Ordinance 036-2020 2 ' ti
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3 _
4
5 MONROE COUNTY,FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE NO.036-2020
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
11 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012-
12 2017, AND EXTENDED THROUGH ORDINANCE 027-2019, FOR AN
13 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
14 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
15 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
16 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS
17 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
18 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
19 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
20 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO
21 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF
22 THEM"OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM
23 "LOCK-OUT," COMMENCING NOVEMBER 8, 2020, UNTIL THE BOCC CAN
24 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
25 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
26 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT"
27 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
28 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
29 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
30 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
31 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
32 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
33 PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-066)
34
35
36 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
37 February 5,2017 in Key West, Florida,passed a motion to direct staff to impose a temporary moratorium
38 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated
39 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
40 to pending legislation;and
41
42 WHEREAS,the Monroe County Board of County Commissioners adopted Resolution 087-
43 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
44 ordinance to impose a temporary moratorium deferring the approval of new applications or received
45 application that have not been fully approved,commencing March 15, 2017, for comprehensive plan
46 or land development code amendments, development agreements (including 380 development
47 agreements), and minor and major conditional use permits (excluding applications proposing only
Ord. 036 -2020 Page I of 4
File 2020-066
1 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
2 unrelated people and any children related to either of them" of a dwelling unit, and applications
3 utilizing the term"lock-out;" and
4
5 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on l9"'
6 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium
7 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated
8 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
9 to pending legislation; and
10
11 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 28'"
12 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary
13 moratorium upon certain development applications proposing occupancy by "three unrelated people" or
14 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term
15 "lock-out," due to pending legislation;and
16
17 WHEREAS,Ordinance 018-2018 extended the moratorium through October 27,2019; and
18
19 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 17"
20 day of July, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary moratorium
21 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated
22 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
23 to pending legislation;and
24
25 WHEREAS,Ordinance 027-2019 extended the moratorium through November 8,2020; and
26
27 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
28 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
29 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
30 development; and
31
32 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
33 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the
34 undefined term of"lock-out;" and
35
36 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on
37 use of"lock-outs" and this use was not discussed during the update process and further edits are needed
38 to specifically address "lock-outs;" and
39
40 WHEREAS, an ordinance addressing the interim time period between the current adopted
41 comprehensive plan and land development code and the adoption of any new amendment(s) [new
42 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
43 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
44 unincorporated Monroe County, including the provision of public participation in the planning process;
45 and
46
Ord. 036 -2020 Page 2 of 4
File 2020-066
1 WHEREAS, an extension to the temporary moratorium deferring the approval of new
2 applications or received application that have not been fully approved,commencing November 8,2020,
3 for comprehensive plan or land development code amendments, development agreements (including
4 380 development agreements), and minor and major conditional use permits (excluding applications
5 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
6 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
7 and applications utilizing the tenn"lock-out;' will allow time to review, study, hold public hearings,
8 and process and adopt an amendment or amendments to the Land Development Code and the
9 Comprehensive Plan; and
10
11 WHEREAS, on July 21, 2020, the Monroe County Development Review Committee (DRC)
12 reviewed the proposed interim development ordinance; and
13
14 WHEREAS, at a regularly scheduled meeting held on September 23, 2020, the Monroe County
15 Planning Commission held a public hearing for the purpose of considering the proposed interim
16 development ordinance and provided for public comment;and
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P24-20
19 recommending approval of the proposed interim development ordinance;and
20
21 WHEREAS,adoption of this ordinance will further the health, safety and welfare of the citizens
22 of Monroe County.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY:
26
27 SECTION I.Recitals, The above recitals are true and are hereby adopted and confirmed.
28
29 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
30 Resource Department shall defer the approval of new applications or received applications that have not
31 been fully approved, for comprehensive plan or land development code amendments, development
32 agreements (including 380 development agreements), and minor and major conditional use permits
33 (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by
34 "three unrelated people"or"two unrelated people and any children related to either of them"of a dwelling
35 unit,and applications utilizing the term "lock-out;" commencing November 8,2020, until the BOCC can
36 review and possibly amend the comprehensive plan and land development code regarding the definitions
37 of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for
38 expiration within 365 days of the effective date of an interim development ordinance or when the
39 comprehensive plan and land development code amendments become effective, whichever comes first.
40
41 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
42 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
43 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
44 Ordinance extend beyond 365 days from the effective date of this ordinance.
45
46
Ord. 036 -2020 Page 3 of 4
File 2020-066
1 SECTION 4.SEVERABILITY.If any section,subsection,sentence,clause,phrase,or provision
2 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
3 such holding shall not be construed to render the remaining provisions of this ordinance invalid or
4 unconstitutional.
5
6 r RCTION 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. FilinE 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,
13 at a regular meeting held on the 21" day of October 2020.
14
15
16 Mayor Heather Carruthers Yes
17 Mayor Pro Tem Michelle Coldiron yes
18 Commissioner Craig Cates Yec
19 Commissioner David Rice Yes
20 Commissioner Sylvia Murphy Yes
21
22
23 ♦eA't '4 h BOARD OF COUNTY COMMISSIONERS
24 r y rNtrd OF MONROE COU Y, F ORIDA
25
26 a y` BY
27 ' MAYO E R CARRUTHERS
28 ✓. s
29 ...er.35.
