Item Q2 Q.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: Q.2
Agenda Item Summary #5981
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 PM
AGENDA ITEM WORDING: A public hearing to consider a resolution by the Monroe County
Board of County Commissioners transmitting to the state land planning agency an ordinance by the
Monroe County Board of County Commissioners amending Monroe County Comprehensive Plan
Policy 101.3.2 to extend the time period of the rate of growth ordinance (ROGO) through 2026;
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.
ITEM BACKGROUND:
The adopted Comprehensive Plan has an existing policy that provides for the distribution of
allocations under the Rate of Growth Ordinance (ROGO) through 2023 with a provision to re-
evaluate the ROGO allocation distribution schedule, if substantial financial support from the State, is
provided by July 12, 2018 for land acquisition to retire development rights.
With the passage of the Florida Keys Environmental Stewardship Act and coordination with the
Florida Department of Environmental Protection, the state has expended approximately $2,828,852
and retired 65.99 TDRs for the period between July 1, 2016 and July 26, 2019. This was discussed
at a special meeting on January 30, 2019 and the BOCC directed staff to amend the Monroe County
Comprehensive Plan and Land Development Code to extend the time period of the Rate of Growth
Ordinance (ROGO)through 2026.
This gives the State and County time to evaluate the updated evacuation model, which the State will
run using updated data and analysis, including information from the 2020 Census (which is typically
released 2-3 years after the census is taken). This will be the earliest point in time that the County
will be able to evaluate the hurricane evacuation results, based on any changes experienced in the
inputs and assumptions utilized.
The proposed amendment will extend the allocations awarded under the Rate of Growth Ordinance
for the time period of July 13, 2013 through July 12, 2026, and maintain the total 1,970 allocations
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Q.2
provided after the evacuation model runs in 2012, as follows:
Annual Allocation
ROGO Year Market rate Affordable
July 13, 2013-July 12, 2014 126 71
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
July 13, 2016-July 12, 2017 126
July 13, 2017-July 12, 2018 126
July 13, 2018-July 12, 2019 126
July 13, 2019-July 12, 2020 126
July 13, 2020-July 12, 2021 472-4 64 568 total AFH(total available
July 13, 2021-July 12, 2022 472-4 64 immediately)
July 13, 2022-July 12, 2023 472-4 64
July 13, 2023-July 12, 2024 62
July 13, 2024- July 12, 2025 62
July 13, 2025-July 12, 2026 62
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea
through the Incidental Take Permit(ITP) ending in 2023.
PREVIOUS RELEVANT BOCC ACTION:
At a special meeting on January 30, 2019, the BOCC directed staff to amend the Monroe County
Comprehensive Plan and Land Development Code to extend the time period of the Rate of Growth
Ordinance (ROGO)through 2026
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
2019-043_BOCC_Staff Report_CP to extend ROGO through 2026
2019-043 Transmittal_Resolution to DEO
2019-043 EX.A to transmittal resolution Draft Ordinance
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Q.2
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: N/A
Additional Details:
REVIEWED BY:
Cheryl Cioffari Skipped 08/26/2019 7:19 PM
Assistant County Administrator Christine Hurley Completed
08/27/2019 1:01 PM
Steve Williams Completed 08/28/2019 12:00 PM
Budget and Finance Completed 08/29/2019 4:43 PM
Maria Slavik Completed 09/03/2019 9:58 AM
Kathy Peters Completed 09/03/2019 10:52 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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M Q.2.a
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT „g
6 04
7 To: Monroe County Board of County Commissioners
8
9 From: Cheryl Cioffari, AICP, Acting Sr. Director of Planning and Environmental Resources 0
10
11 Date: August 26, 2019 0
12
13 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy 0
14 101.3.2 of the 2030 Monroe County Comprehensive Plan to extend the time period of
15 the Rate of Growth Ordinance(ROGO) through 2026. (File 42019-043) as
16
17 Meeting: September 18, 2019 0
18
19 I. REQUEST
20
21 The Monroe County Planning & Environmental Resources Department is proposing amendments CD
22 to the 2030 Comprehensive Plan, as directed by the BOCC on January 30, 2019, to amend Policy
23 101.3.2 to extend the time period of the Rate of Growth Ordinance (ROGO) through 2026. 0
24
25 II. BACKGROUND INFORMATION
26
27 Monroe County's current adopted Comprehensive Plan has an existing policy that provides
28 distribution of allocations for the Rate of Growth Ordinance (ROGO) through 2023. The annual
29 allocations are distributed among the upper and lower Keys. Furthermore, Policy 101.3.2 (see a)
30 below), requires re-evaluation of the ROGO allocation distribution schedule, if substantial
CL
31 financial support is provided by July 12, 2018 for land acquisition to retire development rights. U
32 ItI
33 Policy 101.3.2 C
34 "The number of permits issued for residential dwelling units under the Rate of Growth
35 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
36 2013 through July 12, 2023, plus any available unused ROGO allocations from a co
37 previous ROGO year. A ROGO year means the twelve-month period beginning on July U
38 13. Market rate allocations shall not to exceed 126 residential units per year. Unused 0
39 allocations for market rate shall be available for Administrative Relief.
