Ordinance 009-2006
ORDINANCE NO.on9:+-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO IMPLEMENT
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER
OVERLAY SYSTEM BY REVISING SECTIONS 9.5-120 THROUGH 9.5-
123 AND SECTIONS 9.5-125 THROUGH 9.5-140 [RATE OF GROWTH
ORDINANCE (ROGO)] AND REVISING SECTION 9.5-266
[AFFORDABLE AND EMPLOYEE HOUSING]; PROVIDING
EVALUATION CRITERIA, POINT SYSTEM, AND PROCEDURES
UTILIZING THE TIER OVERLAY AS THE BASIS FOR THE ROGO
SYSTEM; PROVIDING SPECIAL EVALUATION CRITERIA, POINT
SYSTEM, AND PROCEDURES FOR BIG PINE AND NO NAME KEY
BASED ON HABITAT CONSERVATION PLAN AND MASTER PLAN
FOR BIG PINE AND NO NAME KEY; CREATING AN APPEAL
PROCESS FOR NROGO; LIMITING AFFORDABLE HOUSING
ALLOCATIONS TO TIER III AREAS; PROVIDING FOR A 99 YEAR
RESTRICTIVE COVENANT FOR AFFORDABLE AND EMPLOYEE
HOUSING; PROVIDING AUTHORITY FOR AN ELIGIBLE
GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY TO
ADMINISTER ELIGIBILITY AND COMPLIANCE REQUIREMENTS OF
AFFORDABLE HOUSING REGULATIONS ON BEHALF OF THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT;
PROVIDING FOR SPECIFIC VESTING PROVISIONS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during eight public
hearings held in December 2004, January, February, March, April, May, and June 2005, and
March 2006, reviewed and considered the proposed amendments to utilize the Tier overlay maps
as the basis for the ROGO and NROGO point systems, modifications to Administrative Relief
provisions and amendments to the affordable and employee housing sections of the Land
Development Regulations (LDRs) limiting allocations to Tier III applications and requiring a 99
year restrictive covenant as a condition of a ROGO allocation for affordable and employee
housing; and
WHEREAS, the Monroe County 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 and
NROGO based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and
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WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. 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.
2. 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.
3. 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, Monroe
County Code.
4. The Work Program of Comprehensive Plan Policy 101.2.13 directs the County to
ensure that affordable work force housing remain affordable in perpetuity for future generations.
5. The Planning and Environmental Resources Department prepared draft amendments
to Chapter 9.5 (Land Development Regulations), Monroe County Code, in response to the
direction provided by the Board of County Commissioners and consistent with proposed
amendments to the Comprehensive Plan.
6. The Planning Commission, after hearing comments at four public hearings, made
changes to the staff draft and recommended approval of the amendments to the Land
Development Regulations to the Board of County Commissioners on November 3, 2004.
7. The Planning and Environmental Resources Department made minor changes to the
proposed draft based on direction of the Planning Commission and public testimony at the public
hearing before the Board of County Commissioners in December 2004, including minor text
revisions to ensure readability and correct typographical errors or omissions in the text.
8. Subsequent to the adoption of amendments to the Comprehensive Plan by the Board
of County Commissioners on September 22, 2005, the Planning and Environmental Resources
Department prepared further amendments to the draft ordinance to ensure consistency with the
adopted plan amendments.
9. The ROGO system proposed by this ordinance greatly simplifies the scoring system
for ROGO.
10. This ROGO system, based on the Tier system, is a positive system, awarding the
least number of points for development applications in the most environmentally sensitive areas
(Tier I) and the most positive points in areas where development is to be encouraged (Tier III).
11. The proposed ROGO system calls for awarding additional points primarily through
aggregation of lots or the dedication of lots to the County for conservation purposes in Tier I and
Tier II (Big Pine Key and No Name Key) and for affordable housing in Tier III.
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12. A separate point system has been included for Big Pine Key and No Name Key that
follows the requirements of the Habitat Conservation Plan and the Livable CommuniKeys
Master Plan for the Islands.
13. Major changes are proposed in this ordinance for affordable housing to assure it
remains affordable housing for the workforce, long term by requiring that all affordable and
employee housing projects.
14. The proposed ordinance requires that a 99-year restrictive covenant be placed on
affordable/employee housing to be kept the projects affordable future generations.
