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Ordinance 010-2004 ORDINANCE NO. 010 -2004 AN ORDINANCE AMENDING SEC. 9.5-122.3;SEC.9.5-124.8; SEe. 9.5-266 OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS IN ORDER TO GRANT AUTHORITY TO GROWTH MANAGEMENT DIRECTOR AND THE COUNTY ATTORNEY TO APPROVE RESTRICTIVE tOVENANTS AND WARRANTY DEEDS UNDER ROGOINROGO AND AFFORDABLE HOUSING. PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND DIRECTING THE PLAlN'NING DIRECTOR TO FORWARD A CERTIFIED COpy OF THlS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, presently, all restrictive covenants for Affordable Housing, warranty deeds for land dedication, restrictive covenants permitting only single-family dwellings on a parcel of land, or, in a few cases, the removal of these restrictive covenants require approval by the board of county commissioners before any development may receive a building permit; and WHEREAS, in 2003, there were approximately 80 such agIteements; and WHEREAS, all were legally advertised for BOCC regular meetings, and all were formally presented to the commission for approval as Bulk Items; and WHEREAS, after approval, each agreement is recorded in the office of the county clerk; and WHEREAS, the commission has approved all of these agreements; none have ever been disapproved; and WHEREAS, this process has existed since the inception of ROGO; and WHEREAS, the formality of this process is unnecessarily time-consuming for the applicant, for staff and for the commission; and WHEREAS, it is proposed that each of these actions be approved by the growth management director and the County Attorney, and then recorded in the office ofthe County Clerk; and WHEREAS, Staff 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 Monroe County Board of County Commi1sioners finds that the proposed change is consistent with the goals of the Monroe County Year 201~ Comprehensive Plan; and , WHEREAS, this text change was reviewed and APPROWD at the DRC public meeting of January 15,2004; and 'l WHEREAS, this text change was reviewed and APPROVED at the PC public hearing of January 28, 2004 and APPROVED at the public hearing of February 11, 2004; WHEREAS, The Board of County Commissioners at their meeting of April 21, 2004 in Key West, Florida reviewed the proposed amendment to Sections 9.5-122.3; Sec. 9.5.124.8; & Sec. 9.5-26 as recommended by the Planning Commission and Growth Management. I NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 9.5-122.3 Evaluation criteria (a)(3) Lot aggregation: Additional requirements: .L. Points will not be awarded for lot aggregation withirt those areas proposed for acquisition by governmental agencies for the purpose of resource protection. 2. The application shall include but not be limited to the following: . An affidavit of ownership of all affected parcels, acreage or land; and . A Legally binding restrictive covenant limiting !the number of dwelling units on the acreage tract, running in favor of Monroe County and enforceable by the County, shall be approved by the growth management director and county attorney and recorded in the office of the County Clerk prior to the issuance of any development approval or building permit, pursuant to an allocation award. (a)(4) Acreage tract density reduction: Additional requirements: 1. The parcel proposed for development must be located in zoning districts in which density is allocated in residential units per acre. 2. The application shall include but not be limited to the following: · An affidavit of ownership of the affected parcel, acreage or land; · A Legally binding restrictive covenant limiting the number of dwelling units on the acreage tract, running in favor of Monro]eounty and enforceable by the County, shall be approved by the growth man gement director and county attorney and recorded in the Monroe County lerk's Office, prior to the issuance of any development approval or building pe it, pursuant to an allocation award. ! Section 2. Section 3. (a)(5) Land dedication: Additional requirements: 1. "Buildable" means construction of a dwelling unit or some development could be permitted, as determined by the director of planting. 2. The application shall include but not be limited tb the following: · An affidavit of ownership of all affected lots, parcels, acreage or land; · A statutory warranty deed that conveys the dedicated property to the County shall be approved by the, growth managemerlt director and county attorney and recorded in the office of the County Clerk, p~ior to the issuance of any building permit pursuant to an allocation award. Sec. 9.5-124.8 Evaluation criteria (a)(2) Intensity reduction: Additional requirements: A legally binding restrictive covenant running in favor of Monroe County that limits the floor area ratio of the property to a maximum oftweJilty three percent (23%) for a period often (10) years shall be approved by the growth mainagement director and county attorney and recorded prior to the issuance of any building permit pursuant to an allocation award. (a)(3) Land dedication: Additional requirements: 1. "Buildable" shall mean construction of a dwelling unit or non-residential development, as determined by the planning director. 