40
41 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
42 completed the hurricane evacuation clearance time modeling task and found that with 10 C4
43 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation
44 clearance time. This creates challenges for State of Florida and Monroe County as there E
45 were 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A
46 (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] but only 1,970 ROGO allocations to
47 distribute between 2013 and 2023. This deficit of ROGO allocations could result in a
48 balance of approximately 6,198 privately held vacant parcels at risk of not obtaining
49 permits once the 1,970 ROGO allocations are exhausted. In recognition of the possibility
BOCC SR 08.26.19 Page 1 of 11
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I that the inventory of vacant parcels exceeds the total number of allocations which the
2 State will allow the County to award, the County will consider adopting an extended
3 timeframe for distribution of the ROGO allocations through 2033 with committed
4 financial support from its State and Federal partners. This timeframe can provide a safety
5 net to the County and provide additional time to implement land acquisition and other
6 strategies to reduce the demand for ROGO allocations and help transition land into public
7 ownership.
8
9 The County is actively engaged in acquisitions and is requesting its State and Federal 0
10 partners for assistance with implementing land acquisitions in Monroe County. The
11 County will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If
12 substantial financial support is provided by July 12, 2018, the County will reevaluate the
13 ROGO distribution allocation schedule and consider an extended timeframe for the
14 distribution of market rate allocations (through a comprehensive plan amendment).
X
15 Further, the State and County shall develop a mutually agreeable position defending
16 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
17 cases, with the State having an active role both directly and financially in the defense of
18 such cases. D
19
20 The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
21
ROGO Year Annual Allocation C
CD
Market Rate Affordable Housing
July 13, 2013-July 12, 2014 126 71
0
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
x
0
July 13, 2016-July 12, 2017 126 0
IL
July 13, 2017-July 12, 2018 126 568 total AFH
July 13, 2018-July 12, 2019 126 (total available CL
immediately)
July 13, 2019-July 12, 2020 126
July 13, 2020-July 12, 2021 126
July 13, 2021-July 12, 2022 126 0
i
July 13, 2022-July 12, 2023 126
TOTAL 1,260 710*
cv
*(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
as
22
23 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
24 allocation rate. Monroe County will request a Rule change from the Administration
25 Commission to authorize the above allocation timeframe and rate."
26
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I The Florida Legislature and the Administration Commission have mandated that local
2 governments (except the City of Key West) include measures to protect public safety and welfare
3 in the event of a hurricane by maintaining an evacuation clearance time for permanent residents
4 of no more than 24 hours in their respective Comprehensive Plans. Florida Administrative Code
5 Rule 28-36.003(2)(a)7 requires the City of Key West to prepare and adopt an evacuation plan
6 that is consistent with the regional and County plans.
7
8 The Florida Legislature mandated that the hurricane evacuation time for the Florida Keys Area of
9 Critical State Concern (ACSC) be determined by a state approved hurricane evacuation study. 0
10 The Division of Emergency Management ("the Division") produced an evacuation study titled
11 "Statewide Regional Evacuation Studies Program" dated November 2010, augmented with other 0
12 professional data and analysis, to determine input variables and assumptions to determine
13 clearance times. For the first time since the hurricane modeling began, after the growth
14 limitations were added to the comprehensive plan, the model demonstrated that the award of
15 allocations through the year 2023 by DEO would place the County, including municipalities at
16 the maximum 24 hour limit evacuation. This indicated the county was at maximum buildout and
17 additional allocations would not be forthcoming, unless other changes are made such as
18 transportation/evacuation improvements, etc. T
19
20 In 2012, the County entered into a Memorandum of Understanding (MOU) with the Department
21 of Economic Opportunity (DEO), the Division, Marathon, Islamorada, Key West, Key Colony
22 Beach and Layton. The MOU provided the distribution of allocations among the local
23 governments based upon a vacant land analysis. Based on the MOU, the County began receiving
24 197 ROGO allocations annually, for a total of 1,970 ROGO allocations over a 10-year period.
25 Following the MOU, the County updated its Comprehensive Plan and adopted Objectives 101.2 0
26 and 101.3, and the Policies therein. The existing model indicates the current ROGO allocations 0
27 available to maintain evacuation at the 24-hour mark will be exhausted in 2023.
28
29 DEO will run an evacuation model after the completion of the 2020 Census, using updated data 0
30 and analysis. Staff anticipates this process may take two to three years, and will require a new 0
a.
31 MOU with the previously included parties. This will be the earliest point in time that the County
32 will be able to evaluate the results based on any changes experienced in the inputs and
33 assumptions utilized.
