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Ordinance 024-2012 m , - rit=. p.ii- MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 024 - 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTIONS 138 -19, RATE OF GROWTH ORDINANCE (ROGO), 138 -25, APPLICATION PROCEDURES FOR RESIDENTIAL ROGO, 138 -47, NONRESIDENTIAL RATE OF GROWTH ORDINANCE, 138 -52, APPLICATION PROCEDURES FOR NROGO; TO ESTABLISH A REQUIREMENT THAT A BUILDING PERMIT APPLICATION THAT IS SUBMITTED TO THE BUILDING DEPARTMENT BE REVISED FOLLOWING RECEIPT OF ITS REQUIRED ROGO/NROGO ALLOCATION(S) AND PRIOR TO BUILDING PERMIT ISSUANCE TO MEET ALL BUILDING CODES IN EFFECT AT THE TIME OF BUILDING PERMIT ISSUANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the adoptions of the County's Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO). The Monroe County Growth Management Division has required applicants for allocations to obtain building permit approval prior to applying for an allocation. The existing process requires an applicant to submit a full plan set for the site and all buildings as part of building permit application(s), as well as application fees for the building permit and corresponding plan review; and WHEREAS, development approved by a building permit should be compliant with the most current building and life safety codes in place at time of issuance. However, under the current system, applicants are required to seek building permit approval prior to application for a ROGO and/or NROGO allocation. Since the reviews by various disciplines occur at the beginning of a process that may take some time, it is possible that the building permit application that was reviewed and approved under the building and life safety codes at time of application may become non - compliant with the building and life safety code requirements on the date of building permit issuance; and I Page 1 of 14 WHEREAS, this amendment amends the procedure by requiring a building permit application to be revised following receipt of its required ROGO and/or NROGO allocation(s) and prior to building permit issuance to meet all building codes in effect at the time of building permit issuance; and WHEREAS, this amendment codifies the list of items that are required to be included in ROGO and NROGO applications. Currently, the requirements are determined administratively by the ROGO administrator and Director of Planning & Environmental Resources; and WHEREAS, during a regularly scheduled meeting held on April 24, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, during a regularly scheduled public hearing held on May 30, 2012, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Monroe County Code shall be amended as follows: Sec. 138 Residential rate of growth ordinance (ROGO). (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Allocation period means a defined period of time within which applications for the residential ROGO allocation will be accepted and processed. Annual allocation period means the 12 -month period beginning on July 13, 1992, (the effective date of the original dwelling unit allocation ordinance), and subsequent one -year periods. Annual residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued during an annual allocation period. Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must contain a minimum of 2,000 square feet of upland, including any disturbed wetlands that can be filled. Controlling date means the date and time a ROGO application is submitted. This date shall be used to determine the annual anniversary date for receipt of a perseverance point and shall determine precedence when ROGO applications receive identical ranking Page 2 of 14 scores. A new controlling date shall be established based upon the resubmittal date and time of any withdrawn or revised application, except pursuant to section 138- 25(h). Lawfully established for ROGO/NROGO exemption means a residential dwelling unit or nonresidential floor area that has received a permit or other official approval from the division of growth management for the unit and/or nonresidential floor area. Quarterly allocation period means the three -month period beginning on July 13, 1992, or such other date as the board may specify, and successive three -month periods. Quarterly residential ROGO allocation means the maximum number of residential dwelling units for which building permits may be issued in a quarterly allocation period. Residential dwelling unit means a dwelling unit as defined in section 101 -1, and expressly includes the following other terms also specifically defined in section 101 -1: rooms, hotel or motel, campground spaces, mobile homes, transient residential units, institutional residential units (except hospital rooms) and live - aboard vessels. Residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued in a given time period. Residential ROGO allocation award means the approval of a residential ROGO application for the issuance of a building permit. ROGO application means the residential ROGO application submitted by applicants seeking allocation awards. (b) Purpose and intent. The purposes and intent of residential ROGO are: (1) To facilitate implementation of goals, objectives and policies set forth in the comprehensive plan relating to protection of residents, visitors and property in the county from natural disasters, specifically including hurricanes; (2) To limit the annual amount and rate of residential development commensurate with the county's ability to maintain a reasonable and safe hurricane evacuation clearance time; (3) To regulate the rate and location of growth in order to further deter deterioration of public facility service levels, environmental degradation and potential land use conflicts; (4) To allocate the limited number of dwelling units available annually hereunder, based upon the goals, objectives and policies set forth in the comprehensive plan; and (5) To implement goal 105 of the comprehensive plan. Sec. 138-25. Application