Item U3
Meeting Date: May 18, 2005
Bulk Item: Yes_ No---L
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department Planning
Staff Contact Person:
K. Marlene Conaway
AGENDA ITEM WORDING: A public hearing to consider a Department of Community Affairs
transmittal resolution to amend Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan
concerning a County-wide staged/phased evacuation in the event of a pending major hurricane (category
3-5).
ITEM BACKGROUND:
Monroe County is required to achieve the Work Program set forth by Policy 101.2.13 of the Monroe
County Year 2010 Comprehensive Plan. Within the current year, year 8, the County is to complete a
comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to
reduce hurricane clearance times and thereby reduce potential loss of life from hurricanes. The County
anticipates accomplishing this requirement by amending Policy 216.1.8 which requires the County to
implement procedures for the early closing and evacuation of the transient, non-resident population. The
critical concept of this Policy is that non-residents would leave the Keys before the evacuation of the
residents begin. By evacuating the non-residents first, the County can achieve and maintain an overall 24-
hour hunicane evacuation clearance time for the resident population.
This Policy is a result of research and analysis perfonned by the Florida Keys Hurricane Evacuation
Clearance Working Group. The Working Group was established by Secretary Thaddeus Cohen of the
Florida Department of Community Affairs in August of 2004 and has met monthly between September
2004 and January 2005. The Working Group discussed four alternatives regarding hurricane evacuation in
the Keys and of the alternatives analyzed by the group, the staged evacuation option was considered the
quickest and most effective means of significantly reducing clearance time.
The proposed amendment was reviewed and approved at regularly scheduled meetings by the
Development Review Committee on March 24, 2005 and was continued by the Monroe County Planning
Commission during regular public meetings held on April 13 and 27, 2005 and reviewed and approved by
the Monroe County Planning Commission during a re!,'Ular public meeting held on May 1],2005.
PREVIOUS REVELANT BOCC ACTION:
The Board of County Commissioners passed and adopted Resolution # 018-2005 on January 19, 2005
supporting implementation of a staged hurricane evacuation process in Monroe County, FL.
CONTRACTI AGREEMENT CHANGES: N/ A
81' AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes _No N/A
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 Attorney -1L-
Not Required ~
AGENDA ITEM #
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
DISPOSITION:
,-/~
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMEND~lENT
POLICY 216.1.8
STAGED/PHASED HURRICANE EVACUATION
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
MA Y 18, 2005
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMENDMENT
POLICY 216.1.8
STAGED/PHASED HURRICANEEV ACUATION
A REQUEST BY MONROE COUNTY PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND POLICY 216.1.8 OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CONCERNING
A STAGED/PHASED HURRICANE EV ACUA TION.
RECOI\lMENDA TIONS
Staff: Approval
ORC: Approval
PC: Approval
March 24, 2005
March 24, 2005
May II, 2005
Staff Report
Resolution #0 -05
Resolution #P -05
DRAFT ROCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING
AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY
216.1.8 CONCERNING A STAGED/PHASED EVACUATION IN THE
EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5).
WHEREAS, the Monroe County Board of County Commissioners held a public hearing on
May 18, 2005 for the purposes of considering the transmittal to the Florida Deparhnent of
Community affairs, tor review and comment, a proposed amendment to the Monroe County Year
2010 Comprehensive Plan, Policy 2 I 6.1.8; and
WHEREAS, the Planning Staff, Development Review Committee, Planning Commission
and Monroe County Board of County Commissioners support the requested amendments to the
Monroe County Year 2010 Comprehensive Plan, Policy 216.1.8; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
The Board of County Commissioners does hereby adopt the recommendation of the
Planning Commission pursuant to the draft ordinance for the adoption of the
proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and
The Board of County Commissioners does hereby transmit the proposed amendment
to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes;
and
The Monroe County Staff is given the authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of 9J-ll.0006 of the Florida Administrative Code;
and
The Clerk of the Board is hereby directed to forward a copy of this resolution to the
Director of Planning and Environmental Resources.
{The remainder of this page is left intentionally blank}
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of May, 2005.
Mayor Dixie M. Spehar
Mayor Pro Team Charles "SonnyH McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David p, Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie M. Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATTORNEY
p~VEOIAS TO FOAM
,~.~C' 4-,~q. I):;
'O..t:
DEPUTY CLERK
DRAFT BOCC ORDINANCE
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO AMEND THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN, POLICY 216.1.8 CONCERNING A
STAGED/PHASED EVACUATION IN THE EVENT OF A PENDING
MAJOR HURRICANE (CATEGORY 3-5); PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County is required to amend the Work Program set forth by Poliey
101.2.13 ofthe Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, within the current year, Year 8, Monroe County is required to complete a
comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to
reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes;
and
WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane
evacuation set forth by the Work Program by amending Policy 216.1.8; and
WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis
p(,'fformed by the Florida Keys Hurricane Evacuation Clearance Working Group; and
WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five
months to address the ability to safely and efficiently evacuate the residents and tourists of the
Florida Keys; and
WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation
option was considered the quickest and most effective means of significantly reducing clearance
time; and
WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida
Keys by requiring the tourist, non-residents, and other categories of evacuees to complete their
evacuations prior to the inception of the evacuation ofresidents; and
WHEREAS, the Working Group proposed the local governments in the Florida Keys abJfee
to the concept of a "staged evacuation process", and
\VHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005
supporting the implementation of a staged hurricane evacuation process in Monroe County; and
WHEREAS, the proposed amendment to Policy 216.1.8 is consistent with the goals,
objectives and policies of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the amendment is specifically consistent with Goal 216 and Objectives 101.2
and 216.1 of the Monroe County Year 2010 Comprehensive Plan; and
'WHEREAS, the amendment is consistent with F.A.C. Chapters 9J-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
The Board of County Commissioners finds that the proposed Text amendment
furthers and is consistent with the Year 2010 Comprehensive Plan; and
Section 2.
In order to implement the procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population Policy 216.1.8 of the
Monroe County Year 2010 Comprehensive Plan shall be amended to read as follows:
Strike through text is deleted
Underlined text is new
Policy 216.1.8:
As directed by the Deportment of Emergency Management, Monroe County shall implement
procedures for the orderly closing and evacuation of hotels, motels, RV parks, mobile home parks,
campgrounds, and state und county parks in accordance '.'lith the Monroe county Hurrieane
Preparedness Evacuation and Shelter Plan. The COlmty shall require that operators of transient
facilities notify guests of the evacuation procedure during check in through out the hurricane
season. The plan shall be monitored and updated on an annual busis [9J 5.012(3)(e)~].
Proposed Policy 216.1.8:
In the event of a pending maior hurricane (category 3-5) Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population.
I. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
residents, visitors, recreational vehicles fRY's). travel trailers, live-aboards (transient and
non-transient), and military personnel from the Keys shall be initiated. State parks and
campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-
residents should be strictly limited.
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.
