Item R4 R.4
BOARD OF COUNTY COMMSSIONERS
County of Monroe fma Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: R.4
Agenda Item Summary #7367
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing regarding adoption of an ordinance by the
Monroe County Board of County Commissioners amending Monroe County 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, as proposed by Smith/Hawks, PL on behalf of Venture Out at
Cudjoe Cay Condominium Association.
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 controlled access gated. master planned community developed prior to the
Venture Out's development its a separate and di stinct inwstcr planned community is unique io 111c
Florida Keys as it is appro itttately over 60 acres in,size,located Ott mile marker 23 on Cudjoe Key,
71ic acrial photograph rotated below shows the Venture Out contma tit s,
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Venture Out was submitted to the eondornirriurn 1'onv4 of ('rA,riershrl) rrr 1971. Verrlrrr•e Out at.
Cu djoe Cay. Inn membership consists of crtrb lot ov,,ner in Venture Out, Out has
suh.)ectecl itself afld e,,xh property o krier thin Ventur..Out do a rri,,as er development pWi, which
anion-st other covenants and restricdons has adopted rules and restrictions (.71 Arles and
I�eitr'ir.tiorr;"), to I roteo the corrriniurritf' character and gr'or,We for the orderly rttanagerrrerrt of
Nentrrrc Out, A cop of which is enclosed as EK' lubu A,
I"he entirety of Venture Out is W1111irr the r'rntrtg district classified as th-b n Re ider'rtlrri
Mobile fir„5rae- Iiiultcri clisrric't (1-11l -I,- ). as shown on tire I lumograp1h b lo%,.
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The Applicant's full explanation and justification of the proposed amendments is included in the file
for the application (File 92019-066).
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).
Comprehensive Plan Policy 101.5.4 states, "The principal purpose of the Residential High (RH)
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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."
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
Cudjoe 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, 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 staff's 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
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
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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.
BOCC Transmittal Hearing
On June 17, 2020, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the staff report, and provided for public
comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning process. The BOCC considered the
applicant's proposed language, staff recommended edits, and the two additional requirements
recommended by the Planning Commission (see two items above). The BOCC voted to NOT
include the additional language proposed by the Planning Commission in the transmittal of the
proposed ordinance to DEO. The BOCC adopted Resolution 185-2020 transmitting the proposed
amendment to the State Land Planning Agency (DEO) for review and comment.
DEO Review
Following their review of the proposed amendment, DEO issued an Objections, Recommendations
and Comments (ORC) report on September 18, 2020 (attached). The ORC report did not identify
any objections, recommendations or comments. The County has 180 days from the date of receipt of
the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
amendment.
The amendment language currently proposed for adoption, shown below, is the same language
that was transmitted to DEO per BOCC Resolution 185-2020.
PROPOSED AMENDMENT
The Applicant's proposed amendment language, as submitted on February 11, 2020, is shown
below with additions underlined, and deletions st+i ke t -,,,,o. Staff recommended edits are
shown with additions in red underline, and deletions
Objective 101.3
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).
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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-dm n , arr� dK
40
1, To not increase the mirricatro e,,,actration clearance time 01 1)erniatient residents, in the
e,-ent of eridj g, r ra -)L mirricart 3 � a r�r rtr l�tor �� rctr�trc rr c1 � i
) �__ _ __._____________.._...
occ IlD rrrt of"Wilts_Witilill Ventair_e Otit_1 r���.. r�(��rdl .................o it it type, r_ rNILired at_least_ 8.
norm, in ad,,'atrce of"tronical storm winds-, A U rroxiniate y 48 hotrrs irr ach grace c i trc Mica
stoirm wind a nian latory e,,actration of" c c�tr rrrt r� r irrr in a )er�manent wart ,rya e
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initiated and a r ratrclator i e,actratrorr o1both the occtr)prat, of recreations "'earc e,--------------------------------
Traci the RVs shall be irritiateci:
, Icrtrt ,t rtrciia() tile rcv i,ic rr, cr1' 1 criic 1r11,` ,`i tine irrterc rtr e riiit;„c i rtrcr(r t r ..
� rrrrrr rt rr g_gationa ,,,eh l itrrrr_ien trse,T�iaNL._oc� rr_�nly ��ithin tine (Lateci.
Ventarre Otrt corIrrIrtrait vita a r�rarra rn entit i re,�orr,i 1e fc)r eaactration-
3, Recreational Vehicle occia)aticies or tenatrci rri .rx ��,Jnic)rrfh or nic)re r p ohibited:
----------------------------------
4, Recreational Vehicles r nist meet all land de,-e o nient re(gtr ations i oo(fin airy
nianagenient retwlatiorrs and ativ btrri�ing co���_r� 1,��rr�r11�rrIs_for recreational ,ehic e :
`, � recretrtrorrar ,,ehicie artist na,,e current licenses recttrrr�d 1or_t�r�)t�wa tr�r,_� 1 e attached
to the site orris'.._ v the aitick di_cootie t_t e itt litre �rrrd no ��rr�ratient additions n trch a
star rooms or state roonis shall be n rm tte,.;.
6, NotNvithstand i n 2 tine tratr,1'er prenjsiorr, N ifhirr 1�o icy 101,6,8, no trait, re(gardles, o1'tr e
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lype N ithin the Ventarre Otrt coninitrnit rtray e tarns, rred to a1oth rite outside cr1'the
Ventarre Otrt coninnraity: Traci.
7, 1n no arse shall recreational ,earc e, (transient rrrrrt, e c e�e c ec �. �s r1c te r�rc te ,
1
Analysis of Proposed Amendment and Staff-recommended Changes
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The amendment language included in this agenda item (the same language transmitted to DEO per
BOCC Resolution 185-2020) includes the Applicant's proposal plus edits recommended by staff 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]ontrolled 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
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
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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
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
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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.
PREVIOUS RELEVANT BOCC ACTION:
• 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).
• In 1997, with the adoption of the Comprehensive Plan's FLUM, the subject property was given
the current FLUM designation of Residential High(RH).
• 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. A summary of the discussion item is provided below for additional
context. The BOCC took no action on the sounding board discussion item.
The sounding board item request stated: [T]o discuss the current stayed pending
code enforcement cases at Venture Out and the ability to obtain and close after-
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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 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 (transient units) and that the County is
not allowing the 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.
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 brief 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.
• On June 17, 2020, at a regularly scheduled meeting, the BOCC adopted Resolution 185-2020
transmitting the currently proposed amendment to the State Land Planning Agency (DEO) for
review and comment.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval of proposed text amendment language with Staffs
recommended edits, as transmitted to DEO per BOCC Resolution 185-2020.
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DOCUMENTATION:
2019-066 BOCC SR 10.21.2020
2019-066 Ordinance DRAFT 7367
2019-066 BOCC Reso 185-2020
2012 Hurricane MOU
2019-066 MONROE CO. 20-04ACSC (P) - ORC
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Emily Schemper Completed 09/30/2020 3:13 PM
Derek Howard Completed 09/30/2020 3:27 PM
Assistant County Administrator Christine Hurley Completed
09/30/2020 5:22 PM
Purchasing Completed 09/30/2020 5:38 PM
Budget and Finance Completed 10/02/2020 8:15 AM
Maria Slavik Completed 10/02/2020 10:27 AM
Liz Yongue Completed 10/02/2020 3:08 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
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MEN
2 \ ,�
3 IM�M
4
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 -aa
11 Resources t
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
14 Q
15 Date: September 28, 2020 X
16 a.
17 Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe
18 County Comprehensive Plan Policy 101.3.1 to allow the interchangeability of mobile lr'
Ci
19 homes and RVs within Venture Out and eliminating the possibility to transfer ROGO
20 exemptions from Venture Out to other locations outside of the Venture Out community
21 as proposed by Smith/Hawks,PL on behalf of Venture Out at Cudjoe Cay Condominium
22 Association. (File 92019-066) a°
23 v
24 Meeting: October 21, 2020
25 O
26 I. REQUEST
27 a
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) ry
31 Section 114-67 to allow for alternate parking off-street parking requirements specific to Venture Out Ci
32 and Code Section 138-22 and to allow the interchangeability of mobile homes and RVs within Venture i
33 Out. On June 26, 2019, the Applicant submitted a revised application with additional information and U)
34 provided supplemental information on October 22, 2019. c y�
35 U
O
36 On February 11, 2020, the Applicant submitted a revised application (the "Application"), replacing the Mi
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 a)
le-
39 Plan Policy 101.3.1 to allow the interchangeability of mobile homes and RVs within Venture Out and Q
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:
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46
47
BOCC SR 10.21.2020 Page 1 of 20
File 2019-066
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3 The Applicant's full explanation and justification of the proposed amendments is included in the file for
4 the application (File 92019-066).
5
6
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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 0
10 Community Meeting and Public Participation 0
11 A community meeting is not required for this application [Ref. LDC Section 102-159(b)(3)].
12
13 Development Review Committee and Public Input
E
14 At a regular meeting held on May 26, 2020, the Development Review Committee(DRC) considered the
15 proposed Land Development text amendment, and provided for public comment.
16 CL
17 Planning Commission and Public Input
18 The Planning Commission considered the proposed amendment at a regular meeting on May 27, 2020,
co
19 provided for public input and recommended approval with changes as discussed during the hearing of
20 the proposed amendment through Resolution P12-20. The Planning Commission's recommended
21 additions to the changes are as follows:
22 CL
23 1. Venture Out Condominium Association shall provide an annual report to Monroe County by CL
24 June 1st to identify the number of RVs, locations (parcel IDs) and property owners, and a copy �
25 of the notification provided to the RV's parcels regarding the mandatory evacuation provisions 0
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 Q
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 Qi
33 mandatory evacuation, shall be restricted from having a Recreational Vehicle as a permitted as
Cn
34 of right use and shall be required to remove the RV and may apply for building permits for a
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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 mi
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 Q
40 Board of County Commissioners Meeting
41 At the January 23, 2019 regular BOCC meeting, there was a Sounding Board discussion item by Bart a
42 Smith, Esq. on behalf of Venture Out of Cudjoe Cay Condominium, Inc., to discuss pending recovery
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
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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. 2
10 Smith also describes a perceived conflict between the definition of mobile homes (permanent units) and 0
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
13 list both uses of as-of-right uses and the existing ability to rent the units as vacation rentals supports the
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 V_
20 includes trying to determine how many units are permanent versus transient. There is brief discussion
21 that the interchangeability may have hurricane model implications and that a code amendment Y
22 submission should include that units cannot be transferred offsite (to not create more hotel units and Q.
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
25 application for a text amendment. Mr. Smith states: "I will gladly submit an amendment that will be 0
26 vetted by staff, we will work together." As required by BOCC rules, the BOCC took no action.
27
28 On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider
29 the transmittal of the proposed text amendment, considered the staff report, and provided for public Q
30 comment and public participation in accordance with the requirements of state law and the procedures Ci
31 adoption for public participation in the planning process. The BOCC considered the recommendations Ci
32 of the Planning Commission but opted not to include the additional language in the transmittal of the Qi
33 proposed ordinance to DEO. The BOCC adopted Resolution 185-2020 transmitting the proposed
Cn
34 amendment to the State Land Planning Agency (DEO)for review and comment.
c�
35
36 Following their review of the proposed amendment, DEO issued an Objections, Recommendations and i
37 Comments (ORC) report on September 18, 2020 (attached). The ORC report did not identify any
38 objections, recommendations or comments. The County has 180 days from the date of receipt of the
39 ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment. Q
40
41 a
42 _
U
43
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I The Venture Out community is located in the lower keys on
2 Cudjoe Key and is situated approximately at mile marker 23 of
3 the Overseas Highway (on the Atlantic Ocean side). The
4 Venture Out community has a FLUM designation of Residential '
5 High (RH) and a zoning designation of Urban Residential
6 Mobile Home—Limited(URM-L).
7 ,
8 In 1970, the Board of County Commissioners passed and
9 adopted Resolution 122-970, which approved the plat for q `'� �' ' 2
10 Venture Out. The plat is recorded in Plat Book 6 Page 56 (1 of 0
11 8) creating 659 platted lots and numerous common use areas. ' S
12
13 In 1986, with the adoption of the Zoning Maps (referred to as
14 the Pattison maps), the subject property was designated Urban
X
15 Residential Mobile Home (URM).
16 CL
17 In 1991, the Board of County Commissioners passed ands
18 adopted Ordinance 024-1991, which amended the Land Use
19 District designation of the subject property from Urban ;
20 Residential Mobile Home (URM) to Urban Residential Mobile
21 Home Limited (URM-L). �
22 0
t� �..
23 In 1997,with the adoption of the Comprehensive Plan's FLUM �-
24 the subject property was given the current FLUM designation of Aa
25 Residential High (RH). a�
26
27 Comprehensive Plan Policy 101.5.4 states, "The principal
28 purpose of the Residential High (RH) future land use category is to provide for high-density single- >
29 family, multi-family, and institutional residential development, including mobile homes and Q
30 manufactured housing, located near employment centers."
31
32 Land Development Code Section 130-53 states, "The purpose of the URM-L district is to recognize the Qi
33 existence of parks and subdivisions which consist exclusively, or almost exclusively, of mobile homes,
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34 but not to create new such areas, in order to permit property owners in such areas to replace or establish
35 mobile homes below base flood elevation as authorized by certified federal regulations."
0
36
37 Additionally, Section 130-100,provides the `as-of-right' uses with the URM-L district as follows:
38 (1)Mobile homes;
39 (2)Recreational vehicles in a registered R V park or park trailers commonly known as park Q
40 models'as defined in F.S. 320.01;
41 (3)Home occupations Special use permit required;
42 (4)Accessory uses;
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()9; 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 0
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:
13 (1) "Motor vehicle"means:
14 (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer
15 combination, or any other vehicle operated on the roads of this state, used to transport persons
16 or property, and propelled by power other than muscular power, but the term does not include Q.
-
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. V_
20 (f A recreational vehicle-type unit primarily designed as temporary living quarters for
21 recreational, camping, or travel use, which either has its own motive power or is mounted on
22 or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public Q.
23 roadways of this state, must comply with the length and width provisions ofs. 316.515, as that Q-
0
24 section may hereafter be amended. As defined below, the basic entities are:
25 1. The "travel trailer, " which is a vehicular portable unit, mounted on wheels, of such a 0
i
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 >
29 feet and an overall body length of no more than 40 feet when factory-equipped for the road. CD
C,
CD
30 2. The "camping trailer, " which is a vehicular portable unit mounted on wheels and ci
31 constructed with collapsible partial sidewalls which fold for towing by another vehicle and Ci
32 unfold at the campsite to provide temporary living quarters for recreational, camping, or CD
�
33 travel use.
34 3. The "truck camper, " which is a truck equipped with a portable unit designed to be
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. mi
37 4. The "motor home, "which is a vehicular unit which does not exceed the length, height,
CD
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 CD
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
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. 0
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
E
14 exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle
15 that contains a towing mechanism that is mounted above or forward of the tow vehicle's
16 rear axle. CL
-
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
Ci
19 as a dwelling when connected to the required utilities and includes the plumbing, heating, air-
20 conditioning, and electrical systems contained therein.For tax purposes, the length ofa mobile
21 home is the distance from the exterior of the wall nearest to the drawbar and coupling
22 mechanism to the exterior of the wall at the opposite end of the home where such walls enclose CL
23 living or other interior space. Such distance includes expandable rooms, but excludes bay CL
24 windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other
25 attachments that do not enclose interior space. In the event that the mobile home owner has 0
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
28 be the length of the drawbar, coupling, or hitch. >
29
30 Land Development Code Section 101-1, further provides that"Recreational vehicle means the same as Ci
31 that term is defined in Section 320.01,F.S. The following applies to recreational vehicles in the county: Ci
32 (1) Excluding temporary housing as set forth in Section 103-1, the tenancy of an occupied Qi
33 recreational vehicle upon a lawful recreational vehicle space shall be less than six months;
cn
34 and 1
0
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 mi
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, Q
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
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 2
10 more in width and over 35 feet in length and which is built on an integral chassis and designed 0
11 to be used as a dwelling when connected to the required utilities. Expandable recreational
12 vehicles, known as "park 177odels,"designed and hitilt as permanent residences, are considered
13 mobile homes as well. (emphasis added)
E
14
15 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel
16 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. CL
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 V_
20 or without meals, and which has common facilities for reservations and cleaning services,
21 combined utilities and on-site management and reception.