34
35 Previous Relevant BOCC Action
36 At a special meeting on January 30, 2019, the BOCC directed staff to amend the Monroe
37 County Comprehensive Plan and Land Development Code to extend the time period of the Rate
38 of Growth Ordinance (ROGO) through 2026. 0
39
40 Community Meeting and Public Participation
41 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
42 Plan and Land Development Code text amendments was held on April 3, 2019 in Marathon and
43 provided for public input. There were no members of the public in attendance.
44 E
45 Development Review Committee and Public Input
46 At a regular meeting held on May 28, 2019, the Development Review Committee (DRC)
47 considered the proposed Comprehensive Plan text amendment and corresponding Land
48 Development text amendment, and provided for public comment.
49
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I Planning Commission and Public Input
2 The Planning Commission considered the proposed amendment at a regular meeting on July 31,
3 2019,provided for public input and recommended approval to the staff proposed changes.
4
5 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
6
7 Proposed Amendment(deletions are stti ke ft„-e mot,; additions are shown in underlined). N
8
9
10 Policy 101.3.2
11 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance a
12 shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July
13 12, �3-2026, plus any available unused ROGO allocations from a previous ROGO year. A
14 ROGO year means the twelve-month period beginning on July 13. Market rate allocations shall X
15 not to exceed 126 residential units per year. Unused allocations for market rate shall be available
16 for Administrative Relief.
17 2
18 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
19 completed the hurricane evacuation clearance time modeling task and found that with 10 years'
20 worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time.
21 This creates challenges for State of Florida and Monroe County as there are 8,168 privately N
22 owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No
23 Tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately 0-
24 held vacant parcels at risk of not obtaining permits in the future.
25 0
26 In recognition of the possibility that the inventory of vacant parcels exceeds the total number of
27 allocations which the State will allow the County to award, the County will consider adopting an
28 extended timeframe for distribution of the ROGO allocations through 2033 with committed
29 financial support from its State and Federal partners. This timeframe can provide a safety net to 0
30 the County and provide additional time to implement land acquisition and other strategies to
31 reduce the demand for ROGO allocations and help transition land into public ownership. a.i
32
0
33 The County is actively engaged in acquisitions and is requesting its State and Federal partners for
34 assistance with implementing land acquisitions in Monroe County. The County will allocate the
35 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is
36 provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule
37 and consider an extended timeframe for the distribution of market rate allocations (through a
38 comprehensive plan amendment). Further, the State and County shall develop a mutually co
39 agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property M�
40 Rights Protection Act cases, with the State having an active role both directly and financially in
41 the defense of such cases.
42 N
43 The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
44 E
Annual Allocation
ROGO Year Market rate Affordable
July 13, 2013- July 12, 2014 126 71
BOCC SR 08.26.19 Page 4 of 11
File 2019-043
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Q.2.a
July 13, 2014- July 12, 2015 126 71
July 13, 2015- July 12, 2016 126
July 13, 2016- July 12, 2017 126
July 13, 2017- July 12, 2018 126
Q
July 13, 2018- July 12, 2019 126 "'
July 13, 2019- July 12, 2020 126 0
July 13, 2020- July 12, 2021 �§64 568 total AFH (total available
immediately) a
July 13, 2021- July 12, 2022 4,26 64 0
July 13, 2022- July 12, 2023 4,26 64
July 13, 2023- July 12, 2024 62 x
July 13, 2024- July 12, 2025 62
- c
July 13, 2025- July 12, 2026 62 T)
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key Q
subarea through the Incidental Take Permit (ITP) ending in 2023.
1 0-
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. Monroe County will request a Rule change from the Administration Commission 0
4 to authorize the above allocation timeframe and rate. 0
5 *****
6
7 IV. ANALYSIS OF PROPOSED AMENDMENT 0
8 IL
9 For a number of years prior to 2016, County staff had frequent meetings with the State of Florida psi
10 requesting that DEP reinitiate land acquisition in Florida Keys Florida Forever project areas. In
11 addition to the staff outreach, Representative Holly Raschein and the legislature passed the
12 Florida Keys Environmental Stewardship Act in 2016 codifying the State's recognition of the
13 importance of land acquisition as a critical need and secured Florida Forever funds for state land
14 acquisitions in the Florida Keys. For the period between July 1, 2016 and April 25, 2019, the
15 state has purchased 135 parcels, at an aproximate cost of $2,808,220 and retired 61.49
16 TDRs. The State of Florida designated $5 Million toward land acquisition in Florida Forever in
17 the 2018 legislative session.
18
19 The following graph shows the amount encumbered or spent on acquisitions and the TDRs
20 retired from July 1, 2016 through April 25, 2019.
