Ordinance 006-20141
2
4
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2014
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTON 138 -23 OF
THE MONROE COUNTY CODE, EXTENDING THE
MORATORIUM ON TRANSIENT UNIT ALLOCATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
THE TRANSMITTAL TO THE FLORIDA STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH
THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE;
AND PROVIDING FOR THE INCLUSION IN THE MONROE
COUNTY CODE.
- WHEREAS, pursuant to DCA Rule 9J- 14.022, F.A.C., January 4,1996; Rule 28-
20.100 F.A.C. Part I, January 2, 1996 and Part II, July 17, 1997, Policy 101.2.6 was
adopted which stated: By January 4, 1996, Monroe County shall adopt Land
Development Regulations which prohibit new transient residential units including hotel
or motel rooms, campground spaces, or spaces for parking a recreational vehicle or
travel trailer until December 31, 2001. Monroe County shall either extend this
prohibition until December 2006 or revise the Permit Allocation System to allocate a
percentage of residential growth to transient unit; and
WHEREAS, the Board of County Commissioners adopted Ordinance No. 47-
1999 on November 10, 1999, creating Sec. 9.5 -120.5 (138 -23) of the Monroe County
Code, which stated: 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: and
WHEREAS, the Board of County Commissions previously adopted Ordinance
No. 001 -2002 on January 17, 2002, amending Section 9.5- 120.5, Monroe County Code to
extend the moratorium of new transient units from to December 31, 2006.
Page 1 of 3
1 WHEREAS, the Board of County Commissions previously adopted Ordinance
2 No. 001 -2007 on January 17, 2007, amending Section 9.5- 120.5, Monroe County Code to
3 extend the moratorium of new transient units to December 31, 2007.
4
5 WHEREAS, the Board of County Commissions previously adopted Ordinance
6 No. 003 -2008 on January 16, 2008, amending Section 9.5- 120.5, Monroe County Code to
7 extend the moratorium of new transient units to December 31, 2008.
8
9 WHEREAS, the Board of County Commissions previously adopted Ordinance
10 No. 023 -2010 on June 29, 2010, amending Section 138 -23, Monroe County Code to
11 extend the moratorium on new transient units to December 31, 2011.
12
13 WHEREAS, the Board of County Commissions previously adopted Ordinance
14 No. 025 -2011 on December 14, 2011, amending Section 138 -23, Monroe County Code to
15 extend the moratorium on new transient units to May 1, 2014.; and
16
17 WHEREAS, the schedule set by Florida Department of Economic Opportunity
18 (DEO) established a new Evaluation and Appraisal Report (EAR) schedule, Rule 73C-
19 49.002, F.A.C., which assigned a Monroe County EAR due date of May 1, 2014; and
20
21 WHEREAS, the Board of County Commissioners, at a special public hearing on
22 May 22, 2012, made a motion to not include any changes to the transient unit moratorium
23 as part of the adopted 2012 Comprehensive Plan EAR; and
24
25 WHEREAS, Section 163.3191(1), F.S. requires the local government to evaluate
26 its comprehensive plan to determine if plan amendments are necessary to reflect changes
27 in state requirements every seven years, therefore the next Monroe County EAR would
28 be due on May 1, 2021; and
29
30 WHEREAS, Section 163.3191(2), F.S. requires the transmission of EAR - related
31 amendments within one year following the EAR due date, which would be May 21, 2022;
32 and
33 WHEREAS, in March 2013, the State Administration Commission, approved the
34 recommendation to allocate 10 years' worth of growth to Monroe County while
35 maintaining an evacuation clearance time of 24 hours, through the year 2023; and
36
37 WHEREAS, the proposed extension of the transient unit moratorium provides
38 the opportunity to use 2020 census data, when it becomes available, to update and run the
39 Florida Keys hurricane evacuation model as required by Rule 28- 20.140, F.A.C., to
40 reevaluate whether Monroe County has met its obligation to maintain the 24 -hour
41 evacuation clearance time.
42
43 WHEREAS, since the Land Development Code and the Comprehensive Plan
44 should be consistent when they implement similar policies and regulations, Section 138-
45 23, Monroe county Code should therefore be updated concurrently with Policy 101.2.6.
46
47
Page 2 of 3
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
3
4 Section 1. Section 138 -23 of the Monroe County Code shall be amended as
5 follows:
6
7 New transient residential units, such as hotel or motel rooms, or campground,
8 recreational vehicle or travel trailer spaces, shall not be eligible for residential
9 ROGO allocations until May 1, 2022.
10
11 Section 2. Severability. If any section, subsection, sentence, clause, item, change,
12 or provision of this ordinance is held invalid, the remainder of this ordinance shall
13 not be affected by such validity.
14
15 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of
16 ordinances in conflict with this ordinance are hereby repealed to the extent of said
17 conflict.
18
19 Section 4. Transmittal. This ordinance shall be transmitted by the Planning
20 Department to the Florida State Land Planning Agency pursuant to Chapter 163 and
21 380, Florida Statutes.
22
23 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of
24 the Secretary of State of Florida, but shall not become effective until a notice is
25 issued by the Florida State Land Planning Agency or Administrative Commission
26 finding the amendment in compliance, and if challenged until such challenge is
27 resolved pursuant to Chapter 120, F.S.
28
29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
30 Florida, at a regular meeting held on the 21st day of May , 2014.
31
32 Mayor Sylvia Murphy Yes
33 Mayor Pro Tern Danny Kolhage Yes
34 Commissioner Heather Carruthers Yes
35 Commissioner George Neugent Yes
36 Commissioner David Rice Yes
37
38 B ARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
x BY
f f" I ��' 3 \�
d Ma or Sylvia Murph
}
Any Heavilin, Clerk
M R ROVEO A ATTORNEY
Q FORM:
43 Deputy Clerk -
ASSISTA�i'. ATTORNEY
Date Is \\
Page 3 of 3
Final Order No. DEO -14 -124
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:
.In
r
r*t
0
0
rn
c»
M
ro
w
0
%0
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. 006 -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 Chapter 138
(Rate of Growth Restrictions), Article II (Residential Rate of Growth Limitations) Section 138 -23
(Moratorium on new transient units.) The moratorium was extended from May 1, 2014 to May 1,
2022,
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.
3
0
A LAND DEVELOPMENT REGULATION
z
or-
ADOPTED BY MONROE COUNTY,
•
FLORIDA, ORDINANCE NO. 006 -2014
° cam
:p c"
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 006-2014
.In
r
r*t
0
0
rn
c»
M
ro
w
0
%0
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. 006 -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 Chapter 138
(Rate of Growth Restrictions), Article II (Residential Rate of Growth Limitations) Section 138 -23
(Moratorium on new transient units.) The moratorium was extended from May 1, 2014 to May 1,
2022,
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.
Final Order No. DEO -14 -124
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 Goal 101, Objective 10 1.2, and Policy 101.2.6.
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. 006 -2014 is consistent with the Principles for Guiding Development for 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, F
William IT Klingsworth, Director
Division of Colnmunity Development
Department of Economic Opportunity
2
Final Order No. DEO -14 -124
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
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
3
Final Order No. DEO -14 -124
TELEPHONE: (850) 245 -7150
FAX (850) 921 -3230
Email: Katie.Zimmer @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.
s
Final Order No. DEO -14 -124
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 thisday of September, 2014.
I It
Katie Zimmer, Agen Cle
Department of Econo is pportunity
107 East Madison Street, 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
5