15. The 20% market rate housing permitted in employee housing projects will qualify for
additional points in ROGO, to encourage mixed income projects.
16. The Board of County Commissioners reviewed the proposed amendments to the
Land Development Regulations, recommended by the Planning Commission and the Planning
and Environmental Resources Department.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010 Comprehensive Plan,
particularly Goals 105 and 601 and the recently adopted set of comprehensive plan amendments
to effectuate the Tier system;
Section 2. Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140
(Division 1.5 Rate of Growth Ordinance), Monroe County Code, are hereby amended to read as
follows:
"DIVISION 1.5 RATE OF GROWTH ORDINANCE
Sec. 9.5-120. Residential rate of growth ordinance (ROGO).
(a) Purpose and intent: The purposes and intent of residential ROGO are:
(1) To facilitate implementation of goals, objectives and policies set forth in
the comprehensive plan relating to protection of residents, visitors and
property in the county from natural disasters, specifically including
hurricanes;
(2) To limit the annual amount and rate of residential development
commensurate with the county's ability to maintain a reasonable and safe
hurricane evacuation clearance time;
(3) To regulate the rate and location of growth in order to further deter
deterioration of public facility service levels, environmental degradation
and potential land use conflicts;
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(4) To allocate the limited number of dwelling units available annually
hereunder, based upon the goals, objectives and policies set forth in the
comprehensive plan; and,
(5) To implement Goal 105 ofthe comprehensive plan.
(b) Definitions: The words or phrases used in this division shall have the
meanings prescribed in this chapter, except as otherwise indicated as follows:
Allocation period means a defined period of time within which applications for
the residential ROGO allocation will be accepted and processed.
Annual allocation period means the twelve-month period beginning on July 13,
1992, (the effective date of the original dwelling unit allocation ordinance), and
subsequent one-year periods.
Annual residential ROGO allocation means the maximum number of dwelling
units for which building permits may be issued during an annual allocation period.
Buildable lot or parcel means the lot or parcel must contain a minimum of two-
thousand (2,000) square feet of upland, including any disturbed wetlands that can be
filled pursuant to this chapter.
Controlling date means the date and time a ROGO application is submitted. This
date shall be used to determine the annual anniversary date for receipt of a perseverance
point(s) and shall determine precedence when ROGO applications receive identical
ranking scores. A new controlling date shall be established based upon the re-submittal
date and time of any withdrawn or revised application, except pursuant to section 9.5-
122.1 (h).
Lawfully Established for ROGOINROGO exemption means a unit or floor area
has received a permit or other official approval from the Division of Growth
Management for the units and/or floor area
Quarterly allocation period means the three-month period beginning on July 13,
1992, or such other date as the board may specify, and successive three-month periods.
Quarterly residential ROGO allocation means the maximum number of dwelling
units for which building permits may be issued in a quarterly allocation period.
Residential dwelling unit means a dwelling unit as defined in section 9.5-4 of the
Monroe County Code, and expressly includes the following other terms also specifically
defined in section 9.5-4: lawfully established hotel rooms, campground spaces, mobile
homes, transient residential units, institutional residential units (except hospital rooms)
and live-aboards.
Residential ROGO allocation means the maximum number of dwelling units for
which building permits may be issued in a given time period.
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Residential ROGO allocation award means the approval of a residential ROGO
application for the issuance of a building permit.
ROGO application means the residential ROGO application submitted by
applicants seeking allocation awards.
Sec. 9.5-120.1. General provisions.
(a) Residential ROGO allocation award required: No building permit shall be
issued for a new dwelling unit unless the dwelling unit has received a residential dwelling
unit allocation award, or is determined to be exempt as provided below.
(b) Yearly review and monitoring: As required by the comprehensive plan, as
requested by the planning commission or the board, or as otherwise necessary, the
planning director shall consider the rate, amount, location, and ratio of market rate to
affordable housing residential dwelling units available for development in the county.
The planning director shall also monitor the effects of such development and determine
the conformity of such development with the comprehensive plan and this chapter. This
review, in whole or in part, may form the basis for recommendations by the planning
director or the planning commission to the board for action to repeal, amend or modify
the ROGO allocation system.