21 a
E
BOCC SR 08.26.19 Page 5 of I1
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Q.2.a
APP11L 2019
V.alrttd AlwqlUiaAuaDma aITId IFu.11vCilulry
s v2'a"uIaWe alr d PotelTLual Balances
$M,DiiN0,,DOD
§p8,wu6'Am'RUICV � �
1bPo„i0010,,MOD
.ne,ruasow,ry'no!,n
FUTURE AFPPVCATION 0
b.nm,,ruttlPe,�l'uruhu j Jl J �
$AyRuaNrA,�mrAA
Ha INi lay„rtpfkNY "SCarmrtrdoihipa SMW➢ tJ
Fkixstd 7/,6f10
'.§w,rtupwlr,rtutsllu -�-- �jJ��J�JJ��
� J JJJ f
l IV0.111,INI]�i14 �� �p
W
___ __ ___ ___ ___ ___ tJ ___
IVe II J%IlItlAC I:
--I
M11,111,?�Ftl C'W 4FAAA9P4'kl PiM
IM1c and leeµ udOA tlauPN',I N¢ rua5 oalcwnlu v�y ultlu,ll 9sl alF uuuurb:nsaa"I", [H rellMVl zwuvn
4f'N0(vtlbn lr'tsnL 4„yP d44 rvN'PIU NqI lC GIr4 Ur. Nwudai 911mw;;y d iho,2 A,I' If 194Pa've Pea*.°a n✓� IXmCW.IIh VA Yi2A
9Uu.Y.UI
IA J4wsw'rmlWa LY.lutli['.n'_� n�e,7,';P,',?-W@Y M,W N)it i9,ysl l."UA4Mb %*i'U r,Fly Y7 M'Wp Yso
IWIR If,xuurnV»a. A mtipvu:ut imdt rxe,meva tm th'Y Top_ J,42 44 'YP,111,M UPVdbb rxxrred-6a 49
4vM^vy ro�mM1w "fb TDR rxnlvnd ayMn
u r%xreyi art ,u FA N hr h4,env,,,aA' nnomrn l!fiw6 RJ ,gl PUNa xiap >
u Y F l m,Ixr.44 N 4kP'1Y.Lpl'bu91'X I tli 6 Y a%�N!
r%Pr. i9;A.N NSYtl . ,°Wv,y".C1<;'N td'$�FR.'I�INtlk
.......................... .............. 56'DU,Otl70 $10,155,E851 ......$3,2SS,2�di 99 til..... 619,4 ,O99 $5,001
. .... hhOCW.......
TOTALS TOTAL 1TOIR RETWED :2.2934 �
1 NOTE Th.DEP ce,s ahr,..are-hp arc bu ar ntlwrnn atfall+by DEF D—Oily—rmrvs n.Ee ally nc,,,,d by BOCC That rnr Il Itiim,t,ly be re mvbc,,,d bV DEG sre Hosed as DER i--s N
2 as
3 The following graph shows the amount encumbered or spent on acquisitions and the TDRs 0
4 retired from July 1, 2016 through July 26, 2019. For the period between July 1, 2016 and July 26,
5 2019, the state has expended approximately $2,828,852 and retired 65.99 TDRs.
6
L'w July 2019 �
' Land Acquisition and Funding
� Avalillable and Potential Balances X
F—7/1I`16*ao 7/26119
$20,000,000 00 p`�q
$18,000,000.go 4✓
$ib,000,000.00 0
$14,000,000.go QA
412,000,000.00
$10,000,000.0o , FUTURE APPLICATION
$8,000,000.06 3I
$b,000,000.00 Q
$4,000,000.00 *stm d'hip Lull
Pnased 711116
$2,000,000.00
$0 d0
MOmPaae{onn!'y MCIA ROGO HUD/OFOCORG- FEMA/OEMi-
TCD—
Mocrrae tty Reserve Funnel Tottxl County OEP FIIPIida keys
309/316 Fund Lalyd AnthOaYtty FN j{;ourk,Plan Funding Ste—dship AW Diirlssker Hazard Mitigation 4
Heys AC'SC Fund 101.7.2N Re—err, Grant Pragam
IIII Available B'alanre $'1,938','l b2 $428,407 S3,293,248 $5,6.5q,817
dt8
IIIIIII Fncnitilner'ed Or Spent $13,901,O75
Conservatio r.a,
0enslty RedUCljDn $1,405,130 $6,1097,253 52,8281
LEE DensPtty Redueti- $2,086,721
Affordable HOLIang $569,997 '$3,741,994 �
111 PntentiA Funding $10,000,0u6 $10,000,006
IIlinDiRS Retired by Fund 42.00 143.64 185.64 65.99
IIIIIIITMal T®fts Retired(all tulnds) 251.63
7 NOTE,The DEP costs shovar are subject to runnrmation by DEP.Due Diligence costs initially incurred by BOCC that will ultimately be r_imbursed try DEP are listed as DEP costs.
