Ordinance 005-20141
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 005 - 2014
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING POLICY 101.2.6 OF
THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
EXTENDING THE MORATORIUM ON TRANSIENT UNIT
ALLOCATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE
FLORIDA STATE LAND PLANNING AGENCY; PROVIDING
FOR THE FILING WITH THE SECRETARY OF STATE AND
FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
INCLUSION IN THE MONROE COUNTY 2010
COMPREHENSIVE PLAN.
WHEREAS, Pursuant to DCA Rule 9J- 14.022, F.A.C., January 4,1996; Rule 28-
20.100 F.A.C. Part I, January 2, 1996 and Part II, July 17, 1997, Policy 101.2.6 was
adopted which stated: By January 4, 1996, Monroe County shall adopt Land
Development Regulations which prohibit new transient residential units including hotel
or motel rooms, campground spaces, or spaces for parking a recreational vehicle or
travel trailer until December 31, 2001. Monroe County shall either extend this
prohibition until December 2006 or revise the Permit Allocation System to allocate a
percentage of residential growth to transient unit; and
WHEREAS, the Board of County Commissioners at a special public hearing on
July 13, 2009, adopted Ordinance No. 035 -2009 to amend Policy 101.2.6 of the Monroe
County 2010 Comprehensive Plan, to extend the existing transient unit moratorium until
July 31, 2010; and
WHEREAS, during the review of the 2010 transient use amendment, the Florida
Department of Economic Opportunity (DEO) in its Objections, Recommendations and
Comments (ORC) Report 02 -10 ORC, dated September 20 2010, recommended that the
transient use moratorium be continued until the adoption of Evaluation and Appraisal
Report (EAR) - related amendments; and
Page 1 of 3
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2 WHEREAS, the Board of County Commissioners at a special public hearing on
3 December 14, 2011, adopted Ordinance No. 024 -2011 to amend Policy 101.2.6 of the
4 Monroe County 2010 Comprehensive Plan, to extend the existing transient allocation
5 moratorium until May 1, 2014; and
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7 WHEREAS, the schedule set by Florida Department of Economic Opportunity
8 (DEO) established a new Evaluation and Appraisal Report (EAR) schedule, Rule 73C-
9 49.002, F.A.C., which assigned a Monroe County EAR due date of May 1, 2014; and
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11 WHEREAS, the Board of County Commissioners, at a special public meeting on
12 May 22, 2012, made a motion not to include any changes to the transient unit moratorium
13 as part of the adopted 2012 EAR; and
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15 WHEREAS, Section 163.3191 (1), F.S. requires the local government to evaluate
16 its comprehensive plan to determine if plan amendments are necessary to reflect changes
17 in state requirements every seven years, therefore the next Monroe County EAR would
18 be due on May 1, 2021; and
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20 WHEREAS, Section 163.3191(2), F.S. requires the transmission of EAR- related
21 amendments within one year following the EAR due date, which would be May 21, 2022;
22 and
23 WHEREAS, in March 2013, the State Administration Commission, approved the
24 recommendation to allocate 10 years' worth of growth to Monroe County while
25 maintaining an evacuation clearance time of 24 hours, through the year 2023; and
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27 WHEREAS, the proposed extension of the transient unit moratorium provides
28 the opportunity to use 2020 census data, when it becomes available, to update and run the
29 Florida Keys hurricane evacuation model as required by Rule 28- 20.140, F.A.C., to
30 reevaluate whether Monroe County has met its obligation to maintain the 24 -hour
31 evacuation clearance time, which includes transient units.
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33 WHEREAS, On April 25, 2014, the Florida Department of Economic Opportunity
34 issued its Objections, Recommendations, and Comments (ORC) report. The ORC report
35 states that the Department does not identify any objections or comments to the proposed
36 amendment.
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38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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41 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows:
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44 Policy 101.2.6: Monroe County shall prohibit new transient allocations for hotel or motel
45 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer
46 until May 1, 2022.
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2 Section 2. Severability. If any section, subsection, sentence, clause, item, change,
3 or provision of this ordinance is held invalid, the remainder of this ordinance shall not be
4 affected by such validity.
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6 Section 3. Reveal of Inconsistent Provisions All ordinances or parts of
7 ordinances in conflict with this ordinance are hereby repealed to the extent of said
8 conflict.
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10 Section 4. Transmittal. This ordinance shall be transmitted by the Planning
11 Department to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
12 Florida Statutes.
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14 Section 5. Filing and Effective Date This ordinance shall be filed in the Office
15 of the Secretary of State of Florida, but shall not become effective until a notice is issued
16 by the Florida State Land Planning Agency or Administration Commission finding the
17 amendment in compliance, and if challenged until such challenge is resolved pursuant to
18 Chapter 120, F.S.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 21st day of May , 2014.
Mayor Sylvia Murphy
yes
Mayor Pro Tern Danny Kolhage
yes
Commissioner Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY -
_o', Mayor Sylvia urphy
Amy Heavilin, Clerk
IMONROE COUNTY ATTORNEY
R D TO FORM:
STEVEN T. WI�I.IAMB
Date
ateISTA C ATTORNEY
Z
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36 Deputy Clerk
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