3. Approximately 30 hours in advance of tropical stann winds, a mandatory phased evacuation
of permanent residents by evacuation zone (described below) shall be initiated. Existing
evacuation zones are as tollows:
a. Zone 1 ~ Key West, Stock Island and Key Haven to Boca Chica Bridge fMM 1-6)
b. Zone 2 -- Boca Chica Bridge to West end of7-mile Bridge (MM 6-40)
c. Zone 3 ~ West end of 7-Mile Bridge to West end of Long Boat Kev Bridge (MM 40-
ill
d. Zone 4 ~ West end of LonQ Boat Key Bridge to CR 905 and CR 905A intersection
(MM 63-106.5)
e. Zone 5 - 905A to, and including Ocean Reef (MM I 06.5~ 126.5)
The actual sequence of the evacuation by zones will vary depending on the individual stonn. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate
County 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 [9J-
5.012(3)( c)4).
Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance
is held invalid, the remainder shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. The ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 163 and 380, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2005.
Mayor Dixie M. Spehar
Mayor Pro Team Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie M. Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
BOCC STAFF REPORT
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
K. Marlene Conaway
DA TE:
April 29, 2005
MEETING DATE: May 18, 2005
RE: REVISIONS TO MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
POLICY 216.1.8
I BACKGROUND
The past Hurricane Season was particularly active for Monroe County. The County was threatened
with four hunicanes, one of which required an evacuation of the residential and non-residential
populations. The Counties ability to safely and efficiently evacuate the residential and non-
residential populations is a primary safety concern.
Monroe County is required to amend the Work Program set forth in Policy 101.2.13 of the Monroe
County Year 2010 Comprehensive Plan. Within the current year, year 8, the County is to complete a
comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to
reduce actual hurricane clearance times and thereby reduce potential loss of life from hunicanes.
The County anticipates accomplishing this by amending Policy 216.1.8 which requires the County
to implement procedures for the orderly closing and evacuation of the transient, non-resident
population. Throughout the hurricane season, the County required operators of transient facilities to
notify guests of the evacuation procedures. The Plan was to be monitored on a yearly basis. The
proposed amendment of this Policy implements the procedures for an orderly evacuation by staging
an evacuation sequence based on the anticipated arrival of a pending major hurricane. The critical
concept of this Policy is that non-residents would leave the Keys before the evacuation of the
residents begin. By evacuating the non-residents first, the County can achieve and maintain an
overall 24-hour hunicane evacuation clearance time for the resident population.
This Policy is a result of research and analysis perfimned by the Florida Keys Hunicane Evacuation
Clearance Working Group. The Working Group was established by Secretary Thaddeus Cohen of
the Florida Department of Community Affairs in August of 2004 and has met monthly between
September 2004 and January 2005. The Working Group discussed four alternatives regarding
hurricane evacuation in the Keys including reducing clearance time, special needs population, a
regional evacuation model and equivalency factors. Of the alternatives analyzed by the group, the
staged evacuation option was considered the quickest and most effective means of significantly
reducing clearance time (See the Working Group's summary report attachment for a more complete
background).
II ANALYSIS
The Working Group worked within the context of the current Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan that pertained to hurricane evacuation. Staff finds
the amendment of Policy 2] 6.1.8 consistent with the Goals, Objectives and Policies of the Monroe
County Year 2010 Comprehensive Plan. Particularly, Goal 216 which requires Monroe County to
provide for hurricane evacuation, shelters, refuges, and communication capabilities to promote
safeguarding of the public against the effects of hurricanes and tropical storms. In addition,
Objective 216.1 mandates the County to reduce hurricane evacuation clearance times to 24 hours by
the year 2010. As an "Area of Critical State Concern", Monroe County is also governed by
Chapters 91-5 and 91-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida
Statutes. The proposed Policy amendment is consistent with 91-5.012(2)e. The proposed text
amendment will further the following natural disaster planning concerns:
. To consider the number of persons required to evacuate, evacuation routes, evacuation
times.; and
. To protect the special needs of the elderly, handicapped, hospitalized, or other special needs;
and
. To maintain or reduce hurricane evacuation times.
The primary benefit associated with this altt.mative is the reduction of background traffic during a
mandatory evacuation of Keys residents. This reduction would in turn reduce the estimated
evacuation clearance time for residents by approximately three and a half hours if an early
evacuation of tourists is implemented, and six hours for early evacuation of tourists and mobile
homes.
Finally, this Policy shan be monitored on an annual basis and adjusted as necessary to reflect
increases, decreases and or shifts in the population; particularly resident and non-resident. The
annual monitoring is particularly important as transient and residential dwelling units have recently
been redeveloped from a mobile/transient use to a permanent use.
III FINDINGS OF FACT
1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp
Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of
hurricane evacuation issues in the Florida Keys.
2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe
County Year 20] 0 Comprehensive Plan.
3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and
216.1 of the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the amendment consistent with F.A.C. Chapters 91-5, Florida Statutes, Chapter
163, and The Principles for Guiding Development.
IV PREVIOUS ACTION
The Board of County Commissioners passed and adopted Resolution # 018-2005 on 1 anuary 19,
2005 supporting implementation of a staged hurricane evacuation process in Monroe County, FL
The Resolution was proposed by the Working Group to allow for a safer evacuation of the Florida
Keys by requiring the tourists, non-residents and other categories of evacuees to complete their
evacuations prior to the inception of the evacuation of residents. The amendment of this Policy
further implements this Resolution.
The proposed amendment was reviewed and Approved at regularly scheduled meetings by
Planning Staff, the Development Review Committee on March 24, 2005 and the Planning
Commission on May 11,2005.
V PROPOSED TEXT CHANGE
The old language is shown struck through.
The new language is shown underlined.
Current Policy 216.1.8:
"\s directed by the Department of Emergency Management, Monroe County shall implement
procedures for the orderly closing and evacuation of hotels, motels, R V parks, mobile home parks,
campgrounds, and state and county parks in accordance "'lith the Monroe county Hurricane
Preparedness Evacuation and Shelter Plan. The oounty shall require that operators of transient
facilities notify guests of the evucuation procedure during check in through out the hurricane
season. The plan shall be monitored and updated on an annual basis [9J 5.0I2(3)(c)~].
Pro1Josed Policy 216.1.8:
In the event of a pending maior hurricane (category 3-5) Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population.
1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
residents, visitors, recreational vehicles fRY's), travel trailers, live-aboards (transient and
non-transient), and military personnel from the Keys shall be initiated. State parks and
campgrounds should be closed at this time or sooner and entrv into the Florida Keys by non-
residents should be strictly limited.
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.
3. Approximatelv 30 hours in advance of tropical storm winds, a mandatory phased evacuation
of permanent residents by evacuation zone (described below) shall be initiated. Existing
evacuation zones are as follows:
a. Zone 1 ~ 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 (MM 6-40)
c. Zone 3 ~ West end of7-Mile Bridge to West end of Long Boat Kev Bridge (MM 40-
Ql}
d. Zone 4 - West end of Long Boat Key Bridge to CR 905 and CR 905A intersection
(MM 63-106.5)
e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5)
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
County 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; principally the resident and non-resident populations [9J-
5.012(3)( c)4].
