HomeMy WebLinkAboutItem B3 Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Wednesday, December 18, 2024 4:08 PM
To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: ADD-ON Item B4 12 19 2024 Special BOCC Meeting
Attachments: Item B4 12 19 2024 Special BOCC Meeting AIS.pdf
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Consideration of a Resolution By The Board Of County Commissioners Of Monroe County("Board")Requesting
Approval, By The State Of Florida, Of Additional Rate Of Growth Ordinance Building Permit Allocations And Board-
Proposed Changes To Section 380.0552 Florida Statutes To Increase The Statutorily Required Hurricane Evacuation
Clearance Time For The Florida Keys Area Of Critical State Concern From 24 Hours To 24.5 Hours To Accommodate The
Building Of 500 Units Of Additional Residential Development Within The Florida Keys And Key West Areas Of Critical
State Concern, Following The Monroe County Planning And Environmental Resources Department's Analysis Of Privately
Owned Vacant Parcels And Potential Affordable Housing Development Project Sites."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item B4.
Sincerely,
L
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!!00 Sintooton street, Sv to 2-205
K.e� west; FL :2,:2,04 0
(�2,05)292--4-4-4�2, (o ffiCe)
(:2,05):2,9:2,--4-4-4 2 (ceLL Phone)
(�2,05)292-4 54 (Fax)
Courier Stop #!
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www.vKovg,roeco�cwtU-A.�oy
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." 'Maya Angelou
1
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T E
COUNTY 2E4�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO T}EE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT-TO PUBLIC DISCLOSURE.
0 Please consider the ervironrrmnt when
0cidideng whether to print this ema:aiL
2
B4
COUNTCOUNTY of MON OT �y BOARD OF COUNTY COMMISSIONERS
Y 1 I 1 1V1 lr 1� J� i � Mayor James K. Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Special Board of County Commissioners Meeting Meeting
December 19, 2024
Agenda Item Number: B4
2023-3463
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
Consideration of a Resolution By The Board Of County Commissioners Of Monroe County ("Board")
Requesting Approval, By The State Of Florida, Of Additional Rate Of Growth Ordinance Building
Permit Allocations And Board-Proposed Changes To Section 380.0552 Florida Statutes To Increase
The Statutorily Required Hurricane Evacuation Clearance Time For The Florida Keys Area Of Critical
State Concern From 24 Hours To 24.5 Hours To Accommodate The Building Of 500 Units Of
Additional Residential Development Within The Florida Keys And Key West Areas Of Critical State
Concern, Following The Monroe County Planning And Environmental Resources Department's
Analysis Of Privately Owned Vacant Parcels And Potential Affordable Housing Development Project
Sites.
ITEM BACKGROUND:
In 2023, following the 2020 U.S. Census, the State of Florida Department of Commerce ("FL
Commerce") completed an update to the State's hurricane evacuation modeling which included Baseline
Modeling and, per the December 2023 Florida Keys Hurricane Evacuation Modeling Report(the
Report), "five (5) additional scenarios (S 1-S5) that examine the effect of prospective building
allocations, to facilitate discussion...to help inform future policy considerations that may be considered
by state and local officials and stakeholders." Scenario 4 of the modeling indicated that an additional
220 residential permit allocations Keys-wide was the maximum that could be legally awarded without
exceeding and violating the statutorily required(Section 380.0552, Florida Statutes) 24-hour hurricane
evacuation timeline for the permanent residents of the Florida Keys, distributed Keys-wide as follows -
Unincorporated Monroe County: 100, Marathon: 40, Islamorada: 40, and Key West: 40 affordable.
Monroe County officially requested the 220 units through Commerce and Commerce has directed the
County complete a comprehensive plan amendment to request 100 of the 220 units. The BOCC gave
direction to staff to process a comprehensive plan amendment on December 11, 2024.
During a meeting with Commerce, as well as during discussions with the Office of the Governor, state
officials indicated a desire for Monroe County to focus on providing workforce housing.
Over the past year, Monroe County's staff were directed to pursue data collection and analysis,
1
stakeholder input, community education and outreach, and public discussions regarding environmental
concerns, infrastructure capacity/concurrency, possible takings liability, and public safety concerns
regarding hurricanes and safe/timely hurricane evacuation. This process was intended to provide the
Board of County Commissioners with the necessary information to make a decision/recommendation
on the future of ROGO and whether the BOCC should itself request a change, through legislation, to the
statutorily required 24-hour hurricane evacuation time-frame in order to make it legal to build
additional residential development.
