Ordinance 030-2003 ORDINANCE NO. 030 —2003
AN ORDINANCE AMENDING SECTION 9.5-4(A-5), (M-6.2) AND (M-10), Section
9.5-122 (c) AND SECTION 9.5-266 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k)
MONROE COUNTY CODE; PROVIDING FOR A REVISED DEFINITION OF
AFFORDABLE HOUSING; PROVIDING FOR AN ADJUSTABLE MAXIMUM
SALES PRICE FOR AFFORDABLE HOUSING; TO AMEND APPLICANT
ELIGIBILITY REQUIREMENTS; PROVIDING FOR LINKAGE OF
AFFORDABLE HOUSING PROJECTS; PROVIDING FOR AN AFFORDABLE
HOUSING TRUST FUND; PROVIDING FOR COMMUNITY HOUSING
DEVELOPMENT ORGANIZATIONS; PROVIDING FOR INTERLOCAL
AFFORDABLE HOUSING RATE OF GROWTH ALLOCATION AGREEMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES WHEN EFFECTIVE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners finds that the need for
affordable and employee housing has become persistent and affects a large proportion of employees in
Monroe County, and
WHEREAS, the Monroe County Board of County Commissioners wish to create opportunities
for families to obtain affordable, clean and safe housing; and
WHEREAS,the Monroe County Board of County Commissioners finds that there are appropriate
areas within Monroe County to locate affordable housing, which shall be addressed through the Livable
CommuniKeys Planning process; and
WHEREAS, the Monroe County Board of County Commissioners finds that adjustments are
needed to distinguish income requirements among very low income, low income, median income, and
moderate income employee housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations is necessary to address an imbalance in provisions for low
income affordable housing versus moderate income housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations would promote the health, safety and welfare of the citizens of
Monroe County; now,therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Section 9.5-4 (A-5) of Monroe County Code is amended to read as follows:
(A-5) Affordable housing refers to residential dwelling units that meet the following
requirements:
/
- Meet all applicable requirements of the United States Department of Housing and Urban
Development minimum property standards as to room sizes, fixtures, landscaping and building
materials, when not in conflict with applicable laws of Monroe County; and
a) Generally, affordable housing for a rental dwelling unit shall mean a dwelling unit whose
monthly rent, not including utilities, does not exceed 30 percent of that amount which
represents either 50 (very low income) or 80 (low income) or 100 (median income) or 120
(moderate income) percent of the monthly median adjusted household income for Monroe
County.
b) Affordable rental housing, very low income shall be a rental dwelling unit whose monthly
rent, not including utilities, does not exceed 30 percent of the amount which represents 50
percent of the monthly median adjusted household income for Monroe County.
c) Affordable rental housing, low income shall mean a dwelling unit whose monthly rent, not
including utilities, does not exceed 30 percent of the amount which represents 80 percent
of the monthly median adjusted household income for Monroe County.
d) Affordable rental housing, median income shall mean a dwelling unit whose monthly rent,
not including utilities, does not exceed 30 percent of the amount which represents 100
percent of the monthly adjusted median household income for Monroe County.
e) Affordable rental housing, moderate income shall mean a dwelling unit whose monthly
rent, not including utilities, does not exceed 30 percent of the amount which represents 120
percent of the monthly median adjusted household income for Monroe County.
f) Affordable housing owner occupied very low income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 50 percent of the
median monthly household income for Monroe County.
g) Affordable housing owner occupied low income shall mean a dwelling unit occupied only
by a household whose total household income does not exceed 80 percent of the median
monthly household income for Monroe County.
h) Affordable housing owner occupied median income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 100 percent of the
median monthly household income for Monroe County.
i) Affordable housing owner occupied moderate income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 120 percent of the
median monthly household income for Monroe County.
j) Affordable housing trust fund shall mean a trust fund established and maintained by the
county for revenues from fees in lieu of constructing affordable housing, and revenues
from other sources earmarked for the trust fund by state statute, land development
regulation, ordinance or donation. Funds collected for and deposited in the trust fund shall
be used exclusively for the acquisition of land for affordable housing projects, the
construction of affordable housing and for loans for down payment assistance for the
purchase of affordable housing.
k) Monthly Median household income shall mean the median annual household income for
Monroe County divided by 12.