2. The application shall include but not be limited to th~ following: · An affidavit of ownership of all affected lots, par~els, acreage or land; · A statutory warranty deed that conveys the dedicated property to the county shall be approved by the, growth management director an~ county attorney and recorded in the office of the Clerk of the County, prior to the 1ssuance of any building permit pursuant to an allocation award. . Sec. 9.5-266. Affordable and employee housing; administration. (b) Administration and compliance: (7)The restrictive covenants for affordable and employee housing required under this section shall be approved by the growth manageme~ director and county attorney prior to the recording of the covenant and issuance of any !building permit. Section 4. If any section, subsection, sentence, clause, item, chclmge, or provision of this ordinance is held invalid, the remainder of this ordinance shall ~ot be affected by such validity. Section 5. All ordinances or parts of ordinances in conflict witH this ordinance are hereby repealed to the extent of said conflict. Section 7. This ordinance shall be filed in the Office of the Sectetary of State of Florida, but shall not become effective until a notice is issued by the Qepartment of Community Affairs or Administrative Commission approving the ordim$ce. Section 8. This ordinance shall be transmitted by the Planning lDepartment to the Department of Community Affairs to determine the consistency of ~s ordinance with the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissi~ners of Monroe County, Florida, at a regular meeting of said Board held on the 21 SI day of April, 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent 'G9mmissioner Spehar ~bsent ~ ~ ~ m (SEAL) Attest: DANNY L.KOLHAGE, Clerk B~~ BOARD OF COUNTY COMMISSIONERS OF MO*ROE COUNTY, FLORIDA BY~ DAVID P. RICE MAYOR PRO TEM ~ en 0::: 0 I.&.J ~ 0 8 ~ -' (.j <( La.. L&J X :;r:t-:~ 0::: ocr ...I (.) .... o '2: 0::: :co::~ 0 0 (30 l.I.. N ...J .(.) ;,-- x: Lu 0 >- :::0: do ex: w :II: .z: 0:: <- z: -J ..::r Q 0 = x: LL. = t'o.I RO IV, WOLFE------------ CHIEF ASS/STANTe!: ,,', . Date~-:::.{(_::O._':if!..TY j.\Tl,iHNEY -~._.._,- ----.... -- BRANCH OFFICE MARAlHON SUB COURlHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURlHOUSE 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 May 20, 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 9945 Dear Mrs, Cloud, Enclosed please find certified copies of the following: Ordinance No, 009-2004 amending Section 19-129, Monroe County Code; replacing the terms "motor coaches, travel trailer, and motor homes' with the inore inclusive term "recreational vehicle-type units"; providing for an increase in the length and Width of recreation vehicles that may be parked or stored in a residential district; providing for rep~al 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, 010-2004 amending Sec, 9,5-122,3; Sec, 9,5-124,8; Sec, 9.5-266 of the Monroe County Land Development Regulations in order to grant authority to Growth Management Director and the County Attorney to approve restrictive covenants and warranty deeds under ROGOINROGO and Affordable Housing, Providipg for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monr~e County Code of Ordinances; and directing the Planning Director to forward a certified copy c>f this Ordinance to the Florida Department of Community Affairs and providing an effective date, Ordinance No, 011-2004 creating Sec, 9,5-21(i) authorifing Monroe County Board of County Commissioners to establish by Resolution, fees to be c~arged by the Monroe County Growth Management Division for land development app!ications, ~ermits, approvals, and appeals, deleting Sec, 9,5 491(a) Fair Share Transportation Impact Fee; Seq. 9,5-492(c) Fair Share Ordinance Nos, 009-2004/010-2004/011-2004 Page 2 Community Park Impact Fee; Sec. 9,5-493(c) Fair Share Library Impact Fee; Sec, 9,5-494(b) Fair Share Solid Waste Impact Fee; Sec, 9,5-495(b) Fair Share Pollce Facilities Impact Fee; and Sec. 9.5-522 Filing Fees for Map Petitions and Administrative Appe4ls which do not reflect the present impact fees and filing fees adopted by more recent Resolution~ of the Monroe County Board of County Commissioners; providing for repeal of Ordinances infonsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; andl 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 April 21, 2004. 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 Circuii' Court and ex officio Cler to the Board of County Commissioners by G.