Item O06 o.s
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: 0.6
Agenda Item Summary #6794
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider a resolution by the Monroe County
Board of County Commissioners transmitting to the state land planning agency an ordinance by the
Monroe County Board of County Commissioners amending Monroe County Comprehensive Plan
Policies 101.3.1, 101.3.5 and 101.3.8 to allow the interchangeability of mobile homes and RVs
within Venture Out and eliminating the possibility to transfer ROGO exemptions from Venture Out
to other locations outside of the Venture Out community, as proposed by Smith/Hawks, PL on
behalf of Venture Out at Cudjoe Cay Condominium Association. (File 42019-066)
ITEM BACKGROUND:
On April 11, 2019, the Planning and Environmental Resources Department received an application
from Barton W. Smith of Smith/Hawks PL (the "Agent") on behalf of Venture Out at Cudjoe Cay
Condominium Association (the "Applicant,") to amend Monroe County Land Development Code
(LDC) Section 114-67 to allow for alternate parking off-street parking requirements specific to
Venture Out and Code Section 138-22 and to allow the interchangeability of mobile homes and RVs
within Venture Out. On June 26, 2019, the Applicant submitted a revised application with additional
information and provided supplemental information on October 22, 2019.
On February 11, 2020, the Applicant submitted a revised application (the "Application"), replacing
the proposed text amendment to the LDC with a proposed text amendment to the 2030 Monroe
County Comprehensive Plan (the "Comprehensive Plan"). The Applicant is proposing to amend
Comprehensive Plan Policy 101.3.1 to allow the interchangeability of mobile homes and RVs within
Venture Out and eliminating the possibility to transfer ROGO exemptions from Venture Out to other
locations outside of the Venture Out community
In the application materials, the Applicant states the reasons and basis for the proposed amendment
is:
Venture Out is a controller access gated, master planned community developed prior to the
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Venture Out's development as a separate and distinct master planned community is unique to the
Florida Keys as it is approximately over 60 acres in size located at mile marker 23 on Cudjoe Key.
The aerial photograph marked below shows the Venture Out community.
Venture Out was submitted to the condominium Form of ownership in 1971. Venture Out at
C:udjoc Cay, Inc. membership consists of each lot owner in Venture Out. Venture Out has
subjected itself and each property owner within Venture Out to a master development plan, which
amongst ether covenants and restrictions has adopted rules and restrictions ("Rules and
Restrictions"), to protect the community character and provide for the orderly management of
Venture Out. A copy of which is enclosed as Exhibit A.
The entirety of Venture Out is within the zoning district classified as Urban Residential
Mobile Home- limited district ("URM-L"), as shown on the photograph below:
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The Applicant's full explanation and justification of the proposed amendments is included in the file
for the application (File#2019-066).
Concept Meeting
In accordance with LDC Section 102-158(a), a concept meeting was held on October 15, 2019 to
discuss proposed LDC text amendment. It was determined that the proposed text amendment will
not have a county-wide impact because the proposed amendment is limited to Venture Out on
Cudj oe Key.
A second concept meeting was held on January 8, 2020 to discuss the proposed Comprehensive Plan
Text amendment. It was determined that the proposed text amendment will not have a county-wide
impact because the proposed amendment is limited to Venture Out on Cudjoe Key.
Community Meeting and Public Participation
A community meeting is not required for this application [Ref. LDC Section 102-159(b)(3)].
Development Review Committee and Public Input
At a regular meeting held on May 26, 2020, the Development Review Committee (DRC) considered
the proposed Land Development text amendment, and provided for public comment.
Planning Commission and Public Input
The Planning Commission considered the applicant's proposed amendment, as well as staff-
recommended edits, at a regular meeting on May 27, 2020, and provided for public input. The
Planning Commission recommended approval with changes, as discussed during the hearing,
through Resolution P12-20. The Planning Commission recommended adding the following two
requirements to the applicant's proposed amendment and staffs recommended edits:
1. Venture Out Condominium Association shall provide an annual report to Monroe County by
June 1st to identify the number of RVs, locations (parcel IDs) and property owners, and a
copy of the notification provided to the RV's parcels regarding the mandatory evacuation
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provisions in the County and the Venture Out Community. Additionally, the Venture Out
Condominium Association shall provide reports to Monroe County after each major
hurricane (Category 35), within 30 days of the storm event, that identify the owners and
parcels with RVs that did not evacuate. Venture Out Community authorizes Monroe County
to conduct all necessary site visits and inspections on the subject property; and
2. Any parcel with a permitted RV on the parcel that is not removed and evacuated with a
mandatory evacuation, shall be restricted from having a Recreational Vehicle as a permitted
as of right use and shall be required to remove the RV and may apply for building permits for
a mobile home use. The Venture Out Condominium Association shall track and annually
report to Monroe County of the non-compliant properties. Monroe County shall execute a
deed restriction on such parcel(s) eliminating RV uses on such parcel(s), subsequent to a
finding of violation by the Monroe County Code Compliance Special Magistrate.
Analysis of Proposed Amendment and Staff-recommended Changes
Staff is recommending edits to the Applicant's proposal in an effort to provide for internal
consistency of the Comprehensive Plan.
Staff edits are included to address the Applicant's statement in the February 11, 2019 revised
application that:
• "...the amendment is consistent with County Comp. Plan Goal 215 by requiring the
occupants of Venture Out's units/lots to evacuate "48 hours in advance of tropical storm
winds", which exceed Comp Plan Policy 215.1.4 requirement that requires mobiles to
evacuate within thirty-six (36) hours of tropical storm winds."
• "Under the current Code, mobile homes are considered permanent residences, whereas RVs
are transient units, which are limited to short term use. Pursuant to Sec. 101-1 of the Code,
the "tenancy of an occupied recreational vehicle upon a lawful residential vehicle space" is
limited to less than six (6) months. Sec. 130-100(a) of the Code establishes the uses that are
permitted as of right in the URM-L zoning district. Pursuant to Sec. 130-100(a)(5) tourist
housing uses, including vacation rental uses, are permitted as of right in gated communities
that have: "(A) [c]onrrolled access; and (B) [a] homeowner's or property owner's association
that expressly regulates or manages vacation rental uses[.]" Venture Out, is a gated
community with controlled access and a property owner's association that expressly regulates
or manages vacation rental uses, and as such meets this definition."
• "...the amendment will allow 659 of Venture Out's lots, which are zoned URM-L to
maintain their historically utilized right to interchange a lot's use between mobile home and
recreational vehicle, as a site-specific exemption, contained entirely to within the boundaries
of Venture Out."
• "Since Venture Out was submitted to the condominium form of ownership in 1971,
interchangeability between mobile homes and RV s has continuously occurred, and been
recognized and approved by the County...Exhibit E, serve as definitive proof that
interchangeability between mobile homes and RVs has not only been historically occurring
within Venture Out, but that the County has continuously recognized and permitted it."
Evacuation
The Applicant did not provide any language requiring the occupants Venture Out's units/lots to
evacuate "48 hours in advance of tropical storm winds". Therefore, Staff is recommending language
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to ensure that the proposed amendment is consistent with Comprehensive Plan Goal 215 by
requiring the occupants Venture Out's units/lots to evacuate 48 hours in advance of tropical storm
winds.
Interchangeability
The Comprehensive Plan and Land Development Code (LDC) provide well defined land use
provisions, growth management provisions implemented mainly through the ROGO system, tier
system and hurricane evacuation policies as well as a glossary with specific and clear definitions
within both documents. In reviewing these provisions, the distinctions between unit types are clear
and purposeful.
The Applicant's opinion that having a vacation rental exemption supports the interchangeability is
inconsistent with the LDC definition of "vacation rental or unit" which means "an attached or
detached dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration.
Vacation rental use does not include hotels, motels, and RV spaces, which are specifically addressed
in each district." Further, the opinion would imply that other permanent residential single family
dwelling units with the authorization to use the unit as a vacation rental, could claim the permanent
units are interchangeable as transient units and further impact the community character of residential
neighborhoods.
Furthermore, the definitions within the Glossary and guidance provided through Policy 101.3.5
indicate that transient units and mobile home units are two distinct and different types of units.
Policy 101.3.5 clearly states that if the transient unit was in existence prior to January 4, 1996, then it
shall remain a transient unit (Lawfully established transient units shall be entitled to one unit for
each type of unit in existence before January 4, 1996 for use as a ROGO exemption). Section 130-
163 of the LDC also states: "Notwithstanding the provisions of sections 130-157 and 130-162, the
owners of land upon which a lawfully established dwelling unit, mobile home, or transient unit
exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January
4, 1996..." The LDC and Comprehensive Plan are clear in that "park model" recreational vehicles
constructed as permanent units, can be treated as mobile homes.
Venture Out has a FLUM designation of Residential High (RH) and a zoning designation of Urban
Residential Mobile Home — Limited (URM-L). These designations provide for uses permitted as of
right (requires a building permit) of `Mobile homes' and `Recreational vehicles in a registered RV
park or park trailers commonly known as `park models' as defined in F.S. 320.01.' A "park model"
may be approved as a mobile home use, if built as a permanent unit (i.e. elevation requirements,
anchoring, etc.), or may be approved as an RV use, if it is on its wheels or internal jacking system
and attached to this site only by the quick disconnect-type utilities (i.e. road ready and not built as a
permanent unit). The definitions provided above clearly outline this distinction.
This is analogous to a modular building which may be approved as a temporary construction office,
or a permanent office use, commercial retail use, or light industrial use. Similarly, there are modular
home buildings. While the off-site prefabricated structure may be essentially the same building, a
specific land use must be approved, consistent with the corresponding map designations and have
construction requirements. Even if all the example land uses listed were listed as permitted as of
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right within the zoning designation, the owner/applicant could not simply interchange the use
without County approval and meeting any other comprehensive plan and LDC requirements.
The Applicant asserts that there have been demolition permits issued for travel trailers with a
notation that "concrete slab is to remain for the use of an RV parking space according to submitted
plans". A travel trailer is defined as a recreational vehicle. Therefore, allowing the property to be
used for a recreational vehicle would be appropriate and permissible by Code. The Applicant further
identifies two (2) specific lots and asserts allowed replacement of recreational vehicles with mobile
homes.
• Lot 55 was issued a replacement RV trailer (the permit application indicates scope of work
as "new park model") in 1988 through Permit 8810256. Subsequently, Lot 55 was issued a
certificate of occupancy for mobile home replacement in 2005 through Permit 03102962.
• Lot 279 was issued Permit 900100797on April 27, 1990 to "replace park model".
Subsequently, Lot 279 was issued Permit 04104969 on December 15, 2004 to "replace
mobile home with 840 SF park model". The notes within the file of Permit 04104969 states
"Permit Approval to remove existing mobile home with 840 SF mobile home with A/C, 700
SF slab, 140 SF enclosure, 305 SF porches and stairs, 231 SF awnings and pea rock
landscaping per sealed plans in file."
Based on a review of the permits identified by the Applicant on Lot 55, it is unclear how approval
was granted changing a unit from a recreational vehicle (RV) to a mobile home. The
Comprehensive Plan in effect at the time did not permit such a change. The current Comprehensive
Plan and LDC do not allow residential units to be interchangeable with transient units or vice versa—
due to the adopted the ROGO system for specific unit types and the associated hurricane evacuation
policies by unit types. The Comprehensive Plan and LDC protect lawfully established units and
allow for the replacement of the unit for each type of unit in existence (as originally allowed or
permitted).