Following a December 17, 2024, meeting with the State and administrative, planning, and legal
professional staff from all local government jurisdictions within the Florida Keys and Key West Areas
of Critical State Concern, a consensus was reached to propose to each local government board that 500
additional residential permit allocations countywide, 220 of which would be distributed to the subject
local government jurisdictions based on Scenario 4 of the State modeling and 280 of which would be
distributed to the subject local government jurisdictions based on proportion of vacant, privately-
owned, buildable parcels, be requested from the State through a legislative (statutory) change to
380.0552 to increase the required evacuation timeframe from 24 hours to 24.5 hours. The attached draft
resolution reflects the request for 500 additional units with the terms as discussed.
PREVIOUS RELEVANT BOCC ACTION:
On November 20, 2024, the BOCC directed staff to proceed with Comprehensive Plan and Land
Development Code amendments to request/accept the County's portion (100 units) of the 220 additional
ROGO units that would be the maximum that could be awarded without exceeding general law's 24-
hour required evacuation timeline, per Scenario 2 of the December 2023 Florida Keys Hurricane
Evacuation Modeling Report.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Based on the meeting held with the County's legislative delegation and staff from all of the local
government jurisdictions on December 17, 2024, staff developed this resolution to reflect the policy
preference of Representative Mooney and Senator Rodriguez. If the Board wishes to pursue any
additional units during the 2025 legislative session, staff recommends approval.
DOCUMENTATION:
Exhibit A to Resolution- Clearance Times Summary Table
Draft Resolution Re esti g_500_ROGO_Allocations (Final - Stamped®and-Signed).pdf
FINANCIAL IMPACT:
N/A
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2 RESOLUTION NO. -2024
3
4 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY (`BOARD") REQUESTING APPROVAL, BY
6 THE STATE OF FLORIDA ("STATE"), OF ADDITIONAL RATE OF
7 GROWTH ORDINANCE ("ROGO") BUILDING PERMIT
8 ALLOCATIONS AND BOARD-PROPOSED CHANGES TO SECTION
9 380.0552 FLORIDA STATUTES TO INCREASE THE STATUTORILY
10 REQUIRED HURRICANE EVACUATION CLEARANCE TIME FOR
11 THE FLORIDA KEYS AND KEY WEST AREAS OF CRITICAL STATE
12 CONCERN UNDER THE FLORIDA KEYS AREA PROTECTION ACT
13 FROM 24 HOURS TO 24.5 HOURS TO ACCOMMODATE THE
14 BUILDING OF 500 UNITS OF ADDITIONAL RESIDENTIAL
15 DEVELOPMENT WITHIN THE FLORIDA KEYS AND KEY WEST
16 AREAS OF CRITICAL STATE CONCERN, FOLLOWING THE
17 MONROE COUNTY PLANNING AND ENVIRONMENTAL
18 RESOURCES DEPARTMENT'S PROFESSIONAL ANALYSIS OF
19 PRIVATELY OWNED VACANT PARCELS AND POTENTIAL
20 AFFORDABLE HOUSING DEVELOPMENT PROJECT SITES.
21
22
23 WHEREAS, the Florida Keys constitutes an Area of Critical State Concern ("Florida Keys
24 ACSC") in Florida, as established through Rule 28-29.002, Florida Administrative Code, and
25 Sections 380.05 and 380.0552, Florida Statutes; and
26
27 WHEREAS, pursuant to Section 380.0552(9)(a)(2.), Florida Statutes, all local
28 comprehensive plans within the Florida Keys ACSC must include goals, objectives, and policies to
29 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
30 evacuation clearance time for the permanent residents of the Florida Keys of no more than 24 hours,
31 the hurricane evacuation clearance time shall be determined by a hurricane evacuation study
32 conducted in accordance with a professionally accepted methodology and approved by the state land
33 planning agency ("Florida Department of Commerce"), and for purposes of hurricane evacuation
34 clearance time:
35
36 a. Mobile home residents are not considered permanent residents.
