Loading...
Item O10 0.10 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: 0.10 Agenda Item Summary #6328 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider 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 beginning July 13, 2013 through July 12, 2026, and maintain the total 1,970 allocations provided following the evacuation model that was run in 2012, as follows: Packet Pg. 2716 0,10 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 126 568 total AFH(total available July 13, 2020-July 12, 2021 �64 immediately) July 13, 2021-July 12, 2022 4-24 64 July 13, 2022-July 12, 2023 4-24 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. On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider the transmittal of the proposed text amendment, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adoption for public participation in the planning process. The BOCC adopted Resolution 259-2019 transmitting the proposed amendment to the State Land Planning Agency (DEO) for review and comment. Following their review of the proposed amendment, DEO issued an Objections, Recommendations and Comments (ORC) report on December 10, 2019 (attached). The ORC report did not identify any objections, recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment. Packet Pg. 2717 0.10 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: 2019-043 BOCC SR 01.22.20 2019-043_Ordinance Resolution 259-2019 2019-043 MONROE COUNTY 19-07ACSC (ORC) 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: Emily Schemper Completed 12/23/2019 11:57 AM Assistant County Administrator Christine Hurley Completed 01/03/2020 2:14 PM Steve Williams Completed 01/06/2020 8:40 AM Maureen Proffitt Completed 01/06/2020 9:47 AM Budget and Finance Completed 01/06/2020 5:02 PM Maria Slavik Completed 01/07/2020 7:34 AM Kathy Peters Completed 01/07/2020 1:32 PM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2718 M 0.10.a 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 7 To: Monroe County Board of County Commissioners 8 9 Through: Emily Schemper, AICP, CFM, Acting Sr. Director of Planning and Environmental 10 Resources X 11 10 CL 12 From: Cheryl Cioffari, AICP, Assistant Director of Planning U 13 14 Date: January 7, 2020 CD 15 16 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy 17 101.3.2 of the 2030 Monroe County Comprehensive Plan to extend the time period of 18 the Rate of Growth Ordinance (ROGO) through 2026. (File 42019-043) 0 19 0 0 20 Meeting: January 22, 2020 21 as 22 I. REQUEST 23 24 The Monroe County Planning & Environmental Resources Department is proposing amendments 25 to the 2030 Comprehensive Plan, as directed by the BOCC on January 30, 2019, to amend Policy .2 26 101.3.2 to extend the time period of the Rate of Growth Ordinance(ROGO) through 2026. 27 28 II. BACKGROUND INFORMATION 29 30 Monroe County's current adopted Comprehensive Plan has an existing policy that provides 31 distribution of allocations for the Rate of Growth Ordinance (ROGO) through 2023. The annual �� 32 allocations are distributed among the upper and lower Keys. Furthermore, Policy 101.3.2 (see co 33 below), requires re-evaluation of the ROGO allocation distribution schedule, if substantial U 34 financial support is provided by July 12, 2018 for land acquisition to retire development rights. 35 36 Policy 101.3.2 37 "The number of permits issued for residential dwelling units under the Rate of Growth 38 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, C4 39 2013 through July 12, 2023, plus any available unused ROGO allocations from a a 40 previous ROGO year. A ROGO year means the twelve-month period beginning on July 41 13. Market rate allocations shall not to exceed 126 residential units per year. Unused 42 allocations for market rate shall be available for Administrative Relief. 43 44 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity 45 completed the hurricane evacuation clearance time modeling task and found that with 10 46 years' worth of building permits, the Florida Keys would be at a 24-hour evacuation 47 clearance time. This creates challenges for State of Florida and Monroe County as there 48 were 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A 49 (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] but only 1,970 ROGO allocations to BOCC SR 1.22.20 Page I of 12 File 2019-043 Packet Pg. 2719 0.10.a I distribute between 2013 and 2023. This deficit of ROGO allocations could result in a 2 balance of approximately 6,198 privately held vacant parcels at risk of not obtaining 3 permits once the 1,970 ROGO allocations are exhausted. In recognition of the possibility 4 that the inventory of vacant parcels exceeds the total number of allocations which the 5 State will allow the County to award, the County will consider adopting an extended 6 timeframe for distribution of the ROGO allocations through 2033 with committed 7 financial support from its State and Federal partners. This timeframe can provide a safety 8 net to the County and provide additional time to implement land acquisition and other 9 strategies to reduce the demand for ROGO allocations and help transition land into public 10 ownership. X 11 12 The County is actively engaged in acquisitions and is requesting its State and Federal 13 partners for assistance with implementing land acquisitions in Monroe County. The 14 County will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If 15 substantial financial support is provided by July 12, 2018, the County will reevaluate the 16 ROGO distribution allocation schedule and consider an extended timeframe for the 17 distribution of market rate allocations (through a comprehensive plan amendment). 18 Further, the State and County shall develop a mutually agreeable position defending 0 19 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act 0 20 cases, with the State having an active role both directly and financially in the defense of 21 such cases. a� 22 23 The County shall distribute ROGO allocations by ROGO year, as provided in the table below. 24 ROGO Year Annual Allocation g aU) a� Market Rate Affordable Housing July 13, 2013-July 12, 2014 126 71 ri N ry July 13, 2014-July 12, 2015 126 71 i Ir- July 13, 2015-July 12, 2016 126 i July 13, 2016-July 12, 2017 126 July 13, 2017-July 12, 2018 126 568 total AFH July 13, 2018-July 12, 2019 126 (total available immediately) July 13, 2019-July 12, 2020 126 cv July 13, 2020-July 12, 2021 126 0 July 13, 2021-July 12, 2022 126 July 13, 2022-July 12, 2023 126 TOTAL 1,260 710* *(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea) 25 BOCC SR 1.22.20 Page 2 of 12 File 2019-043 Packet Pg. 2720 0.10.a I The State of Florida, pursuant to Administration Commission Rules, may modify the annual 2 allocation rate. Monroe County will request a Rule change from the Administration 3 Commission to authorize the above allocation timeframe and rate." 4 5 The Florida Legislature and the Administration Commission have mandated that local 6 governments (except the City of Key West) include measures to protect public safety and welfare 7 in the event of a hurricane by maintaining an evacuation clearance time for permanent residents 8 of no more than 24 hours in their respective Comprehensive Plans. Florida Administrative Code 9 Rule 28-36.003(2)(a)7 requires the City of Key West to prepare and adopt an evacuation plan 10 that is consistent with the regional and County plans. X 11 � 12 The Florida Legislature mandated that the hurricane evacuation time for the Florida Keys Area of 13 Critical State Concern (ACSC) be determined by a state approved hurricane evacuation study. 14 The Division of Emergency Management ("the Division") produced an evacuation study titled 15 "Statewide Regional Evacuation Studies Program" dated November 2010, augmented with other 16 professional data and analysis, to determine input variables and assumptions to determine 17 clearance times. For the first time since the hurricane modeling began, after the growth 18 limitations were added to the comprehensive plan, the model demonstrated that the award of 19 allocations through the year 2023 by DEO would place the County, including municipalities at 0 20 the maximum 24 hour limit evacuation. This indicated the county was at maximum buildout and 21 additional allocations would not be forthcoming, unless other changes are made such as 22 transportation/evacuation improvements, etc. X w 23 24 In 2012, the County entered into a Memorandum of Understanding (MOU) with the Department 25 of Economic Opportunity (DEO), the Division, Marathon, Islamorada, Key West, Key Colony U) 26 Beach and Layton. The MOU provided the distribution of allocations among the local `5 27 governments based upon a vacant land analysis. Based on the MOU, the County began receiving 28 197 ROGO allocations annually, for a total of 1,970 ROGO allocations over a 10-year period. 