Item O11 0.11
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: 0.11
Agenda Item Summary #6329
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 considering an ordinance by the Monroe County
Board of County Commissioners amending Monroe County Land Development Code Section 138-
24(a) to extend the time period of the Rate of Growth Ordinance (ROGO) through 2026.
ITEM BACKGROUND:
Monroe County's current adopted Land Development Code has an existing policy that provides
distribution of allocations for the Rate of Growth Ordinance (ROGO) through 2023. The annual
allocations are distributed among the upper and lower Keys. Furthermore, LDC Section 138-24(a)
requires re-evaluation of the ROGO allocation distribution schedule, if substantial financial support
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.
PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
Proposed Amendment(deletions are stt:i ke ft„-e mot,; additions are shown in underlined).
Chapter 138—RATE OF GROWTH RESTRICTIONS (ROGO/NROGO)
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ARTICLE II-RESIDENTIAL RATE OF GROWTH LIMITATION (ROGO)
*****
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate residential
ROGO allocations available in each subarea of the unincorporated county and the total number of
affordable residential ROGO allocations available countywide shall be as follows:
Number of Dwelling Units
Subarea ROGO Years:
ROGO Years: July 13, 2023-Jul.
12,
July 13, 2020-July 12, 2021 2024
July 13, 2021-July 12, 2022 July 13, 2024-Jul,
12,
July 13, 2022-July 12, 2023 2025
July 13, 2025-Jul. 12,
2026
Upper Keys 6-�31 30
Lower Keys 5-7 29 28
Big Pine and No Name Keys 44 4
Total market rate 4-24 64 62
Affordable Dwelling Units
Very Low, Low, and Median Incomes 360*
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013-July 12, 2014 126
U: 61, L:57, BPK/NNK: 8 71
July 13, 2014-July 12, 2015 126
71
U: 61, L:57, BPK/NNK: 8
July 13, 2015-July 12, 2016 126
U: 61, L:57, BPK/NNK: 8 71
July 13, 2016-July 12, 2017 126
U: 61, L:57, BPK/NNK: 8
July 13, 2017-July 12, 2018 126
U: 61, L:57, BPK/NNK: 8
July 13, 2018-July 12, 2019 126
U: 61, L:57, BPK/NNK: 8 497 July 13, 2019-July 12, 2020 126 total available
total AFH
U: 61, L:57, BPK/NNK: 8 (tot
July 13, 2020-July 12, 2021 �64 immediately)
U: 6-�31, L:5-7 29, BPK/NNK: -9 4
July 13, 2021-July 12, 2022 472-4 64
U: 6-�31, 29, BPK/NNK: S 4
July 13, 2022-July 12, 2023 4-24 64
U: 6-�31, L:5-7 29, BPK/NNK: -9 4
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July 13, 2023-July 12, 2024 62
U: 30, L:28, BPK/NNK: 4
July 13, 2024-July 12, 2025 62
U: 30, L:28, BPK/NNK: 4
July 13, 2025-July 12, 2026 62
U: 30, L:28, BPK/NNK: 4
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) endinL in 2023.
The State of Florida, pursuant to Administration Commission Rules, may modify the annual
allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal
partners, the County may reevaluate the ROGO distribution allocation schedule and consider an
extended timeframe for the distribution of market rate allocations. If necessary, Monroe County will
request a Rule change from the Administration Commission to authorize an alternative allocation
timeframe and rate.
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 corresponding proposed Comprehensive Plan text amendment (File
2019-043), 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, which will be considered at the January 22, 2020 BOCC Meeting.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
2019-044 BOCC SR 01.22.20
2019-044_Ordinance
2019-043 MONROE COUNTY 19-07ACSC (ORC)
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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 12:16 PM
Assistant County Administrator Christine Hurley Completed
01/03/2020 2:22 PM
Steve Williams Completed 01/06/2020 8:51 AM
Maureen Proffitt Completed 01/06/2020 9:42 AM
Budget and Finance Completed 01/06/2020 5:01 PM
Maria Slavik Completed 01/07/2020 7:34 AM
Kathy Peters Completed 01/07/2020 1:35 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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2
3 °
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Acting Sr. Director of Planning and Environmental CD
12 Resources
13 X
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning i
15
16 Date: January 7, 2020
e
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe N
19 County Land Development Code Section 138-24(a)to extend the time period of the Rate
20 of Growth Ordinance (ROGO) through 2026. (File 42019-044) 0
21
22 Meeting: January 22, 2020 0
23
24
25 I. REQUEST
26
27 The Monroe County Planning & Environmental Resources Department is proposing amendments
28 to the Monroe County Land Development Code, as directed by the BOCC on January 30, 2019, to 0
29 amend Section 138-24(a) to extend the time period of the Rate of Growth Ordinance (ROGO) 24
30 through 2026. W
31
32 II. BACKGROUND INFORMATION
33
34 Monroe County's current adopted Land Development Code has an existing policy that provides
35 distribution of allocations for the Rate of Growth Ordinance (ROGO) through 2023. The annual Wi
36 allocations are distributed among the upper and lower Keys. Furthermore, LDC Section 138-24(a) U
37 requires re-evaluation of the ROGO allocation distribution schedule, if substantial financial 0
38 support is provided by July 12, 2018 for land acquisition to retire development rights.
