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Item Q03 Q3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting September 11, 2024 Agenda Item Number: Q3 2023-2897 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing to Consider a Request for the Monroe County Board of County Commissioners (BOCC) to Approve a Resolution Transmitting to the State Land Planning Agency an Ordinance, by the Monroe County BOCC, Proposing to Amend the Monroe County Comprehensive Plan to Newly Create Goal 113, Objective 113.1, and Site Specific Subarea Policy 113.1.1, So As to Newly Create a Tavernier Workforce Housing Subarea 1, Which Involves Text Changes to the Adopted Policies of Monroe Countys Comprehensive Plan Which Limit Disposition of Early Evacuation Unit Allocations to a 1-for-1 Exchange Program for Banking Into the Countys Administrative Relief Pool for Takings and Bert Harris Act Liability Reduction Countywide, In Order To Allow for 86 Early Evacuation Unit Allocations to Be Awarded for Development Without Requiring In Return an Equal Number of Affordable ROGO Allocations To Be Banked Into the Countys Administrative Relief Pool In Compliance with the Operative Comprehensive Plans Existing Policies Establishing the Adopted 1-for- 1 Exchange Program for Countywide Takings and Harris Act Liability Reduction, as Requested by Cemex Construction Materials, Florida, LLC, f/k/a Singletary Concrete Products Inc., LLC. ITEM BACKGROUND: Refer to Staff Memorandum for Item Background. PREVIOUS RELEVANT BOCC ACTION: Refer to Staff Memorandum for Previous Relevant BOCC Action. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Under the current adopted regulations in place, approved pursuant to BOCC Ordinance No. 005-2021, including Monroe County Comprehensive Plan Policy 101.3.12(a), and without any official direction at this time from the Board of County Commissioners (BOCC) to change policy course, the Applicants' proposed amendment that would allow for them to engage in development using 86 Early Evacuation Unit ROGO Allocations without complying with the operative takings and Harris Act mitigation reduction requirement to return an equal number of affordable ROGO allocations to the County in conformity with the established 1-for-1 exchange program would not be consistent with the adopted Comprehensive Plan. Professional staff acknowledges that, therefore, the professional staff recommendation should accordingly be denial. This said, Planning & Environmental Resources Department professional staff also acknowledge that the following is materially relevant: • Professional staff agree with the Applicants' assertion that housing stock in Monroe County offers inadequate affordable housing—this is true and accurate and is an issue in Monroe County, and these 86 Early Evacuation Unit ROGO Allocations are developable for workforce housing only. • In 2020-21 the unincorporated County had a balance of affordable housing ROGO allocations in excess of those requested for development projects at that time. At this time the unincorporated County has approximately two (2) affordable ROGO allocations remaining, accounting for existing affordable ROGO reservations approved by the BOCC and for building permit applications currently in process. • As of this professional staff report's date, none of the 300 workforce housing early evacuation unit building permit allocations have been exchanged, and, therefore, no affordable allocations have been added to the Administrative Relief Pool to resolve takings and Harris Act claims pursuant to this policy. If the Board of County Commissioners (`BOCC") approves direction to Planning & Environmental Resources Department professional staff to change course to allow utilization of these 86 Early Evacuation Unit ROGO Allocations without the required 1-for-1 takings and Harris Act liability reduction exchange, Department professional staff would recommend approval WITH STAFF- RECOMMENDED EDITS to the Monroe County Comprehensive Plan to establish Goal 113, Objective 113.1, and the site-specific subarea Policy 113.1.1 ("Tavernier Workforce Housing Subarea 1" DOCUMENTATION: Exhibit A. to Draft Ord..pdf Draft Ord..pdf BOCC Reso..pdf Prof. Staff Report.pdf 2023-205 Public Comment.pdf FINANCIAL IMPACT: N/A EXHIBIT A . A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State Road 4-A, and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County, Florida and being more particularly described as follows: BEGINNING at the Northwesterly corner of said Lot 6, P.B. 1, P. 64 on the Easterly right of way line of Old State Road 4-A; thence run N. 88°58'07" E. along the North line of Lot 6 for a distance of 1256.84 feet to the Northeast corner of Lot 6; thence run S. 02°34'13" E. along the East line of Lot 6 for a distance of 641.37 feet to the Southeast corner of Lot 6; thence run S. 89°19'34" W. along the South line of Lot 6 for a distance of 673.07 feet; thence run N. 00°02'56" W. for a distance of 531.01 feet; thence run N. 89°58'46" W. for a distance of 627.63 feet to a point on the Easterly right of way line of Old State Road 4-A; thence run N. 09°24'42" E. along said Easterly right of way line for a distance of 96.08 feet back to the POINT OF BEGINNING. -n {r 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2024 9 10 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE 11 COUNTY COMPREHENSIVE PLAN TO NEWLY CREATE GOAL 113, 12 OBJECTIVE 113.1, AND SITE SPECIFIC SUB-AREA 1 ("TAVERNIER 13 WORKFORCE HOUSING SUBAREA 1"), APPLICABLE TO A 14 PORTION OF PROPERTY LOCATED AT 92501 OVERSEAS 15 HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 92.5, 16 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 17 00089490-000000, WHICH INCLUDES TEXT CHANGES TO THE 18 ADOPTED POLICIES OF MONROE COUNTY'S COMPREHENSIVE 19 PLAN WHICH LIMIT DISPOSITION OF EARLY EVACUATION UNIT 20 ALLOCATIONS TO A 1-FOR-1 EXCHANGE PROGRAM FOR 21 BANKING INTO THE COUNTY'S ADMINISTRATIVE RELIEF POOL 22 FOR TAKINGS AND BERT HARRIS ACT LIABILITY REDUCTION 23 COUNTYWIDE, UPON A REQUEST FROM CEMEX CONSTRUCTION 24 MATERIALS, FLORIDA, LLC F/K/A SINGLETARY CONCRETE 25 PRODUCTS, INC.; PROVIDING FOR SEVERABILITY; PROVIDING 26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND 28 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO 29 THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN 30 EFFECTIVE DATE.' 31 32 WHEREAS, on or about September 1, 2023, the Monroe County Planning and Environmental 33 Resources Department ("Planning Department" or the "Department") received an application from 34 Smith/Hawks P.L. (the "Agent") representing and on behalf of Singletary Concrete Products, Inc., and 35 Cemex Construction Materials Florida, LLC ("Applicants" or the "Property Owners"), requesting for 36 Monroe County Board of County Commissioners ("BOCC", "Monroe County", or the "County") 37 approval of an amendment to the Monroe County Comprehensive Plan to newly create Goal 113, to 38 newly create Objective 113.1, and to newly create the site-specific subarea Policy 113.1.1 ("Tavernier 39 Workforce Housing Subarea I") on a portion of property located at 92501 Overseas Highway, Tavernier 40 having Parcel Identification Number 00089490-000000 ("subject property" or the "Property"). The 41 Planning Department later received amended and restated applications from the Agent on November 21, 42 2023, February 28, 2024, May 6, 2024, and July 31, 2024; and 43 44 WHEREAS, on March 13, 2024, a Concept Meeting was held in accordance with Monroe 45 County Land Development Code ("LDC") Sections 102-158(d)(3) and 102-159(b)(1), and it was 46 determined that the proposed text amendment to the Monroe County 2030 Comprehensive Plan 47 ("Monroe County Comprehensive Plan") shall have a County-Wide Impact; and 'Monroe County Planning&Environmental Resources Department File No.2023-205. 1 of 7 I WHEREAS, on March 15, 2024, the Monroe County Planning & Environmental Resources 2 Department issued a written memorandum memorializing the Planning Department's determination that 3 the Property Owners' Comprehensive Plan text amendment application requested for BOCC approval 4 shall have a County-Wide Impact to Bart Smith, Esq., the Agent's counsel representing the Property 5 Owners; and 6 7 WHEREAS, on April 17, 2024, a public BOCC Impact Meeting was held in which professional 8 staff restated that the Comprehensive Plan text amendment application requested for BOCC approval 9 shall have county-wide impacts and in conformance with LDC Section 102-159(b)(2)the BOCC had the 10 opportunity to offer its initial opinions and the public had the opportunity to offer public input on the 11 requested amendment; and 12 13 WHEREAS, on May 20, 2024, a Community Meeting was held, as required by LDC Section 14 102-159(b)(3), to discuss this requested Comprehensive Plan text amendment and to provide for public 15 participation; and 16 17 WHEREAS, on July 22, 2024, the Monroe County Development Review Committee ("DRC") 18 reviewed and considered the Applicants' submitted text amendment at a regularly scheduled DRC 19 meeting; and 20 21 WHEREAS, the June 24, 2024-dated Department professional staff memorandum prepared for 22 and associated with the July 22, 2024-dated DRC meeting, completed by Planning & Development 23 Review Manager Devin Tolpin, A.LC.P.,' CT M.,3 and Planning Policy Advisor Barbara Powell, 24 recommended denial of that proposed amendment to the text of the Comprehensive Plan; and 25 26 WHEREAS, on July 22, 2024, the Chair of the DRC signed DRC Resolution No. 05-24, 27 recommending denial of that proposed amendment to the text of the Comprehensive Plan; and 28 29 WHEREAS, on July 31, 2024, the Applicant submitted changed/revised text amendment 30 language to be included within its proposed Comprehensive Plan text amendment; and 31 32 WHEREAS, the August 7, 2024-dated Department professional staff memorandum completed 33 by Planning & Development Review Manager Devin Tolpin, A.LC.P., C.F.M., and Planning Policy 34 Advisor Barbara Powell acknowledges that under the current/established policy direction of the Monroe 35 County Board of County Commissioners,professional staff should recommend denial of this requested 36 Comprehensive Plan text amendment,with the proviso that if the Board of County Commissioners gives 37 new direction to Monroe County Planning &Environmental Resources Department professional staff to 38 alter/change course and instead allow utilization of the subject 86 Early Evacuation Unit ROGO 39 Allocations without the required 1-for-1 takings and Bert Harris Act liability reduction exchange, the 40 Department professional staff would then recommend approval of this requested Comprehensive Plan 41 text amendment with/including Department professional staff-recommended edits; and 42 43 WHEREAS,the Monroe County Planning Commission("Planning Commission" or"PC")held 44 a public hearing on August 28,2024,for review and recommendation of the subject Comprehensive Plan 45 text amendment; and American Institute of Certified Planners(A.LC.P.)certification. 3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of7 I WHEREAS, on August 28, 2024, the Monroe County Planning Commission adopted PC 2 Resolution No. P15-24, in which the Planning Commission acknowledged that under the BOCC's 3 current/present policy direction, the Planning Commission should recommend BOCC denial of the 4 proposed amendment, with the same proviso that if the Board of County Commissioners gives new 5 direction to Monroe County Planning & Environmental Resources Department professional staff to 6 change course and instead allow utilization of the subject 86 Early Evacuation Unit ROGO Allocations 7 without the required 1-for-1 takings and Bert Harris Act liability reduction exchange, the Planning 8 Commission would then recommend approval of this requested Comprehensive Plan text amendment 9 with/including Department professional-staff recommended edits and elimination of 2aii; and 10 11 WHEREAS, at a regularly scheduled meeting held on September 11, 2024, the BOCC held a 12 duly noticed public hearing, considered the Department's professional staff report and recommendation 13 accompanying this requested Comprehensive Plan text amendment, and provided for public comment 14 and public participation in accordance with the requirements of state law and the procedures adopted for 15 public participation in the planning process; and 16 17 WHEREAS, at the BOCC's September 11, 2024, public hearing, the Board of County 18 Commissioners adopted BOCC Resolution No. -2024 transmitting the proposed text amendment to 19 the State Land Planning Agency; and 20 21 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 22 Objections, Recommendations and Comments ("ORC") report, received by the County on 23 ; and 24 25 WHEREAS, the ORC report did/did not identify any objections to the proposed amendment; 26 and 27 28 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to adopt 29 the text amendment, adopt the text amendment with changes, or not adopt the text amendment; and 30 31 WHEREAS, at a regularly scheduled meeting on the BOCC held a 32 public hearing to consider adoption of the Comprehensive Plan text amendment; and 33 34 WHEREAS, based upon the documentation submitted and information provided, including but 35 not limited to the documentation and information furnished in the Department's professional staff report, 36 the BOCC hereby makes the following findings of fact and conclusions of law: 37 38 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe 39 County Year 2030 Comprehensive Plan; and 40 2. The proposed amendment is consistent with the Principles for Guiding Development for the 41 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 42 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 45 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 46 3 of 7 I Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and determinations, 2 including but not limited this ordinance's title, are true and correct, and are hereby 3 incorporated as if fully stated herein. 4 5 Section 2. Quasi-Legislatively Ordained Monroe County BOCC Determination That Laws, 6 Decisions, Interpretations, and Determinations Issued and/or Approved Pursuant 7 to the Monroe County Land Development Code, Monroe County Comprehensive 8 Plan, Florida Statutes Chapter 163, and/or Florida Statutes Chapter 380, Are Not 9 In Derogation of the Common Law and Shall Not Be Interpreted or Construed by 10 Any Administrative Tribunal or Court of Competent Jurisdiction As In Derogation 11 of the Common Law. The Monroe County BOCC hereby quasi-legislatively finds, 12 concludes, and ordains that laws, decisions, interpretations, and/or determinations issued 13 and/or approved pursuant to the Monroe County Land Development Code, Monroe 14 County Comprehensive Plan, Florida Statutes Chapter 163, and/or Florida Statutes 15 Chapter 380, are not in derogation of the common law, and that laws, decisions, 16 interpretations, and/or determinations issued and/or approved pursuant to the Monroe 17 County Land Development Code, Monroe County Comprehensive Plan, Florida Statutes 18 Chapter 163, and/or Florida Statutes Chapter 380, shall not be interpreted or construed 19 by any administrative tribunal or court of competent jurisdiction as in derogation of the 20 common law. 21 22 Section 3. The text of the Monroe County Comprehensive Plan is hereby amended as follows 23 (Deletions are shown sue; additions are shown underlined): 24 25 ***** 26 GOAL 113 27 Monroe County shall manage future growth to enhance the duality of life and safety of County residents 28 and to prioritize the provision of workforce housing that is safe, code compliant, and resilient. To 29 incentivize the sUply and address the inadequate availability of workforce housing near Upper Keys 30 employment centers,the County shall provide for the development of site-specific land use mechanisms; 31 and the allocation of workforce housing _early evacuation building permit allocations pearly evacuation building allocations pursuant to the 32 Workforce-Affordable Housing Initiative from Monroe County. 33 Obiective 113.1 34 Monroe County shall create site-specific subareas located in Tavernier which permit the allocation of 35 workforce housing _early evacuation building permit allocations pearly evacuation building permit allocations pursuant to the Workforce-Affordable 36 Housing Initiative-to facilitate the development of workforce housing in suitable areas located in close 37 proximity to Upper Keys employment centers (Islamorada, Tavernier, and Key Largo). All site-specific 38 subareas located in Tavernier shall require a Policy defining the development restrictions and allowances 39 for the subarea. 40 Policy 113.1.1 Tavernier Workforce Housing Subarea 1 4of7 I The purpose of Tavernier Workforce Housing Subarea 1 is to implement applicable goals, objectives, 2 and policies of the Comprehensive Plan to promote and facilitate development of workforce housing to 3 meet the needs of the Upper Keys and Monroe County. 4 1. Boundary. The Tavernier Workforce Housing Subarea 1 shall consist of a portion of property 5 Parcel Identification Number 00089490-000000, as leery described and depicted on the map 6 below: 7 A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State 8 Road 4-A, and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County, 9 Florida. f xq, rOR lotw v aniw r t a wwa ...., I k „..._., e � �- w. �i.�.,., Jo �r:r- �, uw r6"rr,er ��: uwrnnf ,µ� r Ol d r � W a, Ai 34— "1I tt � �r Chi AGE a �1 a k V ro rem m 9 ww war "�u�e 1 0 m". ., Fwffi w. earn rrn wma d , tiw � w q _ TT ww 10 w 11 2. Rate of Growth Ordinance Allocations. 12 a. Notwithstanding Comprehensive Plan Policies 101.3.12(a) and 101.3.12(k) and LDC 13 Sections 138-24(e)(2)(a)and 138-24(e)(2)(k),the Tavernier Workforce Housing Subarea 14 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of: 15 i. Award of workforce housing early evacuation building permit allocations from 16 Monroe County pursuant to the Workforce-Affordable Housing Initiative, 17 reserved by means of a BOCC resolution. The BOCC may, at its discretion,place 18 conditions on the reservation. 19 ii. Dwelling units that are constructed and/or deed restricted with workforce housing 20 early evacuation building permit allocations are required to evacuate in Phase 1 21 of the 48-hr evacuation of a pending major hurricane,pursuant to Policies 101.3.2, 22 101.3.3 and 101.3.12. 5 of 7 I iii. All workforce housing early evacuation units shall be restricted to rental 2 occupancy for those who derive at least 70% of their income as members of the 3 workforce in Monroe County and who meet the affordable housing income 4 categories of the Monroe County Land Development Code. 5 6 7 Section 4. The Monroe County BOCC hereby ordains that the interpretation of this ordinance and 8 all provisions of the Monroe County Comprehensive Plan,Florida Building Code,Florida 9 Statutes, floodplain management requirements, and Monroe County Codes whose 10 interpretation arises out of, relates to, or is interpreted in connection with this ordinance 11 shall be liberally construed and enforced in favor of the Monroe County BOCC, shall be 12 construed in favor of the Monroe County BOCC, and such interpretation shall be entitled 13 to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on 14 appeal. 15 16 Section 5. Attached Exhibit A. to this ordinance, containing the specific metes-and-bounds 17 description of the subject property, is hereby incorporated as if fully stated herein. 18 19 Section 6. Severability. If any provision of this ordinance, or any part or portion thereof, is held to 20 be invalid or unenforceable by any administrative hearing officer or court of competent 21 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 22 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other 23 provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other 24 provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue 25 unimpaired in full force and effect. 26 27 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are 28 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not 29 repeal the repealing clause of such ordinance or revive any ordinance which has been 30 repealed thereby. 31 32 Section 8. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 33 Agency pursuant to Chapter 163 and 380, Florida Statutes. 34 35 Section 9. Filin2 and Effective Date. This ordinance shall be filed in the Office of the Secretary 36 of State of Florida, but shall not become effective until a notice is issued by the Florida 37 State Land Planning Agency or Administration Commission finding the amendment in 38 compliance with Chapter 163, F.S., and if challenged until such challenge is resolved. 39 40 Section 10. Effective Date. This ordinance shall become effective as provided by law and stated 41 above. 42 43 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, 44 at a regular meeting held on the day of , 20 45 46 Mayor Holly Merrill Raschein 6of7 I Mayor Pro km James K. Scholl 2 Commissioner Craig Cates 3 Commissioner Michelle Lincoln 4 Commissioner David Rice 5 6 7 BOARD OF COUNTY COMMISSIONERS 8 OF MONROE COUNTY, FLORIDA 9 10 By: 11 MAYOR HOLLY MERRILL RASCHEIN 12 13 14 15 (SEAL) 16 ATTEST: KEVIN MADOK, CLERK 17 18 19 By: 20 AS DEPUTY CLERK 7of7 2 � it P Y 3 r� 5 7 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 10 RESOLUTION NO. -2024 11 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING 14 AGENCY AN ORDINANCE APPROVING AN AMENDMENT TO THE 15 MONROE COUNTY COMPREHENSIVE PLAN TO NEWLY CREATE 16 GOAL 113, OBJECTIVE 113.1, AND SITE SPECIFIC SUB-AREA 1 17 ("TAVERNIER WORKFORCE HOUSING SUBAREA 1"), APPLICABLE 18 TO A PORTION OF PROPERTY LOCATED AT 92501 OVERSEAS 19 HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 92.5, 20 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 00089490- 21 000000, WHICH INCLUDES TEXT CHANGES TO THE ADOPTED 22 POLICIES OF MONROE COUNTY'S COMPREHENSIVE PLAN WHICH 23 LIMIT DISPOSITION OF EARLY EVACUATION UNIT ALLOCATIONS 24 TO A 1-FOR-1 EXCHANGE PROGRAM FOR BANKING INTO THE 25 COUNTY'S ADMINISTRATIVE RELIEF POOL FOR TAKINGS AND 26 BERT HARRIS ACT LIABILITY REDUCTION COUNTYWIDE, UPON A 27 REQUEST FROM CEMEX CONSTRUCTION MATERIALS, FLORIDA, 28 LLC F/K/A SINGLETARY CONCRETE PRODUCTS, INC.; PROVIDING 29 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 30 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 31 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 32 FOR AMENDMENT TO THE COMPREHENSIVE PLAN; AND 33 PROVIDING FOR AN EFFECTIVE DATE. 34 35 36 WHEREAS, the Monroe County Board of County Commissioners conducted a public 37 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 38 Process in Section 163.3184(4),Florida Statutes,to the State Land Planning Agency for objections, 39 recommendations and comments, and to the other Reviewing Agencies as defined in Section 40 163.3184(1)(c), Florida Statutes, for review and comment on a proposed amendment to the 41 Monroe County Comprehensive Plan as described above; and 42 43 WHEREAS,the Monroe County Board of County Commissioners supports the transmittal 44 of the requested amendment to the text of the Comprehensive Plan with/including professional- 45 staff recommended edits; 46 1 of 3 47 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 48 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 49 50 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and 51 determinations, including but not limited to this ordinance's title, are true and 52 correct, and are hereby incorproated as if fully stated herein. 53 54 Section 2. The August 29, 2024-dated Monroe County Planning and Environmental 55 Resources Department professional staff report accompanying this September 11, 56 2024-approved BOCC agenda item prepared by Planning & Development Review 57 Manager Devin Tolpin, A.LC.P.,1 C.F.M., and Planning Policy Advisor Barbara 58 Powell, and its analysis and determinations of fact and law,to the extent not plainly 59 inconsistent with this Resolution and the subject draft Ordinance attached as 60 Exhibit 1., is hereby accepted, adopted, and incorporated as if fully stated herein. 61 62 Section 3. The Monroe County Board of County Commissioners hereby approves the 63 transmittal of the subject draft Ordinance attached as Exhibit 1. for review of the 64 subject Monroe County Comprehensive Plan text amendment. 65 66 Section 4. The Monroe County Board of County Commissioners ("BOCC" or "Board") 67 hereby transmits the subject proposed amendment to the State Land Planning 68 Agency for review and comment in accordance with the State Coordinated Review 69 process pursuant to Section 163.3184(4), Florida Statutes. 70 71 Section 5. BOCC professional staff are hereby given authority to prepare and submit the 72 required transmittal letter and supporting documents for the proposed amendment 73 in accordance with the requirements of Section 163.3184(4), Florida Statutes. 74 75 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this 76 resolution to the Senior Director of the Monroe County Planning &Environmental 77 Resources Department. 78 79 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 80 Florida, at a regular meeting held on the 1 lth day of September, 2024. 81 82 Mayor Holly Merrill Raschein 83 Mayor Pro Tem James K. Scholl 84 Commissioner Craig Cates 85 Commissioner Michelle Lincoln 86 Commissioner David Rice 87 88 89 BOARD OF COUNTY COMMISSIONERS 90 OF MONROE COUNTY, FLORIDA American Institute of Certified Planners(A.LC.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of3 91 92 By: 93 MAYOR HOLLY MERRILL RASCHEIN 94 95 (SEAL) A9CBNPOF,COUNTY ATTORNEY 96 97 ATTEST: KEVIN MADOK, CLERK 98 99 100 AS DEPUTY CLERK 3 of 3 EXHIBIT I o -n {r 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2024 9 10 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE 11 COUNTY COMPREHENSIVE PLAN TO NEWLY CREATE GOAL 113, 12 OBJECTIVE 113.1, AND SITE SPECIFIC SUB-AREA 1 ("TAVERNIER 13 WORKFORCE HOUSING SUBAREA 1"), APPLICABLE TO A 14 PORTION OF PROPERTY LOCATED AT 92501 OVERSEAS 15 HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 92.5, 16 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 17 00089490-000000, WHICH INCLUDES TEXT CHANGES TO THE 18 ADOPTED POLICIES OF MONROE COUNTY'S COMPREHENSIVE 19 PLAN WHICH LIMIT DISPOSITION OF EARLY EVACUATION UNIT 20 ALLOCATIONS TO A 1-FOR-1 EXCHANGE PROGRAM FOR 21 BANKING INTO THE COUNTY'S ADMINISTRATIVE RELIEF POOL 22 FOR TAKINGS AND BERT HARRIS ACT LIABILITY REDUCTION 23 COUNTYWIDE, UPON A REQUEST FROM CEMEX CONSTRUCTION 24 MATERIALS, FLORIDA, LLC F/K/A SINGLETARY CONCRETE 25 PRODUCTS, INC.; PROVIDING FOR SEVERABILITY; PROVIDING 26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND 28 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO 29 THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN 30 EFFECTIVE DATE.' 31 32 WHEREAS, on or about September 1, 2023, the Monroe County Planning and Environmental 33 Resources Department ("Planning Department" or the "Department") received an application from 34 Smith/Hawks P.L. (the "Agent") representing and on behalf of Singletary Concrete Products, Inc., and 35 Cemex Construction Materials Florida, LLC ("Applicants" or the "Property Owners"), requesting for 36 Monroe County Board of County Commissioners ("BOCC", "Monroe County", or the "County") 37 approval of an amendment to the Monroe County Comprehensive Plan to newly create Goal 113, to 38 newly create Objective 113.1, and to newly create the site-specific subarea Policy 113.1.1 ("Tavernier 39 Workforce Housing Subarea I") on a portion of property located at 92501 Overseas Highway, Tavernier 40 having Parcel Identification Number 00089490-000000 ("subject property" or the "Property"). The 41 Planning Department later received amended and restated applications from the Agent on November 21, 42 2023, February 28, 2024, May 6, 2024, and July 31, 2024; and 43 44 WHEREAS, on March 13, 2024, a Concept Meeting was held in accordance with Monroe 45 County Land Development Code ("LDC") Sections 102-158(d)(3) and 102-159(b)(1), and it was 46 determined that the proposed text amendment to the Monroe County 2030 Comprehensive Plan 47 ("Monroe County Comprehensive Plan") shall have a County-Wide Impact; and 'Monroe County Planning&Environmental Resources Department File No.2023-205. 1 of 7 I WHEREAS, on March 15, 2024, the Monroe County Planning & Environmental Resources 2 Department issued a written memorandum memorializing the Planning Department's determination that 3 the Property Owners' Comprehensive Plan text amendment application requested for BOCC approval 4 shall have a County-Wide Impact to Bart Smith, Esq., the Agent's counsel representing the Property 5 Owners; and 6 7 WHEREAS, on April 17, 2024, a public BOCC Impact Meeting was held in which professional 8 staff restated that the Comprehensive Plan text amendment application requested for BOCC approval 9 shall have county-wide impacts and in conformance with LDC Section 102-159(b)(2)the BOCC had the 10 opportunity to offer its initial opinions and the public had the opportunity to offer public input on the 11 requested amendment; and 12 13 WHEREAS, on May 20, 2024, a Community Meeting was held, as required by LDC Section 14 102-159(b)(3), to discuss this requested Comprehensive Plan text amendment and to provide for public 15 participation; and 16 17 WHEREAS, on July 22, 2024, the Monroe County Development Review Committee ("DRC") 18 reviewed and considered the Applicants' submitted text amendment at a regularly scheduled DRC 19 meeting; and 20 21 WHEREAS, the June 24, 2024-dated Department professional staff memorandum prepared for 22 and associated with the July 22, 2024-dated DRC meeting, completed by Planning & Development 23 Review Manager Devin Tolpin, A.LC.P.,' CT M.,3 and Planning Policy Advisor Barbara Powell, 24 recommended denial of that proposed amendment to the text of the Comprehensive Plan; and 25 26 WHEREAS, on July 22, 2024, the Chair of the DRC signed DRC Resolution No. 05-24, 27 recommending denial of that proposed amendment to the text of the Comprehensive Plan; and 28 29 WHEREAS, on July 31, 2024, the Applicant submitted changed/revised text amendment 30 language to be included within its proposed Comprehensive Plan text amendment; and 31 32 WHEREAS, the August 7, 2024-dated Department professional staff memorandum completed 33 by Planning & Development Review Manager Devin Tolpin, A.LC.P., C.F.M., and Planning Policy 34 Advisor Barbara Powell acknowledges that under the current/established policy direction of the Monroe 35 County Board of County Commissioners,professional staff should recommend denial of this requested 36 Comprehensive Plan text amendment,with the proviso that if the Board of County Commissioners gives 37 new direction to Monroe County Planning &Environmental Resources Department professional staff to 38 alter/change course and instead allow utilization of the subject 86 Early Evacuation Unit ROGO 39 Allocations without the required 1-for-1 takings and Bert Harris Act liability reduction exchange, the 40 Department professional staff would then recommend approval of this requested Comprehensive Plan 41 text amendment with/including Department professional staff-recommended edits; and 42 43 WHEREAS,the Monroe County Planning Commission("Planning Commission" or"PC")held 44 a public hearing on August 28,2024,for review and recommendation of the subject Comprehensive Plan 45 text amendment; and American Institute of Certified Planners(A.LC.P.)certification. 3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of7 I WHEREAS, on August 28, 2024, the Monroe County Planning Commission adopted PC 2 Resolution No. P15-24, in which the Planning Commission acknowledged that under the BOCC's 3 current/present policy direction, the Planning Commission should recommend BOCC denial of the 4 proposed amendment, with the same proviso that if the Board of County Commissioners gives new 5 direction to Monroe County Planning & Environmental Resources Department professional staff to 6 change course and instead allow utilization of the subject 86 Early Evacuation Unit ROGO Allocations 7 without the required 1-for-1 takings and Bert Harris Act liability reduction exchange, the Planning 8 Commission would then recommend approval of this requested Comprehensive Plan text amendment 9 with/including Department professional-staff recommended edits and elimination of 2aii; and 10 11 WHEREAS, at a regularly scheduled meeting held on September 11, 2024, the BOCC held a 12 duly noticed public hearing, considered the Department's professional staff report and recommendation 13 accompanying this requested Comprehensive Plan text amendment, and provided for public comment 14 and public participation in accordance with the requirements of state law and the procedures adopted for 15 public participation in the planning process; and 16 17 WHEREAS, at the BOCC's September 11, 2024, public hearing, the Board of County 18 Commissioners adopted BOCC Resolution No. -2024 transmitting the proposed text amendment to 19 the State Land Planning Agency; and 20 21 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 22 Objections, Recommendations and Comments ("ORC") report, received by the County on 23 ; and 24 25 WHEREAS, the ORC report did/did not identify any objections to the proposed amendment; 26 and 27 28 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to adopt 29 the text amendment, adopt the text amendment with changes, or not adopt the text amendment; and 30 31 WHEREAS, at a regularly scheduled meeting on the BOCC held a 32 public hearing to consider adoption of the Comprehensive Plan text amendment; and 33 34 WHEREAS, based upon the documentation submitted and information provided, including but 35 not limited to the documentation and information furnished in the Department's professional staff report, 36 the BOCC hereby makes the following findings of fact and conclusions of law: 37 38 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe 39 County Year 2030 Comprehensive Plan; and 40 2. The proposed amendment is consistent with the Principles for Guiding Development for the 41 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 42 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 45 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 46 3 of 7 I Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and determinations, 2 including but not limited this ordinance's title, are true and correct, and are hereby 3 incorporated as if fully stated herein. 4 5 Section 2. Quasi-Legislatively Ordained Monroe County BOCC Determination That Laws, 6 Decisions, Interpretations, and Determinations Issued and/or Approved Pursuant 7 to the Monroe County Land Development Code, Monroe County Comprehensive 8 Plan, Florida Statutes Chapter 163, and/or Florida Statutes Chapter 380, Are Not 9 In Derogation of the Common Law and Shall Not Be Interpreted or Construed by 10 Any Administrative Tribunal or Court of Competent Jurisdiction As In Derogation 11 of the Common Law. The Monroe County BOCC hereby quasi-legislatively finds, 12 concludes, and ordains that laws, decisions, interpretations, and/or determinations issued 13 and/or approved pursuant to the Monroe County Land Development Code, Monroe 14 County Comprehensive Plan, Florida Statutes Chapter 163, and/or Florida Statutes 15 Chapter 380, are not in derogation of the common law, and that laws, decisions, 16 interpretations, and/or determinations issued and/or approved pursuant to the Monroe 17 County Land Development Code, Monroe County Comprehensive Plan, Florida Statutes 18 Chapter 163, and/or Florida Statutes Chapter 380, shall not be interpreted or construed 19 by any administrative tribunal or court of competent jurisdiction as in derogation of the 20 common law. 21 22 Section 3. The text of the Monroe County Comprehensive Plan is hereby amended as follows 23 (Deletions are shown sue; additions are shown underlined): 24 25 ***** 26 GOAL 113 27 Monroe County shall manage future growth to enhance the duality of life and safety of County residents 28 and to prioritize the provision of workforce housing that is safe, code compliant, and resilient. To 29 incentivize the sUply and address the inadequate availability of workforce housing near Upper Keys 30 employment centers,the County shall provide for the development of site-specific land use mechanisms; 31 and the allocation of workforce housing _early evacuation building permit allocations pearly evacuation building allocations pursuant to the 32 Workforce-Affordable Housing Initiative from Monroe County. 33 Obiective 113.1 34 Monroe County shall create site-specific subareas located in Tavernier which permit the allocation of 35 workforce housing _early evacuation building permit allocations pearly evacuation building permit allocations pursuant to the Workforce-Affordable 36 Housing Initiative-to facilitate the development of workforce housing in suitable areas located in close 37 proximity to Upper Keys employment centers (Islamorada, Tavernier, and Key Largo). All site-specific 38 subareas located in Tavernier shall require a Policy defining the development restrictions and allowances 39 for the subarea. 40 Policy 113.1.1 Tavernier Workforce Housing Subarea 1 4of7 I The purpose of Tavernier Workforce Housing Subarea 1 is to implement applicable goals, objectives, 2 and policies of the Comprehensive Plan to promote and facilitate development of workforce housing to 3 meet the needs of the Upper Keys and Monroe County. 4 1. Boundary. The Tavernier Workforce Housing Subarea 1 shall consist of a portion of property 5 Parcel Identification Number 00089490-000000, as leery described and depicted on the map 6 below: 7 A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State 8 Road 4-A, and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County, 9 Florida. f xq, rOR lotw v aniw r t a wwa ...., I k „..._., e � �- w. �i.�.,., Jo �r:r- �, uw r6"rr,er ��: uwrnnf ,µ� r Ol d r � W a, Ai 34— "1I tt � �r Chi AGE a �1 a k V ro rem m 9 ww war "�u�e 1 0 m". ., Fwffi w. earn rrn wma d , tiw � w q _ TT ww 10 w 11 2. Rate of Growth Ordinance Allocations. 12 a. Notwithstanding Comprehensive Plan Policies 101.3.12(a) and 101.3.12(k) and LDC 13 Sections 138-24(e)(2)(a)and 138-24(e)(2)(k),the Tavernier Workforce Housing Subarea 14 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of: 15 i. Award of workforce housing early evacuation building permit allocations from 16 Monroe County pursuant to the Workforce-Affordable Housing Initiative, 17 reserved by means of a BOCC resolution. The BOCC may, at its discretion,place 18 conditions on the reservation. 19 ii. Dwelling units that are constructed and/or deed restricted with workforce housing 20 early evacuation building permit allocations are required to evacuate in Phase 1 21 of the 48-hr evacuation of a pending major hurricane,pursuant to Policies 101.3.2, 22 101.3.3 and 101.3.12. 5 of 7 I iii. All workforce housing early evacuation units shall be restricted to rental 2 occupancy for those who derive at least 70% of their income as members of the 3 workforce in Monroe County and who meet the affordable housing income 4 categories of the Monroe County Land Development Code. 5 6 7 Section 4. The Monroe County BOCC hereby ordains that the interpretation of this ordinance and 8 all provisions of the Monroe County Comprehensive Plan,Florida Building Code,Florida 9 Statutes, floodplain management requirements, and Monroe County Codes whose 10 interpretation arises out of, relates to, or is interpreted in connection with this ordinance 11 shall be liberally construed and enforced in favor of the Monroe County BOCC, shall be 12 construed in favor of the Monroe County BOCC, and such interpretation shall be entitled 13 to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on 14 appeal. 15 16 Section 5. Attached Exhibit A. to this ordinance, containing the specific metes-and-bounds 17 description of the subject property, is hereby incorporated as if fully stated herein. 18 19 Section 6. Severability. If any provision of this ordinance, or any part or portion thereof, is held to 20 be invalid or unenforceable by any administrative hearing officer or court of competent 21 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 22 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other 23 provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other 24 provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue 25 unimpaired in full force and effect. 26 27 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are 28 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not 29 repeal the repealing clause of such ordinance or revive any ordinance which has been 30 repealed thereby. 31 32 Section 8. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 33 Agency pursuant to Chapter 163 and 380, Florida Statutes. 34 35 Section 9. Filin2 and Effective Date. This ordinance shall be filed in the Office of the Secretary 36 of State of Florida, but shall not become effective until a notice is issued by the Florida 37 State Land Planning Agency or Administration Commission finding the amendment in 38 compliance with Chapter 163, F.S., and if challenged until such challenge is resolved. 39 40 Section 10. Effective Date. This ordinance shall become effective as provided by law and stated 41 above. 42 43 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, 44 at a regular meeting held on the day of , 20 45 46 Mayor Holly Merrill Raschein 6of7 I Mayor Pro km James K. Scholl 2 Commissioner Craig Cates 3 Commissioner Michelle Lincoln 4 Commissioner David Rice 5 6 7 BOARD OF COUNTY COMMISSIONERS 8 OF MONROE COUNTY, FLORIDA 9 10 By: 11 MAYOR HOLLY MERRILL RASCHEIN 12 13 14 15 (SEAL) 16 ATTEST: KEVIN MADOK, CLERK 17 18 19 By: 20 AS DEPUTY CLERK 7of7 EXHIBIT A . A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State Road 4-A, and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County, Florida and being more particularly described as follows: BEGINNING at the Northwesterly corner of said Lot 6, P.B. 1, P. 64 on the Easterly right of way line of Old State Road 4-A; thence run N. 88°58'07" E. along the North line of Lot 6 for a distance of 1256.84 feet to the Northeast corner of Lot 6; thence run S. 02°34'13" E. along the East line of Lot 6 for a distance of 641.37 feet to the Southeast corner of Lot 6; thence run S. 89°19'34" W. along the South line of Lot 6 for a distance of 673.07 feet; thence run N. 00°02'56" W. for a distance of 531.01 feet; thence run N. 89°58'46" W. for a distance of 627.63 feet to a point on the Easterly right of way line of Old State Road 4-A; thence run N. 09°24'42" E. along said Easterly right of way line for a distance of 96.08 feet back to the POINT OF BEGINNING. t 2 �w, . 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Emily Schemper, A.LC.P.,i C.F.M., Senior Director, Monroe County Planning & 11 Environmental Resources Department 12 13 From: Devin Tolpin, A.LC.P., C.F.M., Planning & Development Review Manager, Monroe County 14 Planning & Environmental Resources Department, and 15 16 Barbara Powell, Planning Policy Advisor, Monroe County Planning & Environmental 17 Resources Department 18 19 Date: August 29, 2024 20 21 Subiect: An Ordinance by the Monroe County Board of County Commissioners Proposing to 22 Amend the Monroe County Comprehensive Plan to Newly Create Goal 113, Objective 23 113.1, and Site Specific Subarea Policy 113.1.1, So As to Newly Create a "Tavernier 24 Workforce Housing Subarea 1", Which Involves Text Changes to the Adopted Policies 25 of Monroe County's Comprehensive Plan Which Limit Disposition of Early Evacuation 26 Unit Allocations to a 1-for-1 Exchange Program for Banking Into the County's 27 Administrative Relief Pool for Takings and Bert Harris Act Liability Reduction 28 Countywide,In Order To Allow for 86 Early Evacuation Unit Allocations to Be Awarded 29 for Development Without Requiring In Return an Equal Number of Affordable ROGO 30 Allocations To Be Banked Into the County's Administrative Relief Pool In Compliance 31 with the Operative Comprehensive Plan's Existing Policies Establishing the Adopted 1- 32 for-1 Exchange Program for Countywide Takings and Harris Act Liability Reduction, as 33 Proposed by Cemex Construction Materials, Florida, LLC, f/k/a Singletary Concrete 34 Products Inc., LLC.3 35 36 Meeting: September 11, 2024 37 38 I. REOUEST: 39 40 On September 1, 2023, the Monroe County Planning and Environmental Resources Department 41 ("Planning Department" or "Department") received an application from Smith/Hawks, PL (the 42 "Agent"), on behalf of "Cemex Construction Materials Florida LLC" f/k/a "Singletary Concrete 43 Products Inc." (the"Property Owners" and"Applicants")to amend the Monroe County Comprehensive 44 Plan to newly create Goal 113, Objective 113.1, and the site specific subarea Policy 113.1.1, so as to 45 newly create a "Tavernier Workforce Housing Subarea 1" on a portion of property located at 92501 i American Institute of Certified Planners(A.I.C.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 3 Monroe County Planning &Environmental Resources Department File No. 2023-205. 1 of 41 I Overseas Highway, Tavernier, currently having Property ID No. 00089490-000000 (the "Property"). 2 The Applicants have submitted additional amended and restated applications and applications since the 3 initial submittal on November 21, 2023, February 28, 2024, May 6, 2024, and July 31, 2024. 4 5 In their operative application the Applicants state the below constitutes their reason for their request for 6 this amendment(i.e., the reason for these changes): 7 8 "The Amendment seeks to create and provide language for Goal 113, Objective 113.1, and Policy 9 113.1.1 "Tavernier Workforce Housing Subarea", creating a site-specific subarea for workforce 10 housing and to allow the Property to receive eighty-six (86) workforce housing early evacuation ROGO 11 allocations allocated from Monroe County, to permit construction of eighty-six (86)much needed multi- 12 family workforce housing dwelling units near a large employment center. The amendment will permit 13 the Applicant to redevelop the Property with up to eighty-six (86) desperately needed deed restricted 14 workforce dwelling units in an ideal location for the Islamorada Employment Center... "4 15 16 A. CONCURRENT APPLICATIONS: 17 18 1. Monroe County Planning & Environmental Resources Department File No. 2024-041: 19 20 An Application requesting BOCC approval of a Development Agreement between the Monroe 21 County BOCC and Blackstone Group-Tavernier 925 LLC and Vestcor Companies Inc. concerning 22 the proposed redevelopment of the Property and the adjacent property(currently having Property ID 23 No. 00490250-000000) with up to 49,900 square feet of non-residential floor area and 86 attached 24 affordable workforce dwelling units. 25 26 2. Monroe County Planning & Environmental Resources Department File No. 2022-054: 27 28 An Application requesting BOCC approval of a Land Use District (Zoning) Map Amendment for 29 this Property and the adjacent property (currently having Property ID No. 00490250-000000) to 30 apply the Tavernier Commercial Overlay. 31 32 Additional materially relevant background follows. 