Ordinance 011-20141 _
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 011 - 2014
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101 -1, DEFINITIONS, AMENDING SECTION
14 114 -19, LIVE- ABOARDS, AMENDING SECTION 138 -19,
15 RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO),
16 REVISING PROVISIONS ADDRESSING LIVE - ABOARD
17 VESSELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
20 AND THE SECRETARY OF STATE; PROVIDING FOR
21 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
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23 WHEREAS, an applicant, Longstock I1, LLC, proposed amendments to the text of §101 -1,
24 §114 -19 and §138 -19 of the Monroe County Code; and
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26 WHEREAS, this ordinance redefines the term live - aboard vessel in the Monroe County
27 Code as the current definition of live - aboard vessel in § 101 -1 of the Monroe County Code is not
28 entirely consistent with the current definition of live - aboard vessel in §327.02(17) of Florida
29 Statutes; and
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31 WHEREAS, this ordinance removes the requirement that each live - aboard vessel slip shall
32 count as a dwelling unit for the purposes of calculating density limitations in the district in which
33 it is permitted; and
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35 WHEREAS, this ordinance removes the requirement that each new live - aboard vessel slips
36 shall receive a Residential Rate of Growth Ordinance (ROGO) allocation prior to its
37 establishment; and
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39 WHEREAS, this ordinance shall require all new live - aboard vessel slips to be located in
40 marinas that have adequate off - street parking, pump -out facilities and amenities for the
41 occupants of the live - aboard vessels; and
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43 WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
44 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical
45 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
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County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
the Monroe County Code; and
WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text
amendments would be consistent with the provisions of § 102- 158(d)(5)(b) of the Monroe County
Code: 1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
errors, including errors in mapping, vegetative types and natural features described in volume I
of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness;
or 6. Data updates. Specifically, the proposed text amendments are necessary due to 4. New
issues (to have a definition of live - aboard vessel consistent with Florida Statutes) and 5. A
recognition of a need for additional detail or comprehensiveness (to have the provisions related
to live - aboard vessels appropriately reflect their impact); and
WHEREAS, during a regularly scheduled meeting held on March 25, 2014, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners with revisions; and
WHEREAS, during a regularly scheduled public hearing held on May 28, 2014, the Monroe
County Planning Commission reviewed the ordinance and recommended approval to the Board
of County Commissioners with revisions;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 101 -1 of the Monroe County Code shall be amended as follows:
Sec. 101 -1. Definitions.
The following words, terms and phrases, when used in this Land Development Code,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning
Live - aboard vessel, as defined in F.S. section 327.02, means a) any vessel used solely as
a residence and not for navigation; b) any vessel represented as a place of business or a
professional or other commercial enterprise; or c) any vessel for which a declaration of
domicile has been filed pursuant to F.S. section 222.17. A commercial fishing boat is
expressly excluded from the term live - aboard vessel.
Section 2. Section 114 -19 of the Monroe County Code shall be amended as follows:
Sec. 114 -19. Live - aboard vessels.
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I Live - aboard vessels shall be hooked up to an on -land sewage disposal system or shall be
2 provided with onshore sanitary facilities. New live - aboard vessel slips shall only be
3 permitted in marinas that have adequate off - street parking, pump -out facilities and
4 amenities for the occupants of the live- aboard vessels.
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7 Section 3. Section 138 -19 of the Monroe County Code shall be amended as follows:
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9 Sec. 138 -19. Residential rate of growth ordinance (ROGO).
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11 (a) Definitions. The following words, terms and phrases, when used in this article, shall
12 have the meanings ascribed to them in this section, except where the context clearly
13 indicates a different meaning:
14 * * * * * *
15 Residential dwelling unit means a dwelling unit as defined in section 101 -1, and
16 expressly includes the following other terms also specifically defined in section 101-
17 1: rooms, hotel or motel, campground spaces, mobile homes, transient residential
18 units and institutional residential units (except hospital rooms).
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22 Section 4. Severability.
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24 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
25 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
26 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
27 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
28 involved in the controversy in which such judgment or decree shall be rendered.
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30 Section 5. Conflicting Provisions.
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32 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
33 extent of said conflict.
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35 Section 6. Transmittal.
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37 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
38 380.05 (11) and F.S. 380.0552(9).
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40 Section 7. Filing.
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42 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
43 become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
44 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
45 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
46 Chapter 120.
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Section 8 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 9. Development Rights
Nothing in this Ordinance shall operate to extinguish or to impair the development rights of any
residential dwelling unit that was determined to be exempt from the Residential Rate of Growth
Ordinance in a Letter of Development Rights Determination or a Vested Rights Order issued
prior to the effective date of this Ordinance.
Sectionl0. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 16th day of July, 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, ORIDA
BY:
Mayor Sylvi urphy
HEAVILIN, CLERK
Deputy Clerk
MONROE CO NTY ATTQRKY
APPROVE RNA
Date: 2
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Final Order No. DEO -14 -146
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 011 -2014
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 011-2014
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. 011 -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 July 16, 2014, and rendered to
the Department on September 12, 2014.
3. The Ordinance amends the Monroe County Land Development Code by modifying
Chapter 101 (General Provisions), Section 101 -1 (Definitions — live- aboard vessel); Chapter 114
(Development Standards), Article I (In General), Section 114 -19 (Live- aboards); and Chapter 138
(Rate of Growth Restrictions), Article II (Residential Rate of Growth Limitations), Section 138-
19 (Residential Rate of Growth Ordinance). These specific sections were revised to address live -
aboard vessels and to provide for severability and the repeal of conflicting provisions.
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Final Order No. DEO -14 -146
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 10 1.2.3 and Policy 202.4.1.
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. 011 -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
Final Order No. DEO -14 -146
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
William B. Kil sworth, Dnvctor
Division of Co unity Development
Department of onomic 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.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY 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 ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF RECEIPT OF THIS
FINAL ORDER.
Final Order No. DEO -14 -146
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 this I L�* day of 2014.
Katie Zimmer, Age Key L rk
Department of Eco omic pportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified 011 -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