Ordinance 043-2002
ORDINANCE NO. 043 -2002
AN ORDINANCE REPEALING SECTION 9.5-122.3(a)(19), MONROE
COUNTY CODE, BY ELIMINATING POINTS FOR MODEST HOUSING
UNDER ROGO; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE MONROE CODE;
AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 9.5-122.3(a)(19) of the Land Development Regulations (LDRs)
currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to
the creation of moderately priced housing; and
WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113
which defines the specific criteria to determine if a house is to be eligible for 'modest housing'
points; and
WHEREAS, despite further clarification of the intent behind the modest housing point
criteria, problems implementing modest housing continued to occur; and
WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January
1 i\ 2002 directing Growth Management staff to defer the award of modest housing ROGO points for
90 days and to immediately begin working with the Planning Commission to review and prepare an
amendment to the LDRs concerning modest housing ROGa points; and
WHEREAS, the Planning Commission has held two public workshops, February 27,
2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the
regulations; and
WHEREAS, the Planning Commission has found that the modest housing and modular
construction criteria have inflated needed ROGO scores to receive an allocation, precluding
individuals who entered the system before the points were adopted and are no longer
competitive; and
WHEREAS, the Planning Commission has found that homes that have received
modest/modular points are being sold for a price higher than a moderate-income level family can
afford; and
WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to
recommend that the moratorium of awarding modest/modular points be extended so that the
language may be repealed from the LDRs;
Page 1 of 4
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WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of
County Commissioners passed Resolution 173-2002 directing the Growth Management division
to continue to defer the award of modest housing ROGO points until December 31, 2002 and to
draft language that will repeal the modest housing criteria from the Land Development
Regulations; and
WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to amend Section 9.5-122.3(a)(19) of the
Land Development Regulations; and
WHEREAS, the Development Review Committee passed Resolution No. D09-02
recommending approval of the proposed text amendment; and
WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County
Planning Commission conducted a public hearing on the proposed text and passed Resolution
No. P37-02 recommending approval of the proposed text amendment; and
WHEREAS, The Monroe County Board of County Commissioners were presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
1. The Staff Report prepared on December 2, 2002; by K. Marlene Conaway, Director,
Planning and Environmental Resources,
2. Proposed changes to the Monroe County Code,
3. The sworn testimony of the Growth Management Staff,
4. Comments by the public;
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department at a public hearing on June 19t\ 2002; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department a second time at a public hearing on December 18th, 2002; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact based on the evidence presented:
1. The intent of the modest housing point criteria was to encourage the development of housing
that had characteristics that make them more reasonably priced, and
Page 2 of 4
Initial
2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient
guidance in the point criteria do not assure that a house receiving modest housing points will
be moderately priced, and
3. Individuals who had applied for a residential building allocation before the modest housing
criteria was adopted and might have received an allocation because of points accrued through
years in the system, are no longer competitive and may not receive a allocation, and
4. As a result of the public workshops and a review of the regulations, the Planning
Commission has recommended that the point criteria for modest housing be removed from
both the Year 2010 Comprehensive Plan and the Monroe County Land Development
Regulations, and
5. At their regular meeting on April 1 ih 2002, the Board of County Commissioners passed
Resolution No. 173-2002 which extends the moratorium on the award of modest housing
points and directed staff to remove the modest housing point criteria from the Year 2010 Plan
and the Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law based on the evidence presented:
1. The intent of the 'modest housing' criteria was to encourage the development of houses with
'modest' characteristics that result in moderately priced housing, and
2. The point criteria has not resulted in encouraging moderately priced housing and artificially
inflated the score needed to obtain a ROGO allocation, and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the modest
housing criteria are not consistent with the other goals, objectives, and policies set forth in
the plan and therefore should be removed from the Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the Monroe County Code be approved, adopted and transmitted to
the state land planning agency for approval;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 9.5-122.3( a)(19) of the Monroe County Code is hereby repealed.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Page 3 of 4
Initial
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the
Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission finding the amendment in compliance with Chapter 163,
Florida Statutes.
