Ordinance 008-20172
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6 ORDINANCE NO.008. 2017
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8 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
9 COMMISSIONERS REPEALING SECTION 126 -14 "EMPLOYEE
10 HOUSING FAIR SHARE IMPACT FEE" OF THE MONROE COUNTY
11 LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
12 PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS;
13 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
14 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
15 INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING
16 FOR AN EFFECTIVE DATE.
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18 WHEREAS, the Monroe County Board of County Commissioners, during a regular
19 meeting held on September 19, 2001, passed and adopted Ordinance 032 -2001, which amended
20 the Monroe County Code providing for a non - residential Rate of Growth (NROGO) Ordinance;
21 and
22 WHEREAS, Ordinance 032 -2001 established an Employee Fair Share Impact Fee to
23 address new non - residential floor area as it created a need for employee housing and the
24 availability and stability of employee housing was and remains essential for the economic health
25 of Monroe County; and
26 WHEREAS, the proceeds from the impact fees collected are restricted to the exclusive
27 use of offsetting the cost of required permitting and connection fees related to the development
28 of new employee housing; and
29 WHEREAS, the Board of County Commissioners, on March 23, 2016, approved the
30 transfer of $571,364 from the Employee Housing Fair Share Impact Fee to Fund 180 in the
31 building Department to offset the cost of permitting work waived by the BOCC for development
32 of affordable housing, the first actual transfer since 2008; and
33 WHEREAS, Monroe County Land Development Code Chapter 139 addresses the
34 administration of affordable and employee housing, including inclusionary housing requirements
35 and the affordable housing trust fund, as well as affordable housing incentive programs; and
Page 1 of 4
WHEREAS, the Board of County Commissioners approves the continuation of Monroe
County Land Development Code Chapter 139 to assist with the issue of affordable and employee
housing;
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
6 Section 1. The Monroe County Land Development Code is amended as follows:
7 Deletions are sk-iel and additions are underlined
9 ,
10 ifidestdal- development, ereates a dirve ireet requirement -- for-- enpleTee housing. The
ll availability and stability of empleyee housing steek is essential f6F the eeenefflie health of
12 the eounty. TheFefere,
assessed a fee te be used by the eetinty to address employee hou
14 (b) T)pe of deiwk)pmenf affteied The following types of development are affeeted by the impaet
15 fee--
16 ; and
17 (2) The following development aetivities exempted under- seetion 138 50 aFe SUbjeet te the
18 .
POGO,
L'
21
,
,
22 e Vested right;, pef seetien 138 meter
23 d. De mini i of nonrzesodential
floor- 138 50(f)
aFea, per- seeteen
24 e. industrial uses, per- seefien 138
25 fl. T-r-amfer- and redevelopment eff site
lawfully
floor-
ef established nenr-esidential
afe
26
138 500).
, per- seetion
27
28 ,
29 share employee housing fee as established by the Wlewing sehedule-- .
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I
2 housing fair share impaet fee aeeeunt and used exelusively to off-se! the eost of Fequir-ed
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5 appFeved by the bewd ef eounty eemmissioners.
6 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
7 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
8 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
9 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
10 sentence or provision immediately involved in the controversy in which such judgment or decree
11 shall be rendered.
12 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
13 this ordinance are hereby repealed to the extent of said conflict.
14 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
16 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
17 of Florida but shall not become effective pursuant to Section 7 until a final order is issued
18 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
19 Commission approving the ordinance. and if the final order is challenged, until the challenge to
20 the order is resolved pursuant to F.S. Chapter 120.
21 Section 6. Inclusion in the Monroe County Code. The provisions of this ordinance
22 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
23 as an amendment thereto, and shall be appropriately renumbered to conform to the uniform
24 marking system of the Code.
25 Section 7. Effective Date. This ordinance shall become effective as provided for by law
26 and stated above but not earlier than January 1. 2018. This ordinance applies to any permit, and
27 or other development approval application submitted after December 31, 2017.
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the 21 st iay of June , 2017.
Mayor George Neugent
Yes
Mayor pro tem David Rice
Yes
Commissioner Heather Carruthers
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner Sylvia Murphy
Yes
14 Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
Clerk OF MONROE COUNTY, FLORIDA
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By d
Mayor George Neugent
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
ETER K l"r NTY ' - RORNEY
ASSISTAN
Date.
Page 4 of 4
w Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 008 -2017 repealing Section 126 -14
"Employee Housing Fair Share Impact Fee" of the Monroe County Land Development Code;
providing for severability; providing for the repeal of conflicting provisions; providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion
in the Monroe County Code; and 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 June 21, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Fiorida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RICK SCOTT KEN DETZNER
Governor Secretary of State
August 2, 2017
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 008-2017, which was filed in this office on August 2,
2017.
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.ft.us
From: ords2municode.com
To: Morris-Peter monroecounty-fLoov;peters-_katherine -fl.aov; Pam Hancock
ff p �&_monroecountv
Subject: Monroe County,FL Land Development Code-2008(14299)Supplement 17 Update 2
Date: Monday,February 05,2018 10:28:14 AM
Attachments: ATT00001.bin
ATT00002.bin
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Ordinance No. 005-2017 5/17/2017 2/5/2018 PDF
Ordinance No. 006-2016 13/2016 1/28/2017 Word
Ordinance No. 008-2017 6/21/2017 2/5/2018 PDF
Ordinance No. 017-2017 9/27/2017 2/5/2018 PDF
Ordinance No. 022-2017 10/18/2017 11/6/2017 PDF
Ordinance No. 030-2016 4/13/2017 4/21/2017 PDF
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Final Order No. DEO -17 -142
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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. 008 -2017 (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 June 21, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
repealing Section 126 -14 "Employee Housing Fair Share Impact Fee." The Employee Housing
Fair Share Impact Fee was established to address the need for employee housing created by new
non - residential development. Chapter 139 of the Land Development Code addresses affordable
and employee housing by establishing inclusionary housing requirements, an affordable housing
trust fund, and affordable housing incentive programs. Chapter 139 will remain in place after the
repeal of Section 126 -14.
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In re: A LAND DEVELOPMENT REGULATION ?
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ADOPTED BY MONROE COUNTY, FLORIDA, C:)
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ORDINANCE NO. 008 -2017 0�
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 008-209
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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. 008 -2017 (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 June 21, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
repealing Section 126 -14 "Employee Housing Fair Share Impact Fee." The Employee Housing
Fair Share Impact Fee was established to address the need for employee housing created by new
non - residential development. Chapter 139 of the Land Development Code addresses affordable
and employee housing by establishing inclusionary housing requirements, an affordable housing
trust fund, and affordable housing incentive programs. Chapter 139 will remain in place after the
repeal of Section 126 -14.
Final Order No. DEO -17 -142
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. 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, Policy 601.1.9 and Objective 601.2, 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.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(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.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 008 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
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Final Order No. DEO -17 -142
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.
D. Stansbury, Chief
z of Community Planning and Growth
ment of Economic Opportunity
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Final Order No. DEO -17 -142
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.
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Final Order No. DEO -17 -142
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 4 -+—,— day of October, 2017.
Agency lerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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