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Ordinance 047-1999 Ordinance No.047 -1999 AN AMENDED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE RESIDENTIAL ROGO AND REPEALING ORDINANCE NO. 006-1997. THESE AMENDMENTS TO PORTIONS OF SECTIONS 9.5-4, 9.5-120 THROUGH 9.5-124 AND 9.5-266 ADDRESS AFFORDABLE HOUSING IN ENVIRONMENTALLY SENSITIVE LANDS, POOL UNUSED AFFORDABLE HOUSING RaGa ALLOCATIONS, REVISE POINTS FOR ENERGY CONSERVATION AND STRUCTURAL INTEGRITY, PROVIDE NEW DEFINITIONS, CREATE TRANSFERS OF RaGa EXEMPTIONS FOR OFF- SITE REDEVELOPMENT, MODIFY THE QUALIFYING CRITERIA FOR AFFORDABLE HOUSING ROGO ALLOCATIONS AND REVISE THE TOTAL NUMBER OF ALLOCATIONS A V AILABLE IN UNICORPORA TED MONROE COUNTY TO REFLECT THE INCORPORATION OF ISLAMORADA. :x 0 o :Po :z: ::oO'%: or-%. m~-< (")" r- oC'") . c:ii:;J:; %.0 -4_r- ~... , -- ~- ....... or," ~ r" ... l' fTt "" -n \D r= o I'Tl ~. d . <~ ..,., CI' 0 ::0 5 ~ .'(') -' 0 0' ::0 cD C WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, prior to the enactment of the 2010 Plan, a residential permit allocation system had been enacted as the Residential Rate of Growth Ordinance (residential ROGO) under Ordinance 16-1992; and WHEREAS, Monroe County then adopted Ordinance 006-1997 that modified residential ROGO in order to implement requirements of Policy 101.3.1 of the 2010 Plan; and WHEREAS, in order to eliminate confusion, the residential permit allocation system will continue to be referred to as residential ROGO; and WHEREAS, the tri-party agreement between the Florida Department of Community Affairs, Islamorada, Village of Islands and Monroe County provides Islamorada with a number of residential ROGO awards/allocations to come from Monroe County's pool; and WHEREAS, amendments made to residential ROGO in the 2010 Plan, by way of Ordinances 10-1999 and 11-1999 and research into other areas of the 2010 Plan has illuminated areas for implementation within residential ROGO; and BOCC Affordable Housing Page 1 of39 ORDINANCE #034(a)-99 WHEREAS, Ordinances 10-1999 and 11-1999, which were adopted in January 14, 1999, and February 10, 1999 respectively, amend housing and residential ROGO issues in the 2010 Plan in the following manner: 1. Prohibiting affordable housing in environmentally sensitive lands except for those in the Residential High Future Land Use Category; 2. Pooling unused affordable housing residential ROGO allocations; 3. Providing points for land dedication, energy conservation and structural integrity; and WHEREAS, to implement the above-referenced changes to the 2010 Plan, corresponding changes to the County Code are required and are contained in this ordinance; and WHEREAS, in addition, Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, based on the assessment of five years of residential ROGO, most of the affordable housing allocations have been for residents with moderate incomes (those earning 120% of the median income for the County), while few homes were built meet the needs of residents with median, low and very low income residents; and WHEREAS, changing the affordable housing definition in the County Code to include only those residents in the median, low and very low income categories provides more assurance that these residents have more opportunities to live in the homes created with affordable housing ROGO allocations; and WHEREAS, Policies 101.14.2 and 217.3.2 prohibit the placement of mobile homes within the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home park or subdivision zoned for such use; and WHEREAS, if mobile homes are removed from the CHHA residents in the median, low and very income categories could be adversely affected unless measures are put in place to provide housing options that these residents can afford; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, amendments to residential ROGO detailed in this ordinance help create a more diverse housing stock in terms of cost and type, that meets the needs of middle and lower income residents; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate substandard housing and enhance existing housing; and BOCC Affordable Housing Page 2 of 39 ORDINANCE #034(a)-99 Initials WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor redevelopment over new development; and WHEREAS, hotel rooms, mobile homes, campsites and RV sites and residential units are all currently subject to residential ROGO; and WHEREAS, amending residential ROGO so that subject to certain restrictions, eligible units can be transferred off-site without going through ROGO provides a mechanism to eliminate substandard housing, enhance existing housing and to redevelop residential and hotel uses throughout the Keys; and WHEREAS, Policy 601.1,11 of the 2010 Plan requires the County to develop an affordable housing strategy; and WHEREAS, amendments to residential ROGO detailed in this ordinance, which are summarized below, represent portions of an integrated and holistic affordable housing strategy: 1. Implement amendments to residential ROGO in the 2010 Plan made by Ordinances 10-1999 and 11-1999; 2. Provide opportunities to create affordable housing and upgrade substandard housing by exempting off-site redevelopment of existing dwelling units; 3. Provide opportunities to redevelop old hotel and RV sites and develop new ones by exempting off-site redevelopment of existing hotels, hotel rooms and RVs; and WHEREAS, during regular meetings held on May 19, 1999 and June 2, 1999 and a special meeting on July 1, 1999, the Planning Commission considered a proposed set of amendments to the 2010 Plan and the Monroe County Code; and WHEREAS, Ordinance 006-1997, which became effective on May 22, 1998 and revised Sees. 9.5-121 through 9.5-129 of the Monroe County Code, was never codified should be repealed in its entirety and replaced with a new ordinance; and WHEREAS, for further ease in understanding and administration, Sees. 9.5-120 through 9.5-124 of the codified version of the Monroe County Code, are repealed and replaced with new sections; and WHEREAS, portions of Sees. 9.5-4 and 9.5-266 of the codified version of the Monroe County Code are also amended by this ordinance; and WHEREAS, the ROGO changes to the Monroe County Code adopted in Ordinance 034- 1999 are amended by this ordinance; and BOCC Affordable Housing Page 3 of39 ORDINANCE #034(a)-99 Initials WHEREAS, a premature date (October 15, 1999) was established for the implementation of the wide-ranging RaGa changes contained within Ordinance 034-1999; and WHEREAS, Section 5 of Ordinance 034-1999 is amended by this ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Monroe County Ordinance 006-1997, which became effective on May 22, 1998, and revised Sees. 9.5-121 through 9.5-129 of the Monroe County Code, is hereby repealed in its entirety. Section 2. Sec. 9.5-4 ofthe Monroe County Code shall be amended and read as follows: Sec. 9.5-4. Definitions. (A-5) Affordable housing refers to residential dwelling units that meet the following requirements: Contain less than or equal to one thousand three hundred (1,300) square feet of habitable space; and . Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of Monroe County; and . Restricted for a twenty (20) year period to use by households that meet the requirements of at least one of the following income categories: Very-low, low or median. The requirements for these income categories are provided below. . (a) Very -low-income A very-low-income owner occupied residential dwelling unit shall only be occupied by a very -low-income household, whose income does not exceed fifty (50) percent of the median adjusted gross annual income for households within Monroe County. A very-low-income rental residential dwelling unit shall only be occupied by a household, whose monthly rent, does not exceed thirty (30) percent of that amount which represents fifty (50) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. BOCC Affordable Housing Page 4 of 39 ORDINANCE #034(a)-99 Initials (b) Low-income A low-income owner occupied residential dwelling unit shall only be occupied by a low-income household, whose income does not exceed eighty (80) percent of the median adjusted gross annual income for households within Monroe County. A low-income rental residential dwelling unit shall only be occupied by a household, whose monthly rent, does not exceed thirty (30) percent of that amount which represents eighty (80) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. (c) Median-income A median-income owner occupied residential dwelling unit shall only be occupied by a median-income household, whose income does not exceed one hundred (100) percent of the median adjusted gross annual income for households within Monroe County. A median-income rental residential dwelling unit, shall only be occupied by a household, whose monthly rent, does not exceed thirty (30) percent of that amount which represents one hundred (100) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. (E-l) Employee housing means a non-temporary attached or detached residential dwelling unit which is used by employees who derive at least seventy (70) percent of their income from gainful employment in Monroe County and meet the requirements for affordable housing as per Secs. 9.5-4 (A-5) and 9.5-266. (T-3) Transfer of ROGO exemption (TRE) refers to the process by which certain types of transient and residential units and spaces counted under ROGO, may be removed and replaced off-site. (T-4) Transient residential unit means a dwelling unit used for transient housing such as a hotel or motel room, or space for parking a recreational vehicle or travel trailer. (T-5) Transitional habitat means the saltmarsh and buttonwood association. (T-6) Trip means a single or uni-directional movement with either the origin or destination existing or entering inside the study site. BOCC Affordable Housing Page 5 of39 ORDINANCE #034(a)-99 Initials (T -7) Trip generation means the attraction or production of trips caused by a given type of land development Section 3. Monroe County shall adopt the following Residential Rate of Growth Ordinance by repealing Secs. 9.5-120 through 9.5-124, as codified and creating BOTH a new division (Division 1.5) and new sections (Secs. 9.5-120 through 9.5-124). The new division and subdivision are to read as follows: DIVISION 1.5 RATE OF GROWTH ORDINANCE Sec. 9.5-120. Residential Rate of Growth Ordinance (ROGO). (a) Purpose and Intent: (1) The purposes and intent of residential ROGO are: a. 