29 Following the MOU, the County updated its Comprehensive Plan and adopted Objectives 101.2ri 30 and 101.3, and the Policies therein. The existing model indicates the current ROGO allocations 31 available to maintain evacuation at the 24-hour mark will be exhausted in 2023. 32 33 DEO will run an evacuation model after the completion of the 2020 Census, using updated data 34 and analysis. Staff anticipates this process may take two to three years, and will require a new coi 35 MOU with the previously included parties. This will be the earliest point in time that the County M 36 will be able to evaluate the results based on any changes experienced in the inputs and 37 assumptions utilized. 38 39 Community Meeting and Public Participation 40 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive 41 Plan and Land Development Code text amendments was held on April 3, 2019 in Marathon and 42 provided for public input. There were no members of the public in attendance. 43 44 Development Review Committee and Public Input 45 At a regular meeting held on May 28, 2019, the Development Review Committee (DRC) 46 considered the proposed Comprehensive Plan text amendment and corresponding Land 47 Development text amendment, and provided for public comment. 48 49 BOCC SR 1.22.20 Page 3 of 12 File 2019-043 Packet Pg. 2721 0.10.a 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 6 Previous Relevant BOCC Action 7 At a special meeting on January 30, 2019, the BOCC directed staff to amend the Monroe 8 County Comprehensive Plan and Land Development Code to extend the time period of the Rate 9 of Growth Ordinance (ROGO) through 2026. 10 X 11 On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to 10 12 consider the transmittal of the proposed text amendment, considered the staff report, and 13 provided for public comment and public participation in accordance with the requirements of 14 state law and the procedures adoption for public participation in the planning process. The BOCC 15 adopted Resolution 259-2019 transmitting the proposed amendment to the State Land Planning 16 Agency (DEO) for review and comment. 17 18 Following their review of the proposed amendment, DEO issued an Objections 19 Recommendations and Comments (ORC) report on December 10, 2019 (attached). The ORC 0 20 report did not identify any objections, recommendations or comments. The County has 180 days 21 from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment 22 with changes or not adopt the amendment. X 23 24 25 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 26 > 27 Proposed Amendment(deletions are stti ke ft„-e mot,; additions are shown in underlined). 28 29 ***** i 30 Policy 101.3.2 31 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance 32 shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July �s 33 12, �3-2026, plus any available unused ROGO allocations from a previous ROGO year. A 34 ROGO year means the twelve-month period beginning on July 13. Market rate allocations shall coi 35 not to exceed 126 residential units per year. Unused allocations for market rate shall be available 36 for Administrative Relief. 37 N 38 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity 39 completed the hurricane evacuation clearance time modeling task and found that with 10 years' 40 worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time. 41 This creates challenges for State of Florida and Monroe County as there are 8,168 privately 42 owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No 43 Tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately 44 held vacant parcels at risk of not obtaining permits in the future. 45 46 In recognition of the possibility that the inventory of vacant parcels exceeds the total number of 47 allocations which the State will allow the County to award, the County will consider adopting an 48 extended timeframe for distribution of the ROGO allocations through 2033 with committed 49 financial support from its State and Federal partners. This timeframe can provide a safety net to BOCC SR 1.22.20 Page 4 of 12 File 2019-043 Packet Pg. 2722 0.10.a I the County and provide additional time to implement land acquisition and other strategies to 2 reduce the demand for ROGO allocations and help transition land into public ownership. 3 4 The County is actively engaged in acquisitions and is requesting its State and Federal partners for 5 assistance with implementing land acquisitions in Monroe County. The County will allocate the 6 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is 7 provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule 8 and consider an extended timeframe for the distribution of market rate allocations (through a 9 comprehensive plan amendment). Further, the State and County shall develop a mutually 10 agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property X 11 Rights Protection Act cases, with the State having an active role both directly and financially in 12 the defense of such cases. 13 14 The County shall distribute ROGO allocations by ROGO year, as provided in the table below. 15 Annual Allocation 0 ROGO Year Market rate Affordable July 13, 2013- July 12, 2014 126 71 July 13, 2014- July 12, 2015 126 71 x July 13, 2015- July 12, 2016 126 July 13, 2016- July 12, 2017 126 July 13, 2017- July 12, 2018 126 T as July 13, 2018- July 12, 2019 126 cv July 13, 2019- July 12, 2020 126 C14 568 total AFH (total available July 13, 2020- July 12, 2021 4-216 64 CDi immediately) July 13, 2021- July 12, 2022 4,26 64 July 13, 2022- July 12, 2023 42664 0 CO July 13, 2023- July 12, 2024 62 M� Iq July 13, 2024- July 12, 2025 62 CD 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. 16 17 The State of Florida, pursuant to Administration Commission Rules, may modify the annual 18 allocation rate. Monroe County will request a Rule change from the Administration Commission 19 to authorize the above allocation timeframe and rate. 20 ***** 21 BOCC SR 1.22.20 Page 5 of 12 File 2019-043 Packet Pg. 2723 0.10.a I IV. ANALYSIS OF PROPOSED AMENDMENT 2 3 For a number of years prior to 2016, County staff had frequent meetings with the State of Florida 4 requesting that DEP reinitiate land acquisition in Florida Keys Florida Forever project areas. In 5 addition to the staff outreach, Representative Holly Raschein and the legislature passed the 6 Florida Keys Environmental Stewardship Act in 2016 codifying the State's recognition of the 7 importance of land acquisition as a critical need and secured Florida Forever funds for state land 8 acquisitions in the Florida Keys. For the period between July 1, 2016 and April 25, 2019, the 9 state has purchased 135 parcels, at an aproximate cost of $2,808,220 and retired 61.49 10 TDRs. The State of Florida designated $5 Million toward land acquisition in Florida Forever in X 11 the 2018 legislative session. a 12 �s 13 The following graph shows the amount encumbered or spent on acquisitions and the TDRs 14 retired from July 1, 2016 through April 25, 2019. 15 T � 1PRIl1201 Land tuiuu renTN Fundlng 'C'yYaun wl &I ani /Y�'vd^r,nY,"7/U 0 I,IWO,(1011 0 SPM,mmu74a�'rcw SP6,M0�0R0,10 GS "i'bPoANi14iM.ifPt7il'4 X �.ne„ruasow„rM'no',o RJTUIRE APPVCATION d.nm,,ru110,000 JI J "st—dshipa ON .� h'a5„aV7Fill„rtatk4Y � 1,0114,1100 �k�aad aPw''e� C'el l IV0.11,INui14 IYM II J%IfItlAC I: Utll h'.1ktl uPo8'2 4EMA Y.A4 Dl �I inM au�neµ N¢ 1P oalcwniun-y uali�^il 9sl al, uuuPrb:nt aaoumma 4i'Par(fi 1,lrxsnL II dvO R*u+M1,a RPN'C PC Ir4 e5 tlw uda 911—,a dIho,p AhW If An4Pae Pea.. Wo.r1IINri W�PM 11. M�2m dua ha'Pw waP 9u'd 7 yp a.¢a+in F r>y,m q� IA J4wsw'r,mAWa LY.lutii['.n'_� $e,7,';P,',*'P!Y TtlG&M X,IW 'S9,y l,r,Mryb %*7 0.„na Y7 M9p Yso Vdl UwV If,t4lurreP»a. M tiJvw"y mmA rxe�rvem stm 00 7Lbp raefvmmelwP ss 'Y7,rcl;"f„ryT VGbb rxx,red PSII AM p�pqq 4 vM^p roam�rc '^L Tb61 raelvne any 6J Yoo,-v fMa rdsrcrMk'uku I,d N,SMCf 'ju M,Ai•Lu,k P'k LMYtl1A010Pn tm RJ '$d 006,220 uYF IIDm,urr.r4r Etmwpwalliuroro I116Y S MINI CIO C1Mr.oumaM;a�rc..o5 ru xiw?,I„ ,M,'v ,eMYrsa.'M>U3 ..................... ...................... ..................... I TOTALS........ 561D7U,W0 '161V,I5S,- ......53 293,2�48.. ."y19A99,099 ....$.5.