Ordinance 004-2007
ORDINANCE NO. 004 - 2007
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-
120.6, EXTENDING THE MORATORIUM ON TRANSFER
OF RECREATIONAL VEHICLE SPACES TO HOTEL AND
MOTEL UNITS OFF-SITE; 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 Monroe County Code Section 9.5-120.4(b)a. iii(1)(a)(i) allows the off-site
transfer and redevelopment of lawfully established RV spaces as hotel or motel
rooms.
2. A significant number of unlawful conversions ofRV spaces into permanent residency
have occurred overtime, which has provided affordable housing for many low and
moderate income persons in Monroe County.
3. Existing regulations governing R V s as transient residential units has been inadequate
to preclude the conversion of existing RVs into permanent residencies, which is
contrary to the Comprehensive Plan and Land Development Regulations and has
many undesirable consequences for the County in terms of both its tourist industry
and safe and adequate housing for its low and moderate income households.
4. The transfer and conversion of RV spaces currently used for affordable housing into
hotel or motel rooms exacerbates the existing affordable housing crises by decreasing
the availability of affordable housing and increasing the demand for such housing
required for staffto serve these new transient units.
5. Additional time is required to sufficiently allow background studies to be completed
and regulations drafted to address county wide problems with regulations of RVs
including more up to date information on the extent of the problems with conversions.
6. The Planning Commission, at a regularly scheduled public hearing on December 19,
2006, considered the proposed text amendment and made a recommendation not to
extend the moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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Page I of3
Section 1. Chapter 9.5 Article VII, Division 2, Monroe County Code, is hereby amended
as follows:
Sec. 9.5-120.6 Moratorium on off-site transfer of recreational vehicle spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room
under the provisions of Sec. 9.5-120.4 (b) until December 31,2007.
Section 2. Severabilitv.
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 thereof 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 3. 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 4. 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.
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
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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 March ,2007.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Page 3 of3
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ((305)289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
SOD WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
F AJ( (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ( (305) 852-7146
April 13, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 70041160 000719747831
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 004-2007 amending Section
9.5-120.6, extending the moratorium on transfer of recreational vehicle spaces to hotel and motel
units off-site; 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 Meeting held in formal session on March 21,2007. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: GrowIh Managemenl
County Attorney
HOCC
File
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FLORIDA DEPARTMENT of STATE
. .
CHARLIE CRIST
Govemor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 23, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated Aprill 13, 2007 and certified copy of Monroe County Ordinance No. 004-2007, which was
filed in this office on April 20, 2007.
Sincerely,
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Liz CloUQ
Program Administrator
DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dOll.state.f1.us
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STATE LIBRARY OF FLORIDA
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STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
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RECORDS MANAGEMENT SERVICES
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ADMINISTRATIVE CODE AND WEEKLY
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DCA Final Order No.: DCA07-0R-093
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 004-2007
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
FINAL ORDER
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pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(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 April 27, 2007, the Department received for review Monroe County
Ordinance No. 004-2007 ("Ord. 004-2007"), adopted by Monroe County on March 21, 2007.
3. The purpose of the Ordinance is to amend Monroe County Code Section 9.5-
120.6 to extend the current moratorium for the off-site transfer of recreation vehicle spaces to a
hotel or motel room until December 31, 2007. A moratorium on the transfer of recreation
vehicle spaces to a hotel or motel will allow the County the ability to address the impacts of the
conversion of recreational vehicle spaces on the availability of safe and adequate housing for low
and moderate income households.
4. Ordinance 004-2007 is consistent with the 2010 Monroe County Comprehensive
Plan, Policy 101.2.6 and Goal 601.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
DCA Final Order No.: DCA07-0R-093
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2006).
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2006). The
regulations adopted by Ord. 004-2007 are land development regulations.
8. 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 S 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.
9. Ord. 004-2007 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
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.
(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.
10. Ord. 004-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 004-2007 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
2
DCA Final Order No.: DCA07-0R-093
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.
~j?~Z
CHARLESGAUT IER,A~P
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
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 I 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
3
DCA Final Order No.: DCA07-0R-093
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 DAYS 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.
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 of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true W'i:!..rrect copies have been furnished
to the persons listed below by the method indicated this nay of May, 2007.
~~k
4
DCA Final Order No.: DCA07-0R-093
Bv U.S. Mail:
Honorable Mario Di Gennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref loulani
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