22 CL
23 These definitions are provided to assist in the review of the Applicant's text amendment request to CL
24 allow mobile home uses and RV uses to be interchangeable within the Venture Out community.
25 0
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
29 and deletions stfiekeii �hf:effo. Q
30
31 Objective 101.3
32 Monroe County shall regulate new residential development based upon the finite carrying capacity of Qi
33 the natural and man-made systems and the growth capacity while maintaining a maximum hurricane
34 evacuation clearance time of 24 hours.
c.>
35
36 Policy 101.3.1
cg'
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 Q
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 a)
42 development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
43 recognized and issued by the Department of Community Affairs). New residential dwelling units CU
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 0
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
E
14 through the approval of a building permit and no unit, regardless of use type, within the venture Out
15 community may be transferred to another site outside the Venture Out Community_
16 Q.
17 *****
18
ri
19 IV. ANALYSIS OF PROPOSED AMENDMENT AND STAFF-RECOMMENDED
20 CHANGES
21
22 Staff is recommending edits to the Applicant's proposal in an effort to provide for internal consistency CL
CL
23 of the Comprehensive Plan.
24
25 Staff edits are included to address the Applicant's statement in the February 11,2019 revised application a�
26 that:
27 • "...the amendment is consistent with County Comp. Plan Goal 215 by requiring the occupants
28 of Venture Out's units/lots to evacuate "48 hours in advance of tropical storm winds", which Q
29 exceed Comp Plan Policy 215.1.4 requirement that requires mobiles to evacuate within thirty- Q
30 six (36) hours of tropical storm winds."
31 • "Under the current Code, mobile homes are considered permanent residences, whereas RVs are Qi
32 transient units, which are limited to short term use. Pursuant to Sec. 101-1 of the Code, the Cn
33 "tenancy of an occupied recreational vehicle upon a lawful residential vehicle space" is limited 0�
34 to less than six (6) months. Sec. 130-100(a) of the Code establishes the uses that are permitted m
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
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 a)
40 uses, and as such meets this definition." U
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. C,
10
11 Interchangeability
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. a)
CL
16 0
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 "'t
19 dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation Q
20 rental use does not include hotels, motels, and RV spaces, which are specifically addressed in each
21 district." Further, the opinion would imply that other permanent residential single family dwelling units 0
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 �?
24 neighborhoods. 0
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 Q
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 Q
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 Ci
34 Comprehensive Plan are clear in that"park model"recreational vehicles constructed as permanent units,
35 can be treated as mobile homes. 0
m
36
37 Venture Out has a FLUM designation of Residential High (RH) and a zoning designation of Urban Q,
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
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 Ec
42 etc.), or may be approved as an RV use, if it is on its wheels or internal.jacking system and attached to U
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 2
10 (2) specific lots and asserts allowed replacement of recreational vehicles with mobile homes. 0
11 • Lot 55 was issued a replacement RV trailer (the permit application indicates scope of work as
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.
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
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."
Ci
19 Q
20 Based on a review of the permits identified by the Applicant on Lot 55, it is unclear how approval was
21 granted changing a unit from a recreational vehicle (RV) to a mobile home. The Comprehensive Plan
22 in effect at the time did not permit such a change. The current Comprehensive Plan and LDC do not Q.
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 0
26 unit for each type of unit in existence (as originally allowed or permitted).
27
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 N
30 permanent unit(i.e. elevation requirements, anchoring, etc.). Further, the contents of Permit 04104969 C!
31 includes a letter from Venture Out indicating the property owner "has permission from venture out at Ci
32 Cudjoe Key, Inc. to construct: Mobile home replacement, remove existing home...". Therefore, it is Qi
33 clear that in the case of Lot 279, a mobile home was replaced by a mobile home. No interchangeability
Cn
34 was approved.
35
0
As noted above, the Applicant's proposed text, as submitted on February 11, 2020, additions are
shown in underlined, deletions are sue. Staff proposed amendments, with Planning Q
Commission recommended additions as approved through Resolution P12-20, are shown as additions
in red ��r��ledi,ne, deletions are�� � i�:� t h. 04
36
37 *****
38 Objective 101.3 U
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 0
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
13 circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred upland
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). Q.
17
18 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and 'Ir:
19 seasonal residential units are subject to Policy 101.3.5. V_
Q
20
21 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit within
22 the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe Key, that does not Q.
23 increase the number of units, above that which existed on or before January 4, 1996 shall be exempt Q.
c�
24 from the permit allocation (ROGO) system.Policies 101.3.5 and 101.6.8 shall not aply to Venture Out,
25 and the units within Venture Out may be developed as either mobile home or recreational vehicle use 0
26 through the approval of a building 12 out
28 `t�ram-k t4y
2904
30 1, To not increase the hurricane evacuation clearance tinrc o1'Dcmrarrcrrt residents. in tilt event 04
31 o1'a rrcirrr« ir hurrrcarrc €C`cite(gcrr � 3 ..5 a nirIr rclgtor c� rcr��trcirr cis' � c ccr�r��rrrt: cr1' <i
32 un its with i n Venture Out ri*rts, rsrcc urred at Ieast 48 hours in arc,,'arrcc
33 o1' trIMical stoms winds:, A prc xriii,atei y 48 horirs irr ach'ancc of tropical storm wind a U'
34 nianrlatoi-y e,acuation oLoc r.pants re ir.Iirr(, irr Cal .) rniatient unit ha e initiated and a
35 nrandator-y e,acuation of"both the oc�rr. rrrt:, cr1'rccrc rtrcrrr ri �o��icic., '1 � , rrrci t��o r � ., .,��� i
36 be initiated,
i
37 2, NotNvith tandireg tip .._.1�r r�..ions of � olicv 1 1._`�_`�.... the irrt�rci�angeabi tv of r�iobi e_honie
38 and recreational ,'crrci rtrrr the_gated 04
39 Venture Out coniniuntLy,with a rr;rrrr irr« rtit r r�c�ri i i� 1'rrr e��cgatirrrr 1�
40 3, Recreational Vehicle occupancies_car tenaticie of"six,-( 'L r�Yith _or_niore is rc)hfbited
41 4, Recreational Vehicic, 1 1 ti t r rcct all i rrrci ccc Icy lilt r� rt re g r
CU
CU
42 reundation and arry it cockcguire i dirrj� rnie rti for recr . tirrrrci. ,,chicle(. :
43 5, A recreations �ehic e niu t ha,,,e current icens
, requ. irec for �r ��� �y tra el., e attache to
e _______________ __
44 the site on1v by the catic1< cr c e uttardrro � � eit additions such a sun 45 room s or state room s shalI be i)erniitted:
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1 6, Nmvithstan,_itiL,-the-transfer regarcIles's of" Ilse
2 betransferrecl to afloffler site (�-altsicle of file
3 Venture Out coninninitv: and
4 /7 In no case shall recreational i, zJiiJgs tratisient
5
6
7
8 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE .0
9 LOWER KEYS LIVABLE COMMUNIKEYS PLAN,THE PRINCIPLES FOR GUIDING 0
10 DEVELOPMENT,AND FLORIDA STATUTES.
12 A. The proposed amendment may not be consistent with the Monroe County 2030 E
13 Comprehensive Plan,unless staff recommended edits are included as a part of the proposed
X
14 text amendment to ensure internal consistency. Specifically:
15 CL
0
16 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
17 safety of County residents and visitors, and protect valuable natural resources.
Ci
18 QV_
19 Objective 101.3
20 Monroe County shall regulate new residential development based upon the finite carrying
21 capacity of the natural and man-made systems and the growth capacity while maintaining a 6 CL
CL
22 maximum hurricane evacuation clearance time of 24 hours.
23
24 Policy 101.3.1 0
25 Monroe County shall maintain a Permit Allocation System for new residential development
26 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
27 System shall limit the number of permits issued for new residential dwelling units. The ROGO >
Q
28 allocation system shall apply within the unincorporated area of the county, excluding areas N
Q
129 within the county mainland and within the Ocean Reef planned development (Future Ci
30 development in the Ocean Reef planned development is based upon the December 2010 Ocean Ci
Q
31 Reef Club Vested Development Rights Letter recognized and issued by the Department of
32 Community Affairs). New residential dwelling units included in the ROGO allocation system Cn
33 include the following: affordable housing units; market rate dwelling units; mobile homes; and
34 institutional residential units (except hospital rooms). 0
35
36 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
Q
a
37 location, and therefore cannot be accounted for in the County's hurricane evacuation model. a)
V_
38 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be Q
N
39 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet
r_
40 slips are not considered ROGO allocation awards, and may not be used as the basis for any type as
E
41 of ROGO exemption or THE(Transfer of ROGO Exemption).
U
42
43 ROGO Allocations for rooms,hotel or motel; campground spaces; transient residential units; and
44 seasonal residential units are subject to Policy 101.3.5.
45
46 Policy 101.3.5
47 Due to the limited number of allocations and the State's requirement that the County maintain a
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I maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
2 transient residential allocations for hotel or motel rooms, campground spaces, or spaces for
3 parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient
4 units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for
5 use as a ROGO exemption.
6
7 Policy 101.5.5
8 Monroe County shall maintain Land Development Regulations which allow nonconforming S
9 nonresidential and transient uses in the RC, RL, RM and RH future land use categories that 2
10 lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or 0
11 substantially improve provided that the use is limited in density, intensity, floor area, and to the
12 type of use that existed on January 4, 1996.
13
14 Policy 101.6.8
15 Monroe County shall maintain a Transfer of ROGO Exemption (TRE)program, that allows for
16 the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces
17 and/or mobile homes to another site in the same ROGO subarea,provided that they are lawfully �?
18 existing and can be accounted for in the County's hurricane evacuation model. Dwelling units
19 may be transferred as follows: V_
20 a. between sites in the Upper Keys ROGO subarea;
21 b. between sites in the Lower Keys ROGO subarea;
22 c. between sites in the Big Pine Key and No Name Key ROGO subarea; �0
23 i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the �-
c.>
24 Lower Keys ROGO subarea.
25 0
26 No sender units may be transferred to an area where there are inadequate facilities and services.
27
28 Sender Site Criteria:
29 1. Contains a documented lawfully-established sender unit recognized by the County; and Q
30 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's Ci
31 Military Installation Area of Impact(MIAI) Overlay. Ci
32
i
33 Receiver Site Criteria:
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34 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
c�
35 2. Must meet the adopted density standards;
36 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal i
37 wastewater meeting adopted LOS,paved roads, etc.);
38 4. Located within a Tier III designated area; and
39 5. Structures are not located in a velocity (V) zone or within a CBRS unit. Q
40
41 The proposed amendment may be consistent with the Monroe County 2030 Comprehensive a
42 Plan. Specifically:
43
44 Objective 101.2
45 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
46 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a
47 maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
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I Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
2 adopted between the County and all the municipalities and the State agencies.
3
4 Policy 101.2.1
5 Monroe County shall maintain a memorandum of understanding with the State Land Planning
6 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
7 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
8 variables and assumptions, including regional considerations, for utilizing the Florida Division
9 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations 2
10 ("TIME") Model to accurately depict evacuation clearance times for the population of the 0
11 Florida Keys.
12
13 Policy 101.2.2
14 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
15 and Division of Emergency Management to update the variables and assumptions for the
16 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
17 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
18 to the 2012 completed hurricane evacuation clearance time modeling by the State Land
19 Planning Agency,which incorporates the 2010 Census data, the County may allocate 10 years' V_
20 worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-
21 20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24
22 hours. The County will adopt a slower rate of annual allocations for market rate development Q.
23 to extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see �-
c.>
24 Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1)
25 statutory changes for hurricane evacuation clearance time requirement standards; 2) new 0
26 hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency
27 Management; and 3) a new or revised memorandum of understanding with the State Land
28 Planning Agency,Division of Emergency Management,Marathon,Islamorada,Key West,Key >
29 Colony Beach and Layton (see Policy 101.2.1). Q
30
31 Policy 101.2.3
32 The County will consider capital improvements based upon the need for improved hurricane Qi
33 evacuation clearance times. The County will coordinate with the FDOT,the state agency which
Cn
34 maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized.
c�
35
36 Policy 101.2.4 i
37 In the event of a pending major hurricane (Category 35) Monroe County shall implement
38 the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
39 hurricane evacuation clearance time for the resident population. Q
40 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
41 residents,visitors,recreational vehicles(RVs),travel trailers,live-aboard vessels(transient a)
42 and non-transient), and military personnel from the Florida Keys shall be initiated. State
43 parks and campgrounds should be closed at this time or sooner and entry into the Florida CU
44 Keys by non-residents should be strictly limited.
45 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
46 mobile home residents, special needs residents, and hospital and nursing home patients
47 from the Keys shall be initiated.
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1 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
2 of permanent residents by evacuation zone (described below) shall be initiated. Existing
3 evacuation zones are as follows:
4 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
5 b) Zone 2 -Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
6 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
7 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
8 106.5 and MM 1-9.5 of CR 905)
9 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
10 0
11 The actual sequence of the evacuation by zones will vary depending on the individual storm.
12 The concepts embodied in this staged evacuation procedures should be embodied in the
13 appropriate County operational Emergency Management Plans.
E
14
15 The evacuation plan shall be monitored and updated on an annual basis to reflect increases
16 decreases and or shifts in population; particularly the resident and non-resident populations.
17
18 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
19 allocations to more than 197 residential units a year, except for affordable housing. Any V_
20 increase in the number of allocations shall be for affordable housing.
21 B. The proposed amendment may not be consistent with the Lower Keys Livable
22 Communikeys Plan, unless staff recommended edits are included as a part of the proposed text
23 amendment to ensure consistency. Specifically:
24
25 Goal
26 Goal 1: Monroe County shall manage future growth to preserve the rural or low density
27 community character, protect the natural environment of the Lower Keys, and maintain and
28 encourage commercial revitalization along the U.S. 1 corridor. Community character includes >
29 the cultural/traditional heritage, physical character, and scale of the businesses that serve the Q
30 local community in the Lower Keys area.
31
32 Objective 1.2 �
33 Monroe County shall continue to use the Land Use District Map and Future Land Use Map WCn
34 categories to regulate land use by type, density, and intensity.
c�
35
36 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use i
37 districts as the primary regulatory tools for evaluating development proposals.
38
39 C. The amendment may not be consistent with the Principles for Guiding Development for the Q
40 Florida Keys Area, Section 380.0552(7), Florida Statutes, unless staff recommended edits
41 are included as a part of the proposed text amendment.
42
43 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan V
44 with the principles for guiding development and any amendments to the principles,the principles
45 shall be construed as a whole and no specific provision shall be construed or applied in isolation
46 from the other provisions.
47
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I (a) Strengthening local government capabilities for managing land use and development so that
2 local government is able to achieve these objectives without continuing the area of critical
3 state concern designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
5 seagrass beds,wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
7 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
8 beaches, wildlife, and their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 2
10 economic development. 0
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
12 Keys.
13 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
E
14 environment, and ensuring that development is compatible with the unique historic character
15 of the Florida Keys.
