Ordinance 012-2000
ORDINANCE # 012-2000
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AMENDMENTS
TO THE RATE OF GROWTH ORDINANCE (ROGO) OF THE
MONROE COUNTY CODE, INCLUDING SECTIONS 9.5 -4,
9.5-122 and 9.5-122.3 BY PROVIDING ADDITIONAL
DEFINITIONS, ADDING FLEXIBILITY AND ADDING
POSITIVE POINT OPPORTUNITIES FOR MODEST is t::l
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WHEREAS, Policy 101.2.13 of the Monroe Coun Year 2010 Com fieii3iv~larro
(2010 Plan) requires Monroe County to implement a permit allocation system; an :-.?; - f"T1
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WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be com,ris<@:
of a residential permit allocation system and a commercial permit allocation system; and
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WHEREAS, the 2010 Plan recognizes affordable housing as an important issue facing
Monroe County and its residents; and
WHEREAS, Goal 601 of the 2010 Plan directs the County to provide programs and
policies that facilitate access by all residents to adequate and affordable housing; and
WHEREAS, changing the affordable housing definition in the County Code to include
only those residents in the low and very low income categories could ensure that these residents
have more opportunities to live in the homes created with affordable housing ROGO allocations;
and
WHEREAS, currently the extra points necessary to successfully compete in the market
rate category of residential ROGO involve substantial financial investments; and
WHEREAS, middle income residents and those who would no longer qualify for
affordable housing ROGO allocations (those earning more than 100% of the median income for
the County) could compete successfully for market rate ROGO allocations if new ROGO points
were created that provided a competitive advantage to modest homes; and
WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage
housing of various types, sizes and price ranges to meet the needs of residents; and
WHEREAS, the amendments to residential ROGO detailed in the ordinance should
help create a diverse housing stock, including multi-family units and commercial apartments,
that meets the needs of middle and lower income residents; and
Affordable Housing County Code Ordinance
Page 1 of 11
WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an
affordable housing strategy; and
WHEREAS, amendments to residential ROGO detailed in this ordinance are developed
in manner consistent with the 2010 Plan; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on
August 11, 1999, conducted a review of an amendment to the 2010 Plan filed by the Planning
Department to add flexibility to residential ROGO, provide positive point opportunities for
modest housing and create opportunities for new development by transferring existing residential
and transient units and spaces; and
WHEREAS, the Board of County Commissioners adopted the amendment to the 2010
Plan at this meeting; and
WHEREAS, the Board of County Commissioners were also presented with draft Monroe
County Code (LDRs) language that would implement these 2010 Plan changes at this meeting;
and
WHEREAS, on February 17,2000, the Board of County Commissioners, after due
notice and public participation in the public hearing process, conducted a public "adoption
hearing" to consider adopting the proposed amendment.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1.
Secs. 9.5-4 shall be amended and read as follows (the strikethrough
and underline format is used to indicate additions and deletions to
this section):
Sec. 9.5-4. Definitions.
(M-17) Modest housinK means residential units that have a
combination of design and site characteristics that make them more
reasonably priced than residential units lacking such
characteristics.
eM-18) Modular home means a structure intended for residential
use that is manufactured off-site in accordance with state standards.
(H 17) (M-19) Monroe County Comprehensive Plan means the
Monroe County Comprehensive Plan adopted and amended
pursuant to Florida Statutes section 163.3161 et seq.
Affordable Housing County Code Ordinance
Page 2 of 11
(N-ll) Non-waterfront lot means a parcel of land that does not
contain a shoreline.
~) (N-12) Nursery means a use in which plants are grown for
sale or for the harvest of their products.
