Ordinance 015-2003
ORDINANCE NO. 01~2003
A ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST OF THE
MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY
AMENDING SEe. 9.5-4 (A-5) (TIME RESTRICTIONS FOR
MAINTAINENCE OF AFFORDABLE HOUSING) TO CORRECT A
SCRIVENER'S ERROR.
WHEREAS an amendment to Sec. 9.5-4 (A-5) of the Monroe County Land
Development Regulations that amends the time restriction for the maintenance of
affordable housing from twenty (20) years to fifty (50) years is required by Ordinance
NO. 013-2002 amending Section 9.5-266 (a)(6)c and d, and Section 9.5-266(a)(8)a,
Monroe County Code in order to correct a scrivener's error in Ordinance #003-2002
[May 15, 2002] ; and
WHEREAS, during a regular meeting held on March 12, 2003 the Monroe
County Planning Commission conducted a public hearing on the proposed text and
recommendations of staff; and
WHEREAS, the Planning Commission after reviewing the staff report voted to
recommend the amendment to Sec. 9.5-4 (A-5) to the Board of County Commissioners;
and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes outlined above; and
WHEREAS, the Board of County Commissioners finds that the proposed changes
are consistent with Section 9.5-511(e) Typographical or Drafting Errors; and
WHEREAS, the Board of County Commissioners find that the proposed changes
are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be adopted and
transmitted to the state land-planning agency for approval; NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-4 (A-5) [Definitions, Affordable Housing], Monroe County Code,
is hereby amended as follows:
Page 1 of 3
C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\BOCC ORD affordable .doc
Sec. 9.5-4. Definitions shall be amended as follows:
(A-5) Affordable housing refers to residential dwelling units that meet the following
requirements: (Ord. No. 47-1999, S 2)
. Contain less than or equal to one thousand three hundred (1,300) square feet of
habitable space; and
. Meet all applicable requirements of the United States Department of Housing and
Urban Development minimum property standards as to room sizes, fixtures,
landscaping and building materials, when not in conflict with applicable laws of
Momoe County; and
. Restricted for a fifty (50) year period to use by households that meet the requirements
of at least one (1) of the following income categories: Very-low, low or median. The
requirements for these income categories are provided below.
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
(This page has been intentionally left blank)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of April , A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
yea
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yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
~a-L.J.. (l . ~)&~
DEPUTY CLERK
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BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OFTHE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 2, 2003
Department of State
Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8580
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 008-2003 amending Section 13-102, 13-103, 13-112, and 113-115 Monroe
County Code, to prohibit discrimination on the basis of gender identity or expression for
employment or in housing.
Ordinance No. 009-2003 amending the Monroe County Code Section 6.3-3 to permit the
County to enter into an Interlocal Agreement with other local governments for the purpose of
sharing the services of a Code Enforcement Special Master.
Ordinance No. 010-2003 amending Ordinance No. 023-2002, deleting environmental lots for the
purposes of levying an assessment.
Ordinance No. 011-2003 declaring that an emergency exists and waiving notice by a four-fifths
vote; an Ordinance of the Board of County Commissioners of Monroe County, Florida,
authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each
have provided at least ten (10) years offire, rescue and emergency medical services to the
residents and visitors of Monroe County and whom each have reached the age of sixty.
Ordinance No. 012-2003 making a revision to Chapter 5.5 Monroe County Code (boats, docks,
and waterways) to reinstate the Adams Waterway slow speed minimum wake regulatory zone,
Department of State
May 2, 2003
Page 2
Ordinance No. 013-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by adding Section 9.5-22(d)(7)
(planning Commission Membership) to add a non-voting member from the local school district.
Ordinance No. 014-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by amending Section 9.5-22(h)(I)
(Planning Commission Meetings) to eliminate the requirement for a regular August meeting.
Ordinance No. 015-2003 approving a request of the Monroe County Planning Department to
amend the Monroe County Land Development Regulations by amending Section 9.5-4 (A-5)
(Time Restrictions for Maintenance of Affordable Housing) to correct a scrivener's error.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 16, 2003. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court and
ex-officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis
Jh(lt.t~. ~~
Deputy Clerk
Cc: Municipal Code - 008 through 012-2003 Via Certified Mail 70022030000126688009
Board of County Commissioners
County Administrator
Growth Management - 009,012,013,014 & 015
Manuel Castillo, Housing Director - 015
Public Works Director - 010
Property Appraiser - 010
Tax Collector - 010
Finance - 011
Fire Chief, Clark Martin - 011
School Superintendent, Michael Lannon - 013
County Attorney
File ~
/
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE �i',=' 0. HISTORIC PRESERVATION BOARDS .