Based on a review of the permits identified by the Applicant on Lot 279, a park model replaced the a
mobile home. As noted above, a "park model" may be approved as a mobile home use, if built as a
permanent unit (i.e. elevation requirements, anchoring, etc.). Further, the contents of Permit
04104969 includes a letter from Venture Out indicating the property owner "has permission from
venture out at Cudjoe Key, Inc. to construct: Mobile home replacement, remove existing home...".
Therefore, it is clear that in the case of Lot 279, a mobile home was replaced by a mobile home. No
interchangeability was approved.
As noted above, for the Applicant's proposed text, as submitted on February 11, 2020, additions are
shown in underlined, deletions are stfi ke *h-,,,,o. Staff proposed amendments and Planning
Commission recommended additions as approved through Resolution P12-20, are shown as
additions in red Underline, deletions are -t The two additional items
recommended by the Planning Commission at the public hearing are also highlighted in y ellow.
Objective 101.3
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Monroe County shall regulate new residential development based upon the finite carrying capacity
of the natural and man-made systems and the growth capacity while maintaining a maximum
hurricane evacuation clearance time of 24 hours.
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential development known
as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall
limit the number of permits issued for new residential dwelling units. The ROGO allocation system
shall apply within the unincorporated area of the county, excluding areas within the county mainland
and within the Ocean Reef planned development (Future development in the Ocean Reef planned
development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
recognized and issued by the Department of Community Affairs). New residential dwelling units
included in the ROGO allocation system include the following: affordable housing units; market rate
dwelling units; mobile homes; and institutional residential units (except hospital rooms).
Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under
no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred
upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not
considered ROGO allocation awards, and may not be used as the basis for any type of ROGO
exemption or THE(Transfer of ROGO Exemption).
ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and
seasonal residential units are subject to Policy 101.3.5.
For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
within the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe Key,_
that does not increase the number of units, above that which existed on or before January 4, 1996
shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and 101.6.8 shall not
apply to Venture Out, and the units within Venture Out may be developed as either mobile home or
recreational vehicle use through the approval of a building�permit,
i, fao riot mcrease the JILITTicati c-vaCi,Latioti clearaticte �iii-ie crf` eni-iatietit residetits iti the
c-vctit of` rt eticlitiu iiigior iILITTi� rie
oc ti rttits cif UtlitS W itllitl lo-'etItUre QL[t tff,14S re =ardiess cif Utlit���� �� r�.c�r�ir-ed at least 48
110LIT-S iti aclv sort of tro it al stoni-i ;t itids A,p.i2Egc c.ly 48 110LIt-S iti ads.sort, cif tro it 1l
stun i witicts rt iiiatidatory e-vaCi,Latioti of c��t�� ttr��� tesiclim� iti a rtiiiati tlt Utlit sbaii be
initiated and rt i iatidatory evaCi,Latioti off otb the OCCU atits of`re reatiotial -v.bides (Lso`s.
acid the Lso s shall be itiitiatecl�
2. Verkt��re `tt �lrtt it i �r 1 ;tt °i it t 'i II i n .i n � 1 t' . ttt Ott 1 t t t'rt �'tt st y
by JUrk I" to i tritlby th lUnil�tr f���_ Ir)�°��ir t�; � �r'c°�I f :� -r� .itrt,p�t�y rtxy tktt;9 atk
C`s7 C7f l"� 1'Es) C CC' C )1E I I"fit 't l l t, t s <rt ,Is t r at' 1imu the tCl<rr1d<�I;Ct['� ctC;ll;rl;r�tl1
rtt.�;it r ; ire lrt �`tt �r r lr r r tr r °ctninILIT11ty, Adds io-it 11v the V rktur
(Xit CortclrindfliUni Association shall I2r'tt,Jd re.ILttrts art M(.rtroe Co-urktv qft r. each rrig`r)r..
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hUtticane( if,/ the otwn tr
and..p tcel, xyith RV that o io Cott e aCLi�te, Ventut� �Xtt f.`otninI I JIt:y authorizes MotLime
COLIT"IttV t0 o~ot'fdUct all tiecessary site visits and insp ctCons on the s�i1joct, nspe 'ty,
l o. � t o.t t" t col tc cto tttiott l .o.lticic. t t io.t t rises miav OCCL11- 0t1lV within the gated
`s'etItUre QL[t c01€1€LItlitV with a mianot.,OnU entity re.s onsibie for c.
Recreational `s'ehicle OccLtyancies or tenancies oaf six W, nio nths ott jnD-iore i. tc11ihito.c1
5, Recreational `s'ehicles 11IL[St nwet all land d vc to n-ient re o-Ul��ic
6, A recreational nal ,ehicle 11IL[St have CUrtent licenses re ji,lired for highway travell be attached
to the site only �� tlto, olo�icl�: oli�cott�t�o.ct-t��o. ��til�tio.� tt�ol trot l�cttt �tient additions UCh as
SLM rooms or Mato, roo n-is hall be
7. Anv .pat el xy ith a..lterniitted RV on the.. atcal that is not fvni ovcol and.._e aoLiated with a
tttandato tty evacuation hall be fvstficted fto ni havlm� a R ctoiatio-nal Vehicle as a
of"ttitt of of tit ltt �; ,at of hall Igo tctlF�it of tot t ni - e the RV and ma.�v�t)PLY fort.
bu'lo ing ..l�ettttits fort a mo bile hotm Use, I-li Ventut� ���it f°ottiolot��iitli��t�i 1� ;ttt°iatittt�
hall track and aTITILiall,y t.epott't to Mo Liro e County of the not-n co m liant tto, ottie:.
Mo Liro e County shall exeCLtte a deed fvsttictio n on s,ticli )atcel } (litiiitkatii�� IZV Lries on
vLIclt ..Marcel .s.):9 subsao,luent to a finding of violation by the Mo Lino e County Code
Compliance Special Magistrate,
8. Nottw ithstandina the transfel Into 111sio tis Within f1o1icy I01.0.S,, riot unit..
f , itltit tlto. `�-o.t tc to. ( t t co €�€t t itf Inc t�ansff tred to another site OLItSide of the
`s'etItUre QL[t cote€11-1unit ;—and
9, Its no cage shall recreational nal c hicle s (tra sietlt UtHtS f Inc d -e to ed as a hotel I iottel.
PREVIOUS RELEVANT BOCC ACTION:
Board of County Commissioners Meeting
At the January 23, 2019 regular BOCC meeting, there was a Sounding Board discussion item by
Bart Smith, Esq. on behalf of Venture Out of Cudjoe Cay Condominium, Inc., to discuss pending
recovery issues at the park. The BOCC took no action on the sounding board discussion item.
The request stated: [T]o discuss the current stayed pending code enforcement cases at Venture Out
and the ability to obtain and close after-the fact demolition permits for trailers at Venture Out due to
concrete pads that will remain and the effects the foregoing has had on the alienability of real
property at Venture Out. My client would also request the Sounding Board to include a discussion
on proceeding with an amendment to the allow for the interchangeability of mobile homes and RVs
in Venture Out, which is zoned Urban Residential Mobile Home - Limited (URM-L), which zoning
district only permits mobile homes and RVs and Venture Out is permitted to already short-term rent
both the mobile homes and RVs.
During the item, Bart Smith described issues with redevelopment following Hurricane Irma and
stated until Hurricane Irma `people pulled permits to change out a mobile home for an RV or a
mobile home to demolish and put an RV.' Mr. Smith describes with the storm there is significant
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destruction and damage, there are issues after-the-fact demo.
permits related to concrete pads and electric pedestals. Mr.
Smith also describes a perceived conflict between the
definition of mobile homes (permanent units) and RVs �v,
(transient units) and that the County is not allowing the � ev
interchangeability between the uses. Mr. Smith describes '
that Venture should be allowed to interchange because of the
URM-L zoning district list both uses of as-of-right uses and
the existing ability to rent the units as vacation rentals
supports the interchangeability. "
4
There is an overall discussion of determining the type of
lawful-ROGO exemption and that the ROGO-exemptions for
each property within Venture Out is not known and that
allowing interchangeability of mobile homes and RVs could
create more hotel units. The discussion also includes that
ROGO exemptions and zoning are both considerations for
issuing approvals for a property. The discussion includes
trying to determine how many units are permanent versus
transient. There is brief discussion that the interchangeability
may have hurricane model implications and that a code
amendment submission should include that units cannot be
transferred offsite (to not create more hotel units and
displace de facto affordable housing). There is a brieff�.'
discussion of requiring deed restrictions on units —vesting of
the units. The discussion includes that staff assumed Mr.
Smith would be submitting an application for a text
amendment. Mr. Smith states: "I will gladly submit an amendment that will be vetted by staff, we
will work together." As required by BOCC rules, the BOCC took no action.
The Venture Out community is located in the lower keys on Cudjoe Key and is situated
approximately at mile marker 23 of the Overseas Highway (on the Atlantic Ocean side). The
Venture Out community has a FLUM designation of Residential High (RH) and a zoning
designation of Urban Residential Mobile Home—Limited(URM-L).
In 1970, the Board of County Commissioners passed and adopted Resolution 122-970, which
approved the plat for Venture Out. The plat is recorded in Plat Book 6 Page 56 (1 of 8), creating 659
platted lots and numerous common use areas.
In 1986, with the adoption of the Zoning Maps (referred to as the Pattison maps), the subject
property was designated Urban Residential Mobile Home (URM).
In 1991, the Board of County Commissioners passed and adopted Ordinance 024-1991, which
amended the Land Use District designation of the subject property from Urban Residential Mobile
Home (URM)to Urban Residential Mobile Home Limited (URM-L).
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In 1997, with the adoption of the Comprehensive Plan's FLUM, the subject property was given the
current FLUM designation of Residential High (RH).
Comprehensive Plan Policy 101.5.4 states, "The principal purpose of the Residential High (RH)
future land use category is to provide for high-density single-family, multi-family, and institutional
residential development, including mobile homes and manufactured housing, located near
employment centers."
Land Development Code Section 130-53 states, "The purpose of the URM-L district is to recognize
the existence of parks and subdivisions which consist exclusively, or almost exclusively, of mobile
homes, but not to create new such areas, in order to permit property owners in such areas to replace
or establish mobile homes below base flood elevation as authorized by certified federal regulations."
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Staff recommend approval with Staff s recommended edited
language.
