Ordinance 018-2008
ORDINANCE NO. 018 - 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADDING SECTION 9.5-266.1 "AFFORDABLE
HOUSING INCENTIVE PROGRAM"; PROVIDING A PROGRAM
DEALING WITH MOBILE HOMES; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters; and
WHEREAS, on July 18, 2007 the Board of County Commissioners (BaCC)
adopted a temporary moratorium on the acceptance of development applications for the
redevelopment of mobile home parks, commencing retroactively to when a zoning in
progress was initiated by the Bacc on May 16,2007 and which expired six months later
on November 16, 2007; and
WHEREAS, the Bacc gave direction to the Workforce Housing Task Force and
the Department of Planning and Environmental Resources to examine the existing land
development regulations regarding the protection of mobile homes from displacement with
market-rate housing; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 projected the number of housing units needed for resident
households of Monroe County by 2002 according to various income groups as 7,093
dwelling units for "Very Low" income households, 5,320 dwelling units for "Low"
income households, and an additional 5,528 dwelling units needed for "Moderate" income
households (p. 7-24); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 also states that the "public sector can provide for a variety
of densities which can increase the flexibility of the private sector to provide affordable
housing in more situations" (p. 7-33); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 confirms that "Land prices in Monroe County represent a
higher proportion of total development costs than in any other part of Florida" (p. 7-33);
and
WHEREAS, the Momoe County Year 2010 Comprehensive Plan Policy 601.1.12
directs the County to "adopt Land Development Regulations which may include density
bonuses, impact fee waiver programs, and other possible regulations to encourage
affordable housing"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2
directs the County to "adopt programs and policies to encourage housing of various types,
sizes and price ranges to meet the demands of current and future residents"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6
directs the County to "formulate housing implementation programs corresponding to each
of the specific objectives defined within this element, including incentive programs to be
implemented in conjunction with the Permit Allocation System, to promote the
development of affordable and elderly housing"; and
WHEREAS, the Board of County Commissioners makes the following findings of
fact:
l. Momoe County and its municipalities have a mutual interest in preserving and
providing affordable housing countywide.
2. According to Section 7.1.1, A, Type and Tenure, of the Technical Document,
housing units classified as mobile homes and trailers comprise approximately
33% of the total housing stock of the Keys.
3. The implementation of this ordinance may protect this segment of the housing
stock available for the critical workforce.
4. The amendments proposed herein do not prohibit replacement of existing
mobile homes and preservation of permitted mobile home uses consistent with
existing safety and building code regulations.
5. The amendments set forth herein may facilitate and encourage re-development
that includes a range of housing opportunities through a variety of residential
types, increase affordable housing opportunities within the County, and
stimulate the provision and preservation of affordable housing within the
County.
6. There is limited land area suitable for residential development remaining in the
County.
7. The unmitigated re-development of market-rate housing and conversion from
existing mobile home use would exacerbate the workforce housing crisis for in
Monroe County by consuming the limited remaining developable lands in the
Keys and the limited number of development permits available.
8. These amendments to the land development regulations specifically further
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Section 163.3202(3), F.S., by implementing innovative land development
regulation provisions such as transfer of development rights, incentive and
inclusionary housing.
9. The amendments to the land development regulations are necessary to help
ensure that, despite the limited availability of developable lands, the County's
existing and future housing stock includes adequate affordable housing
opportunities.
10. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives, and policies of the Year 2010
Comprehensive Plan.
WHEREAS, on August 21, 2007 the Development Review Committee convened
to review the proposed text amendment and duly considered revisions and modifications
suggested by staff and the public to clarify language and terms; and
WHEREAS, on September 26, 2007 the Monroe County Planning Commission
heard this proposed text amendment, and in due consideration of public testimony and
recommendation by staff, continued the item to the October 10, 2007 meeting in
Marathon with direction to staff to make necessary revisions prior to that meeting. The
proposed text amendment was presented to and discussed at the Workforce Housing Task
Force meeting held on October 9, 2007, with comments and recommendations presented
to and considered by the Planning Commission at its October 10, 2007 meeting. The
Planning Commission continued the item with instructions for additional changes for a
final Planning Commission hearing to be held in Key Largo on October 24, 2007, where
yet more revisions were directed by the Planning Commission; and
WHEREAS, on December 19, 2007 the BOCC held a public hearing on the
proposed ordinance and in due consideration of public comments and recommendations,
continued the hearing until its January 16, 2007, at which date it approved and adopted
Ordinance No. 02-2008.
WHEREAS, on April 30, 2008 the Department of Community Affairs issued its
Final Order rejecting Ordinance No. 02-2008 because it failed to expressly limit receiver
sites to Tier 11I and to areas not located within a Velocity Zone.