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1
2 These acquisitions help to further progress on Policy 101.3. 2 of the Comprehensive Plan
3 adopted April 13, 2016. Therefore, it is an appropriate time for the County to consider extending
4 ROGO beyond 2023.
5 _
6 The proposed amendment would provide the County additional time to distribute ROGO w
7 allocations during the time period that the new evacuation model is run using updated data and
8 analysis, including information from the 2020 Census. Staff anticipates this process may take
9 two to three years, and will require a new MOU with the previously included parties. This will be 0-
10 the earliest point in time that the County will be able to evaluate the results based on any changes
11 experienced in the inputs and assumptions utilized. Extending ROGO through 2026 provides the 0
12 County with time to complete such an analysis.
13
14 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
15 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
16
17 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2
T
18 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
19
20 GOAL 101 C14
21 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
22 County residents and visitors, and protect valuable natural resources. as
23 0
24 Objective 101.1
25 Monroe County shall ensure that all development and redevelopment taking place within its 0
26 boundaries does not result in a reduction of the level-of-service requirements established and 0
27 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive a
28 plan amendments include an analysis of the availability of facilities and services or demonstrate 2
29 that the adopted levels of service can be reasonably met. 0
30
31 Objective 101.2 psi
32 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
33 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a
34 maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
35 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
36 adopted between the County and all the municipalities and the State agencies.
37
38 Policy 101.2.1 co 1
39 Monroe County shall maintain a memorandum of understanding with the State Land Planning M
40 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
41 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
42 variables and assumptions, including regional considerations, for utilizing the Florida Division of
43 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
44 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
45
46 Policy 101.2.2
47 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and
48 Division of Emergency Management to update the variables and assumptions for the evacuation
49 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of
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I Critical State Concern based upon the release of the decennial Census data. Pursuant to the 2012
2 completed hurricane evacuation clearance time modeling by the State Land Planning Agency,
3 which incorporates the 2010 Census data, the County may allocate 10 years' worth of growth
4 (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through
5 the year 2023, while maintaining an evacuation clearance time of 24 hours. The County will
6 adopt a slower rate of annual allocations for market rate development to extend the allocation N
7 timeframe to 2033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
8 County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
9 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation 0-
10 modeling by the State Land Planning Agency and Division of Emergency Management; and 3) a
11 new or revised memorandum of understanding with the State Land Planning Agency, Division of a
12 Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton (see
13 Policy 101.2.1).
14
15 Policy 101.2.3
16 The County will consider capital improvements based upon the need for improved hurricane
17 evacuation clearance times. The County will coordinate with the FDOT, the state agency which g
18 maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized. T
19
20 Policy 101.2.4
21 In the event of a pending major hurricane (Category 35) Monroe County shall implement the
22 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
23 hurricane evacuation clearance time for the resident population.
24 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of
25 non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels 0
26 (transient and non-transient), and military personnel from the Florida Keys shall be 0
27 initiated. State parks and campgrounds should be closed at this time or sooner and entry
28 into the Florida Keys by non-residents should be strictly limited.
29 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of 0
30 mobile home residents, special needs residents, and hospital and nursing home patients 0
31 from the Keys shall be initiated.
32 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
33 evacuation of permanent residents by evacuation zone (described below) shall be 0.
0
34 initiated. Existing evacuation zones are as follows:
35 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
36 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
37 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
38 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 0
39 63-106.5 and MM 1-9.5 of CR 905)
40 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
41
42 The actual sequence of the evacuation by zones will vary depending on the individual storm. The
43 concepts embodied in this staged evacuation procedures should be embodied in the appropriate
44 County operational Emergency Management Plans.
45
46 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
47 decreases and or shifts in population;particularly the resident and non-resident populations.
48
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I For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
2 allocations to more than 197 residential units a year, except for affordable housing. Any increase
3 in the number of allocations shall be for affordable housing.
4
5 Objective 101.3
6 Monroe County shall regulate new residential development based upon the finite carrying N
7 capacity of the natural and man-made systems and the growth capacity while maintaining a
8 maximum hurricane evacuation clearance time of 24 hours.
9
10 Policy 101.3.1
11 Monroe County shall maintain a Permit Allocation System for new residential development
12 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
13 System shall limit the number of permits issued for new residential dwelling units The ROGO
14 allocation system shall apply within the unincorporated area of the county, excluding areas
15 within the county mainland and within the Ocean Reef planned development (Future
16 development in the Ocean Reef planned development is based upon the December 2010 Ocean
17 Reef Club Vested Development Rights Letter recognized and issued by the Department of g
18 Community Affairs). New residential dwelling units included in the ROGO allocation system T
19 include the following: affordable housing units; market rate dwelling units; mobile homes; and
20 institutional residential units (except hospital rooms). to
21 N
22 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
23 location, and therefore cannot be accounted for in the County's hurricane evacuation model.
24 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be
25 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet 0
26 slips are not considered ROGO allocation awards, and may not be used as the basis for any type 0
27 of ROGO exemption or THE(Transfer of ROGO Exemption).
28
29 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and 0
30 seasonal residential units are subject to Policy 101.3.5. 0
31
32 B. The amendment is consistent with the Principles for Guiding Development for the Florida
33 Keys Area, Section 380.0552(7), Florida Statutes. C
34
35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
36 principles for guiding development and any amendments to the principles, the principles shall be construed
37 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
38 (a) Strengthening local government capabilities for managing land use and development so that local 0
39 government is able to achieve these objectives without continuing the area of critical state concern
40 designation.
