Ordinance 025-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO.025 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 130-160, TRANSFERABLE DEVELOPMENT
RIGHTS, REVISING THE LAND DEVELOPMENT
REGULATIONS TO BE CONSISTENT WITH POLICY 101.13.4 OF
THE MONROE COUNTY COMPREHENSIVE PLAN,
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, the Board of County Commissioners approved Ordinance #004-2013 on
January 16, 2013. The intent of the ordinance was to amend the provisions of Monroe County
Code Section 130-160 to be consistent with Monroe County Comprehensive Plan Policy
101.13.4; and
WHEREAS, Monroe County Code Section 130-160 and Monroe County Comprehensive
Plan Policy 101.13.4 pertain to transferable development rights, commonly referred to as TDRs;
and
WHEREAS, additional amendments to Monroe County Code Section 130-160 are necessary
to address inconsistencies between Monroe County Code Section 130-160 and the Monroe
County Comprehensive Plan that were inadvertently not corrected by Ordinance #004-2013; and
WHEREAS, Monroe County Comprehensive Plan Policy 101.13.4 allows the transfer of
TDR's from sender sites within habitat of specified types which lie within any zoning category;
however Monroe County Code Section 130-160 - as revised by Ordinance #004-2013 - requires
that the sender site be within a listed zoning category (and thus restricted to only those 6 zoning
categories) and be within a listed habitat type (and thus further restricted to having to comply
with the zoning criteria and the habitat criteria, rather than one or the other); and
WHEREAS, Monroe County Comprehensive Plan does not prohibit the transfer of TDR's to
tier I parcels. In other policies, the Comprehensive Plan discourages development on tier I
parcels; however it does not prohibit; and
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WHEREAS, based upon the information and documentation submitted, the Commission
makes the following Conclusions of Law: 1) the text amendment is consistent with the Principles
for Guiding Development in the Florida Keys Area of Critical State Concern; 2) the text
amendment is consistent with the provisions and intent of the Monroe County Comprehensive
Plan; and 3) the text amendment is consistent with the provisions and intent of the Monroe
County Code; and
WHEREAS, during a regularly scheduled meeting held on April 23. 2013, 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 29, 2013, the Monroe
County 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. Section 130-160 of the Monroe County Code shall be amended as:
Sec. 130-160. Transferable development rights (TDR's).
(a) General and criteria. All residential development rights allocated or established in
sections 130-157 and 130-162 are transferable from one parcel of land to another parcel
of land, provided that the sender and receiver sites meet all of the following criteria:
(1) A sender site is the land area from which the development right(s) to be transferred is
derived. In the event an applicant intends to only use part of a greater property for a
transferable development right application, the additional land area not required to
amass the transferable development right(s) shall not be considered part of the sender
site and not subject to conservation as required in subsection (8). As part of the
application required in subsection (b)(2), the applicant shall provide a boundary
survey and legal description that identify the boundaries of the sender site within the
greater property.
A sender site shall be within one of the following Land Use (Zoning) Districts in
subsection a. and/or contain at least one of the following habitat types in subsection
b..
a. Land Use (Zoning) Districts: Conservation (C), Mainland Native (MN), Native
Area (NA), Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled
(SS).
b. Habitat Types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands, High
quality high hammock, High quality low hammock, Moderate quality high
hammock, Moderate quality low hammock, High quality pinelands, Low quality
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pinelands, Beach/berm, Palm Hammock, Cactus Hammock, and/or Disturbed
wetlands.
(2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be
exceeded and new development on a receiver site shall be developed in compliance
with each and every requirement of this Land Development Code.
(3) The maximum net densities set forth for the applicable future land use category in the
comprehensive plan shall not be exceeded and new development on a receiver site
shall be developed in compliance with each and every requirement of the
comprehensive plan.
(4) The assignment of transferable development rights to receiver sites designated tier I
shall be discouraged.
(5) The assignment of transferable development rights to receiver sites on Big Pine Key,
No Name Key, and North Key Largo from other areas of the County shall be
prohibited, excluding the assignments of transferable development rights a) from
sender sites on Big Pine Key to receiver sites on Big Pine Key; b) from sender sites
on No Name Key to receivers sites on No Name Key, and c) from sender sites within
North Key Largo to receiver sites within North Key Largo.
(6) The assignment of transferable development rights to receiver sites within Land Use
(Zoning) Districts that do not have a maximum net densities is prohibited (including,
but not limited to, Improved Subdivision (IS, IS-D, IS-M, or IS-V), Urban Residential
Mobile Home (URM or URM-limited), Sparsely Settled (SS), Native Area (NA),
Offshore Island (OS), and Mainland Native (MN).
(7) A development right may be transferred in part, provided it is rounded to the nearest
tenth (i.e. if a sender site is designated Native Area (NA) and consists only of two (2)
acres of upland, the property owner may transfer the fractional 0.50 transferable
development right). However, in accordance with subsection (8), in no event shall a
property owner utilize part of a sender site's acreage for a transferable development
right and maintain the right to develop that acreage as the land use intensity shall be
exhausted.
(8) Prior to application for a building permit authorizing the development of a residential
dwelling unit on a receiver site requiring a transferable development right, the sender
site(s) shall be a) dedicated to the County or b) placed in a conservation easement
prohibiting its future development. A conservation easement shall be reviewed and
approved by the Planning and Environmental Resources Department prior to its
recording in the official records of the County.
