresidential 22 or mixed use sites, or vacant residential -Properties shall not exceed 180 days, unless an 23 extension of up to an additional 180 days is granted by the building official. Occupancy may E 24 be further extended at the discretion of the Board of County..,forgirnissioners (BD Cb� 25 resolution. E 26 a The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration 27 of ter wrary emergency housing.,after a natural or manmade disaster. IL 28, * The Board of County Commissioners (BOCC) may adopt a resolution auth2LJ7 0. :Jnthe E 29 placement of temporary emergency housing at mobile home parks and RV parks forthe 0 30 temporary occupancy by residents displaced by a natural or manmade disaster, 31 Approval by the Board of County Commissioners (ROCC) of a resolution authorizing the 32 placement and duration of temporary emergency housing for relief workers shall be required, 33 Occupancy of temporary emergency housing for relief workers shall not exceed the duration 34 specified by the BOCC resolution, but may only be extended at the discretion of the BOCC by 0 35 an additional resolution. 36 E 37 Section 2. Severability. If any section, Subsection,, sentence, clause, item, change, or 38 provision of this ordinance is held invalid, the remainder of this ordinance shall not < 39 be affected by such validity, 40 41 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in 42 conflict with this ordinance are hereby repealed to the extent of said conflict. 43 44 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 45 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes, Ord -2019 Page 3 of 4 1 Packet Pg. 1611 1 2 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 3 Secretary of the State of Florida but shall not become effective until a notice is 4 issued by the State Land Planning Agency or Administration Commission finding 5 the amendment in compliance with Chapter 163, Florida Statutes and after any 6 applicable challenges have been resolved. 7 8 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 9 in the Monroe County Comprehensive Plan. The numbering of the foregoing S U) 10 amendment may be renumbered to conform to the numbering in the Monroe County 0 Z: 11 Comprehensive Plan, 0. 12 E 13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, >% 14 Florida, at a regular nieeting held on the day of 2019. 15 16 Mayor Sylvia J. Murphy E W 17 Mayor Pro Tern Danny L. Kolhage 18 Commissioner Michelle Coldiron 19 Commissioner Heather Carruthers 0 20 Commissioner David Rice 21 22 E 23 BOARD OF COUNTY COMMISSIONERS 24 OF MONROE COUNTY, FLORIDA E 25 26 27 BY E 28 (SEAL) Mayor Sylvia J. Murphy 0 29 N ATTEST: KEVIN MADOK, CLERK 31 32 33 By 0 34 Deputy Clerk E MONNO'E COUNTY ATTORWy MAW. -WAM A881 Zuu­r Owe Ord -2019 Paue 4 of Packet Pg. 1612 P.7.c 1 2 3 4 U' 0 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO?1 8-2017 9 10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY 12 EMERGENCY HOUSING AT MOBILE HOME PARKS FOR THE 13 TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY 14 HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR AND 15 BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE 16 TEMPORARY HOUSING, COMMENCING SEPTEMBER 5, 2017, FOR A 17 DURATION OF UP TO 180-DAYS, PURSUANT TO SECTION 103-1(b) 18 OF THE MONROE COUNTY LAND DEVELOPMENT CODE. 19 20 21 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 22 County, Florida; and 0. 23 U 24 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on U) 25 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe 26 County" and that the County "may require expedient action in order to protect the health, safety 27 and welfare of the community;" and 28 29 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys 30 on September 10, 2017, causing substantial damage to and loss of property; and 31 32 WHEREAS, the Monroe County Mayor issued another declaration a State of Local 33 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace 34 inhabiting Monroe County" and that the County"may require expedient action in order to protect 35 the health, safety and welfare of the community;" and 36 37 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which 00 38 caused damage to residences,businesses and infrastructure throughout the County; and 39 40 WHEREAS, pursuant to Section 103-1(b) of the Monroe County Land Development 41 Code, it is the purpose of this section to provide regulations that allow for the relaxation of the U 42 use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth 43 Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary 44 emergency housing, not subject to the ROGO permit allocation system,for temporary occupancy 45 by residents displaced by natural or manmade disaster damage...; and 46 1 of 3 Packet Pg. 1613 P.7.c I WHEREAS, pursuant to Section 103-1(a), temporary emergency housing means 2 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in 3 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 4 storms, where such RVs (or other approved sheltering units) are provided to residents