VI RECOMMENDED ACTION:
Based on the Findings of Fact and Conclusions of Law and the recommendations of Planning Staff,
the Development Review Committee and the Planning Commission recommends APPROVAL to
the Monroe County Board of County Commissioners for the proposed text change to Policy 216,1.8
of the Monroe County Year 2010 Comprehensive Plan.
Summary Report of the Florida Keys
Hurricane Evacuation Working Group
Background
The Florida Keys Hurricane Evacuation Clearance Working Group was established by Secretary
Thaddeus Cohen of the Florida Department of Community Affairs in August of 2004. The
Secretary's letter establishing the working group is attached as Appendix 1. The purpose of the
working group was threefold:
(1) To examine the underlying assumptions of the Miller hurricane evacuation model, in
the context of the Florida Keys approaching the 24-hour limit for evacuation
clearance time;
(2) To assess building permit equivalency rates across the various local governments in
the Keys and their effects on clearance time;
(3) To complete a comprehensive analysis of hurricane evacuation issues and develop
strategies to reduce hurricane clearance times, specifically examining recent
improvements in hurricane forecasting and developments in Transportation Systems
Management
Based on these principles, the working group met monthly between September 2004 and January
2005. Its members consisted of one elected official from each local government The members of
the working group were:
Clyde Burnett - Mayor, City of Key Colony Beach
Charles "Sonny" McCoy ~ Monroe County Board of County Commissioners
Carol MacLaren ~ Mayor, City of Layton (through November 2004)
Kim Briggs - Mayor, City of Lay10n (after November 2004)
Randy Mearns ~ Marathon City Council
Michael Reckwerdt ~ Islamorada Village Council
Jimmy Weekley - Mayor, City of Key West
Furthermore, members of the public were encouraged to attend working group meetings and
provide their perspectives on the issues.
Topics
The working group addressed a wide range of topics, which fell into five broad categories:
1. Background ~ recent experiences with hurricanes; the Miller model; hurricane
forecasting
2. Transportation ~ road widening; Transportation Systems Management;
3. Sheltering options - cost/location of shelters
4. Planning~ ROGO/property rights; equivalency issues;
5. Evacuation options and issues - timing of evacuation orders
Summaries of the panel's meetings are attached as Appendix 2.
n Recommendations
The working group offered several recommendations regarding hurricane evacuation in the Keys.
These recommendations included the following: (1) reduce clearance time through a staged
evacuation process; (2) increase and improving coordination tor the evacuation of special needs
residents; (3) explore the development of a regional hurricane evacuation model; and (4) establish
more uniform equivalency factors for dwelling units among the various local governments in the
Keys. The recommendations are discussed in more detail below.
1. Reduce Clearance Time
The primary issue facing the group was the question of reducing clearance time. At the moment, the
Keys are just below the mandated 24-hour evacuation time threshold. Four alternatives to reduce
clearance time were presented to the working bYfouP. These options consisted of (1) Transportation
Systems Management (TSM) ~ the use of cones, delineators, signs, and other low-cost, temporary
traffic control devices to create additional outbound travel lanes along US-1 during an evacuation
period; (2) the construction of permanent roadway improvements along US-I to increase roadway
capacity during non-evacuation and evacuation periods; (3) a stagediphased evacuation process-
requiring a mandatory evacuation of non-residents, visitors, and recreational vehicles (RYs) from
the Keys approximately 48-hours in advance of sustained tropical storm force winds and (4)
sheltering a portion or all of the Keys population during Category 3-5 hurricanes.
Of the four alternatives, option (3) was considered the quickest and most effective means of
signifIcantly reducing clearance time ~ a staged evacuation process could be implemented by the
next hurricane season (unlike pennanent roadway improvements), would reduce clearance time the
most, according to the evacuation model, and mirrors existing emergency management practices
already in place in Monroe County. However, in order to have the elearance time reduction
reflected in the evacuation model, local governments will need to adopt policies into their
comprehensive plans supporting this alternative - resolutions passed by the local governments in
support of this alternative are attached as Appendix 3.
The working group did not endorse option (1), Transportation Systems Management, which was
perceived as too labor intensive and distracting for law enforcement personnel with at best a
minimal or speculative evacuation benefit. The panel did voice support for option (2), permanent
roadway improvements, but only as an element of a longer-term, regional evacuation plan and with
the understanding that lslamorada vigorously opposes widening US-I through the Village. The
working group recognized that with respect to option (4), sheltering the population in the Keys,
there are currently not enough shelter spaces for the entire population during a Category 3-5 storm,
but that shelters shall be considered for special needs residents as well as under other circumstances
and in the Lower Keys and the City of Key West. The working group also recognized hazards
associated with sheltering large populations and advocated considerable more study. The City of
Key West and Monroe County adopted resolutions that specifically supported the further
consideration of shelters under certain circumstances.
2. Special Needs
Another issue addressed by the working b,:tfOUP is the evacuation of the county's special needs
population. This population includes the elderly, homebound, hospitalized, and others, whose
evacuation would require special attention and coordination. In this regard, the hurricane evacuation
clearance working b,:tfOUP recommended that local health, law enforcement, and emergency
management personnel work together to ensure better coordination among agencies, so as to be able
to better serve the county's most vulnerable population. The State of Florida Emergency Support
Function (ESF) should serve as a model approach for this coordination.
The issue of providing evacuation for the homeless population was also considered. The Florida
Keys Outreach Coalition will be responsible for the evacuation of the homeless population.
3. Regional Evacuation Model and Coordination
In working group discussions, a recurring theme was the impact of large-scale development in
southern Miami-Dade County on the evacuation from the Keys to the mainland. Working group
members recommended developing a regional evacuation model and securing state funding for such
a project to put hurricane evacuation into a regional context. The working group emphasized the
need to examine what happens to traffic from the Keys when it reaches Florida City and heads
north. The group also recognized the need to formalize coordination of evacuation procedures with
Miami-Dade County.
4. Equivalency Factors
The working group recommended that local planning officials discuss the various equivalency
factors used throughout the county and attempt to devise more uniform standards for counting and
allocating dwelling units. The working l:,:tfOUP was of the opinion that for modeling purposes as well
as fairness, a standardized method of accounting for dwelling units would be helpful. This
infonnation could then be utilized to update the Miller Model in the future.
III Implementation Steps
As noted above, local governments passed resolutions in favor of a staged evacuation process. The
next step will be to adopt comprehensive plan amendments to formalize this support. The
Department of Community Affairs will work closely with the local governments in this regard and
provide necessary support. The local governments in Monroe County will need to fornmlize
procedures to ensure the operational implementation of the staged evacuation process. A
recommended approach would be through Memorandums of Understanding among all local
governments in Monroe County.
Furthermore, officials will work cooperatively to ensure that the evacuation of citizens with special
needs is adequately addressed. Secretary Cohen oftered assistance from the Division of Emergency
Management. In addition, a DCA staff person will be specifically assigned to continue work on this
effort.
Also, DCA will explore funding for a regional evacuation model to ensure that the impact of
development in Miami-Dade County on the Florida Keys is adequately addressed. Future
hurricanes will most likely be regional issues and as such, a regional model could prove useful for
planning and public safety officials, as well as for coordination among Monroe County and Miami-
Dade County emergency management departments.