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; b. 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; c. 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; and d. To allocate the limited number of dwelling units available annually hereunder, based upon the goals, objectives and policies set forth in the comprehensive plan. (b) Definitions: The words or phrases used in this division shall have the meanings prescribed in this chapter, except as otherwise indicated as follows: BOCC Affordable Housing Page 6 of39 ORDINANCE #034(a)-99 Initials ROGO application means the residential RaGa application submitted by applicants seeking allocation awards. 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. Controlling date means the date and time a RaGO application is submitted. This date shall be used to determine the annual anniversary date for receipt of a perseverance point( s) and shall determine precedence when ROGO applications receive identical ranking scores. A new controlling date shall be established based upon the re-submittal date and time of any withdrawn or revised application. Known habitat of threatened/endangered animal species is one that has documented evidence of sightings, collection, trapping, or direct evidence of the presence of the animal(s) in a specific habitat area. The county's Threatened and Endangered Species Maps shall constitute prima facie evidence of the species unless determined otherwise by the director of environmental resources. Probable habitat of threatened/endangered animal species is one where there is a lack of direct evidence documenting the presence of an animal, but where the habitat area is suitably close to an existing population to make colonization possible, and is of a size and ecological character sufficient to support the animal(s). The county's Threatened and Endangered Species Maps shall constitute prima facie evidence that an area is probable habitat unless determined otherwise by the director of environmental resources. Potential habitat of threatened/endangered animal species is one where there is a lack of direct evidence documenting the presence of an animal and where the habitat area is not suitably close to an existing population to make colonization possible, but the habitat area is of a size and ecological character sufficient to support the BOCC Affordable Housing Page 7 of 39 ORDINANCE #034(a)-99 Initials animal(s). The county's Threatened and Endangered Species Maps shall constitute prima facie evidence that an area is potential habitat unless determined otherwise by the director of environmental resources. Quarterly allocation period means the 3-month period beginning on July 13, 1992 or such other date as the board may specify, and successive 3-month periods. Quarterly residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued in a quarterly allocation period. Residential dwelling unit means a dwelling unit as defined in Sec. 9.5-4 of the Monroe County Code, and expressly includes the following other terms also specifically defined in Sec. 9.5-4: hotel rooms, campground spaces, mobile homes, transient residential units, institutional residential units (except hospital rooms) and Ii ve-aboards. 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. Wide-ranging threatened or endangered animal species is one whose individuals typically move over a large area, usually seasonally. They occur in any of the listed habitats within their mapped ranges. The County's Threatened and Endangered Species Maps shall constitute prima facie evidence of wide ranging threatened or endangered species unless determined otherwise by the director of environmental resources. Sec. 9.5-120.1. General provisions. (a) Residential ROGO Allocation Award Required: No building permit shall be issued unless the dwelling unit has received a residential dwelling unit allocation award, or is determined to be exempt as provided below. (b) Effective Date: Any ROGO application which has not received an allocation award as of the effective date of this BOCC Affordable Housing Page 8 of39 ORDINANCE #034(a)-99 Initials ordinance shall be processed and evaluated pursuant to the provisions of this ordinance. (c) Yearly Review and Monitoring: As required by the comprehensive plan, as requested by the planning commission or the board, or as otherwise necessary, the planning director shall consider the rate, amount, location, and ratio of market rate to affordable housing residential dwelling units available for development in the county. The planning . director shall also monitor the effects of such development and determine the conformity of such development with the comprehensive plan and this chapter. This review, in whole or in part, may form the basis for recommendations by the planning director or the planning commission to the board for action to repeal, amend or modify the RaGa allocation system. Sec. 9.5-120.2. Affected area. The RaGa allocation system shall apply within the unincorporated area of Monroe County Florida, which, for purposes hereof, has been divided into subareas as follows: (a) Upper Keys: The unincorporated area of Monroe County north of Fiesta Key (approximately mile marker 71). (b) Middle Keys: The unincorporated area of Monroe County south of Fiesta Key to the Seven Mile Bridge (approximately mile markers 71 to 40). (c) Lower Keys: The unincorporated area of Monroe County south of the Seven Mile Bridge, (approximately mile markers 40 to 4). Sec. 9.5-120.3. Type of development affected. The residential RaGa shall apply to the development of the following: (a) All residential dwelling units for which a building permit is required by this chapter and for which building permits have not been issued prior to the effective date of the RaGa allocation system, except as otherwise provided herein; and BOCC Affordable Housing Page 9 of39 ORDINANCE #034(a)-99 Initials (b) Public and institutional uses which house transient visitors or temporary residents unless: (1) The facility is constructed to withstand category 5 hurricane storm conditions; or (2) A factual demonstration is made that such occupancy does not negatively impact the County's hurricane evacuation clearance time. Sec. 9.5-120.4. Type of development NOT affected. The residential RaGa shall not apply to the development described below: (a) Redevelopment On-site: Redevelopment, rehabilitation or replacement of any lawfully established residential dwelling unit or space which does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. (b) Transfer Off-site: Transfer off-site shall consist of either the demolition or a change of use from residential to non-residential of a unit or space from a sender site and the development of a new unit on a receiver site as indicated below. a. Eligibility of sender unit or space: A hotel room, mobile home, recreational vehicle space, or dwelling unit that is: i) in existence as of January 4, 1996; and ii) accounted for in the hurricane evacuation model which forms the basis of RaGa; and iii) lawfully established or subject to a valid unexpired State TRE agreement, may be rebuilt in another part of the unincorporated county subject to the criteria for redevelopment off-site. (1) Criteria for redevelopment off-site: In order to redevelop off- site, a receiver site must be evaluated for both its structural and site conditions. a. Transfer to a hotel: A hotel or hotel room may be developed if the: BOCC Affordable Housing Page 10 of39 ORDINANCE #034(a)-99 Initials (i) sender unit or space is eligible and provided that it was used as a hotel room or recreational vehicle space in accordance with Sec. 9.5-4; and (ii) transfer is made to a receiver site located in the same RaGa subarea as the sender site; and (iii)receiver site receives no negative points when evaluated pursuant to Sec. 9.5-122.3 (a)(7) or (8) or (9). b. Transfer to affordable housing: An affordable housing unit may be developed if the: (i) sender unit is eligible; and (ii) receiver unit: 1) is an attached dwelling unit; and 2) meets the criteria for affordable housing pursuant to Sees. 9.5-4(A-5) and 9.5-266; and (iii) transfer is made to a receiver site that is located in the same RaGa subarea as the sender site; and (iv)receiver site receives no negative points when evaluated pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9). (2) Procedures for transfer off-site: A pre-application conference and at a minimum, a minor conditional use permit shall be required for both the sender site and the receiver site. A sender unit or space shall be assigned a unique identifier number that shall be used for tracking and monitoring by the Planning