Item N1a
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May 21, 2003
Division:
Growth Management
Bulk Item: Yes
No X
Department: N/ A
AGENDA ITEM WORDING:
Oral Report:
a) Memorandum attached addressing Hurricane Shelter Development ("HSD") requested by
Mr. Joel Rosenblatt, P .E.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
N/A
BUDGETED: Yes N/ A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty ~ OMB/Purchasing_
DOCUMENTATION:
Included X
Risk Management _
DIVISION DIRECTOR APPROVAL:
, AICP
To Follow
Not Required
AGENDA ITEM #~
DISPOSITION:
County of Monr-Oe
Growth Mana~ernent Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: 305.289. 2500
FAX: 305.289. 2536
Board of County Commissioners
Mayor Dixie Spehar, District I
Mayor Pro Tern Murray Nelson, District 5
Comm. Charles "Sonny" McCoy, District 3
Comm. George Neugent, District 2
Comm. David Rice, District 4
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP_.L'P1
Director of Growth Manag~v /
May 1, 2003
DATE:
SUBJECT:
Staff Review of Report by Joel Rosenblatt, entitled "A Self-Financed
Program to Establish Hurricane Shelters in Monroe County"
Overview
At its April meeting, the Board directed staff to review and comment on the above referenced
report prepared by Mr. Joel Rosenblatt, P.E. and report back to the Board at the Board's scheduled
May meeting. A copy of the report was distributed to each Commissioner at the Commission's
April meeting. This memorandum presents the results of the staffs review of Mr. Rosenblatt's
report.
Summary of Report
The report proposes the privately-funded construction of high-rise buildings of typically eight or 15
stories high, spread at no less than three mile intervals, that would in addition to accomodating
retail, office, residential, and/or transient residential uses, serve as public shelter space or a refuge
of last resort in the event of a hurricane. The proposal goes into great detail on building, location
and site design issues and the economic feasibility related to the construction of tall buildings in
the Florida Keys. It calls for modifications in land development regulations, permitting
requirements, and the creation of a special zoning classification (Hurricane Shelter Development or
"HSD") and procedures to encourage construction of such structures.
Previous Report
This report is an updated version of an almost identical report prepared by Mr. Rosenblatt in 1989
and presented to the Board of County Commissioners in 1990 or 1991. That report was reviewed
by Growth Management Division staff in 1991 and 1992 and found to be inconsistent with State
Page 1 of3
and County hurricane evacuation plans and policies and inconsistent with goals and objectives of
the then, draft Comprehensive Plan.
Summary of Staff Review Comments
The following are the malor issues raised by staff in its review of Mr. Rosenblatt's proposal:
o The proposed HSD concept conflicts with the County's Comprehensive Emergency
Management Plan and Hurricane Preparedness, Evacuation, Shelter, and Refuge of
Last Resort Plan, as required by the State of Florida, that mandate evacuation to
shelters on the mainland for any Category III or greater hurricane, which limits these
HSD structures for use as shelters. Unless the State of Florida revises its
evacuation policies and the County plans are amended, these HSD structures could
only be used as shelters in less than Category III hurricanes. The special building
requirements for these structures also raises concerns that such well-constructed
high rise structures will encourage non-evacuation in major hurricanes (see
following comments).
o The proposed HSD concept conflicts with the County's Hurricane Preparedness,
Evacuation, Shelter and Refuge of Last Resort Plan that requires: "utilization of
Refuges of Last Resort is a life-saving measure ONLY and will only be opened as
the need is identified; "to prevent unnecessary risk to emergency responders, no
services will be provided in refuges:" and, "to prevent encouraging non-evacuation,
the location of designated refuges will not be published until such time refuge
operations commence." The mere existence of high rise structure built to withstand
both wind and storm surges of a Category III or greater storm will only encourage
non-evacuation and a false sense of security to people seeking shelter. Such high
rise structures used for either a hurricane shelter or a refuge of last resort would
clearly conflict with mandatory hurricane evacuation policies and would require
major revisions in evacuation policies both State and local emergency management
officials.