procedures for residential ROGO. Page 3 of 14 (a) Application for allocation. In each quarterly allocation period, the planning and environmental resources department shall accept applications to enter the residential ROGO system. Except for allocations to be reserved and awarded under section 138- 24(b), the ROGO application must be accompanied by an approved building permit application in order to be considered in the current allocation period. The planning director, or his or her designee, shall review the ROGO application for completeness. If the application is determined to be incomplete, the planning director, or his or her designee, shall reject the ROGO application and notify the applicant of such rejection, and the reasons therefore, within ten working days. The application shall be assigned a controlling date that reflects the time and date of its submittal unless the application is determined to be incomplete. If the application is rejected, then the new controlling date shall be assigned when a complete application is submitted. The ROGO application shall be submitted in a form provided by the planning and environmental resources department and meet the following requirements: (1) The application shall include a) the name and address of the property owner(s) of record, b) the property record card(s) from the Monroe County Property Appraiser, c) a written legal description of the property proposed for development, d) a boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage, and total acreage by habitat and e) a site plan. The boundary survey and site plan may be filed with the corresponding building permit application. Additional copies of the boundary survey and site plan are not required to be filed with the ROGO application. (2) If a conditional use permit is required in accordance with this Land Development Code for the development applied for, the conditional use permit shall be obtained and effective prior to submittal of any ROGO application. A copy of the recorded development order shall be submitted with the ROGO application. (3) The site plan shall be prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information: a. Date, north point and graphic scale; b. Boundary lines of site, including all property lines and mean high -water lines shown in accordance with Florida Statutes; c. All attributes from the boundary survey; d. Future Land Use Map (FLUM) designation(s) of the site; e. Land Use (Zoning) District designation(s) of site; f. Tier designation(s) of the site; g. Flood zones pursuant to the Flood Insurance Rate Map; h. Setback lines as required by this Land Development Code; i. Locations and dimensions of all existing and proposed structures, including all paved areas and clear site triangles; j. Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants; Page 4 of 14 k. Extent and area of wetlands, open space preservation areas and conservation easements; 1. Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally- recognized mapping by the U.S. Fish and Wildlife Service); m. Drainage plan including existing and proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas; n. Location of fire hydrants or fire wells; o. The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on -site system proposed to meet required County and State of Florida wastewater treatment standards; and p. A table providing the total land area of the site, the total buildable area of the site, the type and number of all residential dwelling units, the amounts of impervious and pervious areas, and calculations for land use intensity, open space ratio, and off-street parking. (b) Fee for review of application. Each ROGO application shall be accompanied by a nonrefundable processing fee established by resolution of the board of county commissioners. Additional fees are not required for successive review of the same ROGO application unless the application is withdrawn and resubmitted. (c) Compliance with other requirements. The ROGO application shall not constitute an indication of whether or not the applicant for a residential ROGO allocation has satisfied and complied with all county, state and federal requirements otherwise imposed by the county regarding conditions precedent to issuance of a building permit. (d) Non - county time periods. The county shall develop necessary administrative procedures and, if necessary, enter into agreements with other jurisdictional entities which impose requirements as a condition precedent to development in the county, to ensure that such non - county approvals, certifications and/or permits are not lost due to the increased time requirements necessary for the county to process and evaluate residential dwelling unit applications and issue allocation awards. The county may permit evidence of compliance with the requirements of other jurisdictional entities to be demonstrated by "coordinating letters" in lieu of approvals or permits. (e) Limitation on number of applications. (1) An individual entity or organization may submit only one ROGO application per residential dwelling unit in each quarterly allocation period. (2) There shall be no limit on the number of separate parcels for which ROGO applications may be submitted by an individual, entity or organization. Page 5of (3) A ROGO application for a given parcel shall not be for more residential dwelling units than are permitted by applicable zoning or land use regulations or the comprehensive plan. (f) Expiration of allocation award. Except as provided for in this article, an allocation award shall expire when its corresponding building permit is not picked up after 60 days of notification by certified mail of the award or after issuance of the building permit, upon expiration of the permit or after failure of the applicant to submit required plan revisions by the required date set forth in subsection (j). (g) Borrowing from future housing allocations. (1) The planning commission may award additional units from future annual