Ordinance 025-20161
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF APPLICATIONS
FOR THE TRANSFER OF DEVELOPMENT RIGHTS TO OFFSHORE
ISLANDS, TRANSFER OF ROGO EXEMPTIONS TO OFFSHORE
ISLANDS, TIER AMENDMENTS FOR OFFSHORE ISLANDS; MAP
AMENDMENTS FOR OFFSHORE ISLANDS TO INCREASE POTENTIAL
DENSITY OR INTENSITY AND TEXT AMENDMENTS FOR OFFSHORE
ISLANDS TO INCREASE DEVELOPMENT POTENTIAL
(DENSITYANTENSITY), COMMENCING AUGUST 17, 2016, UNTIL SUCH
TIME AS A LAND DEVELOPMENT CODE AMENDMENT PROCESS AS
CALLED FOR IN POLICY 102.6.1 OF THE 2030 COMPREHENSIVE PLAN
IS COMPLETED REGARDING OFFSHORE ISLANDS AND PROVIDING
FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF
THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST, PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, at a special meeting on
January 14, 2015 in Marathon, Florida unanimously passed a motion to direct staff to impose a
temporary moratorium upon certain development applications of Offshore Islands due to pending
legislation; and
WHEREAS, on January 21, 2015, the Monroe County Board of County Commissioners
adopted Resolution No. 022 -2015 directing the Monroe County Planning and Environmental
Resources Department to process an Ordinance to defer the approval of applications for the
transfer of development rights to offshore islands, transfer of ROGO exemptions to offshore
islands, tier amendments for offshore islands, map amendments for offshore islands to increase
potential density or intensity and text amendments to increase development potential
(density /intensity); and
WHEREAS, on April 15, 2015, the Monroe County Board of County Commissioners
adopted Ordinance 011 -2015 to defer the approval of applications for the transfer of development
rights to offshore islands, transfer of ROGO exemptions to offshore islands, tier amendments for
offshore islands; map amendments for offshore islands to increase potential density or intensity
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and text amendments for offshore islands to increase development potential (density /intensity),
commencing January 21, 2015, until such time as a comprehensive plan amendment process is
completed regarding offshore islands and providing for expiration within 365 days of the effective
date of this interim development ordinance or when the comprehensive plan amendments become
effective, whichever comes first; and
WHEREAS, on April 13, 2016, the Monroe County Board of County Commissioners held
a special public hearing to consider the adoption of the Monroe County 2030 Comprehensive Plan
to the Florida Department of Economic Opportunity; and
WHEREAS, on June 20, 2016, the Florida Department of Economic Opportunity issued a
notice of intent finding 2030 Comprehensive Plan in- compliance and the new 2030
Comprehensive Plan became effective; and
WHEREAS, on July 20, 2016, the Monroe County Board of County Commissioners voted
to not transmit the proposed offshore amendments based on the policies adopted within the 2030
Comprehensive Plan which already regulate development on offshore islands and restrict the
transfers of transfer of development rights and ROGO exemptions to offshore islands; and
WHEREAS, during the regular meeting on July 20, 2016, the Monroe County Board of
County Commissioners directed staff to impose a temporary deferral for the approval of
applications upon certain development applications for offshore islands due to pending legislation
(updates to the Land Development Code); and
WHEREAS, the Land Development Code amendment process remains pending and an
ongoing process, an ordinance to prohibit new applications from being processed is necessary to
ensure new Amendment(s) regarding Offshore Islands are fully evaluated, including the provision
of public participation in the planning process; and
WHEREAS, absent an ordinance addressing the interim time period between the current
adopted Comprehensive Plan and the adoption of the new Land Development Code
Amendment(s), regarding Offshore Islands, Offshore Islands will be subject to potential
development that fails to address Tier designations, habitat review and/or consideration of new
Comprehensive Plan policies currently under review and consideration by the Board of County
Commissioners.