39
40 The Florida Legislature and the Administration Commission have mandated that local
41 governments (except the City of Key West) include measures to protect public safety and welfare
42 in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of
43 no more than 24 hours in their respective Comprehensive Plans. Florida Administrative Code Rule E
44 28-36.003(2)(a)7 requires the City of Key West to prepare and adopt an evacuation plan that is
45 consistent with the regional and County plans.
46
47 The Florida Legislature mandated that the hurricane evacuation time for the Florida Keys Area of
48 Critical State Concern(ACSC)be determined by a state approved hurricane evacuation study. The
BOCC SR 01.22.20 Page I of It
File 2019-044
Packet Pg. 2758
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I Division of Emergency Management ("the Division") produced an evacuation study titled
2 "Statewide Regional Evacuation Studies Program" dated November 2010, augmented with other
3 professional data and analysis, to determine input variables and assumptions to determine
4 clearance times. For the first time since the hurricane modeling began, after the growth limitations
5 were added to the comprehensive plan, the model demonstrated that the award of allocations
6 through the year 2023 by DEO would place the County, including municipalities at the maximum
7 24 hour limit evacuation. This indicated the county was at maximum buildout and additional Iq
8 allocations would not be forthcoming, unless other changes are made such as M
9 transportation/evacuation improvements, etc.
10
11 In 2012, the County entered into a Memorandum of Understanding (MOU) with the Department
12 of Economic Opportunity (DEO), the Division, Marathon, Islamorada, Key West, Key Colony
13 Beach and Layton. The MOU provided the distribution of allocations among the local governments X
14 based upon a vacant land analysis. Based on the MOU, the County began receiving 197 ROGO
15 allocations annually, for a total of 1,970 ROGO allocations over a 10-year period. Following the
16 MOU, the County updated its Comprehensive Plan and adopted Objectives 101.2 and 101.3, and
17 the Policies therein. The existing model indicates the current ROGO allocations available to N
18 maintain evacuation at the 24-hour mark will be exhausted in 2023. N
19
20 DEO will run an evacuation model after the completion of the 2020 Census, using updated data 0-
21 and analysis. Staff anticipates this process may take two to three years, and will require a new
22 MOU with the previously included parties. This will be the earliest point in time that the County 0
23 will be able to evaluate the results based on any changes experienced in the inputs and assumptions
24 utilized.
25
26 Community Meeting and Public Participation .�
27 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
28 Plan and Land Development Code text amendments was held on April 3, 2019 in Marathon and
29 provided for public input. There were no members of the public in attendance. T
30
31 Development Review Committee and Public Input
32 At a regular meeting held on May 28, 2019, the Development Review Committee (DRC)
33 considered the proposed Land Development Code text amendment and corresponding
34 Comprehensive Plan text amendment, and provided for public comment.
35 cis
i
36 Previous Relevant BOCC Action
37 At a special meeting on January 30, 2019, the BOCC directed staff to amend the Monroe County
38 Comprehensive Plan and Land Development Code to extend the time period of the Rate of Growth co
39 Ordinance (ROGO)through 2026.
40
41 On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to N
42 consider the transmittal of the corresponding proposed Comprehensive Plan text amendment (File
43 2019-043), considered the staff report, and provided for public comment and public participation E
44 in accordance with the requirements of state law and the procedures adoption for public
45 participation in the planning process. The BOCC adopted Resolution 259-2019 transmitting the
46 proposed amendment to the State Land Planning Agency (DEO) for review and comment.
47
BOCC SR 01.22.20 Page 2 of It
File 2019-044
Packet Pg. 2759
0.11.a
I Following their review of the proposed amendment,DEO issued an Objections,Recommendations
2 and Comments (ORC) report on December 10, 2019 (attached). The ORC report did not identify
3 any objections, recommendations or comments. The County has 180 days from the date of receipt
4 of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
5 amendment, which will be considered at the January 22, 2020 BOCC Meeting.
6
7 The subject of this staff report is the amendment to the Land Development Code.
8
9 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS v
10
11 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined).