(c) Affected area: The ROGO allocation system shall apply within the
unincorporated area of Monroe County, Florida outside of mainland Monroe County,
which, for purposes hereof, has been divided into subareas as follows:
(1) Upper Keys: The unincorporated area of Monroe County north of
Tavernier Creek and corporate limits of the Village of Islamorada
(approximately mile marker 90).
(2) Lower Keys: The unincorporated area of Monroe County from the
corporate limits of the Village of Islamorada (approximately mile marker
72) south to the corporate limits of the City of Key West at Cow Key
Bridge on U.S. Highway 1 (approximately mile marker 4), excluding Big
Pine Key and No Name Key.
(3) Big Pine Key and No Name Key: The islands of Big Pine Key and No
Name Key within unincorporated Monroe County.
Sec. 9.5-120.2. Type of development affected.
The residential ROGO shall apply to all residential dwelling units for which a
building permit is required by this chapter and for which building permits have not been
issued prior to July 13, 1992, except as otherwise provided herein.
Sec. 9.5-120.3. Type of development not affected.
The residential ROGO shall not apply to the development described below:
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(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.
(I) Eligibility of sender unit or space: A hotel room, mobile home, dwelling
unit, or recreational vehicle/campground space that is lawfully established.
(2) 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:
(i) Sender unit is eligible and provided that it was used as a
hotel room in accordance with section 9.5-4; and
(ii) Receiver site meets all of the following criteria:
(1) Is located in the same ROGO subarea as-the sender
site; and
(2) Is located within a Tier III designated area or,
within a Tier III-A (Special Protection Area)
designated area and does not propose the clearing of
any portion of an upland native habitat patch of one
(1) acre or greater in area.
b. Transfer to affordable housing: An affordable housing unit may be
developed if the receiver unit meets all ofthe following criteria:
(i) The proposed unit is an affordable house pursuant to
sections 9.5-4(A-5) and 9.5-266; and
(ii) Is located in the same ROGO subarea as the sender site;
and
(iii) Is located in a Tier III designated area or, within a Tier IlI-
A (Special Protection Area) designated area and does not
propose the clearing of any portion of an upland native
habitat patch of one (1) acre or greater in area or is located
in a Velocity (V) zone_
(3) Procedures for transfer off-site:
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a. A pre-application conference and at a mlmmum, a minor
conditional use permit, shall be required for both the sender site
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and the receiver site. The minor conditional use for the transfer
shall be reviewed pursuant to criteria in section 9.5-120.3 and not
criteria in section 9.5-65. The sender site shall not require posting.
b. A sender unit shall be assigned a unique identifier number that
shall be used for tracking and monitoring by the planning
department. Multiple units to be transferred from a sender site
may be authorized under a single conditional use approval.
c. The unique identifier number shall be itemized in the conditional
use permits required for both the sender and receiver sites.
(4) Conditions for Issuance of Permit: No building permit shall be issued for
the new unit on the receiver site until one of the following conditions is
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.
c. Complete restoration ofthe sender site consistent with an approved
restoration/revegetation plan.
(c)
ROGO.
Nonresidential use: Nonresidential uses are not affected by residential
(d) Development not increasing hurricane evacuation times: Any applicant
that can demonstrate with a traffic study acceptable to Monroe County traffic engineers
that their proposed development will not increase hurricane evacuation times. All
residential dwelling units to be located in the Ocean Reef planned development are
deemed not to increase hurricane evacuation times.
(e) Public/governmental uses: Public/governmental uses, including capital
improvements and public buildings, as are defined in section 9.5-4.
(f) Other nonresidential development: Any other use, development, proj ect,
structure, building, fence, sign or activity, which does not result in a new residential
dwelling unit.
(g) Vested rights: Landowners with a valid, unexpired development of
regional impact approval granted by the county prior to July 13, 1992, shall be exempt
from the residential ROGO system.
Sec. 9.5-120.4. Moratorium on new transient units.
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New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces, shall not be eligible for residential ROGO
allocations until December 31, 2006.
Sec. 9.5-121. Reserved.
Sec. 9.5-122. Residential ROGO allocations.