~ Pamela ,Hancock, D, C. cc: Municipal Code Corporation-under separate cover County Administrator w/o documents MCSO-Ordinance 009-2004 Growth Management County Attorney BOCC File.! FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES May 25, 2004 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 20, 2004 and certified copies of Monroe County Ordinance Nos. 009-2004 through 011-2004, which were filed in this office on May 24,2004. Sincerely, Cf4o- U-O<<~ Liz Cloud Program Administrator LC/mp ;x "-> c::, -r- 0 0 c::, I ~ :bo ~ - ~ r- oC":l:Z- ", "" r- .~. 0 ;ll; ,,' -< o . r- '" "Ty oC'") ...., 0 c: ;0 ;:., z. c ::0 "'"fOr- ... ::0 :<:--;::r :E' .." )> 9 ", r- C> C"') > ,." c 0 ::0 \0 C DSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600 FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.t1.us DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487.2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 DADMINISTRA TIVE CODE AND WEEKLY (850) 245.6270. FAX: (850) 245-6282 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary August 3, 2004 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 . RE: DCA Final Order No. DCA04-0R-149 Dear Mr. Kolhage: You have recently received a copy of the Department's Final Order No. DCA04-0R-149, approving Monroe County Ordinance 10-2004. This Final Order copy was sent to you in error. The County Planning Director has indicated to the Department that the ordinance contains a scrivener's error that must be corrected through repeal and re-passage of the ordinance. Unfortunately some processing had already occurred at the Department, and copies of the Final Order were sent to local personnel. However, this Final Order will not appear in the Florida Administrative Weekly ("FA W"), and the ordinance has not been officially approved or rejected by the Department. If you have any questions regarding this matter, please contact me at (850) 488-0410. Sincerely, ~1'4 ~ ~ Timothy E. Dennis Assistant General Counsel cc: Rebecca Jetton, ACSC Administrator 2 5 5 5 S HUM A ROO A K B 0 U lEV A R'O . TAL l A HAS SEE, F lOR lOA 3 2 3 9 9 . 2 1 0 0 Phone: 8S0.488,8466/Suncom 278.8466 FAX: 8S0,921,0781/Suncom 291.0781 Internet address: httD://www.dca.state.fl.us CRITICAL STATE CONCERN FIElD OFFICE 2796 Overseas Highway, Suite 212 Marathon, Fl 33050-2227 (05) 289-2402 COMMUNITY PlANNING 2555 Shumard Oak Boulevard Tallahassee, Fl32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413.9969 HOUSING & COMMUNITY DEVElOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100 (850) 488.7956 DCA Final Order No.: DCA04-0R-146 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 010-2004 FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to SS 380.05(6), Fla. Stat., and S 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 June 16, 2004, the Department received for review Monroe County Ordinance No. 010-2004 which was adopted by the Monroe County Board of County Commissioners on April 21,2004 ("Ord. 010-2004"). The purpose ofOrd. 010-2004 is to amend Sections 9.5-122.3, 9.5- 124.8 and 9.5-266 ofthe Monroe County Land Development Regulations. Ord.Ol0-2004 modifies these sections to direct the growth management director and county attorney to approve restrictive covenants related to density reduction, intensity reduction and affordable housing without the necessity of going before the Board of County Commissioners. 3. Ord. 010-2004 is consistent with the ~ounty'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. SS 380.05(6), Fla, Stat., and S 380.0552(9), Fla, Stat. (2003). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. S 380.0552, Fla, Stat, (2002) and Rule 28-29.002 (superseding Chapter 27F-8), FIG. DCA Final Order No.: DCA04-0R-146 Admin. Code. 6. "Land development regulations" include local zoning, subdivision, building and other regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2003). The regulations adopted by Ord. 010-2004 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. 010-2004 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. 9. Ord. 010-2004 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 010-2004 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. / /1 1/ I,",',' J i'!' J/ /ul- ' i! L . f,i f/ '" " Vt-u.:.t'Lu ~rrL'0;n/[,~'-....v\ VALERIE J:-' UBBARD, DIRECTOR Division ofCdmmunity Planning Department 'of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2 DCA Final Order No.: DCA04-0R-146 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 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 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. 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 3 DCA Final Order No.: DCA04-0R-146 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 ~orrect copi9 have been furnished to the persons listed below by the method indicated this ~day of.AfiY, 2004. t*(f ~c-~ft9= b+--' Paula Ford, Agency Cl<!rk 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 4 DCA Final Order No.: DCA04-0R-146 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DCA Tallahassee Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee 5