33 34 On May 171h, 2024, the Florida Department of Commerce ("State" or "Commerce") issued 35 Commerce Final Order No. COM-24-020 rejecting BOCC Ordinance No. 004-2024 (the Land 36 Development Code text amendment upon which the subject Map Amendment would rely upon in 37 order for the Overlay District to be lawfully established) on the grounds of the State's determination 38 that it was: 39 40 Inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical 42 State Concern; 43 (22,) Inconsistent with the adopted Monroe County Comprehensive Plan and Tavernier Livable 44 45 CommuniKeys Plan ("LCP"); and 46 (33,)Inconsistent and fails to comply with the adopted Monroe County Land Development Code. 4 The remaining portion of the Applicants' narrative explanation is included in the subject file for the Application(Monroe County Planning&Environmental Resources Department File No.2023-205). 2of41 I Later, on June 27th, 2024, the State of Florida via the Department of Commerce issued Commerce 2 Amended Final Order No. COM-24-020 approving the previously rejected Ordinance (No. 004- 3 2024) stating the following: DEPARTMENT OF COMMERCE Division of Community Development Conmierce Amended Final Order No. COM-24-020 AMENDED FINAL ORDER MONROE, COUNTY ORDINANCE NO. 04-2024 The Florida Department of Commerce c ("Department") hereby . issues its Amended Final O: rdef pursuant to sections 380.05(6) 1 0.05 ( ) FloridaStatutes on the land eve101 me t regulations ,adopted by Monroe County, Florida (the "County"), Ordinance NO. 4-202 (the "Ordinance,"'). The Department's initial final order issued on May 16, 2024, is hereby superseded and replaced by this final order. 5 6 3. Monroe County Planning & Environmental Resources Department File No. 2022-012: 7 8 An Application requesting approval of a Major Conditional Use Permit ("Major CUP") to develop 9 the Property and the adjacent property (currently having Property ID No. 00490250-000000) in two 10 phrases: 11 12 Phase 1 of the Proposed Development: Includes the construction of a 64,080 square foot grocery 14 and liquor store (a commercial retail use). 15 Phase 2 of the Proposed Development: Is the development of eighty-six (86) attached dwelling 16 units deed-restricted as affordable. 17 18 Pursuant to Monroe County Land Development Code ("LDC") Section 139-1(f), any non-residential 19 development subject to the inclusionary provisions of the LDC are required to obtain Certificates of 20 Occupancy on said deed restricted affordable housing prior to the resulting non-residential use and 21 structure. As of the date of this professional staff report a revised application and plan-set has not been 22 submitted with this file. 23 24 II. BACKGROUND INFORMATION: 25 26 Address: 92501 Overseas Highway, Tavernier (Island of Key Largo). 27 Mile Marker (MM): MM 92.5. 28 Property ID Number: 00089490-000000. 29 3 of 41 I Applicant: "Cemex Construction Materials Florida LLC" f/k/a"Singletary Concrete Products Inc." 2 Agent: Smith/Hawks PL. 3 Size of the Affected Portion of Site: 483,292.45 square feet (i.e., 11.09 acres) gross area including 4 277,908.12 square feet(i.e., 6.38 acres) of upland and 208,384.33 square feet(4.78 acres) of mangroves 5 according to the submitted boundary survey signed and sealed by David S. Massey on December 18, 6 2023. 7 Future Land Use Map OTLUM") Designation: Mixed Use/ Commercial ("MC"). 8 Land Use District: Suburban Commercial ("SC"). 9 Tier Designation: HI. 10 Flood Zones: AE(EL 8, 9, 10, and 11) and VE (EL 11). 11 CBRS: No. 12 Existing Uses: Previously developed as a concrete plant with outdoor storage, whether that prior use 13 has been abandoned and/or discontinued per the LDC is as yet not established by the Application. 14 Existing Vegetation/Habitat: Undeveloped Land, Exotic, Mangrove, and Water. 15 Community Character of Immediate Vicinity: 16 Adjacent land uses include residential to the north, east, and south, with commercial retail to the west 17 across U.S. 1 —the Property is part of the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor 18 District Overlay (the "TC Overlay") established pursuant to Land Development Code Section 130-128. 1 pp i ff �5 JJIN I : X / /;off y Ng 9P ror✓ 7 f^F ,q`.. er %K-,$ 0 � y uauau n� /r„ 19 20 21 The Property Outlined in Blue Above (Image Dated 2024) 22 23 24 25 4of41 I Concept Meeting: In accordance with Monroe County Land Development Code Sections 102-158(d)(3) 2 and 102-159(b)(1), a concept meeting was held on March 131h, 2024, and it was found that the proposed 3 text amendment to the Monroe County 2030 Comprehensive Plan shall have a county-wide impact. 4 5 Impact Meeting: In accordance with Monroe County Land Development Code Section 102-159(b)(2), 6 a BOCC Impact Meeting was held wherein professional staff identified the County-Wide Impacts of the 7 proposed amendment in writing and the BOCC per the Code had the opportunity to offer initial opinions 8 and the public had the opportunity to offer input on the proposed amendment. 9 10 A true-and-correct excerpt of the March 15th, 2024-dated Memorandum issued by the Senior Director of 11 the Monroe County Planning and Environmental Resources Department identifying the County-Wide 12 Impacts is shown below. The complete Memorandum is attached and incorporated hereto as Exhibit No. 13 1 to this professional staff report. 14 Pursuant to the Comprehensive Plans (CP) policies approved by the Board of County Connuissioners tlrrorrglr lts adol)tic�rs of Or°dinsansceNo. 005-2021.use of the 300 early evacuation emit allocations is',textually limited to inverse condemnation and Bert Harris Act liability reduction exchange program disposition whereby an early evacuation unit allocatioll's allowed use is expressly limited as follows:: "Reguersts for rre�r forcer hoti.sinnk eaar(t' ear°aacuaationn unit allocations shall be available only.for as 1-fin-1 exrh an tea oo as. bradra,bder They affordable allocations returned to the C"ou niy in iwcha nze for rfor•kf"ora r hoaa.sink early evacuation unit a1locaations shall be banked and aa.seAad for future aardn d nistraatil er relief bennericiaal use a eteraaainaatio n.s and to re_wh,e inverse co ndem nration case-s and Bert J. .I1'earris° Jr.. Private P),oveyrlv Rights Protection.-4 et cases." Seer CP Policies 101.31.12(a) (a)(1) Emphasis supplied)„ The Board's exclusn-�7e staterYrelat of leg',-_ 'e intent regarding allowable dkposltnon of early evacuation. unit allocations is equally Plain and ursansbiguoaaw, x M , be used in eaa daaann, e ,for eM i.stiat as fordable allocations at aanultilarnrdly a dea,elcrpineanls (bank thenrn ron1thi n an administrative relief I)ool)[.]" Sege Ordinance No. 005-2021. at PP 3-4 (l;mphasis supplied). Your proposed amendment ilJV01�17es a, text change to the Board's limiting C°P policies enumerated ins Ordinance No. 005-2021 that, if appro�,-ed,would allow your clients to take 86 early evacuation allocations and ease them for development without giving ill returns all equal number of affordable allocations- ol• affordable exemptions to be placed in the County's adnnnistra,ti�e relief bank for takings and Bert Harris Act liability reduction protecting Monroe Coursty property owner,,. residents. and taxpayers against such claims coa.arst 7vide, 17 Community Meeting and Public Participation: 18 In accordance with Monroe County Land Development Code Section 102-159(b)(3), the required 19 Community Meeting was held on May 201h, 2024. Stated concerns from the Community Meeting 20 included, but were not limited to: 21 ■ The intent of the BOCC's adoption of the early evacuation workforce housing ROGO allocations; 22 ■ The resulting loss of the ability to mitigate takings liability (the loss of 86 allocations that were 23 banked to be used to mitigate 86 separate takings and/or Bert J. Harris Act judgments); and 24 ■ Concerns regarding the State's operative rejection of BOCC Ordinance No. 004-2024 by Florida 25 Department of Commerce through Final Order No. COM-24-020.5 s As noted, on May 171, 2024 (three days before the Community Meeting occurred), the State via the Department of Commerce issued Commerce Final Order No.COM-24-020 rejecting BOCC Ordinance No. 004-2024 on the grounds of the State's determination that it was (1)Inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, (2) Inconsistent with the adopted Monroe County Comprehensive Plan and Tavernier Livable 5 of 41 I Development Review Committee Meeting: 2 On July 22nd, 2024, the Monroe County Development Review Committee ("DRC") reviewed and 3 considered the proposed amendment at a regularly scheduled meeting. Department professional staff 4 reviewed the text that was proposed at that time and recommended denial as reflected in the professional 5 staff report dated June 24th, 2024. The DRC recommended denial of the proposed amendment to the 6 Monroe County Planning Commission and Board of County Commissioners ("BOCC"). In response to 7 the comments presented at the DRC meeting, the applicant submitted revised text on July 31 st, 2024. 8 9 Planning Commission Meeting: 10 On August 28th, 2024, the Monroe County Planning Commission ("the Planning Commission") 11 reviewed and considered the proposed amendment at a regularly scheduled meeting. Department 12 professional staff reviewed the text that was proposed at that time and acknowledged that the 13 recommendation should be denial as reflected in the professional staff report, however if the Board of 14 County Commissioners ("BOCC") approves direction to Planning & Environmental Resources 15 Department professional staff to change course to allow utilization of the subject 86 Early Evacuation 16 Unit ROGO Allocations withoutthe required 1-for-1 takings and Harris Act liability reduction exchange, 17 Department professional staff would recommend approval WITH STAFF-RECOMMENDED EDITS. 18 The Planning Commission acknowledged that under current policy direction, they should 19 recommend denial of the proposed amendment, however if the Board of County Commissioners 20 (`BOCC") approves direction to Planning & Environmental Resources Department professional 21 staff to change course to allow utilization of the subject 86 Early Evacuation Unit ROGO 22 Allocations without the required 1-for-1 takings and Harris Act liability reduction exchange, the 23 Planning Commission would recommend approval of the proposed text WITH STAFF- 24 RECOMMENDED EDITS and elimination of 2aii. 25 26 27 28 29 30 31 32 33 34 [The remainder of this page has been intentionally left blank] 35 36 37 38 39 40 41 42 CommuniKeys Plan("LCP"),and(3)Inconsistent and fails to comply with the adopted Monroe County Land Development Code, and later the State Department of Commerce (after the May 201 Community Meeting occurred) on June 27111, 2024, issued Commerce Amended Final Order No. COM-24-020 approving that previously rejected Ordinance (No. 004-2024) stating the following: "The Department's ... final order issued on May 16, 2024, is hereby superseded and replaced by this final order." 6of41 I Previous Relevant BOCC Action: The Property 2 3 On September 16, 1988, an Application for a Land Use Map amendment to go from Suburban 4 Commercial ("SC") to Industrial ("I") was received by the Planning Department.6 It appears that this 5 file was never processed because it was submitted when the new Comprehensive Plan was being drafted 6 and that pending application was put on hold and eventually closed. On June 30, 2003, a Letter of 7 Understanding("LOU")was issued to address the potential construction of 300 affordable housing units 8 on the Property. 9 10 On February 15, 2024, the BOCC approved Ordinance No. 004-2024 ("the Land Development Code 11 text amendment") to approve a text amendment to the Land Development Code to newly create LDC 12 Section 130-143 in order to establish a"Tavernier Key Commercial Overlay District"including purpose 13 and intent,NROGO allocation standards, applicability, boundary, and maximum development potential 14 for those certain parcels located at 92501 Overseas Highway, Key Largo, currently having Property ID 15 Nos. 0089490-000000 and 00490250-000000. 16 17 On May 171h 2024,the State via the Department of Commerce issued Commerce Final Order No. COM- 18 24-020 rejecting the Land Development Code text amendment(the"Ordinance")based upon the State's 19 determinations that it was: W Inconsistent with the Principles for Guiding Development in the Florida 20 Keys Area of Critical State Concern, (2) Inconsistent with the adopted Monroe County Comprehensive 21 Plan and Tavernier Livable CommuniKeys Plan ("LCP"), and�D Inconsistent and fails to comply with 22 the adopted Monroe County Land Development Code. 23 24 Later, on June 27th, 2024, the State via the Department of Commerce issued Commerce Amended Final 25 Order No. COM-24-020 approving that previously rejected Ordinance (No. 004-2024) stating the 26 following: DEPARTMENT OF 0--)MMERCE Division of C" a mIlaiunity Deis e oprnent Conlinerce Amended Final Order r No. C ON -` 4-020 AMENDS FINAL C RDER MONRO. COUNTY ORDINANCE NO. O. 4-2024 The Florida Department of Commerce ("Department,") hereby issues its Atnended Final Order,r, pursuant to sections 380.05(6) and 380. 2 ), Florida Statutes on the land development. regulations adopted by Monroe County, 'l ridaa (the "County"), Ordinance ante o. 04- 1 4 (tea "Ordinance").'). The Department's initial final er a issued oil May l , �24, is hereby superseded 39 and replaced by this final order, 29 As of the date of this professional staff report one or more petitioners have filed/initiated a pending legal 30 challenge to this. 6 Monroe County Planning&Environmental Resources Department File No.M9315. 7of41 Previous Relevant BOCC Action: ROGO 3 "An area of critical state concern may be designated only for: An area containing, or having a significant 4 impact upon, environmental or natural resources of regional or statewide importance, including, but not 5 limited to, state or federal parks, forests, wildlife refuges, wilderness areas, aquatic preserves, major 6 rivers and estuaries, state environmentally endangered lands, Outstanding Florida Waters ("OFWs"), 7 and aquifer recharge areas, the uncontrolled private or public development of which would cause 6 substantial deterioration of such resources."Florida Statutes Section 380.05(2)(a). 10 Florida Statutes Section 380.0552 (the "Florida Keys Area Protection Act"), which designates and 11 protects the unincorporated Florida Keys as an Area of Critical State Concern ("ACSC"), establishes — 12 pursuant to Florida Statutes Section 380.0552(2)(j) — legislative intent mandating that it be "ensure[d] 13 that the population of the Florida Keys can be safely evacuated" and requiring that amendments to each 14 ACSC local government's Comprehensive Plan must include "goals, objectives, and policies to protect 15 public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation 16 clearance time for permanent residents of no more than 24 hours. The hurricane evacuation clearance 17 time shall be determined by a hurricane evacuation study conducted in accordance with a professionally 18 accepted methodology and approved by the state land planning agency." Florida Statutes Section �8 380.0552(9)(a)(2.). 21 In order to accomplish these hurricane evacuation requirements a Permit Allocation System known as the Rate of Growth Ordinance, or"ROGO", was adopted in 1992. The purpose of this Amendment is to implement goals, cam p �' � je+�tivew and policies of the Florida Keys' Comprehensive Plan, related to -, nroitecti4h of residents, visitors and property in the County from natural t Isa.&rs,. specifically including hurricanes„ by adopting a Dwelling Limit Allocation Ordinance limiting annual residential development In Monroe County to an. amount and rate commensurate with the County"s ability to maintain a reason- able and safe hurricane evacuation clearance timedetermineddeterined by policy decisions and .recently completed studies. The present hurricane evacuation clearance time In Monroe County is unacceptably high. Based on a continua- tion of Monroe County°s historic rate of growth, clearance time will contin- ue to increase. Therefore, consistent with its responsibility for protecting the health and safety of its citizens, Monroe County must regulate the rate of population growth commensurate with planned increases in evacuation capacity to prevent further unacceptable increases In hurricane evacuation clearance time, Regulation of the rage of growth will also help to prevent: further deterioration of public facility service levels, Irreversible envi- 24 1 r"onrmental degradation, and potential land use conflicts, 39 June 23rd, 1992-adopted ROGO approved pursuant to BOCC Ordinance No. 016-1992. 27 The Rate of Growth Ordinance ("ROGO") was required by the State of Florida and implemented in 28 order to provide for the life-safety of Florida Keys residents in the event of a hurricane evacuation and 29 to protect the Florida Keys Area of Critical State Concern's environmental and natural resources of 30 statewide significance. Monroe County originally reduced the annual permitting rate from 31 approximately 500+units per year to 255 dwelling unit allocations per year. Later, the State via F.A.C. 32 Rule 28-20 adjusted the annual allocation to 197 dwelling unit allocations per year. Each year's ROGO 33 allocation of 197 new dwelling units is split with a minimum of 71 dwelling units allocated for affordable �i housing, and market rate allocations cannot exceed 126 new residential dwelling units per year. 36 In 2012, Monroe County entered into a Memorandum of Understanding ("MOU") with the State 37 Department of Economic Opportunity("DEO"), State Division of Emergency Management("FDEM"), 38 and municipalities of Marathon, Islamorada, Key West, Key Colony Beach, and Layton. It provided the 39 distribution of allocations among the local governments based upon a vacant land analysis (excerpt 40 below). 8 of 41 WHEREAS,DF,0 and the Local Goverruvents recognize that significant vacant lands remain in the Florida Keys: Monroe County with 8,758 vacant parcels(7711,10 oftotat vacant lands),Marathon with 1,281 vacant parcels(I I%), Islamora—da with 1,IC9 vacant parcels(10%), Key Colony Beach with 92 vacant parcels(0.81%),Key West with 84 vacant parcels(0,74%),and Layton with 13 vacant parcels (0A 1%)-,and 3 In 2012, State DEO and State FDEM, per F.A.C. Rule 28-20.140, completed the hurricane evacuation 4 clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys 5 would be at a 24 hour evacuation clearance. Based upon the resulting 24-hour evacuation clearance, 6 State DEO determined the remaining allocations for the Florida Keys (3,550 additional permits 78 countywide, 1,970 of which would go to Monroe County, see excerpt below). 9 In March 2013, Governor Rick Scott and the State Cabinet (consisting of Governor Scott, Attorney 10 General Pam Bondi, Chief Financial Officer Jeff Atwater, and Agriculture Commissioner Adam 11 Putnam), sitting as the State Administration Commission, approved the allocation of 10 years' worth of 12 additional growth to the Florida Keys. WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group meeting,Scenario M5 included the 2010 Census site-built units(43,760 units);the maximum number of residential building permits for new construction for all Local Governments per year for 10 years (annually,County 197,Marathon 30,Islamorada 28,Key West 90,Key Colony Beach Cr and Layton 3); 13 1,248 mobile home units projected to convert to site-built units;the exclusion of 870 dwelling units on the Naval Air Station;as well as two(2)functional evacuation lanes from MM 108-126. Further,the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments'ratio ofvacant land;and WHERLAS,following the June 8,2W2,Work Group meeting,technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys;and 16 On April 13, 2016, the BOCC adopted the Monroe County Year 2030 Comprehensive Plan and Land 17 Development Code, which included a ROGO allocation distribution through the year 2023, based on 18 F.A.C. Rule 28-20.140, and the Department of Economic Opportunity's completion of the hurricane 19 evacuation clearance time modeling task that found with 10 years' worth of building permits,the Florida 20 Keys would be at a 24 hour evacuation clearance time(Phase 2 of the 48-hour phased/staged evacuation). 21 22 On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the remaining market rate 23 ROGOs out for an additional three (3) years from 2023 to 2026 within the Comprehensive Plan and 24 adopted Ordinance No. 006-2020 to extend the remaining market rate ROGOs out for an additional three 25 (3)years from 2023 to 2026 within the corresponding/implementing Land Development Code. 26 27 On February 19, 2020, the BOCC discussed whether to direct Planning & Environmental Resources 28 Department professional staff to process a Comprehensive Plan and Land Development Code 38 amendment(s): 31 (1) To move a portion of the 378 Remaining Market Rate ROGO Dwelling Units Through 2026 32 to the County's Affordable Housing Allocation Pool, and/or (Q To accept the State's 300 33 Workforce Housing Dwelling Units Required to Evacuate in Phase I of the Hurricane �i Evacuation Model. 36 The BOCC did not decide on shifting the Market Rate ROGO Dwelling Unit allocations to the 37 Affordable Housing ROGO Allocation Pool (the BOCC wanted professional staff to develop a menu of 14 options). 40 The BOCC directed professional staff to start the process to accept the State's 300 Workforce Housing 41 Dwelling Units and over the course of several public meetings (on February I 9th, 2020, July 15 th 2020, 42 and April 21't, 2021) discussed its overriding desire to accept the 300 Workforce Housing Early 43 Evacuation Dwelling Units with the purpose/intent to set them aside and bank them for use in future 44 takings cases/to mitigate future takings liability. 9 of 41 I On July 15th, 2020, during a BOCC discussion item on potentially shifting market rate allocations to the 2 affordable housing pool (7/15/24 BOCC Agenda Item No. I5), the BOCC provided further direction to 3 professional staff on how it desired to accept the 300 Workforce Housing Dwelling Units. The BOCC 4 directed professional staff as follows: 5 6 Accept the 300 workforce housing early evacuation unit building permit allocations to be used 7 in exchange for existing affordable allocations at multifamily developments (for developers that 8 agree to the early evacuation restriction) and the affordable housing allocations returned to the 9 County (returned in the exchange) be set aside and banked for takings cases (bank them within 10 an administrative reliefpool). 11 12 On April 21", 2021, the BOCC adopted Ordinance No. 005-2021, which approved amendments to the 13 Monroe County 2030 Comprehensive Plan amending the Future Land Use Element ("FLUE") and the 14 Housing Element to establish a new building permit allocation category to accept and award 300 15 Workforce Housing Early Evacuation Unit Building Permit Allocations as a 1-for-1 exchange program 16 wherein existing affordable allocations are exchanged for early evacuation units, and then the returned 17 or recouped affordable housing allocations are banked into Monroe County's Administrative Relief pool 18 for future takings and/or Bert Harris Act cases, by amendment as well as clarifying Policies 101.2.2, 19 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1, 601.1.2, 601.1.8, 20 601.1.11, 601.5.1, and creating new Policy 101.3.12 to establish the specific workforce initiative 21 requirements. 22 23 Likewise on April 21 st,2021,the BOCC adopted Ordinance No. 006-2021,which approved amendments 24 to Monroe County Land Development Code Section 138-24 ("Residential ROGO Allocations") to 25 establish a new building permit allocation category to award 300 Workforce Housing Early Evacuation 26 Unit Building Permit Allocations as a 1-for-1 exchange program wherein existing affordable allocations 27 are exchanged for early evacuation units, and then the returned or recouped affordable housing 28 allocations are banked into Monroe County's Administrative Relief pool for future takings and/or Bert 29 Harris Act cases, and to establish the specific workforce initiative requirements. 30 31 III. THE APPLICANTS' PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT: 32 33 The Applicants' proposed text amendment, as submitted on July 31, 2024, is shown below (the 34 Applicants' proposed additions to the Comprehensive Plan text are shown below in blue unde lin-- 35 GOAL, 71713 36 c� G cu nt slr l� m n g _ a to gr yv_tli to entia�nce th qa l�ty_s lift a s f Ll, s� C L,Ly residents __ _ _ __ _ _ _ ___ _ _ _ _ _ 37 end rioritize tyre rovision of workforce housin r that is safe. code com liant. and resilient. l o 38 incentiv_ize the—,�I p?�y vc�l -ce I�igLa nn g 1�u ?� �yi�nt ntg�5 tlrr�_G arty_,Lij p-ovid for th e 39 develo meat of site-,specific land use mechanisms and the allocation of workforce housing earl 40 evacuation kZ.�:��c�f Growth Ordinances from Monroe Count within the tjppj� jeys 'to address the 41 in .de(uae availabilit of workforce hoatsin r in the 11 ere s. 42 QWective 113.1 43 Monroe CountV shall create site-s ecific subareas located in Taxetnier which Dermittlie allocation of 44 woik force tiotisin g�.�ly gya.cttaN,Lion Rate of Growth Ordinances for dev_elp.�Ig�Yoi��fc rce grousing in 45 stii'Lable areas located in close rox.imi't to ell i to ment centers Islamorada.. Tavetniet a:nd K e Lai 70 10 of 41 I All site-s0ecific arem located in Taxeinier slia.11 require a. Polic clefiningthe clevel:,%nmeet restrictions 2 and aflowances fog'the site. ----------------------------------- 3 of 113.1.1 T�avernier Workforce Housincy SuWare,,a 1 4 Th )w ose of Taxeinier Workforce Housi�tt , Subafea. I jiLs—to implement I )Iica.1)10 goals. ol 5 nd P.Q-Iicies of the Comoreliensive Pla.n-,Lo-L)I-omo,te-a.nd-fa.cili'La.,Le-developlILLnL_2L�yoi-kfoi-ce liouslll&,(Q ----- -----------------------------6 moot tlie needs of Monroe Coumv- 7 1 BotinL&.Ly.--']'Iie-'I'a.veii.iiei'-Woi'kfoi'ce Flousigg_IS'LiL)ji:��g. I slia.11 consist of . y�n ---- -- ------------------ t ------------------------pEgpgqy-tj�4 L-�&-Real- 8 Esta.te Numbers 00089490-00(i000. a.s I-,,a.11v described and de icted on the A, (norticwi ,,,)f' LcA 6, Mocllcno,id',; R:'k)t, [yirig 1[7astpr-V,y r,,aP thp ir-uCjht c)F wc,y n cz, o f fj,,j S t,,> t e Rcal,,i 4-A, anlci RLzcor,,JL,,,) im Plat Book 1, at Pope 6� cf' vlic, Pulctic Re-ords or Monroe County, F orida aind Il morc, perticua arRy apt r 011 a w f": BECINNING3 o-t Vit, coroer cf' sakl Lot, 6, P,R, 1, P, 64 ori thLn Ea sterty right or way tine or 01,d �tatp Road thence run NI, 88"58'07' E. al or the North Uryie,, c,24` Lot 6 rlor ca cAistanc-P o(' ia'-`56,84 fect to thice Nicwtheuf;t (,,,.(arr,,,er, oF Lot, 61 t6ence ell 'S, 02-34'J'3' E. aU)n�,,) the Last 10oe cW Lut dstance of l feet to the SouBheus�, corroer of Lot 6; thence run S. 89'19`1' W. laVonq the Unp ofw Lot 6 Iror as ldiistDnce or fS,72A7 Fe�et; thiprCip run N, 01010r,1?11,5*i, w r,or a J staince or'' `,531,01 rpet,j therIcP,,-, ri.,P,r N, 8 9'l S'4 6' 'll fc'w a cds'tunce 62T63 Feet o 0 a p)c,adot on l FostprJy elght, c,f way [inc, of DkA SLaLe Roll 4-A; LhcnL& N, 09'24'12' E. a9cpnc saud 11""a,terry right )r loolay Unr ror a N5tlanc Q oat" 96.08 Peet bw-,k to t1he OF 9 T,31[-,Ul N NI N Cj, X, W. Z, 0 r,0 r,V 11 Ij ", , W 6�v 6!?, b 4 66 X 4, 02 rT 10 NOT PAR r QF 43 11 01� % ti 41T "ll 7.w1w Jz -"WW J, 10 11 1 Ra.te of Growth Ordinance Alloca.tions. - ------------------------------------------------- 11 of 41 I a- Notwithstanding C'om rehensive Plan Policy 101.3.12 a � and LDC Section 2 138-2 ( 2 ( 2. tlr _r� _v_� � Workforce_ Housing"'li�a�.�� _� �Ir�.��a�_�� ljLg tc�_Ieceiy 3 i Irt six. ( Er k�C�Q a1lo ations h ��u qns-- 4 i. Award of ei 7ht -six. 86 workforce housin r e .rl evacuation buildi11 r unit allocations 5 from Monroeminim pati:5tt��t_ ts�_ tlre_�Jc�r��fs�rce-Affcal�� a.lale ��c�a_ lsin� Init��:��v�. 6 reserved by_1n_gL1s_af a. BOCC° resolution. -The BC�CC ma.y.,_q: its discretion _PL.� 7 conditions on tyre reservation. 8 ii. TIre_ink ome—caleg9des_for-the_eigLq_Y_six. J� it units__sliall consist of 9moderate-income - s _ ( median income - � - ilow- ---- -- — -- --- _--- -- � -- -- -- --- _-- -- --- -- 10 income units. Once the ei.M. -six. 8Er em .10 ee hottsin� units �.re alevelomeal., the 11 affordable housing income restric"ons l u::4.y_be rcco 'L"KK a 'mm.-O 's 12 to ensa��c�c�;a� ntf_�) Lime t tyre income re Lfl��ements for-the unit c��ggp�L . 13 iii. 1 he ei htv-six. (86 worl force housin r allot aions are rep uireal to evacuate in Phase 1 14 of the 48-lir evacuation-of a. pAig iQIiurrc......... p, s antto Policies101.3.2.- ti _ � - _ 15 101.3.3 and 101.3.12. ---------------------------- 16 iv. 1 he ei htv-six. (86 worl force housin r allot aions shall be restricted 'to rental 17 occt,lpq.p�y—for_tliose-wlio-dei-ive_a�[ least 701/0 of their-income-as-members-of Ilie 18 y_voikfoi-ce in Monroe G otin!y na iLLI(2mee,[ tyre a.ffoi--able tiotisi'ng income le s 19 of the Monroe Countv Lind Develo went Code. 20 ➢ See Monroe Countv Board of Countv Commissioners Ordinance No.005-2021. ado tin r 21 amenalments to the Monroe C minty_2030 C c�m vid,�n5�v_� 22 z See Monroe Countv Board of Countv Commissioners Ordinance No.006-2021. ado tin r 23 Amendments to the Monroe—C minty_1, na Dev_elp. a nt Code. 24 25 IV. ANALYSIS OF THE APPLICANTS' PROPOSED AMENDMENT: 26 27 Proposals to amend the text of the Monroe County Comprehensive Plan are reviewed in accordance with 28 Article V ("Amendments"), Chapter 102, Land Development Code. Land Development Code Section 29 102-158(a) specifically states the purpose of LDC Article V—Amendments as follows: 30 31 Purpose. The purpose of this article [Article V Amendments] is to provide a means for 32 changing the text of this Land Development Code,which also includes changes to the land 33 use (zoning) district map and overlay district maps. It is also intended to add to the 34 statutory procedures and requirements for changing the future land use map (FLUM) at 35 the transmittal stage. The process for changing the text of the Comprehensive Plan 36 shall follow the process established Chapter 163, Part 11, Florida Statutes, and shall 37 require a Concept Meeting as detailed in subsection (d)(3) of this section, and shall 38 provide for community participation as specified in Section 102-159(b). This article 39 is not intended to relieve particular hardships, nor to confer special privileges or 40 rights on any person, nor to permit an adverse change in community character, 41 analyzed in the Technical Document(data and analysis),but only to make necessary 42 adjustments in light of changed conditions or incorrect assumptions or 12 of 41 I determinations as determined by the findings of the BOCC. In determining whether 2 to grant a requested amendment to the text of this Land Development Code, or land 3 use (zoning) district map, or overlay map, the BOCC shall consider, in addition to 4 the factors set forth in this article, the consistency of the proposed amendment with 5 the provisions and intent of the comprehensive plan and consistency with the 6 principles for guiding development in Section 380.0552, F.S. 7 8 (Emphasis added). 9 10 A. Current Provisions of the Monroe County Comprehensive Plan and Land Development Code: 11 12 Monroe County Comprehensive Plan Policy 101.3.12 states the following: 13 14 Workforce Initiative. To support Monroe County's workforce by alleviating constraints on affordable 15 housing, to protect private property rights and address potential liability, the County is participating in 16 the Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the June 13, 17 2018, meeting of the Florida Administration Commission. Monroe County accepts the 300 workforce 18 housing early evacuation building permit allocations pursuant to the Workforce-Affordable Housing 19 Initiative authorized by the Florida Administration Commission and the Florida Department Economic 20 Opportunity. The Workforce-Affordable Housing Initiative will require dwelling units constructed 21 and/or deed restricted with workforce housing early evacuation building permit allocations to evacuate 22 occupants in Phase 1 of the 48-hour evacuation of a pending major hurricane, pursuant to the criteria 23 below. To participate in the Workforce Initiative, Monroe County shall be responsible for the 24 management,distribution,and enforcement of requirements associated with the workforce housing early 25 evacuation building permit allocations. Monroe County shall ensure adherence to these requirements 26 through implementation of this policy and shall annually provide to the Florida Department Economic 27 Opportunity a report indicating the number of workforce housing early evacuation units built and/or 28 deed restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase I 29 of an evacuation. The annual report shall be provided to the State in a timely manner such that the State 30 may include the information in the required Annual Report to the Governor and Cabinet on the County's 31 progress toward completion of its Work Program pursuant to Rule 28-20, F.A.C. 32 33 Dwelling units developed and/or deed restricted utilizing the workforce housing early evacuation unit 34 allocations are subject to the following: 35 36 (a) Requests for workforce housing early evacuation unit allocations shall be available only for a 37 1 for 1 exchange for affordable allocations/exemptions and require a reservation via BOCC 38 resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems 39 appropriate. The BOCC may, at its discretion, exchange existing reserved affordable allocations for 40 allocations under the Workforce Initiative to private development and nonprofit sector partners 41 willing to meet the requirements of the workforce housing early evacuation unit allocations. Further, 42 the BOCC may, at its discretion,approve the exchange of existing deed-restricted affordable housing 43 units (lawful affordable exemptions)at existing multifamily residential developments for allocations 44 under the Workforce Initiative to private development and nonprofit sector partners willing to meet 45 the requirements of the workforce housing early evacuation unit allocations. 46 (1) The affordable allocations returned to the County in exchange for workforce housing early 47 evacuation unit allocations shall be banked and used for future administrative relief, 13 of 41 I beneficial use determinations and to resolve inverse condemnation cases and Bert J.Harris, 2 Jr. Private Property Rights Protection Act cases. 3 (2) To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the affordable allocations returned 4 to the County shall be maintained as affordable allocations and shall also be returned to the 5 original affordable housing category (very low/low/median income vs. moderate income pool). 6 (3) The workforce housing early evacuation unit allocations must be utilized based on the original 7 approved affordable housing income category or a lesser income category. 8 (4) Administrative relief means actions taken by the County granting the owner of real property 9 relief from the continued application of the Rate of Growth Ordinance (ROGO) restrictions 10 provided they meet the criteria established in the Comprehensive Plan and Land Development 11 Code. 12 (5) Beneficial use means the use of property that allows an owner to derive a benefit or profit in the 13 exercise of a basic property right. For the purpose of this policy, beneficial use shall mean the 14 minimum use of the property necessary to avoid the finding of a regulatory taking under current 15 land use case law. 16 (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling 17 units utilizing workforce housing early evacuation unit allocations shall require approval of a 18 resolution approving a contract between the BOCC and the applicant to officially exchange the 19 allocations and confirm compliance with the requirements Workforce Initiative within this Policy. 20 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 21 (1) Before any building permit may be issued for any structure,portion or phase of a project subject 22 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and 23 County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with 24 the provision of this section running in favor of the County and enforceable by the County and, 25 if applicable, a participating municipality. The following requirements shall apply to these 26 restrictive covenants: 27 a. The covenants for any workforce housing early evacuation units shall be effective for 99 28 years. 29 b. The covenants shall not commence running until a certificate of occupancy has been issued 30 by the Building Official for the dwelling unit or dwelling units to which the covenant or 31 covenants apply. 32 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation 33 units, the covenants shall commence running upon recordation in the Official Records of 34 Monroe County. 35 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to 36 rental occupancy for those who derive at least 70% of their income as members of the workforce 37 in Monroe County and who meet the affordable housing income categories of the Monroe County 38 Land Development Code. The occupants are required to annually verify their employment and 39 income eligibility. 40 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour evacuation of a 41 pending major hurricane. Persons living in the workforce housing early evacuation units who 42 may be exempted from evacuation requirements are limited to law enforcement, correctional and 43 fire personnel, health care personnel, and public employees with emergency management 14 of 41 I responsibilities. If there is an occupant that indicates their employment is considered a 'first- 2 responder position' and not included in the list of exemptions above, then the Planning Director 3 shall determine, in writing, whether the person may be exempted because of a requirement to 4 remain during an emergency. Any person claiming exemption under this provision shall submit 5 of an affidavit of qualification and faithfully certify their status with the onsite property 6 management. 7 (4) The covenants shall require rental agreements which contain a separate disclosure requiring 8 rental occupants to acknowledge the existing restrictive covenant on the unit requiring 9 evacuation in Phase 1 of the 48-hour evacuation and that failure to adhere to the Phase 1 10 evacuation requirement could result in severe penalties, including eviction, to the occupant. 11 (5) The covenants shall require onsite property managers and a separate employment disclosure 12 requiring the maintenance of training in evacuation procedures and an acknowledgement that 13 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including 14 termination. 15 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who 16 derive at least 70% of their income as members of the workforce in Monroe County and who meet 17 the affordable housing income categories of the Monroe County Land Development Code. 18 Workforce means individuals or families who are gainfully employed supplying goods and/or 19 services to Monroe County residents or visitors. 20 (e) Workforce housing early evacuation units shall require onsite property management with property 21 managers trained in evacuation procedures and required to manage the evacuation of tenants in 22 Phase I of an evacuation. During traditional working hours, the property manager must be at an 23 office within the workforce housing early evacuation unit development subject property. Outside 24 the traditional working hours, the property manager must be available at all times to respond to 25 evacuation orders. 26 (f) The property management entity for the workforce housing early evacuation units shall be required 27 to annually verify the employment and income eligibility of tenants; report the total units on the 28 site, the occupancy rates of units, and tenant compliance with the requirement to evacuate the units 29 in Phase I of an evacuation, including the number of occupants that are exempt from the evacuation 30 requirements. The property management entity must submit a report to the Planning and 31 Environmental Resources Department by May 1 of each year. Further, each lease and this annual 32 report shall be kept by the property manager and be available for inspection by the County during 33 traditional working hours. 34 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. 35 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal 36 Barrier Resource System (CBRS). 37 (i) Workforce housing early evacuation units shall be located on aproperty which has all infrastructure 38 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted 39 LOS,paved roads, etc.). 40 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable 41 federal standards for accessibility for persons with disabilities (ADA Compliance). 15 of 41 I (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit 2 allocations shall incorporate sustainable and resilient design principles into the overall site design 3 and be accessible to employment centers in Key West, Stock Island and Marathon. 4 5 Corresponding/implementing Monroe County Land Development Code Section 138-24(e) states 6 the following: 7 8 Workforce Initiative Allocation awards, eligibility and requirements. 9 10 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation 11 category to award 300 workforce housing early evacuation unit building permit allocations 12 pursuant to the Workforce-Affordable Housing Initiative (workforce initiative). The Workforce- 13 Affordable Housing Initiative will require dwelling units constructed and/or deed restricted with 14 workforce housing early evacuation building permit allocations to evacuate occupants in Phase 155 1 of the 48-hour evacuation of a pending major hurricane. 17 (2) Dwelling units developed and/or deed restricted utilizing the workforce initiative allocations are 18 subject to the following: 19 a. Requests for workforce housing early evacuation unit allocations shall be available 20 only for a 1 for 1 exchange for affordable allocations/exemptions and require a 21 reservation via BOCC resolution. The BOCC may, at its discretion, place conditions on 22 any reservation as it deems appropriate. The BOCC may, at its discretion, exchange 23 existing reserved affordable allocations for allocations under the workforce initiative to 24 private development and nonprofit sector partners willing to meet the requirements of the 25 workforce housing early evacuation unit allocations. Further, the BOCC may, at its 26 discretion, approve the exchange of existing deed-restricted affordable housing units 27 (lawful affordable exemptions) at existing multifamily residential developments for 28 allocations under the workforce initiative to private development and nonprofit sector 29 partners willing to meet the requirements of the workforce housing early evacuation unit 30 allocations. 31 1. The affordable allocations returned to the county in exchange for 32 workforce housing early evacuation unit allocations shall be banked 33 and used for future administrative relief, beneficial use 34 determinations and to resolve inverse condemnation cases and Bert J. 35 Harris, Jr. Private Property Rights Protection Act cases. 36 2. To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the 37 affordable allocations returned to the county shall be maintained as 38 affordable allocations and shall also be returned to the original affordable 39 housing income category (very low/low/median income vs. moderate 40 income pool). 41 3. The workforce housing early evacuation unit allocations must be utilized 42 based on the original approved affordable housing income category or a 43 lesser income category. 44 4. Administrative relief means actions taken by the county granting the 45 owner of real property relief from the continued application of the Rate of 16 of 41 I Growth Ordinance (ROGO) restrictions provided they meet the criteria 2 established in the Comprehensive Plan and Land Development Code. 3 5. Beneficial use means the use of property that allows an owner to derive a 4 benefit or profit in the exercise of a basic property right. For the purpose 5 of this policy, beneficial use shall mean the minimum use of the property 6 necessary to avoid the finding of a regulatory taking under current land 7 use case law. 8 b. The construction of dwelling units, the redevelopment or the deed restriction of existing 9 dwelling units utilizing workforce housing early evacuation unit allocations shall require 10 approval of a resolution approving a contract between the BOCC and the applicant to 11 officially exchange the allocations and confirm compliance with the requirements 12 workforce initiative. 13 c. All workforce housing early evacuation units require a deed-restriction ensuring: 14 1. Before any building permit may be issued for any structure, portion or 15 phase of a project subject to the workforce initiative,a restrictive covenant 16 shall be approved by the Planning Director and County Attorney and 17 recorded in the office of the Clerk of the County to ensure compliance 18 with the provision of this section running in favor of the county and 19 enforceable by the county and, if applicable, a participating municipality. 20 The following requirements shall apply to these restrictive covenants: 21 i. The covenants for any workforce housing early evacuation units 22 shall be effective for 99 years. 23 ii. The covenants shall not commence running until a certificate of 24 occupancy has been issued by the Building Official for the 25 dwelling unit or dwelling units to which the covenant or covenants 26 apply. 27 iii. For existing dwelling units that are deed-restricted as workforce 28 housing early evacuation units, the covenants shall commence 29 running upon recordation in the official records of Monroe 30 County. 31 2. The covenants shall require that the workforce housing early evacuation 32 units to be restricted to rental occupancy for those who derive at Least 70% 33 of their income as members of the workforce in Monroe County and who 34 meet the affordable housing income categories of the Monroe County 35 Land Development Code. The occupants are required to annually verify 36 their employment and income eligibility. 37 3. The covenants shall require occupants to evacuate in Phase 1 of the 48- 38 hour evacuation of a pending major hurricane. Persons living in the 39 workforce housing early evacuation units who may be exempted from 40 evacuation requirements are limited to law enforcement, correctional and 41 fire personnel, health care personnel, and public employees with 42 emergency management responsibilities. If there is an occupant that 43 indicates their employment is considered a "first-responder position" and 17 of 41 I not included in the list of exemptions above, then the Planning Director 2 shall determine, in writing, whether the person may be exempted because 3 of a requirement to remain during an emergency. Any person claiming 4 exemption under this provision shall submit an affidavit of qualification 5 and faithfully certify their status with the onsite property management. 6 4. The covenants shall require rental agreements which contain a separate 7 disclosure requiring rental occupants to acknowledge the existing 8 restrictive covenant on the unit requiring evacuation in Phase 1 of the 48- 9 hour evacuation and that failure to adhere to the Phase 1 evacuation 10 requirement could result in severe penalties, including eviction, to the 11 occupant. 