16 (g) Protecting the historical heritage of the Florida Keys.
17 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and �?
18 proposed major public investments, including:
19 1. The Florida Keys Aqueduct and water supply facilities; V_
20 2. Sewage collection, treatment, and disposal facilities;
21 3. Solid waste treatment, collection, and disposal facilities;
22 4. Key West Naval Air Station and other military facilities;
23 5. Transportation facilities; �-
c.>
24 6. Federal parks, wildlife refuges, and marine sanctuaries;
25 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 0
26 properties;
27 8. City electric service and the Florida Keys Electric Co-op; and
28 9. Other utilities, as appropriate. >
29 (i) Protecting and improving water quality by providing for the construction, operation, Q
30 maintenance, and replacement of stormwater management facilities; central sewage N
31 collection; treatment and disposal facilities; and the installation and proper operation and Ci
32 maintenance of onsite sewage treatment and disposal systems. V_i
33 (j) Ensuring the improvement of nearshore water quality by requiring the construction and W
34 operation of wastewater management facilities that meet the requirements of ss.
c�
35 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
36 central wastewater treatment facilities through permit allocation systems. mi
37 (k) Limiting the adverse impacts of public investments on the environmental resources of the
38 Florida Keys.
39 (1) Making available adequate affordable housing for all sectors of the population of the Florida Q
40 Keys.
41 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
42 a natural or manmade disaster and for a postdisaster reconstruction plan.
43 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and V
44 maintaining the Florida Keys as a unique Florida resource.
45
46 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
47 with the Principles for Guiding Development as a whole and is not inconsistent with any
48 Principle.
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1
2 D. The proposed amendment may not be consistent with the Part II of Chapter 163, Florida
3 Statute (F.S.), unless staff recommended edits are included as a part of the proposed text
4 amendment. Specifically:
5
6 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
7 and enhance present advantages; encourage the most appropriate use of land, water, and
8 resources, consistent with the public interest; overcome present handicaps; and deal
9 effectively with future problems that may result from the use and development of land within 2
10 their jurisdictions. Through the process of comprehensive planning, it is intended that units 0
11 of local government can preserve, promote, protect, and improve the public health, safety,
12 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
13 general welfare; facilitate the adequate and efficient provision of transportation, water,
E
14 sewerage, schools, parks, recreational facilities, housing, and other requirements and
15 services; and conserve, develop, utilize, and protect natural resources within their
16 jurisdictions. CL
17
18 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
19 legal status set out in this act and that no public or private development shall be permitted V-
20 except in conformity with comprehensive plans, or elements or portions thereof, prepared
21 and adopted in conformity with this act.
22 CL
23 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards
24 and strategies for the orderly and balanced future economic, social,physical, environmental,
25 and fiscal development of the area that reflects community commitments to implement the 0
26 plan and its elements. These principles and strategies shall guide future decisions in a
27 consistent manner and shall contain programs and activities to ensure comprehensive plans
28 are implemented. The sections of the comprehensive plan containing the principles and
29 strategies, generally provided as goals, objectives, and policies, shall describe how the local CD
30 government's programs, activities, and land development regulations will be initiated, Ci
31 modified, or continued to implement the comprehensive plan in a consistent manner. It is not Ci
32 the intent of this part to require the inclusion of implementing regulations in the CD
i
33 comprehensive plan but rather to require identification of those programs, activities, and land
Cn
34 development regulations that will be part of the strategy for implementing the comprehensive
c�
35 plan and the principles that describe how the programs, activities, and land development
36 regulations will be carried out. The plan shall establish meaningful and predictable standards mi
37 for the use and development of land and provide meaningful guidelines for the content of
CD
38 more detailed land development and use regulations.
39 CD
40 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been
41 adopted in conformity with this act, all development undertaken by, and all actions taken in a)
42 regard to development orders by, governmental agencies in regard to land covered by such M
43 plan or element shall be consistent with such plan or element as adopted.
44 (b) All land development regulations enacted or amended shall be consistent with the adopted
45 comprehensive plan, or element or portion thereof, and any land development regulations
46 existing at the time of adoption which are not consistent with the adopted comprehensive
47 plan, or element or portion thereof, shall be amended so as to be consistent. If a local
48 government allows an existing land development regulation which is inconsistent with the
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I most recently adopted comprehensive plan, or element or portion thereof,to remain in effect,
2 the local government shall adopt a schedule for bringing the land development regulation
3 into conformity with the provisions of the most recently adopted comprehensive plan, or
4 element or portion thereof. During the interim period when the provisions of the most
5 recently adopted comprehensive plan, or element or portion thereof, and the land
6 development regulations are inconsistent, the provisions of the most recently adopted
7 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to
8 an application for a development order.
9 0
CL
10 163.3201,F.S. —Relationship of comprehensive plan to exercise of land development regulatory 0
11 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
12 shall be implemented, in part, by the adoption and enforcement of appropriate local
13 regulations on the development of lands and waters within an area. It is the intent of this act
14 that the adoption and enforcement by a governing body of regulations for the development
15 of land or the adoption and enforcement by a governing body of a land development code for
16 an area shall be based on, be related to, and be a means of implementation for an adopted CL
17 comprehensive plan as required by this act.
18
19 163.3202, F.S. —Land development regulations.— V_
20 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for
21 review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and
22 enforce land development regulations that are consistent with and implement their adopted Q.
23 comprehensive plan. Q.
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24
25 VI. PROCESS
26
27 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
28 Planning Commission, the Director of Planning, or the owner or other person having a contractual
29 interest in property to be affected by a proposed amendment. The Director of Planning shall review N
30 and process applications as they are received and pass them onto the Development Review �!
31 Committee and the Planning Commission. �!
Q
32
33 The Planning Commission shall hold at least one public hearing. The Planning Commission shall W
34 review the application, the reports and recommendations of the Department of Planning &
35 Environmental Resources and the Development Review Committee and the testimony given at the 0
36 public hearing. The Planning Commission shall submit its recommendations and findings to the mi
37 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
38 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
39 recommendation, and the testimony given at the public hearing. The BOCC may or may not Q
40 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
41 Land Planning Agency, which then reviews the proposal and issues an Objections, a)
42 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
CU
43 180 days to adopt the amendments,adopt the amendments with changes or not adopt the amendment.
44
45 VII. STAFF RECOMMENDATION
46
47 Staff recommends approval with changes to the Applicant's proposal, as presented in this report.
48
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I VIII.EXHIBITS
2
3 1. 2012 Memorandum of Understanding regarding hurricane evacuation.
0
CL
CL
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0
CL
CL
04
Ci
V-
Ci
i
U)
CD
i
04
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1
2
3
4
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 0
9 ORDINANCE NO. -2020
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING POLICY 101.3.1
14 THE MONROE COUNTY 2030
15 ALLOW THE INTERCHANGEABILITY OF MOBILE HOME AND
16 RV USES WITHIN VENTURE
Ci
17 ELIMINATING THE POSSIBILITY TO TRANSFER ROGO
18 EXEMPTIONS FROM VENTURE OUT TO OTHER LOCATIONS
19 OUTSIDE OF THE VENTURE OUT COMMUNITY,AS PROPOSED
20 , PL ON BEHALF OF VENTURE OUT AT
21 CUDJOE CAY CONDOMINIUM ASSOCIATION; PROVIDING
22 FOR SEVERABILITY; PROVIDING FOR REPEAL OF
23 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
24 TO THE STATE LAND PLANNING AGENCY AND THE
5 INCLUSION IN THEa
26PROVIDING
27 AN EFFECTIVE DATE. ( ie 1 - )
co
28 r-
29 �-
30 WHEREAS, on April 11, 2019, the Planning and Environmental Resources Department
31 received an application from Barton W. Smith of Smith/Hawks PL (the "Agent") on behalf of
32 Venture Out at Cudjoe Cy Condominium Association (the "Applicant,") to amend the Monroe
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33 County Land Development Code Section 11 -67 to allow for alternate parking off-street parking
34 requirements specific to Venture Out and amending Section 13 -22 and to allow the
35 interchangeability of mobile homes and RVs within Venture t; and
36
r
7 WHEREAS, on June 2 , 2019, the Applicant submitted revised application with
38 additional information and provided supplemental information on October 22, 2019; 04
3
40 WHEREAS, on February 11, 2020, the Applicant submitted a revised application (the
41 "Application'), replacing the proposed text amendment to the L C with a proposed text
2 amendment to the 2030 Monroe County Comprehensive Plan (the "Comprehensive Plan");
3
WHEREAS,44 the Applicant is proposing to amend Comprehensive Plan Policy 11.3.1 to
5 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
WHEREAS, the Monroe County Development Review Committee (DRQ reviewed and
5 considered the proposed amendment at a regularly scheduled meeting held on May 26, 2 ; and
6
7 WHEREAS, the Monroe County Planning Commission held a public hearing on May 27,
CL
2020, for review and recommendation of approval with changes as discussed uri the hearing 0
9 on the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, based upon the information and documentation submitted, the Planning
12 Commission made the following Findings of Fact and Conclusions of Law:
13 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
14 Monroe County Year 2030 Comprehensive Plan; and ,
15 2. The proposed amendment is consistent with the Principles for Guiding Development
Ci
16 for the Florida Keys Area of Critical State Concern, Sec. 3 .0552(7), F.S.; a
17 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
18 4. The proposed amendment will not result in an adverse change in community character
19 to the sub-area which a proposed amendment affects or to any area in accordance with
20 the Lower Keys Livable CommuniKeys master plan pursuant to findings of the BOCC;
21 and
22
23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 12-20
24 recommending approval with changes as discussed during the hearing of the proposed amendment.
25 The Planning Commission's recommended additions to the changes are as follows: >
26
co
27 1. Venture Out Condominium Association shall provide an annual report to Monroe
28 County by June I" to identify the number of RVs, locations (parcel I s) and property
29 owners, and a copy of the notification provided to the V's parcels regarding the
30 mandatory evacuation provisions in the County and the Venture Out
31 Community. Additionally, the Venture Out Condominium Association shall provide
CU
32 reports to Monroe County after each major hurricane (Category 3--5), within 30 days of
33 the storm event, that identify the owners and parcels with RVs that did not evacuate.
34 Venture Out Community authorizes Monroe County to conduct all necessary site visits and 1
35 inspections on the subject property; and Q
36
37 2. Any parcel with a permitted RV on the parcel that is not removed and evacuated with 04
38 a mandatory evacuation, shall be restricted from having Recreational Vehicle as a
39 permitted as of right use and shall be required to remove the RV and may apply for building
40 permits fora mobile home use. The Venture Out Condominium Association shall track and U
41 annually report to Monroe County of the non-compliant properties. Monroe County shall
2 execute a deed restriction on suchparcel(s) eliminating uses on such parcel(s),
3 subsequent to a finding of violation by the Monroe County Code Compliance Special
44 Magistrate;
5
Ord a-20® Page 2 of
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Packet Pg.4410
R.4.b
I WHEREAS, at a regular meeting held on the 17`h day of June, 2020, the Monroe County
2 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
3 text amendment, considered the staff report and provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
5 public participation in the planning process; and
6 g
CL
7 WHEREAS, at the June 17, 2020, public hearing, the BOCC considered the proposed 0
Ordinance and transmitted the proposed text amendment to the State Land Planning Agency; and
10 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
11 Objections, Recommendations and Comments ( C) report on September 1 , 2020, received by
12 the County on September 18, 00; and
CL
13
r
14 WHEREAS, the O C report did not identify any objections, recommendations or
Ci
15 comments; and V_
16
17 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 0
CL
18 proposed amendment, adopt the amendment with changes or not adopt theamendment; and CL
1
20 WHEREAS,at a regularly scheduled meeting on the 2 1"day of October, 2020,the BOCC
21 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
22
23 NOW, THEREFORE, BE IT ORDAINED
24 COMMISSIONERS OF MONROE COUNTY, FLORIDA: co
25
26 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
27 (Deletions are so ; additions are shown underlined): i
2
CU
2
30 Objective 101.3
31 Monroe County shall regulate new residential development based upon the finite carrying capacity
32 of the natural and man-made systems and the growth capacity while maintaining a maximum
33 hurricane evacuation clearance time of 24 hours.
3
35 Policy . .
36 Monroe County shall maintain a Permit Allocation System for new residential development known
37 as the Residential Rate of Growth Ordinance( O) System.The Permit Allocation System shall
38 limit the number of permits issued for new residential dwelling units.The ROGO allocation system
39 shall apply within the unincorporated area of the county, excluding areas within the county
0 mainland and within the Ocean Reefplanned development(Future development in the Ocean Reef
1 planned development is based upon the December 2010 Ocean Reef Club Vested Development
42 Rights Letter recognized and issued by the Department of Community Affairs). New residential
Ord - 0® Page 3 of
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R.4.b
I dwelling units included in the ROGO allocation system include the following: affordable housing
2 units; market rate dwelling units; mobile homes;and institutional residential units(except hospital
rooms).
5 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
6 location,and therefore cannot be accounted for in the ot 's hurricane evacuation model. Under
o circumstances shall a vessel, including live-aboard vessels, or associated wet slips be
CL
transferred or converted to a dwelling unit of any other type. Vessels or associated wet slips 0
e not considered allocation awards, and may not be used as the basis for any type of
10 ROGO exemption or T " (Transfer of ROGO Exemption).
11
12 ROGO Allocationsfor rooms, hotel ormotel; campground s aces; transient residential units; and
13 seasonal residential units are subject to Policy 11. .5.
1
15 For purposes oft is Polic , the_redevelopment or replacement of any lawfully established unit
16 within the Venture out community, which is located in the Lower Keys at MM23 on CudiCi
oe ev.
17 that does not increase the number of units, above that which existed on or before ry 4, 19 6
CD
18 shall be exempt from the permit allocation ( )system. Policies 101. .5 and 10 1.6.8 shall not
19 apply to Venture Out, and the units within Venture Out mgy be developedas either mobile home
20 or recreational_vehicle use throu2h the anvroval of a builin er it, rovi t following are Q.
e
1 et:
2
23 1. To not increase the hurricane evacuation clearance time of 1permanent residents, in the
24 event of a pending major hurricane (Cate or 3--95), a mandatory evacuation of all
25 occu_ants_of units within Venture Out. regardless of unit type, is reguired at least 48
26 hours in advance of tropical storm winds. Approximately 48 hours in advance o
27 tropical storm winds, mandate evacuation of occu ants residing in a permanent unit
co
28 shall be initiated and a mandatory evacuation of boththe occu ants of recreational
29 vehicles ( s) and the RVs shall be initiated-
30 2. Notwithstandine_the orovisions of Policy 101.5.5, the interchangeability of mobile
1 home( anent) and recreational vehicles (transient)uses may occur only_MiLhin the
32 gated Venture Out community with a managingentity responsible for evacuation:
CU
33 3. Recreational Vehicle occupancies or tenancies of six ( ) months or rngIg i ro ibited;
Recreational Vehicles must meet all land development regulations, floodi2lain
35 management regulations and any building code requirements for recreational vehicles- 1
36 5. A recreational vehicle must have current licenses required for hiy travel, be CD
37 attached tote site only by the ouick disconnect-tvr)e utilities, and no Dermanent
CD
38 additions such as sun rooms or state rooms shall be pe itte .
9 6. Notwithstandins the transfer provisions within Policy 11.6. , no unit, re gar less of
0 use tyl2e, within the Venture Out community may be transferred to another site outside
1 of the Venture Out co unity: a U
2 7. In no case shall recreational vehicles (transient units) be developed as a hotel/motel.
