Ordinance 025-2003 ORDINANCE NO. 025 -2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, CREATING SECTION 9.5-120.6,
MONROE COUNTY CODE, PROVIDING FOR A MORATORIUM ON
THE TRANSFER OF RECREATIONAL VEHICLE SPACES TO HOTEL
AND MOTEL UNITS OFF-SITE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted a Resolution on March 19,
2003, directing the Monroe County Planning staff to study, report, and recommend changes to
the Monroe County Land Development Regulations regarding the off-site transfer of
redevelopment rights from recreational vehicle (RV) space to hotel rooms; and
WHEREAS, the Monroe County Development Review Committee was presented with a
staff report prepared on April 23, 2003,by Robert Will, Planner and
WHEREAS, the Development Review Committee, on May 1, 2003, reviewed the staff
report Findings of Fact and proposed Text Amendment to Sec. 9.5-120.6 and recommended
approval of the proposed Text Amendment; and
WHEREAS, on May 7, 2003, the Monroe County Planning Commission, at a regularly
scheduled public hearing, recommended approval of the proposed Text; and
WHEREAS, the BOCC conducted a public hearing on June 18, 2003, at which were
considered the proposed Text and recommendation of staff,; and
WHEREAS, the BOCC was presented with the following evidence which is by
reference incorporated as part of the record of said hearings:
1. Staff report prepared on June 2, 2003 by K. Marlene Conaway;
2. Proposed Text Amendment;
3. Sworn testimony of the Planning staff; and
4. Comments from the public; and
WHEREAS,the BOCC has made the Findings of Fact and Conclusions of Law based on
the evidence presented:
1. Monroe County Code Sec. 9.5-120.4(b)a.iii(1)(a)(i) allows the transfer of the rights and
off-site redevelopment of lawfully established RV spaces as hotel or motel rooms;
2. A significant number of unlawful conversions of RV spaces into permanent residency has
occurred overtime, which has provided affordable housing for many low and moderate income
persons in Monroe County;
Page 1 of 3
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3. Existing regulations governing RVs as transient residential units has been inadequate to
preclude the conversion of existing RVs into permanent residencies, which is contrary to the
Comprehensive Plan and Land Development Regulations and has many undesirable
consequences for the County in terms of both its tourist industry and safe and adequate housing
for its low and moderate income households.
3. In Section 9.5-120.5, Monroe County Code, new transient residential units, such as hotel
and motel rooms, are not eligible for ROGO allocations until December 31, 2006; therefore, the
new hotel or motel units can only be developed through the transfer of existing hotel or RV
spaces off-site for redevelopment,which generates increased market pressures for such transfers.
4. The transfer and conversion of RV spaces currently used for affordable housing into hotel
or motel rooms exacerbates the existing affordable housing crises by decreasing the availability
of affordable housing and increasing the demand for such housing required for staff to serve
these new transient units.
5. The Monroe County Planning and Environmental Resources Department is currently
working toward the completion of the Livable CommuniKeys Program and has a consultant
study underway evaluating the existing and future transient residential markets in Monroe
County;
6. The Livable CommuniKeys Program will culminate in the development of master plans
for all of the unincorporated communities of the Florida Keys, and these Plans will, among other
issues, include opportunities for the development of new transient residential units and
affordable housing units, identify appropriate locations and appropriate numbers of units;
7. The Livable CommuniKeys Programs and companion studies will aid in developing a
new Permit Allocation System that addresses procedures and standards for making ROGO
allocations to transient residential units;
8. Additional time is required to sufficiently allow background studies to be completed and
regulations drafted to address county-wide problems with regulations of RVs, including more
up-to-date information on the extent of the problems with conversions.
WHEREAS, the BOCC has examined the proposed amendment to the Monroe County
Code submitted by the Monroe County Planning Department; and
WHEREAS, the BOCC hereby supports the decision of the Monroe County Planning
Commission and the Planning and Environmental Resources Department staff recommendation;
WHEREAS, it is the desire of the BOCC that the following amendment to the County
Code be approved, adopted, and transmitted to the State Land-Planning Agency for approval;
now, therefore
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
Section 1. Chapter 9.5, Article VII, Division 2, Monroe County Code, is hereby
amended by creating Section 9.5-120.6, which reads as follows:
"Sec. 9.5-120.6 Moratorium on off-site transfer of recreational vehicle spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room under
the provisions of sec. 9.5-120.4 (b)until December 31, 2006."
