Ordinance 004-2011AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 130- 92(A), RECREATION
VEHICLE DISTRICT, TO AMEND THE AS -OF -RIGHT
PERMITTED USES IN THE RECREATIONAL VEHICLE
(RV) LAND USE DISTRICT; 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, Monroe County currently has 11 Recreational Vehicle (RV) districts; and
WHEREAS, the purpose of the Recreational Vehicle (RV) district is to establish areas
suitable for the development of destination resorts for recreational vehicles and other
transient units. A vacation rental use would be consistent and compatible with a type of
transient use and therefore have a little to no impact on the current uses of these districts;
and
WHEREAS, as set forth in Section 130 -92 of the Monroe County Code, market -rate,
permanent residential dwelling units are not permitted in the Recreational Vehicle (RV)
district; however, some market -rate permanent residential dwelling units were established
prior to the September 15, 1986 adoption of the current land development regulations and
are lawfully nonconforming; and
WHEREAS, other districts allow nonconforming market -rate, permanent residential
dwelling units to be used as vacation rentals as permitted in Section 134 -1 of the Monroe
County Code. Vacation rental uses are defined as an attached or detached dwelling unit
that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation
rental uses do not include hotels, motels, and RV spaces; and
WHEREAS, as set forth in Section 130- 92(a)(3) of the Monroe County Code, accessory
uses, including permanent owner /employee residential dwelling units are permitted in the
Recreational Vehicle (RV); and
WHEREAS, the term "permanent owner /employee residential dwelling unit' is not
defined in the Monroe County Code; and
WHEREAS, permanent housing is not considered a type of accessory use per the
definition of accessory use in Section 101 -1 of the Monroe County Code; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan. The Recreational Vehicle (RV) district
designation corresponds to the future land use map designation of Mixed Use /
Commercial (MC), as set forth in Policy 101.4.21. Vacation rental use would be
consistent with Policy 101.4.5, which states the principal purpose of the Mixed Use /
Commercial (MC) future land use category; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Code: a) Vacation rental use would be consistent with §130-42 of the
Monroe County Code, the purpose of the Recreational Vehicle (RV) district and b) the
proposed text amendment meets all of the standards for text amendments as set forth in
Section 102- 158(d)(5)(b) of the Monroe County Code, specifically 5. Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -92(a) shall be amended as follows):
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a
specific, individual recreational vehicle, for a term of less than 28 days, but
placement of a specific, individual recreational vehicle (regardless of
vehicle type or size) within a particular RV park for occupancies or
tenancies of six months or more is prohibited. Recreational vehicles may be
stored, but not occupied, for periods of six months or greater only in an
approved RV storage area (designated on a site plan approved by the
director of planning) or in another appropriate district that allows storage of
recreational vehicles. RV storage areas must meet all land development
regulations, floodplain management regulations and building code
requirements for storage of recreational vehicles;
(2) Commercial retail uses of less than 2,500 square feet of floor area; and
(3) Accessory uses;
(4) Commercial apartments. However, there shall be no more than one
commercial apartment unit per three RV spaces up to ten percent of total
spaces allowed or in existence;
(5) Vacation rental use of nonconforming detached and attached dwelling units
constructed prior to February 16, 2011, if a special vacation rental permit is
obtained where necessary under the regulations established in section 134 -1;
(6) Collocations on existing antenna - supporting structures, pursuant to section
146 -5(3) "Collocations on existing supporting structure "; and
(7) Satellite earth stations less than two meters in diameter, as accessory uses,
pursuant to section 146 -5(6) "Satellite earth stations."
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. 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.
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. Filing.
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.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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 or amendment thereto, and
shall be; appropriately renumbered to conform to the uniform marking system of the Code.
Section, 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of February , 2011.
Mayor Heather Carruthers
Yes
Mayor pro tem David Rice
Yes
Commissioner Kim Wigington
Yes
Commissioner George Neugent
Yes
Commissioner Sylvia Murphy
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
B
]Deputy Clerk ayorWather Carruthers
MONROE COUNTY ATTORNEY
APP AS TO FORM:
S S N M. GRIMSLEY
ASSI T COUNTY ATTORNEY
- /
/ 3 - /
Daie _ -
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
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
March 14, 2011
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 H IGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Via Certified Mail 7010 1670 0001 0244 8904
Enclosed please find certified copies of Ordinance Nos. 003 -2011 and 004 -2011 which
are self - explanatory.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on February 16, 2011. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
b GOUNrk
U N
OZQOF Co.41.4 ebO�
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
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: Municipal Code via e-mail
Growth Management via e-mail
County Attorney via e-mail
File
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RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
March 29, 2011
Honorable Danny L. Kolhage
Clerk of the 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 March 14, 2011, and certified copies of Monroe County Ordinance Nos. 003 -2011 and 004-
2011, which were filed in this office on March 29, 2011.
Sincerely,
e
C�-
Liz Cloud
Program Administrator
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DIRECTORS OFFICE
R.A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850.245.6282 • 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
CAPITOL BRANCH 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.: DCA11-OR=077
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS -r,
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 004-2011 Fri
/
d
FINAL ORDER ^
The Department of Community Affairs (the"Department")hereby issues its Final Orders'
cn
rn o
pursuant to §§ 380.05(6), Fla. Stat.; and § 380.0552(9), Fla. Stat. (2010), 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 March 17,2011,the Department received for review Monroe County Ordinance No.
004-2011 ("Ord..004-2011"), adopted by Monroe County on February.16, 2011.
3. The purpose of Ord.No. 004-2011 is to amend the Monroe County Section 130-92(A),
Recreational Vehicle District to amend the as-of-right permitted uses in the Recreational Vehicle
(RV)land use district to allow a certain number of commercial apartments and certain non-
conforming uses to be used as vacation rental units.
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. (2010).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552,Fla. Stat:(2010) and Rule 28-29.002 (superseding Chapter 27F-8),Fla.
Admin. Code.
1
DCA Final Order No.: DCA11-OR-077
6. "Land development regulations"include local zoning, subdivision,building, and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2010). The regulations
adopted by Ord. 004-2011 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. 004-2011 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 he alth, safety, and welfare of the citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida
Resource.
9. Ord. 004-2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 004-2011 furthers Monroe County Comprehensive Plan Policy 101.4.5.
WHEREFORE, IT IS ORDERED that Ord. 004-2011 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.
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•
•
DCA Final Order No.: DCA11-OR-077
•
DONE AND ORDERED in Tallahassee, Florida.
.Tomas Beck,AICP
Director,Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard•
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
AN-Y-PERSON-WHOSE-SUBSTANTIALINTERES-TS—ARE-AF'F-EC-TED-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 ENTI-TLED 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.
3
• DCA Final Order No.: DCA11-OR-077
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), FLORIDA ADMINISTRATIVE CODE.
A PER.SOICIWWO SFILED—A-PETITIONMAY 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 co ect copies have been furnished to
the persons listed below by the method indicated this of May,2011.
- Paula Ford, Agency Cl
By U.S.Mail:
Honorable Heather Carruthers
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.: DCA11-OR-077
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
•
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