Ordinance 035-2004
ORDINANCE NO. 035 -2004
AN ORDINANCE REPEALING BOCC ORDINANCES 10-2004
AND llA-2004 AND 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 THE GROWTH MANAGEMENT DIRECTOR
AND THE COUNTY ATTORNEY TO APPROVE RESTRICTIVE
COVENANTS AND WARRANTY DEEDS UNDER ROGOINROGO
AND AFFORDABLE HOUSING AND TO PROHIBIT THE
AWARD OF ROGO POINTS FOR AGGREGATION WITHIN
THOSE AREAS PROPOSED FOR ACQUISITION FOR
RESOURCE PROTECTION; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND DIRECTING THE PLANNING DIRECTOR
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, BOCC Ordinance 10-2004 and BOCC Ordinance llA-2004 contained scrivener's
errors that were not discovered prior to being approved by the BOCC; and
WHEREAS, to correct the scrivener's errors these ordinances shall be repealed and replaced
with a new ordinance containing the content of the two previous ordinances; and
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 agreements; 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 of the County Clerk; and
WHEREAS, the Monroe County Comprehensive Plan directs future growth to areas suitable
for development and away from areas classified as Conservation lands and lands proposed for
acquisition for resource protection; and
WHEREAS, the prohibition of ROGO points for aggregation within areas proposed for
acquisition for resource protection will be consistent with the Comprehensive Plan and further direct
future growth away from environmentally sensitive lands; and
WHEREAS, Staff finds that the proposed changes are 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 Commissioners finds that the proposed
changes are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, these text changes were reviewed and APPROVED at the DRC public meeting
of January 15,2004; and
WHEREAS, these text changes were reviewed and APPROVED at the PC public hearing of
January 28, 2004 and APPROVED at the public hearing of February 11,2004; and
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. 9.5-266
as recommended by the Planning Commission and Growth Management.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. BOCC Ordinance 10-2004 and BOCC Ordinance l1A-2004 are hereby repealed in their
entirety.
Section 2.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
1. Points will not be awarded for lot aggregation within 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 aggregated lot running in favor of Monroe County and enforceable by
Section 3.
the county, shall be approved by the growth management director and
county attorney and Jecorded in the office of the county clerk prior to the
issuance of any 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 Momoe 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 building permit pursuant to an allocation award.
(a)(5) Land dedication:
Additional requirements:
1. "Buildable" means construction of a dwelling unit or some development that
could be permitted, as determined by the director of planning.
2. The application shall include but not be limited to 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 management director and county attorney
and recorded in the office of the county clerk prior 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 Momoe County that
limits the floor area ratio of the property to a maximum of twenty-three percent
(23%) for a period of ten (10) years 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 building permit pursuant to an
allocation award.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
(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 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 management director and county attorney
and recorded in the office of the county clerk prior to the issuance of any
building permit pursuant to an allocation award.
Sec. 9.5-266. Affordable and employee housing; administration.
(f) Administration and compliance:
(7) The restrictive covenants for affordable and employee housing required
under this section shall be approved by the growth management director and
county attorney prior to the recording of the covenant and issuance of any
building permit.
Invalid Provision. 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.
Repeal; Non-Revival. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance
herein shall not repeal the repealing clause of such ordinance or revive any ordinance
which has been repealed thereby.
Effect of Repeal. This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; does not waive any fee or
penalty due or unpaid on the effective date of this ordinance; and does not affect the
validity of any bond or cash deposit posted, filed, or deposited pursuant to the
requirements of any ordinance.
Ordinance Codified. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Effective Date. This ordinance shall be filed in the Office of the Secretary of the State
of "Florida but shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
Section 10. Transmittal. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with
the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 20th day of October, A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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AT'I,'E.ST.:DANNY KOHLAGE, CLERK
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MONROE COUNTY ATTORNEY
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ<(305) 289-1745
MONROE COUNfY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
January 24, 2005
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 70041160000719747541
Dear Mrs, Cloud,
Enclosed please find a certified copy of Ordinance No. 035-2004 repealing BOCC
Ordinances 010-2004 and 011A-2004 and amending See, 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 the Growth
Management Director and the County Attorney to approve Restrictive Covenants and Warranty
Deeds under ROGOINROGO and Affordable Housing and to prohibit the award ofROGO points
for aggregation within those areas proposed for acquisition for resource protection; providing for
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and directing the Planning Director to forward a certified copy of
this Ordinance to the Florida Department of Community Affairs and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on October 20, 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 Circuit Court
and ex officio Clerk to the
Board of County Co
by:
cc:
County Administrator w/o document
County Attorney
BOCC
Growth Management
File /
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Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
January 27,2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated January 24, 2005 and certified copy of Monroe County Ordinance
No. 035-2004, which was filed in this office on January 26, 2005.
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Liz Cloud
Program Administrator
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OSTATE LIBRARY OF FLORIDA
RA Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.f1.us
OLEGlSLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFWRIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-21800 FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCAOS-OR-052
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULA TIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 035-2004
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FINAL ORDER
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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. (2004), 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 January 25,2005, the Department received for review Monroe County Ordinance
No. 035-2004 which was adopted by the Monroe County Board of County Commissioners on
October 20, 2004 ("Ord. 035-2004").
3. The purpose ofOrd. 035-2004 is to repeal Ordinance 010-2004, and 11A-2004 and
amend Sections 9.5-122.3, 9.5-124.8 and 9.5-266, of the Monroe County Land Development
Regulations in order to grant authority to the growth management director and the county
attorney to approve restrictive covenants and warranty deeds under ROGOINROGO and
affordable housing, and to prohibit the award of ROGO points for aggregation within those areas
proposed for acquisition for resource protection
4. Ord. 035-2004 is consistent with the County's 2010 Comprehensive Plan.
DCA Final Order No.: DCAOS-OR-OS2
CONCLUSIONS OF LAW
5. 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. (2004).
6. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla, Stat. (2004) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2004). The
regulations adopted by Ord. 035-2004 are land development regulations.
8. 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.
9. Ord. 035-2004 promotes and furthers the following Principle:
(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.
10. Ord. 035-2004 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 035-2004 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
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DCA Final Order No.: DCAOS-OR-OS2
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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JA ,
ST A PLANNING ADMINISTRATOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TIVE 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
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
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DCA Final Order No.: DCAOS-OR-OS2
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
ADMINISTRA TIVE 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.
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DCA Final Order No.: DCAOS-OR-OS2
CERTIFICA TE 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 correct copies have been furnished
to the persons listed below by the method indicated this /~ay of March, 2005.
l~ ir'
r Paula Ford, Agency Clerk
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:
James L. Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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