Item Q3 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
December 11, 2024
Agenda Item Number: Q3
2023-3335
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider the Adoption of an Ordinance Amending the Monroe County
Comprehensive Plan To Newly Create Comprehensive Plan Goal 113, Objective 113.1, and Site
Specific Subarea Policy 113.1.1 ("Tavernier Workforce Housing Subarea I") Applicable To A Portion
Of Property Located At 92501 Overseas Highway Key Largo, Approximate Mile Marker 92.5,
Currently Having Property Identification Number 00089490-000000, Which Includes Changes To
Existing Comprehensive Plan Policies Limiting the Disposition Of Early Evacuation Unit Allocations
To A 1-For-1 Exchange Program for Administrative Relief Pool Banking for Countywide Takings and
Bert J. Harris Act Liability Reduction, as Requested by Cemex Construction Materials, Florida LLC
F/K/A Singletary Concrete Products Inc. LLC. TIME APPROXIMATE 1:30 P.M.
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:
The Planning & Environmental Resources Department acknowledges that the following is materially
relevant:
5032
• 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 the subject 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 inverse condemnation(takings) and
Bert Harris Act claims pursuant to this policy.
• At the September 1 lth, 2024 public BOCC hearing, the BOCC directed Planning &
Environmental Resources Department professional staff to change course to allow utilization of
the subject 86 Early Evacuation Unit Allocations without the required 1-for-1 takings and Harris
Act liability reduction exchange in addition to begin processing Comprehensive Plan and Land
Development Code amendments to eliminate the required 1-for-1 takings and Harris Act liability
reduction exchange for the remaining 214 Early Evacuation ROGO Allocations.
Planning and Environmental Resources Department Professional Staff recommend approval of
the proposed amendment 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 I").
DOCUMENTATION:
Exhibit A. to Ord..pdf
2023-205 Planning Dept Memorandum 03.15.24.pdf
2023-205 MONROE CO. 24-03ACSC (P) ORC.pdf
Resolution 288-202 .pdf
2023-205 Public Comment.pdf
2023-205—BOCC—SR-12.11.24.pdf
BOCC—Ordinance 12.11.2024.pdf
FINANCIAL IMPACT:
N/A
5033
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.
5035
` 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
5036
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
5037
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
5038
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
5039
„ ��4®` �..ri� i 1� rI,, ,;1,w„�FL.,011RIDACIOMMERCE
November 6, 2024
The Honorable Holly Merril Raschein
Mayor, Monroe County
102050 Overseas Highway, Suite 234
Key Largo, Florida 33037
Dear Mayor Raschein:
FloridaCommerce has completed its review of the proposed comprehensive plan amendment for
Monroe County (Amendment No. 24-03ACSC),which was received on September 17, 2024. We have
reviewed the proposed amendment in accordance with the state coordinated review process set forth
in sections 163.3184(2) and (4), Florida Statutes(F.S.), for compliance with Chapter 163, Part II, F.S.
FloridaCommerce does not identify any objections or comments to the proposed amendment and this
letter serves as the Objections, Recommendations and Comments Report. Review comments received
by the Department from the appropriate reviewing agencies, if any,are enclosed.
The County should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.
The second public hearing,which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's
attached report, or the amendment will be deemed withdrawn unless extended by agreement with
notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant
to section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce
within ten working days after the second public hearing pursuant to section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Ana Morales, Planning Analyst, by
telephone at (850)-717-8538 or by email at ana.morales@commerce.fl.gov.
Since '
y
J es D. Stansbury, Chie
reau of Community Planning and Growth
JDS/a m
Enclosure: Procedures for Adoption
Agency Comments
cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
An ecuaP opportunity errrgaloye/t:rrugrarrr.Auxiliary aids and service are avail blE
ail ul iu uu mm m upon request to individuals with disabilities,All voice telell.7hone numbers on thi:
�luulllluillul rI II 91 a.�ri. um .;',w �UUII UV�� domir � n be 6 u VT°l/TTiD reached by persorsing� equipment vna the Florida
Re�ayt r
u iIIIP”
5040
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
and Amendment Upload"
electronic amendment submittal portal "Comprehensive Plan www................
t:y f�uf o m:f to: : "t ) or submit three complete copies of all comprehensive plan
materials,of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only);the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Florida Department of Commerce identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name,title,address,telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format;
In the case of future land use map amendment, an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation, and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Effective:June 2, 2011(Updated July 2023) Page 1 of 2
5041
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Florida Department of
Commerce did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
Florida Department of Commerce to the ORC report from the Florida Department of Commerce.
Effective::June 2, 201 (Updated July 2023)__ Page 2 of 2
5042
Docusign Envelope ID:6FA7FC29-67AC-4699-AF63-7EAF93F7625A
FloridaFDOT
Department
11 O N DUS INTIS 000N,W, 'I I I Nventw JAIRED W F11°;R.D1JJK,P.LK.
October 7, 2024
Ms. Cheryl Cioffari, AICP
Assistant Director of Planning
County of Monroe
Planning and Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Subject: Comments for the Monroe County Comprehensive Plan
Amendment FDEO #23-03ACSC
Dear Ms. Cioffari:
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation, District Six, reviewed the proposed text amendments to the Monroe
County Year 2030 Comprehensive Plan. The proposed amendments modify text
within the Future Land Use Element and the Future Land Use Map.
The District reviewed the amendment package per Chapter 163 Florida Statutes
and found the proposed text amendment would not adversely impact transportation
resources and facilities of state importance.
Thank you for coordinating on the review of these proposed amendments with
FDOT. If you have any questions, please do not hesitate to contact me by email at
IIV:I iir . l..y .:: w m.'. :I Lgate fl.tis or at 305-470-5393.
vvww..fdotgov I www.,sotithflroads.com
5043
Docusign Envelope ID:6FA7FC29-67AC-4699-AF63-7EAF93F7625A
Ms. Cheryl Cioffari
October 7, 2024
Page 2
Sincerely,
DocuSigned by:
"'.w-.^•.....B06CD06755954DD...
Shereen Yee Fong, MS-CE
Community Planning Coordinator
Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Kenneth Jeffries, Florida Department of Transportation, District 6
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council
Donna Harris, Florida Department of Commerce
5044
[EXTERNAL] - RE:Comprehensive Plan Amendment Monroe County 24-03
P PlaoReviewePlan, i depstate, ,us> a
To:Morales,Ana Pei IWI i.J2324453 PM
Some content in this rnessage Inas been bkxked because the sender isn't in your Safe senxiers list.. Trust sender Show blocked content
,..�.h-� e wile 7Ttoun ittul�lalF eat fV°W 0mgerm �ipll 111:10 s` l Ock Nlfrtt;of-twlt atWhInexAS urllesg y(Hl 16CNm2e the eta a emid know the cnutwidY iiis
of
Good afternoon,Ana,
As requested,please see our rot nse below:
Re: Nlonroe Count,24-03ACSC-State Coordinated Reber,of Proposed Conxprehensive Plan Amendment
The Office of lotergocem mental Programs of the Florida Department ofErnir Protection(Department)has re am—td the above-referenced package under the provisions of Chapter
163,Florida Statutes.The Department conducted a detailed review that focused on potential achwse impacts to important state resources and facilities_specificallg':air and water pollution:wetlands and
other suface waters of the state_federal and state-oumed lands and imerest m lands:incltuling state parks,greemva�-s and trails,consmation easements;solid Baste;and water and i,astewater treatment.
Based on our review ofthe submitted amendment package,the Dep2rwwa has found no prm-o an that,if adopted.would result m ado erse unpacts to important state resources subject to the
Department's jurisdiction.
Thank you.
f..tntlsac Weaver
a Office of lmergot ernmental Programs
Florida Drpartment of Environmental Protection
_r,; `ra,r-,er j .„tvfr
.m w Office:550-717-9037
5045
Harris, Donna
From: DiGruttolo, Laura <Laura.DiGruttolo@MyFWC.com>
Sent: Monday, October 14,2024 12:38 PM
To: Morales,Ana
Cc: Conservation Planning Services; Schad, Morgan; DCPexternalagencycomments
Subject: [EXTERNAL] - FWC's Comments on Monroe County 24-03ACSC
,,- .... .. .. .... . .w. �r. ®. . ..... _ .........,.,.
----
CAUTION This email originated frogm outside of the organization. Do not
is
g click links or open
attachments unless you recognize the sender and know the content safe."
_.,..... ._ . m...... _. _ ®� ee
Ms. Morales:
Florida Fish and Wildlife Conservation Commission (FWC)staff reviewed the proposed comprehensive plan
amendment in accordance with Chapter 163.3184(4), Florida Statutes.We have no comments,
recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to
offer on this amendment.
FWC staff appreciates the opportunity to review this project. Please send any requests for further information to
Sincerely,
Laura DiGruttolo
Land Use Planning Program Supervisor
Office of Conservation Planning Services
Florida Fish and Wildlife Conservation Commission
1875 Orange Avenue East
Tallahassee,FL 32311
(850)728-5147
Monroe County 24-03ACSC_59993
1
5046
(EXTERNAL) - RE:Comprehensive Kan Amendment Monroe County 24-03
South Florida Local Gov Plan<SFLOCALGOVPLAN@sfwmd.gov>
b,Mmales.Aoa VOW TVT412024 7W AM
(ALI"TIO This eimafl outside of lhe orWrwafion.Do niol ckk finks Di op n a t t a c t wrn8IIIIS UIRIeSS YnU aOCOgIIL09 the sencku and know ho ronteiiii is
safe
Good morning Ana,
The District has no comments an Monroe County 24-03ACSC.
Thank you
Kind regaxds,
Dand Ragsdale
Policy and Plm=g: t
Water Supply Implementation Unit
South Florida Water Ilartagement District
Office-561-692-6715 Celt 850-572-3176
3301 G—Club Road.West Palm Beach,FL 33406
5047
2 � it
P Y
3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. 288-2024
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
5048
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.,i 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 Yes
83 Mayor Pro Tem James K. Scholl Yes
84 Commissioner Craig Cates No
85 Commissioner Michelle Lincoln Yes
86 Commissioner David Rice Yes
87
88
89
90
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
5049
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
91
92
93 BY
MAYOR HOLLY MERRILL RASCHEIN
{ I � MONROE COUNTY A77ORNEY
AP l*HD SS TO FORM
` D 6-
" Oat Rtan 4�
E d rt KEVIN MADOK,CLERK
� S' PUTY CLERK
CD
A
an
3 of 3
5050
EXHIBIT I .
-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
5052
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
5053
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
18 County Commissioners adopted BOCC Resolution No. 288 -2024 transmitting the proposed text
19 amendment to 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
5054
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
5055
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, aOR lotw
v
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....,
I
k „..._., e � �- w. �i.�.,., Jo �r:r- �, owner¢"rr,er ���: nnf
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9 Y
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,
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/d " Zr w cwa,� r
10
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
5056
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
5057
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
5058
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.
5060
KeysNews.eom
KE TEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3937128
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Amber Douglas ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,August 24,2024
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
F
(Signature ofAffiant)
Affirmed and subscribed before me this 26th day of August 2024
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2027
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
A, ON a —
Notary Public State of Florida
Ak Jill Kalil Di Benedetto
ttN My Commission HH 390294
ExpirBS 61191202 7
5061
keyscewsocom Keys Citizen.Weekend Edition " ,11 , I �)
AUGUST 24-25,2024 PAGEA9
IN /AS EYIfJ 11,14 1 ""rl�� IJ I"Jil,
Debby insured County breaks ground on first
losses top $1 B 'resilient roads' project in Keys
NEWS SERVICE OF FLORIDA Meanwhile,the SPECIAL TOTHE CITIZEN
A t mat srophe rancle talc�.s Citizens Propettv
M C t h h
un a dt ling Insurance Comp.ad deal onroe ouny officials
as estimate hat or"tha"Ll" ob"i's recently bro keg round maa resilient
Hurricane Debb y cause d I h ,ris wV a da Lear r Vc theFeb I,La
s,lorip adproj I kes
al,out$1.4 billion it, the lialfayi of the neighborhood.This is the coutitys
privatel,insured losses in host pilot prof ect for road clevat w
2024 hurricane season.