12 5. The covenants shall require onsite property managers and a separate 13 employment disclosure requiring the maintenance of training in 14 evacuation procedures and an acknowledgement that failure to adhere to 15 the Phase 1 evacuation requirement could result in severe penalties, 16 including termination. 17 d. Workforce housing early evacuation units shall be restricted to rental occupancy for those 18 who derive at least 70% of their income as members of the workforce in Monroe County 19 and who meet the affordable housing income categories of the Monroe County Land 20 Development Code. Workforce means individuals or families who are gainfully 21 employed supplying goods and/or services to Monroe County residents or visitors. 22 e. Workforce housing early evacuation units shall require onsite property management with 23 property managers trained in evacuation procedures and required to manage the 24 evacuation of tenants in Phase I of an evacuation. During traditional working hours, the 25 property manager must be at an office within the workforce housing early evacuation unit 26 development subject property. Outside the traditional working hours, the property 27 manager must be available at all times to respond to evacuation orders. 28 f. The property management entity for the workforce housing early evacuation units shall 29 be required to annually verify the employment and income eligibility of tenants; report 30 the total units on the site, the occupancy rates of units, and tenant compliance with the 31 requirement to evacuate the units in Phase 1 of an evacuation, including the number of 32 occupants that are exempt from the evacuation requirements. The property management 33 entity must submit a report to the Planning and Environmental Resources Department by 34 May 1 of each year. Further,each lease and this annual report shall be kept by the property 35 manager and be available for inspection by the county during traditional working hours. 36 g. Workforce housing early evacuation units shall be located within an area designated as 37 Tier III. 38 h. Workforce housing early evacuation units shall not be located in the V-zone or within a 39 Coastal Barrier Resource System (CBRS). 40 i. Workforce housing early evacuation units shall be located on a property which has all 41 infrastructure available (potable water, adequate wastewater treatment and disposal 42 wastewater meeting adopted LOS,paved roads, etc.). 18 of 41 I j. All workforce housing early evacuation units must demonstrate compliance with all 2 applicable federal standards for accessibility for persons with disabilities (ADA 3 compliance). 4 k. To the greatest extent practicable, a development utilizing workforce housing early 5 evacuation unit allocations shall incorporate sustainable and resilient design principles 6 into the overall site design and be accessible to employment centers in Key West, Stock 7 Island and Marathon. 8 9 Prioritization of Affordable Housinz 10 11 Planning&Environmental Resources Department professional staff agree with the Applicants' assertion 12 that housing stock in Monroe County offers inadequate affordable housing; this is true and accurate and 13 is an issue in Monroe County. 14 15 In 2015, the BOCC acknowledged the County's workforce housing issues and adopted Resolution No. 16 189-2015 assigning additional duties to the Affordable Housing Advisory Committee(the"committee"), 17 in particular directing the committee to make recommendations for steps which may be taken to address 18 the need for making more workforce housing available in the County. The committee presented its 19 recommendations to the BOCC at the BOCC's regular meeting that was held on August 17th, 2016. The 20 BOCC then held a special BOCC meeting on December 6th, 2016, to discuss the recommendations, and 21 provided direction to staff to move forward on several measures to encourage and incentivize the 22 provision of affordable/workforce housing within Monroe County. 23 24 Additionally, significant affordable employee housing stock was lost following Hurricane Irma (which 25 occurred on September 10th 2017). 26 27 In 2022,the ALICE Report("Asset Limited, Income Constrained, Employed" i.e., earning more than 28 the Federal Poverty Level, but not enough to afford the basics where they live) was updated. It concurs 29 that housing stock in Monroe County offers inadequate affordable housing. 30 ALICE IN MONROE COUNTY ALICE is an acronyrmn for Asset Unshed, Income Constrained, Employed —(households that earn snore than the IFederal Poverty Level, but less than the basic cast of hiving for the couinity. 'chile conditions heave improved for sonne households,many continue to struggle, especially as wages fain to keep(Dace with the riising cost of household essentials(housing,child care„food,trairnsportation�, health care,and a basic sirmnartphoine plan). IHlousehiolds(below the ALIKE Threshold — ALICE households plus those in poverty—can't afford the essentials. 2022 Point-in-Time-Data Population: 81,708 Number of Households: 34,388 Median Household Income: $79,420(state average: 59„3o3) Labor Force Participation Rate. 62%(state average.601%) ALIKE Households: 33% (state average 339/'6) Households in Poverty: 10%(state average 13%) 19 of 41 NUMBER OF HOUSEHOLDS i RERCIEINTAGE OF HOUSEHOLDS I 'I11,arsrJ 2,000 J narcvv v 'I L,CIrJw7 i .,bnu,,,cm.ro,.wmwno nu c .T.. �,LCIFJ 4,000 2,000 w� IJ 2010 2012. 2014. 2216 2018 20 1y 2021 2022 P-'i ky SW@ ALIC2: Sources:ALICE Threshold, 2010-2022;American Community Survey, 2010-2022 The Coast of Basics Outpaces Wages The Household Survival Budget Ireflects the milrnimur"m cost to live and work in the current economy aind includes housing,child care, food,transportation, health care,,technology,and taxes. It does not include savings, for ennergelnlciies or future goal) , like colllege or retirement. Ills 2022, hou ehiolld costs, in every counity in Florida were well above the Federal Poverty IL.evel of$13,590 for a single adullt and $27,750 for a famiily of four. a 11 EMMIMEMINEIM Housing-IRent $1,170 $1 "1n 2 $"1 112 $1,111112 1,449 1,449 $1,170 $11,111112 Housing Utilities $163 $258 $258 $258 $310 $31101 $1163 $258 Child Care $0 $234 $62,5 $C $469 $.1„2,58 $0 $C Food $640 $1,086 $974 $1,174 $1,974 $1„744 $5911 $11,083 Tlrari;slrpolrtatmcrn $426 $560 8560 $667 $1,076 81,076 8362 8538 Healthy,Care $176 $499 $499 $499 $813 $813 $576 $1,1511 Technology $86 $86 0E, $11116 $rub $116 $86 $11116 viiiscel1111aneous $266 $384 $411 $383 $621 $676 $295 $426 Tax Fayrnenits $433 $786 $847 $543 1,057 $1,177 $495 $804 Tax Credits $8 ($214) ('r2'17) $0 ($42.7) ($4:33') $6 $0 Morithlly Totall $3,360 $4,7911 $5,155 $4,752 $7,458 $8„178 $3,738 $5,488 ANNUAL TCIITAIL $4,13,3'20 $57,492 $611,860 $57,024 $89,496 $98,136 $44,856 $65,856 Hourly Wage $20,16 $28,75 $30,93 $28,51I $44.75 $49,07 $22,4:3' $32,93 1 2 Sources:American Community Survey, 2022;Alice Threshold, 2022. 20 of 41 Key West CCID,Monroe COUnty,Florida 14,593 44% Lowers (Keys CCID,Monroe County,Florida 5„259 38.»i: Mirddlle Keys CCD,Monroe County,Florida 4,795 46 Upper Keys CCD,1�lionroe County,(Florida 9,737 45% 1 2 Sources:American Community Survey, 2022;Alice Threshold, 2022. 3 4 B. Current Development Potential of the Property: 5 6 The portion of the Property that is within the boundaries of the proposed"Tavernier Workforce Housing 7 Subarea 1" (and the subject of this professional staff report) is located within the Suburban Commercial 8 ("SC") Land Use District and is designated Mixed Use/Commercial ("MC") on the Future Land Use 9 Map ("FLUM"). Attached and detached dwelling units that are designated as employee housing are 10 permitted within these categories. Monroe County Comprehensive Plan Policy No. 101.5.25 and Land 11 Development Code Section 130-93 impose on the Property a maximum net density of 18 dwelling units 12 per buildable acre. 13 14 The affected portion of the Property which is the subject of the Applicants' proposed amendment has a 15 total development potential of permanent dwelling units designated as employee housing as shown in 16 the table below. 17 Total Upland Area Total Buildable Acres Max Net Density 6.38 acres 5.104 91.872 dwelling units 18 19 It should be noted that the above figure represents only that part of the portion of the Property that is 20 proposed to be within the boundaries of the Applicants' proposed "Tavernier Workforce Housing 21 Subarea 1" and that the inclusion of the remaining portion of the Property and/or the property currently 22 assessed under Property ID No. 004902950-000000 would result in an increased development potential 23 as described throughout the Professional Staff Memorandum associated with Planning&Environmental 24 Resources Department File No. 2022-053. 25 26 C. Compatibility Analysis: 27 28 Professional staff have reviewed the proposed amendment for internal consistency with the Monroe 29 County Comprehensive Plan,the Tavernier Livable CommuniKeys Plan("Tavernier LCP"),the Monroe 30 County Land Development Code, and materially relevant state statutes and rules. 31 32 The Applicants' proposed amendment to the Monroe County Comprehensive Plan includes 33 changes to existing Comprehensive Plan Policies limiting the disposition of early evacuation unit 34 allocations to a 1-for-1 exchange program for banking into the County's Administrative Relief 35 Pool for reducing takings (inverse condemnation) and Bert Harris Act liability countywide. 36 21 of 41 I On May 2nd, 2018, Governor Rick Scott issued a press release outlining to the Florida Department of 2 Economic Opportunity ("DEO") a `Keys Workforce Housing Initiative' ("Initiative"). The Initiative 3 proposed by Governor Scott would allow 1,300 more Rate of Growth Ordinance allocations 4 ("ROGOs"/"BPAS allocations") throughout the Florida Keys for rental workforce housing with a 5 condition that rental occupants evacuate in the early phase (48-hour window) of a hurricane evacuation. 6 Under Governor Scott's proposal each local government would be eligible to receive up to 300 of the 7 1,300. On June 13th,2018, Governor Scott and the State Cabinet(consisting of Governor Scott,Attorney 8 General Pam Bondi, Chief Financial Officer Jimmy Patronis, and Agriculture Commissioner Adam 9 Putnam), sitting as the State Administration Commission, approved the Initiative proposed by Governor 10 Scott. 11 12 D. Mattino v. City of Marathon, 345 So. 3d 939 (Fla. Yd DCA 2022) and Subsequent Enactment of 13 Chapter 2023-17, Laws of Florida: 14 15 Several Florida Keys residents subsequently challenged the lawfulness of the City of Marathon's and 16 Village of Islamorada's adoption of local Comprehensive Plan amendments approving 300 units from 17 the Initiative to be built in Marathon and approving 300 units from the Initiative to be built in Islamorada. 18 See Mattino v. City of Marathon, 345 So. 3d 939, 943 (Fla. 3rd DCA 2022). 19 20 The Third District Court of Appeal ("Third DCA" or the "Court") ruled against the City of Marathon 21 and the Village of Islamorada on August 3rd, 2022, when it held in Mattino v. City of Marathon that 22 these local government decisions were in violation of Florida Statutes § 380.0552(9)(a)(2.). Mattino, 23 345 So. 3d at 946 ("We reverse the final order as to the cities of Marathon and Islamorada because their 24 Comprehensive Plan Amendments violate Section 380.0552(9)(a)(2.), Florida Statutes (2020), which 25 requires that `[a]mendments to local comprehensive plans in the Florida Keys ... maintain a hurricane 26 evacuation clearance time for permanent residents of no more than 24 hours."'). 27 28 After the August 2022 Court opinion issued in favor of the resident-challengers and against Marathon 29 and Islamorada in Mattino, Governor DeSantis and the Legislature then on March 29th, 2023, approved 30 and enacted Chapter 2023-17, Laws of Florida(the"Live Local Act")which saved such approvals from 31 the Third District Court of Appeal's ruling against Marathon and Islamorada in Mattino per the following 32 language: The Department of Economicp prtcunit K Workforce workforceh� lit �µ [p r ct�� p r� �� Iat r ins IT � _-to ofhurr a r : aAmen of Economic OppgartUnity to implernent the initiative is erevalid and the respective local gavern- mentsmaydopy t focal ordinances r regulations to implement such plan atnmdMenL 33 34 35 36 37 38 22 of 41 I E. Compatibility Analysis (Continued): 2 3 During the BOCC adoption hearing for BOCC Ordinance No. 005-2021, Comprehensive Plan Policy 4 101.3.12, Workforce initiative allocation awards, eligibility and requirements, it was emphasized that 5 the BOCC policy direction to utilize the 300 "early-out" allocations was to create/establish an exchange 6 program that"limits the use of the 300 early evacuation allocations only for the exchange with existing 7 affordable units/ approved affordable allocations and not for the development of new units, thereby not 8 increasing current development potential."7 9 10 The Applicants' proposal to create Workforce Housing Subarea 1 in Goal 113 and associated 11 policies which utilizes 86 workforce initiative allocation awards for new development with no 1- 12 for-1 exchange, is inconsistent with operative Comprehensive Plan Policy 101.3.12, Workforce 13 Initiative; and inconsistent with current BOCC policy direction, as no different/updated direction 14 has formally been given to staff by the BOCC as of the date of this professional staff report. It is 15 apparent that Monroe County's acceptance of the 300 workforce housing early evacuation units through 16 the establishment of the Workforce Initiative was intended to result in a net zero increase of ROGO 17 Allocations in Unincorporated Monroe County except for those to be banked into the County's 18 Administrative relief pool to be used at a later time to reduce takings liability. As proposed, the 19 amendment would result in a net decrease of 86 ROGO Allocations from the County's Administrative 20 Relief Pool and inversely, a net increase of 86 dwelling units in immediate development potential. The 21 Applicants have not proposed offering back any offsetting takings and Bert Harris Act liability 22 mitigation measures—i.e.,providing any affordable housing ROGO allocations back to the County 23 for banking into the County's Administrative Relief pool —that would mitigate the increase of 86 24 dwelling units within Unincorporated Monroe County. As of this professional staff report's date, 25 none of the 300 workforce housing early evacuation unit building permit allocations have been 26 exchanged, and, therefore, no affordable allocations have been added to the Administrative Relief Pool 27 to resolve takings and Harris Act claims pursuant to this policy. 28 29 Through this amendment,the Property which is included within the boundaries of the proposed Subarea 30 would be exempt from the requirements of Comprehensive Plan Policy 101.3.12(a) and LDC Section 31 138-24(e)(2)(a) through the Applicants' proposal to use the word `Notwithstanding'. 32 33 If adopted as proposed, all units within the proposed Tavernier Workforce Housing Subarea 1 34 would still be required to comply with the remaining requirements of Comprehensive Plan Policy 35 101.3.12(b) through(k), as follows: 36 37 ... 38 39 (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling 40 units utilizing workforce housing early evacuation unit allocations shall require approval of a 41 resolution approving a contract between the BOCC and the applicant to officially exchange the 42 allocations and confirm compliance with the requirements workforce initiative. 43 44 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 45 (1) Before any building permit may be issued for any structure,portion or phase of a project subject 46 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and 7 See Planning and Environmental Resources Department Senior Planning Policy Advisor Mayte Santamaria's PowerPoint Presentation accompanying/associated with BOCC Agenda Item No. S1. for the Monroe County Board of County Commissioners' April 21,2021,public BOCC meeting. 23 of 41 I County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with 2 the provision of this section running in favor of the County and enforceable by the County and, 3 if applicable, a participating municipality. The following requirements shall apply to these 4 restrictive covenants: 5 a. The covenants for any workforce housing early evacuation units shall be effective for 99 6 years. 7 b. The covenants shall not commence running until a certificate of occupancy has been 8 issued by the Building Official for the dwelling unit or dwelling units to which the 9 covenant or covenants apply. 10 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation 11 units, the covenants shall commence running upon recordation in the Official Records of 12 Monroe County. 13 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to 14 rental occupancy for those who derive at least 70% of their income as members of the workforce 15 in Monroe County and who meet the affordable housing income categories of the Monroe County 16 Land Development Code. The occupants are required to annually verify their employment and 17 income eligibility. 18 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a pending 19 major hurricane. Persons living in the workforce housing early evacuation units who may be 20 exempted from evacuation requirements are limited to law enforcement, correctional and fire 21 personnel, health care personnel, and public employees with emergency management 22 responsibilities. If there is an occupant that indicates their employment is considered a 'first- 23 responder position' and not included in the list of exemptions above, then the Planning Director 24 shall determine, in writing, whether the person may be exempted because of a requirement to 25 remain during an emergency. Any person claiming exemption under this provision shall submit 26 of an affidavit of qualification and faithfully certify their status with the onsite property 27 management. 28 (4) The covenants shall require rental agreements which contain a separate disclosure requiring 29 rental occupants to acknowledge the existing restrictive covenant on the unit requiring 30 evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the Phase 1 evacuation 31 requirement could result in severe penalties, including eviction, to the occupant. 32 (5) The covenants shall require onsite property managers and a separate employment disclosure 33 requiring the maintenance of training in evacuation procedures and an acknowledgement that 34 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including 35 termination. 36 37 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who derive 38 at least 70% of their income as members of the workforce in Monroe County and who meet the 39 affordable housing income categories of the Monroe County Land Development Code. Workforce 40 means individuals or families who are gainfully employed supplying goods and/or services to Monroe 41 County residents or visitors. 42 24 of 41 I (e) Workforce housing early evacuation units shall require onsite property management with property 2 managers trained in evacuation procedures and required to manage the evacuation of tenants in Phase 3 I of an evacuation. During traditional working hours,the property manager must be at an office within 4 the workforce housing early evacuation unit development subject property. Outside the traditional 5 working hours, the property manager must be available at all times to respond to evacuation orders. 6 7 (f) The property management entity for the workforce housing early evacuation units shall be required 8 to annually verify the employment and income eligibility of tenants; report the total units on the site, 9 the occupancy rates of units, and tenant compliance with the requirement to evacuate the units in 10 Phase I of an evacuation, including the number of occupants that are exempt from the evacuation 11 requirements. The property management entity must submit a report to the Planning and 12 Environmental Resources Department by May 1 of each year. Further, each lease and this annual 13 report shall be kept by the property manager and be available for inspection by the County during 14 traditional working hours. 15 16 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. 17 18 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal 19 Barrier Resource System (CBRS). 20 21 (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure 22 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted 23 LOS,paved roads, etc.). 24 25 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable federal 26 standards for accessibility for persons with disabilities (ADA Compliance). 27 28 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit 29 allocations shall incorporate sustainable and resilient design principles into the overall site design and 30 be accessible to employment centers in Key West, Stock Island and Marathon. 31 32 V.APPLICANTS' PROPOSED TEXT WITH STAFF RECOMMENDED EDITS: 33 34 Department professional staff have reviewed the Applicants' proposed text and, if approved, 35 recommends the following edits at this time in order to provide for internal consistency with the adopted 36 Comprehensive Plan and Land Development Code. The Applicants' proposed text, as submitted on July 37 31, 2024, is shown as follows: Additions are in blue underline. Department professional staff- 38 recommended edits are shown in recl uncicrHnc and deletions are ,,�f:ie en fliF iig4i 41 Fed. 39 GOAL, 71713 40 Monroe Count shall many re future rrowtli to enhance tyre a ull it of life and safe- of Countv residents 41 nd fi�:r icy �t�z�_tl�re_J?��_v_�sion of �_vc�i�l�force_housin tlr�t_�s_s�� c��c��u�?��.�t�_and lesilient rl,o 42 incentivize the say lV (Iffil iccrcss flic un icflc ucltc (1V(1H iNH: of workforce liousinr near Upp S .y . 25 of 41 | employment centers the Count sh" provide forthe develo, 0ment of site-soecific la.nd use mechanisms, 2 3 4 5 6 7 8 �ng �fi fi 9 |0 Ta.vernier. I the dev�LLoplIL!�pLi'es'Li'ic,tions and a1lowances forthe subarea site. |2 |3 |4 |5 |6 V |7 |8 |9 p� 20 Road and Recorded �n Nat Book at Pag� s2l'the PuN�c R ecords ol'M onroc County, 2| MAI 4 W49 71 41 qF 41 41 22 � 26of4| 1 2. Rate of(irowth Ordinance Allocations. 2 a- Notwithstanding Comprehensive Plan f��ofJ�tj'� N H6 Les 10 a 1 �312 m 0 cl � � 3 �2(h) .�Lnd 3 I C Secti . s-13 - z!Le L2)jg,)2 m(l Tavernier Workforce Flous'_2p ...�a � ----------------------------------------igg 4 Subarea. I shall be eligible to receive !jp IS2 LijlY[L-_sixJ86 RQQ0 allocations by means 5 of: 6 i. Aw9j.-of workForce liou--- sit fly----------------- 7 allocations From Monroe Co lq LL _y I __L)urs gant-to--tlie-Work force-Afford able-Ho usiiig 8 111itiLatr_v_g,_1s_gLv__e_d_�y --gf a-BOCC eso-Iu tioti_._T_'_i _BQ CC i1a --t-s--d-i-s-c-r-e--i-Q L1. 9 place conditions-on flie-reservation.. 10 Ple 41eoglle ei�efffjes 1of:flle S�IiH eoflsistol�' q41oaIeFite 11 ineome ................ 12 13 14 Feeotllhtffed ,yifli4i flie fft2t2tL!Y so is�o ensi)Fe oeelqxm�(,S) ein mee Elie 4ieome 15 14 flie IH14 oeetltiek�� 16 ii 411d e!tk�y_s x (�) WoF14'of:eIl 1011sfflt MWei,tions I)We�Hng !jLl is flllt aIre 17 constm accl mcl/or cleecl restrictecl wWi worldorce �,Ifly �YIcmltwn 18 biJkflu)- [,?emlut 'fflogifions 19 evacuation of a. Dendin ,, major hurricane ursuant to Policies 101.3.2. 10133 20 and 101.3.12. 21 work forceligg5_Lngeifly sliall 22 be restricted to rental oc-u.a.ncv for those who derive at least 701/0 of their income 23 as members of the workforce in Monroe Count and who meet the affordable 24 1101 1,Ls_LLig_Ln�j(21 the Monroe Coun, end Devel i�Q s . ijgn----------------------LLy---------------9VL 25 See Monroe Co!)!!fiY 26 �Imen(kllen�s tar flie MonFoe Golin�y La�� Et)g!Iff6tllsive pkin: 27 2 See Ma)nFoe C()104Y B()HF(p (4 C, ORWHINee No 28 tar flie Monf:oe Goiit4y kind I)eveWtwiet4 Code: 29 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 30 MONROE COUNTY LAND DEVELOPMENT CODE, THE PRINCIPLES FOR 31 GUIDING DEVELOPMENT,AND PART 11, CHAPTER 163,FLORIDA STATUTES: 32 33 A. The Proposed Amendment with Staff-Recommended Edits Is Consistent with the Following 34 Goals, Objectives and Policies of the Monroe County Comprehensive Plan: 35 36 Policy 101.2.2 37 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and 38 Division of Emergency Management to update the variables and assumptions for the evacuation 39 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical 40 State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed 27 of 41 I hurricane evacuation clearance time modeling by the State Land Planning Agency, which 2 incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 3 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, 4 while maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate of 5 annual allocations for market rate development to extend the allocation timeframe to 2026 without 6 exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate the annual 7 ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time 8 requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency 9 and Division of Emergency Management; and 3) a new or revised memorandum of understanding 10 with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, 11 Key West, Key Colony Beach and Layton (see Policy 101.2.1). 12 13 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe 14 County shall establish a new allocation category to accept and award 300 workforce housing early 15 evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative 16 (Policy 101.3.12 Workforce Initiative). These allocations are in addition to the maximum allocations 17 identified in F.A.C. Rules 28-20, and shall be required to evacuate in Phase 1 of the 48-hour 18 evacuation of a pending major hurricane. 19 Policy 101.2.4 20 In the event of a pending major hurricane (Category 35) Monroe County shall implement the 21 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane 22 evacuation clearance time for the resident population. 23 24 i. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- 25 residents,visitors,recreational vehicles (RVs),travel trailers, live-aboard vessels (transient and non- 26 transient), military personnel, units approved, and deed restricted as workforce housing early 27 evacuation units from the Florida Keys shall be initiated. State parks and campgrounds should be 28 closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly 29 limited. 30 ii. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile 31 home residents, special needs residents, and hospital and nursing home patients from the Keys shall 32 be initiated. 33 iii. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of 34 permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation 35 zones are as follows: 36 1. Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) 37 2. Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) 38 3. Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) 39 4. Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-106.5 and 40 MM 1-9.5 of CR 905) 41 5. Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5) 42 The actual sequence of the evacuation by zones will vary depending on the individual storm. The 43 concepts embodied in this staged evacuation procedures should be embodied in the appropriate 44 County operational Emergency Management Plans. 45 28 of 41 I The evacuation plan shall be monitored and updated on an annual basis to reflect increases,decreases 2 and or shifts in population;particularly the resident and non-resident populations. 3 4 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of 5 allocations to more than 197 residential units a year, except for affordable housing. Any increase in 6 the number of allocations shall be for affordable housing. Monroe County hereby accepts 300 7 workforce (affordable) housing early evacuation unit building permit allocations pursuant to the 8 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) authorized by the 9 Florida Administration Commission and the Florida Department Economic Opportunity. These 10 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C., shall be 11 restricted to rental occupancy for those who derive at least 70% of their income as members of the 12 workforce in Monroe County and who meet the affordable housing income categories of the Monroe 13 County Land Development Code. The allocations shall be required to evacuate in Phase 1 of the 48- 14 hour evacuation of a pending major hurricane. No new additional residential dwelling unit 15 allocations shall be authorized within the Phase 1 of the 48-hour evacuation unless approved and 16 provided by the Florida Administration Commission and the Florida Department Economic 17 Opportunity after review of hurricane evacuation modeling results by the State Land Planning 18 Agency and the Division of Emergency Management of available evacuation capacity and a review 19 of the level of service and available capacity for all public facilities. 20 21 Policy 101.3.10 22 Notwithstanding any other provision of the Plan, except the last sentence of this Policy 101.3.10, 23 building allocations utilized for affordable housing proj ects maybe pooled and transferred between 24 ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea, and between local 25 government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any 26 such transfer of affordable housing allocations between local government jurisdictions must be 27 accomplished through an interlocal agreement between the sending and receiving local 28 governments. Interlocal agreements that involve assigning the County's affordable housing (not 29 including affordable housing allocations banked for takings cases) allocations to existing dwelling 30 units within a municipality with a requirement that the associated market rate ROGO/BPAS 31 exemptions be transferred into the unincorporated County as an exchange for the affordable 32 housing allocations transferred to the municipality, shall be accomplished through a minor 33 conditional use permit approval and shall be subject to the receiver site criteria in Policy 101.6.8 34 and may be transferred to any subarea within the unincorporated County. In no event shall the 35 County (1)pool and transfer workforce housing early evacuation unit allocations between ROGO 36 sub-areas, (2)transfer workforce housing early evacuation unit allocations to another government 37 jurisdiction, (3)receive workforce housing early evacuation unit building allocations from another 38 government jurisdiction, or (4) transfer affordable housing ROGO allocations received by the 39 County in exchange for workforce housing early evacuation unit allocations to another government 40 jurisdiction. 41 42 Policy 101.3.11 43 Monroe County may receive additional building permit allocations pursuant to the 2012 completed 44 hurricane evacuation clearance time modeling and allocation recommendations by the State Land 45 Planning Agency and the Administration Commission's direction that the City of Key West transfer 46 annually (by July 15th) any remaining unused allocations for that year to the other Florida Keys' 47 local governments based upon the local governments' ratio of vacant land. Any transferred 48 allocations from the City of Key West to Monroe County shall be made available for 49 Administrative Relief. Monroe County may receive, and award 300 building permit allocations 29 of 41 I designated as workforce housing early evacuation units pursuant to the Workforce-Affordable 2 Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida 3 Administration Commission and the Florida Department Economic Opportunity. These allocations 4 that are in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be 5 required to evacuate in Phase 1 of the 48-hour evacuation of a pending major hurricane. 6 7 Goal 601 8 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and 9 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the 10 population based on type, tenure characteristics, unit size and individual preferences. [F.S. § 11 163.3177(6)(f)l., 3.] 12 13 Policy 601.1.1 14 Monroe County shall maintain land development regulations, in conjunction with the Permit 15 Allocation System, for apportioning future affordable housing development. 16 17 Policy 601.1.8 18 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established 19 by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units, 20 as specified in Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the 21 criteria established in the Land Development Code. Monroe County may award 300 additional 22 building permit allocations designated as workforce housing early evacuation units pursuant to the 23 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the 24 Florida Administration Commission and the Florida Department Economic Opportunity. These 25 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C., are 26 restricted to rental occupancy for those who derive at least 70% of their income as members of the 27 workforce in Monroe County and who meet the affordable housing income categories of the Monroe 28 County Land Development Code, and shall be required to evacuate in Phase 1 of the 48-hour 29 evacuation of a pending major hurricane. 30 31 Policy 601.1.9 32 Monroe County shall maintain land development regulations which may include density bonuses, 33 impact fee waiver programs, and other possible regulations to encourage affordable housing. 34 35 Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan 36 The Property is subject to the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master 37 Plan. In accordance with Comprehensive Plan Policy 101.19.2, the Community Master Plans shall 38 be incorporated into the 2030 Comprehensive Plan as a part of the plan and be implemented as part 39 of the Comprehensive Plan. 40 41 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11, 42 2005 and adopted by the Board of County Commissioners on February 16, 2005 through Ordinance 43 002-2005 is incorporated by reference into the Comprehensive Plan. The term Strategies in the 44 Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item 45 is equivalent to the term Policy;the meanings and requirements for implementation are synonymous. 46 47 Goal One 48 Direct future growth to lands that are most suitable for development, prevent sprawl into less 49 developed Areas and encourage preservation of environmentally sensitive lands. 30 of 41 I Strategy 1.3 2 Review and evaluate the land use designation of lawfully established non-conforming land uses and 3 structures within the planning area to determine appropriate designation. 4 5 Action Item 3.1.1: Designate a "Community Center" from MM 91 to Burton Dr. pursuant to 6 Policy 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged. 7 8 Goal Five 9 Maintain the availability of housing that is affordable for local residents and the workforce while 10 preserving the character of the community. 11 12 Strategy 5.1 Promote employee housing above and in conjunction with commercial buildings in the 13 Community Center Overlay district, as this planning area has capacity to add some employee- 14 housing units based on the commercial floor area ratio of the different commercial parcels. 15 16 Action Item 5.1.1: Work with businesses in the area when they are ready to develop and redevelop 17 to identify if the site could also be used to provide employee housing and explain the county 18 incentives for providing affordable employee housing. 19 20 Strategy 5.2 Encourage the development and redevelopment of commercial and mixed-use zoned 21 land for employee housing. 22 23 B. The Proposed Amendment Is Not Consistent with the Following Monroe County 24 Comprehensive Plan Policy/Provision: 25 26 Monroe County Comprehensive Plan Policy 101.3.12: 27 28 Workforce Initiative. To support Monroe County's workforce by alleviating constraints on 29 affordable housing, to protect private property rights and address potential liability, the County is 30 participating in the Workforce-Affordable Housing Initiative (Workforce Initiative), as approved 31 during the June 13, 2018 meeting of the Florida Administration Commission. Monroe County 32 accepts the 300 workforce housing early evacuation building permit allocations pursuant to the 33 Workforce-Affordable Housing Initiative authorized by the Florida Administration Commission and 34 the Florida Department Economic Opportunity. The Workforce-Affordable Housing Initiative will 35 require dwelling units constructed and/or deed restricted with workforce housing early evacuation 36 building permit allocations to evacuate occupants in Phase 1 of the 48-hour evacuation of a pending 37 major hurricane,pursuant to the criteria below. 38 39 To participate in the Workforce Initiative, Monroe County shall be responsible for the management, 40 distribution, and enforcement of requirements associated with the workforce housing early 41 evacuation building permit allocations. Monroe County shall ensure adherence to these requirements 42 through implementation of this policy and shall annually provide to the Florida Department 43 Economic Opportunity a report indicating the number of workforce housing early evacuation units 44 built and/or deed restricted, occupancy rates, and compliance with the requirement to evacuate the 45 units in Phase I of an evacuation. The annual report shall be provided to the State in a timely manner 46 such that the State may include the information in the required Annual Report to the Governor and 47 Cabinet on the County's progress toward completion of its Work Program pursuant to Rule 28-20, 48 F.A.C. 49 31 of 41 I Dwelling units developed and/or deed restricted utilizing the workforce housing early evacuation 2 unit allocations are subject to the following: 3 4 (a) Requests for workforce housing early evacuation unit allocations shall be available only for 5 a 1 for 1 exchange for affordable allocations/exemptions and require a reservation via BOCC 6 resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems 7 appropriate. The BOCC may, at its discretion, exchange existing reserved affordable allocations 8 for allocations under the Workforce Initiative to private development and nonprofit sector 9 partners willing to meet the requirements of the workforce housing early evacuation unit 10 allocations. Further, the BOCC may, at its discretion, approve the exchange of existing deed- II restricted affordable housing units (lawful affordable exemptions) at existing multifamily 12 residential developments for allocations under the Workforce Initiative to private development 13 and nonprofit sector partners willing to meet the requirements of the workforce housing early 14 evacuation unit allocations. 15 (1) The affordable allocations returned to the County in exchange for workforce 16 housing early evacuation unit allocations shall be banked and used for future 17 administrative relief, beneficial use determinations and to resolve inverse 18 condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act 19 cases. 20 (2) To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the affordable allocations 21 returned to the County shall be maintained as affordable allocations and shall also be 22 returned to the original affordable housing category (very low/low/median income vs. 23 moderate income pool). 24 (3) The workforce housing early evacuation unit allocations must be utilized based on the 25 original approved affordable housing income category or a lesser income category. 26 (4) Administrative relief means actions taken by the County granting the owner of real 27 property relief from the continued application of the Rate of Growth Ordinance (ROGO) 28 restrictions provided they meet the criteria established in the Comprehensive Plan and 29 Land Development Code. 30 (5) Beneficial use means the use of property that allows an owner to derive a benefit or profit 31 in the exercise of a basic property right. For the purpose of this policy, beneficial use 32 shall mean the minimum use of the property necessary to avoid the finding of a regulatory 33 taking under current land use case law. 34 (b) The construction of dwelling units,the redevelopment or the deed restriction of existing dwelling 35 units utilizing workforce housing early evacuation unit allocations shall require approval of a 36 resolution approving a contract between the BOCC and the applicant to officially exchange the 37 allocations and confirm compliance with the requirements Workforce Initiative within this 38 Policy. 39 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 40 (1) Before any building permit may be issued for any structure,portion or phase of a project 41 subject to the Workforce Initiative, a restrictive covenant shall be approved by the 42 Planning Director and County Attorney and recorded in the Office of the Clerk of the 43 County to ensure compliance with the provision of this section running in favor of the 32 of 41 I County and enforceable by the County and, if applicable, a participating municipality. 2 The following requirements shall apply to these restrictive covenants: 3 a. The covenants for any workforce housing early evacuation units shall be effective 4 for 99 years. 5 b. The covenants shall not commence running until a certificate of occupancy has been 6 issued by the Building Official for the dwelling unit or dwelling units to which the 7 covenant or covenants apply. 8 c. For existing dwelling units that are deed-restricted as workforce housing early 9 evacuation units, the covenants shall commence running upon recordation in the 10 Official Records of Monroe County. 11 (2) The covenants shall require that the workforce housing early evacuation units to be 12 restricted to rental occupancy for those who derive at least 70% of their income as 13 members of the workforce in Monroe County and who meet the affordable housing 14 income categories of the Monroe County Land Development Code. The occupants are 15 required to annually verify their employment and income eligibility. 16 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour evacuation 17 of a pending major hurricane. Persons living in the workforce housing early evacuation 18 units who may be exempted from evacuation requirements are limited to law 19 enforcement,correctional and fire personnel,health care personnel, and public employees 20 with emergency management responsibilities. If there is an occupant that indicates their 21 employment is considered a 'first-responder position' and not included in the list of 22 exemptions above, then the Planning Director shall determine, in writing, whether the 23 person may be exempted because of a requirement to remain during an emergency. Any 24 person claiming exemption under this provision shall submit of an affidavit of 25 qualification and faithfully certify their status with the onsite property management. 26 (4) The covenants shall require rental agreements which contain a separate disclosure 27 requiring rental occupants to acknowledge the existing restrictive covenant on the unit 28 requiring evacuation in Phase 1 of the 48-hour evacuation and that failure to adhere to 29 the Phase 1 evacuation requirement could result in severe penalties, including eviction, 30 to the occupant. 31 (5) The covenants shall require onsite property managers and a separate employment 32 disclosure requiring the maintenance of training in evacuation procedures and an 33 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could 34 result in severe penalties, including termination. 35 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who 36 derive at least 70% of their income as members of the workforce in Monroe County and who 37 meet the affordable housing income categories of the Monroe County Land Development Code. 38 Workforce means individuals or families who are gainfully employed supplying goods and/or 39 services to Monroe County residents or visitors. 40 (e) Workforce housing early evacuation units shall require onsite property management with 41 property managers trained in evacuation procedures and required to manage the evacuation of 42 tenants in Phase I of an evacuation. During traditional working hours,the property manager must 43 be at an office within the workforce housing early evacuation unit development subject property. 33 of 41 I Outside the traditional working hours, the property manager must be available at all times to 2 respond to evacuation orders. 3 (f) The property management entity for the workforce housing early evacuation units shall be 4 required to annually verify the employment and income eligibility of tenants; report the total 5 units on the site, the occupancy rates of units, and tenant compliance with the requirement to 6 evacuate the units in Phase I of an evacuation, including the number of occupants that are exempt 7 from the evacuation requirements. The property management entity must submit a report to the 8 Planning and Environmental Resources Department by May 1 of each year. Further, each lease 9 and this annual report shall be kept by the property manager and be available for inspection by 10 the County during traditional working hours. 11 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. 12 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal 13 Barrier Resource System (CBRS). 14 (i) Workforce housing early evacuation units shall be located on a property which has all 15 infrastructure available (potable water, adequate wastewater treatment and disposal wastewater 16 meeting adopted LOS,paved roads, etc.). 17 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable 18 federal standards for accessibility for persons with disabilities (ADA Compliance). 19 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation 20 unit allocations shall incorporate sustainable and resilient design principles into the overall site 21 design and be accessible to employment centers in Key West, Stock Island and Marathon. 22 23 C. The Proposed Amendment(with staff-recommended edits) Is Not Consistent with Monroe 24 County Land Development Code Sections 138-24(e)(2)(a.) and 138-24(e)(2)(k.): 25 26 Monroe County Land Development Code Sections 138-24(e)(2)(a.) and 138-24(e)(2)(k.): 27 28 Workforce Initiative Allocation Awards,Eligibility and Requirements. 29 30 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation 31 category to award 300 workforce housing early evacuation unit building permit allocations 32 pursuant to the Workforce-Affordable Housing Initiative (workforce initiative). The Workforce- 33 Affordable Housing Initiative will require dwelling units constructed and/or deed restricted with 34 workforce housing early evacuation building permit allocations to evacuate occupants in Phase 35 1 of the 48-hour evacuation of a pending major hurricane. 36 37 (2) Dwelling units developed and/or deed restricted utilizing the workforce initiative allocations are 38 subject to the following: 39 a. Requests for workforce housing early evacuation unit allocations shall be available 40 only for a 1 for 1 exchange for affordable allocations/exemptions and require a 41 reservation via BOCC resolution. The BOCC may, at its discretion, place conditions on 42 any reservation as it deems appropriate. The BOCC may, at its discretion, exchange 43 existing reserved affordable allocations for allocations under the workforce initiative to 44 private development and nonprofit sector partners willing to meet the requirements of the 34 of 41 I workforce housing early evacuation unit allocations. Further, the BOCC may, at its 2 discretion, approve the exchange of existing deed-restricted affordable housing units 3 (lawful affordable exemptions) at existing multifamily residential developments for 4 allocations under the workforce initiative to private development and nonprofit sector 5 partners willing to meet the requirements of the workforce housing early evacuation unit 6 allocations. 