or relief 5 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that 6 term is defined in F.S. § 320.01; and 7 8 WHEREAS, pursuant to Section 103-1(c), temporary emergency housing may be placed 9 on a single-family parcel for temporary occupancy by residents of the same parcel who have 10 been displaced by natural or manmade disaster damage; and a� 11 12 WHEREAS, the County has experienced significant damage to homes, particularly 13 mobile home structures, and must utilize available locations to provide secure temporary housing 14 for the disaster recovery of the community; and 0 15 16 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook-ups 17 to place FEMA manufactured housing units and travel trailers; E 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 21 a. 0. 22 Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, 23 Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided U 24 for temporary occupancy by residents displaced by Hurricane Irma at mobile home parks and RV U) 25 parks, subject to the following conditions: 26 27 (1) Temporary emergency housing is authorized for up to 180-days on mobile home 28 park sites, beginning on September 5, 2017, and ending on March 4, 2018; 29 30 (2) The Planning Director and Building Official shall have the authority to approve the 31 locations of the temporary housing on mobile home parks; 32 0 33 (3) Placement of temporary emergency housing must not impede or interfere with other 0. 34 emergency and recovery operations or public safety; 35 36 (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary 37 electrical and sewage lines do not constitute an attractive nuisance to children or 00 38 homeless persons in the area (i.e., sufficient temporary fencing may be required by 39 the Building Official); 40 41 (5) A no-fee building permit must be issued for the placement of the temporary 42 emergency housing unit(s). The building permit shall require approval by the 43 Building Official and the Planning Director of a site plan indicating the location of 44 the temporary emergency housing unit(s) on the parcel, consistent with condition (1) 45 above, and a Department of Health permit authorizing the connection of the unit(s) 2of3 Packet Pg. 1614 P.7.c I to an on-site wastewater treatment and disposal system(s) or to an existing 2 community wastewater treatment system; 3 4 (6) The temporary emergency housing unit(s) may remain on the site for a period not to 5 exceed 180-days, and may only be extended at the discretion of the BOCC by an 6 additional resolution. However, nothing shall prevent the county or any state or 7 federal authority to terminate without notice the authority to keep any temporary 8 emergency housing unit otherwise authorized under this resolution should it be 9 deemed required for the public safety; 10 11 (7) The placement and use of temporary emergency housing unit(s) on mobile home 12 parks as housing assistance due to Hurricane Irma does not create a ROGO 13 exemption nor recognize nonconforming uses. Nonconforming uses damaged or 14 destroyed so as to require substantial improvement, shall be repaired or restored only 15 for uses that conform to the provisions of the land use (zoning) district in which it is 16 located; 17 18 (8) Pursuant to Section 103-1(h), no clearing or filling of environmentally sensitive 19 lands may occur as a result of providing any type of temporary housing unit(s); and 20 21 (9) Pursuant to Section 103-1(i), for all permitted temporary housing, upon expiration of a. 22 relevant approvals and timeframes expressly set forth in the relevant authorization, 0. 23 the temporary housing shall be removed. U 24 U 25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 26 Florida, at a special meeting held on the 27th day of Septemb2017. 00. 27 M CD 28 0 a Mayor George Neugent Yes 29 °' `l Mayor Pro Tem David Rice Yes 30 CC Commissioner Heather Carruthers Yes 31 © �a cm Commissioner Danny Kolhage Yes 32 LA. C rw Commissioner Sylvia Murphy Yes -33 o w va 34 � o BOARD OF COUNTY COMMISSIONERS 35 U- OF MONRO COUNTY, FLORIDA 36 37 BY 00 38 = a Mayor George Neugent 39 40 41 hATTI E§P_ I�EWN MADOK, CLERK � MONROE COUNTY t1 ORNEY 42 ( R Ey A§ FORM: 43 44 DEPUTY CLERK s r r;�;�"_`VIWAMS ASSISTANT C UN ATTORNEY Date 9 02( / 7 3of3 Packet Pg. 1615 P.7.d 2 U) 3 0 4 5 6 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY W 11 COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY 12 EMERGENCY HOUSING AT MOBILE HOME PARKS AND RV PARKS 13 FOR THE TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED 0 14 BY HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR 15 AND BUILDING OFFICIAL APPROVING THE LOCATIONS FOR THE 16 TEMPORARY EMERGENCY HOUSING, FOR AN ADDITIONAL 180 17 DAYS TO END ON AUGUST 31,2018; INITIALLY ADOPTED VIA BOCC 1 9 PURSUANT TO SECTION 19 ( ) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. 20 0. 