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
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(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
B~~
BOARD OF COUNTY COMMISSIONERS
OF MO*ROE COUNTY, FLORIDA
BY~
DAVID P. RICE
MAYOR PRO TEM
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RO IV, WOLFE------------
CHIEF ASS/STANTe!: ,,', .
Date~-:::.{(_::O._':if!..TY j.\Tl,iHNEY
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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
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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.
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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