Ordinance 012-2017MONROE COUNTY, FLORIDA
ORDINANCE 012 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS
OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY
APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT
CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR
CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING
ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED
OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED
PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A
DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-
OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW
AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK -OUT"
OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE
OR WHEN THE COMPREHENSIVE PLAN AND 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 adopted Resolution 087-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new applications or received
application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
or land development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock- out;" and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
moratorium upon certain development applications proposing occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the
term "lock- out," due to pending legislation; and
2017 -053 Pagel of 3
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of "lock- out;" and
WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are. silent
on use of "lock- outs" and this use was not discussed during the update process and further edits are
needed to specifically address "lock- outs;" and
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, staff has been directed to process an interim development ordinance to impose a
temporary moratorium deferring the approval of new applications or received application that have not
been fully approved, commencing March 15, 2017, for comprehensive plan or land development code
amendments, development agreements (including 380 development agreements), and minor and major
conditional use permits (excluding applications proposing only affordable housing dwelling units);
with proposed occupancy by "three unrelated people" or "two unrelated people and any children
related to either of them" of a dwelling unit, and applications utilizing the term "lock- out;"
commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan
and land development code regarding the definitions of dwelling unit; household; family and the
undefined term "lock- out," providing for expiration within 365 days of the effective date of an interim
development ordinance or when the comprehensive plan and land development code amendments
become effective, whichever comes first;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications or received application that have not been fully approved,
commencing March 15, 2017, for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits (excluding applications proposing only affordable housing dwelling units); with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
dwelling unit; providing for expiration within 365 days of the effective date of an interim development
ordinance or when the comprehensive plan and land development code amendments become effective,
whichever comes first.
2017 -053 Page 2 of 3
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. In no event, however, shall the moratorium
imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance.
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 19th day of July , 2017.
SEAL)``
{:
}' `- l TEST =KV 'VIN MADOK, CLERK
DEPUTY CLERK
2017 -053
MON OE COUNTY A RNEY
A V q T M:.
�a...3 L I`5 T. W 1.. MS
AS818'r^NT CO NTY ATTORNEY
Date !
Page 3 of 3
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Cz
ao
Commissioner Danny L. Kolhage Yes
v
Ln
Commissioner Heather Carruthers Yes
c.j
Lr
�
UZ
Commissioner Sylvia Murphy Yes
o
_�
cSC)
BOARD OF COUNTY COMMISSIONERS
o
�a
OF MONROE COUNTY, FLORIDA
U- .
BY
..
FT,
Mayor George Neugent
SEAL)``
{:
}' `- l TEST =KV 'VIN MADOK, CLERK
DEPUTY CLERK
2017 -053
MON OE COUNTY A RNEY
A V q T M:.
�a...3 L I`5 T. W 1.. MS
AS818'r^NT CO NTY ATTORNEY
Date !
Page 3 of 3
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
C
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. 012 -2017 to defer the approval of new
private applications or received applications that have not been fully approved for
Comprehensive Plan or Land Development Code amendments, Development Agreements
(including 380 Development Agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units), with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to
either of them" of a dwelling unit, and applications utilizing the term "lock- out ", commencing
March 15, 2017, until the BOCC can review and possibly amend the Comprehensive Plan and
Land Development Code regarding the definitions of dwelling unit; household; family and the
undefined term "lock -out" of a dwelling unit; providing for the expiration with 365 days of the
effective date of this interim development Ordinance or when the when the Comprehensive Plan
and 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 July 19, 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, Florida 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
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 3, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
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. 012 -2017, which was filed in this office on August 3,
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
Final Order No. DEO -17 -145
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
3
Cl
0
z
V
CD
F
M
In re: A LAND DEVELOPMENT REGULATIONS
-
°
ADOPTED BY MONROE COUNTY, FLORIDA,
ors
0
T '
0
ORDINANCE NO. 012 -2017
C =x
4
Z
M
.—
c
o
FINAL ORDER
a
�
CD
o
APPROVING MONROE COUNTY ORDINANCE NO. 012-2017
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. 012 -2017 (the "Ordinance ").
FINDINGS OF FACT
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 July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications for Monroe County Comprehensive Plan and Land
Development Code amendments, development agreements, and minor and major conditional use
permits, relating to proposed occupancy by "three unrelated people," or "two unrelated people and
any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-
out" for at most 365 days.
Final Order No. DEO -17 -145
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, 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.
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.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 012 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
2
Final Order No. DEO -17 -145
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.
� mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic 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 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.
k
Final Order No. DEO -17 -145
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 - � — day of October, 2017.
X - g – en4 Clerk
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
El