Ordinance 024-2009
BOCC June 17,2009
ORDINANCE NO. 024 -2009
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4 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS REQUIRING EXPEDITED
6 PERMITTING FOR AFFORDABLE HOUSING PURSUANT
7 TO F.S. SEC. 420.9071(16) AND F.S. SEC.420.9076(6);
8 REQUIRING A PROCESS FOR REVIEW OF
9 REGULATIONS THAT INCREASE THE COST OF
o HOUSING AS REQUIRED BY F.S. 420.9071(16) AND F.S.
1 420.9076(6); PROVIDING FOR SEVERABILITY;
2 PROVIDING FOR THE REPEAL OF ALL ORDINANCES
3 INCONSISTENT HEREWITH; PROVIDING FOR
4 INCORPORATION INTO THE MONROE COUNTY CODE
5 OF ORDINANCES; AND PROVIDING AN EFFECTIVE
6 DATE.
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8 WHEREAS, Monroe County participates in the State Housing Initiatives Partnership Program
9 (SHIP) and is a recipient of funding for its affordable housing programs and activities; and
o
1 WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida
2 Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, required local
3 governments to develop a one to three-year local Housing Assistance Plan outlining how funds
4 will be used; and
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6 WHEREAS, Monroe County, as a participant in SHIP, has developed and implements a Local
7 Housing Assistance Plan (LHAP) created to increase the availability of affordable housing to very
8 low, low and moderate income persons, essential services personnel, and those with special needs;
9 SHIP funds may be used for households up to 150% of the median income in areas of critical
o concern; and
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2 WHEREAS, the Board of County Commissioners adopted an amendment to its LHAP following
3 recommendations of the Affordable Housing Advisory Committee on January 28, 2009, pursuant
4 to FL 420.9076 and amended it at the direction of the Florida Housing Finance Corporation by
5 Resolution 149-2009 on May 20, 2009; and
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7 WHEREAS, the amendment was required to include at a minimum, the local housing incentive
8 strategies required under F.S. Sec. 420.9071(16) which are as follows:
9
o (16) "Local housing incentive strategies" means local regulatory reform or
1 incentive programs to encourage or facilitate affordable housing production,
2 which include at a minimum, assurance that permits as defined in s.
3 163.3164(7) and (8) for affordable housing projects are expedited to a greater
4 degree than other projects; an ongoing process for review of local policies,
5 ordinances, regulations, and plan provisions that increase the cost of housing
permitting priority and cost assessment 20090529 (2).doc528
BOCC June 17, 2009
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prior to their adoption; and a schedule for implementing the incentive
strategies. and
WHEREAS, F.S. Sec. 163.3164 defines the permits listed above as:
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7) "Development order" means any order granting, denying, or granting with
conditions an application for a development permit.
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(8) "Development permit" includes any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance, or
any other official action of local government having the effect of permitting
the development of land. and
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WHEREAS, the LHAP schedule for implementing ordinances to assure expedited permit
handling and the ongoing process for review is by December 31, 2009; and
WHEREAS, the Affordable Housing Advisory Committee unanimously approved the ordinance
and recommended that the BOCC pass the proposed ordinance at its meeting of May 13, 2009;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida:
Section 1. The following is added to Chapter 9 COMMUNITY DEVELOPMENT of the
Monroe County Code:
Section 9-2 Affordable Housing Permitting Priority
4
(a) Definitions:
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"Development order" means any order granting, denying, or granting with
conditions an application for a development permit.
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"Development permit" includes any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance, or
any other official action of local government having the effect of permitting
the development of land.
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(b) In regard to any development order or development permit as defined
above, affordable housing shall receive priority in processing and review of
applications and permits.
4
Section 9-3. Review of Regulations Affecting Housing Costs
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All ordinances, policies, resolutions, regulations, and comprehensive plan
provisions (Regulations) that may affect the cost of housing including those regarding
infrastructure, permitting, impact fees, or development process and approvals shall be
permitting priority and cost assessment 20090529 (2) without underlines.doc528
BOCC June 17,2009
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reviewed by the Growth Management Director, the Planning Director, the Building
Official and the Finance or Budget Director. The assessment shall evaluate whether the
new regulation does, in fact, affect the cost of housing including affordable housing.
Such evaluation shall be addressed in the staff report to the Board of County
Commissioners.
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Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4 The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. This ordinance shall take effect upon filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17th day of June, 2009.
Mayor George Neugent
Mayor Pro tem Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: A"..~.. 'n~,~
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DANNY. L.KOLHAGE, CLERK
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Deputy Clerk
Mayor George Neugent
permitting priority and cost assessment 20090529 (2).doc528
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
July 2, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2150
Dear Ms. Cloud,
Enclosed are the following Ordinances:
Ordinance No. 024-2009 creating Sections 9-2 and 9-3 of the Monroe County Code
regarding affordable housing permitting priority and the review of regulations affecting housing
costs.
Ordinance No. 025-2009 repealing and rescinding Ordinance No. 008-2008 concerning
amendments to the Monroe County 2010 Comprehensive Plan revising Sections of the Future
Land Use Element and the Conservation and Coastal Management Element regarding
recreational and commercial working waterfronts.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on June 17, 2009. 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:
Municipal Code Corporation-Ordinance 024-2009 only
Growth Management
County Attorney
BOCC
File
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FLORIDA DEPARTMENT or STATE
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
July 9, 2009
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 July 2, 2009 and certified copies of Monroe County Ordinance Nos. 024-2009 and 025-
2009, which were filed in this office on July 7, 2009.