37 b. The City of Key West Area of Critical State Concern established by Chapter 28-36,
38 Florida Administrative Code, shall be included in the hurricane evacuation study and
39 is subject to the evacuation requirements of this subsection; and
40
41 WHEREAS,in 2023, following the 2020 U.S. Census, the Florida Department of Commerce
42 completed an update to the hurricane evacuation modeling task which included Baseline Modeling
1 of 4
4
I and, per the December 2023 Florida Keys Hurricane Evacuation Modeling Report (the "Report"),
2 "five additional scenarios (Sl-S5)...that examined the effect of prospective building allocations,
3 to facilitate discussion...to help inform future policy considerations that may be considered by
4 state and local officials and stakeholders"; and
5
6 WHEREAS, Table 3 from the Report, which summarized Hurricane Evacuation Clearance
7 times for each scenario modeled, is attached hereto and incorporated herein as Exhibit A.; and
8
9 WHEREAS, the Report's Scenario 4 ("S4") showed that 220 additional residential permit
10 allocations would be the maximum that may be legally awarded without exceeding and violating the
11 statutorily required 24-hour hurricane evacuation clearance timeline, distributed Keys-wide as
12 follows: Unincorporated Monroe County: 100, City of Marathon: 40, Village of Islamorada: 40, and
13 City of Key West: 40 affordable; and
14
15 WHEREAS, Monroe County (the "County") has officially reduced the number of vacant,
16 privately-owned, buildable parcels within the unincorporated County that pose a possible risk of an
17 takings claim from the initial State-modeled 6,086 parcels to a final figure of approximately 1,618
18 parcels; and
19
20 WHEREAS, the City of Marathon has officially reduced the number of vacant, privately-
21 owned,buildable parcels within the City of Marathon that pose a possible risk of a takings claim from
22 the initial State-modeled 764 parcels to a final figure of approximately 560 parcels, as stated and
23 memorialized in City of Marathon, Florida, Resolution No. 2024-125; and
24
25 WHEREAS,the Village of Islamorada has officially reduced the number of vacant,privately-
26 owned, buildable parcels within the Village of Islamorada that pose a possible risk of a takings claim
27 from the initial State-modeled 971 parcels to a final figure of approximately 214 parcels; and
28
29 WHEREAS, Monroe County has begun the necessary steps to establish a new category of
30 housing within the Monroe County Comprehensive Plan and Land Development Code, Workforce
31 Market Rate Housing,which would be regulatorily limited to use and occupancy by those who derive
32 at least 70 percent of their income as members of the Workforce in Monroe County, gainfully
33 employed providing goods and/or services to Monroe County residents or visitors; and
34
35 WHEREAS, following a December 17, 2024, meeting with the State and administrative,
36 planning, and legal professional staff from all local government jurisdictions within the Florida Keys
37 and Key West Areas of Critical State Concern, a consensus was reached to propose to each local
38 government that 500 additional residential permit allocations countywide, 220 of which would be
39 distributed to the subject local government jurisdictions based on Scenario 4 of the State modeling
40 and 280 of which would be distributed to the subject local government jurisdictions based on
41 proportion of vacant, privately-owned, buildable parcels, be requested from the State through a
42 legislative (statutory) change to Section 380.0552, Florida Statutes, to increase the required and
43 mandatory hurricane evacuation timeframe from 24 hours to 24.5 hours;
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
47
2 of 4
5
I Section 1. Recitals. The above recitals, findings of fact, and conclusions of law are true and
2 correct and are hereby incorporated as if fully set forth herein.
3
4 Section 2. The Board of County Commissioners of Monroe County, Florida, requests that the
5 state legislature adopt amendments to Section 380.0552(9)(a)(2.)to:
6
7 (a) Increase the required hurricane evacuation clearance time for permanent residents
8 of the Florida Keys ACSC from 24 hours to 24.5 hours; and
9
10 (b) Allow a maximum of 500 new residential permit allocations in the Florida Keys
11 and Key West Areas of Critical State Concern, 220 of which can be issued within
12 the existing 24 hour time frame and shall be distributed as shown in the table below
13 according to Scenario 4 of the December 2023 Florida Keys Hurricane Evacuation
14 Modeling Report; and 280 of which would be beyond the 24 hour timeframe and
15 shall be distributed between Monroe County, Islamorada, Marathon, and Key
16 West, as shown in the table below based on the current proportion of vacant
17 buildable parcels within each jurisdiction:
18
Government 22.0 Vacant Private Percentage of 280 TOTAL
Lot inventories total 500
Mlonroe 100 1618 65.3% 183 283
Marathon 40 560 22.6% 63 103
Islamorad'a 40 214 8.6% 24 64
Ivey West 40 affordable 84 3.4% 10 affordable 50
22.0 2476 100% 280 500
19
20 ; and
21
22 (c) The 500 new residential permit allocations as referenced above shall be reserved
23 for issuance of only 1 allocation per vacant buildable parcel, regardless of
24 maximum development potential; and
25
26 (d) Within each local government jurisdiction, a minimum of 70% of the respective
27 jurisdictions above-referenced share of the 500 new residential permit allocations
28 shall be designated as Workforce Market Rate Housing whereby the units are deed
29 restricted for 99 years for occupancy by the workforce defined as county residents
30 who are gainfully employed supplying goods and/or services to county residents
31 or visitors to the county and derive at least 70% of their income from such gainful
32 employment within Monroe County.