21 22 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 23 County, Florida-, and 24 U) 25 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on r_ 26 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe 27 County„ and that the County "may require expedient action in order to protect the health, safety 28 and welfare of the community;" and 29 30 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys 1 on September 10, 2017, causing substantial damage to and loss of property; and 32 3 WHEREAS, the Monroe County Mayor issued another declaration a State of Local 34 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace 35 inhabiting Monroe County" and that the County "may require expedient action in order to protect 36 the health, safety and welfare of the community;" and 7 38 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which 9 caused damage to residences, businesses and infrastructure throughout the County; and 40 41 WHEREAS, pursuant to Section 103®1( ) of the Monroe County band Development 42 Code (L C), "It is the purpose of this section to provide regulations that allow for the 0 43 relaxation of the use prohibitions in Chapter 130, Land Use Districts, Chapter- 131, Bulk � 44 Regulations, and Chapter 138, Rate of Growth Restrictions ( O C1 ), to (1) Provide 45 regulatory authority to allow temporary emergency housing, not subject to the R®C® permit � 46 allocation system?, for temporary occupancy by residents displaced by natural or manmade 47 disaster damage...; and Page Packet Pg. 1616 2 WHEREAS, pursuant to LDC Section 103-1(a), temporary emergency housing means U) 3 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in 0 4 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 5 storms, where such RVs (or other approved sheltering units) are provided to residents or relief E 6 workers asp of emergency relief efforts; and recreational vehicle (RV) means the same as that 7 to is defined in F.S. § 320.01; and 8 9 WHEREAS, pursuant to LDC Section 103-1(c), temporary emergency housing may be E 10 placed on a residential parcel for temporary occupancy by residents who have been displaced by W 11 natural or manmade disaster damage subject to conditions; and 12 13 WHEREAS, the County has experienced significant damage to homes, particularly 14 mobile home structures, and must utilize available locations to provide secure temporary housing 15 for the disaster recovery of the community; and 16 E 17 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook-ups 18 to place FEMA manufactured housing units and travel trailers; and E 19 20 WHEREAS, the BOCC initially adopted Resolution No. 218-2017 to allow the a. 21 placement of temporary emergency housing at mobile home parks and RV parks for the 0. E 22 temporary occupancy by residents displaced by Hurricane Irma, commencing September 5, 0 23 2017, for a duration of up to 180-days and ending on March 4, 2018; and 24 U) 25 WHEREAS, displaced residents may need additional time to complete repairs and 26 replacements on their damaged and destroyed homes; X 27 U) 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 30 31 Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk 32 Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary 33 emergency housing may be provided for temporary occupancy by residents displaced by U) 0 34 Hurricane Irma, subject to the following conditions: 35 E 36 (1) Temporary emergency housing is authorized for up to 360 days on mobile home park 2 37 sites and RV park sites, beginning on September 5, 2017, and ending on August 31, 38 2018; C"4 39 40 (2) The Planning Director and Building Official shall have the authority to approve the 41 locations of the temporary emergency housing on mobile home parks and RV parks; 42 0 U) 43 (3) Placement of temporary emergency housing must not impede or interfere with other 44 emergency and recovery operations or public safety; 45 E 46 (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary 47 electrical and sewage lines do not constitute an attractive nuisance to children or Page 2 of 4 1 Packet Pg. 1617 I homeless persons in the area (i.e., sufficient temporary fencing may be required by -6 2 the Building Official); S U) 3 0 4 (5) A no-fee building permit must be issued for the placement of the temporary 5 emergency housing unit(s). The building permit shall require approval by the E 6 Building Official and the Planning Director of a site plan indicating the location of 7 the temporary emergency housing unit(s) on the parcel, consistent with condition (1) 8 above, and a Department of Health permit authorizing the connection of the unit(s) to 9 an on-site wastewater treatment and disposal system(s) or to an existing community E 10 wastewater treatment system; W 11 12 (6) The temporary emergency housing unit(s) may remain on the site for a period not to 0 13 exceed 180 days, and may only be extended at the discretion of the BOCC by an 14 additional resolution. However, nothing shall prevent the county or any state or 15 federal authority to terminate without notice the authority to keep any temporary E 16 emergency housing unit otherwise authorized under this resolution should it be 17 deemed required for the public safety; E 