Ordinance 024-2019 fa-
1
2 ti
3
4 k.
5
6 MONROE'COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NC.024-2019
9
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 LAND DEVELOPMENT CODE SECTION 139-1, AFFORDABLE
14 AND EMPLOYEE HOUSING, ADMINISTRATION: TO SPECIFY
15 THAT WHEN CALCULATING OVERALL DENSITY ON A
16 PARCEL, AFFORDABLE HOUSING DENSITY AND
17 HOTEL/MOTEL DENSITY SHALL NOT BE COUNTED
18 CUMULATIVELY AGAINST EACH OTHER (OPERATING AS A
19 DENSITY BONUS FOR THE DEVELOPMENT OF
20 AFFORDABLE/EMPLOYEE HOUSING ON PROPERTIES WITH A
21 HOTEL/MOTEL); PROVIDING FOR SEVERABILITY;
22 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
23 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
24 PLANNING AGENCY AND THE SECRETARY OF STATE;
25 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
26 CODE; PROVIDING FOR AN EFFECTIVE DATE. (File 2017-075)
27
28
29
30 WHEREAS, on May 23, 2017, the Planning and Environmental Resources Department
31 received an application from Barton W. Smith of Smith Hawks on behalf of Longstock II, LLC,
32 "the Applicant," to amend the Monroe County Land Development Code Section 139-1(a)(5) to
33 clarify that the calculation of density for any existing lawfully established or proposed affordable
34 or employee :housing on a parcel shall be excluded from the.. calculation of the total gross
35 nonresidential floor area development and hotel/motel density that may be lawfully established on.
36 a parcel; and
37
3-8 WHEREAS,Florida Statute.Sections 163.3194 and 163.3201 require land development
39 regulations to be,consistent with and implement the Comprehensive Plan'; and
40
41 WHEREAS,the Monroe County Development.Review Committee (DRC)considered the.
42 proposed amendment at a regularly scheduled meeting,held on the 24th day of April, 2018 and
43 recommended approval; and
44
Ord 024 -2019 Page I of 5'
File 2017-075
WHEREAS, the Monroe County Planning Commission held a public hearing on May 29,
2 2018, for review and recommendation on the proposed amendment, and tabled the proposed
3 'amendment; and
4
5 WHEREAS, the Monroe .County Planning Commission held a public hearing on October
6 24, 2018, for review and recommendation on the proposed amendment; and
7
8 WHEREAS, based on discussion and public input at the hearing, the PC recommended
9 approval through Resolution P42-18 of the proposed amendment with the following'changes:
10 1. Require that of the affordable units developed on a parcel, a minimum of 50% or one
I I (1) dwelling unit, whichever is greater, are low or very low income;
12 2. Require that of the affordable units developed,on a parcel, 50%of new affordable units
13 are allotted to on-site personnel;
14 3. Cap the combined for hotel/motel rooms.or spaces and affordable or employee housing
15 density at 25 dwelling units,per buildable acre; and
16 4. Limit the text amendment to Stock Island.
17
18 WHEREAS, at a regularly scheduled meeting held on the 2-lit day of March, 2019, the
19 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
20 and provided for public comment and public participation in accordance with the requirements of
21 state law and the procedures adopted for public participation'in the planning process; and
22
23 WHEREAS, based upon the documentation submitted and information provided in the
24 accompanying staff report, the BOCC makes the following Conclusions of Law:
25
-26 I. The proposed amendment is consistent with the Goals, Objectives arid Policies of the
27 Monroe County Year 2030 Comprehensive Plan; acid
28 2. The proposed amendment is'consistent with the Principles for Guiding Development
29 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
30. 3. The proposed amendment is consistent with Part II of Chapter 1.63,Florida Statute; and
.31 4. The proposed amendment .is necessary due to changed projections, changed
32 assumptions and new issues, -as, required by Section 102-158 of the Monroe County
33 Code.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS,OF MONROE COUNTY, FLORIDA:
37
'38 Section 1. The Monroe County Land Development Code is hereby amended as follows_
39 (Deletions are shown stricken through; additions are shown underlined):
40
41 *****
42
43 Sec, 139-1.Affordable and Employee Housing;,Administration,
44 .(a) Generally.
Ord. 024-2019 Page 2 of 5
File 2017-075
1 (1) Notwithstanding the density limitations in Section 130-157, the owner of a parcel of
2 land shall be entitled to:
3 a. Develop affordable and employee housing as defined in Section 101-1, on parcels of
4 land classified as Urban Residential (UR) at an intensity up to a maximum net
5 residential density of 25 dwelling units per acre and on parcels of land classified as
6 Mixed Use (MU) at an intensity up to a maximum net residential density of 18
7 dwelling units per acre.
