Ordinance 001-2007
ORDINANCE NO. 001 - 2007
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-
120.5, EXTENDING THE MORATORIUM ON NEW
TRANSIENT UNITS, SUCH AS HOTEL OR MOTEL
ROOMS, OR CAMPGROUND, RECREATIONAL VEmCLE
OR TRAVEL TRAILER SPACES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR TRANSMITTAL
FOR CODIFICATION.
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. The Board of County Commission previously adopted Ordinance No. 001-2002, to
extend the moratorium on new transient units from January 1, 2002 to December 31,
2006.
2. The prohibition on new transient units is necessary for staff to formulate a strategy to
address the impacts associated with the development of new transient units.
3. Any strategy to permit new transient units must address the impacts of transient units
on hurricane evacuation, workforce/employee housing, wastewater treatment, traffic
volumes and the natural environment through increase in use of the reefs, and the
waters off the Florida Keys.
4. The Planning Commission, at a regularly scheduled public hearing on December 19,
2006, recommended that the moratorium be extended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMJISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Chapter 9.5 Article VII, Division 2, Monroe County Code, is hereby amended
as follows:
Sec. 9.5-120.5 Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces shall not be eligible for residential ROGO
allocations until December 31, 2007 or until new Land Development Regulations are
adopted to permit new transient units.
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Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect the:reof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section :t Repeal of Conflictinl! Provisions.
The provisions of the Monroe County code and all ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section ,:l. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving ordinance pursuant to Chapter 380,
Florida Statutes.
Section 5. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform to the uniform numbering system of the
Code.
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(2).doc Page 2 of3
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17 th day of January , 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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Deputy Clerk /
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 9, 2007
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7004 11600007 19747701
Dear Mrs. Cloud,
Enclosed please find a certified copy of the following Ordinance:
Ordiinance No. 001-2007 amending Section 9.5-120.5, extending the moratorium until
December 31, 2007 on new transient units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces; Providing for severability; Providing for repeal of
inconsistent provisions; Providing for an effective date; and Providing for transmittal for
codification.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Mel~ting in formal session on January 17, 2007. Please file for record. Should you have
any questions, feel free to contact my office at (305) 295-3130.
cc: County Attorney
County Administrator
Growth Management
BOCC
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
BY~aLP.C. ~~
Isabel C DeSantis, Deputy Clerk
.. .
.
· Complete items 1, 2, and 3. Also complete
item 4 jf Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the rnaiJpiec6,
or on the front if space permits.
1. .4.rtIcle Addressed to:
Program Administrator
Administrative Code and Weekly
R .A. Gray Building
500 South Bronaugh Street
Tallahassee, Florida 32399-0250
2. Article Number
(Ti-ansfer from service label)
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELfVERY
A. SIgnature
x
B. ReceiVed by (Printed Name)
o Agent
o AddresseE
C. Date of DeUvery
D. IS~I~~rx..addressdjfferentfrom item 11 0 Yes
If t~.;rde1Qf;.c&lSA>"fE 0 No
FEB !;1 2007
3. Se
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o InSUred Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7004 1160 0007 1974 7701
Domestic Return Receipt
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FLORIDA DEPARTMENT OJ STATE
. .
CHARLIE CRllST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
February 14,2007
Honorable Danny 1. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel c. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 9, 2007 and certified copy of Monroe County Ordinance No. 001-2007, which was
filed in this office on February 14,2007.
Sincerely,
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Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 Soulh Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245_6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850245_6643
STATE LIBRARY OF FLORIDA
850,245.6600 . FAX: 850.245_6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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DCA Final Order No.: DCA07-0R-091
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 001-2007
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2006), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
I. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On March 13, 2007, the Department received for review Monroe County
Ordinance No. 001-2007 ("Ord. 001-2007"), adopted by Monroe County on January 17,2007.
3. The purpose of the Ordinance is to amend Monroe County Code Section 9.5-
120.5 to extend the current moratorium on new transient units until December 31, 2007 or until
new Land Development Regulations are adopted to permit new transient units. A moratorium
on new transient units will allow the County the ability to address the impacts of transient units
on hurricane evacuation, workforce/employee housing, wastewater treatment, traffic volumes
and the natural environment through increased use of the offshore reefs and waters off the
Florida Keys.
4. Policy 101.2.6 of the Year 2010 Monroe County Comprehensive Plan established
a moratorium on new transient units/spaces, which became effective in 1996. The policy states
that the moratorium shall be in effect until December 31, 2001 at which time Monroe County
DCA Final Order No.: DCA07-0R-091
shall either extend this prohibition until December 2006 or revise the Permit Allocation System
to allocate a percentage of residential growth to transient units.
5. The Permit Allocation System enacted via the Rate of Growth Ordinance
(ROGO) is to be replaced by the Tier System as stated in Goal 105 of the Comprehensive Plan.
The Tier System was adopted by the Department on June 16, 2006, is undergoing a legal
challenge, and as such is not effective until resolved by Final Order.
6. Ordinance 001-2007 is consistent with the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 9380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2006).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. 9380.031(8), Fla. Stat. (2006). The
regulations adopted by Ord. 001-2007 are land development regulations.
9. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in 9 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 001-2007 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
DCA Final Order No.: DCA07-0R-091
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(e) To limit the adverse impacts of development on the quality of
water throughout the Florida Keys.
(I) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
II. Ord. 001-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 001-2007 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
_(2Ll~(
CHARLES GAUT IER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
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DCA Final Order No.: DCA07-0R-091
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS 1 AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DA YS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201 (2), FLORIDA ADMINISTRATIVE CODE.
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DCA Final Order No.: DCA07-0R-091
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true aJ?~ ~ect copies have been furnished
to the persons listed below by the method indicated this ~ "/fay o( Tn- ~",y; 2007.
~
~~~~
(fh Paula Ford, A~cy Clerk
Bv U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny 1. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5