Finally, local planners will work together in order to provide more precise inputs into the hurricane
evacuation model, particularly with regard to dwelling unit equivalency factors. The Department of
Community Affairs will assist this effort.
DRAFfPLANNING COMMISSION RESOLUTION #P -05
DRAFT PLANNING COMMISSION RESOLUTION NO. P ~05
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY YEAR 201 0 COMPREHENSIVE PLAN, POLICY 216.] .8
CONCERNING A ST AGED/PHASED EVACUATION IN THE EVENT OF A
PENDING MAJOR HURRICANE (CATEGORY 3-5).
WHEREAS, Monroe County is required to amend the Work Program set forth by Policy
101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, within the current year, year 8, Monroe County is required to complete a
comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to
reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes;
and
WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane
evacuation set forth by the Work Program by amending Policy 216.1.8; and
WHEREAS, the proposed amendment to Policy 216.1 .8 is a result of research and analysis
performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and
WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for tive
months to address the ability to safely and efficiently evacuate the residents and tourists of the
Florida Keys; and
WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation
option was considered the quickest and most effective means of significantly reducing clearance
time; and
WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida
Keys by requiring the tourist, non-residents, and other categories of evacuees complete their
evacuations prior to the inception of the evacuation of residents; and
WHEREAS, the Working Group proposed the local governments in the Florida Keys agree
to the concept of a "staged evacuation process", and
WHEREAS, the Planning Commission adopted the following Findings of Fact:
1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a
Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an
analysis of hurricane evacuation issues in the Florida Keys.
2. Staff finds the amendment consistent with the goals, objectives, and policies of the
Monroe County Year 2010 Comprehensive Plan.
3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective
101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the amendment consistent with F.AC. Chapters 9J-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005
supporting the implementation of a staged hurricane evacuation process in Monroe County; and
WHEREAS, the text change was reviewed and recommended for approval to the Planning
Commission at the Development Review Committee public meeting held on March 24,2005;
WHEREAS, the text amendment was continued by the Monroe County Planning
Commission during regular public meetings held on April 13 and 27, 2005 and reviewed and
approved by the Monroe County Planning Commission during a regular public meeting held on
May 11,2005; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend
APPROV AL to the Monroe County Board of County Commissioners of the following amendment
to Policy 216.1.8 the Monroe County Year 20t 0 Comprehensive Plan as requested by the Monroe
County Planning Department as follows:
The old language is shown struck through.
The new language is shown underlined.
Current Policy 216.1.8:
As directed by tho Department of Emergency Management, Monroe County shull implement
procedures for the orderly closing and e'/ucuation of hotels, motels, RV parks, mobile home parks,
campgrounds, and state and county parks in accordance '::ith the Monroe county Hurricane
Preparedness Evacuation and Shelter Plan. The count)' shall require that operators of transient
facilities notify guests of the evucuation procedure during oheck in through out the hurricane
soason. The plan shall be monitored and updated on an annual basis [9J 5.012(3)(e)1].
Proposed Policy 216.1.8:
In the event of a pending major hurricane (category 3-5) Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population.
1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
residents. visitors. recreational vehicles fRY's). travel trailers. live-aboards (transient and
non-transient). and military personnel from the Keys shall be initiated. State parks and
campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-
residents should be strictly limited.
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.
3. Approximately 30 hours in advance of tropical storm winds. a mandatory phased evacuation
of permanent residents by evacuation zone (described below) shall be initiated. Existing
evacuation zones are as follows:
a, Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
b. Zone 2 ~ Boca Chica Bridge to West end of7-mile Bridge (MM 6-40)
c. Zone 3 ~ West end of7-Mile Bridge to West end of Long Boat Key Bridge (MM 40-
Q1l
d. Zone 4 ~ West end of Long Boat Key Bridge to CR 905 and CR 905A intersection
(MM 63-106.5)
e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5)
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
County 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; principally the resident and non-resident populations [9J-
5.012(3)( c)4].
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 11 th day of May, 2005.
Lynn C. Mapes, Chair
Denise Werling, Vice Chair
Julio Margalli, Commissioner
James D. Cameron, Commissioner
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
YES
YES
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA
By
Lynne C. Mapes, Chair
Signed this
day of
,2005
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D -05
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. -05
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING
COMMISSION OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8
CONCERNING A STAGED/PHASED EV ACUA nON IN THE EVENT OF A
PENDING MAJOR HURRICANE (CATEGORY 3-5).
WHEREAS, Monroe County is required to amend the Work Program set forth by Policy
101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, within the current year, year 8, Monroe County is required to complete a
comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to
reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes;
and
WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane
evacuation set forth by the Work Program by amending Policy 216.1.8; and
WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis
performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and
WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five
months to address the ability to safely and efficiently evacuate the residents and tourists of the
Florida Keys; and
WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation
option was considered the quickest and most effective means of significantly reducing clearance
time; and
WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida
Keys by requiring the tourist, non-residents, and other categories of evacuees complete their
evacuations prior to the inception of the evacuation of residents; and
WHEREAS, the Working Group proposed the local governments in the Florida Keys agree
to the concept of a "staged evacuation process", and
WHEREAS, the Development Review Committee reviewed the following information:
1. The staff report prepared by Heather Beckmann, dated, March 15,2005; and
WHEREAS, the Development Review Committee adopted the tollowing Findings of Fact:
1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a
Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an
analysis of hurricane evacuation issues in the Florida Keys.
2. Staff finds the amendment consistent with the goals, objectives, and policies of the
Monroe County Year 2010 Comprehensive Plan.
3. Particularly, Staff fInds the amendment consistent with Goal 216 and Objective
101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the amendment consistent with F.A.C. Chapters 91-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005
supporting the implementation of a staged hurricane evacuation process in Monroe County; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support its
decision to recommend APPROVAL to the Monroe County Planning Commission of the proposed
text amendment to the Monroe County Year 2010 Comprehensive Plan as follows:
The old lanh~age is shown struck through.
The new language is shown underlined.
Current Policy 216.1.8:
/\'5 directed by the Department of Emergency Management, Monroe County shall implement
procedures for the orderly closing afld evacuation of hotels, motels, RV parks, mobile home parks,
camphlfounds, and state and county parks in accordance ':,'ith the Monroe county Hurricane
Preparedness Evacuation and Shelter Plan. The county shall require that operators of transient
faoilities notify guests of the evacuation prooedure during chock in through out the hurricane
season. The plan shall be monitored and updated on an annual basis [91 5.012(3)(c)1].
Proposed Policy 216.1.8:
In the event of a pending major hurricane (category 3-5) Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population.
1. Approximately 48 hours in advance of trolJical storm winds, a mandatory evacuation of non-
residents, visitors, recreational vehicles CRY's). travel trailers, live-aboards (transicnt and
non-transient), and military personnel from the Keys shall be initiated. State parks and
campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-
residents should be strictly limited.
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.
