Ordinance 023-2019 1 Q'„E Qc4G
3 e '
4
5
6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 023 2019
9
10 AN ORDINANCE BY THE BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY
12 CODE SECTION 103-1, TEMPORARY HOUSING
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. (FILE#2018-043)
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
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 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'023 -2019
Page 1 of 9
1 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
10 emergency housing for repairs of damages caused by the casualty event to make the dwelling unit
11 habitable or the subject parcel must have an already issued, unexpired building permit for the
12 construction of a dwelling unit; and
13
14 WHEREAS, the Planning Commission (PC) adopted Resolution P32-18 recommending
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
19 provided for public comment and public participation in accordance with the requirements of state
20 law and the procedures adopted for public participation in the planning process; and
21
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
26 Goal, Objectives and Policies of the 2030 Comprehensive Plan; and
27
28 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
30 380.0552(7), Florida Statutes; and
31
32 3. The proposed amendments to Monroe County Code Section 103-1 are consistent with
33 Florida Statutes.
34
35
36 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY,FLORIDA,that the preceding Findings of Fact
38 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 stricken through and additions are underlined):
43
44 Section 103-1. Temporary Housing.
45
46 *
47
Ord 023 -2019
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1 (c) Placement of temporary emergency housing on residential parcels. Notwithstanding the
2 provisions of Chapter 130,Land Use Districts,Chapter 131,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
8 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
11 Compliance Department; or the subject parcel has an already issued, unexpired
12 building permit for the construction of a dwelling unit;
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;
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
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
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
24 tank with a licensed septage hauler;
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 and
29 (5) The temporary emergency housing unit may remain on the property for a period
30 not to exceed 180 days from the date of building permit issuance or until the final
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 023 -2019
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•
1 emergency housing units otherwise authorized under this section should it be
2 deemed required for the public safety.-; and
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 on nonresidential properties or vacant
7 residential 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
11 lands designated for conservation and resource protection for temporary occupancy by
12 County residents displaced by natural or manmade disaster damage, subject to the
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
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
19 disposal system(s), to an existing community wastewater treatment system or use
20 of a holding tank with a licensed septage hauler;
21 (2) The placement of temporary emergency housing on vacant residential properties is
22 limited to travel trailers, RVs or similar sheltering units provided and licensed by
23 FEMA; and
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 180 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
29 not to present an undue hazard to persons or property in a high-wind or flood event.
30 Occupancy may be further extended at the discretion of the Board of County
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 (BOCC) may adopt a resolution authorizing
36 the duration of temporary emergency housing after a natural or manmade disaster.
37
38 (e) Placement of temporary emergency housing at mobile home parks and RV parks.
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 023 -2019
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1 at mobile home parks and RV parks, for temporary occupancy by residents who have been
2 displaced by natural or manmade 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 temporary emergency housing at mobile home and RV parks;
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 emergency and recovery operations or public safety;
to (4) Temporary recovery or reconstruction housing facilities shall ensure that temporary
11 electrical and sewage lines do not constitute an attractive nuisance to children or
12 homeless persons in the area(i.e., sufficient temporary fencing may be required by
13 the Building Official);
14 (5) A no-fee building permit must be issued for the placement of the temporary
15 emergency housing unit(s). The building peanut shall require approval 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
19 unit(s) to central sewer, an on-site wastewater treatment and disposal system(s), an
20 existing community wastewater treatment system, or use of holding tanks with a
21 licensed septage hauler;
22 (6) The temporary emergency housing unit(s) may remain on the site for a period not
23 to exceed 180-days, unless an extension of up to an additional 180 days is granted
24 by the Building Official. Occupancy may be further extended at the discretion of
25 the Board of County Commissioners (BOCC) by resolution. However, nothing
26 shall prevent the county or any state or federal authority to terminate without notice
27 the authority to keep 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
30 parks and RV parks as housing assistance due to natural or manmade disaster
31 damage does not create a ROGO exemption nor recognize nonconforming uses.
32 Nonconforming uses damaged or destroyed so as to require substantial
33 improvement shall be repaired or restored only for uses that conform to the
34 provisions of the land use (zoning) district in which it is located;
35 (8) Pursuant to Section 103-1(i), no clearing or filling of environmentally sensitive
36 lands may occur as a result of providing any type of temporary housing unit(s);
37 (9) Pursuant to Section 103-1(j), for all permitted temporary housing, upon expiration
38 of relevant approvals and timeframes expressly set forth in the relevant
39 authorization, the temporary housing shall be removed; and
40 (10) The Board of County Commissioners (BOCC) may adopt a resolution authorizing
41 the duration of temporary emergency housing after a natural or manmade disaster.
42
43 (ef) Placement of temporary emergency housing for emergency relief workers.
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 023 -2019
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1 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);
12 (4) A no-fee building permit must be issued for the placement of the temporary
13 emergency housing unit(s). The building permit shall require approval by the
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
18 man existing community wastewater treatment system,or use of holding tanks with
19 a licensed septage hauler;
20 (5) Any required demolition or building permits for the related reconstruction activities
21 must 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
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
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
28 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
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
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
38 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 of temporary non-emergency housing for 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 023 -2019
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•
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
11 not impede or interfere with aviation operations or safety and must conform to any
12 applicable FAA regulations;
13 (3) Temporary non-emergency housing for airport construction purposes shall remain on
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.