(a) Number of available annual residential ROGO allocations: The number of
market rate residential ROGO allocations available in each subarea of unincorporated
Monroe County and the total number of affordable residential ROGO allocations
available county-wide on a yearly basis shall be as follows:
Subarea
Upper Keys
Lower Keys
Big Pine and No Name Keys
Number of Dwelling Units
61
57
~
Total Market Rate
126
Affordable dwelling units
Very Low, Low, and Median Incomes
Moderate Income
36*
35*
71
Total units a year
197
*Includes one (1) for Big Pine Key and No Name Key.
(1) Yearly residential ROGO allocation ratio: Each subarea shall have its
number of market rate residential ROGO allocations available per ROGO
year. Affordable ROGO allocations shall be available for county-wide
allocation except for Big Pine Key and No Name Key. The annual
allocations for Big Pine Key and No Name Key shall be eight (8) market
rate and two (2) affordable dwelling units.
(2) Quarterly residential ROGO allocation ratio: Each subarea shall have its
number of market rate housing residential ROGO allocations available per
ROGO quarter determined by the following formula:
a. 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).
b. Affordable housing residential ROGO for all four (4) ROGO
quarters including the two available for Big Pine Key shall be
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made available at the beginning of the first quarter for a ROGO
year.
(3) Ratio of affordable housing ROGO allocations to market rate ROGO
allocations: Prior to October of each year, the board of county
commissioners may adopt a resolution changing the ratio of affordable
housing to market rate ROGO allocations based upon the
recommendations of the planning director and planning commission
arising from the annual review of ROGO. This ratio may be amended
pursuant to the following:
a. The percentage of affordable housing shall never be less than
twenty (20) percent of the total ROGO allocations available or the
minimum established by rule of the Florida Administration
Commission, whichever is greater.
b. The increase or decrease in the percentage of affordable housing of
the total ROGO allocations available shall not exceed fifty (50)
percent of the previous year's ROGO allocations to market rate
and affordable housing.
(4) Ratio of very low income, low income, and median income allocations to
moderate income allocations: The Planning Commission may amend
these proportions for affordable housing during any ROGO quarter.
(5) Big Pine Key and No Name Key: All allocation awards on Big Pine Key
and No Name Key are subject to the provisions of the Incidental Take
Permit and the Habitat Conservation Plan for the Florida Key Deer and
other covered species, which may affect ROGO allocations under this
chapter.
(6) Limit on Number of Allocation Awards in Tier I: Except for Big Pine Key
and No Name Key, the annual number of allocation awards in Tier I shall
be limited to no more than three (3) in the Upper Keys and three (3) in the
Lower Keys.
(b) Reservation of affordable housing allocations: Notwithstanding the
provisions of section 9.5-122.2 for awarding of affordable housing allocations, the board
of county commissioners may reserve by resolution some or all of the available
affordable housing allocations for award to certain sponsoring agencies or specific
housing programs consistent with all other requirements of this chapter. Building permits
for these reserved allocations shall be picked up within six (6) months of the effective
reservation date, unless otherwise authorized by the board of county commissioners in its
resolution. The board of county commissioners may at its discretion place conditions on
any reservation as it deems appropriate. These reservations may be authorized by the
board of county commissioners for:
(1) The Monroe County Housing Authority, nonprofit community
development organization(s) pursuant to section 9.5-266(e), and other
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public entities established to provide affordable housing by entering into a
memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a
federal/state housing financial assistance or tax credit program or
receiving some form of direct financial assistance from the county upon
written request from project sponsor and approved by resolution of the
board of county commissioners;
(3) Specific affordable or employee housing projects sponsored by non-
governmental not-for-profit organizations above upon written request
from the project sponsor and approved by resolution of the board of
county commissioners;
(4) Specific affordable or employee housing programs sponsored by the
county pursuant to procedures and guidelines as may be established from
time to time by the board of county commissioners;
(5) Specific affordable or employee housing projects by any entity,
organization, or person, contingent upon transfer of ownership of the
underlying land for the affordable housing project to the county, a not-for-
profit community development organization(s), or other entity approved
by the board of county commissioners, upon written request from the
project sponsor and approved by resolution of the board of county
commISSIOners; or
(6) Rental employee housing projects, situated on the same parcel of land as
the non-residential workplace for the tenants of these projects, upon
written request from the property owner and approved by resolution of the
board of county commissioners.