Section 2. Sec. 9.5-122 shall be amended to read as follows (the strike-through
and underline format is used to indicate additions and deletions to this section):
Sec. 9.5-122. Residential ROGO allocations
(b) Ratio of Affordable Housing ROGO Allocations to Market Rate ROGO
Allocations: Prior to October of each year the county shall set the yearly
residential ROGO allocation ratio, by subarea, for each ROGO year as follows:
(1) Board of County Commissioners action required: The
planning commission may recommend that the board of
county commissioners adopt a resolution changing the ratio
of affordable housing to market rate ROGO allocations
based upon the recommendations of the planning
commission and the planning director arising from the
annual review of ROGO. The yearly ROGO review may
include the following recommendations:
a. Amend the market rate to affordable housing ROGO
allocation ratio for each subarea provided that in no
event shall the percentage be less than 20% for
affordable housing and where the yearly percentage
increase or decrease shall not exceed 30% of the
previous year's ROGO allocations to market rate and
affordable housing; and
b. Provide a portion of the affordable housing ROGO
allocations to the Monroe County Housing Authority
for distribution in accordance with an
intergovernmental agreement between the Monroe
County Housing Authority, the Land Authority and
Monroe County.
~ (9Affordable housing allocation awards and eligibility:
(1) The definition of affordable housing shall be as specified in Secs. 9.5-4(A-
5) and 9.5-266.
Affordable Housing County Code Ordinance
Page 3 of 11
(2) Any portion of the twenty (20) percent allocation not used for affordable
housing at the end of a ROGO year shall be made available for affordable
housing for the next ROGO year.
(3) No affordable housing allocation shall be awarded to an application to be
located within a parcel that receives negative points according to criteria
specified under Habitat Protection, or Threatened or Endangered Species,
or Critical Habitat Area in Sec. 9.5-122.3 (a)(7) or (8) or (9) unless said
parcel is located within the IS-D or UR or URM or URM-L or land use
districts.
~Residential Dwelling Unit Allocation Required: From and after the
effective date of the dwelling unit allocation system, the county shall issue
no building permit for a residential dwelling unit unless such dwelling unit
has received the following:
a. a residential dwelling unit allocation award; or
b. is exempt from the dwelling unit allocation system; or is determined to
be vested pursuant to Sec. 9.5-120.3; or
c. is the subject of a completed building permit application received by
the county on or before June 9, 1992.
~(~ Exempt and vested development:
(1) Any building permit for residential dwelling units issued, by the county
during an allocation period to vested development shall be subtracted from
the annual residential dwelling unit allocation for that allocation period.
(2) After subtracting building permits issued for vested residential dwelling
units by subarea and by quarterly allocation period, the director of
planning shall re-determine the quarterly residential dwelling unit
allocation in accordance with the following principles and guidelines:
a. If the number of vested residential dwelling units is less than fifty (50)
percent of the quarterly allocation for the affected subarea, such vested
residential dwelling units shall be subtracted from the quarterly
allocation and only the remainder of the quarterly allocation shall be
available for allocation in that quarterly period.
b. If the number of vested residential dwellinK units is fifty
(50) percent or more of the quarterly allocation for the
Affordable Housing County Code Ordinance
Page 4 of 11
affected subarea, only fifty (50) percent of such vested
residential development shall be subtracted from the
quarterly allocation and the remaining fifty (50)
percent of the quarterly allocation shall be available
for allocation in that quarterly period; in that event, the
'excess' residential dwelling units shall be determined
and subtracted pro rata from future allocation periods
so that an average annual build-out of two hundred
twenty seven (227) dwelling units is not exceeded
(i) Yearly Residential ROGO Allocation Ratio: Each
subarea shall have its number of market rate and
affordable housing residential ROGO allocations
available per ROGO year determined by the
following formula:
1) Market Rate Residential ROGO Allocations
available in each subarea is equal to the Yearly
number of available Residential ROGO
Allocations in each subarea, multiplied by the
percentage of the Market Rate Residential
ROGO Allocations.
2) Affordable Housing Residential ROGO
Allocations available in each subarea is equal to
the Yearly number of available Residential
ROGO Allocations in each subarea, multiplied
by the percentage of Affordable Housing
Residential ROGO Allocations.