41 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
42 beds,wetlands, fish and wildlife, and their habitat.
43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
44 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
45 and their habitat. E
46 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
47 development.
48 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
49 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
50 and ensuring that development is compatible with the unique historic character of the Florida Keys.
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I (g) Protecting the historical heritage of the Florida Keys.
2 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
3 major public investments,including:
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection, treatment, and disposal facilities;
6 3. Solid waste treatment, collection, and disposal facilities; s�
7 4. Key West Naval Air Station and other military facilities; Q
8 5. Transportation facilities;
9 6. Federal parks,wildlife refuges, and marine sanctuaries;
10 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
11 8. City electric service and the Florida Keys Electric Co-op; and
12 9. Other utilities, as appropriate. a
13 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
14 and replacement of stormwater management facilities; central sewage collection; treatment and
15 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
16 treatment and disposal systems. X
17 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
18 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
19 as applicable, and by directing growth to areas served by central wastewater treatment facilities .2
20 through permit allocation systems.
21 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
22 Keys.
23 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. N
24 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
as
25 natural or manmade disaster and for a postdisaster reconstruction plan.
26 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
27 the Florida Keys as a unique Florida resource. 0
28 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with a
0
29 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
30
31 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute X
32 (F.S.). Specifically, the amendment furthers: c
33 a.
34 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserves
35 and enhance present advantages; encourage the most appropriate use of land, water, and 0
36 resources, consistent with the public interest; overcome present handicaps; and deal effectively
37 with future problems that may result from the use and development of land within their tt:
38 jurisdictions. Through the process of comprehensive planning, it is intended that units of local
39 government can preserve, promote, protect, and improve the public health, safety, comfort, U
40 good order, appearance, convenience, law enforcement and fire prevention, and general 0
41 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 00i
42 schools, parks, recreational facilities, housing, and other requirements and services; and
43 conserve, develop, utilize, and protect natural resources within their jurisdictions.
44
45 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
46 legal status set out in this act and that no public or private development shall be permitted E
47 except in conformity with comprehensive plans, or elements or portions thereof, prepared and 0
48 adopted in conformity with this act.
49
50 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
51 and strategies for the orderly and balanced future economic, social, physical, environmental,
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I and fiscal development of the area that reflects community commitments to implement the plan
2 and its elements. These principles and strategies shall guide future decisions in a consistent
3 manner and shall contain programs and activities to ensure comprehensive plans are
4 implemented. The sections of the comprehensive plan containing the principles and strategies,
5 generally provided as goals, objectives, and policies, shall describe how the local government's
6 programs, activities, and land development regulations will be initiated, modified, or continued N
7 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
8 require the inclusion of implementing regulations in the comprehensive plan but rather to
9 require identification of those programs, activities, and land development regulations that will 0-
10 be part of the strategy for implementing the comprehensive plan and the principles that
11 describe how the programs, activities, and land development regulations will be carried out.
12 The plan shall establish meaningful and predictable standards for the use and development of
13 land and provide meaningful guidelines for the content of more detailed land development and
14 use regulations.
15
16 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development
17 regulatory authority. It is the intent of this act that adopted comprehensive plans or elements
18 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local T
19 regulations on the development of lands and waters within an area. It is the intent of this act
20 that the adoption and enforcement by a governing body of regulations for the development of
21 land or the adoption and enforcement by a governing body of a land development code for an
22 area shall be based on, be related to, and be a means of implementation for an adopted
23 comprehensive plan as required by this act.
0
24 VI. PROCESS
25
26 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
27 Planning Commission, the Director of Planning, or the owner or other person having a
28 contractual interest in property to be affected by a proposed amendment. The Director of X
29 Planning shall review and process applications as they are received and pass them onto the 0
30 Development Review Committee and the Planning Commission.
31
32 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
33 review the application, the reports and recommendations of the Department of Planning &
34 Environmental Resources and the Development Review Committee and the testimony given at
35 the public hearing. The Planning Commission shall submit its recommendations and findings to
36 the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
�s
37 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
38 recommendation, and the testimony given at the public hearing. The BOCC may or may not
39 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
40 State Land Planning Agency, which then reviews the proposal and issues an Objections,
41 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
42 has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
43 amendment. E
44
45 VII. STAFF RECOMMENDATION
46
47 Staff recommends approval of the proposed amendment.
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2
3
4 V"
5 , „
6
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2019 Q
cv
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS TRANSMITTING TO THE STATE LAND
13 PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
14 BOARD OF COUNTY COMMISSIONERS AMENDING MONROE 0
15 COUNTY COMPREHENSIVE PLAN POLICY 101.3.2 TO EXTEND THE
16 TIME PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO)
17 THROUGH 2O26; PROVIDING FOR SEVERABILITY; PROVIDING FOR X
18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
20 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
21 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
22 EFFECTIVE DATE. (FILE #2019-043)
23 0
w
24
25 WHEREAS, the Monroe County Board of County Commissioners conducted a public
26 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review g
27 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 0
28 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
29 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County i
30 Year 2030 Comprehensive Plan as described above; and
31 E
U)
32 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
33 of County Commissioners support the requested text amendment;
34
35 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
37
38 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
39 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
40 for adoption of the proposed text amendment.
