Ordinance 044-2007
ORDINANCE NO.
044 -2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS IMPOSING AN INTERIM
DEVELOPMENT ORDINANCE PROHIBITING THE
APPROVAL OF NEW ALLOCATIONS OF ROGO OR NROGO
FOR BIG PINE KEY AND NO NAME KEY UNTIL SUCH TIME
AS A MITIGATION ORDINANCE IS ADOPTED BY THE
BOARD OF COUNTY COMMISSIONERS OR FOR TWO
MONTHS WHICHEVER OCCURS FIRST; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
INCONSISTENT PROVISIONS; PROVIDING FOR THE
TRANSMITTAL OF THIS ORDINANCE TO THE STATE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, utilization of the moratorium as a temporary measure to facilitate governmental decision-
making, study, and the adoption of comprehensive plan amendments and/or land development regulations,
is a legitimate governmental tool to facilitate logical and considered growth and a means of avoiding
inefficient and ill-conceived development; and
WHEREAS, development on Big Pine Key and No Name Key is subject to the requirements of the
Habitat Conservation Plan adopted in April, 2003 and the Master Plan for Future Development of Big
Pine Key and No Name Key which was effective in December, 2004 ; and
WHEREAS, Florida Department of Transportation, Monroe County and the Florida Department of
Community AlTairs received a Federal Fish and Wildlife Incidental Take Permit (rrp) dated June 9, 2006
which limits development based on the potential taking of threatened and endangered species; and
WHEREAS, a certain amount of property in its natural state is required to comply with the requirements
in the above documents; and
WHEREAS, to date, property owned by Monroe County as habitat for threatened and endangered species
has been sufficient to compensate for the permitted development on Big Pine Key and No Name Key; and
WHEREAS, there is no longer surplus real property constituting habitat for threatened or endangered
species owned by Monroe County sufficient to cover mitigation for public and private development; and
WHEREAS, property sufficient to compensate for the effects of development will have to be provided in
order to mitigate the effects; and
WHEREAS, Monroe County finds it in the best interest of the public to establish a temporary
moratorium on approval of allocations for building permits on Big Pine Key and No Name Key in order
to determine the extent of mitigation required and the method of exacting such mitigation;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY:
Section 1. Incorporation of Recitals. The Board of County Commissioners adopts the preceding
Findings of Fact and Conclusions of Law in support of its enactment of this Interim Development
Ordinance.
Section 2 . Interim Development Regulations. Commencing December i, 2007 Staff is directed to
defer the allocation of ROGO and NROGO awards for Big Pine Key and No Name Key until land
development regulations can be passed establishing methods and amounts of mitigation required for
allocations for building permits on Big Pine Key and No Name Key, or for a period of two (2) months,
whichever comes first, based on the quarterly evaluation and allocation system.
Section 3. SI!verability. The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this
Ordinance.
Section 4. Repeal of Conflicting 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 or
stayed as necessary during the effective dates of this ordinance.
Section 5. Approval by the State Department of Community Affairs. The provisions of this Ordinance
constitute a "land development regulation" as State law defines that term. Accordingly, the Monroe
County Clerk is authorized to forward a copy of this Ordinance to the State Department of Community
Affairs for approval pursuant to Sections 380.05(6) and (II), Florida Statutes and to the Secretary of State
for the State of Florida, as required.
Section 6. Effective Date. This Ordinance shall be effective immediately upon approval by the State
Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said Board on the 14th day of Nov. , 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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ATTE T: Danny 1. Kolh,Ae, ~L RK .
By: 1-.0.. 0hJ ~
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Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED AS 1: FORM:
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SUSAN M.
ASSISTANT COU
Date ~ Lr?r: /y
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.cIerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
December 7, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
Via Certified Mail 70072506000161070143
Enclosed please find a certified copy ofthe following Ordinance:
Ordinance No.044-2007 imposing an Interim Development Ordinance prohibiting the
approval of new allocations ofROGO or NROGO for Big Pine Key and No Name Key until such
time as a mitigation Ordinance is adopted by the Board of County Commissioners or for six
months whichever occurs first; providing for severability; providing for the repeal of all
inconsistent provisions; providing for the transmittal of this Ordinance to the State Department of
Community Affairs; 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 November 14, 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
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by: Isabel C. DeSantls, D. C.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
DCA Final Order No.: DCA07-0R-283
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 044-2007
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FINAL ORDER
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to !ls 380.05(6), Fla. Stat., and S 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 December 14,2007, the Department received for review Monroe County
Ordinance No. 044-2007 ("Ord. 044-2007"), adopted by Monroe County on November 14, 2007.
3. The purpose ofthe Ordinance is to impose an Interim Development Ordinance
prohibiting the approval of new allocations of ROGO or NROGO for Big Pine Key and No
Name Key until such time as a mitigation ordinance that will satisfy the mitigation required by
the Habitat Conservation Plan is adopted by the Board of County Commissioners or for two
months whichever occurs first.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
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).
5. Monroe County is a local government within the Florida Keys Area of Critical
DCA Final Order No.: DCA07-0R-283
State Concern. ~ 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. ~ 380.031 (8), Fla. Stat. (2006). The
regulations adopted by Ord. 044-2007 are land development regulations.
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 (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community AjJairs. 21 F.A.L.R. 1902 (Dec. 4, 1998), ajJ'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.
8. Ord. 044-2007 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.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands) dune ridges and beaches,
wildlife, and their habitat.
9. Ord. 044-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 044-2007 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
2
DCA Final Order No.: DCA07-0R-283
DONE AND ORDERED in Tallahassee, Florida.
~~~
CH A THIER, AlC "-
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 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 ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAY BE 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
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DNISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATNE 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
3
DCA Final Order No.: DCA07-0R-283
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 and correct copies have been furnished
to the persons listed below by the method indicated thi~ day of December, 2007.
~(,~ 1.),(
Pau a Ford, Agency Clerk
4
DCA Final Order No.: DCA07-0R-283
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
Florida Keys Marathon Airport
9400 OYers'~as Highway, Suite 210
Key West, Florida 33050
Danny L. Kcolhage
Clerk to the Board of County Commissioners
500 Whiteh'~ad Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand De:liverv or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
December 11, 2007
Attention: Isabel C. DeSantis, Deputy Clerk
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Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated December 7, 2007 and certified copy of Monroe Connty Ordinance No. 044-2007, which
was filed in this office on December 10, 2007.
Sincerely,
~cmJ
Program Administrator
LC/jru
DIRECTOR'S OFFICE
R.A. Gray Bwlding . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245,6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282