Ordinance 011-20151
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ORDINANCE 011 -20
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF APPLICATIONS
FOR THE TRANSFER OF DEVELOPMENT RIGHTS TO OFFSHORE
ISLANDS, TRANSFER OF ROGO EXEMPTIONS TO OFFSHORE
ISLANDS, TIER AMENDMENTS FOR OFFSHORE ISLANDS; MAP
AMENDMENTS FOR OFFSHORE ISLANDS TO INCREASE POTENTIAL
DENSITY OR INTENSITY AND TEXT AMENDMENTS FOR OFFSHORE
ISLANDS TO INCREASE DEVELOPMENT POTENTIAL
(DENSITY/INTENSITY), COMMENCING JANUARY 21, 2015, UNTIL
SUCH TIME AS A COMPREHENSIVE PLAN AMENDMENT PROCESS IS
COMPLETED REGARDING OFFSHORE ISLANDS AND PROVIDING
FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF
THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
COMPREHENSIVE PLAN AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST, PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 21, 2015, the Monroe County Board of County Commissioners
adopted Resolution No. 022 -2015 directing the Monroe County Planning and Environmental
Resources Department to process an Ordinance to defer the approval of applications for the
transfer of development rights to offshore islands, transfer of ROGO exemptions to offshore
islands, tier amendments for offshore islands, map amendments for offshore islands to increase
potential density or intensity and text amendments to increase development potential
(density /intensity); and
37 WHEREAS, the Monroe County Board of County Commissioners, at a special meeting on
38 January 14, 2015 in Marathon, Florida unanimously passed a motion to direct staff to impose a
39 temporary moratorium upon certain development applications of Offshore Islands due to pending
40 legislation; and
Ord. No. U 11 -2015
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I WHEREAS, on December 10, 2014, the Board of County Commissioners directed that
2 pending and proposed new Comprehensive Plan amendments specifically concerning Offshore
3 Islands and building height restrictions be removed from the larger Comprehensive Plan update
4 project (2030 Comprehensive Plan) and that each be considered as a separate and distinct
5 Comprehensive Plan Amendment to be voted upon and submitted to the State of Florida separately
6 from the rest of the cumulative Comprehensive Plan update project package; and
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8 WHEREAS, the Comprehensive Plan amendment process remains pending and an
9 ongoing process, an ordinance to prohibit new applications from being processed is necessary to
10 ensure new Amendment(s) regarding Offshore Islands are fully evaluated, including the provision
11 of public participation in the planning process; and
12 WHEREAS, absent an ordinance addressing the interim time period between the current
13 adopted Comprehensive Plan and the adoption of the new Amendment(s), regarding Offshore
14 Islands, Offshore Islands will be subject to potential development that fails to address Tier
15 designations, habitat review and/or consideration of new Comprehensive Plan policies currently
16 under review and consideration by the Board of County Commissioners.
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18 NOW THERE, BE IT ORDAINED. BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20 Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource
21 Department shall defer the approval of applications that include the Transfer of Development
22 Rights to offshore islands, Transfer of ROGO Exemptions to offshore islands, Tier Amendments
23 for offshore islands, Map Amendments or Text Amendments having the effect of increasing
24 development potential on offshore islands, commencing January 21, 2015, and for 365 days from
25 the effective date of this ordinance or until such time as a comprehensive plan amendment process
26 is completed and becomes effective, whichever comes first.
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28 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
29 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
30 adoption of comprehensive plan amendments specifically concerning Offshore Islands, the
31 formulation of which shall be expeditiously pursued. In no event, however, shall the moratorium
32 imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance.
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34 Section 3. Severability. The provisions of this Ordinance are declared to be severable and
35 if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be
36 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
37 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
38 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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Ord. No. D! 1 -2015
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Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a
"land development regulation" as State law defines that term. This ordinance shall be filed in the
Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by
the State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 15th day of April , 2015.
Mayor Danny L. Kolhage Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yps
BOARD OF COUNTY COMMISSIONERS
OF MO c E COUNTY
BY \ �
Mayor Dann'yot. Kolhage
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ATTEST: AMY HEAVILIN, CLERK
MM M.66 M Mf�
MONROE COUNTY ATTORNEY
� E P OV � FORM:
S�T�(J
N T. WILLIAMS
ASSISTANT CO ATTORNEY
Date 3l� 3 //s
Ord. No. 0 1 1 -2015
Page 3 of 3
a
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FLORIDA DEPARTMENT 0 STAT
RICK SCOTT
Governor
May 12, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011 -2015, which was filed in this office on May 12,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
• Final Order No. DEO -15 -095
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 011 -2015
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 011-2015
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 011 -2015 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on April 15, 2015, and rendered to
the Department on June 22, 2015.
3. The Ordinance imposes a Moratorium and defers the approval of applications
(including applications to Transfer Development Rights to offshore islands, applications to
Transfer ROGO Exemptions to offshore islands), Tier amendments to offshore islands, and any
Comprehensive Plan Future Land Use Map or Text Amendments that have the effect of increasing
development potential on offshore islands. The Moratorium commenced January 21, 2015 and will
run for 365 days from the effective date of Ordinance 011 -2015.
1
Final Order No. DEO -15 -095
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida Statutes.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Objective 101.4.
8. The Ordinance is consistent with the Principles for Guiding Development in §
380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following
Principle:
(a) Strengthening local government capabilities for managing
land use and development so that local government is able to achieve
these objectives without continuing the area of critical state concern
designation;
(b) Protecting shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife, and their habitat;
(h) Protecting the value, efficiency, cost - effectiveness, and
amortized life of existing and proposed major public investments,
including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
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Final Order No. DEO -15 -095
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and
other publicly owned properties;
8. City electric service and Florida Keys Electric Co -op; and
9. Other utilities, as appropriate.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 011 -2015 is consistent with the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and is hereby APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
16 )LkT//
William B. Killi s rth, irector
Division of Co unity Development
Department of Economic Opportunity
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Final Order No. DEO -15 -095
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO
NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF
THE FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE
REGISTER.
0
Final Order No. DEO -15 -095
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this day of J , 2015.
I
Katie Zimmer, Agen y Cl k
Department of Econo i pportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
Danny Kolhage, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Christine Hurley, Division Director
Growth Management
Monroe County, Florida
2798 Overseas Highway
Suite 400
Marathon, FL 33050
Amy Heavilin, Clerk
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