Department. The unique identifier number shall be itemized in the conditional use permits required for both the sender and receiver sites. No building permit shall be issued for the new unit on the receiver site until one of the following conditions are met: a. the unit is demolished as per an issued demolition permit and a final inspection for the demolished unit or space has been completed by the building department for the sender site; or b. the unit is removed pursuant to a development approval, development order, or a development permit is issued and a final inspection for the removed unit is completed by the building department for the sender site. BOCC Affordable Housing Page 11 of39 ORDINANCE #034(a)-99 Initials (c) Nonresidential Use: Non-residential uses are not affected by residential ROGO. (d) Development not impacting hurricane evacuation times: Any applicant that can demonstrate with a traffic study acceptable to Monroe County traffic engineers that their proposed development will not impact hurricane evacuation times. All previously authorized residential dwelling units to be located in the area designated as Zone 7 (North Key Largo area) that the 1989 Transportation Analysis found to comply with the above criteria and are exempt. (e) Public/governmental uses: Public/governmental uses, including capital improvements [as defined by Sec. 9.5-4(c-5)] and public buildings [as defined by Sec. 9.5-4 (P-18)]. (f) Other non-residential development: Any other use, development, project, structure, building, fence, sign or activity which does not result in a new residential dwelling unit. (g) Vested Rights: Landowners with a valid, unexpired Development of Regional Impact approval granted by the County prior to July 13, 1992, shall be exempt from the residential ROGO system. 9.5-120.5 Moratorium on new transient units. New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations until January 1, 2002. Sec.9.5-121. Intentionally left blank. Sec. 9.5-122. Residential ROGO allocations (a) Number of Available Annual Residential ROGO Allocations: The number of residential ROGO allocations available in each subarea of unicorporated Monroe County on a yearly basis shall be as follows: BOCC Affordable Housing Page 12 of 39 ORDINANCE #034(a)-99 Initials Subarea Number of Dwelling Units Total Upper Keys Middle Keys Lower Keys Total 71 41 115 227 (1) Yearly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential RaGa allocations available per RaGa year determined by the following formula: i. Market Rate Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential RaGa Allocations in each subarea, multiplied by the percentage of the Market Rate Residential RaGa Allocations. ii. Affordable Housing Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential RaGa Allocations in each subarea, multiplied by the percentage of Affordable Housing Residential RaGa Allocations. (2) Quarterly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential RaGa allocations available per RaGa quarter determined by the following formula: i. Market Rate Residential RaGa Allocations available in each subarea per quarter is equal to the Market Rate Residential RaGa Allocations available in each subarea divided by four (4). ii. Affordable Housing Residential RaGa for all four RaGa quarters shall be made available at the beginning of the first quarter for a RaGa year. (b) Affordable housing allocation awards and eligibility: BOCC Affordable Housing Page 13 of39 ORDINANCE #034(a)-99 Initials (1) The definition of affordable housing shall be as specified in Secs. 9.5-4(A-5) and 9.5-266. (2) Any portion of the twenty (20) percent 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) No affordable housing allocation shall be awarded to an application to be located within a parcel that receives negative points according to criteria specified under Habitat Protection, or Threatened or Endangered Species, or Critical Habitat Area in Sec. 9.5-122.3 (a)(7) or (8) or (9) unless said parcel is located within the IS-D or UR or URM or URM-L or land use districts. (c) Residential Dwelling Unit Allocation Required: From and after the effective date of the dwelling unit allocation system, the county shall issue no building permit for a residential dwelling unit unless such dwelling unit has received the following: a. a residential dwelling unit allocation award; or b. is exempt from the dwelling unit allocation system; or is determined to be vested pursuant to Sec. 9.5-120.3.; or (d) Exempt and vested development: (1) Any building permit for residential dwelling units issued, by the county during an allocation period to vested development shall be subtracted from the annual residential dwelling unit allocation for that allocation period. (2) After subtracting building permits issued for vested residential dwelling units by subarea and by quarterly allocation period, the director of planning shall redetermine the quarterly residential dwelling unit allocation in accordance with the following principles and guidelines: a. If the number of vested residential dwelling units is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units BOCC Affordable Housing Page 14 of39 ORDINANCE #034(a)-99 Initials shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of vested residential dwelling units is fifty (50) percent or more of the quarterly allocation for the affected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period; in that event, the 'excess' residential dwelling units shall be determined and subtracted pro rata from future allocation periods so that an average annual build-out of two hundred twenty seven (227) dwelling units is not exceeded. Sec. 9.5-122.1. Application procedures for Residential ROGO. (a) Application for Allocation: In each quarterly allocation period, the planning director shall accept applications to enter the residential ROGO system on forms provided by the planning director. The ROGO application form must be accompanied by an approved building permit application in order to be considered in the current allocation period. The planning director shall review the ROGO application for completeness. If determined to be incomplete, the planning director shall reject the ROGO application and notify the applicant of such rejection, and the reasons therefore, within ten (10) working days. If determined to be complete, the application shall be assigned a controlling date. (b) Fee for Review of Application: Each ROGO application shall be accompanied by a nonrefundable processing fee as may be established by resolution of the board. 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 indicate whether the applicant for a residential BOCC Affordable Housing Page 15 of39 ORDINANCE #034(a)-99 Initials dwelling unit allocation has satisfied and complied with all county, state and federal requirements otherwise imposed by Monroe County regarding conditions precedent to issuance of a building permit and shall require that the applicant certify to such compliance. (d) Time of Review: Notwithstanding the time periods set forth in Sec. 9.5-113, the director of planning may retain the allocation application and its associated building permit application for review pursuant to the evaluation procedures and criteria set forth in Secs. 9.5-122.2 and 9.5-122.3. The allocation application shall indicate and the applicant shall certify that he/she shall waive the time periods for county action as set forth in Sec 9.5-113. (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 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. (f) Limitation on Number of Applications: (1) An individual entity or organization may submit only one (1) RaGa application per unit in each quarterly allocation period. (2) There shall be no limit on the number of separate parcels for which RaGa applications may be submitted by an individual, entity or organization. (3) A RaGa application for a given parcel shall not be for more dwelling units than are permitted by the applicable zoning, land use regulations or the comprehensive plan. (g) Expiration of Allocation Award: An allocation award shall expire when its corresponding building permit is deemed to expire pursuant to Sec. 9.5-115 and Sec. 9.5-115.1 or after BOCC Affordable Housing Page 16 of39 ORDINANCE #034(a)-99 Initials sixty (60) days of mailing of notification for the award of application. (h) Borrowingfrom Future Allocations: Subject to approval by the board, the planning commission may award additional units from future quarterly allocation periods to fully grant an application for multi-family residential units, if such an application receives an allocation award for some, but not all, of the units requested because the applicant seeks more units than are available during the allocation period. The planning commission shall not reduce any future quarterly allocation by more than twenty (20) percent, but may apply the reduction over any number of future quarterly allocation periods. If the planning commission so awards additional units, the award shall not take effect until it is approved at a regularly scheduled board meeting. Multi-family affordable housing or elderly housing projects shall be given priority. (i) Withdrawal of ROGO Application: An applicant may elect to withdraw an ROGO 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 G) below. G) Revisions to Applications and Awards: (1) Upon submission of ROGO application, an applicant may make revisions to the application if it is withdrawn and resubmitted prior to the end of the quarter in 