Florida and other states Citizens had 1,241,766 which will help ph e flood-prone
The Boston based Karen Policies as of Fri day,A . neighborhood maintain access
e
lark 8,Co.released the 17,up from 1,237,500 to their homes and become more
estimate recen by looking policies a week earlier and resil ead to sea level rise.audi
Holly v",i ��,
at damage to resid al' I o Monroe County Mayor . ...... "Ki,
commercial and industrial w234,27Opu be trdmg, W"'di'Ay
K arardi rh,_ro I w Merrill Raschem,Mayor Pro fVm
VVLs A
properties and automobiles data an,its wVbsita. Jim Scholl and commissioners '�'Y'ccgSAR�;u,
and losses in what is Citizens
officials s.they Michelle Lincoln and Craig Cates INYTIN 11100CRRONUO�11lbr�l
I wnas"business the total to do were joined Fri day,Aug.16,by U.S. From left,Anthony So b bag,HD R;Act!mg Mon roe County Ad Del Of st rate
o� p.
mterruptiord'coverage.The b�elow 1 million policI Rep.Carlos Ginicamez,R Miami,and Wilson;Commissioner Craig Cates;Mayor Pro Tem Jim Scholl,U.S.Rep Carlos
"""to iiiii'd it at`Js`.br"" by th-ml of the year the subdivision for the Gimenez;Mayor Holly Merrill pass hein;Co mrsissioner Michelle Linco Im Engl-
$84 an onnam ad be' remoinvneering Director Judy Clarke;Project Manager Debra London;and Danny Gar
loss,stron-ituddarnagm "use of a"de lotion"
pru�r� aim d a, Dying fhVb'sid-Vighborhood cle,Ferreira Construction.
'I, the by$440 million fircon,inland has damdued frequent flooding for linear feet of roadway and will The county secured$5.48 million
flooding and$130 million horn drsi to We
fironastor surge. private insurance market. prolon dpVriodsduVtohV.v protect 105 residential structures. in federal and$3.9 million instate
in But amid the hurricane raimall,storm surge,high tides and Florida Keys Aqueduct Authority funding,including a Resilient
1'he estimate is generally season,policies are not kingtides. also parmered with the county to do Florida grant.
in line with the report issued ..... d to start hwir in "The Bonding ail cards underground utility work while the "Neighborhood wide hooding
wen reinsurance (atizei,,s out I tc�,r neiglaI quality of IiDc7orr days by the gl I ate('a roads are being repaired. mitigation is not as simple as raising
Gallagherroker ig lacrRm,hich The six mouth season and weeks at a timc:'Raschein said. D Hiring the last decade'Monroe the road:'acting Monroe County
put insured losses for the started June I and will end "Phis is a huge milestone project. County has been working toward Administrator Kevin Wilson said.
1,30 We are-cited to start this first of a more resilient Isev "There are a lot of components that
private insurance market N b s,including
and the National Flood Citizens,w hich was many to comb at rising waters in our ,rod vultmera flity analysis need to be considered,like water
Insurance Program at$1 created as an insurer of last community' and capital plan,which uses management to keep r um"I out
billion to$2 billion. I resort,has b crome Hernias The proj det will include a new environmental and human use of our marshore wate rs and of I of
Debby made landfid largest property insurer drainage system that collects and tact orsinassessing lieflooding residential properties"
Aug.5 a's a"at"gory in recent years as private treats stornawater rumoll The vultmerabilitvCH300"milescut county The project is expected to take 22
1 hurriaterwar carriers faced financial affected area encompasses 4,633 roads. months to complete.
Steinhatchee in faylor problems.Citizens reached
County,before bringing ISLAMORADA,VILLAGE OF
heavy rain�o other parts asmany as 1.412 million policies in fall 2023 before
of rural North Florida, seeing reductions because Your Local Arts&CoAtione Connection ISLANDS
Georgia and South of the depopulation,
Carolina. Prograu, EVERYTHURSDAYINPRINT&ONLINE key new.om NOTICE OF PUBLIC HEARING
NOT CC 11 HEREBY GIVEN Tlp 11111,1"Grob,11'11'11:11
MONROE COUNTY BOARD OF COUNTY PAL,His re,
Why, f Uh.w selh,C,c..I, ffl hold,pcbhc
HURRICANE SEASON C hearing it Fc.d,.Me,-C,C,1-ted it 87000 0,,.,,c
COMMISSIONERS NOTICE OF PUBLIC
IS HERE MEETING AND NOTICE OF PUBLIC
HEARING SECOND READING
NOTICE OF CHANGE TO MONROE AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,
FLOR Da.CONSIDERING THE REQUEST OF SHARON MAHONEY
COUNTY COMPREHENSIVE PLAN 0 BEHALF OF HVSeB INVESTMENTS LOG TO AMID THE
VILLAGE'S FUTURE LAID USE MAP FROM RESIDENTIAL
NOTICE OF CHANGE TO MONROE CONSERVATION(RC)TO MIXED USE(MU)FOR THE SUBJECT
PROPERTY,LOCATED ON PLANTATION ICUR WITH REAL
COUNTY TIER OVERLAY DISTRICT MAP ESTATE NUMBER 0S4IRIPUPOP000,AS LEGALLY DESCRIBED
HEREIN; PROVIDING FOR THE TRANSMITTAL OF THIS
SEPTEMBER 11,2024 ORDINANCETOTHESTATEDE-ENT OFCOMMERCEAND
PROVIDING FOR AN EFFECTIVE DATE UPON THE APPROVAL OF
to NOTICE IS HEREBY GIVEN that on Wednesday,September 11,2024,the THIS ORDINANCEBYTHESTATEDEPARTMENT OFCOMMERCE.
!flfl Monroe County Board of County Commissioners will hold a public! A S NflON NOW AMI ABflhearing,beginning at 9:00 AM The B CC meeting WII be held in hybrid AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,
lormat'allowing the publicto attend eithervia loom Welanar or in person NUORIDACON IDERING THE REQUEST OF SHARON MAHONEY
IN 1OC-ATII31-5---- The in person meeting will be held at the Murray Nelson Guiernment ON BEHALF OF IN-INVESTMENTS LOG TO AMID THE
Center,located at 102050 Overseas High"ay,Key Largo,FIG.The OFFICIAL ZONING MAP FROM NATIVE RESIDENTIAL(Who TO
following items will be considered atthe PUBLIC HEARING: HIGHWAY CO- IA ERCL(He)FOR THE SUBJECT PROPERTY,
LOCATED ONPLANTATIO KEY,WITH REAL ESTATEN-BER
PUBLIC HEARINGS:09:00 AM(or as soon thereafter as maybe heard): 004158-0-0,ASLEGALLY DESCRIBED HEREIN;PROVIDING
FOR THE TRANSMITTAL OF THIS ORDINANCE TO THE STATE
NOTICE OF UTILITY BOARD AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY DEPARTMENT OF COMMERCE,AND PROVIDING FOR AN
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PROVIDING FOR AN EFFECTIVE DATE(FILL 2023 205) EVE IIII PROVIDING FOR INCLUSION IN THE CODE,
THE MEETING IS OPEN TO THE PUBLIC AND PROVIDING FOR AN EFFECTIVE DATE.
A PUBLIC HEARING TO CONSIDER A REQUEST FOR ADMINISTRATIVE
�Wf?BCD Of UF KLYS LIC,LOH BLOCK 3,LOI 12&RAW LOI 11,
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vote on Tuesday,Garcendoer 5,2024. HK,KLY LARGO,PB 1 159 MONHOL COUN I Y,tLOHIDA HAVING Pursuant R,inlc286 0105,Fl,rd,SUbcOv,r,... .HUE t,appeal any
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.......... MAHKLH 103 -ed-d it such meeting or h,-,will need,-cl of the proceedings
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El ultimo Via para,inscribirse para,ve,Bar para,la pr6od ma public comments on I a in agenda items
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R.Joyce Griffin sestimoryk evidence upon which the appeal is sobebaded TO,,---ts,.,.b,.fto--cc committees.,yb,Aev,t
'fact -If you are a person with a disability who needs T-meeting.
Super of Elect ons ADA ASSISTANCE.
520 b C allege Rd special accommodations in order to participate in this proceeding,
please contact the ing,Administrator's Office,by phoning(305)
Key West,Florida 33040 292-4441,bet-.deohours,of8.30a.m.-5.00p.m,nolanerthan five(5)calendar days In .......
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I I lb-t-Al-ii, 1 5062
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
5063
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.
5064
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. 5065
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
5066
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
5067
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
33070. Email:
5068
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
5069
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
5070
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
5071
>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
5072
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.
Begin forwarded message:
Iv diive..�.:1..... '? irnaliII. ��irn>
From: Chris Mattson < ......„
Subject: Cemex Property
Date: June 3, 2022 at 7:55:20 AM EDT
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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
i
5073
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
5074
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
5075
/-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,
5076
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
5077
-----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
5078
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
5079
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
5080
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
5081
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
5082
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
5083
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
5084
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
5085
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
5086
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
5087
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
5088
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
5089
>>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
5090
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
5091
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
5092
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
5093
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
i
5094
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
5095
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
United States.
5096
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
5097
|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
could, too.
5098
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
5099
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
5100
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
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1
5101
"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
5102
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..............................................
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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
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N al i� as ]Zenl(d Piroperl i LLC
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100 Wrenn si reel,
1
5103
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2
5104
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.
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p'uq+Yi.0 Miles Moss )Ignt:d �C'port pffl:
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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
5105
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.
5106
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).
5107
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.
5108
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 50 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
5109
-
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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 rdf. 6"`r works a11. (` l0.'todlys!b' Ifoir 1U:}➢t'xS )rl1l6.S,"" sIUIVft""0;"ess, ail. a`,oji,."IlxeI(uller of
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5110
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.
5111
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
5112
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 FEDERATION 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
5113
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: November 15, 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: December 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 39
5114
I Overseas Highway, Tavernier, currently having Property ID No. 00089490-000000 (the "Property").
2 The Applicants have submitted additional amended and restated applications since the initial submittal,
3 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).
2of39
5115
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). As of
10 the date of this professional staff report,the application proposes the following phased development:
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 39
5116
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 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
4of39
5117
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 39
5118
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 BOCC Transmittal Hearing:
27 On September llth, 2024, at a regularly scheduled public hearing, the BOCC considered whether to
28 transmit the Applicant's proposed text amendment to the Monroe County Comprehensive Plan to the
29 State Land Planning Agency (FloridaCommerce). Through BOCC Resolution No. 288-2024,the BOCC
30 approved the transmittal of the ordinance with staff recommended edits to the State Land Planning
31 agency.
32
33 Additionally, at the September 1 lth, 2024 public hearing,the BOCC directed Planning&Environmental
34 Resources Department professional staff to change course to allow utilization of the subject 86 Early
35 Evacuation Unit ROGO Allocations without the required 1-for-1 takings and Harris Act liability
36 reduction exchange in addition to begin processing Comprehensive Plan and Land Development Code
37 amendments to eliminate the required 1-for-1 takings and Harris Act liability reduction exchange for the
38 remaining 214 Early Evacuation ROGO Allocations.
39
40 On November 6, 2024, FloridaCommerce provided an Objections, Recommendations and Comments
41 Report and did not identify any objections, recommendations, or comments with the amendment as
42 transmitted (incorporated as Exhibit 2).
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 27", 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."
6of39
5119
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.
7
8 On June 30, 2003, a Letter of Understanding ("LOU") was issued to address the potential construction
9 of 300 affordable housing units on the Property.
10
11 On February 15, 2024, the BOCC approved Ordinance No. 004-2024 ("the Land Development Code
12 text amendment") to approve a text amendment to the Land Development Code to newly create LDC
13 Section 130-143 in order to establish a"Tavernier Commercial Overlay District" including purpose and
14 intent, NROGO allocation standards, applicability, boundary, and maximum development potential for
15 those certain parcels located at 92501 Overseas Highway,Key Largo, currently having Property ID Nos.
16 0089490-000000 and 00490250-000000.
17
18 On May 171h 2024,the State via the Department of Commerce issued Commerce Final Order No. COM-
19 24-020 rejecting the Land Development Code text amendment(the"Ordinance")based upon the State's
20 determinations that it was: (1)Inconsistent with the Principles for Guiding Development in the Florida
21 Keys Area of Critical State Concern, (Q Inconsistent with the adopted Monroe County Comprehensive
22 Plan and Tavernier Livable CommuniKeys Plan ("LCP"), and(33,)Inconsistent and fails to comply with
23 the adopted Monroe County Land Development Code.
24
25 Later, on June 27t', 2024, the State via the Department of Commerce issued Commerce Amended Final
26 Order No. COM-24-020 approving that previously rejected Ordinance (No. 004-2024) stating the
27 following:
DEPARTMENT OF COMMERCE
Division of Community Development
Commerce Amended Final Order No. COM-24-020
AMENDED FINAL ORDER
MONROE COUNT'' ORDINANCE NO. 04-2024
The Florida Department of Commerce ("Department") hereby
issues its Amended Final Order, pursuant to sections 380.05(6)
and 350.0552(9), Florida Statutes on the land development
regulations adopted by Monroe County, l{Iorida(the"County'),
Ordinance No. 04-2024 (the "Ordinance"). The Department's
initial final order issued on May 1.6, 2024, is hereby superseded
36 and replaced by this final order.