DOCUMENTATION:
2019-066 Transmittal Reso
2019-066 Ordinance DRAFT
2019-066 BOCC SR 06.17.2020
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:
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REVIEWED BY:
Emily Schemper Completed 05/27/2020 11:37 PM
Steve Williams Completed 05/28/2020 2:36 PM
Maureen Proffitt Completed 05/29/2020 1:26 PM
Assistant County Administrator Christine Hurley Completed
05/29/2020 2:39 PM
Purchasing Completed 05/29/2020 3:26 PM
Budget and Finance Completed 05/29/2020 4:37 PM
Maria Slavik Completed 05/30/2020 7:47 AM
Kathy Peters Completed 06/01/2020 8:53 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2020
10
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12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING POLICIES 101.3.1, W
CL
14 101.3.5, AND 101.6.8 OF THE MONROE COUNTY 2030
15 COMPREHENSIVE PLAN TO ALLOW THE
16 INTERCHANGEABILITY OF MOBILE HOME AND RV USES "?
17 WITHIN VENTURE OUT ON CUDJOE KEY, AND
18 ELIMINATING THE POSSIBILITY TO TRANSFER ROGO
19 EXEMPTIONS FROM VENTURE OUT TO OTHER LOCATIONS
CL
20 OUTSIDE OF THE VENTURE OUT COMMUNITY, AS
21 PROPOSED BY SMITH/HAWKS, PL ON BEHALF OF VENTURE �?
22 OUT AT CUDJOE CAY CONDOMINIUM ASSOCIATION;
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 2
24 OF CONFLICTING PROVISIONS; PROVIDING FOR
25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY >
26 AND THE SECRETARY OF STATE; PROVIDING FOR
27 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
28 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File 209-066)
29 _
30 E
31
32 WHEREAS, the Monroe County Board of County Commissioners conducted a public
33 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
34 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
36 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
37 Year 2030 Comprehensive Plan as described above; and E
38
39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
40 of County Commissioners support the requested text amendment;
41
42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
44
Resolution No. -2020 Page 1 of 2
BOCC Transmittal: File 2019-043
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45 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
46 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
47 for adoption of the proposed text amendment.
48
49 Section 2. The Board of County Commissioners does hereby transmit the proposed
50 amendment to the State Land Planning Agency for review and comment in
51 accordance with the State Coordinated Review process pursuant to Section
52 163.3184(4), Florida Statutes.
53
54 Section 3. The Monroe County staff is given authority to prepare and submit the required
55 transmittal letter and supporting documents for the proposed amendment in
56 accordance with the requirements of Section 163.3184(4), Florida Statutes.
57 W
58 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of thisCL
59 resolution to the Director of Planning.
60 ai
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
62 Florida, at a regular meeting of the Board held on the day of , 2020.
63
64 CL
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65 Mayor Heather Carruthers, District 3
66 Mayor Pro Tem Michelle Coldiron, District 2
67 Commissioner Craig Cates, District 1 2
68 Commissioner David Rice, District 4
69 Commissioner Sylvia Murphy, District 5
70 `✓
0
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72
73 BOARD OF COUNTY COMMISSIONERS
74 OF MONROE COUNTY, FLORIDA E
75
76 BY
77 MAYOR HEATHER CARRUTHERS
78
79 (SEAL)
80
81 ATTEST: KEVIN MADOK, CLERK E
82
83
84 DEPUTY CLERK
A
ro
HT.WtLUAMAASSISTANT QQtWTY TTORAW
DEIW ,:,,.
Resolution No. -2020 Page 2 of 2
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2020 }lkk���
10
12 AN ORDINANCE BY THE MONROE COIF `r��NPOARD OF
13 COUNTY COMMISSIONERS AMENDIN ��1,'�,POL 101.3.1,
14 101.3.5, AND 101.6.8 OF THE MQ OF COS, 2030 �?
„>a,
15 COMPREHENSIVE PLAN � O ALLOvi
W
16 INTERCHANGEABILITY OF MQ=#` E HOME AND RV �t. S46
17 WITHIN VENTURE OUT ON CU3�,`I�10�, s Y,� j) ELIMINATi 18 THE POSSIBILITY TO TRANSFER RO � �"PTIONS FRM
�, �i
19 VENTURE OUT TO OTHER LOCATIOj:' OUTSIDE OF THE
20 VENTURE OUT CO' UNITY, A ''",PROPOSED BY
21 SMITH/HAWKS PL ON ,, ALF OF V ��, R OUT AT
';� y�� � �� � tin''' �
22 CUDJOE CAY CONDOMIII � v1�� SOCIATI 'PROVIDING
23 FOR SEVERABILITY; PR � `REPEAL OF
24 CONFLICTING PROVISIONS' R,� ID TRANSMITTAL
25 TO THE It s l t21LAND PL,,' NING AGENCY AND THE >
26 SECRET � OF �IPJATE; PROVE ING FOR INCLUSION IN THE
27 MONROE '# 'f1.
�f= UNTY S{ MPREH PLAN; PROVIDING FOR
28 AN EFFECT' `f , ,File 201
,�� F 0' �
s? DX
I���S �,�tsy;i�'l��h i�Chi
i
29 } ,��,�1',,tis4>�3�,ti '' c�
30
31 TEREAS, d�i�� " fil 11 3� � 9 the Planning and Environmental Resources Department =a
32 recei � " application i"i�'Barton mith of Smith/Hawks PL (the "Agent") on behalf of ®i
o f4��s3�Si��(s I t. ��� "Applicant,")
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33 Venture �'° � t Cudjoe Cay��� ,� ndom> Ium Association (the Applicant ) to amend the Monroe
34 County Landsrvelopment Q�r e Section 114-67 to allow for alternate parking off-street parking
57
35 requirements fic to ture Out and amending Section 138-22 and to allow the
36 interchangeabilit ids ,1, obll{el} omes and RVs within Venture Out; and
37
38 WHEREAS, � ��`June 26, 2019, the Applicant submitted a revised application with
39 additional informatioriand provided supplemental information on October 22, 2019;
40
41 WHEREAS, on February 11, 2020, the Applicant submitted a revised application (the
42 "Application"), replacing the proposed text amendment to the LDC with a proposed text
43 amendment to the 2030 Monroe County Comprehensive Plan (the"Comprehensive Plan");
44
45 WHEREAS, the Applicant is proposing to amend Comprehensive Plan Policy 101.3.1 to
46 allow the interchangeability of mobile homes and RVs within Venture Out and eliminating the
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I possibility to transfer ROGO exemptions from Venture Out to other locations outside of the
2 Venture Out community;
3
4 WHEREAS, the proposed amendment may impact Comprehensive Plan Policies 101.3.5
5 and 101.3.8 and therefore staff is recommending changes to the proposed amendment to ensure
6 internal consistency with the adopted Comprehensive Plan;
7
8 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
9 considered the proposed amendment at a regularly scheduled meeting l on May 26, 2020; and
10
E
11 WHEREAS,the Monroe County Planning Commission � �1 public hearing on May 27, �C
12 2020, for review and recommendation of approval with chan as ��pssed during the hearing a,
13 on the proposed Comprehensive Plan text amendment an a ��i�� >>��� $ CL
CL
14
15 WHEREAS, based upon the information documentation submit1 the Planning �?
�i5 �9 , �i���t��ii5l�sip�d
16 Commission made the following Findings of Facb�` i� onclusioqs of Law. , �1h�
17 1. The proposed amendment is consistent wi"'I G st,"�'�u�bjectives andPolicies of the
18 Monroe County Year 2030 Comprehensive I d CL
19 2. The proposed amendment is�s nsistent with the #' ciples for Guiding Development a.
20 for the Florida Keys Area of fate Concern'' ' 380 0552 7 F.S.' and
21 3. The proposed amendment is colty s"id Part H of C; ter 163, Florida Statute; O
22 4. The proposed amendment will no xesu i�}, g,# verse �, ,tinge in community character 2
23 to the sub-area which a proposed a, en ent afi �>�� 4 to any area in accordance with
24 the Lower Ke� S CommuniK master ply pursuant to findings of the BOCC; >
25 and �i
26 >>r;1 ��
27 WHEREAS the Monr� 1N ou ,annin C0 ission adopted Resolution No. P12-20
r��1s����`1Uh�}�ani,,
28 recommendm val with' h6C3 �' `during the hearing of the proposed amendment.
y,j,y t C 4�0 }
29 The Plann ���� s redended a t ions to the changes are as follows:
30IF
31 Venture Out �; ��lomim� �1�;Association shall provide an annual report to Monroe
4 si�� r�. 1�4�} ` p p �I
32 Cad by June 1 pr�ldentif the number of RVs locations (parcel IDs) and property
33 own��`�� �4��z�and a copy �� the notification provided to the RV's parcels regarding the
34 mandaa�s��� evacuati provisions in the County and the Venture Out
�,
Qb
35 Commumty',,f,� ddit �a�all the Venture Out Condominium Association shall provide
� ��� y�
36 reports to Md` � s�0ounty after each major hurricane (Category 35), within 30 days of
s1tti�
37 the storm eve at identify the owners and parcels with RVs that did not evacuate.
4{'
38 Venture Out Community authorizes Monroe County to conduct all necessary site visits and
39 inspections on the subject property; and
40
41 2. Any parcel with a permitted RV on the parcel that is not removed and evacuated with
42 a mandatory evacuation, shall be restricted from having a Recreational Vehicle as a
43 permitted as of right use and shall be required to remove the RV and may apply for building
44 permits for a mobile home use. The Venture Out Condominium Association shall track and
45 annually report to Monroe County of the non-compliant properties. Monroe County shall
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I execute a deed restriction on such parcel(s) eliminating RV uses on such parcel(s),
2 subsequent to a finding of violation by the Monroe County Code Compliance Special
3 Magistrate;
4
5 WHEREAS, at a regular meeting held on the 17th day of June, 2020, the Monroe County
6 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
7 text amendment, considered the staff report and provided for public comment and public
8 participation in accordance with the requirements of state law and th procedures adopted for
9 public participation in the planning process; and
10 u�(VI������ �t�t�� `C
11 WHEREAS, at the June 17 2020 public hearing t ,considered the proposed
t> , � p p w
„}�
12 Ordinance and transmitted the proposed text amendment tq th fate L '' fanning Agency; and c.
13
14 WHEREAS, the State Land Planning Age reviewed the amend ' and issued an
{iTi�} lf���}��
15 Objections, Recommendations and Comments (C `� � ort on% 20 ��'�,'�F' ceived by
r
16 the County on 20 ; and �� � ' 4111
17
18 WHEREAS, the ORC report dtd�,��did not identify a ���9, jections, recommendations or
19 comments; and
20
21 WHEREAS, the County has 180 da� .fro�II hize"', eipt of the ORC to adopt the
22 proposed amendment, ads endment wi �,,fi anges or �t adopt the amendment and >
� W
23
24 WHEREAS;}'��''� � �gularlyj,, heduled mee is n the day of 20 the
25 BOCC held a public he ;� to,� � er adoptif the proposed Comprehensive Plan text i
�����>>,'i„}IIUi "��a10Mi�11011,11�lllllllii��hl a t{ �l�,Ili'
26 amendment,
27 , lt{�I` �ilu
28 NOW��1�1�r HEREFOREy�7 E � AINED BY THE BOARD OF COUNTY
30 COM1 Tt$kv BONERS OF OUNTY, FLORIDA:
gi
31 Section 1. �� ex t of the onroe County Comprehensive Plan is hereby amended as follows
32 D t s art `�hown ; additions are shown underlined
33
34
35 Objective 101.3
36 Monroe County shall regulate new residential development based upon the finite carrying capacity
37 of the natural and man-made systems and the growth capacity while maintaining a maximum
38 hurricane evacuation clearance time of 24 hours.