(c) Affordable housing allocation awards and eligibility:
(1) The definition of affordable housing shall be as specified in sections 9.5-4
and 9.5-266.
(2) Any portion of the annual affordable housing allocation not used for
affordable housing at the end of a RaGa year shall be made available for
affordable housing for the next RaGa year.
(3) Any portion of the residential RaGa allocations not used shall be retained
and be made available for affordable housing from RaGa year to RaGa
year.
(4) No affordable housing allocation shall be awarded to applicants located
within a Tier I designated area, within a V-zone on the county's flood
insurance rating map, within a Tier II designated area on Big Pine Key and
No Name Key or, within a Tier III-A (Special Protection Area) if clearing
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is proposed for any portion of an upland native habitat patch of a one (1)
acre or greater in area.
(5) Only affordable housing allocations for Big Pine Key may be used on Big
Pine Key. No affordable housing allocation may be used on No Name
Key.
(d) Residential dwelling unit allocation required: The county shall issue no
building permit for a residential dwelling unit unless such dwelling unit:
(1) Has a residential dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this
chapter or is deemed vested pursuant to section 9.5-120.3.
Section 9.5-122.1 Application procedures for residential ROGO.
(a) Application for allocation: In each quarterly allocation period, the
department of planning and environmental resources shall accept applications to enter the
residential ROGO system on forms prescribed by the planning director. Except for
allocations to be reserved and awarded under section 9.5-122 (b), the ROGO application
form must be accompanied by an approved building permit application and a
nonrefundable processing fee in order to be considered in the current allocation period.
The planning director shall review the ROGO application for completeness. If the
application is determined to be incomplete, the planning director shall reject the ROGO
application and notify the applicant of such rejection, and the reasons therefore, within
ten (10) working days. The application shall be assigned a controlling date that reflects
the time and date of its submittal unless the application is determined to be incomplete.
If the application is rejected then the new controlling date shall be assigned when a
complete application is submitted.
(b) Fee for review of application: Each ROGO application shall be
accompanied by a nonrefundable processing fee as may be established by resolution of
the board. Additional fees are not required for successive review of the same ROGO
application unless the application is withdrawn and resubmitted.
( c) Compliance with other requirements: The ROGO application shall
indicate whether the applicant for a residential dwelling unit allocation has satisfied and
complied or not with all county, state and federal requirements otherwise imposed by
Monroe County regarding conditions precedent to issuance of a building permit and shall
require that the applicant certify to such compliance.
(d) Non-county time periods: The county shall develop necessary
administrative procedures and, if necessary, enter into agreements with other
jurisdictional entities which impose requirements as a condition precedent to
development in the county, to ensure that such non-county approvals, certifications
and/or permits are not lost due to the increased time requirements necessary for the
county to process and evaluate residential dwelling unit applications and issue allocation
awards. The county may permit evidence of compliance with the requirements of other
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jurisdictional entities to be demonstrated by "coordinating letters" in lieu of approvals or
permits.
( e) Limitation on number of applications:
(1) An individual entity or organization may submit only one (1) ROGO
application per unit in each quarterly allocation period.
(3) There shall be no limit on the number of separate parcels for which ROGO
applications may be submitted by an individual, entity or organization.
(4) A ROGO application for a given parcel shall not be for more dwelling
units than are permitted by this chapter or the comprehensive plan.
(f) Expiration of allocation award: Except as provided for in this division, an
allocation award shall expire when its corresponding building permit is not picked up
after sixty (60) days of notification by certified mail ofthe award or, after issuance of the
building permit, upon expiration ofthe permit pursuant to chapter 6.0.
(g) Borrowing from future housing allocations:
(1) The planning commission may award additional units from future annual
dwelling unit allocations to fully grant an application for residential units
in a project if such an application receives an allocation award for some,
but not all, of the units requested.
(2) The board of county commissioners in approving affordable housing
allocations pursuant to section 9.5-122(b) may reserve and award
additional units from future annual dwelling unit allocations if the number
of available allocations is insufficient to meet specific project needs.
(3) The planning commission shall not reduce any future market rate quarterly
allocation by more than twenty (20) percent and shall not apply these
reductions to more than the next five (5) annual allocations or twenty (20)
quarterly allocations.