3. Approximatelv 30 hours in advance of tropical storm winds, a mandatory phased evacuation
of permanent residents by evacuation zone (described below) shall 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 of7-mile Bridge (MM 6-40)
c. Zone 3 - West end of7-Mile Bridge to West end of Long Boat Key Bridge (MM 40-
63)
d. Zone 4 - West end of Long Boat Key Bridge to CR 905 and CR 905A intersection
(MM 63-106.5
e. Zone 5 - 905A to, and including Ocean Reef (MM 106.5-126.5)
The actual sequence of the evacuation by zones will vary depending on the individual stonn. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate
County 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~ principally the resident and non-resident populations [9J-
5.012(3)(c )4].
PASSED AND ADOPTED by the Development Review Committee of Monroe County at a
regular meeting held on the 24th day of March, 2005.
Aref Joulani, Senior Administrator of Devclopment Review YES
Heather Beckmann, Planner YES
Ralph Gouldy, Sf. Administrator of Environmcntal Resources YES
David Dacquisto, Director of Island Planning YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA
By
Aref Joulani, DRC Chair
Signed this
day of
,2005
PLANNING DEPARTMENT
Suite 400
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 2892500
FAX: (305) 2892536
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern, Charles McCoy, District 3
Comm. Murray E. Nelson, District 5
Comm. George Neugent, District 2
Comm. David P. Rice, District 4
MEMORANDUM
From:
Monroe County Board of County Commissioners
K. Marlene Conaway, Senior Director of Planning 1{yVll-
To:
Date:
May 16, 2005
Re:
Agenda Item U-3: Monroe County 2010 Comprehensive Plan Amendment, Policy
216.1.8 - Updated Status since BOCC packet for 5/18/05
MEETING DATE: May 18, 2005
On May 11,2005, the Planning Commission, at their third public meeting to discuss the proposed
Comprehensive Plan amendment concerning phasing hurricane evacuation, voted 3 to 2 to
recommend the following changes to Agenda Item U-3: Comprehensive Plan Amendment, Policy
216.1.8:
(Additional changes are underlined and in bold)
Proposed Policy 216.1.8:
In the event of a pending major hurricane (category 3-5) Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the Dermanent resident population.
1. 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 should be closed at this time or sooner and entry into the Florida Keys by
non-residents should be strictly limited.
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.
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
evacuation of permanent residents by evacuation zone ( described below) shall be initiated.
Existing evacuation zones are as follows:
Page 1 of2
a. Zone 1 _ Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
b. Zone 2 - Boca Chica Bridge to West end of7-mile Bridge (MM 6-40)
c. Zone 3 _ West end of 7-Mile Bridge to West end of Long Boat Key Bridge (MM
40-63)
d. Zone 4 _ West end of Long Boat Key Bridge to CR 905 and CR 905A intersection
(MM 63-106.5)
e. Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
The actual sequence of the evacuation by zones will vary depending on the individual stonn. The
concepts embodied in this staged evacuation procedures should be embodied in the appropriate
County 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; principally the resident and non-resident populations [9J-
5.012(3)(c)4].
For the ouroose of imolementine: Policy 216.1.18. this Policy shall not increase the number of
allocations to more than 197 residential units a ear exce t for workforce housine:. Anv
increase in the number of allocations shall be for workforce housin on .
The Planning Staff and the Planning Commission recommend approval of the proposed
amendment with changes to Policy 216.1.8.
Page 2 of2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division: Growth Management
Bulk Item: Yes
No-L
Department: Planning & Env. Resources
Staff Contact Person:
K. Marlene Conaway
AGENDA ITEM WORDING: Public hearing to consider an Interim Development Ordinance for the
Tavernier Historic District Overlay deferring the acceptance of development applications until design standards
and guidelines are adopted and expiring within six months after the effective date of the Livable CommuniKeys
Master Plan for Tavernier Creek to Mile Marker 97 or the adoption of design standards and guidelines,
whichever comes first
(The first of two public hearings)
ITEM BACKGROUND: The Board of County Commissioners (BOCC) adopted the Livable CommumKeys
Master Plan Tavernier Creek to Mile Marker 97 (Master Plan). The Master Plan, in Action Item 4.3.6 directs
the County to enact a temporary moratorium to defer acceptance of development applications that seek
development approval for all new development, exterior remodeling or redevelopment located within the
Tavernier Historic District Overlay that meet the threshold for design review for six months after the effective
date of the Master Plan or when the guidelines become effective or whichever comes first. On January 16,
2005, the BOCC contracted with HDR consultants to develop design standards and design guidelines for all
new development, exterior remodeling or redevelopment within the subject area.
PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted the Livable CommuniKeys Master Plan
Tavernier Creek to Mile Marker 97 at their meeting of February 16,2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes --.lL No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty ~
Risk Management ~
DIVISION DIRECTOR APPROVAL:
, AICP)
DOCUMENTATION: Included ~ Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
INTERIM DEVELOPMENT ORDINANCE
TAVERNIER HISTORIC DISTRICT OVERLAY
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
May 18,2005
INTERIM DEVELOPMENT ORDINANCE
A REQUEST BY MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES TO
ADOPT AN INTERIM DEVELOPMENT ORDINANCE FOR
THE TAVERNIER HISTORIC DISTRICT OVERLAY;
ESTABLISHING THE BOUNDARIES THEREOF;
DEFERJUNG THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND
GUIDELINES ARE ADOPTED; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS (DCA);
PROVIDING FOR EXPIRATION WITHIN SIX MONTHS
AFTER THE EFFECTIVE DATE OF THE LIVABLE
COMMUNIKEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF
DESIGN STANDARDS AND GUIDELINES, WHICHEVER
COMES FIRST.
STAFF: Approval
March 24,2005
DRC:
Approval
March 24, 2005 Resolution # D6-05
pc:
Approval
April 27, 2004 Resolution # P16-05
DRAFT BOCC ORDINANCE
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING A INTERIM DEVELOPMENT
ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT
OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE
ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR TRANSMITT AL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR
EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE
OF THE LIVABLE COMMUNI KEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS, the 2010 Comprehensive Plan, Goal 101 requires Monroe County to
manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources [91-5.006(3)(b)l]; and
WHEREAS, the 201 0 Plan Objective 10 1.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable Communi Keys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as
identified in the Master Plan; and
WHEREAS, GAl consultants completed an architectural survey of all unincorporated
areas of Monroe County and completed an evaluation of sites and structures for designation in
the National Register of Historic Places and or Monroe County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier Historic
District as being eligible for national historic designation, eight of the identified properties are
designated as Monroe county landmarks and seventeen are listed as Monroe County Historic
Landmarks; and
WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on
the National Register of Historic Places; and
Page 1 of6
4/28/2005
WHEREAS, each individual historic site and or structure is important and together they
contribute to making the Tavernier Historic District Overlay a significant county resource; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the designated Tavernier
Historic District Overlay be consistent with design standards and in compliance with regulatory
controls; and
WHEREAS, historic architecture design standards and design guidelines for historic
structures, contributing structures and non-contributing structures all together can support,
enhance and preserve the character of the historic district; and
WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a
temporary moratorium on development within the Tavernier Historic District Overlay until the
design standards are adopted or six months after the effective date of the Master Plan, whichever
comes first; and
WHEREAS, the County has committed necessary staff and resources to the development
of the historic district design standards in order to facilitate diligent and good faith efforts to
establish policies and regulations within a reasonable period of time; and
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to Contract with HDR Consultants to prepare the historic district design
standards and implementation measures including Land Development Regulations at their
meeting of January 19, 2005; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of land development regulations is a
legitimate governmental tool to facilitate logical and considered growth and as a means of
avoiding inefficient and ill-conceived development; and,
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the approval of development applications within the designated Tavernier
Historic District Overlay so the County can prepare design guidelines; and,
WHEREAS, the purpose this Interim Development Ordinance provides mechanisms to
assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 F .S., authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety, and welfare of the citizens of Monroe County; and
WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia,
encourages the use of innovative land development regulations including provisions like
moratoria to implement the adopted comprehensive plan; and
Page 2 of 6 4/28/2005
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff
immediately undertook the development of this Interim Development Ordinance and began
working with the consultants HDR, Inc on development of historic design standards for the
Tavernier Historic Overlay District; and
WHEREAS, the Planning Commission has reviewed the draft Interim Development
Ordinance and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance recommended by the Planning Commission and Planning staff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of
which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this
ordinance.