4
4
45
r - 0 Page 4 of 5
File 2019- 66
Packet Pg.4412
R.4.b
I Section 2. Severabi i If any section, subsection, sentence, clause, item, change, or
2 provision of this ordinance is held invalid,the remainder of this ordinance shall not
3 be affected by such validity.
4
5 Section 3. Re f Inconsistent Provisions. All ordinances or parts of ordinances i
6 conflict with this ordinance are hereby repealed to the extent of said conflict. 0
7 0
Section s itt . This ordinance shall be transmitted by the Director of Planningto the _
9 State Land PlanningAgency pursuant to Chapter 163 and 380, Florida Statutes.
10
11 Section 5. FilingEffective e. This ordinance shall be filed in the Office of the
12 Secretary of the State of Florida but shall not become effective until a notice is
13 issued by the State Land Planning Agency or Administration Commission finding
14 the amendment in compliance with Chapter 163, Florida Statutes and after any '
15 applicable challenges have been resolved. Ci
16
17 Section 6. Inclusionin the Comprehensive Plan. The text amendment shall be incorporated U
18 in the Monroe County Comprehensive Plan. The numbering of the foregoing 0
19 amendment may be renumbered to conform to the numbering in the Monroe County
20 Comprehensive Plan.
1
22 PASSED AND ADOPTED y the Board of County Commissioners of Monroe County, Florida,
23 at a regular meeting heldon the day o
24 >
25 Mayor Heather Carruthers
co
26 Mayor Pro Tem Michelle Coliro
7 Commissioner Craig Cates
28 Commissioner David Rice
9 Commissioner Sylvia Murphy
30
CU
31
32 BOARD OF COUNTY COMMISSIONERS
33 OF MONROECOUNTY, FLORIDA
3 ,
35
36 BY 04
37 MAYOR HEATHERCARRUTHERS
3
39 (SEAL)
40 ATTEST: KEVIN MADOK, CLERK
1
2 O'" O A 0 N ' OFFICE
3 p r R
44 AS DEPUTY CLERK Pau . , E SCULL
r 20® as : 1 '.. �
CO
File 201 -06
Packet Pg.4413
R.4.c
1
2
3
4
5
6
MONROE COUNTY,FLORIDA
8 BOARD OF COUNTY COMMISSIONERS CL
9 RESOLUTION NO.- 5-2020
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING POLICIES 1013.1,
14 1013.5, AND 101.6.8 OF THE MONROE COUNTY 2030
15 COMPREHENSIVE PLAN TO ALLOW THE CL
16 INTERCHANGEABILITY OF MOBILE HOME AND RV USES
17 WITHIN VENTURE OUT ON CUDJOE KEY, ANDCi
is ELIMINATING THE POSSIBILITY TO TRANSFER ROGO
19 EXEMPTIONS FROM VENTURE OUT TO OTHER LOCATIONS
20 OUTSIDE OF THE VENTURE OUT COMMUNITY, AS
21 PROPOSED BY SMITH/HAWKS, PL ON BEHALF OF VENTURE CL
e
22 OUT AT CUDJOE CAY CONDOMINIUM ASSOCIATION; CL
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
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 2019-066)
04
29 <4
r
30 "'
00
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 continent on a proposed amendment to the Monroe County
37 Year 2030 Comprehensive Plan as described above;and
38
39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 04
4o of County Commissioners support the requested text amendment;
41
42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCU
43 COMNIISSIONERS OF MONROE COUNTY,FLORIDA:
44
Resolution No. 185-2020 Page l of 2
BOCC Transmittal: File 2019-043
Packet Pg.4414
R.4.c
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 Secdon 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 0
52 163.3184(4),Florida Statutes. CL
0
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
58 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
59 resolution to the Director of Planning. CL
60
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 jj day of June Ci
,2D2a.
63
64
65 Mayor Heather Carruthers,District 3 Yes CL
66 Mayor Pro Tem Michelle Coldiron,District 2 Yes CL
67 Commissioner Craig Cates, District 1 Z es^
68 Commissioner David Rice,District 4 Yes
69 Commissioner Sylvia Murphy,District 5 yes
70..
71 U)
72 "`
04
73 BOARD OF COUNTY COMMISSIONERS
74 r- OF MONROE COUYTY,FLORIDA Ln
00
75
76 x = BY
MAYO R CARRUTHERS
�-
i
KEVIN OK,CLERK
f04
UTY CLERK
C+g111 "�
U
r*«
AM ST MT
Do"
Resolution No. 1$5-2020 Page 2 of 2
BOCC Transmittal: File 2019-043
Packet Pg.4415
R.4.c
Exhibit A
',
3 �, s
r ( Y x
5 }
6
7 MONROE COUNTY, FLORIDA 0
MO+NI OE COUNTY BOARD OF COUNTY COMMISSIONERS
0
9 ORDINANCE NO. -2020
�
111
12 AN ORDINANCE BY THE MONROE CIARD OF
13 COUNTY C€ MISSIONERS AMENIJ�IP ,P't7L r 101. .1,
14 101.3.5, AND 101.6.8 OF THE M CO 2030
15 COMPREHENSIVE ELAN LOW E
16 INTERCHANGEABILITY OF M E HO E AND RV S.,
17 WITHIN VENTURE OUT ON CU Y, ) ELI INAI' � C;
18 THE POSSIBILITY TO TRANSFER R TIONS E
19 VENTURE OUT TO OTHERLOC'ATI UTSIIIE OF THE
20 VENTURE OUT C 1UNITY, A. ROPOSEI1 BY
21 SMITH/HAWKS, PL ON LF OF OUT AT
22 CUI1JOE CAY CONDOM �, OCIATI ROVIDINC
23 FOR SEV RA ILITY; P 'VI � F0 PEAL OF
4 CONFL ICTING PROVISIONS;. , = I: TRANSMITTAL
2 TO THE AND " NING : wENCY AND THE
26 SECRET ' OF r t E; PR V ' INC FOR INCLUSION IN THE
27 MONR 1NTY °fi ]"vII ICE J� PLAN; PROVIDING FOR >
2 AN FFFEC II �Fl� (119 04
-
29 . xf,. ., 04
.. 4- '
3
31 EI EAS, i ," rl 11, 9, the Planning and Environmental Resources Department 0
32 rece c application I3arto i` 4nnith of Smith/1-lawks PL (the "Agent") on behalf of
33 Ver 'ur „ . t C:ud'joe Ca t ,ndon-ti, turn Association (the "'Applicant,") to amend the Monroe
34 County Lan§f , velopment e Section 114-67 to allow for alternate parking off-street parking
'fie totore Out and amending Section 1311-22 and to allow the
35 requirements
3 6 interchangeabilit' obil noes and RVs within Venture Out; and
371`'
3 8 WHEREAS, r� June 2 , 2019, the Applicant submitted a revised application with Q
39 additional infortvaatiorl and provided supplemental information on October 22, 2019;
4
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 elin-rinating the
Ord -2 _ Page I of 6
Nile 2019-066
Packet Pg.4416
R.4.c
l possibility to transfer ROGO exemptions from Venture Out to other locations outside of the
2 Venture Out community;
4 WHEREAS,the proposed amendment naay impact Comprehensive Plan Policies 101.3.5
5 and 10 1.3.8 and therefore star` is recommending changes to the proposed amendment to ensure
h internal consistency with the adopted Comprehensive Plan;
0
WHEREAS,, the Monroe County Development Review Committee (DRC) reviewed and CCL
`
9 considered the proposed amendment at a regularly scheduled meeting on May 26, 2020; and 0
10
1 l WHEREAS,the Monroe County Planning,Commission t, public hearing on May 27
12 2020, for review and recommendation of approval with, chap - as Essed during the hearing
13 on the proposed Comprehensive naive Plan text amendment-, and,
ex
15 WHEREAS, based upon the information documentation subrn the Planting
16 Commission made the following Findings of Fa ncluAN,
f Law-
V co
17 1. The proposed amendment is consistent it ' £ bgectives and olicies of the
s
'
1 Monroe County Year 2030 Comprehen sive P �d
19 2. The proposed amendment is isistnt with the iples for Guiding Development
20 for the Florida Keys Area of � `� Mate Concern, 180,055 2(7) F. .;and CL
o
21 3. The proposed amendment is co Part 11 of r 163, Florida Statute; CL
22 4, The proposed amendment will n esu _ verse 'ange in community character
t
23 to the sub-area which a proposed `" en ant � r to any area in accordance with
24 the Lower K. Commum master pl `pursuant to findings of the BOCC
25 and h '`
27 WHEREAS, the Mon IOU ' annrng C ittssion adopted Resolution No. P 12-20 CD
2 recontendtn vai wit during the hearing of proposed amendment. C,,
29 The Plann s re vended a ions to the changes are as follows: 00
0'
3tl _
0
31 Venture Out oininr�, isociation shall provide an annual report to Monroe
32 by .tune 1 � 1ent�f='the nurnber of RVs, locations (parcel ls) and property
33 owni' nd a copy the notification provided to the RV"s parcels regarding the
34 man `' evac:uat { " provisions in the County and the 'Venture Out
35 +Cornmum ddit ally, the 'Venture Out Condominium Association shall provideCD
36 reports to Mo ,t ; -:aunty° after each major hurricane (Category 3 -5), within 30 days of
37 the storm evert;` that identify the owners and parcels with RVs that did not evacuate.
38 Venture Out °omn'mnity 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
Card -20—
Page 2 of
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Packet Pg.4417
R.4.c
1 execute a deed restriction on such parcels) 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 17`h day of June, 2020, the Monroe County
6 board of County Commissioners held a public hearing to consider the trail smittal of the proposed
7 text amendment, considered the staff report and provided for public comment and public
CL
8 participation in accordance with the requirements of state law and th procedures adapted for 0
9 public participation in the planning process: and
10
11 WHEREAS, at the June 17, 2020, public hearing, t ,considered the proposed
12 Ordinance and transmitted the proposed text amendment t th tate 1 E lanning Agency; and
13 -
14 WHEREAS, the State Land Planning Age reviewed the amen and issued an e�
15 ObJections. Recommendations and Comments ort o 20 -} ceived by
r ei
16 the County on , 20_: and �� "
Ott
17
18 WHEREAS, the CHIC report ldf id not identify b ections, recommendations or
0
CL
19 comments; andCL
20
1 WHEREAS the County has 180 da fro cei_t of the O C to adopt the
22 proposed au cndnteu�t, ad� ends uer�t W - `an ,cs ork `t adopt the amendment; and
24 ' HEREA i ularl `Fheduuled mee n the day of 20_, the
5 BOCC" held a public he to , r adopti of the proposed Comprehensive flan text
26 amendment: Ln
41 ftjki
s Asa ss '`1 00
28 NO HlE+1RE1~`OR� E � � . MINED BY THE BOARD OF COUNTY
29 CQ „ , ONERS CAE OE OUNTY,1 FLORIDA:
30 s
31 Section 1. s
ext of tlu onroe County Comprehensive Plan is hereby amended as follows32 ( ` "gris a 1" hown e through, additions are shown underlined}':
,
34 0,
,'
35 Obiective 141.3
36 Monroe County shall regulate new residential development based upon the mite carrying capacity
37 of the natural and man-made systeuns and the growth capacity while maintaining a maximum U
3 8 hurricane evacuation clearance time of 24 hours.
39
411 11 of cy' 101,3,1
1 Monroe County, shall maintain a Permit Allocation Systems for new residential development known
42 as the Residential Rate ofGrowth Ordinance(RC GO)System,The Permit Allocation System shall
Ord -20 Page 3 of 6
File 201.9-066
Packet Pg.4418
R.4.c
I limit the number ol`permits issued for new residential dwel I Ing 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 .....eel`
4 planned development is based upon the December 2010 Ocean Reef`Club Vented Development
5 Rights Letter recognized and issued by the Department of Community Affairs). New residential
fa 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 0
8 rooms), CL
0
9
10 Vessels are expressly excluded from the allocation system, as the v s` ,not occupy a distinct
11 location,and therefore cannot be accounted for in the County's hu e evacuation model. Under
12 no circumstances shall a vessel, including live-aboard V S,' associated wet slips be E
13 transferred upland or converted to a dwelling unit of any othe d Vie.VIC r associated wet slips
14 are not considered ROGO allocation awards. and may e used as t sis for any type of
15 ROGO exemption or THE (Transfer of ROGO l~;xern r, an). CL
16 an
17 ROGO Allocations for rooms, hotel or motel; ca rp d spac`'` i transient resid 'I units, and co
18 seasonal residential units are subyject to Policy l01.3.5, '
1
20 For purposes of this colic = the redevel rent or re-lacen fan lawfull established unit
21 within the Venture out community. hicl , bbated in the Lowliftevs at MM23 on Cud`oe_Ke 0
u
22 that sloes not increase the number of units o{- hich exist or before =lanuar 19
23 shall be exerm t from ilae ermit allocation(MUG G - olicie '' 01. .5 and 101.6.8 shall not
24 gppl ,to Venture Out and the units within Ve` ur ,' ut m "- ` velWed-as either mobile home
25 or recreational vehicle a " the approvARa bui ldirlv6ermit, provided the following are
26 met;
27
28 1, To not increl hu 1` �Ri
�� evacuatroearance time-ref ermanent residents in the Q
29 evert#,uf a vend% �f ate or L_5 a mandatory evacuation of all
3t nets indenture tat re ardless of unit t e is re aired at least 4 00
0'
31 �i)hours in z •Mice of al storm winds Approximately 48_hours in advance of 0
32 ,s" ;5 tro ical storm` s,a rm 'Y evacuation ofoccupants residua in a eranarent unit
3 xu° all be_initiate ` ` d a n Bator , evacuation of both the occu ants of recreational
34 "`' Wiles RVs an "``
lee RVs shall be initiated,°
35 2. No standingprovisions of Policy 101.5.5, the interchan eabilit of mobile
36 home" 'F` aanent;rand recreational vehicles transient uses-mar occur only within the
37 gated V t conmunit with many rin ent`rt responsible four evacuation,•
38 3. Recreation {vehicle occ _a_ncies or tenancies of six months or more is rohibited•
04
3 4. ReereationI Vehicles must meet all land development _regulations, flood lain
40 naarsa ement regulations s and any building code re uirements for recreational vehicles
41 5. A recreational vehicle must have current licenses required for hi hwa f travel be
42 attache to the site only by the quick csconnect�t e utilities, and no_ enmanentCU
43 additions such as sun rooms or state rooms shall be permitted <
44 6, Notwithstandin the transfer provisions within-Policy 101.6.8 no unit regardless of
45 use type within the Venture Out community may be transferred to another site outside
46 of the Venture Out contnaunity• and
Ord -2 _ Page 4 of
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Packet Pg.4419
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1 T Its no case shall recreational vehicles Ltransient unitsj be developed as a hotel/motel.
2.
4
5 Section 2. Severabilitv. If any section, subsection, sentence, clause, iten-i, change, or
provision of this ordinance is held invalid{the remainder of this ordinance shall not
be affected by such validity.
CL
9 Section 3. repeal of Inconsistent Provis,ions. All ordinances arts of ordinances in <
10 conflict with this ordinance are hereby repealed to extent of said conflict.