(4) The board of county comnnSSlOners, upon recommendation of the
planning commission, may make available for award up to one-hundred
(100) percent of the affordable housing allocations available over the next
five annual allocations or twenty (20) quarterly allocations.
(h) Revisions of ROGO applications and awards:
(1) An applicant may elect to revise a ROGO application to increase the
competitive points in the application without prejudice or change in the
controlling date, if a revision is submitted on a form approved by the
planning director to the planning and environmental resources department
no later than thirty (30) days following the planning commission approval
of the previous ROGO rankings. Any such revision shall not involve
changes to the approved building permit application. All other
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applications that are withdrawn and resubmitted that do not increase the
competitive points or involve revisions to the approved building permit
application shall be considered "new", requiring payment of appropriate
fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a
building permit, but prior to receipt of a certificate of occupancy, no
revisions shall be made to any aspect of the proposed residential
development which formed the basis for the evaluation review,
determination of points and allocation rankings, unless such revision
would have the effect of increasing the points awarded.
(i) Clarification of application data:
(1) At any time during the dwelling unit allocation review and approval
process, the applicant may be requested by the director of planning or the
planning commission, to submit additional information to clarify the
relationship of the allocation application, or any elements thereof, to the
evaluation criteria. If such a request is made, the director of planning shall
identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the director of planning for such additional
information, the applicant may provide such information; or the applicant
may decline to provide such information and allow the allocation
application to be evaluated as submitted.
Sec. 9.5-122.2. Evaluation procedures for residential dwelling unit allocation.
(a) 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 building permits for new residential units issued which
expired pursuant to chapter 6.0.
(2) The number of dwelling unit allocation awards that expired prior to
issuance of a corresponding building permit and which were awarded in
the current annual allocation period;
(3) The number of residential RaGa allocation awards available which were
not allocated during the quarterly allocation period in the current annual
allocation period;
(4) The number of residential RaGa 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 section 9.5-122.2(b)(2) or which were granted to
applicants via either the appeals process, administrative relief or a
beneficial use determination;
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(5) Residential ROGO allocations vested during the preceding quarter;
(6) Any other modifications required or provided for by the comprehensive
plan or an agreement pursuant to chapter 380, Florida Statutes;
(7) The receipt or transfer of affordable housing allocations from or to
municipalities pursuant to this chapter;
(8) Allocations reserved and/or awarded by the board of county
commissioners pursuant to section 9.5-122 (c).
(b) Initial evaluation of allocation applications: Upon receipt of completed
allocation applications, the director of planning shall evaluate the allocation applications
for market rate housing pursuant to the evaluation criteria set forth in section 9.5-122.4.
(1) Except for affordable housing, the director of planning shall classify each
allocation application by subarea.
(2) On the evaluation cover page, for each allocation application, the director
of planning shall indicate the subarea and the number of dwelling units for
which allocation awards are being requested. Market rate allocation
applications shall be aggregated by subarea. Affordable housing allocation
applications shall be aggregated on a county-wide basis.
(3) Within thirty (30) days of the conclusion of a quarterly allocation period,
unless otherwise extended by the board, the director of planning shall for
market rate allocations:
a. Complete the evaluation of all allocation applications submitted
during the relevant allocation period;
b. Total the number of dwelling units by subarea for which allocation
applications have been received; and
c. Rank the allocation applications in descending order from the
highest evaluation point total to the lowest.
(4) Within thirty (30) days of the conclusion of a quarterly allocation period,
unless otherwise extended by the board, the director of planning shall for
affordable housing allocations:
a. Complete review of all allocation applications to confirm
eligibility of applicants during the relevant allocation period;
b. Total the number of dwelling units for unincorporated Monroe
County for which affordable housing allocation applications have
been received; and,
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c. List the affordable housing allocation applications in descending
order of controlling date from earliest to latest date.
(5) If the number of dwelling units represented by the allocation applications
for market rate housing, by subarea, is equal to or less than the quarterly
allocation, the director of planning may make a recommendation to the
planning commission that all of the allocation applications for that subarea
be granted allocation awards.
(6) If the number of dwelling units represented by the allocation applications
for affordable housing is equal to or less than the available allocation, the
director of planning may make a recommendation to the planning
commission that all of the allocation applications be granted allocation
awards.