Office of the Secretary �" Historic Florida Keys Preservation Board
Division of Administrative Services ` '„��e!_fia C'•.
_" Historic Palm Beach County Preservation Board
�1 rya'i.
Division of Corporations ---sue :,cr
rP � '�' � Historic Pensacola Preservation Board
Division of Cultural Affairs Historic St.Augustine Preservation Board
Division of Elections "" '
�: �.:.c� ` Historic Tallahassee Preservation Board
Division of Historical Resources coo we_,.. Historic Tangra/Hillsborough County
Division of Library and Information Services Preservation Board
Division of Licensing FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET Glenda E.Hood
Secretary of State
DIVISION OF ELECTIONS
May 9, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West,Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 2, 2003 and certified copies of Monroe County
Ordinance Nos. 008-2003 through 015-2003, which were filed in this office on
May 7, 2003.
Sincerely,
/.1r
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270
FAX: (850)245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us
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Bureau of Administrative God@
The Collins Building
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SENDER:COMPLETE THIS SECTION •MPLETE THIS SECTION ON DELIVERY —
■ Complete items 1,2,and 3.Also complete \ A. Sign/ e
CIitem 4 if Restricted Delivery is desired. Agent
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so that we can return the card to you. ` =-'ei -d by('Printed /e C. Da a of D lively
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or on the front if space permits. 1./ 1c'rj( l , Ot i c5
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Municipal Code Corporation
P. O. Box 2235
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U.S. Postal ServiceTM
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PS Form 3800,June 2002 See Reverse for Instructions
U.S. Postal ServiceTM
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DCA Final Order No.: DCA03-0R-125
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 015-2003
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The Department of Community Affairs (the "Department") hereby issues it;;.finat ~er, ~
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pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002):approving..a 5
FINAL ORDER
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land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On May 09, 2003, the Department received for review Monroe County Ordinance No.
015-2003 which was adopted by the Monroe County Board of County Commissioners on April
16,2003 ("Ord. 015-2003"). The purpose ofOrd. 015-2003 is to amend Section 9.5-4(A-5),
Time Restrictions for the Maintenance of Affordable Housing, to correct a scrivener's error by
changing the time restriction from twenty (20) to fifty (50) years as required by Ordinance No.
013-2002.
3. Ord. 015-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (2002). The
regulations adopted by Ord. 015-2003 are land development regulations.
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 (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 015-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 015-2003 is not inconsistent with the remaining Principles. Ord. 015-2003 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 015-2003 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 Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
2
H. E. "SONNY" TIMMERMAN, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 28-1 06, 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 MA TERIAL 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, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO 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
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRA TlVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
3
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
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.
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 ~ect copies have been furnished
to the persons listed below by the method indicated this~ay of May, 2003.
1.Jv
r~au Su-~
t Paula Ford, Agency Cldll:
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
4
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Muni,i
t Code
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Municipal Code Corporation
inLQ@mgjJ.mvoic:ode.com
P.O. Box 2235
Tallahassee, FL 32316-2235
Monroe County,FL Code of Ordinances - 1979(11270)
Supplement 81
Recorded: 7/14/20031:27:33 PM
We have received the following material through Hard Copy.
This is our new acknowledgement format. You will no longer be receiving post cards for
ordinances received. If you have any questions please contact us at the phone number or
email address listed below.
Thank you for your assistance and cooperation.
Document Adoption Description
Ordinance No. 3/19/2003 Amending sec. 9.5-4(h-6, home occupation)
007-2003
Ordinance No. 4/16/2003 Amending land development regulations by adding sec. 95-22(d)(7)
013-2003 planning commission
Ordinance No. 4/16/2003 Amending land development regulations secs. 9.5-22(h)(1)
014-2003
Ordinance No. 4/16/2003 Amending land development regulations sec. 95-4(A-5) time
015-2003 restrictions for maintenance of affordable housing
Ordinance No. 6/18/2003 Amending buildings and construction sec. 6-27(D)(2) fees
019-2003
Ordinance No. 6/18/2003 Prohibiting person from remaining upon Loop Road between
021-2003 sundown and sunrise
Ordinance No. 6/18/2003 Amending sec. 6-56 definition of aluminum specialty contractor
022-2003
Tired of receiving your acknowledgements by mail?
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CONTINUED ON NEXT PAGE
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