11 �
12 Section 4. Transmittal.This ordinance shall be transmit by th ctor of planning to the
13 State Land Planning Agency pursuant to 63 and Florida Statutes.
14 ffil0 �Q5
W
15 Section 5. Filing and Effective Tate. This ante s , it be Filed in rce of the
16 Secretary of the State of Florida' ut not " nee effective �` `l a notice is cli
17 issued by the State Land Planning A en , minrstration Cot i fission finding
18 the amendment in comp, iance with Chapt Florida 'Statutes and after any �
19 applicable challenges hav $`` resolved. � 0
CL
20 � ,
21 Section 6, Inclusion in the Comprehe E Ve test an rent shall be incorporated
22 in the Monroe County Comp4 lie e' numbering of the foregoing
23 amendrne ' enumbered onform to e numbering in the Monroe County
24 Cotn pr nsive �`4s
25 r 1
26 04
227 MASSED A " EU e 0 - ty Commissioners of Monroe County, Florida, 04
2 at a real" 1, e rr ,n the , day of 00
2t� �30 k �or 1-leather Carruthers
1 +5 ayor Para T"em Michelle Coldiron t�
l �
32 5 t7r' Commissioner Craig Cates
33 rtt$ t �`` Commissioner David Rice
3 + k«j't ' Commissioner~ Sylvia Murphy
5
36ftF,J N
�e.
37 BOARD OF COUN TY COMMISSIONER �
38 OF MONROE COUNTY, FLORIDA
3
40
41 BY
42 MAYOR HEATHER CARRUTH ,R
43
4 (SEAL)
Ord -20— Page 5 of 6
File 201 -066
Packet Pg.4420
R.4.c
5 DEPUTY CLERK
ATTEST: KEVIN MADOK, CLERK
CL
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CL
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Ord -2c Page 6 oi`6
File 2019-066
Packet Pg.4421
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ABU lCI-fY'VNES
The Florida Keys Only Daffy Newspaper,Est. 1876
PO Box 1800,Key fist FL 33041
P.(305)292-7777 ext.219 F:(305)295-8025
"als®keysoo"com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY 0
KEY LARGO FL 33037 CL
D
Account: 138694 Ticket: 345091
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
CL
Before the undersigned authority personally appeared
hA EL— who on oath says that he or she is
Ci
of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said 0
newspaper in the issues of: CL
CL
Sunday,May 31,2020
Afflant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has 04
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or;redn fo a purpo o securing this advertisement for publica- u7
00
s pe.
D
(Signature of Affiant)
ad an sub cribed before me this 1 Sth day of June 2020
�
{Not ublic Signa )
04
(Notary Pilblic Printed Name) (Notary Seal)
My commission expires :2X 40
U
Personally Known X Produced Identification
Type of Identification Produced
60 Mb, Sue"n Stamper
COMMM" WOM2
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Packet Pg.4422
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC
HEARING NOTICE OF CHANGE TO MONROE COUNTY
COMPREHENSIVE PLAN NOTICE OF CHANGE TO THE
MONROE COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO THE MONROE COUNTY CODE
OF ORDINANCES NOTICE OF CHANGE TO THE MONROE
COUNTY FUTURE LAND USE MAPS
June 17, 2020 0
CL
Pursuant to EvwAve Order No.2D-88,Monroe Comfy Emergency Directive 2G-M,and Center far Disease O
Control("CDC)social distancing guidelines established to oontaln the spread of the OOVID-119 virus,Vie June
17,2020 meeting of the Bawd of County CDmmieeicnere w l be conducted via Communkation Mettle
Technology['chm using a Zoom Wlsbkw plafform.Please note that It Executive Order 20419,as extended by
Executive Order 20-112 is rescinded,a traditional five meeting will be Field at the Nelson Gavernmard Center
located at 102050 Ovwsm Highway,Key Largo,FL 33037. The meeting will commence at 9:W A.M.
PUBLIC WEARING&1M PM(or as soon*mwatter as may be hearto:
a)
AMENDING THE H
MONROE COUNTY COMPREHENSIVE PLAN;ADOPTING THE 10-YEAR WATER SUPPLY PLAN UPDATE EL
TO BE CONSISTENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOWER EAST COAST
WATER SUPPLY PLAN UPDATE OF 2018; PROVIDING FOR SEVFAABILITY;PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS;PROVIDING FORTRANSMITTALTOTHE STATE LAND PLANNING AGENCYAND cli
THE SECRETARY OF STATE;PROVIDING FOR.INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN;PROVIDING FOR AN EFFECTIVE DATE{FILE 2019-102)
ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO
ADD DEFINITIONS FOR HAZARDOUS VEGETATION AND MAJOR PRUNING;AND TO AMEND SECTION 114- O
103 TO PROVIDE FOR A PRUNING AND TREE REMOVAL PERMIT,FEE AND MITIGATION EXEMPTION AS EL
PROVIDED BY STATE STATUTE,AND TO INCORPORATE ATEMPORARY PERMITTING SUSPENSION BYTHE EL
DODO FOR THE MAJOR PRUNING OR REMOVAL OF NATIVE HAZARDOUS VEGETATION AFTER A NATURAL
DISASTER; PROVIDING FOR SEVERABILTTY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; :
PROVIDING FORTRANSMFTTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENTTO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT i
CODE;PROVIDING FOR AN EFFECTIVE DATE. {FILE 2019-130)
AMENDING
MONROE COUNTYCODE OF ORDINANCES SECTION 6-100,FOR CERTAIN PERMIT EXCEPTIONS RELATED
TO PRUNING,TRIMMING,OR REMOVAL OF TREES;PROVIDING FOR SEVERABILRY;PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE 04
MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.(F8-E 2019-130) 04
Ln
AN gflQINANCE BY MONROE QOUWY--jjQARQ OF COUNTY QOMIMISWNERS
ADOPTING 00
AMENDMENTS TO THE MONROE COUNTY 203D COMPREHENSIVE PLAN TO AMEND POLICY 101.5.26 TO v✓
REDUCE THE OPEN SPACE RATIO FOR THE RECREATION"FUTURE LAND USE CATEGORY•PROVIDING O
FOR SEVERABILFlY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR
AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING
FOR AN EFFECTIVE DATE. (FILE 2019.131)
AN QRDINAKF. BY THE MONROE MUNTY BOAFIO ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 122.4(B)
(4)TO ELIMINATE THE ABILITY FOR A MANUFACTUREDIMOSILE HOME TO BE PLACED AT AN ELEVATION
BELOW BASE FLOOD ELEVATION AND SECTION 130-53 TO AMEND THE PURPOSE OF THE URBAN
RESIDENTIAL MOBILE HOME—LIMITED DISTRICT(URM-L)TO ELIMINATE PROVISION THAT PROVIDES v✓
FOR A MANUFACTUREDAMOBILE HOME TO BE PLACED AT AN ELEVATION BELOW BASE FLOOD 04
ELEVATION AND SECTION 130-100 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT USE WITHIN
THE URBAN RESIDENTIAL MOBILE HOME—LIMITED DISTRICT(URM-L);PROVIDING FOR SEVERAEILITY,
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND
INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENTOODE;PROVIDING FOR AN EFFECTIVE U
Cc
DATE. (FILE 2020-017) «
AN ORDIMNCE BY THE hMR09 COUNTY BOARO OF COUNTY C91MMISSION AMENDING
THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH (FAH)TO INSTITUTIONAL
(INS).FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA
HAVING PARCEL ID OfDiS1740-DD0100,AS PROPOSED BY OCEAN REEF CHAPEL,INC.;PROVIDING FOR
SEVERASILrM PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN
THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220)(See Map 1 belrnv4
AMENDING
POLICIES 101.3.1, 101.3.5.AND 101.6.8 OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
ALLOW THE INTERCHANGEABILITY OF MOBILE HOME AND RV USES WITHIN VENTURE OUT ON CUDJOE
KEY,AND EUMINAT114G THE POSSIBILITY TO TRANSFER ROGO EXEMPTIONS FROM VENTURE OUT TO
OTHER LOCATIONS OUTSIDE OF THE VENTURE OUT COMMUNITY,AS PROPOSED BY SMITHA-1AWKS
a nu ACLiel C na 1=06M . ff - -... ....,.......... --___ -- -- Packet Pg.4423
PROVOWSKI FOR TftVd*ATTAL TO TFE S LC LAW.PL AA09P4 AL&C,A.W.:rE SIE�OF 5POE
P ROYIDING FOR AMENDMENT TO AND OdOOFFORATON&w THE UOPSKX COLP&TY LAND DEVELOPMENT
CODE;PROVIDING FOR AN EFFECTIVE DATE. #FILE 2C'9-13Q
AN ORDINAKE BY JHE MQNROE COUNTY BOARD OF Cf7171rT11 COMiAL4S10NEAS AMENDING
MONROE COUNTY CODE OF ORDINANCES SECTION 6-100,FOR CERTAIN PERMIT EXCEPTIONS RELATED
TO PRUNING,TRIMMING, OR REMOVAL OF TREES;PRDV11XNG FOR SEVERABLLI Y; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECT VE DATE.(FILE 2019-130)
AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25 TO
REDUCE THE OPEN SPACE RATIO FOR THE RECREATION(R)FUTURE LAND USE CATEGORY,PROVIDING
FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTALTO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR
AMENDMENT TO AND iNCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING
FOR AN EFFECTIVE DATE. (FILE 2019-131)
AN ORDINANCE NY IbE MONROE COUNTY BOARD OF COUNTY COMMISSIONER S ADOPTING O
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(B)
CL
(4)TO ELIMINATE THE ABILITY FOR A MANUFACTUREDIMDBILE HOME TO BE PLACED AT AN ELEVATION O
BELOW BASE FLOOD ELEVATION AND SECTION 130-63 TO AMEND THE PURPOSE OF THE URBAN
RESIDENTIAL MOBILE HOME—LIMITED DISTRICT(URM-L)TO ELIMINATE PROVISION THAT PROVIDES
FOR A MANUFACTURELVMOSILE HOME TO BE PLACED AT AN ELEVATION BELOW BASE FLOOD
ELEVATION AND SECTION 130-100 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT USE WITHIN
THE URBAN RESIDENTIAL MOBILE HOME—LIMITED DISTRICT(URM-L);PROVIDING FOR SEVERABILITY,
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE
DATE. (FILE 2020-017) 1a)
CL
AN ORDINANCE BY THE MONROE COUNIx_BOARD OF COUNTY COMMISSION FJiS AMENDING
THE MONROE COUNTY FUTURE LAND 119E MAP FROM RESIDENTIAL HIGH (I"TO INSTITUTIONAL ,
(INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA,
HAVING PARCEL ID 00081740-000100,AS PROPOSED BY OCEAN REEF CHAPEL,INC.;PROVIDING FOR eo
SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN
THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTNE DATE.(FILE 2019-2201(See Map 1 below) O
AN ORDINANCE NY THF. MQtIEM !;QUNI[Y BOARD OE COUffff COMMISSION AMENDING CL
POLICIES 101.3.1, 101.3.5,AND 101.6.8 OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO CL
ALLOW THE INTERCHANGEABILITY OF MOBILE HOME AND RV USES WITHIN VENTURE OUT ON CURIAE
KEY,AND ELIMINATING THE POSSIBILITY TO TRANSFER ROGO EXEMPTIONS FROM VENTURE OUT TO
OTHER LOCATIONS OUTSIDE OF THE VENTURE OUT COMMUNITY,AS PROPOSED BY SMITHMAWKS
PL ON BEHALF OF VENTURE OUT AT CUDJOE CAY CONDOMINIUM ASSOCIATION; PROVIDING FOR
SEVERABILITY",PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIOING FOR TRANSMITTAL i
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN
THE MONROE COUNTY COMPREHENSIVE PLAN;PROV11ONG FOR AN EFFECTIVE DATE.
(FILE 2019-066)
MAP 1
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00=1740-000100
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Please visit the Monroa County Webs Ito at www.monroacounly-fLgg_tor meetin)T agenda updates and O
Information regarding She various options available to the public to view the live meeting anWor to make
public comments on Certain agenda items.
Pursuant to Section 2860105 Florida Statutes, if a person decides to appeal any decision of the Board of
County Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a
record of the proceedings,and that,for such purpose,he or she may deed to insure a verbatim record of the
proceedings is made,which record includes the testimony&evidence upon which the appeal is to be based.
ADA ASSISTANCE:N you are a person with a dfaabh*who needs spedW accommodations In order
to parts 4 wto in this proceeding,please contact the County Administrator's OfRce,by phonhrp(305)
292-4441,between the hours of&30 a.m.-540 p.m.,no later than live M)calendar days prior to the
scheduled meeting;rY you are hearing or voice impWrac(caN"71I."
roar w.2WO Ker V49 G6rn
Packet Pg.4424
R.4.d
N
I
MONROE E COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
0
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA, RELATING TO THE STATE OF
FLORIDA'S 2012 HURRICANE EVACUATION CLEARANCE TIME
WORK GROUP HURRICANE EVACUATION MODEL WORK X
PROGRAM TASKS OF RULE 8- U.140, F.A.C.; AND THE STATE'S
RECOMMENDED ALLOCATION OF RESIDENTIAL BUILDING
PERMITS TO MONROE COUNTY; PROVIDING FOR SE 'ER.A ILITY
AND AN EFFECTIVE DATE.. Ci
0
WHEREAS, the Florida Legislature and the Administration Commission have included
Monroe County within the designated Florida Keys .Area of Critical State Concern (Section
38 .05, 380.0552, Florida Statutes, and
WHEREAS, the Florida Legislature and the Administration Commission have mandated
that Monroe County include within the goals, objectives, and policies of its Comprehensive Plan
treasures to protect public safety and welfare in the event of a hurricane, by maintaining an >
evacuation clearance time for permanent residents of no more than 24 hours (Section
380.0552( )(a)2., Florida Statutes; Rule 8-20.140(5)(a)12. and 14., F'.A.C.); and
CrJ
WHEREAS, the Monroe County 2010 Comprehensive Plan includes Objective 101.2 U
which directs Monroe County to reduce the hurricane evacuation clearance times to 24 hours by
the year 2010, and Policy 216.1.8 establishing that in the event of a pending major hurricane
(category 3-5) Monroe County shall implement a staged/phased evacuation procedures to
achieve and maintain an overall 24-hoar hurricane evacuation clearance time for the resident
population, by evacuating: 1) Approximately 48 hours in advance of tropical storm winds, a
mandatory evacuation of non-residents, visitors, RV's. travel trailers, live-aboard, and military
personnel from the Keys shall be initiated. 2) Approximately 36 hours in advance of tropical
storrn winds, a mandatary evacuation of mobile home residents, special needs residents, and
hospital and nursing home patients from the Keys shall be initiated, and. 3) .Approximately 3
hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents
by evacuation zone, and
WHEREAS, the Florida Legislature further mandated that the hurricane evacuation
clearance time for Monroe County and other local governments within the Florida Keys Areas of
Critical State Concern (ACSC) and the Key merest Area of Critical State Concern shall be
Page I of
Packet Pg.4425
R.4.d
determined by a state-approved hurricane evacuation study, conducted in accordance with a
professionally accepted methodolo y (Rule 28-20.140(5)(a)I L, F.A.C. and Pule 28-36. F.A.C.);
and
WHEREAS, the Administration Commission directed the State Department of Economic
Opportunity (DEO), by July 1, 201.2, to apply the derived clearance time to assess and determine
the remaining allocations for the Florida Keys and Key West AC Cs or identity alternative:
evacuation strategies that support the 24 hour evacuation clearance time (Rule 28-
20.140(5)(a)12.. and1 ., F.A.C.); and
CL
WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group 0
included representation. from Monroe County, the City of Key West., lslarnorada, Village of
Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon(the "Local
Governments"); and
WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group (the
Work Group) evaluated, provided input, and, and ultimately recommended Scenario M5 from CL
among the scenarios provide by DEO at its June 8, 2012 Work Group meeting; and ,
WHEREAS, `scenario M5 included the 2010 Census site-built units (43,760 units, Ci
27,320 occupied units); a 90% participation rate; the maximum number of residential building
permits for new construction for all Local Governments per year for 10 years or 3,540 (annually,. �
County 197, Marathon 30, lslamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 0
CL
1,248 mobile home units projected to convert to site-built units; the exclusion of 870 dwelling
units on the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126,
as recommended by Monroe County Sheriff's Office. Further, the Fork Group recommended
Scenario M5 with the provision that the City of Key Nest would transfer annually (lay July 13th)
any remaining or unused ( 0 allocations) allocations to the other Local Governments based upon
the Local Governments' ratio of vacant land; and
WHEREAS,, DEO and the local Governments recognize that significant vacant lands
remain in the Florida. Keys, including: Monroe County with 8,758 vacant parcels (77% of total
vacant lands), Marathon with 1,281 vacant parcels (11%), lslamorada with 1.109 vacant parcels �
(10%), Key Colony Beach with 92 vacant parcels (0,81%), Key West with 8,4 vacant parcels
(0.74%), and Layton with 13 vacant parcels (0.11%) and
WHEREAS, the hurricane model for determining clearance time and., ultimately, the
tate's allocation of County residential building; permits. is maintained and run by the DEO and
other state agencies; and
WHEREAS, DEO has determined, Leased on its data, input variables, and assumptions as
set forth in Part Two of the attached MOO, that the Florida Division of Emergency
Management's (DEM) Transportation Interface for Modeling. Evacuations ("TIME") Model is
the model acceptable to DEO to accurately depict evacuation clearance times for the population
of the Keys AC Cs; and
11FREA , Marathon, Key Lest, Layton, Monroe County, and Islarnorada staff'
requested new participation rate studies be conducted.., due principally to the low sample sizes
primarily for mobile homes relied upon by DEO and DEO anticipates conducting additional
Page 2 of 5
Packet Pg.4426
human behavioral studies regarding participation rates in the future, prior to any further
adjustments to the County's allocation of building permits; and
WHEREAS, DEO has determined that mobile home residents live in vulnerable housing
and should be encouraged to evacuate before residents of site-built homes, consistent with the
adopted staged/phased evacuation comprehensive plan policies; and
WHEREAS, the Focal Governments recognize that the data, input variables, and
assumptions DEO has incorporated into its hurricane evacuation model and this M U are
subject to change when the 2020 Census data becomes available, and
CL
WHEREAS, the County is directed by Rule 8-20.140(5)(a)l1, F.A.C. to enter into a.