(7) If the number of dwelling units represented by the allocation applications
for market rate housing, by subarea, is greater than the quarterly
allocation, the director of planning shall submit an evaluation report to the
planning commission indicating the evaluation rankings and identifying
those allocation applications whose ranking puts them within the quarterly
allocation, and those allocation applications whose ranking puts them
outside ofthe quarterly allocation.
(8) If the number of dwelling units represented by the allocation applications
for affordable housing is greater than the total available allocation, the
director of planning shall submit a report to the planning commission
indicating the applications in order of their control dates and identifying
those allocation applications for which sufficient allocations exist and
those allocation applications whose ranking by controlling date puts them
outside the available allocation.
(c) Public hearings: Upon completion of the evaluation ranking report and/or
recommendation, the director of planning shall schedule and notice a public hearing by
the planning commission pursuant to otherwise applicable regulations.
(l) At or prior to the public hearing, the planning commission may request,
and the director of planning shall supply, copies of the allocation
applications and the director of planning evaluation worksheets.
(2) Upon review of the market rate allocation applications and evaluation
worksheets, the planning commission may adjust the points awarded for
meeting a particular criteria, adjust the rankings as a result of changes in
points awarded, or make such other changes as may be appropriate and
justified.
(3) The basis for any planning commission changes in the scoring or ranking
of market rate applications shall be specified in the form of a motion to
adopt the allocation rankings and may include the following:
a.
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An error in the designation ofthe applicable subarea.
Page 15 of29
b. A mistake in the calculation of dedicated or aggregated lots/land.
c. A mistake in assignment of the Tier map designation in the
application. Such a mistake in reading the Tier designation in
applying points for the application, any change to the Tier map
must go through the procedures outlined in this Chapter.
d. Any other administrative error or omission that may cause the
application to be incorrectly scored.
(4) The public, including, but not limited to, applicants for allocation awards,
shall be permitted to testify at the public hearing. Applicants may offer
testimony about their applications or other applications; however, in no
event may an applicant offer modifications to an application that could
change the points awarded or the ranking of the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings for market rate housing
applications and rankings for affordable housing applications as
submitted by the director of planning.
b. Move to accept the rankings as may be modified as a result of the
public hearing.
c. Move to continue the public hearing to take additional public
testimony.
d. Move to close the public hearing but to defer action on the
evaluation rankings pending receipt of additional information.
e. Move to reject the rankings.
(6) The planning commission shall finalize the rankings within sixty (60) days
following initial receipt of the director of planning evaluation ranking,
report and recommendations.
(d) Notification to applicants: Upon finalization of the evaluation rankings by
the planning commission, notice of the rankings, by subarea for market rate housing, and
county-wide for affordable housing, shall be posted at the planning department offices
and at such other places as may be designated by the planning commission.
(1) Applicants who receive allocation awards shall be further notified by
certified mail, return receipt requested. Except as provided herein for
allocations for affordable housing awarded by the board of county
commissioners pursuant to section 9.5-122(b) and paragraph (g) below,
upon receipt of notification of an allocation award, the applicant may
request issuance of a building permit for the applicable residential
dwelling unit.
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(2) Applicants who fail to receive allocation awards shall be further notified
by regular mail; without further action by such applicants nor the payment
of any additional fee, such applications shall remain in the residential
ROGO system for reconsideration in the next succeeding quarterly
allocation period.
( e) Identical ran kings for market rate housing applications: If two (2) or more
allocation applications in a given subarea have identical evaluation points, these
applications shall be ranked in descending order from the earliest controlling date of
submission to the latest. The planning commission may approve two (2) or more
allocation applications with identical rankings and controlling dates despite the fact that
the quarterly allocation will be exceeded if:
(1) A clear statement of findings of fact are made justifying the decision; and
(2) The excess allocation is reduced from the next succeeding quarterly
allocation period or is reduced pro rata from the next three (3) quarterly
allocation periods.
(f) Identical controlling dates for affordable housing applications: If two (2)
or more allocation applications for affordable housing have identical controlling dates
and at least one affordable housing allocation remains available to be awarded, the
planning commission may approve two (2) or more allocation applications with identical
rankings through borrowing of future allocations pursuant to section 9.5-122.1 (g).