30 On October 17th 2024,the Tavernier Community Association(Tavernier Community Association, Inc.),
31 James Bell, and Chris Hoguet (the "Petitioners") filed a Petition, under Florida Statutes Section
32 163.3213(3), with the Monroe County Board of County Commissioners ("BOCC") challenging the
33 BOCC's adopted Ordinance No. 004-2024 as inconsistent with the Comprehensive Plan. Thirty (30)
6 Monroe County Planning&Environmental Resources Department File No.M9315.
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5120
1 days later,' Monroe County served its initial or preliminary response to the Petitioners' Petition. Under
2 Florida Statutes Section 163.3213(3), the Petitioners now must petition the state land planning agency
3 (the Florida Department of Commerce) not later than thirty (30) days from November 18th, 2024; in
4 other words,the Petitioners must submit their formal petition with the Florida Department of Commerce
5 by or before Wednesday, December 18th, 2024. This matter remains pending.
6
g Previous Relevant BOCC Action: ROGO
9 "An area of critical state concern may be designated only for: An area containing, or having a significant
10 impact upon, environmental or natural resources of regional or statewide importance, including, but not
11 limited to, state or federal parks, forests, wildlife refuges, wilderness areas, aquatic preserves, major
12 rivers and estuaries, state environmentally endangered lands, Outstanding Florida Waters ("OFWs"),
13 and aquifer recharge areas, the uncontrolled private or public development of which would cause
H substantial deterioration of such resources."Florida Statutes Section 380.05(2)(a).
16 Florida Statutes Section 380.0552 (the "Florida Keys Area Protection Act"), which designates and
17 protects the unincorporated Florida Keys as an Area of Critical State Concern ("ACSC"), establishes —
18 pursuant to Florida Statutes Section 380.0552(2)(j) — legislative intent mandating that it be "ensure[d]
19 that the population of the Florida Keys can be safely evacuated" and requiring that amendments to each
20 ACSC local government's Comprehensive Plan must include "goals, objectives, and policies to protect
21 public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation
22 clearance time for permanent residents of no more than 24 hours. The hurricane evacuation clearance
23 time shall be determined by a hurricane evacuation study conducted in accordance with a professionally
24 accepted methodology and approved by the state land planning agency." Florida Statutes Section
Sig 380.0552(9)(a)(2.).
27 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 goals,implement
it „ cam t"tnvew and
policies of the Florida Keys' Comprehensive Plan related to Tar ctieim of',
residents, visitors and property in the County from natu al alsaRers,,.
specifically including hurricanes, by adopting a Dwelling Unit 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 time, as determined 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 Cor,unty's historic rate of growth„ clearance time will contin-
ue to increase. Therefore, consistent will, 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-
30 1
ronmental degradation, and potential land use conflicts,
June 23rd, 1992-adopted ROGO approved pursuant to BOCC Ordinance No. 016-1992.
33 The Rate of Growth Ordinance ("ROGO") was required by the State of Florida and implemented in
34 order to provide for the life-safety of Florida Keys residents in the event of a hurricane evacuation and
35 to protect the Florida Keys Area of Critical State Concern's environmental and natural resources of
36 statewide significance. Monroe County originally reduced the annual permitting rate from
37 approximately 500+units per year to 255 dwelling unit allocations per year. Later, the State via F.A.C.
38 Rule 28-20 adjusted the annual allocation to 197 dwelling unit allocations per year. Each year's ROGO
November 18'h,2024.
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5121
I allocation of 197 new dwelling units is split with a minimum of 71 dwelling units allocated for affordable
3 housing, and market rate allocations cannot exceed 126 new residential dwelling units per year.
4 In 2012, Monroe County entered into a Memorandum of Understanding ("MOU") with the State
5 Department of Economic Opportunity("DEO"), State Division of Emergency Management("FDEM"),
6 and municipalities of Marathon, Islamorada, Key West, Key Colony Beach, and Layton. It provided the
7 distribution of allocations among the local governments based upon a vacant land analysis (excerpt
8 below).
WHERrAS,DF,0 and the local Governtavents recognize that significant vacant lands remain in
the.Florida Keys: Monroe County with 8,758 vacant parcels(77S'"a oftotal vacant lands),Marathon with
1,281 vacant parcels(1I%), 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 1.3 vacant parcels
gg (0A 1%);and
1 l�
11 In 2012, State DEO and State FDEM, per F.A.C. Rule 28-20.140, completed the hurricane evacuation
12 clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys
13 would be at a 24 hour evacuation clearance. Based upon the resulting 24-hour evacuation clearance,
14 State DEO determined the remaining allocations for the Florida Keys (3,550 additional permits
15 countywide, 1,970 of which would go to Monroe County, see excerpt below).
16
17 In March 2013, Governor Rick Scott and the State Cabinet (consisting of Governor Scott, Attorney
18 General Pam Bondi, Chief Financial Officer Jeff Atwater, and Agriculture Commissioner Adam
19 Putnam), sitting as the State Administration Commission, approved the allocation of 10 years' worth of
20 additional growth to the Florida Keys.
WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Croup
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,Islarnorada 28,Key West 90,Key Colony Beach Cr and Layton 3);
21 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 M45 with the provision that the City of Key West would transfer
annually (by ,July 13th) any remaining or unused (90 allocations) allocations to the rather Local
Governments based upon the Local Governments'ratio ofvacant land;and
WHEREAS,AS,following the June 8,2012,wltt"ork 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
24 On April 13, 2016, the BOCC adopted the Monroe County Year 2030 Comprehensive Plan and Land
25 Development Code, which included a ROGO allocation distribution through the year 2023, based on
26 F.A.C. Rule 28-20.140, and the Department of Economic Opportunity's completion of the hurricane
27 evacuation clearance time modeling task that found with 10 years' worth of building permits,the Florida
29 Keys would be at a 24 hour evacuation clearance time(Phase 2 of the 48-hour phased/staged evacuation).
30 On January 22, 2020, the BOCC adopted Ordinance No. 005-2020 to extend the remaining market rate
31 ROGOs out for an additional three (3) years from 2023 to 2026 within the Comprehensive Plan and
32 adopted Ordinance No. 006-2020 to extend the remaining market rate ROGOs out for an additional three
33 (3)years from 2023 to 2026 within the corresponding/implementing Land Development Code.
35 On February 19, 2020, the BOCC discussed whether to direct Planning & Environmental Resources
36 Department professional staff to process a Comprehensive Plan and Land Development Code
R amendment(s):
39 (1) To move a portion of the 378 Remaining Market Rate ROGO Dwelling Units Through 2026
40 to the County's Affordable Housing Allocation Pool, and/or (Q To accept the State's 300
41 Workforce Housing Dwelling Units Required to Evacuate in Phase 1 of the Hurricane
13 Evacuation Model.
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5122
I The BOCC did not decide on shifting the Market Rate ROGO Dwelling Unit allocations to the
2 Affordable Housing ROGO Allocation Pool (the BOCC wanted professional staff to develop a menu of
Ioptions).
5 The BOCC directed professional staff to start the process to accept the State's 300 Workforce Housing
6 Dwelling Units and over the course of several public meetings (on February 19th, 2020, July 15th 2020,
7 and April 21', 2021) discussed its overriding desire to accept the 300 Workforce Housing Early
8 Evacuation Dwelling Units with the purpose/intent to set them aside and bank them for use in future
9 takings cases/to mitigate future takings liability.
10 On July 15th, 2020, during a BOCC discussion item on potentially shifting market rate allocations to the
11 affordable housing pool (7/15/24 BOCC Agenda Item No. I5), the BOCC provided further direction to
12 professional staff on how it desired to accept the 300 Workforce Housing Dwelling Units. The BOCC
13 directed professional staff as follows:
14
15 Accept the 300 workforce housing early evacuation unit building permit allocations to be used
16 in exchange for existing affordable allocations at multifamily developments (for developers that
17 agree to the early evacuation restriction) and the affordable housing allocations returned to the
18 County (returned in the exchange) be set aside and banked for takings cases (bank them within
19 an administrative reliefpool).
20
21 On April 21', 2021, the BOCC adopted Ordinance No. 005-2021, which approved amendments to the
22 Monroe County 2030 Comprehensive Plan amending the Future Land Use Element ("FLUE") and the
23 Housing Element to establish a new building permit allocation category to accept and award 300
24 Workforce Housing Early Evacuation Unit Building Permit Allocations as a 1-for-1 exchange program
25 wherein existing affordable allocations are exchanged for early evacuation units, and then the returned
26 or recouped affordable housing allocations are banked into Monroe County's Administrative Relief pool
27 for future takings and/or Bert Harris Act cases, by amendment as well as clarifying Policies 101.2.2,
28 101.2.4, 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,
29 601.1.11, 601.5.1, and creating new Policy 101.3.12 to establish the specific workforce initiative
30 requirements.
31
32 Likewise on April 21't,2021,the BOCC adopted Ordinance No. 006-2021,which approved amendments
33 to Monroe County Land Development Code Section 138-24 ("Residential ROGO Allocations") to
34 establish a new building permit allocation category to award 300 Workforce Housing Early Evacuation
35 Unit Building Permit Allocations as a 1-for-1 exchange program wherein existing affordable allocations
36 are exchanged for early evacuation units, and then the returned or recouped affordable housing
37 allocations are banked into Monroe County's Administrative Relief pool for future takings and/or Bert
38 Harris Act cases, and to establish the specific workforce initiative requirements.
39
40 III. THE APPLICANT'S PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
41 WITH STAFF RECOMMENDED EDITS:
42
43 The Applicants' proposed text amendment with Staff recommended edits, as transmitted to the State
44 Land Planning Agency, is shown below (the proposed additions to the Comprehensive Plan text are
45 shown below in blue a uui deu:.�.u.v e,).
46 COAL 113
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5123
|
2
3 i ivi
4
5
6
7 Ojb
8I C C Sp9ciFic ssubareass located in Tavernier Which pg-l-nit the allocation o['
9
|0 1 loussing iti i
|| fi j
|2
|3 For the ssubarea
|4
|5
|6
|7
|8 L
|9
20
2| i
22I 'corded in Plat Book I at pagg �A gF,the Public Records oF, Monroe Coutl!y'
23
All
PAN
47
24 r
11of39
1 1 Rate o Growth Orditiatice All ocati oti s,
2 1. Notwithstaiditig 'g!DP]-,11et1sJVe plati policies, 101 3
) 12(a) �fl�! I(D I 3 12(h) 11
1 3 2 sectiotis, ") 115 �ig J'ay enlier "I oflJorce I I ousitig 5qi)areq
4 1 sha e e ll �) ligiffle to recelvC U W �12'12 � bly Jx (5 ) 1ZOGO allocatiotis
5 i. A ward o 6` w ork Qrce housitig garly gyacuatioti i)ufldjtlg pgralit allocatiotiss 6ronl
' tit to the caul-Uorce M'forda�fle Houssitig 11]J " e 6 motin e Coutily 12!IE�!Ia tuItIv
7 TCSCTVCd �)Y 122gatiss 4a BQ(S�' ressojutjotl� The BQC( 111ay, at its discretioth pjace
8 cotiditiotiss oti the resservatiotl
9 d 111 eflitll, !!fljtss thatare deed restricted with worUorce
10 early uYacuatjotl i)uflditw wu!]Jt allocatiotiss are reqqjred to evacuate Jtl Phase 1.
11 4the48 hr evacuatioti IM'Suatitto Policiess 101 ,3.2,
12 101.3 3 atid 1(D1.3 11
13 di All wool Jorce housitig u,afly glacuatloti utilts shall i)e restricted to retital
14 occUpaticy �'or thosse Who derive at least 70% 4'their iticome ass tlletll )erss o�`the
15 WorlJorce iti motiroe Coutl!y �fl�! ',V!!g 111cet the ffforda� )Je holissitig, !flu,onle
16 categgJess o the motiroe Coutl!y 1.atld
17
18 IV. ANALYSIS OF THE APPLICANTS' PROPOSED AMENDMENT:
19
20 Proposals to amend the text of the Monroe County Comprehensive Plan are reviewed in accordance with
21 Article V ("Amendments"), Chapter 102, Land Development Code. Land Development Code Section
22 102-158(a) specifically states the purpose of LDC Article V—Amendments as follows:
23
24 Purpose. The purpose of this article [Article V—Amendments] is to provide a means for
25 changing the text of this Land Development Code,which also includes changes to the land
26 use (zoning) district map and overlay district maps. It is also intended to add to the
27 statutory procedures and requirements for changing the future land use map (FLUM) at
28 the transmittal stage. The process for changing the text of the Comprehensive Plan
29 shall follow the process established Chapter 163, Part 11, Florida Statutes, and shall
30 require a Concept Meeting as detailed in subsection (d)(3) of this section, and shall
31 provide for community participation as specified in Section 102-159(b). This article
32 is not intended to relieve particular hardships, nor to confer special privileges or
33 rights on any person, nor to permit an adverse change in community character,
34 analyzed in the Technical Document(data and analysis),but only to make necessary
35 adjustments in light of changed conditions or incorrect assumptions or
36 determinations as determined by the findings of the BOCC. In determining whether
37 to grant a requested amendment to the text of this Land Development Code, or land
38 use (zoning) district map, or overlay map, the BOCC shall consider, in addition to
39 the factors set forth in this article, the consistency of the proposed amendment with
40 the provisions and intent of the comprehensive plan and consistency with the
41 principles for guiding development in Section 380.0552, F.S.
