Ordinance 034-2000
Ordinance No?3~000
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WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Compreh~iv~PI~(~
Plan) requires Monroe County to implement a permit allocation system; and lJlO fT'l ~ I ;:0
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AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO SECTION
9.5-120.4(b) OF THE MONROE COUNTY CODE RELATING TO
THE TRE (TRANSFER OF ROGO EXEMPTIONS) PROGRAM
FOR OFF-SITE REDEVELOPMENT.
WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of
a residential permit allocation system and a commercial permit allocation system; and
WHEREAS, prior to the enactment of the 2010 Plan, a residential permit allocation system
had been enacted as the Residential Rate of Growth Ordinance (residential ROGO) under
Ordinance 16-1992; and
WHEREAS, Monroe County then adopted Ordinance 006-1997 that modified residential
ROGO in order to implement requirements of Policy 101.3.1 of the 2010 Plan; and
WHEREAS, in order to eliminate confusion, the residential permit allocation system will
continue to be referred to as residential ROGO; 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, 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, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate
substandard housing and enhance existing housing; and
WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor
redevelopment over new development; and
WHEREAS, Policies 101.14.2 and 217.3.2 prohibit the placement of mobile homes within
the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home
park or subdivision zoned for such use; and
WHEREAS, if mobile homes are removed from the CHHA residents in the median, low
and very income categories could be adversely affected unless measures are put in place to provide
housing options that these residents can afford; and
Transfer Off-Site: TRE Program
ORDINANCE # -2000
Page 1 of6
WHEREAS, encouraging the development of attached housing development would help
meet the needs of Monroe County residents who cannot afford to live in single detached dwellings,
since units that are part of an attached housing development tend to be less expensive to rent and
purchase; and
WHEREAS, hotel rooms, mobile homes, campsites, RV sites and residential units are all
currently subject to residential RaGa; and
WHEREAS, creating a mechanism that allows for overdensity transient facilities, such as
mom and pop hotels and trailer parks, to transfer their overdensity units off-site will enable them to
come into conformance with regards to density make and, therefore, make substantial
improvements to their property; and
WHEREAS, if such a mechanism allows for overdensity transient facilities, to transfer
their overdensity units off-site for the construction of new hotel units, this would provide economic
opportunities for owners of overdensity transient facilities and for developers of new hotel units;
and
WHEREAS, amending residential RaGa so that subject to certain restrictions, eligible
units can be transferred off-site without going through RaGa provides a mechanism to eliminate
substandard housing, enhance existing housing and to redevelop residential and hotel uses
throughout the Keys; and
WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable
housing strategy; and
WHEREAS, the proposed 'Transfer of ROGO Exemptions (TRE) program' could playa
valuable role in an overall affordable housing strategy for the County by providing opportunities to
build affordable housing and upgrade substandard housing; and
WHEREAS, during a regular meetings held on August 11, 1999 the Board of County
Commissioners adopted the TRE program (Ordinance 047-1999) proposed by the Planning
Department; and
WHEREAS, the Department of Community Affairs (DCA) reviewed Ordinance 047-1999,
and its final order rejects the TRE program portion of 047-1999; and
WHEREAS, the new TRE language for the Monroe County Code provided in this
ordinance addresses DCA's concerns that the receiver site criteria should be more restrictive to
discourage development in inappropriate areas; and
WHEREAS, during a regular meetings held on April 12, 2000, the Planning Commission
considered and recommended Board approval of the proposed amendments to the Monroe County
Code; and
Transfer Off-Site: TRE Program
Page 2 of6
ORDINANCE # -2000
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Sec. 9.5-120.4 (b) ofthe Monroe County Code shall be amended and read as follows
(underlining is used to highlight language the BOCC adopted in Ordinance 47-1999,
while language that is underlined and bolded signifies new language to further
restrict the eligibility of receiver sites - as per DCA's recommendations while
language that is ALL IN CAPS and underlined signifies new language as per the
discussions at the Planning Commission meeting held on April 12, 2000.):
Sec. 9.5-120.4.
Type of development NOT affected.
The residential ROGO shall not apply to the development described
below:
(a) Redevelopment On-site: Redevelopment, rehabilitation or
replacement of any lawfully established residential dwelling unit or
space which does not increase the number of residential dwelling
units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement.
(b) Transfer Off-site: Transfer off-site shall consist of either the
demolition or a change of use from residential to non-residential of a
unit or space from a sender site and the development of a new unit on
a receiver site as indicated below.
a. Eli1?ibility of sender unit or space: A hotel room, mobile
home, recreational vehicle space, or dwelling unit that is:
i) in existence as of January 4, 1996; and
ii) accounted for in the hurricane evacuation model which
forms the basis ofROGO; and
iii) lawfully established or subject to a valid unexpired
State TRE agreement,
may be rebuilt in another part of the unincorporated
county subject to the criteria for redevelopment off-site.
