Ordinance 003-2014EE
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6 ORDINANCE NO003- 2014
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8 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
9 COUNTY COMMISSIONERS DELETING MONROE
10 COUNTY CODE SECTION 130 -158, IMPROVED
11 SUBDIVISION AND COMMERCIAL FISHING VILLAGE
12 DISTRICT DENSITIES AS DUPLICATIVE; REMOVING
13 INVALID PROVISIONS REGARDING COMBINING OF
14 CONTIGUOUS LOTS IN COMMON OWNERSHIP;
15 DELETING SECTION 130 -159, URBAN RESIDENTIAL -
16 MOBILE HOME DISTRICT DENSITY AS DUPLICATIVE;
17 REMOVING INVALID PROVISIONS REGARDING
18 COMBINING OF CONTIGUOUS LOTS IN COMMON
19 OWNERSHIP; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR REPEAL OF CONFLICTING
21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
22 STATE LAND PLANNING AGENCY AND THE
23 SECRETARY OF STATE; PROVIDING FOR
24 CODIFICATION; PROVIDING FOR AN EFFECTIVE
25 DATE.
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28 WHEREAS, the current regulations reduce the density associated with a platted lot by
29 simple act of a property owner purchasing two contiguous IS, URM, or CFV lots on any date
30 after September 15, 1986; and
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32 WHEREAS, density is regulated by the adopted Comprehensive Plan and the adopted
33 Monroe County Code, which assign an allocated density of 1 dwelling unit per lot to the
34 Residential Medium (RM) future land use category and the Improved Subdivision (IS),
35 Commercial Fishing Village (CFV), and Urban Residential Mobile Home (URM) land use
36 districts; and
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38 WHEREAS, the provisions of MCC §130- 158(a) which state "...the owner of a lot in an
39 improved subdivision district or commercial fishing village district shall be entitled to develop a
40 single - family detached dwelling on the lot..." are duplicative with the relevant density tables in
41 MCC §130 -157 and CP Policy 101.4.22; and
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43 WHEREAS, the provisions of MCC § 130- 159(a), which state "...the owner of a lot in an
44 urban residential — mobile home district shall be entitled to develop a dwelling on the lot..." are
45 duplicative with the relevant density tables in MCC §130 -157 and CP Policy 101.4.22; and
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47 WHEREAS, the provisions of MCC §130- 158(b) and §130- 159(b) were found to be
48 unconstitutional and invalid on April 6, 1989 when the Court ruled against Monroe County and
49 the Florida Department of Community Affairs in W. A. Perkins v. Monroe County, No. 88 -706
50 (Fla. Cir. Ct. Apr. 6, 1989) on the constitutional and statutory validity of Sections 9.5 -263 and
51 9.5 -264 of the Monroe County Code (formerly Sections 9 -303 and 9 -304 of the Florida Keys
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1 Comprehensive Plan), also known as the "Contiguous Lot Provisions," and permanently
2 enjoined the County and State from enforcing the subject Provisions on the basis of their
3 violations of the Due Process and Equal Protection Clauses of the United States and Florida
4 Constitutions, and their violations of Chapters 163 and 380, Florida Statutes, and Sections
5 718.507 and 719.507, Florida Statutes; and
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7 WHEREAS, the Monroe County Development Review Committee considered the
8 proposed amendment at a regularly scheduled meeting held on the 25th day of June, 2013; and
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10 WHEREAS, at a regularly scheduled meeting held on the 28th day of August, 2013, the
11 Monroe County Planning Commission held a public hearing to consider, review and receive
12 public comment for a proposed amendment to the Monroe County Code and recommended
13 approval of the amendment; and
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15 WHEREAS, at a regularly scheduled meeting held on the 21" day of May, 2014, the
16 BOCC held a public hearing to consider, review and receive public comment for a proposed
17 amendment to the Monroe County Code; and
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19 WHEREAS, the proposed amendment is consistent with the provisions and intent of the
20 Monroe County Comprehensive Plan; and
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22 WHEREAS, the proposed amendment is necessary due to new issues as required by
23 §102 -158 of the Monroe County Code, in that the subject provisions have been found
24 unconstitutional and invalid and the County has been enjoined from enforcing them; and
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26 WHEREAS, the proposed amendment is consistent with the Principles for Guiding
27 Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
28 Statutes;
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30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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33 Section 1. The Monroe County Code is amended as follows:
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35 Sec. 130 -158. Reserved
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37 Sec. 130 -159. Reserved
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39 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
40 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
41 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
42 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
43 provision immediately involved in the controversy in which such judgment or decree shall be
44 rendered.
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46 Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this
47 ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
48 or regulation, the more restrictive shall apply.
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50 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
51 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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Section 5. FilinE. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice of Final Order is issued by the Florida State
Land Planning Agency or Administration Commission approving the ordinance and any
challenge to the order is resolved.
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 permit, and or other development approval 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 21st day of May , 2014.
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner George Neugent Yes
COUNTY BOARD OF COUNTY COMMISSIONERS
a
HEAVILIN, CLERK
By
Deputy Clerk ayor ylvia Murphy
MONROE COUNTY ATTORNEY
PROV A8 TO FORM:
. (..�
STEVEN T. WILLIAMS
ASSISTANT yTY ATTORNEY
Data 4 CO yy
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Final Order No. DEO -14 -122
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 003 -2014
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 003-2014
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 003 -2014 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, 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 May 21, 2014, and rendered to
the Department on July 21, 2014.
3. The Ordinance amends the Monroe County Land Development Code by deleting
Article V, Chapter 130, Sections 130 -158 (Improved subdivision and commercial fishing village
district densities) and 130 -159 (Urban residential — mobile home district density). These specific
sections were deleted due to the sections being duplicative of other Land Development Code
provisions, other Monroe County Comprehensive Plan policies, and as being superseded by other
law.
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Final Order No. DEO -14 -122
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 §
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. 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), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida
Statutes.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Policy 101.4.22 (Table: Future Land Use Densities and
Intensities.)
8. The Ordinance is consistent with the Principles for Guiding Development in
section 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the
following Principle:
(a) Strengthening local government capabilities for managing
land use and development so that local government is able to
achieve these objectives without continuing the area of critical
state concern designation.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 003 -2014 is consistent with the Principles for Guiding Development for the
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Final Order No. DEO -14 -122
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.
William B. K' lingsworth, Director
Division of C mmunity Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
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
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Final Order No. DEO -14 -122
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 RECEIPT OF
THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
TELEPHONE: (850) 245 -7160
FAX (850) 921 -3230
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.
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Final Order No. DEO -14 -122
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 following persons by the methods indicated th day o 014.
Agency Clerk
Department of onomi Opportunity
107 East Madison et, MSC 110
Tallahassee, FL 32399 -4128
By U.S. Mail
Honorable Sylvia Murphy
Mayor, Monroe County, Florida
1100 Simonton St.
Key West, FL 33040
Townsley Schwab, Director
Planning and Environmental Resources
Monroe County, Florida
2798 Overseas Highway
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
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