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier
Creek to Mile Marker 97 or whenever the land development regulations and design standards
and guidelines become effective, whichever comes first
Section 3: During the period that this interim ordinance is in effect, no application for a building
permit or development approval shall be granted for any new development, remodeling or
redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4:
The following are exempt from this ordinance:
1. Interior remodeling.
2. The Director of Planning may authorize the relocation of historic structures identified as
a candidate for local historic designation by the Historic Preservation Commission.
3. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and
approval of building design by the Planning Commission, based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants,
Page 3 of6
4/28/2005
Section 5: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no application for a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April 1,
2005, or later.
Section 6: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval for any development or
redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to
the Monroe County Land Development Regulations and the 2010 Plan.
Section 9: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, a vested rights application setting forth
facts establishing the applicant met, prior to the date that this Ordinance is adopted by the
Board of Monroe County Commissioners, the vested rights standards set forth in Section
95-181, Monroe County code. Such application must be filed no later than sixty (60)
days after the effective date of this ordinance.
Section 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopment within the designated
Tavernier Historic District.
Section 11: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and regulatory controls to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys and that address local
community needs while balancing the needs of all Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Page 4 of6
4/29/2005
Section 12: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 13: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested
to review and approve it by immediate Final Order. S.l20.569(2)(n), F.S.
Section 15: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek Historic district, or six months after the
effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker
97, whichever comes first, unless repealed sooner or extended pursuant to the terms set
forth herein.
-Remainder of the page left blank -
Page 5 of6
4/29/2005
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the _ day of 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
MONROE COUNTY ATTORNEY
~VEDAf TO FORM
i./ 7f:te/ t; .
, '- ~ ~ ~-. ZLJ' ~ OS-
ATTEST: DANNY L KOHAGE, CLERK
.....a.
Deputy Clerk
ATTACHED - TAVERNIER HISTORIC DISTRICT MAP
Page 6 of6
4/29/2005
Livable C011JnumiKeys Master Plan for TiWernier Creek Bridge to Mile Marker 97
ToveI'm Creek to N,de Mupker 97
Tavernier Historic District
Exhibit 1
Historic District
Historic District
ii'
K
A
Figure 3.1 Historic overlay district.
Community Character Element
47
BOCC STAFF REPORT
MEMORANDUM
TO:
FROM:
DATE:
RE:
Monroe County Board of County Commissioners
David A Dacquisto AICP, Director, Island Planning Team
April 26, 2005
Interim Development Ordinance for the Tavernier Historic District Overlay
Summary
The Board of County Commissioners (BOCC) at their meeting of February 16, 2005 adopted the
Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 (Master Plan).
Action Item 4.3.5 of the Master Plan stated that any new development, remodeling or redevelopment
within the Tavernier Historic District Overlay would be required to be consistent with design
standards and regulatory controls established pursuant to Strategy 4.1. Strategy 4.1 of the Master Plan
outlines a strategy to protect the future integrity of Tavernier's Historic District by adopting ordinances
that clearly define the boundaries of the district, commit to preserving the historic qualities of the
district and provide guidelines for all future development activities in the district
Action Item 4.3.6 of the Master Plan provided for an Interim Development Ordinance (IDO) on all
development meeting the threshold for design review and approval as identified in Action Item 4.3.5.
Upon adoption of the Master Plan, the Growth Management staff prepared an IDO to defer
acceptance of development applications that seek development approval for all new development,
exterior remodeling or redevelopment located within the Tavernier Historic District Overlay that meet
the threshold for design review. In anticipation of adoption of the Master Plan an to minimize the
term of the 100, the BOCC on January 16,2005 contracted with HDR consultants to develop design
standards and design guidelines for all new development, exterior remodeling or redevelopment and
to write the implementation language including required amendments to Monroe County Code.
The 100 will remain in effect until design standards and design guidelines for the Tavernier Historic
District are adopted or six months after the effective date of the Master Plan, whichever comes first.
Applications received with a submittal date of March 31, 2005 or earlier will be exempt from this
ordinance. Applications received after that date will not be processed and no applications will be
accepted after the effective date of the ordinance pursuant to the "Pending Ordinance Doctrine",
Background
Interim Development Ordinance
The Tavernier Creek to Mile Marker 97 Livable Communi Keys Master Plan identified the need to
develop' design standards and design guidelines for the Tavernier Historic District
1
Action Item 4.3.5 required that any new development, remodeling or redevelopment approved within
the Tavernier Historic District (Figure 3.1), is consistent with design standards and in compliance with
regulatory controls established pursuant to Strategy 4.1.
Action Item 4.3.5 provided for an IDO to defer development, exterior remodeling and redevelopment
within the Tavernier Historic Overlay District (Figure 3.1) until design controls for the Tavernier
Historic Overlay District are adopted or six months after the effective date of this Master Plan,
whichever comes first
The IDO defers new development, exterior remodeling or redevelopment to prevent development,
exterior remodeling or redevelopment that would not be consistent with the design standards and
design guidelines that will be developed and that would not be consistent with the vision, historic and
architectural model for the area.
The boundaries oftheIDO are identified in Section 1 ofthe IDO and on the attached map Exhibit L
Section 3 of the IDO sets out the development restrictions that will remain in effect for the duration of
the 1DO. No building permit or development approval will be granted for any new development,
remodeling or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
There are four exceptions to the development restrictions identified in the IDO. Section 4 ofthe IDO
lists exceptions for interior remodeling, the relocation of certain historic structures and development
under an approved conditional use permit, repair and/or approvals required for life/safety
improvements:
1. Interior remodeling.
2. The relocation of historic structures designated by Monroe County or identified by "The
Final Report Historic Architectural Survey of unincorporated Areas of Monroe County
Florida (2003)" prepared by GAl Consultants Inc.
3. The relocation of historic structures identified as a candidate for local historic designation
by the Historic Preservation Commission.
4. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
An exception that is currently proposed in the IDO for the U.S. 1 Highway corridor Tavernier Creek
to Mile Marker 97 and Community Center allows public buildings to proceed subject to review and
approval of the building design by the Planning Commission, based on the draft architectural design
standards and design guidelines prepared for the county by HDR consultants. It is recommended that
the following language be included in Section 4 of the IDO to add a fifth exception for public
buildings to the development restrictions identified in the IDO:
5. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and
approval of building design by the Planning Commission, based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants.
2
The IDO refers to the Monroe County Code Section 9.5-181 Determination of vested rights as the
process for property owners to seek a detennination that the owner's proposal is vested against the
provisions of the IDO and can proceed.
Planning Commission Action
The Monroe County Planning Commission at their meeting of April 27, 2005 recommended approval
of the Interim Development Ordinance with the modifications as stated below:
Section 3: During the period that this interim ordinance is in effect, no application for a building
pennit or development approval shall be granted for any new development, remodeling or
redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4:
The following are exempt from this ordinance:
2. The relocation of historic structuros designated by Monroe County or idoo.tified by "The
Final report Historic Arehitecturol 8Uf"fey of l:U1incorporated "'\reas of Monroe County
(20030" prepared by G.'\l Consultants Inc.
.; 2. The Director of Planning may authorize the relocation of historic structures identified as a
candidate for local historic designation by the Historic Preservation Commission.
4 ,J,. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements
~ 4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subiect to review and
approval of building design by the Planning Commission. based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants.
Section 5: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3
hereof, 00 building permits no application for a building permit or development approval shall be
granted pursuant to an application or request with a submittal date of April 1, 2005, or later.
Section 6: This Ordinance shall not be construed to prohibit the issuance of a building permit or
planning approval prohibit application for, or the issuance of a building permit or development
approval for any development or redevelopment that is not identified in Section 3 hereof and that is
allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan.
Section 7: The ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 380, Florida Statutes and the DC^~ is requested t8 revievl and approve it by
immediate Final Ordor. S.120.569(2)(n), F.8.
Boundary Map
The boundary of the IDO is identified on Exhibit 1.
3
Staff Recommendation
Staff recommends approval ofthe attached Interim Development Ordinance with the modifications as
stated above, for the Tavernier Historic District Overlay; establishing the boundaries thereof; deferring
the acceptance of development applications until design standards and guidelines are adopted;
providing for exemptions; providing for an effective date; providing for transmittal to the department
of Community Affairs (DCA); providing for expiration within six months after the effective date of
the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 or adoption of design
standards and guidelines, whichever comes first
Cc: Timothy 1. McGarry, Director Growth Management
K. Marlene Conaway, Director of Planning and Environmental Resources
Kerry Willis, Esquire
Elizabeth La Fleur, Director, Lower Keys Island Planning Team
4
PLANNING COMMISSION RESOLUTION # P16-05
RESOLUTION NO. P-016-0S
AN RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING ADOPTION OF AN INTERIM
DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC
DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE
ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN
EFFICTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR
EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE
OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST.
WHEREAS, the Monroe County Planning Commission, during a public hearing held on
April 27, 2005, reviewed and considered the proposed Interim Development Ordinance; and
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS, the 2010 Comprehensive Plan, Goal 101 requires Monroe County to
manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources. [9J-5.006(3)(b)1]; and
WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable Comml..miKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as
identified in the Master Plan; and
WHEREAS, GAL consultants completed an architectural survey of all unincorporated
areas of MOlioe County and completed an evaluation of sites and structures for designation in
the National Register of Historic Places and or Monroe County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier Historic
District as being eligible for national historic designation, eight of the identified properties are
designated as MOlioe county landmarks and seventeen arc listed as Monroe County Historic
Landmarks; and
Page 1 of6
WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on
the National Register of Historic Places; and
WHEREAS, each individual historic site and or structure is important and together they
contribute to making the Tavernier Historic District Overlay a significant county resource; and
\VHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the designated Tavernier
Historic District Overlay be consistent with design standards and in compliance with regulatory
controls; and
WHEREAS, historic architecture design standards and design guidelines for historic
structures, contributing structures and non-contributing structures all together can suppOli,
enhance and preserve the character of the historic district; and
WHEREAS, Action Item 4,3.6 in the adopted Master Plan directs the County to enact a
temporary moratorium on development within the Tavernier Historic District Overlay until the
design standards are adopted or six months after the effective date of the Master Plan, whichever
comes first; and
WHEREAS, the County has committed necessary staff and resources to the development
of the historic district design standards in order to facilitate diligent and good faith efforrs to
establish policies and regulations within a reasonable period of time; and
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to Contract with HDR Consultants to prepare the historic district design
standards and implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of land development regulations is a
legitimate governmental tool to facilitate logical and considered growth and as a means of
avoiding inefficient and ill-conceived development; and,
WHEREAS, the County finds that it is necessary to enact an Interim
Development Ordinance deferring the approval of development applications within the
designated Tavernier Historic District Overlay so the County can prepare design guidelines; and,
WHEREAS, the purpose this lnterim Development Ordinance provides mechanisms to
assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety, and welfare of the citizens of Monroe County; and
Page 2 of6
WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia,
encourages the use of innovative land development regulations including provisions like
moratoria to implement the adopted comprehensive plan; and
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff
immediately undertook the development of this Interim Development Ordinance and began
working with the consultants HDR, Inc on development of historic design standards for the
Tavernier Historic Overlay District; and
WHEREAS, the Planning Commission aiter hearing public comments and staff input,
finds that the proposed Interim Development Ordinance is consistent with and furthers the goals
and objectives of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97
and the Monroe County Year 2010 Comprehensive Plan; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following Interim Development Ordinance:
Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of
which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this
ordinance.
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. Citv of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier
Creek to Mile Marker 97 or whenever the land development regulations and design standards
and guidelines become effective, whichever comes first.
Section 3: During the period that this interim ordinance is in effect, no application for a
building permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4:
The following are exempt from this ordinance:
1. Interior remodeling.
2. The Director of Planning may authorize the relocation of historic structures identified as
a candidate for local historic designation by the Historic Preservation Commission.
3. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
Page 301'6
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review
and approval of building design by the Planning Commission, based 011 the draft
architectural design standards and design guidelines prepared for the county by
HDR consultants.
Section 5: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no application for a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April 1,
2005, or later.
Section 6: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval for any development or
redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to
the Monroe County Land Development Regulations and the 20 10 Plan.
Section 9: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, a vested rights application setting forth
facts establishing the applicant met, prior to the date that this Ordinance is adopted by the
Board of Monroe County Commissioners, the vested rights standards set forth in Section
9.5-181, Monroe County code. Such application must be filed no later than sixty (60)
days after the effective date of this ordinance.
Section 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopment within the designated
Tavernier Historic District.
Section 11: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and regulatory controls to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys and that address local
Page 40f6
community needs while balancing the needs of all Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Section 12: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 13: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested
to review and approve it by immediate Final Order. S.120.569(2)(n), F.S.
Section 15: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek Historic district, or six months after the
effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker
97, whichever comes first, unless repealed sooner or extended pursuant to the terms set
forth herein.
-Remainder of the page left blank-
Page 5 of6
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 2ih day of April 2005.