Although the loss of human life is always a concern, advances in weather
forecasting, improved building construction standards, and better emergency
management planning have significantly reduced the potential loss of life in these
storms. The more real and pressing policy issue for emergency management
officials, which is why mandatory evacuation policies are required for the Keys, is
the loss of medical, sanitation, potable water, emergency rescue and law
enforcement services, and vital infrastructure facilities (i.e., bridges) resulting from
a catastrophic storm event and the possibly long delays in restoring these vital
services and facilities to those people who did not evacuate.
o The exemption from height limits for structures within a HSD zone is inconsistent
with the Comprehensive Plan and Land Development Regulations (LDRs). The
Comprehensive Plan and LDRs limit building height to only 35 feet with no
Page 2 of3
provisions for any variances. The intent of these policies is to retain the existing
character and patterns of Keys development at a smaller scale and lower intensity
than other coastal areas, such as Miami Beach. The proposal requires an
exemption from the current height limits to allow structures of eight or more stories
to be built in order to make these projects economically feasible for developers in
terms of both construction costs and economic return on their investment.
o The requirements for site location and distance setbacks from U.S. Highway and
shorelines would most likely make the type of development contemplated under the
HSD zoning inconsistent with the Smart Growth/Tier System and Livable
CommuniKeys Program, which direct growth to less environmentally sensitive
areas and into community centers and infill areas. A cursory review of the siting
requirements indicate that this proposal would create higher intensity residential
and/or nonresidential development outside of established community centers and
infill areas, thereby encroaching or impacting upon environmentally sensitive
habitat.
o The HSD projects would be subject to the permit allocation systems which makes
their feasibility problematic. As the primary incentive to the private financing of
this type of development is directly related to the number of residential and
transient residential units or commercial leaseable space that can be built
(assuming a market for this space), it is unlikely that such projects will be able to
move forward without further amendments to the permit allocation system to
provide developers with some guarantees or commitment on the number of units or
floor area. [It should be further noted that a moratorium exists on any new hotel
and motel rooms until December 31, 2006.]
Any of the required floor space dedicated to shelters (a minimum of 6, 000 square
feet or ten percent of the HSD project's floor area) would be subject to the permit
allocation unless amendments are made to the Comprehensive Plan and LDRs.
Conclusion
While the approach proposed by Mr. Rosenblatt is quite imaginative and well thought through, and
may have merit in densely developed urban areas, its application to the Keys is fraught with
problems as the HSD proposal has serious conflicts with existing State and County hurricane
evacuation and emergency management policies and with the County's Comprehensive Plan and
LDRs.
Page 3 of3
PROPOSED CODE REVISION TEXT
HURRICANE SHELTER DEVELOPMENT (HSD) ZONES
1. Oualifying Site Requirements for HSD Zones
A site for a proposed HSD will not be considered eligible for this classification if it fails to
meet any of the following basic site requirements:
a. The site must contain not less than 4.0 acres nor more than 6.0 acres in area.
b. No point on any site boundary shall fall within 750 linear feet of the nearest shoreline of
a natural body of water. (Shoreline is defined for purposes of these regulations as a point whose
natural elevation is less than or equal to Mean High Water as established by reference to the United
States Coast and Geodetic Survey (USCGS) 1929 National Gulf Coast Vertical Datum (NGVD), and
continues from there to a natural body of open water.
c. Minimum width of a site across its narrowest dimension shall be not less than 400 feet.
d. The site shall not be within four miles distance to next nearest existing HSD approved site,
except public (county, state, or federal government owned) buildings also complying with
requirements of supplying HSD facilities in accordance with these regulations.
e. No site boundary shall be within 300 feet of the right-of-way of US. Route #1.
2. Special Structural Design Requirements for Buildings in HSD Zones
No building or other structures intended for human occupancy may be constructed within a
HSD zone which, in addition to compliance with all applicable requirements of the Building Code
and all codes of reference therein, fails to meet all additional criteria listed below:
a. Minimum elevation oflowest occupied floor shall not be less than 1.0 foot above highest
grade elevation of the site. The exterior of the building shall be flood-proofed to an elevation not less
than 1.0 foot above the base flood elevation in accordance with recommended Federal Emergency
Management Administration (FEMA) flood-proofing requirements. Flood-proofing shall not be
required if the lowest habitable space is a minimum of one foot above base flood level in an "A"
zone, or if the bottom of the lowest supporting horizontal structural member is a minimum of 1.0
foot above the base flood elevation if the site is within a "V" zone as indicated on the FEMA 100-year
flood maps.
b.The building(s) shall be designed to resist a fastest-mile sustained basic wind speed of 155
miles per hour, applied in accordance with provisions of Section 1601 of the Florida Building Code
for wind loading (ASCE 7- 98) with all resulting stresses calculated remaining within limits
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N. I Q.)
permitted under relevant provisions of the building code pertaining to materials employed in the
construction.
