Loading...
Item P8 P.8 t, 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.8 Agenda Item Summary #5643 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 Monroe County Land Development Code Section 130-1 regarding temporary emergency housing for temporary occupancy by residents displaced by a natural disaster to allow for the BOCC 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." 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 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 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. 06-18). On November 14, 2018, the Monroe County Planning Commission (PC)held a public meeting to consider the proposed amendments and provided for public comment. The PC recommended approval to the BOCC (PC Resolution No. P32-18). Packet Pg. 1634 P.8 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. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment. DOCUMENTATION: 2018-043 Staff Report BOCC 6.19.19 Ordinance Ordinance 022-2017 -previous temp housing amendments -vacant residential Resolution 218-2017 temp housing MH and RV parks Resolution 091-2018 temp housing & RV parks - extension 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: County Match: Insurance Required: Additional Details: Packet Pg. 1635 P.8 REVIEWED BY: Emily Schemper Completed 05/31/2019 12:23 PM Assistant County Administrator Christine Hurley Completed 05/31/2019 12:43 PM Steve Williams Completed 06/03/2019 8:56 AM Maureen Proffitt Completed 06/03/2019 9:20 AM Budget and Finance Completed 06/03/2019 9:35 AM Maria Slavik Completed 06/03/2019 9:36 AM Kathy Peters Completed 06/03/2019 11:52 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1636 � 11 MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT a� 0 To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources a From: Janene Sclafani, Senior Planner Date: May 30, 2019 0 Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe County Code Section 103-1, temporary housing, regarding temporary emergency housing for temporary occupancy by county 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 E 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, 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 2 County Comprehensive Plan;providing for an effective date. (File 2018-043) Meeting: June 19, 2019 I. REQUEST The Monroe County Planning & Environmental Resources Department is proposing amendments 0 to the 2030 Comprehensive Plan and Monroe County Code Section 103-1, temporary housing 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 (BOCC) to approve by resolution placement of 00 temporary emergency housing at mobile home parks and RV parks for the temporary occupancy CD by residents displaced by a natural disaster. N II. BACKGROUND INFORMATION 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." Iof11 Packet Pg. 1637 P.8.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 U) demand coupled with the limited resources and labor market, timeframes for repairs and redevelopment are being projected beyond the duration allowed 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. 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 October 18, 2017, the BOCC adopted Ordinance 022-2017, to allow temporary emergency housing to be placed on vacant residential parcels, and residential parcels with issued building E permits for dwelling units, in addition the existing provisions for emergency housing within the LDC. E 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 `z" residents displaced by Hurricane Irma, for an additional 180 days to end on August 31, 2018. a� In accordance with LDC Section 102-159(b)(3), a Community Meeting for text amendments was held on March 28, 2018, in Marathon and provided for public input. 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. 06-18). co On November 14, 2018, the Monroe County Planning Commission (PC) held a public meeting to � 0. consider the proposed amendments and provided for public comment. The PC requested that the BOCC consider the adverse effects of placement of temporary emergency housing on vacant Tier I parcels. The PC also requested that the existing requirement that a building permit for repair of damages caused by the casualty event must be issued within 90 days of placement of M the temporary emergency housing be revised to 120 days to allow more reasonable time for 00 permit submission. The PC recommended approval to the BOCC with the change to 120 days (PC Resolution No. P32-18). N III. PROPOSED MONROE COUNTY CODE TEXT AMENDMENTS c� Proposed Amendment (deletions are sly; additions are shown underlined; the Planning Commission's recommended revisions are shown in re(I MouuW uu�ucN�;�•�a�u�): ... 2ofII Packet Pg. 1638 P.8.a Section 103-1 (c) Placement of temporary emergency housing on residential parcels. Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be placed on a residential parcel for temporary occupancy by residents who have been displaced by natural or manmade disaster damage subject to the following conditions: (1) The dwelling unit(s) on the subject parcel is lawfully established and has incurred 0. sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as determined by verifiable photographic evidence provided by the applicant to the Building Department, and/or an inspection by an official from a federal or state a governmental relief agency, the county Building Department or the County Code Compliance Department; or the subject parcel has an already issued, unexpired building W permit for the construction of a dwelling unit; c (2) A building permit must be issued within Q4 120 days of placement of the temporary 0 emergency housing for repair of damages caused by the casualty event to make the dwelling unit habitable or the subject parcel must have an already issued, unexpired building permit for the construction of a dwelling unit; E (3) A separate, no-fee building permit must be issued for the placement of the temporary emergency housing, linked to the building permit issued for damage repair or linked to an issued, unexpired building permit for the development of a dwelling unit on the subject parcel. The building permit shall require approval by the Building Official of the unit's siting location on the parcel and authorization for connection of the unit to central sewer, an on-site wastewater treatment and disposal system, an existing community wastewater treatment system; or use of a holding tank with a licensed septage hauler- (4) Only one temporary emergency housing unit shall be placed per each lawful dwelling unit and the temporary emergency housing unit may only be occupied by County residents who have been displaced by natural or manmade disaster damage; ftffd �s (5) The temporary emergency housing unit may remain on the property for a period not to co exceed 180 days from the date of building permit issuance or until the final inspection 1� 0 or certificate of occupancy is issued on the repairs made to the dwelling unit, whichever comes first A single extension of up to an additional 180 days may be granted by the Building Official if he determines that good cause has been shown for the need for an extension and that the temporary emergency housing unit is adequately tied down and secured so as not to present an undue hazard to persons or property in a high-wind or 00 flood event. Occupancy may be further extended at the discretion of the Board of County Commissioners (BOCC) by resolution. Expiration of the building permit for damage repairs or dwelling unit construction shall require immediate removal of the temporary emergency housing unit from the site. However, nothing in this section shall M prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing units otherwise authorized under this section should it be deemed required for the public safety-; and 3of11 Packet Pg. 1639 P.8.a (6) The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration of temporary emergency housing after a natural or manmade disaster. (d) Placement of temporary emergency housing on nonresidential properties or vacant residential properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary U) emergency housing may be placed on a nonresidential or mixed-use property or on publicly- 0 owned lands or vacant residential properties, excluding lands designated for conservation and E resource protection for temporary occupancy by County residents displaced by natural or manmade disaster damage, subject to the following conditions: (1) A no-fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and E the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, and authorization for the connection of the unit(s) to central sewer, an on-site wastewater treatment and disposal system(s), to an existing community wastewater treatment system or use of a holding tank with a licensed septage hauler; E (2) The placement of temporary emergency housing on vacant residential properties is limited to travel trailers, RVs or similar sheltering units provided and licensed by E FEMA; (3) The temporary emergency housing unit(s) may remain on the property for a period not Z� to exceed 180 days from the date of building permit issuance. A single extension of up to an additional 180 days may be granted by the- Building Official if he determines that good cause has been shown for the need for the extension and that the temporary .5 emergency housing unit is adequately tied down and secured so as not to present an undue hazard to persons or property in a high-wind or flood event. Occupancy may be further extended at the discretion of the Board of County Commissioners (BOCC) by resolution. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing units otherwise authorized under this section should it be deemed required for the public safety-; and 0 (4) The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration of temporary emergency gency housing after a natural or manmade disaster. (e) Placement of temporary emergency housing at mobile home parks and RV parks. Notwithstanding _the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of cv Growth Restrictions (ROGO/NROGO), temporary emergency _housing may be provided at may be provided at r_ mobile home parks and RV parks, for temporary occupancy by residents who have been �E displaced by natural or manmade disaster damage, _subject to the following conditions: to the following conditions: (1) An emergency directive or resolution of the BOCC must be issued authorizing the placement of temporary emergency housing at mobile home and RV parks, (2) The Planning Director and Building Official shall have the authority to aprove the locations of the temporary housing at mobile home and RV parks; 4of11 Packet Pg. 1640 P.8.a (3) Placement of temporary emergency housing must not impede or interfere with other emergency _and recovery operations or public safetynd recovery operations or public safetW (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official), (5) A no-fee building permit must be issued for the placement of the temporary emergency gency U) housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency gency housing unit(s) on the parcel, consistent with condition (1) above, and a Department of Health permit authorizing the connection of the unit(s) to central sewer, an on-site wastewater treatment and disposal system(s), an existing community wastewater treatment system, or use of holding tanks with a licensed septage hauler, (6) The temporary emergency housing unit(s) may remain on the site for a period not to E 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. However, nothing shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency _housing unit otherwise authorized under this resolution unit otherwise authorized under this resolution should it be deemed required for the public safety, E (7) The placement and use of temporary emergency _housing _g unit(s) at mobile home parks _g unit(s) at mobile home parks and RV parks as housing assistance due to natural or manmade disaster damage does E not create a ROGO exemption nor recognize nonconforming uses. Nonconforming _uses �s damaged or destroyed so as to require substantial improvement shall be repaired or restored only for uses that conform to the provisions of the land use (zoning) district in which it is located, (8) Pursuant to Section 103-1(i), no clearing or filling of environmentally sensitive lands 2 a� may occur as a result of providing any type of temporary housing unit(s), (9) Pursuant to Section 103-1(j), 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, and (10) The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration of temporary emer _gency housing after a natural or manmade disasterhousing after a natural or manmade disaster. co (e Placement of temporary emergency housing for emergency relief workers. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided for temporary occupancy by emergency relief workers involved in reconstruction activities, subject to the following conditions: 00 (1) An emergency directive or resolution of the BOCC must be issued authorizing the placement and duration of the temporary emergency housing for relief workers; (2) Placement of temporary emergency housing for relief workers must not impede or interfere with other emergency and recovery operations or public safety; (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the Building Official); 5of11 Packet Pg. 1641 P.8.a (4) A no-fee building permit must be issued for the placement of the temporary emergency housing unit(s). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit(s) on the parcel, consistent with the BOCC resolution, and a Department of Health permit authorizing the connection of the unit(s) to central sewer an on-site wastewater treatment and disposal system(s) et: to an existing community wastewater S U) treatment system, or use of holding tanks with a licensed septage hauler; (5) Any required demolition or building permits for the related reconstruction activities Z: must be issued within 90 days from the placement of the temporary emergency housing E for relief workers; (6) The temporary emergency housing unit(s) may remain on the site for a period not to exceed the duration specified by the BOCC resolution, and may only be extended at the discretion of the BOCC by an additional resolution. However, nothing in this section E shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary emergency housing unit otherwise authorized under this section should it be deemed required for the public safety; (7) The only persons permitted to reside for any period in temporary emergency housing for relief workers are individuals who are gainfully employed on a fulltime basis in a completing clean up and reconstruction efforts following a natural or manmade disaster. E All residents of temporary emergency housing for relief workers who were not permanent residents of the county prior to first occupying such housing facilities will be E required to evacuate in accordance with local evacuation orders. Residents of any temporary emergency housing for relief workers who were permanent residents of the county prior to first occupying such housing facilities may not remain in temporary emergency housing for relief workers during any period when a local evacuation order .2 is in effect. (fg) Placement of temporary non-emergency housing for contractors on county-owned airport properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency housing may be placed on county-owned airport properties for temporary occupancy by contractors completing airport safety and capacity improvements subject to the following conditions: 0 (1) A building permit must be issued for placement of the temporary non-emergency housing 0 unit(s), and linked to existing airport construction permits. The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary non-emergency housing unit(s) on the parcel, and a department of M health permit authorizing the connection of the unit(s) to an on-site wastewater treatment M and disposal system(s) or to an existing community wastewater treatment system. All units 00 shall be adequately tied down; (2) Placement of temporary non-emergency housing for airport construction purposes must not impede or interfere with aviation operations or safety and must conform to any applicable FAA regulations; (3) Temporary non-emergency housing for airport construction purposes shall remain on the property for a period not to exceed 30 days from the date of completion of the related airport construction work, unless extended by resolution of the BOCC. However, nothing in this section shall prevent the county or any state or federal authority to terminate without 6of11 Packet Pg. 1642 P.8.a notice the authority to keep any temporary non-emergency housing unit otherwise authorized under this section should it be deemed required for the public safety; and (4) The only persons permitted to reside for any period in temporary non-emergency housing units for airport construction purposes are individuals who while in the county are actually gainfully employed on a fulltime basis in completing airport safety and capacity improvements at a county airport. All residents or occupants of temporary airport construction housing facilities must be required to timely evacuate in accordance with local U) evacuation orders. : 0. (gh) Placement of temporary non-emergency housing to provide site security for capital improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency housing for temporary occupancy by workers undertaking a long-term capital improvement project may be provided in order to provide site security for the project site, subject to the following conditions: E (1) A resolution of the BOCC must be issued authorizing the placement of a temporary non- emergency housing unit for site security. The 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 temporary non-emergency housing unit shall be approved per project site. When considering such placement, the BOCC shall take into E 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 E and other circumstances that may require a site to be utilized for more than 365 consecutive �s days and public comment. (2) Placement of a temporary non-emergency housing unit for site security must not impede or interfere with public safety; (3) The purpose of the temporary non-emergency housing unit shall be to provide security for .2 the project site; (4) A building permit must be issued for the placement of the temporary non-emergency housing unit for site security, linked to the building permits for the related construction activities (if applicable). The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary emergency housing unit on the parcel, consistent with the BOCC resolution, and a Department of Health permit authorizing the connection of the unit to an on-site wastewater treatment and ®o disposal system or to an existing community wastewater treatment system; 0 (5) The temporary non-emergency housing unit for site security may remain on the site for a period not to exceed the duration specified by the BOCC resolution, and may only be extended at the discretion of the BOCC by an additional resolution. When considering an extension, the BOCC shall take into account the number of times a parcel has been used for M temporary non-emergency housing purposes for capital improvement projects and shall 00 consider compatibility, complications and other circumstances that may require a site to be utilized for more than 365 consecutive days and public comment. Nothing in this section N shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary non-emergency housing unit otherwise authorized under E this section should it be deemed required for the public safety. (6) The only persons permitted to reside for any period in temporary non-emergency housing for site security for a capital improvement project are individuals who are gainfully employed in completing the capital improvement project. All residents of temporary non- emergency housing for site security who were not permanent residents of the county prior to first occupying such housing facilities will be required to evacuate in accordance with 7ofII Packet Pg. 1643 P.8.a local evacuation orders. Residents of any temporary non-emergency housing who were permanent residents of the county prior to first occupying such housing facilities may not remain in temporary non-emergency housing for site security during any period when a local evacuation order is in effect. (hi) No clearing or filling of environmentally sensitive lands may occur as a result of providing any type of temporary housing unit(s). U' 0 (ij) For all permitted temporary housing, upon expiration of relevant approvals and timeframes 0. expressly set forth in the relevant authorization, the temporary housing shall be removed. IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-158(d)(7)(b): 1. Changed projections (e.g., regarding public service needs) from those on which the text or 0 boundary was based; N/A 2. Changed assumptions (e.g., regarding demographic trends); N/A 3. Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; N/A 4. New issues; Following Hurricane Irma, it has become apparent that revised timeframes and options for extensions are necessary for the recovery process. 0 0 5. Recognition of a need for additional detail or comprehensiveness; or a� The proposed amendments to the LDC are necessary to be consistent with the corresponding Comprehensive Plan amendments. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. 00 6. Data updates; N N/A E In no event shall an amendment be approved which will result in an adverse community change to the planning area in which the proposed development is located or to any area in accordance with a livable communikeys master plan pursuant to findings of the board of county commissioners. 8ofII Packet Pg. 1644 P.8.a The proposed text amendment is not anticipated to result in an adverse community change. V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 0 0. Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the a� 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 E 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 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation E System, for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief workers involved in reconstruction activities. E E B. The amendment is consistent with the Principles for Guiding Development for the Florida a 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. (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. co (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. ; (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 00 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: 9of11 Packet Pg. 1645 P.8.a 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 U) properties; � 8. City electric service and the Florida Keys Electric Co-op; and 0. 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; and the installation and proper operation and E maintenance of onsite sewage treatment and disposal systems. (j) Ensuring the improvement of nearshore water quality by requiring the construction and r_ 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 E Florida Keys. (1) Making available adequate affordable housing for all sectors of the population of the E 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 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. C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers: co 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve � 0. 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 2 within their jurisdictions. Through the process of comprehensive planning, it is intended M that units of local government can preserve, promote, protect, and improve the public 00 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 within their jurisdictions. 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 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 and adopted in conformity with this act. 10 of 11 Packet Pg. 1646 P.8.a 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 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 E 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, E 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 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 E 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 E appropriate local regulations on the development of lands and waters within an area. It is �s 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 implementation for an adopted comprehensive plan as required by this act. 2 a� VI. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments. �s VIL EXHIBITS 0 1. Monroe County Ordinance 022-2017 2. Monroe County Resolution 218-2017 3. Monroe County Resolution 091-2018 00 N 4i 11 of 11 Packet Pg. 1647 P.8.b t, 3 6 I ONR E COUNTY,', FLORIDA 7 BOARD F COUNTY COMMISSIONERS 8 ORDINANCE NO. 2019 9 1.0 AN ORDINANCE BY THE BOARD OF COUNTY 11 COMMISSIONERS AMENDING ] OE COUNTY 12 CODE SECTION 103-1, TEMPORARY US G 13 REGARDING TEMPORARY EMERGENCY GENCr HOUSING FOR 14 TEMPORARY OCCUPANCY Y BY RESIDENTS DISPLACED E 15 BY A NATURALDISASTER TO ALLOW FOR THE BOARD � 16 OF COUNTY COMMISSIONERS TO APPROVE BY 17 RESOLUTION AN EXTENSION OF THE DURATION OF � 18 TEMPORARY EMERGENCY HOUSI G AFTER A � 19 NATURAL DISASTER; AND TO ALLOW FOR THE OAR 20 OF COUNTY Y COMMISSIONERS TO APPROVE BY 21 RESOLUTION PLACEMENT OF TEMPORARY 22 EMERGENCY HOUSING AT MOBILE HOME PARKS AND 23 ITV PARKS FOR THE TEMPORARY OCCUPANCY Y 24 RESIDENTS DISPLACED BY A NATURAL DISASTER � 25 PROVIDING ING FOR SEVERA ILITY; PROVIDING G FOR 26 REPEAL OF CONFLICTING FLIC:"TING PROVISIONS;S; PROVIDING � 27 FOR TRANSMITTAL TO THE STATE LAND PLANNING 28 AGENCY Y AND THE SECRETARY OF STATE;. PROVIDING �$ 29 FOR INCLUSION IN THE MONROE COUNTY T _ 30 COMPREHENSIVE PLAN; PROVIDING FOR AN � 31 EFFEC;TIVE DATE. (FIDE#201 04 ) 32 33 34 WHEREAS, the Monroe County Planning & Environmental Resources Department is 35 proposing amendments to the Monroe County Code Section 103-1 regarding temporary emergency E 36 housing. � 37 38 WHEREAS,the proposed Amendment to the Monroe County Code Section 103-1 would allow 39 for temporary 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 b' 42 resolution placement of temporary emergency housing at mobile home parks 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, 2018, the Development 46 Review Committee (DRC) considered the proposed amendments and recommended approval; and Ord -2019 Nge 1 of 9 Packet Pg. 1648 I WHEREAS, the Monroe County Planning Commission (PC) held a public hearing on 2 November 14, 2018, for review and recommendation on the proposed amendments; and 3 4 WHEREAS, the Planning Commission (PC) recommended to the Board of County 5 Commissioners to consider the adverse effects of placement of temporary emergency housing on 6 vacant Tier I parcels; and 7 8 WHEREAS,the Planning Commission (PC)recommended the following change to LDC Sec. 9 103-1(c)(2): A building permit must be issued within 90 120 days of placement of the temporary i o emergency housing for repairs of damages caused by the casualty event to make the dwelling unit 1.1 habitable or the subject parcel must have an already issued, unexpired building permit for the U) 12 construction of a dwelling unit- and 0 13 Z: 14 WHEREAS, the Planning Commission (PC) adopted Resolution P32-18 recommending E 15 approval of the proposed Land Development Code text amendment; and 16 17 WHEREAS, at a regularly scheduled meeting held on the 19th day of June, 2019, the Monroe 18 County Board of County Commissioners held a public hearing, considered the staff report, and E 19 provided for public comment and public participation in accordance with the requirements of state W 20 law and the procedures adopted for public participation in the planning process-, and 21 .2 0 22 WHEREAS, based upon the Information and documentation submitted., the Board of County 23 Commissioners makes the following Findings of Fact and Conclusions of Law: 24 25 1. The proposed amendments to Monroe County Code Section 103-1 are consistent with the E 26 Goal, Ob jectives and Policies of the 2030, Comprehensive Plan; and 27 E 29 2. The proposed amendments to Monroe County Code Section 103-1 are consistent with the 29 Principles for Guiding Development for the Florida Keys Area of Critical Concern Section zz� 30 380.0552(7), Florida Statutes; and 31 32 1 The proposed amendments to Monroe County Code Section 103-1 are consistent with 33 Florida Statutes, 0 34 35 E 36 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF MONROE COUNTY,FLORIDA, that the preceding Findings of Fact 18 and Conclusions of Law support its decision to recommend approval of the -following text 39 amendment. 40 41 Section 1. Section 103-1 of the Monroe County Land Development Code shall be amended 42 as follows: (deletions are str-ieken4hfeu-gh and additions are underlined): 43 44 Section 103-1. Temporary Housing. 45 46 47 Ord— -2019 Page 2 cal'9 Packet Pg. 1649 I (c) Placement cif temporary emergency housing on residential parcels. Notwithstanding the 2 provisions of Chapter 130,Land Use Districts, Chapter 13 1,Bulk Regulations, and Chapter 3 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may 4 be placed on a residential parcel for temporary occupancy by residents who have been 5 displaced by natural or,manmade disaster damage subject to the following conditions: 6 (1) The dwelling unit(s) on the subject parcel is lawfully established and has incurred 7 sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as 9 determined by verifiable photographic evidence provided by the applicant to the 9 Building Department, and/or an inspection by an official from a federal or state 10 governmental relief agency, the county Building Department or the County Code U) 11 Compliance Department; or the subject parcel has an already issued, unexpired 0 Z: 12 building permit for the construction of a dwelling unit; 0. E 13 (2) A building permit must be issued within 90 120 days of placement of the temporary 14 emergency housing for repair of damages caused by the casualty event to make the 15 dwelling unit habitable or the subject parcel must have an already issued, unexpired 16 building permit for the construction of a dwelling unit; E W 17 (3) A separate, no-fee building permit must be issued for the placement of the 18 temporary emergency housing, linked to the building permit issued for damage 19 repair or linked to an issued, unexpired building permit for the development of a 0 'a 20 dwelling unit on the subject parcel. The building permit shall require approval by 21 the Building Official of the unit's siting location on the parcel and authorization for E 22 connection of the unit to central sewer, an on-site wastewater treatment and disposal 23 system, an existing community wastewater treatment system; or use of a holding E 24 tank with a licensed septage hauler; urs 25 (4) Only one temporary emergency housing unit shall be placed per each lawful 26 dwelling unit and the temporary emergency housing unit may only be occupied by 27 County residents who have been displaced by natural or manmade disaster damage; 28 ftftd 0 29 (5) The temporary emergency housing unit ri-iay remain on the property for a period 30 not to exceed 180 days from the date of building permit issuance or until the final E 31 inspection or certificate of occupancy is issued on the repairs made to the dwelling 32 unit, whichever comes first A single extension of up to an additional 180 days may 33 be granted by the Building Official if he determines that.good cause has been shown 34 for the need for an extension and that the temporary emergency housing unit is 35 adequately tied down and secured so as not to present an undue hazard to persons 36 or property in a high-wind or flood event. Occupancy may be -further extended at 37 the discretion of the Board of County Commissioners (BOCC) by resolution. 