Ordinance 020-2010ORDINANCE NO. 020 -2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 138-24 OF THE MONROE
COUNTY CODE CONCERNING ROGO ALLOCATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE
SECRETARY OF STATE AND TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING AN EFFECTIVE DATE
WHEREAS, Ordinances 08-2006, 09-2006, 10-2006, 11-2006 and 13-2006 (Tier Ordinances)
were enacted by the Board of County Commissioners (Board) in March, 2006; and
WHEREAS, the Tier Ordinances provided environmental designations for parcels based on
habitat, which type of habitat raised or lowered the points used to score parcels which were the
subject of applications for Rate of Growth Ordinance (ROGO) allocations; and
WHEREAS, the Tier Ordinances were the subject of an administrative challenge and were the
subject of a Final Order by the Secretary of the Department of Community Affairs on September
27, 2007; and
WHEREAS, the Final Order rendered approximately 3,100 parcels "tierless" and were thus
unable to be scored in the (ROGO) competition process; and
WHEREAS, there are approximately 90 applications in the ROGO process without a tier; and
WHEREAS, it is impossible to re -rank these tierless properties until they are given a new tier
designation in the future by Board action; and
WHEREAS, the Planning Commission, upon recommendation of staff, has allowed those
applications that are now tierless, to remain in the ranking order as though they had the tier
originally assigned before the challenge; and
WHEREAS, each quarter, starting with Year 18 (July 13, 2009 - July 12, 2010), Monroe County is
holding the allocations in abeyance until the parcels are assigned a tier and the accurate ranking
is available; and
WHEREAS, the State of Florida, acting through the Florida Administration Commission,
promulgated F.A.C. 28-20.110 which established a maximum of 126 market rate ROGO
allocations per year for use in unincorporated Monroe County; and
WHEREAS, the Board desires to clarify that these ROGO allocations do not roll over to
affordable housing as provided in Section 138-24( c) ( 3) as unused, but are in fact accounted for
and are designated for use as market rate allocations in the ROGO competition system; and
WHEREAS, the practice of holding these unused allocations in abeyance does not have a
negative impact on the County's hurricane evacuation times because these allocations are
already factored into evacuation times; and
WHEREAS, this ordinance serves the best interests of the citizens of Monroe County and
promotes the economic health and viability of the County as well as continuing to follow the limits
on growth as prescribed by the County's designation as an area of critical state concern;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
(Underlined language is added; language s#FiskeR thFough is deleted)
Section 1. Section 138-24 is amended as follows:
Sec. 138-24. Residential ROGO allocations.
(a) Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide on a yearly basis
shall be as follows:
TABLE INSET:
Subarea
Number of Dwelling Units
Upper Keys
61
Lower Keys
57
Big Pine and No Name
Keys
8
Total market rate
126
Affordable dwelling
units
Very Low, Low, and
Median Incomes
36"
Moderate Income
35*
71
Total units a year
197
*Includes one for Big Pine Key and No Name Key.
(1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate
residential ROGO allocations available per ROGO year. Affordable ROGO allocations shall be
available for countywide allocation except for Big Pine Key and No Name Key. The annual
allocations for Big Pine Key and No Name Key shall be eight market rate and two affordable
dwelling units.
(2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market
rate housing residential ROGO allocations available per ROGO quarter determined by the
following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is equal to
the market rate residential ROGO allocations available in each subarea divided by four.
b. Affordable housing residential ROGO for all four ROGO quarters, including the two available
for Big Pine Key, shall be made available at the beginning of the first quarter for a ROGO year.
(3) Ratio of affordable housing ROGO allocations to market rate ROGO allocations. Prior to
October of each year, the board of county commissioners may adopt a resolution changing the
ratio of affordable housing to market rate ROGO allocations based upon the recommendations of
the planning director and planning commission arising from the annual review of ROGO. This
ratio may be amended pursuant to the following:
a. The percentage of affordable housing shall never be less than 20 percent of the total ROGO
allocations available or the minimum established by rule of the Florida Administration
Commission, whichever is greater.
b. The increase or decrease in the percentage of affordable housing of the total ROGO
allocations available shall not exceed 50 percent of the previous year's ROGO allocations to
market rate and affordable housing.