42
43 (Emphasis added).
44
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I A. Current Provisions of the Monroe County Comprehensive Plan and Land Development Code:
2
3 Monroe County Comprehensive Plan Policy 101.3.12 states the following:
4
5 Workforce Initiative. To support Monroe County's workforce by alleviating constraints on affordable
6 housing, to protect private property rights and address potential liability, the County is participating in
7 the Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the June 13,
8 2018, meeting of the Florida Administration Commission. Monroe County accepts the 300 workforce
9 housing early evacuation building permit allocations pursuant to the Workforce-Affordable Housing
10 Initiative authorized by the Florida Administration Commission and the Florida Department Economic
11 Opportunity. The Workforce-Affordable Housing Initiative will require dwelling units constructed
12 and/or deed restricted with workforce housing early evacuation building permit allocations to evacuate
13 occupants in Phase 1 of the 48-hour evacuation of a pending major hurricane, pursuant to the criteria
14 below. To participate in the Workforce Initiative, Monroe County shall be responsible for the
15 management,distribution,and enforcement of requirements associated with the workforce housing early
16 evacuation building permit allocations. Monroe County shall ensure adherence to these requirements
17 through implementation of this policy and shall annually provide to the Florida Department Economic
18 Opportunity a report indicating the number of workforce housing early evacuation units built and/or
19 deed restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase I
20 of an evacuation. The annual report shall be provided to the State in a timely manner such that the State
21 may include the information in the required Annual Report to the Governor and Cabinet on the County's
22 progress toward completion of its Work Program pursuant to Rule 28-20, F.A.C.
23
24 Dwelling units developed and/or deed restricted utilizing the workforce housing early evacuation unit
25 allocations are subject to the following:
26
27 (a) Requests for workforce housing early evacuation unit allocations shall be available only for a
28 1 for 1 exchange for affordable allocations/exemptions and require a reservation via BOCC
29 resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems
30 appropriate. The BOCC may, at its discretion, exchange existing reserved affordable allocations for
31 allocations under the Workforce Initiative to private development and nonprofit sector partners
32 willing to meet the requirements of the workforce housing early evacuation unit allocations. Further,
33 the BOCC may, at its discretion,approve the exchange of existing deed-restricted affordable housing
34 units (lawful affordable exemptions)at existing multifamily residential developments for allocations
35 under the Workforce Initiative to private development and nonprofit sector partners willing to meet
36 the requirements of the workforce housing early evacuation unit allocations.
37 (1) The affordable allocations returned to the County in exchange for workforce housing early
38 evacuation unit allocations shall be banked and used for future administrative relief,
39 beneficial use determinations and to resolve inverse condemnation cases and Bert J.Harris,
40 Jr. Private Property Rights Protection Act cases.
41 (2) To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the affordable allocations returned
42 to the County shall be maintained as affordable allocations and shall also be returned to the
43 original affordable housing category (very low/low/median income vs. moderate income pool).
44 (3) The workforce housing early evacuation unit allocations must be utilized based on the original
45 approved affordable housing income category or a lesser income category.
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1 (4) Administrative relief means actions taken by the County granting the owner of real property
2 relief from the continued application of the Rate of Growth Ordinance (ROGO) restrictions
3 provided they meet the criteria established in the Comprehensive Plan and Land Development
4 Code.
5 (5) Beneficial use means the use of property that allows an owner to derive a benefit or profit in the
6 exercise of a basic property right. For the purpose of this policy, beneficial use shall mean the
7 minimum use of the property necessary to avoid the finding of a regulatory taking under current
8 land use case law.
9 (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling
10 units utilizing workforce housing early evacuation unit allocations shall require approval of a
11 resolution approving a contract between the BOCC and the applicant to officially exchange the
12 allocations and confirm compliance with the requirements Workforce Initiative within this Policy.
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 phase of a project subject
15 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and
16 County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with
17 the provision of this section running in favor of the County and enforceable by the County and,
18 if applicable, a participating municipality. The following requirements shall apply to these
19 restrictive covenants:
20 a. The covenants for any workforce housing early evacuation units shall be effective for 99
21 years.
22 b. The covenants shall not commence running until a certificate of occupancy has been issued
23 by the Building Official for the dwelling unit or dwelling units to which the covenant or
24 covenants apply.
25 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation
26 units, the covenants shall commence running upon recordation in the Official Records of
27 Monroe County.
28 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to
29 rental occupancy for those who derive at least 70% of their income as members of the workforce
30 in Monroe County and who meet the affordable housing income categories of the Monroe County
31 Land Development Code. The occupants are required to annually verify their employment and
32 income eligibility.
33 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour evacuation of a
34 pending major hurricane. Persons living in the workforce housing early evacuation units who
35 may be exempted from evacuation requirements are limited to law enforcement, correctional and
36 fire personnel, health care personnel, and public employees with emergency management
37 responsibilities. If there is an occupant that indicates their employment is considered a 'first-
38 responder position' and not included in the list of exemptions above, then the Planning Director
39 shall determine, in writing, whether the person may be exempted because of a requirement to
40 remain during an emergency. Any person claiming exemption under this provision shall submit
41 of an affidavit of qualification and faithfully certify their status with the onsite property
42 management.
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1 (4) The covenants shall require rental agreements which contain a separate disclosure requiring
2 rental occupants to acknowledge the existing restrictive covenant on the unit requiring
3 evacuation in Phase 1 of the 48-hour evacuation and that failure to adhere to the Phase 1
4 evacuation requirement could result in severe penalties, including eviction, to the occupant.
5 (5) The covenants shall require onsite property managers and a separate employment disclosure
6 requiring the maintenance of training in evacuation procedures and an acknowledgement that
7 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including
8 termination.
9 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who
10 derive at least 70% of their income as members of the workforce in Monroe County and who meet
11 the affordable housing income categories of the Monroe County Land Development Code.
12 Workforce means individuals or families who are gainfully employed supplying goods and/or
13 services to Monroe County residents or visitors.
14 (e) Workforce housing early evacuation units shall require onsite property management with property
15 managers trained in evacuation procedures and required to manage the evacuation of tenants in
16 Phase I of an evacuation. During traditional working hours, the property manager must be at an
17 office within the workforce housing early evacuation unit development subject property. Outside
18 the traditional working hours, the property manager must be available at all times to respond to
19 evacuation orders.
20 (f) The property management entity for the workforce housing early evacuation units shall be required
21 to annually verify the employment and income eligibility of tenants; report the total units on the
22 site, the occupancy rates of units, and tenant compliance with the requirement to evacuate the units
23 in Phase I of an evacuation, including the number of occupants that are exempt from the evacuation
24 requirements. The property management entity must submit a report to the Planning and
25 Environmental Resources Department by May 1 of each year. Further, each lease and this annual
26 report shall be kept by the property manager and be available for inspection by the County during
27 traditional working hours.
28 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III.
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 (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure
32 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted
33 LOS,paved roads, etc.).
34 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable
35 federal standards for accessibility for persons with disabilities (ADA Compliance).
36 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit
37 allocations shall incorporate sustainable and resilient design principles into the overall site design
38 and be accessible to employment centers in Key West, Stock Island and Marathon.
39
40 Corresponding/implementing Monroe County Land Development Code Section 138-24(e) states
41 the following:
42
43 Workforce Initiative Allocation awards, eligibility and requirements.
44
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5128
1 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation
2 category to award 300 workforce housing early evacuation unit building permit allocations
3 pursuant to the Workforce-Affordable Housing Initiative (workforce initiative). The Workforce-
4 Affordable Housing Initiative will require dwelling units constructed and/or deed restricted with
5 workforce housing early evacuation building permit allocations to evacuate occupants in Phase
§ 1 of the 48-hour evacuation of a pending major hurricane.
8 (2) Dwelling units developed and/or deed restricted utilizing the workforce initiative allocations are
9 subject to the following:
10 a. Requests for workforce housing early evacuation unit allocations shall be available
11 only for a 1 for 1 exchange for affordable allocations/exemptions and require a
12 reservation via BOCC resolution. The BOCC may, at its discretion, place conditions on
13 any reservation as it deems appropriate. The BOCC may, at its discretion, exchange
14 existing reserved affordable allocations for allocations under the workforce initiative to
15 private development and nonprofit sector partners willing to meet the requirements of the
16 workforce housing early evacuation unit allocations. Further, the BOCC may, at its
17 discretion, approve the exchange of existing deed-restricted affordable housing units
18 (lawful affordable exemptions) at existing multifamily residential developments for
19 allocations under the workforce initiative to private development and nonprofit sector
20 partners willing to meet the requirements of the workforce housing early evacuation unit
21 allocations.
22 1. The affordable allocations returned to the county in exchange for
23 workforce housing early evacuation unit allocations shall be banked
24 and used for future administrative relief, beneficial use
25 determinations and to resolve inverse condemnation cases and Bert J.
26 Harris, Jr. Private Property Rights Protection Act cases.
27 2. To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the
28 affordable allocations returned to the county shall be maintained as
29 affordable allocations and shall also be returned to the original affordable
30 housing income category (very low/low/median income vs. moderate
31 income pool).
32 3. The workforce housing early evacuation unit allocations must be utilized
33 based on the original approved affordable housing income category or a
34 lesser income category.
35 4. Administrative relief means actions taken by the county granting the
36 owner of real property relief from the continued application of the Rate of
37 Growth Ordinance (ROGO) restrictions provided they meet the criteria
38 established in the Comprehensive Plan and Land Development Code.
39 5. Beneficial use means the use of property that allows an owner to derive a
40 benefit or profit in the exercise of a basic property right. For the purpose
41 of this policy, beneficial use shall mean the minimum use of the property
42 necessary to avoid the finding of a regulatory taking under current land
43 use case law.
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5129
I b. The construction of dwelling units, the redevelopment or the deed restriction of existing
2 dwelling units utilizing workforce housing early evacuation unit allocations shall require
3 approval of a resolution approving a contract between the BOCC and the applicant to
4 officially exchange the allocations and confirm compliance with the requirements
5 workforce initiative.
6 c. All workforce housing early evacuation units require a deed-restriction ensuring:
7 1. Before any building permit may be issued for any structure, portion or
8 phase of a project subj ect to the workforce initiative, a restrictive covenant
9 shall be approved by the Planning Director and County Attorney and
10 recorded in the office of the Clerk of the County to ensure compliance
11 with the provision of this section running in favor of the county and
12 enforceable by the county and, if applicable, a participating municipality.
13 The following requirements shall apply to these restrictive covenants:
14 i. The covenants for any workforce housing early evacuation units
15 shall be effective for 99 years.
16 ii. The covenants shall not commence running until a certificate of
17 occupancy has been issued by the Building Official for the
18 dwelling unit or dwelling units to which the covenant or covenants
19 apply.
20 iii. For existing dwelling units that are deed-restricted as workforce
21 housing early evacuation units, the covenants shall commence
22 running upon recordation in the official records of Monroe
23 County.
24 2. The covenants shall require that the workforce housing early evacuation
25 units to be restricted to rental occupancy for those who derive at Least 70%
26 of their income as members of the workforce in Monroe County and who
27 meet the affordable housing income categories of the Monroe County
28 Land Development Code. The occupants are required to annually verify
29 their employment and income eligibility.
30 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-
31 hour evacuation of a pending major hurricane. Persons living in the
32 workforce housing early evacuation units who may be exempted from
33 evacuation requirements are limited to law enforcement, correctional and
34 fire personnel, health care personnel, and public employees with
35 emergency management responsibilities. If there is an occupant that
36 indicates their employment is considered a "first-responder position" and
37 not included in the list of exemptions above, then the Planning Director
38 shall determine, in writing, whether the person may be exempted because
39 of a requirement to remain during an emergency. Any person claiming
40 exemption under this provision shall submit an affidavit of qualification
41 and faithfully certify their status with the onsite property management.
42 4. The covenants shall require rental agreements which contain a separate
43 disclosure requiring rental occupants to acknowledge the existing
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5130
I restrictive covenant on the unit requiring evacuation in Phase 1 of the 48-
2 hour evacuation and that failure to adhere to the Phase 1 evacuation
3 requirement could result in severe penalties, including eviction, to the
4 occupant.
5 5. The covenants shall require onsite property managers and a separate
6 employment disclosure requiring the maintenance of training in
7 evacuation procedures and an acknowledgement that failure to adhere to
8 the Phase 1 evacuation requirement could result in severe penalties,
9 including termination.