�6CXCI��0N.... TOTAL TDR RETIRED 2.2'934 16 NOTE The IPFP—1,sh—, rca fi—ati,-.by DEP D—P,I g ,srxacs r4tiafly iirvcour d by 10CC thax,II wuIt rm,t,IV to re,b,i...d hy,DEP are Il.,tix+.d-DGP-- 17 cy 18 The following graph shows the amount encumbered or spent on acquisitions and the TDRs 19 retired from July 1, 2016 through July 26, 2019. For the period between July 1, 2016 and July 26, E 20 2019, the state has expended approximately $2,828,852 and retired 65.99 TDRs. 21 sOCC SR 1.22.20 Page 6 of 12 File 2019-043 Packet Pg. 2724 0.10.a July2019 Land Acquisition and Funding, i 1 Avalillable and Potential Balances s From 7/1J16*to 7/26119 $20,000,000.go $18,000,000.Do $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000000 Do a FUTURE APPLICATION $8,000,000.go $6,000,000.00 $'4,000,000.go *st— d'hip RM ld F'nsse<d 711116 $2,000,000.aa qy $0.a6 Mam—Caanl'y MCLA R0G0 HUD/DEOC.DBG- FEMA/0EM- Muraarae0iountty Reserve Fan'I Tot.]C—ty IDEF HIooida Keys 304/316 Fund Vaud Aat[1aaYund jC—p Plan Funding Ste—d,hip Ad ENVst 'y Hasa ar M,.BaaYli Keys ACBC Fund 1017.2) R'eca<rerty Gant vraga...m IIIWAvsailablc Bala.— $1,938,162 $428,407 '$3,293,248 $5,659,817' IIIIIII Encuinh000d oar Spent $13,901,075 Conservatinr,& 0 D-,ity R'eduuniisra $1,405,130 $6,097,253 $2,828,852 LTF DonSfty Redod- $2,086,721 0 Affardalhle Housing $569,987 $3,741,994 IIIII Potential Funding $10,000,0a0 $10,a00,000 ii T1lRs Retired by Fund 42.00 143.64 185.64 65.99 IIIIIUTuttal TDRs Relived(alll tumds) 251.63 1 NCTB The D,EP costs shovar are subject to c©nni-mation by DEP.roue Diligence costt,initially incurred by BOCC that will ulHmateBy be r_imbursed by DIP are listed as DEP costs. X 2 v 3 These acquisitions help to further progress on Policy 101.3. 2 of the Comprehensive Plan 4 adopted April 13, 2016. Therefore, it is an appropriate time for the County to consider extending .2 5 ROGO beyond 2023. 6 7 The proposed amendment would provide the County additional time to distribute ROGO ri 8 allocations during the time period that the new evacuation model is run using updated data and ri 9 analysis, including information from the 2020 Census. Staff anticipates this process may take �I 10 two to three years, and will require a new MOU with the previously included parties. This will be �s 11 the earliest point in time that the County will be able to evaluate the results based on any changes �sl 12 experienced in the inputs and assumptions utilized. Extending ROGO through 2026 provides the 0 13 County with time to complete such an analysis. CIO 14 15 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 16 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. C14 17 18 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the E 19 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 20 21 GOAL 101 22 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of 23 County residents and visitors, and protect valuable natural resources. 24 25 Objective 101.1 26 Monroe County shall ensure that all development and redevelopment taking place within its 27 boundaries does not result in a reduction of the level-of-service requirements established and BOCC SR 1.22.20 Page 7 of 12 File 2019-043 Packet Pg. 2725 0.10.a I adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive 2 plan amendments include an analysis of the availability of facilities and services or demonstrate 3 that the adopted levels of service can be reasonably met. 4 5 Objective 101.2 6 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, 7 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a 8 maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State 9 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been 10 adopted between the County and all the municipalities and the State agencies. X 11 � 12 Policy 101.2.1 13 Monroe County shall maintain a memorandum of understanding with the State Land Planning 14 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony 15 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input 16 variables and assumptions, including regional considerations, for utilizing the Florida Division of 17 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME") 18 Model to accurately depict evacuation clearance times for the population of the Florida Keys. 19 0 20 Policy 101.2.2 21 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and 22 Division of Emergency Management to update the variables and assumptions for the evacuation X 23 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of 24 Critical State Concern based upon the release of the decennial Census data. Pursuant to the 2012 25 completed hurricane evacuation clearance time modeling by the State Land Planning Agency, 2 .T 26 which incorporates the 2010 Census data, the County may allocate 10 years' worth of growth 27 (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through 28 the year 2023, while maintaining an evacuation clearance time of 24 hours. The County will 29 adopt a slower rate of annual allocations for market rate development to extend the allocationri 30 timeframe to 2033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). TheIr- 31 County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for W� 32 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation 33 modeling by the State Land Planning Agency and Division of Emergency Management; and 3) a 34 new or revised memorandum of understanding with the State Land Planning Agency, Division of coi 35 Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton (see M 36 Policy 101.2.1). 37 38 Policy 101.2.3 39 The County will consider capital improvements based upon the need for improved hurricane a 40 evacuation clearance times. The County will coordinate with the FDOT, the state agency which 41 maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized. 42 43 Policy 101.2.4 44 In the event of a pending major hurricane (Category 35) Monroe County shall implement the 45 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour 46 hurricane evacuation clearance time for the resident population. 47 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of 48 non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels 49 (transient and non-transient), and military personnel from the Florida Keys shall be BOCC SR 1.22.20 Page 8 of 12 File 2019-043 Packet Pg. 2726 0.10.a I initiated. State parks and campgrounds should be closed at this time or sooner and entry 2 into the Florida Keys by non-residents should be strictly limited. 3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of 4 mobile home residents, special needs residents, and hospital and nursing home patients 5 from the Keys shall be initiated. 6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased 7 evacuation of permanent residents by evacuation zone (described below) shall be 8 initiated. Existing evacuation zones are as follows: 9 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6) 10 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) X 11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) 12 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 13 63-106.5 and MM 1-9.5 of CR 905) 14 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5) 15 16 The actual sequence of the evacuation by zones will vary depending on the individual storm. The 17 concepts embodied in this staged evacuation procedures should be embodied in the appropriate 18 County operational Emergency Management Plans. 19 0 20 The evacuation plan shall be monitored and updated on an annual basis to reflect increases, 21 decreases and or shifts in population;particularly the resident and non-resident populations. 22 w 23 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of 24 allocations to more than 197 residential units a year, except for affordable housing. Any increase 25 in the number of allocations shall be for affordable housing. T 26 > 27 Objective 101.3 28 Monroe County shall regulate new residential development based upon the finite carrying 29 capacity of the natural and man-made systems and the growth capacity while maintaining ari 30 maximum hurricane evacuation clearance time of 24 hours. 31 32 Policy 101.3.1 33 Monroe County shall maintain a Permit Allocation System for new residential development 34 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation coi 35 System shall limit the number of permits issued for new residential dwelling units The ROGO M 36 allocation system shall apply within the unincorporated area of the county, excluding areas 37 within the county mainland and within the Ocean Reef planned development (Future 38 development in the Ocean Reef planned development is based upon the December 2010 Ocean 39 Reef Club Vested Development Rights Letter recognized and issued by the Department of a 40 Community Affairs). New residential dwelling units included in the ROGO allocation system 41 include the following: affordable housing units; market rate dwelling units; mobile homes; and 42 institutional residential units (except hospital rooms). 