(4) Ratio of very low income, low income, and median income allocations to moderate income
allocations. The planning commission may amend these proportions for affordable housing
during any ROGO quarter.
(5) Big Pine Key and No Name Key. All allocation awards on Big Pine Key and No Name Key
are subject to the provisions of the incidental take permit and the habitat conservation plan for the
Florida Key Deer and other covered species, which may affect ROGO allocations under this
article.
(6) Limit on number of allocation awards in tier I. Except for Big Pine Key and No Name Key, the
annual number of allocation awards in tier I shall be limited to no more than three in the Upper
Keys and three in the Lower Keys.
(7) Market rate allocations set aside for properties already ranked and competing in ROGO
beginning in Year 18, July 12, 2009, that are held in abeyance each quarter by the Planning
Commission but not awarded because of a lack of a tier designation, may be awarded in future
ROGO years upon final determination of the tier designation and resulting rankings for properties
competing in ROGO. These allocations are considered "used" for purposes of applying Section
138-24(c )(3) and do not roll over as affordable housing allocations.
(b) Reservation of affordable housing allocations. Notwithstanding the provisions of section 138-
26 for awarding of affordable housing allocations, the board of county commissioners may
reserve by resolution some or all of the available affordable housing allocations for award to
certain sponsoring agencies or specific housing programs consistent with all other requirements
of this chapter. Building permits for these reserved allocations shall be picked up within six
months of the effective reservation date, unless otherwise authorized by the board of county
commissioners in its resolution. The board of county commissioners may, at its discretion, place
conditions on any reservation as it deems appropriate. These reservations may be authorized by
the board of county commissioners for:
(1) The county housing authority, nonprofit community development organizations, pursuant to
section 130-161(e), and other public entities established to provide affordable housing by
entering into a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a federal/state housing
financial assistance or tax credit program or receiving some form of direct financial assistance
from the county upon written request from the project sponsor and approved by resolution of the
board of county commissioners;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not -for -
profit organizations above upon written request from the project sponsor and approved by
resolution of the board of county commissioners;
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the board of county
commissioners;
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing project to
the county, a not -for -profit community development organization, or any other entity approved by
the board of county commissioners, upon written request from the project sponsor and approved
by resolution of the board of county commissioners; or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential
workplace for the tenants of these projects, upon written request from the property owner and
approved by resolution of the board of county commissioners.
(c) Affordable housing allocation awards and eligibility.
(1) The definition of affordable housing shall be as specified in sections 101-1 and 130-161.
(2) Any portion of the annual affordable housing allocation not used for affordable housing at the
end of a ROGO year shall be made available for affordable housing for the next ROGO year.
(3) Any portion of the residential ROGO allocations not used shall be retained and be made
available for affordable housing from ROGO year to ROGO year.
(4) No affordable housing allocation shall be awarded to applicants located within a tier I
designated area, within a V-zone on the county's flood insurance rating map, within a tier II
designated area on Big Pine Key and No Name Key, or within a tier III -A (special protection area)
if clearing is proposed for any portion of an upland native habitat patch of a one acre or greater in
area.
(5) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
affordable housing allocation may be used on No Name Key.
(d) Residential dwelling unit allocation required. The county shall issue no building permit for a
residential dwelling unit unless such dwelling unit:
(1) Has a residential dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
vested pursuant to section 138-22.
Section 2. Severability. 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. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Inclusion in Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida, as an addition or amendment
thereto.
Section 5. Filing and Transmittal. This ordinance shall be filed in the Office of the Secretary of
the State of Florida. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs pursuant to Chapter 163, Florida Statutes.
Section 6. Effective Date. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance has
been filed with said Office and upon approval by the Department of Community Affairs of the
State of Florida according to the terms of the approval.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of June, 2010.