33
34 Section 3. The extended hurricane evacuation timeframe is understood and acknowledged to
35 include 220 permit allocations as modeled in Scenario 4 of the December 2023 Florida
36 Keys Hurricane Evacuation Modeling Report.
37
38 Section 4. This Resolution shall become effective upon adoption and/or as otherwise provided
40 by law.
41
3 of 4
6
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regularly scheduled special public meeting held on the 19m day of December, 2024.
4 Mayor James K. Scholl
5 Mayor Pro Jem Michelle Lincoln
6 Commissioner Craig Cates
7 Commissioner David Rice
9 Commissioner Holly Merrill Raschein
10 BOARD OF COUNTY COMMISSIONERS OF MONROE
12 COUNTY, FLORIDA
13
14 By:
15 Mayor James Scholl
16 ATTEST: KEVIN MADOK, CLERK O OATTORNEY
17 ,4F J ^' TO FORM
18
19 PETER MORRIS
20 AS DEPUTY CLERK ASSISTANT COUNTY A
Date. 12/18/2024
4 of 4
7
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Wednesday, December 18, 2024 4:21 PM
To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: RE: ADD-ON Item B3 12 19 2024 Special BOCC Meeting
Apologies, the item will be item B3.
Item 64 will be Public Comment.
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1\4oniroe County, I lloiriida
the I-lloiriida Keys"
"We moy encounter mony def?ot's, but wle must'not be def?oted.""Moyo Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM 7WE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO 7WE PUBLIC AND MEDIA UPON
REQUEST'. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
0 Please c.on,tlder the ervironrrmnt when
4�0
decidinghetl'aer to print this ema:aiL
From: Ballard-Lindsey
Sent:Wednesday, December 18, 2024 4:08 PM
To: Gomez-Krystal <Gomez-KrystaI@ Mon roeCounty-Fl.gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Senior Management
Team and Aides<Senior_Management_Tea m_and_Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-
clerk.com>; 'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>
1
Cc: Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-Fl.gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-Fl.gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-Fl.gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-Fl.gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com;Valcheva-Svilena <Valcheva-Svilena@MonroeCounty-Fl.gov>
Subject:ADD-ON Item 134 12 19 2024 Special BOCC Meeting
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Consideration of a Resolution By The Board Of County Commissioners Of Monroe County("Board")Requesting
Approval, By The State Of Florida, Of Additional Rate Of Growth Ordinance Building Permit Allocations And Board-
Proposed Changes To Section 380.0552 Florida Statutes To Increase The Statutorily Required Hurricane Evacuation
Clearance Time For The Florida Keys Area Of Critical State Concern From 24 Hours To 24.5 Hours To Accommodate The
Building Of 500 Units Of Additional Residential Development Within The Florida Keys And Key West Areas Of Critical
State Concern, Following The Monroe County Planning And Environmental Resources Department's Analysis Of Privately
Owned Vacant Parcels And Potential Affordable Housing Development Project Sites."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item 1133.
Sincerely,
Li�y�Ballard,
A-t e to ( hhK stine 1 vKLe�, Covwt� Ac{VVdn stYatoK
-?,us�wess M,2n,29ev- Ac{VVdn stYation
1100 sew owtow sweet; v to 2-205
K.e� west; FL :2,:2,04 0
(M5)292--4-4-4�2, (o ffiCe)
(M5):2,9:2,--4-4-4 2 (ceLL Phone)
(M5)292-4 54 (Fax)
CDVKt eY Stop #!