41
42 Section 2. The Board of County Commissioners does hereby transmit the proposed
43 amendment to the State Land Planning Agency for review and comment in
44 accordance with the State Coordinated Review process pursuant to Section
45 163.3184(4), Florida Statutes.
46
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47 Section 3. The Monroe County staff is given authority to prepare and submit the required
48 transmittal letter and supporting documents for the proposed amendment in
49 accordance with the requirements of Section 163.3184(4), Florida Statutes.
50
51 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
52 resolution to the Director of Planning.
53
54 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
55 Florida, at a regular meeting of the Board held on the day of , 2019. Q
56
57 Mayor Sylvia Murphy
58 Mayor Pro Tem Danny L. Kolhage
59 Commissioner Heather Carruthers 0
60 Commissioner Michelle Coldiron 0
61 Commissioner David Rice
62
63 BOARD OF COUNTY COMMISSIONERS x
64 OF MONROE COUNTY, FLORIDA
65
66 BY
67 MAYOR SYLVIA MURPHY
68 (SEAL)
69 w
7o ATTEST: KEVIN MADOK, CLERK 0
71
72 DEPUTY CLERK
0
U)
i
U)
cv
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Exhibit A to Transmittal Resolution
r
r
2
3
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6 ;�, 04
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2019
10 0
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 0
12 COMMISSIONERS AMENDING MONROE COUNTY
13 COMPREHENSIVE PLAN POLICY 101.3.2 TO EXTEND THE TIME
14 PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO) X
15 THROUGH 2O26; PROVIDING FOR SEVERABILITY; PROVIDING FOR
16 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
17 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
24
18 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
19 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
20 EFFECTIVE DATE. (FILE #2019-043).
21
22
23 0i
24 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66,
25 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
26 protect the health, safety, and welfare of the County's citizens; and
27
28 WHEREAS, Section 380.0552(9)(a)2., F.S., requires goals, objectives, and policies to U)
29 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane i
30 evacuation clearance time for permanent residents of no more than 24 hours and that the
31 hurricane evacuation clearance time be determined by a hurricane evacuation study conducted in E
32 accordance with a professionally accepted methodology and approved by the state land planning
33 agency; and i
34i
35 WHEREAS, the adopted Comprehensive Plan has an existing policy that provides for
36 the distribution of allocations under the Rate of Growth Ordinance (ROGO) through 2023 with a W
37 provision to re-evaluate the ROGO allocation distribution schedule, if substantial financial V
38 support is provided by July 12, 2018 for land acquisition to retire development rights; and
39
40 WHEREAS, with the passage of the Florida Keys Environmental Stewardship Act and
41 coordination with the Florida Department of Environmental Protection, the state has expended as
E
42 approximately $2,828,852 and retired 65.99 TDRs for the period between July 1, 2016 and July 0
43 26, 2019; and
44
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Exhibit A to Transmittal Resolution
1 WHEREAS, it is an appropriate time for the County to consider extending ROGO
2 beyond 2023, in preparation of the updated evacuation model runs using updated data and
3 analysis, including information from the 2020 Census; and
4
5 WHEREAS, on April 3, 2019, a community meeting was held, as required by LDC
6 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to CD
7 provide for public participation; and
8
0
9 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee
10 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and 0
11 0
12 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
13 Comprehensive Plan, to amend Policy 101.3.2 to extend the time period of the Rate of Growth
14 Ordinance (ROGO)through 2026; and X
15
16 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
17 2019, for review and recommendation on the proposed amendment; and .2
18
19 WHEREAS, the Planning Commission was presented with the following documents and W
20 other information relevant to the request, which by reference is hereby incorporated as part of the
21 record of said hearing:
22 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
23 July 12, 2019; 0i
24 2. Sworn testimony of Monroe County Planning& Environmental Resources
25 Department staff, and
26 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
27 Planning Commission Counsel; and
28 U)
s
29 WHEREAS, based upon the information and documentation submitted, the Planning i
30 Commission made the following Findings of Fact and Conclusions of Law:
31 E
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and i
34 2. The proposed amendment is consistent with the Principles for Guiding Development
0
35 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
36 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; W
37 and
38
39 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P32-19
40 recommending approval of the proposed amendment; and
41 E
42 WHEREAS, at a regular meeting held on September 18, 2019, the Monroe County
43 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
44 text amendment, considered the staff report and provided for public comment and public
45 participation in accordance with the requirements of state law and the procedures adopted for
46 public participation in the planning process; and
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Exhibit A to Transmittal Resolution
1
2 WHEREAS, at the September 18, 2019„ public hearing, the BOCC adopted Resolution
3 -201 , transmittal of the proposed text amendment to the State Land
4 Planning Agency; and
5
6 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an CD
7 Objections, Recommendations and Comments (ORC) report, received by the County on
8 ; and
9
10 WHEREAS, the ORC report ; and
11 0
12 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
13 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
14 X
15 WHEREAS, at a regularly scheduled meeting on the day of , 20 , the BOCC
16 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
17 .2
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20
21 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
22 amended as follows (Deletions are shown stricken through; additions are shown
23 underlined): 0i
24
25 Policy 101.3.2 i
26 The number of permits issued for residential dwelling units under the Rate of Growth
27 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
28 2013 through July 12, 242-3-2026, plus any available unused ROGO allocations from a U)
29 previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. i
30 Market rate allocations shall not to exceed 126 residential units per year. Unused
31 allocations for market rate shall be available for Administrative Relief. E
U)
32
33 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity 0i
34 completed the hurricane evacuation clearance time modeling task and found that with 10
35 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
36 clearance time. This creates challenges for State of Florida and Monroe County as there are W
M
37 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier I11-A (SPA); V
38 3,301 Tier III, and 235 No Tier (ORCA, etc.)] and with 1,970 new allocations this may
39 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in 04
40 the future.
