Ordinance 012-2006
ORDINANCE NO. 012-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPTANCE OF APPLICATIONS FOR ALLOCATION OF
BUILDING PERMITS UNDER THE RESIDENTIAL RATE OF
GROWTH ORDINANCE (ROGO) UNTIL LAND
DEVELOPMENT REGULATIONS TO IMPLEMENT GOAL 105
OF THE 2010 COMPREHENSIVE PLAN, THE TIER OVERLAY
SYSTEM AND THE TIER OVERLAY DISTRICT MAPS ARE IN
EFFECT OR UNTIL JULY 14, 2006, WHICH BEGINS A ROGO
QUARTER, WHICHEVER COMES FIRST.
WHEREAS, the Momoe County Board of County Commissioners, during seven
public hearings held in December 2004, January, February, March, April, May, and June
2005, reviewed and considered the proposed amendments to utilize the Tier overlay maps
as the basis for the ROGO point system, considered staff recommendations and public
comments; and
WHEREAS, the Momoe County Board of County Commissioners makes the
following Findings of Fact:
1. The Board of County Commissioners directed staff to prepare text and map
amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include Tier Overlay
Map designations in accordance with Goal 105 and revisions to ROGO based on the Tier
system utilizing a positive approach that predominately relies on land dedication and
aggregation.
2. Goal 105 provides a framework for future development and land acquisition
for the next 20 or more years, called the "Tier System", that considers the carrying
capacity of the Florida Keys, reduces sprawl and promotes sustainability.
3. The designation of Tiers will be implemented through an overlay of the
County's Land Use District Map, that will be referred to as the "Tier Overlay District
Map" in the County Code.
4. The adoption and amendments to the Tier Overlay District Map will be in
accordance with procedures for amending the Land Development Regulations in Section
9.5-511, Momoe County Code.
5. The utilization of the moratorium device as a temporary measur~ to facilitate
government decision making, study and adoption of land development regulations is a
legitimate government tool.
Page 1 of3
6. The purpose of this Interim Development Ordinance is to allow the Growth
Management Division Staff to implement an internal system in preparation for the
adoption of a new ROGO scoring system.
7. The implementation of a new ROGO scoring system will require the rescoring
of all ROGO applications currently in the system which have not received an allocation
by the effective date of the new scoring system.
8. There are currently approximately 600 applications in the existing ROGO
system that have not received an allocation.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The effective date of this Interim Development Ordinance shall be March 15,
2006.
Section 2. Commencing on the effective date of this Ordinance, the Monroe County
Growth Management Division shall defer acceptance of applications for allocation of
building permits under the Residential Rate of Growth Ordinance (ROGO) (Monroe
County Code of Ordinances, Section 9.5-120, et. seq.).
Section 3. Any ROGO application with a submittal date of March 14, 2006 or earlier
shall be exempt from this Interim Development Ordinance.
Section 4. Pursuant to its lawful authority and the pending legislation doctrine as set
forth in Smith vs. City of Clearwater, 383 So 2d 681 (Fla. 2d DCA, 1980), the Board of
County Commissioners hereby establishes the interim development regulations set forth
in this Ordinance, which shall remain in full force and effect until the Land Development
Regulations to implement Goal 105 of the 2010 Comprehensive Plan, the Tier Overlay
System and the Tier Overlay District Maps are in effect or until the ROGO Quarter
beginning July 14,2006, whichever comes first.
Section 5. If any section, subsection, sentence, clause, item, charge or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 6. All ordinance or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 7. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida.
Page 2 of3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regulameeting held on the 15thdayof March , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Not Present
Yes
Yes
Yes
Not Present
BOARD OF COUNTY COMMISSIONERS
OF MONROE Corr,;' FLORIDA
BY 'f\
MAYOR
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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
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
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
March 23, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7003 3110 0003 4621 5376
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 012-2006 adopting an Interim
Development Ordinance deferring the acceptance of applications for allocation of building permits
under the Residential Rate of Growth Ordinance (ROGO) until Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan, the Tier Overlay System and the Tier
Overlay District Maps are in effect or until July 14, 2006, which begins a ROGO quarter,
whichever comes first.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on March 15, 2006. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File v'
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
March 28, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated March 23, 2006 and certified copy of Monroe County Ordinance
No. 012-2006, which was filed in this office on March 27,2006.