10 d. Workforce housing early evacuation units shall be restricted to rental occupancy for those
11 who derive at least 70% of their income as members of the workforce in Monroe County
12 and who meet the affordable housing income categories of the Monroe County Land
13 Development Code. Workforce means individuals or families who are gainfully
14 employed supplying goods and/or services to Monroe County residents or visitors.
15 e. Workforce housing early evacuation units shall require onsite property management with
16 property managers trained in evacuation procedures and required to manage the
17 evacuation of tenants in Phase I of an evacuation. During traditional working hours, the
18 property manager must be at an office within the workforce housing early evacuation unit
19 development subject property. Outside the traditional working hours, the property
20 manager must be available at all times to respond to evacuation orders.
21 f. The property management entity for the workforce housing early evacuation units shall
22 be required to annually verify the employment and income eligibility of tenants; report
23 the total units on the site, the occupancy rates of units, and tenant compliance with the
24 requirement to evacuate the units in Phase 1 of an evacuation, including the number of
25 occupants that are exempt from the evacuation requirements. The property management
26 entity must submit a report to the Planning and Environmental Resources Department by
27 May 1 of each year. Further,each lease and this annual report shall be kept by the property
28 manager and be available for inspection by the county during traditional working hours.
29 g. Workforce housing early evacuation units shall be located within an area designated as
30 Tier III.
31 h. Workforce housing early evacuation units shall not be located in the V-zone or within a
32 Coastal Barrier Resource System (CBRS).
33 i. Workforce housing early evacuation units shall be located on a property which has all
34 infrastructure available (potable water, adequate wastewater treatment and disposal
35 wastewater meeting adopted LOS,paved roads, etc.).
36 j. All workforce housing early evacuation units must demonstrate compliance with all
37 applicable federal standards for accessibility for persons with disabilities (ADA
38 compliance).
39 k. To the greatest extent practicable, a development utilizing workforce housing early
40 evacuation unit allocations shall incorporate sustainable and resilient design principles
41 into the overall site design and be accessible to employment centers in Key West, Stock
42 Island and Marathon.
43
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5131
1
2
3 Prioritization of Affordable Housinz
4
5 Planning&Environmental Resources Department professional staff agree with the Applicants' assertion
6 that housing stock in Monroe County offers inadequate affordable housing; this is true and accurate and
7 is an issue in Monroe County.
8
9 In 2015, the BOCC acknowledged the County's workforce housing issues and adopted Resolution No.
10 189-2015 assigning additional duties to the Affordable Housing Advisory Committee(the"committee"),
11 in particular directing the committee to make recommendations for steps which may be taken to address
12 the need for making more workforce housing available in the County. The committee presented its
13 recommendations to the BOCC at the BOCC's regular meeting that was held on August 17th, 2016. The
14 BOCC then held a special BOCC meeting on December 6th, 2016, to discuss the recommendations, and
15 provided direction to staff to move forward on several measures to encourage and incentivize the
16 provision of affordable/workforce housing within Monroe County.
17
18 Additionally, significant affordable employee housing stock was lost following Hurricane Irma (which
19 occurred on September 10th 2017).
20
21 In 2022,the ALICE Report("Asset Limited, Income Constrained, Employed" i.e., earning more than
22 the Federal Poverty Level, but not enough to afford the basics where they live) was updated. It concurs
23 that housing stock in Monroe County offers inadequate affordable housing.
24
ALICE IN MONROE COUNTY
ALIGIE is an acrcnyirn for Asset Ummited, Income Constrained, Employed —households that earn rncre than
the IFederal Poverty Level, but less than the basic cast of hiving for the counity. 'chile conditions heave
improved for scrne households,mmainiy continue to struggle, especiially as wages fain to keep(Dace with the
rising cast of household essentials(housing,child care,food,trairnsportation�, health care,,and a basic
sinnartphoine plan). IHcu.usehiolds(below the ALIKE Threshold's — 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 69„303)
Labor Force Participation Rate. 62%(state average.601%)
ALICE Households: 33% (state average 339/'6) Households in Poverty: 10%(state average 13%)
19of39
5132
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 39
5133
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 39
5134
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 r 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 39
5135
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."'
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. It is apparent that Monroe County's acceptance of the 300 workforce housing early
14 evacuation units through the establishment of the Workforce Initiative was intended to result in a net
15 zero increase of ROGO Allocations in Unincorporated Monroe County except for those to be banked
16 into the County's Administrative relief pool to be used at a later time to reduce takings liability. As
17 proposed, the amendment would result in a net decrease of 86 ROGO Allocations from the County's
18 Administrative Relief Pool and inversely, a net increase of 86 dwelling units in immediate development
19 potential. The Applicants have not proposed offering back any offsetting takings and Bert Harris
20 Act liability mitigation measures—i.e.,providing any affordable housing ROGO allocations back
21 to the County for banking into the County's Administrative Relief pool —that would mitigate the
22 increase of 86 dwelling units within Unincorporated Monroe County. As of this professional staff
23 report's date, none of the 300 workforce housing early evacuation unit building permit allocations have
24 been exchanged, and, therefore, no affordable allocations have been added to the Administrative Relief
25 Pool to resolve takings and Harris Act claims pursuant to this policy.
26
27 Through this amendment,the Property which is included within the boundaries of the proposed Subarea
28 would be exempt from the requirements of Comprehensive Plan Policy 101.3.12(a) and LDC Section
29 138-24(e)(2)(a) through the Applicants' proposal to use the word `Notwithstanding'.
30
31 If adopted as proposed, all units within the proposed Tavernier Workforce Housing Subarea 1
32 would still be required to comply with the remaining requirements of Comprehensive Plan Policy
33 101.3.12(b) through 0), as follows:
35 ...
36
37 (b) The construction of dwelling units, the redevelopment or the deed restriction of existing dwelling
38 units utilizing workforce housing early evacuation unit allocations shall require approval of a
39 resolution approving a contract between the BOCC and the applicant to officially exchange the
40 allocations and confirm compliance with the requirements workforce initiative.
41
42 (c) All workforce housing early evacuation units require a deed-restriction ensuring:
43 (1) Before any building permit may be issued for any structure,portion or phase of a project subject
44 to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and
45 County Attorney and recorded in the Office of the Clerk of the County to ensure compliance with
s See Planning and Environmental Resources Department Senior Planning Policy Advisor Mayte Santamaria's PowerPoint
Presentation accompanying/associated with BOCC Agenda Item No. S 1. for the Monroe County Board of County
Commissioners' April 21,2021,public BOCC meeting.
23 of 39
5136
I the provision of this section running in favor of the County and enforceable by the County and,
2 if applicable, a participating municipality. The following requirements shall apply to these
3 restrictive covenants:
4 a. The covenants for any workforce housing early evacuation units shall be effective for 99
5 years.
6 b. The covenants shall not commence running until a certificate of occupancy has been
7 issued by the Building Official for the dwelling unit or dwelling units to which the
8 covenant or covenants apply.
9 c. For existing dwelling units that are deed-restricted as workforce housing early evacuation
10 units, the covenants shall commence running upon recordation in the Official Records of
11 Monroe County.
12 (2) The covenants shall require that the workforce housing early evacuation units to be restricted to
13 rental occupancy for those who derive at least 70% of their income as members of the workforce
14 in Monroe County and who meet the affordable housing income categories of the Monroe County
15 Land Development Code. The occupants are required to annually verify their employment and
16 income eligibility.
17 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a pending
18 major hurricane. Persons living in the workforce housing early evacuation units who may be
19 exempted from evacuation requirements are limited to law enforcement, correctional and fire
20 personnel, health care personnel, and public employees with emergency management
21 responsibilities. If there is an occupant that indicates their employment is considered a 'first-
22 responder position' and not included in the list of exemptions above, then the Planning Director
23 shall determine, in writing, whether the person may be exempted because of a requirement to
24 remain during an emergency. Any person claiming exemption under this provision shall submit
25 of an affidavit of qualification and faithfully certify their status with the onsite property
26 management.
27 (4) The covenants shall require rental agreements which contain a separate disclosure requiring
28 rental occupants to acknowledge the existing restrictive covenant on the unit requiring
29 evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the Phase 1 evacuation
30 requirement could result in severe penalties, including eviction, to the occupant.
31 (5) The covenants shall require onsite property managers and a separate employment disclosure
32 requiring the maintenance of training in evacuation procedures and an acknowledgement that
33 failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including
34 termination.
35
36 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who derive
37 at least 70% of their income as members of the workforce in Monroe County and who meet the
38 affordable housing income categories of the Monroe County Land Development Code. Workforce
39 means individuals or families who are gainfully employed supplying goods and/or services to Monroe
40 County residents or visitors.
41
42 (e) Workforce housing early evacuation units shall require onsite property management with property
43 managers trained in evacuation procedures and required to manage the evacuation of tenants in Phase
24 of 39
5137
I I of an evacuation. During traditional working hours,the property manager must be at an office within
2 the workforce housing early evacuation unit development subject property. Outside the traditional
3 working hours, the property manager must be available at all times to respond to evacuation orders.
4
5 (f) The property management entity for the workforce housing early evacuation units shall be required
6 to annually verify the employment and income eligibility of tenants; report the total units on the site,
7 the occupancy rates of units, and tenant compliance with the requirement to evacuate the units in
8 Phase I of an evacuation, including the number of occupants that are exempt from the evacuation
9 requirements. The property management entity must submit a report to the Planning and
10 Environmental Resources Department by May 1 of each year. Further, each lease and this annual
11 report shall be kept by the property manager and be available for inspection by the County during
12 traditional working hours.
13
14 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III.
15
16 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal
17 Barrier Resource System (CBRS).
18
19 (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure
20 available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted
21 LOS,paved roads, etc.).
22
23 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable federal
24 standards for accessibility for persons with disabilities (ADA Compliance).
25
26 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation unit
27 allocations shall incorporate sustainable and resilient design principles into the overall site design and
28 be accessible to employment centers in Key West, Stock Island and Marathon.
29
30 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
31 MONROE COUNTY LAND DEVELOPMENT CODE, THE PRINCIPLES FOR
32 GUIDING DEVELOPMENT,AND PART II, CHAPTER 163,FLORIDA STATUTES:
33
34 A. The Proposed Amendment with Staff-Recommended Edits Is Consistent with the Following
35 Goals, Objectives and Policies of the Monroe County Comprehensive Plan:
36
37 Policy 101.2.2
38 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and
39 Division of Emergency Management to update the variables and assumptions for the evacuation
40 clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical
41 State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed
42 hurricane evacuation clearance time modeling by the State Land Planning Agency, which
43 incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 =
44 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023,
25 of 39
5138
I while maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate of
2 annual allocations for market rate development to extend the allocation timeframe to 2026 without
3 exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate the annual
4 ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time
5 requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency
6 and Division of Emergency Management; and 3) a new or revised memorandum of understanding
7 with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada,
8 Key West, Key Colony Beach and Layton (see Policy 101.2.1).
9
10 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe
11 County shall establish a new allocation category to accept and award 300 workforce housing early
12 evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative
13 (Policy 101.3.12 Workforce Initiative). These allocations are in addition to the maximum allocations
14 identified in F.A.C. Rules 28-20, and shall be required to evacuate in Phase 1 of the 48-hour
15 evacuation of a pending major hurricane.
16 Policy 101.2.4
17 In the event of a pending major hurricane (Category 35) Monroe County shall implement the
18 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane
19 evacuation clearance time for the resident population.
20
21 i. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
22 residents,visitors,recreational vehicles (RVs),travel trailers, live-aboard vessels (transient and non-
23 transient), military personnel, units approved, and deed restricted as workforce housing early
24 evacuation units from the Florida Keys shall be initiated. State parks and campgrounds should be
25 closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly
26 limited.
27 ii. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile
28 home residents, special needs residents, and hospital and nursing home patients from the Keys shall
29 be initiated.
30 iii. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of
31 permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation
32 zones are as follows:
33 1. Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
34 2. Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
35 3. Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
36 4. Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-106.5 and
37 MM 1-9.5 of CR 905)
38 5. Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
39 The actual sequence of the evacuation by zones will vary depending on the individual storm. The
40 concepts embodied in this staged evacuation procedures should be embodied in the appropriate
41 County operational Emergency Management Plans.
42
43 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,decreases
44 and or shifts in population;particularly the resident and non-resident populations.