43 44 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct 45 location, and therefore cannot be accounted for in the County's hurricane evacuation model. 46 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be 47 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet 48 slips are not considered ROGO allocation awards, and may not be used as the basis for any type 49 of ROGO exemption or THE(Transfer of ROGO Exemption). BOCC SR 1.22.20 Page 9 of 12 File 2019-043 Packet Pg. 2727 0.10.a 1 2 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and 3 seasonal residential units are subject to Policy 101.3.5. 4 5 B. The amendment is consistent with the Principles for Guiding Development for the Florida 6 Keys Area, Section 380.0552(7), Florida Statutes. 7 8 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 9 principles for guiding development and any amendments to the principles, the principles shall be construed 10 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 11 (a) Strengthening local government capabilities for managing land use and development so that local 0 12 government is able to achieve these objectives without continuing the area of critical state concern IL 13 designation. 14 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 15 beds,wetlands, fish and wildlife, and their habitat. 16 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 17 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, 0 18 and their habitat. 19 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 20 development. a 21 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 22 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 23 and ensuring that development is compatible with the unique historic character of the Florida Keys. 24 (g) Protecting the historical heritage of the Florida Keys. 25 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 26 major public investments,including: r_ 27 1. The Florida Keys Aqueduct and water supply facilities; `c 2 28 2. Sewage collection, treatment, and disposal facilities; 29 3. Solid waste treatment, collection, and disposal facilities; 30 4. Key West Naval Air Station and other military facilities; cw 31 5. Transportation facilities; N 32 6. Federal parks,wildlife refuges, and marine sanctuaries; 33 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 34 8. City electric service and the Florida Keys Electric Co-op; and i 35 9. Other utilities, as appropriate. 36 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, 37 and replacement of stormwater management facilities; central sewage collection; treatment and i 38 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 39 treatment and disposal systems. 40 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 41 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 42 as applicable, and by directing growth to areas served by central wastewater treatment facilities 43 through permit allocation systems. 44 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 45 Keys. 46 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 47 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 48 natural or manmade disaster and for a postdisaster reconstruction plan. 49 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 50 the Florida Keys as a unique Florida resource. 51 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with 52 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. BOCC SR 1.22.20 Page 10 of 12 File 2019-043 Packet Pg. 2728 0.10.a 1 2 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 3 (F.S.). Specifically, the amendment furthers: 4 5 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve 6 and enhance present advantages; encourage the most appropriate use of land, water, and 7 resources, consistent with the public interest; overcome present handicaps; and deal effectively 8 with future problems that may result from the use and development of land within their 9 jurisdictions. Through the process of comprehensive planning, it is intended that units of local 10 government can preserve, promote, protect, and improve the public health, safety, comfort, X 11 good order, appearance, convenience, law enforcement and fire prevention, and general 12 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 13 schools, parks, recreational facilities, housing, and other requirements and services; and 14 conserve, develop, utilize, and protect natural resources within their jurisdictions. 15 16 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 17 legal status set out in this act and that no public or private development shall be permitted 18 except in conformity with comprehensive plans, or elements or portions thereof, prepared and 19 adopted in conformity with this act. 0 20 21 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 22 and strategies for the orderly and balanced future economic, social, physical, environmental, X 23 and fiscal development of the area that reflects community commitments to implement the plan 24 and its elements. These principles and strategies shall guide future decisions in a consistent 25 manner and shall contain programs and activities to ensure comprehensive plans are 2 .T 26 implemented. The sections of the comprehensive plan containing the principles and strategies, 27 generally provided as goals, objectives, and policies, shall describe how the local government's 28 programs, activities, and land development regulations will be initiated, modified, or continued 29 to implement the comprehensive plan in a consistent manner. It is not the intent of this part tori 30 require the inclusion of implementing regulations in the comprehensive plan but rather to � 31 require identification of those programs, activities, and land development regulations that will W� 32 be part of the strategy for implementing the comprehensive plan and the principles that 33 describe how the programs, activities, and land development regulations will be carried out. 34 The plan shall establish meaningful and predictable standards for the use and development of CO 35 land and provide meaningful guidelines for the content of more detailed land development and M 36 use regulations. 37 38 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development 39 regulatory authority. It is the intent of this act that adopted comprehensive plans or elements a 40 thereof shall be implemented, in part, by the adoption and enforcement of appropriate local 41 regulations on the development of lands and waters within an area. It is the intent of this act 42 that the adoption and enforcement by a governing body of regulations for the development of 43 land or the adoption and enforcement by a governing body of a land development code for an 44 area shall be based on, be related to, and be a means of implementation for an adopted 45 comprehensive plan as required by this act. 46 47 48 sOCC SR 1.22.20 Page 11 of 12 File 2019-043 Packet Pg. 2729 0.10.a I VI. PROCESS 2 3 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 4 Planning Commission, the Director of Planning, or the owner or other person having a 5 contractual interest in property to be affected by a proposed amendment. The Director of 6 Planning shall review and process applications as they are received and pass them onto the 7 Development Review Committee and the Planning Commission. 8 9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 10 review the application, the reports and recommendations of the Department of Planning & x 11 Environmental Resources and the Development Review Committee and the testimony given at 12 the public hearing. The Planning Commission shall submit its recommendations and findings to 13 the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 14 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 15 recommendation, and the testimony given at the public hearing. The BOCC may or may not 16 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to 0 17 State Land Planning Agency, which then reviews the proposal and issues an Objections, 18 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County 0 19 has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 0 20 amendment. 21 22 VIL STAFF RECOMMENDATION 23 24 Staff recommends approval of the proposed amendment. c T a� cv N cv i �s i �s i cv BOCC SR 1.22.20 Page 12 of 12 File 2019-043 Packet Pg. 2730 0.10.b 1 � 9. 