Item S1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19-20, 2006 Division: Growth Management
Bulk Item: Yes No X Department: Planring and Environmental Res.
Staff Contact Person: Tv Symroski
AGENDA ITEM WORDING:
A public hearing on an ordinance adopting amendments to Chapter 9.5 of the Land Development
Regulations, modifying and making permanent Section 9.5-227, emergency temporary housing;
providing for temporary placement of RVs, temporary airport construction housing, and temporary
recovery or reconstruction housing; providing specific standards and procedures for approval of RVs,
temporary airport construction housing and temporary recovery or reconstruction housing as temporary,
emergency housing.
(Only one public hearing required)
ITEM BACKGROUND:
During a regularly scheduled meeting held on Jude 13, 2006, the Development Review Committee
recommended approval of the proposed amendments to the Planning Commission. During a regularly
scheduled meeting held on June 28, 2006, the Planning Commission recommended approval of the
proposed amendments to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A BUDGETED: Yes _ No
COST TO COUNTY: NIA SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
' rl-y Sylnr4i
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
CHAPTER 9.5 OF THE LAND DEVELOPMENT REGULATIONS,
MODIFYING AND MAKING PERMANENT SECTION 9.5-227,
EMERGENCY TEMPORARY HOUSING; PROVIDING FOR
TEMPORARY PLACEMENT OF RVS, TEMPORARY AIRPORT
CONSTRUCTION HOUSING, AND TEMPORARY RECOVERY
OR RECONSTRUCTION LOUSING; PROVIDING SPECIFIC
STANDARDS AND PROCEDURES FOR APPROVAL OF RVS,
TEMPORARY AIRPORT CONSTRUCTION HOUSING AND
TEMPORARY RECOVERY OR :RECONSTRUCTION HOUSING
AS TEMPORARY EMERGENCY HOUSING; PROVIDING FOR
SEVERABILITY AND REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; AMENDING AND/OR ADDING
FOR CONSISTENCY PURPOSES RELATED PROVISIONS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES
WHEREAS, the Monroe County Board of County Commissioners (BOCC), after
public hearing(s), has reviewed and considered the proposed amendments to the Land
Development Regulations (LDRs), comments of the public, recommendations of the
Planning Commission, the Development Review Committee and recommendations of
staff and the Workforce Housing Task Force and its counsel, and other matters; and
WHEREAS, the BOCC hereby makes the following Findings of Fact:
1. Unincorporated Monroe County suffered signi icant property darnage in
2005, particularly due to the storm surge from Hurricane Wilma.
2. Pursuant to F.S. 252.36, the Governor executed Executive Order 05-219,
declaring a state of emergency in Florida.
3. Said declaration of emergency specifically invoked F.S. 252.46(1),
authorizing political subdivisions to make such orders and rules necessary for emergency
management purposes; and on Nlovember 16, 2005, Monroe County adopted Ordinance
No. 32-2005 establishing Section 9.5-227 relating to emergency temporary housing,
which ordinance as an emergency measure is set to expire on September 5, 2006,
4. The termination of the 2006 States of Local Emergency and the continued
need for emergency temporary housing during the extended local recovery from
Hurricane Wilma requires the BOCC to amend and replace the previously adopted
interim development regulations with permanent provisions adopted pursuant to Chapter
Fmcfgcnci}cousins xx-2006 V),doc7r"51200i 9:44:19 AM
Page ] of 9
163, F.S., to, among other things, deal with critical airport construction worker housing
and the possible future need for emergency housing authority.
5. Citizens of Monroe County are still recovering from Hurricane Wilma
effects and the threat of severe tropical weather in any given year requires that an
emergency housing ordinance be adopted to permanently address, among other things,
authority to maintain temporary RVs supplied by FEMA.
6. F.S. 252.311 and 252.38, respectively, mandate the development of
emergency preparedness, response, recovery and mitigation capabilities as an important
state interest and establish that safeguarding the life and property of the County's citizens
through development of emergency management plans and programs, including those
planning for emergency housing needs as set forth herein, is an innate responsibility of
the BQCC.
7. F.S. 380.0552(7), Principles of Guiding Development, subsection (k),
mandates the provision of adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a post -disaster
reconstruction plan.