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l) Median income, rental rates and qualibiing incomes table shall mean eligibility
requirements compiled each year by the Planning Department based upon the median
annual household income published for Monroe County on an annual basis by the U.S.
Department of Housing and Urban Development and similar information for median and
moderate income levels from the Florida Housing Finance Corporation. Affordable
housing eligibility requirements for each household will be based upon median annual
household income adjusted by family size, as set forth by the U.S. Department of Housing
and Urban Development and the Florida Housing Finance Corporation. The County shall
rely upon this information to determine maximum rental rates and maximum household
incomes eligible for affordable housing rental or purchase.
Section 2. Section 9.5-4 Monroe County Code, is amended by adding a new Section 9.5-4(M-
6.2) as follows:
(M-6.2)Maximum sales price, owner occupied affordable housing unit shall
mean a price not exceeding four and one-quarter(4.25) times the annual median
household income for Monroe County.
Section 3. Section 9.5-4 (M-10) Monroe County Code, is amended to read as follows:
(M-10)Median annual household income means the median of annual household income (per
household size) as published for Monroe County on an annual basis by the U.S. Department of
Housing and Urban Development.
Section 4. Section 9.5-122(c) Monroe County Code, is amended by adding subparagraph (4)
as follows:
(4) In any allocation period, as defined, the available affordable housing allocation awards shall
be granted in the following proportions:
- very low, low and median incomes, as defined herein, 50%.
- moderate income, as defined herein, 50%.
The Planning Commission may amend these proportions during any ROGO quarter.
Section 5. Section. 9.5-266(a) (6) Monroe County Code, is amended to add the following:
g. At the time of sale of an owner-occupied affordable unit, the total income of households
eligible to purchase shall not exceed 120 percent of the median household income for the
county. However, a unit within a class of affordable housing eligibility may only be sold to a
household within that same class, i.e., a median income household which purchased a home
within this category must sell the home to a qualifying household within the median income
category
h. During occupancy of any affordable housing rental unit, not otherwise limited by state or
federal statute or rule concerning household income, a household's annual income may
increase to an amount not to exceed 140 percent of the median household income for the
county. If the income of the lessee exceeds this amount, the tenant's occupancy shall terminate
at the end of the existing lease term. The maximum lease for any term shall be 3 years or 36
months.
i. Affordable housing projects shall be no greater than twenty (20) units unless approved by
resolution of the Monroe County Planning Commission. The Planning Commission's decision
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may be appealed to the Board of County Commissioners utilizing the procedures described in
Section 9.5-521, with the Board of County Commissioners serving as the appellate body for
the purpose of this section only.
j. Family size.When establishing a rental and sales amount, the County shall assume family size
as indicated in the table below. This section shall not be used to establish the maximum
number of individuals who actually live in the unit. This table shall be used in conjunction
with the eligibility requirements created by Section 9.5 (A-5).
Size of Unit Assumed Family Size Minimum Occupancy
Efficiency (no separate 1 1
bedroom)
One bedroom 2 1
Two bedroom 3 2
Three bedroom 4 3
Four or more bedrooms 5 1 per bedroom
k. The income of eligible households shall be determined by counting only the first and highest
paid 40 hours of employment per week of each unrelated adult. For a household containing
adults related by marriage or a domestic partnership registered with the county, only the
highest 60 hours of the combined employment hours shall be counted, which shall be
considered to be 75% of the adjusted gross income. The income of dependents regardless of
age shall not be counted in calculating a household's income.