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, 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. BOCC Affordable Housing Page 17 of39 ORDINANCE #034(a)-99 Initials (3) After the receipt of an allocation award, a building permit and a Certificate of Occupancy, no revision shall be made to any aspect of the completed residential 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. (k) Clarification of Application Data: (1) At any time during the dwelling unit allocation review and approval process, the applicant may be requested by the director of planning or the 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 director of planning 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 director of planning 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. Sec. 9.5-122.2 Evaluation procedures for residential dwelling unit allocation (a) Adjustment of dwelling unit allocations: At the end of each quarterly allocation period, the planning director shall recommend additions or subtractions to the basic allocation available by subarea, based upon any ofthe following, as appropriate: (I) The number of permits for new residential units issued during the previous year which did not result in completed units or active progress towards such completion, as defined in chapter 6-40 of the Monroe County Code; (2) The number of dwelling unit allocation awards that expired and which were awarded in the current annual allocation period; Bacc Affordable Housing Page 18 of39 ORDINANCE #034(a)-99 Initials (3) The number of dwelling unit allocation awards available which were not allocated during previous quarterly allocation period(s) in the current annual allocation period; (4) The number of dwelling unit allocation awards in previous quarters which were borrowed from future allocations to accommodate multiple unit projects or to accommodate allocation applications with identical scores, pursuant to 9.5- l22.2(e), or which were granted to applicants via either the appeals process, administrative relief or a beneficial use determination; (5) Residential dwelling units vested during the preceding quarter, as follows: a. If the number of residential dwelling units in question is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of residential dwelling units in question is fifty (50) percent or more of the quarterly allocation for the affected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period; in that event, the 'excess' residential dwelling units shall be determined and subtracted pro rata from future allocation periods so that an average annual build-out of two hundred twenty-seven (227) dwelling units is not exceeded; and (6) Any other modifications required or provided for by the comprehensive plan. (b) Initial evaluation of allocation applications: Upon receipt of completed allocation applications, the director of planning or his designee shall evaluate the allocation applications pursuant to the Evaluation Criteria set forth in Sec. 9.5-122.3. (1) Classification of allocation applications: The director of planning shall classify each allocation application by subarea. BOCC Affordable Housing Page 19 of39 ORDINANCE #034(a)-99 Initials (2) On the evaluation cover page, for each allocation application, the director of planning shall indicate the subarea and the number of dwelling units for which allocation awards are being requested. Allocation applications shall be collated by subarea. (3) Within thirty (30) days ofthe conclusion of a quarterly allocation period, unless otherwise extended by the board, the director of planning shall: a. Complete the evaluation of all allocation applications submitted during the relevant allocation period; b. Total the number of dwelling units by subarea for which allocation applications have been received; and c. Rank the allocation applications in descending order from the highest evaluation point total to the lowest. (4) If the number of dwelling units represented by the allocation applications, by subarea, is equal to or less than the quarterly allocation, the director of planning may make a recommendation to the planning commission that all of the allocation applications for that subarea be granted allocation awards. (5) If the number of dwelling units represented by the allocation applications, by subarea, is greater than the quarterly allocation, the director of planning shall submit an evaluation report to the planning commission indicating the evaluation rankings and identifying those allocation applications whose ranking puts them within the quarterly allocation, and those allocation applications whose ranking puts them outside of the quarterly allocation. (c) Public hearings: Upon completion of the evaluation ranking report and/or recommendation, the director of planning shall schedule and notice a public hearing by the planning commission pursuant to otherwise applicable regulations. (1) At or prior to the public hearing, the planning commission may request, and the director of planning shall supply, copies of the allocation applications and the director of planning evaluation worksheets. (2) Upon review of the allocation applications and evaluation worksheets, the planning commission may adjust the points awarded for meeting a particular criteria, adjust the rankings as a result of changes in points awarded, or make such other changes as may be appropriate and justified. BOCC Affordable Housing Page 20 of 39 ORDINANCE #034(a)-99 Initials (3) The basis for planning commission changes shall be specified in the form of a motion to adopt the allocation rankings and may include the following: a. An error in the designation of the applicable subarea. b. A mistake in the application of one (1) or more of the evaluation criteria. c. A misinterpretation of the applicability of an evaluation criterion. (4) The public, including, but not limited to, applicants for allocation awards, shall be permitted to testify at the public hearing. Applicants may offer testimony about their applications or other applications; however, in no event may an applicant offer modifications to an application that could change the points awarded or the ranking of the application. (5) At the conclusion of the public hearing, the planning commission may: a. Move to accept the evaluation rankings as submitted by the director of planning. b. Move to accept the evaluation rankings as may be modified as a result of the public hearing. c. Move to continue the public hearing to take additional public testimony. d. Move to close the public hearing but to defer action on the evaluation rankings pending receipt of additional information. e. Move to reject the evaluation rankings. (6) The planning commission shall finalize the evaluation rankings within sixty (60) days following initial receipt of the director of planning evaluation ranking, report and recommendation (d) Notification to Applicants: Upon finalization of the evaluation rankings by the planning commission, notice of the rankings, by subarea, shall be posted at the planning department offices and at such other places as may be designated by the planning commission. BOCC Affordable Housing Page 21 of39 ORDINANCE #034(a)-99 Initials (1) Applicants who receive allocation awards shall be further notified by certified mail, return receipt requested. Upon receipt of notification of an allocation award, the applicant may request issuance of a building permit for the applicable residential dwelling unit. (2) Applicants who fail to receive allocation awards shall be further notified by certified mail, return receipt requested; without further action by such applicants nor the payment of any additional fee, such applications shall remain in the residential ROGD system for reconsideration in the next succeeding quarterly allocation period. (e) Identical rankings: If two (2) or more allocation applications in a given subarea receive an identical evaluation ranking and both (or all) cannot be granted allocation awards within the quarterly allocation, the planning commission shall award the allocation to the completed application first submitted, based on the date of submission. (1) Iftwo (2) or more such completed applications were submitted an the same day, the available allocation shall be awarded to the application with the fewest number of negative points. (2) The planning commission may recommend that two (2) or more allocation applications with identical rankings be approved despite the fact that the quarterly allocation will be exceeded if: a. Express findings are made justifying the decision; and b. The excess allocation is reduced from the next succeeding quarterly allocation period or is reduced pro rata from the next three (3) quarterly allocation periods as set forth below, and c. The board confirms the planning commission recommendation. (3) An excess allocation of three (3) dwelling units or less may be reduced from the next succeeding quarterly allocation period. BOCC Affordable Housing Page 22 of39 ORDINANCE #034(a)-99 Initials (f) Administrative Relief (1) If an applicant for an allocation award: a. Who has complied with all requirements of the dwelling unit allocation system; and b. Whose application has not been withdrawn; and c. Whose application has been considered in at least three (3) of the first four (4) consecutive annual Allocation periods; and fails to receive an allocation award, said applicant may apply to the board for administrative relief pursuant to the terms and conditions set forth herein. (2) An application for administrative relief shall be made on a form prescribed by the director of planning and may be filed with the director of planning no earlier than the conclusion of the third annual allocation period and no later than ninety (90) days following the close of the fourth annual allocation period. (3) Upon the filing of an application for administrative relief, the director of planning shall forward to the board all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the board shall notice and hold a public hearing at which the applicant will be given an opportunity to be heard. (5) The board may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the board may take any or a combination of the following actions: a. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods. b. Offer to purchase the property at its fair market value. c. Suggest such other relief as may be necessary and appropriate. BOCC Affordable Housing Page 23 of39 ORDINANCE #034(a)-99 Initials Sec. 9.5-122.3. Evaluation criteria. (a) Evaluation Criteria: the point values established on the following pages are to be applied cumulatively except where otherwise specified. (1) PLATTED SUBDIVISION INFILL: The following points are intended to encourage the infill of legally platted subdivisions served by existing infrastructure. Point Assignment: +10 Criteria: An application which proposes a dwelling unit within legally platted, recorded subdivision on lot(s) served by existing infrastructure, including at a minimum, potable water, electricity, and roadways which the public works department director determines is paved. Additional Requirements: In order to be considered 'served,' the necessary infrastructure must be both: 1. Located along the same street as the lot or parcel proposed for development; and 2. In place since July 13, 1992. (2) INFRASTRUCTURE AVAILABILITY The following points are intended to encourage the infill of lots or parcels served by existing infrastructure. Point Assignment: +5 Criteria: An application which proposes a dwelling unit outside of a legally platted, recorded subdivision, but the lot or parcel proposed for development is served by existing infrastructure, which includes at a minimum, potable water, electricity and roadways which are paved, as determined by the public works department director. BOCC Affordable Housing Page 24 of39 ORDINANCE #034(a)-99 Initials Additional Requirements: In order to be considered 'served,' the necessary infrastructure must be both: 1. Located along the same street as the lot or parcel proposed for development; and 2. In place since July 13, 1992. (3) LOT AGGREGATION The following points are intended to encourage the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots with density allocation by lot. Point Assignment: +3 +3 Criteria: An application which aggregates a contiguous vacant, legally platted, buildable IS, IS-D, URM, URM-L or CFV lot together with the parcel proposed for development. Each additional contiguous vacant, legally platted, buildable IS, IS-D, URM, URM-L or CFV lot which is aggregated will earn the application the additional points as specified. Additional Requirements The application shall include but not be limited to the following: 1. An affidavit of ownership of all affected parcels, acreage or land; and 2. A legally binding restrictive covenant limiting the number of dwelling units on the aggregated lot, running in favor of Monroe County and enforceable by the county, subject to the approval of the board of county commissioners prior to filing in the office of the clerk of the County. Such covenant must be approved by the board before any development approval may be issued pursuant to an award. BOCC Affordable Housing Page 25 of39 ORDINANCE #034(a)-99 Initials (4) ACREAGE TRACT DENSITY REDUCTION The following points are intended to encourage the voluntary reduction in allocated density on parcels with density of land. Point Assignment: +2 +4 +6 Criteria: An application which voluntarily reduces the allocated density of the parcel of land proposed for development by between fifty (50) and sixty-six (66) percent. An application which voluntarily reduces the allocated density of the parcel of land proposed for development by between sixty-seven (67) and seventy-five (75) percent. Application which voluntarily reduces the allocated density of the parcel of land proposed for development by greater than seventy-five (75) percent. Additional Requirements: 1. The parcel proposed for development must be located in zoning districts in which density is allocated in residential units per acre. 2. The application shall include but not be limited to the following: · affidavit of ownership of the affected parcel, acreage or land; . legally binding restrictive covenant limiting the number of dwelling units on the acreage tract, running in favor of Monroe County and enforceable by the County, subject to the approval of the board of county commissioners prior to filing in the office of the clerk of the County. Such covenant must be approved by the board before any development approval may be issued pursuant to an award. BOCC Affordable Housing Page 26 of39 ORDINANCE #034(a)-99 Initials (5) LAND DEDICATION The following points are intended to encourage the voluntary dedication of vacant, buildable land within those areas proposed for acquisition by governmental agencies for the purposes of conservation or resource protection. Point Assignment: +2 +2 Criteria: An application which includes the dedication to Monroe County of one (1) vacant, legally platted buildable lot or at least one (1) acre of unplatted buildable land located within a conservation area or areas proposed for acquisition by governmental agencies for the purposes of conservation and resource protection. An application which includes the dedication to Monroe County of either an additional legally platted, buildable lot, or an additional one (1) acre of unplatted buildable land located in areas proposed for acquisition by governmental agencies for the purposes of conservation or resource protection. Additional Requirements: 1. 'Buildable' means construction of a dwelling unit or some development could be permitted, as determined by the environment resources director. 2. The application shall include but not be limited to the following: · an affidavit of ownership of all affected lots, parcels, acreage or land; BOCC Affordable Housing Page 27 of 39 ORDINANCE #034(a)-99 Initials . a statutory warranty deed, subject to the approval of the board of county commissioners prior to filing in the office of the clerk of the County, which conveys the dedicated property to the County. Such deed must be approved by the board before any development approval may be issued pursuant to an award. (6) AFFORDABLE HOUSING The following points are intended to increase the supply of affordable housing. Point Assignment: +5 Criteria: An application which proposes a dwelling unit which meets the definition of affordable housing and restricts the dwelling unit to a household which: · derives at least seventy (70) percent of its income from gainful employment in Monroe County; and · earns an income no greater than one hundred (100) percent of the median adjusted gross annual income for households within Monroe County for a period of at least twenty (20) years. Additional Requirements: 1. The application shall include but not be limited to the following: · an affidavit of ownership of all affected lots, parcels, acreage or land; and · a legally binding restrictive covenant consistent with Sec. 9.5-266(a)(3) and (4). Such documentation must be approved by the board before any development approval may be issued pursuant to an award. BOCC Affordable Housing Page 28 of 39 ORDINANCE #034(a)-99 Initials 2. The parcel proposed for development shall not qualify for negative points according to Sec. 9.5-122.3(a)(7) or (8) or (9) however, properties designated IS-D or UR or URM or URM- L shall be exempted from this prohibition. (7) HABITAT PROTECTION The following points are intended to discourage the clearing of significant habitat and are based on the type and quality of the existing vegetation located within an area approved for clearing or development as shown on the approved site plan. Point Assignment: -to -5 -2 Criteria: An application which proposes to clear an area of habitat type and quality from Group 4 which includes the following: . high hammock (high quality) . low hammock (high quality) . pinel and . unscarified beach/berm . saltmarsh and buttonwood wetlands . palm hammock . cactus hammock An application which proposes to clear an area of habitat type and quality from Group 3 which includes the following: . high hammock (moderate quality) . low hammock (moderate quality) An application which proposes to clear an area of habitat type and quality from Group 2 which includes the following: . high hammock (low quality) . low hammock (low quality) . scarified land with saltmarsh and buttonwood BOCC Affordable Housing Page 29 of 39 ORDINANCE #034(a)-99 Initials +1 · scarified land with beach/berm (design standards). An application which proposes to develop in an area of habitat type and quality from Group 1 which includes the following: . scarified/scarified . scarified with exotics Additional Requirements: 1. If the approved clearing area includes more than one habitat type/habitat quality group, points shall be assigned to the application for development on the basis of the following formula: (area of clearing in Group l/area in parcel of land to be cleared) x (+ 1) +( area of clearing in Group 2/area in parcel of land to be cleared) x (-2) + (area of