(1) Criteria for redevelopment off-site: In order to redevelop off-
site, a receiver site must be evaluated for both its structural and
site conditions.
a. Transfer to a hotel: A hotel or hotel room may be
developed if the:
Transfer Off-Site: TRE Program
Page 3 of6
ORDINANCE # -2000
Initials
(i) sender unit or space is eligible and provided that it was
used as a hotel room or recreational vehicle space in
accordance with Sec. 9.5-4; and
(ii)receiver site meets all of the followin2 criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eligible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or 2reater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
b. Transfer to affordable housing: An affordable housing
unit may be developed if the:
(i) sender unit is eligible; and
(ii) receiver unit:
1) is an attached dwelling unit; and
2) meets the criteria for affordable housing pursuant
to Sees. 9.5-4(A-5) and 9.5-266; and
(iii)receiver site meets all of the followin2 criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
Transfer Off-Site: TRE Program
Page 4 of6
ORDINANCE # -2000
Initials
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eli2ible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or greater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
(2) Procedures for transfer off-site: A pre-application conference
and at a minimum, a minor conditional use permit shall be
required for both the sender site and the receiver site.
A sender unit or space shall be assigned a unique identifier
number that shall be used for tracking and monitoring by the
Planning Department. The unique identifier number shall be
itemized in the conditional use permits required for both the
sender and receiver sites.
No building permit shall be issued for the new unit on the
receiver site until one of the following conditions are met:
a. the unit is demolished as per an issued demolition permit
and a final inspection for the demolished unit or space has
been completed by the building department for the sender
site; or
b. the unit is removed pursuant to a development approval,
development order, or a development permit is issued and
a final inspection for the removed unit is completed by the
building department for the sender site.
Section 2.
If any section, subsection, sentence, clause, item, change or provIsIOn of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 3.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Transfer Off-Site: TRE Program
Page 5 of6
ORDINANCE # -2000
Initials
Section 4.
This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving this ordinance.
Section 5.
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 meeting of the Board held on the 18th day of Hay , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
not present
yes
yes
BY:
BY
Transfer Off-Site: TRE Program
Page 6 of6
ORDINANCE # -2000
Initials
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33OSO
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
June 6, 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. 031-2000 creating Section 2-541(e)(4), Monroe County Code, in order to
prohibit persons who design County construction projects or furnish specifications for
construction projects, goods or services from bidding on such projects, goods or services;
amending Section 2-541 (h), Monroe County Code, regarding historical and financial information
required from those submitting bids; eliminating certain exemptions or publicly traded entities for
required bidding information; providing that the County department soliciting bids or the OMB
Director must consider the historical, litigation and financial information received from those
submitting bids and recommend to the BOCC whether each bidder is responsible; providing that
bidders submitting false historical or financial information or omitting relevant information will
have their bids automatically rejected or contracts terminated; providing for severability;
providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; an~ providing an effective date.
Ordinance No. 033-2000 approving the request by Robert Robillard and Sam Stoia to
change the Official Land Use District Map (zoning) from urban residential mobile home (URM)
to urban residential (DR) for properties described as Mandalay Subdivision, Key Largo, located in
section 6, township 62 south, range 39 east, the northeasterly 325 feet of square 3 which runs 250
feet between First and Second Street, Monroe County, Florida, at approximately mile marker 97:
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on May 17, 2000. Please file for record.
Ordinance No. 034-2000 adopting amendments to Section 9.5-120.4(b) of the Monroe
County Code relating to the TRE (transfer of ROGO exemptions) Program for off-site
redevelopment.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on May 18, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
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Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
File
Municipal Code 031-2000
County Attorney
OMB 031-2000
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us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
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" panni!. . 2. 0 Restricted Delivery
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Tallahassee FL 32399-0250 I;] Express Mall
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secrelaly
Division of Adrninisttative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECfIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
,Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TarnpalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
June 9, 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
receipt of your letter dated June 6, 2000 and certified copies of Monroe County
Ordinance Nos. 031-2000,033-2000 and 034-2000, which were filed in this office on
June 8, 2000.
LC/mp
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Liz clottrhief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.n.us . E-Mail: election@mail.dos.statefl.us
DCA Final Order No. DCAOO-OR-230
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 034-2000
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuantto SS 380.05(6) and (11), Fla. Stat., and S 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 approves Monroe County Ordinance No. 034-2000 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 June 13,2000, the Department received for review Monroe County Ordinance No.
034-2000 which was adopted by the Monroe County Board of County Commissioners on May 18,
2000 ("Ord. 034-2000"). Ord. 034-2000 amends Section 9.5-120.4(b) of the County Code relating
to the TRE (Transfer ofROGO Exemptions) program for off-site redevelopment.
3. Section 1 of Ord. 034-2000 sets forth procedures and requirements relating to the
TRE (Transfer ofROGO Exemptions) program for off-site redevelopment. Section 2 ofOrd. 034-
2000 contains a severability provision. Section 3 ofOrd. 034-2000 contains a superseding provision
if any other ordinances or parts of ordinances are deemed in conflict with this ordinance. Section
DCA Final Order No. DCAOO-OR-230
4 of Ord. 034-2000 concerns filing the ordinance with the Florida Secretary of State Office, and
Section 5 regards the transmittal of the ordinance to the Department for review.