residential ROGO allocations to fully grant an application for residential dwelling units in a project if such an application receives an allocation award for some, but not all, of the units requested. (2) The board of county commissioners, in approving affordable housing allocations pursuant to section 138- 24(b), may reserve and award additional units from future annual dwelling unit allocations if the number of available allocations is insufficient to meet specific project needs. (3) The planning commission shall not reduce any future market rate quarterly allocation by more than 20 percent and shall not apply these reductions to more than the next five annual allocations or 20 quarterly allocations. (4) The board of county commissioners, upon recommendation of the planning commission, may make available for award up to 100 percent of the affordable housing allocations available over the next five annual allocations or 20 quarterly allocations. (h) Revisions of ROGO applications and awards. (1) An applicant may elect to revise a ROGO application to increase the competitive points in the application without prejudice or change in the controlling date if a revision is submitted on a form approved by the planning director to the planning and environmental resources department no later than 30 days following the planning commission approval of the previous ROGO rankings. Any such revision shall not involve changes to the approved building permit application. All other applications that are withdrawn and resubmitted that do not increase the competitive points or involve revisions to the approved building permit application shall be considered new, requiring payment of appropriate fees and receiving a new controlling date. (2) After receipt of an allocation award, and either before or after receipt of a building permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to any aspect of the proposed residential development which formed the basis for the evaluation review, determination of points and allocation rankings, unless such revision would have the effect of increasing the points awarded. (i) Clarification of application data. (1) At any time during the residential ROGO allocation review and approval process, the applicant may be requested by the planning director or the planning commission to Page 6of • submit additional information to clarify the relationship of the allocation application, or any elements thereof, to the evaluation criteria. If such a request is made, the planning director shall identify the specific evaluation criterion at issue and the specific information needed and shall communicate such request to the applicant. (2) Upon receiving a request from the planning director for such additional information, the applicant may provide such information, or the applicant may decline to provide such information and allow the allocation application to be evaluated as submitted. (j) Revisions of building permit applications requiring the ROGO allocation(s). A building permit application for a proposed residential dwelling unit requiring a ROGO allocation must be approved prior to submitting a ROGO application. In the event that the Florida Building Code is amended between the date in which a ROGO application is submitted and the date in which a building permit requiring the ROGO allocation(s) applied for is issued (which follows the date in which the required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to the building permit application demonstrating full compliance with the current Florida Building Code in effect. These plan revisions shall be submitted within 180 days of the ROGO allocation award date or the applicant shall forfeit the ROGO allocation award. Following receipt of the plan revisions, the building department shall review the revisions as if the application is new (however retaining the same building permit number for administrative purposes), based on the building code, for compliance prior to issuance of the building permit requiring the ROGO allocation(s) by the building official. Such mandatory revisions and review are limited to the modifications necessary to demonstrate compliance with the Florida Building Code in effect at the time of building permit issuance. This is not applicable to the Land Development Code. Sec. 138 - 47. Nonresidential rate of growth ordinance (NROGO). (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Allocation date means the specific date and time by which applications for the NROGO allocation will be accepted and processed. Annual allocation period means the 12 -month period beginning on July 14, 2001, and subsequent one -year periods that is used to determine the amount of nonresidential floor area to be allocated based on the number of ROGO allocations to be issued in the upcoming ROGO year. Annual nonresidential ROGO allocation means the maximum floor area for which building permits may be issued during an annual allocation period. Page 7of Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must contain a minimum of 2,000 square feet of uplands, including any disturbed wetlands that can be filled. Community master plan means a plan adopted by the board of county commissioners as part of the Monroe County Livable CommuniKeys Program. Controlling date means the same as defined in section 138- 19(a), except it shall apply to NROGO applications under this article. Covered walkways means a covered area of any length but no wider than five feet that is used for providing weather protected pedestrian access from one part of a property to another part of the same property. Historic resources means a building, structure, site, or object listed or eligible for listing individually or as a contributing resource in a district in the National Register of Historic Places, the state inventory of historic resources or the county register of designated historic properties. Infill means the development or redevelopment of land that has been bypassed, remained