WHEREAS, staff has made the necessary revisions to the ordinance to comply
with DCA's objections; and
WHEREAS, on June 24, 2008, the Development Review Committee heard and
approved and on June 25, 2008, the Monroe County Planning Commission heard and
approved the proposed text amendment; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1. The preceding findings support the decision of the Board to approve the
amendments to the Land Development Regulations of the Monroe County Code as
provided herein:
Section 2.
Section 9.5-266.1 is hereby created as follows:
SEC. 9.5-266.1 Affordable Housing Incentive Programs
I) Purpose and Intent: The intent of this section is to set forth a program to help
incentivize affordable housing development within Monroe County.
2) PrOb'fam I: Transfer ofROGO Exemptions from Mobile Home Parks
a) Purpose and Intent: The intent of this program is to establish an appropriate
incentive for Mobile Home Park owners to maintain mobile home park sites,
mobile home developments in URM and URM-L districts, and contiguous parcels
under common ownership containing mobile homes where any of the foregoing is
presently serving as a primary source of affordable housing in Monroe County (any
of the foregoing being an "Eligible Sender Site") by providing an alternative
development strategy to straightforward market-rate redevelopment. This program
is intended to allow the transfer of market rat,e ROGO exemptions associated with
lawfully established dwelling units now existing at an Eligible Sender Site to be
transferred to another site or sites in exchange for maintaining an equal or greater
number of deed-restricted affordable dwelling units within Monroe County. This
program seeks to address the housing needs of the Florida Keys as a regional
obligation.
This program provides an Eligible Sender Site owner the opportunity to transfer
market rate ROGO exemptions currently associated with existing and lawfully
established dwelling units from Eligible Sender Sites to receiver site(s) within
Monroe County, provided that it involves the pooling of affordable dwelling unit
rights for redevelopment at donated, purchased or otherwise appropriately deed-
restricted sites, and transfer of ROGO exemptions or allocations for the purpose
of implementing and facilitating one or more affordable housing projects. The
provisions of this section shall control over all contrary provisions of this chapter
related to the transferability of ROGO exemptions.
b) Procedure:
i) This transfer shall require an approved Development Agreement.
ii) Minor Conditional Use approval is required to complete the transfer.
iii) A Development Agreement shall not be required for an Eligible Sender Site
containing 10 or fewer mobile homes. For the purposes of this exception,
property owners shall not be permitted to subdivide by deed, split ownership
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or otherwise divide larger contiguous parcels containing more than 10 mobile
homes to create parcels containing fewer than 10 mobile homes.
c) Development Agreement Requirements:
i) Sender Site Restrictions:
(I) ROGO exemptions transferred under this program may be transferred on a
I for I basis where the ROGO exemptions are to be transferred to single-
family residential lots or parcels within the same ROGO planning subarea.
However, where transfers are to be made to commercial or recreational
working waterfronts (as defined by Florida Statutes), or to multi-family
projects in non-IS districts, the transfers shall result in no fewer than two
(2) deed-restricted affordable or workforce housing units remaining on
anO Eligible Sender Site(s) for each market rate ROGO exemption
transferred. This section expresses the County's preference for transfer of
ROGO exemptions to single-family lots/parcels. The following examples
are set forth only to show some potential transfer scenarios. A given
potential scenario may depend upon availability of affordable ROGO
allocations provided by the County.
Example I: Transfer on a I for I basis.
Existing 100-unit mobile home park. A Development
Agreement with the County may, if approved, allow the
owner to transfer up to 100 ROGO-exemptions to single-
family lots/parcels as long as an equivalent number of
deed-restricted affordable dwelling units remain or are
created on one or more Eligible Sender Site(s)
Example 2: Transfer on a I for 2 basis.
The same existing 100-unit mobile home park. A
Development Agreement with the County may, if
approved, allow the owner to transfer up to 50 ROGO-
exemptions to commercial or recreational working
waterfront or multi-family projects in non-IS districts, as
long as at least twice as many deed-restricted affordable
dwelling units remain or are created on one or more
Eligible Sender Site(s).
Example 3: Transfer on both I for I and I for 2 basis.
The same existing 100-unit mobile home park. A
development agreement with the County may, if
approved, allow the owner to transfer up to 25 ROGO
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exemptions to a commercial or recreational working
waterfront Mixed Use parcel, and 50 ROGO-exemptions
to single-family lots/parcels, as long as 100 deed-
restricted affordable dwelling units remain or are created
on one or more Eligible Sender Site(s).
(2) The Eligible Sender Site property(ies) shall be donated or sold to Monroe
County, or otherwise appropriately deed-restricted for long-term
affordability. Prior to acceptance of a donated or purchased parcel, all
units to be maintained on site shall pass a life safety inspection conducted
in a manner prescribed by the Monroe County Building Department.
Monroe County may then lease the sender site property to a party who will
serve as lessee and sub-lessor of the Eligible Sender Site(s).
