Loading...
Ordinance 003-2008 ORDINANCE NO. 003-2008 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 9.5-120.5, EXTENDING THE MORATORIUM ON NEW TRANSIENT UNITS, SUCH AS HOTEL OR MOTEL ROOMS, OR CAMPGROUND, RECREATIONAL VEHICLE OR TRAVEL TRAILER SPACES; 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 Board of County Commission previously adopted Ordinance No. 001-2002, to extend the moratorium on new transient units from January 1, 2002 to December 31, 2006; subsequently Ordinance No.001-2007 was enacted extending the moratorium until December 31, 2007. 2. The prohibition on new transient units is necessary for staff to formulate a strategy to address the impacts associated with the development of new transient units. 3. Any strategy to permit new transient units must address the impacts of transient units on hurricane evacuation, workforce/employee housing, wastewater treatment, traffic volumes and the natural environment through increase in use of the reefs, and the waters off the Florida Keys. • 4. The Planning Commission held a public hearing on the proposed text amendment on January 8, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT: Section 1. Chapter 9.5 Article VII, Division 2, Monroe County Code, is hereby amended as follows: Sec. 9.5-120.5 Moratorium on new transient units. New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces shall not be eligible for residential ROGO allocations until December 31, 2008 or until new Land Development Regulations are adopted to permit new transient units. Section 2. Severability. 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. W:GROWTH MANAGEMENT BOCC GMD Agenda Items 200801 16 Transient Moratorium Transient Moratorium Ordinance.doc Page 1 of 2 Section 3.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. , 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a regular meeting held on the 16 th..day of January ,200 8 . Mayor Charles"Sonny"McCoy Yes Mayor Pro Tern Mario DiGennaro -Not Present Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Dixie Spehar Yes N Q 1 BOARD OF COUNTY COMMISSIONE£ �0- "' OF MONROE CO TY,FLORIDA -�°=" .:� t'+� -< N dt ., r— ( 3 @ckN BY —f s' �' - ' Mayor Charles"Sonny"McCoy , ' 1$ I.:v , , �9 N - ;-: L. KOLHAGE, CLERK fti4O 1 s, [OUNI R_. Ga..,..4.4,,,,e_k_i ,. MONROE COUNTY ATTORNEY APPRC pAST 6{ORM Deputy Clerk t .-f JJ2 — ,,Az,,,r Data: ^,-I+ .. --t J). t i4—e .i,,.. P:\Word\Growth Management\Ordinances\Transient Unit moratorium\Transient Moratorium Ordinapce.doc Page 2 of 2 } I', '`MONROLOUNTY COURTHOUSE Noh\ BRANCH OFFICE: 500 WHITEHEAD STREET,SUITE 101 r bco�aTy 0 14 PLANTATION KEY KEY WEST,FLORIDA 33040 :s' ° •. g• pa GOVERNMENT CENTER TEL. (305) 294-4641 ° 7 m 88820 OVERSEAS HIGHWAY FAX(305) 295-3663 • 1��, PLANTATION KEY,FLORIDA 33070 BRANCH OFFICE: y�oFcou...•••�e TEL. (305) 852-7145 FAX(305)852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305)289-6027 PLANTATION KEY,FLORIDA 33070 FAX (305)289-1745 www.clerk-of-the-court.com TEL. (305) 852-7145 FAX(305)853-7440 January 25, 2008 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7007 2560 0001 6107 0181 Dear Ms. Cloud, Enclosed please find a certified copy of the following Ordinance No. 004-2008 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 January 16, 2008. 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: Via E-Mail to the following: Growth Management County Attorney BOCC File ,, ,I i :-AipNRCileCLOUNTY COURTHOUSE BRANCH OFFICE: 5-00 WHiiHEAD STREET,SUITE 101 y...... co111 PLANTATION KEY KEY WEST,FLORIDA 33040 o°: "cu,44 4131 TEL. (305)294-4641 r - GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY FAX(305) 295-3663 • �'� 1 . PLANTATION KEY,FLORIDA 33070 BRANCH OFFICE: y'b••......•• oo- TEL. (305)852-7145 FAX(305)852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 50 HIGH POINT ROAD TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070 FAX (305) 289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 FAX(305) 853-7440 January 31, 2008 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7007 2560 0001 6107 0198 Dear Ms. Cloud, On January 25, 2008, you were sent a certified copy of Ordinance No. 004-2008 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. Please note that this action was done with erroneous information. The Ordinance should be disregarded and should not be filed for record. The Ordinance is actually Ordinance No. 003-2008 amending Section 9.5-120.5, extending the moratorium on new transient units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces; 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 January 16, 2008. 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: Via E-Mail to the following. Growth Management County Attorney BOCC File l'- CJ r'l ..lI r'l CJ CJ " o (Enj"n I ))1 L~;e CH ,j 'r: ee ImF:(q,p';ee! 'nail' ;~,:llir !d) i -"), . ,- J-.. -- K!DlJi'Il"yfet3! . 'nsn118;uir '0) , 1::1 I~~~~: ..lI U1 ru T"""'flro!Jl'~i~i f"- . er.fiO-.-Admin+8-tr3tAte.- ~ )l.._._u..I'l,A,..G_~1iy..BLJild_i_~_~_ .. l'- o:;~';::;;$O South 13ronougn sweer..........m......-m ,;;y ,ii, ,,;:l'aU atrasSe-";.H01'tOfl-..;-;.2,39.&i-O-,-'-............___ o..c.O... -UHm!!Ift!.. SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if F:estricted Delivery is desired. . Print your name and address on the reverse so that WH can return the card to you. . Attach this card to the back of the mailpiece, or on the 'front if space permits. 1. Article Addressed to: Ms. Liz Cloud Administrative Code & Weekly R. A. Gray Building 500 S llronough Street Tallahassee FL 32399-0250 (Ordinance 003-2008) . . . A. Signature o Agent o Addressee ...., f. Date of Delivery x D. Is delivery~~s~~refJ:MIf;! item 1? 0 Yes If YES, enter de1ivery adJ-rk's~'E.elow: 0 No CLEARED 3. Service Type ~rtified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.OD. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer fmm service label) PS Form 3811, February 2004 7007 2560 0001 6107 0198 102595-02-M-1540 Domestic Return Receipt FLORIDA DEPARTMENT of STATE . . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State February 7, 2008 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 31, 2008 and certified copy of Monroe County Ordinance No. 003-2008, which was filed in this office on February 4, 2008. Sincerely, ~ ,..., = .... 0 Cl = _.-" z ;po = ;0(")7: ..., ,..., ~C~:~ = h .. ("") . (~ ..' " -,-' :0> :.-< ::z: ~, ~.. .. -.., ;po f7-; .>:" U1 &+u QUtu5) Liz Cloud Program Administrator LC/jru DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDO: 850.922.4085 . bttp~l/dlis.dos.state.f].us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORlDA 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 f!50.245.6270 . FAX: 850.245.6282 DCA Final Order No.: DCA08-0R-069 ST ATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS / 5 0 :z ):~ ;0 :;:-:: DC")~" !"'~.,:( ':-".\' r' C'C)' ,-- '-.. ~ <=> => => ::J: > ;;0 I ...... " :x 1""," In re: MONROE COUNTY LAND DEVELOPMENT REGULA nONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 003-2008 ~~l r-- (-,j <J ':") .J ':~.J FINAL ORDER ;,-, -'1 ,- ~ :;;,... ...... The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007), 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 February 4, 2008, the Department received for review Monroe County Ordinance No. 003-2008 ("Ord. 003-2008"), adopted by Monroe County on January 16,2008. 3. The purpose ofthe Ordinance is to amend Section 9.5-120.5 of the Monroe County Code to extend the moratorium on New Transient Units such as Hotel Rooms, Motel Rooms, and Campground, Recreational Vehicle, and Travel Trailer Spaces until December 31, 2008 or until new land development regulations are adopted to permit new transient units. 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. !i 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stal. (2007). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. !i 380.0552. Fla. SIal. (2007) and Rule 28-29.002 (superseding Chapter 27F-8), DCA Final Order No.: DCA08-0R-069 Fla. Admin. Code. 6. '"Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2007). The regulations adopted by Ord. 003-2008 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 S 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 FAL.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. 8. Ord. 003-2008 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. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (I) To protect the public health, safety, and welfare ofthe citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. 9. Ord. 003-2008 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 003-2008 is consistent with the Monroe County Comprehensive Plan Policy 101.2.6, relating to the prohibition of new transient residential units; Goal 203, to protect and where possible enhance the health and integrity of living marine resources and marine habitat; Policy 301.2.2, to not permit new development that in combination with all other development would significantly degrade the Level of Service below the adopted Level of Service Standards; Goal 601, to adopt programs and policies to facilitate access by all current and future residents to 2 DCA Final Order No.: DCA08-0R-069 adequate and affordable housing; Objective 701.1, to ensure that adequate potable water and waste water treatment and distribution facilities are available to support the development at the adopted Level of Service Standards; and Policy 901.1.2, requiring the adoption of a Concurrency Management System to ensure that no permits will be issued for new development unless adequate sanitary wastewater treatment and disposal facilities necessary to support the development are available concurrent with the impacts of development. WHEREFORE, IT IS ORDERED that Ord. 003-2008 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. DONE AND ORDERED in Tallahassee, Florida. (la.., J ~~ ':l, lV( a~ CHARLES GAUTHIER, AICP 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 AOMINISTRA TIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED 3 DCA Final Order No.: DCA08-0R-069 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 MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENT A TIVE, 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 F ACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL 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 28-1 06, 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. 4 DCA Final Order No.: DCA08-0R-069 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 this 5 TJ2-day of March, 2008. ~/ d~.& '-? 4-n it Paula Ford, Agency Clerk Bv U.s. Mail: Honorable Charles "Sonny" McCoy 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 Andrew Trivette Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Bv Hand Delivery or Interagency Mail: Craig Diamond, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5 MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHITEHEAD STREET,SUITE 101 couNryo PLANTATION KEY •KEY WEST,FLORIDA 33040 %��'J••s`�M�.. F GO% VERNMENT CENTER TEL. (305)294-4641 • 7 �) 88820 OVERSEAS HIGHWAY U N� FAX(305)295-3663 /,o, oQ j PLANTATION KEY,FLORIDA 33070 1, •. o�� TEL. (305)852-7145 BRANCH OFFICE: I\ couNtv.F`� FAX(305)852-7146 MARATHON SUB COURTHOUSE \\\��"_ 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 50 HIGH POINT ROAD TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 FAX(305)853-7440 August 22, 2008 Ms. Liz Cloud,Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Fax (850) 245-6283 Dear Ms. Cloud, Attached is the corrected first page of Ordinance No. 003-2008 that was inadvertantly forwarded to you numbered as Ordinance No. 004-2008. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on January 16, 2008. 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: File