3 4 5 6 7 MO CAE COUNTY, FLORIDA MO CIE COUNTY D OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2020 10 11 AN ORDINANCE BY THE MONROE COUNTY TY OARD OF COUNTY 12 COMMISSIONERSAMENDING CAN CAE COUNTY TY 13 COMPREHENSIVE PLAN POLICY 1 1. .2 TO EXTEND THE TIME 0 14 PERIOD OF THE RATE OF GROWTH ORDINANCE A:1 C:E(IIOGOl )THROUGH (L 15 202 ; PROVIDING FOR E A ILIT ; PROVIDING FOR REPEAL OF 16 CONFLICTING G PROVISIONS; O IDI G FOR TRANSMITTAL SI ITT.AL TO 17 THE STATE LAND PLANNING AGENCY Y AND THE SECRETARY 18 STATE, PROVIDING FOR INCLUSION IN THE MONROE COUNTY Tcm 19 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE TI" E DATE. 2 21 22 23 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, 1~lorida 24 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 25 health, safety, a:nd welfare of the C:ounty's citizens; and 6 27 WHEREAS, Section 3 0.0552(9)(a)2,, laws., requires goals, objectives, and policies to 28 protect public :safety and welfare in the event of a natural disaster by maintaining a hurricane 29 evacuation clearance time for permanent residents of no more than 24 hours and that the hurricane 0i 30 evacuation clearance time be detern-iined by a hurricane evacuation study conducted in accordance 31 with a professionally accepted methodology and approved by the state land planning agency; and 32 cv 33 WHEREAS, the adopted Comprehensive Flan has an existing policy that provides for the 34 distribution of allocations under the Rate of Growth Ordinance (ROG )) through 2023 with a � 35 provision to re-evaluate the RO)G I allocation distribution schedule, if substantial financial support 36 is provided by .duly 12, 2018 for land acquisition to retire development rights; and 37 38 WHEREAS, with the passage of the Florida Keys Environmental Stewardship Act and 39 coordination with the Florida Department of Environmental Protection, the state has expended 40 approximately $2, 2 , 52 and retired 65.99 TD s for the period between .duly 1, 2016. and ,duly 41 26, 20�1.9; and 42 43 WHEREAS, it is an appropriate time for the County to consider extending l OGO beyond 44 2023, in preparation of the updated evacuation model runs using updated data and analysis, 45 including information from the 2020 Census; and 46 Ord. -2020 Page I of 5 File#2019-043 Packet Pg. 2731 I WHEREAS, on April 3, 2019, a community meeting was held, as required by LDC 2 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to 3 provide for public participation; and 4 5 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee 6 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and 7 8 WHEREAS, staff is recommending approval of the proposed amendments to the 2030 9 Comprehensive Plan, to amend Policy 101.3.2 to extend the time period of the Rate of Growth 10 Ordinance (ROGO) through 2026; and 11 12 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31, X 13 2019, for review and recommendation on the proposed amendment; and 1 0 14 IL 15 WHEREAS, the Planning Commission was presented with the following documents and 116 other information relevant to the request, which by reference is hereby incorporated as part of the 17 record of said hearing: 18 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated 0 19 July 12, 20�19; 20 2. Sworn testimony of Monroe County Planning & Environmental Resources 0 21 Department staff; and a 0 22 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 23 Planning Commission Counsel; and 24 X 25 WHEREAS, based upon the information and documentation submitted, the Planning 26 Commission made the following Findings of Fact and Conclusions of Law: 27 28 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 29 Monroe County Year 2030 Comprehensive Plan; and 0 30 2, The proposed amendment is consistent with the Principles for Guiding Development 31 for the Florida Keys Area of Critical State Concern, Sec, 380.0552(7), F.S.; and 32 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and C14 33 34 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P32-19 E 35 recommending approval of the proposed amendment; and 36 37 WHEREAS, at a regular meeting held on SepteDaber 18, 2019, the Monroe County Board 38 of County Commissioners held a public hearing to consider the transmittal of the proposed text 39 amendment, considered the staff report and provided for public comment and public participation 40 in accordance with the requirements of state law and the procedures adopted for public 41 participation in the planning process; and 42 43 WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution 44 259-2019, approving transmittal of the proposed text amendment to the State Land Planning 45 Agency; and 46 Ord. -2020 Page 2 of 5 File#2019-043 Packet Pg. 2732 I WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 2 Objections,Recommendations and Comments (ORC)report,received by the County on December 3 10, 201,9; and 4 5 WHEREAS, the ORC report did not identify any objections, recommendations or 6 comments; and 7 8 WHEREAS, the County has 180 days from the date of receipt of the ORC to, adopt the 9 proposed amendment, adopt the amendment with changes or not adopt the amendment; and ,10 11 WHEREAS,at a regularly scheduled meeting on the 22 nd day of January,2020�, the BOCC 12 held a public hearing to consider adoption of the proposed Comprehensive Plan. text amendment; X 13 1 0 14 NOW, THERE FRE O , BE IT BY OF C OUN ORDAINED THE BOARD TY IL 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 16 N Q 17 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended C14 cm 18 as follows (Deletions are shown stricken through; additions are shown underlined): 0 19 20 Policy 101.3.2 0 21 The number of permits issued for residential dwelling units under the Rate of Growth 0 22 Ordinance shall not exceed a total of 1,970 new allocations for the time period Of July 13, 23 2013 through July 12, 20� 2026, plus any available unused ROGO allocations from a 24 previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. X 25 Market rate allocations shall not to exceed 126 residential units per year. Unused allocations 26 for market rate shall be available for Administrative Relief. 27 28 In 2012„ Pursuant to Rule 28-20,140, F.A.C., the Department of Economic Opportunity 29 completed the hurricane evacuation clearance time modeling task and found that with 10 0 1 30 years' worth of building permits,the Florida Keys would be at a 24 hour evacuation clearance 31 time. This creates challenges for State of Florida and Monroe County as there are 8,168 32 privately owned vacant parcels [3,979 Tier 1; 393 Tier TI, 260 Tier 1111-A (SPA); 3,301 Tier 33 111, and 235 No Tier (ORCA, etc.)] and with .1,970 new allocations this may result in a 34 balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. E 35 36 In recognition of the possibility that the inventory of vacant parcels exceeds the total number 37 of allocations which the State will allow the County to award, the County will consider 38 adopting an extended timefrarne for distribution of the ROGO allocations through 2033 with 39 committed financial support from its, State and Federal partners. This timefrarne can provide 40 a safety net to the County and provide additional time to implement land acquisition and 41 other strategies to reduce the demand for ROGO allocations and help transition land into 42 public ownership. 43 44 The County is actively engaged in acquisitions and is requesting its State and Federal partners 45 for assistance with implementing land acquisitions in Monroe County., The County will 46 allocate the 1,970 new dwelling unit allocations over a 10 year tirrieframe. If substantial Ord. -2020 Page 3 of 5 File#2019-043 Packet Pg. 2733 I financial support is provided by July 12, 2018, the County will reevaluate the ROGO 2 distribution allocation schedule and consider an extended timeframe for the distribution of 3 market rate allocations (through a comprehensive plan amendment). Further, the State and 4 County shall develop a inutually agreeable position defending inverse condemnation cases 5 and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an 6 active role both directly and financially in the defense of such cases. 7 8 The County shall distribute ROGO allocations by ROGO year, as provided in the table 9 below. Annual Allocation ROGO Year Market rate Affordable X ............. July 13, 2013-July 12, 2014 126 71 ................................. ...... ------ (L U July 13, 2014- July 12, 2015 126 71. C14 July 13, 20�15- July 12, 2016 126 CD C14 .... ... July 13, 2016-July 12, 2017 126 ....... 