7 1. The affordable allocations returned to the county in exchange for 8 workforce housing early evacuation unit allocations shall be banked 9 and used for future administrative relief, beneficial use 10 determinations and to resolve inverse condemnation cases and Bert J. 11 Harris, Jr. Private Property Rights Protection Act cases. 12 2. To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the 13 affordable allocations returned to the county shall be maintained as 14 affordable allocations and shall also be returned to the original affordable 15 housing income category (very low/low/median income vs. moderate 16 income pool). 17 3. The workforce housing early evacuation unit allocations must be utilized 18 based on the original approved affordable housing income category or a 19 lesser income category. 20 4. Administrative relief means actions taken by the county granting the 21 owner of real property relief from the continued application of the Rate of 22 Growth Ordinance (ROGO) restrictions provided they meet the criteria 23 established in the Comprehensive Plan and Land Development Code. 24 5. Beneficial use means the use of property that allows an owner to derive a 25 benefit or profit in the exercise of a basic property right. For the purpose 26 of this policy, beneficial use shall mean the minimum use of the property 27 necessary to avoid the finding of a regulatory taking under current land 28 use case law. 29 b. The construction of dwelling units, the redevelopment or the deed restriction of existing 30 dwelling units utilizing workforce housing early evacuation unit allocations shall require 31 approval of a resolution approving a contract between the BOCC and the applicant to 32 officially exchange the allocations and confirm compliance with the requirements 33 workforce initiative. 34 c. All workforce housing early evacuation units require a deed-restriction ensuring: 35 1. Before any building permit may be issued for any structure, portion or 36 phase of a project subj ect to the workforce initiative, a restrictive covenant 37 shall be approved by the Planning Director and County Attorney and 38 recorded in the office of the Clerk of the County to ensure compliance 39 with the provision of this section running in favor of the county and 40 enforceable by the county and, if applicable, a participating municipality. 41 The following requirements shall apply to these restrictive covenants: 42 i. The covenants for any workforce housing early evacuation units 43 shall be effective for 99 years. 35 of 41 I ii. The covenants shall not commence running until a certificate of 2 occupancy has been issued by the Building Official for the 3 dwelling unit or dwelling units to which the covenant or covenants 4 apply. 5 iii. For existing dwelling units that are deed-restricted as workforce 6 housing early evacuation units, the covenants shall commence 7 running upon recordation in the official records of Monroe 8 County. 9 2. The covenants shall require that the workforce housing early evacuation 10 units to be restricted to rental occupancy for those who derive at Least 70% 11 of their income as members of the workforce in Monroe County and who 12 meet the affordable housing income categories of the Monroe County 13 Land Development Code. The occupants are required to annually verify 14 their employment and income eligibility. 15 3. The covenants shall require occupants to evacuate in Phase 1 of the 48- 16 hour evacuation of a pending major hurricane. Persons living in the 17 workforce housing early evacuation units who may be exempted from 18 evacuation requirements are limited to law enforcement, correctional and 19 fire personnel, health care personnel, and public employees with 20 emergency management responsibilities. If there is an occupant that 21 indicates their employment is considered a "first-responder position" and 22 not included in the list of exemptions above, then the Planning Director 23 shall determine, in writing, whether the person may be exempted because 24 of a requirement to remain during an emergency. Any person claiming 25 exemption under this provision shall submit an affidavit of qualification 26 and faithfully certify their status with the onsite property management. 27 4. The covenants shall require rental agreements which contain a separate 28 disclosure requiring rental occupants to acknowledge the existing 29 restrictive covenant on the unit requiring evacuation in Phase 1 of the 48- 30 hour evacuation and that failure to adhere to the Phase 1 evacuation 31 requirement could result in severe penalties, including eviction, to the 32 occupant. 33 5. The covenants shall require onsite property managers and a separate 34 employment disclosure requiring the maintenance of training in 35 evacuation procedures and an acknowledgement that failure to adhere to 36 the Phase 1 evacuation requirement could result in severe penalties, 37 including termination. 38 39 d. Workforce housing early evacuation units shall be restricted to rental occupancy for those 40 who derive at least 70% of their income as members of the workforce in Monroe County 41 and who meet the affordable housing income categories of the Monroe County Land 42 Development Code. Workforce means individuals or families who are gainfully 43 employed supplying goods and/or services to Monroe County residents or visitors. 36 of 41 I e. Workforce housing early evacuation units shall require onsite property management with 2 property managers trained in evacuation procedures and required to manage the 3 evacuation of tenants in Phase I of an evacuation. During traditional working hours, the 4 property manager must be at an office within the workforce housing early evacuation unit 5 development subject property. Outside the traditional working hours, the property 6 manager must be available at all times to respond to evacuation orders. 7 f. The property management entity for the workforce housing early evacuation units shall 8 be required to annually verify the employment and income eligibility of tenants; report 9 the total units on the site, the occupancy rates of units, and tenant compliance with the 10 requirement to evacuate the units in Phase 1 of an evacuation, including the number of 11 occupants that are exempt from the evacuation requirements. The property management 12 entity must submit a report to the Planning and Environmental Resources Department by 13 May 1 of each year. Further,each lease and this annual report shall be kept by the property 14 manager and be available for inspection by the county during traditional working hours. 15 g. Workforce housing early evacuation units shall be located within an area designated as 16 Tier III. 17 h. Workforce housing early evacuation units shall not be located in the V-zone or within a 18 Coastal Barrier Resource System (CBRS). 19 i. Workforce housing early evacuation units shall be located on a property which has all 20 infrastructure available (potable water, adequate wastewater treatment and disposal 21 wastewater meeting adopted LOS,paved roads, etc.). 22 j. All workforce housing early evacuation units must demonstrate compliance with all 23 applicable federal standards for accessibility for persons with disabilities (ADA 24 compliance). 25 k. To the greatest extent practicable, a development utilizing workforce housing early 26 evacuation unit allocations shall incorporate sustainable and resilient design principles 27 into the overall site design and be accessible to employment centers in Key West,Stock 28 Island and Marathon. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 37 of 41 I D. The Proposed Amendment (with staff-recommended edits) Is Not Inconsistent with the 2 Principles for Guiding Development for the Florida Keys Area, Section 380.0552, Florida 3 Statutes: 4 5 The Principles for Guiding Development state the following: (L" I VI IP1. 8 FOP, nIMN EV P L4T. tate, re �ion,aL, and toc l� agencies and units f governmentin rm� °fie s re ry l w� '�� ml cordiate their plans and conduct their programs and regulatory activities consistent with the Principles for guiding development as specified in chapter 27 -8, Florida Administrative Code„ as amended effective August 23„ 1984, which is adlopted and incorporated herein by reference. For the urposes of reieviri the cumsitenc f tlhe ado teld flan, or as amendments to that pLan, with the phiricilples fo sluidi t dev, merit, and any amendments to the priincipLes, cific rovisi ns, may not he construed or aMied in iscitation from the rather [A]ny plan amendments must be consistent with the following principles: 10 (a) Strengthening local government capabilities for managing land use and development so that local 11 government is able to achieve these objectives without continuing the area of critical state concern 12 designation. 13 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 14 beds,wetlands, fish and wildlife, and their habitat. 15 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 16 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and 17 their habitat. 18 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 19 development. 20 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 21 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and 22 ensuring that development is compatible with the unique historic character of the Florida Keys. 23 (g) Protecting the historical heritage of the Florida Keys. 24 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 39 public investments,including: 27 1. The Florida Keys Aqueduct and water supply facilities; 28 2. Sewage collection, treatment, and disposal facilities; 29 3. Solid waste treatment, collection, and disposal facilities; 30 4. Key West Naval Air Station and other military facilities; 31 5. Transportation facilities; 32 6. Federal parks,wildlife refuges, and marine sanctuaries; 33 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 34 8. City electric service and the Florida Keys Electric Co-op; and �9 9. Other utilities, as appropriate. 37 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, 38 and replacement of stormwater management facilities; central sewage collection; treatment and 39 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 40 treatment and disposal systems. 41 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 42 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 43 as applicable, and by directing growth to areas served by central wastewater treatment facilities 44 through permit allocation systems. 45 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 46 Keys. 38 of 41 1 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 2 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 3 or manmade disaster and for a post disaster reconstruction plan. 4 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 5 the Florida Keys as a unique Florida resource. 6 7 The proposed amendment is not inconsistent with the Principles for Guiding Development as a 8 whole. 9 10 E. The Proposed Amendment (with staff-recommended edits) Is Consistent with Part II, 11 Chapter 163, Florida Statutes, Specifically as Follows: 12 13 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 14 enhance present advantages; encourage the most appropriate use of land, water, and resources, 15 consistent with the public interest; overcome present handicaps; and deal effectively with future 16 problems that may result from the use and development of land within their jurisdictions. Through 17 the process of comprehensive planning, it is intended that units of local government can preserve, 18 promote, protect, and improve the public health, safety, comfort, good order, appearance, 19 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 20 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing, 21 and other requirements and services; and conserve, develop, utilize, and protect natural resources 22 within their jurisdictions. 23 24 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status 25 set out in this act and that no public or private development shall be permitted except in conformity 26 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with 27 this act. 28 29 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 30 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 31 development of the area that reflects community commitments to implement the plan and its elements. 32 These principles and strategies shall guide future decisions in a consistent manner and shall contain 33 programs and activities to ensure comprehensive plans are implemented. The sections of the 34 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, 35 and policies, shall describe how the local government's programs, activities, and land development 36 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 37 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations 38 in the comprehensive plan but rather to require identification of those programs, activities, and land 39 development regulations that will be part of the strategy for implementing the comprehensive plan 40 and the principles that describe how the programs, activities, and land development regulations will 41 be carried out. The plan shall establish meaningful and predictable standards for the use and 42 development of land and provide meaningful guidelines for the content of more detailed land 43 development and use regulations. 44 45 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in 46 conformity with this act, all development undertaken by, and all actions taken in regard to 47 development orders by, governmental agencies in regard to land covered by such plan or element 48 shall be consistent with such plan or element as adopted. 49 50 (b) All land development regulations enacted or amended shall be consistent with the adopted 51 comprehensive plan, or element or portion thereof, and any land development regulations existing at 52 the time of adoption which are not consistent with the adopted comprehensive plan, or element or 53 portion thereof,shall be amended so as to be consistent.If a local government allows an existing land 39 of 41 I development regulation which is inconsistent with the most recently adopted comprehensive plan, or 2 element or portion thereof, to remain in effect, the local government shall adopt a schedule for 3 bringing the land development regulation into conformity with the provisions of the most recently 4 adopted comprehensive plan, or element or portion thereof. During the interim period when the 5 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the 6 land development regulations are inconsistent, the provisions of the most recently adopted 7 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an 8 application for a development order. 9 10 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 11 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 12 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 13 development of lands and waters within an area. It is the intent of this act that the adoption and 14 enforcement by a governing body of regulations for the development of land or the adoption and 15 enforcement by a governing body of a land development code for an area shall be based on,be related 16 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 17 18 163.3202, F.S.—Land development regulations.- 19 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for 20 review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce 21 land development regulations that are consistent with and implement their adopted comprehensive 22 plan. 23 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land 24 development regulations. 25 26 VIL PROCESS: 27 28 Monroe County Comprehensive Plan amendments may be proposed by the Board of County 29 Commissioners, Planning Commission, the Planning Director, or the owner or other person having a 30 contractual interest in property to be affected by a proposed amendment. The Planning Director shall 31 review and process applications as they are received and pass them onto the Development Review 32 Committee and Planning Commission. 33 34 The Monroe County Planning Commission shall hold at least one (1) public hearing. The Planning 35 Commission shall review the application, the reports and recommendations of the Planning & 36 Environmental Resources Department and the Development Review Committee and the testimony given 37 at the public hearing. The Planning Commission shall submit its recommendations and findings to the 38 Board of County Commissioners. The BOCC holds a public hearing to consider the transmittal of the 39 proposed Comprehensive Plan amendment, and considers the Department's professional staff report,the 40 Department's professional staff recommendation, and the testimony received at the public hearing. The 41 BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is 42 then transmitted to State Land Planning Agency, which then reviews the proposal and issues an 43 Objections, Recommendations and Comments ("ORC") Report. Upon receipt of the ORC Report, the 44 County has 180 days to adopt the amendment, adopt the amendment with changes, or not adopt the 45 amendment. 46 47 VIIL PROFESSIONAL STAFF RECOMMENDATION: 48 49 Under the current adopted regulations in place, approved pursuant to Ordinance No. 005-2021, including 50 Monroe County Comprehensive Plan Policy 101.3.12(a), and without any official direction at this time 51 from the BOCC to change policy course, the Applicants' proposed amendment that would allow for 40 of 41 I them to engage in development using 86 Early Evacuation Unit ROGO Allocations without complying 2 with the operative takings and Harris Act mitigation reduction requirement to return an equal number of 3 affordable ROGO allocations to the County in conformity with the established 1-for-1 exchange program 4 would not be consistent with the adopted Comprehensive Plan. Professional staff acknowledges that, 5 therefore, the recommendation should accordingly be denial. 6 7 This said, the Planning & Environmental Resources Department also acknowledges that the following 8 is materially relevant: 9 10 • Professional staff agree with the Applicants' assertion that housing stock in Monroe County offers 11 inadequate affordable housing—this is true and accurate and is an issue in Monroe County, and the 12 subject 86 Early Evacuation Unit ROGO Allocations are developable for workforce housing only. 13 • In 2020-21 the unincorporated County had a balance of affordable housing ROGO allocations in 14 excess of those requested for development projects at that time. At this time the unincorporated 15 County has approximately two (2) affordable ROGO allocations remaining, accounting for existing 16 affordable ROGO reservations approved by the BOCC and for building permit applications currently 17 in process. 18 • As of this professional staff report's date, none of the 300 workforce housing early evacuation unit 19 building permit allocations have been exchanged, and,therefore,no affordable allocations have been 20 added to the Administrative Relief Pool to resolve takings and Harris Act claims pursuant to this 21 policy. 22 23 If the Board of County Commissioners ("BOCC") approves direction to Planning & Environmental 24 Resources Department professional staff to change course to allow utilization of the subject 86 Early 25 Evacuation Unit ROGO Allocations without the required 1-for-1 takings and Harris Act liability 26 reduction exchange, Department professional staff would recommend approval WITH STAFF- 27 RECOMMENDED EDITS to the Monroe County Comprehensive Plan to establish Goal 113, 28 Objective 113.1, and the site-specific subarea Policy 113.1.1 ("Tavernier Workforce Housing Subarea 29 1"). 30 31 IX.ATTACHED AND INCORPORATED EXHIBIT: 32 33 1. Official Monroe County Planning and Environmental Resources Department Memorandum 34 issued on March 15, 2024, to Bart Smith, Esq., of Smith Hawks P.L., authorized agent for and 35 counsel representing the property owner(s) and developer(s). 41 of 41 Exhibit 1 . (March 15 t'', 2024 Memorandum) ` fJ 8 f ll,l0 MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT From: Emily Schemper, A.LC.P., C.F.M. "='s Senior Director,Monroe County Planning &Environmental Resources Department To: Barton Smith, Esq. Smith/Hawks P.L. Date: March 15, 2024 Subject: Proposed Comprehensive Plan Amendment Seeking a Subarea Policy to Change Existing Comprehensive Plan Policies Limiting Disposition ofEarly Evacuation Unit Allocations to ]-for-] Exchange Program for Banking Into Administrative Relief Pool for Takings and Bert Harris Act Liability Reduction Countywide(File 2023-205) 1 I PURPOSE 2 3 This memorandum is to memorialize my determination pursuant to Land Development Code Section 102- 4 159(b)(1) that the amendment(s) (i.e., changes)you have proposed (File 2023-205) to the Monroe County 5 Year 2030 Comprehensive Plan shall have a county-wide impact. 6 7 II ANALYSIS 8 9 Pursuant to the Comprehensive Plan (CP) policies approved by the Board of County Commissioners 10 through its adoption of Ordinance No.005-2021,use of the 300 early evacuation unit allocations is textually 11 limited to inverse condemnation and Bert Harris Act liability reduction exchange program disposition 12 whereby an early evacuation unit allocation's allowed use is expressly limited as follows: "Requests for 13 workforce housing early evacuation unit allocations shall be available only for a 1-for-1 exchange for 14 affordable allocations/exemptions... The affordable allocations returned to the County in exchange for 15 workforce housing early evacuation unit allocations shall be banked and used for future administrative 16 relief, beneficial use determinations and to resolve inverse condemnation cases and Bert J. Harris Jr. 17 Private Property Rights Protection Act cases." See CP Policies 101.3.12(a)—(a)(1) (Emphasis supplied). 18 19 The Board's exclusive statement of legislative intent regarding allowable disposition of early evacuation 20 unit allocations is equally plain and unambiguous: "fTlo be used in exchange for existing affordable 21 allocations at multifamily developments . . . (bank them within an administrative relief pool)[T' See 22 Ordinance No. 005-2021, at PP. 3-4 (Emphasis supplied). 23 24 Your proposed amendment involves a text change to the Board's limiting CP policies enumerated in 25 Ordinance No. 005-2021 that,if approved,would allow your clients to take 86 early evacuation allocations 26 and use them for development without giving in return an equal number of affordable allocations or 27 affordable exemptions to be placed in the County's administrative relief bank for takings and Bert Harris 28 Act liability reduction protecting Monroe County property owners, residents, and taxpayers against such 29 claims countywide. 30 Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 1 of 4 I The Board's consistent months of direction and Planning & Environmental Resources Department staff s 2 recommendation resulting in the formulation of this policy limitation restricting use of the 300 early 3 evacuation unit allocations to the adopted 1-for-1 exchange program to reduce takings and Harris Act 4 liability exposure countywide is demonstrated/shown below. 5 6 Commissioner Lincoln: "My fear of turning them into affordables is then a developer is going to 7 grab them up, and they're going to be all on one or two sites." Commissioner Rice: "I agree." 8 Commissioner Lincoln: "And it's not going to help us with individual homes that we still want 9 built, and..." County Attorney Bob Shillinger: "It's going to put us a lot closer to takings build- 10 out." Commissioner Lincoln: "Right." 11 12 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7. 13 14 Commissioner Lincoln: "And it would protect our takings on getting that many more off the books, 15 versus having these become multi-family on one unit,which helps our workforce housing problem 16 but it doesn't help our takings cases." 17 18 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7. 19 20 Commissioner Lincoln: "And I'm going to jump up a little higher and give my thoughts on the 300 21 units. I think originally when it was agreed upon that we would take those, my understanding was 22 it would help us with takings cases down the line, and my vision for those were for them to be 23 individual units on scattered sites that would help alleviate 300 takings cases, not developing 24 another 200 or 300 apartment complex somewhere. And so when I spoke with staff that's kind of 25 how my conversations went with them, and then I think unfortunately at the day of the meeting 26 way back when I did not convey that message again. So in my time speaking with our staff I keep 27 bringing that up: Is there any way, if we accepted these 300 units, that they could be held in our 28 bank and used for takings cases and be individual homes on scattered sites. And that is kind of the 29 direction that I would want staff to move forward to on taking the 300 units. In speaking to other 30 people about that there's been some soft conversations with some of the developers right now on 31 some of their projects, the Wreckers Cay and Quarry, and their comfort level in taking those 300 32 units, that would have those extra deed restrictions of earlier evacuation, and switching them, and 33 giving us back our 300 units that are unrestricted and taking these 300 with those restrictions, and 34 they're open to those conversations. That would give us some of those units immediately will be 35 evacuated sooner, so that would help alleviate what we just we're learning about with 36 intensification of a storm, so that would make us safer on that way, and it would then give us those 37 300 units that we could put in a bank and save for later." 38 39 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. 40 41 Commissioner Lincoln: "I would just again like to pitch my idea on the 300 and saving them in our 42 bank for when takings cases happen and saving them to be available on scattered sites,which would 43 be 300 sites, to save us from 300 takings cases, and continuing a discussion with some of the 44 developers out there now that have said they're willing to accept those deed-restricted that the State 45 would be offering. So they would be having to leave 48 hours in advance, and seeing if our staff 46 can't come up with an idea regarding that concept. It would not be adding any more units until we 47 are having to face takings cases." Commissioner Rice: "I can be very brief because I can't say it 48 any better than Michelle just did. Thank you." Commissioner Cates: "I just want to agree with 49 Commissioner Lincoln also. I think it's a great idea, and I support that." 50 51 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 2 of 4 I Assistant County Administrator Christine Hurley: "Can I have a point of clarification with the 2 Board? Mayte and Emily are working and having a community meeting coming up at the end of 3 July, and I think this discussion just narrowed the policy compared to how we have it drafted right 4 now. I know you're not going to vote on it, but I just want to make sure I'm clear: We're going to 5 now,based on the three (3)people that voted `No'to that motion,amend the text we are processing 6 to eliminate just accepting the 300 affordables to be given out in our regular pool and instead only 7 draft the language to take it to process it so that those units would only be taken if another 8 development is willing to exchange the units so that we could hold back the 300 for admin.relief? 9 Administrative relief is what we call `holding the units for..." County Attorney Bob Shillinger: 10 "For takings cases." Assistant County Administrator Christine Hurley: "For takings cases 11 basically." . . . Assistant County Administrator Christine Hurley: "I think from the three (3) of you 12 that voted `No' I just am looking, that's your intent,the way it was described by Commissioner 13 Lincoln?" Commissioner Cates: "Yes." Assistant County Administrator Christine Hurley: "Okay. 14 So we do need to do some revisions which we'll work on. Thank you." 15 16 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. 17 18 Senior Planning Policy Advisor MUte Santamaria: "And the amendment again remains as an 19 exchange program as directed by the Board, where affordable housing allocations or exemptions 20 or units are swapped for the early evacuation units, and then the recouped or returned affordable 21 housing is set aside and banked for potential future takings cases. 22 23 . . . 24 25 So the amendments are crafted to match and be consistent with the Board's direction that was 26 provided of February and July of last year, and again that is to accept our portion of the 300 27 workforce early evacuation units,but to create it as an exchange program where existing affordable 28 allocations are swapped for the early evacuation units,and then the returned or recouped affordable 29 housing allocations are banked away by the County for future takings cases. 30 31 . . . 32 33 So based on this Board policy direction to establish an exchange program,this limits the use of the 34 300 early evacuation units to only be exchanged with existing affordable housing units or existing 35 approved affordable housing allocations. It's not for the development of brand-new units. It's just 36 a swap process. So it should not increase development potential at the sites that are proposing a 37 swap. Again, it is only an exchange with existing affordable approvals or existing affordable 38 housing dwelling units. It adds additional criteria to those units, i.e. the early evacuation criteria. 39 But otherwise should not change the character or the development at the site where the exchange 40 is occurring or county-wide. The Board policy direction also included that with the exchange of 41 allocation[s]it maintains our focus on redevelopment in infill because it's only swapping allocation 42 rights and adding additional requirements. It is not incentivizing new or additional development, 43 or added density, or encroachments into habitat. And then finally the Board's direction also 44 includes that the recouped or recaptured affordable allocations are banked to resolve potential 45 takings cases. This provides the County with an additional resource to potentially address future 46 liability. And while the resolution of a future takings case may result in the award of one of these 47 banked units, we do not anticipate an immediate increase in any current development potential 48 within the County. So with that, staff is recommending approval to both the Comp.Plan and Code 49 amendment, consistent with the Planning Commission and the Board's direction for the exchange 50 program." Commissioner Lincoln: "Thank you. Commissioner Cates?" Commissioner Cates: 51 "Yeah I'll just say I'll make a motion to approve if there's no [public] speakers." Commissioner Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 3 of 4 I Lincoln: "Do we have a second?" Commissioner Forster: "Second." Commissioner Lincoln: "We 2 have a motion and we have a second. Do you want to call roll please Pam?" [Motion carried 3 unanimously]. 4 5 See April 21, 2021, Regular BOCC Meeting, at Public Hearing Items S-1 and S-2. 6 7 III CONCLUSION 8 9 As draining 86 early evacuation allocations free from the established 1-for-1 exchange program results in 10 86 allocations that would not be in Monroe County's administrative relief bank to satisfy inverse 11 condemnation and Bert Harris Act claims arising throughout the County, it is my determination that the 12 amendment you have proposed involves changes to the policies of the Comprehensive Plan that will result 13 in a county-wide impact. Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 4 of 4 Aguila-Ilze From: Dottie Moses <dpmoses@bellsouth.net> Sent: Wednesday, May 25, 2022 1:25 PM To: Schemper-Emily; Cioffari-Cheryl Cc: Aguila-Ilze Subject: Cemex Overlay application Attachments: IKLFHA letter - Cemex Overlay application.docx CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Please accept the revised letter that is worded more accurately . Revision in yellow highlights. Dottie Moses, President i T H E FIEDERATION ISLAND OF KEY LARGO FEDERATION OF HOMEOWNER ASSOCIATIONS,INC. N &Q012- Key _arp, 1 j.y 05-19-22 RE: Cemex/Singletary Concrete Products, Inc (Overlay) Dear Mayor and Commissioners, At the May Federation meeting our members voted unanimously to object to the application submitted by Cemex/Singletary Concrete Products, Inc (Cemex) for a Land Use District Map Amendment(Overlay). Several of our neighborhood HOAs live within the Tavernier Livable Commmunikeys boundaries. We are in full support of their objections to the Overlay application. The Tavernier Livable CommuniKeys Master Plan (LCP) was the result of a local community planning initiative of the Monroe County Planning Commission and the Planning & Environmental Resources Department. The residents and property owners of the Tavernier planning area met with Monroe County Planning Staff to identify the needs and desires of the community for future development and preservation of the planning area. The results of the plan gave clear direction for the future of the Tavernier community. It is obvious that the community intended to maintain a small-town commercial footprint. The opening vision statement expresses the overall goal well. Community Vision We envision the Tavernier Creek Bridge to Mile Marker 97 Planning Area as: An island community committed to preserving its heritage, natural setting and stands of native tropical hardwood hammocks, with improvements to the visual character of the U.S. I corridor, limited redevelopment of commercial properties, and neighborhoods where residents have access to the water and recreational facilities. The Overlay proposes to allow up to 70,000 sf of commercial retail (nonresidential floor area). The existing code prohibits a quarterly allocation of nonresidential floor area of more than 10,000 sf. The applicant proposes to permit an allocation that expands the square footage to 70,000 sf. This is obviously a huge difference and a difference that rejects the intent of the community's wishes as reflected in the Tavernier LCP. The LCP repeatedly expresses a desire to redevelop at a"village scale", to preserve the "small town island character...without which (the) community would lose its unique identity". Input from the community further identified objectives which included"reduc(ing) impacts on safety and traffic movement from the highway". A 70,000 sf large-scale grocery and liquor store would generate even more traffic than the Cemex property experiences today violating the express wishes of the community for reduced traffic and safety impacts. The proposed project appears to create serious safety risks for the drivers using this area of US 1. There is a curb, a traffic light and a developed median that will create impediments to the safe use of US I if this over-large 70,000 sf commercial retail space is built attracting additional traffic to the area. The LCP is a community-driven planning effort aimed at determining the amount, type and location of additional development appropriate for the planning area. To that end the LCP calls for"new commercial development based on an inventory and analysis of existing commercial uses and future needs assessment". The applicant does not provide any such analysis. This small-town island community already has a supermarket one mile to the south. It is unlikely a second "large-scale" grocery store is needed. Though redevelopment is encouraged, it is quite clear that the community intended to maintain the ,'moderate pace" of its town. The plan specifically "prohibits the designation of new commercial land use districts". An Overlay that would expand the allowed commercial square footage from 10,000 to 70,000 will in effect create a new highly intense commercial land use district previously unavailable in the Tavernier master plan. The applicant wishes to add language to the code "to allow larger-scale commercial retail development" within the Tavernier planning area which is completely opposite of what the Tavernier community wants. The applicant claims there will be no adverse community change if this application is approved. Tavernier, known for its historic district, its native hammocks, its natural areas, its residential neighborhoods and its small-town main street appearance would end up with the largest supermarket in the Upper Keys should this application be approved. How can that not forever change the character of this small-village island town? As the applicant acknowledges, there have not been any changed projections, changed assumptions, data errors, new issues or data updates. Yet the applicant is prepared to upend the community's LCP and try to mold it to accommodate their business model. The applicant, who is not from Tavernier, assumes they know what's best for the Tavernier community even if the Tavernier community does not want what they have to offer. Please follow the Tavernier community's vision and maintain the existing small town community character by limiting the redevelopment of commercial properties. The applicant's Overlay does not fit that vision. Thank You, Island of Key Largo Federation of Homeowner Associations President, Dottie Moses ANGLERS PARK HOMEOWNERS ASSOC.,BUTTONWOOD BAY HOMEOWNER'S ASSOC.,CALUSA CAMPGROUND CONDOMINIUM ASSOC., HOMEOWNER'S ASSOC.OF CORAL COAST,HAMMER POINT HOMEOWNER'S ASSOC., HIBISCUS PARK HOMEOWNER'S ASSOC., PIRATE'S COVE POPERTY HOMEONERS ASSOC..PORT LARGO RESIDENTIAL HOMEOWNER'S ASSOC.,ROCK HARBOR CLUB CONDOMINIUM ASSOC.,ROCK HARBOR ESTATES HOMEOWNER'S ASSOC.,SEXTON COVE HOMEOWNER'S ASSOC.,SILVER SHORES LEASEHOLDERS ASSOC.,STILLWRIGHT PROPERTY OWNER'S ASSOC.,SUNSET WATERWAYS HOMEOWNER'S ASSOC.,TAMARIND BAY CONDOMINIUM ASSOC.,TAYLOR CREEK VILLAGE HOMEOWNER'S ASSOC.,THE HARBORAGE HOMEOWNER'S ASSOC.,THE SANCTUARY CONDOMINIUM ASSOC.,WYNKEN BLYNKEN& NOD HOMEOWNER'S ASSOC. Aguila-Ilze From: Schemper-Emily Sent: Thursday, May 26, 2022 8:40 AM To: Aguila-Ilze Subject: FW: INRE: Proposed Development of the old CEMEX site in Tavernier Can you add this to the Cemex files please? *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** From: Raschein-Holly<Raschein-Holly@ Mon roeCounty-FL.Gov> Sent:Wednesday, May 25, 2022 3:20 PM To:Adrienne Di Prima <capt_adi@bellsouth.net> Cc: Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>; Abel-Corie<Abel-Corie@ Mon roeCounty-FL.Gov> Subject: Re: INRE: Proposed Development of the old CEMEX site in Tavernier Thank you reaching out, so noted! Holly Merrill Raschein On May 25, 2022, at 1:11 PM, Adrienne Di Prima <c „!fit r„f Lar„II„ r ut„Ir......!ret>wrote: CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. / P/mMon, 1 What we need is more HOUSING in this area, NOT another traffic-jamming retail plaza. We've already got WinnDixie AND an independent liquor store just down the road and TWO very nice PUBLIX markets (and liquor stores), one in either direction... What we DON'T NEED is more traffic congestion at a VERY busy & dangerous intersection. Adrienne DiPrima & Donna Smorchoke 210 Normandy Dr, Tavernier On May 23, 2022, at 12:50 PM, Tavernier Community Association <averinigir�ornmdin.!:t.�..( q..M2.!.I..:, orn>wrote: Dear Member, There is a proposal, submitted to the County, to develop the old CEMEX site in Tavernier (mm 92.5). The development consists of an extremely large grocery store and a liquor store along with seven, three story buildings containing 86 affordable housing units. The grocery store is approximately 65,000SF or twice the size of the Publix is Islamorada. Current zoning prohibits a developmet of this size. The applicants are asking the Commission to create a special overlay district that willl allow them to increase the square footage seven times what is currently permitted. We, at TCA, strongly believe this is not in the best interest of our community. All traffic associated with this proposed development will enter and exit onto US1. This will only add to the congestion in the area. Large scale commercial development is not in our best interest and goes against the very vision of Tavernier developed years ago. A Livablecomm u ni Keys Master Plan was developed to guide development in the area from Tavernier Creek bridge to MM 97. That plan underscores the importance of maintaining our small-town character. Throughout the document there are references to limiting commercial development and maintaining our community character. TCA has appointed a Committee that is working to prevent changes in our existing land use rules that would permit this special overlay district. We need your help. The developers, who do not live in our community, are asking the Commission to make an exception in our currrent land use regulations that will allow them to build this project. It is important that all our commissioners hear from the residents of this community. If you are opposed to this projet please write or email the Mayor and all Commissioners. Please copy TCA on your correspondence. I have listed contact information for the Mayor and the Commissioners below. In your correspondence you will need to provide your name and address and simply state how you feel about the proposed development of the old CEMEX site. Please reply to this email with any questions you may have. Jennifer Hartman, TCA, President 2 Mayor David Rice' 0400Overoeas Highway Suite Zl0' Marathon Airport, Marathon' FL 33050. Email: Commissioner Michele CoNiron' 243 Key Deer Road' Big Pine Key FL 33043. Email: Commissioner Jim ShoU' 520VVhitehead Street' Key West, R 33040. Email: Commissioner Craig Cates' 500VVhitehead Street Suit 102' Big Pine Key' Florida. Email: Commissioner Holly Raschein' l0Z050 Overseas Highway Suite Zl4' Key Largo, FL 33070. Emai:i EmiiySchemper' Planning Director, l0Z050 Overseas Highway#ll6' Key Largo, FL Aguila-Ilze From: Tavernier Community Association <taverniercommunity@gmail.com> Sent: Monday, October 24, 2022 11:49 AM To: Aguila-Ilze Subject: Parcel 00089490-00000/Singletary Concrete Products Inc CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Good Morning, This is the letter that was attached to our email dated May 18th. Richard Barreto spoke to you about it this morning. Thank you for helping us out with this, Jennifer Mr. Mayor, On May 2nd the Board of Directors for the Tavernier Community Association met to discuss the various applications submitted by the Cemex/Singletary group. While we support the idea of a well thought out, low density, work force housing development. We categorically oppose a) a Zoning map amendment that creates a new overlay district for the parcel, b), A Text amendment increasing the non-residential floor area from 10,000 SF to 70,000 SF and c) a conditional use order for a 64,000 SF Supermarket/liquor store along with eighty-six housing units. Aside from the traffic and safety issues, which are substantial, the applications are inconsistent with the current Comprehensive plan as ell as the Livable CommuniKeys Master plan (LCP) for Tavernier Creek to mm 97. Members of the community in conjunction with the County Planning Department spent countless hours hammering out the LCP. The LCP was integrated into the Comprehensive plan and is intended to guide the development within Tavernier. from the very beginning of that document, in its VISION STATEMENT, are the words "LIMITED REDEVELOPMENT OF COMMERCIAL PREOPERTIES." That theme is supported by language throughout the LCP, by way of example: -On Page 27 - Under COMMUNITY ISSUES, item number four reads; "Limit additional new development while providing opportunities to redevelop existing structures". -On Page 28 - under Planning issues and objectives, it reads: "Reduce impacts on safety and traffic movement from the highway and unlimited access patterns." -On Page 37 - Goal two reads: Preserve and protect the qualities of neighborhoods between Tavernier Creek and mm97 - ITS SMALL-TOWN UNIQUE CHARACTER, lush natural environment, and water orientation. In the same section under (Development Patterns) it reads; "Preserving the existing development patterns in this planning area". -On Page 41 - under Goal Three, (Define, maintain and enhance the community character from mm91 to 93.5), action item 3.1.4 reads "PROHIBIT THE DESIGNATION OF NEW COMMERCIAL LAND USE DISRICTS beyond that contained in the Master Plan in order to protect the existing viability of the US 1 corridor and Community Center and to prevent further sprawl or strip commercial zoning." -Page 51 reads - "promote employee housing above and in conjunction with commercial buildings in the community center overlay district." i Page 52 reads - "encourage the development and redevelopment of commercial and mixed-use zoned land for employee housing" While pages 51 and 52 may seem to support the development of employee housing in conjunction with commercial development. We believe, when you consider the language throughout the LCP that speaks of the limits on commercial development, such developments, clearly, never intended to be outside of what current land use regulations permit. Several of our members participated in the development of the LCP and as such they have a clear recollection of the intents that were codified in that document. The strongest underlying theme in that document was 'TO PROTECT OUR LOCAL COMMNIT CHARACTER". The development of the proposed project will erode that "Community character," further aggravate the congestive traffic on US 1 and seriously violate the tenets of the Livable CommuniKeys Master Plan. We strongly urge you to respect the will of the Tavernier Community maintaining the small-town Community character of this special place. We ask that you oppose any effort to overwhelm Tavernier, with this overly intense and ill-conceived project. With Grave Concern, Jennifer Hartman, President, TCA 2 Aguila-Ilze From: Schemper-Emily Sent: Wednesday,June 1, 2022 4:54 PM To: Aguila-Ilze Cc: Cioffari-Cheryl;Tolpin-Devin; Stein-Bradley Subject: FW: CEMEX property proposal in Tavernier *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** -----Original Message----- From: Raschein-Holly<Raschein-Holly@ Mon roeCounty-FL.Gov> Sent: Wednesday,June 1, 2022 4:49 PM To: Stacey Bedford <staceylynnll@gmail.com> Cc: Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>; taverniercommunity@gmail.com; Abel-Corie<Abel- Corie@MonroeCounty-FL.Gov> Subject: Re: CEMEX property proposal in Tavernier Received and noted Stacey, thanks so much for reaching out! Holly Merrill Raschein >On Jun 1, 2022, at 11:08 AM, Stacey Bedford <staceylynnll@gmail.com>wrote: > ... >CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. > Dear Mr. Rice, Ms. Coldiron, Mr. Sholl, Mr. Cates, Ms. Raschein, Ms. Schemper: > I am writing in regard to the proposal of developing the old CEMEX site in Tavernier(mm 92.5.)As both a Tavernier resident and business owner(Ace Hardware,) I am vehemently opposed to this development. It is against our current zoning and I do not believe an exception should be made.Tavernier is an old and small community. This would undermined our small town feel. i >The additional traffic would pose a severe problem especially during season. We already have too many traffic accidents in our small community. The majority of the traffic would need to cross the highway in order to go South, which I would presume is the direction most of the customers would be going. There was recently a traffic light placed at Burton Dr.just beyond where this development is proposed.Thoughts of adding a light for the development would make matters worse with traffic having to stop at one light and then the other light right after. If you are unfamiliar with this new traffic light, I implore you to come and look at the traffic patterns presented near the CEMEX property. > I understand there is to be 86 affordable housing units available. Affordable housing is indeed a problem here but this is not the solution. I feel the applicant is using this as a ploy in order to convince the Committee to agree on increasing the square footage the area is zoned for. >There are four grocery stores within a 10 mile radius of the proposed site. Winn Dixie is within a mile, Payfair is about 2 miles South, the Publix in Islamorada is about 8 miles South and the Publix in Key Largo is about 9 miles North. Liquor stores are also near two out of three of these other grocery locations.There are many options for grocery and liquor stores in the area. I live at MM 92 and have never had an issue driving the 2-15 minutes it takes to get to the already available grocery stores. We do not need to create a monopoly in our small community due to one company's desires. > Please consider what your community wants and needs when making this decision. > Best Regards, >Stacey Bedford >Taverner Resident >Ace Hardware Owner 2 Aguila-Ilze From: Schemper-Emily Sent: Friday, June 3, 2022 11:09 AM To: Aguila-Ilze; Cioffari-Cheryl Subject: FW: Cemex Property *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** From: Chris Mattson <lv2dive7l@gmail.com> Sent: Friday,June 3, 2022 8:07 AM To: Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDISS@ Mon roeCounty-FL.Gov> Subject: Fwd: Cemex Property CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. 