18 < 19 (7) The placement and use of temporary emergency housing unit(s) on mobile home 20 parks and RV parks as housing assistance due to Hurricane Irma does not create a 21 ROGO exemption nor recognize nonconforming uses. Nonconforming uses damaged E 0 22 or destroyed so as to require substantial improvement, shall be repaired or restored 23 only for uses that conform to the provisions of the land use (zoning) district in which 24 it is located; .2 U) 25 X 26 (8) Pursuant to LDC Section 103-1(h), no clearing or filling of environmentally sensitive 27 lands may occur as a result of providing any type of temporary housing unit(s); and U) 28 29 (9) Pursuant to LDC Seckon 103-1(i), for all permitted temporary emergency housing, 30 upon expiration of rel�vant approvals and timeframes expressly set forth in the 06 31 relevant authorization, the temporary emergency housing shall be removed. 0 32 S U) 33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0 - 34 Florida, at a regular meeting,held on the 21st day of Feb 2018. 35 E 36 Mayor David Rice Yes 00 37 Mayor Pro Tern Sylvia Murphy Yes 38 Commissioner Danny Kolhage Aes _n -n 39 Commissioner George Neu gent 2-Le 40 Commissioner Heather Carruthers 0 kI0jROE COUN y OR"" _n 41 FORM: L 42 SW co 0 U)X TRO-14' BOARD OF COUNTY COMMISSI(@42RS I-, '-A4.LIAM8 :ZM 43 OF MONROE C ISI AQ OUNTY, FLORIDA=4-, ASS - TTORNEY C-3 M 0 4NTY IkT 44 loft I IW t _n C) = = E 45 BY 46 Mayor David dfWle 47 (SEAL) OK CLEIkK Page 3 of 4 �DEPUTY Packet Pg. 161 P.7.d ATTEST: 5 DEPUTY CLERK E 0. �s U) U) 06 U) 0 0 U) Page 4 of Packet Pg. 1619 P.7.e Ron DeSantis D Ken Lawson FLORIDA DEPARTIVIEWrof ECONOMIC NMY May 6, 2019 CL The Honorable Sylvia Murphy Mayor, Monroe County 102050 Overseas Hwy,Suite 234 Key Largo, Florida 33037 Dear Mayor Murphy: The Department of Economic Opportunity("Department") has completed its review of the proposed comprehensive plan amendment for Monroe County(Amendment No. 19-02ACSC),which was received and determined complete on March 25,2019. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not E identify any objections or comments to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department E from the appropriate reviewing agencies,if any,are enclosed. IL The County should act by choosing to adopt, adopt with changes,or not adopt the proposed CL amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether U to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt U of the Department's attached report,or the amendment will be deemed withdrawn unless extended by U agreement with notice to the Department and any affected party that provided comment on the cv amendment pursuant to Section 163.3184(4)(e)1., F.S. If you have any questions related to this review, please contact Daniel Hubbard, Planning Analyst, by telephone at(850)717-8488 or by email at daniel.hubbard@deo.myflorida.com. U Si rely, 1a es D.Stansbury,Chief B reau of Community Planning and Growth JDSIdh Enclosure: Procedures for Adoption Agency Comments cc:Christine Hurley, County Administrator, Monroe County Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1107 E Madison Street I Tallahassee, FL 32399 850.245,7°1051 wrt!�r�r_F"lork,laJobs. r'I. www.twitter.com/FLDEO lwww.facebook.comIFLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTYITTD equipment via the Florida Relay Service at 711. Packet Pg. 1620 P.7.e SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes U) 0 NUMBER OF COPIES TO BE SUBMITTED:Please submit three complete copies of all comprehensive plan 0. materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council;Water Management District; Department of Transportation; Department of Environmental E Protection; Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public o schools);and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; IL Summary description of the adoption package,including any amendments proposed but not adopted; cs Ordinance number and adoption date; cv Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name,title, address,telephone, FAX number and e-mail address of local government contact; U Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: o In the case of text amendments, changes should be shown in strike-through/underline format; is In the case of future land use map amendment, an adopted future land use map,in color format,clearly depicting the parcel, its existing future land use designation,and its adopted designation; E A copy of any data and analyses the local government deems appropriate. Effective:June 2,2011(Updated June 2018) Page 1 of 2 Packet Pg. 1621 P.7.e Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); U) Suggested effective date language for the adoption ordinance for state coordinated review: o "The effective date of this plan amendment, if the amendment is not timely challenged,shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged,or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body,if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. 0. 