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-
18 emergency housing unit otherwise authorized under this section should it be deemed
19 required for the public safety; and
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
22 are actually gainfully employed on a fulltime basis in completing airport safety and
23 capacity improvements at a county airport. All residents or occupants of temporary
24 airport construction housing facilities must be required to timely evacuate in
25 accordance with local evacuation orders.
26 (gh) Placement of temporary non-emergency housing to provide site security for capital
27 improvement projects. 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
30 project may be provided in order to provide site security for the project site, subject to the
31 following conditions:
32 (1) A resolution of the BOCC must be issued authorizing the placement of a temporary
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 023 -2019
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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
10 treatment system;
11 (5) The temporary non-emergency housing unit for site security may remain on the site for
12 a period not to exceed the duration specified by the BOCC resolution, and may only be
13 extended at the discretion of the BOCC by an additional resolution. When considering
14 an extension, the BOCC shall take into account the number of times a parcel has been
15 used for temporary non-emergency housing purposes for capital improvement projects
16 and shall consider compatibility, complications and other circumstances that may
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
19 terminate without notice the authority to keep any temporary non-emergency housing
20 unit otherwise authorized under this section should it be deemed required for the public
21 safety.
22 (6) The only persons permitted to reside for any period in temporary non-emergency
23 housing for site security for a capital improvement project are individuals who are
24 gainfully employed in completing the capital improvement project. All residents of
25 temporary non-emergency housing for site security who were not permanent residents
26 of the county prior to first occupying such housing facilities will be required to evacuate
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.
31 (hi) No clearing or filling of environmentally sensitive lands may occur as a result of providing
32 any type of temporary housing unit(s).
33 (ij.) For all permitted temporary housing, upon expiration of relevant approvals and timeframes
34 expressly set forth in the relevant authorization, the temporary housing shall be removed.
35
36 Section 2. Severability. 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
Ord'}023 -2019
Page 8 of 9
1 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
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
to approving the ordinance, and if the final order is challenged, until the challenge to the order is
11 resolved pursuant to F.S. Chapter 120.
12
13 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
14 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
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
19 stated above.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the 19 th day of June ,20 19 .
23
24 Mayor Sylvia Murphy, District 5 Yes
25 Mayor Pro Tern Danny L. Kolhage, District 1 Yes
26 Commissioner Michelle Coldiron, District 2 Yes :
27 Commissioner Heather Carruthers, District 3 p Yes
28 Commissioner David Rice, District 4 es
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29 `
30 c-774... .•,
31 5 - ma's`
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32 -;,: w�n•�: BOARD OF CO NTY COMMISSI�NERS p
33 , OF MONRO OUN LOR
34 4.1
.
35 ` ►. BY
36 it== = =' Mayor Sylvia Murphy
37
38 '' _ tea
COUNTY o'
39 ATTE KEVIN MADOK, CLERK
40
416-74"*"4"1- IrtONROE COUN . ATTORNEY
42 DEPUTY CLERK 2.2tVED AS FORM:
.w
S11 V :Z-. WILLIAMS
ASSISTANT C "NTY ATTORNEY
We 311
Ord -2019
Page 9 of 9
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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
• 4
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
y
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
_ ....MS,,.«..
/4-;'"',-4.,:vo Kevin Madok, CPA
1.*s.
k�; Clerk of the Circuit Court&Comptroller Monroe County, Florida
k%*co
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. 023-2019 amending 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 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
4,
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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. 023-2019, 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
Final-Order No. DEO-19-03 5
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
ca
CD rri
In re: A LAND DEVELOPMENT REGULATION c
ADOPTED BY MONROE COUNTY, FLORIDA, r=`�c-)
ORDINANCE NO. 023-2019 =' a•; 74
cw
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 023-2019
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 023-2019 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on June 19, 2019, and rendered to
the Department on August 14, 2019.
3. The Ordinance amends. Section 103-1 of the Land Development Code to allow
temporary emergency housing to be provided at mobile home parks and RV parks for residents
who are displaced by natural or manmade disasters. The Ordinance also authorizes the Board of
County Commissioners to extend the duration of temporary emergency housing by resolution.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.. -
1
Final Order No. DEO-19-035
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with. the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policy
101.3.7.
7. All land development regulations enacted, amended,or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla State The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(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.
(1) Making available adequate affordable housing for all sectors of the population
of the 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 postdisaster
reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 023-2019 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
2
Final Order No. DEO-19-035
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
J s D. Stansbury, Chief
Bu au of Community Planning and Growth
De ailment of Economic Opportunity
•
Final Order No. DEO-19-035
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569,FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE DATE OF FILING
OF THE FINAL ORDER AS INDICATED ON THE CERTIFICATE OF SERVICE. A
PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE,FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
DATE OF THE FILING OF THE FINAL ORDER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-19-035
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 1o"\-Y 1 day of DDT , 2019.
/1(;' •
Ag:,n‘ey lerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S.Mail:
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5