clearing in Group 3/area in parcel of land to be cleared) x (-5) +(area of clearing in Group 4/area in a parcel of land to be cleared) x (- 10) 2. A determination of the quality of an unscarified high hammock, low hammock or pine lands shall be made through the utilization of the habitat analysis indices and scores (HEI), applied pursuant to article VII, (environmental design standards) BOCC Affordable Housing Page 30 of 39 ORDINANCE #034(a)-99 Initials (8) THREATENED OR ENDANGERED ANIMAL SPECIES The following points are based on a probable impacts of a proposed development on the successful protection and recovery of a threatened or endangered animal species in its natural habitat. Point Assignment: -10 -10 -10 -5 -2 Criteria: An application which proposes a dwelling unit within a known habitat of a documented threatened! endangered species. An application which proposes a dwelling unit within one hundred (100) feet of any known nesting area for marine turtles, as described in Sec. 9.5-286 (Shoreline Setbacks). An application which proposes a dwelling unit within five hundred (500) feet of any known nesting or resting area of the piping plover. An application proposes a dwelling unit within a probable or potential habitat of a threatened!endangered speCIes. An application which proposes a dwelling unit within the habitat of a wide-ranging threatened! endangered species or a species of special concern. (9) CRITICAL HABITAT AREAS The following points are intended to discourage development in critical habitat areas of the Florida Keys. Point Assignment: -10 Criteria: An application which proposes a dwelling unit on Big Pine Key, No Name Key, Ohio Key or North Key Largo. BOCC Affordable Housing Page 31 of39 ORDINANCE #034(a)-99 Initials -10 -10 -10 An application which proposes a dwelling unit within the Priority I and Priority II acquisition areas of the National Key Deer Refuge. An application which proposes a dwelling unit within the Coupon Bight or C.A.R.L. acquisition areas. An application which proposes a dwelling unit within the 'secondary zone' defined by the u.s. Fish and Wildlife Service in the Habitat Management Guidelines for the Bald Eagle in the Southeast Region, 1987, incorporated herein by reference. (1 0) PERSEVERANCE POINTS The following points are intended reward an application based upon the number of years spent in the residential RaGa system without receiving an allocation award. Point Assignment: +1 +2 Criteria: A point shall be awarded on the anniversary of the controlling date for each year that the application remains in residential RaGa system up to four (4) years. Points shall be awarded on the anniversary of the controlling date for each year over four (4) that the application remains in the dwelling unit allocation system. Additional Requirements: 1. If, after gaining a perseverance point or points, an application should be withdrawn for any reason, the perseverance point, or points gained shall be retained; however, a new controlling date shall be established as provided in Sec. 9.5-122.I(a). BOCC Affordable Housing Page 32 of 39 ORDINANCE #034(a)-99 Initials (11) COASTAL HIGH HAZARD AREA The following points are intended to discourage development in a coastal high hazard area (CHHA). Point Assignment: -1 -6 +1 Criteria: An application which proposes a development within a 'A' zone on the FEMA flood insurance rate map. An application which proposes a development within a tv' zone on the FEMA flood insurance rate map. An application which proposes a development within a 'X' zone on the FEMA flood insurance rate map. Additional Requirements: 1. The term coastal high hazard area (CHHA) is defined in Sec. 9.5-4 and the applicable areas are shown on the most recent Federal Emergency Management Agency (FEMA) flood insurance rate map. (12) COASTAL BARRIER RESOURCES SYSTEM (CBRS) The following points are intended to discourage development of the CBRS. Point Assignment: -10 Criteria: Application proposes development within units of the Coastal Barrier Resources System (CBRS). Additional Requirements: 1. The term coastal barrier resources system (CBRS) is defined in Sec. 9.5-11 and the applicable areas are shown on the most recent FEMA flood insurance rate map. For a general listing of the County's fifteen (15) CBRS units, see the Technical Document. BOCC Affordable Housing Page 33 of 39 ORDINANCE #034(a)-99 Initials (13) OFFSHORE ISLANDS AND CONSERVATION LAND PROTECTION AREAS The following points are intended to discourage development, which impacts offshore islands and conservation land protection areas. Point Assignment: Criteria: -lOAn application which proposes development of a parcel designated offshore island (OS) on the zoning map. -2 An application proposes a development, which may negatively impact conservation land protection areas. Additional Requirements: 1. The determination of negative impact shall be based upon the management plans developed for conservation land protection areas pursuant to the 2010 Plan. (14) TRANSFERABLE DEVELOPMENT RIGHTS (TDRs) The following points are intended to encourage the use of transferable development rights (TDRs)to decrease the development potential of sensitive sender sites. Point Assignment: Criteria: + 1 An application that proposes development on an eligible receiver site shall earn a point for each whole development right transferred from an eligible sender site. (15) HISTORIC RESOURCES The following points shall be assigned in order to encourage protection of historic and archaeological resources. Point Assignment: -10 Criteria: An application which proposes development, which adversely affects, removes or destroys historic structures located within a local or national district or destroys a known archaeological resource. BOCC Affordable Housing Page 34 of 39 ORDINANCE #034(a)-99 Initials +10 An application proposes a development, which preserves, restores or enhances historic or known archaeological resources. Additional Requirements: 1. The Secretary of the Interior's guidelines shall be used in making these determinations. (16) WATER CONSERVATION The following points are intended to encourage the use of water conservation measures. No points shall be awarded for proposed development in areas in which a Florida Keys Aqueduct Authority water connection is prohibited, as described in Chapter 48-7, F.A.C. Point Assignment: +1 Point Assignment: +1 Criteria: An application which includes an ultra-low volume plumbing fixtures for all toilets, sinks, and showers, meeting the following flow rates: toilets 1.6 gal/flush showerheads 2.5 gal/min. faucets 2.0 gal/min. Criteria: An application includes either: a primary water source consisting of a cistern (12,500 gallon minimum) or a reverse osmosis (RO) facility (200 gallon per day minimum); or a secondary water source consisting of a cistern (2,500 gallon minimum) or a reverse osmosis facility (50 gallon per day minimum). Additional Requirements: 1. Only one (1) point shall be earned in this category. 2. All RO systems must be used to convert saltwater to potable fresh water. Using RO facilities which merely filters potable water shall not be awarded a point. BOCC Affordable Housing Page 35 of 39 ORDINANCE #034(a)-99 Initials 2. All RO systems must be used to convert saltwater to potable fresh water. Using RO facilities which merely filters potable water shall not be awarded a point. (17) ENERGY CONSERVATION The following points are intended to encourage the use of energy conservation measures. No points shall be awarded for proposed development in areas not served by the Florida Keys Electric Cooperative or the City Electric System. Point Assignmen( +1 Criteria: An application which includes a dwelling unit with any installed air conditioning units must have an Energy Efficiency Rating of 12 or better. An application which proposes a dwelling unit with a solar hot water panel with a minimum of 14 kwh/day. +1 +1 An application which proposes a dwelling unit with a photovoltaic system which generates a minimum of 14 kwh/day. An additional point shall be awarded when a photovoltaic system, meeting this minimum size is used to eliminate any reliance on the conventional grid system. An application which proposes a dwelling unit with a heat recovery unit which provides supplemental heating of domestic hot water. +1 +1 (18) STRUCTURAL INTEGRITY OF CONSTRUCTION The following points are intended to encourage high standards of structural integrity. Point Assignment: Criteria: BOCC Affordable Housing Page 36 of 39 ORDINANCE #034(a)-99 Initials +1 An application proposes a dwelling unit which exceeds the minimum flood elevation by thirteen (13) inches or more. Point Assignment: +1 Criteria: An application which proposes a dwelling unit designed to meet a minimum peak wind speed of one hundred and sixty (160) miles per hour. +1 Application which meets meet a minimum peak wind speed of one hundred and seventy five (175) miles per hour shall earn an additional point. Additional Requirements: 1. A qualified engineer or architect must certify wind loading. Sec. 9.5-123. Appeals. (a) An appeal from the decision of the planning commission shall be made to the board of county commissioners. The notice of such appeal shall be in a form prescribed by the director of planning and must be filed with the director of planning within twenty (20) days of the planning commission's decision. Upon the filing of an appeal, the planning commission's secretary will forward to the board all relevant files and records relating to the matter. Failure to file an appeal with the