(3) The number oftransferred ROGO exemptions shall not exceed the number
of restricted affordable dwelling units maintained at the Eligible Sender
Sites.
(4) The resulting development or redevelopment of affordable housing
pursuant to the governing development agreement will be targeted to serve
as closely as possible the following household income categories: 25%
very low income households, 25% low income households, 25% median
income households, and 25% moderate income households (or as
otherwise approved by the BOCC).
(5) Lot rents and/or sales prices for resulting deed-restricted dwelling units
shall be established in accordance with restrictions outlined in Florida
Statutes and/or the Monroe County Code.
(6) All units designated by the applicable development agreement to remain
as deed restricted affordable housing at the donated, purchased or
appropriately deed-restricted site(s) shall comply with hurricane standards
established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance shall
be accomplished in a manner and within a timeframe set forth in the
Development Agreement or, if applicable, in the relevant Minor
Conditional Use.
(7) A Development Agreement proposed under this program shall not utilize
more than 50% of the existing affordable housing allocations then
available to Monroe County, unless otherwise approved by the BOCC.
(8) All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate
alternate or additional locations, shall remain in the same planning sub-
district as the original sender site(s).
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d) Minor Conditional Use Requirements:
i) Receiver Site Criteria:
(1) The receiver site shall be located in a Tier III designated area.
(2) The receiver site shall not be located in a Velocity (V) zone.
(3) A property owner cannot receive a certificate of occupancy for any unit
constructed as a result of a transferred RaGa-exemption until all
corresponding Eligible Sender Site units are completed and deed-restricted
as affordable dwelling units.
(4) All or any portion of the redeveloped or preserved affordable housing
units may be redeveloped or retained at one or more alternate or additional
locations donated or sold to Monroe County, identified in the
Development Agreement and otherwise compliant with the remainder of
this section, including but not limited to the requirements set forth in
subsection 2.c)i)(2).
(5) Transferred ROGO-exemptions shall remain in the same RaGa planning
subarea.
e) Nothing herein shall preclude the County's replacement of sender site dwelling
units with affordable allocations and recovery and transfer of market-rate ROGO-
exemptions from the sender sites for use in administrative relief programs or other
like purposes.
Section 3. 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.
Section 4. Conflicting Provisions
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or County law, rule, code or regulation, the
more restrictive shall apply.
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Section 5. Transmittal
This ordinance shall be transmitted by the Planning and Enviromnental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 380.05(6)
and (11).
Section 6. Filing
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
Administration Commission approving the ordinance.
Section 7. Effective Date; Incorporation into Code of Ordinances.
This ordinance shall become effective as provided by law and stated above and shall be
incorporated into the Monroe County Code of Ordinances at such time. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 20th day of August, 2008.
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Mayor Mario Di Gennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
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BOARD OF COUNTY COMMISSIONERS
OF MONR~Y/'r<~IDA
BY: :AW~
Mayor Mario Di Gennaro
L. KOLHAGE, CLERK
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ASSISTANT COUNTY ATTORNEY P
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
!v1ARA THON SL:B COLRTHOUSE
~1170VERSEAS HIGHWAY
MARATHOl'\, FLORIDA 33050
TEL (305) 289-6027
F,\X (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A TION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDfNG
50 HIGH POINT ROA D
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
September II, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412099
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 018-2008 by the Monroe County Board of
County Commissioners adopting an amendment to the Land Development Regulations by adding
Section 9.5-266.1 "Affordable Housing Incentive Program"; Providing a program dealing with
mobile homes; Providing for severability and repeal of inconsistent provisions; Providing for
transmittal to the Department of Community Affairs and the Secretary of State; Providing an
effective date; Providing for incorporation into the Monroe County Code of Ordinances.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on August 20, 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
BaCC
File
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so that we can return the card to you.
· J\ttach this card to the back of the mail piece,
Cor on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
Fi.A. Gray Building
500 South Bronaugh Street
T~IJahassee. Florida 32399-0250
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2. Article Number
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FLORIDA DEPARTMENT of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
September 18, 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 September 11,2008 and certified copy of Monroe County Ordinance No. 018-2008, which
was filed in this office on September 15,2008.
Sincerely,
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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.dos.state.n.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
srATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARClllVES 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
DCA Final Order No.: DCA08-0R-300
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 018-2008
/
FINAL ORDER
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
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 September 19,2008, the Department received for review Monroe County
Ordinance No. 018-2008 ("Ord. 018-2008"), adopted by Monroe County on August 20,2008.
3. The purpose ofthe Ordinance is to add Section 1.5-266.1, Affordable Housing
Incentive Program, to allow the transfer of market rate ROGO exemptions associated with
lawfully established dwelling units existing at mobile home parks to be transferred to another site
or sites in exchange for maintaining an equal or greater number of deed-restricted affordable
dwelling units within Monroe County.