8 b. Develop affordable and employee housing, as defined in Section 101-1, on parcels
9 of land classified as Suburban Commercial (SC) at an intensity up to a maximum
10 net residential density of 18 dwelling units per acre and on parcels of land classified
11 as Urban Residential (UR) at an intensity up to a maximum net residential density
12 of 25 dwelling units per acre.
13 c. Develop market rate housing, as defined in Section 101-1, as part of an affordable or
14 employee housing project in accordance with subsection (a)(8) of this section,
15 provided that on parcels of land classified as Urban Residential (UR), the maximum
16 net residential density shall not be greater than 18 dwelling units per acre.
17 (2) The maximum net residential density allowed per district and by this section shall not
18 require Transferable Development Rights (TDR) for affordable and employee housing
19 and market rate housing developed in accordance with subsection (a)(8) of this section.
20 (3) Market rate housing developed in accordance with subsection (a)(8) below shall be
21 eligible to receive points pursuant to Section 138-28(a)(6).
22 (4)The requirements of this Land Development Code for the provision of impact fees shall
23 be waived for affordable and employee housing and any market rate housing developed
24 in accordance with subsection (a)(8) of this section.
25 (5) Notwithstanding the provisions of this article, when calculating density, any existing
26 lawfully established or proposed affordable or employee housing on a parcel and the
27 floor area thereof shall be excluded from the calculation of the total gross nonresidential
28 floor area and hotel/motel density development that may be lawfully established on the
29 parcel,provided, however, that the total residential density allowed on the site shall not
30 exceed the maximum net density for affordable and employee housing.
31
32 In order for affordable density to be excluded from hotel/motel density on a parcel as
33 set forth in Subsection (5) above, the following criteria must be met:
34 a. All affordable units must be deed restricted as employee housing, as defined
35 in Section 101-1;
36 b. The ratio of affordable units must adhere to the following schedule:
37 i. A maximum of 25% moderate income, and a minimum of
38 25% low income or very low income, or one (1) dwelling
39 - unit, whichever is greater; and
40 ii. 50% of affordable units shall be allotted to on-site personnel;
Ord 024-2019 Page 3 of 5
File 2017-075
1 c. The total maximum net density of any such parcel shall not exceed twenty-
2 five (25) dwelling units per buildable acre for hotel/motel rooms or spaces
3 and affordable or employee housing combined. In no case shall hotel/motels
4 rooms or spaces exceed the maximum allocated density (without the use of
5 TDRs) or the maximum net density (with the use of TDRs) set forth in
6 Section 130-162. In no case shall affordable or employee housing exceed
7 the maximum net density as set forth in Section 130-157;
8 d. The owner of the hotel/motel must provide the employees of the hotel/motel
9 a right of first refusal for lease of any affordable housing; and
10 e. The subject property must be designated Tier III.
11
12 *****
13
14 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
15 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
16 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
17 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
18 provision immediately involved in the controversy.in which such judgment or decree shall be
19 rendered.
20
21 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
22 this ordinance are hereby repealed to the extent of said conflict.
23
24 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
34 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
35 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
36 marking system of the Code.
37
38 Section 7. Effective Date. This ordinance shall become effective as provided by law and
39 stated above.
40
41
42
43
44
Ord 024-2019 Page 4 of 5
File 2017-075
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the 17th day of July , 2019 .
3
4 Mayor Sylvia Murphy, District 5 No
5 Mayor Pro Tern Danny L. Kolhage, District 1 Yes
6 Commissioner Michelle Coldiron, District 2 Yes
7 Commissioner Heather Carruthers, District 3 Yes
8 Commissioner David Rice, District 4 Yes
9
10
11
12 . ;,, /•j BOARD OF COU TY COMMISSIONERS
13 r = OF MONROE r o UN ORID
15 � BY
16 z Mayor Sylvia Murphy
17 -
18
19 ATTEST: KEVIN MADOK, CLERK
20
G?-s-frs4-4*-144-
21.
22 DEPUTY CLERK
p. COUNTY A 7.. .tier
A, ;I* ' " ' •
'i-:WILLIAMS
NT
ASSIZTA 1Y ATTORNiEEY
Do 7(-Ti61
rv: tom" c
-11
C7c): Z"' O
Ord 024 -2019 Page 5 of 5
File 2017-075
f
KEY' WEST
ILN4 ITIZEN
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
Account: 138694 Ticket: 301032.,.;.,
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [Iegal.teXt]
B f e e undersigned a ority personally appeared
,who on oath says that he or she is
of the Key West Citizen, a daily
newspaper published' Key W , 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 30,2019
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 t id wspape.