0 0 July 13, 2017- July 12, 2018 126 .............. 0 July 13, 2018-July 12, 2019 126 (D ............ 0 July 13, 2019- July 12, 2020 126 July 13, 2020- July .12, 2021, 4-216 64 568 total AFH (total X July 13, 202 1- July 12, 2022 4-2-664 available immediately) July 13, 2022-July 12, 2023 4-M 64 .............. July 13, 2023- July 12, 2024 62 0 ...........-- .................... M1 July 13, 2024- July 12, Iq 2025 62 C14 July 1,3, 2025-July 12, 2026 62 Total E 1,260 7 10* "Inchides two annual affordable ROGO allocation for the Big Pine Key / No Name They subarea through the Incidental Take Permit (ITP) endin2 in 2023. 10 The State of Florida, pursuant to Administration Commission Rules, may modify the annual I I allocation rate. Monroe County will request a Rule change from the Administration 12 Commission to authorize the above allocation tirneframe and rate. 13 14 15 Section 2. Sever b LIUL, If any section, subsection, sentence, clause, item, change, or 16 provision of this ordinance is held invalid, the remainder of this ordinance shall not 17 be affected by such validity, 1.8 Ord. -2020 Page 4 of 5 File#2019-043, Packet Pg. 2734 I Section L Real of Incornsistennt Provisions. All ordinances or parts of ordinances in 2 conflict with this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 5 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 6 7 Section 5. Piling and Effective Date. This ordinance shall be filed in the Office of the 8 Secretary of the State of Florida but shall not become effective until a notice is 9 issued by the State Land Planning Agency or Administration Commission finding 10 the amendment in compliance with Chapters 1,63 and 380,Florida Statutes and after I I any applicable challenges have been resolved. 12 X 13 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 1 0 14 in the Monroe County 2030 Comprehensive Plan. The numbering of the foregoing Is IL 15 amendment may be renumbered to conform to the numbering in the Monroe County 16 Comprehensive Plan. C14 17 C14 18 Mayor Heather Carruthers 0 19 Mayor Pro Tem Michelle Coldiron 20 Commissioner Craig Cates 0 21 Commissioner Sylvia Murphy 0 0 22 Commissioner David Rice 23 24 BOARD OF COUNTY COMMISSIONERS 25 OFMONROE COUNTY, FLORIDA 26 27 BY 28 MAYOR HEATHER CARRUTHERS 29 (SEAL) 0 30 31 ATTEST: KEVIN MADOK, CLERK 32 C14 33 RION"E COUNTY ATTORMY 34 DEPUTY CLERK An P BKOVeD AS FONW. E LL, A351 t,"J"ilNff�,-�OPWTY ATTOR"Sy Date---ill Ord. -2020 Page 5 of 5 File#2019'-043 Packet Pg. 2735 0.10.c 1 ,e„-yak 2 6 I . �. 3 1 4 � 5 6 7 MONROE COUNTY,FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 259 -2019 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS TRANSMITTING TO THE STATE LAND 0 13 PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY 14 BOARD OF COUNTY COMMISSIONERS AMENDING MONROE 15 COUNTY COMPREHENSIVE PLAN POLICY 101.3.2 TO EXTEND THE C14 16 TIME PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO) 17 THROUGH 2O26; PROVIDING FOR SEVE ILITY; PROVIDING FOR 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 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 27 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, LO 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 30 Year 2030 Comprehensive Plan as described above; and 31 U) 32 WHEREAS, the Monroe County Planning Commission and the Monroe County Board W 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 Resolution No. 259 -2019 Page 1 of 2 File 2019-043 Packet Pg. 2736 0.10.c 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 JJIILday of September .2019. 56 57 Mayor Sylvia Murphy Yes 58 Mayor Pro Tem Danny L. Kolhage Yes 59 Commissioner Heather Carruthers Yes 60 Commissioner Michelle Coldiron Yes 61 ! Commissioner David Rice Yes 62 o� 63 �a `�� BOARD OF COYNTY COMMISSIONERS ° OF'MONROE&UNTQkORID 6 a 66 BY ' ' '� MAYM SYLVIA MURPHY 68 un '69 - 70 A V MADO CLERK - 71 72 DEPUTY CLERK LO cv 0 a . U- '.,` c>. COUNTY A a CV S�'i t ER T.-WAL-L ASSISTANT EMATl't PJM LLJ CD Deft 16LLJ +x LL- o Resolution No. 259 -2019 Page 2 of 2 File 2019-043 Packet Pg. 2737 0.10.c Exhibit A to Transmittal Resolution 1 71 2 �„ 6 f � 4 N 6 u r 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2019 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING MONROE COUNTY 13 COMPREHENSIVE PLAN POLICY 101. .2 EXTEND THE TIM 14 PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO) 15 THROUGH 2O26; PROVIDING FOR RABILITY; PROVIDING FOR cv 16 REPEAL OF CONFLICTING VISIONS; PROVIDING FOR 17 TRANSMITTAL TO THE STATE AND PLANNING AGENCY AND 18 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE 19 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING OR AN 20 EFFECTIVE DATE. (FILE#2019-043). 21 22 23 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 27LO 28 WHEREAS, Section 380.0552(9)(a)2., F.S., requires goals, objectives, and policies to 29 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane 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 0 32 accordance with a professionally accepted methodology and approved by the state land planning 33 agency; and 34 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 37 provision to re-evaluate the ROGO allocation distribution schedule, if substantial financial 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 42 approximately $2,828,852 and retired 65.99 TDRs for the period between July 1, 2016 and July 43 26, 2019; and 44 Ord. -2019 Page 1 of 5 File#2019-043 Packet Pg. 2738 O.10.c 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 7 provide for public participation; and 8 9 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee 10 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and 11 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 a. 14 Ordinance (ROGO)through 2026; and 15 cv 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 18 19 WHEREAS, the Planning Commission was presented with the following documents and 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; 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 LO 28 v 29 WHEREAS, based upon the information and documentation submitted, the Planning 30 Commission made the following Findings of Fact and Conclusions of Law: 31 U) 32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 33 Monroe County Year 2030 Comprehensive Plan; and 34 2. The proposed amendment is consistent with the Principles for Guiding Development 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 II of Chapter 163, Florida Statute; 37 and 38 39 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P32-19 40 recommending approval of the proposed amendment; and 41 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 Ord. -2019 Page 2 of 5 File#2019-043 Packet Pg. 2739 Exhibit A to Transmittal Resolution 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 7 Objections, Recommendations and Comments (ORC) report, received by the County on 8 and 9 10 WHEREAS,the ORC report and 11 12 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 1 0 13 proposed amendment, adopt the amendment with changes or not adopt the amendment; and a. 14 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 18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0 19 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 20 0 21 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby 0 22 amended as follows (Deletions are shown stricken through; additions are shown 23 underlined): 24 X 25 Policy 101.3.2 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, LO 28 2013 through July 12, 2424-2026, plus any available unused ROGO allocations from a 29 previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. .2 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. 0 U) 32 33 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity 34 completed the hurricane evacuation clearance time modeling task and found that with 10 E 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 37 8,168 privately owned vacant parcels [3,979 Tier 1; 393 Tier 11, 260 Tier 111-A (SPA); 38 3,301 Tier 111, 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 40 the future. 41 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 Ord. -2019 Page 3 of 5 File#2019-043 Packet Pg. 2740 0.10.c 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 7 substantial financial support is provided by July 12, 2018, the County will reevaluate the 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 11 condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, 12 with the State having an active role both directly and financially in the defense of such 0 13 cases. a. 14 15 The County shall distribute ROGO allocations by ROGO year, as provided in the table cv 16 below. 