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Sin°�c�nir ,kc� c�uno�r.... ll.. c� Dear Monroe County Commissioners and Planning Director, We are humbly writing to you regarding the proposed development of the Cemex property in Tavernier. As residents of the neighborhood that lies adjacent to the property. We want to voice our opposition for a large-scale grocery store.The reason for our opposition to this proposal is as follows: (1)The traffic nightmare it will create.The light at Burton drive already creates a backflow of cars during the hour of 4 o'clock PM through 6 o'clock PM, it is nearly impossible to make a left turn to safely leave the neighborhood.Adding a large-scale grocery store to the mix would make things so much worse and create a need for another traffic signal within a quarter mile. Not to mention that there is already a grocery and independent liquor store less than 2 miles away. Someone leaving the new large-scale grocery store would not be able to make a left turn to go south, the need to put a traffic light there would be imminent.The proposed location is right next to a northbound blind curve,/corner where motorists have repeatedly sped and crashed into the guard rail very close to the Cemex property. I could 1 not see the traffic problem which currently exists getting any better. (2) We agree that housing is needed, however once again the large-scale development the builders are proposing takes away from coworkers struggling to pay rent is tough. We agree that housing is needed. Something along the lines of Bluewater just to the north of the Cemex property is certainly more reasonable. The builders are completely jaded in thinking that building such a large-scale housing development won't create Crime, Littering, noise and light pollution. These are all true from the amount of people in one concentrated area.We believe that the plan is over 150 units or more.The plastic waste, garbage and the cigarette butts will create an environmental nightmare. All one must do to see this is go to one of the stores in existence now on a weekend and you will see the garbage and litter piled up from the weekenders filling their coolers. As environmentalists and conservationists,we find this idea of a large-scale grocery store to be frightening for lack of a better word. This idea once again takes away from the community aspect of Tavernier. Please consider all these factors when deciding on voting for the development of this piece of property. Thank you, Christopher Mattson &Tania Mattson 2 Aguila-Ilze From: Schemper-Emily Sent: Friday, June 3, 2022 3:47 PM To: Aguila-Ilze; Cioffari-Cheryl Subject: FW: CEMEX Property *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** -----Original Message----- From: Raschein-Holly<Raschein-Holly@ Mon roeCounty-FL.Gov> Sent: Friday,June 3, 2022 3:45 PM To: Darryl Youngblood <theglasman@gmail.com> Cc:Abel-Corie<Abel-Corie@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov> Subject: Re: CEMEX Property Received and noted Darryl, thank you for reaching out. Stay safe this weekend! Holly Merrill Raschein >On Jun 2, 2022, at 4:57 PM, Darryl Youngblood <theglasman@gmail.com>wrote: > ... >CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. > Hello Commissioner, > Please know as a Full time resident of Palma Solo aka Harry Harris > Park. I strongly appose the development as presented. Sincerely, > Darryl R Youngblood > 133 Second Street >Tavernier, FL 33070 >Cell 443-309-4011 1 /-0w ........70 fl ,my nay s Maxinen and I have been a residentTavernier for 36 years I amp writing this letter In regards to what ISprolmsed for the Cemexmet In Tavernier.Yesl amp for the affordable housing hi h we definitely need fbr the working people down here.As fbr the Pubfix,no way do we need another grocery store in that mm when a Winn Dbde Is about mile down the road and a Publixnine mile t the north and another Publix nline miles to the south.That is just r kill........... Think of the residents living 3n the vicinity,more traffic,more noise,more ll ti ®The Impact of those things along will change their quality of Iffe in what Is the comfortzone of their neighborhood.How would you fee$if It was your nelghbodwW and 11". 1e being affected If that Is allowed to be built?Plus the traffic situation ill be more of a problem eves with the new traffic light there. Remember this is the Keys and we are unique l a down here to enjoy our$ y hack life andto get away from the city. Thank you for-taking the time to read my letter, w ° .tve+yw-�j, Aguila-Ilze From: Schemper-Emily Sent: Thursday,June 16, 2022 8:37 AM To: Aguila-Ilze Cc: Cioffari-Cheryl Subject: Fwd: New Publix meeting Ilze- please add to the Cemex files ************************************ Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************ Begin forwarded message: From: Raschein-Holly<Raschein-Holly@monroecounty-fl.gov> Date:June 15, 2022 at 4:03:39 PM EDT To: Mark<mfbirk@gmail.com> Cc:Abel-Corie<Abel-Corie@monroecounty-fl.gov>, Schemper-Emily<Schemper-Emily@monroecounty- fl.gov>, Cioffari-Cheryl <Cioffari-Cheryl@monroecounty-fl.gov> Subject: RE: New Publix meeting Mark, Thank you for the update, rest assured we're still early in the process and there is plenty of time for more discussion. We'll add your comments to our running list, stay tuned, there will be more to come. Thanks again! Holly Holly Merrill Raschein Monroe County Commissioner District 5 102050 Overseas Hwy, Suite 2-234 Key Largo, FL 33037 (305)453-8787 (Office) Courier Stop#26 Raschein-Holly@ Mon roeCounty-FL.Gov www.monroecounty-fl.gov Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE. 1 -----Original Message----- From: Mark<mfbirk@gmail.com> Sent: Wednesday,June 15, 2022 5:44 AM To: Raschein-Holly<Raschein-Holly@MonroeCounty-FL.Gov> Subject: Re: New Publix meeting CAUTION Good morning Holly, The only thing I learned last night is this group,the Tavernier Community Association (TCA), does not want progress. I now want to see the project approved and completed. I brought up my points and added in that if nothing gets built in the old Cemex land we will be stuck with a trash staging area after the next hurricane. Which is what happened after Irma. I live on Garden street and my backyard is against the Cemex land. I do not want the land used for a trash dump as it was done in the past. Many of my neighbors agree, but they don't speak up very often. Is there anything I can do to not let the TCA speak for me of my like minded neighbors? Thanks, have a great day. Mark Sent from my iPhone On Jun 10, 2022, at 4:16 PM, Raschein-Holly<Raschein-Holly@monroecounty-fl.gov> wrote: Thank you Mark for the input, it's most appreciated! I can't answer those questions, but I'm sure our team has more info,though to answer one of your questions, I don't believe the housing is limited to one type of employee. It's early in the process, and there are several steps in the approval process. If you still have questions after Tuesday's meeting, please let me know. Thanks again and have an awesome weekend! Holly Holly Merrill Raschein On Jun 10, 2022, at 1:31 PM, Mark<mfbirk@gmail.com>wrote: 2 CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Commissioner Holly, This is Mark Birk, retired Marine living in Tavernier, we met and talked about concerns in the past. I will be at the general meeting on 14 June at 7pm located at Burton Memorial Baptist. I hear a lot of negativity about the proposed Publix. I am not opposed or for the new grocery store, but I have some concerns for the area. 1. Is there a plan to add a traffic light? 2. Will the fence that separates the current Cemex site to Garden Street be repaired or a new sound barrier fence be constructed? 3. Will the vegetation be removed or can we insist on more vegetation between the homes and the new store? 4. 1 read that the affordable housing will be limited to those working at Publix. We have a serious issue with housing for current residents. Can we have that opened up to teachers who work in the Keys? 5. What is your position on this endeavor and does it need further approval before beginning? Thanks for listening, my cell is (305) 731-3393. Feel free to call or text me anytime. R/S, Mark Sent from my iPhone 3 Mayor David Rice 6/15/2022 1 am a concerned Florida Keys resident. I have Recently heard about the proposed development Of CE M EX site at M M 92.5. PHASE ONE: If approved for commercial development Will comprise of a 64,080 SF grocery store including a liquor store on approximately 8 acres with a total of 263 parking spaces. PHASE TWO: The development of 86 affordable housing units in seven 3 story buildings on 6 acres. A total of 460 Parking spaces for residential development. Also pending is an application to create a special overlay district. This will replace the current zoning of Suburban Commercial. Current zoning restricts commercial buildings to 10,000SF. The overlay will permit Construction of up to 70,000SF. am not opposed to affordable housing for Florida Keys residents which we desperately need. My main concern is the traffic that this new commercial space will create if approved. We are inundated with bumper to bumper traffic as is and adding another commercial site which will be difficult to access from Rt. 1 will just make matters worse. believe as Florida Keys residence we need to preserve what is left of this remarkable and unique Island Pardise for us and for future generations. Just look at what is happening to all the adjacent communities North East of the Keys. believe you as elected officials can make this happen. Sincerely, Alexandra Paradis Aguila-Ilze From: Deborah Olds-Dudek <debo-d@comcast.net> Sent: Friday, August 5, 2022 12:54 PM To: Aguila-Ilze Subject: CEMEX PROPOSAL TAVERNIER CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Hi, Both my husband and I would like to express our concern and quite frankly outrage that this proposal is even being considered. Our Tavernier property has been in our family since the 1940's when our property was purchased.The house was built in 1958!Tavernier has been home in our family for 64 years!Tavernier has always been such a quiet, nice area with a tremendous community feel and involvement!! Allowing something of the magnitude that the new proposal is asking should be absolutely refusedM There is no need for a Publix the size they are asking for, not to mention all of the low income housing buildings and the liquor store.There is a Winn Dixie and a liquor store within a mile or two of where the Cemex property is. Also,the amount of low incoming buildings is excessive. Why is Islamorada and Key Largo not taking on additional low incoming housing to the degree that they want to put it on the Cemex property and in Tavernier.Tavernier already has the Blue Water low income housing within a block of the Cemex property. Quite frankly, the addition of the proposal would completely change the feel and dynamic of Tavernier, not to mention the traffic issue would be abhorrent!! On any given day, during different times of the day, the traffic light at Burton backs up. We hope you respectfully heed all of the opposing opinions that are being presented. Unfortunately, we will not be able to attend the August 18 meeting. Please register our adamant feelings that we oppose the proposal. Thank you for your time, Deborah Olds-Dudek and Paul J Dudek i Aguila-Ilze From: Yolanda Trump <tntrump@att.net> Sent: Friday, August 5, 2022 2:14 PM To: Aguila-Ilze Subject: Cement Proprosal CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. I concur and support the Federation's opposition to the Cemex redevelopment proposal which would forever change for the worse the small community atmosphere of Tavernier. There is no need for this expansive commercial development and obviously the majority of residents of the Keys oppose it. Please reject this proposal for the sake of the Keys. Thank you for your consideration. Thomas N Trump 20 Mangrove Lane Key Largo, FL Sent frown A F&r Yahoo Dail for il:Ihone ................................................................................................................................................................................................................................................ 1 Aguila-Ilze From: bradshank@aol.com Sent: Friday, August 5, 2022 4:03 PM To: Aguila-Ilze Subject: new grocery store CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Hello, Thank you for taking comments from the community. I would like to express a heartfelt NO-NO-NO to the new proposal for yet another grocery store. 1. We don't need another one. 2. It's going to wreck havoc in that quiet neighborhood. 3. Let's keep the Keys a special and unique place. I'm sure you saw what happened to Marathon once this sort of thing was allowed. Marathon is basically a 10 mile long strip mall. Local businesses were not able to compete. The whole area lost it's special feel. Please don't let the idea of corporate success diminish the decision about building a non-essential store. No matter how they plan to dress it up with landscape, it's boils down to something we neither need or want in Tavernier. Susan Bazin 305-394-1123 i Aguila-Ilze From: Jason Horgan <jason08l977@aol.com> Sent: Monday, August 15, 2022 6:28 PM To: Aguila-Ilze Subject: Cemex proposal CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Having had a house in hammer point since the late 80s I just wanted to go on record that we would be opposed to any commercial building that would increase traffic in our area. If what Cemex is proposing will change the look and feel of the small town like atmosphere we are against it. Sincerely, Jason E. Horgan 222 Cromwell court Tavernier 1 Aguila-Ilze From: Dean Blauser <blauserdean@hazmatsolutions.net> Sent: Wednesday, August 17, 2022 4:48 PM To: Aguila-Ilze Subject: CEMEX Proposal CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. To whom it may concern, My wife and I have a home in Hammer Point. (130 Guilford Ct.Tavernier Florida) We oppose any variance to be granted for the CEMEX Proposal.The multiple new homes built on the ocean side of the highway just North of Tavernier currently makes it almost impossible to go to a restaurant and adds to congestion in the area. Also with limited workers for many restaurants and service facilities the influx of hundreds of new people to Tavernier will drive us out of the keys. There is a reason we don't live in Miami or Tampa Bay. Dean &Susan Blauser 130 Guilford Ct. Tavernier, FL c(269) 317-8220 1 Aguila-Ilze From: Stanley Gryder <guitarzan22@gmail.com> Sent: Thursday, August 18, 2022 9:24 AM To: Aguila-Ilze Subject: Fwd: Cemex property conditional use permit CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. To whom it may concern, I am writing today to OPPOSE fully and wholeheartedly the proposed change to allow for the conditional use permit at the CEMEX property located at 92501 Overseas Highway. While the residents of the Keys do need many things to make life here better, another grocery store, along with another liquor store and "affordable" housing, certainly should not be on the list. "Affordable" housing is always a great idea on paper, until it is carried out. We were living in "affordable" housing in the Keys shortly before it was designated as "affordable". The change that has taken place at this large complex after it was designated as "affordable" has been shocking. Many people used these apartments as "vacation condos" for their families and friends. Living in these complexes should come with at least four requirements: • You are a Monroe County RESIDENT (proven with submitted documents) • You have a paying job IN MONROE COUNTY (proven with submitted documents) • Mandatory and immediate eviction upon ANY felony conviction • Mandatory and immediate eviction for violation of complex rules (after ONE warning) There is a housing shortage in the Keys, but "affordable housing" as it has been carried out in the past IS NOT THE ANSWER. Thank you. i Aguila-Ilze From: Bryant Diersing <diersing@bellsouth.net> Sent: Friday, September 9, 2022 3:16 PM To: Aguila-Ilze; District1_planning; District2_planning; district3@monroecounty-fl.gov; District4_planning; district5@monroecounty-fl.gov Cc: Schemper-Emily; BOCCDIS5; BOCCDIS4; BOCCDIS3; BOCCDIS2; Cates-Craig Subject: Cemex property CAUTION:This email originated from outside of the County.Whether you know the sender or not,do not click links or open attachments you were not expecting. Dear Planning Commission Supervisor Aguila and Planning Commissioners The purpose of this email is to convey my concerns regarding the proposal for redevelopment of the Cemex property in Tavernier. Please do not permit the creation of a special commercial overlay on this property to allow a significant increase in the amount of commercial retail space. Such a large increase in commercial use is simply not justified and will not benefit the greater community. (A very large new Publix is already being built in Key Largo and Islamorada just gained a new Publix a few years ago). This kind of spot zoning seems to dismiss the large amount of planning and community input that went into the Tavernier Livability CommuniKeys Master Plan.Such a development will not only contribute to the destruction of the unique historic flavor of Tavernier called for in the Livability Plan,but will exacerbate evacuation prior to the severe storms,which is often mandatory.This kind of development will put the residents to the south of the property at greater risk at a time when we should be trying to reduce safety risks. What is the point of planning for the future and gathering community input on zoning, if each and every development request for expansion is granted?Offering an exception to the rule for this development is asking for more requests to spot zone,with the end result being chaos and a lack of planning altogether. Even if"affordable housing" becomes part of the deal,this kind of development will not help solve the local affordable housing issues. Instead, it will contribute to congestion and overdevelopment,add to the unsafe traffic conditions along the only road, US1, and the contribute to the loss of the community atmosphere. Tavernier is not the place for large housing developments,especially considering that commuting from the mainland to this part of the Keys is not unreasonable,especially if public transportation is a viable option. (I have often wondered why there aren't more small affordable apartment complexes in the Keys to serve the needs of people who are here temporarily and/or have no desire to own a home.Apartments are a feature of housing on the nearby mainland and virtually every community in South Florida. Perhaps,such complexes require a long-term commitment and management and are not short-term profit-making endeavors.) If this project progresses to the point where a vote is taken by the planning commission on whether or not to grant a major conditional use permit in addition to a commercial overlay,please consider the long-term and short-term impacts of this kind of overdevelopment and vote against these changes. It seems to me that people who reside here and own property here have the reasonable expectation that the zoning plans they contributed to will be upheld and by doing so,their quality of life, safety and property values will be protected. Thank you for your attention to this matter and consideration of my views,which are shared by many members throughout the Keys community. Best regards, Nancy Diersing 1 From: Schemoer Emily To: Aouila-Ilze Cc: Cioffari-Cheryl;Taloin Devin Subject: FW: Cemex/DRC hearing Date: Wednesday,October 26,2022 10:56:58 AM Ilze,can you please add this public comment to the file. Emily Schemper,AICP,CFM Senior Director of Planning&Environmental Resources Monroe County I Planning&Environmental Resources Department 2798 Overseas Highway, Suite 400,Marathon,FL 33050 305.453.8772 -----Original Message----- From:Richard Barreto<barretor@bellsouth.net> Sent: Wednesday, October 26,2022 6:56 AM To: Schemper-Emily<Schemper-Emily@MonroeCouunty-FL.Gov> Subject:Re: Cemex/DRC hearing CAUTION Emily,I do understand that in the aggregate,the current zoning does permit more the 70,000SF however the architects of the LCP never envisioned a single building of that scope. Be it a grocer,a cold storage facility or a car dealership the thinking was that such large structures are incompatible with our small town environment. Small boutique and specialty shops and our restaurants would be a much better fit and make a better contribution to the needs of the community. I would also like to bring to your attention a growing concern from our constituents.There is a feeling the residential part of this project is simply window dressing.There is a belief that the employee housing portion of this proposed development will never happen.I don't believe the needed rogos exist.By prioritizing the commercial portion of this project there is no guarantee the residential portion will ever see a timely completion. As you know our affordable and employee housing is presently insufficient to meet the county needs. Approving this project will substantially aggravate what is already an affordable housing crisis.The constriction timeline will create more need for housing and the employees needed to nun such a large operation will further aggravate the need for employee housing. So I would suggest that if your considering moving forward with an approval of this project,in addition to the additional information and justification outlined at the DRC meeting,and in all fairness to this community there needs to be some parameters set with regard to the residential potion of this project to insure that that the means to move forward with the residential aspect actually exist and that a timeline be established.Thank for your consideration and I stand ready to discuss this further if it would be helpful. Sent from my iPhone >On Oct 25,2022,at 4:46 PM,Richard Barreto<barretor@bellsouth.net>wrote: >Thank you Emily! >Sent from my iPhone >>On Oct 25,2022,at 2:47 PM, Schemper-Emily<Schemper-Emily@monroecottnty-fl.gov>wrote: >>To be clear,more than 70,000 sf is already allowed per the current zoning.The proposed change is to part 70,000 sf into one single building. Right now each individual building is limited to 10,000 sf. So they could build multiple buildings of 10,000 sf under the current zoning regulations. >>Regardless,I will look at what you pointed out below and add to our analysis if needed. >>Thank you for your input! >>Emily Schemper,AICP,CFM >>Senior Director of Planning&Environmental Resources Monroe County >>Planning&Environmental Resources Department >>2798 Overseas Highway, Suite 400,Marathon,FL 33050 >>305.453.8772 >>-----Original Message----- >>From:Richard Barreto<barretor@bellsouth.net> >>Sent: Tuesday, October 25,2022 2:36 PM >>To: Schemper-Emily<Schemper-Emily@MonroeCottnty-FL.Gov> >>Cc: Burke Cannon<burkec760qgmail.com>;Jennifer Hartman >><jandrhartman@yahoo.com>;Dottie Moses<dpmoses@bellsouth.net> >>Subject: Cemex/DRC hearing >>CAUTION:This email originated from outside of the County.Whether you know the sender or not,do not click links or open attachments you were not expecting. >>Emily,thank you for allowing me to comment at the DRC hearing.The point that I was making is that the LCP, tinder goal 3,action item 3.1.3 reads: >>Prohibit the designation of new commercial land use districts beyond that contained in this master plan in order to protect the viability of the us 1 corridor area and community center and to prevent the further sprawl or strip commercial zoning. You are right when you say the area is already a commercial district however I would argue that by changing the existing suburban commercial district to an overlay district which will change the current allowable SF from 10,000 to 70,000 you are creating a new commercial district. Seven times what is currently allowed is a drastic departure from what currently exists and a contradiction of the will of our community as expressed in the master plan to preserve a small town environment. Thanks for your consideration. >>Sent from my iPhone From: Cioffari-Cheryl To: Tina Cash Cc: Lguila-Ilze;Cioffari-Cheryl;Tolpin-Devin Subject: RE:Proposed change due to CEMEX request Date: Thursday,October 27,2022 3:42:02 PM Tina, Thank you. Ilze—please add this public comment to the file. Clheiurylll Ci1offauimi1,AllCli�- :XI`nX1 /I1101rectorof I''ICII'II'Iing From:Tina Cash<tinacash185@aol.com> Sent:Tuesday, October 25, 2022 2:28 PM To:Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov> Subject: Proposed change due to CEMEX request CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Good Afternoon, I had the pleasure to attend the most recent meeting at Murry Nelson Building on this topic, I believe that was mid- August. I admired and appreciated the professional manner from your office during that meeting. Thank you and staff for that. I did not hear one reason why there should be any consideration whatsoever to change the current zoning; as far as a community currently thought of as a small town with unique characteristics. I saw an organization that thinks they can make a lot of money-with no interest to what current zone and land use laws state. I believe you are meeting now, but do want to share my thoughts, Thank you, Dr.Tina Cash From: Cioffari-Cheryl To: Maxine Enkey Cc: Cioffari-Cheryl;ftj a-Ilze;Tolpin-Devin Subject: RE:Comment review for the Cemex proposal Date: Thursday,October 27,2022 3:50:22 PM Thank you for your comment. Ilze, please add this public comment to the File. Clheiu°ylll Cii affauimi1,AllCll�- nX1 /I11I..11rectorof I''ICII'II'Iing From: Maxine Enkey<meedabl@hotmail.com> Sent:Sunday, October 23, 2022 3:13 PM To:Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov> Subject:Comment review for the Cemex proposal CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Hello, my name is Maxine Enkey and I have lived in Tavernier since 1986. 1 am sending this email to you to let you know my feelings for the Publix being proposed for the Cemex Plant in Tavernier. Yes, we do need more affordable housing that is a given. As for a Publix in that area that is ridiculous. We already have a grocery store and a liquor store a mile away serving the same purpose. Not to mention traffic safety concerns, light pollution and more noise from the traffic coming and going, plus the negative impact on the quality of life for residents in and around that area. Safety is paramount we don't need more stress in an already stressed out area. People come down here for our layed back lifestyle and that is also the reason why a lot of people chose to live down here. Thank you for taking the time to read this. Maxine Enkey 190 Atlantic Cr Dr Tavernier FI 33070 From: Cioffari-Cheryl To: Aquila-Ilze Subject: RE:TCA COMMENTS FOR THE DRC MEETING OCTOBER 25TH. Date: Thursday,October 27,2022 4:54:11 PM Please add to the file 2022-053. Clheiu°ylll Cii affauimi1,AllCll�- :XI`nX1 /I1101rectorof I''ICII'II'Iing From:Tavernier Community Association <taverniercommunity@gmail.com> Sent:Saturday, October 22, 2022 2:33 PM To:Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari- Cheryl @ Mon roeCou nty-FL.gov> Subject:TCA COMMENTS FOR THE DRC MEETING OCTOBER 25TH. CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Good Afternoon M/s Schemper and M/s Ciofarri, TCA members participated in the development of the LCP and as such they have a clear recollection of the intents that were codified in that document. The strongest underlying theme in that document was "to protect our local community character'. The development of the proposed project will erode that "community character" , further aggravate the congestive traffic on US 1 and seriously violate the tenets of the Livable CommuniKeys Master Plan. We strongly urge you to respect the will of the tavernier Community maintaining the small town community character of this special place. We ask that you oppose any effort to overwhelm Tavernier with this overly intense and ill-conceived project. On May 18th TCA sent a letter to you and the BOCC making clear our objections to this project. I notice our objections are not included in the Public Comment. How do I get our letter included in the Comments? Thanks, Jennifer Hartman, President, TCA Aguila-Ilze From: Schemper-Emily Sent: Monday, November 14, 2022 5:04 PM To: Aguila-Ilze Cc: Cioffari-Cheryl;Tolpin-Devin Subject: FW: Cemex application to amend the Monroe County Land Development Code Can you please add to public comment for these files? Thanks *************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning & Environmental Resources Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 *************************************************************** From:John Howe<johnrhowe@gmail.com> Sent: Sunday, October 30, 2022 3:26 PM To: BOCCDIS5 <BOCCDISS@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; Cates-Craig<Cates- Craig@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov> Subject: Cemex application to amend the Monroe County Land Development Code CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Mayor and Commissioners, We were very relieved to discover in the October 14, 2022 memo posted to Monroe County's website that the County's Planning Department has determined that the Cemex application for an "overlay district" currently in Tavernier is just plain NOT consistent with the Monroe County Year 2030 Comprehensive Plan, the Tavernier Key Livable CommuniKey Plan, Monroe County Code, and various state of Florida statutes and regulations. All of which makes us wonder why the County is even considering it at the cost of so much staff and community residents' time, and taxpayer money. Why not ask the applicant to go back to the drawing board and, if still interested, apply again with a proposal that IS consistent with all of the above well thought-out, expensively developed, hard won community documents and regulations? In other words, do their homework before taking the test? As many residents have repeatedly pointed out in their comments (many of whom are, like us, probably unfamiliar with the specifics of the above governing documents and regulations), the current Cemex proposal is out of character with the mostly quiet, semi-rural-suburban, historic character of the Tavernier community; the proposed building would be way too big to fit in with our many much smaller existing businesses and residences; and with the proposed number of low-income housing units it is sure to create significant traffic 1 problems for all concerned. Last but not least, every Tavernier neighbor we've talked to and most of our neighbors who have publicly commented on the project apparently agree that the proposed Publix is completely unnecessary, as there's already a Winn-Dixie in Tavernier, a Publix in Islamorada, and (from what we understand) an even bigger Publix coming in the near future to replace the current one at MM 101.4 - three big food stores along a mere 18-mile stretch of highway. On the other hand, why can't we be more pro-active, actually plan instead of reacting at substantial taxpayer expense to one developer's inappropriate proposal; come up with an imaginative, good-looking, in-scale, healthy use for that potentially very useful, valuable property, taking input from as many local stakeholders as possible, not just the property owner; create a design that provides the owner with a substantial return on investment, an attractive, 'green' space for SMALL business buildings, government offices, and low-income housing that's compatible with Tavernier's cozy 'look and feel', and maybe some recreational and/or open space that contributes to the health and well-being of the entire community and the natural environment, the main reason most of us live here. Sincerely, John and Anne-Marie Howe 149 Sunrise Drive Tavernier, FL 33070 2 Aguila-lize From: Tn|pin-Devn Sent: Monday, April 24, 20233L10PK4 To: Agui|a-Uze Cc: Scbemper-Emily Subject: FVV I'd like to make a suggestion for Monroe County to purchase the "Cemex" property at MM 92.5 tn keep asa Natural Sanctuary! Devhm ,A|CP, CFM Principa| P|anner Monroe County � P|anninQand Fnvironmenia| Resources 102050Overseas HiQhvvay, 1<ey LarQo, R "�O"�7 "�O5�45"��Q755 From:Tina Cash <tinacash185@aoicomx Sent: Monday, April Z4, ZUZ31Z:45PM To: Schemper'Emi|y<Schemper'Emi|y@ Mon roeCounty'FL.Govx;To|pin'Devin <To|pin'Devin@MonroeCounty'FL.Govx Subject: Fwd: I'd like to make a suggestion for Monroe County to purchase the "Cemex" property at MM 92.5 to keep as a Natural Sanctuary! � You don't often get email fvom � — CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or � open attachments you were not expecting. -----Original Message--- Fronn: Tina Cosh � To: AAOL Email MOM Sent: Mon, Apr 24. 2O2312:21 pnn Subject: |\1 like to make osuggoshon for Monroe County to purchase the "Connox" property at MM 02.5to keep as o Natural Sanctuary! Good Morning, I am not sure how to make this happen, but assume starting with Board of County Commissioners would be a start. Knowing that there is o mooting this Friday and are unsure the outcome; | would like to propose that Monroe County purchase this parcel osis. It has been vacant for o nnony, many years, and has o|naody mostly returned to o natural sizeable piece of land that will help keep our County clean if we keep it as a green space. The Keys are a diverse community, and we need to not only maintain current green sp000, but to build on what we o|naody have in order to stay hoo|thy-flona and fauna o|iko|||| This is a perfect time to accommodate the natural landscape that has been returned to us due to the return to nature that it has now become. | onn o teacher at Plantation Key School. | teach the importance of conservation throughout the school year. Many students and parents do not realize that Monroe County is actually one of only a few National Marine Sanctuaries in the This parcel is very close to Ocean-side water. It is also near a very congested area -similar to Key West as you round the corner there at what MM 2 or 3? It is so clear to me that this would be a perfect area to purchase to help us keep the County green. There aren't too many tracts of land left and I feel sure your constituents would appreciate that you would support this choice over yet another grocery store and supposed affordable housing. I hope that the meeting Friday supports the original land use. I believe that was close to a 3-year study and approving a commercial overlay is absolutely wrong for the Keys. I do have some ideas of how money can be raised to purchase this property which I would be happy to share after the meeting, Thank you in advance, Dr. Tina Cash 2 |ize AQui|a From:Tina Cash Sent:Thursday, April Z7, ZUZ35:38PIVI To: Schemper-Emily �To|pin'Devin Subject: Hello again � You don't often get email from — CAUTION:This email originated from outside nf the County. Whether you know the sender nr not, dn not click links nr open attachments you were not expecting. Can you send the link to tomorrow's mooting. please. (Is itonvvobsito. sorry if| should have seen it) | wanted to share the "fino|" email | sent all S Commissioners just osoFYI! Thank you, Tina Good Morning, I am not sure the process, but assume it starts with Board of County Commissioners. I would like to suggest that Monroe County purchase the property otMM02. the Comoxsite. | onn o teacher at Plantation Key School. | teach the importance of conservation throughout the school year. Many students and parents do not realize that Monroe County is actually one of only a few National Morino Sanctuaries in the United States! This is o rare beauty that vvo have to work together to sovo, now is the time to act on this poroo| of land in order to protect our county. It has been vacant for many years, and has mostly returned to a natural sizeable piece of land that will help keep our County clean if we keep it as a green space. The Keys are a diverse community, and we need to not only maintain current green space, but to build on what we already have in order to stay keep it healthy-flora and fauna alike!!!! This is a perfect time to accommodate the natural landscape that has been returned tous. This ponoo| is very close to Ocean-side water which, ifitis built on, could be o disaster. It is also near a very congested area -similar to Key West as you round the corner there at MM 2 or 3, the traffic there would be destructive. It is so clear to me that this would be a perfect area to purchase to help us keep the County green. There aren't too many tracts of land |oft and | foo| sure your constituents would appreciate that you would support this choice over yet another grocery store and supposed affordable housing. | rood scholarship applications from Coral Shores High School. There are three statements that | vvou|d like to share- paraphrased of course, that shows how critically important it is for us to make the correct choice with regard to this land. If high schools seniors can figure this out. | would hope we as o County Student 1. "as part of my marine science class, I became dive certified and work with marine conservation organizations in the Upper Keys. This program has allowed me opportunities to help our fragile environment and has given me a true sense of purpose to protect our waters." Student 2. "a career in Data Science, which will allow me to plan for and address sea rise, which will affect South Florida, but especially the Keys over the next decades." Student 3. 1 worked on a study that looked at the pharmaceuticals in our local waters that affect our marine wildlife, mainly bonefish and other marine mammals in the Lower Keys. Data will help determine ways we can eliminate harmful chemicals and help in preserving the waters of the Keys that I value as a key part of my life." I hope that the meeting Friday supports the original land use plan. This was a rigorous study, well research and developed, and approving a commercial overlay is absolutely wrong for the Keys. Mayor Cates, you perhaps more than other Commissioners as a 4th generation Key West Conch, have witnessed terrible destruction of lands due to misuse. This land can be saved from development! This is the time to support the research that gave this parcel its definition. I know the citizens of Monroe County would be proud and supportive of your decision to keep this as a natural land mass that will help protect not only Monroe County, but the efforts of NOAA and the National Marine Sanctuaries. I do have some ideas of how money can be raised to purchase this property which I would be happy to share after the meeting. Thank you with respect, Dr. Tina Cash Aguila-Ilze From: Schemper-Emily Sent: Tuesday, September 12, 2023 3:41 PM To: Aguila-Ilze Cc: Tolpin-Devin Subject: FW: Publix Tavernier Can you please add this to public comment for Cemex files? Thanks ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From: Massey-Richards Surveying<mrsurveying@att.net> Sent:Tuesday, September 12, 2023 3:17 PM To: Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2<boccdis2@monroecounty-fl.gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDISS@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov> Subject: Publix Tavernier CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. I am a Tavernier homeowner for 29 years and I am very much in favor of the Publix development. In season I have to plan my trip to Publix in Islamorada or Key Largo around the traffic schedule as to not get stuck. Also, the affordable housing, as my 4 children cannot afford to buy a house now here and the insane prices and barely can afford rent. The vacation rentals and Airbnb is driving the market to unattainable prices for our younger generation. If this continues only millionaires will live here and even us small business owners will be driven out. It is time for the County to step up. Thanks, Anna ]I_ ich r'(i<s, C f°`,M,, ] eal.t0r ss ayRicharchs " I),O, Box, 6 ¢)fir 8)8)8)8)8) t: v u s eas I fwy, "V`dwve:r::ier, 11, 33070 t��t� ••t�t� 1 Aguila-Ilze From: Schemper-Emily Sent: Wednesday, September 13, 2023 10:27 AM To: Abel-Corie; Brett Ekblom; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Atoppino@charleytoppino.com Cc: Aguila-Ilze Subject: RE: Tavernier Development. Tavernier Publix and 86 Units of Affordable Housing Follow Up Flag: Follow up Flag Status: Flagged Thank you Brett.We will add this to our consideration and include with public comment in the file. ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From:Abel-Corie<Abel-Corie@MonroeCounty-FL.Gov> Sent:Wednesday, September 13, 2023 10:07 AM To: Brett Ekblom <brett@nativeconstruction.com>; Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4 <BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDIS5@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper- Emily@ Mon roeCounty-FL.Gov>; Atoppino@charleytoppino.com Subject: RE:Tavernier Development.Tavernier Publix and 86 Units of Affordable Housing Thank you for your email! Best, Corie Cor ie Abel Executive Assistant Holly Merrill Rase ein Mayor Pro Tem Monroe County 102050 Overseas Hwy, Suite 2-234 Key Largo, FL 33037 (305)453-8787 (Office) Courier Stop#26 Abel Corse �I oirioe :ouirt ::::.Il::.�.:.�uov .................................................................R.............................................................................................. . ..r no!�r..l::g.!"�.g..L!..!"!.:�"::::�.!..,.gg. Monroe County, Florida 1 "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. brett"�i rat.ive�onstr�uc:tion.c:orri> From: Brett E om <................................................................................................................................................................................................ Sent:Wednesday, September 13, 2023 9:28 AM To: Cates-Craig<Cates :rai �I�M1oirroe :o�uirt Lol:uo�r>; BOCCDIS2<boc:cdis2"�rrioirroeco�uirt fl. oar>; BOCCDIS3 ...............................................................g.....R............................................................................................. ................ .................g................ <BOC :DI.S a�I�M1oirroe :o�uirt Lol:uo�r>; BOCCDIS4<3C CC II.S a t Lol:uoy>; BOCCDIS5 <BOC :I�II.S a�I�M1oirroe :o�uirt Lol:uou>; Schem er-Emil <. c:Irerri er Frriil �I�M1oirroe :o�uirt Lol:uou>; ................................................................ ............................................................................................ ............................................... p Y ..........................................1....................................................Y.. R.............................................................................................�"............................................... Subject:Tavernier Development.Tavernier Publix and 86 Units of Affordable Housing CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear commissioners, I am a local that lives within 3 miles of this new development and the new grocery store. I am in support of this development. I'd be happy to shop at Publix as opposed to Winn-Dixie. The affordable housing is great for our workforce community that we"do need." Thanks, Brett 2 Aguila-Ilze From: Schemper-Emily Sent: Wednesday, September 13, 2023 10:28 AM To: Jacquelyn Ekblom; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDISS Cc: Brett Ekblom;Aguila-Ilze Subject: RE:Tavernier Publix Follow Up Flag: Follow up Flag Status: Flagged Thank you Jacquelyn. We will add this to our consideration and include with public comment in the file. ************************************************************** Emily Schemper, AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From:Jacquelyn Ekblom <jacquelyn@nativeconstruction.com> Sent:Wednesday, September 13, 2023 10:27 AM To: Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDISS@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@ Mon roeCounty-FL.Gov> Cc:Jacquelyn Ekblom <jacquelyn@nativeconstruction.com>; Brett Ekblom <brett@nativeconstruction.com> Subject:Tavernier Publix Some people who received this message don't often et email fromueV n natuveconstwcdon.ccrom.(Lear)w thus u�um rcroutant p p g g 0...............................�........, �............................................F.............................................. ...H.................................. CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. "Dear County Commissioners, I am a lifetime local resident that lives within a few miles of this new development and the new proposed grocery store. I am in support of this development. I'd be happy to shop at Publix as opposed to Winn-Dixie. This affordable housing is great for our workforce community that we"do need."" Please consider supporting this needed project. Sincerely, Jacquelyn Ekblom Jaaa°a aaadl,n Wrenn E11�Jluarru, VP N al i� e a(:aurv.