0 N U 0 Effective:June 2,2011(Updated June 2018) Page 2 o 2 Packet Pg. 1622 From: PJAU-MACYN To: EubanL%-Ray; Cc: E1191LECIdaw Subject: Monroe County 19-2ACSC Proposed Date: Tuesday,April 23,2019 4:35:47 PM Attachments: k=M?XJ3Q U) 0 To: Ray Eubanks, DEO Plan Review Administrator Z:CL E Re: Monroe County 19-2ACSC—State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental E Protection(Department)has reviewed the above-referenced amendment package under the W provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: .2 air and water pollution; wetlands and other surface waters of the state; federal and state-owned 0 lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. E 'a Based on our review of the submitted amendment package,the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject E to the Department's jurisdiction. IL Please submit all future amendments by email to If your 0. submittal is too large to send via email or if you need other assistance, contact Lindsay E 0 Weaver at(850) 717-9037. cv D 0 U W 0 W z 0 0 0 E Packet Pg. 1623 P.7.e F T DOT RON DESANVIS 1000 NW I I 1,1h Avenue I r', ruutAU T . - April 15, 2019 Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity Community Planning and Development 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, Florida 32399 Subject: Comments for the Proposed Comprehensive Plan Amendment, Monroe County#19-2ACSC Dear Mr. Eubanks: ig The Florida Department of Transportation, District Six, completed a review of the 0. Proposed Comprehensive Plan Amendment, Monroe County 19-2ACSC. The District has reviewed the amendment package per Chapter 163 Florida Statutes and has found no adverse impacts to transportation resources and facilities of State importance. Please contact me at 305-470-5393 if you have any questions concerning our response. Sincerely, Sheree z n Yee on 0 Transportation Planner IV r- 0 Cc: Harold Desdunes, P.E., Florida Department of Transportation, District 6 Dat Huynh P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Emily Schemper, Monroe County Isabel Cosio Carballo, South Florida Regional Planning Council Isabel Moreno, South Florida Regional Planning Council Packet Pg. 1624 P.7.e From: IlWbLlam To: h==L=W!fuM==1ky flAw Subject: Monroe County 19-2ACSC(Resolutions 413-2018 and 414-2018) Date: Friday,April 05,2019 9:51:41 AM a® U) Dear Ms. Schemper: Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments,recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. If you need any further assistance,please do not hesitate to contact our office by email at lease ontactChrist Christine If you have specific technical questions, e p g ( 1) 882-5811 or by email at Sincerely, Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation . 620 S. Meridian Street,MS 5135 0. Tallahassee, FL 32399-1600 e (850)228-2055 �? Monroe County 19-2ACSC 38575 (n cv U 0 Packet Pg. 1625 P.7.e MEMORANDUMU) 0 AGENDA ITEM#IV.0 CL DATE: APRIL 15, 2019 TO: COUNCIL MEMBERS FROM: STAFF 0 SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CL CONSENT AGENDA o Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council(Council), the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health,safety,welfare and quality of life of the residents of the Region." IL In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews CL local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy o Plan for South Florida(SRPP). Pursuant to Section 163.3184,Florida Statues as presently in effect,Council review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Economic Opportunity certifies >- its completeness. A written report of Council's evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided U to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Recommendation 0 Find the proposed and adopted plan amendments from the local governments listed in the tables below CL C generally consistent with the Strategic Regional Policy Plan forSouth Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. South Florida Regional Planning Council s Oakwood Boulevard,Suite 25o,Hollywood,Florida 33020 954-924-3653 Phone,954-924-3654 FAX �rwar�ai ,� , , IIa,l.l:i.::.d.:. :.9. Packet Pg. 1626 P.7.e PROPOSED AMENDMENTS Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption Amendment Hearing and Meeting Vote Number Broward County 19-1ESR V N/A 04-15-19 02-26-19 9-0 (received 03-01-19) 1.The proposed amendments to Broward County's Comprehensive Plan are to the Broward County _ Land Use Plan map (PC 19-2) and the Broward County Land Use Plan text (PCT 19-5). These CL amendments seek to re-designate 140.7 acres of land currently designated for Recreation & Open Space(132.7 acres), Low-Medium Residential(6.0 acres),and Low Residential (2.0 acres)to Irregular (2.88)Residential.The estimated net effect of this re-designation is the addition of 335 dwelling units to the currently permitted 70 dwelling units per the Broward County Land Use Plan. With the new designation, it's estimated that up to 405 dwelling units would be permitted, resulting in the reduction of 132.7 acres of Recreation&Open Space. 