ga��a� .4ov
www.vKowroeco�cwtU-A.�oy
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." 'Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTEE
COUNTY RE(�AR1DIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO 7WE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
2
0 Please consider the ervironrrmnt when
0cidideng whether to print this ema:aiL
3
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2 RESOLUTION NO. -2024
3
4 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY ("BOARD") REQUESTING APPROVAL, BY
6 THE STATE OF FLORIDA, OF ADDITIONAL RATE OF GROWTH
7 ORDINANCE BUILDING PERMIT ALLOCATIONS AND BOARD-
8 PROPOSED CHANGES TO SECTION 380.0552 FLORIDA STATUTES
9 TO INCREASE THE STATUTORILY REQUIRED HURRICANE
10 EVACUATION CLEARANCE TIME FOR THE FLORIDA KEYS
11 AREA OF CRITICAL.STATE CONCERN FROM 24 HOURS TO 24.5
12 HOURS TO ACCOMMODATE THE BUILDING OF 500 UNITS OF
13 ADDITIONAL RESIDENTIAL DEVELOPMENT WITHIN THE
14 FLORIDA KEYS AND KEY WEST AREAS OF CRITICAL STATE
15 CONCERN INCLUSIVE OF 220 UNITS MODELED BY THE STATE
16 TO BE WITHIN THE 24-HOUR. EVACUATION. TIMEFRAME,
17 FOLLOWING THE MONROE COUNTY PLANNING AND
18 ENVIRONMENTAL RESOURCES DEPARTMENT'S ANALYSIS OF
19 PRIVATELY OWNED : VACANT PARCELS AND POTENTIAL
20 AFFORDABLE HOUSING DEVELOPMENT PROJECT SITES.
21
22
23 WHEREAS, the Florida Keys constitutes an Area of Critical State Concern("Florida Keys
24 ACSC") in Florida, as established through Rule 28-29.002, Florida Administrative Code, and
25 Sections 380.05 and 380.0552, Florida Statutes; and
26
27 WHEREAS, pursuant to Section 380.0552(9)(a)(2.), Florida Statutes, all local
28 comprehensive plans within the Florida Keys ACSC must include goals, objectives, and policies to
29 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
30 evacuation clearance time for the permanent residents of the Florida Keys of no more than 24 hours,
31 the hurricane evacuation clearance time shall be determined by a hurricane evacuation study
32 conducted in accordance with a professionally accepted methodology and approved by the state land
33 planningagency Department artment of Commerce" purposes
g y ("Florida( p ), and for u oses of hurricane evacuation
34 clearance time:
35 a. Mobile home residents are not considered permanent residents.
36 b. The City of Key West Area of:Critical State Concern established by Chapter 28-36,
37 Florida Administrative Code, shall:be included in the hurricane evacuation study and
38 is subject to the evacuation requirements of this subsection; and
39
40 WHEREAS,in 2023,following the 2020 U.S. Census, the Florida Department of Commerce
41 completed an update to the hurricane evacuation modeling task which included Baseline Modeling
42 and, per the December 2023 Florida Keys Hurricane Evacuation Modeling Report (the "Report"),
1 of 4
rf
1 "five additional scenarios (S1-S5)...that examined the effect of prospective building allocations,
2 to facilitate discussion...to help inform future policy considerations that may be considered by
3 state and local officials and stakeholders"; and
4
5 WHEREAS, Table 3 from the Report, which summarized Hurricane Evacuation Clearance
6 times for each scenario modeled, is attached hereto as Exhibit A.; and
7
8 WHEREAS, the Report's Scenario 4 ("S4") showed that 220 additional residential permit
9 allocations would be the maximum that may be legally awarded without exceeding and violating the
10 statutorily required 24-hour hurricane evacuation clearance timeline, distributed Keys-wide as
11 follows: Unincorporated Monroe County: 100, Marathon: 40, Islamorada: 40, and Key West: 40
12 affordable; and
13
14 WHEREAS, Monroe County (the "County") has officially reduced the number of vacant,
15 privately-owned, buildable parcels within the unincorporated County that pose a possible risk of a
16 takings claim from the initial State-modeled 6,086 parcels to a final figure of approximately 1,618
17 parcels; and
18
19 WHEREAS, the City of Marathon has officially reduced the number of vacant, privately-
20 owned,buildable parcels within the City of Marathon that pose a possible risk of a takings claim from
21 the initial State-modeled 764 parcels to a final figure of approximately 560 parcels, as stated in City
22 of Marathon, Florida, Resolution 2024-125; and