board shall constitute a waiver of any rights under this chapter to further the decision of the planning commission on the awarded dwelling unit allocations. (b) The filing of an appeal shall not stay either the action of the planning commission or the action of the director of planning. ( c) If, as a result of a successful appeal, additional allocation awards are to be made, the board shall instruct the director of planning as to how many dwelling units shall receive allocation awards, when such allocation awards are to be made and what effect such additional allocation awards will have on the current annual or quarterly dwelling unit allocation. To ensure that the BOCC Affordable Housing Page 37 of39 ORDINANCE #034(a)-99 Initials residential dwelling unit allocations set forth in Sec. 9.5-122 are not exceeded, the director of planning shall inform the planning commission of the results of the appeal and the disposition of any additional allocation awards. Sec. 9.5-124. Intentionally left blank. Section 4. Secs. 9.5-266 shall be amended and read as follows: Sec. 9.5-266. Affordable housing; employee housing. (a) Affordable Housing: (4) In order for the owner of a parcel of land to be entitled to the incentives outlined in this section, Division 1.5, Article III, the owner must ensure that: e. The use of an affordable housing dwelling unit is restricted for a period of at least twenty (20) years to households with an income no greater than one hundred (100) percent of the median adjusted gross annual income for households within Monroe County; and f. The size of an affordable residential dwelling unit shall be limited by a condition to be placed on the development permit which restricts the habitable space of the unit to a maximum of one thousand three hundred (1,300) square feet for a period of at least twenty (20) years; and g. The eligibility of a potential owner -occupier of an affordable housing residential dwelling unit shall be determined by the Planning Department at the time a potential owner either applies for an affordable housing residential RaGa allocation, or applies to purchase a unit that utilized an affordable housing RaGa allocation unit to determine if the applicant meets the affordability criteria as defined by Sec. 9.5-4 (A-5). h. The eligibility of a potential renter of an affordable housing residential dwelling unit shall be determined by the Planning Department at the time the potential renter applies to occupy a residential dwelling unit that utilized an affordable housing residential RaGa allocation pursuant to Sec. 9.5-4 (A-5). BOCC Affordable Housing Page 38 of39 ORDINANCE #034(a)-99 Initials Section 5. Section 6. Section 7. Section 8. Section 9. RaGa applications that are submitted and assigned a controlling date prior to O~tgg~r 15, 1999 January 13,2000 shall be reviewed pursuant to Ordinance #006- 1997. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. This ordinance shall be filed in the Office of the Secretary of State 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 this ordinance. This ordinance shall transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 10th day of November , A.D., 1999. Commissio~er Wilhelmina Harvey Mayor Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams Yes Yes Yes Yes Yel; ~):(~.-:~'-::;::-:''''':'~ ::~'.>..., /(',< . 'i":"~'-;{~\ I..' ~. .'. .. ""'ST1AL) I ~ "" / ...~,,}., ,,: ,-, ~ '" ;~l ~ t., ;': <r~'..f>':'h \..'\-:':.:~' '"p-.,g "',' \'A.n,~WQl~';.,'" ,. ~ ~;;J.:.... ;~.:__ '~.' t, '," . Cy BY BOCC Affordable Housing Page 39 of 39 ORDINANCE #034(a)-99 Initials 1!lannp lL. kolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIlON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 JR. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 December 6, 1999 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find a certified copy of the following Ordinance: Ordinance No. 047-1999 adopting amendments to the Residential ROGO and repealing Ordinance No. 006-1999. These amendments to portions of Sections 9.5-4, 9.5-120 through 9.5-124 and 9.5-266 address affordable housing in environmentally sensitive lands, pool unused affordable housing ROGO allocations, revise points for energy conservation and structural integrity, provide new definitions, create transfers of ROGO exemptions for off-site redevelopment, modify the qualifying criteria for affordable housing ROGO allocations and revise the total number of allocations available in unincorporated Monroe County to reflect the incorporation of Islamorada. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on November 10, 1999. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners bYaaG~~ puty Cl k Cc: Board of County Commissioners County Administrator County Attorney Growth Management File Post Offi Postage Certified Fee Z 408 337 266 + Law e Elliott Building South Monroe Street o l{) ~ Return Receipt Showl Whom & Date Delivered -g, Return Receipt Showing to Whom, <( Date, & Addressee's Address c:i g TOTAL Postage & Fees M Pos~ark pr Date ~ a",J,,,, 4 M.:'" ~ 0 '1-7. I' , 7 u- rn 11. Is your RETURN ADDRESS completed on the reverse side? OJ c: ~ ~ ; ~. ~ ~ ~ (I) 3 -. 0 ,a. 'ji'o -3: ~~':I\ ::T.... -t )> ... S>>Cf)::Tc.(I) , (\ :0(1)3' .:;" (I) S. m :i" c: ;:: Cl)::T---N III C)- =:cn 3~.,,~s.::O ~~ r-o-~o . ::1....- .... Cot).......,< c: ... I\) 0 S, II C. .... 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N 6' tr' Thank you for using Return Receipt Service. !'J ~ ~'Pl: ",'" (I) 0 s.~. [6::T "'- ~O Q~ ~ ~. (I) (I) ~- ~::T III (I) arc (1)= ':-:'0 =JE DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach COlUlty Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLING MUSEUM OF ART FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS December 8, 1999 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of December 6, 1999 and certified copy of Monroe County Ordinance No. 047-1999, which was filed in this office on December 8, 1999. Q Liz Cloud, Chief Bureau of Administrative Code LC/mp :x Q ~ > :lIl:J-z ~z ,..,x-< n' QC'): c:-~ :eoo ~r- ~: .:z: .,...> ,... e l* "' BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us \0 10 Jir Q " ;:= ,." Q ..." C :::0 :0 1"11 n Co) ::a c - ~ ;: .'J!.. ~'-' - • • infopmail.monicode.coa — 't-,Z 1' PO 90x 2235 s _ 4 u.s.pos,aGI �. Tallahassee, Fl 32316-2235 NAY-3'00t77 _ Supplement GO 05/02/2000 eT • ® . O R . FL 8560 H 68560�'S ,`. We have received the following material through hard copy. Thank you for your assistance and cooperation. • Ordinance Hoe. 47-1999, 022-2000, 023-2000, 024-2000 snd 025-2000. TO: Ha. Pamela G. Hancock EOO-262-2633 fax B50-575-1i852 L OJ Deputy Clerk Looking for a customer complaint tracking software 9,onroe County We offer a comprehensive software called CCAR 500 Hhitehead Street Tired of railing out Codes and Suppleannt? Prey Hest, FL 33040 . He can distribute them for you for a minimal fee! • Growth Manal!:ement Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of Countv Commissioners Mayor Shirley Freeman, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Commissioner Wilhelmina Harvey, Dist. I Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 March 30,2000 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Municipal Code Corporation Supplement Department 1700 Capitol Circle, SW Tallahassee,FL 32310 ATIN: Ms. Evelyn Jefferson RE: Monroe County Ordinance No. 047-1999, Amendments to Residential ROGO, 9.5-4, 9.5-120 through 9.5-124 and 9.5-266 Dear Ms. Jefferson: Enclosed is a copy of Monroe County Ordinance 047-1999 with amendments to the Residential RQGO and repealing Ordinance No. 006-1997. These amendments are to portions of Sections 9.5-4, 9.5-120 through 9.5-124 and 9.5-266 addresses affordable housing. This ordinance was adopted by the Monroe County Board of County Commissioners on November 10, 1999 and was transmitted to the Department of Community Affairs for review on December 20, 1999. We received confirmation from DCA that Final Order DCAOO-OR-030, dated February 10,2000, revised and approved the ordinance and that it became effective on March 10,2000. I am forwarding this ordinance and its corresponding Land Development Regulations to you for incorporation into the Monroe County Code. If you have any questions, please call me at (305) 289-2517. Thank you for your assistance. Sincerely, Enclosure 1 cc: Board of County Commissioners w /0 encl. Danny L. Kolhage, Clerk w /0 encl. James L. Roberts, County Administrator w/o encl. James T. Hendrick, County Attomey w /0 encl. Timothy J. McGarry, Director of Growth Management w /0 encl. Ralph Gouldy, Acting Director of Environmental Resources w /0 encl. K. Marlene Conaway, Director of Planning w /0 encl. Kim Ogren, Sr. Administrator, Comprehensive Plan w /0 encl. Jean Tumminia, Mapping Coordinator w /0 encl. 2 /)1. nlannp lL. }&olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF lliE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH omCE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: February 14,2000 TO: Board of County Commissioners James Roberts, County Administrator James Hendrick, County Attorney Pamela G. Hanco~ Deputy Clerk U FROM: Attached please find the DCA Final Order No. DCAOO-OR-030 in reference to the Monroe County Land Development Regulations (Amendments to Residential ROGO) Adopted by Monroe County Ordinance No, 047-1999, which was sent to our office for forwarding, DCA Final Order No. DCAOO-OR-030 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS (AMENDMENTS TO RESIDENTIAL ROGO) ADOPTED BY MONROE COUNTY ORDINANCE NO. 047-1999 FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuantto 99 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (1999), which require the Department to enter a final order approving or rejecting land development regulations adopted by Monroe County. This Final Order rejects in part and approves the remainder of Monroe County Ordinance No. 047-1999 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 unit of government within the Florida Keys Area. 2. On December 22, 1999, the Department received for review Monroe County Ordinance No. 047-1999 which was adopted by the Monroe County Board of County Commissioners on November 10,1999 ("Ord. 047-1999"). Ord. 047-1999 repeals Monroe County Ordinance No. 006-1997 and amends various provisions of the Monroe County Land Development Regulations codified at Sec. 9.5-4, Sees. 9.5-120 through 9.5-124, and Sec. 9.5-266 of the Monroe County Code (the "County Code"). 