8. Monroe County is currently proceeding with substantial construction of
safety and capacity improvements at the County's airports, which airports are critical
emergency preparedness components both for hurricane evacuations and post -storm
recovery efforts.
9. Contractors now working on airport safety and capacity improvements
must stage their temporary work crews from the Florida mainland and are experiencing
severe difficulty in finding temporary housing for their crews.
10. The County has determined that delays in completing airport safety and
capacity improvements are likely without contractors' staking of temporary RVs, trailers
and other transient worker lodging facilities on airport property, and the County deems
that any such delays will constitute a potentially grave public danger.
IL The County has determined that airport safety and capacity improvements
at both Key West International Airport and Marathon Airport proceed without any
avoidable delay.
12. Following the experience with Hurricane Wilma, the County has
determined that delays in completing cleanup and reconstruction in the days and months
immediately following hurricanes and tropical storms are likely, and any delays will
exacerbate recovery eflorts without permanent regulatory authorization in place to permit
staging of temporary transient worker lodging facilities following a natural or manmade
disaster.
13. Obbjective 501.9 of the Comprehensive Plan requires that Monroe County
1--mergenev HouOig tY-2006 O.doc7lii2006 9:44: t l AM
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be prepared to meet emergencies and rapidly changing circumstances in the Caribbean
and the Gulf of Mexico.
14. Policy 501.9.1 of the Comprehensive Plan requires Monroe County to
adopt Land Development Regulations containing provisions for permitting development
of aviation facilities during emergencies.
15, Goal 501 of the Comprehensive Plan requires that Monroe County
provide aviation facilities to all existing and future residents and guests in a manner that
maximizes safety, convenience, economic benefit, environmental compatibility and
consistency with other elements of the Comprehensive Plan.
16. Goal 216 of the Comprehensive Plan requires that Monroe County
provide for hurricane evacuation, shelters and refines, and communication capabilities to
promote safeguarding of the public against the effects of hurricanes and tropical storms.
17, The County is currently in the process of amending its Comprehensive
Plan and Land Development Regulations to address a broad range of affordable and
employee housing; issues, which Comprehensive Plan and regulation amendments the
County plans to integrate with these permanent emergency housing; regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding; findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section I. Section 9.5-227, Monroe County Code, is hereby adopted to supercede
interim Section 9.5-227 in its entirety to read as follows:
Sec. 9.5-227. Temporary Emergency Housing
(a) Purpose: It is the purpose of this section to provide regulations that allow
for the relaxation of the use prohibitions in Article VII, Division 2 of this chapter to (1)
allow temporary emergency housing during the recovery period from a natural or
manmade disaster, including but not limited to hurricanes and tropical storms, (2) avoid
delay in completing; ongoing or future airport safety and capacity improvements, and (3)
provide regulatory authority for placement of emergency temporary housing flor workers
responding to recovery and reconstruction efforts following natural or manmade disasters
which are lawfully declared emergencies by any federal, state or local governmental
emergency declaration authority.
(b) De
,finiflons,- As used in this ordinance, the following terms shall have the
definitions provided, unless the context clearly provides otherwise:
(1) Recreation vehicles shall be as defined in Sec. 320.01, Florida
Statutes.
EEmcrgencv I lonsing xx-201)6 0.doc7f5i2#)06 9:44 19 AM
'age 3 of 9
(2) Temporary emergency housing shall mean "recreational vehicles"
(or similar approved sheltering units) used for temporary occupancy in
response to natural or manmade disasters, including but not limited to
hurricanes and tropical storms, where such recreational vehicles or similar
units are provided to residents as part of emergency relief efforts.