23
24 WHEREAS,the Village of Islamorada has officially reduced the number of vacant,privately-
25 owned,buildable parcels within the Village of Islamorada that pose a possible risk of a takings claim
26 from the initial State-modeled 971 parcels to a final figure of approximately 214 parcels; and
27
28 WHEREAS, Monroe County has begun the necessary steps to establish a new category of
29 housing within the Monroe County Comprehensive Plan and Land Development Code, Workforce
30 Market Rate Housing,which would be regulatorily limited to use and occupancy by those who derive
31 at least 70 percent of their income as members of the.Workforce in Monroe County, gainfully
32 employed providing goods and/or services to Monroe County residents or visitors; and
33
34 WHEREAS, following a December 17, 2024, meeting with the State and administrative,
35 planning, and legal professional staff from all local government jurisdictions within the Florida Keys
36 and Key West Areas of Critical State Concern, a consensus was reached to propose to each local
37 government board that 500 additional residential permit allocations countywide, 220 of which would
38 be distributed to the subject local government jurisdictions based on Scenario 4 of the State modeling
39 and 280 of which would be distributed to the subject local government jurisdictions based on
40 proportion of vacant, privately-owned, buildable parcels, be requested from the State through a
41 legislative (statutory) change to 380.0552 to increase the required evacuation timeframe from 24
42 hours to 24.5 hours;
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
45 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
46
2 of 4
1 Section 1. Recitals.The above recitals are true and correct and are hereby incorporated as if fully
2 set forth herein.
3
4 Section 2. The Board of County Commissioners of Monroe County requests that the state
5 legislature adopt amendments to Section 380.0552(9)(a)(2) to:
6
7 (a) increase the required hurricane evacuation clearance time for permanent residents
8 of the Florida Keys ACSC from 24 hours to 24.5 hours; and provided that no more
9 than (b)allow a maximum of 500 new residential permit allocations be awarded in
10 the Florida Keys:and Key West Areas of Critical State Concern, 220 of which can
11 be issued within the existing 24 hour time frame and shall be distributed as shown
12 in the tablebelow according to Scenario 4 of the December 2023 Florida Keys
13 Hurricane Evacuation Modeling Report; and 280 of which would be beyond the
14 24 hour timeframe and shall be distributed between Monroe County, Islamorada,
15 Marathon, and Key West, as shown in the table below based on the current
16 proportion of vacant buildable parcels within each jurisdiction:
17
Government 220 Vacant Private Percentage of 280 TOTAL
Lot inventories total 500
Monroe 100 1618 65.3% 183 283
Marathon 40.. 560 22.6% 63 103
islarnorada 40 214 8.60/0 24 64
Key West . 40 affordable 84 3.4% 10 affordable 50
220 2476 100% 280 500
18
19 and
20
21 (b) the 500 new residential permit allocations as referenced above shall be reserved
22 for issuance of only 1 allocation per vacant buildable parcel, regardless of
23 maximum development potential; and
24
25 (c) within each local government jurisdiction, a minimum of 70% of the respective
26 jurisdictioris above-referenced share of the 500 new residential permit allocations
27 shall be designated as Workforce Market Rate Housing whereby the units are deed.
28 restricted for 99 years for occupancy by the workforce defined as county residents
29 who are gainfully employed supplying goods and/or services to county residents
30 or visitors to the county and derive at least 70% of their income from such gainful
31 employment within Monroe County.
.Y
32
33 Sectio
n 3. The extended hurricane evacuation timeframe is understood and acknowledged to
34 include 220 permit allocations as modeled in Scenario 4 of the December 2023 Florida
35 Keys Hurricane Evacuation Modeling Report.
36
37 Section 4. This Resolution shall become effective as upon adoption and/or as otherwise provided.
38 yaw.
39
40
3 of 4
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regularly scheduled public meeting held on the 19th day of December, 2024.
