Ordinance 022-2019 1 oQ-o
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6 MONROE COUNTY,FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 022 - 2019
9
10 AN ORDINANCE BY THE BOARD OF COUNTY
11 COMMISSIONERS AMENDING POLICY 101.3.7 OF THE
12 MONROE COUNTY 2030 COMPREHENSIVE PLAN
13 REGARDING TEMPORARY EMERGENCY HOUSING FOR
14 TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED
15 BY A NATURAL DISASTER TO ALLOW FOR THE BOARD
16 OF COUNTY COMMISSIONERS TO APPROVE BY
17 RESOLUTION AN EXTENSION OF THE DURATION OF
18 TEMPORARY EMERGENCY HOUSING AFTER A
19 NATURAL DISASTER;AND TO ALLOW FOR THE BOARD
20 OF COUNTY COMMISSIONERS TO APPROVE BY
21 RESOLUTION PLACEMENT OF TEMPORARY
22 EMERGENCY HOUSING AT MOBILE HOME PARKS AND
23 RV PARKS. FOR THE TEMPORARY OCCUPANCY BY
24 RESIDENTS DISPLACED BY A NATURAL DISASTER;
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR
26 REPEAL OF CONFLICTING PROVISIONS; PROVIDING
27 FOR TRANSMITTAL TO THE STATE LAND PLANNING
28 AGENCY AND THE SECRETARY OF STATE; PROVIDING
29 FOR INCLUSION IN THE MONROE COUNTY
30 COMPREHENSIVE PLAN; PROVIDING FOR AN
31 EFFECTIVE DATE.
32
33
34 WHEREAS, the Monroe County Planning & Environmental Resources Department is
35 proposing amendments to the 2030 Comprehensive Plan Policy 101.3.7 regarding temporary
36 emergency housing; and
37
38 WHEREAS, the proposed Amendments to Policy 101.3.7 would allow for temporary
39 occupancy by residents displaced by a natural disaster to allow for the Board of County
40 Commissioners to approve by resolution an extension of the duration of temporary emergency
41 housing after a natural disaster; and to allow for the Board of County Commissioners to approve by
42 resolution placement of temporary emergency 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 022 -2019
Page 1 of 4
•
2 WHEREAS, the Monroe County Planning Commission (PC) held a public hearing on
3 November 14, 2018, for review and recommendation on the proposed amendments; and
4
5 WHEREAS, based upon the information and documentation submitted, the Planning
6 Commission made the following Findings of Fact and Conclusions of Law:
7
8 1. The proposed amendments to Policy 101.3.7 are consistent with the Goals, Objectives and
9 Policies of the 2030 Comprehensive Plan; and
to
11 2. The proposed amendments to Policy 101.3.7 are consistent with the Principles for Guiding
12 Development for the Florida Keys Area of Critical Concern Section 380.0552(7), Florida
13 Statutes; and
14
15 3. The proposed amendments to Policy 101.3.7 are consistent with Florida Statutes; and
16
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P31-18
18 recommending approval of the proposed amendment; and
19
20 WHEREAS, at a regular meeting held on the 20th day of November 2018, the Monroe County
21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
22 text amendment, considered the staff report and provided for public comment and public
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process; and
25
26 WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution 414-
27 2018, transmitting the proposed text amendment to the State Land Planning Agency; and
28
29 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
30 Objections, Recommendations and Comments (ORC) report on May 6, 2019; and
31
32 WHEREAS, the ORC report identified no objections or recommended changes to the
33 proposed comprehensive plan amendment; and
34
35 WHEREAS, at a regularly scheduled meeting on the 19th day of June, 2019, the BOCC held
36 a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
40
41 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
42 (Deletions are shown stricken through; additions are shown underlined):
43
Ord 022 -2019
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1 Policy 101.3.7
2 Monroe County hereby adopts the following amendments to temporary emergency housing which
3 is described in Policy 101.3.7 [§163.3177(6)(a)1.,F.S.].
4
5 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation
6 System, for temporary occupancy by residents displaced by natural or manmade disaster damage;
7 or for relief workers involved in reconstruction activities.