(c) Placement of single RVs (or similar sheltering units) for lem])orary
emergency housing on single family lets: Notwithstanding the provisions of this chapter,
recreational vehicles (or similar approved sheltering units) may be placed on a single
family lot for temporary occupancy by tenants displaced by natural or manmade disaster
damage to the lawfully -established dwelling unit on the lot subject to the following
conditions:
(1) The dwelling has incurred sufficient damage to make the dwelling
uninhabitable as determined by photographic evidence provided by the
applicant or an inspection by an official from a federal or state
governmental relief agency, the county building department or code
enforcement department;
(2) A building permit is issued for repair of damages caused by the
casualty event to make the residential structure habitable no fewer than
ninety (90) days from placement of the RV (or similar sheltering unit) on
the property;
(3) Placement of the RV (or similar sheltering unit) shall require a no -
fee building permit, linked to the building permit issued for casualty
damage repair, that shall require, prior to its issuance, approval by the
building official of its siting; location on the lot and a Department of
Health permit authorizing the connection of the RV (or similar sheltering
unit) to an on -site wastewater treatment and disposal system or to an
existing community wastewater treatment system;
(4) The size of the RV (or similar sheltering; unit) to be placed on the
lot shall be limited to eight (8) feet in width and thirty-two (32) feet in
length, if lacking self -propulsion, and eight (8) feet in. width and forty-two
(42) feet in length, if self-propelled;
(5) The RV (or similar sheltering unit) shall remain on the property for
a period not to exceed 180 days :from the date of permit issuance or until
the final inspection or certificate of occupancy is issued on the repairs
made to the residential dwelling, whichever comes later, but in no case
more than 180 days from the date of permit issuance without a written
extension from the county building; official or his representative not to
exceed an additional 180 days based upon the building official or his
representative's determination that good cause has been shown for the
need for an extension and that the RV (or similar sheltering emit) is
Ern€mmw, 1lousin,, xx-7006 v9.duc7/ )/2006 9:44:19 AM
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adequately tied down and secured so as not to present an undue hazard to
persons or property in a high -wind or flood event. However, nothing in
this section shall prevent the County or any state or federal authority to
terminate without notice the: authority to keep any RVs (or similar
sheltering, units) otherwise authorized under this section should it be
deemed required for the public safety.
(d) Placement cif RVs (err similar sheltering units) .for temporary emergency
housing on non-residential properties: Notwithstanding the provisions of this chapter,
one (1) or more RVs (or similar sheltering; units) may be temporarily placed by permit on
properties in non-residential land use districts and on publicly -owned lands, excluding
lands designated for conservation and resource protection, to house County residents
displaced by natural or manmade disaster or casualty event and/or disaster recovery
workers. The size of the RVs (or similar sheltering units) to be temporarily placed shall
be in accordance with (c)(4), above. Permitting approval. of the temporary placement of
RVs (or similar sheltering units) shall require submittal of a no -fee permit application to
the building department to be approved by the building official, including a site plan
pursuant to requirements established by the building official. Upon final inspection by
the building official of the temporary construction granted by said permit, authorization
for the occupancy of the property for temporary emergency housing shall not exceed 180
days from the date of the Baal inspection without a written extension from the county
building, official or his representative not to exceed an additional 180 days based upon the
building official or his representative's determination that good cause has been shown for
the need for the extension and that the RV (or similar sheltering; unit) is adequately tied
down and secured so as not to present an undue hazard to persons or property in a high -
wind or flood event. However, nothing in this section shall prevent the County or any
state or federal authority to terminate without notice the authority to keep any RVs (or
similar sheltering units) otherwise authorized under this section should it be deemed
required for the public safety.
(e) Placement of single R t's, trailers and other temporary dwelling structures
(together „temporary airport construction housing f icilities ").foie temporary emergency
contractor housing can County airport properties: Notwithstanding; the provisions of this
chapter, recreational. vehicles, trailers and other temporary dwelling structures may be
placed on Monroe County airport properties for temporary occupancy by contractors
completing airport safety and capacity improvements subject to the following conditions:
(1) Placement of temporary airport construction housing facilities
must not impede or interfere with aviation operations or safety and must
conform to any applicable FAA regulations;
(2) No clearing; or filling of environmentally sensitive lands may occur
as a result of providing temporary airport construction housing facilities:
(3) All temporary airport construction housing facilities shall be
adequately tied down, provide for proper solid waste disposal, and require
Emergency housing xs-2006 V9 dctc�5'4006 9:44:19 AM
Page 5 of 9
a no -fee building permit linked to existing airport construction permits,
that shall require, prior to their issuance, approval by the County building
official of their siting location(s) and Department of Health permits or
authorization for the connection of the temporary airport construction
housing facilities to an on -site wastewater treatment and disposal system
or to an existing community wastewater treatment system;
(4) Temporary airport construction housing facilities shall ensure that
temporary electrical and sewage lines do not constitute an attractive
nuisance to children or homeless persons in the area (i.e., sufficient
temporary fencing may be required by the building official),
(5) Temporary airport construction housing facilities shall remain on
the property for a period not to exceed thirty (30) days from the date of
completion of the related airport construction work, unless extended by
resolution of the BOCC;
(6) The only persons permitted to reside for any period in temporary
airport construction housing facilities are individuals who while in
Monroe County are actually gainfully employed on a fulltime basis in
completing airport safety and capacity improvements at a Monroe County
airport. All residents or occupants of temporary airport construction
housing facilities must be required to timely evacuate in accordance with
local evacuation orders.