12
13 Chapter 138—RATE OF GROWTH RESTRICTIONS (ROGO/NROGO) x
14 ARTICLE II—RESIDENTIAL RATE OF GROWTH LIMITATION (ROGO)
15
16 *****
17 Sec. 138-24. Residential ROGO Allocations.
18 (a) Number of available annual residential ROGO allocations. The number of market rate N
19 residential ROGO allocations available in each subarea of the unincorporated county and the total
20 number of affordable residential ROGO allocations available countywide shall be as follows:
21
Number of Dwelling Units a
Subarea ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 x
July 13 2022- July 12 2023 July 13 2025--July 12 2026
Upper Keys 6-�31 30
Lower Keys -5-7 29 28 0
Big Pine and No Name Keys 94 4
Total market rate 4-2-6 64 62
cv
Affordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
22 co
23 Iq
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013- July 126 71
12, 2014 U: 61, L:57, BPK/NNK: 8 E
July 13, 2014- July 126 71
12, 2015 U: 61, L:57, BPK/NNK: 8
July 13, 2015- July 126
71
12, 2016 U: 61, L:57, BPK/NNK: 8
BOCC SR 01.22.20 Page 3 of 11
File 2019-044
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0.11.a
July 13, 2016- July 126
12, 2017 U: 61, L:57, BPK/NNK: 8
July 13, 2017- July 126
12, 2018 U: 61, L:57, BPK/NNK: 8
July 13, 2018- July 126
12, 2019 U: 61, L:57, BPK/NNK: 8
July 13, 2019- July 126
12, 2020 U: 61, L:57, BPK/NNK: 8
July 13, 2020- July 4-2-6 64
497 total AFH a�
12, 2021 U: 6-�31, L:-5-7 29, BPK/NNK: 8.4 E
July 13, 2021- July 4 64 (total available
�
immediately) x
12, 2022 U: �31, L:�29, BPK/NNK: ,g 4
July 13, 2022- July 4--�26 64
12, 2023 U: 6-�31, L:-5-7 29, BPK/NNK: ,g 4
July 13, 2023- July 62 Q
cd
12, 2024 U: 30, L:28, BPK/NNK: 4
July 13, 2024- July 62 0
12, 2025 U: 30, L:28, BPK/NNK: 4
July 13, 2025- July 62 a
12, 2026 U: 30, L:28, BPK/NNK: 4
Total 1,260 710*
as
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key x
subarea through the Incidental Take Permit ITP ending in 2023.
1 �
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual .2
3 allocation rate. By July 12, 2018,if substantial financial support is provided by State and Federal
4 partners, the County may reevaluate the ROGO distribution allocation schedule and consider an
5 extended timeframe for the distribution of market rate allocations. If necessary, Monroe County ri
6 will request a Rule change from the Administration Commission to authorize an alternative ri
7 allocation timeframe and rate.
8
cas
9
10
11 IV. ANALYSIS OF PROPOSED AMENDMENT co
i
Iq
12
13 For a number of years prior to 2016, County staff had frequent meetings with the State of Florida
14 requesting that DEP reinitiate land acquisition in Florida Keys Florida Forever project areas. In
15 addition to the staff outreach,Representative Holly Raschein and the legislature passed the Florida
16 Keys Environmental Stewardship Act in 2016 codifying the State's recognition of the importance
17 of land acquisition as a critical need and secured Florida Forever funds for state land acquisitions
18 in the Florida Keys. For the period between July 1, 2016 and April 25, 2019, the state has
19 purchased 135 parcels, at an aproximate cost of$2,808,220 and retired 61.49 TDRs. The State
20 of Florida designated $5 Million toward land acquisition in Florida Forever in the 2019 legislative
21 session.
BOCC SR 01.22.20 Page 4 of I1
File 2019-044
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1
2 The following graph shows the amount encumbered or spent on acquisitions and the TDRs retired
3 from July 1, 2016 through April 25, 2019.
ru rAP IR11L 201
Piron•o r,tlNp 90."tto4/marpP49
P"1 PH,uaid'Wa,'u,rN-0bttN
fi IfP,Saul*'IU o
71
v
FUTURE APP UCA'P'VI �
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'. �°, RU a rinub ma+iaalfm"wvau@�NV _�. aw uy uw nN 4 Ut W f P n M, k 6K�&�..PF.+ d°&'s,rviu°G bha6ul fret mOauN
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gs
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.
4 NOTF The,DFIP c=5 shnwun are swuhye l W confir irm a ttu we nin b�V DPP De Mhgeinee nnsds iin&iahF Illncnurved b yv ROC Va tSa+t rM II u.uOa—a toya Ihe re O IC6`F mmbursad by P are fisted a5 DF F[os85_ U)
5
6 These acquisitions help to further progress on Policy 101.3. 2 of the Comprehensive Plan adopted
7 April 13, 2016. Therefore, it is an appropriate time for the County to consider extending ROGO
8 beyond 2023.
9
10 The proposed amendment would provide the County additional time to distribute ROGO (i
11 allocations during the time period that the new evacuation model is run using updated data and U
12 analysis,including information from the 2020 Census. Staff anticipates this process may take two 0
13 to three years, and will require a new MOU with the previously included parties. This will be the co,oi
14 earliest point in time that the County will be able to evaluate the results based on any changes
15 experienced in the inputs and assumptions utilized.
