Ordinance 024-2011 s
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. 024 - 2011
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14 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
15 COUNTY COMMISSIONERS AMENDING POLICY 101.2.6 OF
16 THE MONROE COUNTY 2010 COMPREHENSIVE PLAN
17 REGARDING THE MORATORIUM FOR TRANSIENT UNITS;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
19 REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
20 DIRECTING THE PLANNING DIRECTOR TO FORWARD A
21 COPY TO THE FLORIDA STATE LAND PLANNING AGENCY;
22 PROVIDING FOR FILING WITH THE SECRETARY OF STATE;
23 PROVIDING FOR THE INCORPORATION INTO THE
24 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
25 DATE
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27
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29 WHEREAS, Pursuant to DCA Rule 9J- 14.022, F.A.C., January 4, 1996; Rule 28-
30 20.100 F.A.C. Part I, January 2, 1996 and Part II, July 17, 1997, Policy 101.2.6 was
31 adopted which stated: By January 4, 1996, Monroe County shall adopt Land
32 Development Regulations which prohibit new transient residential units including hotel
33 or motel rooms, campground spaces, or spaces for parking a recreational vehicle or
34 travel trailer until December 31, 2001. Monroe County shall either extend this
. 35 prohibition until December 2006 or revise the Permit Allocation System to allocate a
36 percentage of residential growth to transient unit; and
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38 WHEREAS, The Board of County Commissioners adopted Ordinance No. 47-
39 1999 on November 10, 1999, creating Sec. 9.5 -120.5 (138 -23) of the Monroe County
40 Code, which stated: New transient residential units, such as hotel or motel rooms, or
41 campground, recreational vehicle or travel trailer spaces, shall not be eligible for
42 residential ROGO allocations until January 1, 2002: and
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44 WHEREAS, The Board of County Commissioners adopted Ordinance No. 001-
45 2002, to extend the Monroe County Code moratorium on new transient unit allocations
46 from January 1, 2002 to December 31, 2006; and
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1 WHEREAS, The Board of County Commissioners adopted Ordinance No. 001 -
2 2007, to extend the Monroe County Code moratorium on new transient unit allocations
3 from January 1, 2006 to December 31, 2008; and
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5 WHEREAS, Any strategy to permit new transient units must address the impacts
6 of transient units on hurricane evacuation and workforce /employee housing through the
7 adopted Permit Allocation System; and
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9 WHEREAS, The Board of County Commissioners at a special public hearing on
10 July 13, 2009, adopted Ordinance No. 035 -2009 to amend Policy 101.2.6 of the Monroe
11 County 2010 Comprehensive Plan, to extend the existing transient unit moratorium until
12 July 31, 2010; and
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14 WHEREAS, The Board of County Commissioners, at a regularly scheduled
15 public hearing on July 21, 2010, voted to transmit to the Florida Department of
16 Community Affairs, an amendment to Policy 101.2.6 of the Monroe County 2010
17 Comprehensive Plan to extend the existing transient unit moratorium until December 31, •
18 2011;and
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20 WHEREAS, On September 30, 2010, the Florida Department of Community
21 Affairs issued its Objections, Recommendations and Comments (ORC) Report, which
22 recommended that the County consider extending the moratorium date to be consistent
23 with the due date for the County's EAR -based amendments which would provide the
24 County adequate time to research the issue. The proposed amendment is consistent with
25 the recommendation of the Florida Department of Community Affairs ORC Report of
26 September 30, 2010; and
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28 WHEREAS, On January 25, 2011, the Monroe County Development Review
29 Committee considered the proposed comprehensive plan amendment; and
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31 WHEREAS, On March 9, 2011, the Monroe County Planning Commission held
32 a public hearing and voted to recommend that the Board of County Commissioners
33 transmit the proposed amendment to Policy 101.2.6 to extend the transient use
34 moratorium as recommended by staff; and
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36 WHEREAS, On June 20, 2011, the Monroe County Board of County
37 Commissioners held a public hearing and voted to transmit the proposed amendment to
38 the Florida Department of Community Affairs; and
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40 WHEREAS, On August 11, 2011, the Florida Department of Community Affairs
41 issued its Objections, Recommendations and Comments (ORC) Report to Monroe
42 County which stated that the agency does not identify any objections or comments related
43 to important state resources and facilities that will be adversely impacted by the
44 amendment if it is adopted;
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1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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4 Section 1. Policy 101.2.6 of Monroe County 2010 Comprehensive Plan shall be
5 amended as follows: - -
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7 Monroe County shall prohibit new transient residential units including hotel or motel
8 rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer
9 until Nay 1, 2014.
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11 Section 2. If any section, subsection, sentence, clause, item, change, or
12 provision of this ordinance is held invalid, the remainder of this ordinance shall not be
13 affected by such validity.
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15 Section 3. All ordinances or parts of ordinances in conflict with this
16 ordinance are hereby repealed to the extent of said conflict.