Sincerely,
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DIRECTOR'S OFfICE
k...A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399. O~50
&50.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.statc.t1.us
COMMUNITY DEVELOPMENT
:i50.245.6600 . FAX: 850.245.h643
STATE LIBit.ARY OF FLORIDA
850.245.6600 . FAX: 8:::0.245.6744
ST A TE ARCHIVES 8F FLORIDA
850.245.6700 . FAX: 850.488.489,'~
LEGISLATIVE LIBRARY SERVICE
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RECORDS 1\1ANAGEMENT SERVICES
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ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI33041
Office. . . .305-292-7777
Extension....... .x219
Fax...... .305-295-8025
leaals@kevsnews.com
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freepress@f1oridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida;
that the attached copy of advertisement, being a legal notice in the matter of
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was published in said newspaper in the issue( s) of
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~ant further s:YS that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding the
first publication of the attached copy of advertisement; and affiant further says
that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said ~~
Signature of Affiant
Sworn and subscribed before me this 3 day of / ~
- ~
, 2009
Notary Public:
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'~...~:~.~ MARSHA F.IORKWOOO
f.: . ~~ MY COMMISSION # DO 890880
~.v. .,~~ EXPIRES: September 15,2013
~'J1,RY.,~~' Bonded Thru Notary Public Undenwiters
Personally Known x Produced Identification
Type of Identification Produced
1111,
' -NOTICE OF INTENTION TO '
CONSIDER -
ADOPTION OF COUNTY
ORDINANCE - .-
NOTICE IS HEREBY GIVEN TO
.WHOM IT MAY CONCERN that .
on Wednesday, June 17, 2009 at .
3:00 PM at the Marathon Govern-
. f ment Center, 2798 Overseas
Highway, 2nd Floor, Monroe
.' ' County, Florida, the Board of
County Commissioners of Monroe
:.County, Florida,. intends to con- .'
sider the adoption of the
following County ordinance:
AN ORDINANCE OF THE '
' MONROE COUNTY BOARD OF i
' ,f• .'' . ,•.;--,, 1 COUNTY COMMISSIONERS . .
• • , •• REQUIRING EXPEDITED
PERMITTING FOR '
AFFORDABLE HOUSING
PURSUANT TO F.S.SEC. - .
420.9071(16)AND F.S.SEC.
! 420.9076(6);REQUIRING A
. IPROCESS FOR REVIEW OF
REGULATIONS THAT INCREASE
THE COST OF HOUSING AS
. 'REQUIRED BY F.S.420.9071(16) •
AND F.S.420.9076(6);
. , PROVIDING FOR' ,
SEVERABILITY;PROVIDING
- FOR THE REPEAL OF ALL - •
ORDINANCES INCONSISTENT .
HEREWITH;PROVIDING FOR ., . • '
INCORPORATION INTO THE • .
MONROE COUNTY CODE OF;
ORDINANCES;AND PROVIDING .
AN EFFECTIVE DATE. 1 -
Further, pursuant to Section
286.0105, Florida Statutes, notice
is hereby given that if a person de-
cides to appeal any decision made •
by the hearing officer of the Board ,
of County Commissioners, he may •,
need a record of the,proceedings, _
and that for such purpose, he may
need to ensure that a verbatim re-
'cord of the proceedings is made, .
which record includes the testi- - .
mony and evidence upon which .
the-appeal is to be based.
..�' '` 1 ADA Assistance: Anyone needing '. •
1 special assistance at the hearing' .
• i due to a disability should contact •. .
,the Planning Department at (305)
•
.I 289-2500 by 5 PM, Friday, June •
12,2009.
• . , Copy of the above-referenced or-
dinance is available for review at .
the Monroe County Planning and • ,
' Environmental Resources office in
Marathon, also -on the website _ -
Y = www.monroecounty-fl:gov:
Dated at Marathon, Florida, this
28TH day of MAY,-2009.
DANNY L.KOLHAGE,
1. , ;; Clerk of the Circuit Court 4.
and ex•officio Clerk of the .
r; .,_, , •• 'Board of County Commissioners '
- of Monroe County,Florida
' June 3,2009
- O24
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Tuesday, July 07, 2009 1 :29 PM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle Sw. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
i nfCl@llll,JniC::ClcJ~COm
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 2
Recorded: 4/23/20093:07:24 PM
We have received the following material through Hard Copy/Electronic.
! < TR>
Document Adoption
Ordinance No. 009-2009 4/15/2009
Ordinance No. 010-2009 4/15/2009
Ordinance No. 011-2009 4/15/2009
Ordinance No. 012-2009 5/20/2009
Ordinance No. 013-2009 5/20/2009
Ordinance No. 015-2009 5/20/2009
Ordinance No. 016-2009 5/20/2009
Ordinance No. 014-2009 5/20/2009
Ordinance No. 023-2009 6/17/2009
Ordinance No. 024-2009 6/17/2009
***CljGknh~r~ to see the full list of recorded ordinances for the next supplement. ***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682
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