2.The proposed amendments impact a total of 140.7 acres.The site is located in Section 17,Township 49 South, Range 42 East; generally located on the west side of Northwest 21st Avenue, between IL Commercial Boulevard and Northwest 44th Street. CL 3. This amendment does not create any adverse impact to state or regional resources/facilities; 0 however, Council review notes that the regional trend of golf course repurposing is significant. The issues of loss of aquifer recharge and of open space that serves as wildlife habitat and provides positive community aesthetics may have cumulative impact regionally. More locally, Council recommends stormwater management planning during golf course repurposing that addresses the additional potential hazards of emerging flooding trends and extreme weather events. Monroe County U 19-2ACSC d N/A 04-15-19 11-20-18 5-0 (received 03-25-19) 1. The proposed amendment to the Monroe County's Comprehensive Plan seeks to allow for the award of Rate of Growth Ordinance (ROGO)allocations to Tier 1 and Tier III-A for the redevelopment of lawfully existing ROGO exempt market rate dwelling units with replacement Affordable DwellingCL Units. The amendment package also amends Policy 101.3.7 of the Monroe County 2030 Comprehensive Plan by extending the duration of temporary emergency housing after a natural disaster to allow for temporary emergency housing to be placed at mobile home parks and RV parks. 2.The amendment would affect areas throughout Monroe County. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 2 Packet Pg. 1627 P.7.e Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption Amendment Hearing and Meeting Vote Number o Monroe County 19-1ACSC V N/A 04-15-19 01-23-19 5-0 (received 03-26-19) 1.The proposed amendment to the Monroe County's Comprehensive Plan seeks to amend the land use designation of a parcel on the Future Land Use Map(FLUM)from mixed used/commercial(MC), recreation(R),and conservation (C),to commercial(COMM). 0 2. The amendment affects a portion of the property at 100 Anchor Drive, Key Largo, at the Ocean CL Reef Club,a site that is 1.246 acres. o 3.This amendment does not create any adverse impact to state or regional resources/facilities. City of Doral 19-1ESR V N/A 04-15-19 03-27-19 4-0 0 (received 1 Absent 04-04-19) 1. The proposed amendment to the City of Doral's Comprehensive Plan seeks to amend the Goals, Objectives,and Policies(GOPs)of the Transportation Element,and the Parks and Recreation Element. CL Transportation Element proposed changes include creation of a maximum parking regulation, o development of parking requirements for electric vehicle (EV) charging stations, the establishment of Transit Oriented Development(TOD) nodes along NW 12th Street, including at NW 82nd Avenue, NW 107th Avenue,and NW 97th Avenue.The proposed amendment also includes goals of expanding the bicycle network by 5%per year and increasing transit ridership on the Doral trolley system by 5% `d per year.The Parks and Recreations Element amendment changes include an increase in the number of multi-purpose trails in the City by 18.5 miles by 2030 through new trail development, and redevelopment of current infrastructure. 2.The amendment affects areas throughout the City of Doral. 3.This amendment does not create any adverse impact to state or regional resources/facilities. U City of Key West 19-1ACSC V N/A 04-15-19 02-05-19 7-0 (received 0 02-28-19) 1.The proposed amendment to the City of Key West's Comprehensive Plan is a text amendment to g, Table 1-1.1.5 and Policy 1-1.1.10 to allow for deed restricted affordable housing development at a maximum of 16 dwelling units per acre as a conditional use within the Historic Public and Semipublic Services District(HPS)zoning district. 2.The HPS zoning district is found ten times in the Zoning Map of the City of Key West. Based on the densities of abutting districts which range from 8 to 22 dwelling units per acre, the 16 du/acre has been deemed compatible. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 3 Packet Pg. 1628 P.7.e Local Council Local Government Governing Government Proposed Adopted Review mate Transmittal or Body and Plan Adoption Public Adoption U' Amendment Hearing and Meeting Vote Number o City of 0. Marathon 19-1ACSC V N/A 04-15-19 02-26-19 5-0 (received 03-14-19) 1.The proposed amendment to the City of Marathon's Comprehensive Plan seeks to amend land use designation of a parcel on the Future Land Use Map(FLUM)from Residential Medium (RM)to Mixed Used (MU) and Residential Medium (RM) for a portion of the Ferrucci property. The intent of the amendment is to allow for six workforce housing units to be built. CL 2.The approximately 0.84-acre property is located at 222 99th Street,Marathon,Florida on Vaca Key near mile marker 52. 