Mayor Sylvia J. Murphy
Yes
Mayor Pro Tern Heather Carruthers
Yes
Commissioner Mario Di Gennaro
Yes
Commissioner George Neugent
Yes
Commissioner Kim Wigington
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY r. _
Mayor Sylvia J. Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
M OE COUNTY ATTORNEY
APPROVED AS FORM
Date: o
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CHARLIE CRIST
Governor
July 13, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
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:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated July 6, 2010, and certified copy of Monroe County Ordinance No. 020-2010, which was
filed in this office on July 12, 2010.
Sincerely,
(j
Liz Cloud
c .>: C=
Program Administrator c� m
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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 • TDD: 850.922.4085 • http://diis.dos.state.tl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850-245.6700 • FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
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DCA Final Order No.: DCA10-OR-181
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS -, c./) rn
7723 r
L.-.l F-+j .-9
In re: MONROE COUNTY LAND ^.R 7)
DEVELOPMENT REGULATIONS �'
_;� a
ADOPTED BY MONROE COUNTY - �— rn
ORDINANCE NO. 020-2010 -i` ' _.. C-'
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C` r'' cn 0
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. (2009), approving 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 14,2010,the Department received for review Monroe County Ordinance No. 020-
2010 ("Ord. 020-2010"),adopted by Monroe County on June 16,2010.
3. The purpose of Ord.No. 020-2010 is to amend Section 138-24 of the Monroe County Code
to allow the County to set aside Rate of Growth Ordinance allocations for properties that have
already been ranked and are competing for ROGO beginning July 12,2009, that are held in
abeyance and not awarded because of a lack of a fmal tier designation due to the determination
made in Amended Final Order No. 06-2449. The ROGO allocations will be available in the
future upon final determination of the challenged tier designations and will be classified as used
and will not convert to affordable housing allocations.
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).
1
•
DCA Final Order No.: DCA10-OR-181
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.
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. 020-2010 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 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. 020-2010 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.
9. Ord. 020-2010 is consistent with the Principles for Guiding Development as
a whole:
10. Ord. 020-2010 furthers Monroe County Comprehensive Plan and is consistent with the ,
Comprehensive Plan Policy 101.2.3.
WHEREFORE, IT IS ORDERED that Ord. 020-2010 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. -
DONE AND ORDERED in Tallahassee, Florida.
2
DCA Final Order No.: DCA10-OR-181
rho
CI=ES GAUTHIER AI
CP
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
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
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
3
r
DCA Final Order No.: DCA10-OR-181
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 and correct copies have been furnished to
the persons listed below by the method indicated this "day of September, 2010.
•
Latair 41) ‘LL—
Paula ord,Agency
g ncy Clerk
By U.S. Mail:
Honorable Sylvia Murphy
Mayor of Monroe County .
2798 Overseas Highway, Suite 400
Marathon,Florida 33050
Danny L. Kothage •
Clerk to the Board of County Commissioners
500.Whitehead Street
Key West,Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon,Florida 33050
4
t _
1
DCA Final Order No.: DCA10-OR-181
By Hand Delivery or Interagency Mail:
Rebecca Jetton,ACSC Administrator,DCA Tallahassee
Richard E. Shine,Assistant General Counsel, DCA Tallahassee
5
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
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
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
July 6, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 70091410 0001 67601164
Enclosed please find a certified copy of the following Ordinance:
Ordinance No. 020-2010 amending Section 138-24 of the Monroe County Code
concerning ROGO allocations, allowing those held in abeyance by the Planning Commission
because of tierless property rankings to be rolled over to the following ROGO year as market rate
allocations; Providing for severability; Providing for repeal of inconsistent provisions; Providing
for inclusion in the Monroe County Code of Ordinances; Providing for filing with the Secretary
of State and transmittal to the Department of Community Affairs; Providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on June 16, 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
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: Growth Management
Country Attorney, via e-mail