(ii) Quarterly Residential ROGO Allocation Ratio:
Each subarea shall have its number of market rate
and affordable housing residential ROGO
allocations available per ROGO quarter determined
by the following formula:
1) Market Rate Residential ROGO Allocations
available in each subarea per quarter is equal to
the Market Rate Residential ROGO Allocations
available in each subarea divided by four (4).
2) Affordable Housing Residential ROGO for all
four ROGO quarters shall be made available at
the beginning of the first quarter for a ROGO
year.
Affordable Housing County Code Ordinance
Page 5 of 11
~ @Adjustment of Residential ROGO Allocations: At the end
of each quarterly allocation period, the planning director shall
recommend additions or subtractions to the basic allocation
available by subarea, based upon any of the following, as
appropriate:
(1) The number of residential ROGO allocation awards which
expired during the previous quarterly allocation period;
(2) The number of residential ROGO allocation awards
available which were not allocated during the quarterly
allocation period in the current annual allocation period;
(3) The number of residential ROGO allocation awards in
previous quarters which were borrowed from future
allocations to accommodate multiple unit projects or to
accommodate allocation applications with identical scores,
pursuant to 9.5-122.2(b)(2) or which were granted to
applicants via either the appeals process, administrative
relief or a beneficial use determination;
(4) Residential ROGO allocations vested during the preceding
quarter, as follows:
a. If the number of residential ROGO allocations in
question is less than fifty (50) percent of the quarterly
allocation for the affected subarea, such vested
residential dwelling units shall be subtracted from the
quarterly allocation and only the remainder of the
quarterly allocation shall be available for allocation in
that quarterly period.
b. If the number of residential ROGO allocations in
question is fifty (50) percent or more of the quarterly
allocation for the affected subarea, only fifty (50)
percent of such vested residential development shall be
subtracted from the quarterly allocation and the
remaining fifty (50) percent of the quarterly allocation
shall be available for allocation in that quarterly period;
in that event, the 'excess' residential dwelling units
shall be determined and subtracted pro rata from future
allocation periods so that an average annual build-out of
two hundred twenty seven (227) dwelling units is not
exceeded.
Affordable Housing County Code Ordinance
Page 6 of 11
(5) Any other modifications required or provided for by the
comprehensive plan.
(6) Any portion of the residential ROGO allocations not used
shall be retained and be made available for affordable
housing from ROGO year to ROGO year.
Section 3.
Sec. 9.5-122.3 shall be amended to include new Sections 9.5-
122.3(a)(19) (the underlinejormat is used to indicate additions to
this section):
Sec. 9.5-122.3. Evaluation criteria.
(19) MODEST HOUSING:
The following points shall be assigned in order to
encourage the construction of moderately-priced residential
dwelling units.
Detached Residential Dwellin2 Unit
Point Assignment:
+2
Criteria:
An application which qualifies
for infill ROGO points and proposes
to develop a detached residential
dwelling unit that contains one
thousand three hundred (1,300)
square feet, or less, of habitable
space
Additional Requirements:
1. An affordable unit is not eligible
jjJr these points since a
residential dwelling unit that
utilizes an affordable ROGO
allocation is already required to
contain one thousand three
hundred (1,300) square feet, or
less, of habitable space.
2. The parcel of land proposed for
developing the detached
residential dwelling unit shall not
qualify for negative points under
Sec.9.5-122.3(a)(7) or (8) or (9),
except for a parcel of land
Affordable Housing County Code Ordinance
Page 7 of 11
Point Assignment:
+2
Point Assignment:
+1
located within a URM, URM-L,
IS-D or UR land use district.
3. Expansion of the habitable space
of the detached residential
dwelling unit shall be limited by
a condition on the permit for at
least seven (7) years.
Criteria:
An application shall earn additional
points for proposing a detached
modular residential dwelling unit.
Additional Requirements:
1. To be eligible for these points,
the detached modular residential
dwelling unit must meet the
minimum windload requirements
for Monroe County.
2. Both affordable and market units
are eligible for these points.