3.This amendment does not create any adverse impact to state or regional resources/facilities. IL CL City of North o Miami U 19-1ESR d N/A 04-15-19 02-26-19 5-0 (received 03-11-19) N 1.The proposed amendment to the City of North Miami's Comprehensive Plan seeks to revise Policy 1.18.3 of the Future Land Use Element to allow residential use within the NW 7th Avenue Planned Corridor Development (PCD) Overlay, instead of restricting use to the standard C-1, Commercial District,which does not allow residential use.This amendment allows for compatibility with the City's other PCD Overlay Districts. U 2.This amendment affects the NW 7th Avenue Planned Corridor Development Overlay District. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 0 CL 4 Packet Pg. 1629 P.7.e Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption S Amendment Hearing and Meeting Vote Number o City of CL Oakland Park 0 19-1ESR d N/A 04-15-19 02-26-19 9-0 (received 03-01-19) 1. This amendment proposes to change the Future Land Use Map designation of 140.7 acres from Parks/Recreation to Irregular (2.88) Residential within a Dashed-Line Area to facilitate the future development of up to 405 residential units,subject to rezoning and site plan approval. 0 2. The subject property is located on the west side of NW 21st Avenue between NW 44th Street and CL Commercial Boulevard.The property consists of 139+J-net acres and 140.7+j-gross acres which includes o half of the adjacent right of way for NW 21st Avenue and West Prospect Road. 3.This amendment does not create any adverse impact to state or regional resources/facilities;however, Council review notes that the regional trend of golf course repurposing is significant.The issues of loss of aquifer recharge and of open space that serves as wildlife habitat and provides positive community aesthetics may have cumulative impact regionally. More locally, Council recommends stormwater E management planning during golf course repurposing that addresses the additional potential hazards of emerging flooding trends and extreme weather events. Additionally, the City is required to revise its r_ Water Supply Facilities Work Plan (Work Plan) within 18 months after approval of the Lower East CoastIL (LEC) Water Supply Plan Update by the District's Governing Board. The District's Governing Board approved the LEC Water Supply Plan Update on November 8,2018.Therefore,the City's Work Plan needs _ to be updated and adopted by May 2020. Council review notes that the City should enhance its existing affordable/workforce housing programs to increase the supply of affordable housing for very low, low- and moderate-income households by working with the public and private sectors; allowing and encouraging accessory dwelling units is an effective strategy towards this goal. 4.This amendment does not create any adverse impact to state or regional resources/facilities. City of Wilton Manors 19-1ER d N/A 04-15-19 03-12-19 5-0 U (received 04-08-19) 1.The proposed amendment to the City of Wilton Manor's Comprehensive Plan are Evaluation and Appraisal Review(EAR)based changes.The amendments reflect changes in state requirements since the last time the Comprehensive Plan was updated and updates the plan based on current local CL conditions and data. It also updated the plan to reflect a focus on sustainability, resiliency, climate change and sea level rise. 2.The amendments affect the City of Wilton Manors in its entirety. 3. Council staff recommends that under "Joint Planning Areas" that it be stated that the City coordinates with the South Florida Regional Transportation Authority (SFRTA). The City has proactively participated in planning for a potential future station area of the proposed Coastal Link Corridor, which would provide commuter rail on the historic FEC rail corridor. The City could also reflect this coordination and planning under other headings of the Comprehensive Plan.For example, Objective 12"Transit Oriented Corridor"could also reference the SFRTA Transit Development Plan. 4.This amendment does not create any adverse impact to state or regional resources/facilities. 5 Packet Pg. 1630 P.7.e ADOPTED AMENDMENTS Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Adoption Body and Plan Public Hearing and Adoption o Amendment MeetingVote CL Number Broward County 18-6ESR N/A d 04-15-19 02-26-19 9-0 (received 03-01-19) 1. The adopted text amendment to the Broward County's Comprehensive Plan (BCCP) reduced 500,000 square feet of office use and revised the dwelling unit types within the "Miramar Activity CL Center II" to reflect the local Comprehensive Plan amendment from the City of Miramar's Transit o Oriented Corridor(TOC). 