17 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 cv July 13, 2017-July 12,2018 126 LO cv July 13,2018-July 12, 2019 126 July 13, 2019-July 12, 2020 126 0 July 13, 2020-July 12, 2021 426 64 568 total AFH (total July 13, 2021-July 12, 2022 4-2-6 64 available immediately) July 13, 2022-July 12, 2023 4-2-6 64 July 13, 2023-July 12, 2024 62 July 13, 2024- July 12, 62 2025 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 UTP) ending in 2023. 18 Ord. -2019 Page 4 of 5 File#2019-043 Packet Pg. 2741 Exhibit A to Transmittal Resolution I 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 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. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in 11 conflict with this ordinance are hereby repealed to the extent of said conflict. X 12 1 0 13 Section 4.1 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 15 Statutes. C14 16 C14 17 Section 5. ]Filing and Effective Date. This ordinance shall be filed in the Office of the 0 18 Secretary of the State of Florida but shall not become effective until a notice is 0 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 0 21 after any applicable challenges have been resolved. 0 22 23 Section 6.1 Inclusion in the ComiDrehensive Plan. The text amendment shall be X 24 incorporated in the Monroe County 2030 Comprehensive Plan. The numbering of W 25 the foregoing amendment may be renumbered to conform to the numbering in the M 26 Monroe County Comprehensive Plan. 27 LO 28 Mayor Sylvia Murphy 29 Mayor Pro Tem Danny L. Kolhage 30 Commissioner Heather Carruthers 31 Commissioner Michelle Coldiron 0 U) 32 Commissioner David Rice 33 34 BOARD OF COUNTY COMMISSIONERS E 35 OF MONROE COUNTY, FLORIDA 36 37 BY 38 MAYOR SYLVIA MURPHY 39 (SEAL) 40 41 ATTEST: KEVIN MADOK, CLERK MONWE COI NTY Trofflwy 42 APrm t 43 'ALLIANS 44 DEPUTY CLERK r N ATTOP Ord. -2019 Page 5 of 5 File#2019-043 Packet Pg. 2742 A ZEN 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.com MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138694 Ticket: 309598 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] X COUNTY OF MONROE BIL efoIndarsigned authority personally appeared cv who on oath says that he or she is cm of the Key West Citizen, a daily newspaper publi hed in y 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,September 1,2019 v x Affiant further says that the Key West Citizen is a newspaper published in Key W 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 LO 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 t e said per. 6 igna ure ofAffian) 3 -- ---- - - - -. _ - -- ------- - ----- -_ -- A ed d su c'bed before me this 2 day of September 2019 E (Nota ublic Signature (Notary blic Printed Name) (Notary Sea])kIr _ Suel nn Stamper My commission expires (023 � " x COMMISSION#GG232802 EXPIRES:June 27, 2022 Personally Known_2L Produced Identification_ ������� BoaW���` ThnJ Aaron Nomry Type of Identification Produced Packet Pg. 2743 � ( �f OAA - „4, �i414 O.10.c COMMISSIONERS NOTICE P,UIBiLIC MEETIING I NOTICE NOTICENOTICE OFICHANGE TO MONROE.-: COUNTY COMPREHENSIVE-PLAN' ± TO MONROE DISTRICTCOUNTY TIER OVERLAY Septembicir ,, 20119 NOTICE NS HEREBY IVEN that on � NT � � �� .: the N ohroe Couinty x Boardof CountyCommIssioners wININ holda Palbltc MWhig at the Murray E.Nielson Gove rnmem 10 Center,11,02H 0 Overseas H HHI96nawray,l acy Largo,IPL 3=7 tan revIew and Ir eNie pulbi to comment � for the NoNlNowInngNl Items., U PUBLIC HEARIINGS.1=1 P (or as soon,thereafter as may be heard): cy cv 6 AMENDING POLICY 11011„12 OF THE iMONwNROE COUNTY 203 .COMPREHENSIVE PLAN TO> c! EXTEND THE TIME PERIOD OF 8000 THROUGH! 2026; PROVIDING FOR SE`PP," HIIIIT' „ c PROVIDING FOR (REPEAL ONE CONFLICTING PROVISIONS;NS; PROVIDING FOR TRANSMITTAL VI"H SAL � T :TIHE ST ,TP LAUD PLANNING AGENCY AND THHE SPUPET PY P STATE; PROVIDING FOR INCLUSION IN THE M N ROE COUNTY COMPREHENSIVEPLAN; PROVIDING G FOR HwN' 0 ,,,,EFFECTIVE DATIE ILA"2�12-IS) W ,�;MENIlUNlr"NI PIP COUNTY H�NPPPPP�VSNVE PLAN P IVU Y 1011,531, ,A III IU ' x HEIGHT WITHIN OCEAN PIPP'P AGATED PLANNEDMASTER COMMUNITY,MUIN�NITY TO ALLOW FOR nA IMAXIMUM HEIGHT HT P SU.FEET WHEN AVARIANCE TO HEIGHT HAS ISPPNaN APPROVED � BY THE MASTER ASSOCIATION, AS PPUIP WD ISY SMITH HAWKS PLp PROVIDING FOUR � SEVEI ASILITY" PROVIDING PUHT REPEAL UIP CONFLICTING PROVISIONS; PROVIDING " cv TRANSMITTAL TO THE STATE LAND PLANNING G AGENCY AND TIPP SECRETARY Of ST "PNLO � PROVIDING FOR INCLUSION NaN INaNTHMHP MONROIE CI UU T Y COMPREHENSIVE PLAN;PROADING N FOR AN EFFECTIVE DATE,(1=111LP 2 19-102 ) � CONCERNING THE PROPOSED ABANDONMENT BHP PI HHTItNINH P THE RIGHT-Of-WAY c U) UIP OLD STATE ROAD,4A AND ALL UP THHP RIGHT-OF-WAY OF LOOP ROAD LYING WIT,HtII an SECTION 31, TOWNSHIP Ii SOUTH, RANGE 28 PAST„ GOVERNMENT LOT S„ SECTION _ 6 TOWNSHIP,I67 SOUTH, RANGE 28 EAST, GOVERNMENT ENHIT LOTS 3W2„'ANNI TW SECTION 7 � TOWNSHIP 67 SOUTH, RANGE 28 PAST„ GOVERNMENT LOTS 2 AND 4 SECTION 112„ an TOWNSHIP 67 SOUTH, RANGE 27 EAST, GOVERNMENT LOTS 16 AND Ire ALSO A 50 FOOT E STRIP KNOWN AS LOOP ROAD, LYING IN SUGARLO AF KEY , SECTION 12, TOWNSHIP 67 SOUTH,RANGE 27 EAST„GOVERNMENT LOTS 1 PS,S„AND, 7,SECTION 111 TOWNMNSHIHP 67 SOUTH,RANGE 27 EAST,(FILE#2H'1q,--1IA, o le0`0 ,11 'above Ore available at the,Monroe County PlannIng Department offices an Marathon and Keyr ' o a ,cnormI H busi � io 4n Ioaltnnle Na ' , � gM b-UW Pmaraoarat to Section 286,0105 Pli Statutes, it a person recid* to rl faeM any di of the Board of County Commissioners, with withi resat to any treat ,considered.at the meetingor team"err he or she wN need a record of the proceedings, and th tµ for such purpose,hie or she may need to drmaaare a vartnatdrrn record of the proceedings Na tread, which record Includes des the tealdrrnonny&evidence upon which the,appeal is to be bese ', AAA ASSISTANCE,,ff yonn are a person with a sheet 0ity who needs special accommodations Na outer to grarttolgnate In this proceeding,Pi contact the County Nantrntatrata r"ar Office, by Ptnoi(MG)292-4441,between the hours of&-30 a.m.. .&,00 pim.,no later then fins (S)calendar mays prior to the tnaa»tuled meeting,,If you are Nrn ntrar t or voice can a what S t µ 20,19 KeyWastICRIzon Packet Pg. 2744 0.10.d r n tti u,,,,, ' n. Lawson G .lVER1,°lt: l'l _. _ __ EXI'1"UI"h ll ILllRt°.°.' TOlf° FLORIDA DEF ENT q( Ecol4omic opipoiRTuNirry December 10,2019 The Honorable Sylvia Murphy Mayor, Monroe County 0 102050 Overseas Highway,Suite 234 IL I3 Key Largo, Florida 33037 cv Dear Mayor Murphy: The Department of Economic Opportunity("Department")has completed its review of the proposed comprehensive plan amendment for Monroe County(Amendment No. 19-07ACSC),which was received and determined complete on October 11, 2019. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any objections or comments to the proposed amendment and this letter serves as the x Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriate reviewing agencies, if any,are enclosed. The County should act by choosing to adopt,adopt with changes,or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of the Department's attached report,or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. U If you have any questions related to this review, please contact Courtney Johnstone, Planning Analyst, by telephone at(850)717-8463 or by email at courtney.johnstone@deo.myflorida.com. Sin ly, tureau ansbury,Chief Community Planning and Growth JDSJcj Enclosure: Procedures for Adoption Agency Comments cc:Christine Hurley,County Administrator, Monroe County Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Florida Dep r°trnent of t':eonornic:Opportunity B l'ah1wefi Building 1 107 E. Madi.son Street I .1..tallahasser,a FL 3 9 An equal op rrdunify ernployerlprograrn,AuxiIi rye aids and service aro available upon request tO individuals,with disabilities.All voice telephone numbers on this docurnent may be reached by persons using 7..l..