�V ruaa°l iml Conn ruacl ing� [ne N al i� as ]Zenl(d Piroperl i LLC N al,i� as ASV w uagv LLC 100 Wrenn si reel, 1 T"n cill"llicill"", F1 330,470 305-4852-3 1 M M'fice 305-4852-26184 F'ax CcH ir..i.a t ye c o..ir..i.s t..i.r u cl o..ir..i. c..o..in..,.i.. Eirraid iriativecoiristiructioirl.coin'I.. . ....................................................................................................................................................... From: Schemaer Emily To: Aouila-Ilze Cc: Taloin Devin;Ciaffari Chervl Subject: FW:Traffic safety report prepared by Mr. Miles Moss Date: Monday,January 22, 2024 3:05:42 PM Attachments: imaoe00001.ong Miles Moss Sianed Reoort.odf imaoe00001.ong <1--[if Ite mso 15 11 CheckWebRef]--> )cheinper I::mi� y has shared a Onr:Drive ffle with you. To view it, did< the ink be ow. 11 1 p'uq+Yi.0 Miles Moss )Ignt:d �C'port pffl: <1--[endif]--> Ilze, can you please add this to the Cemex LUD Overlay items? Thanks ************************************************************** Emily Schemper,AICP, CFM Senior Director of Planning& Environmental Resources Monroe County I Planning& Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, FL 33050 305.453.8772 ************************************************************** From: barretor@bellsouth.net<barretor@bellsouth.net> Sent: Wednesday, December 6, 2023 5:04 PM To: Schemper-Emily<Schemper-Emily@MonroeCounty-FL.Gov>; Cates-Craig<Cates- Craig@MonroeCounty-FL.Gov>; BCCCDIS2 <boccdis2@monroecounty-fl.gov>; BCCCDIS3 <BCCCDIS3@MonroeCounty-FL.Gov>; boccdis4@monroecounty-4.gov; boccdis5@monroecounty- fl.g Subject:Traffic safety report prepared by Mr. Miles Moss 00000000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000000 0 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. I wanted to forward you a copy of this report before the December 13th meeting as it relates to item P6 on the agenda (Cemex/Tavernier overlay).The Tavernier Community Association intends to introduce this report. Mr. Mills reviewed the Level 111 traffic Study submitted by the developer. Mr. Mills points out that the level 111 study fails to forecast traffic safety issues and conflicts associated with crossing the 140' medium or the three residential streets located between the project and Burton drive. He concludes that the proposed supermarket and multi-family development will generate hazardous traffic conditions and traffic accidents. Traffic Safety Report for Proposed Mixed Use Project Prepared by Miles Moss, P.E. Proposed Mixed Use Development: Supermarket and Multi-Family Housing Location: 92501 Overseas Highway, Tavernier, FL Parcel I.D. - 00089490-000000 & 0049025-000000 Planning File Number: 2022-053 Summary I am a licensed professional engineer and my area of expertise, since 1970, has been-in the field of Traffic Safety and Traffic Accident reconstruction, Traffic Accident reconstruction applies the laws of physics to determine, after an accident has occurred, how fast the vehicles were traveling at, and what the contributing causes of the accident were. I have been recognized as an expert witness in numerous courts in the State of Florida to render expert testimony in traffic safety issues and traffic accident reconstruction. The purpose of this Report is to review the Developer's Traffic Impact Study (TIS) (updated January 2023) and to forecast potential traffic safety issues related to the proposed supermarket and mutli-family housing development. As more fully set forth below, it is my professional opinion, within a reasonable degree of engineering probability and certainty, that the project will exacerbate the existing traffic conflicts and create hazardous traffic conditions. Developers Traffic Impact Study According to the Developer's TIS the proposed development is projected to have 6,813 vehicle trips entering and exiting the location daily. Most will occur during the 12 hour"shopping day"which averages 500—600 vehicles per hour. The Florida Department of Transportation currently reports about 31,500 daily trips at the location, These also mostly occur during the "shopping day"which averages 2600+ vehicles per hour. The Median It is important to note that the Developer's TIS fails to forecast the traffic safety issues and conflicts associated with "crossing" the 140 foot median. Southbound traffic is likely to use the median to cross U.S. 1 to enter the property; Southbound traffic exiting the property is likely to use the median to cross U.S. 1 to travel South. The median has limited stacking capacity. The TIS also failed to address the traffic safety conflicts from the three residential streets located between the project and Burton Drive (Garden, Arbor and Oleander). Analysis Entering and Exiting site traffic, stopped at the stop signs must estimate the speed and distance of approaching traffic on US 1, estimate the time needed for them to safely cross the roadway, and decide if a safe gap in traffic exists for them to safely cross the roadway'. These conflicts are often not estimated accurately and will result in accidents. If the number of safe gaps is limited due to the large volume of traffic on US 1, there will not be adequate space for the entering or exiting traffic to safely store in the median without obstructing traffic on US 1 also leading to a hazardous condition. Exhibit I shows the proposed site location on U.S. 1, just south of the curve. U.S. I at this location has the northbound lanes separated from the southbound lanes by a 140-foot wide median. However, the "useful" portion (101 — 120 ft) of the median can only accommodate approximately 5-6 vehicleS2. Stop signs control exiting traffic from the development, as well as eastbound and west bound traffic crossing the median area (Exhibit 2). The project is expected to generate 6,813 trips per day that will conflict with the 31,500 daily trips on U.S. 1 (Exhibits 3 & 4). It is expected that the 3,406 westbound exiting trips controlled by a stop sign will conflict with the 16,000 northbound US 1 trips daily. In addition, the 1,873 west bound exiting trips controlled by a stop sign will conflict with the 15,500 southbound US 1 trips daily. Also, the 1532 east bound entering trips controlled by a stop sign will conflict with the 16,000 northbound trips on USI. (Exhibit 5). The evening peak hour will generate 675 vehicle trips, it is expected that the 33,1 exiting trips, controlled by a single stop sign, will conflict with the 1616 north bound US 1 trips, and the 155 east bound entering trips, controlled by a stop sign, will also conflict with the 1616 northbound US 1 trips. In addition, the 182 westbound exiting trips, controlled by a stop sign, will conflict with the 918 southbound US 1 trips.(Exhibit 6). "Unusual Geornetrics" The Developer's TIS concludes that because of the "unusual geometrics" of a 440-foot wide median, the analysis software cannot properly analyze the projected resulting conditions, I Entering traffic safe crossing (38 foot + 15 foot vehicle length) require 4.7 — 5.8 seconds (gap time). 4.7 — 5.8 seconds @ 45 mph (speed limit) = 307 — 379 ft safe gape distance (over 1 football field.) Exiting traffic crossing (50 ft + 15 ft vehicle length) require 5.2 —6.3 seconds (safe gap time) 5.2 —6.3 seconds @ 45 MPH (speed limit) = 34.2—419 ft safe gape distance (1 — 1.5 football fields) 2 Eastbound median storage 101 ft to stop bar. At 20 ft (15 ft vehicle + 5 ft space) per vehicle = 5 vehicle storage. Westbound median storage 122 ft to stop bar at 20 ft per vehicle =6 vehicle storage. and intersection delays and vehicle queues may in fact be larger than projected, and a traffic signal may be needed. While the consultant's software may not be able to "properly analyze" projected conditions, delays and ques, as a professional engineer and traffic reconstruction expert, it is my professional opinion that a hazardous condition will result due to the site generated conflicts. Considering the large number of trips expected to be generated by the proposed development, and the continuous traffic flow on US-1, it is reasonable to conclude that delays and vehicles stopping in the median can easily be expected to occur which will result in accidents taking place. With respect to the Consultant's comment "a traffic signal may be required," there is no indication that the Florida DOT will approve or permit one or two traffic signals at the Northbound or Southbound lanes of U.S. 1. And while the installation of one or two signals may alleviate some of the conflicts, the configuration of the immediate area (the curve, speed, and residential and commercial congestion —two gas stations and a fast-food restaurant with a drive-through) is likely to generate numerous traffic safety issues and conflicts even with signals. The writer would be remiss if he did not point out and compare the proposed project to the three other supermarkets in Key Largo that have safer access to U S 1. 1) The Tavernier Winn-Dixie which has a visible divided highway two access driveways traffic signal; 2) The Key Largo Publix which has a visible divided highway, two access driveways, traffic signal; 3) The Key Largo Winn-Dixie that has a visible divided highway, two access driveways; several deceleration lanes on both N and S bound traffic. Conclusion Based on education, training, and experience and over 00 years of experience as a traffic safety engineer and expert in traffic accident reconstruction it is my professional opinion that the existing CEMEX location is not well suited for a high traffic generation site and it is reasonably probable that the proposed supermarket and multi-family housing developments will generate hazardous traffic conditions and traffic accidents. Miles E. Moss, PE Moss Accident Reconstruction " %. �� "µ - ,a I° I�A,�c°i. ,nl 4II J (Et Qti4 , h ary l lnfi I lu e. . of �5�1i� ��w��,u»II'�� "��ll:r�,��,�b�l.�i�,»i �r r!��l�ls, �,iPGr�pr�iGy�lff a� � o �' ll January 22, 2024 The Honroable Mayor Holly Raschein Monroe County Board of County Commissioners 102050 Overseas Highway,Suite 234 Key Largo, FL 33037 Dear Mayor Raschein, The Key West Chamber of Commerce represents 535 businesses and their employees in the Greater Key West area.One of our Legislative Agenda items for 2024 is to support workforce housing initiatives and projects in the Florida Keys. As you are undoubtedly aware,the shortage of affordable workforce housing in the Keys has become a significant challenge affecting residents and businesses throughout Monroe County. In light of this,the Key West Chamber of Commerce is actively supporting a new project in Tavernier, FL, located at the old Cemex Plant/MM 92.5,which aims to provide 86 workforce housing units. Rarely does a development have both an economic engine and an affordable housing component, which this project does, and it represents a viable and timely opportunity to address the current housing crisis in our region.The availability of affordable housing is essential for sustaining a thriving community and ensuring that our workforce can continue to contribute to the economic prosperity of the Florida Keys. We kindly request your consideration and ask for your support in bringing this project forward. By endorsing this workforce housing project,we believe that we can make a significant impact to alleviate the housing challenges faced by our residents. Sincerely, James E.Wilson President Cc: Monroe County Board of County Commissioners Mr. Roman Gastesi,County Administrator Board of Directors, Key West Chamber of Commerce �fIYu, „AApal.i ref. 6"`r works a11. (` l0.'todlys!b' Ifoir 1bt'ISi)rl1l6.S,"" sIUIVft""0;"ess, ail. a`,oji,."IlxeI(uller of lemid.deILs, aItIIlYII(d a cl'.'wrnipion. fi):r erG t.l.'UAvi711Illg From: To: 8suUa-llze Subject' Fm: Opposition mcemex property proposed amendments Date: Thursday,February zs'202*8:39:5*AM Attachments: Taverni FYI DevinTo|pin, AKP, CFM P|anning & Deve|opment Review Manager Monroe County � Nanning and Environmenta| Resources 10205OOverseas Highway, Key Largo, FL 33037 305�453�8755 From: Kelly Cummings<ke||y.cummin8s.001@8mai|.com> Sent: Wednesday, February l4, 2U247:S2PM Cc: Kelly Cummings<ke||y.cummin8s.001@8mai|.com> Subject: Opposition to [emex property proposed amendments � You don't often get email from — CAUTION:This email originated from outside of the County. Whether you know the sender or not, � dV not click links Vr open attachments you were not expecting. Dear Madam Mayor and Commissioners, I am writing to express my agreement with all of that has been detailed in the "Open Letter" to you from multiple community organizations opposing any amendments to the Cemex property text/map/use (Florida Keys Free Press, February 8, 2U24-attached). | am especially opposed to any amendments to increase use because my family (Du8and and | were part of the Livable [ommuniKeys Master Plan creation process twenty years ago to protect our community from this kind of over-development. Respectfully, please review the attached letter and Livab|e [ommuniKeys Master Plan. | support the current, and potential owners, to use and/or redevelop the property based onthe existing established zoning. Please recall, or seek confirmation from FDOT, regarding the ongoing hazardous traffic conditions in this area. This location cannot accommodate this significant growth. One important detail | want toshare is that my sons who attended the Livable CornrnuniKeys community meetings as children are now watching as adults to see if the community supported and adopted plan ishonored. We, plus countless community members, the County's very experienced and educated staff, and your appointed Planning Commissioners do not support these requested amendments. Sincerely, Kelly A. Cummings 14A•February 8,2024•Rornon Kevs Rre Pares, OPEN LETTER TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Commissioners,on February 15,2024,you will be asked by the Developers ofthe proposed Cemex Site to decide on a'text Amendment that will es- sentially create the`"FAVERNIER COMMERCIAL OVERLAY DISTRIC't Ifapproved,it will pave the way for the development ofa large grocery and liquor store as well as 86 deed restricted workforce housing units.As representatives ofcommunky organizations,we would make three initial points. First,there is no valid health,safety or welfare need that justifies an ex- development research and review process.That process has produced a ception to the current regulations for suburban commercial develop- tremendous amount of information and often,with so much informa- ment.If we needed a hospital or a fire station,such jusfification might tion,it is easy to lose track of facts. exist;clearly lun-ver,that is not the case. The Planning Director in her November Staff Report to the Commis- Second,we have been repeatedly assured by the Developers that the sion,reported facts and results ofthis long running review.They include commercial phase would not be built without the Residential phase. the following: Currently,the ROGOs needed for the residential phase have not been 1.The proposal was reviewed by the Development Review Committee. secured The Developers,in their filings,have assured the ROGOs will The Board passed a Resolution recommending the Commission NOT come from the County or from Islamorada.That is not possible at this to approve the Project. time. At the November BOCC Meeting,the issue of ROGOs came up in a discussion.The Planning Director was asked to comment,and she 2.The Application was reviewed by the Planning Commission which explained that the County ROGOs were earmarked for mitigation and voted to recommend DENIAL ofthe Application. could not be used for the Cemex Project.She further commented that 3.The Planning Department stated,"The proposed Amendment is NOT ROGOs in the possession ofanother city,(such as lshmorada)cannot be consistent with the goals,policies and objectives ofthe Monroe Coun- transferred.The County Attorney spoke and explained that the State ac- ry 2030 Comprehensive Plan". tion relative to hurricane evacuation modeling may ultimately solve the 4.The Planning Department stated,"The proposed Amendment is NOT problem.The Commission then voted to wait for the State to act.Atthe consistent with the Tavernier LCP"(The LCP specificallyprohibits the December BOCC Meeting the Commission passed a resolution to ask designation of any new commercial district beyond that contained in the State to make no decision prior to 2025.Therefore,it appears,that the Master Plan.We have argued and continue to argue that the Over- the requisite ROGOs am not available.Approving the'text Amendment, lay constitutes a new commercial district.) knowing the ROGOs are not available,goes against the assurances that have been made to the Community.The Developers have had two years 5.The Planning Department stated"The Amendment is NOT consistent to secure the ROGOs.That has not happened with the principles for guiding development for the Florida Keys area As articulated in Florida Statutes". Third,The Text Amendment is intrinsically tied to the Map Amend- 6.The Planning Department stated,"The Amendment is NOT consis ment.Both have been working their way through the approval pro- tentPart II,Chapter 163,Florida State Statutes'.' cess until the December meeting at which time the developers attorney asked that the Map Amendment be pulled from the agenda.Because of 7.The Planning Department stated,"STAFF ANTICIPATES THE PRO- the relationship ben-en the'text and Map Amendments,both should POSED AMENDMENT WILL RESUIX IN AN ADVERSE COM- be considered at the same meeting.There is only one reason the devel- MUNELY CHANGE TO TAVERNIER AND THE IMMEDIATE opers attorney would have removed this from consideration and that is AREA'. to avoid the will ofthe Community who have asked that this very im- In no event shall an amendment be approved which will result in an ad- portant issue be decided by a super majority ofthe Commission.By tak- verse community change to the planning area in accordance with the ingupthe'text Amendment alone,a simple majority is all that is needed Livible Communikeys Master Planpursuant to the findingofthe BOCC! to approve the Amendment.We don't fault Mr.Smith for pursuing this Adding to these findings of the Staff and Review Committee,we un- strategy.Smart move on his part!However,we expect you,as our Rep- derscore the concerns relative to traffic safety.The developers have sub resentatives,to recognize this ploy and to take action to ensure this issue is hilly transparent and fair to the Community. The Community cared miffed a Level III Traffic Study which we believe still under review. This study,for the most part,deals with capacity.The State has recently enough about this issue to walk the streets and speak with the homeown- ers living within 600'ofthe affected property.Section 102-158(d)(8)of Published a traffic study that suggests that US-1 is already at capacity. The Commission did not accept those results,but one cannot ignore that the Land Development Code sets firth the process for securing and fit- thereare capacity issues presently impacting US-1. ing written protests with the Clerk ofthe Commission.The Communi- ty was successful in securing and filing the required protest forms.The The Tavernier Community Association has procured its own traffic en threshold was met and certified by the Clerk That action triggered the gineer too.A copy of his report has been delivered to each ofyou as well requirement for a super majority vote.We ask you,as our elected Repre- as to the Planning Director.That report points out that the Developers' sentatives,to ensure that the will ofthe people is realized The Commu- Level III Study fails to forecast the traffic safety issues and conflicts as nity,by and through their actions,are telling you they do not want this sociated with the"crossing"ofthe 140'medium.Additionally,it points issue decided bya simple majority.Please do not disenfranchise us. out the Developers'Traffic Study also falls to address conflicts from three At the December BOCC Meeting,Commissioner Lincoln recognized residential streets between the project and Burton Drive.Our engineer the importance of the relationship beriveen the Map and'text Amend- concludes:"The existing Cemex location is not well suited for a high traffic generation site,and it is reasonably probable that the proposed ments as well as four other separate applications submitted by the lie- supermarket and multi-family housing development will generate velopers.She made a motion to continue all the Cemex proposals un- hazardous traffic conditions and traffic accidents." ffi they were ready to be heard at one time.That was a motion in the best interest of this Community and one that is consistent with the re, We realize the Developers have a right to develop and we are not in op- ommendations of the Planning Department.The motion passed 3-2; position to development that is consistent with current Land Develop- however,after the break,Commissioner Scholl came back and said he ment Rules,i.e.,a development that is consistentwith our LCP and other did not understand what he was voting for and changed his vote which developmental guidelines,but we do not see an overlay is warranted.It killed the motion.We thank Commissioners Lincoln and Cates for their would allow for a major exemption to our Community Master Plan and efforts and for supporting the motion We ask that you each recognize negatively impact traffic safety in the area.We urge you to follow the that there are multiple Applications by the Cemex group and that all are staffs recommendations,which align with the Community's wishes and interrelated and all,depending on how they are adjudicated,will impact hear all the Applications at one time.Barring that,we urge you to vote the others.'to deal with these in a piecemeal fashion is time consuming NO to this Application. and costly to the taxpayers.On February I5th you have scheduled a spe- TAVERNIER COMMUNITY ASSOCIATION cial meeting to consider just one out ofat least six pending Applications KEY LARGO FEDERA'HON OI'HOMEOWNERS related to the same project.You can do better than that! ISLAMORADA COMMUNITY ALLIANCE For nvo years,the original Applications have been moving through the HAMMER POINT HOMEOWNERS ASSOCIATION THE T Tavernier Community Association Liz Yongue From: Judy O'Hara <shamrockre@aol.com> Sent: Wednesday, August 28, 2024 11:33 AM To: Liz Yongue; Ballard-Lindsey@monroecounty-fl.gov Subject: Objection to an ordinance by the BOCC, establishing Goall 13,objective 113.1 and site specific subarea policy 113.11 (LLC file#2023-205) Attachments: 2023-205-DRC-SR-72224-w-Attachment (1).pdf Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from shamrockre@aol.com.Learn why this is important Pursuant to Florida Statute 163.3184. 1 hereby object to the proposed text amendment (LLC File#2023- 205), and agree and adopt the June 24, 2024 Staff report prepared by Devin Tolpin and Barbara Powell (Attached hereto). Judy O'Hara Vetrick 136 Tavern Drive Tavernier, FL 33070 Attachment: County Staff Report i ff!1) y 4s„ 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 To: Monroe County Development Review Committee; and 11 Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 12 13 From: Devin Tolpin, AICP, CFM, Planning & Development Review Manager; and 14 Barbara Powell, Planning Policy Advisor 15 16 Date: June 24, 2024 17 18 Subject: An ordinance by the Monroe County Board of County Commissioners amending the 19 Monroe County Comprehensive Plan to establish Goal 113, Objective 113.1, and the site 20 specific subarea policy 113.1.1, Tavernier Workforce Housing Subarea 1, as proposed by 21 Cemex Construction Materials Florida, LLC f/k/a Singletary Concrete Products Inc., 22 LLC (File 4 2023-205) 23 24 Meeting: July 22, 2024 25 26 27 I. REQUEST 28 29 On September 1, 2023, the Planning and Environmental Resources Department received an application 30 from Smith/Hawks, PL (the "Agent") on behalf of Cemex Construction Materials Florida, LLC f/k/a 31 Singletary Concrete Products, Inc. (the "Property Owners" and "Applicants") to amend the Monroe 32 County Comprehensive Plan to establish Goal 113, Objective 113.1, and the site specific subarea policy 33 113.1.1, Tavernier Workforce Housing Subarea 1, on a portion of property located at 92501 Overseas 34 Highway, Tavernier with Parcel Identification Number 00089490-000000 (the "Property"). Amended 35 and restated applications were received on November 21, 2023, February 28, 2024, and May 6, 2024. 36 37 The Applicants state the reason for the requested amendment is: "The Amendment seeks to create and 38 provide language for Goal 113, Objective 113.1, and Policy 113.1.1 "Tavernier Workforce Housing 39 Subarea", creating a site-specific subarea for workforce housing and to allow the Property to receive 40 eighty-six (86) workforce housing early evacuation ROGO allocations allocated from Monroe County, 41 to permit construction of eighty-six (86) much needed multi family workforce housing dwelling units 42 near a large employment center. 43 44 The amendment willpermit the Applicant to redevelop the Property with up to eighty-six(86)desperately 45 needed deed restricted workforce dwelling units in an ideal location for the Islamorada Employment 46 Center... " 47 48 The Applicants' full explanation and justification of the proposed amendment is included in the file for 49 the application (File 2023-205). I Concurrent Applications 2 File 2024-041: A request for a Development Agreement between Monroe County and Blackstone 3 Group- Tavernier 925, LLC and the Vestcor Companies, Inc. concerning the proposed redevelopment 4 of the Property (and adjacent Parcel ID4 00490250-000000) with up to 49,900 square feet of 5 nonresidential floor area and eighty-six (86) attached affordable workforce dwelling units. 6 7 File 2022-054: A Land Use District(Zoning)map amendment for the Property (and adjacent Parcel ID# 8 00490250-000000) to apply the Tavernier Commercial Overlay. It should be noted that the Florida 9 Department of Commerce through Final Order No. COM-24-020 rejected the Land Development Code 10 text amendment upon which this map amendment would rely upon in order for the overlay to be lawfully 11 established. On June 27, 2024, the Florida Department of Commerce issued an Amended Final Order, 12 pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes on the land development regulations 13 adopted by Monroe County, Florida (the "County"), Ordinance No. 04-2024 (the "Ordinance") stating 14 the Department's initial final order issued on May 16,2024,is superseded and replaced by the final order 15 issued on June 27, 2024. The Amended Final Order states that the Florida Department of Commerce 16 finds that Monroe County Ordinance No. 04-2024 is consistent with the Monroe County Comprehensive 17 Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern 18 and is approved. 19 20 File 2022-012: A request for a Major Conditional Use Permit to develop the Property (and adjacent 21 Parcel ID4 00490250-000000) in two phases. Phase 1 of the development proposal includes the 22 construction of a 64,080 square foot grocery and liquor store (a commercial retail use). Phase 2 of the 23 development proposal is the development of 86 attached, deed-restricted affordable housing dwelling 24 units. Pursuant to LDC Section 139-1(f), any nonresidential development subject to the inclusionary 25 provisions of the LDC are required to obtain certificates of occupancy on said deed restricted affordable 26 housing prior to the resulting nonresidential use and structure. As of the date of this report, a revised 27 application and plan set has not been submitted with this file. 28 29 IL BACKGROUND INFORMATION 30 31 Site Information: 32 Location: 92501 Overseas Highway, MM 92.5, Tavernier(Island of Key Largo) 33 Parcel ID Number: 00089490-000000 34 Applicant: CEMEX Construction Materials Florida, LLC f/k/a Singletary Concrete Products Inc. 35 Agent: Smith/Hawks, PL 36 Size of Affected Portion of Property: 483,292.45 SF (11.09 acres) gross area; including 277,908.12 37 SF (6.38 acres) upland, 208,384.33 SF (4.78 acres) mangroves according to the submitted boundary 38 survey signed and sealed by David S. Massey on December 18, 2023 39 FLUM Designation: Mixed Use/Commercial (MC) 40 Land Use District: Suburban Commercial (SC) 41 Tier Designation: III 42 Flood Zones: AE(EL 8, 9, 10, and 11); VE(EL 11) 43 CBRS: No 44 Existing Uses: previously developed as a concrete plant with outdoor storage. It remains undetermined 45 if the previous has been abandoned and/or discontinued per the LDC. 46 Existing Vegetation/Habitat: Undeveloped Land, Exotic, Mangrove, and Water 47 Community Character of Immediate Vicinity: Adjacent land uses include residential to the north, 48 east, and south with commercial retail to the west across US 1.Part of the Tavernier Creek to Mile Marker 49 97 U.S. Highway 1 Corridor District Overlay (TC), established by LDC Section 130-128. 1�F 1 pp i ff �5 I V X / /;off y � ._.. Ng 9P�ror�✓ 7f^�F �,q`.. er %�!� � µ _ �� i ' ilk 1 ii r 2 The Property outlined in blue (image dated 2024) 3 4 Concept Meeting 5 In accordance with LDC Section 102-158(d)(3) and 102-159(b)(1), a concept meeting was held on 6 March 13, 2024, and it was determined that the proposed text amendment to the Monroe County 2030 7 Comprehensive Plan will have a county-wide impact. 8 9 Impact Meeting 10 In accordance with LDC Section 102-159(b)(2), a BOCC Impact Meeting was held where County Staff 11 identified the County-Wide impacts of the proposed amendment in writing and the BOCC had the 12 opportunity to offer their initial opinions and the public had the opportunity to offer input on the 13 proposed amendment. 14 15 An excerpt of the Memorandum prepared by the Senior Director of Planning and Environmental 16 Resources dated March 15, 2024, which identified the County-Wide Impacts is provided on the 17 following page. The full Memorandum is provided as Exhibit 1 to this report. Purs,iiant to the Comprehensive Plan (CP) policies approved by the Board of County Coniiiii".sioners through its,adoption of Ordinance No.,005-202 1.use of the 300 early ela7aCuatiQll Jjnita110CJtiojls i.-textually limited to inverse condenuiation and Bert Hanis Act liability reduction exchange program disposition whereb3,, an early evacuation nifit allocation',, allowed use n expressly limited as, follows: "Reguests for irorkforce housink early emettation unit allocatimis shall be available mily for a 1-fin-1 exchangefor (if,fi?r(lable rrllcacrrticarr.s exerrrxrticrrr,s .. . The affordable allocations returned to the C'ounli,,in exchanze for workforee hottshw earIv evacuation unit allocations shall be banked and used fear future adininistrative relief beneficial use defenti1natimis and to resohle inverse condeinnatimi cases and Bert J. Harris Jr. Private Properh,Rielits Protection Act cases." .3ee CP Policies 1 O1.3.12(a)—(a)(I) Q,Emphasis SUPPlied). The Board's exclusive statement of legislative intent regarding allowable disposition of early evacuation unit allocations is equally plain and unanibiguou&: "fTlo be used in iwchanze for existhi2 affordable allocations at inultifamily (levelolin-tents .. . . (bank them within an administrative relief pool)[.1" See Ordinance No. 00t5-,202 1. at PP. 3-,4 Emphasis supplied). Your proposed amendment involves a text change to the Board's Iiiiu'tliig CP policies enumerated iii Ordinance No. 005-2021 that, if approved,would allow your clients to take 86 early evacuation allocations, and cas e e them for development without giving in return an equal number of a ffordable allocations or ,affordable exemptions to be placed in the Courity's administrative relief bank- for takings and Bert Harris Act liability reduction protecting 1\4oilroe County property owner,--,. resident,,, and taxpayers against -,aich clahm cotuitywide. 2 3 Community Meeting and Public Participation 4 In accordance with LDC Section 102-159(b)(3), the required community meeting was held on May 20, 5 2024. Concerns from the community meeting included, but were not limited to: 6 E The intent of the adoption of the early evacuation workforce housing ROGO allocations in 2021; 7 E Takings liability; and 8 E Concerns over the rejection of BOCC Ordinance No. 004-2024 by Florida Department of 9 Commerce through Final Order No. COM-24-0201. 10 11 Previous Relevant BOCC Action: The Property 12 On September 16, 1988, an Application for a Land Use Map amendment from Suburban Commercial 13 (SC) to Industrial (1) (Fileg M9315) was received by the Planning Department. It appears that this file 14 was never processed because it was submitted when the new Comprehensive Plan was being drafted and 15 the pending application was put on hold and eventually closed. 16 17 On June 30, 2003, a Letter of Understanding (LOU)was issued, to address the potential construction of 18 300 affordable housing units on the Property. 19 20 On February 15, 2024, the Monroe County BOCC passed and adopted Ordinance No. 004-2024, 21 approving a text amendment to the Monroe County Land Development Code to newly create Section 22 130-143 to create a "Tavernier Key Commercial Overlay District" including the purpose and intent, 23 boundary, applicability,NROGO allocation standards, and maximum development potential for parcels 24 located at 92501 Overseas Highway, Key Largo, currently having Parcel Identification Numbers ' On June 27, 2024,the Florida Department of Commerce issued an Amended Final Order,pursuant to sections 380.05(6) and 380.0552(9),Florida Statutes on the land development regulations adopted by Monroe County,Florida (the"County"), Ordinance No.04-2024(the"Ordinance")stating the Department's initial final order issued on May 16,2024,is superseded and replaced by the final order issued on June 27, 2024. The Amended Final Order states that the Florida Department of Commerce finds that Monroe County Ordinance No. 04-2024 is consistent with the Monroe County Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is approved. 1 0089490-000000 and 00490250-000000. On May 17, 2024, the Florida Department of Commerce 2 through Final Order No. COM-24-020 rejected this Land Development Code text amendment. As such, 3 Ordinance No. 004-2024 is not legally effective. "No proposed land development regulation within an 4 area of critical state concern becomes effective under this subsection until the state land planning agency 5 issues its final order or, if the final order is challenged, until the challenge to the order is resolved 6 pursuant to chapter 120." [F.S. 380.05(6)]. On June 27, 2024, the Florida Department of Commerce 7 issued an Amended Final Order,pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes on the 8 land development regulations adopted by Monroe County, Florida (the "County"), Ordinance No. 04- 9 2024(the"Ordinance")stating the Department's initial final order issued on May 16,2024,is superseded 10 and replaced by the final order issued on June 27, 2024. The Amended Final Order states that the Florida 11 Department of Commerce finds that Monroe County Ordinance No. 04-2024 is consistent with the 12 Monroe County Comprehensive Plan and the Principles for Guiding Development for the Florida Keys 13 Area of Critical State Concern and is approved. 14 15 Previous Relevant BOCC Action: ROGO 16 Section 380.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern, 17 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated," 18 [380.0552(2)(j), F.S.] and requires that amendments to each local government's comprehensive plan to 19 include "goals, objectives, and policies to protect public safety and welfare in the event of a natural 20 disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 21 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study 22 conducted in accordance with a professionally accepted methodology and approved by the state land 23 planning agency" [380.0552(9)(a)2, F.S.]. 24 25 In order to accomplish the hurricane evacuation requirements by the State, in 1992 the County adopted 26 a Permit Allocation System known as the Rate of Growth Ordinance (ROGO). 27 The purpose of this Amendment Is to goals,implement �' , objectivew and policies of the Florida Keys' comprehensive Plan related to -, nrcaatlecti4h of residents, visitors and property in the County from natural t Isa.&rs,. specifically including hurricanes, by adopting a Towelling Limit Allocation Ordinance limiting annual residential development In MonroeCounty to an. amount and rate commensurate with the County's ability to maintain a reason- able and safe hurricane evacuation clearance time, as determined by policy decisions and .recently completed studies. The present hurricane evacuation clearance time in Monroe County is unacceptably high. Teased on a continua- tion of Monroe C'ounty's historic rate of growth, clearance time will contin- ue to increase. Therefore, consistent with its responsibility for protecting the health and safety of its citizens, Monroe County must regulate the rate of population growth commensurate with planned increases in evacuation capacity to prevent further unacceptable increases in hurricane evacuuation clearance time, Regulation of the rage of growth will also help to prevent: further deterioration of public facility service levels, irreversible envi- 28 r"onrmental degradation,, and potential, land use conflicts, 29 ROGO adopted pursuant to Ordinance 016-1992, adopted 6/23/1992 30 31 The Rate of Growth Ordinance (ROGO)was implemented in order to provide for the safety of residents 32 in the event of a hurricane evacuation and to protect the significant natural resources of Monroe County, 33 as required by the State of Florida. The County originally reduced the annual permitting rate from 34 approximately 500+ units per year to 255 units per year. Later the State adjusted the annual allocation 35 (see Rule 28-20, F.A.C.) to 197 units per year. Each year's ROGO allocation of 197 new units is split 36 with a minimum of 71 units allocated for affordable housing and market rate allocations cannot exceed 37 126 new residential units per year. I In 2012, the County entered into a Memorandum of Understanding (MOU) with the Department of 2 Economic Opportunity (DEO),the Division of Emergency Management(DEM), Marathon, Islamorada, 3 Key West,Key Colony Beach and Layton. The MOU provided the distribution of allocations among the 4 local governments based upon a vacant land analysis (excerpt below). 5 WHEREAS,DFO and the Local Governments,recognize that significant vacant lands remain in the Florida Keys: Monroe County with,8,758 vacant parcels(77%of total vacant lands),Marathon with .1,281 vacant parcels (I I%), Islamor&fa with ?,109 vacant parcels (I ONO), Key Colony Beach with 92 vacant parcels (0.81%), Key West with 94 vacant parcels (0.74%), and Layton with 13 vacant parcels 6 (0.I I%),and 7 8 In 2012, pursuant to Rule 28-20.140, F.A.C., DEM and DEO completed the hurricane evacuation 9 clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys 10 would be at a 24 hour evacuation clearance. Based upon the resulting 24 hour evacuation clearance, 11 DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide, 12 1,970 of these permits would go to Monroe County - excerpt below). In March 2013, the Governor and 13 Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate 10 14 years' worth of growth to the Florida Keys. 15 WHEREAS, fix)m among the scenarios provided by DEO at the June 8, 2012, Work Group meeting, Scenario 1v15 included the 2010 Census site built units(43,760 units)„ the maximum number of," residential building permits for new construction for all ll,ocat, Govemmonts per year for 10 years (annually,County 1.97,Marathon 30, Islarnorada 28,Key West 941,Key Colony Beach 6 and Layton 3); 16 1,248 mobile home units projected to convert, to site-built units; the exclusion of 870 dwelling,units on the Naval Air Station; as well as two (2,) functional evacuation lanes from MM 108-126. Further, the Work, Group, recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the U)cal Governments' ratio of vacant land;and WHEREAS. following the June 8, 2012, Work Group meeting,technical corrections were made 'to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the 17 population of the Florida Keys;and 18 19 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code, 20 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C., 21 and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time 22 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24 23 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation). 24 25 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs 26 out for an additional three (3)years from 2023 to 2026 within the Comprehensive Plan. 27 28 On January 22, 2020, the BOCC adopted Ord. 006-2020 to extend the remaining market rate ROGOs 29 out for an additional three (3)years from 2023 to 2026 within the Land Development Code. 30 31 On February 19,2020,the BOCC discussed whether to direct staff to process a Comprehensive Plan and 32 Land Development Code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of 33 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2) 34 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) 35 required to evacuate in Phase I of the hurricane evacuation model. The BOCC did not decide on the 36 potential shifting of market rate allocations to the affordable housing pool (BOCC wanted staff to I develop a menu of options). Additionally, the BOCC directed staff to start the process to accept the 300 2 workforce housing units. 3 4 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the 5 affordable housing pool (agenda item I5),the BOCC provided further direction to staff on accepting the 6 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept 7 the 300 workforce housing early evacuation unit buildingpermit allocations to be used in exchange for 8 existing affordable allocations at multifamily developments (for developers that agree to the early 9 evacuation restriction) and the affordable housing allocations returned to the County (returned in the 10 exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool). 11 12 On April 21, 2021, the Monroe County BOCC passed and adopted Ordinance No. 005-2021, adopting 13 amendments to the Monroe County 2030 Comprehensive Plan amending the Future Land Use Element 14 and the Housing Element to establish a new building permit allocation category to accept and award 300 15 workforce housing early evacuation unit building permit allocations pursuant to the Workforce- 16 Affordable Housing Initiative (Workforce Initiative) authorized by the Florida Administration 17 Commission and the Florida Department of Economic Opportunity by amendment as well as clarifying 18 policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,601.1.2, 19 601.1.8, 601.1.11, 601.5.1 and creating new Policy 101.3.12 to establish the specific workforce initiative 20 requirements. 21 22 On April 21, 2021, the Monroe County BOCC passed and adopted Ordinance No. 006-2021, approving 23 amendments to the Monroe County Land Development Code amending the Section 138-24, Residential 24 ROGO Allocations, to establish a new building permit allocation category to award 300 workforce 25 housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing 26 Initiative (Workforce Initiative) authorized by the Florida Administrative Commission and the Florida 27 Department of Economic Opportunity and to Establish the Specific Workforce Initiative Requirements. 28 29 30 III. APPLICANTS' PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT 31 32 The Applicants' proposed text, as submitted on May 6, 2024, is shown as follows: additions are in lrliue 33 tuide litre, ............................................... 34 GOAL r L 1"1 °i a6�j 35 � r.�i� � � rnty 1 �� uwl� u�� ih 6��a�u � � w� �:� r � �; al�� .aY � 6 . 6� n�:.... y...g9�1!!]1Y M Jd e tlt��:. F f world e ('ortipli tit,. tid rres'djeti ., t o 36 aru�N rp�uri�.i�:�� .lu�, � rrru ��6.... :�ur�°�� ll�u�ufroiru. w �.6u��....0 � r��6�., �°�� .. .. ... 37 u �� u.yu�� 6:� ,�uilly Suly�ul�l� �� lug. V 1 lA sitiv a �.1„ ��uyl„fig it l;r�� ..,.,..� u� �.�� u �� a � vu� :... �1 38 I ll�ucati uru ��6....world'orce i��uiu siti �,a lV. ;;N��u��l��fuwl��u��:.. ��6 ,ilk. ,F��,°16i�° ��N �urr�;� u�wl��°��I u�irru�wl�,r, �u�� the .. 39 eva tmtioti ll at Sul..Growth 01-ditiatic e.. 'otltljy wjthjtl the t,j.i i Y , to address the 40 jtladegggj , ayailalrility o 'workforce luotI riui l:...iui the...1.J grr. �Ys.,. 41 l u 42 l F ,, ti��ru �u[ �urur�l� � �u u�y shall create u�.� F� "u u�° f�u I �. f ...located uru �r�u� Which a ru;uu�.the.. � �° tu ,uui&...ga]ly l, uac:lj ,luoul i:.��.at� ��1`...t�r��uwilu � 11��`l�lrar��u�, 6�� d.... siuitabl . areas l�u�°a�.ed iru �°l�ur1$ r(�riu oily to aura e rut (r ��. ill ,u�.�. hgss areas re qgin a policy �:!Juulutn2...11ug dgl: loprtle rt restrictioti , atnd allowati ess 6'or the: 46 site, I 111111�!2IJ!:1..........! ! . ':!:11111111111221g"ED !h'l:KK 2"u"N"i lag �ml La'lma...........! 2 jj� pgMg�� gt� 51112 L� I i � 9�2 3 ind QjQfj Q(�,ig E1411 and kjjjtn,� �b�-Vgbvmgni 4 i2i j 9 tag g�;N� g �:2D �21111 ly 5 1 jk'!D�JbEy� Ltig WQrh VIA! 1109194 1 r11911 n rn WA AWS 1101 6 L�iaig NIMA�gr.� Q04Q025TQ%MQQAndTQQ8Q490 OOOOQQ L ! gajjy �Dj gn, 7 1 rim 120Q�Y' A, portioni ,,,)f' Lot 6, MbrDanWol's Plot, ly&g IF astery oF the Fostaly rjht of way Une oF Md State Road 4-A, and Recorded in PWt Book L at Poge 64 A 1—the Piu,lctic Records of Monroe County. Florida and being mare, perticul.arRy as FOROWS: DECINNING3 c-t 'the NcrthwesterQ corner of sakl Lot, 6, P,R, 1, R 64 on the Easterly rjht of way We of Md State Road 4-M tbence run Nk OW5WOP E. Wong the North Uryie,, c24" Lot 6 r'or a rAistance 0 1256M4 Wet to Uw Northeast corner oF Lot Q thence aw S. 073413' E. Wng the Last lloe (,)f' Lut dstmme 0-64L37 Feet to the our Beam st corroer, of Lot 6, thence run S, 89"19'34' %A along the bouth [me of Lot 6 For a dls-tDnF-.P or fS,72A7 feet; t1hPr)CP run N, 0,04256' 01 For, * d1tonce of 53LM Feetj thence rwin N, 8T5W4V W, For a Ws6mce oF 627A3 Feet to a Qmt cmi ""W Eostely right u,F way [ine of Ott State Road 4-M Lhem& N, 09'24'12' E. a9icpric sa�,4 d Ea teary rjht of way We fora stance* oF 9648 Feet bnc-,k to tire [IF 8 T,311-,Ul N N I N Ci t� t °a i"(a w P„ 72 VOZT„'�--';jp Y�111'� A44 -T- F'T T'" $ "Y' "I T trry ML X ry 4� ............. PARCEL xp �11 OZ. 14 141 �,ivr PAO Qr` /v-xx-- , 7 Kv................W: 1, IF, "I a r 9 10 2. 06 10001 Ah P an x ON on a I I NeD Egfia I Q I 1 I 2i�)i an d .020.5mgm 12 13 E14NXZ lap.b g j by gn A Yj orb Am 11 ONA P a 51112gEgq I `J'411 [)g g,i VO 12, -v g 13 gjghlx �i�: Q� ) RQt iQ [Y nlgan g[� I f` : l� jl a t1V. g!]!!L ard Garr. eigli1ywJx � Egikorc ho jatjotl )1jJJ(J1 2 allocatiotis, frortl motiroe Com ly 121!E�Ilalljto the \A�orkforce Affordal le If gl!� o T C 3 ltlitigli`Vg�, Eg��,'-Ved I)y 1�fl�,atiss f` a 130CC ressohjtjoti� he 130 C lllgy, 41 uIss. t 4 discretio 1, pla�.g. Otlditiotlss otl the resservatjotl 5 ii, The iticortle catCv,�?Jess for the eiv,11ty r�Jx: (31) gflits shall cotissist of, - Sn .11,111,111,111,1111,'ll""I'll s ati ""I'll" l",'ll""�.- � u d ...6 1tioderate iticortI LItIn 7 low ItIC01-tie tulitss, Otice the eivI)ty �Jx gvpl�?Y�,e holAsItiv, 111)11� g!�'. 