Section 6. Section 9.5-266 Monroe County Code, is amended by renumbering Section 9.5-266(b)
to Section 9.5-266 (f) and by the addition of new Sections 9.5-266(b), (c), (d), and(e) as follows:
Section 9.5-266(b) Affordable housing requirement for residential projects of three (3) or more
units and in-lieu fees. New residential projects of three (3) or more units containing market rate
units or projects containing both market rate residential units and commercial floor area shall be
required to develop at least 30 percent (30%) of the residential units beyond the first two (2) units
as affordable. Each of the affordable units shall be at least 400 square feet in floor area. The
developer of the project may contribute a fee in-lieu for all or some percentage of the required
affordable units, which if approved by the Monroe County Board of County Commissioners, will
be deposited in the affordable housing trust fund. The in-lieu fee shall not be less than $50,000
per unit, representing construction cost, less land cost of the minimum size 400 square foot
affordable unit. The Planning Commission shall by resolution annually adjust the in-lieu fee
during the first quarter of each calendar year based upon the cost of construction of residential
units as contained in standard published construction cost indicators, adjusted for Monroe County.
This section does not apply to the redevelopment of existing units. This subsection does not apply
to employee housing which may be established by Section 9.5-266, Monroe County Code.
Section 9.5-266(c) Linkage of projects. Two or more development projects which are required to
provide affordable housing may be linked to allow the affordable housing requirement of one
development project to be built at the site of another project, as long as the affordable housing
requirement of the latter development is fulfilled as well. The project containing the affordable
units must be built either before or simultaneously with the project without, or with fewer than, the
required affordable units. Sequencing of construction of the affordable component of linked
projects may be the subject of the Planning Department or the Planning Commission's approval of
a project. In addition, if a'developer builds more than the required number of affordable units at a
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development site, this development project may be linked with a subsequent development project
to allow compliance with the subsequent development's affordable unit requirement. The linkage
must be supplied by the developer to the Planning Commission at the time of the subsequent
development's conditional use approval. Finally, all linkages under this subsection may occur
between sites within the county and in the cities of Key West, Marathon and Islamorada, subject
to an interlocal agreement, where appropriate; however, linkage must occur within the same
geographic planning area, i.e. lower. middle and upper keys. All linkages must be approved via a
covenant running in favor of Monroe County, and if the linkage project lies within a city, also in
favor of that city. Said covenants shall be placed upon two or more projects linked, stating how the
requirements for affordable housing are met for each project. The covenant shall be approved by
the Monroe County Board of County Commissioners and, if applicable, the participating
municipality.
Section 9.5-266(d) Affordable housing trust fund. The affordable housing trust fund (referred to
as the "trust fund") is established. The trust fund shall be maintained with funds earmarked for the
purpose of promoting affordable housing in municipalities and unincorporated areas of Monroe
County. Monies received by the trust fund shall not be commingled with general operating funds
of the county. The trust fund shall be used for the following:
a) Financial aid to developers as project grants for affordable housing construction;
b) Financial aid to homebuyers as mortgage assistance, inclusive of loans for down payment
assistance;
c) Financial incentive for the conversion of transient units to affordable residential units;
d) Direct investment in or leverage to housing affordability through site acquisition, housing
development and housing conservation; or
e) Other affordable housing purposes may be established by resolution of the Board of County
Commissioners, which shall act as trustees for the fund. The Board of County
Commissioners may enter into agreements with the Monroe County Housing Authority, a
qualified community housing development organization created by the Board of County
Commissioners, or a municipality within Monroe County.
Section 9.5-266(e) Community housing development organization. The Board of County
Commissioners may establish a nonprofit community housing development organization (CHDO),
pursuant to federal regulations governing such organizations, to serve as developer of affordable
housing units on county-owned property, including or located in the municipalities of the county,
upon interlocal agreement. In such event, the county may delegate to the community housing
development organization all or partial administration of the affordable housing trust fund.