16 C14
17 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
18
19 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
20 158(d)(7)(b):
21
22 1. Changed projections (e.g., regarding public service needs) from those on which the text or
23 boundary was based;
BOCC SR 01.22.20 Page 5 of 11
File 2019-044
Packet Pg. 2762
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1
2 N/A
3
4 2. Changed assumptions (e.g., regarding demographic trends);
5
6 N/A
7
8 3. Data errors, including errors in mapping, vegetative types and natural features described in
9 volume 1 of the plan;
10
11 N/A a
12
13 4. New issues; X
14
15 In 2012, the County entered into a Memorandum of Understanding (MOU)with the Department
16 of Economic Opportunity (DEO), the Division, Marathon, Islamorada, Key West, Key Colony
17 Beach and Layton. The MOU provided the distribution of allocations among the local N
18 governments based upon a vacant land analysis. Based on the MOU,the County began receiving N
19 197 ROGO allocations annually. The existing model indicates the current ROGO allocations
20 available to maintain evacuation at the 24-hour mark will be exhausted in 2023. 0
21
22 DEO will run an evacuation model after the completion of the 2020 Census, using updated data a
23 and analysis. Staff anticipates this process may take two to three years, and will require a new
24 MOU with the previously included parties. This will be the earliest point in time that the County
25 will be able to evaluate the results based on any changes experienced in the inputs and
26 assumptions utilized. Extending ROGO through 2026 provides the County with time to complete
27 such an analysis.
28
29 5. Recognition of a need for additional detail or comprehensiveness; or T
30
31 N/A
32
33 6. Data updates;
34
35 N/A case
36
37 In no event shall an amendment be approved which will result in an adverse community change
38 to the planning area in which the proposed development is located or to any area in accordance co
Iq
Iq
39 with a livable communikeys master plan pursuant to findings of the board of county
40 commissioners.
41 cv
42 The proposed text amendment is not anticipated to result in an adverse community change. All
43 development shall be required to comply with level of service, concurrency, the regulations set forth E
44 in the Land Development Code and the Florida Building Code.
45
46 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
47 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
BOCC SR 01.22.20 Page 6 of 11
File 2019-044
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0.11.a
1
2 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
3 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
4 GOAL 101
5 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
6 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
7
8 Objective 101.1
9 Monroe County shall ensure that all development and redevelopment taking place within its
10 boundaries does not result in a reduction of the level-of-service requirements established and
11 adopted by this comprehensive plan. Further,Monroe County shall ensure that comprehensive plan
12 amendments include an analysis of the availability of facilities and services or demonstrate that
13 the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.] X
14
15 Objective 101.2
16 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
17 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a cv
18 maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land
19 Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted
20 between the County and all the municipalities and the State agencies. 0
21
22 Policy 101.2.1 a
23 Monroe County shall maintain a memorandum of understanding with the State Land Planning W
24 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
25 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
26 variables and assumptions, including regional considerations, for utilizing the Florida Division of
27 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
28 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
29 T
30 Policy 101.2.2
31 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and
32 Division of Emergency Management to update the variables and assumptions for the evacuation
33 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical
34 State Concern based upon the release of the decennial Census data.Pursuant to the 2012 completed
35 hurricane evacuation clearance time modeling by the State Land Planning Agency, which
36 incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10
37 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year
38 2023,while maintaining an evacuation clearance time of 24 hours. The County will adopt a slower co
39 rate of annual allocations for market rate development to extend the allocation timeframe to 2033
40 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate
41 the annual ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance N
42 time requirement standards; 2) new hurricane evacuation modeling by the State Land Planning
43 Agency and Division of Emergency Management; and 3) a new or revised memorandum of E
44 understanding with the State Land Planning Agency, Division of Emergency Management,
45 Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy 101.2.1).
46
47 Policy 101.2.3
BOCC SR 01.22.20 Page 7 of 11
File 2019-044
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0.11.a
I The County will consider capital improvements based upon the need for improved hurricane
2 evacuation clearance times. The County will coordinate with the FDOT, the state agency which
3 maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized.
4
5 Policy 101.2.4
6 In the event of a pending major hurricane (Category 35) Monroe County shall implement the
7 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour Iq
8 hurricane evacuation clearance time for the resident population. M
9 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of
10 non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels
11 (transient and non-transient), and military personnel from the Florida Keys shall be
12 initiated. State parks and campgrounds should be closed at this time or sooner and entry
13 into the Florida Keys by non-residents should be strictly limited. X
14 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
15 mobile home residents, special needs residents, and hospital and nursing home patients
16 from the Keys shall be initiated.
17 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased cv
18 evacuation of permanent residents by evacuation zone(described below) shall be initiated.
19 Existing evacuation zones are as follows:
20 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) c
21 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
22 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) a
23 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM
24 63-106.5 and MM 1-9.5 of CR 905)
25 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
x
26
27 The actual sequence of the evacuation by zones will vary depending on the individual storm. The
28 concepts embodied in this staged evacuation procedures should be embodied in the appropriate r_
29 County operational Emergency Management Plans. T
30
31 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
32 decreases and or shifts in population;particularly the resident and non-resident populations.
33
34 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of i
35 allocations to more than 197 residential units a year, except for affordable housing. Any increase
36 in the number of allocations shall be for affordable housing.