8 wjtlljtl y s fol the9 the propeit as s ) a % 1e tie'tits 10 tulit occl.mied, 11 i, See Monroe Coumy ]Board ofCoumy CommkJonen,Ordkiim:�e No,005 .202 1,adoping 12 amendmeiw, w uhe Monroe Counly 2030 ComprehenJve Iflan, 13 pi. See Monroe Coumy f3oard of Coumy CommkJonen, Ordhuiim:�e 1rM]o,0062021, adop�ing 14 amendmeiw, w uhe Monroe Coumy Land DevOopmem ("'ode, 15 16 IV. ANALYSIS OF PROPOSED AMENDMENT 17 18 Proposals to amend the text of the Comprehensive Plan are reviewed in accordance with Chapter 102, 19 Article V. Land Development Code Section 102-158(a) specifically identifies the purpose of Article V 20 Amendments and states: 21 22 Purpose. The purpose of this article [Article V- Amendments] is to provide a means for 23 changing the text of this Land Development Code,which also includes changes to the land 24 use (zoning) district map and overlay district maps. It is also intended to add to the 25 statutory procedures and requirements for changing the future land use map (FLUM) at 26 the transmittal stage. The process for changing the text of the Comprehensive Plan 27 shall follow the process established Chapter 163, Part 11, Florida Statutes, and shall 28 require a Concept Meeting as detailed in subsection (d)(3) of this section, and shall 29 provide for community participation as specified in Section 102-159(b). This article 30 is not intended to relieve particular hardships, nor to confer special privileges or 31 rights on any person, nor to permit an adverse change in community character, 32 analyzed in the Technical Document(data and analysis),but only to make necessary 33 adjustments in light of changed conditions or incorrect assumptions or 34 determinations as determined by the findings of the BOCC. In determining whether 35 to grant a requested amendment to the text of this Land Development Code, or land 36 use (zoning) district map, or overlay map, the BOCC shall consider, in addition to 37 the factors set forth in this article, the consistency of the proposed amendment with 38 the provisions and intent of the comprehensive plan and consistency with the 39 principles for guiding development in Section 380.0552, F.S. [emphasis added]. 40 41 Current Provisions of Comprehensive Plan and Land Development Code 42 43 Monroe County Comprehensive Plan Policy 101.3.12 currently provides the following: 44 45 Workforce Initiative. To support Monroe County's workforce by alleviating constraints on affordable 46 housing, to protect private property rights and address potential liability, the County is participating in I the Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the June 13, 2 2018 meeting of the Florida Administration Commission. Monroe County accepts the 300 workforce 3 housing early evacuation building permit allocations pursuant to the Workforce-Affordable Housing 4 Initiative authorized by the Florida Administration Commission and the Florida Department Economic 5 Opportunity. The Workforce-Affordable Housing Initiative will require dwelling units constructed 6 and/or deed restricted with workforce housing early evacuation building permit allocations to evacuate 7 occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,pursuant to the criteria below. 8 To participate in the Workforce Initiative, Monroe County shall be responsible for the management, 9 distribution, and enforcement of requirements associated with the workforce housing early evacuation 10 building permit allocations. Monroe County shall ensure adherence to these requirements through 11 implementation of this policy and shall annually provide to the Florida Department Economic 12 Opportunity a report indicating the number of workforce housing early evacuation units built and/or 13 deed restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase I 14 of an evacuation. The annual report shall be provided to the State in a timely manner such that the State 15 may include the information in the required Annual Report to the Governor and Cabinet on the County's 16 progress toward completion of its Work Program pursuant to Rule 28-20, F.A.C. 17 Dwelling units developed and/or deed restricted utilizing the workforce housing early evacuation unit 18 allocations are subject to the following: 19 20 (a) Requests for workforce housing early evacuation unit allocations shall be available only for a 1 for 21 1 exchange for affordable allocations/exemptions and require a reservation via BOCC resolution. 22 The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. The 23 BOCC may, at its discretion, exchange existing reserved affordable allocations for allocations under 24 the Workforce Initiative to private development and nonprofit sector partners willing to meet the 25 requirements of the workforce housing early evacuation unit allocations. Further,the BOCC may, at 26 its discretion, approve the exchange of existing deed-restricted affordable housing units (lawful 27 affordable exemptions) at existing multifamily residential developments for allocations under the 28 Workforce Initiative to private development and nonprofit sector partners willing to meet the 29 requirements of the workforce housing early evacuation unit allocations. 30 (1) The affordable allocations returned to the County in exchange for workforce housing early 31 evacuation unit allocations shall be banked and used for future administrative relief, beneficial 32 use determinations and to resolve inverse condemnation cases and Bert J. Harris, Jr. Private 33 Property Rights Protection Act cases. 34 (2) To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the affordable allocations returned 35 to the County shall be maintained as affordable allocations and shall also be returned to the 36 original affordable housing category (very low/low/median income vs. moderate income pool). 37 (3) The workforce housing early evacuation unit allocations must be utilized based on the original 38 approved affordable housing income category or a lesser income category. 39 (4) Administrative relief means actions taken by the County granting the owner of real property 40 relief from the continued application of the Rate of Growth Ordinance (ROGO) restrictions 41 provided they meet the criteria established in the Comprehensive Plan and Land Development 42 Code. 43 (5) Beneficial use means the use of property that allows an owner to derive a benefit or profit in the 44 exercise of a basic property right. For the purpose of this policy, beneficial use shall mean the 45 minimum use of the property necessary to avoid the finding of a regulatory taking under current 46 land use case law. I (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling 2 units utilizing workforce housing early evacuation unit allocations shall require approval of a 3 resolution approving a contract between the BOCC and the applicant to officially exchange the 4 allocations and confirm compliance with the requirements Workforce Initiative within this Policy. 5 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 6 (1) Before any building permit may be issued for any structure,portion or phase of a project subject 7 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and 8 County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with 9 the provision of this section running in favor of the County and enforceable by the County and, 10 if applicable, a participating municipality. The following requirements shall apply to these 11 restrictive covenants: 12 a. The covenants for any workforce housing early evacuation units shall be effective for 99 13 years. 14 b. The covenants shall not commence running until a certificate of occupancy has been issued 15 by the Building Official for the dwelling unit or dwelling units to which the covenant or 16 covenants apply. 17 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation 18 units, the covenants shall commence running upon recordation in the Official Records of 19 Monroe County. 20 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to 21 rental occupancy for those who derive at least 70% of their income as members of the workforce 22 in Monroe County and who meet the affordable housing income categories of the Monroe County 23 Land Development Code. The occupants are required to annually verify their employment and 24 income eligibility. 25 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a pending 26 major hurricane. Persons living in the workforce housing early evacuation units who may be 27 exempted from evacuation requirements are limited to law enforcement, correctional and fire 28 personnel, health care personnel, and public employees with emergency management 29 responsibilities. If there is an occupant that indicates their employment is considered a 'first- 30 responder position' and not included in the list of exemptions above, then the Planning Director 31 shall determine, in writing, whether the person may be exempted because of a requirement to 32 remain during an emergency. Any person claiming exemption under this provision shall submit 33 of an affidavit of qualification and faithfully certify their status with the onsite property 34 management. 35 (4) The covenants shall require rental agreements which contain a separate disclosure requiring 36 rental occupants to acknowledge the existing restrictive covenant on the unit requiring 37 evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the Phase 1 evacuation 38 requirement could result in severe penalties, including eviction, to the occupant. 39 (5) The covenants shall require onsite property managers and a separate employment disclosure 40 requiring the maintenance of training in evacuation procedures and an acknowledgement that 41 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including 42 termination. I (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who 2 derive at least 70% of their income as members of the workforce in Monroe County and who meet 3 the affordable housing income categories of the Monroe County Land Development Code. 4 Workforce means individuals or families who are gainfully employed supplying goods and/or 5 services to Monroe County residents or visitors. 6 (e) Workforce housing early evacuation units shall require onsite property management with property 7 managers trained in evacuation procedures and required to manage the evacuation of tenants in 8 Phase I of an evacuation. During traditional working hours, the property manager must be at an 9 office within the workforce housing early evacuation unit development subject property. Outside 10 the traditional working hours, the property manager must be available at all times to respond to 11 evacuation orders. 12 (f) The property management entity for the workforce housing early evacuation units shall be required 13 to annually verify the employment and income eligibility of tenants; report the total units on the 14 site, the occupancy rates of units, and tenant compliance with the requirement to evacuate the units 15 in Phase I of an evacuation, including the number of occupants that are exempt from the evacuation 16 requirements. The property management entity must submit a report to the Planning and 17 Environmental Resources Department by May 1 of each year. Further, each lease and this annual 18 report shall be kept by the property manager and be available for inspection by the County during 19 traditional working hours. 20 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. 21 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal 22 Barrier Resource System (CBRS). 23 (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure 24 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted 25 LOS,paved roads, etc.). 26 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable 27 federal standards for accessibility for persons with disabilities (ADA Compliance). 28 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit 29 allocations shall incorporate sustainable and resilient design principles into the overall site design 30 and be accessible to employment centers in Key West, Stock Island and Marathon. 31 32 Monroe County Land Development Code Section 138-24(e)(2)(a)provides the following: 33 34 Workforce initiative allocation awards, eligibility and requirements. 35 36 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation 37 category to award 300 workforce housing early evacuation unit building permit allocations 38 pursuant to the Workforce-Affordable Housing Initiative (workforce initiative). The Workforce- 39 Affordable Housing Initiative will require dwelling units constructed and/or deed restricted with 40 workforce housing early evacuation building permit allocations to evacuate occupants in Phase 41 1 of the 48-hr evacuation of a pending major hurricane. 42 43 (2) Dwelling units developed and/or deed restricted utilizing the workforce initiative allocations are 44 subject to the following: I a. Requests for workforce housing early evacuation unit allocations shall be available only 2 for a 1 for 1 exchange for affordable allocations/exemptions and require a reservation via 3 BOCC resolution. The BOCC may, at its discretion, place conditions on any reservation 4 as it deems appropriate. The BOCC may, at its discretion, exchange existing reserved 5 affordable allocations for allocations under the workforce initiative to private 6 development and nonprofit sector partners willing to meet the requirements of the 7 workforce housing early evacuation unit allocations. Further, the BOCC may, at its 8 discretion, approve the exchange of existing deed-restricted affordable housing units 9 (lawful affordable exemptions) at existing multifamily residential developments for 10 allocations under the workforce initiative to private development and nonprofit sector 11 partners willing to meet the requirements of the workforce housing early evacuation unit 12 allocations. 13 1. The affordable allocations returned to the county in exchange for 14 workforce housing early evacuation unit allocations shall be banked and 15 used for future administrative relief, beneficial use determinations and to 16 resolve inverse condemnation cases and Bert J. Harris,Jr.Private Property 17 Rights Protection Act cases. 18 2. To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the 19 affordable allocations returned to the county shall be maintained as 20 affordable allocations and shall also be returned to the original affordable 21 housing income category (very low/low/median income vs. moderate 22 income pool). 23 3. The workforce housing early evacuation unit allocations must be utilized 24 based on the original approved affordable housing income category or a 25 lesser income category. 26 4. Administrative relief means actions taken by the county granting the 27 owner of real property relief from the continued application of the Rate of 28 Growth Ordinance (ROGO) restrictions provided they meet the criteria 29 established in the Comprehensive Plan and Land Development Code. 30 5. Beneficial use means the use of property that allows an owner to derive a 31 benefit or profit in the exercise of a basic property right. For the purpose 32 of this policy, beneficial use shall mean the minimum use of the property 33 necessary to avoid the finding of a regulatory taking under current land 34 use case law. 35 b. The construction of dwelling units, the redevelopment or the deed restriction of existing 36 dwelling units utilizing workforce housing early evacuation unit allocations shall require 37 approval of a resolution approving a contract between the BOCC and the applicant to 38 officially exchange the allocations and confirm compliance with the requirements 39 workforce initiative. 40 c. All workforce housing early evacuation units require a deed-restriction ensuring: 41 1. Before any building permit may be issued for any structure, portion or 42 phase of a project subj ect to the workforce initiative, a restrictive covenant 43 shall be approved by the Planning Director and County Attorney and I recorded in the office of the Clerk of the County to ensure compliance 2 with the provision of this section running in favor of the county and 3 enforceable by the county and, if applicable, a participating municipality. 4 The following requirements shall apply to these restrictive covenants: 5 i. The covenants for any workforce housing early evacuation units 6 shall be effective for 99 years. 7 ii. The covenants shall not commence running until a certificate of 8 occupancy has been issued by the Building Official for the 9 dwelling unit or dwelling units to which the covenant or covenants 10 apply. 11 iii. For existing dwelling units that are deed-restricted as workforce 12 housing early evacuation units, the covenants shall commence 13 running upon recordation in the official records of Monroe 14 County. 15 2. The covenants shall require that the workforce housing early evacuation 16 units to be restricted to rental occupancy for those who derive at Least 70% 17 of their income as members of the workforce in Monroe County and who 18 meet the affordable housing income categories of the Monroe County 19 Land Development Code. The occupants are required to annually verify 20 their employment and income eligibility. 21 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr 22 evacuation of a pending major hurricane. Persons living in the workforce 23 housing early evacuation units who may be exempted from evacuation 24 requirements are limited to law enforcement, correctional and fire 25 personnel, health care personnel, and public employees with emergency 26 management responsibilities. If there is an occupant that indicates their 27 employment is considered a"first-responder position" and not included in 28 the list of exemptions above, then the Planning Director shall determine, 29 in writing,whether the person may be exempted because of a requirement 30 to remain during an emergency. Any person claiming exemption under 31 this provision shall submit an affidavit of qualification and faithfully 32 certify their status with the onsite property management. 33 4. The covenants shall require rental agreements which contain a separate 34 disclosure requiring rental occupants to acknowledge the existing 35 restrictive covenant on the unit requiring evacuation in Phase 1 of the 48- 36 hr evacuation and that failure to adhere to the Phase 1 evacuation 37 requirement could result in severe penalties, including eviction, to the 38 occupant. 39 5. The covenants shall require onsite property managers and a separate 40 employment disclosure requiring the maintenance of training in 41 evacuation procedures and an acknowledgement that failure to adhere to 42 the Phase 1 evacuation requirement could result in severe penalties, 43 including termination. 1 2 d. Workforce housing early evacuation units shall be restricted to rental occupancy for those 3 who derive at least 70% of their income as members of the workforce in Monroe County 4 and who meet the affordable housing income categories of the Monroe County Land 5 Development Code. Workforce means individuals or families who are gainfully 6 employed supplying goods and/or services to Monroe County residents or visitors. 7 e. Workforce housing early evacuation units shall require onsite property management with 8 property managers trained in evacuation procedures and required to manage the 9 evacuation of tenants in Phase I of an evacuation. During traditional working hours, the 10 property manager must be at an office within the workforce housing early evacuation unit 11 development subject property. Outside the traditional working hours, the property 12 manager must be available at all times to respond to evacuation orders. 13 f. The property management entity for the workforce housing early evacuation units shall 14 be required to annually verify the employment and income eligibility of tenants; report 15 the total units on the site, the occupancy rates of units, and tenant compliance with the 16 requirement to evacuate the units in Phase 1 of an evacuation, including the number of 17 occupants that are exempt from the evacuation requirements. The property management 18 entity must submit a report to the Planning and Environmental Resources Department by 19 May 1 of each year.Further,each lease and this annual report shall be kept by the property 20 manager and be available for inspection by the county during traditional working hours. 21 g. Workforce housing early evacuation units shall be located within an area designated as 22 Tier III. 23 h. Workforce housing early evacuation units shall not be located in the V-zone or within a 24 Coastal Barrier Resource System (CBRS). 25 i. Workforce housing early evacuation units shall be located on a property which has all 26 infrastructure available (potable water, adequate wastewater treatment and disposal 27 wastewater meeting adopted LOS,paved roads, etc.). 28 j. All workforce housing ear ly evacuation units must demonstrate compliance with all 29 applicable federal standards for accessibility for persons with disabilities (ADA 30 compliance). 31 k. To the greatest extent practicable, a development utilizing workforce housing early 32 evacuation unit allocations shall incorporate sustainable and resilient design principles 33 into the overall site design and be accessible to employment centers in Key West, Stock 34 Island and Marathon. 35 36 Prioritization of Affordable Housing 37 Staff has reviewed the Applicant's position and supporting documentation and agrees that inadequate 38 availability of affordable housing is currently a primary issue facing permanent residents of 39 Unincorporated Monroe County. In 2015, the BOCC acknowledged the County's workforce housing 40 issues and adopted Resolution 189-2015,assigning additional duties to the Affordable Housing Advisory 41 Committee directing the committee to make recommendations for steps the County may take to address 42 the need for more workforce housing options. The Committee presented their recommendations to the 43 BOCC at their regular meeting on August 17, 2016. The BOCC held a special meeting on December 6, 44 2016, to discuss the recommendations, and provided direction to staff to move forward on several I measures to encourage and incentivize the provision of affordable and workforce housing within the 2 County. Affordable Housing continues to be a pressing issue for the County and the AHAC is regularly 3 meeting to develop recommendations to address inadequacies and offer solutions. 4 5 Additionally, Monroe County suffered the loss of a significant number of housing units due to damage 6 caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing 7 affordable housing issues facing the County are even greater and more immediate now due to storm- 8 related losses. 9 10 In 2022, the ALICE Report (Asset Limited, Income Constrained, Employed earning more than the 11 Federal Poverty Level, but not enough to afford the basics where they live) was updated. The new 12 information affirms the trend of increased difficulty in being able to afford safe, well-constructed 13 affordable housing. 14 ALICE IN MONROE COUNTY ALICIE is an acronyrm for Asset Limlited„Income Constrained,Employed—(households that earn)more than the Federal Poverty Level, but less than the basic cost of hiving for the coulnity.While conditions have improved for some households,meanly continue to struggle,especially as wages fail to keep(pace with the rilsing cost of household essentials(houlsiinlg,child care,food,transportation,health l c--are,and a basic slrrrnartpholnle plan).IHousehlrlds(below the ALIKE Threshold—ALICE households plus those in poverty—can"t afford the essentials. 2022 Point-iin-Tune-Data Population: 81,708 Nurmberof Households: 34,388 Median Household income., $79,420(state average $69„303) Labor Force Participation Rate: 62%(state average:601%) ALIKE Households: 33 rG(state average 33%) Households in Poverty: 10 %(state average 13%) NUMBER C.1E HOUSEHOLDS PERCENTAGE OF HOUSEHOLDS. I 14,OCIC 12 DOC „» ON I Q O Mour 9 .. e n �p 2,000 6,000 in 4,000 2,00© 20M 2012... 2014 2016.... _2018 201rv.... 20211 2022 R:,-i ty 8,ALICE Sources:ALICE Threshold, 2010-2022;American Community Survey, 2010-2022 The Cost of Basics Outpaces Wages The Household Survival Budget reflects the minirrur-n cost to live and work in the current econor-ny aind includes housing,chiild care, food,transportation, health care,,technology,and taxes. It does not include savings, for emergencies o�r futuire goalls, like colllege or Iretirernent. Ills 2022, househiolld co�s,ts, in every colunity in Florida were well above the Federal Poverty ILevel of$13,590 for a single adullt and $27,750 for a family of four. Housing- Rert $1,170 $IJ 12 $1,1 12 $1,111112 1,449 1,449 $1,170 $11,111112 Housing-Utifities $163 $258 $258 $258 $31 D $3,110 $163 $258 Child Care $0 $234 8625 80 $469 81,250 80 80 Food $640 $1,086 $9 74 $1,174 $1,974 $1,744 $591 $1,083 Transpoirtafion $426 $560 $560 $667 $1,076 $1,076 $362 $538 Health Care $176 $499 $499 $499 $813 $813 $576 $1,1511 Technology $86 $86 886 811116 $r 16 8116 $86 811116 Mi1sce111llanleous $266 $384 $411 $383 $621 $676 $295 $426 Tax Payrnerts $433 $786 $847 $543 $1,057 $1,177 $495 $804 Tax Credits $0 ($214) ($217) $0 ($427) ($433) $0 $0 Monthly Totall $3,360 $4,7 9-11 $5,15�5 $4,752 $7,458 88,178 $3,738 $5,488 ANINUAII TOTAIL $40,320 $57,492 $611,860 $57,024 $89,496 9 8J 3 6 $44,856 $65,856 Hourly Wage $2&16 $2&75 $30,93 $2&51 $44,75 $49,07 $22A3 $32M 2 Sources:American Community Survey, 2022;Alice Threshold, 2022 3 Key West CCD,Monroe GOUnty,Florida 140593 4 4% Lower Keys CCD,Monroe County,Florida 5,259, 38% Miudde Keys CCD,Marme COUnly,Florida 4,795 46`1� 4 Upper Keys CCD,i County,Florida 9,737 45% 5 Sources:American Community Survey, 2022;Alice Threshold, 2022 6 7 Current Development Potential of the Property 8 The portion of the Property that is within the boundaries of the Tavernier Workforce Housing Subarea 9 1 (and the subject of this report) appears to be an appropriate location for affordable housing. The 10 Property is located within the Suburban Commercial (SC)Land Use District and is designated as Mixed 11 Use/Commercial (MC) on the Future Land Use Map; attached and detached dwelling units that are 12 designated as employee housing are permitted within these categories. In accordance with 13 Comprehensive Plan Policy No. 101.5.25 and LDC Section 130-93,the Property shall have a maximum 14 net density of 18 dwelling units per buildable acre. I The affected portion of the Property that is the subject of the proposed amendment has a total 2 development potential of permanent dwelling units designated as employee housing as depicted in the 3 table below: 4 Total Upland Area Total Buildable Acres Max Net Density 6.38 acres 5.104 91.872 units 5 6 It should be noted that the above figure represents only that of the portion of the Property that is proposed 7 to be within the boundaries of the Tavernier Workforce Housing Subarea 1 and that the inclusion of the 8 remaining portion of the Property and/or the property currently assessed under Parcel Identification 9 Number 004902950-000000 would result in an increased development potential as described throughout 10 the Staff Memorandum associated with Planning and Environmental Resources Department File 42022- 11 053. 12 13 Compatibility with the Workforce Housing Initiative 14 While it is evident that affordable housing is a pressing issue within Monroe County, Staff must review 15 the proposed amendment for internal consistency with the County's Comprehensive Plan, the Tavernier 16 Livable CommuniKeys Plan,the Land Development Code and State Statutes(including 163.3187,F.S.,), 17 Rules, and balancing all the requirements and policy issues. 18 19 The proposed amendment to the Comprehensive Plan includes changes to existing Comprehensive Plan 20 Policies limiting the disposition of early evacuation unit allocations to a 1-for-1 exchange program for 21 banking into the County's Administrative Relief Pool for reducing takings (inverse condemnation) and 22 Bert Harris Act liability countywide. 23 24 During the adoption hearing of Ordinance No.005-2021, Policy 101.3.12, Workforce initiative 25 allocation awards, eligibility and requirements, it was emphasized that the BOCC policy direction to 26 utilize the 300 "early-out" allocations was to develop an exchange program, that"limits the use of the 27 300 early evacuation allocations only for the exchange with existing affordable units/ approved 28 affordable allocations and not for the development of new units, thereby not increasing current 29 development potential."2 The Applicants' proposal to create Workforce Housing Subarea 1 in Goal 113 30 and associated policies which utilizes 86 workforce initiative allocation awards for new development 31 with no exchange, is inconsistent with Monroe County Comprehensive Plan Policy 101.3.12(1)(a) as 32 intended. It is apparent that the acceptance of the 300 workforce housing early evacuation units through 33 the establishment of the Workforce Initiative was intended to result in a net zero increase of ROGO 34 Allocations in Unincorporated Monroe County except for those to be banked into the County's 35 Administrative relief pool to be used at a later time to reduce takings liability. As proposed, the 36 amendment would result in a net decrease of 86 ROGO Allocations from the County's Administrative 37 Relief Pool and inversely, a net increase of 86 dwelling units. "]II'lna A.ppllica nts have not proposed any 38 mitigation measures that would offset the increase of 86 dwelling units within J nimncorporated 39 Monroe County, 40 41 Through this amendment, the Property that is included within the boundaries of the Subarea would be 42 exempt from the requirements of Comprehensive Plan Policy 101.3.12(a) and LDC Section 138- 43 24(e)(2)(a) through the utilization of the term `Notwithstanding'. 44 2 Mayte Santamaria's PowerPoint Presentation;Agenda Item S1 April 21,2021 BOCC meeting I If adopted as proposed, all units within the Tavernier Workforce Housing Subarea 1 would still 2 be required to comply with the following: 3 ... 4 5 (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling 6 units utilizing workforce housing early evacuation unit allocations shall require approval of a 7 resolution approving a contract between the BOCC and the applicant to officially exchange the 8 allocations and confirm compliance with the requirements workforce initiative. 9 10 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 11 (1) Before any building permit may be issued for any structure,portion or phase of a project subject 12 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and 13 County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with 14 the provision of this section running in favor of the County and enforceable by the County and, 15 if applicable, a participating municipality. The following requirements shall apply to these 16 restrictive covenants: 17 a. The covenants for any workforce housing early evacuation units shall be effective for 99 18 years. 19 b. The covenants shall not commence running until a certificate of occupancy has been 20 issued by the Building Official for the dwelling unit or dwelling units to which the 21 covenant or covenants apply. 22 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation 23 units, the covenants shall commence running upon recordation in the Official Records of 24 Monroe County. 25 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to 26 rental occupancy for those who derive at least 70% of their income as members of the workforce 27 in Monroe County and who meet the affordable housing income categories of the Monroe County 28 Land Development Code. The occupants are required to annually verify their employment and 29 income eligibility. 30 31 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a pending 32 major hurricane. Persons living in the workforce housing early evacuation units who may be 33 exempted from evacuation requirements are limited to law enforcement, correctional and fire 34 personnel, health care personnel, and public employees with emergency management 35 responsibilities. If there is an occupant that indicates their employment is considered a 'first- 36 responder position' and not included in the list of exemptions above, then the Planning Director 37 shall determine, in writing, whether the person may be exempted because of a requirement to 38 remain during an emergency. Any person claiming exemption under this provision shall submit 39 of an affidavit of qualification and faithfully certify their status with the onsite property 40 management. 41 (4) The covenants shall require rental agreements which contain a separate disclosure requiring 42 rental occupants to acknowledge the existing restrictive covenant on the unit requiring 43 evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the Phase 1 evacuation 44 requirement could result in severe penalties, including eviction, to the occupant. 1 (5) The covenants shall require onsite property managers and a separate employment disclosure 2 requiring the maintenance of training in evacuation procedures and an acknowledgement that 3 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including 4 termination. 5 6 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who derive 7 at least 70% of their income as members of the workforce in Monroe County and who meet the 8 affordable housing income categories of the Monroe County Land Development Code. Workforce 9 means individuals or families who are gainfully employed supplying goods and/or services to Monroe 10 County residents or visitors. 11 12 (e) Workforce housing early evacuation units shall require onsite property management with property 13 managers trained in evacuation procedures and required to manage the evacuation of tenants in Phase 14 I of an evacuation. During traditional working hours,the property manager must be at an office within 15 the workforce housing early evacuation unit development subject property. Outside the traditional 16 working hours, the property manager must be available at all times to respond to evacuation orders. 17 18 (f) The property management entity for the workforce housing early evacuation units shall be required 19 to annually verify the employment and income eligibility of tenants; report the total units on the site, 20 the occupancy rates of units, and tenant compliance with the requirement to evacuate the units in 21 Phase I of an evacuation, including the number of occupants that are exempt from the evacuation 22 requirements. The property management entity must submit a report to the Planning and 23 Environmental Resources Department by May 1 of each year. Further, each lease and this annual 24 report shall be kept by the property manager and be available for inspection by the County during 25 traditional working hours. 26 27 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. 28 29 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal 30 Barrier Resource System (CBRS). 31 32 (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure 33 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted 34 LOS,paved roads, etc.). 35 36 0) All workforce housing early evacuation units must demonstrate compliance with all applicable federal 37 standards for accessibility for persons with disabilities (ADA Compliance). 38 39 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit 40 allocations shall incorporate sustainable and resilient design principles into the overall site design and 41 be accessible to employment centers in Key West, Stock Island and Marathon. 42 43 I V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE 2 PLAN, THE LAND DEVELOPMENT CODE, THE PRINCIPLES FOR GUIDING 3 DEVELOPMENT,AND FLORIDA STATUTES. 4 5 A. The proposed amendment is not consistent with the Goals, Objectives and Policies of the 6 Monroe County 2030 Comprehensive Plan. Specifically,it is inconsistent with: 7 8 Policy 101.2.2 9 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and 10 Division of Emergency Management to update the variables and assumptions for the evacuation 11 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical 12 State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed 13 hurricane evacuation clearance time modeling by the State Land Planning Agency, which 14 incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 15 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, 16 while maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate of 17 annual allocations for market rate development to extend the allocation timeframe to 2026 without 18 exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate the annual 19 ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time 20 requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency 21 and Division of Emergency Management; and 3) a new or revised memorandum of understanding 22 with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, 23 Key West, Key Colony Beach and Layton (see Policy 101.2.1). 24 25 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe 26 County shall establish a new allocation category to accept and award 300 workforce housing early 27 evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative 28 (Policy 101.3.12 Workforce Initiative). These allocations are in addition to the maximum allocations 29 identified in Rules 28-20,F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation 30 of a pending major hurricane. 31 32 Policy 101.2.4 33 In the event of a pending major hurricane (Category 35) Monroe County shall implement the 34 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour 35 hurricane evacuation clearance time for the resident population. 36 37 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- 38 residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard vessels (transient and 39 non-transient), military personnel, units approved, and deed restricted as workforce housing early 40 evacuation units from the Florida Keys shall be initiated. State parks and campgrounds should be 41 closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly 42 limited. 43 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile 44 home residents, special needs residents, and hospital and nursing home patients from the Keys 45 shall be initiated. 1 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of 2 permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation 3 zones are as follows: 4 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) 5 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) 6 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) 7 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5 8 and MM 1-9.5 of CR 905) 9 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5) 10 The actual sequence of the evacuation by zones will vary depending on the individual storm. The 11 concepts embodied in this staged evacuation procedures should be embodied in the appropriate 12 County operational Emergency Management Plans. 13 14 The evacuation plan shall be monitored and updated on an annual basis to reflect increases, 15 decreases and or shifts in population;particularly the resident and non-resident populations. 16 17 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of 18 allocations to more than 197 residential units a year, except for affordable housing. Any increase in 19 the number of allocations shall be for affordable housing. Monroe County hereby accepts 300 20 workforce (affordable) housing early evacuation unit building permit allocations pursuant to the 21 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) authorized by the 22 Florida Administration Commission and the Florida Department Economic Opportunity. These 23 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C., shall be 24 restricted to rental occupancy for those who derive at least 70% of their income as members of the 25 workforce in Monroe County and who meet the affordable housing income categories of the 26 Monroe County Land Development Code. The allocations shall be required to evacuate in Phase 1 27 of the 48-hr evacuation of a pending major hurricane. No new additional residential dwelling unit 28 allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless approved and 29 provided by the Florida Administration Commission and the Florida Department Economic 30 Opportunity after review of hurricane evacuation modeling results by the State Land Planning 31 Agency and the Division of Emergency Management of available evacuation capacity and a review 32 of the level of service and available capacity for all public facilities. 33 34 Policy 101.3.10 35 Notwithstanding any other provision of the Plan, except the last sentence of this Policy 101.3.10, 36 building allocations utilized for affordable housing projects may be pooled and transferred 37 between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea, and between 38 local government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). 39 Any such transfer of affordable housing allocations between local government jurisdictions must 40 be accomplished through an interlocal agreement between the sending and receiving local 41 governments. Interlocal agreements that involve assigning the County's affordable housing (not 42 including affordable housing allocations banked for takings cases) allocations to existing 43 dwelling units within a municipality with a requirement that the associated market rate 44 ROGO/BPAS exemptions be transferred into the unincorporated County as an exchange for the 45 affordable housing allocations transferred to the municipality, shall be accomplished through a 46 minor conditional use permit approval and shall be subject to the receiver site criteria in Policy 47 101.6.8 and may be transferred to any subarea within the unincorporated County. In no event 48 shall the County (1)pool and transfer workforce housing early evacuation unit allocations I between ROGO sub-areas, (2) transfer workforce housing early evacuation unit allocations to 2 another government jurisdiction, (3) receive workforce housing early evacuation unit building 3 allocations from another government jurisdiction, or (4) transfer affordable housing ROGO 4 allocations received by the County in exchange for workforce housing early evacuation unit 5 allocations to another government jurisdiction. 6 7 Policy 101.3.11 8 Monroe County may receive additional building permit allocations pursuant to the 2012 9 completed hurricane evacuation clearance time modeling and allocation recommendations by the 10 State Land Planning Agency and the Administration Commission's direction that the City of Key 11 West transfer annually (by July 15th) any remaining unused allocations for that year to the other 12 Florida Keys' local governments based upon the local governments' ratio of vacant land. Any 13 transferred allocations from the City of Key West to Monroe County shall be made available for 14 Administrative Relief. Monroe County may receive, and award 300 building permit allocations 15 designated as workforce housing early evacuation units pursuant to the Workforce-Affordable 16 Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida 17 Administration Commission and the Florida Department Economic Opportunity. These 18 allocations that are in addition to the maximum allocations identified in Rules 28-20, F.A.C., and 19 shall be required to evacuate in Phase I of the 48-hr evacuation of a pending major hurricane. 20 21 Policy 101.3.12 22 Full policy stated on Pages 9 through 12 of this report. 23 24 Policy 601.1.1 25 Monroe County shall maintain land development regulations, in conjunction with the Permit 26 Allocation System, for apportioning future affordable housing development. 27 28 Policy 601.1.8 29 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be 30 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 31 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 32 allocation must meet the criteria established in the Land Development Code. Monroe County may 33 award 300 additional building permit allocations designated as workforce housing early evacuation 34 units pursuant to the Workforce-Affordable Housing Initiative (Policy 10 1.3.12 Workforce 35 Initiative) as provided by the Florida Administration Commission and the Florida Department 36 Economic Opportunity. These allocations are in addition to the maximum allocations identified in 37 Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at least 70% of their 38 income as members of the workforce in Monroe County and who meet the affordable housing 39 income categories of the Monroe County Land Development Code, and shall be required to 40 evacuate in Phase I of the 48-hr evacuation of a pending major hurricane. 41 42 The proposed amendment is consistent with the following policies of the Comprehensive 43 Plan: 44 45 Goal 601 46 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and 47 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the 48 population based on type, tenure characteristics, unit size and individual preferences. [F.S. § 49 163.3177(6)(f)l., 3.] 50 I Policy 601.1.9 2 Monroe County shall maintain land development regulations which may include density bonuses, 3 impact fee waiver programs, and other possible regulations to encourage affordable housing. 4 5 Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan 6 The Property is subject to the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master 7 Plan. In accordance with Comprehensive Plan Policy 101.19.2, the Community Master Plans shall 8 be incorporated into the 2030 Comprehensive Plan as a part of the plan and be implemented as part 9 of the Comprehensive Plan. 10 11 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11, 12 2005 and adopted by the Board of County Commissioners on February 16, 2005 through Ordinance 13 002-2005 is incorporated by reference into the Comprehensive Plan. The term Strategies in the 14 Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item 15 is equivalent to the term Policy;the meanings and requirements for implementation are synonymous. 16 17 Goal One 18 Direct future growth to lands that are most suitable for development,prevent sprawl into less 19 developed Areas and encourage preservation of environmentally sensitive lands. 20 21 Strategy 1.3 22 Review and evaluate the land use designation of lawfully established non-conforming land uses 23 and structures within the planning area to determine appropriate designation. 24 25 Action Item 3.1.1: Designate a"Community Center" from MM 91 to Burton Dr. pursuant to 26 Policy 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged. 27 28 Goal Five 29 Maintain the availability of housing that is affordable for local residents and the workforce while 30 preserving the character of the community. 31 32 Strategy 5.1 Promote employee housing above and in conjunction with commercial buildings in 33 the Community Center Overlay district, as this planning area has capacity to add some employee- 34 housing units based on the commercial floor area ratio of the different commercial parcels. 35 36 Action Item 5.1.1: Work with businesses in the area when they are ready to develop and redevelop 37 to identify if the site could also be used to provide employee housing and explain the county 38 incentives for providing affordable employee housing. 39 40 Strategy 5.2 Encourage the development and redevelopment of commercial and mixed-use zoned 41 land for employee housing. 42 43 B. The proposed amendment is not consistent with the Monroe County Land Development Code. 44 Specifically,it is inconsistent with: 45 Section 138-24(e) 46 Full text stated on Pages 12 through 15 47 48 C. The amendment is not consistent with the Principles for Guiding Development for the Florida 49 Keys Area, Section 380.0552(7), Florida Statutes. I For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with 2 the principles for guiding development and any amendments to the principles,the principles shall be 3 construed as a whole and no specific provision shall be construed or applied in isolation from the 4 other provisions. 