38 Expiration of the building permit for damage repairs or dwelling unit construction 39 shall require immediate removal of the temporary emergency housing unit from the 40 site. However, nothing in this section shall prevent the county or any state or federal 41 authority to terminate without notice the authority to keep any temporary Ord_-2019, Page 3 of9 Packet Pg. 1650 I emergency housing units otherwise authorized under this section should it be 2 deemed required for the public safety-,Land 3 (6) The Board of County Commissioners (BOCC) may adopt a resolution authorizing 4 the duration of temporary emergency housing after a natural or manmade disaster. 5 6 (d) Placement of temporary emergency housing can nonresidential properties or vacant 7 resi denial properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, 8 Chapter 131, Bulk Regulations', and Chapter 138, Rate of Growth Restrictions 9 (ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or 10 mixed-use property or on publicly-owned lands or vacant residential properties, excluding 0 11 lands designated for conservation and resource protection for temporary occupancy by Z: 0. 12 County residents displaced by natural or manmade disaster damage, subject to the E 13 following conditions: 14 ((1) A no-fee building permit must be issued for the placement of the temporary 15 emergency housing unit(s). The building permit shall require approval by the 16 Building Official and the Planning Director of a site plan indicating the location of E W 17 the temporary emergency housing unit(s) on the parcel, and authorization for the 18 connection of the unit(s) to central sewer, an on-site wastewater treatment and .2 CL 19 disposal system(s), to an existing community wastewater treatment system or use 0 20 of a holding tank with a licensed septage hauler; 21 (2) The placement of temporary emergency housing on vacant residential properties is E 'a 22 limited to travel trailers, Fps or similar sheltering units provided and licensed by 23 FEMA; aiid E 24 (3) The temporary emergency housing unit(s) may remain on the property for a period 25 not to,exceed 180 days from the date of building permit issuance. A single extension 26 of up to an additional 18,0 days may be granted by the Building Official if he 27 determines that good cause has been shown for the need for the extension and that 28 the temporary emergency housing unit is adequately tied down and secured so as 0 29 not to present all undue hazard to,persons or property in a high-wind or flood event. 3,0 Occupancy ma be further extended at the discretion of the Board of Count E 31 Commissioners (BOCC) by resolution. However, nothing in this section shall 32 prevent the county or any state or federal authority to terminate without notice the 33 authority to keep any temporary emergency housing units otherwise authorized 34 under this section should it be deemed required for the public safety-.; and 35 (4) The Board of County Commissioners (BOCQ may adopt a resolution authorizipz 36 the duration of temporary emergency housing after a natural or manmade disaster. 37 38 (e) Placement ot' temporary erneLg eras), hoyyin . at mobile hoine parks and #V arks. 39 Notwithstanding the provisions of Chapter 130, Land Use Districts and Chapter 138, Rate 40 of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided Ord -2019 Page,4 of 9 Packet Pg. 1651 I at mobile home parks and RV parks, for temporary occupancy by residents who have been 2 displaced by natural or marimade disaster damage, subject to the following conditions. 3 4 (1) An emergency directive or resolution of the BOCC must be issued authorizing the 5 placement-of.tern porary emergency housing at mobile home and RV agks-, 6 (2) The Planning Director and Building Official shall have the authority to approve the 7 locations of the temporary housing at mobile home and RV parks; 8 (3) Placement of temporary emergency.,housing must not impede or interfere with other 9 em-,rgencv and recover y operations or public safety; 1 (4) Temporary recovery or reconstruction housing facilities shall ensure that temppLary I electrical and sewaize lines do not constitute an attractive nuisance to children or U) 12 homeless persons in the area (i.e. sufficient temDorary -fencing may be 0 13 the Building Official); Z: 0. 14 (5) A no-fee building -permit must be issued for the placernent of tf,, qp ie te _�Li a� E 15 emer2encv housing unit(s). The buildim-, verm.it shall reQuife ai),oroval by the 16 Building Official and the Planning Director of a site plan indicating the location of 17 the temporary emergency housing unit(s) on the parcel, consistent with condition 18 1 above, and a Department of Health permit authorizing the connection of the E 19 unit(s) to central sewer, an on-site wastewater treatment and disp osal systernjs an W 20 existing community wastewater treatment systern or use of ho.lding tanks with a .2 21 licensed septage hauler; 22 (6) The temporary eiriej- eiicv housin unit(s) may remain on the site for a eriod not 0 23 to exceed 180-days, unless an extension of Lip to an additional 180 days is ranted 24 by the Building Official. Occupancy may be further extended at the discretion of E 25 the Board of Count -i Comnissioners (BOCC) by resolution. However —nothing y 26 shall prevent the county or any state or federal authority to terminate without notice E 27 the authority to keei) any temporary emergency housing unit otherwise authorized < 28 under this resolution should it be deemed required for the public safety� 29 (7) The placement and use of temporary emergency housing unit(s) at mobile home zz� 30 parks and RV parks as housing assistance due to natural or manmade disaster 31 damage does not create a ROGO exemption nor recognize nonconformi jguses. 32 Nonconforming uses damaged or destroyed so as to red wire substantial 33 improvement shall be repaired or restored only for uses that conForn-i to the 0 34 provisions, of the land use (zoning) district in which it is located; 35 (8) Pursuant to Section 103-16), no clearing or filling of environmentally sensitive E 36 lands may occur as a result of providing any type of temporary housing i�-pL 37 (9) Pursuant to Section 103-1(j), for all permitted temporary housing, qppoAn. expiration 38 of relevant norovals and timeframes expressly set forth in the relevant 39 authorization, the temporary housing shall be rernoved-and 40 ('10) The Board of County Commissioners (BOCC)_m,ay adopt a resolution authoriKiEg 41 the duration of temporary.emergency housing after a natural or mamnade disaster, 42 43 (e�f) Placement of te7nporary emergency housing fior entergency relief ",,orkers. 44 Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate 45 of Growth Restrictions (ROGO/NROGO),temporary emergency housing may be provided Ord— -2019 Patre 5 oJ'9 I Packet Pg. 1652 I for temporary occupancy by emergency relief workers involved in reconstruction activities, 2 subject to the following conditions: 3 4 (1) An emergency directive or resolution of the BOCC must be issued authorizing the 5 placement and duration of the temporary emergency housing for relief workers; 6 (2) Placement of temporary emergency housing for relief workers must not impede or 7 interfere with other emergency and recovery operations or public safety; 8 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary 9 electrical and sewage lines do not constitute an attractive nuisance to children or 10 homeless persons in the area (i.e., sufficient temporary fencing may be required by 11 the Building Official); 0 12 (4) A no-fee building permit must be issued for the placement of the temporary Z: 13 emergency housing unit(s). The building permit shall require approval by the 0. E 14 Building Official and the Planning Director of a site plan indicating the location of 15 the temporary emergency housing unit(s) on the parcel, consistent with the BOCC 16 resolution, and a Department of Health permit authorizing the connection of the 17 unit(s) to central sewer an on-site wastewater treatment and disposal system(s) Of Is to-an existing community wastewater treatment system, or use of holdiggjqqks E W 19 a licensed septAge hauler; 20 (5) Any required demolition or building peri-nits for the related reconstruction activities 0. 0 21 iriust be issued within 90 days from the placement of the temporary emergency 22 housing for relief workers; 23 (6) The temporary emergency housing unit(s) may remain on the site for a period not E 'a 24 to exceed the duration specified by the BOCC resolution, and may only be extended 25 at the discretion of the BOCC by an additional resolution. However, nothing in this E 26 section shall prevent the county or any state or federal authority to terminate 27 without notice the authority to keep any temporary emergency housing unit 29 otherwise authorized under this section should it be deemed required for the public 29 safety; 30 (7) The only persons permitted to reside for any period in temporary emergency 31 housing for relief workers are individuals who are gainfully employed on a fulltime 0 32 basis in completing clean up and reconstruction efforts following a natural or 33 manmade disaster. All residents of temporary emergency housing for relief workers E 34 who were not permanent residents of the county prior to first occupying such 35 housing facilities will be required to evacuate in accordance with local evacuation 36 orders. Residents of any temporary emergency housing for relief workers who were 37 permanent residents of the county prior to first occupying such housing facilities 18 may not remain in temporary emergency housing for relief workers during any 39 period when a local evacuation order is in effect. 