Section 7. Sec. 9.5-266(b) (1) Monroe County Code, as above renumbered to 9.5-266(f) (1) is
amended to read as follows:
(f)Administration and Compliance:
(1) Before any building permit may be issued for any structure, portion or phase of a project to
this section, restrictive covenants(s) shall be filed in the Official Records of Monroe County
to ensure compliance with the provisions of this section running in favor of Monroe County
and enforceable by the County and, if applicable, a participating municipality. The
covenants for any affordable housing units partly or wholly financed by a public entity shall
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be effective for a period of at least fifty (50) years. The covenants for any affordable
housing units relying wholly upon private non-public financing shall be effective for at least
thirty (30) years. The covenants shall not commence running until a certificate of occupancy
has been issued by the building official for the dwelling unit or dwelling units to which the
covenant or covenants apply.
Section 8. Section 9.5-266 Monroe County Code, is amended by adding a new Section 9.5-266(h)
as follows:
Section 9.5-266(h) Interlocal affordable rate of growth allocation agreements. The Monroe
County Board of County Commissioners may authorize interlocal agreements between the County
and the cities of Marathon, and Key West, and Islamorada, Village of Islands for the purpose of
sharing residential rate of growth affordable housing allocations. The interlocal agreements may
be based upon a specific project proposal within one or more jurisdictions or may be for a specific
allocation of units on an annual basis, from the County to a municipality or from a municipality to
the County. All allocations made available to a jurisdiction must meet the applicable affordable
housing requirements of the receiving jurisdiction's land development regulations and affordable
housing ordinances.
Section 9. If any section, subsection, sentence, clause, item, change, or provision of this ordinance
is held invalid,the remainder of this ordinance shall not be affected by such validity.
Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 11. 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 12. This ordinance shall be transmitted by the Planning Department to the Department
of Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
Section 13. The Director of Growth Management is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of
Ordinances once this ordinance is in effect.
(This is left intentionally blank)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 15th day of July , 2003.
Mayor Dixie Spehar yes
Mayor Pro Tem Murray Nelson yes
Commissioner George Neugent yes
Commissioner David Rice yes
Commissioner Charles "Sonny" McCoy yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
41, . 0 /52.2. aexas, i
By
Mayor Dixie Spehar
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` ttest:) ANNY L. KOLHAGE, Clerk
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MONROE COUNTY ATTORNEY
AP OV T FORM:
N. WOLFE
CHIEF-AU' ANT COUNTY ATTORNEY
Date_t - `Z � ,
7
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
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 I-llGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
July 30, 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 26688139
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 030-2003 amending Section 9.5-4(A-5), (M-6.2) and (M-1O), Section
9.5-122(c) and Section 9.5-266 (a), (b), (c), (d), (e), (f), (g), (h), (i), G) and (k) Monroe County
Code; providing for a revised definition of Affordable Housing; providing for an adjustable
maximum sales price for Affordable Housing; to amend applicant eligibility requirements;
providing for linkage of Affordable Housing Projects; providing for an Affordable Housing Trust
Fund; providing for Community Housing Development Organizations; providing for Interlocal
Affordable Housing Rate of Growth Allocation Agreements; providing for severability; providing
for repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of
Ordinances when effective; and providing for an effective date.
Ordinance No. 031-2003 approving a request of the Monroe County Planning Department
to amend the Monroe County Land Development Regulations by amending Section
9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258 that specifies restrictions on private
property adjacent to the Naval Air Station, Boca Chica; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
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 July 15, 2003. Please file for record.
Ordinance Nos. 030 & 031-2003
July 30, 2003
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 ~
by: G-~
Pamela G. Hancock, D.C.
cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File
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Ordinance Nos. 030 & 031-2003
July 30, 2003
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 Co 'ssioners
by: 6,
Pamela G. Hancock, D.C.