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid,the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. 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 Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Department of Community of Affairs to determine the consistency
of this ordinance with Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of June , 2003.
Mayor Spehar yes Z o
Mayor Pro Tem Nelson yes o p r
G missioner McCoy yes = r�
c Co , sioner NeugentN. yes Q ,- i
�3�` z3 pmiss�oner Rice yes r`-''
f �' S$ `�' I BOARD OF COUNTY COMIIOIRS I�
w 4 " r- n = .KOLHAGE Clerk OF MONROE COUNTY F A o
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B By
Deputy Clerk Mayor/Chairperson
APPROVED AS TO FORM
A 9 LEGAL&) I I • Y.
•OBERT /'•:';.�rE —
DATE 6- 7---0 3
Page 3 of 3
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATIlON SUB COURTIlOUSE
3117 OVERSEAS HIGHWAY
MARATIlON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTIlOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
July 7,2003
Mrs, Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8085
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 019-2003 amending Building and Construction, Section 6-27 (D)(2)
(Fees), Monroe County Code; providing for full exemption from Monroe County Permitting Fees
for Affordable Housing Construction Projects receiving county financial assistance; providing for
the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; providing for severability; and providing for an effective date,
Ordinance No. 021-2003 prohibiting person from remaining upon Loop Road, Sugarloaf
Key, between sundown and sunrise; providing for posting of signs; providing for penalties for
violations; providing for severability.; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Ordinance No. 022-2003 revising Sec. 6-56, definition of Aluminum Specialty Contractor
to include vinyl and plastic products and requiring licensure for the installation of canopy frames;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date,
Ordinance No, 023-2003 amending Sec. 6-90, Monroe County Code, Powers and Duties,
to provide for the imposition of enhanced fines for aiding and abetting unlicensed activities,
amending the assessment of Administrative Fees and renumbering of Subsections; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 024-2003 amending Sec. 6-59(III) and 6-62, Monroe County Code,
regarding the testing agency, deleting Block & Associates and adding such examiner as
designated by the Contractors Examining Board; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
Ordinance No, 025-2003 creating Section 9.5-120.6, Monroe County Code, providing for
a moratorium on the transfer of recreational vehicle spaces to hotel and motel units off-site;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 026-2003 amending Section 9.5-268 (Existing Residential Dwellings),
Monroe County Code to permit residential structures legally established before January 4, 1996 to
be considered as legal residential structures and permit improvements to those structures;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and
providing for an effective date,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on June 18, 2003. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
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cc: Municipal Code - under separate cover
Growth Management - Res. Nos. 019, 022, 023,024,025 & 026
County Administrator wlo documents
Public Works - Res. No. 021
County Attorney
BOCC
File
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Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
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Tallahassee FL 32399-0250 3. Service Type .
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STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
July 10, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C, DeSantis, Deputy Clerk
Dear Mr, Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 7, 2003 and certified copies of Monroe County
Ordinance Nos. 019-2003 and 021-2003 through 026-2003, which were filed in this
office on July 9,2003.
Sincerely,
&~~,~ct&~
Sarah Jane Bradshaw
Assistant Director
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BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W, Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www,dos,state,n,us
E-Mail: DivElections@mail.dos.state.jl.us
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
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DCA Final Order No,: D~~O!25~
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 025-2003
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2002), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On July 17,2003, the Department received for review Monroe County Ordinance No.
025-2003 which was adopted by the Monroe County Board of County Commissioners on June
18,2003 ("Ord. 025-2003"). The purpose ofOrd. 025-2003 is to establish a temporary
moratorium on on the transfer of development rights from recreation vehicle (RV) spaces offsite
to develop hotel or motel rooms.
3. Ord. 025-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
DCA Final Order No.: DCA03-0R-255
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2002). The
regulations adopted by Ord. 025-2003 are land development regulations.
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 (the
"Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 025-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(f) To enhance natural scenic resources, promote aesthetic benefits
of the natural environment, and ensure that development is
compatible with the unique historic character of the Florida Keys.
(g) To protect the historical heritage of the Florida Keys.
G) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 025-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 025-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
2
DCA Final Order No,: DCA03-0R-255
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
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, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRA TIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTT AL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA03-0R-255
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEV ARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
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 xrect copies have been furnished
to the persons listed below by the method indicated this lCt~ay of September 2003.
\~~,~' . \ (yP----:;/
\ ~ I
Paula Ford, Agency Clerk \"
Bv U.S. Mail:
t)
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA03-0R-255
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Deliverv or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5