Ordinance 019-2019 1
3
4PIP
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.019-2019
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
14 LAND DEVELOPMENT CODE SECTIONS 138-24 AND 139-
15 1(A)(6)C. TO ALLOW FOR THE AWARD OF ROGO
16 ALLOCATIONS TO TIER I,TIER II,TIER III AND HI-A FOR THE
17 REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
18 DWELLING UNITS WITH A REPLACEMENT AFFORDABLE
19 DWELLING UNIT; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
24 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
25 DATE.
26
27
28
29 WHEREAS, on April 19, 2018, at the regularly scheduled Board of County
30 Commissioners meeting, the BOCC gave direction to staff to process proposed text amendments
31 to the Comprehensive Plan and Land Development Code to incentivize the development of
32 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and
33 Tier III-A designated parcels in order to replace market rate dwelling units with deed-restricted
34 affordable housing dwelling units; and
35
36 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
37 proposed amendments at a regularly scheduled meeting held on the 24th day of July, 2018; and
38
.39 WHEREAS, staff is recommending approval of the proposed amendments to LDC Code
40 Sections 138-24 and 139-1(a)(6)c. to allow for the award of allocations to Tier I and Tier III-A for
Ordinance No. 019 -2019 Page 1 of 6
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1 the redevelopment of lawfully existing ROGO exempt market rate dwelling units with a
2 replacement affordable dwelling unit ROGO allocation when certain criteria is met; and
3
4 WHEREAS, the Monroe County Planning Commission held a public hearing on
5 September 26, 2018, for review and recommendation on the proposed amendment, and
6 recommended approval with changes through Resolution P30-18;
7
8 WHEREAS, at a regularly scheduled meeting held on the 19th day of June, 2019, the
9 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
10 and provided for public comment and public participation in accordance with the requirements of
11 state law and the procedures adopted for public participation in the planning process;
12
13 WHEREAS, based upon the documentation submitted and information provided in the
14 accompanying staff report, the BOCC makes the following Conclusions of Law:
15
16 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
17 Monroe County Year 2030 Comprehensive Plan; and
18 2. The proposed amendment is consistent with the Principles for Guiding Development
19 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
20 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
21 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan
22 and the principles for guiding development, as required by Section 102-158 of the
23 Monroe County Code.
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
26
27 Section 1. The Monroe County Land Development Code is hereby amended as follows:
28
Proposed Amendment (deletions are stricken through; additions are shown in underlined).
29
30 Sec. 138-24. Residential ROGO Allocations.
31 *****
32 (a) Number of available annual residential ROGO allocations. The number of market rate
33 residential ROGO allocations available in each subarea of the unincorporated county and the total
34 number of affordable residential ROGO allocations available countywide shall be as follows:
35
36 *****
37 (1) Yearly residential ROGO allocation ratio.Each subarea shall have its number of market
38 rate residential ROGO allocations available per ROGO year.Affordable ROGO allocations
39 shall be available for countywide allocation except for Big Pine Key and No Name Key.
40 The allocations for Big Pine Key and No Name Key shall be limited to maximums
41 established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take
42 Permit and Habitat Conservation Plan.
43
Ordinance No. 019 -2019 Page 2 of 6
File#2018-108
1 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
2 market rate housing residential ROGO allocations available per ROGO quarter determined
3 by the following formula:
4 a. Market rate residential ROGO allocations available in each subarea per quarter
5 is equal to the market rate residential ROGO allocations available in each subarea
6 divided by four.
7 b. Affordable housing residential ROGO for all four ROGO quarters, including the
8 allocations available for Big Pine Key, shall be made available at the beginning of
9 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
10 remaining affordable housing residential ROGO allocations shall be made available
11 for award.
12
13 *****
14 (4) Big Pine Key and No Name Key.
15 a. All allocation awards on Big Pine Key and No Name Key are subject to the
16 provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan
17 (HCP) and Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other
18 covered species, which may affect ROGO allocations under this article.
19
20 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of
21 residential permit allocations that may be awarded in Tier I shall be no more than
22 one (1) every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are
23 amended, a property owner attempting to develop his property may be granted an
24 allocation through the ROGO process that may be used once that property owner
25 obtains all required permits and authorizations required under the Endangered
26 Species Act and other applicable federal and state laws. The allocation will remain
27 valid so long as the applicant diligently and in good faith continues to work with
28 USFWS to conclude the coordination and pick up a building permit.
29
30 (5)Limit on number of allocation awards in Tier I.
31 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier
32 I shall be no more than one (1) every two (2) years.
33 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be
34 no more than three (3).
35 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be
36 no more than three (3).
37 *****
38
39 (c)Affordable housing allocation awards and eligibility.
40 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
Ordinance No. 019 -2019 Page 3 of 6
File#2018-108
1 (2) Any portion of the affordable housing allocation not used for affordable housing at the
2 end of a ROGO year shall be made available for affordable housing for the next ROGO
3 year.