(f) Placement of single R F5, trailers and other temporary divelling structures
(together "temporary recovery or reconstruction housing facilities') for temporary
emergency u,,orker housing: Notwithstanding the provisions of this chapter, recreational
vehicles, trailers and other temporary dwelling structures may be placed on public or
private property within Monroe County for temporary occupancy by workers occupied in
response to cleanup and reconstruction efforts following a natural or manmade disaster
subject to the following conditions:
(1) An Emergency Directive or Resolution of the BOCC is issued
authorizing the placement of the temporary recovery or reconstruction
housing facilities;
(2) Placement of temporary recovery or reconstruction housing
facilities must not impede or interfere with other emergency and
recovery operations or public safety;
(3) Temporary recovery or reconstruction housing facilities shall be
adequately tied down and provide for proper solid waste disposal, and
where used to house workers involved in reconstruction activities, shall
require a no -fee building permit linked to the required demolition or
building permits for the related reconstruction activities. Where the
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Page 6 of 9
temporary recovery or reconstruction housing facilities are used to house
workers involved in reconstruction activities, any required demolition or
building permits for the related reconstruction activities must be issued
within ninety (90) days from the placement of the temporary recovery or
reconstruction housings facilities on an approved site. Prior to the issuance
of no -fee building permits for any temporary recovery or reconstruction
housing facilities, the County building official shall approve of the siting
of the facilities and the Department of Health shall permit or otherwise
authorize the connection of the temporary recovery or reconstruction
housing facilities to an on -site wastewater treatment and disposal system
or to an existing community wastewater treatment system;
(4) No clearing or tilling of environmentally sensitive lands may occur
as a result of providing; temporary recovery or reconstruction housing
facilities;
(5) Temporary recovery or reconstruction housing facilities shall
ensure that temporary electrical and sewage lines do not constitute an
attractive nuisance to children or homeless persons in the area (i.e.,
sufficient temporary fencing; may be required by the building official);
(6) Temporary recovery or reconstruction housing facilities shall
remain in place only for the period expressly set forth in the relevant
authorizing; emergency directive or board resolution. However, with
respect to any particular site, the building official may extend the allowed
placement one (1) or more times for a cumulative period not to exceed 180
days, and with respect to one (1) or more, or all permitted sites, the BOCC
may by resolution extend the period of permitted placement as deemed
necessary or expedient to the public good. However, nothing in this
section shall prevent the County or any state or federal authority to
terminate without notice the authority to keep any temporary housing
structures otherwise authorized under this section should it be deemed
required for the public safety;
(7) The only persons permitted to reside for any period in temporary
recovery or reconstruction housing facilities are individuals who while in
Monroe County are actually gainfully employed on a fulltime basis in
completing cleanup and reconstruction efforts following a natural or
manmade disaster. All residents of temporary recovery or reconstruction
Dousing facilities who were not permanent residents of Monroe County
prior to first occupying such housing; facilities must be required to
evacuate in accordance with local evacuation orders. Residents of any
temporary recovery or reconstruction housing facilities who were
permanent residents of Monroe County prior to first occupying such
housing facilities may not remain in temporary recovery or reconstruction.