39
40 Policy 101.3.1
41 Monroe County shall maintain a Permit Allocation System for new residential development known
42 as the Residential Rate of Growth Ordinance(ROGO)System. The Permit Allocation System shall
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I limit the number of permits issued for new residential dwelling units. The ROGO allocation system
2 shall apply within the unincorporated area of the county, excluding areas within the county
3 mainland and within the Ocean Reef planned development(Future development in the Ocean Reef
4 planned development is based upon the December 2010 Ocean Reef Club Vested Development
5 Rights Letter recognized and issued by the Department of Community Affairs). New residential
6 dwelling units included in the ROGO allocation system include the following: affordable housing
7 units; market rate dwelling units; mobile homes; and institutional residential units (except hospital
8 rooms).
a91�1ial4i
10 Vessels are expressly excluded from the allocation system, as the ve, �s do;,,not occupy a distinct
11 location and therefore cannot be accounted for in the County's hu pe evacuation model.Under
� ��1
12 no circumstances shall a vessel, including live-aboard vet Sl`s�; �` �`1t ssociated wet slips be X
13 transferred upland or converted to a dwelling unit of any other'f;1 e. Vesi�� ;�1,or associated wet slips
14 are not considered ROGO allocation awards and may °'( e�sed as t �W psis for any type of
15 ROGO exemption or THE(Transfer of ROGO ExemSn). Ci
16 �v ��IUl1It v 1 r1s
17 ROGO Allocations for rooms, hotel or motel; carf vp` d spac transient resided units; and
18 seasonal residential units are subject to Policy 101.3.5. ��� �1
�C �41`v''
19 � ��� a0
20 For pulposes of this Policy, the redevel!b, ent or re lacemdiltll�Qf any lawfully established unit e.
21 within the Venture out c ommuni1y, which`v''�ated in the Lo, t; s at MM23 on Cudjoe Key,
22 that does not increase the number of units o ' a1 nw� hich existe€'� °`or before Januar 4 1996
23 shall be exempt from the permit allocation &GO s,t,�,Policie 01.3.5 and 101.6.8 shall not 2
24 Uply to Venture Out and the units within Vey>tur �'vrs'utL i evelo ed as either mobile home
25 or recreational vehicle use,' l �`�'"'' the qpprov a buildin'`1r�'ermita prw_ided the folloN. iti are �W
26 11-1et:
27 �rh�l,ti44' �RI1, \�
��y1�```;}_ `4�yl��t
28 1. irzo riot iticl, ''4 JILH r c� is rfi°;�'R'�.t�r�r��� �i�� �, c f` �.t�� �r��.r�� tcsi�lerits, ire t1��.
29 G '�e1i1::�. a )etidEt ti t��}� C�C\1- � tfZ�if €r�iu ,F�, 't'`'tite()-C�"y 3-5)., a Y]€aCiclat �"y e-yaC Cahoot of all �I
30 511111,sytl' ltt\ 51 ` iE l I ,,jgg j`Sl!$s ) etml � � regardlessC C s( 1I C. E "C.0 N�f red at least 8
*11101
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32 �� v1� vfi�1t9'r1 �l' to I( I l l ale l :i( lI':
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35 2. Venture Out Condominium Association shall provide an annual report to Monroe
36 County by June 1st to identify the number of RVs, locations (parcel IDs) and property
37 owners, and a copy of the notification provided to the RV's parcels regarding the
38 mandatory evacuation provisions in the County and the Venture Out
39 Community. Additionally, the Venture Out Condominium Association shall provide
40 reports to Monroe County after each major hurricane (Category), within 30 daY
41 of the storm event,that identify the owners and parcels with RVs that did not evacuate.
42 Venture Out Community authorizes Monroe County to conduct all necessary site visits
43 and inspections on the subject property_
44 �is i i r it _, the etc i i r c f` l ii 1 1. i it c.t- liatig,eabiiit c f` �iobile
45 r cteatioriai r1t'Elks i iav 0CCLI1' 0t1ly witliiti the
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1 4, lac c c.atiat al V .l ick, accU i ar cic.s or tc r ar cic s of'six (6 a oral otab s or a ore is rollibite&
2 5, Recreational V-ebicles aIL[St 11—ieet all latid de-.cic aic.tit reUliatiotis, flov�1..1�ir�
3 i iatia eii-i tit reLU[latiotis aril ariv klilditlU code reClUireii-ietits for recreatiotial ebicles-,
4 6, A recreatiarial ebicle aIL[St ba-ve CUrretit licirises reMlired for bi(Oiway tra-vel, be
5 attacbed to the site ably bv the C'Mick: diSCOtMect-'YP ��tilitics„ aricl tea
6 additions SLIcli as `LM fcgii-is o stag, fcvi is shall bc itted-
7 ;'. Any parcel with a permitted RV on the parcel that is not removed and evacuated with
8 a mandatory evacuation, shall be restricted from having a Recreational Vehicle as a
9 permitted as of right use and shall be required to remove the RV and magPply for 6
10 building permits for a mobile home use. The Venture Out Condominium Association
11 shall track and annually report to Monroe County of the non-compliant properties. �t
12 Monroe County shall execute a deed restriction on such]2arcel(s) eliminating RV uses X
13 on such parcel(s), subsequent to a finding of violation by the Monroe Coun . Code
14 Compliance Special Magistrate ,s "`"'}lli g',°,°°,°,°,°ososss,4, U
CL
15 8. Not itlistatiditi t thetraasf��t is �siot s llfi ti f0icv 1011 6,8 "1'1 ��y,� �t regar less of"
16 �5i� t a�. ` t1 1C1 tl `� �atC t � � It cC 1 1a€ r YT€€ �� traasferre to apaN; l � ate OUtSide r
17f
18 Ire roc casr� shall a�ctr�atic real . �licl �s ft�ars� z ��. �Ic a' a `lac t l arc tel. �?
CL
20 �1 �����l,�s,4,,, c.
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i sss
21
�,_ � D� "s��'
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22 Section 2. Severability. If any section sentencl �iz��clause item change or
23 provision of this ordinance is ld my l order of this ordinance shall not
24 be affected t ,��, h validity. �t s�i11111� INt�f't
r '�hl i stl �151i�
25 �,k�rt �00'0'' �,
26 Section 3. Re P eal f Incons" i nt Provisio All ordinances or parts of ordinances in U-
27 conflict=t I orl'� pN ance are here ��i epealed to the extent of said conflict.
28 f ��I�>>1�5'i�1���1lill�uVb1�11111111��44�'Nuss i
i�4 S (tiss t+ fi0
29 Section 4 {,,g)"I� I � ittal T�h�� � �dinance 11 be transmitted by the Director of Planning to the
t14 {
30 State L` ` l annm� ��'� r� ency pursuant to Chapter 163 and 380, Florida Statutes. =�
31 WN, �,�'
32 Section �� 99�4'1��} Filing and IYective rate. This ordinance shall be filed in the Office of the
ssy4tlj i
33 Greta of t State of Florida but shall not become effective until a notice is
34 its` ;, �by the to Land Planning Agency or Administration Commission finding c�
35 the �', x�d r� t in compliance with Chapter 163, Florida Statutes and after any
36 applict �lihallenges have been resolved. E
37 sa
38 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
39 in the Monroe County Comprehensive Plan. The numbering of the foregoing
40 amendment may be renumbered to conform to the numbering in the Monroe County
41 Comprehensive Plan.
42
43
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of
3
4 Mayor Heather Carruthers
5 Mayor Pro Tem Michelle Coldiron
6 Commissioner Craig Cates
7 Commissioner David Rice
8 Commissioner Sylvia Murphy
9
11 BOARD OF COUN� ' �a OMMISSIONERS �C
12 OF MONROE C �i�' � LORIDA
13
14
15 BY 1�6Cn
16 AYOR JEATHER CAR ,i`, I RS
17 tlVl�iS� v�11 CD}IhSSJl, l Vs,
18 (SEAL)
19 ATTEST: KEVIN MADOK CLERK
221
0 � y$ ��VV4�99��ti�,
22 �4,, �� �� QVp� � ,��'
23 DEPUTY CLERK \ �}Dy� ��sll��b ,.
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 6
11 Resources
E
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning X
14
a.
15 Date: May 27, 2020 �?
16
17 Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe
18 County Comprehensive Plan Policies 101.3.1, 101.3.5 and 101.3.8 to allow the
19 interchangeability of mobile homes and RVs within Venture Out and eliminating the 2
20 possibility to transfer ROGO exemptions from Venture Out to other locations outside of 0
21 the Venture Out community, as proposed by Smith/Hawks, PL on behalf of Venture Out 0.
22 at Cudjoe Cay Condominium Association. (File 42019-066)
23
2
24 Meeting: June 17, 2020
25
26 I. REQUEST >
27 cv
28 On April 11, 2019,the Planning and Environmental Resources Department received an application from
29 Barton W. Smith of Smith/Hawks PL (the "Agent") on behalf of Venture Out at Cudjoe Cay
30 Condominium Association(the"Applicant,")to amend Monroe County Land Development Code(LDC)
31 Section 114-67 to allow for alternate parking off-street parking requirements specific to Venture Out
32 and Code Section 138-22 and to allow the interchangeability of mobile homes and RVs within Venture
33 Out. On June 26, 2019, the Applicant submitted a revised application with additional information and
34 provided supplemental information on October 22, 2019. CIDi
35
36 On February 11, 2020, the Applicant submitted a revised application (the "Application"), replacing the
37 proposed text amendment to the LDC with a proposed text amendment to the 2030 Monroe County
38 Comprehensive Plan(the"Comprehensive Plan"). The Applicant is proposing to amend Comprehensive
39 Plan Policy 101.3.1 to allow the interchangeability of mobile homes and RVs within Venture Out and
40 eliminating the possibility to transfer ROGO exemptions from Venture Out to other locations outside of
41 the Venture Out community
42
43 II. BACKGROUND INFORMATION
44
45 In the application materials, the Applicant states the reasons and basis for the proposed amendment is:
46 Vcrimuc Oii,i is . con,tr(djed,, azcess &rued, 1,11a"iler lA-,uin 1 Qor:innn ity die%= ope i ]7)no: �o !hie
47
BOCC SR 06.17.2020 Page 1 of 20
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0.6.c
adoption of County's Code in 1,r86 and its Comprehensive Plan,("Comp. Plan"") in 1992.
Venture ()ut's developni,, r.I r �,epar-ate and distinct master -fanned community is unique to the
Flr -(!1 . t.zysasitis ll1q ~, rrr.:t 1 . r.+-r folacriminsin rr-lemarker23onCudjoeKey.
the Venture Out ct rI i-,uriT%'
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Ventuic r ii submitted to the Lx1n f rr r :rrrr: !orm „I our ,'-;-In in 1971. Venture Out at v
Cudicte C 1:emhe"hip consv�r, -1 LaLL 1-Lit okrecr in t r Out. Vcnku � Out has
' (.rty owner within Venture Out to , :Il _I.. development pl.trt. .khich 0
amongst car: .•r �ro°,, ,.• . r � restricti, °'g hac , 1, . l rtrl. ,d ra ,l rw ("Rul rrd 2
Restrictions""), to protect r :,rr munitti , - i,, , ,ind tilt the nrts rirar►;9: , -rat of
Venture Out, A copy of which is enclose- i I-xhibit A. >
1 O
The entirety of Venture Out is withiow the ;coning district classified, �v � r` ,i.r Rrsidcascral o
Mobile Home- limled district C-I IRM-1."), as ."iwn on the photograph below ti
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2
3 The Applicant's full explanation and justification of the proposed amendments is included in the file for
4 the application (File 42019-066).