•p,.1.1...ID equipment via the F-76fida Relay Ser°arlc:e at 711, Packet Pg. 2745 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in X 1 0 Portable Document Format(PDF)to the Department of Economic Opportunity and one copy to each IL IL entity below that provided timely comments to the local government:the appropriate Regional Planning N Council;Water Management District; Department of Transportation; Department of Environmental Q N Protection; Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services 0 (county In amendments only);and the Department of Education (amendments relating to public 0 schools);and for certain local governments,the appropriate military installation and any other local a 0 government or governmental agency that has filed a written request. SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the X adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; 0 .......................................Summary description oft e adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; z :D Certification that the adopted amendment(s) has been submitted to all parties that provided 0 U timely comments to the local government; W 0 W z Name,title, address,telephone, FAX number and e-mail address of local government contact; 0 Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment N package: E In the case of text amendments,changes should be shown in strike-through/underline format; in the case of future land use map amendment,an adopted future land use map, in color format,clearly depicting the parcel, its existing future land use designation,and its adopted designation; A copy of any data and analyses the local government deems appropriate. Effecdve:Jurne 2, 2011.(Updated June 2018) Page 1.of 2 1 Packet Pg. 2746 O.10.d Note:If the local government is relying on previously submitted ata and analysis, no additional data and analysis is required; -Copy of executed ordinance adopting the comprehensive plan ame a t(s), Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. if the amendment is timely challenged,or if the state Ian planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planningagency or the N Administration o ission enters a final order determining this adopted amendment to be in compliance." 0 List of additional changes ade in the adopted amendment that the Department of Economic Opportunity did not previously review; .........._................List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship oft e additional changes not previously reviewed byte Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. c`a U cv rff cfuva.June 2,2011(Upda-ed,June 2018) - Page 2 of 2 Packet Pg. 2747 DocuSign Envelope ID:2B313F94-8720-4309-AIAD-80C5B93EB1 16 FD MOP- Florida-Departinent of D-ansportation RON DESANTIS 1000 NW I 111 th Avenue KFVtN I TIUBAULT,P.E. GOVERNOR Miami,FL 33 8 72-5800 SECRETARY October 15, 2019 X (L Cheryl Cioffari, AICP Assistant Director of Planning Monroe County Planning and Environmental Resources 2798 Overseas Highway, Suite 410 0. Marat6n, Florida 33050 0 (D 0 object® Monroe County Comprehensive Plan Amendment Policy 101.3.2 —Extend Time Period for ROGO - FDEO#19-0'7ACSC X Dear Ms. Cioffari: 0 Z; The Department has reviewed the proposed amendment to Monroe County's Comprehensive Plan to amend Policy 101.3.2 to extend the time period of the Rate of Growth Ordinance (ROGO). In accordance with Chapter 163, Florida Statutes, the focus of our review was on major transportation issues, including adverse impacts to transportation facilities of state importance. z M 0 The District reviewed the proposed comprehensive plan amendment and found U W that it would not have an adverse impact on transportation resources and facilities of 0 W state importance. The District encourages Monroe County to include pedestrian and z 0 bicycle facilities, to promote a walkable and connected community consistent with ss. 2 M 163.3177, Florida Statutes. In addition, the District recommends that Monroe County continue to identify and address the needs of all modes of travel, including public transportation. Please contact me at 305-470-5393 if you have any questions concerning our comments. Y, �J, 111�ibXee Fong Transportation Planner IV www.fdot.gov Packet Pg. 2748 DocuSign Envelope ID:2B313F94-8720-4309-AIAD-84C5B93EB1 16 Ms. Cheryl Cioffari October 15, 2019 Page 2 co Emily Schemper, Monroe County Planning & Environmental Resources Harold Des dunes, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Ray Eubanks, Department of Economic Opportunity Isabel Cosio Carballo, South Florida Regional Planning Council Isabel Moreno, South Florida Regional Planning Council 0 0 (D 0 x 0 z :D 0 U w 0 w z 0 C14 E Packet Pg. 2749 0.10.d OFFICE OF THE COMMISSIONER �' THE CAPITOL (850)617-77 s W, b 400 SOUTH MONROE STREET TA.L.I,AHASSEES,FLORIDA 3239 -080 3 pp�.��q' g�ry� Apr'* �q �aga�^"� �.'.,q .,€:.�.�r .u��. .d�.l TMFI .k. o �a.�.�:4.A�.s�..9.TMo U a..l AND CONS '.F. SF—RV ICES COMMISSIONER ico "'NIKKC FRIES x November B,2019 �s VIA EMAIL(cioffarl-cheryl monroecoauirnty-flm ov) cv Ms.Cheryl Cioffari Monroe County Planning and Environmental Resources 2798 Overseas Highway,Suite 410 Marathon,Florida 33050 Tie: DADS Docket T#--2011011-135 Monroe County CIP Policy 101.3.2 Submission dated October 7,2019 Dear Ms.0offarie The Florida Department of Agriculture and ConsuarnneirServlces(the"Departiraernt") received the above- referenced proposed comprehensive darn amendment on October 11,2019 and has reviewed It pursuant-to the provisions of Chapter 163, Elorlda Statutes,to address any potential adver.se impacts to important state resources or facilities related to agricultural,aquacultuaral,or forestry resources in Florida If the proposed arnnendrnent(,$)are adopted. Based on our review of your cou my"s submission, the Department has no comment on the proposal. U If we may be of further assistance,please do not hesitate to contact me at 850- 10-2 82, Sincerely, cv Thorrnas IPoucl°uer Budget Director E Office Of(Polk-.y and Budget � cc: Florida Department of Economic Opportunity (SLPA : Monroe County 15-07 ACSQ 6", i a ��l Et� .�.m.�mm mm" _ _. ..m.........m�:��ww .FreshFromFtorida.com Packet Pg. 2750 From: Mantilin g.J Q= To: nounkilri Cc' Mainua Subject: [ 'Monroe County,oso#1y-7*S[S and#z9fNCSC,Comments mn Proposed Comprehensive Plan Amendment Packages Date' Thursday,November n7,zu1yt:m:o7nn Dear Mr. Eubanks: The South Florida Water Management District (District) has completed its review of the two IL � proposed amendment packages from the Monroe County (County). The amendments include ' Future Land Use Text revisions concerning the Rate of Growth Ordinance and building heights within Ocean Reef. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment packages. ' The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the re8ion^s water resources. Please forward a copy of the adopted amendments to the District. Please contact me if you need assistance or additional information. Sincerely, - Ms.Terry Manning, Policy and Planning Analyst South Florida Water Management District Water Supply Implementation Unit w� � 338l Gun Club Road West Palm Beach, FL 33406 Phone: 56I'682'6779 Fax: 56I'681-6264 U E'Mai|: Packet Pg. 2751 O.10.d To: , Subjects (EXTERNAL]-Monroe County 19-7ACSC Proposed Date: Thursday,November 07,2019 2:43:31 PM Attachments. ftnage,001ola To: Ray Eubanks, lan Review d inistrator e; Monroe County y 1 ®7 C C;—State Coordinated Revie of Proposed Comprehensive � Ilan Amendment The Office of Intergovernmental Programs oft e Florida Department of Environmental Protection(Department)has reviewed teabove-referenced amendment acka e under the provisions of Chapter 163, FloridaStatutes.The Department conducted a detailed review that focused on potential adverse impacts to important po state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, green ways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that, If adopted,would result in adverse impacts to important state resources subject o the Department's jurisdiction. Please submit all future amendments bye ail to If your .� submittal is too large to send via email or if you need other assistance,contact Lindsay � Weaver at( 50) 717-9037, w cv E Packet Pg. 2752 From: To: Subject: [EXTERNAL]-Monroe County 19-07ACSC(Monroe County Policy 101.3.2 Amendment) Date: Friday,November 01,2019 1:45:53 PM Dear Ms. Cioffari: Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed 2030 Monroe County Comprehensive Plan Policy 101.3.2 amendment in accordance with x 1 0 Chapter 163.3184(4),Florida Statutes. We have no comments, recommendations,or a. objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. If you need any further assistance,please do not hesitate to contact our office by email at If you have specific technical questifl ons, 0 please contact Vicki Garcia at(561) 882-5711 or by email at 0 Sincerely, a 0 Ted Hoehn Biological Administrator 11 Office of Conservation Planning Services Division of Habitat and Species Conservation 620 South Meridian Street,MS 5135 0 Tallahassee,FL 32399-1600 (n (850)488-8792 Monroe County 19-7ACSC 40484 110119 z M 0 U W 0 W z 0 C14 E Packet Pg. 2753