Criteria:
An application shall earn an
additional point for proposing a
detached residential dwelling unit on
a non-waterfront lot.
Additional Requirements:
1. Both affordable and market units
are eligible for this point.
Affordable Housing County Code Ordinance
Page 8 of 11
Attached Residential Dwelling Units
Point Assignment:
+3
Point Assignment:
+2
Criteria:
An application which proposes
to develop an attached residential
dwelling unit that contains one
thousand three hundred (1,300)
square feet, or less, of habitable
space.
Additional Requirements:
1. Both affordable and market units
are eligible {or these points.
2. The parcel o{landproposed for
developing an attached
residential dwelling unit shall not
qualify (or negative points under
Sec.9.5-122.3(a)(7) or (8) or (9),
except for a parcel of land
located within a URM, URM-L,
IS-D or UR land use district.
3. Expansion of the habitable space
of an attached residential
dwelling unit shall be limited by
a condition on the permit for at
least seven (7) years.
Criteria:
An application shall earn additional
points for proposing an attached
modular attached residential
dwelling unit.
Additional Requirements:
(1) To be eligible for these points an
attached residential modular
dwelling unit must meet the
minimum windload requirements
for Monroe County.
(2) Both affordable and market units
are eligible for these points.
Affordable Housing County Code Ordinance
Page 9 of 11
Section 4.
Section 5.
Section 6.
Section 7.
Point Assignment:
+1
Criteria:
An application shall earn an
additional point for proposing an
attached residential dwelling unit on
a non-waterfront lot.
Additional Requirements:
(1) To be eligible for this point, the
modular dwelling unit must meet
the minimum windload
requirements for Monroe County.
(2) Both affordable and market units
are eligible for this point.
+2
An application shall earn additional
points for utilizing transfers of
ROGO exemptions (TREs) in the
development of an attached
residential dwelling unit on a one for
one basis. All such transfers must
occur in accordance with Sec. 9.5-
120.4.(b).
The existing County Code shall be amended with the language as stated above
under Sections 1 through 3.
If any section, subsection, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Affordable Housing County Code Ordinance
Page 10 of 11
Section 8.
This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in
compliance with Chapters 163 and 380 of the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of the Board held on the 17th day of February , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
Yes
Not Present
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:cS~-F~
MA YOR/C AIRPERSON
ATTEST: DANNY L. KOLHAGE, CLERK
G~~
DEPUTY CLERK
Affordable Housing County Code Ordinance
Page II of II
1!\annp 1.. }&olbage
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAlHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 25,2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 008-2000 approving the request by the Planning Department to change
the Future Land Use Map of the Monroe County Year 20 I 0 Comprehensive Plan from mixed
use/commercial fishing (MCF) to residential medium (RM) and/or conservation (C) for properties
described as Lots 1-8, 11-13, 19-20, 25-27, 32, 36-38, 41-47, amended plat of Bahia Shores
Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County
Florida; and Lots 2-7, 11-17,20-33, 40-44 amended plat of Dolphin Harbor Subdivision, No
Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida; and
unplatted properties on No Name Key, Section 18, Township 66 South, Range 30 East, Monroe
County, Florida having the following real estate numbers: 00108040-000100, 00108040-000101,
00108040-000102, 00108040-000103, 00108040-000104, 00108040-000105,
00108040-000106, 00108040-000300, 00108040-000301, 00108040-000302,
00108040-000303, 00108040-000304, 00108040-000400, 00108040-000401,
00108040-000500, 00108040-000600, 00 I 08040-000700, 00319491-000100,
00319491-000200, 00319491-000400, 00319491-000500, 00319491-000600,
00319491-000700, 00319491-000800, 00319491-001100, 00319491-001200,
00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500,
00319491-002600, 00319491-002700, 00319491-003200, 00319491-003600,
00319491-003700, 00319491-003800, 00319491-004100, 00319491-004200,
00319491-004300, 00319491-004400, 00319491-004500, 00319491-004600,
00319491-004700, 00319491-004800, 00319491-004900, 00319491-004901,
00319492-000200, 00319492-000300, 00319492-000400, 00319492-000500,
00319492-000600, 00319492-000700, 00319492-001100, 00319492-001300,
00319492-001400, 00319492-001500, 00319492-001600, 00319492-001700,
00319492-002000, 00319492-002100, 00319492-002200, 00319492-002300,
00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900,
00319492-003000, 00319492-003100, 00319492-003200, 00319492-003300,
00319492-004000,
00319492-004400,
00319492-004100,
00319492-004500,
00319492-004200,
00319492-004600.