45
26 of 39
5139
I For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
2 allocations to more than 197 residential units a year, except for affordable housing. Any increase in
3 the number of allocations shall be for affordable housing. Monroe County hereby accepts 300
4 workforce (affordable) housing early evacuation unit building permit allocations pursuant to the
5 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) authorized by the
6 Florida Administration Commission and the Florida Department Economic Opportunity. These
7 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C., shall be
8 restricted to rental occupancy for those who derive at least 70% of their income as members of the
9 workforce in Monroe County and who meet the affordable housing income categories of the Monroe
10 County Land Development Code. The allocations shall be required to evacuate in Phase 1 of the 48-
11 hour evacuation of a pending major hurricane. No new additional residential dwelling unit
12 allocations shall be authorized within the Phase 1 of the 48-hour evacuation unless approved and
13 provided by the Florida Administration Commission and the Florida Department Economic
14 Opportunity after review of hurricane evacuation modeling results by the State Land Planning
15 Agency and the Division of Emergency Management of available evacuation capacity and a review
16 of the level of service and available capacity for all public facilities.
17
18 Policy 101.3.10
19 Notwithstanding any other provision of the Plan, except the last sentence of this Policy 101.3.10,
20 building allocations utilized for affordable housing projects may be pooled and transferred between
21 ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea, and between local
22 government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any
23 such transfer of affordable housing allocations between local government jurisdictions must be
24 accomplished through an interlocal agreement between the sending and receiving local
25 governments. Interlocal agreements that involve assigning the County's affordable housing (not
26 including affordable housing allocations banked for takings cases) allocations to existing dwelling
27 units within a municipality with a requirement that the associated market rate ROGO/BPAS
28 exemptions be transferred into the unincorporated County as an exchange for the affordable
29 housing allocations transferred to the municipality, shall be accomplished through a minor
30 conditional use permit approval and shall be subject to the receiver site criteria in Policy 101.6.8
31 and may be transferred to any subarea within the unincorporated County. In no event shall the
32 County (1)pool and transfer workforce housing early evacuation unit allocations between ROGO
33 sub-areas, (2)transfer workforce housing early evacuation unit allocations to another government
34 jurisdiction, (3)receive workforce housing early evacuation unit building allocations from another
35 government jurisdiction, or (4) transfer affordable housing ROGO allocations received by the
36 County in exchange for workforce housing early evacuation unit allocations to another government
37 jurisdiction.
38
39 Policy 101.3.11
40 Monroe County may receive additional building permit allocations pursuant to the 2012 completed
41 hurricane evacuation clearance time modeling and allocation recommendations by the State Land
42 Planning Agency and the Administration Commission's direction that the City of Key West transfer
43 annually (by July 15th) any remaining unused allocations for that year to the other Florida Keys'
44 local governments based upon the local governments' ratio of vacant land. Any transferred
45 allocations from the City of Key West to Monroe County shall be made available for
46 Administrative Relief. Monroe County may receive, and award 300 building permit allocations
47 designated as workforce housing early evacuation units pursuant to the Workforce-Affordable
48 Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida
49 Administration Commission and the Florida Department Economic Opportunity. These allocations
27 of 39
5140
I that are in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
2 required to evacuate in Phase 1 of the 48-hour evacuation of a pending major hurricane.
3
4 Goal 601
5 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
6 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
7 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
8 163.3177(6)(f)l., 3.]
9
10 Policy 601.1.1
11 Monroe County shall maintain land development regulations, in conjunction with the Permit
12 Allocation System, for apportioning future affordable housing development.
13
14 Policy 601.1.8
15 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established
16 by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units,
17 as specified in Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the
18 criteria established in the Land Development Code. Monroe County may award 300 additional
19 building permit allocations designated as workforce housing early evacuation units pursuant to the
20 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
21 Florida Administration Commission and the Florida Department Economic Opportunity. These
22 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C., are
23 restricted to rental occupancy for those who derive at least 70% of their income as members of the
24 workforce in Monroe County and who meet the affordable housing income categories of the Monroe
25 County Land Development Code, and shall be required to evacuate in Phase 1 of the 48-hour
26 evacuation of a pending major hurricane.
27
28 Policy 601.1.9
29 Monroe County shall maintain land development regulations which may include density bonuses,
30 impact fee waiver programs, and other possible regulations to encourage affordable housing.
31
32 Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan
33 The Property is subject to the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master
34 Plan. In accordance with Comprehensive Plan Policy 101.19.2, the Community Master Plans shall
35 be incorporated into the 2030 Comprehensive Plan as a part of the plan and be implemented as part
36 of the Comprehensive Plan.
37
38 The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11,
39 2005 and adopted by the Board of County Commissioners on February 16, 2005 through Ordinance
40 002-2005 is incorporated by reference into the Comprehensive Plan. The term Strategies in the
41 Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item
42 is equivalent to the term Policy;the meanings and requirements for implementation are synonymous.
43
44 Goal One
45 Direct future growth to lands that are most suitable for development, prevent sprawl into less
46 developed Areas and encourage preservation of environmentally sensitive lands.
47 Strategy 1.3
48 Review and evaluate the land use designation of lawfully established non-conforming land uses and
49 structures within the planning area to determine appropriate designation.
28 of 39
5141
1
2 Action Item 3.1.1: Designate a "Community Center" from MM 91 to Burton Dr. pursuant to
3 Policy 105.2.15 where Tier III infill and incentives for redevelopment will be encouraged.
4
5 Goal Five
6 Maintain the availability of housing that is affordable for local residents and the workforce while
7 preserving the character of the community.
8
9 Strategy 5.1 Promote employee housing above and in conjunction with commercial buildings in the
10 Community Center Overlay district, as this planning area has capacity to add some employee-
II housing units based on the commercial floor area ratio of the different commercial parcels.
12
13 Action Item 5.1.1: Work with businesses in the area when they are ready to develop and redevelop
14 to identify if the site could also be used to provide employee housing and explain the county
15 incentives for providing affordable employee housing.
16
17 Strategy 5.2 Encourage the development and redevelopment of commercial and mixed-use zoned
18 land for employee housing.
19
20 B. The Proposed Amendment Is Not Inconsistent with the Following Monroe County
21 Comprehensive Plan Policy/Provision Based on the Board Policy Direction Given to
22 Planning and Environmental Resources Professional Staff on September 11, 2024:
23
24 Monroe County Comprehensive Plan Policy 101.3.12:
25
26 Workforce Initiative. To support Monroe County's workforce by alleviating constraints on
27 affordable housing, to protect private property rights and address potential liability, the County is
28 participating in the Workforce-Affordable Housing Initiative (Workforce Initiative), as approved
29 during the June 13, 2018 meeting of the Florida Administration Commission. Monroe County
30 accepts the 300 workforce housing early evacuation building permit allocations pursuant to the
31 Workforce-Affordable Housing Initiative authorized by the Florida Administration Commission and
32 the Florida Department Economic Opportunity. The Workforce-Affordable Housing Initiative will
33 require dwelling units constructed and/or deed restricted with workforce housing early evacuation
34 building permit allocations to evacuate occupants in Phase 1 of the 48-hour evacuation of a pending
35 major hurricane,pursuant to the criteria below.
36
37 To participate in the Workforce Initiative, Monroe County shall be responsible for the management,
38 distribution, and enforcement of requirements associated with the workforce housing early
39 evacuation building permit allocations. Monroe County shall ensure adherence to these requirements
40 through implementation of this policy and shall annually provide to the Florida Department
41 Economic Opportunity a report indicating the number of workforce housing early evacuation units
42 built and/or deed restricted, occupancy rates, and compliance with the requirement to evacuate the
43 units in Phase I of an evacuation. The annual report shall be provided to the State in a timely manner
44 such that the State may include the information in the required Annual Report to the Governor and
45 Cabinet on the County's progress toward completion of its Work Program pursuant to Rule 28-20,
46 F.A.C.
47
48 Dwelling units developed and/or deed restricted utilizing the workforce housing early evacuation
49 unit allocations are subject to the following:
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1
2 (a) Requests for workforce housing early evacuation unit allocations shall be available only for
3 a 1 for 1 exchange for affordable allocations/exemptions and require a reservation via BOCC
4 resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems
5 appropriate. The BOCC may, at its discretion, exchange existing reserved affordable allocations
6 for allocations under the Workforce Initiative to private development and nonprofit sector
7 partners willing to meet the requirements of the workforce housing early evacuation unit
8 allocations. Further, the BOCC may, at its discretion, approve the exchange of existing deed-
9 restricted affordable housing units (lawful affordable exemptions) at existing multifamily
10 residential developments for allocations under the Workforce Initiative to private development
11 and nonprofit sector partners willing to meet the requirements of the workforce housing early
12 evacuation unit allocations.
13 (1) The affordable allocations returned to the County in exchange for workforce
14 housing early evacuation unit allocations shall be banked and used for future
15 administrative relief, beneficial use determinations and to resolve inverse
16 condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
17 cases.
18 (2) To maintain consistency with Rule 28-20.140(2)(b), F.A.C., the affordable allocations
19 returned to the County shall be maintained as affordable allocations and shall also be
20 returned to the original affordable housing category (very low/low/median income vs.
21 moderate income pool).
22 (3) The workforce housing early evacuation unit allocations must be utilized based on the
23 original approved affordable housing income category or a lesser income category.
24 (4) Administrative relief means actions taken by the County granting the owner of real
25 property relief from the continued application of the Rate of Growth Ordinance (ROGO)
26 restrictions provided they meet the criteria established in the Comprehensive Plan and
27 Land Development Code.
28 (5) Beneficial use means the use of property that allows an owner to derive a benefit or profit
29 in the exercise of a basic property right. For the purpose of this policy, beneficial use
30 shall mean the minimum use of the property necessary to avoid the finding of a regulatory
31 taking under current land use case law.
32 (b) The construction of dwelling units,the redevelopment or the deed restriction of existing dwelling
33 units utilizing workforce housing early evacuation unit allocations shall require approval of a
34 resolution approving a contract between the BOCC and the applicant to officially exchange the
35 allocations and confirm compliance with the requirements Workforce Initiative within this
36 Policy.
37 (c) All workforce housing early evacuation units require a deed-restriction ensuring:
38 (1) Before any building permit may be issued for any structure,portion or phase of a project
39 subject to the Workforce Initiative, a restrictive covenant shall be approved by the
40 Planning Director and County Attorney and recorded in the Office of the Clerk of the
41 County to ensure compliance with the provision of this section running in favor of the
42 County and enforceable by the County and, if applicable, a participating municipality.
43 The following requirements shall apply to these restrictive covenants:
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5143
I a. The covenants for any workforce housing early evacuation units shall be effective
2 for 99 years.
3 b. The covenants shall not commence running until a certificate of occupancy has been
4 issued by the Building Official for the dwelling unit or dwelling units to which the
5 covenant or covenants apply.
6 c. For existing dwelling units that are deed-restricted as workforce housing early
7 evacuation units, the covenants shall commence running upon recordation in the
8 Official Records of Monroe County.
9 (2) The covenants shall require that the workforce housing early evacuation units to be
10 restricted to rental occupancy for those who derive at least 70% of their income as
11 members of the workforce in Monroe County and who meet the affordable housing
12 income categories of the Monroe County Land Development Code. The occupants are
13 required to annually verify their employment and income eligibility.
14 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hour evacuation
15 of a pending major hurricane. Persons living in the workforce housing early evacuation
16 units who may be exempted from evacuation requirements are limited to law
17 enforcement,correctional and fire personnel,health care personnel,and public employees
18 with emergency management responsibilities. If there is an occupant that indicates their
19 employment is considered a 'first-responder position' and not included in the list of
20 exemptions above, then the Planning Director shall determine, in writing, whether the
21 person may be exempted because of a requirement to remain during an emergency. Any
22 person claiming exemption under this provision shall submit of an affidavit of
23 qualification and faithfully certify their status with the onsite property management.
24 (4) The covenants shall require rental agreements which contain a separate disclosure
25 requiring rental occupants to acknowledge the existing restrictive covenant on the unit
26 requiring evacuation in Phase 1 of the 48-hour evacuation and that failure to adhere to
27 the Phase 1 evacuation requirement could result in severe penalties, including eviction,
28 to the occupant.
29 (5) The covenants shall require onsite property managers and a separate employment
30 disclosure requiring the maintenance of training in evacuation procedures and an
31 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
32 result in severe penalties, including termination.
33 (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who
34 derive at least 70% of their income as members of the workforce in Monroe County and who
35 meet the affordable housing income categories of the Monroe County Land Development Code.
36 Workforce means individuals or families who are gainfully employed supplying goods and/or
37 services to Monroe County residents or visitors.
38 (e) Workforce housing early evacuation units shall require onsite property management with
39 property managers trained in evacuation procedures and required to manage the evacuation of
40 tenants in Phase I of an evacuation. During traditional working hours,the property manager must
41 be at an office within the workforce housing early evacuation unit development subject property.
42 Outside the traditional working hours, the property manager must be available at all times to
43 respond to evacuation orders.
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I (f) The property management entity for the workforce housing early evacuation units shall be
2 required to annually verify the employment and income eligibility of tenants; report the total
3 units on the site, the occupancy rates of units, and tenant compliance with the requirement to
4 evacuate the units in Phase I of an evacuation, including the number of occupants that are exempt
5 from the evacuation requirements. The property management entity must submit a report to the
6 Planning and Environmental Resources Department by May 1 of each year. Further, each lease
7 and this annual report shall be kept by the property manager and be available for inspection by
8 the County during traditional working hours.