memorandum of understanding (MDIJ) with the DEO and the other local governments in the
Florida Keys & Key West ACSC, which M U stipulates to the input variables and assumptions
the DEO has used in the Florida Keys Hurricane Evacuation Model, or other models acceptable
to the DEO, to accurately depict evacuation clearance times for the population of the Florida
Keys; and I
CL
WHEREAS, the County wishes to comply with Rule 28-2 .14 , F.A.C. and ensure the
availability of residential buildings permit allocations, consistent with.. the County's ability to "i
safely evacuate its visitors and residents, and the intent of the Florida Keys ACSC to "protect the
constitutional rights of property owners to own., use, and dispose of their real property" (section U
380.055 ( )(f), Florida statutes); and 0
CL
CL
WHEREAS, DEO officials have indicated, by letter to Monroe County Mayor David.
Rice, dated July 30, 2012, that a minimum of 3,540 additional allocations could be distributed
among Florida Keys Locals Governments, still maintaining an evacuation clearance time of 24
hours; and
WHEREAS, DEO will report to the administration Commission on the review and
completion of Work program tasks in pule 28-20,140(5)(a)l 1.-1 ., F.A.C., and provide the
recommended allocation rates and distribution of allocations; and
WHEREAS, the County has the following understandings, based on staffs discussions U
with DEO officials, and is relying on same, pending Administration Commission approval, in
passing this resolution:
04
V_
(a) that at least 1,970 of the available 3,540 permits will be allocated to the County, for
issuance within unincorporated Monroe County, after July 1, 2013, at an annual rate the County
deems appropriate and in accordance with its Comprehensive Plan, through June 30, 2023; and
U
(b) that, after July 1, 2013, any permits allocated by the state to the City of Key West,
which are not used within a given allocation year or for which the City is not eligible, will be
distributed among the other local governments in the Florida Keys ACSC, in accordance with the
proportion of vacant lands, in each jurisdiction, as indicated in the final report of the Work
Group; anal
WHEREAS, the Administration Commission has directed DEO, DEM, and the Local
Governments in the Keys to enter into an MOO to stipulate to the input variables and
Page 3 of
Packet Pg.4427
R.4.d
assumptions, including regional considerations, for utilizing the Florida Keys Hurricane
Evacuation Model or other models acceptable to DEO in order to accurately depict evacuation
clearance times for the population of the Florida Keys (Rule 211-20.140( )(a)11., F.A.C.); and
WHEREAS, at least 34 days notice and comment period for interested parties has been
provided, as required by Rule 28-26.140(5)(a)11, F.A.0 i
NOW, THEREFORE, ICE IT RESOLVED, by the board of County Commissioners of
Monroe County, Florida, as hallows:
0
ARTICLE I
1. That the Board of County Commissioners hereby stipulates, pursuant to Rule 28-
2 .140(5)(a)11, F.A.C., that;
a. DEO has determined that the Florida Division of Emergency Management's
Transportation Interface for Modeling Evacuations ("TIME") Model is the model
acceptable to DEO to accurately depict evacuation clearance times for the population
of the Florida. Keys; and Ci
V-
b. DEO has identified, and the 2012 Hurricane Evacuation Clearance Time Work Group
has recommended, the data, input variables, and assumptions set forth in part Two of
CL
the attached Memorandum of Understanding for utilizing the TIME Model to depict a CL
24-hour evacuation clearance time for the population of the Florida Keys..
C. DEO has recommended that a minimum of 3,540 additional allocations could be
distributed among; Florida Keys Local Governments, while still maintaining an
evacuation clearance time of 24 hours, and recognizes that Monroe County is
anticipated to receive 1,970 allocations for the time period of July 1, 2413 to .tune 30 D
2023.
2. That County staff' is hereby directed to coordinate with the state and other Local CU
Governments in the Florida Keys ACwSC and the Key West ACSC, in order to establish a
fortnal process facilitating the transfer of allocations from the City of Key West to the other
local governments, based on the relative percentage of vacant lands within each Local
Government, as assumed in the final report of the Work Group, for any allocations in the
prior allocation year(s) which:
a. The City of Key West is ineligible to receive for failure to comply with state law
regarding mandated comprehensive plan adoptions or updates; or
. Are not allocated by the City during the prior allocation year, through its adopted
building permit allocation ordinances.
3. That Monroe County Mayor David Rice is hereby authorized to execute the attached.. MOIJ
on behalf of the Board of County Commissioners.
Page 4 of
Packet Pg.4428
ARTICLE II
GENERAL, PROVISIONS
SECTION 2.01 Severability
If any section, subsection, sentence, clause, or provision of this resolution is held invalid or
unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect
the validity of the remaining portions, which shall be in full force and effect and be valid as if
such invalid portion thereof had not been incorporated herein.
CL
SECTION 2.02 Effective Date
This resolution shall become effect immediately upon its adoption.
x
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
CL
at a regular meeting of the Board held on the 21" day of September, 2012.
r
Ci
Mayor David Lice Yes
Mayor fro Tem Kim Wigington N
Commissioner George Neugent Yes 0
CL
Commissioner Heather Carruthers Yes CL
Commissioner Sylvia Murphy Yes
act
BOARD OF COUNTY COMMISSIONERS
LL- OF MflNROE COUNTY FLORIDA A
LLJ CD
BY
Mayor David ce U
y
04
04
ATTEST:.'DAsNNY L. KOLHAG , CLERK �oA���v 1's To ATTORNEY
DEPUTY CLERK
papet
Packet Pg.4429
R.4.d
8-0 -1
HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF
MONROE,CITY OF HEY WEST",ISLAMORADA,VILLAGE OF ISLANDS,CITY OF LAYTON,
CITY OF KEY COLONY BEACH,CITY OF MARATHON,AND FLORIDA DIVISION OF
EMERGENCY MANAGEMENT
0
CL
This Memorandum of Understanding ("MO ") is entered into by and between the State of
Florida's Department of Economic Opportunity (the `DEO"), the Florida Division of Emergency
Management (the "Division"), and Monroe County, the City of Key West, Islamorada, Village of
Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local
Governments") (all collectively known as the"Parties") for the purpose of complying with Rules 28-18,
8-1 ,and 28- 0,Florida Administrative Code.
RECITALS;
Ci
WHEREAS, the Local Governments of the Florida. Keys are within two areas that the Florida
Legislature and the Administration Commission have designated as Areas of Critical State Concern (the
Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0 ,
Florida Statutes, and Florida Administrative Code Chapter 8-36, hereinafter referred to as the "Keys 0
Q.
ACSCs";and CL
WHEREAS, the Local Governments have adopted state mandated Comprehensive Plans and
Land Development Regulations,which have been approved by the State,as required by law, and
WHEREAS, the States. Legislative Intent in designating, the Local Governments as Areas of
Critical State Concern includes:
(a) Establish a land use management system that protects the natural environment of the Florida
Keys;
CU
(b) Establish a land use management system that conserves and promotes the community
character of the Florida Keys;
(c) Establish a land use management system that promotes orderly and balanced growth in 04
accordance with the capacity of available and planned public facilities and services;
(d)Provide affordable housing in close proximity to places of employment in the Florida Keys; U
(e) Establish a land use management system that promotes and supports a diverse and sound
economic base,
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real
property;
l
Packet Pg.4430
R.4.d
08-0 -12
(g) Promote coordination and efficiency among governmental agencies that have permitting
jurisdiction over land use activities in the Florida Keys;
(h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive
lands within the Florida Keys.;.
(i) Protect and improve the nearshore water quality of the Florida Keys through the construction 2
CL
and operation of wastewater management facilities that meet the requirements of Sections 0
381.0065(4)(1)and 403.086(10),Florida Statutes, as applicable;and.
) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552( )
Florida Statutes);. and
x
WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to
hurricanes;and
r
WHEREAS,the Florida Legislature and the Administration Commission have mandated that theCi
Local Governments (except the City of,Key West) include within the goals, objectives, and policies of
their respective Comprehensive Plans treasures to protect public safety and welfare in the event of a
hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours
(Section 380.055 ( )(a) . Florida Statutes, Rule 8-18.400(5)(a)10., F_A.C., Rule 78-1q.310(5)(a)5., ,CL
L
1j.A,C.,and Rule 8- 0.140(5)(a)14.,F.A.C.);and CL
WHEREAS,, Florida Administrative Code Rule 28-3 .003(2)(a)7. requires that the City of Key
West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and 2
WHEREAS, the ;Florida Legislature further mandated that the hurricane evacuation clearance
time for the Florida Keys ACSC shall be determined by a state-approved hurricane evacuation study,
conducted in accordance with a professionally accepted methodology; and
WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide
Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral U
Surveys Volumes -11, and was funded by the state Legislature and the Federal Emergency
Management Agency ("FEMA"),provided the State's principal source of professionally acceptable data
and analysis, augmented by other sources of data and analysis as referenced herein, for determining
input variables and assumptions depicting evacuation clearance times for the population of the Florida
Keys;and
WHEREAS, the Administration Commission has directed. DED, by July 1,, 2012, to apply the U
CU
derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or
identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and
WHEREAS, the Administration Commission has directed DEC}, the Division, and the Focal
Governments to enter into this MOO to stipulate to the input variables and assumptions, including
regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models
7
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acceptable to DEO in order to accurately depict evacuation clearance times for the population of the
Florida Keys ACC;and
WHEREAS, DEO has determined that the Florida Division of Emergency Management's
Transportation Interface for Modeling Evacuations("TIME")Model is the model acceptable to DES.}to
accurately depict evacuation clearance tunes for the population of the Keys ACSCs;and
WHEREAS,the Local Governments of the Florida Keys, except the City of Key Colony beach,
CL
have regulated the rate and distribution of growth by implementing permit allocation systems to address o
hurricane evacuation clearance times;and
WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in
the Florida Keys: Monroe County with 8,758 vacant parcels(77%of total vacant lands),Marathon with
1,281 vacant parcels (1I%o), Islarnorada with 1,109 vacant parcels 10%), Key Colony Beach with 92
vacant parcels (0.81%Q), Key West with 84 vacant parcels (0.74°l6), and Layton with 13 vacant parcels
( .11%) and
r
WHEREAS , DEO and the Focal Governments recognize the need to balance limiting theCi
maximum number of building permits for new construction of residential units to be issued annually in
the Florida Keys with fairness and consideration of private property rights,and
WHEREAS, to address hurricane evacuation modeling for the Florida Keys ACSCs, DEO 0
CL
established a Hurricane Evacuation Clearance Time Work Group ("Work Group") consisting of elected CL
officials from each Local Government and representatives from DEG and DEM; in addition DEO
invited representatives of special interests in the Florida Keys to participate, including the Florida Keys
Federation of Chambers of Commerce, the Florida Restaurant and Lodging Association, the Lodging 2
Association of the Florida Keys and Key'Vest,the Monroe County Sheriff's Office, Naval Air Station-
Key West,, the environmental community, and a citizen's advocacy group; and further DEO requested
technical advisors from DEG, the Division, and the Local Governments as well as the Northeast Florida
Regional Planning Council, the South Florida Regional planning Council, Monroe County Emergency
Management, the National 'leather Service,the National Hurricane Center, and the Florida Department
of Transportation to participate in meeting discussion;and
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WHEREAS, four advertised public workshops were conducted in the Florida Keys there the
Work Group reviewed studies and data from DEO and other agencies related to the occupancy,
participation, human behavior,, response curves, capacity of the evacuation route., and the number of
automobiles that will likely be evacuated,and other factors;and
WHEREAS, the Work Group evaluated information, provided input, and ultimately
recommended Scenario M5;and U
WHEREAS, from among the scenarios provided by DEO at the June 8, 2012,. Work Group
meeting, Scenario M5 included the 2010 Census site-built units (43,760 units); the maximum number of
residential building permits for new construction for all Local Governments per year for 10 years
(annually,County 197,Marathon 30, Islamorada 28,Key West 90, Key{Colony Beach 6 and Layton 3);
1,248 mobile home units projected to convert to site-built units; the exclusion of 870 dwelling units on
Packet Pg.4432
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the Naval Air Station; as well as two (2) functional evacuation lanes from M.M 108-12.6. Further, the
Work Croup recommended Scenario M5 with the provision that the City of Key "Nest would transfer
annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local
Govermnents based upon the Local Governments' ratio of vacant land; and
WHEREAS, following the June 8, 2012, Work Croup meeting, technical corrections were made
to the Census site built units revising that number to 43,718 and revising the Key West building permit
allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the 2
CL
population of the Florida Keys; and o
WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the
population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach
and to that end, having participated as members of the Work Croup, acknowledge that the input
variables and assumptions identified in this MOU are those which DEO finds accurately depict
evacuation clearance times for the population of the Florida Keys for a Category 3-5 hurricane event,as
required by Administrative Rule; and
r
WIIERFAS, Marathon, Key Nest, Layton, Monroe County, and lslarnorada requested newCi
participation rate studies be conducted, due principally to the low sample rates primarily for mobile
homes relied upon by DEG and,
WHEREAS, the Work Group accepted the participation rates recommended by DEC), including o
those for mobile homes, and DEO agreed to seek funding to provide education to mobile home
occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes;and
WHEREAS, the Local Governments recognize that the data, input variables, and assumptions 2
DEC)has incorporated into its hurricane evacuation model and this MOU are subject to change when the
2020 Census data becomes available.
NOW THEREFORE,the parties set forth the fallowing understandings:
Q)
PART ONE: RECITALS cri
The above recitals are incorporated into this MOU and made a part hereof.