vacant, and/or underused in otherwise built up areas which are serviced by existing infrastructure. Lawfully established for ROGO/NROGO exemption means a residential dwelling unit or nonresidential floor area that has received a permit or other official approval from the division of growth management for the units unit and/or nonresidential floor area. Nonresidential floor area means the sum of the gross floor area for a nonresidential building or structure, as defined in section 101 -1, any areas used for the provision of food and beverage services and seating, whether covered or uncovered, and all covered, unenclosed areas. Walkways, stairways, entryways, parking, and loading areas are not considered nonresidential floor area. Additionally, boat barns, covered and unenclosed boat racks with three or fewer sides not associated with retail sales of boats which do not exceed 50 percent of the net buildable area of the lot/parcel are not considered nonresidential floor area. The term "nonresidential floor area" does not include space occupied by transient residential and institutional residential principal uses. Nonresidential ROGO allocation, also referred to as NROGO allocation, means the maximum amount of nonresidential floor area for which building permits may be issued in a given time period. Nonresidential ROGO allocation award, also referred to as NROGO allocation award, means the approval of a nonresidential ROGO application prior to the application and subsequent issuance of a building permit to authorize construction of new nonresidential floor area. Page 8 of 14 Site means the parcels of land required to be aggregated to be developed or from which existing nonresidential floor area is to be transferred or received. Storage area means the outside storage of vehicles, recreational vehicles, boats, campers, equipment, goods and materials for more than 24 hours. The term "storage area" includes a contractor's equipment storage, but does not include outdoor retail sales. This is considered a light industrial use and does not include waste transfer stations, junkyards, yards or other heavy industrial uses. Sunshade means an unenclosed structure used as protection from the weather. (b) Purpose and intent. The purposes and intent of the nonresidential rate of growth ordinance are: (1) To facilitate implementation of goals, objectives and policies set forth in the comprehensive plan relating to maintaining a balance between residential and nonresidential growth. (2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for each new residential permit issued through the residential rate of growth ordinance (ROGO). (3) To promote the upgrading and expansion of existing small -size businesses and to retain the predominately small scale character of nonresidential development in the Florida Keys. (4) To regulate the rate and location of nonresidential development in order to eliminate potential land use conflicts. (5) To allocate the nonresidential floor area annually hereunder, based on the goals, objectives and policies of the comprehensive plan and the community master plans. Sec. 138 - Application procedures for NROGO. (a) Application for allocation. The planning and environmental resources department shall accept applications to enter the NROGO system. The NROGO application must be accompanied by an approved building permit application in order to be considered in the current annual allocation period. The application must state for which allocation category an award is being sought, either 2,500 square feet or less, or 2,501 square feet or more. The planning director, or his or her designee, shall review the NROGO application for completeness. If the application is determined to be incomplete, the planning director, or his or her designee, shall reject the NROGO application and notify the applicant of such rejection, and the reasons therefor, within ten working days. If determined to be complete, the application shall be assigned a controlling date. The NROGO application shall be submitted in a form provided by the planning and environmental resources department and meet the following requirements: (1) The application shall include a) the name and address of the property owner(s) of record, b) the property record card(s) from the Monroe County Property Appraiser, c) a written legal description of the property proposed for development, d) a boundary Page9ofl4 survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage and total acreage by habitat and e) a site plan. The boundary survey and site plan may be filed with the corresponding building permit application. Additional copies of the boundary survey and site plan are not required to be filed with the NROGO application. (2) If a conditional use permit is required in accordance with this Land Development Code for the development applied for, the conditional use permit shall be obtained and effective prior to submittal of any NROGO application. A copy of the recorded development order shall be submitted with the NROGO application. (3) The site plan shall be prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information: a. Date, north point and graphic scale; b. Boundary lines of site, including all property lines and mean high -water lines shown in accordance with Florida Statutes; c. All attributes from the boundary survey; d. Future Land Use Map (FLUM) designation(s) of the site; e. Land Use (Zoning) District designation(s) of site; f. Tier designation(s) of the site; g. Flood zones pursuant to the Flood Insurance Rate Map; h. Setback lines as required by this Land Development Code; i. Locations and dimensions of all existing and proposed structures, including all paved areas and clear site triangles; j. Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants; k. Extent and area of wetlands, open space preservation areas and conservation easements; 1. Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally - recognized mapping by the U.S. Fish and Wildlife Service); m. Drainage plan including existing and proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas; n. Location of fire hydrants or fire wells; o. The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on -site system proposed to meet required County and State of Florida wastewater treatment standards; and p. A table providing the total land area of the site, the total buildable area of the site, the type and square footage of all nonresidential land uses, the type and number of Page l0 of 14 all residential dwelling units, the amounts of impervious and pervious areas, and calculations for land use intensity, open space ratio, and off - street parking. (b) Fee for review of application. Each NROGO application shall be accompanied by a nonrefundable processing fee established by resolution of the board of county commissioners. Additional fees are not required for successive review of the same NROGO application unless the application is withdrawn and resubmitted. (c) Compliance with other requirements. The NROGO application shall not constitute an indication of whether or not the applicant for the nonresidential floor area allocation has satisfied and complied with all county, state, and federal requirements otherwise imposed by the county regarding conditions precedent to issuance of a building permit. (d) Time of review. The planning director may retain the allocation application and its associated building permit application for review pursuant to the evaluation procedures and criteria set forth in section 138 -53 and section 138 -55. (e) Non - county time periods. The county shall develop necessary administrative procedures and, if necessary, enter into agreements with other jurisdictional entities which impose requirements as a condition precedent to development in the county, to ensure that such non- county approvals, certifications and/or permits are not lost due to the increased time requirements necessary for the county to process and evaluate NROGO applications and issue allocation awards. The county may permit evidence of compliance with the requirements of other jurisdictional entities to be demonstrated by coordination letters in lieu of approvals or permits. (f) Limitation on number of applications. (1) An individual entity or organization may have only one active NROGO application per site in the allocation period. (2) There shall be no limit on the number of separate projects for which NROGO applications may be submitted by an individual, entity or organization. (g) Expiration of allocation award. An allocation award shall expire when its corresponding building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of mailing of notification for the award of the allocation of nonresidential floor area or after failure of the applicant to submit required plan revisions by the required date set forth in subsection (k). (h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO application without prejudice at any time up to finalization of the evaluation rankings by the planning commission. Revision and resubmission of the withdrawn application must be in accordance with subsection (i) of this section. (i) Revisions to applications and awards. (1) Upon submission of a NROGO application, an applicant may revise the application if it is withdrawn and resubmitted prior to the allocation date for the allocation period in Page 11 of 14 which the applicant wishes to compete. Resubmitted applications shall be considered new, requiring payment of appropriate fees and receiving a new controlling date. (2) After receipt of an allocation award, and either before or after receipt of a building permit being obtained, but prior to receipt of a certificate of occupancy or final inspection, no revisions shall be made to any aspect of the proposed nonresidential development which formed the basis for the evaluation review, determination of points and allocation rankings, unless such revision would have the effect of increasing the points awarded. (3) After the receipt of an allocation award, a building permit and a certificate of occupancy or final inspection, no revision shall be made to any aspect of the completed nonresidential development which formed the basis for the evaluation, review, determination of points and allocation rankings, unless such revisions are accomplished pursuant to a new building permit and unless such revisions would have the net effect of either maintaining or increasing the number of points originally awarded. (j) Clarification of application data. (1) At any time during the NROGO allocation review and approval process, the applicant may be requested by the planning director or the planning commission, to submit additional information to clarify the relationship of the allocation application, or any elements thereof, to the evaluation criteria. If such a request is made, the planning director shall identify the specific evaluation criterion at issue and the specific information needed and shall communicate such request to the applicant. (2) Upon receiving a request from the planning director for such additional information, the applicant may provide such information; or the applicant may decline to provide such information and allow the allocation application to be evaluated as submitted. (k) Revisions of building permit applications requiring the NROGO allocation(s). A building permit application for a proposed nonresidential floor area requiring a NROGO allocation must be approved prior to submitting a NROGO application. In the event that the Florida Building Code is amended between the date in which a NROGO application is submitted and the date in which a building permit requiring the NROGO allocation(s) applied for is issued (which follows the date in which the required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to the building permit application demonstrating full compliance with the current Florida Building Code in effect. These plan revisions shall be submitted within 180 days of the