Ordinance 047-2003 F
ORDINANCE NO. 047 -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND SECTION 9.5-266 (AFFORDABLE
AND EMPLOYEE HOUSING); PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the permitting of a portion of an employee housing development in
SC or MU to include market rate housing was included in the LDR amendment to
encourage the provision of needed housing for the workers of Monroe County; and
WHEREAS, the employee housing, for the most part, will be constructed on
larger parcels of land that have not been subdivided and platted; and
WHEREAS, the permitted market rate portion of these units is at a disadvantage
in ROGO because they do not receive the 10 points for platted subdivision infill; and
WHEREAS, the SC and MU parcels, that will be used for employee housing are
located in developed infill areas and will be served by existing infrastructure; and
WHEREAS, the proposed amendment will allow these projects to be competitive
in ROGO; and
WHEREAS, the Development Review Committee, at its public meeting of
November 3, 2003, voted to recommend approval of the proposed text; and
WHEREAS, at the Planning Commission public hearing of November 5, 2003,
the Commission voted to recommend approval of the proposed amendment to the Board
of County Commissioners; and
WHEREAS, the Board of County Commissioners, at the public hearing of
December 17, 2003 reviewed the following:
1. Staff report prepared on November 18, 2003 by Fred Gross, Island Planning Team
Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County; and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes in order to encourage the development of Affordable and Employee
housing; and
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WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (V) Recognition of a need
for additional detail or comprehensiveness; and
WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
Section 1. Section 9.5-266(a)
(3) Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points as affordable housing under section 9.5-122.3(a)(6) and
shall be eligible to receive points as infill development under section 9.5-122.3(a)(1).
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder 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 ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
c- of -Community Affairs or Administration Commission finding the amendment in
a.: al
comc-vpligrtce with Chapter 163, Florida Statutes.
at �SED AND ADOPTED by the Board of County Commissioners of Monroe County,
g F rids� regular meeting of said Board held on the 17th day of December, 2003.
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p ca ?. for Nelson yes
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?:,, �� Commissioner Neugent yes
' 23 •�cCorrimissioner Spehar yes
SEA, (' - ' BOARD OF COUNTY COMMISSIONERS
=..= Attest:iDANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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! , By
De ty Clerk Mayor/C irperson
MONROE COUNTY ATTORNEY
AP':e _ TO FORM:
Rif:ERT N.WOLFE ---
Page 2 of 2 CHIEF A^ ATTUFi�dEY
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1,plys%COUIRY•F�OQ'..
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
• February 5, 2004
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 8344
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 047-2003 approving a request of
the Monroe County Planning Department to amend Section 9.5-266 (Affordable and Employee
Housing); providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on December 17, 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 Co •ssioners
by: G^-1-41 •
Pamela . ancock, D.C.
cc: County Administrator w/o document
Growth Management
County Attorney
BOCC
File✓
.: SENDER: COMPLETE THIS SECTION COMPLETE 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 c ct' „ Addressee
• so that we can return the card to you. p B. Received by(�iriFred lNerr3ej GY eater
�
Attach this card to the back of the mail fete, [t�r''6e�L1166��QQ 9
or on the front if space permits. �q
D. Is delivery address different f item ?�
• 1. Article Addressed to: If YES,enter delivery address below: ❑ No
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type
(Ordinance 047-2003)1 XXCertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2030 0001 2668 8344, I
(Transfer from service label)
PS Form 3811,Augi 1102595-02-M-1540
• U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT •
m (Domestic Mail Only;No Insurance Coverage Provided)
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For delivery information visit our website at www.usps.como
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Certified Fee MEME r n..,
Postmark
Return Reciept FeeEMU r1 b Here?;tGa
(Endorsement Required) �7 r.;
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Total Postage&Fees % ,
o mmera Liz Cloud (Ordinance U4/-ZUU3)
N -$tree auApt -o:cif--Adminis.trat ve--Code- '
' 344JAINNaines Street, Suite L43
T%tolsVgl Tesee FL 32399-0250
PS Form 3800,June 2002 See Reverse for Instructions
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DCA Final Order No.: DCA04-OR-046
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT =-
� � s
REGULATIONS ADOPTED BY orz. . rri
MONROE COUNTY ORDINANCE NO. 047-2003 0= fc �- .
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FINAL ORDER -71 >.
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Cfl
The Department of Community Affairs (the "Department")hereby issues its Final Order,
pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2003), 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 February 10, 2004,the Department received for review Monroe County Ordinance
No. 047-2003 which was adopted by the Monroe County Board of County Commissioners on
December 17, 2003 ("Ord. 047-2003"). The purpose of Ord. 047-2003 is to amend Section 9.5-
266 of the Monroe County Land Development Regulations. Ord. 047-2003 amends the '
Affordable and Employee Housing Regulations to allow market rate housing in Suburban
Commercial and Mixed Use zoning districts developed in conjunction with affordable or
employee housing to also be eligible to receive Rate of Growth Ordinance (ROGO)points as
infill development under Section 9.5-122(3)(a)(1) of the Monroe County Land Development
Regulations.
3. Ord. 047-2003 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
DCA Final Order No.: DCA04-OR-046
State Concern. §§ 380.05(6), Fla. Stat., and § 380.0552(9),Fla. Stat. (2003).
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 of land. § 380.031(8),Fla. Stat. (2003). The
regulations adopted by Ord. 047-2003 are land development regulations.
7. All land development regulations enacted, amended or rescinded within ari 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. 047-2003 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.
(j)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. 047-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 047-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
� r
DCA Final Order No.: DCA04-OR-046
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.
VA RIE J BARD, D CTO
Div on of Community P1 ng
Dep ment 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 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
ADMINISTRATIVE 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
3
DCA Final Order No.: DCA04-OR-046
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.
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 gorrect copies have been furnished
to the persons listed below by the method indicated this -jr day of March 2004.
Paula Ford, Agency Clerk
4
DCA Final Order No.: DCA04-OR-046
By U.S. Mail:
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West,Florida 33040
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, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee. FL 32316-2235
850-576-3171
LMunl~.com
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 85
Recorded: 6/14/20042:49:58 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 046-2003 12/17/2003 Allocations Sec. 9.5-124(NROGO) by adding a definition
for "Covered Walkways" adding regulations for covered
outdoor non-residential floor area.
Ordinance Nc. 0~7-2003 12/17/2003 Amending Sec. 9.5-266(Affordable and Employee
Housing).
Ordinance No. 048-2003 12/17/2003 Amending Land Development Regulations, Sec. 9.5-4
(Definitions).
Ordinance No. 005-2004 2/18/2004 Amending Sec. 9.5-317(b)(1)b, (Standards for Issuance of
Building Permits in Areas of Special Flood Hazard).
Ordinance No. 012-2004 5/19/2004 Amending Sec. 2-541 (1)(1), revising the requirement for Bid
Bonds to apply only to construction projects estimated to
exceed $150,000.
Ordinance No. 013-2004 5/19/2004 Amending Code by adding Sub-sec. (g) to Sec. 8-82, in
order to provide that any collector exiting Monroe County
with equipment loaded with sludge shall use Card Sound
Road and shall produce Service Tickets.
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