PART TWO :DATA INPUT VARIABLES AND,ASSUMPTIONS
<4
The Human Behavioral Studies from the 2010 Statewide regional Evacuation Study, the 2010
Census as supplemented by the 2006-2010 American Community Survey, Smith. Travel Research, and
data from the Department of Business and Professional Regulation, Division of Motels and Restaurants,
and Statewide Regional Evacuation. Study Program for the South Florida region are the best available
and most relevant data and analysis. The following input variables and assumptions provide the basis,
when used in the TIME model, to accurately calculate evacuation clearance times for the population of
the Florida Keys, and DEO will recommend same to the .Administration Commission to determine the
remaining development allocations for the Florida Keys:
4
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A. Number and Occupancy of Units by type of Unit:
1, Tourist Units: 13,6+55 tourist units with 11,287 occupied units for the month of July (the
month with highest average number of permanent and seasonal residents and tourists). The
data source for the number and type of units and vehicular use is the Statewide Regional
Evacuation Study Program for the South Florida Region and the Department of Business and
Professional Regulation,.Division of Hotels and Restaurants, licensee File Database,District
1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel
CL
Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units o
is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone _
Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated
herein as.Exhibit 1.
2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source
for the number and type of units, the vehicular use and occupancy of the units is the 2010
Census supplemented by the 2006-2010 American Community Survey for Monroe County
and the Statewide Regional Evacuation Study Program for the South Florida Region. A.
listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Ci
Evacuation Zone Occupancy Data for Site-Built and Mobile Homes, is attached and
incorporated herein as Exhibit 2.
. Site-Built Units: 43,718 Site-built units with 27,320 occupied units,. The data source for the 0.
o
number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 200 0.
-
2010 American Community Survey and the Statewide Regional Evacuation Study Program
for the South Florida Region, See Exhibit 2.
B. Response Curve; The assumed Response Curve for model runs is 12 hours for all unit types as
utilized in the 2010 Statewide Regional Evacuation 'Study Program for the South Florida Region.
C. Participation lutes: The assumed Participation Rates are:
1. Tourist units: 100%
2. Mobile home units: 1 t1f1% U
3. Site-built units; (}%for a Category 5 event
04
The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional
Behavioral Analysis Volumes 2-11, prepared for the South Florida Region, which DED has determined
f reflect the best available data at this time.
D. Vehicle Usage by Units by type of Unit: A: listing of the vehicle count and usage by Traffic
Evacuation. Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles
owned that will be evacuated (Exhibit 4).. Exhibits 3 and 4 are based upon the 2010 Statewide
Regional Evacuation Study and are attached and incorporated herein.
E. Vehicle Usage by the Special Population. Exhibit S represents the number of vehicles that.
will be contributed by Naval Air Station — Rey Nest and the Florida Treys Community College and is
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based upon correspondence from Naval Air Station-Y Key West and the assumption that each of the 100
dorm beds from the Florida.Keys Community College will contribute one evacuating vehicle per bed.
F. Evacuation Stream. The evacuation stream from Monroe County is the only assumed traffic
demand considered.
G. Roadway Capacity. The Roadway Capacity, dated July 18, 2010, established by the Florida 0
Department of Transportation is attached and incorporated herein as Exhibit G.
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H. Evacuation procedures. The following evacuation procedures have been adopted or
substantially adapted by the Local Governments (except the City of Key West) into their comprehensive
plans,and by the City of Key rest in Resolution No. 6-244:
I, Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non-
transient), and military personnel from the Keys shall be initiated. State parks and campgrounds EL
should be closed at this time or sooner and entry into the Florida Keys by non-residents should be
strictly limited. Ci
V_
2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile
home residents„ special needs residents, and hospital and nursing home patients from the Keys shall
be initiated, 0
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3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of
permanent residents by evacuation zone (described below) shalt be initiated. Existing evacuation
zones are as follows,
a)Zone I --Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
b)Zone 2—Boca Chica.Bridge to West end of 7-mile Bridge(MI -40)
c)Zone 3—West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40- 3)
d) Zone 4—West end of Long Boat Key Bridge to CR 90 and CR 905A intersection (MM Ci -
16. )
e)Zone 5—905A to,and including Ocean Reef(MM 1 6. —12h. )
The actual sequence of the evacuation by zones will vary depending on the individual storm. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate
operational Emergency Management plans. The evacuation plan shall be monitored and updated on an
annual basis to reflect increases,decreases and or shifts in population;particularly the resident and non-
resident populations..
FART THREE. MISCELLANEOUS
A. Liability. As this MOU represents only the Parties' acknowledgement of the data, input
variables, and assumptions DEO has utilized in its hurricane evacuation model, nothing in this MOU
shall be construed to impose any liability on the State of Florida, DEO, the Division, or the Local
Governments. Nothing in this MOU may be interpreted as a waiver of sovereign immunity by any
f
Packet Pg.4435
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Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall
be considered null and void.
B. Modification. Modifications to the Memorandum of Understanding shall be valid only when
reduced to writing and duly signed by all parties.
C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or
unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless .2
compliance with the remaining terms and provisions would prevent the accomplishment of the original CL
0
intent of the agreement between the Parties.
I . Termination. Any Marty may terminate this Memorandum of Understanding at any time, with
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or without cause. Termination shall tale effect upon receipt of written notification by a Party to all
other Parties.
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E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail, CL
return receipt requested, or an express mail service that provides proof of delivery. Notification by a
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Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of
Economic Opportunity, 107 East Madison Street, Tallahassee, FL 323 9-4128. Notification to the other
parties to this Memorandum of Understanding shall be directed as follows;
1. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a 0
copy to the Growth Management Division Director,2798 Overseas Hwy. Marathon, FL 33050.
2.. City of Key Nest. Mayor, City of Key Vest, 3126 Flagler Avenue Key West, FL 33040, with a
copy to the Planning Director,3126 Flagler Avenue Key West, FL 33040.
3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050,
with a copy to the Planning Director, 9805 Overseas highway Marathon,FL 33050.
4. City of Layton. Mayor, City of Layton, 68260 Overseas Highway,P.O. Box 778 Long Key, FL
33001.
5. City of Key Colony Beach. Mayor, City of Key Colony Beach, P.O. Box 510141, Key Colony
Beach, FL 33051-0141 with a copy to the City Clerk at P.O. Box 510141, Key Colony Beach,
FL 33051-0141.
6. Islamorada, Village of Islands. Mayor, Islamorada, Village of Islands, 86800 Overseas ``�
Highway Islamorada, FL 33036, with a copy to the Director of Planning and Development
Services, 86800 Overseas Highway Islamorada,FL 33036.
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7. Division of Emergency Management. Director, Florida Division of Emergency Management,
2555 Shurnard Oaks Boulevard, Tallahassee, FL 323 9-2100, with a copy to the Division's
Hurricane Program Manager at the same address.
F. Effective hate. This Memorandum of Understanding is effective upon execution by all parties
and approval by the Florida Administration Commission and ends upon the termination of the Florida.
7
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Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D)
above.
IN WITNESS OF,the parties have executed d s Memorandum of Understanding on the
dates below written.
CITY OF KEY WEST,FLORIDA
2
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2012 V;r., �
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Date 'f ates, ayor
City Clerk
Approved s
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Shawn Smith,City Attorney
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04
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Packet Pg.4437
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BOARD OF COUNTY CONWISSIONERS
OF MONROE COUNTY,FLORIDA
+" 2012
Tt David Rice, Mayo
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Clerk
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Approved as to form and legal sufficiency: Ci
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C1TY OF MARATHON,FLORIDA
e4&124)17—,20l2
Date Deter We tan,Mayor
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ATTEST: _
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City Clerk
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Approved as to fo egg s fficicnc
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Jo R.H ,+ i Attar ey 0
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CITY OF LAYTO ,FLORIDA
2012
Date "Norman S.Anderson,Layer
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ATTEST:
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Mimi Young,City Cl
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Approved as to form and legal sufficiency:
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ity Attorney
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CITY OF KEY COLONY BEACH,FLORIDA
212
Date Ron Sutton,Mayor
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ATTEST
City 1
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Approved as to I"orrn and legal sufficiency: Ci
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Thomas D. Wright, City Attorney CL
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I LAMQRAI A,VILLAGE OF ISLANDS,FLORIDA
2012
Date Michael Reckwerdt,Mayor
0
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ATTEST:
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Vi11ae ale F-
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Approved as to form and legal sufficiency. CD
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Nina.Roniske,Village Attorney
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STATE OF FLORIDA
DIVISION DE EMERGENCY MANAGEMENT
2012
atc Bry . ICaa�n#Director
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Approved as to farm and legal sufficiency:
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Assistant General Counsel
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STATE OF FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY
2012
ornas Beck,Ali
1 1 ector,Division of Community
Development 2
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Approved as to forth and legal'.
sufficiency, subject only to hall and
proper execution by the parties
Office of the General Counsel
Department of Economic Opportunity
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4As ever ounsel
Approved late.,
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Exhibits to
Hurricane_Evacuation Clearance Time Memorandum of_Understanding
Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data:
Hotel, Motel and ether Vacation Rental Units
Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data 0
for Site-Built and Mobile Homes CL
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Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010
Statewide Regional Evacuation Study)
Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional
Evacuation ;Study)
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Exhibit 5 Identification of contributing vehicles frotn Naval Air Station—Key West and Florida
Keys Community College. Ci
Exhibit 6 Roadway Capacity, dated July 18, 2010, established by the Florida Department o
Transportation
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Exhibit 2
FTable of Traffic Evacuation Zone(TITZZ)Occupancy Data:Site-Built and Mobile Dome Units
Sub-County Site-Built Mobile Home
TEZ Location Total Occupancy Occupied Total Occupancy Occupied
Rate Total Rate Total
1208 Key West 2,196 67.85% 1,490 1 100.00% 1
-
1209 Key West 2,252 65.32% 1,471 69 100.00% 69
1210 Key West 1,387 87,89% 1,219 8 100.00% 8 ,0
1211 Key West 2,779 77.69% 2,159 42 100.00% 42 CL
0
1212 Key West 514 92.61 a 476 I 0 0.00% 0
1213 Key West 1,069 87.65% 937 365 96.44 352
1214 Key West 289 85.35% 247 10 100,00% 10
1215 Key West 1,586 77.96% 1,2361 15 100.00% 15
1216 Key West 699 78.40% 5481 10 100,00% 10
1217 Key West 610 81,97% 500 576 89.06% 513
1218 Key'Nest 106 84.91% 90 304 79.28%1 241 1
1219 Key West 448 86,61% 388 0 0.00ya tl
1220 Lower Keys 1,041 86.36% 899 517 56.87% 294
1221 Lower Keys 1,112 71.22% 792 50 100.00% 50 cli
1222 Lower Keys 1,521 55.03% 837 472 40,25% 190
1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181
1224 Lower Keys 1,1.74 59.20% 695 343 62.97% 216 U
1225 Lower Keys 464 63.79% 296 20 100,00% 201 CL
1226 Middle Keys 747 56.09% 419 I 458 77.95% 357 CL
1227 Middle Keys-- 1,613 58,15% 938 204 69.12% 141
1228 Middle Keys 3,854 49.35% 1,902 298 45.64% 136
1229 Middle Keys 1,093 37.60% 411 192 44.79%I 86 �
1230 Middle Keys 258 62.79% 162 422 9.01% 38
1231 Middle Keys 1,155 4.37% 397 9 66.67%
1232 Upper Keys 525 57.52% 302 123 33.33 0 41
1233 Upper Keys 273 57.88% 158 64 343 % 22
1234 Upper Keys 885 49,83% 441 122 5128%'1 E5
1235,Upper Keys 2,299 57.16% 1,314 79 37.98%i 30
1236 Upper Keys 619 53.96% 334 162 54.94% 891 U
1237,Upper Keys 933 52.52% 4901 366 45.63% 167
1238 Upper Keys 377 75.86% 286 177 20,90% 37
1239 Upper Keys 1,509 55.53% 838 105 2.86% 3
1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 N
1241 tapper Keys 1,009 79.58% 803 293 49.15% 144
1242 Upper Keys 487 63.24% 308 809 48.21% 390
1243 Lipper Keys 1,114 52.96% 590 649 63.64% 413
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1244 Upper Keys 605 32.23% 195' 10 50.00% 5
1245 Upper Keys 1,071 34,08% 365 32 46.88% 15
Mainland
1246 Monroe 4 50,00% 2 11 45.46`Y� 5
Mainland
12.47 Monroe 17 70.59% 12 0 0.00% 0
Totals 43,718 27,320= 4,576
Source data.2010 US Census and 2006-2010 American Community Survey for Monroe County
Packet Pg.4447
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Exhibit 3
Ta ble,of Traffic Evacuation Zone(TEZ)Veh icle Per Un it Data,Site-Built,Mobile H orne and T Ourist Units
Sub-County
,
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Exhibit 4
Table of Traffic Evacuation Zone(TEZ)Vehicle Use Rate Data:Site-Built,Mobile Home and Tourist Units
Sub-County Site-Built Mobile Horne '-T uOst'(basedOnJuly0tcupancr)
T'EZ Total Vehicle Available- Total Vehicle Available ` odl Vehicle tJss Available
Location Vehicles Use Rate Vehicles Vehicles Use Rate Vehicles Vehicles Rate Vehicles
1208 Key Vilest 1,622 90% 1,460 1 90% 1 1,9841 1Oo%j 1984
1209 Key West 1,464 90% 1,318_ 9 90% 53 1,699 100% 1,689
12 101 Key West 1„663 901YO 1,497 1 11 90% 10 162 100% 162 0
12111 Key West 3,048 90%1 2,7431 61 90%1 55 1,139 100% 1,139 C
12121 Key West 585 90% 5261 0 90% 0 209 100% 209
1213 Key West 1,236 90% 1,1121 479 90% 431', 0 100% 0
1214 Key West 359 90% 3231 15 90% 14 31 100% 31
1215 Key West 1,607 90°% 1,447 19 90% 17 229 100% 229
1216 Key West 723 90% 651 13 90% 12 988 100% 988
1217 Key West 704 90% 634 719 90%1 647 1 100% 1
1218 Key West 148 90% 133 395 90%1 356 21 100% 21
