Ordinance 018-2018 __.-- t---
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3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO. 018 -2018
5
6
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
9 AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 012 -
10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
13 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS
14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO
18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF
19 THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM
20 "LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC CAN
21 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK -OUT"
24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
25 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
28 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-090)
31
32
33 -
34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
36 ordinance to impose a temporary moratorium deferring the approval of new applications or received
37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
38 or land development code amendments, development agreements (including 380 development
File 2018 -090 Page 1 of 4
1 agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
4 utilizing the term "lock- out;" and
5
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium
8 upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock- out," due
10 to pending legislation; and
11
12 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012 -2017 imposing a temporary moratorium
14 upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated
15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock- out," due
16 to pending legislation; and
17
18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
19 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
21 development; and
22
23 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
24 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the
25 undefined term of "lock- out;" and
26
27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on
28 use of "lock- outs" and this use was not discussed during the update process and further edits are needed
29 to specifically address "lock- outs;" and
30
31 WHEREAS, an ordinance addressing the interim time period between the current adopted
32 comprehensive plan and land development code and the adoption of any new amendment(s) [new
33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
35 unincorporated Monroe County, including the provision of public participation in the planning process;
36 and
37
38 WHEREAS, an extension to the temporary moratorium deferring the approval of new
39 applications or received application that have not been fully approved, commencing October 27, 2018,
40 for comprehensive plan or land development code amendments, development agreements (including
41 380 development agreements), and minor and major conditional use permits (excluding applications
42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
File 2018 -090 Page 2 of 4
1 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
2 and applications utilizing the term "lock- out;" will allow time to review, study, hold public hearings,
3 and prepare and adopt an amendment or amendments to the Land Development Code and the
4 Comprehensive Plan; and
5
6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
7 reviewed the proposed interim development ordinance; and
8
9 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County Planning
10 Commission held a public hearing for the purpose of considering the proposed interim development
11 ordinance and provided for public comment; and
12
13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20 -18
14 recommending approval of the proposed interim development ordinance; and
15
16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
17 of Monroe County.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
20 OF MONROE COUNTY:
21
22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
23
24 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
25 Resource Department shall defer the approval of new applications or received applications that have not
26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code
27 amendments, development agreements (including 380 development agreements), and minor and major
28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
29 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to
30 either of them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing October
31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development
32 code regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
33 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
34 ordinance or when the comprehensive plan and land development code amendments become effective,
35 whichever comes first.
36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
39 Ordinance extend beyond 365 days from the effective date of this ordinance.
40
File 2018 -090 Page 3 of 4
1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance
4 invalid or unconstitutional.
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6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land
7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
8
9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
10 filing with the Florida Department of State.
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
13 regular meeting of the Board held on the 15 th day of , .iL: August , 2018.
14
15
16 Mayor David Rice, District 4 Y es _
17 Mayor Pro Tem Sylvia J. Murphy, District 5 Yes
18 Danny L. Kolhage, District 1 Y es 3
19 George Neugent, District 2 Y es 2 co :
n co, 20 Heather Carruthers, District 3 Y es ( m q 6
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22 _
23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIO 3C= °.: , :
OF MONROE OUNTY, FLORIDA =C -i to c
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File 2018 -090 Page 4 of 4
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Kevin Madok, CPA
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Clerk of the Circuit Court & Comptroller — Monroe County,
•R OE COUN
September 4, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 018 -2018 extending an Interim Development
Ordinance as initially established on July 19, 2017 through Ordinance 012- 2017for an additional 365 days to
defer the approval of new applications or received applications that have not been fully approved for
Comprehensive Plan or Land Development Code amendments, Development Agreements (including 380
Development Agreements), and minor and Major Conditional Use Permits (excluding applications proposing
only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the
term "lock- out ", commencing October 27, 2018, until the BOCC can review and possibly amend the
Comprehensive Plan and Land Development Code regarding the definitions of dwelling unit; household;
family and the undefined term "lock -out" of a dwelling unit; providing for expiration within 365 days of the
effective date of this Interim Development Ordinance or when the Comprehensive Plan and Land
Development Code 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
amendment to the Land Use District (Zoning) Map; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular
meeting, held in formal session, on August 15, 2018. Should you have any questions, please feel free to
contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Planning & Environmental
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
RICK SCOTT
Governor
September 4, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
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. 2018 -018, which was filed in this office on September 4,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR /lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
Final Order No. DEO-19-027
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
ter. cn rn m
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In re: A LAND DEVELOPMENT REGULATION -n
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 018-2018 :
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 018-2018
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 018-2018 (the "Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 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 July 25, 2018, and rendered to
the Department on July 11,2019.
3. The Ordinance provides for an extension to a previously approved interim
development ordinance, Ordinance 012-2017, which was approved by Department's Final Order
DEO 17-145. Ordinance 012-2017 provided for deferring the processing of applications for
Monroe County Comprehensive Plan and Land Development Code amendments, development
agreements, and minor and major conditional use permits, relating to proposed occupancy by
"three unrelated people,"or"two unrelated people and any children related to either of them"of a
dwelling unit, and applications utilizing the term"lock-out."
1
Final Order No. DEO-19-027
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. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Objective
101.5.
7. 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), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(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.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.018-2018 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
2
Final Order No. DEO-19-027
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.
J es D. Stansbury, Chi
eau of Community Planning and owth
apartment of Economic Opportunity
3
Final Order No. DEO-19-027
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.
4
r
I
Final Order No. DEO-19-027
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
) , 4.h day of_ —�,Q , 2019.
1 4r Do
j�
Agency -rk v
De
part t of Economic Opportunity
107 East Madison Street,MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
•
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5