40 41 (fg) Placement qfteniporary non-einergency housing fear contractors on county-owned airport 42 properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 43 138, Rate of Growth Restrictions (ROGO/NROGO),temporary non-emergency housing may Ord---2019 Page 6 of 9 1 Packet Pg. 1653 I be placed on county-owned airport properties for temporary occupancy by contractors 2 completing airport safety and capacity improvements subject to the following conditions: 3 (1) A building permit must be issued for placement of the temporary non-emergency 4 housing unit(s), and linked to existing airport construction permits. The building permit 5 shall require approval by the Building Official and the Planning Director of a site plan 6 indicating the location of the temporary non-emergency housing unit(s) on the parcel, 7 and a department of health permit authorizing the connection of the unit(s) to an on- 8 site wastewater treatment and disposal system(s) or to an existing community 9 wastewater treatment system. All units shall be adequately tied down; 10 (2) Placement of temporary non-emergency housing for airport construction purposes must U) I I not impede or interfere with aviation operations or safety and must conform to any 0 12 applicable FAA regulations; Z: 13 (3) Temporary non-emergency housing for airport construction purposes shall rernain on E 14 the property for a period not to exceed 30 days from the date of completion of the 15 related airport construction work, unless extended by resolution of the BOCC. C 0 16 However, nothing in this section shall prevent the county or any state or federal 17 authority to terminate without notice the authority to keep any temporary non- E 18 emergency housing unit otherwise authorized under this section should it be deemed W 19 required for the public safety; and C 20 (4) The only persons permitted to reside for any period in temporary non-emergency 21 housing units for airport construction purposes are individuals who while in the county 0 22 are actually gainfully employed on a fulltirne basis in completing airport safety and C 23 capacity improvements at a county airport. All residents or occupants of ternporary 0 E 24 airport construction housing facilities must be required to timely evacuate In 'a C 25 accordance with local evacuation orders. 0 E 26 Pla(.:,entent qf feinporary non-einergency housing to provide site securi ' fi)r capital 27 im,)rovenzent pro ects. Notwithstanding the provisions of Chapter 130, Land Use Districts, 28 and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency 29 housing for temporary occupancy by workers undertaking a long-term capital improvement C 30 project may be provided in order to provide site security for the pro�Ject site, subject to the 31 following conditions: 0 .;j C 32 (1) A resolution of the B 0OCC must be issued authorizing the placement of a temporary E 33 non-emergency housing unit for site security. The resolution shall specify the location 34 (placement of the unit at the project site) and the duration of the temporary housing 35 unit, not to exceed 180 days. No more than one temporary non-emergency housing unit 36 shall be approved per project site. When considering such placement, the BOCC ,shall 37 take into account the number of times a parcel has been used for temporary non- 38 emergency housing purposes for capital. improvement projects and shall consider 39 compatibility, complications and other circumstances that may require a site to be 40 utilized for more than 365 consecutive days and public comment, 41 (2) Placement of a temporary non-emergency housing unit for site security must not 42 impede or interfere with public safety; Ord— -2019 Page 7 of 0 Packet Pg. 1654 1 (3) The purpose of the temporary non-emergency housing unit shall be to provide security 2 for the project site; 3 (4) A building permit must be issued for the placement of the temporary non-emergency 4 housing unit for site security, linked to the building permits for the related construction 5 activities (if applicable). The building permit shall require approval by the Building 6 Official and the Planning Director of a site plan indicating the location of the temporary 7 emergency housing unit on the parcel, consistent with the BOCC resolution, and a 8 Department of Health permit authorizing the connection of the unit to an on-site 9 wastewater treatment and disposal system or to an existing community wastewater I() treatment system; 11 (5) The temporary non-emergency housing unit for site security away remain on the site for U) 12 a period not to exceed the duration specified by the BOCC resolution, and may only be 0 13 extended at the discretion of the BOCC by an additional resolution. When considering Z: 0. 14 an extension, the BOCC shall take into account the number of times a parcel has been E 15 used for temporary non-emergency housing purposes for capital improvement projects 16 and shall consider compatibility, COMpliCati011s and other circumstances that may C 0 17 require a site to be utilized for more than 365 consecutive days and public comment. 18 Nothing in this section shall prevent the county or any state or federal authority to E 19 terminate without notice the authority to keep any temporary non-emergency housing W 20 Unit otherwise authorized under this section should it be deemed required for the public C 21 safety. .2 22 (6) The only persons permitted to reside for any period in temporary non-emergency 0 23 hOU,SiDg for site security for a capital improvement project are individuals who are C 24 gainfully employed in completing the capital improvement pro�ject. All residents, of 0 25 temporary non-emergency housing for site securitywho were not permanent residents E 'a C 26 of the county prior to first occupying such housing facilities will be required to evacuate 0 E 27 in accordance with local evacuation orders.Residents of any temporary non-emergency 28 housing who were permanent residents of the county prior to first occupying such 29 housing facilities may not remain in temporary non-emergency housing for site security 30 during any period when a local evacuation order is in effect. C M 31 (lei) No clearing or filling of environmentally sensitive lands may occur as a result of providing 32 any type of temporary housing unit(s). 0 .;j C 0 33 (ij) For all permitted temporary housing, upon expiration of relevant approvals and timeframes E 34 expressly set forth in the relevant authorization, the temporary housing shall be removed. 35 36 Section 2. SeltElbilit If any section, paragraph, subdivision, clause, sentence or 37 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 38 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 39, the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 40 provision immediately involved in the controversy in which such judgment or, decree shall be 41 rendered. 42 ()rd---2019 Page 8 of 9 Packet Pg. 1655 Section 3. Cogtlictin Provisions. All ordinances or parts of ordinances in conflict with j_ 2 this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 5 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9)., 6 7 Section 5. Filing 'This ordinance shall be filed in the Office of the Secretary of the State 8 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according 9 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission j o approving the ordinance, and if the final order is challenged, until the challenge to the order is I I resolved pursuant to F.S. Chapter 1 20, U) 12 0 13 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall 4 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an E 15 addition to amendment thereto, and. shall be appropriately renumbered to conform to the uniform 16 marking system of the Code. 17 18 Section 7. Effective Date. This ordinance shall become effective as provided by law and E 19 stated above. W 20 21 PASSED AND ADOPTED by the Board of County Con-imissioners of Monroe County, CL 22 Florida, at a regular meeting held on the day of 0 23 24 Mayor Sylvia Murphy, District 5 E 25 Mayor Pro Tein Danny L. Kolhage, District I 26 Commissioner Michelle Coldiron, District 2 27 Commissioner Heather Carruthers, District 3 E 28 Con-in-iissioner David Rice, District 4 29 zz� 30 31 32 BOARD OF COUNTY COMMISSIONERS 33 OF MONROE COUNTY, FLORIDA 0 34 35 BY E 36 Mayor Sylvia Murphy 0 37 (SEAL) 38 39 ATTEST; KEVIN MADOK, CLERK 40 41 MONROE COUNTY ATTMNGY 42 DEPUTY CLERK QVED AS 1t.FOftP- 87Q-'Vt-"A "L WILLIAM ASSISTANT Dmte Ord— -2019 Page 9 oF9 Packet Pg. 1656 P.8.c ?VAS COURTS CO .z °F.A Kevin Madok, CPA 30 .... �,� Clerk of the Circuit Court& Comptroller— Monroe County, Florida LRo£CouNt1 November 2, 2017 0 w Department of State 0 Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 E To Whom It May Concern Attached is an electronic copy of Ordinance No. 022-2017, by the Monroe County Board of County Commissioners, amending Chapter 103-1, "Temporary housing;"to allow a temporary emergency housing on parcels with an already issued, unexpired building permit for the construction of a dwelling unit;to allow the temporary emergency housing to connect to central sewer, onsite system or utilize holding tanks;to allow one temporary emergency housing unit for each lawful dwelling unit to be occupied by County residents who have been displaced by the natural or manmade disaster damages; and to allow the placement of temporary emergency housing on vacant residential properties limited to travel trailers, RVs or similar sheltering units provided > and licensed by Federal Emergency Management Agency(FEMA); adopted pursuant to Section 125.66, F.S. emergency enactment procedures; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the Secretary of State;providing for inclusion in the Monroe County Code;providing for an effective date. E M The Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on October 18, 2017. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, U) Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller& ex-officio to the Monroe County Board of County Commissioners cv by: Pamela G. Hancock, D.C. a� cc: Growth Management County Attorney .. BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1657 P.8.c 1 E CL 3 e 4 cm c 5 E 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE N0022-2017 9 10 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING CHAPTER 103-1, "TEMPORARY 12 HOUSING;" TO ALLOW TEMPORARY EMERGENCY HOUSING ON 13 PARCELS WITH AN ALREADY ISSUED, UNEXPIRED BUILDING 14 PERMIT FOR THE CONSTRUCTION OF A DWELLING UNIT; TO 15 ALLOW THE TEMPORARY EMERGENCY HOUSING TO CONNECT 16 TO CENTRAL SEWER, ONSITE SYSTEM OR UTILIZE HOLDING 17 TANKS; TO ALLOW ONE TEMPORARY EMERGENCY HOUSING 18 UNIT FOR EACH LAWFUL DWELLING UNIT TO BE OCCUPIED BY 19 COUNTY RESIDENTS WHO HAVE BEEN DISPLACED BY NATURAL 20 OR MANMADE DISASTER DAMAGES; AND TO ALLOW THE 21 PLACEMENT OF TEMPORARY EMERGENCY HOUSING ON VACANT 22 RESIDENTIAL PROPERTIES LIMITED TO TRAVEL TRAILERS, RVS 23 OR SIMILAR SHELTERING UNITS PROVIDED AND LICENSED BY 24 THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA); 25 ADOPTED PURSUANT TO SECTION 125.66, F.S. EMERGENCY 26 ENACTMENT PROCEDURES; PROVIDING FOR SEVERABILITY; 27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; E 28 PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; 29 PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; 30 PROVIDING FOR AN EFFECTIVE DATE. 31 32 2 33 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 34 County, Florida; and 35 36 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on 37 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe 38 County" and that the County "may require expedient action in order to protect the health, safety cv 39 and welfare of the community;" and 40 41 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys 42 on September 10, 2017, causing substantial damage to and loss of property; and . 43 44 WHEREAS, the Monroe County Mayor issued other declarations a State of Local 45 Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26, E 46 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the P Packet Pg. 1658 P.8.c 1 populace inhabiting Monroe County" and that the County "may require expedient action in order E 2 to protect the health, safety and welfare of the community;" and 3 4 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which 5 caused significant damage to residences, businesses and infrastructure throughout the County; 6 and 7 8 WHEREAS, pursuant to Section 103-1(b) of the Monroe County Land Development0. 9 Code, it is the purpose of this section to provide regulations that allow for the relaxation of the 10 use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth 11 Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary 12 emergency housing, not subject to the ROGO permit allocation system,for temporary occupancy 13 by residents displaced by natural or manmade disaster damage...; and 14 15 WHEREAS, pursuant to Section 103-1(a), temporary emergency housing means 16 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in 17 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 18 storms, where such RVs (or other approved sheltering units) are provided to residents or relief 19 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that U) 20 term is defined in F.S. § 320.01; and 21 22 WHEREAS, pursuant to Section 103-1(c), temporary emergency housing may be placed 23 on a single-family parcel for temporary occupancy by residents of the same parcel who have 24 been displaced by natural or manmade disaster damage; and 25 E 26 WHEREAS, the County has experienced significant damage to numerous homes, and 27 must utilize available locations to provide secure temporary housing for the disaster recovery of 28 the community; and 29 U) 30 WHEREAS, the County is proposing amendments to allow temporary emergency 31 housing on parcels with an already issued, unexpired building permit for the construction of a 32 dwelling unit; to allow the temporary emergency housing to connect to central sewer, onsite 2 33 system or utilize holding tanks; to allow one temporary emergency housing unit for each lawful 34 dwelling unit to be occupied by County residents who have been displaced by natural or 35 manmade disaster damages; and to allow the placement of temporary emergency housing on 36 vacant residential properties limited to travel trailers, RVs or similar sheltering units provided 37 and licensed by FEMA; 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY cv 40 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 41 42 Section 1. The Monroe County Land Development Code is hereby amended as follows: 43 44 Section 103-1. Temporary housing. Page 2 of 8 Packet Pg. 1659 P.8.c 1 (a) Definitions. The following words, terms and phrases, when used in this section, shall have 2 the meanings ascribed to them in this subsection, except where the context clearly indicates 3 a different meaning: 4 Recreational vehicle (RV)means the same as that term is defined in F.S. § 320.01. 5 Temporary emergency housing means recreational vehicles (or similar approved sheltering 6 units) used for temporary occupancy in response to natural or manmade disasters, 7 including, but not limited to, hurricanes and tropical storms, where such RVs (or other 8 approved sheltering units) are provided to residents or relief workers as part of emergency 9 relief efforts. 10 Temporary non-emergency housing means RVs (or other approved,sheltering units) used 11 for temporary occupancy by employees in order to provide project site security for a long- 12 term capital improvement project or to avoid delay in completing ongoing or future airport 13 safety and capacity improvements. 14 (b) Purpose. It is the purpose of this section to provide regulations that allow for the relaxation 15 of the use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, U) 16 and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: 17 (1) Provide regulatory authority to allow temporary emergency housing, not subject to 18 the ROGO permit allocation system, for temporary occupancy by residents displaced 19 by natural or manmade disaster damage or by relief workers involved in 20 reconstruction activities following a natural or manmade disaster; 21 (2) Provide regulatory authority to allow temporary non-emergency housing, not subject 22 to the ROGO permit allocation system, for temporary occupancy by workers 23 undertaking a long-term capital improvement project to provide site security for the 24 capital improvement project site or to avoid delay in completing airport safety and 25 capacity improvements on county-owned airport properties. 26 (c) Placement of temporary emergency housing on residential parcels. Notwithstanding the 27 provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations,-and Chapter 28 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be 29 placed on a residential parcel for temporary occupancy by residents who have been 30 displaced by natural or manmade disaster damage subject to the following conditions: 31 (1) The dwelling unit(s) on the subject parcel is lawfully established and has incurred 32 sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as 33 determined by verifiable photographic evidence provided by the applicant to the 34 Building Department, and/or an inspection by an official from a federal or state 35 governmental relief agency, the county Building Department or the County Code 36 Compliance Department; or the subject parcel has an already issued, unexpired 37 building permit for the construction of a dwelling unity 38 (2) A building permit must be issued within 90 days of placement of the temporary 39 emergency housing for repair of damages caused by the casualty event to make the PaFie3of8 Packet Pg. 1660 P.8.c 1 dwelling unit habitable or the subject parcel must have an already issued, unexpired 2 building permit for the construction of a dwelling uniti 3 (3) A separate, no-fee building permit must be issued for the placement of the temporary 4 emergency housing, linked to the building permit issued for damage repair or linked 5 to an issued, unexpired building permit for the development of a dwelling unit on the 6 subject parcel. The building permit shall require approval by the Building Official of 7 the unit's siting location on the parcel and authorization for connection of the unit to 8 central sewer, an on-site wastewater treatment and disposal system, an existing0. 9 community wastewater treatment system; or use of a holding tank with a licensed 10 septage hauler; 11 (4) Only one temporary emergency housing unit shall be placed per each lawful dwelling 12 unit and the temporary emergency housing unit may only be occupied by County 13 residents who have been displaced by natural or manmade disaster damage; and 14 (5) The temporary emergency housing unit may remain on the property for a period not 15 to exceed 180 days from the date of building permit issuance or until the final 16 inspection or certificate of occupancy is issued on the repairs made to the dwelling 17 unit, whichever comes first A single extension of up to an additional 180 days may be 18 granted by the Building Official if he determines that good cause has been shown for 19 the need for an extension and that the temporary emergency housing unit is 20 adequately tied down and secured so as not to present an undue hazard to persons or 21 property in a high-wind or flood event. Expiration of the building permit for damage 22 repairs or dwelling unit construction shall require immediate removal of the 23 temporary emergency housing unit from the site. However, nothing in this section 24 shall prevent the county or any state or federal authority to terminate without notice 25 the authority to keep any temporary emergency housing units otherwise authorized E 26 under this section should it be deemed required for the public safety. 