c. All glazed exterior wall openings shall be equipped with permanent storm shutters capable
of being operated from within the building, and capable of functioning when subjected to the same
wind loading as that applied to the building in accordance with requirements of section 2.b. above,
or shall be glazed with polycarbonate or laminated safety glass affixed to window frames in a manner
calculated to withstand combined effects of both wind loading specified in paragraph 2. b. above and
a concentrated impact load of200 pounds applied anywhere on the glazed surface.
d. All support structures located below the elevation of the base flood level must be designed
to function as intended when considered inundated to a static water level at the base flood elevation,
concurrently with wind loading specified in paragraph 2.b. above applied to the building.
e. Structural adequacy of upper floor levels shall remain unimpaired if all or any portion of
enclosing perimeter walls below the base flood level were removed or destroyed.
f. Barometric pressure equalization shall be provided to assure that all enclosed volumes of
space are provided with positive venting of interior volumes to the building exterior under any
conditions in which outside barometric pressure falls below 27 inches of mercury (27.0" Hg). Such
venting controls may be provided by gravity operated dampers combined with mechanically
operated methods to assure at least two operative redundant mechanisms being available to prevent
existence of a pressure differential between enclosed interior spaces and an external barometric
pressure greater than two inches of mercury (2.0" Hg). All exterior walls, fenestration, and other
openings shall be designed to withstand that two-inch maximum pressure differential without rupture
or distress.
g. All drawings submitted in application for a building permit for construction in conditionally
approved HSD zones shall bear a certification, by a professional engineer registered to practice in
the State of Florida, that the structure(s) shown are in full compliance with the requirements of the
provisions of section 2. of the HSD land development regulations.
3. Special Building Facilities Requirements in HSD Zones
a. Elevated potable water storage containing a minimum capacity of 6.0 U.S.gallons of
potable water per person for the rated shelter capacity of the building plus the normally expected
residents of the building shall be provided. (Rated refuge capacity shall be based on 15 square feet
of floor space per person for floor area designated as emergency refuge area for the project.) Stored
water shall be located within or on the building 1.0 feet or more above the base flood elevation, in
such a way that the water supply contained will be available by gravity flow to designated refuge
area(s) indicated on the plans.
b. Storage space for the amount of emergency provisions and supplies prescribed by the
Page 2 of 7
Monroe County Office of Emergency Management for the number of persons in rated shelter
capacity for a three-day emergency duration.
c. A communications room equipped with at least a minimum complement ofUHFNHF radio
communication equipment, with capability of operating on frequencies specified by the Monroe
County Office of Emergency Management as needed to maintain radio communications during
hurricane emergency conditions.
d. Emergency electric power generating facilities shall be supplied by co-generation or stand-
by electric generator equipment capable of sustaining not less than 50% of peak electric power
demand of the entire HSD development independently of any external electric power supply from
public utility distribution systems serving the site. Fuel supply required for operation of electric
power generation equipment shall be of sufficient capacity, stored above the base flood elevation,
to carry electric load at 50% of peak demand capacity for a period of not less than 72 hours. This
emergency power supply system shall be in addition to such other emergency lighting and power
distribution systems as are required by building codes directly and/or by reference to other applicable
standards.
e. Paved access roads shall be constructed by the developer in accordance with Monroe
County road standards, across dedicated easements and/or public rights-of-way as may be required,
to conjoin the intended principle access route to the site, together with at least one additional
alternate route to the site, with the closest existing paved roadway along intended routes of travel
interconnecting the site with existing paved roadway systems.
f. Not less than 10% oftota1 habitable floor area approved for construction on the site in the
first phase of its proposed construction sequence shall be located at an elevation at least 55 feet
above natural grade existing on the site before construction activities began.
4. Site Development Criteria for Buildings in HSD Zones
a. Minimum set-back distance of any point on any building wall line shall not be less than
150 feet from nearest point on a site boundary line. Unenclosed cantilevered balconies, walkways,
and roof overhangs, above base flood elevation, not supported by vertical supports extending from
ground level, may extend into the space above these ground-level set-backs.
b. Maximum building land coverage as seen in plan outline shall not exceed eight and one-
half per cent (8.5 %) oftotal buildable land area of the HSD tract.
c. Basic floor area ratio (FAR) of all buildings constructed within designated HSD shall not
exceed 0.4, exclusive of all non-enclosed covered areas, areas not intended for occupancy (viz.-open
"stilt" areas below base flood elevation), and all areas designated exclusively for purpose of
accommodating required elevated emergency equipment and storage of emergency supplies as
required by paragraphs 3.a, 3.b, and 3.e above. That basic permissible FAR may be increased by an
Page 3 of 7
allowance of a FAR premium of an additional 0.05 for each 4,500 square feet of maximum
permissible building land coverage, as permitted under paragraph 4.b., not covered by the footprint
of the proposed building (s).
d. To permit attainment of maximum FAR permitted by paragraph 4.c.,within land coverage
constraints imposed by paragraph 4.b. above, all existing building height limitations pertaining to all
other categories of land use, together with all other local government ordinances or regulations of
other governmental agencies limiting maximum permissible building height, are waived for
buildings in HSD zones.