5 6 (a) Strengthening local government capabilities for managing land use and development so that local 7 government is able to achieve these objectives without continuing the area of critical state concern 8 designation. 9 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 10 beds, wetlands,fish and wildlife, and their habitat. 11 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 12 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and 13 their habitat. 14 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 15 development. 16 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 17 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and 18 ensuring that development is compatible with the unique historic character of the Florida Keys. 19 (g) Protecting the historical heritage of the Florida Keys. 20 (h) Protecting the value, efficiency,cost-effectiveness,and amortized life of existing and proposed major 21 public investments,including: 22 23 1. The Florida Keys Aqueduct and water supply facilities; 24 2. Sewage collection, treatment, and disposal facilities; 25 3. Solid waste treatment, collection, and disposal facilities; 26 4. Key West Naval Air Station and other military facilities; 27 5. Transportation facilities; 28 6. Federal parks,wildlife refuges, and marine sanctuaries; 29 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 30 8. City electric service and the Florida Keys Electric Co-op; and 31 9. Other utilities, as appropriate. 32 33 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, 34 and replacement of stormwater management facilities; central sewage collection; treatment and 35 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 36 treatment and disposal systems. 37 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 38 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 39 as applicable, and by directing growth to areas served by central wastewater treatment facilities 40 through permit allocation systems. 41 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 42 Keys. 43 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 44 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 45 or manmade disaster and for a post disaster reconstruction plan. 46 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 47 the Florida Keys as a unique Florida resource. 48 49 Pursuant to Section 380.0552(7)Florida Statutes,the proposed amendment is not consistent with the 50 Principles for Guiding Development as a whole. 51 52 I D. The proposed amendment, is not consistent with the Part II of Chapter 163, Florida Statute 2 (F.S.). Specifically: 3 4 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 5 enhance present advantages; encourage the most appropriate use of land, water, and resources, 6 consistent with the public interest; overcome present handicaps; and deal effectively with future 7 problems that may result from the use and development of land within their jurisdictions. Through 8 the process of comprehensive planning, it is intended that units of local government can preserve, 9 promote, protect, and improve the public health, safety, comfort, good order, appearance, 10 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 11 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing, 12 and other requirements and services; and conserve, develop, utilize, and protect natural resources 13 within their jurisdictions. 14 15 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status 16 set out in this act and that no public or private development shall be permitted except in conformity 17 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with 18 this act. 19 20 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 21 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 22 development of the area that reflects community commitments to implement the plan and its elements. 23 These principles and strategies shall guide future decisions in a consistent manner and shall contain 24 programs and activities to ensure comprehensive plans are implemented. The sections of the 25 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, 26 and policies, shall describe how the local government's programs, activities, and land development 27 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 28 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations 29 in the comprehensive plan but rather to require identification of those programs, activities, and land 30 development regulations that will be part of the strategy for implementing the comprehensive plan 31 and the principles that describe how the programs, activities, and land development regulations will 32 be carried out. The plan shall establish meaningful and predictable standards for the use and 33 development of land and provide meaningful guidelines for the content of more detailed land 34 development and use regulations. 35 36 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in 37 conformity with this act, all development undertaken by, and all actions taken in regard to 38 development orders by, governmental agencies in regard to land covered by such plan or element 39 shall be consistent with such plan or element as adopted. 40 41 (b) All land development regulations enacted or amended shall be consistent with the adopted 42 comprehensive plan, or element or portion thereof, and any land development regulations existing at 43 the time of adoption which are not consistent with the adopted comprehensive plan, or element or 44 portion thereof,shall be amended so as to be consistent.If a local government allows an existing land 45 development regulation which is inconsistent with the most recently adopted comprehensive plan, or 46 element or portion thereof, to remain in effect, the local government shall adopt a schedule for 47 bringing the land development regulation into conformity with the provisions of the most recently 48 adopted comprehensive plan, or element or portion thereof. During the interim period when the 49 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the 50 land development regulations are inconsistent, the provisions of the most recently adopted 51 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an 52 application for a development order. 53 1 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 2 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 3 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 4 development of lands and waters within an area. It is the intent of this act that the adoption and 5 enforcement by a governing body of regulations for the development of land or the adoption and 6 enforcement by a governing body of a land development code for an area shall be based on,be related 7 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 8 9 163.3202, F.S.—Land development regulations.- 10 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review 11 pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land 12 development regulations that are consistent with and implement their adopted comprehensive plan. 13 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land 14 development regulations. 15 16 17 VI. PROCESS 18 19 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 20 Planning Commission, the Director of Planning, or the owner or other person having a contractual 21 interest in property to be affected by a proposed amendment. The Director of Planning shall review and 22 process applications as they are received and pass them onto the Development Review Committee and 23 the Planning Commission. 24 25 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 26 the application, the reports and recommendations of the Department of Planning & Environmental 27 Resources and the Development Review Committee and the testimony given at the public hearing. The 28 Planning Commission shall submit its recommendations and findings to the Board of County 29 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 30 comprehensive plan amendment, and considers the staff report,staff recommendation, and the testimony 31 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land 32 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews 33 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt 34 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with 35 changes or not adopt the amendment. 36 37 VIL STAFF RECOMMENDATION 38 39 Staff recommends DENIAL of the proposed amendment to the Monroe County Comprehensive Plan to 40 establish Goal 113, Objective 113.1, and the site specific subarea policy 113.1.1, Tavernier Workforce 41 Housing Subarea 1, as proposed by Cemex Construction Materials Florida, LLC f/k/a Singletary 42 Concrete Products Inc., LLC. 43 44 45 VIII. EXHIBITS 46 47 1. March 15, 2024 Memorandum Exhibit 1 MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT From: Emily Schemper, A.LC.P., C.F.M. "='s Senior Director,Monroe County Planning &Environmental Resources Department To: Barton Smith, Esq. Smith/Hawks P.L. Date: March 15, 2024 Subject: Proposed Comprehensive Plan Amendment Seeking a Subarea Policy to Change Existing Comprehensive Plan Policies Limiting Disposition ofEarly Evacuation Unit Allocations to ]-for-] Exchange Program for Banking Into Administrative Relief Pool for Takings and Bert Harris Act Liability Reduction Countywide(File 2023-205) 1 I PURPOSE 2 3 This memorandum is to memorialize my determination pursuant to Land Development Code Section 102- 4 159(b)(1) that the amendment(s) (i.e., changes)you have proposed (File 2023-205) to the Monroe County 5 Year 2030 Comprehensive Plan shall have a county-wide impact. 6 7 II ANALYSIS 8 9 Pursuant to the Comprehensive Plan (CP) policies approved by the Board of County Commissioners 10 through its adoption of Ordinance No.005-2021,use of the 300 early evacuation unit allocations is textually 11 limited to inverse condemnation and Bert Harris Act liability reduction exchange program disposition 12 whereby an early evacuation unit allocation's allowed use is expressly limited as follows: "Requests for 13 workforce housing early evacuation unit allocations shall be available only for a 1-for-1 exchange for 14 affordable allocations/exemptions... The affordable allocations returned to the County in exchange for 15 workforce housing early evacuation unit allocations shall be banked and used for future administrative 16 relief, beneficial use determinations and to resolve inverse condemnation cases and Bert J. Harris Jr. 17 Private Property Rights Protection Act cases." See CP Policies 101.3.12(a)—(a)(1) (Emphasis supplied). 18 19 The Board's exclusive statement of legislative intent regarding allowable disposition of early evacuation 20 unit allocations is equally plain and unambiguous: "fTlo be used in exchange for existing affordable 21 allocations at multifamily developments . . . (bank them within an administrative relief pool)[T' See 22 Ordinance No. 005-2021, at PP. 3-4 (Emphasis supplied). 23 24 Your proposed amendment involves a text change to the Board's limiting CP policies enumerated in 25 Ordinance No. 005-2021 that,if approved,would allow your clients to take 86 early evacuation allocations 26 and use them for development without giving in return an equal number of affordable allocations or 27 affordable exemptions to be placed in the County's administrative relief bank for takings and Bert Harris 28 Act liability reduction protecting Monroe County property owners, residents, and taxpayers against such 29 claims countywide. 30 Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 1 of 4 I The Board's consistent months of direction and Planning & Environmental Resources Department staff s 2 recommendation resulting in the formulation of this policy limitation restricting use of the 300 early 3 evacuation unit allocations to the adopted 1-for-1 exchange program to reduce takings and Harris Act 4 liability exposure countywide is demonstrated/shown below. 5 6 Commissioner Lincoln: "My fear of turning them into affordables is then a developer is going to 7 grab them up, and they're going to be all on one or two sites." Commissioner Rice: "I agree." 8 Commissioner Lincoln: "And it's not going to help us with individual homes that we still want 9 built, and..." County Attorney Bob Shillinger: "It's going to put us a lot closer to takings build- 10 out." Commissioner Lincoln: "Right." 11 12 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7. 13 14 Commissioner Lincoln: "And it would protect our takings on getting that many more off the books, 15 versus having these become multi-family on one unit,which helps our workforce housing problem 16 but it doesn't help our takings cases." 17 18 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7. 19 20 Commissioner Lincoln: "And I'm going to jump up a little higher and give my thoughts on the 300 21 units. I think originally when it was agreed upon that we would take those, my understanding was 22 it would help us with takings cases down the line, and my vision for those were for them to be 23 individual units on scattered sites that would help alleviate 300 takings cases, not developing 24 another 200 or 300 apartment complex somewhere. And so when I spoke with staff that's kind of 25 how my conversations went with them, and then I think unfortunately at the day of the meeting 26 way back when I did not convey that message again. So in my time speaking with our staff I keep 27 bringing that up: Is there any way, if we accepted these 300 units, that they could be held in our 28 bank and used for takings cases and be individual homes on scattered sites. And that is kind of the 29 direction that I would want staff to move forward to on taking the 300 units. In speaking to other 30 people about that there's been some soft conversations with some of the developers right now on 31 some of their projects, the Wreckers Cay and Quarry, and their comfort level in taking those 300 32 units, that would have those extra deed restrictions of earlier evacuation, and switching them, and 33 giving us back our 300 units that are unrestricted and taking these 300 with those restrictions, and 34 they're open to those conversations. That would give us some of those units immediately will be 35 evacuated sooner, so that would help alleviate what we just we're learning about with 36 intensification of a storm, so that would make us safer on that way, and it would then give us those 37 300 units that we could put in a bank and save for later." 38 39 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. 40 41 Commissioner Lincoln: "I would just again like to pitch my idea on the 300 and saving them in our 42 bank for when takings cases happen and saving them to be available on scattered sites,which would 43 be 300 sites, to save us from 300 takings cases, and continuing a discussion with some of the 44 developers out there now that have said they're willing to accept those deed-restricted that the State 45 would be offering. So they would be having to leave 48 hours in advance, and seeing if our staff 46 can't come up with an idea regarding that concept. It would not be adding any more units until we 47 are having to face takings cases." Commissioner Rice: "I can be very brief because I can't say it 48 any better than Michelle just did. Thank you." Commissioner Cates: "I just want to agree with 49 Commissioner Lincoln also. I think it's a great idea, and I support that." 50 51 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 2 of 4 I Assistant County Administrator Christine Hurley: "Can I have a point of clarification with the 2 Board? Mayte and Emily are working and having a community meeting coming up at the end of 3 July, and I think this discussion just narrowed the policy compared to how we have it drafted right 4 now. I know you're not going to vote on it, but I just want to make sure I'm clear: We're going to 5 now,based on the three (3)people that voted `No'to that motion,amend the text we are processing 6 to eliminate just accepting the 300 affordables to be given out in our regular pool and instead only 7 draft the language to take it to process it so that those units would only be taken if another 8 development is willing to exchange the units so that we could hold back the 300 for admin.relief? 9 Administrative relief is what we call `holding the units for..." County Attorney Bob Shillinger: 10 "For takings cases." Assistant County Administrator Christine Hurley: "For takings cases 11 basically." . . . Assistant County Administrator Christine Hurley: "I think from the three (3) of you 12 that voted `No' I just am looking, that's your intent,the way it was described by Commissioner 13 Lincoln?" Commissioner Cates: "Yes." Assistant County Administrator Christine Hurley: "Okay. 14 So we do need to do some revisions which we'll work on. Thank you." 15 16 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5. 17 18 Senior Planning Policy Advisor MUte Santamaria: "And the amendment again remains as an 19 exchange program as directed by the Board, where affordable housing allocations or exemptions 20 or units are swapped for the early evacuation units, and then the recouped or returned affordable 21 housing is set aside and banked for potential future takings cases. 22 23 . . . 24 25 So the amendments are crafted to match and be consistent with the Board's direction that was 26 provided of February and July of last year, and again that is to accept our portion of the 300 27 workforce early evacuation units,but to create it as an exchange program where existing affordable 28 allocations are swapped for the early evacuation units,and then the returned or recouped affordable 29 housing allocations are banked away by the County for future takings cases. 30 31 . . . 32 33 So based on this Board policy direction to establish an exchange program,this limits the use of the 34 300 early evacuation units to only be exchanged with existing affordable housing units or existing 35 approved affordable housing allocations. It's not for the development of brand-new units. It's just 36 a swap process. So it should not increase development potential at the sites that are proposing a 37 swap. Again, it is only an exchange with existing affordable approvals or existing affordable 38 housing dwelling units. It adds additional criteria to those units, i.e. the early evacuation criteria. 39 But otherwise should not change the character or the development at the site where the exchange 40 is occurring or county-wide. The Board policy direction also included that with the exchange of 41 allocation[s]it maintains our focus on redevelopment in infill because it's only swapping allocation 42 rights and adding additional requirements. It is not incentivizing new or additional development, 43 or added density, or encroachments into habitat. And then finally the Board's direction also 44 includes that the recouped or recaptured affordable allocations are banked to resolve potential 45 takings cases. This provides the County with an additional resource to potentially address future 46 liability. And while the resolution of a future takings case may result in the award of one of these 47 banked units, we do not anticipate an immediate increase in any current development potential 48 within the County. So with that, staff is recommending approval to both the Comp.Plan and Code 49 amendment, consistent with the Planning Commission and the Board's direction for the exchange 50 program." Commissioner Lincoln: "Thank you. Commissioner Cates?" Commissioner Cates: 51 "Yeah I'll just say I'll make a motion to approve if there's no [public] speakers." Commissioner Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 3 of 4 I Lincoln: "Do we have a second?" Commissioner Forster: "Second." Commissioner Lincoln: "We 2 have a motion and we have a second. Do you want to call roll please Pam?" [Motion carried 3 unanimously]. 4 5 See April 21, 2021, Regular BOCC Meeting, at Public Hearing Items S-1 and S-2. 6 7 III CONCLUSION 8 9 As draining 86 early evacuation allocations free from the established 1-for-1 exchange program results in 10 86 allocations that would not be in Monroe County's administrative relief bank to satisfy inverse 11 condemnation and Bert Harris Act claims arising throughout the County, it is my determination that the 12 amendment you have proposed involves changes to the policies of the Comprehensive Plan that will result 13 in a county-wide impact. Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 4 of 4 Liz Yongue From: Judy O'Hara <shamrockre@aol.com> Sent: Thursday, August 29, 2024 4:04 PM To: Ballard-Lindsey@monroecounty-fl.gov; Liz Yongue Subject: Objection to an ordinance by the BOCC, establishing Goall 13,objective 113.1 and site specific subarea policy 113.11 (LLC file#2023-205) Attachments: 2023-205-DRC-SR-72224-w-Attachment (1).pdf Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from shamrockre@aol.com.Learn why this is important Pursuant to Florida Statute 163.3184 1 hereby object to the proposed text amendment (LLC File #2023-205), and agree and adopt the June 24, 2024 Staff report prepared by Devin Tolpin and Barbara Powell (Attached hereto). Maxine E Enkey 190 Atlantic Circle Dr Tavernier, FL 33070 i Liz Yongue From: Ballard-Lindsey <Balla rd-Lindsey@ Mon roeCou nty-FL.Gov> Sent: Tuesday, September 10, 2024 10:19 AM To: Liz Yongue Subject: FW: Objection Follow Up Flag: Follow up Flag Status: Flagged Good morning-please see below @ Li�v�Ballcwd, Aide to County Administrator Business Manager-Administration 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4443 (Office) (305)393-4442 (Cell Phone) (305)292-4544 (Fax) Courier Stop#1 Ballard-Lindsev@monroecounty-fl.gov www.monroecounty-fl.gov Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated."-Maya Angelou PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY RE4�ARDINC7 COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. Please c.onsder the environrymit when 4�0 deciding whether to print this eaiL 01111 m From: Edward Stoner<edwardstoner@comcast.net> Sent:Tuesday, September 10, 2024 10:05 AM To: Ballard-Lindsey<Bal la rd-Li ndsey@ Mon roeCou nty-FL.Gov> Subject: Objection You don't often get email from edwardstoner@corncast.net. Learn why this is important CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. RE: Objection to an ordinance by the BOCC, establishing Goall 13,objective 113.1 and site specific subarea policy 113.11 (LLC file#2023-205) Pursuant to Florida Statute ,I_ �3.�3.1_ 4 we hereby object to the proposed text amendment (LLC File #2023-205), and agree and adopt the June 24, 2024 Staff report prepared by Devin Tolpin and Barbara Powell. Thank you. Edward N. Stoner Mari D. Stoner 228 Buttonwood Lane Tavernier, FL 33070 2 li �i r � Illlllm Illllllllllllllliiiii�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII j uuuuuuuiiri ��V �� 1. ... h i dIIIIV� � � Ifl • ® ® Illllllluu� � If .................. ------ ,A f 1#, L i i, I I I ON ji wil ll'1 0, lei k r," 14 wo,510,46, E w 10 4a, 7q,, i 1,4 c � li , L 0 F mom 11, ell �o Ir ry J" s mmi, ti,n(i,r-,e rot ko �l A liflu, 90 41 g, "E 1 pi IP AR, c L 0", m , w 0, 1 �vw, " 1," ,, ` 4 W,. ," IFw v-11 wo 94 MITAl S `�'Tl V div, yy if IN NIL, IOW 1 ,,,..........I, W. co Af W, cil - I lL Of A, C v ill S " Y a u.t r '� qy � �.��'�,w .,�,h. �a 30 t, OF I I Will Oa A 1, 4 aw Ww a J .............. Ill MEN Sill Location: MM 92.5, Tavernier Address 92501 Overseas Hwy, Tavernier, Monroe County, Florida Real Estate (RE) Number: 00089490-000000 Property Owner/Applicant: SINGLETARY CONCRETE PRODUCTS INC and CEMEX CONSTRUCTION T MATERIALS FLORIDA LLC Total Property Area: 483,292.45 sq. ft. or 11.09 acres Total Upland Area: 277,908.12 sq. ft or 6.38 acres Land Use District: Suburban Commercial (SC) Future Land Use Man (FLUN Mixed Use Commercial (MC) Designation: Tier Desig a� Tier III Flood Zone: Multiple on site: AE 8, AE 9, AE10, AE 11, VE 11 Existing Uses: Scarified, active cement plant; wetland mangroves Community Character of Residential and Commercial uses Immediate Vicinity: D 0 D 9 0 COAL 1113 ill",vu or tua�lflo Viii'VOI N uIllumico fll'i o,4 IH+ nmd safi,,l,v ad donivs 2 Ratw�,c)f Gwlvah CkdHktanco Il!lanv, arlef ic"+Allitnim. ,I V,!), arld addic's �s Q i , am Tavemlim, ra ........................................:...............�..L......................................................... and 1hu allloicalhmo u)[ti%,m 1&mcu lluuilnV H,hfluini bulfldAlm,- wn Ind[ alllucahmls o ho,�b I'll lo f(r�C11,1JAI"U'A ICY Q,1, al I� 1 11,119 P. aNlmaqkxls funin Nlcauicw w+nuuV Ygavu,-mm w Ole Vkcorkfuilcr Affindable 1-fimIDSM110 k1humu'v "JoB cleaw ill1l. )uw Ific submic-as hvcand�m Tav,iil�rnle% &hk,h w,-]lnfl 1h,c, aflu)icallllon u)�� b-y invans ul,a nosicillutilcm ha" He"X"L 0 it, rhscgobom wull&mcu hiw-�,,d V e, rv�l�uadu,un ImMillp pvnll�lt aillocatim iulswua Iii, 1he'Norkfim,o e Affindalflc ILI, o ff,I—i Alt-ifirvula mwn�,,of v%mkJ6l,lx hu)-u—,J-nu uai-11luuaMv ar-ls—I j.u-vn5ro.,2A UULAIS -as h�v:,eaed S o I.r, uhva P,ol,k yoh,Hn ..................................................................... Lnnvnk 10dri, fi:rl (IR 444 31!jkawa 1 isjuj luoikewulm-�Ijral jr �1,lrv...................................................................................................................... .... ... ....... .. ka— imis uj!�� uj..hcHlj 1 1�hl�dp Id of lu ...................... ...... . ........... ..... .. ............ ..................................................................................... iinev¢th,112 HIMCids of dlc,1-hvul,K. Ul�ld r,vi�un AlW POW"I'lw C I I klulsklm 'J, hal,lllv .. .......... C10fl,"Alu�led arldAm, dom"d vvfth %4"cuRLrar�, 'I )(000 as -pa�11�, dk i Lwd-khrld ................................................... 1, clf vie 48 b, of an h,"Cldhiliv flu", Of bark�fflll: JUISU"HO You I?cilhciis IN 3 2, 10111 Pload 4 A.,and Ror U110 and 101 3A".2 ® Am Am Am 9 W A& 0 An D Ah A • . • • Review of a Comprehensive Plan amendment is limited to a review for internal consistency with the Comprehensive Plan, Liveable CommuniKeys Plan, Land Development Code and Florida Statutes • A Comprehensive Plan amendment is not inconsistent with a Comprehensive Plan Goal, Objective, or Policy that it is specifically amending. • The proposed amendment is to specifically address the County's current inability to allocate units from the existing workforce housing pool, and would permit the 86 allocations to a site-specific subarea located near several large employment centers (Tavernier, Key Largo, and Islamorada) • Staff Report correctly identifies housing stock in Monroe County offers inadequate affordable housing. Ah Ah Ah 9 Policy 101.2.2, Policy 101.2.4, Policy 101.3.11, and Policy 601.1.8 (Hurricane Evacuation) The Applicant has revised the proposed language to include a provision that states that the requested allocations will be required to evacuate in Phase 1 of the forty-eight (48) hour evacuation of a pending major hurricane and is therefore consistent with these Policies. Policy 101.3.10 (pooling and transfer) The proposed Amendment does not contemplate the pooling or transfer of the early evacuation units between ROGO subareas, nor does it contemplate the units being transferred or received from another governmental jurisdiction and is therefore consistent with this Policy. Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. Staff examines the principles singularly. "For the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions." See F.S. 380.0552(7). Section 380.0552(7)(1) sets forth the Principle to "[make] available adequate affordable housing for all sectors of the population in the Florida Keys lower paying service-sector jobs. See Department ofNavy, et, al. u. Monroe County, et, al., State of Florida, Division of Administrative Hearings, Consolidated Case Numbers 16-001345GM, and 16-001349GM Additionally, the proposed amendment is not inconsistent with strengthening the local Governments capabilities for managing land use and development - it is site specific and is still subject to all land use regulations and the LCP and in fact limits development further while providing for eighty-six (86) much needed affordable housing units. 163.3161(4), ES. - • The proposed Amendment is not inconsistent with 163.3161(4), ES as it does not remove the ability of the County to preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements. • The units will be required to be approved through the Major Conditional use Approval process and the building permit process and will require county approval regarding levels of service. • Additionally, the ability to provide workforce housing in a suitable location is consistent with the intent of 163.3161(4), F.S. 0 1411�! 163.3161(6). 163.3201. 163.3202. 163.3177(1). and 163.3194, F.S. - (1)La) The proposed Amendment creates a site-specific subarea pursuant to the procedures contained within the Comprehensive plan, and as revised addresses the purported inconsistencies with the Comp. Plan and LDC. s `kk p wb R A pplicant respectf........... ully requests approval of the proposed text for Goal 113, Objective 7V�IiB 71i�ll�hh�dlllllllllllllllllllll Policy 113, 01 a1, with staffs recommend'�'dllll��lli�s on of 2(and eliminati a) ii . """" e i Application: Privately Proposed Text Amendment to the Comprehensive Plan Applicant: Cemex Construction Materials Florida, LLC f/k/a Singeletary Concrete Products, Inc. and Cemex Construction Materials Florida, LLC (the "Property Owners and "Applicants") and The Vestcor Companies, Inc. and Blackstone Group Tavernier 925 LLC (the "Developers" Agent: Barton W. Smith of Smith/Hauuks, ILL �/ %%��iaaaaaaaaaaiaaao / / / / File: 202 20 . / r , r, ii / / i / „ / i it a� C ul iceµ G6' G �N t a "" py Man ,� �m " a w 10 54 SAAS ma a �,uw�a „� +� m„ "s„, ,�e n p" [�mc�^�' •• w ,np""'pA aa^ re, a�� wama~ mu ' a uw w „„ IN too, � �a" C�, a �„ �,� « �� PARCEL �»''bra � • • �• � � a 4 r � itt r �� .., as ✓• „, w wo�-� ,,...Y^"" � „,, ti" � w t aw „,< r ' „ nr " MW w draw ,� V RrIT PAP QF ,„' `w� �+.. ro�a4 „ep �awMr �o� "d,, �a rOpf � e,a 10 Way- J t a w .m Oa , r PUMNST Mil w w nvn�r "�>xr ,nw f �+� rrma ha Uwwi wmww uGmx �"�' •, weir" mrewn a�kr � r ■ Amendment to LDC to create the Tavernier Commercial Overlay (File# 2022-053)- Adopted on February 15, 2024 through Ordinance No. 004-2024. ■ Amendment to LUD Map to apply Tavernier Commercial Overlay to Property (File# 2022-054)- in progress ■ Request for a Development Agreement (File# 2024-041 )- in progress ■ Request for a Major CUP far,� ' , � f ' rc��l supermarket and 86 affordable dwell'iri�it ��tiyr IIIIIIIII�IIIII� • • • Beard of C6uh!X Commissioners BOCC -Transmittal Se tomber 11„2024 e ■ 1992- County adopted a Permit Allocation System known as ROGO 012- County entered into an MOU with the state which provided the distribution of ROGO allocations among the local governments based upon a vacant land analysis and hurricane evacuation clearing time modeling task 016- BOCC adopted the 2030 Comprehensive Plan and Land Development Code, which included a ROGO allocation distribution through the year 2023 2020- BOCC extended the remaining market rate ROGOs out for an additional 3 years 2020- BOCC directed staff to begin to proces ,,,3o `adticnal workforce housing units 'ofifiered by the state MOW- 2021 - Establishment of the / / / / / ii / / / / / / / 00000000o i,00 oo.i. ..� III 4 jf ALII E IN IONIC NROE COUNTY AL,11 E is att a ro rvym f AmI 11-firnIteld,Income'Cal'str Ined,Employed—I'Vlau,e.holds that ip.ar 1 morp tl"an the Federal Poverty Level,but Iless,than tlole b,aswra coa,t of Ilv4iq for the aauinty.vvhillhe conditions have UIrrpravedll for sor ne households,many earytUnue to stlrru gte,emped@Py as wages fall to keep pace vurth the rising cost of IlhQUs'elholld essentials(housing,child care food,tiranspo,i'lltintuaan,ltealth care,alnd ra basilic smtartpl one,,pk)n).Household; bellow the AILIOE Thre.,hoW—Al ICE households pHujs those.in poverty—can't afford the essentials. 2022 H'w nt-in-Timue-ttata tadpuslaticrn. 81,700 Number of Households: ,N4,'1t18 Median Household Income: $79,4 0(state ayerage: 69,,3103a Labor Force IParildpattcnn Rate: 62%tsrorrate averanye OV,,Nt Lt F Househrrfds' 3%(}tame avelra ge.T3,,,) H ousehollds in Poverty: 10%(statet aawxage.t 3'?,sl pl '�,�, UuU UUuu� a QUuUIIUUuUU1110i UUuoi ll I UIIUUIuUIUU��I�uU��UI�UI�U Key West CCD, Monroe Ccmnty, Florida 14,59 44"wa Lar ^er Keys CCD, Monroe,COLIntya Fla;riel'a 525 3S'%, Uddlle Keys CCD, Manrlrae;Caluarrlty, (Florida 4,795 4 6",,o Uhler.Keys CCD, Monroe niroe Courtly, Florida 9,737 45% a /r • The pro osed amendment to the Comprehensive Plan includes changes to existing Comprehensive Plan Policies limiting he disposition of earl evacuation unit allocations to a 1-for-1 exchange program for banking into the County's Administrative Relief Pool for reducing takings (inverse condemnation] and Bert Harris Act liability countywide. • The Applicants' proposal to create Workforce Housing Subarea 1 in Goal 113 and associated policies which utilizes 86 workforce initiative allocation awards for new development with no exchan e, is inconsistent with Monroe County Comprehensive Plan Policy 101.3.12(1 (a) as intended. It is apparent that1he acceptance of the 300 workforce housing early evacuation units through he establishment of the Workforce Initiative was intended to result in a net zero increase of ROGO Allocations in Unincorporated Monroe Count except for those to be banked into the County's Administrative relief pool to be used at a later time to reduce twin s liability. As proposed the amendment would result in a net decrease of 86 'ROGO Allocations from the County's Administrative elief Pool and inversely, a net increase of 86 dwelling units. The Applicants have not proposed offering back an offsetting takings and Bert Harris Act liabi1 mitigation measures — i.e., providing any affordable housing ROGO allocations back to the County for banking into he County's Administrative Relief pool -that would mitigate the increase of 86 dwelling units within Unincorporated Monroe County. • None of the 300 workforce housingearl evacuation unit butt �r� �trr Motions have been exchanged and, therefore no affordable allocations 'have, been add d to J ,Adrrfi s ata e;; elr P I,to,resolve takings and Harris' Act claims pursuant to this olio g aaaaaaaaaaao �,,, Through.this amendment. the m pt from the requirements,of Coin / f .h term N' �h n rn o the to otw t sta ,///rrrrr / r i r i rrrrr i r r i / //i rrrrrrrrrrrrrr rrrrr i i rrr i r r i r / r /rrrrrrrr, o i , r r Mori-rae'Coll tits ................................................................. and to, oritize the govision of work-force housin., that is safe, co�de comptiant, and resilie.rit., TO, ................... Buz-----------L--------------------------g ......................... ............ ................................................................ incentivize the stm-1 p , and address the r TU )er Ke 7s ific land use nieclui,nisms, and the allocation ofworkfc),rce hous"i e Ming permit allocahons pursuant �o the mg! any eNacuation. bui ...................................................................................................................................................................................................... .......... .................................................. -1 World8rce— .ffo4"d�b�f7:l Hui.ism hlitlativeRa4c-,�-" fro.ni.Monroc County. W,4thM4he-,, ....................................................................................................... !2j!,j.tiqve ................................................ ernier whicl I'lerinit die zillocation of Monroe Colint ........................................................................... XVC)Tkforce licusing, ea,rl evactiatiori buildil )ern 't allocationsS wil suant to the Worldorc e-Afforda ble .............................................................................. y -0 --1 11 ........... g fiwilitate t1iLdevelopucient, ol'Nvork.f6rce, j— in suitable area"s, located 11.1 cLow I'L(�)Xir'.Ilit A)1'er K"ey s, e.i.11 Acm..'nent gmters, Islanigrada .................. LLL .... Ly ..........C ......... All site-s deffill"Ill the dev a ........................................ RHO E2j, i,.l Tavernier Workforce HOushlig... ..................................................................................................................................................................................... .. .!,,ea Big andpolicies of the—(--'�'onlprehensive Plantc-q.goillote and facilitate develoj,.)n,:ient of Nworkforce hous��,g to, ................... ......................................................................................................... ................................. j1don )e Cotint meet tlie geed of the U),)er IKevs,and Monroe C .......................................................................................... 1. Rollldal . The Tavernier Work-f6rce Houshi.� Su[mrea I shall consist ................ ...... li�,avingj Parcel ldentificMion Nuunbem, 000,89490-01fl0001 Rgm��" 0. as leaaflv descri becL-, jmad d cted on the i A portion of Lot line of Old State, Roa f the Public Records o tmuoe C oi.,i Florida. 2. Rate of Gicoxth Ordinance.Allocaficyns. .................................................................................................................................................................................. a Noti ithst n. in ! ret ensive Plan Re4t-y-Poficies 11.01.3.12��!)4 and 101.3.lajk)� ...................L ................... 4 g 2 ....................................................... L1 C Sections 138-21 ' (),1"W 1 -land 138-24(t'', �(k) the Ta,aaern.ier Work.force Hottsing Subarta I shall be, e i ble, to receive Rtar,()�Aloc�abom� b�; m.ea�.ns ............................................................................................ .................................................................�Ito Of ............. ............ i. Award of Woaz .'e hou ing ear�[ evacisatton buMing-2timit 4iiA ............................................... ........................................................................... Oj.0C2IiCIM; fbDM Monr,Oe C01921b," the, K,17of fbi-ce-Affordab ............................................................................................................... ................... ... retion. .......................... ix'effin.� umfts that are constructed and/or d,eed rest.ficted with workforce housinz eailv evacuation Phase I of the 48-hr eyw."I.12ti n 0 1.2!M�41LV h rtcan p .....................................2............f f. ......................................................................... .................................1 i�21...........LK........................ .. t..g. Policies 1 (.1.3.2 101.33 211.4 1 01 3 12..... fii- 44e All umrkforce housing earh' evacuation units a4kiE44 shal.1 be restricted t rental o a q�p ff derive at least 70"o theu inclome 2......................................................................... .... ................................................................................................................................................................................ as mi.embers of the workforce in, Monroe .. Count and %v 11.o n iget the affc)rdable .................................................................................................................................................................................................................... y......................................................................................................................................... hp.jq.!,ing in ojime categorig.,s of the monrot CiourV'Land Deugiopgj��..f-',ji... ......... ......................................................................................................................................................................................................................................... .. .. (b) The consmiction of dwelling imits- the redevelopincrit or the deed restriction of existing,di'velling (5)The covenants shall require onsite property managers and a separate employment disclosure Lniits utilizing workfofce housing early evacintion iuiit allocations -z"hAl require approval of a requiring the maintenance of niinhig in eviciLttion procedures wid an acknowledgement that failure to adhere to,the Phase 1 evacitatical requiiemeut could re5ult in severe penqlfies,including resolution approving a contract between the BOCC wid the applicant to officially exchange the termination. allocations wid confirm compliance with the requirements workforce initiative. ((F),Workforce hoiLsing,early evacmtioii imits shall be restricted to rental occ apancy for those who denve (c) All workforce hoasing early evacuation Lmits require a deed-restriction erisuririg: at least 70 4 of their inconie as members of the workforce in Monroe Comity arid who meet the (1)Before any building pennit may be issued for any stnicture,portion or phase of a project subject aff to theNorkforce Jnitiative,a restrictive covLriant shall be approved by the Plaiming,moire ctorand . ordable housing income categories of the Monroe Coinity Lwid Development Code. lVorkforce means,individuals or funilies,wlio are gainfully employed supplying goods wid/oT, services to Monroe County Attorney and recorded in the Office of the Clerk of the Comity to ensure complimice with Cowity residents or visrtorsr the provision of this section ritiming,in favor of the County wid iniforceable b- y the County and- if applicable, a participating unmicipality- The following, requirements shall apply to these (e)Workforce housing, early evactration units shall require owifte property mamigemenr with property restrictive covenants managers trained in evacuation procedures and required to manage the evicilotion of tenants in Phase a. The covenants for airy workforce housing early evacuation imits shall be effective for 99, I of an evacuation.During traditional working hours,the property inariagET must be at an office within ye'-ffs. the workforce housing early evacimfion unit developuleut subject property. Outside the traditional b. The cDvenarits shall not commence nuniting umiril .4 certificate of occupancy has been warkirig houni,the property manager must 1x available at all times to,respond to evacuation orders. isstTd by the Building Official for time divelling, unit or dwelling, units to which the covenant or covenants apply. (f) The property nianageinent entity for the%vork-force housing early evacuation units sliall be required C. For existing divelling units that are deed-restncted as workforc e housing early evacuation to amithillyverify the employment wid income eligibility of tenants;;report the total imits on the site. units,the covenants shall conunence ninning upon recordation in the Official Records of the occupancy rates of units. and tenant compliance with the requirement to evaciiate time unts in Monroe County. Phase I of-ui evacuation, including the mimber of occup.mts that are exempt from the evacilation (2!)The covenants shall require that the workforce homing early evaciiation mlits to be restricted to requirements. The property management entity must '-'Libinit a report to the Plaiuling and rental occupwicy for those who derive at least 70%�of their inc oine as members of the workforce EaivirorurienLal Resources Department by May I of each year. Further- each lease wid this annual inIvlonroe County and who meet time affordable housing hiconie categories of the Monroe Comity report shall be kept by the property mwiager wid mine available for inspection by the County during L,wid Development Code. The occupants are required to aruumlly verify their employment and traditional wcrflLing hours. income eligibility. WoEkfarce housing early evacuation awaits shall Ix located kvithiaimiarea designated as Tier 1E. (3)The coverumtsshall require occupwits to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane-Persons living in the workforce housing, emly evactiation units who may be (h'),WofkfOTCe homing, early evicnition units shall not be located in the V-Zone or within a Coastal exempted from evacuation requirements are limited to law enforcement, correctional and fire Barrier Resource System(CBRS'). personnel, health care persomiel, and public elliployees, with emergency Imuragement responsibilities. If there is an occupant that indicates their employmeut is considered 1 'first- (i), Workforce housing early evacuation units shall be located on a property which has all infrastructure responder position wid not included in the list of exeniptions',above.,then the Phulaiing Director available(potable water, adequate wastewater treatment and disposal wastewater meeting adopted shall detennine, in writing, whether the person may be exempted because of a requirement to,, I LOS,paved roads,etc.). remain during,in emergency. person claiming e Any -xemption under this provision shall subs nit , of aim afficlavit of qualification and faitlififfly certify their status with the orisite property 1j) All workforce housing early evacuation units unist demonstrate compliance with all applicable federal management. standards for accessibility for persons with disabilities(ADA Couipli.-Hice). (4)The covenants, sh-Lffl require rental agreements which contain a separate disclosure requiring rental occupants to, acknowledge the existing restrictive coveriant on the unit requiring (k',To the greatest extealt practicable,a development utilizin g evacuation unit _g workforce housing early evacuation in Phase 1 of the 48-hr evacuation and that fiihire to adhere to the Phase I evacuation allocations shall iiicorporatesListiin.iblt.iiidi-esilie.nt design principles into the overall site designn and requirement could result in severe peiialties,including eviction,to the occup.ml. be accessible to employment ceritfTs in Key West.Stock Island and Marathon. INNONNOWN • Professional staff agree with the Applicants' assertion that housing stock in Monroe County inadequate affordable housing — this is true and accurate and is an issue in Monroe County, 4 the subject 86 Early Evacuation Unit ROGO Allocations are developable for workforce housin— a g only. • In 2020-21 the unincorporated County had a balance of affordable housing ROGO allocations in excess of those requested for development projects at that time. At this time the unincorporated County has approximately two (2) affordable ROGO allocations remaining, accounting for existing affordable ROGO reservations approved by the BOCC and for building permit applications currently in process. • As of this professional staff report's date, none of the 300 workforcehousing early evacuation unit building permit allocations have been exchanged, and, therefore, no affordable allocations have been added to the Administrative Relief Pool to resolve takings and Harris Act claims pursuant to this policy. �/ %%��iaaaaaaaaaaiaaao / / / / / / / r , r, ii / / i / „ / / / i e I / ` If the Board of County Commissioners ("BCCC") approves direction t Planning & Environmental Resources Department professional staff to change course to allow utilization of the subject 86 Early Evacuation Unit OGO Allocations without the required 1 -for-1 takings and Harris Act liability reduction exchange, Department professional staff would recommend approval WITH STAFF-RECOMMENDED EDITS to the Monroe County Comprehensive Plan to establish Goal 113, Objective 113. 1 , and the site-specific subarea Policy 11 . 1 . 1 ("Tavernier Workforce Housing Subarea 1„). �/ %%��iaaaaaaaaaaiaaao / / / / / / / r , r, ii / / i / „ / / / i