NROGO allocation award date or the applicant shall forfeit the NROGO allocation award. Following receipt of the plan revisions, the building department shall review the revisions as if the application is new (however retaining the same building permit number for administrative purposes), based on the building code, for compliance prior to issuance of the building permit requiring the NROGO allocation(s) by the building official. Such mandatory revisions and review are limited to the modifications necessary to demonstrate compliance with the Florida Building Code in effect at the time of building permit issuance. This is not applicable to the Land Development Code. Page 12 of 14 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 to the Florida State Land Planning Agency 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 Florida State Land Planning Agency 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, 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. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) { Page 13 of 14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the nst day of September , 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By C By Deputy Clerk Mayor Da Rice MONROE 4 N7Y •RNEY APPRO S FIRM Date: vastins7►% C r� --i - -c- - N 7 Ql Page 14 of 14 MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHIFEHEAD STREET, SUITE 101 bG.ou oT —0 „1 PLANTATION KEY KF.Y WEST, FLORIDA 33040 Q r'S° `'• GOVERNMENT CENTER TEL. (305) 294 -4641 * /0--to 41 88820 OVERSEAS HIGHWAY FAx (305) 295 -3663 • ; ,= 1111 j c j PLANTATION KEY, FLORIDA 33070 ;90 • oo-� TEL. (305) 852 -7145 BRANCH OFFICE: I,;\ ”` f FAx (305) 852 -7146 MARATHON SUB COURTHOUSE: 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 - 6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAx (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145 FAx (305) 853 -7440 October 1, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and/or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140- 000000, 00247150- 000000, 00247160- 000000, 00247170- 000000, and 00247180 - 000000 from undesignated and Tier 1 to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density /intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2012. 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: Growth Management County Attorney via e File/ U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the 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 October 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us Final Order No. DEO -12 -143 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY In re: A LAND DEVELOPMENT REGULATION -1 1 - n ADOPTED BY MONROE COUNTY, FLORIDA, ORDINANCE NO. 024 -2012 1 r -n o FINAL ORDER 1 = The Department of Economic Opportunity ( "Department ") hereby issues its Final Onier, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development regulations adopted by Monroe County, Florida, Ordinance No. 024 -2012 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of critical state concern. Monroe County is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on September 21, 2012, and rendered to the Department on October 9, 2012. 3. The Ordinance amends Section 138 -19 Rate of Growth Ordinance, Section 138- 25 Application Procedures for Residential ROGO, Section 138 -47 Nonresidential Rate of Growth, and Section 138 -52 Application Procedures for NROGO, to establish certain minimum requirements for the application for a ROGO or an NROGO allocation, provide timeframes when ROGO and NROGO allocations expire, and provide a requirement that a building permit application that is submitted to the Building Department be revised following receipt of its required ROGO/NROGO allocation(s) and prior to building permit issuance to meet the provisions of the Florida Building Code in effect at the time of building permit issuance. 1 Final Order No. DEO -12 -143 CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11) and § 380.0552(9), Fla. Stat. Monroe County is a local government in the Florida Keys Area of Critical State Concern. 5. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations. 6. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat. 7. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically furthers the following Principle: (h) Protecting the value, efficiency, cost- effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co -op; and 9. Other utilities, as appropriate. 8. The Ordinance is consistent with Policies 101.3.3 and 101.5.1 of the Monroe County Comprehensive Plan. 2 Final Order No. DEO -12 -143 WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 024 -2012 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 Register unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida. JWIOMAS BECK, AICP Director, Division of Community Development Department of Economic Opportunity NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S 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. 3 Final Order No. DEO -12 -143 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, CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND 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 FINAL ORDER. A PETITION IS FILED WHEN IT IS RECEIVED BY: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY OFFICE OF GENERAL COUNSEL 107 EAST MADISON STREET, MSC 110 TALLAHASSEE, FLORIDA 32399 -4128 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. 4 Final Order No. DEO -12 -143 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 orr ct copies have been furnished to the persons listed below by the method indicated this day of November, 2012. / 4)1f r i9--1 Miriam Snipes, Agency Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 By U.S. Mail: The Honorable David Rice Mayor, Monroe County 500 Whitehead Street Key West, FL 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Christine Hurley, Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DEO Tallahassee Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee 5