["memency dousing, xx-2€ 0b v9.doc7 5l2006 9:44:19 AM
Page 7 of 9
housing facilities during any period when a local evacuation order is in
effect.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 3. Conflietine Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any federal or state lawn, rule, code or regulation. the more restrictive shall
apply. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of such conflict.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 3WO5{6)
and (11).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
[THE REMAINDER OF THIS PAGE LEFTINTENTIONALLY BLANK)
Emergency lousing xx-2006 9: 4: i9 rid]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
VED AS TO FO
Emergency 1 Ictusing .xx-2006 v9.do 7 5i-1006 9:44:19 AAA
Page 9 of 9
Jerry Coleman, Esq. JERRY COLEMAN, P.L. Truman Annex
John C. Rockwell, Fsq. 201 Front Street, Suite 203 Building 21 Second. Floor
Ftnail: 'ea r s �iqiiet ley West, Florida 330 0 Tel: 305-292-3095
rt>w C� Il€ �1 [d;1 11 �7t�t(t ni�f (Admitted Florida and New York) Fax: 305-296-6200
MEMORANDUM (STAFF REPORT)
TO: Monroe County Board of County Commissioners
FROM: Jerry Coleman
DATE: July 3, 2006
MEETING DATE: July 19-20, 2006
RE: AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
CHAPTER 9.5 OF THE LAND DEVELOPMENT REGULATIONS,
MODIFYING AND MAKING PERMANENT SECTION 9.5-227,
EMERGENCY TEMPORARY HOUSING; PROVIDING FOR
TEMPORARY PLACEMENT OF RV S, TEMPORARY AIRPORT
CONSTRUCTION HOUSING, AND TEMPORARY RECOVERY
OR RECONSTRUCTION HOUSING; PROVIDING SPECIFIC
STANDARDS AND PROCEDURES FOR APPROVAL OF RVS,
TEMPORARY AIRPORT CONSTRUCTION HOUSING AND
TEMPORARY RECOVERY OR RECONSTRUCTION HOUSING
AS TEMPORARY EMERGENCY HOUSING
1. BACKGROUND
This memorandum/staff report addresses the proposed ordinance scheduled to be presented to the
BOCC at its regularly scheduled meeting on July 19-20, 2006 in Key West. These amendments
proposed as modified emergency regulations were tabled by the BOCC at the County Attorney's
suggestion at the BOCC's May 17, 2005 regularly scheduled meeting in Key Largo. During a
regularly scheduled meeting held on June 1.3, 2006, the Development Review Committee
recommended approval of the proposed amendments to the Planning Commission. During a
regularly scheduled meeting held on Jane 28, 2006, the Planning Commission recommended
approval of the proposed amendments to the BOCC. These are now being proposed as
permanent Land Development Regulations to address emergency housing scenarios and urgent
current airport upgrades.
The proposed amendments will allow for several things in light of hurricanes and other severe
weather or manmade disaster events which cause damage to housing, displacement of residents
and the need to provide temporary housing for relief workers and contractors responding to
recovery and reconstruction efforts in a disaster aftermath.
The County has found post -Wilma trailer sheltering of permanent residents to be analogous to
the emergency temporary housing situation faced by the County's subcontractors now working to
complete critical airport renovations. Many permanent residents are at this very time residing in
1=EMA-supplied emergency trailers, and these trailers are in many cases stationed on properties
with existing dwelling units that are under repair. To our knowledge no dwelling unit allocations
have been received for these temporary dwellings, and in our opinion none are needed given the
facts. It is our legal opinion that locating and use of FEMA trailers throughout the County
neither violates nor even implicates our rate -of -growth or other land development regulations, so
long as the subject trailers are intended to be, and in the end are, temporary dwellings brought in
for use in response to a bona fide emergency.
Subsections (c) and (d) of the proposed ordinance will replace Ordinance No. 32-2005, which
was adopted as an emergency measure by the 13OCC on November lb, 2005 and which is set to
expire on September 5, 2006. It now permanently provides for placement of single recreational
vehicles or similar sheltering units for temporary emergency housing, (RVs) on single family lots
for occupancy by residents displaced by disaster damage to the corresponding lawfully
established dwelling unit subject to the following:
• The dwelling unit on the lot has been rendered uninhabitable by disaster damage as
determined by photographic evidence or official inspection;
A building permit is applied for and issued for repair of the damages within 90 days from
placement of the RV on the property;
E Placement of the RV shall require a no -fee building permit approving the RV placement
location and a Department of Health permit authorizing the connection of the RV to either
an on -site wastewater treatment and disposal system or an existing community wastewater
treatment system;
• The size of the RV may not exceed 8 feet in width and 32 feet in length if lacking self
propulsion and, if self propelled, the RV may not exceed 8 feet in width and 42 feet in
length; and
• The RV shall remain on the property for a period not to exceed the earlier of 180 days from
the date of permit issuance or the date the final inspection or certificate of occupancy is
issued on the repairs made to the damaged residential dwelling (with provisions for
extensions in certain circumstances).