37 0
38 Objective 101.3 co
39 Monroe County shall regulate new residential development based upon the finite carrying capacity
40 of the natural and man-made systems and the growth capacity while maintaining a maximum
41 hurricane evacuation clearance time of 24 hours. cv
42
43 Policy 101.3.1 E
44 Monroe County shall maintain a Permit Allocation System for new residential development known
45 as the Residential Rate of Growth Ordinance(ROGO) System. The Permit Allocation System shall
46 limit the number of permits issued for new residential dwelling units The ROGO allocation system
47 shall apply within the unincorporated area of the county, excluding areas within the county
48 mainland and within the Ocean Reef planned development(Future development in the Ocean Reef
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I planned development is based upon the December 2010 Ocean Reef Club Vested Development
2 Rights Letter recognized and issued by the Department of Community Affairs). New residential
3 dwelling units included in the ROGO allocation system include the following: affordable housing
4 units; market rate dwelling units; mobile homes; and institutional residential units (except hospital
5 rooms).
6
7 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct Iq
8 location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under M
9 no circumstances shall a vessel,including live-aboard vessels, or associated wet slips be transferred Q
10 upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not
11 considered ROGO allocation awards, and may not be used as the basis for any type of ROGO
12 exemption or THE(Transfer of ROGO Exemption).
13 X
14 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and
15 seasonal residential units are subject to Policy 101.3.5.
16
17 B. The amendment is consistent with the Principles for Guiding Development for the Florida N
18 Keys Area, Section 380.0552(7), Florida Statutes. C14
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19
20 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 0-
21 principles for guiding development and any amendments to the principles, the principles shall be construed
22 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 0
23 (a) Strengthening local government capabilities for managing land use and development so that local
24 government is able to achieve these objectives without continuing the area of critical state concern
25 designation.
26 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass X
27 beds,wetlands, fish and wildlife, and their habitat.
28 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
29 vegetation(for example,hardwood hammocks and pinelands), dune ridges and beaches,wildlife,and 0
30 their habitat. D
31 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
32 development.
33 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. "!
34 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and c"!
35 ensuring that development is compatible with the unique historic character of the Florida Keys.
36 (g) Protecting the historical heritage of the Florida Keys.
37 (h) Protecting the value,efficiency, cost-effectiveness,and amortized life of existing and proposed major
38 public investments,including:
39 1. The Florida Keys Aqueduct and water supply facilities; ®®
40 2. Sewage collection, treatment, and disposal facilities; I°I
41 3. Solid waste treatment, collection, and disposal facilities;
42 4. Key West Naval Air Station and other military facilities;
43 5. Transportation facilities; N
44 6. Federal parks,wildlife refuges, and marine sanctuaries;
45 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; E
E
46 8. City electric service and the Florida Keys Electric Co-op; and
47 9. Other utilities, as appropriate.
48 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
49 and replacement of stormwater management facilities; central sewage collection; treatment and
50 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
51 treatment and disposal systems.
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I (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
2 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
3 as applicable, and by directing growth to areas served by central wastewater treatment facilities
4 through permit allocation systems.
5 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
6 Keys.
7 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
8 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of anatural
9 or manmade disaster and for a postdisaster reconstruction plan.
10 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
11 the Florida Keys as a unique Florida resource.
12 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
13 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. E
14 X
15 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
16 (F.S.). Specifically, the amendment furthers:
17
18 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
19 and enhance present advantages; encourage the most appropriate use of land, water, and
20 resources, consistent with the public interest; overcome present handicaps; and deal effectively C
21 with future problems that may result from the use and development of land within their 0-
22 jurisdictions. Through the process of comprehensive planning, it is intended that units of local
23 government can preserve,promote,protect, and improve the public health, safety, comfort, good a
24 order, appearance, convenience, law enforcement and fire prevention, and general welfare; 0
25 facilitate the adequate and efficient provision of transportation, water, sewerage, schools,parks,
26 recreational facilities, housing, and other requirements and services; and conserve, develop, 2
27 utilize, and protect natural resources within their jurisdictions.
28
29 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
30 legal status set out in this act and that no public or private development shall be permitted except T
31 in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted
32 in conformity with this act.
33
34 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
35 and strategies for the orderly and balanced future economic, social,physical, environmental, and
36 fiscal development of the area that reflects community commitments to implement the plan and (n
37 its elements. These principles and strategies shall guide future decisions in a consistent manner U
38 and shall contain programs and activities to ensure comprehensive plans are implemented. The 0
39 sections of the comprehensive plan containing the principles and strategies, generally provided CO
40 as goals, objectives, and policies, shall describe how the local government's programs, activities,
41 and land development regulations will be initiated, modified, or continued to implement the
42 comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion
43 of implementing regulations in the comprehensive plan but rather to require identification of
44 those programs, activities, and land development regulations that will be part of the strategy for E
45 implementing the comprehensive plan and the principles that describe how the programs,
46 activities, and land development regulations will be carried out. The plan shall establish
47 meaningful and predictable standards for the use and development of land and provide
48 meaningful guidelines for the content of more detailed land development and use regulations.
49
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1 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
2 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall
3 be implemented,in part,by the adoption and enforcement of appropriate local regulations on the
4 development of lands and waters within an area. It is the intent of this act that the adoption and
5 enforcement by a governing body of regulations for the development of land or the adoption and
6 enforcement by a governing body of a land development code for an area shall be based on, be
7 related to, and be a means of implementation for an adopted comprehensive plan as required by
8 this act.