00319492-004300,
Ordinance No. 009-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan: from agriculture
(A)/mixed use-commercial (MC)/residential low (RL)/ residential conservation (RC) to mixed
use-commercial (MC)/residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000000; and from residential low (RL )/residential conservation (RC) to mixed
use-commercial (MC)/ residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000300; and from residential conservation (RC) to agriculture (A) for property
described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29 East,
Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number
00114120-000000.
Ordinance No. 010-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
medium (RM) to mixed use-commercial (MC) for property described as Lots 521, 522, and
523-534, Port Largo fifth addition, Key Largo Section 33, Township 61 South, Range 39 East;
with the following RE numbers: 00453475-013700, 00453475-0013800, and 00453475-014100.
Ordinance No. 011-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
high (RH) to residential medium (RM) for property described as all of Lots 1-9 of Block 2, all of
Lots 2-7 of Block 1, and an unnumbered Lot in Block 1, Paradise Point Subdivision, Key Largo
Section 1, Township 61 South, Range 39 East, with the following real estate numbers:
00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000,
00513310-000000, 00513320-000000, 00513330-000000, 00513340-000000,
00513440-000000, 00513450-000000, 00513460-000000, 00513470-000000,
00513480-000000, 00513490-000000.
Ordinance No. 012-2000 approving amendments to the Rate of Growth Ordinance (ROGO) of
The Monroe County Code, including Sections 9.5-4, 9.5-122 and 9.5-122.3 by providing
additional definitions, adding flexibility and adding positive point opportunities for modest
housing.
Ordinance No. 013-2000 approving amendments to residential ROGO's affordable housing
provisions of the Monroe County Year 2010 Comprehensive Plan, including portions of policies
101.2.4, 101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and
provide positive point opportunities for modest housing. This Ordinance also adds policy
101.5.10 which creates opportunities for new development by transferring existing transient and
residential units and spaces.
Ordinance No. 014-2000 recommending approval of the request filed by Monroe County to
change the Future Land Use Map from residential low (RL) to recreation (R) for properties
located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the
Ordinance No. 015-2000 approving the request filed by Monroe County to change the Land Use
District Map from sparsely settled (SS) to park and refuge (PR) for properties located at the
Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf
Course.
Ordinance No. 016-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
conservation (C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 017-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field,
Ramrod Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein
Park.
Ordinance No. 018-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to conservation district (CD) for Garden Cove
Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 019-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to park and refuge district (PR) for Friendship
Park, Key Largo Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park,
Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park,
and Bernstein Park.
Ordinance No. 020-2000 approving the request by property owner Ida Welborn to change the
Future Land Use Map designation of the 2010 Comprehensive Plan for Lots 10 and 11,
resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile
marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from residential medium
(RM) to mixed use/commercial (M/C).
Ordinance No. 021-2000 approving the request by property owner Ida Welborn to change the
official Land Use Map (zoning) designation for Lots 10 and 11, resubdivision of seaside, Section
14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real
estate numbers 00491650 and 004911660, from improved subdivision (IS) to suburban
commercial (SC).
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 17,2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Han~~
G.~~---
Cc: Board of County Commissioners
County Administrator w/o document
County Attorney
Growth Management
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of CorpoI1ltions
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Division of LibI1lry and Infonnation Services
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MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
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Preservation Board
RINGLlNG MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 29, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of February 25, 2000 and certified copies of Monroe County Ordinance
Nos. 08-2000 through 21-2000, which were filed in this office on February 28,2000.