41 E
42 In recognition of the possibility that the inventory of vacant parcels exceeds the total
43 number of allocations which the State will allow the County to award, the County will
44 consider adopting an extended timeframe for distribution of the ROGO allocations through
45 2033 with committed financial support from its State and Federal partners. This timeframe
46 can provide a safety net to the County and provide additional time to implement land
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Exhibit A to Transmittal Resolution
1 acquisition and other strategies to reduce the demand for ROGO allocations and help
2 transition land into public ownership.
3
4 The County is actively engaged in acquisitions and is requesting its State and Federal
5 partners for assistance with implementing land acquisitions in Monroe County. The County
6 will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If CD
7 substantial financial support is provided by July 12, 2018, the County will reevaluate the
CD
8 ROGO distribution allocation schedule and consider an extended timeframe for the �
9 distribution of market rate allocations (through a comprehensive plan amendment). Further,
10 the State and County shall develop a mutually agreeable position defending inverse 0
11 condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, 0
12 with the State having an active role both directly and financially in the defense of such
13 cases.
as
14 X
15 The County shall distribute ROGO allocations by ROGO year, as provided in the table
16 below.
17 0
Annual Allocation 5
ROGO Year Market rate Affordable
July 13, 2013- July 12, 2014 126 71
July 13, 2014- July 12, 2015 126 71 0
i
July 13, 2015- July 12, 2016 126
July 13, 2016- July 12, 2017 126 2�
July 13, 2017- July 12, 2018 126
0
0
July 13, 2018- July 12, 2019 126 (D
i
July 13, 2019- July 12, 2020 126
E
July 13, 2020- July 12, 2021 4,16 64 568 total AFH (total
July 13, 2021- July 12, 2022 42664 available immediately) 0i
i
July 13, 2022- July 12, 2023 42664
X
July 13, 2023- July 12, 2024 62
July 13, 2024- July 12,
62
2025 04
July 13, 2025- July 12, 2026 62
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit (ITP) ending in 2023.
18
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Exhibit A to Transmittal Resolution
1 The State of Florida, pursuant to Administration Commission Rules, may modify the
2 annual allocation rate. Monroe County will request a Rule change from the Administration
3 Commission to authorize the above allocation timeframe and rate.
4
5
6 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or CD
7 provision of this ordinance is held invalid, the remainder of this ordinance shall
8 not be affected by such validity.
9
10 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
11 conflict with this ordinance are hereby repealed to the extent of said conflict. 0
12
13 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
14 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida X
15 Statutes.
16
17 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the g
18 Secretary of the State of Florida but shall not become effective until a notice is
19 issued by the State Land Planning Agency or Administration Commission finding
20 the amendment in compliance with Chapters 163 and 380, Florida Statutes and
21 after any applicable challenges have been resolved.
22
23 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be i
24 incorporated in the Monroe County 2030 Comprehensive Plan. The numbering of
25 the foregoing amendment may be renumbered to conform to the numbering in the
26 Monroe County Comprehensive Plan. 0
27
28 Mayor Sylvia Murphy U)
29 Mayor Pro Tem Danny L. Kolhage i
30 Commissioner Heather Carruthers
31 Commissioner Michelle Coldiron E
32 Commissioner David Rice
33i
34 BOARD OF COUNTY COMMISSIONERSi
35 OF MONROE COUNTY, FLORIDA
36 w
37 BY
38 MAYOR SYLVIA MURPHY
39 (SEAL)
40
41 ATTEST: KEVIN MADOK, CLERK
42
43
44 DEPUTY CLERK
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