8
9 Temporary emergency housing may be permitted subject to the following:
10
11 • Temporary emergency housing means recreational vehicles (or similar approved sheltering
12 units) used for temporary occupancy in response to natural or manmade disasters, including,
13 but not limited to, hurricanes and tropical storms, where such units are provided to residents
14 and relief workers as part of emergency relief efforts.
15 • Building permits for temporary emergency housing for displaced residents on
16 residential parcels shall be limited to one recreational vehicle (or similar approved sheltering
17 unit) per let lawfully established dwelling unit, and occupancy shall not exceed 180 days,
18 unless an extension of up to an additional 180 days is granted by the building official.
19 Occupancy may be further extended at the discretion of the Board of County Commissioners
20 (BOCC) by resolution.
21 • Building permits for temporary emergency housing for displaced residents on nonresidential
22 or mixed use sites or vacant residential properties shall not exceed 180 days, unless an
23 extension of up to an additional 180 days is granted by the building official. Occupancy may
24 be further extended at the discretion of the Board of County Commissioners (BOCC) by
25 resolution.
26 • The Board of County Commissioners (BOCC)may adopt a resolution authorizing the duration
27 of temporary emergency housing after a natural or manmade disaster.
28 • The Board of County Commissioners (BOCC) may adopt a resolution authorizing the
29 placement of-temporary emergency housing at mobile home parks and RV parks for the
30 temporary occupancy by residents displaced by a natural or manmade disaster.
31 • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the
32 placement and duration of temporary emergency housing for relief workers shall be required.
33 Occupancy of temporary emergency housing for relief workers shall not exceed the duration
34 specified by the BOCC resolution,but may only be extended at the discretion of the BOCC by
35 an additional resolution. -
36
37 Section 2. _ Severability. If any section, subsection, sentence, clause, item, change, or
38 provision of this ordinance is held invalid,the remainder of this ordinance shall not
39 be affected by such validity.
40
41 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
42 conflict with this ordinance are hereby repealed to the extent of said conflict.
43
44 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
45 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Ord 022 -2019
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1
2 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
3 Secretary of the State of Florida but shall not become effective until a notice is
4 issued by the State Land Planning Agency or Administration Commission finding
5 the amendment in compliance with Chapter 163, Florida Statutes and after any
6 applicable challenges have been resolved.
7
8 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
9 in the Monroe County Comprehensive Plan. The numbering of the foregoing
to amendment may be renumbered to conform to the numbering in the Monroe County
11 Comprehensive Plan.
12
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
14 Florida, at a regular meeting held on the 19 th_ day of June , 2019.
15
16 Mayor Sylvia J. Murphy Yes
17 Mayor Pro Tern Danny L. Kolhage Yes
18 Commissioner Michelle Coldiron Yes
19 Commissioner Heather Carruthers Yes
20 Commissioner David Rice Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONR E COUNTY, FLORIDA
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28 r3�' Mayor Sylvia J. Murphy
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30 ATTEST: KEVIN MADOK, CLERK Q .
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Ord 022 -2019
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KEY1WEST
liiillik MEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
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Account: 138694 Ticket: 296779
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Oli&\14 rralleS ,who on oath says that he or she is
an 0(,.., of the Key West Citizen, a daily
newspaper publish d in K West, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:/
Sunday, June 2, 2019”
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he or she has
neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said newspaper.
(Si n. a of Affiant) ID-------------
Aff •-• a ••-tub •:rbefore me this 3rd day of June 2019
IF
(11:'-• ''blic .ture) '
Lid. 'xi, /M1 /
(Notary ' blic 'anted Name)
(Notary Seal)
My commission expires c77(520—.