Section 6. The Director of Growth Management is hereby directed to forward a copy
of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe County
Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of December 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Dixie Spehar
Page 4 of 4
Initial
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAO<(305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL (305) 292-3550
FAO< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAO< (305) 852-7146
January 21,2003
Mrs, Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 7927
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 039-2002 approving the request by the Monroe County Department of
Public Works to amend the Monroe County Future Land Use Map from Residential Medium
(RM) to Public Facility (PF) for property located on U.S. #1 described as Lot 1, Block 23,
Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key, Monroe County, Florida
approximate mile marker 21,
Ordinance No. 040-2002 amending the Monroe County Year 2010 Comprehensive Plan
by amending Policy 101.4.23; providing for the severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Year
2010 Comprehensive Plan; and directing the Clerk of the Board to forward a certified copy of this
Ordinance to the Florida Department of Community Affairs and providing an effective date.
Ordinance No. 041-2002 approving a request of the Monroe County Planning Department
to amend the Monroe County Year 2010 Comprehensive Plan by extending the dates of
completion of Objective 212,1, Policy 212.1.1, Policy 212.1.2 related to Shoreline Development;
Object 213,1, Policy 213,1. 1, Policy 213,1.2, Policy 213.1.4 related to Beach Access; Objective
401.1, Policy 401.1.1 related to mass transit; and Objective 1201.10, Policy 1201.10.1, Policy
1201. 10.2 related to recreation and open space.
Ordinance No. 042-2002 repealing Policy 101.5.4-19 of the Year 2010 Comprehensive Plan;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date,
Ordinance No, 043-2002 repealing Section 9.5-1223(a)(19), Monroe County Code, by
eliminating points for modest housing under ROGO; providing for the severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the
Monroe Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance
to the Florida Department of Community Affairs and providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 18, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
:~dOfC~
~ G. Hancock, D.C.
cc: County Administrator w/o documents
Growth Management
County Attorney
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•
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• Mrs. Liz Cloud, Chief
• Bureau of Administrative Code
The Collins Building
• 107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type
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PS Form 3800,June 2002 See Reverse for Instructions
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internallmprovement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Di vision of Cultural Affairs
Division of Historical Resources
Di vision of Library and Information Services
Division of ucensing
Division of Administrative Services
FLORIDA DEPARfMENT OF STATE
Ken Detzner
Secretary of State
DIVISION OF ELECTIONS
January 29,2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 21, 2003 and certified copies of Monroe County
Ordinance Nos. 039-2002 through 043-2002, which were filed in this office on
January 28,2003.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No.: DCAO3-OR-172
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 043-2002
FINAL ORDER
The Department of Community Affairs (the "Department")hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11),Fla. Stat., and § 380.0552(9),Fla. Stat. (2002), 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
1. 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 May 14, 2003,the Department received for review Monroe County Ordinance No.
043-2002 which was adopted by the Monroe County Board of County Commissioners on
December 18, 2003 ("Ord. 043-2002"). Ord. 043-2002 repeals Section 9.5-122.3 x (l ), r=
Monroe County Code, which provides Modest Housing point assignment criteriacp
• o
residential ROGO application scoring. �. E
3. Ord. 043-2002 is consistent with the County's 2010 Comprehensive Pi. �, o
CONCLUSIONS OF LAW T
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. §§ 380.05(6) and(11), Fla. Stat., and § 380.0552(9),Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552,Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8),Fla.
Admin. Code.
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DCA Final Order No.: DCAO3-OR-172
6. "Land development regulations" include local zoning, subdivision,building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2002). The
regulations adopted by Ord. 043-2002 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 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.
8. Ord. 043-2002 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.
(1) 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.
9. Ord. 043-2002 is not inconsistent with the remaining Principles. Ord. 043-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 043-2002 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.
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•
• DCA Final Order No.: DCAO3-OR-172
CHARLES GAU HIER, ACTING 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 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
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
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DCA Final Order No.: DCAO3-OR-172
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 d correct copies have been furnished
to the persons listed below by the method indicated this .dy of June, 2003.
Paula Ford,Agency Clerk'
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West,Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
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•
DCA Final Order No.: DCAO3-OR-172
By Hand Delivery or Interagency.Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5