Chair Lynn C. Mapes
Vice Chair Denise Werling
Commissioner Jiulio Margalli
Commissioner James C. Cameron
Commissioner Randy Wall
Yes
Yes
Yes
No
Absent
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of
,2005.
Page 6 of 6
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D6-05
DRC RESOLUTION NO. D6-05
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE ADOPTION
OF AN INTERIM DEVELOPMENT ORDINANCE FOR THE
TAVERNIER HISTORIC DISTRICT OVERLAY; ESTABLISHING THE
BOUNDARIES THEREOF; DEFERRING THE ACCEPT ANCE OF
DEVELOPMENT APPLICA nONS UNTIL DESIGN STANDARDS AND
GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS
(DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER
THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER
PLAN FOR TAVERNIER CREEK TO MILE MARKER 97 OR
ADOPTION OF DESIGN ST ANDARDS AND GUIDELINES,
WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February
16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 as an amendment to the Monroe County Year 20 1 0 Comprehensive Plan
(referred to hereafter as the 2010 Plan); and
WHEREAS, GAl consultants completed an architectural survey of all
unincorporated areas of Monroe County and completed an evaluation of sites and
structures for designation in the National Register of Historic Places and or Monroe
County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier
Historic District as being eligible for national historic designation, eight of the identified
properties are designated as Monroe county landmarks and seventeen are listed as
Monroe County Historic Landmarks; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design
standards be prepared and that any new development or redevelopment within the
designated Tavernier Historic District Overlay be consistent with design standards and in
compliance with regulatory controls; and
WHEREAS, historic architecture design standards and design guidelines for
historic structures, contributing structures and non-contributing structures all together can
support, enhance and preserve the character of the historic district; and
Page I of5
WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to
enact a temporary moratorium on development within the Tavernier Historic District
Overlay until the design standards are adopted or six months after the effective date of
the Master Plan, whichever comes first; and
WHEREAS, the County finds that it is necessary to enact an Interim
Development Ordinance deferring the approval of development applications within the
designated Tavernier Historic District Overlay so the County can prepare design
guidelines; and
WHEREAS, the purpose this Interim Development Ordinance provides
mechanisms to assure democratic discussions and participation by citizens, developers,
and property owners who may be affected by eventual amendments to the Land
Development Regulations; and
WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners
to adopt ordinances to provide standards protecting against imminent and immediate
threat to the health, safety, and welfare of the citizens of Monroe County; and
WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's
police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter
alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan;
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on March 24, 2005, conducted a review and consideration of the
request filed by the Monroe County Planning Department to recommend approval to the
Monroe County Planning Commission of the Interim Development Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to
the Monroe County Planning Commission of the following as requested by the Monroe
County Planning Department:
Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to
Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005,
the Interim Development Ordinance shall apply to the Tavernier Historic Overlay
District, the boundaries of which are described on the map, attached hereto as Exhibit 1,
and hereby is made part of this ordinance.
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set
forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of
County Commissioners hereby establishes the interim development regulations set forth
in this Ordinance, which shall remain in full force and effect until the expiration of this
legislation within six months of the effective date of the Livable CommuniKeys Master
Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations
Page 2 of5
and design standards and guidelines become effective, whichever comes first.
Section 3: During the period that this interim ordinance is in effect, no building
permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4: The following are exempt from this ordinance:
I. Interior remodeling.
2. The relocation of historic structures designated by Monroe County or identified
by "The Final Report Historic Architectural Survey of unincorporated Areas of
MOlloe County Florida (2003)" prepared by GAI Consultants Inc.
3. The relocation of historic structures identified as a candidate for local historic
designation by the Historic Preservation Commission.
4. Development tmder an approved conditional use permit, repair and/or approvals
required for life/safety improvements.
5. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review
and approval of building design by the Planning Commission, based on the draft
architectural design standards and design guidelines prepared for the county by
HDR consultants.
Section 5: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no building permits or development approval shall be granted
pursuant to an application or request with a submittal date of April!, 2005, or later.
Section 6: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit the issuance of a
building permit or planning approval for any development or redevelopment that is not
identified in Section 3 hereof and that is allowed pursuant to the Monroe County Land
Development Regulations and the 2010 Plan.
Section 9:
Development
development
Any property owner adversely affected by the provisions of this Interim
Ordinance may seek a determination that the owner's proposed
or redevelopment is vested against the provisions of this Interim
Page 3 of5
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, a vested rights application setting forth
facts establishing the applicant met, prior to the date that this Ordinance is adopted by the
Board of Monroe County Commissioners, the vested rights standards set forth in Section
9.5-181, Monroe County code. Such application must be filed no later than sixty (60)
days after the effective date of this ordinance.
Section 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopment within the designated
Tavernier Historic District.
Section 11: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and regulatory controls to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys and that address local
commlmity needs while balancing the needs of all Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Section 12: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 13: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 15: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek Historic district, or six months after the
effective date of the Livable CommuniKeys Master Plan Tavernier Creek to lvlile Marker
97, whichever comes first, lmless repealed sooner or extended pursuant to the terms set
forth herein.
-Remainder of this page left blank-
Page 4 of 5
PASSED AND ADOPTED By the Development Review committee of Monroe County,
Florida at a regular meeting held on the 24 th day of March, 2005.
Aref Joulani, Sf. Administrator, Development Review and Design YES
David A Dacquisto, Director, Island Planning Team YES
Elizabeth LaFleur, Director, Island Plmilling Team YES
Thomas Williams, Planner YES
Heather Beckmmill YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
BY
Aref Joulani, DRC Chair
Signed this
day of
,2005
Page 5 of 5
GROWTH MANAGEMENT DIVISION
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
>~(j:)
(/~/ '-"\
;"/ , \.
H -...... .. f :..
'\ '-.. . -. _ !'.'
~ "':':__ ~ i~
~~.-..__..-
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
MEMORANDUM
From:
The Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resource~yV'Q
To:
Date:
May 13, 2005
Subject:
Agenda Item U-4 Editing Change: Interim Development Ordinances,
Tavernier Historic District Overlay
Summary
A property owner may seek a determination that the owner's proposed development or
redevelopment is vested against the provision of this Interim Development Ordinance (100)
through an application for vested rights, setting forth facts establishing the applicant met prior, to
a specific date, the vested rights standards of the Monroe county code.
The date used to establish vesting in Section 9 of the 100, does not match the date in Section 5
of the 100 that halted the granting of approvals for building permit applications or planning
approvals.
Editing Change
Change the date to be used to establish vested rights from "prior to the date that this Ordinance is
adopted by the Board of Monroe County Commissioners", to, prior to April I, 2005.
Section 9: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed development or
redevelopment is vested against the provisions of this Interim Development Ordinance, by filing
with the Director of Growth management, together with an administrative fee in the amount of
$400.00, a vested rights application setting forth facts establishing the applicant met, prior to #Ie
date t.hat this Of{liflaRee is aeopted BY the Beare of Monree COl:udy Cemmissienefs April 1.
2005, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such
application must be filed no later than sixty (60) days after the effective date of this ordinance.
Staff Recommendation
Staff recommends adoption of the amendment.