2. Miramar TOC/Activity Center II is generally located east of SW 66th Avenue and bound on the north by Pembroke Road,on the east by SR 7j US 441,and on the south by County Line Road. 3.The local government adopted the amendment as proposed. Miami-Dade County 18-SESR N/A V 04-15-19 01-24-19 13-0 CL (received 03-21-19) U 1.The adopted amendment to the Miami-Dade County's Comprehensive Development Master Plan t3 encourages Transit-Oriented Development(TOD) along the SMART Plan rapid transit corridors. The amendment affected the unincorporated area within % mile of the existing Metrorail corridor and < the SMART Plan rapid transit corridors, except for the East-West Corridor which includes the area within 1 mile of the proposed alignment. Mixed use projects within l mile of the SMART Plan corridors are eligible for a residential density of 60 dwelling units per acre and up to 1.5 floor to area ratio(FAR).Mixed use projects located in the portion of the East-West SMART Plan Corridor between %Z mile and 1 mile are eligible for 18 dwelling units per acre and up to 1.25 FAR. The amendment U establishes a timeline for completion of Urban Center area plans for rapid transit stations located in unincorporated Miami-Dade County, the specific location of which, in the case of the SMART Plan corridor,will be determined in ongoing and future studies. 2. The County staff analysis uses a 30% modal split for future planning purposes. Council staff is performing a detailed analysis for the Miami-Dade Transportation Planning Organization on mode split,to be completed byJune of 2019.The forthcoming Council mode split analysis will identify mode CL o split for each corridor,and an p , y potential modifications to the assumed mode split for each corridor can be used for future planning purposes.Council staff notes that the increases in density that would occur as a result of this adopted amendment will need to be addressed in the water supply planning for the County as the additional demand on the system will be significant.Council staff recommends addressing the increase in water demand and wastewater infrastructure concurrently with the E amendment process. Council staff also recommends that storm water management area plans be developed for all Urban Centers during the area plan processes. Creating a resilient transit network requires addressing potential flooding risks and solutions in station areas that will experience future increased urbanization and density. 3.The local government adopted the amendment as proposed. 6 Packet Pg. 1631 P.7.e Local Council Local Government Governing Government Proposed Adapted Review Date Transmittal or Adoption Body and Plan Public Hearing and Adoption Amendment �' Meeting Vote Number o Islamorada, CL Village of Islands 19-1ACSC N/A V 04-15-19 04-04-19 5-0 0 (received 04-11-19) E 1. The adopted amendment to the Village of Islamorada's Comprehensive Plan established an ordinance to amend Chapter 3 "Housing Element" and the associated objectives and policies. This _ establishes Goal 3-2 "Workforce-Affordable Housing Initiative" to allow for an allocation of an CL additional 300 workforce-affordable housing permits. The permits are to be allocated for the development of multi-family rental units and are to be identified as the"Affordable-Early Evacuation Pool." 2. The amendment affects the portion of the Village of Islamorada that falls outside of the V-Zane and Coastal Barrier Resource Systems. 3.The local government adopted the amendment as proposed. CL IL cv U 0 CL Packet Pg. 1632 From: Mmn"_Z=5Q. To: xc: Subject: Monroe County,DEO#19-IASCS and#19-2ACSC,Comments on Proposed Comprehensive Plan Amendment ' Packages owmm' Monday,April z5,amzo*uo:ssmw � o CL Dear Mr. Eubanks: E� � � The South Florida Water Management District (District) has completed its review of the two proposed amendment packages from the Monroe County (County). Amendment #19'1AC3[ includes one Future Land Use Map Amendment and Amendment #19-2AC3C includes text amendments concerning affordable housing and temporary emergency housing. There appear to be W no regionally significant water resource issues; however, the District offers the following technical guidance regarding Regional Water Supply Planning: ' � The County is required to revise its Water Supply Facilities Work Plan (Work Plan) within 18 — months after approval of the Lower East Coast /LEC\ Water Supply Plan Update by the District's Governing Board. The District's Governing Board approved the LE[ Water Supply Plan Update on November8, 2028. Therefore, the Count/s Work Plan needs to be updated and adopted by May 2O2O. The Work Plan must cover at least a 10-year planning period, include updated water demand projections, identify alternative and traditional water supply IL J� projects, and describe conservation and reuse activities needed to meet the projected future CL demands. Planning tools are available on the Uistriot'nxvebsite for your use and District Staff are available to provide technical assistance to update the Work Plan, including reviewing draft Work Plans prior to formal plan amendment submittal.The planning tools are located at this link: The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the Counk/S future water supply needs and to protect the re8ion^s water resources. Please forward u copy of the adopted amendments to the District. Please contact me if you need assistance or additional information. U Sincerely, Ms.Terry Manning, Policy and Planning Analyst ' South Florida Water Management District CL Water Supply Implementation Unit 33O1 Gun Club Road West Palm Beach, FL 33406 0 Phone: 561-682-6779 Fax: 561'681-6264