Ordinance 027-2019 40
2 4
3
4 _
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO 027-2019
9
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
13 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012-
14 2017, AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN
15 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
16 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
18 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS
19 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
20 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
22 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO
23 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF
24 THEM" OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM
25 "LOCK-OUT," COMMENCING OCTOBER 27, 2019, UNTIL THE BOCC CAN
26 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
.27 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
28 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT"
29 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
30 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
31 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
32 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
33 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
35 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-081)
36
37
38
39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
40 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
41 ordinance to impose a temporary moratorium deferring the approval of new applications or received
42 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
43 or land development code amendments, development agreements (including 380 development
Ord. 027 -2019 Page 1 of 4
File 2019-081
1 agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
4 utilizing the term"lock-out;" and
5
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium
8 upon certain development applications proposing occupancy by"three unrelated people" or"two unrelated
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
10 to pending legislation; and
11
12 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19`h
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium
14 upon certain development applications proposing occupancy by "three unrelated people" or"two unrelated
15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
16 to pending legislation; and
17
18 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 28`h
19 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary
20 moratorium upon certain development applications proposing occupancy by "three unrelated people" or
21 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term
22 "lock-out," due to pending legislation; and
23
24 WHEREAS, Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant
25 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that
26 date; and
27
28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
31 development; and
32
33 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
34 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the
35 undefined term of"lock-out;" and
'36
37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on
38 use of "lock-outs" and this use was not discussed during the update process and further edits are needed
39 to specifically address "lock-outs;" and
40
41 WHEREAS, an ordinance addressing the interim time period between the current adopted
42 comprehensive plan and land development code and the adoption of any new amendment(s) [new
Ord. 027 -2019 Page 2 of 4
File 2019-081
1 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
2 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
3 unincorporated Monroe County, including the provision of public participation in the planning process;
4 and
5
6 WHEREAS, an extension to the temporary moratorium deferring the approval of new
7 applications or received application that have not been fully approved, commencing October 27,2019,
8 for comprehensive plan or land development code amendments, development agreements (including
9 380 development agreements), and minor and major conditional use permits (excluding applications
10 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
11 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
12 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings,
13 and prepare and adopt an amendment or amendments to the Land Development Code and the
14 Comprehensive Plan; and
15
16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC)
17 reviewed the proposed interim development ordinance; and
18
19 WHEREAS, at a regularly scheduled meeting held on June 26 , 2019, the Monroe
20 County Planning Commission held a public hearing for the purpose of considering the proposed interim
21 development ordinance and provided for public comment; and
22
23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-19
24 recommending approval of the proposed interim development ordinance; and
25
26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
27 of Monroe County.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY:
31
32 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
33
34 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
35 Resource Department shall defer the approval of new applications or received applications that have not
36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code
37 amendments, development agreements (including 380 development agreements), and minor and major
38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
39 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to
40 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October
41 27, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development
42 code'regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a
Ord. 027 -2019 Page 3 of 4
File 2019-081
•
1 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
2 ordinance or when the comprehensive plan and land development code amendments become effective,
3 whichever comes first.
4 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
5 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
6 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
7 Ordinance extend beyond 365 days from the effective date of this ordinance.
8
9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
10 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
11 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance
12 invalid or unconstitutional.
13
14 SECTION 5: 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
17 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
18 filing with the Florida Department of State.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
21 at a regular meeting held on the 17th day of July , 2019.
22
23 Mayor Sylvia Murphy Yes
24 Mayor Pro Tern Danny L. Kolhage Yes
25 Commissioner Heather Carruthers Yes
26 _ Commissioner Michelle Coldiron Yes
27 7�R� 1 �? N
1r 4,•\ Commissioner David Rice 1gs q
28 w , a ��- L i-
29 !` BOARD OF COUNTY COMMISSION rr rri
-
30 = ; ; E OF MONROE r i UNT ORIDA ! ro -n
s " Js 1 BY - �" -to
33 •4�,,,"�o��„ r MAY wit S LVIA MURPHY :<;-- - o
34 (SE• 'I cm Q
35
36 AT: I VIN MA OK, CLERK MONROE COUNTY MEY
37 ADtfp As
38 DEPUTY CLERK S.....)
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A3:3;V!Aesti't'L,>l' :YATTORNEY
Data G.(.24( 1
Ord. 027 -2019 Page 4 of 4
File 2019-081
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
•
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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 ,
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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
l� �.°F '0 Kevin Madok, CPA
O A
1
f'�"` °.. Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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.027-2019 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).
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. 027-2019, 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-19-039
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
co .r t
ter.
�
In re: A LAND DEVELOPMENT REGULATION o r-r; rrl
ADOPTED BY MONROE COUNTY, FLORIDA ` '-`'
ORDINANCE NO. 027-2019 c.), N' 2
A.. z
H s
•
C
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 027-2019
The Department of Economic Opportunity ("Depaitiiient") 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. 027-2019 (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 provides for an additional 356-day extension to a previously
approved interim development ordinance, Ordinance 012-2017, which was approved by
Department's Final Order DEO 17-145. Ordinance 012-2017 provided for 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." Ordinance
1
Final Order No. DEO-19-039
018-2018, which was approved by Department Final Order,DEO 19-027, previously provided a
365-day extension for Ordinance 012-2017.
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.
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 Objective
101.5.
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.
(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 Depai lucent finds that Monroe County
Ordinance No. 027-2019 is consistent with the Monroe County Comprehensive Plan and Principles
2
Final Order No. DEO-19-03 9
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.
J� es D. Stansbury, Chief
ureau of Community Planning and Growth
/Department of Economic Opportunity
3
Final Order No. DEO-19-039
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-19-03 9
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 \ ` (A day of Abu\ , 2019.
Agehc erk
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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