4. Ord. 034-2000 provides a mechanism for over-density transient facilities to transfer
units offsite which will result in and promote redevelopment without an increase in overall units.
Ord. 034-2000 promotes affordable housing in Monroe County in furtherance of Policy 101.14.2,
Policy 217.3.2, Goal 601, Objective 601.2, Objective 601.3 and Objective 601.6 of the County's
2010 Comprehensive Plan. Ord. 034-2000 provides criteria which ensures that when development
rights are transferred from one site to another, the receiver site will be no more environmentally
sensitive than the sending site. Additionally, the receiver site may not be located in a Velocity (V)
zone, a coastal barrier resource system or offshore island/conservation land; the receiver site must
be in close proximity to existing commercial centers; and the receiver site must receive an overall
ROGO score that is equal to or greater than the overall ROGO score of the sender site pursuant to
Sec. 9.5-122 of the County Code.
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 government in the Florida Keys
Area of Critical State Concern within 60 days of receipt by the Department. SS 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. 9 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla.
2
DCA Final Order No. DCAOO-OR-230
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. S 380.031 (8), Fla. Stat. (1999). The regulations
adopted by Ord. 034-2000 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 oj Community Affairs, 21 F .A.L.R. 1902 (Dec. 4, 1998),
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. S 380.0552(7), Fla. Stat. (1999).
5. The Department has reviewed all provisions of Ord. 034-2000 for consistency with
the Principles. Ord. 034-2000 strengthens local government's capabilities for managing land use and
development under Principle (a). The criteria for the receiving site is a mechanism which protects
shoreline and marine resources pursuant to Principle (b) and protects upland resources such as
hammocks by guiding development to less sensitive sites in accordance with Principle (c). Ord.034-
2000 furthers Principle (d), (h) and (k) because it will promote redevelopment in close proximity to
established commercial centers utilizing existing infrastructure and avoids the Coastal High Hazard
Zone, off shore island, and conservation areas. Ord. 34-2000 furthers Principle (j) by promoting the
availability of affordable housing. Accordingly, the Department has determined that Ord. 034-2000
is consistent with the Principles as a whole. S 380.0552(7), Fla. Stat. (1999).
3
DCA Final Order No. DCAOO-OR-230
WHEREFORE, IT IS ORDERED that Ord. 034-2000 is found to be consistent with the
Principles found at S 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.
OMAS BECK, DIRECTOR
Ivision 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 MAY BE REPRESENTED BY COUNSEL OR BY A
QUALIFIED REPRESENT A TIVE, 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 ST A TEMENT
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
4
DCA Final Order No. DCAOO-OR-230
ACTION, THEN YOU MA Y FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE
HEARING BEFORE AN ADMINISTRATIVE LA W 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 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 06.201 (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.
5
DCA Final Order No. DCAOO-OR-230
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 anporrect copies have been furnished to the
persons listed below, by the method indicated, this J~ay of Jul 2000.
Bv 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
6
Growth Manal!:ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Shirley Freeman, Dist. 3
Mayor Pro Tern George Neugent, Dist. 2
Commissioner Wilhelmina Harvey, Dist. 1
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
August 21, 2000
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Municipal Code Corporation
Supplement Department
1700 Capitol Circle, SW
Tallahassee, FL 32310
ATIN: Ms. Evelyn Jefferson
RE: Monroe County Ordinance No. 034-2000,
Amendments to Section 9.5-120.4(b)
Dear Ms. Jefferson:
Enclosed is a copy of Monroe County Ordinance 034-2000 with amendments to Section
9.5-120.4(b) of the Monroe County Code relating to the TRE (Transfer of RaGa
Exemptions) Program for off-site redevelopment.
This ordinance was adopted by the Monroe County Board of County Commissioners on
May 18,2000 and was transmitted to the Department of Community Mfairs for review
on June 9, 2000. We received confmnation from DCA that Final Order DCAOO-OR-230,
dated July 19, 2000 approved the ordinance and that it became effective on August 18,
2000.
I am forwarding this ordinance and its corresponding Land Development Regulations to
you for incorporation into the Monroe County Code. If you have any questions, please
call me at (305) 289-2517. Thank you for your assistance.
Sincerely,
[1l0~JtlDJc! li,(
-......,
Colleen Gardner, Executive Assistant
Growth Management Division
Enclosure
cc: Board of County Commissioners wi 0 encl.
Danny L. Kolhage, Clerk w/o encl.
James L. Roberts, County Administrator wi 0 encl.
James T. Hendrick, County Attorney w/o encl.
Timothy J. McGarry, Director of Growth Management wi 0 encl.
K. Marlene Conaway, Director of Planning wi 0 encl.
Jean Tumminia, Mapping Coordinator wi 0 encl.
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