In light of the small size of many residential. lots and narrow streets in many areas of the Keys
which may, inhibit placement of RVs on residential lots, the ordinance provides for placement of
RVs for temporary emergency housing on non-residential properties in non-residential land use
districts and on publicly -owned lands (excluding lands designated for conservation and resource
protection) to house County residents similarly displaced and/or to house disaster recovery
7
workers.. subject to the following conditions:
• The size of the RVs (or similar sheltering units) to be temporarily placed shall be in
accordance with the above size restrictions ( subsection (c)(4) of the ordinance);
• Permitting approval of the temporary placement of RVs (or similar sheltering units) shall.
require submittal of a no -fee permit application to the building department to be approved
by the building official, including a site plan pursuant to requirements established by the
building official; and
• Upon final inspection by the building; official of the temporary construction granted by the
permit, authorization for the occupancy of the property for temporary emergency housing
shall not exceed 180 days from the date of the final inspection without a written extension
from the county building official or his representative not to exceed an additional 180 days
based upon the building official or his representative's determination that good cause has
been shovvn for the need for the extension and that the RV (or similar sheltering unit) is
adequately tieddown and secured so as not to present an undue hazard to persons or
property in a high -wind or flood event.
The proposed amendments allow for placement of R.Vs, trailers and other temporary dwelling
structures for temporary emergency contractor housing on County airport properties.
While subcontractors might normally find housing for their construction and other temporary
employees available in the local housing, "market,,' our market is not a normal one due to
numerous factors including;, but not limited to, the loss of available workforce housing generally
(even for permanent resident workers) and the devastating housing problems arising; from and
relating to Hurricane Wilma.
The County's subcontractors have found the housing shortage so acute that it is impairing their
ability to repair and upgrade critical County transportation infrastructure; namely, our airports.
Airport upgrading simply cannot be safely or economically delayed. Our airports not only serve
as a vital element of our tourism -based economy, but as an absolutely mission -critical component
of the County's hurricane evacuation and recovery response obligations. These facilities must be
upgraded according to current plans, and the undersigned has found nothing in the
Comprehensive Plan or the land Development Regulations that would prohibit temporary trailer -
type housing; for airport subcontractor wormers, provided that all such housing meets the
following conditions:
• Placement of temporary housing facilities must not impede or interfere
with aviation operations and safety and care shall be taken to conform to
any applicable FAA regulations (as to which no opinion with respect to
conformity is herein provided). including lighting and electronic
transmissions;
• No clearing or filling of environmentally sensitive lands may occur as a
J
result of providing the temporary housing,
• All temporary housing facilities temporarily positioned on the property
during this emergency situation shall be adequately tied down and proper
Dandling and disposal of sewage and solid waste shall be assured (along
with measures taken to avoid negative storm water impacts)-,
• Temporary emergency housing; shall ensure that temporary electrical and
sewage lines do not constitute an attractive nuisance to children or
homeless persons in the area (i.e., sufficient temporary fencing might be
in order — again with minimal environmental impacts);
• Temporary airport construction housing facilities shall remain on the
property for a period not exceeding; 30 days from the date of completion
of the related airport construction work (unless extended by BOCC
resolution); and
• All temporary residents of any such facilities must, while occupying; the
facilities, be gainfully employed on a full time basis in Monroe County
completing; safety and capacity improvements at a Monroe County
airport and are required to timely evacuate in accordance with local.
evacuation orders.