5. Special Occupancy and Use Limitations in HSD Zones
a. Multiple use occupancies may be combined in a single building and/or within a single
HSD project if so indicated on the plans, and if all provisions of building codes pertaining to multiple
use occupancies are met for the combination of occupancies proposed.
b. If either multiple use occupancies of a single building, or two or more buildings are
proposed for a HSD project, arrangements must be provided for confining supply of electric power
from the emergency electric power generation system, and emergency water supply system, to that
portion ofthe facility containing all required hurricane shelter/refuge accommodations during periods
of declared hurricane emergencies.
c. Building floor area devoted to residential occupancy, if provided, shall not exceed the
maximum permissible number of dwelling units permitted under the existing zoning classification
of the site for which HSD designation is requested, nor shall it exceed a FAR of 0 .15 of the total FAR
permitted, whichever is greater.
d. Maximum floor area of a hotel/motel guest room shall not exceed 400 square feet, shall
not provide kitchen facilities within guest rooms, nor shall the maximum number of hotel guest
rooms exceed 25 units per acre.
e. Floor areas designated for emergency hurricane shelter accommodations shall not be
included in determination of maximum allowable FAR for the non-emergency occupancy proposed.
f Required parking ratios for each type of occupancy proposed for inclusion in HSD
projects shall be provided in accordance with required parking ratios for each use included as defined
elsewhere in the land use regulations. Provision of such parking facilities may make use of land
in set-back clearances designated in paragraph 4.a. above, and/or open parking deck level(s) a
minimum of9.0 feet below the lowest enclosed floor area.
g. Minimum designated emergency shelter floor areas in HSD projects shall be:
1) For HSD projects containing not more than 60,000 square feet of gross building
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floor area, at least 6,000 square feet of designated shelter area floor space, in a shape suitable for
intended shelter accommodation.
2) For HSD projects containing in excess of 60,000 square feet of gross building floor
area, designated emergency shelter floor area shall be not less than 10 % of the gross building floor
area of the project.
6. Special Major Conditional Use Administrative Review Procedures for HSD Zones
Applications for HSD classification shall generally be required to be accompanied by the
same supportive documentation as that required to accompany application for a zoning ammendment
as prescribed by existing land use plan regulations, with exception that all Monroe County impact
fees shall be waived, all constraints on development stipulated under the Rate of Growth regulations
shall be waived, and all other matters clearly not intended to supersede HSD concerns may also be
waived by the Director of Planning.
To fulfill the intent of provision ofHSD's, the following conditions are recognized:
a. No HSD zone designated may contain internal subdivision(s) of the parcel for which HSD
classification is being sought. Designated HSD zones, may not thereafter be subdivided.
b. Internal portions of the tract shall not be further classified in other land use categories.
c. The master plan submitted for approval of a proposed HSD project shall include location,
size, floor area content, and proposed occupancy category(ies) of each structure to be incorporated
in the development of the entire tract, and the intended phasing or sequencing of construction. All
shelter and access road provisions must be included in the first phase.
d. Ownership of the entire project, consisting of both land and proposed improvements, shall
be held by a single legal entity authorized to hold title thereto; such legal entity shall hold an
undivided interest in the entire project contents insofar as land records of the local government are
concerned; that single owning entity shall be responsible for payment of all taxes or other obligations
of an owner; and shall be responsible for maintenance of all emergency refuge/shelter provisions
required in an operable condition at all times. If, at any time, upon inspection by the Monroe County
Office of Emergency Management, deficiencies in emergency facility requirements are noted, they
will be reported to the responsible legal entity owning and responsible for such maintenance, and if
not rectified within thirty days of receipt of such notice, may be rectified by the Office of
Emergency Management, and costs thereof entered as a lien upon the property with procedure for
recovering that cost being available at law in the same manner as any other obligation of a property
owner to a lienor.