5
6
BOCC SR 06.17.2020 Page 2 of 20
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0.6.c
I Concept Meeting
2 In accordance with LDC Section 102-158(a), a concept meeting was held on October 15,2019 to discuss
3 proposed LDC text amendment. It was determined that the proposed text amendment will not have a
4 county-wide impact because the proposed amendment is limited to Venture Out on Cudjoe Key.
5
6 A second concept meeting was held on January 8, 2020 to discuss the proposed Comprehensive Plan
7 Text amendment. It was determined that the proposed text amendment will not have a county-wide
8 impact because the proposed amendment is limited to Venture Out on Cudjoe Key.
9
10 Community Meeting and Public Participation
11 A community meeting is not required for this application [Ref. LDC Section 102-159(b)(3)].
E
12
13 Development Review Committee and Public Input X
14 At a regular meeting held on May 26, 2020,the Development Review Committee(DRC) considered the
a.
15 proposed Land Development text amendment, and provided for public comment. �?
16
17 Planning Commission and Public Input
18 The Planning Commission considered the proposed amendment at a regular meeting on May 27, 2020,
19 provided for public input and recommended approval with changes as discussed during the hearing of 2
20 the proposed amendment through Resolution P12-20. The Planning Commission's recommended 0
21 additions to the changes are as follows: CL
tL
22
23 1. Venture Out Condominium Association shall provide an annual report to Monroe County by
24 June 1st to identify the number of RVs, locations (parcel IDs) and property owners, and a copy 2
25 of the notification provided to the RV's parcels regarding the mandatory evacuation provisions
26 in the County and the Venture Out Community. Additionally, the Venture Out Condominium
27 Association shall provide reports to Monroe County after each major hurricane(Category 35),
28 within 30 days of the storm event, that identify the owners and parcels with RVs that did not
29 evacuate.Venture Out Community authorizes Monroe County to conduct all necessary site visits
30 and inspections on the subject property; and
31
32 2. Any parcel with a permitted RV on the parcel that is not removed and evacuated with a UI
33 mandatory evacuation, shall be restricted from having a Recreational Vehicle as a permitted as
34 of right use and shall be required to remove the RV and may apply for building permits for a aai
35 mobile home use. The Venture Out Condominium Association shall track and annually report to
36 Monroe County of the non-compliant properties. Monroe County shall execute a deed restriction
37 on such parcel(s) eliminating RV uses on such parcel(s), subsequent to a finding of violation by
38 the Monroe County Code Compliance Special Magistrate.
39 a
40 Board of County Commissioners Meeting
41 At the January 23, 2019 regular BOCC meeting, there was a Sounding Board discussion item by Bart
42 Smith, Esq. on behalf of Venture Out of Cudjoe Cay Condominium, Inc., to discuss pending recovery C
43 issues at the park. The BOCC took no action on the sounding board discussion item.
44
45 The request stated: [T]o discuss the current stayed pending code enforcement cases at Venture Out and
46 the ability to obtain and close after-the-fact demolition permits for trailers at Venture Out due to
47 concrete pads that will remain and the effects the foregoing has had on the alienability of real property
48 at Venture Out. My client would also request the Sounding Board to include a discussion on proceeding
BOCC SR 06.17.2020 Page 3 of 20
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Packet Pg. 2614
0.6.c
I with an amendment to the allow for the interchangeability of mobile homes and RVs in Venture Out,
2 which is zoned Urban Residential Mobile Home -Limited(URM-L), which zoning district only permits
3 mobile homes and RVs and Venture Out is permitted to already short-term rent both the mobile homes
4 and RVs.
5
6 During the item, Bart Smith described issues with redevelopment following Hurricane Irma and stated
7 until Hurricane Irma `people pulled permits to change out a mobile home for an RV or a mobile home
8 to demolish and put an RV.' Mr. Smith describes with the storm there is significant destruction and
9 damage, there are issues after-the-fact demo permits related to concrete pads and electric pedestals. Mr.
10 Smith also describes a perceived conflict between the definition of mobile homes (permanent units) and 6
11 RVs (transient units) and that the County is not allowing the interchangeability between the uses. Mr.
12 Smith describes that Venture should be allowed to interchange because of the URM-L zoning district �t
13 list both uses of as-of-right uses and the existing ability to rent the units as vacation rentals supports the X
14 interchangeability.
15
16 There is an overall discussion of determining the type of lawful-ROGO exemption and that the ROGO-
17 exemptions for each property within Venture Out is not known and that allowing interchangeability of
18 mobile homes and RVs could create more hotel units. The discussion also includes that ROGO
19 exemptions and zoning are both considerations for issuing approvals for a property. The discussion 2
20 includes trying to determine how many units are permanent versus transient. There is brief discussion 0
21 that the interchangeability may have hurricane model implications and that a code amendment 0.
22 submission should include that units cannot be transferred offsite (to not create more hotel units and
23 displace de facto affordable housing). There is a brief discussion of requiring deed restrictions on units
24 — vesting of the units. The discussion includes that staff assumed Mr. Smith would be submitting an 2
25 application for a text amendment. Mr. Smith states: "I will gladly submit an amendment that will be
26 vetted by staff, we will work together." As required by BOCC rules, the BOCC took no action. >
27 N
28 N
h
r
I
I
tJ
tJ
I
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N
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I The Venture Out community is located in the lower keys on Cudjoe _ l f, I
2 Key and is situated approximately at mile marker 23 of the Overseas
3 Highway(on the Atlantic Ocean side). The Venture Out community ys�
4 has a FLUM designation of Residential High (RH) and a zoning 7,
5 designation of Urban Residential Mobile Home — Limited (URM-
6 L).
7
8 In 1970, the Board of County Commissioners passed and adopted _
9 Resolution 122-970, which approved the plat for Venture Out. The
10 plat is recorded in Plat Book 6 Page 56 (1 of 8), creating 659 platted
11 lots and numerous common use areas.
12 a
13 In 1986, with the adoption of the Zoning Maps (referred to as the e X
14 Pattison maps), the subject property was designated Urban a.
15 Residential Mobile Home (URM). v
16
17 In 1991, the Board of County Commissioners passed and adoptedCD
_.
18 Ordinance 024-1991, which amended the Land Use District
19 designation of the subject property from Urban Residential Mobile
20 Home (URM) to Urban Residential Mobile Home Limited (URM- a°
21 L). v
22 r
23 In 1997, with the adoption of the Comprehensive Plan's FLUM, the 0
24 subject property was given the current FLUM designation of
25 Residential High (RH).
26 >
27 Comprehensive Plan Policy 101.5.4 states, "The principal purpose N
28 of the Residential High(RH)future land use category is to provide for high-density single-family,multi- N
29 family, and institutional residential development, including mobile homes and manufactured housing,
30 located near employment centers." of
31 W
32 Land Development Code Section 130-53 states, "The purpose of the URM-L district is to recognize the co
33 existence of parks and subdivisions which consist exclusively, or almost exclusively, of mobile homes,
34 but not to create new such areas, in order to permit property owners in such areas to replace or establish mi
35 mobile homes below base flood elevation as authorized by certified federal regulations." to
36 CD
37 Additionally, Section 130-100,provides the `as-of-right' uses with the URM-L district as follows: o
38 (1)Mobile homes; r
39 (2)Recreational vehicles in a registered RVpark or park trailers commonly known as park E
40 models'as defined in F.S. 320.01;
41 (3) Home occupations Special use permit requited;
42 (4)Accessory uses; Q
43 (5) Tourist housing uses, including vacation rental uses, are prohibited except in gated
44 communities that have:
45 a. Controlled access; and
46 b. A homeowner's or property owner's association that expressly regulates or manages
47 vacation rental uses;
48 (6) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
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1 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
2 section 146-5(f); and
3 (8) Wastewater nutrient reduction cluster systems that serve less than ten residences.
4
5 As noted above, within the URM-L district, both mobile home and recreational vehicle (RV) uses are
6 permitted as of right through the approval of a building permit. While, the land uses described can be
7 approved via a building permit, the request for the land use is subject to the requirements of the
8 comprehensive plan and the other provisions of the land development code, such as development
9 standards, bulk regulations, rate of growth ordinances, etc.
10 -�
11 The URM-L district specifies RVs are permitted in a registered RV park or park trailers commonly
12 known as'park models' as defined in F.S. 320.01. Section 320.01,F.S.,provides the following definition: �C
13 (1) "Motor vehicle"means: X
14 (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer °®
c.
15 combination, or any other vehicle operated on the roads of this state, used to transportpersons
16 or property, and propelled by power other than muscular power, but the term does not include
17 traction engines, road rollers, motorized scooters, micromobility devices, personal delivery
18 devices and mobile carriers as defined in s. 316.003, special mobile equipment as defined in
19 s. 316.003, vehicles that run only upon a track, bicycles, swamp buggies, or mopeds. 2
20 (b) A recreational vehicle-type unit primarily designed as temporary living quarters for 0
21 recreational, camping, or travel use, which either has its own motive power or is mounted on CL
22 or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public
23 roadways of this state, must comply with the length and width provisions of s. 316.515, as that 0
24 section may hereafter be amended. As defined below, the basic entities are: 2
25 1. The "travel trailer, "which is a vehicular portable unit, mounted on wheels, of such a
26 size or weight as not to require special highway movement permits when drawn by a >
27 motorized vehicle. It is primarily designed and constructed to provide temporary living
28 quarters for recreational, camping, or travel use. It has a body width of no more than 8112 N
29 feet and an overall body length of no more than 40 feet when factory-equipped for the road.
30 2. The "camping trailer, " which is a vehicular portable unit mounted on wheels and Wi
31 constructed with collapsible partial sidewalls which fold for towing by another vehicle and
32 unfold at the campsite to provide temporary living quarters for recreational, camping, or tag
33 travel use. U
34 3. The "truck camper, " which is a truck equipped with a portable unit designed to be a0ai
35 loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide
36 temporary living quarters for recreational, camping, or travel use.
37 4. The "motor home, "which is a vehicular unit which does not exceed the length, height, c,
38 and width limitations provided in s. 316.515, is a self-propelled motor vehicle, and is
39 primarily designed to provide temporary living quarters for recreational, camping, or travel
40 use.
41 5. The `private motor coach,"which is a vehicular unit which does not exceed the length,
42 width, and height limitations provided in s. 316.515(9), is built on a self-propelled bus type C
43 chassis having no fewer than three load-bearing axles, and is primarily designed to provide
44 temporary living quarters for recreational, camping, or travel use.
45 6. The "van conversion,"which is a vehicular unit which does not exceed the length and
46 width limitations provided in s. 316.515, is built on a self-propelled motor vehicle chassis,
47 and is designed for recreation, camping, and travel use.
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1 7. The `park trailer,"which is a transportable unit which has a body width not exceeding
2 14 feet and which is built on a single chassis and is designed to provide seasonal or
3 temporary living quarters when connected to utilities necessary for operation of installed
4 fixtures and appliances. The total area of the unit in a setup mode, when measured from the
5 exterior surface of the exterior stud walls at the level of maximum dimensions, not including
6 any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5
7 standards, and 500 square feet when constructed to United States Department of Housing
8 and Urban Development Standards. The length of a park trailer means the distance from
9 the exterior of the front of the body(nearest to the drawbar and coupling mechanism) to the
10 exterior of the rear of the body (at the opposite end of the body), including any protrusions.