U.S, Postal ServiceTM
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SENDER: COMPLETE THIS SECTION 0MPLETE THIS SECTION ON DELIVERY
• Complete items 1,2, and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X -❑Addressee
So that we can return the card to you. NAM , i �. IV:7
• Attach this card to the back of the mail piece, B. Received b e , t .44:0. ,ry
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or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399 3. Service Type
(Ord. 030 & 031-2003) )614ertified Mail 0 Express Mail
0 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
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PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
August 6, 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 30, 2003 and certified copies of Monroe County
Ordinance Nos. 030 and 031-2003, which were filed in this office on August 1,2003.
sm~~
Liz Cloud
Program Administrator
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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.tl.us
E-Mail: DivElections@mail.dos.state.jl.us
DCA Final Order No.: DCA03-0R-265
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 030-2003
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The Department of Community Affairs (the "Department") hereby issues its~imil; OrEer,
FINAL ORDER
pursuant to ~~ 380.05(6), 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 August 06, 2003, the Department received for review Monroe County Ordinance
No. 030-2003 which was adopted by the Monroe County Board of County Commissioners on
July 15,2003 ("Ord. 030-2003"). Ord. 030-2003 amends Section 9.5-4(A-5),(M-6.2), and (M-
10): Definitions, and Seciton 9.5-122(c), Residential Rogo Allocations, and Section 9.5-266(a)
through (k) of the Monroe County Land Development Regulations. These changes require
affordable housing or specified alternatives on certain new developments within Monroe County,
create an affordable housing trust fund, and amend and add several definitions relating to
Monroe County's affordable housing program.
3. Ord. 030-2003 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), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002).
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DCA Final Order No.: DCA03-0R-265
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.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (2002). The
regulations adopted by Ord. 030-2003 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 ~ 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. 030-2003 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.
G) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
9. Ord. 030-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 030-2003 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
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
2
DCA Final Order No.: DCA03-0R-265
0J^7~OJJL,- 1'{M(~
CHARLES GAUTHIER, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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
ADMINISTRATIVE 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 MAYBE 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 MA TERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TlVE 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
ADMINISTRATIVE 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
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA03-0R-265
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 BOULEVARD, 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 ~ect copies have been furnished
to the persons listed below by the method indicated this~{lay of September 2003.
Bv U.S. Mail:
~= S~'ps" ~
&- Paula Ford, Agency Clerk
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA03-0R-265
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
By Hand Delivery 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
Page 1 of2
Belle Desantis
From:
To:
Sent:
Subject:
<info@municode.com>
<idesantis@monroe-clerk.com>
Tuesday, November 18, 2003 8:22 AM
Acknowledgment of material received
~,JJ,n.. ,ICott~"Com
.-'-'~lIJi,_~
Monroe County, FL Code of
Ordinances - 1979(11270)
Supplement 82
Municipal Code Corporation
P.O. Box 2235
Tallahassee. FL 32316-2235
850-576-3171
Recorded: 10/21/2003 11:26:23 AM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance 6/18/2003 Amending Sec. 9.5-268(Existing Residential
No. 026- Dwellings)to permit residential structures
2003 legally established before January 4, 1996
to be considered as legal residential
structures.
Ordinance 7/15/2003 Amending Land Development Regulations,
No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating
2003 Sec. 9.5-258, that specifies restrictions on
private property adjacent to the Naval Air
Station, BOCA CHICA.
Ordinance 7/15/2003 Amending Sections 9.5-4(A-5), (M-6.2) and
No. 030- (M-10), Sec. 9.5-122(c) and Sec. 9.5-266(a),
2003 (b), (c), (d), (e), (f), (g), (h), (i), U) and (k),
providing for a revised definition of
"Affordable Housing.
Ordinance 9/17/2003 Amending Sec. 6-56(19)Monroe County
No. 035- Code, by adding a subclassification 19A,
2003 establishing a landscaping curb contractor
category.
Ordinance 10/15/2003 Amending Sec. 9.5-309 and Sec. 9.5-367,
11118/2003