Ordinance 023-2010
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 023 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 138-23, MORATORIUM ON NEW
TRANSIENT UNITS, TO REVISE THE DATE ON WHICH
THE MORATORIUM SHALL EXPIRE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, language concerning the moratorium on new transient units exists in both
the Monroe County 2010 Comprehensive Plan and the Monroe County Code; and
WHEREAS, in 1996, a moratorium on new transient units was enacted by the Board of
County Commissioners with the adoption of the Monroe County Year 2010
Comprehensive Plan and Policy 101.2.6 therein. Comprehensive Plan Policy 101.2.6
required the County to adopt a land development regulation by January 4, 1996
prohibiting new transient residential units until December 31, 2001 and also required the
County to either extend the prohibition until December 2006 or revise the Rate of Growth
Ordinance (ROGO) permit allocation system to allocate a percentage of residential
growth to transient units. In 2009, Ordinance #035-2009 amended Comprehensive Plan
Policy 101.2.6 to extend the moratorium until July 31, 2010; and
WHEREAS, in order fulfill the requirement of Comprehensive Plan Policy 101.2.6 to
adopt a land development regulation prohibiting new transient units, in 1999, the Board
of County Commissioners adopted Ordinance #047-1999, thus establishing Monroe
County Code Sec. 9.5-120.5, which stated: 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 January 1, 2002; and
Page 1 of 4
WHEREAS, in 2002, Ordinance #001-2002 amended Sec. 9.5-120.5 to read: New
transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle: or travel trailer spaces, shall not be eligible for residential RaGa allocations until
December 31, 2006; and
WHEREAS, in 2007, Ordinance #001-2007 amended Sec. 9.5-120.5 to read: New
transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential RaGa allocations until
December 31, 2007 or until new Land Development Regulations are adopted to permit
new tnmsient units; and
WHEREAS, in 2008, Ordinance #003-2008 amended Sec. 9.5-120.5 to read: New
transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential RaGa allocations until
December 31, 2008 or until new Land Development Regulations are adopted to permit
new transient units; and
WHEREAS, in 2009, Sec. 9.5-120.5 was renumbered to Sec. 138-23; and
WHEREAS, as last revised by Ordinance #003-2008, Sec. 138-23 provides a
moratorium expiration date of December 31, 2008 or until new Land Development
Regulations are adopted to permit new transient units; and
WHEREAS, Ordinance #035-2009 had already amended Comprehensive Plan Policy
101.2.6 to extend the moratorium until July 31, 2010, as policies within the
comprehensive plan supersede regulations with the Monroe County Code, the
moratorium remains in effect; and
WHEREAS, since the last extension of the moratorium by Ordinance #035-2009, staff
has reviewed data relating to the need for additional transient units and formulated
several options on how the County could permit new transient units if a need for
additional transient units is demonstrated; however additional time is required for staff to
complete the review of data, sufficiently analyze said data and finalize the options for
presentation to the public, Planning Commission and the Board of County
Commissioners; and
WHEREAS, Comprehensive Plan Policy 101.2.6 and Monroe County Code Sec. 138-23
have nt~ver been amended at the same time to provide the same expiration date, and in
order alleviate confusion, staff is concurrently amending both Policy 101.2.6 and Sec.
138-23 to provide the same new expiration date of December 31, 2011; and
Page 2 of4
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Sec. 138-23 shall be amended as follows:
Sec. 138-23. 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, 2011.
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.
Section 3. Conflictin2 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.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 5. Filin2.
This ordinance shall be filed in the Office of the Secretary of the 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 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto.
Section 7. Effective Date.
Page 3 of 4
This ordinance shall become effective as provided by law and stated above.
PASSE:D AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 29th day of June , 2010.
Mayor Sylvia Murphy
Mayor pro tern Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
Yes
Yes
Absent
Absent
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By~,MQ.lli~~
Deputy Clerk
By
Mayor Sylvia Murphy
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA ::n040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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 1, 2010
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 70091410000167601720
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 021-2010 amending the Future Land Use Map designation from
Residential Low (RL) To Mixed Use/Commercial (MC) for property legally described as Lots
13, 14, 15, 16, 17, and 18, Thompsons Subdivision, Section "A", according to the Plat thereof, as
Recorded In Plat Book 1, Page 147, of the public records of Monroe County, Florida, having
Real Estate Number 00440100.000000 located at 99101 Overseas Highway, Key Largo,
approximate Mile Marker 99.1.
Ordinance No. 022-2010 amending the Future Land Use Map designation for 127
county-owned vacant parcels throughout Monroe County from various FLUM designations to
Conservation (C). The amendments are being requested by the Monroe County Land Steward to
create confonnity between the FLUM and the current use, as required by the grant agreement
with the Florida Communities Trust (FCT).
Ordinance No. 023-2010 amending Monroe County Code Sec. 138-23, Moratorium on
New Transient Units, to revise the date on which the moratorium shall expire to 12/31/2011.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting, held in fonnal session, on June 29,2010. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
cc: Growth Management
County Attorney, via e-mail
File
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis. D.C.
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FLORIDA DEPARTMENT of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
DAWN K. ROBERTS
Interim Secretary of State
July 6,2010
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 July 1, 2010, and certified copies of Monroe County Ordinance Nos. 021-2010 through 023-
2010, which were filed in this office on July 6,2010.
Si~~Q
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399,0250
850.245.6600 . FAX: 850. 245.6735 . TOO: 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
ADMfNISTRA TIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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DCA Final Order No.: DCAIO-OR-174
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 023-2010
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FINAL ORDER
The Department of Community Mfairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2009), 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 July 9, 2010, the Department received for review Monroe County Ordinance No.. 023-
2010 ("Ord. 023-2010"), adopted by Monroe County on June 29, 2010.
3. The purpose ofOrd. No. 023-2010 is to amend the Monroe County Section 138-23,
Moratorium on New Transient Units to revise the date on which the moratorium shall expire to
December 31,2011.
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. (2009).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2009) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
DCA Final Order No.: DCAIO-OR-174
6. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. ~ 380.031(8), Fla. Stat. (2009). The.regulations
adopted by Ord. 023-2010 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 Rathkampv. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), affd, 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. 023-2010 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.
(j) To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
(1) To protect the public he alth, safety, and welfare of the citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida
Resource.
9. Ord. 023-2010 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 023-2010 furthers Monroe County Comprehensive Plan Policy 101.2.3, and Policy
101.2.4.
WHEREFORE, IT IS ORDERED that Ord. 023-2010 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.: DCAIO-OR-174
DONE AND ORDERED in Tallahassee, Florida.
~G~'~
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 MAYBE 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 LA W 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 MA Y
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
3
DCA Final Order No.: DCAIO-OR-174
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-
t 06.20 t (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 an~ect copies have been furnished to
the persons listed below by the method indicated this day of September, 2010.
By U.S. Mail:
Honorable Sylvia Murphy
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
4
DCA Final Order No.: DCAIO-OR-174
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5