27 (d) Placement of temporary emergency housing on nonresidential properties or vacant 28 residential properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, U) 29 Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions 30 (ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or 31 mixed-use property or on publicly-owned lands or vacant residential properties, excluding 2 32 lands designated for conservation and resource protection for temporary occupancy by 33 county residents displaced by natural or manmade disaster damage, subject to the following 34 conditions: 35 (1) A no-fee building permit must be issued for the placement of the temporary 36 emergency housing unit(s). The building permit shall require approval by the 37 Building Official and the Planning Director of a site plan indicating the location of 38 the temporary emergency housing unit(s) on the parcel, and authorization for the 39 connection of the unit(s) to central sewer, an on-site wastewater treatment and 40 disposal system(s), to an existing community wastewater treatment system or use of a 41 holding tank with a licensed septage hauler; 0 42 (2) The placement of temporary emergency housing on vacant residential properties is 43 limited to travel trailers, RVs or similar sheltering units provided and licensed by E 44 FEMA; and P Packet Pg. 1661 P.8.c 1 (3) The temporary emergency housing unit(s) may remain on the property for a period 2 not to exceed 180 days from the date of building permit issuance. A single extension 3 of up to an additional 180 days may be granted by the-Building Official if he 4 determines that good cause has been shown for the need for the extension and that the 5 temporary emergency housing unit is adequately tied down and secured so as not to 6 present an undue hazard to persons or property in a high-wind or flood event. 7 However, nothing in this section shall prevent the county or any state or federal 8 authority to terminate without notice the authority to keep any temporary emergency0. 9 housing units otherwise authorized under this section should it be deemed required 10 for the public safety. 11 (e) Placement of temporary emergency housing for emergency relief workers. Notwithstanding 12 the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth 13 Restrictions (ROGO/NROGO), temporary emergency housing may be provided for 14 temporary occupancy by emergency relief workers involved in reconstruction activities, 15 subject to the following conditions: 16 (1) An emergency directive or resolution of the BOCC must be issued authorizing the 17 placement and duration of the temporary emergency housing for relief workers; U) 18 (2) Placement of temporary emergency housing for relief workers must not impede or 19 interfere with other emergency and recovery operations or public safety; 20 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary 21 electrical and sewage lines do not constitute an attractive nuisance to children or U) 22 homeless persons in the area (i.e., sufficient temporary fencing may be required by 23 the Building Official); 24 (4) A no-fee building permit must be issued for the placement of the temporary 25 emergency housing unit(s). The building permit shall require approval by the 26 Building Official and the Planning Director of a site plan indicating the location of 27 the temporary emergency housing unit(s) on the parcel, consistent with the BOCC U) 28 resolution, and a Department of Health permit authorizing the connection of the 29 unit(s) to an on-site wastewater treatment and disposal system(s) or to an existing 30 community wastewater treatment system; 31 (5) Any required demolition or building permits for the related reconstruction activities 32 must be issued within 90 days from the placement of the temporary emergency 33 housing for relief workers; 34 (6) The temporary emergency housing unit(s) may remain on the site for a period not to 35 exceed the duration specified by the BOCC resolution, and may only be extended at 36 the discretion of the BOCC by an additional resolution. However, nothing in this 37 section shall prevent the county or any state or federal authority to terminate without 38 notice the authority to keep any temporary emergency housing unit otherwise 39 authorized under this section should it be deemed required for the public safety; 40 (7) The only persons permitted to reside for any period in temporary emergency housing 41 for relief workers are individuals who are gainfully employed on a fulltime basis in 42 completing cleanup and reconstruction efforts following a natural or manmade 43 disaster. All residents of temporary emergency housing for relief workers who were E 44 not permanent residents of the county prior to first occupying such housing facilities P Packet Pg. 1662 P.8.c I will be required to evacuate in accordance with local evacuation orders. Residents of 2 any temporary emergency housing for relief workers who were permanent residents 3 of the county prior to first occupying such housing facilities may not remain in 4 temporary emergency housing for relief workers during any period when a local 5 evacuation order is in effect. E 6 (f) Placement of temporary non-emergency housing for contractors on county-owned airport 7 properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and 8 Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency 9 housing may be placed on county-owned airport properties for temporary occupancy by 10 contractors completing airport safety and capacity improvements subject to the following 11 conditions: 12 (1) A building permit must be issued for placement of the temporary non-emergency 13 housing unit(s), and linked to existing airport construction permits. The building 14 permit shall require approval by the Building Official and the Planning Director of a 15 site plan indicating the location of the temporary non-emergency housing unit(s) on 16 the parcel, and a department of health permit authorizing the connection of the unit(s) 17 to an on-site wastewater treatment and disposal system(s) or to an existing 18 community wastewater treatment system. All units shall be adequately tied down; 19 (2) Placement of temporary non-emergency housing for airport construction purposes 20 must not impede or interfere with aviation operations or safety and must conform to 21 any applicable FAA regulations; 22 (3) Temporary non-emergency housing for airport construction purposes shall remain on 23 the property for a period not to exceed 30 days from the date of completion of the 24 related airport construction work, unless extended by resolution of the BOCC. 25 However, nothing in this section shall prevent the county or any state or federal 26 authority to terminate without notice the authority to keep any temporary non- 27 emergency housing unit otherwise authorized under this section should it be deemed 28 required for the public safety; and 29 (4) The only persons permitted to reside for any period in temporary non-emergency 30 housing units for airport construction purposes are individuals who while in the 31 county are actually gainfully employed on a fulltime basis in completing airport 32 safety and capacity improvements at a county airport. All residents or occupants of 33 temporary airport construction housing facilities must be required to timely evacuate 34 in accordance with local evacuation orders. 35 (g) Placement of temporary non-emergency housing to provide site security for capital 36 improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts, 37 and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non- 38 emergency housing for temporary occupancy by workers undertaking a long-term capital 39 improvement project may be provided in order to provide site security for the project site, 40 subject to the following conditions: 41 (1) A resolution of the BOCC must be issued authorizing the placement of a temporary E 42 non-emergency housing unit for site security. The resolution shall specify the location P Packet Pg. 1663 P.8.c I (placement of the unit at the project site) and the duration of the temporary housing 2 unit, not to exceed 180 days. No more than one temporary non-emergency housing 3 unit shall be approved per project site. When considering such placement, the BOCC 4 shall take into account the number of times a parcel has been used for temporary non- 5 emergency housing purposes for capital improvement projects and shall consider E 6 compatibility, complications and other circumstances that may require a site to be 7 utilized for more than 365 consecutive days and public comment. 8 (2) Placement of a temporary non-emergency housing unit for site security must not 9 impede or interfere with public safety; 10 (3) The purpose of the temporary non-emergency housing unit shall be to provide 11 security for the project site; 0 12 (4) A building permit must be issued for the placement of the temporary non-emergency 13 housing unit for site security, linked to the building permits for the related 0 14 construction activities (if applicable). The building permit shall require approval by 15 the Building Official and the Planning Director of a site plan indicating the location 16 of the temporary emergency housing unit on the parcel, consistent with the BOCC 17 resolution, and a Department of Health permit authorizing the connection of the unit 18 to an on-site wastewater treatment and disposal system or to an existing community 19 wastewater treatment system; U) 20 (5) The temporary non-emergency housing unit for site security may remain on the site 21 for a period not to exceed the duration specified by the BOCC resolution, and may 22 only be extended at the discretion of the BOCC by an additional resolution. When 23 considering an extension, the BOCC shall take into account the number of times a 24 parcel has been used for temporary non-emergency housing purposes for capital 25 improvement projects and shall consider compatibility, complications and other 26 circumstances that may require a site to be utilized for more than 365 consecutive 27 days and public comment. Nothing in this section shall prevent the county or any E 28 state or federal authority to terminate without notice the authority to keep any 29 temporary non-emergency housing unit otherwise authorized under this section 30 should it be deemed required for the public safety. 31 (6) The only persons permitted to reside for any period in temporary non-emergency 32 housing for site security for a capital improvement project are individuals who are 33 gainfully employed in completing the capital improvement project. All residents of 34 temporary non-emergency housing for site security who were not permanent residents 35 of the county prior to first occupying such housing facilities will be required to 36 evacuate in accordance with local evacuation orders. Residents of any temporary non- 37 emergency housing who were permanent residents of the county prior to first 38 occupying such housing facilities may not remain in temporary non-emergency 39 housing for site security during any period when a local evacuation order is in effect. 