NOW THERE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource
Department shall defer the approval of applications that include the Transfer of Development
Rights to offshore islands, Transfer of ROGO Exemptions to offshore islands, Tier Amendments
for offshore islands, Map Amendments or Text Amendments having the effect of increasing
development potential on offshore islands, commencing August 17, 2016, until such time as a land
development code amendment process as called for in Policy 102.6.1 of the 2030 Comprehensive
Plan is completed and becomes effective, whichever comes first.
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Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
adoption of land development code amendments specifically concerning Offshore Islands, the
formulation of which shall be expeditiously pursued. In no event, however, shall the moratorium
imposed by this Ordinance extend beyond 365 days.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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. Filing and an Effective Date. The provisions of this Ordinance constitute a
"land development regulation" as State law defines that term. This ordinance shall be filed in the
Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by
the State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the /I/ day of �, 2016.
HEAVILIN, CLERK MONROE COUNTY ATT RNEY
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ASS ISTANT COUN
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Mayor Heather Carruthers ND�E 5& - , Tt
Mayor Pro Tem George Neugent yES
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Commissioner Danny L. Kolhage y6s
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Commissioner David Rice
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Commissioner Sylvia Murphy YES
BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, FLORIDA
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Mayor Heat er hers
HEAVILIN, CLERK MONROE COUNTY ATT RNEY
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ASS ISTANT COUN
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Page 3 of 3
AMY NEAVILIN, CPA
CLERK OF CIRCUR COURT & COMPTROLLER
MONROE cauimr, FLORIDA
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
August 26, 2016
Enclosed please find a certified copy of Ordinance No. 025 -2016 An ordinance by the Monroe County
Board of County Commissioners to defer the approval of applications for the transfer of development rights to
offshore islands, transfer of ROGO exemptions to offshore islands, tier amendments for offshore islands; 'map
amendments for offshore islands to increase potential density or intensity and text amendments for offshore
islands to increase development potential (density /intensity), commencing August 17, 2016, until such time as a
land development code amendment process as called for in Policy 102.6.1 of the 2030 Comprehensive Plan is
completed regarding offshore islands and providing for expiration within 365 days of the effective date of this
interim development ordinance or when the land development code amendments become effective, whichever
comes first, providing for severability; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular
Meeting, held in formal session, on August 17, 2016. Please file for the record. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully sub�trt�e
Zy CPA,
Cler k of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, 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
RICK SCOTT
Governor
August 26, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 025 -2016, which was filed in this office on August 26,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us
P I Final Order No. DEO -16 -174
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 025 -2016
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 025-2016
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 025 -2016 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 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 August 17, 2016, and rendered
to the Department on September 1, 2016.
3. The Ordinance imposes a Moratorium and defers the approval of applications,
including applications to Transfer Development Rights to offshore islands, applications to Transfer
ROGO Exemptions to offshore islands, Tier amendments for offshore islands, and any
Comprehensive Plan Future Land Use Map or Text Amendments that have the effect of increasing
development potential on offshore islands. The Moratorium commenced on August 17, 2016, and
will run for 365 days from the effective date of Ordinance 025 -2016 or when the L#nd
Development Code amendments become effective, whichever occurs first. o M
C - : c-n
-r N
I
CONCLUSIONS OF LAW
Final Order No. DEO -16 -174
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. Sections 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. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5, as required by section 163.3177(1), Florida Statutes.
7. 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.
Sections 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 section 380.0552(7), Florida
Statutes.
S. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers section 380.0552(7)(x), Florida Statutes, which requires,
"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." The Ordinance is also consistent with section 380.0552(7)(b), Florida Statutes,
which requires, "protecting shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat."
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 025 -2016 is consistent with the Monroe County Comprehensive Plan and Principles
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Final Order No. DEO -16 -174
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, Florida.
Taylor e11 erector
Divisi n of C mmunity Development
Depa e of Economic Opportunity
3
I , .
Final Order No. DEO -16 -174
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 THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. 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 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
0
Final Order No. DEO -16 -174
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 '?-V" —" day of September, 2016.
gency Jerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Mayte Santamaria, Senior Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
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