9 VII. PROCESS
10
11 Land Development Code Amendments may be proposed by the Board of County Commissioners,
12 the Planning Commission, the Director of Planning, private application, or the owner or other X
13 person having a contractual interest in property to be affected by a proposed amendment. The 10
14 Director of Planning shall review and process applications as they are received and pass them onto
15 the Development Review Committee and the Planning Commission.
16
17 The Planning Commission shall hold at least one public hearing. The Planning Commission shall N
18 review the application, the reports and recommendations of the Department of Planning & as
19 Environmental Resources and the Development Review Committee and the testimony given at the 0-
20 public hearing. The Planning Commission shall submit its recommendations and findings to the
21 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the a
22 adoption of the proposed amendment, and considers the staff report, staff recommendation, 0
W
23 Planning Commission recommendation and the testimony given at the public hearing. The BOCC a
24 may adopt the proposed amendment based on one or more of the factors established in LDC 2
25 Section 102-158(d)(7).
26
27 VIII.STAFF RECOMMENDATION
28
29 Staff recommends approval of the proposed amendment.
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3
t
6 MONROE COUNTY, FLORIDA
F COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE OC . -2020
10
➢ 1
12 AN ORDINANCE BY THE MONROE COUNTY IAA D OF
13 COUNTY' COMMISSIONERS LADING MONROE COUNTY �
14 LAND DEVELOPMENT CODE SECTION 1. -24, RESIDENTIAL
15 ROGO ALLOCATIONS, TO EXTEND➢ THE TIME PERIOD OF
16 ROC ROGO THROUGH 2026; PROVIDING FOR SEV ILIT ; �
17 PROVIDING FOR REPEAL OF CONFLICTING LICTING PROVISIONS;
18 PROVIDING FOR TRANSMITTAL TO THE STATIC, LAN
9 PLANNING AGENCY Y 1 THE 1 SECRETARY F STATE; cv
20 PROVIDING FOR INCLUSION IN THE ICI . CIF COUNTY
21 CODE;F; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24
25
26 WHEREAS,on April 3, 2019 a cornMUnity meeting was held, as required by L DC:section
27 102-1 9(b)(3), to discuss the proposed. Comprehensive Plan and Land Development Code text
28 amendments, and to provide for public participation; and
29
30 I-IFREAS,the Monroe County Development Review Con-irnittee (DRC) considered and
31 reviewed the proposed arnendr ent at a regularly scheduled meeting held on the 28'h day of May,
32 20�19; and 0i
33
34 WHEREAS, staff is recommending approval of the proposed arnendrrrents to the Monroe
35 County Hand Development Code, Section 1.3 -24(a) to extend the time period of the Rate of
36 Growth Ordinance () O GO)) through 2026; and
37
38 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31, �
39 2019,. for review and recommendation on the proposed amendment; and
40
41 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
42 2019, for review and recommendation on the proposed amendment, and recommended approval
43 with changes through Resolution P33-19; and
44
Ordinance No. -2020 Page I of 5
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I WHEREAS, at a regularly scheduled meeting held on the 22 nd day of January, 2020, the
2 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
3 and provided for public comment and public participation in accordance with the requirements of
4 state law and the procedures adopted for public participation in the planning process; and
5
6 WHEREAS, based upon the documentation submitted and information provided in the
7 accompanying staff report, the BOCC makes the following Conclusions of Law:
8
9 1. The proposed amendment is consistent with the Goals,, Objectives and Policies of the
10 Monroe County Year 2030 Comprehensive Plan; and
11 2. The proposed amendment is consistent with the Principles for Guiding Development
12 for the Florida Keys Area of Critical State Concern, See. 380.0552(7), F.S.; and
13 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
E
14 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan
15 and the principles for guiding development, as required by Section 102-158 of the x
16 Monroe County Code.
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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19 Q
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20 Section 1. The Monroe County Land Development Code is hereby amended as follows:
21.
0
PuWo d Amendment (deletions are ,Inieken t additions are shown in underlined)
22 0
23 Chapter 138 — RATE OF GROWTH RESTRICTIONS (ROG Cal NROGO) 0
24 ARTICLE 11 —RESIDENTIAL RATE OF GROWTH LIMITATION (ROGO)
25
26 x
27 See. 138-24. Residential ROGO Allocations.
28 (a) Nara iber o 'available annual residential ROGO allocations. The number of market rate
29 residential ROGO allocations available in each subarea of the unincorporated county and the
30 total number of affordable residential ROGO allocations available countywide shall be as 0
31 follows: Iq I
32
Number of Dwelling Units
Subarea ROGO Years. ROGO, Years: C14
July 13, 2020- July j2,2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 E
July 13, 202L---July 12, 2023 July 13,_2025- July 12, 2026
Upper Keys 64- 31 30 <
Lower Keys 28
_Pi 0 94 4 Ig-Pine and Name Keys ...............................