1219 Key West 0 90% 0 0 90%1 0 1 100% 1 CIL
1220 Lower Keys 1,105 75%1 829 185 75% 139 1 100% 1 ,
1221 Lower Keys 1,521 75% 1,141 96 75% 72 113 100% 11
1222 Lower Keys 1,039 75% 779 304 75% 228 88 100% 88
1223 Lower Keys 2,352 75% 1,764 308 75% 231 68 100% 68
1224 Lower Keys 707 75% 530 371 75% 278 182 100% 182
1225 Lower Keys 518 75% 388 34 75%1 26 6 100% 6: 9
1226 Middle Keys 394 80%1 315 368 80% 294 431 100% 431 CIL
1227 Middle Keys 1,420 80%j 1,136 197 8094 158 166 100% 166 CIL
1228 Middle Keys 3,261 80% 2,609 239 80% 191 1,269 100% 1,269
1229 Middle Keys. 627 80% 502 136 80% 109 501 100% 501
1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 i
1231 Middle Keys 647 80% 5181 10 80% 8- 129 100% 129'
1232 Upper Keys 571 85% 485i 78 85% 66 150 100% 150
1233 Upper Keys 298 85% 253 41 85% 35 858 100% 858
1234 Upper Keys 0 85% 0 0 85% 0 79 100% 79
1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77
1236 Upper Keys 598 85% 508 159 85% 135 18 100% 18
1237 Upper Keys 648 85%1 551 156 85% 133 144 100% 144
1238 Upper Keys 458 85% 389 58 85% 49 44 100% 44
1239 Upper Keys 1,637 85% 1, 91 6 8 % 5, 182 100% 182
1240 Upper Keys 1,349 85% 1,147 244 85% 207 719 100% 719
- - a
1241 tipper Keys 1,454 85% 1,236 264 85% 224 198 100% 198
1242 Upper Keys 439 85% 373 548 85% 466 1 100% 1
1243 Upper Keys 1,256 85%1 1,0681 798 85% 678' 160 100%' 161
1244 Upper Keys 90 85% 76, 8 85 7 243 100% 243
1245 Upper Keys 296 85% 2521 28 85% 24 73 100% 73
Mainland
1246 Monroe 3 75% 2 7 80;% 6 0 100% 0
Mainland -
1247 lvivnrc�e _ _0 75`% 0 [} 80% 0' 0 100% 0
.ate ��_ .,,........ .......... �.��� ,.,..�...�.®6�. .�.�.�
Totals 38,579 32,394 6,533 5,461 12,416 12,41
Source data:2010 US Census and 2006 2010 American Community Survey for Monroe County;Smith Travel Research 2012:Historic Trend
Report;2010 Statewide Regional Evacuation Study:South Florida Region
Packet Pg.4449
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Exhibit S
Table of Traffic Evacuation Zone(T Z)Data:Special Population
Sub-County Special Population, Number of
TEZ Originating Location
Location Type Beds/Vehicles Used
Florida Keys Community
University
121 Key West College-Blue Lagoon 100 vehicles
l�opul.ation
Residence Hall
NAS Key West AS Key West 4 Boca ,2
122.0 Lower Keys Personnel Chica 2,33E vehicles CCL
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Source data:Nava[Air Station(NAS)Key West;Florida Keys Community College
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Exhibit Fa
Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane:
Lis Highway 1{Overseas Highway)and CR 905J'Card Sound Road in the Florida Keys,Monroe
County,Florida
M itenta rkers kt ax1 rritr in Sustains file
Area Front To Location/ escript on functional Evacuation Lane Flow Rate per Functional
1.atte
Lower 2 4 Key West to Stuck 2 900
Keys island
Lower 4 9 Stock island To Big 2 900
Keys Coppitt Key
Lower 9 17 Big Coppitt to 1 1,100
Keys Sugarloat Key
Lower Sugarloaf to Cudjoe 2
Ke s 17 22 Key t 1,EfttCL
y 0
Lower Cudioe key to
Keys 24 Summerland Key Cove ] 1,100
Ai- ort
Sutnmerla d key Cove
Lower Q)
Keys
24 25 Airport to Summeriand 1 1,100 E
Ke
Lower Surnmerland Key to
25 30 l I,itYtl
Keys Bi Pine kcy I ,
Lower 10 34 Big Pine Key to West 1 1,050
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Keys Suintnerland Keys
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Lower West Summertand
Keys
34 35.2 Keys to Spanish 1 1,100
Harbor Keys
Lower Spanish Harbor Keys
Keys 35.2 365 to Bahia Honda Bridge 2 1,l tSr3 u
Lower Bahia Honda Bridge to 0
Keys 36.5 375 Bahia Honda Kev I 1,100
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Middle Bahia Honda Key to CL
Kc s 37,5 47 ilo Ke 1 1,200 0
3
Middle 47 48 Hog Key to Hoot Key 1 1,100
Keys
Middle
Keys 48 50.2 Boot Key to Marathon 2 900
Middle Marathon to Marathon
Ke s 50,2 58 Shores 2 900
Middle 50,8 54 Marathon Shores to 2 900
Keys Key Colony Beach
Middle 54 54 5 key Colony Beach to 2 900
Keys Color Key
Middle Deer Key to Grassy u
kc s 54,5 58 Ke y 1 1,100
y
Li pper keys 58 74 Grassy Key to"vl 1 1,100
atecumbe Harbor
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Upper Keys 74 $tl Matecunibe Harbor to I 1,100Teatable e
04
bte Key
Upper Keys 80 83-5 reata
islaino acla to 1 1,100
Upper Keys 83.5 85.E islantorada to Jdmdley I i,14t1
Key u
Windley Key to
Upper Keys 85 b 90 Plantation key 1 1,100 +s
Upper Keys 90 1010 "Tavernier Key to a 900
pp y Newport Key
Lipper Keys 100 105 'Newport Key to 2 900
Sexton Cove
Upper Keys 105 i 106.3 Sexton Cove to 2 900
Rattlesnake Key_____
Upper Keys' if9f 3 12 5 Rattlesnake Key io 1 ],2€141
Card Sound Road
Upper Keys 126.5 1-1 EFT Card Soun HB1d Road to i 900
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Packet Pg.4451
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Exhibit
Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane:
US Highway S(Overseas Highway)and CR 905/Card Sound Road in the Florida Keys,Monroe
County,Florida
ile ar ers Maximum Sustainable
Area From To Location/Description F`u Evacuationcu tio a L Flow Rate per Functional
tion Lane t.atre
lnt CR Lake Surprise to
Upper Keys 1063 905/CR Crocodile Lake l i J00
nt CR
Upper K€ys OceanTangiefisiu Key to l l,ldlC7
0 SACR
Reef 9q5 Crocodile Lake
lilt CR
Upper Keys 905fCR t}S I Crocodile Lake to 1 i4 1„100
}f15,�1 South Miami SladeCL
Source data:Florida Department of Transportation.Letter to Department of Community Affairs on June 18,
2011)-Tables 2A and 20;Statewide Regional Evacuation Study for the South Florida Region
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Ron ®s D Dane Eagle
GOVERNOR llj EXEC'-'FV,,1',`E DMECTOR
FLORIDA C PA #f
ECONOMICt l
September 18,2020
0
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The Honorable Heather Carruthers 0
Mayor, Monroe County
00 Whitehead Street
Key West, FL 3040
Gear Mayor Carruthers:
The Department of Economic Opportunity("Department") has completed its review of the
proposed comprehensive plan amendment for Monroe Cunty(Amendment No. 20-04ACSQ, which was
Ci
received and determined complete on July 21,2020. We have reviewed the proposed amendment in
accordance with the state coordinated review process set forth in Sections 63. 13 (2)an (4), Florida
Statutes( .S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any
objections or comments tote proposed amendment and this letter serves as the Objections, 0
Recommendations and Comments Report, Review comments received by the Department from the Q.
appropriate reviewing agencies, if any, are enclosed.
The County should act by choosing to adopt,adopt with changes, or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment. e second u lic hearing,which shall be a hearing on whether >
to adopt one or more comprehensive plan amendments, us a held withinas of your receipt
oft e Department®s attached report, or the amendment will be deemed withdrawn unless extended by
agreement with notice to the Department and any affected party that provided comment on the
amendment pursuant to Section 63.334(4)(e) ., F.S.
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If you have any questions related to this review, please contact Justin Stiell, Planning Analyst, by
telephone at(3 ) 717-8523 or by email at justin.stiell@deo.myflorida.com.
Sine ely, _
uJ
r�res D. Stansbury, Chief
/, ureau of Community Planning and Growth
J DS/js
Enclosure: Procedures for Adoption
Agency Comments
cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
Christine Hurley, County Administrator, Monroe County
Florida I epartamnt of Econornic Opportunity I Cold•,r ell Bus Ung 1 ,107 , Macfi:on treeTallahassee, FL air 399
850,245.7105
n� ed.pv r4 ono-e➢.ad'f4.z a"t➢ <, ,.F9.i :, ',�' ££4.Fa;s, A „K.ni,,�r°v mds an"'..se ,'ic., z a,r,7e k-, fip,p.a.", �t�t.�PsE rSt t°3...d.va u s with
a;.s,abflifi'-,.ts A0 vs.,,Fc.e ,.,,Ier"one rWribers on t1'.s,Joc.fir*ent r�.`ay be reached a'ched by p;'st."'.s-c)ns us nr z TYUo .D eqLdpnnient
t e d a Rday Scmrvice a i. In 1. Packet Pg.4453
R.4.e
SUBMITTAL OF ADOPTEDCOMPREHENSIVE
STATEFOR I
Section .3FloridaStatutes
COPIESCL
NUMBER OF I ® Please submit three complete copies of all comprehensive plan
materials,of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format( F)to the Department of Economic Opportunity and one copy to each
entity below that provided timely comments tot e Kcal government:the appropriate egional Planning
Council;Water Management District; Department of Transportation; Department of Environmental
Protection; Department of State; the appropriate county(municipal amendments only);the Florida Fish EL
and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services
(county plan amendments only); and the Department of Education (amendments relating to public Ci
V_
schools); and for certain local governments,the appropriate military installation and any other local
government or governmental agency that has filed a written request.
0
SUBMITTALEL
lease include the following information in the cover letter transmitting the EL
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not >
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted o all parties that provided Cn
timely comments to the local government;
Name,title,address,telephone, FAX number an e-mail address of local government contact;
Letter signed y the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format;
In the case of future land use map amendment, an adopted future land use map,in color
format,clearly depicting the parcel, its existing future land use designation, and its adopted designation;
U
A copy of any data and analyses the local government deems appropriate.
Effective:June 2011(Updated June 2018) Page 1 of 2
Packet Pg.4454
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If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amend nt(s)j
Suggested effective date language for the adoption ordinance for state coordinated review:
CL
"The effective date aft is plan amendment, if the amendment is not timely challenged, shall be
e date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If teamendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance
this amendment shall become effective on the date the state land planning agency or the
Administration ommission enters a final order determining this adopted amendment to be in
compliance."
Ci
List of additional changes ade in the adopted amendment that the Department of Economic
Opportunity did not previously reviews
List of findings of the local governing body, if any,that were not included in the ordinance and 0-
which provided the basis of the adoption or determination not to adopt the proposed amendment;
ateme t indicating the relationship of the additional changes not previously reviewed by the
Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity.
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Packet Pg.4455
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Fro , P'�
To:
Subject- [ - RNAL]-Monroe County 20-04ACSC Proposed
Date: Tuesday,August 18,2020 4:49:21 PM
Attachments: �a
2
To: Ray Eubanks, DEO plan Review Administrator 0
Re. Monroe County 0-04AC;SC--Sue Coordinated Review of Proposed Comprehensive
prehensive
Plan Amendment
The Office ofIntergovernmental Programs of the Florida Department of Environmental
Protection(Department)has reviewed the above-referenced amendment package under the
provisions of Chapter 163, Florida Statues. The Department conducted a detailed review thatCL
focused can potential adverse impacts to important state resources and facilities, specifically;
air and water pollution-,wetlands and other surface waters of the state-, federal and state-owned co
lands and interest in lands, including state parks, green ways and trails, conservation
easements; solid aster and water and wastewater treatment.
Based on our review of the submitted amendment package,the Department-has found no CL
prevision that, if adopted,would result in adverse impacts to important state resources subjectCL
to the Department's jurisdiction.,
a�
Please submit all future amendments by email to �gr:�,s:Y� � fw,��zr��a`1��r? �d �,�����s�.�. Ifyour 2
submittal is too large to send via email or if you need other assistance, contact Lindsay �
Weaver at( 50) 717- 37. >
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DacuSign Envelope ICI:054 17 3-A445-4lE3- 59-4E3c31 59c14
FDOT
I'lorida-Department ofTransportatiolli=
GOVERNOR SECRETARY CL
Miami, FL 33172-5800 0
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Cheryl Cioffari, AICP
Assistant Director of I i
Monroecu y Planning and Environmental Resources
2798 Overseas ighway, Suite 400 "'
Marathon, Florida 33050
0
Subject: Proposed Comprehensive
Monroe County- FDEO#20-04ACSC
Dear Ms. is ri:
FloridaThe t of Transportation, District Six, completed s review of the >
subject amendment pursuant to Section 163.3184(3), Florida Statutes ( .), in its role
as a reviewing c s identified in Section 163,3184(l)(c), F.S. The purposeof the ,
amendmentis to revise licy 101.3.1 to allow the interchangeability of c i e homes _
and recreational vehicles ( s) within the Venturet community on Cudjoe
The change culd eliminate the transfer of x tions from Venturet t
le
other locations. The amendment also includes language requiring V occupants and Q,
its to be evacuatedhours in advanceof tropical storm winds.
The District review c that therec v rs impacts to transportation
resources ciliti s of Stateimportance s a result of the amendment.
The District cc r s Monroe Countyto continue r o inpedestrian
bicycle facilities, and to create walkable connected community consistent it
ss. 163.3177, Floridat o s. The istrict also encourages i to address all
modes of travel, including u lic transportation.
04
Packet Pg.4457
ocuSign Envdope ID:054BI783- 5-4lE3 5s-4E3C lB89Cla
s. Cheryl cioffari
July 22, 2020
Page 2 of 2
Pleasecontact me at 305-470-5393 if you haven tia concerning our
response.
0
Sincerely, CL
0
Docuftned by:
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�.-�DOBCDOB755954D51...
Shereen
Transportation r I
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Emily c er, Monroe CountyPlanning won I Resources
DanielIglesias, District
t Huynh, , District
Kennethrl , FDOT, District
Jennifer Carver, AICP, FDOT Centralis
Eubanks,Ray of c0 is Opportunity
Isabel Cosio Carballo, South Floridais I i Council
Kathe Lerch, South FloridaRegional I iCouncil
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From: C..w,'s=_
Cc: Sny
�..:w
Subject: [EXTERNAL]-Monroe County 20-04ACSC(R solution No.155-2020,Venture Gaut)
Date® Monday,August 17,2020 12:58:46 PM
Dear Ms. Cioffari:
CL
Florida Fish and Wildlife Conservation Commission(F C) staff reviewed the proposed
comprehensive plan amendment in accordance with Chapter 1 3.31 4(3), Florida Statutes.
e have no comments,recommendations, or objections related to listed species and their
habitat or other fish and wildlife resources to offer on this amendment.
a)
If you have specific technical questions,please contact Jim eltner at(239) 332-6972 x9 0
CL
or bye ail at a �r :�ro,1 ( �'� __ __!':� °,r� .'s� �t All other inquiries maybe directed to our office
by email at �_ a r _�f S e l P�K u
M
Sincerely,
Josh Cucinella 0
Biological Adininistrator 11 CL
CL
Office of Conservation Planning Services
Florida.Fish and Wildlife Conservation Commission
1239 SW 10rh Street
Ocala, Florida 3 471
(3 )620-7330
Monroe Comity 20-04t1CSC_42177
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From: =--
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Subject, [EXTERNAL]-Monroe County,DEO#20-3AC'SC and#20-4ACSC Comments can Proposed Comprehensive Plan
Amendment Packages
Date: Friday,July 24,2020 2:01:37 PM 0
CL
Gear Mr. Eubanks: „m ...-
The South Florida Water Management District (District) has completed its review of the proposed
amendment packages from Monroe County(County).The packages include Text Amendments to the
Monroe County Comprehensive Plan. There appear to be no regionally significant water resource
issues,therefore®the District forwards no comments an the proposed amendment package.
CL
The District requests that the County forward a copy of the adopted amendments to the District.
Ci
Please contact rye if you have any questions or need additional information.
Ms.Terry Cunning, Policy and Planning Analyst
South Florida Water Management District CL
Water Supply implementation Unit CL
3301 Gun Club Road
West Palm Reach, FL 33406
Phone: 561-6 2-6779
Fay: 561-61-6264
E-Flail: t aror�i..CdgC 5f�nrrr►.s... as
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