4 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
5 designated area, within a V-zone on the county's flood insurance rating map, or within a
6 Tier III-A (special protection area) designated area.
7 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
8 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which meet
9 all of the following criteria:
10 a. The property contains an existing market rate dwelling unit that meets the
11 criteria in LDC Section 138-22(a) and is determined to be exempt from ROGO;
12 b. The proposed replacement affordable dwelling unit meets current Florida
13 Building Code and is not a mobile home;
14 c. The proposed replacement dwelling unit shall be deed restricted for a period of
15 at least 99 years as affordable housing pursuant to the standards of the Land
16 Development Code;.
17 d. The proposed site plan for the replacement affordable dwelling unit does not
18 propose any additional clearing of habitat; and
19 e. The structure is not proposed to be within a V-zone on the county's flood
20 insurance rating map.
21
22 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.
23 No affordable housing allocation may be used on No Name Key.
24
25 *****
26 Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
27 Sec. 139-1. Affordable and Employee Housing; Administration.
28 (a) Generally.
29 *****
30 (6) In order for the owner of a parcel of land to be entitled to the incentives for affordable
31 or employee housing outlined in this section and Chapter 138,Articles II and III,the owner
32 must ensure that:
33 *****
34 e. The parcel of land proposed for development of affordable or employee housing
35 shall only be located within a tier III designated area or,within a Tier III A(special
36 area that dees net propose the clearing of any portion
37 f a., , plana native habit t patch „f one eater
38
Ordinance No. 019 -2019 Page 4 of 6
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1 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5),
2 affordable housing ROGO allocations may be awarded to properties within any
3 tier, provided all of the following criteria is met:
4
5 a. The property contains an existing market rate dwelling unit that meets the
6 criteria in LDC Section 138-22(a) and is determined to be exempt from
7 ROGO;
8 b. The proposed replacement affordable dwelling unit meets current Florida
9 Building Code and is not a mobile home;
10 c. The proposed replacement dwelling unit shall be deed restricted for a period
11 of at least 99 years as affordable housing pursuant to the standards of the Land
12 Development Code;
13 d. The proposed site plan for the replacement affordable dwelling unit does not
14 propose any additional clearing of habitat; and
15 e. The structure is not proposed to be within a V-zone on the county's flood
16 insurance rating map.
17 *****
18
19 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
20 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
21 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
22 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
23 provision immediately involved in the controversy in which such judgment or decree shall be
24 rendered.
25
26 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
27 this ordinance are hereby repealed to the extent of said conflict.
28
29 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
30 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
31
32 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
33 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
34 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
35 approving the ordinance, and if the final order is challenged, until the challenge to the order is
36 resolved pursuant to F.S. Chapter 120.
37
38 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
39 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
40 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
41 marking system of the Code.
42
Ordinance No. 019 -2019 Page 5 of 6
File#2018-108
1 Section 7. Effective Date. This ordinance shall become effective contingent on
2 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive
3 Plan and as provided by law and stated above.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the 19thday of June ,2019 .
7
8 Mayor Sylvia Murphy Yes
9 Mayor Pro Tem Danny L. Kolhage Yes
10 Commissioner Heather Carruthers Yes
11 Commissioner Michelle Coldiron Yes
12 Commissioner David Rice Yes
13 ®A4'a r:
�'� �' BOARD OF COUNTY COMMISSIONERS
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21 AT T: KE IN MAD K, CLERK
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Ordinance No. 019 -2019 Page 6 of 6
File#2018-108
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KEY1WEST
liiillik MEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
• 4
Account: 138694 Ticket: 296779
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Oli&\14 rralleS ,who on oath says that he or she is
an 0(,.., of the Key West Citizen, a daily
newspaper publish d in K West, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:/
Sunday, June 2, 2019”
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he or she has
neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said newspaper.
(Si n. a of Affiant) ID-------------
Aff •-• a ••-tub •:rbefore me this 3rd day of June 2019
IF
(11:'-• ''blic .ture) '
Lid. 'xi, /M1 /
(Notary ' blic 'anted Name)
(Notary Seal)
My commission expires c77(520—.
Personally Known X Produced Identification
Type of Identification Produced OS y Suelynn Stamper
.c ,. )COMMISSIONS GG232802
:` ::''-, :a EXPIRES:June 27,2022
---'"44%%%'% Banded 11nru Aaron Notar
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAP
NOTICE OF AMENDMENT TO THE
MONROE COUNTY
LAND USE DISTRICT (ZONING) MAP
NOTICE OF CHANGE TO
COMPREHENSIVE PLAN
NOTICE OF CHANGE TO LAND
DEVELOPMENT REGULATIONS
June 19, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 2019, the Monroe County Board of
County Commissioners will hold a Public Meeting at the Nelson Government Center, 102050
Overseas Highway,Key Largo,Monroe County,Florida,to review and receive public comment
for the following items:
PUBLIC HEARINGS:3:00 PM(or as soon thereafter may be heard):
1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF CO' NTY COMMISSIONERS AMENDING THE
MONROE COUNTY FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL(MC),RECREATION(R)
AND CONSERVATION(C)TO COMMERCIAL(COMM),FOR A PORTION OF PROPERTY LOCATED AT 100
ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS 00572797-003600
AND 00572797-003603;AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY;
PROVIDING FOR 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 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTIVE DATE.(File 2018-075). See Map 1 Below
2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA),PARKS AND REFUGE
(PR)AND SUBURBAN COMMERCIAL(SC)TO COMMERCIAL 1 (C1), FOR A PORTION OF PROPERTY
LOCATED AT 100 ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS
00572797-003600 AND 00572797-003603; AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.