Total market rate 4-2-6 64 62
iffbi-dable Dwelling Units
Ordinance No. -2020 Page 2 of 5
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Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
2
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013- July 126
71
12, 2014 U: 61, L:57, BPK/NNK: 8
July 13, 2014- July 126
12, 2015 U: 61, L:57, BP NIA: 8 71
.................. ....... E
July 13, 2015- July 126 <
71
12, 2016 U: 61, 57, L: , BPKIN NIA: 8 x
........................
July 13, 2016- July 1,26
12, 2017 U: 61, 1,:57, .BPK/NNK: 8
.......... .........
July 13, 2017- July 126
12, 2018 U 61, L:57, BPK/NNK,- 8
.....................
July 1.3, 2018- July 126
0
.12, 2019 U. 61, L:57, BPK/NNK: 8
................................................
July 13, 20119- July 126 0
12, 2020 U: 61, L:57, BPK/NNK: 8 0
.................
July 13, 2020- July 4,1664
12, 20121 U: 64- 3 1, L:54 29, BPKJNNK: 8 4 497 total AFH
x
July 13, 202 1- July 4-2664 (total available W
immediately)
12, 2022 U: 64- 31, L:57 29, BPK/NNK: 9 4
July 13, 2022- July 4-2664
12, 2023 U: 64- 31, L:57 29, BPK/NNK: -9 4
0
July 13, 2023- July 62 Iq
Iq
12,_2024 U: 30, L:28,, BPK/NNK: 4
July 13, 20124- Ji Ul 62
N
12, 2025 U. 30 L:28 BPK/NNK:
July 13, 2025- July 62 E
j 2,2026 U: 30, 1,-28, BPK/NNK: 4
Total 1,260, 710* <
*Includes two annual affordable ROGO allocation for, the Big Pine Key No Name Key
subarea through the Incidental Take Permit (JTP) e-nding in 2023.
3
4 The State of Florida,pursuant to Administration Commission Rules, may modify the annual
5 allocation rate. By July .12, 2018, if substantial financial support is provided by State and
Ordinance No. -2020 Page 3 of 5
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I Federal partners, the County may reevaluate the ROGO distribution allocation schedule and
2 consider an extended timeframe for the distribution of market rate allocations. If necessary,
3 Monroe County will request a Rule change from the Administration Commission to
4 authorize an alternative allocation timefrarne and rate.
5
6
7
8 Section 2. SeytEgbility. If any section, paragraph, subdivision, clause, sentence or
9 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
Iq
10 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
1.1 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
12 provision immediately involved in the controversy in which such judgment or decree shall be
13 rendered.
14 E
15 Section 3. Conflictinz Provisions. All ordinances or parts of ordinances in conflict with X
16 this ordinance are hereby repealed to-the extent of said conflict.
17
18 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
19 Planning Agency as required by F.S. 380.05 (11) and F.S. 380 0552(9). C14
CD
20 C14
21 Section 5. FilipyThis ordinance shall be filed in the Office of the Secretary of the State
22 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according 0
23 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
0
24 approving the ordinance, and if the final order is challenged, until the challenge to the order is (D
25 resolved pursuant to F.S. Chapter 120. 0
26
27 Section 6. Inclusion in the Monroe C2U1111_L24e.The provisions of this Ordinance shall 2
X
28 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
29 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
30 marking system of the Code.
31
32 Section 7. Effective Date. This ordinance shall become effective contingent on 0
33 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive Iq
34 Plan and as provided by law and stated above.
35
36 C14
37
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38 THIS SPACE INTENTIONALLY LEFT BLANK
39
40 SIGNATURES ON THE FOLLOWING PAGE
41
42
43
44
Ordinance No. -2020 Page 4 of 5
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1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4 Mayor Heather Carruthers
5 Mayor Pro Tein Michelle Coldiron
6 Commissioner Craig Cates
7 Commissioner Sylvia Murphy
8 Commissioner David Rice
9
10
BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
13
14 BY E
15 MAYOR HEATHER CARRUTHERS x
16 (SEAL)
17
18 ATTEST: KEVIN MADOK, CLERK
19 C14
Q
14
20 C
21 DEPUTY CLERK
0
0
a
0
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Itoe ATIORIWY
0
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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
102050 Overseas Highway,Suite 234
Key Largo, Florida 33037
x
Dear Mayor Murphy: g,
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
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 is
amendment pursuant to Section 163.3184(4)(e)1., F.S.
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, U
J es D.Stansbury,Chief
ureau of 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 ar°trnent of t':conornic:Opportunity B l'ah1wefi Building 1 107 E. Martl.son Street I Tallahassee, FL �1399
An equal op rrdunify ernplc erlprcgr rn,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 `l6fid r Relay Ser°arlce at 711,
Packet Pg. 2774
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
Portable Document Format(PDF)to the Department of Economic Opportunity and one copy to each E
entity below that provided timely comments to the local government:the appropriate Regional Planning X
Council;Water Management District; Department of Transportation; Department of Environmental
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
N
(county In amendments only);and the Department of Education (amendments relating to public Q
N
schools);and for certain local governments,the appropriate military installation and any other local
government or governmental agency that has filed a written request. 0
0
SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the a
0
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
X
.......................................Summary description oft e adoption package, including any amendments proposed but not is
adopted;
0
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
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Name,title, address,telephone, FAX number and e-mail address of local government contact; 0
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Letter signed by the chief elected official or the person designated by the local government. 0
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0
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments,changes should be shown in strike-through/underline format;
N
in the case of future land use map amendment,an adopted future land use map, in color
E
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. 2775
0.11.c
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:
cv
"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
Administration o ission enters a final order determining this adopted amendment to be in
compliance."