Sincerely,
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Liz Cloud
Program Administrator
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OSTATE 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.fl.us
OLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487 -2l80. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State •
DIVISION OF LIBRARY AND INFORMATION SERVICES
•
March 28, 2006
- Honorable Danny-L:Kolhage- - - —- - --- ---
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
U.S. Postal Service,.
Attention: Isabel C. DeSantis,Deputy Clerk M1 CERTIFIED MAILTM RECEIPT
rn (Domestic Mail Only;No Insurance Coverage Provided)
Ln
For delivery information visit our website at www.usps.come
Dear Mr. Kolhage: .--1
ti leFFIJCIIAL
Pursuant to the provisions of Section 125.66, Florida =- Postage
our letter dated March 'n 9nn6 and certifie, m ( 4,- Ft, tie.
y Certified Fee �q 0 if.. .c.'
��,No. 012-2006, which was ' oRetum Recta t Fee
Postmark I,
SENDER: COMPLETE THIS SE. (Endorsement Required) �� HereZn
' ■ Complete items 1,2,and 3.Alsi ,�9 (E d rrseee ent eq irred) MEN �a1\ Q
1' item 4 if Restricted Delivery is d r-4 ',
II,Print your name and address on m Total Postage&Fees . a �,i
so.that we can return the card t� m �' l a�
• ■ Attach this card to the back oft O Se tTo
or on the front if space permits), o is. Liz Cloud, Program Admin.
N Street A t.No.;
1. Article Addressed to: • ornib.ronough Street
ate,,BF44
. Ms. Liz Cloud, Frog: City,
allahassee FL 32399 Ord.012-210.
R.A.Gray Building , PS Form 3800,June 2002 See Reverse for Instructions _ _
500 S Bronough Street
LC/mp Tallahassee FL 32399-0250 EARED.
3. Serve e(Ordinance 012-2006) XBltertifedMail CI Express Mail
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- ❑Registered ❑Retum.flecelpt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
•
2. Article Number
(Transfer from aervlce labeq. 7003 3110 0003 4 6 21 5 3 7 6
PS Form 3811„February 2004 Domestic Return Receipt, 10259s-02-M-1sao
•
' ❑STATE 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.fl.us
❑LEGISLATIVE LIBRARY SERVICE ❑RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850)488-2812• FAX:(850)488-9879 (850)487-21800 FAX:(850)413-7224 (850)245-6700•FAX:(850)488-4894
❑ADMINISTRATIVE CODE AND WEEKLY
(850)245-6270•FAX:(850)245-6282
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DCA Final Order No.: DCA06-0R-155
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 012-2006
....
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 9 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005), 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
I. 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 May 26, 2006, the Department received for review Monroe County Ordinance
No. 012-2006 ("Ord. 012-2006").
3. The final order for this Ordinance must be signed by June 23,2006.
4. The Ordinance delays the acceptance of any applications for allocation of
building permits while the land development regulations to implement the Tier System are being
advertised.
5. Ordinance 012-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LAW
6. 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. 9 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005).
DCA Final Order No.: DCA06-0R-155
7. Monroe County is a local governrnent within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. S 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 012-2006 are land development regulations.
9. 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), ajJ'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.
10. Ord. 012-2006 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local governrnent is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
11. Ord. 012-2006 is consistent with the Principles for Guiding Development as a
whole.
12. Ord. 012-2006 is consistent with the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ord. 012-2006 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.
2
DCA Final Order No.: DCA06-0R-lSS
CY . UBER
State PI . g 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 ADMINISTRATNE
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
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATNE 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.
3
DCA Final Order No.: DCA06-0R-155
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 28-106.201(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 correct copies have been furnished
to the persons listed below by the method indicated this :7:t day of June, 2006.
By U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA06-0R-155
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Ty Syrnroski
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
5