(File 2018-076)See Map 2 Below
Map 1 Map 2
FLUM LUD
C,R&MC to COMM I NA,PR&SC to Cl
.wn ,
Ocean Reef! [Ocean Reef
3. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TO ALLOW FOR
THE AWARD OF AFFORDABLE ROGO ALLOCATIONS TO TIER I AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT MARKET RATE DWELLING UNITS WITH A REPLACEMENT
AFFORDABLE DWELLING UNIT; PROVIDING FOR SEVERABILITY, PROVIDING FOR 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
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-107)
4. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTIONS 138-24 AND 139-1(A)(6)C.TO ALLOW FOR
THE AWARD OF ROGO ALLOCATIONS TO TIER I,TIER II,TIER III AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT DWELLING UNITS WITH A REPLACEMENT AFFORDABLE
DWELLING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 LAND DEVELOPMENT
CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-108)
5. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.7 OF THE 2030 MONROE COUNTY COMPREHENSIVE PLAN REGARDING TEMPORARY
EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY A NATURAL
DISASTER TO ALLOW FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION
AN EXTENSION OF THE DURATION OF TEMPORARY EMERGENCY HOUSING AFTER A NATURAL
DISASTER;PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE.(File#2018-042)
6. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY CODE SECTION 103-1, TEMPORARY HOUSING TO ALLOW FOR THE BOARD OF
COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF
TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY COUNTY RESIDENTS AFTER
A NATURAL DISASTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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;PROVIDING FOR
AN EFFECTIVE DATE.(File#2018-043)
7. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING
AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF GARDEN STATE LANE, AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES
SECTION THREE,PLAT BOOK 6, PAGE 61,BOUNDED ON THE NORTH AND WEST BY BLOCK 8 LOTS
17 AND 18;BOUNDED ON THE EAST BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH
BY GARDEN STATE LANE; SECTION 14,TOWNSHIP 61, RANGE 39, KEY LARGO, MONROE COUNTY,
FLORIDA.(File#2018-231)
Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo
during normal business hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of
the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings
is made,which record includes the testimony&evidence upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled
meeting;if you are hearing or voice impaired,call"711." June 1,2019 Key West Citizen
_ ....MS,,.«..
fac;"-",...N•0, Kevin Madok, CPA
►��o� .. .... �: Clerk of the Circuit Court&Comptroller—Monroe County, Florida
June 25, 2019
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. 019-2019 amending Monroe County Land
Development Code Sections 138-24 and 139-1(A)(6)C.to allow for the award of ROGO allocations
to Tier I,Tier II,Tier III and III-A for the redevelopment of lawfully existing ROGO exempt
dwelling units with a replacement affordable dwelling unit;providing for severability;providing for
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 Land Development Code;
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 19, 2019. Should you have any questions,
please feel free to contact me at(305) 292-3550.
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: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 26, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
replacement electronic copy of Monroe County Ordinance No. 019-2019, which was filed in this office on
June 26, 2019.
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-19-034
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
=c- ca r"
In re: A LAND DEVELOPMENT REGULATIONr'-� G'
ADOPTED BY MONROE COUNTY, FLORIDA, in � car
ORDINANCE NO. 019-2019 -';?c_" „o
-.�c-, Q
-'1 O q
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 019-2019
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. 019-2019 (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 19, 2019, and rendered to
the Department on August 13, 2019.
3. The Ordinance amends Section 138-24 and Section 139-1 of the Land Development
Code to incentivize the development of affordable housing by allowing the issuance of affordable
housing allocations to Tier I and Tier III-A designated properties that meet specific criteria.
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. See §§ 380(.05(6) and
380.0552(9), Fla Stat.
•
1
Final Order No. DEO-19-034
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies
101.3.3 and 601.1.4.
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.
§§ 380.05(6) and 380.0552(9), Fla Stat. 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.
• (c) Protecting upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(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.019-2019 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-19-034
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.
es D. Stansbury, Chief
ureau of Community Planning and Growth
epartment of Economic Opportunity
3
Final Order No. DEO-19-034
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, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE DATE OF FILING
OF THE FINAL ORDER AS INDICATED ON THE CERTIFICATE OF SERVICE. 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
AGENCY.CLERK@DEO.MYFLORIDA.COM
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
DATE OF THE FILING OF THE FINAL ORDER.
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.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
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Final Order No. DEO-19-034
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 ‘f\ day of WM , 2019.
At, Clerk
o Y
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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