11 8. The 'fifth-wheel trailer, " which is a vehicular unit mounted on wheels, designed to
12 provide temporary living quarters for recreational, camping, or travel use, of such size or
13 weight as not to require a special highway movement permit, of gross trailer area not to X
14 exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle
CL
15 that contains a towing mechanism that is mounted above or forward of the tow vehicle's
16 rear axle.
17 (2)(a) "Mobile home" means a structure, transportable in one or more sections, which is 8
18 body feet or more in width and which is built on an integral chassis and designed to be used
19 as a dwelling when connected to the required utilities and includes the plumbing, heating, air- 2
20 conditioning, and electrical systems contained therein.For tax purposes, the length of a mobile CL
21 home is the distance from the exterior of the wall nearest to the drawbar and coupling CL
22 mechanism to the exterior of the wall at the opposite end of the home where such walls enclose
23 living or other interior space. Such distance includes expandable rooms, but excludes bay
24 windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other 2
25 attachments that do not enclose interior space. In the event that the mobile home owner has
26 no proof of the length of the drawbar, coupling, or hitch, then the tax collector may in his or >
27 her discretion either inspect the home to determine the actual length or may assume 4 feet to
N
28 be the length of the drawbar, coupling, or hitch. ry
29
30 Land Development Code Section 101-1, further provides that"Recreational vehicle means the same as
31 that term is defined in Section 320.01, F.S. The following applies to recreational vehicles in the county: ��
32 (1) Excluding temporary housing as set forth in Section 103-1, the tenancy of an occupied Ui
33 recreational vehicle upon a lawful recreational vehicle space shall be less than six months;
34 and CO
35 (2) The recreational vehicle has been placed on a lawful recreational vehicle space within a
36 recreational vehicle park, campground, or otherwise approved area, or within a storage
37 area.
38 (3) The recreational vehicle has current licenses required for highway travel; and
39 (4) The recreational vehicle is highway ready. This means that the recreational vehicle, a
40 including any travel trailer or park trailer, is on its wheels or internal jacking system and
41 attached to this site only by the quick disconnect-type utilities commonly used in
42 recreational vehicle parks and campgrounds or by security devices. No permanent C
43 additions such as state rooms shall be permitted."
44
45 Land Development Code Section 101-1, also provides that a "Mobile home means a structure
46 transportable in one or more sections which structure is eight body feet or more in width and over
47 35 feet in length,which structure is built on an integral chassis and designed to be used as a dwelling
48 when connected to the required utilities and includes the plumbing, heating, air conditioning and
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I electrical systems contained therein, including expandable recreational vehicles, known as 'park
2 models"designed and built as a permanent residence, the structure for which is 35 feet or less in
3 length and in excess of eight feet in width."
4
5 The Comprehensive Plan's Glossary states: If definitions sought are not within this section, the County
6 shall utilize the adopted definitions of its LDC and, secondly,refer to the Florida Statutes. If a definition
7 is not provided in these documents, the County shall utilize the term as commonly used.
8
9 Mobile Home means a structure, transportable in one or more sections, which is 8 body feet or
10 more in width and over 35 feet in length and which is built on an integral chassis and designed 6
11 to be used as a dwelling when connected to the required utilities. Expandable recreational
12 vehicles, known as 'dark models,"designed and built as permanent residences, are considered E
13 mobile homes as well. (emphasis added) X
14
a.
15 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel
a
16 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer.
17
18 Hotel/Motel means a building containing individual units for the purpose of providing overnight
19 lodging facilities for periods not exceeding 30 days to the general public for compensation with 2
20 or without meals, and which has common facilities for reservations and cleaning services, 0
21 combined utilities and on-site management and reception. CL
22
23 These definitions are provided to assist in the review of the Applicant's text amendment request to
24 allow mobile home uses and RV uses to be interchangeable within the Venture Out community. 2
25
26 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
27
28 The Applicant's proposed text as submitted on February 11, 2020 is shown with additions underlined ry
29 and deletions sue.
30
31 Objective 101.3
32 Monroe County shall regulate new residential development based upon the finite carrying capacity of UI
33 the natural and man-made systems and the growth capacity while maintaining a maximum hurricane
34 evacuation clearance time of 24 hours. as
35 �
36 Policy 101.3.1
37 Monroe County shall maintain a Permit Allocation System for new residential development known as
38 the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit
39 the number of permits issued for new residential dwelling units. The ROGO allocation system shall
40 apply within the unincorporated area of the county, excluding areas within the county mainland and
41 within the Ocean Reef planned development (Future development in the Ocean Reef planned
42 development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter C
43 recognized and issued by the Department of Community Affairs). New residential dwelling units
44 included in the ROGO allocation system include the following: affordable housing units; market rate
45 dwelling units; mobile homes; and institutional residential units (except hospital rooms).
46
47 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
48 location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under no
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I circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred upland
2 or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered
3 ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or THE
4 (Transfer of ROGO Exemption).
5
6 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and
7 seasonal residential units are subject to Policy 101.3.5.
8
9 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit within
10 the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe Key,that does not a
11 increase the number of units, above that which existed on or before January 4, 1996 shall be exempt
12 from the permit allocation(ROGO) system. Policies 101.3.5 and 101.6.8 shall not Uply to Venture Out,
13 and the units within Venture Out may be developed as either mobile home or recreational vehicle use X
14 through the approval of a building permit and no unit, regardless of use type, within the venture Out
CL
15 community may be transferred to another site outside the Venture Out Community.
16
17
18
19 IV. ANALYSIS OF PROPOSED AMENDMENT AND STAFF-RECOMMENDED 2
20 CHANGES c
CL
21
22 Staff is recommending edits to the Applicant's proposal in an effort to provide for internal consistency :5
23 of the Comprehensive Plan. 2
24
25 Staff edits are included to address the Applicant's statement in the February 11,2019 revised application u
26 that:
27 • "...the amendment is consistent with County Comp. Plan Goal 215 by requiring the occupants N
28 of Venture Out's units/lots to evacuate "48 hours in advance of tropical storm winds", which
29 exceed Comp Plan Policy 215.1.4 requirement that requires mobiles to evacuate within thirty-
CD
30 six (36) hours of tropical storm winds." W1
31 • "Under the current Code, mobile homes are considered permanent residences, whereas RVs are Ui
32 transient units, which are limited to short term use. Pursuant to Sec. 101-1 of the Code, the U
33 "tenancy of an occupied recreational vehicle upon a lawful residential vehicle space" is limited i
34 to less than six (6) months. Sec. 130-100(a) of the Code establishes the uses that are permitted
35 as of right in the URM-L zoning district. Pursuant to Sec. 130-100(a)(5) tourist housing uses,
36 including vacation rental uses, are permitted as of right in gated communities that have: "(A)
37 [c]ontrolled access; and (B) [a] homeowner's or property owner's association that expressly a
38 regulates or manages vacation rental uses[.]" Venture Out, is a gated community with controlled
39 access and a property owner's association that expressly regulates or manages vacation rental
40 uses, and as such meets this definition."
41 • "...the amendment will allow 659 of Venture Out's lots, which are zoned URM-L to maintain
42 their historically utilized right to interchange a lot's use between mobile home and recreational
43 vehicle,as a site-specific exemption, contained entirely to within the boundaries of Venture Out."
44 • "Since Venture Out was submitted to the condominium form of ownership in 1971,
45 interchangeability between mobile homes and RV s has continuously occurred, and been
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I recognized and approved by the County...Exhibit E, serve as definitive proof that
2 interchangeability between mobile homes and RVs has not only been historically occurring
3 within Venture Out, but that the County has continuously recognized and permitted it."
4
5 Evacuation
6 The Applicant did not provide any language requiring the occupants Venture Out's units/lots to evacuate
7 "48 hours in advance of tropical storm winds". Therefore, Staff is recommending language to ensure
8 that the proposed amendment is consistent with Comprehensive Plan Goal 215 by requiring the
9 occupants Venture Out's units/lots to evacuate 48 hours in advance of tropical storm winds.
10
11 Interchangeability E
12 The Comprehensive Plan and Land Development Code(LDC)provide well defined land use provisions,
13 growth management provisions implemented mainly through the ROGO system, tier system and
14 hurricane evacuation policies as well as a glossary with specific and clear definitions within both
15 documents. In reviewing these provisions, the distinctions between unit types are clear and purposeful
16 �?
17 The Applicant's opinion that having a vacation rental exemption supports the interchangeability is
18 inconsistent with the LDC definition of"vacation rental or unit" which means "an attached or detached
19 dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation 0
20 rental use does not include hotels, motels, and RV spaces, which are specifically addressed in each CL
21 district." Further, the opinion would imply that other permanent residential single family dwelling units �?
22 with the authorization to use the unit as a vacation rental, could claim the permanent units are
23 interchangeable as transient units and further impact the community character of residential 2
24 neighborhoods.
25
26 Furthermore,the definitions within the Glossary and guidance provided through Policy 101.3.5 indicate
27 that transient units and mobile home units are two distinct and different types of units. Policy 101.3.5
28 clearly states that if the transient unit was in existence prior to January 4, 1996, then it shall remain a
29 transient unit (Lawfully established transient units shall be entitled to one unit for each type of unit in W
30 existence before January 4, 1996 for use as a ROGO exemption). Section 130-163 of the LDC also
31 states: "Notwithstanding the provisions of sections 130-157 and 130-162,the owners of land upon which v)i
32 a lawfully established dwelling unit, mobile home, or transient unit exists shall be entitled to one
33 dwelling unit for each type of dwelling unit in existence before January 4, 1996..." The LDC and 0
34 Comprehensive Plan are clear in that"park model"recreational vehicles constructed as permanent units,
35 can be treated as mobile homes.
36
37 Venture Out has a FLUM designation of Residential High (RH) and a zoning designation of Urban
38 Residential Mobile Home—Limited(URM-L). These designations provide for uses permitted as of right
39 (requires a building permit) of `Mobile homes' and `Recreational vehicles in a registered RV park or E
40 park trailers commonly known as `park models' as defined in F.S. 320.01.' A "park model" may be
41 approved as a mobile home use, if built as a permanent unit (i.e. elevation requirements, anchoring,
42 etc.), or may be approved as an RV use, if it is on its wheels or internal jacking system and attached to
43 this site only by the quick disconnect-type utilities (i.e. road ready and not built as a permanent unit).
44 The definitions provided above clearly outline this distinction.
45
46 This is analogous to a modular building which may be approved as a temporary construction office, or
47 a permanent office use, commercial retail use, or light industrial use. Similarly, there are modular home
48 buildings. While the off-site prefabricated structure may be essentially the same building, a specific land
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I use must be approved, consistent with the corresponding map designations and have construction
2 requirements. Even if all the example land uses listed were listed as permitted as of right within the
3 zoning designation, the owner/applicant could not simply interchange the use without County approval
4 and meeting any other comprehensive plan and LDC requirements.