5 Mayor James K. Scholl
6 Mayor Pro Tern Michelle Lincoln
7 Commissioner Craig Cates
8 Commissioner David Rice
9 Commissioner Holly Merrill Raschein
10
11 BOARD OF COUNTY COMMISSIONERS OF MONROE
12 COUNTY, FLORIDA
13
14
15 By:
16 Mayor James Scholl
17 ATTEST: KEVIN MADOK, CLERK
18
19
20
21 AS DEPUTY CLERK
4 of 4
drxr etis -
" 440 a/W 7
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4.1„,44,,143ta
ROGO History
• Steve Williams and I were before you at your December 11,
y, o-) 2024 meeting
o At that time, I expressed the unanimous position of the
� �1 D Marathon City Council and presented to you City
� t Resolution 2024-125 whit a'n part suggested an
A'to amendment to 380.0552 9 � to reflect a change in the
xo Hurricane Evacuation Time from 24 hours to 26 hours
end suggested a language addition which would
j:44 constrain resultinguse of allocation to an even
distribution over 40 years.
o City Council was viewing via County media options
• Steve and I are before you again today
o Lest there be any questions about our authority to
speak before you today or at any other time in the past
year, at no time has the City ever taken a position that
didn't reflect the deliberations of the City Manager,
City Attorney, and the Planning Director with the
express knowledge and consent of the City Council
o Four of the five City Council Members are present
with you today
• The BOCC requested that County staff meet with all parties
— local and state staffs and elected state representatives
o After a missed step, we met on Tuesday in an
afternoon Zoom meeting. State Representatives were
present. Members of the DOC and Governor's Office
were not
• It has been suggested that we received a "message" at that
meeting. I would have to agree. It has been suggested that
we haven't been and need to work with the County on these
1
33 -uovc ecirnlYleAM-
matters. I believe that we have been starting wellbefore
the beginningof 2024.
o Your ro osed Resolution todaysu ests consensus —
p p ��
to Legislative Change and Bill Draftingyes, but not to
the numbers — hours or units
o In fact, ve Re resentati Mooneya reed to ask FDEM
p g
to be to run the model again and confirm numbers for
different time steps (24,5 and 25 hours)
o Steve and I are here todayto re resent the City p
Council and its roughly 8,200 residents in the
g Y
Councils unanimous decision on Resolution 2024-125.
The Council's_position on that Resolution has not
I..v:4r:o_1 y c:',.;a':4iy; t v-°.tti:r:"y rs/°:.',:``?"F®CA ia r41•.xOr dt"c.+n..v vi t discussions
r4am',rS!y h { r •'t i4 i,' a'H.=1a atM �Yy t :.
tchan ed. ata f ur to
o I would note, that the constraints of proposed
your
Resolution leave questions
• 24.5 hours, but only 280 new units (estimated to
generate 889)
• And, if we only have 280 — 220) to work
with, who controls the other 609
• An undefined rocess through the
p
Administration Commission and maybe the
annual report?
• Notably, Countystaff was cau ht
g
completely off-guard when DOC indicated
p Y
that they controlled the bank of 220.
Amazingrevelation in light of the fact that
those units are within 24 hours
• Now, lets get to some other concerns
o If we went to 26 hours and 40 years and 3,550 total
units, we would be constrained to 89 units year
er
p
2
cumulatively, including affordables. Based on the
vacant lot percentages (65.3 %) that would leave your
with roughly 58 per year for 40 years instead of the 10
suggested by your last week's proposed moratorium
scenario
■ And you could constrain to issue 40 per year or
any other number
o And, we wouldn't be back here in 10 years doing this
all over again — notably, this will ultimately take two
years to accomplish this time and not without
contentious dialogue
o 2,476 against 3,550 — 1,074 goes to affordable housing
over the next 40 years
o Finally, where are the real impacts — tourism 82,874
pop / Functional population is 2-3 X population
• Now let's talk about the threat of losing ACSC
o Not saying it couldn't be suggested or even happen,
but . . . .
o Seriously, who would carry out that threat other than
someone with malicious intent?
■ Would anyone care any less about the Keys as we
would potentially continue to -issue up to 89
permits per year
o We still have
■ Stewardship, Resilient Florida, etc
■ Land Acquisition
■ Stormwater (& wastewater)
■ Habitat restoration
■ Canal restoration
■ Coral & other marine restoration
■ Why would we accept giving that up
3
o In the 41 years that I have been in the Keys
• WW, SW, Canals, now Resilience
• Land Acquisition
• Coconut Farm on Cudjoe
• Upper to Lower Sugarloaf
• Saddlebunch Keys
• Dynamite Docks area (4-Way Intersection to
ORCA)
• Vacate Lots
Takings Debate
o Constitutional Property Rights
• Sworn to uphold the Constitution
• Risk Assessment — Rolling the dice in hopes that
you won't incur a takings while we KNOW that
there is a Constitutional right to use your property
• That is what we should be defending
o Cost of Purchase or
o Legal Actions if we deny
o Quality of Life
4