3. Section 1 of Ord. 047-1999 repeals Monroe County Ordinance 006-'"1997 (effective DCA Final Order No. DCAOO-OR-030 May 22, 1998 and revised Sees. 9.5-121 through 9.5-129 of the County Code) in its entirety. Section 2 ofOrd, 047-1999 amends Sec. 9.5-4 of the County Code. Section 3 ofOrd. 047-1999 completely rewrites Sees. 9.5-120 through 9.124 of the County Code (creating a new Division 1.5 within the Code entitled "Rate of Growth Ordinance" and subdivision therein). Section 4 of Ord. 047-1999 amends Sec. 9.5-266 ofthe County Code. The foregoing amends the residential ROGO regulations, addresses affordable housing in environmentally sensitive lands, allows pooling of unused affordable housing ROGO allocations, revises points for energy conservation and structural integrity, provides new definitions, modifies qualifying criteria for affordable housing ROGO allocations, and revises the total number of allocations available in unincorporated Monroe County as a consequence of the incorporation of Islamorada, Village of Islands. Sections 5 through 9 of Ord. 047-1999 are general provIsIOns. 4. Further, Ord. 047-1999 creates a new sub-section, Sec. 9 .5-120.4(b) of the County Code, entitled "Transfer Off-site." This sub-section permits certain existing transient and residential units and spaces previously counted under ROGO to be transferred off-site and exempts such transfers from residential ROGO compliance. The off-site transfer provisions, as adopted by Ord. 047-1999, set forth incomplete requirements in order for the 'receiver' site to be eligible for transfer (i. e. no negative points in the significant or critical habitat categories). The new off-site transfer provisions do not direct development to locations in a manner consistent with the objectives of the County's comprehensive plan, particularly the point allocation system (for example whether a potential transfer from the 'sender' site to the proposed 'receiver' site will. among other things, 2 DCA Final Order No. DCAOO-OR-030 encourage the infilling of already platted subdivisions, encourage development to those areas where infrastructure is already existing, discourage development in coastal high hazard areas; discourage development within areas of the Coastal Barrier Resource System, discourage development that impacts offshore islands and conservation land protection areas, and/or encourage the preservation and protection of historic and archaeological resources). In this regard, the off-site transfer provisions contained in Sec. 9-5.120.4(b), as adopted by Ord. 047-1999, are inconsistent with Objectives 101.5, 101.11, 101.13, 101.14, 102.3, 102.8, 104.3, and 217.3 of Monroe County's Comprehensive Plan. CONCLUSIONS OF LAW 1. The Department is required to approve or reject any and all land development regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys Area of Critical State Concern within 60 days of receipt by the Department. 99380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (1999). 2. Monroe County is a unit of government within the Florida Keys Area of Critical State Concern. 9 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla. Admin. Code) and Chapter 28-30, Fla. Admin. Code. 3. "Land development regulations" include local zoning, subdivision, building and other regulations controlling the development ofland. 9380.031(8), Fla. Stat. (1999). The regulations adopted by Ord. 047-1999 are land development regulations, as defined by statute. 4. All land development regulations enacted, amended or rescinded by Monroe County 3 DCA Final Order No. DCAOO-OR-030 must be consistent with the Principles for Guiding Development (the "Principles"). 9 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 24 Fla. L. Weekly. D1807 (Fla. 3d DCA Aug. 24, 1999). In reviewing the land development regulations for consistency, the Principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 9 380.0552(7), Fla. Stat. (1999). 5. The Department has reviewed all provisions of Ord. 047-1999 for consistency with the Principles. In this regard, Ord. 047-1999 affects, in various degrees, all twelve Principles. 6. The first Principle states: "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." 9 380.0552(7)(a) (1999). It follows, afortiori, that any land development regulation proposed by Monroe County that is inconsistent with its own comprehensive plan undermines its capability to manage land use and development. Rathkamp, supra. Moreover, a local government in the Florida Keys Area which adopts land development regulations which are inconsistent with its comprehensive plan cannot achieve the objectives described in the other Principles [paragraphs (b) through (I)], and should reasonably expect that the area of critical state concern designation will continue. Id. Therefore, land development regulations must also be reviewed for consistency with Monroe County's Comprehensive Plan. 7. Here, the provisions of Sec. 9-5.120(4)(b) of Ord. 047-1999 allowing existing transient and residential units to be transferred from one site (previously approved under ROGO or 4 DCA Final Order No. DCAOO-OR-030 vested) to a different site(s)--without adequate restrictions on such transfer and without adequate regard for the location and quality of the 'receiver' site--are not consistent with the Principles as a whole. Specifically, these provisions are not consistent with paragraph (a) of the Principles to the extent that they are inconsistent with the previously referenced objectives of Monroe County's Comprehensive Plan and regulations thereunder. 9 380.0552(7)(a), Fla. Stat. Further, these provisions are not consistent with paragraphs (e), (f), (g), (h), (i), (k) and (I) of the Principles due to their potential to undermine and conflict with the goals, objectives, and policies of residential ROGO, including the discouragement of development in coastal high hazard areas. 99 380.0552(7)(e), (f), (g), (h), (i), (k) and (I), Fla. Stat. Accordingly, the following provisions ofOrd. 047-1999 are deemed not consistent with the Principles: · Sec. 9.5-120.4(b) (sub-headed "Transfer Off-site"). Ord. 047-1999, at pages 10 and 11. 8. The Department has determined that the remainder 0 fOrd. 047-1 999 ( excl uding those provisions cited in the preceding paragraph) are consistent with the Principles as a whole. Ord. 047- 1999 improves upon the residential ROGO regulations in terms of promoting affordable housing in furtherance of paragraphs (a), (d) and (j) of the Principles. SS 380.0552(7) (a), (d), and (j), Fla. Stat. (1999). Further, Ord. 047-1999 discourages development in significant and critical habitat areas and areas containing threatened or endangered species in furtherance of paragraphs (b) and (c) of the Principles. SS 380.0552(7) (b) and (c), Fla. Stat. (1999). WHEREFORE, IT IS ORDERED that the following portions ofOrd. 047-1999 are found not 5 DCA Final Order No. DCAOO-OR-030 to be consistent with the Principles found at S 380.0552(7), Fla. Stat. (1999) and, therefore, are hereby REJECTED: Sec. 9.5-120.4(b) (sub-headed "Transfer Off-site"), at pages 10-11. Except as referenced above, all other provisions of Ord. 047-1999 are found to be consistent with the Principles found at S 380.0552(7), Fla. Stat. (1999), as a whole, and are 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 this IlJ~ day of February, 2000 in Tallahassee, Florida. ~ 1. MAS BECK, 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 ORDERHAS THE OPPORTUNITY FORAN 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 IU, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MA Y BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL 6 DCA Final Order No. DCAOO-OR-030 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 F ACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRA TIVE 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 ADMINISTRA TIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAYBE 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 AFF AIRS 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 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. 7 DCA Final Order No. DCAOO-OR-030 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 ~aY of Febl1Ji!fY, 2000. _ ~ (~. ~ 4-rnJ- Paula Ford Agency Clerk Bv u.s. Mail: Hon. Wilhelmina Harvey Mayor of Monroe County 500 Whitehead Street Key West, Florida 33040 r~l f~.~t ~' } . .'s~-d Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 ..<~ . ,;. ;;' i.:,j't i~ liZrf:..:rl ~~/OfO Mlr:tli\' . Date DO:"i\.t~...{ . .; Timothy J. McGarry, AICP Acting Director of Planning 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Bv Hand Delivery or Interagencv Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee 8