5
6 The Applicant asserts that there have been demolition permits issued for travel trailers with a notation
7 that "concrete slab is to remain for the use of an RV parking space according to submitted plans". A
8 travel trailer is defined as a recreational vehicle. Therefore, allowing the property to be used for a
9 recreational vehicle would be appropriate and permissible by Code. The Applicant further identifies two
10 (2) specific lots and asserts allowed replacement of recreational vehicles with mobile homes. 6
11 • Lot 55 was issued a replacement RV trailer (the permit application indicates scope of work as
E
12 "new park model") in 1988 through Permit 8810256. Subsequently, Lot 55 was issued a
13 certificate of occupancy for mobile home replacement in 2005 through Permit 03102962. X
14 • Lot 279 was issued Permit 900100797on April 27, 1990 to"replace park model". Subsequently,
15 Lot 279 was issued Permit 04104969 on December 15, 2004 to "replace mobile home with 840
16 SF park model". The notes within the file of Permit 04104969 states"Permit Approval to remove
cYi
17 existing mobile home with 840 SF mobile home with A/C, 700 SF slab, 140 SF enclosure, 305
18 SF porches and stairs, 231 SF awnings and pea rock landscaping per sealed plans in file."
19 g
20 Based on a review of the permits identified by the Applicant on Lot 55, it is unclear how approval was 0.
21 granted changing a unit from a recreational vehicle (RV) to a mobile home. The Comprehensive Plan 0.
22 in effect at the time did not permit such a change. The current Comprehensive Plan and LDC do not
23 allow residential units to be interchangeable with transient units or vice versa— due to the adopted the
24 ROGO system for specific unit types and the associated hurricane evacuation policies by unit types. The
25 Comprehensive Plan and LDC protect lawfully established units and allow for the replacement of the
26 unit for each type of unit in existence (as originally allowed or permitted). >
27 N
28 Based on a review of the permits identified by the Applicant on Lot 279, a park model replaced the a
29 mobile home. As noted above, a "park model" may be approved as a mobile home use, if built as a
30 permanent unit(i.e. elevation requirements, anchoring, etc.). Further, the contents of Permit 04104969
31 includes a letter from Venture Out indicating the property owner "has permission from venture out at
32 Cudjoe Key, Inc. to construct: Mobile home replacement, remove existing home...". Therefore, it is
33 clear that in the case of Lot 279, a mobile home was replaced by a mobile home. No interchangeability
34 was approved.
i
35
As noted above, the Applicant's proposed text, as submitted on February 11, 2020, additions are
shown in underlined, deletions are st+ieke* Staff proposed amendments, with Planning
Commission recommended additions as approved through Resolution P12-20, are shown as additions
in red Underline, deletions are E
36
37 *****
38 Objective 101.3
39 Monroe County shall regulate new residential development based upon the finite carrying capacity of
40 the natural and man-made systems and the growth capacity while maintaining a maximum hurricane
41 evacuation clearance time of 24 hours.
42
43 Policy 101.3.1
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I Monroe County shall maintain a Permit Allocation System for new residential development known as
2 the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit
3 the number of permits issued for new residential dwelling units. The ROGO allocation system shall
4 apply within the unincorporated area of the county, excluding areas within the county mainland and
5 within the Ocean Reef planned development (Future development in the Ocean Reef planned
6 development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
7 recognized and issued by the Department of Community Affairs). New residential dwelling units
8 included in the ROGO allocation system include the following: affordable housing units; market rate
9 dwelling units; mobile homes; and institutional residential units (except hospital rooms).
10 -�
11 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
12 location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under no �t
13 circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred upland X
14 or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered
15 ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or THE �?
16 (Transfer of ROGO Exemption).
17
18 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and
19 seasonal residential units are subject to Policy 101.3.5. 2
20 0
21 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit within t0.
.
22 the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe Key,that does not
23 increase the number of units, above that which existed on or before January 4, 1996 shall be exempt
24 from the permit allocation(ROGO) system. Policies 101.3.5 and 101.6.8 shall not aply to Venture Out, 2
25 and the units within Venture Out may be developed as either mobile home or recreational vehicle use
26 through the approval of a building permit. fi .:. �- e .
27
28 C i+m4,.
29
30 1, fao riot iticrease the 11LITTicaric c-vacUrrtiori clearance tiii€c of` r ni-iati rii residents, iri the c-v etit
i
31 oLa 01- ILITT*�cltle ( 'at � r c : ca r c f c � rits of'
32 LirlitS N. iiilitI N`eritL[i-.OL[t tir-ii.,,�i. t-eLL ai-dig. s cif Liriit ty 'e, is t,e Liit,e at least 81IOLIt-S iri act.atice i
33 of tro icai torsi-i w irirl ;. A.pl rc i�€ ri .ly lac�r ire cl r cr. f` i� is i i n€ witids,
ca
34 i€ariclrriory e-vaCUatiori Of` OCCLIlrarits residir rietIt Utlit sbaii be it ed arid a 1
to
35 i€ariclrriory c =aCUatiori of`botii the OCCLIlrarits of`rccreatiorrai -vellicles (RN;s) aricl the N's sbal
36 be iriiiirrie�l_�
37 2. `,,etItL1re QL[i `otidoi€itiiLMi � ssocirriiori s-ba-11 lrrc-v ide art agjtlrUai r . on to l/lorirce COLItity by
38 tic I " ire idetiti�� ther���� l��.r of` `�-`s, ioc riicris (parcel IDs arirl .,r�., .riy o rri�.r�. �r�cl � �
39 copy of tier, riotificaticrri rc-v ided to the RN,"s ,lrrr�r=ardirir=, the i iatidatory c-vacation �
40 Additioriaiiy. the N,,etItL1re OLI
41 `otidoi€itIiLMi �ssocirriiori shalt lrrc irlc rr. orts to l/lorLiooe oLirit, after eacli iYiaJor
42 IILIIriciri � 'ateg.ory 3-5', "itbiri 0 days oftbe torsi-i c-vetit, that idetitiN the o"."rigs aril
43 t 01€1€LItlity aUtlloriz s l/lotiroe COL1tItV
44 to cotidUct all ric cessary site -visits arid irislrr.ctiotis on the SLIbB.ci,rrc,rr.riy.I
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1 :��ic�t it istatidimi t e rc .-i sobs of` olio 101.`°,.`°, tic ititet ��r� =.c.��i�i�� �f` �� ��i�� �c III
2 Uses iitay OCCL11- otily w itbiti the €,4ated
3 `,,et1tLIre QLIt call€11€LItlitV witli rr i€atiga.ing (r iiiv respotisibie for e-vaCUaiiori.,
4 4, Recreational `,, liicle OCCU trtictes or tetiaticies of` pie �0� i iotitlis of ii-ior is tLIIil�it�.&
5 5, Recreational `,,- liicles 111LISt Ilte .t all latitl d velolffltetit reLWiatiotis flood lain iitatiaLielltetlt
6 reL= latiotis aril ariy bUilditig code reClUireiitetits for recreational -veliicles-
7 6, A recreational chicle 111LISt ba-ve CUrr .tit licetises reMlired for bigliw a1 tra-el, be attaclied to
8 the site, truly by the cj6c1r: disccrtiticct-tic. ��tilitie.� �t�cl t�� I�crrr€�r�c.t�t �cltliti�t�� �t�cl� �� �NI
9 i'Mi s of suttee rooiit s shall lac enititte d,
10 r rrt-cr l w itl r r-iititte d l `�-` oti th 1)arcr l that i� tint r�c i���.ed aril c�aCUated �.�itli a
11 i€atidatory r vaCUatioti„ shall be restricted front lia.itia a Recreational N,el-tide as � enr ittecl
12 as cif r�01t Use atitl �liall be reMlil-ed to rent �.-� the RN; atitl i gay a.�.plv for bLliltlitlt=, �rrr itsCL
e�
13 for a i iobile lioiite, Use, rzlie. N,,et1tLIre QLIt CotidoiititliWit �-ssociatioti shall track acid atitlUallv U
14 re.,lrgjrt to l/l1om-re `or1t1tf c f`tl e, tic t -cc .lint r c rtie. . l l t tc e r t t sliall exe CLIte, a T_
15 deed restriction Otl SLICII .,at�s) cliff titiatitig RN,' Uses oti SLICII trt�celLs'), SUbseC-tent to a
16 f`ititlim� of :violation by the lvlotiroe COLIt1tV Code CgitpLiarice_Special l/la,=,istrato,
17 8. Not;t itlistatitlitia the tratisfer Dro-visiotis w itbiti Policy 101,6,8 tio��tiit.. t=.�rdless Of`Us t���.,1
18 w itbiti the N-,e.t1tLIre QLIt c01€11IL ItV 111av be tratisfc rre d to atiotlie.r site. OLItSide of the N%c ntcIte. CL
CL
19 QLIt cc €1€rtity, aticl
20 9, Iti do case shall rccre.atiotial cl-icles ltransiet1t UtlitS1 be de- to ed as a botel itote.l.
21 2
22 *****
23 >
24 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE CD
N
CD
25 LOWER KEYS LIVABLE COMMUNIKEYS PLAN,THE PRINCIPLES FOR GUIDING
26 DEVELOPMENT,AND FLORIDA STATUTES.
27
28 A. The proposed amendment may not be consistent with the Monroe County 2030 i
29 Comprehensive Plan,unless staff recommended edits are included as a part of the proposed
t�
30 text amendment to ensure internal consistency. Specifically:
31 �
32 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
33 safety of County residents and visitors, and protect valuable natural resources.
34 N
35 Objective 101.3
36 Monroe County shall regulate new residential development based upon the finite carrying E
37 capacity of the natural and man-made systems and the growth capacity while maintaining a
38 maximum hurricane evacuation clearance time of 24 hours.
39
40 Policy 101.3.1
41 Monroe County shall maintain a Permit Allocation System for new residential development
42 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
43 System shall limit the number of permits issued for new residential dwelling units. The ROGO
44 allocation system shall apply within the unincorporated area of the county, excluding areas
145 within the county mainland and within the Ocean Reef planned development_(Future
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I development in the Ocean Reef planned development is based upon the December 2010 Ocean
2 Reef Club Vested Development Rights Letter recognized and issued by the Department of
3 Community Affairs). New residential dwelling units included in the ROGO allocation system
4 include the following: affordable housing units; market rate dwelling units; mobile homes; and
5 institutional residential units (except hospital rooms).
6
7 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
8 location, and therefore cannot be accounted for in the County's hurricane evacuation model.
9 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be
10 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet 6
11 slips are not considered ROGO allocation awards, and may not be used as the basis for any type
12 of ROGO exemption or THE(Transfer of ROGO Exemption). <C
13 X
14 ROGO Allocations for rooms,hotel or motel; campground spaces;transient residential units; and
a.
15 seasonal residential units are subject to Policy 101.3.5.
a
16
17 Policy 101.3.5
18 Due to the limited number of allocations and the State's requirement that the County maintain a
19 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new 2
20 transient residential allocations for hotel or motel rooms, campground spaces, or spaces for 0
21 parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient CL
22 units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for
23 use as a ROGO exemption.
24 2
25 Policy 101.5.5
26 Monroe County shall maintain Land Development Regulations which allow nonconforming >
27 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that
28 lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or
29 substantially improve provided that the use is limited in density, intensity, floor area, and to the
30 type of use that existed on January 4, 1996.