Personally Known X Produced Identification
Type of Identification Produced OS y Suelynn Stamper
.c ,. )COMMISSIONS GG232802
:` ::''-, :a EXPIRES:June 27,2022
---'"44%%%'% Banded 11nru Aaron Notar
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAP
NOTICE OF AMENDMENT TO THE
MONROE COUNTY
LAND USE DISTRICT (ZONING) MAP
NOTICE OF CHANGE TO
COMPREHENSIVE PLAN
NOTICE OF CHANGE TO LAND
DEVELOPMENT REGULATIONS
June 19, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 2019, the Monroe County Board of
County Commissioners will hold a Public Meeting at the Nelson Government Center, 102050
Overseas Highway,Key Largo,Monroe County,Florida,to review and receive public comment
for the following items:
PUBLIC HEARINGS:3:00 PM(or as soon thereafter may be heard):
1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF CO' NTY COMMISSIONERS AMENDING THE
MONROE COUNTY FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL(MC),RECREATION(R)
AND CONSERVATION(C)TO COMMERCIAL(COMM),FOR A PORTION OF PROPERTY LOCATED AT 100
ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS 00572797-003600
AND 00572797-003603;AS PROPOSED BY OCEAN REEF CLUB INC.; 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 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTIVE DATE.(File 2018-075). See Map 1 Below
2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA),PARKS AND REFUGE
(PR)AND SUBURBAN COMMERCIAL(SC)TO COMMERCIAL 1 (C1), FOR A PORTION OF PROPERTY
LOCATED AT 100 ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS
00572797-003600 AND 00572797-003603; AS PROPOSED BY OCEAN REEF CLUB INC.; 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 AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.
(File 2018-076)See Map 2 Below
Map 1 Map 2
FLUM LUD
C,R&MC to COMM I NA,PR&SC to Cl
.wn ,
Ocean Reef! [Ocean Reef
3. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TO ALLOW FOR
THE AWARD OF AFFORDABLE ROGO ALLOCATIONS TO TIER I AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT MARKET RATE DWELLING UNITS WITH A REPLACEMENT
AFFORDABLE DWELLING UNIT; 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 COUNTY
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-107)
4. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTIONS 138-24 AND 139-1(A)(6)C.TO ALLOW FOR
THE AWARD OF ROGO ALLOCATIONS TO TIER I,TIER II,TIER III AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT DWELLING UNITS WITH A REPLACEMENT AFFORDABLE
DWELLING UNIT; 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 COUNTY LAND DEVELOPMENT
CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-108)
5. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.7 OF THE 2030 MONROE COUNTY COMPREHENSIVE PLAN REGARDING TEMPORARY
EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY A NATURAL
DISASTER TO ALLOW FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION
AN EXTENSION OF THE DURATION OF TEMPORARY EMERGENCY HOUSING AFTER A NATURAL
DISASTER;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 COUNTY COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE.(File#2018-042)
6. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY CODE SECTION 103-1, TEMPORARY HOUSING TO ALLOW FOR THE BOARD OF
COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF
TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY COUNTY RESIDENTS AFTER
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 COUNTY CODE;PROVIDING FOR
AN EFFECTIVE DATE.(File#2018-043)
7. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING
AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF GARDEN STATE LANE, AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES
SECTION THREE,PLAT BOOK 6, PAGE 61,BOUNDED ON THE NORTH AND WEST BY BLOCK 8 LOTS
17 AND 18;BOUNDED ON THE EAST BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH
BY GARDEN STATE LANE; SECTION 14,TOWNSHIP 61, RANGE 39, KEY LARGO, MONROE COUNTY,
FLORIDA.(File#2018-231)
Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo
during normal business hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of
the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings
is made,which record includes the testimony&evidence upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled
meeting;if you are hearing or voice impaired,call"711." June 1,2019 Key West Citizen
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FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 26, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
replacement electronic copy of Monroe County Ordinance No. 022-2019, which was filed in this office on
June 26, 2019.
Sincerely,
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.ft.us
�tcouare��l
=.4%"7";..°g'%, Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
June 25, 2019
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 022-2019 amending Policy 101.3.7 of the
Monroe County 2030 Comprehensive Plan regarding temporary emergency housing for temporary
occupancy by residents displaced by a natural disaster to allow for the Board of County
Commissioners to approve by Resolution an extension of the duration of temporary emergency
housing after a natural disaster; and 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 County Comprehensive
Plan;providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on June 19, 2019. Should you have any questions,
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Planning&Environmental
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 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145