(Signature of Affiant)
A m d d su sc' d before me this 30th day of June 2019
( of ublic atu e)
(Notary P blic Printed Name) (Notary Seal)
My commission expires 6'.27p2�
Personally Known X Produced Identification
•
�� •11 Sue nn
Type of Identification Produced •• •� Sta
y, .
=COMMISSION#GG2 280
EXPIRES:
,,-'; � %%% June27,2022
Bonded nuts Aaron Notary
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
July 17, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, July 19, 2019, the Monroe County Board of County
Commissioners will hold a Public Meeting at the Marathon Government Center,2798 Overseas Highway,
Marathon,Monroe County,Florida,to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 139-1, AFFORDABLE AND EMPLOYEE
HOUSING; ADMINISTRATION, TO SPECIFY THAT WHEN CALCULATING DENSITY, AFFORDABLE
HOUSING DENSITY SHALL BE EXCLUDED FROM CALCULATIONS OF CUMULATIVE HOTEL/MOTEL
DENSITY ON A PARCEL(OPERATING AS A DENSITY BONUS FOR THE DEVELOPMENT OF AFFORDABLE/
' EMPLOYEE HOUSING ON PROPERTIES WITH A HOTEL/MOTEL); AS PROPOSED BY LONGSTOCK
II, LLC; 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 2017-075)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 15,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136970-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
TRUST; PROVIDINir FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
I STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE,(FILE 2018-238)See Map 1 below:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 16,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136980-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
" TRUST; 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.TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2018-238)See Map 2 below:
Map 1 Map 2 ,
t ���i.e I I � '�'_.�3
4.41/0aa«
Q i Q .
ICI ( I
VAIr .w b
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 010-2017 AND EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018, FOR AN
ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW APPLICATIONS FOR
THE ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING FACILITIES
COMMENCING OCTOBER 27, 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA
TREATMENT CENTERS DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF
THE EFFECTIVE DATE OF THIS 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.(FILE 2019-061)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 012-2017,AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN ADDITIONAL 365
DAYS 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 OCTOBER 27,2019,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 THIS 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.(File 2019-081)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011-2017,AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139-2(AFFORDABLE
HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO
ANOTHER LOCATION, OR SECTION 138-22(B) TO TRANSFER OFF-SITE MARKET RATE UNITS TO
ANOTHER LOCATION, COMMENCING OCTOBER 27,2019, UNTIL THE LAND DEVELOPMENT CODE
IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER
III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR
THE URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE SAME ROGO
PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS
AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT;EXCEPT TO ALLOW NEW
APPLICATIONS,OR RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED, PURSUANT
TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY CODE SECTION 139-2 (AFFORDABLE
HOUSING INCENTIVE PROGRAM) OR SECTION 138-22(B) (TRANSFER OF ROGO EXEMPTIONS) TO
TRANSFER MARKET RATE ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION(IS)OR URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE
SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT; AS RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; 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.(FILE 2019-082)
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 29,2019 Key West Citizen
Jess COURT!\,1�
Kevin Madok, CPA
�Q�•5++ A
: lir : Clerk of the Circuit Court&Comptroller—Monroe County, Florida
11v......
July 24, 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. 024-2019 amending Monroe County
Land Development Code Section 139-1, Affordable and Employee Housing, Administration: to
specify that when calculating overall density on a parcel, affordable housing density and
hotel/motel density shall not be counted cumulatively against each other(operating as a density
bonus for the development of affordable/employee housing on properties with a hotel/motel);
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 2017-075).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on July 17, 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
July 24, 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. 024-2019, which was filed in this office on
July 24, 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-19-040
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
3
In re: A LAND DEVELOPMENT REGULATION Q
ADOPTED BY MONROE COUNTY, FLORIDA, 1\3 -n
CD
ORDINANCE NO. 024-2019 Iv
r-ra
c:7
Cfl
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 024-2019
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. 024-2019 (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 July 17, 2019, and rendered to
the Department on August 19, 2019.
3. The Ordinance amends Section 139-1 of the Land Development Code to specify
that when calculating overall density on a parcel, affordable housing density and hotel/motel
density shall not be counted cumulatively against each other. The Ordinance also sets forth criteria
necessary for the exclusion of affordable density from hotel/motel density on a parcel.
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-19-040
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
101.13.2, 601.1.4, 601.1.11, and 601.2.1.
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.
(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.
(m) Providing adequate alternatives for the protection of public safety and welfare
in the event of a natural or manmade disaster and for a postdisaster
reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.024-2019 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-19-040
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
Bureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-19-040
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, ANDtrIAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4 •
Final Order No. DEO-19-040
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 1 'n day of (M0 , 2019.
• au Clerk
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
5