40 (h) No clearing or filling of environmentally sensitive lands may occur as a result of providing 41 any type of temporary housing unit(s). 42 (i) For all permitted temporary housing, upon expiration of relevant approvals and timeframes 43 expressly set forth in the relevant authorization, the temporary housing shall be removed. 0 P Packet Pg. 1664 P.8.c 1 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or E 2 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 3 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 4 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 5 provision immediately involved in the controversy in which such judgment or decree shall be 6 rendered. 7 8 Section 3. ConflictinE Provisions. All ordinances or parts of ordinances in conflict with 9 this ordinance are hereby repealed to the extent of said conflict. 10 11 Section 4. Filing. This ordinance shall be filed in the Office of the Secretary of the State 12 of Florida. 13 E 14 Section 5. Inclusion in the Monroe County Code. The provisions of this Ordinance 15 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, 16 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the 17 uniform marking system of the Code. 18 19 Section 6. Effective Date. This ordinance is enacted under the emergency provisions of 20 Section 125.66, F.S. and shall be effective upon passage and adoption by a four-fifths vote of the 21 Monroe County Board of County Commissioners declaring that an emergency exists and that the 22 immediate enactment of said ordinance is necessary. 23 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 25 Florida, at a regular meeting held on the 18th day of October2017. 26 r_ 27 J Mayor George Neugent Yes E 28 LA_ Mayor Pro Tem David Rice Yes .29 v t '�' Commissioner Heather Carruthers Yes U, 30 � - �� Commissioner Danny Kolhage Yes cal -.,� 31 �� Commissioner Sylvia Murphy Yes CL 32 CC Nteev 33 BOARD OF COUNTY COMMISSIONERS 34 =j `' OF MONROE COUNTY, LORIDA 36 ��, .,� ate . BY 37ti ,. f'�>�`\?" `'�.1� Mayor George Neugent 40' ``ATTEST " KEUIN MADOK, CLERK 41 �,`'.. , _. -' '.gONR �E COUNTY A ORNEY 42 AP ► Tb RA: ' 43 DEPUT CLERK — m ASSI ii_A• ;l CO W 'Y O��ttNEY Dntq Yo 2ra 0 P Packet Pg. 1665 FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State 0 November 2, 2017 E �s Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 022-2017, which was filed in this office on November 2, 2017. Sincerely, 0 U) Ernest L. Reddick > Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us I Packet Pg. 1666 P.8.d 1 3 4 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO?1 8-2017 9 c� 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 23 U) 24 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on 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 0 32 WHEREAS, the Monroe County Mayor issued another declaration a State of Local 0. 33 Emergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace 34 inhabitingMonroe County" and that the Count "ma require expedient action in order to protect Y Y Y q P P V.- Ir- 35 the health, safety and welfare of the community;" and CD 36 00 37 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which v 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 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. 1667 P.8.d 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 e 15 e 16 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook-ups 17 to place FEMA manufactured housing units and travel trailers; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 21 22 Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, 23 Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be provided 24 for temporary occupancy by residents displaced by Hurricane Irma at mobile home parks and RV 25 parks, subject to the following conditions: 26 27 (1) Temporary emergency housing is authorized for up to 180-days on mobile home 28 park sites, beginning on September 5, 2017, and ending on March 4, 2018; 29 30 (2) The Planning Director and Building Official shall have the authority to approve the 31 locations of the temporary housing on mobile home parks; 32 33 (3) Placement of temporary emergency housing must not impede or interfere with other 34 emergency and recovery operations or public safety; 35 36 (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary 0 Ir- 37 electrical and sewage lines do not constitute an attractive nuisance to children or 38 homeless persons in the area (i.e., sufficient temporary fencing may be required by 39 the Building Official); 40 a 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. 1668 P.8.d 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 0. 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 22 relevant approvals and timeframes expressly set forth in the relevant authorization, 23 the temporary housing shall be removed. U 24 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. 27 © CD 28 0 a Mayor George Neugent Yes 29 °' `l Mayor Pro Tem David Rice Yes 30 W Q Commissioner Heather Carruthers Yes 31 © �a Commissioner Danny Kolhage Yes 32 LA. � rw Commissioner Sylvia Murphy Yes -33 o w va 34 � �_ o BOARD OF COUNTY COMMISSIONERS 35 U- OF MONRO COUNTY, FLORIDAIr- 00 36 a . 37 w BY 1EPP cy 38 = ' a Mayor George Neugent 2 39 0 401 �"AT' ST: lE�6N MADOK, CLERK MONROE COUNTY t1 ORNEY 42 ( R Ey A§ FORM: 43 44 DEPUTY CLERK s,rE tt.h ;Y4VVIWAMS ASSISTANT CpUN ATTORNEY Date 9/02( / 7 3of3 Packet Pg. 1669 P.8.e 2 as 3 4 5 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ALLOWING THE PLACEMENT OF TEMPORARY W 12 EMERGENCY HOUSING AT MOBILE HOME PARKS AND RV PARKS 13 FOR THE TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED 14 BY HURRICANE IRMA, PURSUANT TO THE PLANNING DIRECTOR 0 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 E 1 9 PURSUANT TO SECTION 19 ( ) OF THE MONROE COUNTY LAND DEVELOPMENT CODE. E 20 21 _ 22 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 23 County, Florida-, and U) 24 25 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on X 26 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe U) 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 0. 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 00 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 0 42 Code (L C), "It is the purpose of thissection 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. 1670 2 WHEREAS, pursuant to LDC Section 103-1(a), temporary emergency housing means 3 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in U) 4 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 0 5 storms, where such RVs (or other approved sheltering units) are provided to residents or relief Z: 6 workers asp of emergency relief efforts; and recreational vehicle (RV) means the same as that E 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 10 placed on a residential parcel for temporary occupancy by residents who have been displaced by E 11 natural or manmade disaster damage subject to conditions; and W 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 17 WHEREAS, mobile home parks and RV parks provide larger areas with utility hook-ups E 18 to place FEMA manufactured housing units and travel trailers; and 19 E 20 WHEREAS, the BOCC initially adopted Resolution No. 218-2017 to allow the 21 placement of temporary emergency housing at mobile home parks and RV parks for the 22 temporary occupancy by residents displaced by Hurricane Irma, commencing September 5, 23 2017, for a duration of up to 180-days and ending on March 4, 2018; and .2 U) 24 25 WHEREAS, displaced residents may need additional time to complete repairs and X 26 replacements on their damaged and destroyed homes; U) 27 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 U) 32 Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary 0 33 emergency housing may be provided for temporary occupancy by residents displaced by 0. 34 Hurricane Irma, subject to the following conditions: E 35 2 00 36 (1) Temporary emergency housing is authorized for up to 360 days on mobile home park 37 sites and RV park sites, beginning on September 5, 2017, and ending on August 31, 38 2018; 39 .2 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; 0 U) 42 43 (3) Placement of temporary emergency housing must not impede or interfere with other 44 emergency and recovery operations or public safety; 45 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. 1671 I homeless persons in the area (i.e., sufficient temporary fencing may be required by 2 the Building Official); 3 U) 4 (5) A no-fee building permit must be issued for the placement of the temporary 0 5 emergency housing unit(s). The building permit shall require approval by the Z: 6 Building Official and the Planning Director of a site plan indicating the location of E 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 10 wastewater treatment system; 11 W 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 d1l 0. 14 additional resolution. However, nothing shall prevent the county or any state or 0 'a 15 federal authority to terminate without notice the authority to keep any temporary 16 emergency housing unit otherwise authorized under this resolution should it be E 17 deemed required for the public safety; 18 E 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 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 U) 24 it is located; X 25 26 (8) Pursuant to LDC Section 103-1(h), no clearing or filling of environmentally sensitive U) 27 lands may occur as a result of providing any type of temporary housing unit(s); and 28 29 (9) Pursuant to LDC Seckon 103-1(i), for all permitted temporary emergency housing, 06 30 upon expiration of rel�vant approvals and timeframes expressly set forth in the 0 31 relevant authorization, the temporary emergency housing shall be removed. U) 32 0 33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 34 Florida, at a regular meeting,held on the 21 st day of Feb® E , 2018. 2 35 00 36 Mayor David Rice Yes 37 Mayor Pro Tern Sylvia Murphy Yes -—- ------------ Commissioner Danny Kolhage 38 Ae; 0 39 Commissioner George Neu gent 2-Le -n M 40 Commissioner Heather Carruthers W kI0jROE COUN OR"" 0 !r y U) 41 ' FORM: co C) 42 SY L X TRO-14 BOARD OF COUNTY COMMISSI(@42RS 3 a, .A4WAMS :ZM 4 OF MONROE COUNTY, FLORIDA=j, ASS11SI A-Q �',;04NTY JkTTORNEY C13 M 44 E C) _n 45 BY Mayor D 0'46 avid dfWte 47 (SEAL) OK CLEft Ne 3 of 4 Packet Pg. 1672 P.8.e 1 ATTEST: U) 0 5 DEPUTY CLERK �s r- U) 0 U) 06 cm U) 0 0 U) 4i r- 0 Page 4 of Packet Pg. 1673