Subsection (f) of the proposed ordinance is more general in nature, and is designed to address
scenarios where major damage to structures and facilities other than homes occurs. It generally
allows placement of RVs, trailers and other temporary dwelling; structures for temporary
emergency worker housing on public or private property within Monroe County for temporary
occupancy by workers occupied in response to cleanup and reconstruction efforts following; a
natural or manmade disaster subject to the following conditions:
• An Emergency Directive or Resolution of the BOCC is issued authorizing the placement
of the temporary recovery or reconstruction housing facilities;
• Placement of temporary recovery or reconstruction housing; facilities must not impede or
interfere with other emergency and recovery operations or public safety;
• Temporary recovery or reconstruction housing; facilities shall be adequately tied down
and provide for proper solid waste disposal, and where used to house workers involved in
reconstruction activities, shall require a no -fee building permit linked to the required
demolition or building permits for the related reconstruction activities. Where the
temporary recovery or reconstruction housing facilities are used to house workers
involved in reconstruction activities, any required demolition or building permits for the
related reconstruction activities must be issued within 90 days from the placement of the
temporary recovery or reconstruction housing facilities on an approved site. Prior to the
issuance of no -fee building permits for any temporary recovery or reconstruction housing
4
facilities, the County building official shall approve of the siting of the facilities and the
Department of Health shall permit or otherwise authorize the connection of the temporary
recovery or reconstruction housing facilities to an on -site wastewater treatment and
disposal system or to an existing community wastewater treatment system.;
• No clearing or filling of environmentally sensitive lands may occur as a result of
providing temporary recovery or reconstruction housing facilities;
• Temporary recovery or reconstruction housing facilities shall ensure that temporary
electrical and sewage lines do not constitute an attractive nuisance to children or
homeless persons in. the area (i.e., sufficient temporary fencing may be required by the
building official);
• Temporary recovery or reconstruction housing facilities shall remain in place only for the
period expressly set forth in the relevant authorizing emergency directive or board
resolution. However, with respect to any particular site, the building official may extend
the allowed placement under certain circumstances; and
• The only persons permitted to reside for any period in temporary recovery, or
reconstruction housing facilities are individuals who while occupying the facilities are
actually gainfully employed on. a fulltime basis in Monroe County in completing cleanup
and reconstruction efforts following a natural or manmade disaster. All residents of
temporary recovery or reconstruction housing facilities who were not permanent residents
of Monroe County prior to first occupying such housing facilities must be required to
evacuate in accordance with local evacuation orders. Residents of any temporary recovery
or reconstruction housing facilities who were permanent residents of Monroe County
prior to first occupying such housing facilities may not remain in temporary recovery or
reconstruction housing facilities during any period when a local evacuation order is in
effect.
II. SUMMARY
The ordinance proposes to amend and make permanent Sec. 9.5-227 to:
1. Allow for placement of single recreational vehicles or similar sheltering units for
temporary emergency housing on single family lots for occupancy by County residents displaced
by disaster damage;
2. Allow for placement of recreational vehicles for temporary emergency housing on non-
residential properties in non-residential land use districts and on publicly -owned lands for
occupancy by displaced County residents andJar disaster recovery workers,
3. provide for temporary housing for subcontractor personnel on County airport properties
(e.g., FEMA-type or other trailer facilities) during bona fide emergency periods;
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4. Allow for placement of RVs, trailers and other temporary dwelling structures for
temporary emergency worker housing on public or private property within the County for
temporary occupancy by workers occupied in response to cleanup and reconstruction efforts
following a disaster; and
5. Provide for specific standards and procedures for approval of RVs, trailers and similar
temporary dwelling structures and temporary airport construction housing.
Ill. FINDINGS OF FACT
1. Staff finds the amendments to be consistent with the goals, objectives and policies of the
Monroe County Year 2010 Comprehensive Plan.
2. Particularly, Staff finds the amendments to be consistent with Goal 216 and Goal 501 of
the 2010 Comprehensive Plan, as fully set forth in the preamble to the attached ordinance.
3. Staff Minds the amendments to be consistent with Policy 501.9.1, as well as Objective
501.9, as fully set forth in the preamble to the attached ordinance.
4. Staff finds the proposed amendments to be consistent with F.S. § 252,311 and § 252,38,
as set forth in the preamble to the attached ordinance.
5. Staff finds the amendments to be consistent with F.A.C. Chapters 9J-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
IV. PROPOSED TEXT CHANGE
Please see attached ordinance.
V. RECOMMENDED ACTION
Based on the Findings of Fact and the recommendations of Workforce Housing Task Force and
its counsel's recommendations and BOCC request, Staff and the Development Review
Committee, the Planning Commission recommends that the BOCC recommend APPROVAL of
the proposed text changes to Section 9.5-227 of the Monroe County land Development
Regulations.
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