30
331 2 Alf: KE I ADOK,g.I.ERK ''o n
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33 AS DEPUTY CLERK
34 a :u
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35
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ASSIST COII ATTORNEY
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Ord. 036 -2020 Page 4 of 4
File 2020-066
AltKE
ITIZEN
The Florida Keys Only Daily Newspaper,Est. 1876
• PO Box 1e00,Key 11es1 FL 33041
Pr(305)292-7777 ext 210 F:Gast 2059025
eaals®keysnews.con
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 360515
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Bef re' un the uncle gned authority personally appeared
Its f/I(j��/Ieech ,who on oath says that he or she is
a e il ))IJLL0p_, of the Key West Citizen,a daily
newspaper publish in Nest.in Monroe County, Florida;that the attached
copy of advertisment,bein a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,October 4,20201
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published ii said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or fund for the purpose of securing this advertisement for publica-
tion�in4k cos ,
(Sig um o pant) ,,I(` lL Or Fe���P!
A : d a 4 bed before me thi day of Odgser 2020
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(Notary P1lic Pnnted Name) �1 (Notary Seal)
My commission expires Go27 aia
Personally Known X Produced Identification
Type of Identification Produced Suelynn Stamperret
COMMISSION$GG232802
•
EXPIRES:June27,2022
Bolded 1Nb Aron Notary
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE
COUNTY LAND DEVELOPMENT CODE
October 21, 2020
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AN ORDNANCE BO WIE YONRCE , eE EWd OF COMITY ... ADOPTING
AMENOMEMS TO THE MDNROE COUNTY PVM THE GLrn' IY
TO MODIFY TIE DEFINITION OF Alv O�'�AAOFe�BS�O�R�T MODIFY THE
DEFINITION OF DWELLING tin OBOE DEFNRCH#FOAM .BE DEFINITION OF
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AN ORDNANCE RV MNMSEE COME ROAM M�NIV. EXTENDING
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DAYS TO DEFER GFN{W , ORR 'APPUOMONOHAT HAVE NOT
BEEN FULLY APPROVED MANOR LAND DE\TUMOR CODE AMENDMENTS,
DEVELOPMENT AGREEMENTS DMILOPMENT AXBEHIEBBA.AND MNOR AND
MAJOR CONOTONAL USE PERMITS APPUCAIONS PROPOSING ONLY AFFORDABLE
HOSING DWELLING UNGIN.WITH OCCUPANCY BY'THREE UINFINED PEOPLE'OR
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CODE REGARDING THE CdFMIORBOF WEUNG IMITIWOMOLD,FAMILYANATIE UNDEFINED
TERM ILOCI4OUT'OF A MEGA*WE PEWIOIC FOR BPIASON WOW Sr DAYS OF THE
EFFECTIVE DATE OF TNOB.NRBIM be/ELEMENT ORDNANCE CR MCI TIE'CCMPREHENSNE
PLAN MID LAND DEVELOPMENT COOS ASES MBNB BIOME EFFECTIVE WHICHEVER COMES
RRST;PROVIDING FOR SEV8 N3ILITY:MIMING FOR TRAtNSMR01LTOTHE STATE LAND PLANNING
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(FILE 2020-066)
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NOTICE OF CHANGE TO MONROE
COUNT OMP ' - IVE.PLAN
NOT ROE C ' e •ItAteletibt
COUNTY LAND DEVELOPMENT CODE
• October 21 2020 .:
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AN ORDINANCE' OOIUNIV OF°San CGMMIKODIEME 0(IENDING
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MAJORMAR CON0PERMITSS O 4 M LER PERMITS APRNS��ONLY AON
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AND APPLICATIONS Ir THE TERM 2020,UNILTHE
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(FILE 2020-008)
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Pursuant to Section 288.Ot09 florid'Sabde.Me anon derides to LRpeal any decision of the Beard of
County Comm&jonn wen ngct to ay matter ionsidered at the Amoy o he rb&bearthe will need
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October mm ea west an.n
a-4. o'' r Kevin Madok, CPA
. , Clerk of the Circuit Court&Comptroller—Monroe County,
; .. P Florida
November 4, 2020
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. 036-2020 extending an Interim
Development Ordinance as initially established on July 19,2017 through Ordinance 012-2017, and
extended through Ordinance 027-2019, for 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 November 8, 2020, until the BOCC can review and
possibly amend the Comprehensive Plan and land Development Code rewarding the definitions
of dwelling unit; household; family and the undefined tens"lock-out"of a dwelling unit; providing
for expiration within 365 days of the effective date of this Interim Development Ordinance or
when die Comprehensive Plan and hind Development Code amendments become effective,
whichever comes first; providing for severability; providing for transmittal to the State land
Planning Agency and die Secretary of State; providing for an effective date (File 2020-066).
This Ordinance was adopted by die Monroe County Board of County Commissioners at a
meeting, held in formal session, on October 21, 2020. Should you have any questions please feel
free to contact me at(305) 292-3550.
Respectully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
exof icio to the Monroe County
Board of County Commissioners
by:Pamela C. Hancock, D.0
cc: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
�tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 4, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 036-2020, which was bled in this office on November 4,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. DEO-21-003
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 036-2020
D
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C: 0
FINAL ORDER th` >,
APPROVING MONROE COUNTY ORDINANCE NO. 036-2020-<= (Ili
,D C
C
The Department of Economic Opportunity ("Department") hereby issues itiTinal OEler,o
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 036-2020(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 October 21, 2020, and rendered
to the Department on November 24,2020.
3. The Ordinance provides for an additional 365-day extension to a previously
approved interim development ordinance, Ordinance 012-2017, which was approved by
Department 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." Ordinance
018-2018, which was approved by Department Final Order DEO 19-027, previously provided a
1
Final Order No. DEO-21-003
365-day extension for Ordinance 012-2017. Ordinance 027-2019, which was approved by
Department Final Order DEO 19-039,previously provided a 365-day extension for ordinance 012-
2017.
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.
2
Final Order No. DEO-21-003
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.036-2020 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.
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.
�w 0
J es D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-21-003
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, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF 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
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-21-003
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 itaa 2021.
g c ler
De artment of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron
--Mayor,-Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5