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. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
DCA Final Order No.: DCA08-0R-300
Fla. Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. S 380.031 (8), Fla. Stat. (2007). The
regulations adopted by Ord. 018-2008 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 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. 018-2008 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.
(b) To protect shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
(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.
(i) To limit the adverse impacts of public investments on the
environmental resources ofthe Florida Keys.
(j) To make available adequate affordable housing for all sectors
of the population of the Florida Keys.
9. Ord. 018-2008 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 018-2008 is consistent with the Monroe County Comprehensive Plan Policy
101.5.8.6, relating to the Transfer of ROGO Exemption program; Policy 205.2.2, discouraging
development in Tier I and within tropical hardwood hammock or pinelands; Policy 601.1.12, to
allow for density bonuses to encourage affordable housing; Objective 601, to further affordable
2
DCA Final Order No.: DCA08-0R-300
and eliminate substandard housing; Objectives 101.14 and 217.3, to direct future growth away
from areas subject to periodic flooding, and away from the Coastal High Hazard Area; and
Objective 102.8, to discourage private development in areas designated as units of the Coastal
Barrier Resources System.
WHEREFORE, IT IS ORDERED that Ord. 018-2008 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.
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CHAR AUTHIER, 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
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
3
DCA Final Order No.: DCA08-0R-300
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
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATNE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATNE, 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), FLORIDAADMINISTRATNE 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-300
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 2L- day of October, 2008.
~ Paula Ford, A
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
Andrew Trivette
. Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Deliverv or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, AssistaJ}t General Counsel, DCA Tallahassee
5
Email Confirmation
Page 1 of2
FILED FOR RECORD
2009 JAN -5 AM 10: 50
ANNY L. I\OLHAGE
CUI. CIR. CT.
':lii:"r::: rOtlHTY. Fl A
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW.j32310l
Tallahassee, FL 323 6-2235
850-576-3171
Fax: 850-575-8652
iofu@mJJ.uJcQJ;!Jb.QQffi
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 1
Recorded: 8/1/20088:54:43 AM
We have received the following material through Hard Copy/Electronic.
Document Adoption
Ordinance No. 017-2008 7/16/2008
Ordinance No. 016-2008 7/16/2008
Ordinance No. 026-1999 6/9/1999
Ordinance No. 012-2008 3/19/2008
Ordinance No. 018-2008 8/20/2008
Ordinance No. 030-2008 12/8/2008
If you are sending the ordinances in electronic form and printed form, we assume
the electronic version of the ordinances reflects the ordinances as adopted. We
do not proofread against the printed version of the ordinance if the printed copy is
submitted. Please contact us if you have questions.
. You can also "GO GREEN" and reduce the numl;>er of supplemel1t copies you
receive or just get a PDF of the supplement to prrnt your own copies.. .asK us
how - email info@municode.com.
· Update the internet version oryour Code more often than a printed
supp.lement. We can update the Internet quarterly, montnly, even weekly. For
additional information email illfo@mullicodEl.colll.
· We can post newly enacted ordinances in the online Code after each meeting.
. ~~~~~~K~~rp~9~~~:~~~~:H~~!~~~~~~~~;gJ!Ce~~~.~~it MCCi for more
. We can provide ~ solutionforDoQument a['ld Records Management, imaging
or scanning services. Contact us for more Information at
info mccinnovations.com or visit MCCi.
. amlnQ Qot YOlJ own? We can _provi~e invoice and statement printinQ and
proce-sSing utility bills and tax rJills. or more information emall us ar
. ~~~~cg~1fuW~~;'fgWianage your Contracts? Visit MCCi's website to learn
more about automating your contract management processes. MCCi
· Ever need to search in several online Codes for a sample ordinance? Try our
Multiple Code Searching. For more information email usatinfo@l11ullicocJEl.COI11.
· We can do more than just codes... Please visit our Company On-line Brochure
at: http://www.municode.com/aboutlbrochure.pdf
,', CopyTlght2005 MCC All rights re,erved.
http://intranet.municode.com/bis/Recording/acknowledgePrint.asp?jobid=94397 &print=tr... 12/30/2008
Email Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
~ .~ i~~:~~ I-
V" ::- \l'i""O:::~AIifI8:oIlJ'
::s . : ~ ~ PIINIV80WD
o . . 02 1M $ 00.420
t; 0004213441 DEe 30 2008
~. MAILED FROM ZIP CODE 3231 0
Mr. Danny Kolhage
Clerk of Court
Monroe County, FL (County)
500 Whitehead Street
Suite 101
Key West, Florida 33040
3304C;+&.E,8 i 1../1" ,1/, II", ,1../11",,/1.,. I. I .1..1",. ". ,',1,11",,1,11
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http://intranet.rnunicode.comlbis/Recording/ acknow ledgePrint.asp?jobid=943 97 &print=tr... 12/30/2008