Sincerely,
~~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.,us
DCA Final Order No. DCAOO-OR-295
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 012-2000
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuantto ~S 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (1999), which require the
Department to enter a final order approving or rejecting land development regulations adopted by
Monroe County. This Final Order rejects in part and approves the remainder of Monroe County
Ordinance No. 012-2000 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 unit of government within the Florida Keys Area.
2. On September 8, 2000, the Department received for review Monroe County
Ordinance No. 012-2000 which was adopted by the Monroe County Board of County
Commissioners on February 17,2000 ("Ord. 012-2000"). Ord. 012-2000 amends Secs. 9.5-4, 9-
5.122 and 9-5.122.3 of the Monroe County Code ("Code") regarding the Rate of Growth Ordinance
(ROGO) as pertaining to affordable and modest housing.
3. Section 1 of Ord. 012-2000 amends Code Sec. 9.5-4 adding definitions. Section 2
ofOrd. 012-2000 amendsCode Sec. 9.5-122 regarding Residential ROGO allocations. Section 3
of Ord. 012-2000 creates Code Sec. 9.5-122.3(a)(19) concerning evaluation criteria for modest
DCA Final Order No. DCAOO-OR-295
housing. Section 4 of Ord. 012-2000 amends the Code consistent with the foregoing; Section 5
contains a superseding provision; Section 6 contains a conflict provision; Section 7 requires
transmittal of the ordinance to the Department for review; and Section 8 concerns filing the
ordinance with the Florida Secretary of State Office.
4. Ordinance 012-2000 promotes modestly priced housing in Monroe County consistent
with, and in furtherance of, the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
1. The Department is required to approve or reject any and all land development
regulations that are enacted, amended or rescinded by any unit of governrnent in the Florida Keys
Area of Critical State Concern within 60 days of receipt by the Department. ~S 380.05(6) and (11),
Fla. Stat., and S 380.0552(9), Fla. Stat. (1999).
2. Monroe County is a unit of government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla.
Admin. Code) and Chapter 28-30, Fla. Admin. Code.
3. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (1999). The regulations
adopted by Ord. 012-2000 are land development regulations, as defined by statute.
4. All land development regulations enacted, amended or rescinded by Monroe County
must be consistent with the Principles for Guiding Development (the "Principles"). S 380.0552(7),
Fla. Stat... see Rathkamp v. Department of Community Affairs, 21 F .A.L.R. 1902 (Dec. 4, 1998),
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DCA Final Order No. DCAOO-OR-295
aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). In reviewing the land development regulations for
consistency, the Principles shall be construed as a whole and no specific provision shall be
construed, or applied in isolation from, the other provisions. ~ 380.0552(7), Fla. Stat. (1999).
5. The Department has reviewed all provisions ofOrd. 012-2000 for consistency with
the Principles for Guiding Development. Paragraphs (b), (c), (e), (f), (g), (i) and (k) of the Principles
do not apply to Ord. 012-2000.
6. The Department has determined that Ord. 012-2000 is consistent with the Principles
as a whole.
WHEREFORE, IT IS ORDERED that Ord. 021-2000 is found to be consistent with the
Principles found at ~ 380.0552(7), Fla. Stat. (1999), as a whole, 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.
J TOMAS BECK, 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 FORAN ADMINISTRATIVE PROCEEDING PURSUANT
TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MA TERlAL FACT
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DCA Final Order No. DCAOO-OR-295
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 F ACT STATED IN THE AGENCY
ACTION, THEN YOU MA YFILE 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 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
AFF AIRS 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 28-1 06.20 1 (2), FLORIDA
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DCA Final Order No. DCAOO-OR-295
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.
YOUW AIVE 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 an7ncorrect copies have been furnished to the
persons listed below, by the method indicated, thi -:..-day of October, 2000.
By U.S. Mail:
Honorable Shirley Freeman
Mayor of Monroe County
500 Whitehead Street
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
Bv Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee
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