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18 Section 4. This ordinance shall be transmitted by the Planning Department to
19 the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida
20 Statutes.
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22 Section 5. This ordinance shall be filed in the Office of the Secretary of State
23 of Florida, but shall not become effective until a notice is issued by the Florida State
24 Land Planning Agency or Administrative Commission approving the ordinance.
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26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
27 County, Florida, at a special meeting held on the 14th day of December, A.D., 2011.
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29 Mayor David Rice Yes
30 o c., Mayor Pro Tem Kim Wigington Yes
31 0 f Commissioner Heather Carruthers Yes
32 w = - - Commissioner Sylvia Murphy Yes
33 . crr Commissioner George Neugent Yes
34 ir,
35 L- BOARD OF COUNTY COMMISSIONERS OF
36 = MONROE COUNTY, FLORIDA
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38 �- - BY
��'! Mayor David Rice
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�' �'ST`: 'ANNY L. KOLHAGE, CLERK
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45 DEPUTY CLERK MO E COUNTY ATTORNEY
OVED AS TO • •RM
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Date: al i /' _
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MONROE COUNTY COURTHOUSE \
BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 \ � b cou . 0
o, ,z 0 a PLANTATION KEY
KEY WEST, FLORIDA 33040 ••%, GOVERNMENT CENTER
TEL. (305) 294 - 4641 e 0: .1‘ 305 88820 OVERSEAS HIGHWAY
or
FAX i 'i ` i /
( ) 295 - 3663 o . ��I o`i PLANTATION KEY, FLORIDA 33070 • t s o '• ...... •• •oP� TEL. (305) 852 - 7145
BRANCH OFFICE: I, �� FAx (305) 852 - 7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARA [HON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNT PLANTATION KEY, FLORIDA 33070
FAx (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
January 5, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7631
Dear Ms. Cloud,
Enclosed please certified copies of the following Ordinances:
Ordinance No. 022 -2011 amending Chapter 6, Section 6 -27 and Chapter 8, Section 8 -37
of the Monroe County Code; Clarifying the definition of unsafe buildings, the definition of
physical criteria of unsafe buildings; Providing for notice to owners by the Building Official
when a building, structure or system is deemed unsafe and amending the four year bar to
prosecution to include an exemption for unsafe buildings, structures or systems; Providing for
severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and Providing for transmittal and an
effective date.
Ordinance No. 023 -2011 to amend Goal 107 and Objective 107.1 of the Monroe County
2010 Comprehensive Plan, refining the definition and application of Sub Area designations
which limit the density and intensity allowed within a Future Land Use Map category.
Ordinance No. 024 -2011 to amend Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan Future Land Use Element to extend the moratorium of new transient
residential units to be consistent with the deadline to transmit and adopt comprehensive plan
evaluation and appraisal based amendments.
Ordinance No. 025 -2011 to amend Section 138 -23 of the Monroe County Code: The
ordinance would extend the sunset date for the moratorium on new transient units from
December 31, 2011 to May 1, 2014.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on December 14, 2011.
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: Pamela G. Hancock, D.C.
cc: County Attorney letter only
Growth Management
File
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S.
Governor BROWNING
Secretary of State
January 18, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. 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 January 5, 2012 and certified copies of Monroe County Ordinance Nos. 022 -2011 through 025-
2011, which were filed in this office on January 11, 2012.
Sincerely,
c g aue
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-
0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
VIVA FORMA 500. Commemorating 500 years of Florida histor www.fla500 VIVA FLORIDA 500.
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DEO Final Order No.: DEO-12-022
Received
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY MAR 16 2012
In re: MONROE COUNTY LAND Finance Dept.
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 025-2011
FINAL ORDER
The Department of Economic Opportunity(the "Department") hereby issues its Final Order,
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 January 23, 2012, the Department received for review Monroe County Ordinance No.
025-2011 ("Ord. 025-2011"), adopted by Monroe County on December 14, 2011.
3. The purpose of Ord. 025-2011 is to amend Monroe County Code Section 138-23,
Moratorium on New Transient Units to revise the date on which the moratorium shall expire to
May 1, 2014, to be consistent with Policy 101.2.6 of the Monroe County Comprehensive Plan.
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.
6. "Land development regulations" include local zoning, subdivision, building, and other
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DEO Final Order No.: DEO-12-0022
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations
adopted by Ord. 025-2011 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. 025-2011 is consistent with and furthers the following Principles:
(a) To strengthen a local government's capabilities for managing land use and
development so that the local government is able to achieve these objectives
without continuing 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 health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
9. Ord. 025-2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 025-2011 furthers the Monroe County Comprehensive Plan Objective 101.2; Policy
101.2.3; Policy 101.2.6; and Policy 101.2.13.
WHEREFORE, IT IS ORDERED that Ord. 025-2011 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.
DONE AND ORDERED in Tallahassee,_Florida.
2
;
J. mas Beck, AICP
Di ctor, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399-4128
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 ECONOMIC
OPPORTUNITY 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, 107 EAST
3
J '
DEO Final Order No.: DEO-12-0022
MADISON STREET, CALDWELL BUILDING MSC 160, 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-
1.06.301, 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 r ec opies have been furnished to
the persons listed below by the method indicated this / of March, 2012.
l
Miriam Snipes, Agency Clerk
By U.S. Mail:
Honorable David Rice
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
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
4 •
DEO Final Order No.: DEO-12-0022
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5