9 (g) Workforce housing early evacuation units shall be located within an area designated as Tier III.
10 (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal
11 Barrier Resource System (CBRS).
12 (i) Workforce housing early evacuation units shall be located on a property which has all
13 infrastructure available (potable water, adequate wastewater treatment and disposal wastewater
14 meeting adopted LOS,paved roads, etc.).
15 (j) All workforce housing early evacuation units must demonstrate compliance with all applicable
16 federal standards for accessibility for persons with disabilities (ADA Compliance).
17 (k) To the greatest extent practicable, a development utilizing workforce housing early evacuation
18 unit allocations shall incorporate sustainable and resilient design principles into the overall site
19 design and be accessible to employment centers in Key West, Stock Island and Marathon.
20
21 C. The Proposed Amendment (with staff-recommended edits) Is Not Inconsistent with
22 Monroe County Land Development Code Sections 138-24(e)(2)(a.) and 138-24(e)(2)(k.)
23 Based on the Board Policy Direction Given to Planning and Environmental Resources
24 Professional Staff on September 11, 2024:
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
32 of 39
5145
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.
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5146
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.
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5147
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 D. The Proposed Amendment (with staff-recommended edits) Is Not Inconsistent with the
31 Principles for Guiding Development for the Florida Keys Area, Section 380.0552, Florida
32 Statutes:
33
34 The Principles for Guiding Development state the following:
� l INCIP ES FOR GUONGDEVELOPMENT., State, regional, and local agenries and units of
government mm � ��.I all'
rn ter p"lrn� i° "�area coordinate their piano and conduct their programs and
regulatory activities consistenit with the principles for guiding de eLopir^nent as specified in chapter,
27F-8, FtoridaAdministrative Code, as amended effective August 23, 11984, which is adopted and
incorporated herein by reference. For the
�u<aWWWWWWWWWWWWWWWWWgWuWWWI rN oWWWWsWWWeWWWW WWNIVWWafreviewing the consistency
f the adW�ted
NNNWmN � WWN� WWWE
flan, r any amendments, to that Plain, with itlh the rirn i le for r NNN�idin development, and any
,Plan,
mNNNN���NNNNNNNNNNNNNNnnmImI�NNNNNnannlmlmNNNNNNNNNNNNNNNNNnnImNN NNNN���NNNNNNNNN���NNNNNNNNNNmNNNNNNm NmNNNNNNNNNNNm NNNNNNNNmmmnm�mmm�mn�mn mNNNmmNNNNN NNNNNNNNNNNNNm�
amendments to the principles„ the rind Iles rhal de c n truned a wvh le and - ecific rovisii rns
rna not be construed nr a lied in isolation from the ntheLpr i�i ans.
MV V�mmV�mmV�mmuWUIIIVV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmV�mmNEENNE
[A]ny plan amendments must be consistent with the following principles:
35 of 39
5148
I (a) Strengthening local government capabilities for managing land use and development so that local
2 government is able to achieve these objectives without continuing the area of critical state concern
3 designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
5 beds,wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
7 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and
8 their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
10 development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
12 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and
13 ensuring that development is compatible with the unique historic character of the Florida Keys.
14 (g) Protecting the historical heritage of the Florida Keys.
15 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
19 public investments,including:
18 1. The Florida Keys Aqueduct and water supply facilities;
19 2. Sewage collection, treatment, and disposal facilities;
20 3. Solid waste treatment, collection, and disposal facilities;
21 4. Key West Naval Air Station and other military facilities;
22 5. Transportation facilities;
23 6. Federal parks,wildlife refuges, and marine sanctuaries;
24 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
25 8. City electric service and the Florida Keys Electric Co-op; and
39 9. Other utilities, as appropriate.
28 (1) Protecting and improving water quality by providing for the construction, operation, maintenance,
29 and replacement of stormwater management facilities; central sewage collection; treatment and
30 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
31 treatment and disposal systems.
32 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
33 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
34 as applicable, and by directing growth to areas served by central wastewater treatment facilities
35 through permit allocation systems.
36 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
37 Keys.
38 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
39 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
40 or manmade disaster and for a post disaster reconstruction plan.
41 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
42 the Florida Keys as a unique Florida resource.
43
44 The proposed amendment is not inconsistent with the Principles for Guiding Development as a
45 whole.
46
47 E. The Proposed Amendment (with staff-recommended edits) Is Consistent with Part II,
48 Chapter 163, Florida Statutes, Specifically as Follows:
49
50 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
51 enhance present advantages; encourage the most appropriate use of land, water, and resources,
52 consistent with the public interest; overcome present handicaps; and deal effectively with future
53 problems that may result from the use and development of land within their jurisdictions. Through
54 the process of comprehensive planning, it is intended that units of local government can preserve,
36 of 39
5149
I promote, protect, and improve the public health, safety, comfort, good order, appearance,
2 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
3 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing,
4 and other requirements and services; and conserve, develop, utilize, and protect natural resources
5 within their jurisdictions.
6
7 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status
8 set out in this act and that no public or private development shall be permitted except in conformity
9 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with
10 this act.
11
12 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
13 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
14 development of the area that reflects community commitments to implement the plan and its elements.
15 These principles and strategies shall guide future decisions in a consistent manner and shall contain
16 programs and activities to ensure comprehensive plans are implemented. The sections of the
17 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
18 and policies, shall describe how the local government's programs, activities, and land development
19 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
20 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations
21 in the comprehensive plan but rather to require identification of those programs, activities, and land
22 development regulations that will be part of the strategy for implementing the comprehensive plan
23 and the principles that describe how the programs, activities, and land development regulations will
24 be carried out. The plan shall establish meaningful and predictable standards for the use and
25 development of land and provide meaningful guidelines for the content of more detailed land
26 development and use regulations.
27
28 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in
29 conformity with this act, all development undertaken by, and all actions taken in regard to
30 development orders by, governmental agencies in regard to land covered by such plan or element
31 shall be consistent with such plan or element as adopted.
32
33 (b) All land development regulations enacted or amended shall be consistent with the adopted
34 comprehensive plan, or element or portion thereof, and any land development regulations existing at
35 the time of adoption which are not consistent with the adopted comprehensive plan, or element or
36 portion thereof,shall be amended so as to be consistent.If a local government allows an existing land
37 development regulation which is inconsistent with the most recently adopted comprehensive plan,or
38 element or portion thereof, to remain in effect, the local government shall adopt a schedule for
39 bringing the land development regulation into conformity with the provisions of the most recently
40 adopted comprehensive plan, or element or portion thereof. During the interim period when the
41 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the
42 land development regulations are inconsistent, the provisions of the most recently adopted
43 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an
44 application for a development order.
45
46 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
47 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
48 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
49 development of lands and waters within an area. It is the intent of this act that the adoption and
50 enforcement by a governing body of regulations for the development of land or the adoption and
51 enforcement by a governing body of a land development code for an area shall be based on,be related
52 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
53
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1 163.3202, F.S.—Land development regulations.-
2 (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for
3 review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce
4 land development regulations that are consistent with and implement their adopted comprehensive
5 plan.
6 (5) The state land planning agency shall adopt rules for review and schedules for adoption of land
7 development regulations.
8
9 VIL PROCESS:
10
11 Monroe County Comprehensive Plan amendments may be proposed by the Board of County
12 Commissioners, Planning Commission, the Planning Director, or the owner or other person having a
13 contractual interest in property to be affected by a proposed amendment. The Planning Director shall
14 review and process applications as they are received and pass them onto the Development Review
15 Committee and Planning Commission.
16
17 The Monroe County Planning Commission shall hold at least one (1) public hearing. The Planning
18 Commission shall review the application, the reports and recommendations of the Planning &
19 Environmental Resources Department and the Development Review Committee and the testimony given
20 at the public hearing. The Planning Commission shall submit its recommendations and findings to the
21 Board of County Commissioners. The BOCC holds a public hearing to consider the transmittal of the
22 proposed Comprehensive Plan amendment, and considers the Department's professional staff report,the
23 Department's professional staff recommendation, and the testimony received at the public hearing. The
24 BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is
25 then transmitted to State Land Planning Agency, which then reviews the proposal and issues an
26 Objections, Recommendations and Comments ("ORC") Report. Upon receipt of the ORC Report, the
27 County has 180 days to adopt the amendment, adopt the amendment with changes, or not adopt the
28 amendment.
29
30 VIIL PROFESSIONAL STAFF RECOMMENDATION:
31
32 The Planning & Environmental Resources Department acknowledges that the following is materially
33 relevant:
34
35 • Professional staff agree with the Applicants' assertion that housing stock in Monroe County offers
36 inadequate affordable housing—this is true and accurate and is an issue in Monroe County, and the
37 subject 86 Early Evacuation Unit ROGO Allocations are developable for workforce housing only.
38 • In 2020-21 the unincorporated County had a balance of affordable housing ROGO allocations in
39 excess of those requested for development projects at that time. At this time the unincorporated
40 County has approximately two (2) affordable ROGO allocations remaining, accounting for existing
41 affordable ROGO reservations approved by the BOCC and for building permit applications currently
42 in process.
43 • As of this professional staff report's date, none of the 300 workforce housing early evacuation unit
44 building permit allocations have been exchanged, and,therefore,no affordable allocations have been
45 added to the Administrative Relief Pool to resolve takings and Harris Act claims pursuant to this
46 policy.
47 • At the September 1 lth, 2024 public BOCC hearing, the BOCC directed Planning & Environmental
48 Resources Department professional staff to change course to allow utilization of the subject 86 Early
49 Evacuation Unit ROGO Allocations without the required 1-for-1 takings and Harris Act liability
38 of 39
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I reduction exchange in addition to begin processing Comprehensive Plan and Land Development
2 Code amendments to eliminate the required 1-for-1 takings and Harris Act liability reduction
3 exchange for the remaining 214 Early Evacuation ROGO Allocations.
4
5 Planning and Environmental Resources Department Professional Staff recommend approval of
6 the proposed amendment WITH STAFF-RECOMMENDED EDITS to the Monroe County
7 Comprehensive Plan to establish Goal 113, Objective 113.1, and the site-specific subarea Policy 113.1.1
8 ("Tavernier Workforce Housing Subarea 1").
9
10 IX.ATTACHED AND INCORPORATED EXHIBIT:
11
12 1. Official Monroe County Planning and Environmental Resources Department Memorandum
13 issued on March 15, 2024, to Bart Smith, Esq., of Smith Hawks P.L., authorized agent for and
14 counsel representing the property owner(s) and developer(s).
15 2. Florida Commerce Objections, Recommendations and Comments Report dated November 6,
16 2024
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-n
{r
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2024
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING THE MONROE COUNTY
12 COMPREHENSIVE PLAN TO NEWLY CREATE GOAL 113,
13 OBJECTIVE 113.1, AND SITE SPECIFIC SUB-AREA 1 ("TAVERNIER
14 WORKFORCE HOUSING SUBAREA 1")APPLICABLE TO A PORTION
15 OF PROPERTY LOCATED AT 92501 OVERSEAS HIGHWAY, KEY
16 LARGO,APPROXIMATE MILE MARKER 92.5,CURRENTLY HAVING
17 PROPERTY IDENTIFICATION NUMBER 00089490-000000, WHICH
18 INCLUDES TEXT CHANGES TO THE ADOPTED POLICIES OF
19 MONROE COUNTY'S COMPREHENSIVE PLAN WHICH LIMIT(S)
20 DISPOSITION OF EARLY EVACUATION UNIT BUILDING PERMIT
21 ALLOCATIONS TO A 1-FOR-1 EXCHANGE PROGRAM FOR
22 BANKING INTO MONROE COUNTY'S ADMINISTRATIVE RELIEF
23 POOL FOR INVERSE CONDEMNATION (TAKINGS) AND BERT J.
24 HARRIS ACT LIABILITY REDUCTION COUNTYWIDE, AS
25 REQUESTED BY CEMEX CONSTRUCTION MATERIALS FLORIDA
26 LLC F/K/A SINGLETARY CONCRETE PRODUCTS INC.; PROVIDING
27 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
28 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
29 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
30 PROVIDING FOR AMENDMENT TO THE COMPREHENSIVE PLAN;
31 AND PROVIDING FOR AN EFFECTIVE DATE.'
32
33
34 WHEREAS, on or about September 1", 2023, the Monroe County Planning and Environmental
35 Resources Department ("Planning Department" or the "Department") received an application from
36 Smith-Hawks P.L. (the "Agent") as authorized agent for Singletary Concrete Products Inc. and Cemex
37 Construction Materials Florida LLC ("Applicants" or the"Property Owners")requesting for the Monroe
38 County Board of County Commissioners (`BOCC", "Board", "Monroe County", or the "County") to
39 approve an amendment to the Monroe County Comprehensive Plan to newly create Goal 113, to newly
40 create Objective 113.1, and to newly create the site-specific subarea Policy 113.1.1 ("Tavernier
41 Workforce Housing Subarea I")on a portion of property located at 92501 Overseas Highway, Tavernier,
42 currently having Monroe County Property Appraiser's Office Parcel ID No. 00089490-000000("subject
43 property" or the"Property"). The Planning Department later received amended and restated applications
44 from the Agent on November 21't, 2023, February 28th 2024, May 6th, 2024, and July 31 t, 2024; and
45
46 WHEREAS, on March 13th, 2024, a Concept Meeting was held in accordance with Monroe
47 County Land Development Code ("LDC" or"Code") Sections 102-158(d)(3) and 102-159(b)(1), and it
'Monroe County Planning&Environmental Resources Department File No.2023-205.