N
List of additional changes ade in the adopted amendment that the Department of Economic N
Opportunity did not previously review;
0
.........._................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. X
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rff cfuva.June 2,2011(Upda-ed,June 2018) - Page 2 of 2
Packet Pg. 2776
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.
M
GOVERNOR SECRETARY iami,FL 33 8 72-5800
cv
October 1 , 2019
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Cheryl Cioffari, AICP X
Assistant Director of Planning
Monroe County Planning and Environmental Resources
2798 Overseas Highway, Suite 410
C14
Marat6n, Florida 33050 Q
C14
0
object® Monroe County Comprehensive Plan Amendment
Policy 101.3.2 —Extend Time Period for ROGO - FDEO#19-0'7ACSC 0
a
0
Dear Ms. Cioffari:
X
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 0
focus of our review was on major transportation issues, including adverse impacts to
transportation facilities of state importance.
The District reviewed the proposed comprehensive plan amendment and found
that it would not have an adverse impact on transportation resources and facilities of
z
state importance. The District encourages Monroe County to include pedestrian and M
0
bicycle facilities, to promote a walkable and connected community consistent with ss. U
W
163.3177, Florida Statutes. In addition, the District recommends that Monroe County 0
W
continue to identify and address the needs of all modes of travel, including public z
0
transportation.
Please contact me at 305-470-5393 if you have any questions concerning our
comments.
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7wy,
_J
Sh4m,4ibSYee Fong
Transportation Planner IV
www.fdot.gov
Packet Pg. 2777
DocuSign Envelope ID:2B313F94-8720-4309-AIAD-84C5B93EB1 16
Ms. Cheryl Cioffari
October 15, 2019
Page 2
Cc: 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 E
Isabel Moreno, South Florida Regional Planning Council
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0.11.c
OFFICE OF THE COMMISSIONER �' THE CAPITOL
(850)617-77 s W, b 400 SOUTH MONROE STREET
TA.L.I,AHASSEES,FLORIDA 3239 -080 3
COMMISSIONER ico "'NIKKC FRIES
.............................. ........N. ...........�...� .mm������������������������������������ �����������m�����������������m������������������������, �
November B,2019
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VIA EMAIL(cioffarl-cheryl monroecoauirnty-flm ov) t3
Ms.Cheryl Cioffari
Monroe County Planning and Environmental cv
Resources
2798 Overseas Highway,Suite 410
Marathon,Florida 3305
Tie: DACS(Docket T#--2 191011-139
Monroe County CIP Policy 101.3.2
Submission dated October 7,2019
Dear Ms.0offarie .�
oa3
The Florida Department of Agriculture and ConsurneirServlces(the"Departrrnernt") received the above-
referenced proposed comprehensive darn amendment on October 11,2019 and has reviewed It Zj
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 arnendrnent(,$)are adopted. Based on our review of your cou my"s submission,
the Department has no comment on the proposal.
If we may be of further assistance,please do not hesitate to contact-me at 850- 10-2 82,
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Sincerely,
Thorrnas IPoucl°uer
Budget Director
Office Of(Polk-.y and Budget
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cc: Florida Department of Economic Opportunity �
(SLPA : Monroe County 19-07 ACSQ
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Packet Pg. 2779
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
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Dear Mr. Eubanks:
The South Florida Water Management District (District) has completed its review of the two E
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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 0
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 0
338l Gun Club Road
West Palm Beach, FL 33406
Phone: 56I'682'6779
Fax: 56I'681-6264
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Packet Pg. 2780
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To:
,
Subjects (EXTERNAL]-Monroe County 19-7ACSC Proposed
Date: Thursday,November 07,2019 2:43:31 PM
Attachments. ftnage,001ola
To: Ray Eubanks, DEO Ilan Review Administrator
Monroe County y 1 ®7 C C;—State Coordinated Revie of Proposed Comprehensive
prehensive �
Flan Amendment
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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.
0
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(850) 717-9037,
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Packet Pg. 2781
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
Chapter 163.3184(4),Florida Statutes. We have no comments, recommendations,or
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objections related to listed species and their habitat or other fish and wildlife resources to offer
on this amendment. x
If you need any further assistance,please do not hesitate to contact our office by email at
If you have specific technical questions,
please contact Vicki Garcia at(561) 882-5711 or by email at
cv
Sincerely,
0
Ted Hoehn 0
Biological Administrator 11 0
Office of Conservation Planning Services
Division of Habitat and Species Conservation
620 South Meridian Street,MS 5135 x
Tallahassee,FL 32399-1600
(850)488-8792
Monroe County 19-7ACSC40484110119 0
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