31
32 Policy 101.6.8 Ui
33 Monroe County shall maintain a Transfer of ROGO Exemption (TRE)program, that allows for
34 the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces aai
35 and/or mobile homes to another site in the same ROGO subarea,provided that they are lawfully
36 existing and can be accounted for in the County's hurricane evacuation model. Dwelling units
37 may be transferred as follows:
38 a. between sites in the Upper Keys ROGO subarea;
39 b. between sites in the Lower Keys ROGO subarea; a
40 c. between sites in the Big Pine Key and No Name Key ROGO subarea;
41 i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the
42 Lower Keys ROGO subarea. C
43
44 No sender units may be transferred to an area where there are inadequate facilities and services.
45
46 Sender Site Criteria:
47 1. Contains a documented lawfully-established sender unit recognized by the County; and
48 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's
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I Military Installation Area of Impact(MIAI) Overlay.
2
3 Receiver Site Criteria:
4 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
5 2. Must meet the adopted density standards;
6 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
7 wastewater meeting adopted LOS,paved roads, etc.);
8 4. Located within a Tier III designated area; and
9 5. Structures are not located in a velocity (V) zone or within a CBRS unit.
10 -�
11 The proposed amendment may be consistent with the Monroe County 2030 Comprehensive
12 Plan. Specifically: �C
13 X
14 Objective 101.2
15 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, �?
16 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a
17 maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
18 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
19 adopted between the County and all the municipalities and the State agencies. 2
20 CL
21 Policy 101.2.1 CL
22 Monroe County shall maintain a memorandum of understanding with the State Land Planning
23 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
24 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input 2
25 variables and assumptions, including regional considerations, for utilizing the Florida Division
26 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations >
27 ("TIME") Model to accurately depict evacuation clearance times for the population of the
28 Florida Keys. N
29
30 Policy 101.2.2
31 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency ��
32 and Division of Emergency Management to update the variables and assumptions for the UI
33 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
34 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant aai
35 to the 2012 completed hurricane evacuation clearance time modeling by the State Land
36 Planning Agency, which incorporates the 2010 Census data,the County may allocate 10 years'
37 worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-
38 20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24
39 hours. The County will adopt a slower rate of annual allocations for market rate development
40 to extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see
41 Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1)
42 statutory changes for hurricane evacuation clearance time requirement standards; 2) new C
43 hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency
44 Management; and 3) a new or revised memorandum of understanding with the State Land
45 Planning Agency,Division of Emergency Management,Marathon,Islamorada,Key West,Key
46 Colony Beach and Layton (see Policy 101.2.1).
47
48 Policy 101.2.3
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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
7 the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
8 hurricane evacuation clearance time for the resident population.
9 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
10 residents,visitors,recreational vehicles(RVs),travel trailers, live-aboard vessels (transient 6
11 and non-transient), and military personnel from the Florida Keys shall be initiated. State
12 parks and campgrounds should be closed at this time or sooner and entry into the Florida
13 Keys by non-residents should be strictly limited. X
14 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
CL
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 evacuation
18 of permanent residents by evacuation zone (described below) shall be initiated. Existing
19 evacuation zones are as follows: 2
20 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) 0
21 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) CL
22 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
23 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
24 106.5 and MM 1-9.5 of CR 905) 2
25 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
26 The actual sequence of the evacuation by zones will vary depending on the individual storm.
27 The concepts embodied in this staged evacuation procedures should be embodied in the
28 appropriate County operational Emergency Management Plans.
29
30 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
31 decreases and or shifts in population; particularly the resident and non-resident populations. ��
32 cap
33 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
34 allocations to more than 197 residential units a year, except for affordable housing. Any aai
35 increase in the number of allocations shall be for affordable housing.
36
37 B. The proposed amendment may not be consistent with the Lower Keys Livable
38 Communikeys Plan,unless staff recommended edits are included as a part of the proposed text
39 amendment to ensure consistency. Specifically:
40
41 Goal
42 Goal 1: Monroe County shall manage future growth to preserve the rural or low density <
43 community character, protect the natural environment of the Lower Keys, and maintain and
44 encourage commercial revitalization along the U.S. 1 corridor. Community character includes
45 the cultural/traditional heritage, physical character, and scale of the businesses that serve the
46 local community in the Lower Keys area.
47
48 Objective 1.2
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I Monroe County shall continue to use the Land Use District Map and Future Land Use Map
2 categories to regulate land use by type, density, and intensity.
3
4 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use
5 districts as the primary regulatory tools for evaluating development proposals.
6
7 C. The amendment may not be consistent with the Principles for Guiding Development for the
8 Florida Keys Area, Section 380.0552(7), Florida Statutes, unless staff recommended edits
9 are included as a part of the proposed text amendment.
10
11 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
12 with the principles for guiding development and any amendments to the principles,the principles �t
13 shall be construed as a whole and no specific provision shall be construed or applied in isolation X
14 from the other provisions.
15
16 (a) Strengthening local government capabilities for managing land use and development so that
17 local government is able to achieve these objectives without continuing the area of critical
18 state concern designation.
19 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations 2
20 seagrass beds, wetlands, fish and wildlife, and their habitat.
21 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
22 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
23 beaches, wildlife, and their habitat.
24 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 2
25 economic development.
26 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
27 Keys. N
28 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural ry
29 environment, and ensuring that development is compatible with the unique historic character
30 of the Florida Keys.
31 (g) Protecting the historical heritage of the Florida Keys. ��
32 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and UI
33 proposed major public investments, including:
34 1. The Florida Keys Aqueduct and water supply facilities; aai
35 2. Sewage collection, treatment, and disposal facilities;
36 3. Solid waste treatment, collection, and disposal facilities;
37 4. Key West Naval Air Station and other military facilities;
38 5. Transportation facilities;
39 6. Federal parks, wildlife refuges, and marine sanctuaries; a
40 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
41 properties;
42 8. City electric service and the Florida Keys Electric Co-op; and C
43 9. Other utilities, as appropriate.
44 (i) Protecting and improving water quality by providing for the construction, operation,
45 maintenance, and replacement of stormwater management facilities; central sewage
46 collection; treatment and disposal facilities; and the installation and proper operation and
47 maintenance of onsite sewage treatment and disposal systems.
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I (j) Ensuring the improvement of nearshore water quality by requiring the construction and
2 operation of wastewater management facilities that meet the requirements of ss.
3 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
4 central wastewater treatment facilities through permit allocation systems.
5 (k) Limiting the adverse impacts of public investments on the environmental resources of the
6 Florida Keys.
7 (1) Making available adequate affordable housing for all sectors of the population of the Florida
8 Keys.
9 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
10 a natural or manmade disaster and for a postdisaster reconstruction plan.
11 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
12 maintaining the Florida Keys as a unique Florida resource.
13 W
14 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
a.
15 with the Principles for Guiding Development as a whole and is not inconsistent with any �?
16 Principle. T3
17
18 D. The proposed amendment may not be consistent with the Part II of Chapter 163, Florida
19 Statute (F.S.), unless staff recommended edits are included as a part of the proposed text 2
20 amendment. Specifically: CL
21 c.
22 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
23 and enhance present advantages; encourage the most appropriate use of land, water, and
24 resources, consistent with the public interest; overcome present handicaps; and deal 2
25 effectively with future problems that may result from the use and development of land within
26 their jurisdictions. Through the process of comprehensive planning, it is intended that units >
27 of local government can preserve, promote, protect, and improve the public health, safety,
28 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
29 general welfare; facilitate the adequate and efficient provision of transportation, water,
30 sewerage, schools, parks, recreational facilities, housing, and other requirements and
31 services; and conserve, develop, utilize, and protect natural resources within their W
32 jurisdictions. UI
33
34 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the CO
35 legal status set out in this act and that no public or private development shall be permitted
36 except in conformity with comprehensive plans, or elements or portions thereof, prepared
37 and adopted in conformity with this act.
38
39 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, a
40 and strategies for the orderly and balanced future economic, social,physical, environmental,
41 and fiscal development of the area that reflects community commitments to implement the
42 plan and its elements. These principles and strategies shall guide future decisions in a C
43 consistent manner and shall contain programs and activities to ensure comprehensive plans
44 are implemented. The sections of the comprehensive plan containing the principles and
45 strategies, generally provided as goals, objectives, and policies, shall describe how the local
46 government's programs, activities, and land development regulations will be initiated,
47 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
48 the intent of this part to require the inclusion of implementing regulations in the
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I comprehensive plan but rather to require identification of those programs, activities, and land
2 development regulations that will be part of the strategy for implementing the comprehensive
3 plan and the principles that describe how the programs, activities, and land development
4 regulations will be carried out. The plan shall establish meaningful and predictable standards
5 for the use and development of land and provide meaningful guidelines for the content of
6 more detailed land development and use regulations.
7
8 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been
9 adopted in conformity with this act, all development undertaken by, and all actions taken in
10 regard to development orders by, governmental agencies in regard to land covered by such 6
11 plan or element shall be consistent with such plan or element as adopted. °i
12 (b) All land development regulations enacted or amended shall be consistent with the adopted
13 comprehensive plan, or element or portion thereof, and any land development regulations X
14 existing at the time of adoption which are not consistent with the adopted comprehensive �
15 plan, or element or portion thereof, shall be amended so as to be consistent. If a local �?
16 government allows an existing land development regulation which is inconsistent with the
17 most recently adopted comprehensive plan, or element or portion thereof,to remain in effect,
18 the local government shall adopt a schedule for bringing the land development regulation
19 into conformity with the provisions of the most recently adopted comprehensive plan, or 2
20 element or portion thereof. During the interim period when the provisions of the most 0
21 recently adopted comprehensive plan, or element or portion thereof, and the land CL
tL
22 development regulations are inconsistent, the provisions of the most recently adopted
23 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to
24 an application for a development order. 2
25
26 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
27 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
28 shall be implemented, in part, by the adoption and enforcement of appropriate local
29 regulations on the development of lands and waters within an area. It is the intent of this act
30 that the adoption and enforcement by a governing body of regulations for the development
31 of land or the adoption and enforcement by a governing body of a land development code for W
32 an area shall be based on, be related to, and be a means of implementation for an adopted UI
33 comprehensive plan as required by this act.
34 as
i
35 163.3202, F.S. —Land development regulations.-
36 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for
37 review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and
38 enforce land development regulations that are consistent with and implement their adopted
39 comprehensive plan.
40
41 VI. PROCESS
42
43 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
44 Planning Commission, the Director of Planning, or the owner or other person having a contractual
45 interest in property to be affected by a proposed amendment. The Director of Planning shall review
46 and process applications as they are received and pass them onto the Development Review
47 Committee and the Planning Commission.
48
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I The Planning Commission shall hold at least one public hearing. The Planning Commission shall
2 review the application, the reports and recommendations of the Department of Planning &
3 Environmental Resources and the Development Review Committee and the testimony given at the
4 public hearing. The Planning Commission shall submit its recommendations and findings to the
5 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
6 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
7 recommendation, and the testimony given at the public hearing. The BOCC may or may not
8 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
9 Land Planning Agency, which then reviews the proposal and issues an Objections,
10 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 6
11 180 days to adopt the amendments,adopt the amendments with changes or not adopt the amendment.
12 �C
13 VII. STAFF RECOMMENDATION x
14 CL
15 Staff recommends approval with changes to the Applicant's proposal, as presented in this report.
16
ai
17 VIIL EXHIBITS T-
18
19 1. 2012 Memorandum of Understanding regarding hurricane evacuation. g
0
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Q 4-+ c6 r-I 4- Q � 4-
N aJ cn U cn