e. The master plan for the development shall clearly indicate all dimensions of set-backt
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distances, direction and proximity to nearest shore lines and nearest point on the U. S.Rte. # 1 right-of-
way, routes of travel intended for access, wetlands exclusions, and all data necessary to permit
determination of compliance with all provisions required for projects in HSD zones.
f If phased development be contemplated, all special HSD requirements must be provided
in the first phase to be constructed, and no occupancy permit may be issued for use of any facility
constructed within HSD zoned parcels until all special HSD building requirements have been
constructed, installed, and are in operational readiness.
g. No limitations that may be applicable pursuant to the provisions of Rate of Growth
regulations shall be applicable to HSD projects and all building permits required for prosecution of
the work shall be issued outside whatever limitations may be imposed upon the issuance of such
permits pursuant to Rate of Growth regulations.
7. HSD Approval and Authorization Procedures
a. Applications for HSD zoning designation shall be recorded and dated in chronological
order received. As each application is received, it shall be checked against all applications received
bearing a prior chronological order number to determine if the application relates to a parcel
interfering with the four-mile proximity rule contained in paragraph 1.d. above. Should an
interference be found, applicant shall be so advised, and shall be given the location and name ofthe
applicant holding prior application rights. The second applicant may, at his discretion, either
withdraw his application, or leave it filed with notation indicating his queue position relative to
other applications predating it pertaining to the same area with which it is in conflict by virtue of
the proximity rule. Should the holder of the prior filing fail to fulfill all requirements, or fail to
pursue construction of his approved project as provided for herein (resulting in cancellation of the
prior approval as provided for herein), the holder of the next dated application for the area shall be
immediately notified to proceed with his application.
b. The Planning Department staff shall review applications as filed for compliance with all
provisions specified for HSD projects including consideration of waivers granted by the Director in
accordance with provisions of paragraph 6. above. Applicant shall be notified of any deficiencies
found, and shall be afforded a reasonable opportunity to submit additional materials and/or amend
materials submitted to bring applications into full compliance. When all materials have been
assembled and verified as to completeness and compliance with all provisions contained herein, the
Director of Planning shall so certify the application, and it shall be considered by the Board of
County Commissioners for certification.
c. After approval is received from the Director of Planning, the project shall be placed on the
agenda for the next regular meeting of the Board of County commissioners. Procedures for final
approval thereafter shall be the same as those for other rezoning applications, except that approval
issued shall be no more than "conditional HSD approval", conditioned on: submittal of building
Page 6 of 7
plans for building permits within six-months, start of construction within 60-days thereafter, up
through issuance of certificate of occupancy in accordance with usual procedures for building
construction. In addition, applicant shall be required to furnish a completion bond issued by a
recognized surety in the State of Florida to assure construction completion of the project if approved,
prior to issuance of a construction building permit by the Building Department.
d. If, for any reason, any time allowances in that process are not met, "conditional HSD
approval" may be terminated, the land remains in the form of its land use designation before request
for its rezoning, and the application right shall be given to the next applicant in the queue for the
area. Should failure to prosecute work occur after construction has proceeded beyond foundation
work, owner and/or surety may be required to proceed with the work in accordance with the schedule
described in the completion bond, or restore the property to its original pre-construction condition,
unless delay is reasonably attributable to "forces majeur". Upon completion of the project, HSD
zoning designation shall be granted, shall be recorded, and land records and maps amended as
described. Operation of facilities in accordance with HSD obligations shall become obligations of
whomever holds or acquires title to the property thereafter. Should restoration to pre-construction
conditions be chosen as alternative to project completion, zoning shall automatically remain in its
pre-construction category, and HSD development opportunity shall become available to the next
applicant in the queue. Only the completed project, not the land, may receive HSD designation.
e. The County Commission will hold the same review and public hearing process as is normal
procedure for any other rezoning approval.
f. Certificate of Occupancy shall not be issued until required refuge/shelter provisions have
been installed, inspected, and approved by the Office of Emergency Management, in addition to
normal inspection and approval of construction by the Building Department, and as-built condition
of the building has been certified by a professional engineer registered in the State of Florida as
having been built in compliance with all structural requirements for buildings in HSD zones. Owner
shall retain the services of a qualified licensed independent testing and inspection organization for
the duration of construction of the building to accompany such certification.
g. Upon issuance of Certificate of Occupancy for the HSD project, land use plan maps shall
be amended to indicate boundaries of the HSD zone thereby created, and the new zoning
designation shall be recorded in land records on the deed for the parcel affected.
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