1 of 7
5153
I was determined that the proposed text amendment to the Monroe County 2030 Comprehensive Plan
2 ("Monroe County Comprehensive Plan") shall have a County-Wide Impact; and
3
4 WHEREAS, on March 15th, 2024, the Monroe County Planning & Environmental Resources
5 Department issued a written memorandum memorializing the Planning Department's determination that
6 the Property Owners' Comprehensive Plan text amendment application requested for BOCC approval
7 shall have a County-Wide Impact to Bart Smith, Esq., the Agent's counsel representing the Property
8 Owners; and
9
10 WHEREAS,on April 17th 2024, apublic BOCC Impact Meeting was held in which professional
11 staff restated that the Comprehensive Plan text amendment application requested for BOCC approval
12 shall have county-wide impacts and in conformance with LDC Section 102-159(b)(2)the BOCC had the
13 opportunity to offer its initial opinions and the public had the opportunity to offer public input on the
14 requested amendment; and
15
16 WHEREAS, on May 20th, 2024, a Community Meeting was held, as required by LDC Section
17 102-159(b)(3), to discuss this requested Comprehensive Plan text amendment and to provide for public
18 participation; and
19
20 WHEREAS, on July 22nd 2024,the Monroe County Development Review Committee("DRC")
21 reviewed and considered the Applicants' submitted text amendment at a regularly scheduled DRC
22 meeting; and
23
24 WHEREAS,the June 24th 2024-dated Department professional staff memorandum prepared for
25 and associated with the July 22nd 2024-dated DRC meeting, completed by Planning & Development
26 Review Manager Devin Tolpin and Planning Policy Advisor Barbara Powell recommended DENIAL
27 of that proposed amendment to the text of the Comprehensive Plan; and
28
29 WHEREAS, on July 22nd, 2024, the Chair of the DRC signed DRC Resolution No. 05-24,
30 recommending DENIAL of that proposed amendment to the text of the Comprehensive Plan; and
31
32 WHEREAS, on July 31', 2024, the Applicant submitted changed/revised text amendment
33 language to be included within its proposed Comprehensive Plan text amendment; and
34
35 WHEREAS,the August 7th, 2024-dated Department professional staff memorandum completed
36 by Planning & Development Review Manager Devin Tolpin and Planning Policy Advisor Barbara
37 Powell acknowledges that under the current/established policy direction of the Monroe County Board of
38 County Commissioners, professional staff should recommend denial of this requested Comprehensive
39 Plan text amendment, with the proviso that if the Board of County Commissioners gives new direction
40 to Monroe County Planning & Environmental Resources Department professional staff to alter/change
41 course and instead allow utilization of the subject 86 Early Evacuation Unit ROGO Allocations without
42 the required 1-for-1 inverse condemnation (takings) and Bert J. Harris Act liability reduction exchange,
43 the Department professional staff would then recommend approval of this requested Comprehensive
44 Plan text amendment with/including Department professional staff-recommended edits; and
45
46 WHEREAS,the Monroe County Planning Commission("Planning Commission" or"PC")held
47 a public hearing on August 28th, 2024, for review and recommendation of the subject Comprehensive
48 Plan text amendment; and
2of7
5154
I WHEREAS, on August 28 h, 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 inverse condemnation (takings) and Bert J. Harris Act liability reduction
8 exchange, the Planning Commission would then recommend approval of this requested Comprehensive
9 Plan text amendment with/including Department professional-staff recommended edits and elimination
10 of 2aii; and
11
12 WHEREAS, at a regularly scheduled meeting held on September l lth, 2024, the BOCC held a
13 duly noticed public hearing, considered the Department's professional staff report and recommendation
14 accompanying this requested Comprehensive Plan text amendment, and provided for public comment
15 and public participation in accordance with the requirements of state law and the procedures adopted for
16 public participation in the planning process; and
17
18 WHEREAS, at the BOCC's September llth, 2024 public hearing, the Board of County
19 Commissioners directed Planning & Environmental Resources Department professional staff to change
20 course to allow utilization of the subject 86 Early Evacuation Unit ROGO Allocations without the
21 required 1-for-1 inverse condemnation (takings) and Harris Act liability reduction exchange in addition
22 to begin processing Comprehensive Plan and Land Development Code amendments to eliminate the
23 required 1-for-1 takings and Harris Act liability reduction exchange for the remaining 214 Early
24 Evacuation ROGO Allocations; and
25
26 WHEREAS, at the BOCC's September llth, 2024, public hearing, the Board of County
27 Commissioners adopted BOCC Resolution No. 288-2024 transmitting the proposed text amendment to
28 the State Land Planning Agency; and
29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recommendations and Comments ("ORC") report, received by the County on November
32 6th 2024; and
33
34 WHEREAS,the ORC report did not identify any objections to the proposed amendment; and
35
36 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to adopt
37 the text amendment, adopt the text amendment with changes, or not adopt the text amendment; and
38
39 WHEREAS, at a regularly scheduled meeting on December 1 lth, 2024,the BOCC held a public
40 hearing to consider adoption of the Comprehensive Plan text amendment; and
41
42 WHEREAS, based upon the documentation submitted and information provided, the BOCC
43 hereby makes the following findings of fact and conclusions of law:
44
45 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
46 County Year 2030 Comprehensive Plan; and
47 2. The proposed amendment is consistent with the Principles for Guiding Development for the
48 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), Florida Statutes; and
3 of 7
5155
1 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
2
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
4 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
5
6 Section 1. Title, Recitals, and Legislative Intent. The foregoing title and recitals and all of the
7 above determinations of fact and law are true and correct and are hereby adopted and
8 incorporated as if fully stated herein.
9
10 Section 2. Quasi-Legislatively Ordained Monroe County BOCC Determination That Laws,
11 Decisions, Interpretations, and Determinations Issued and/or Approved Pursuant
12 to the Monroe County Land Development Code, Monroe County Comprehensive
13 Plan, Florida Statutes Chapter 163, and/or Florida Statutes Chapter 380, Are Not
14 In Derogation of the Common Law and Shall Not Be Interpreted or Construed by
15 Any Administrative Tribunal or Court of Competent Jurisdiction As In Derogation
16 of the Common Law. The Monroe County BOCC hereby quasi-legislatively finds,
17 concludes, and ordains that laws, decisions, interpretations, and/or determinations issued
18 and/or approved pursuant to the Monroe County Land Development Code, Monroe
19 County Comprehensive Plan, Florida Statutes Chapter 163, and/or Florida Statutes
20 Chapter 380, are not in derogation of the common law, and that laws, decisions,
21 interpretations, and/or determinations issued and/or approved pursuant to the Monroe
22 County Land Development Code, Monroe County Comprehensive Plan, Florida Statutes
23 Chapter 163, and/or Florida Statutes Chapter 380, shall not be interpreted or construed
24 by any administrative tribunal or court of competent jurisdiction as in derogation of the
25 common law.
26
27 Section 3. The text of the Monroe County Comprehensive Plan is hereby amended as follows
28 (Deletions are shown sue; additions are shown underlined):
29
30 *****
31 GOAL 113
32 Monroe County shall manage future growth to enhance the quality of life and safety of County residents
33 and to prioritize the provision of workforce housing that is safe, code compliant, and resilient. To
34 incentivize the suply and address the inadequate availability of workforce housing near Upper Keys
35 employment centers,the County shall provide for the development of site-specific land use mechanisms;
36 and the allocation of workforce housing early evacuation building permit allocations pursuant to the
37 Workforce-Affordable Housing Initiative from Monroe County.
38 Obiective 113.1
39 Monroe County shall create site-specific subareas located in Tavernier which permit the allocation of
40 workforce housing early evacuation building permit allocations pursuant to the Workforce-Affordable
41 Housing Initiative-to facilitate the development of workforce housing in suitable areas located in close
42 proximity to Upper Keys employment centers (Islamorada, Tavernier, and Key Largo). All site-specific
43 subareas located in Tavernier shall require a Policy defining the development restrictions and allowances
44 for the subarea.
4of7
5156
I Policy 113.1.1 Tavernier Workforce Housing Subarea 1
2 The purpose of the Tavernier Workforce Housing Subarea 1 is to implement aplicable goals, objectives,
3 and policies of the Comprehensive Plan to promote and facilitate development of workforce housing to
4 meet the needs of the Upper Keys and Monroe County.
5 1. Boundary. The Tavernier Workforce Housing Subarea 1 shall consist of a portion of property
6 having Parcel Identification Number 00089490-000000, as legally described and depicted on the
7 map below:
8 A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State
9 Road 4-A, and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County,
10 Florida.
IJ
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12 2. Rate of Growth Ordinance Allocations.
13 a. Notwithstanding Comprehensive Plan Policies 101.3.12(a) and 101.3.12(k) and LDC
14 Sections 138-24(e)(2)(a)and 138-24(e)(2)(k),the Tavernier Workforce Housing Subarea
15 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of:
16 i. Award of workforce housing early evacuation building pearly evacuation building permit allocations from
17 Monroe County pursuant to the Workforce-Affordable Housing Initiative,
18 reserved by means of a BOCC resolution. The BOCC may, at its discretion,place
19 conditions on the reservation.
20 ii. Dwelling units that are constructed and/or deed restricted with workforce housing
21 early evacuation building permit allocations are required to evacuate in Phase 1
5 of 7
5157
I of the 48-hr evacuation of a pending major hurricane,pursuant to Policies 101.3.2,
2 101.3.3 and 101.3.12.
3 iii. All workforce housing early evacuation units shall be restricted to rental
4 occupancy for those who derive at least 70% of their income as members of the
5 workforce in Monroe County and who meet the affordable housing income
6 categories of the Monroe County Land Development Code.
7
8
9 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to have
10 waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
11 governmental, and any other similar defense, immunity, exemption, or protection against
12 any suit, cause-of-action, demand, or liability.
13
14 Section 5. The Monroe County BOCC hereby ordains that the interpretation of this ordinance and
15 all provisions of the Monroe County Comprehensive Plan,Florida Building Code,Florida
16 Statutes, floodplain management requirements, and Monroe County Codes whose
17 interpretation arises out of, relates to, or is interpreted in connection with this ordinance
18 shall be liberally construed and enforced in favor of the Monroe County BOCC, shall be
19 construed in favor of the Monroe County BOCC, and such interpretation shall be entitled
20 to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
21 appeal.
22
23 Section 6. Attached Exhibit A. to this Ordinance, containing the specific metes-and-bounds
24 description of the subject property, is hereby incorporated as if fully stated herein.
25
26 Section 7. Severability. If any provision of this Ordinance, or any part or portion thereof, is held to
27 be invalid or unenforceable by any administrative hearing officer or court of competent
28 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
29 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other
30 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other
31 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue
32 unimpaired in full force and effect.
33
34 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are
35 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
36 repeal the repealing clause of such ordinance or revive any ordinance which has been
37 repealed thereby.
38
39 Section 9. Transmittal. This Ordinance shall be transmitted to the Florida State Land Planning
40 Agency pursuant to Chapter 163 and 380, Florida Statutes.
41
42 Section 10. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the Secretary
43 of State of Florida, but shall not become effective until a notice is issued by the Florida
44 State Land Planning Agency and/or Administration Commission finding the
45 amendment in compliance with Chapter 163, Florida Statutes, and, if challenged, shall
46 not become effective until such challenge is fully and finally resolved.
6of7
5158
I Section 11. Effective Date. This Ordinance shall become effective as provided by law and stated
2 above.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
5 at a regular meeting held on the 1 lth day of December, 2024.
6
7 Mayor James K. Scholl
8 Mayor Pro Tem Michelle Lincoln
9 Commissioner Craig Cates
10 Commissioner David Rice
12 Commissioner Holly Merrill Raschein
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17 By:
18 MAYOR JAMES K. SCHOLL
19
20
21
22 (SEAL)
23 ATTEST: KEVIN MADOK, CLERK
24
25
26 By:
27 AS DEPUTY CLERK
MONROf COUNTY ATTORNEY
7of7
5159
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