(b) Procedure. The transfer of development rights shall be carried out as follows:
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(1) A minor conditional use permit shall be required to identify, determine the eligibility
of and document the approval of the sender and receiver site, pursuant to the process
set forth in section 110-69. If a single receiver site is proposed to receive transferable
development rights from multiple sender sites, a conditional use permit application
for each sender site shall be required. All sender and receiver sites associated with a
proposed transfer of a transferable development right shall be identified at the time of
application;
(2) The minor conditional use permit application required in subsection (b)(1) shall be
submitted in a form provided by the Planning and Environmental Resources
Department and include the following:
a) The names and addresses of the property owners of record for the sender
site(s) and receiver site(s);
b) The property record cards from the Monroe County Property Appraiser of the
sender site(s) and receiver site(s);
c) Written legal descriptions of the sender site(s) and receiver site(s);
d) A copy of the affidavit of intent to transfer;
e) Boundary surveys and legal descriptions of the sender site(s) and receiver
site(s), prepared by a surveyor registered in the State of Florida, showing the
boundaries of the sites, elevations, bodies of water and wetlands, total
acreage, total upland acreage and total acreage by habitat; and
f) Vegetative studies of the sender site(s) and receiver site(s).
(3) A development order shall memorialize approval of the minor conditional use permit
required in subsection (b)(1). The development order shall include language requiring
a Deed of Transfer described in this subsection (below). After successfully passing all
applicable appeal periods, the development order shall be recorded in the official
records of the Monroe County Clerk of the Circuit Court. Such recording shall be
carried out so that the document is associated with all applicable sender and receiver
sites; and
(4) Prior to issuance of a building permit authorizing the development of a residential
dwelling unit, all or a part of which is derived from a transferred development right, a
deed of transfer shall be recorded in the chain of title of the sender site (transferor
parcel) containing a restrictive covenant prohibiting the development that would
require use of any of the allocated density that was transferred from the parcel.
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.
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Section 3. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
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. Filina.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 7 until a final order is issued according to F.S. 380.05(6) by
the Florida State Land Planning Agency or Administration Commission approving the ordinance,
and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
Chapter 120.
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. This ordinance
applies to any applicable application submitted after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17thday of July , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD
Attest: Amy Heavilin, Clerk
Clerk
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COMMISSIONERS
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Mayor George Neugent
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MONROE COUNTY ATTORNEY
Page 5 of 5 AP VED AS FORM:
S EVE T, WILLIAMS
ASSISTANT C UNTY ATTORNEY
Data r i
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
August 15, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7011-3500-0002-0450-6071
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 025-2013 amending Monroe County
Code (MCC) Section 130-160 pertaining to transferable development rights (TDR's) by revising the
provisions of the section to be consistent with Monroe County Comprehensive Plan (CP) Policy
101.13.4.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 17, 2013. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D. C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
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PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540
RICK SCOTT
Governor
August 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated August 15, 2013 and certified copies of Monroe County Ordinance Nos. 025-2013, 029-2013, 030-
2013 and 031-2013, which was filed in this office on August 19, 2013.
Since ely,
Liz Cloud
Program Administrator
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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-13-107
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY o
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In re: A LAND DEVELOPMENT REGULATION ry
ADOPTED BY MONROE COUNTY, FLORIDA, _
ORDINANCE NO. 025-2013 _
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO.025-2013
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat., approving land development regulations
adopted by Monroe County, Florida, Ordinance No. 025-2013 (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 July 17, 2013, and rendered to
the Department on August 26, 2013.
3. The Ordinance amends Section 130-160 of the Land Development Code, entitled
"Transferrable Development Rights," to provide that transferrable development rights shall come
from Conservation (C), Mainland Native (MN), Native Areas (N), Offshore Island (OS), Parks
and Refuge, or Sparsely Settled land use designations or contain specified habitat types, but not
both. The Ordinance also amends Section 130-160(a)(4) to provide that the assignment of
transferrable development rights to receiver sites designated Tier I shall be discouraged instead
of prohibited.
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1
FINAL ORDER NO. DEO-13-107
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 Principles:
(b) Protecting shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife and their habitat.
(c) Protecting upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation, dune ridges and
beaches, wildlife, and their habitat.
(f) Enhancing natural scenic resources, promoting the aesthetic
benefits of the natural environment, and ensuring that development
is compatible with the unique historic character of the Florida
Keys.
8. The Ordinance is consistent with Future Land Use Element Objective 10 1. 11 and
Policy 101.13.4, and with Coastal and Conservation Element Policy 204.2.1, in the Monroe
County Comprehensive Plan.
2
FINAL ORDER NO. DEO-13-107
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 025-2013 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.
WILLIA KILLINGSWORTH
Director, Rlision of Community Development
Departmen 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 I1I, 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-13-107
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
ECONOMIC OPPORTUNITY 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
FAX NUMBER 850-921-3230
AGENCY CLERK EMAIL: JAMES.BELLFLOWER@DEO.MYFLORIDA.COM
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.
FINAL ORDER NO. DEO-13-107
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the method indicated this i fJ day of October, 2013.
James W. Bellflower, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin, Clerk
Monroe County Commission
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