(g) Extension of expiration period: Upon the written approval of the
planning director, the expiration period for an allocation award for affordable multi-unit
housing projects may be extended where the applicant is unable to be granted a sufficient
number of allocations required to initiate the project. As may be required time to time,
the board of county commissioners may extend the 60 day expiration period for
allocation award(s) by resolution upon finding that such extension is in the public
interest.
9.5-122.3. Administrative relief.
(a) Eligibility: An applicant for an allocation award IS eligible for
administrative relief if:
(1) The application complies with all requirements of the dwelling unit
allocation system; and
(2) Was considered in the first sixteen (16) consecutive quarterly allocation
periods; and
(3) Has not received an allocation award.
(b) Notification of Eligibility: Within thirty (30) days of the finalization of
evaluation rankings by the planning commission, any applicant determined to be eligible
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for administrative relief pursuant to paragraph (a) above, shall be notified of the
applicant's eligibility for administrative relief by certified mail, return receipt requested.
(c) Application: An application for administrative relief shall be made on a
form prescribed by the director of planning and may be filed with the planning and
environmental resources department no earlier than the conclusion of the sixteenth (16th)
quarterly allocation period and no later than one hundred eighty (180) days following the
close of the sixteenth (16th) quarterly allocation period.
(d) Forwarding application to board: Upon the filing of an application for
administrative relief, the director of planning shall forward to the board all relevant files
and records relating to the subject applications. Failure to file an application shall
constitute a waiver of any rights under this section to assert that the subject property has
been taken by the county without payment of just compensation as a result of the
dwelling unit allocation system.
(e) Public hearing: Upon receipt of an application for administrative relief,
the board shall notice and hold a public hearing at which the applicant will be given an
opportunity to be heard. The board may review the relevant applications and applicable
evaluation ranking, taking testimony from county staff and others as may be necessary
and hear testimony and review documentary evidence submitted by the applicant.
(f) Board's action: At the conclusion of the public hearing, the board may
take any or a combination of the following actions:
(1) Offer to purchase the property at its fair market value as its preferred
action ifthe property is located within:
a. a designated Tier I area;
b. a designated Tier II area (Big Pine Key and No Name Key);
c. a designated Tier III-A area (Special Protection Area); or
d. a designated Tier III area on a non-waterfront lot suitable for
affordable housing.
(2) Grant the applicant an allocation award for all or a number of dwelling
units requested in the next succeeding quarterly allocation period or
extended pro rata over several succeeding quarterly allocation periods as
the preferred action for buildable properties not meeting any of the criteria
in (1) above.
(3) Suggest or provide such other relief as may be necessary and appropriate.
(g) Limits on administrative allocations per quarter: The number of
allocations that may be awarded under administrative relief in anyone quarter shall be no
more than fifty (50) percent of the total available market rate allocations available in a
quarter for that subarea. Any allocations in excess of fifty (50) percent shall be extended
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into the succeeding quarter or quarters until the number of such allocations is fifty (50)
percent or less ofthe total number of market rate allocations available to be awarded.
Sec. 9.5-122.4. Evaluation criteria.
The point values established on the following pages are to be applied
cumulatively.
(a) Tier designation: The following points are intended to discourage
development in environmentally sensitive areas and to direct and encourage development
in appropriate infill areas, while recognizing that any development has an impact on the
carrying capacity of the Florida Keys:
Point Assignment: I Criteria:
+0 An application which proposes a dwelling
unit within an area designated Tier I on Big
Pine Key or No Name Key.
+10 An application which proposes a dwelling
unit within an area designated Tier I
[Natural Area].
+10 An application which proposes
development within an area designated Tier
II [Transition and Sprawl Reduction Area]
on Big Pine Key or No Name Key.
+20 An application which proposes
development within an area designated Tier
III [Infill Area] on Big Pine Key or No
NatneK.ey.
+20 An application which proposes the clearing
of any upland native habitat vegetation
that is part of a one acre or larger upland
native habitat within an area designated
Tier III-A (Special Protection Area).
+30 An application which proposes
development within an area designated Tier
III [Infill Area] outside of Big Pine Key or
No Name Key.
(b) Big Pine Key and No Name Key only: The following additional negative
points shall be cumulatively assigned to allocation applications and are intended to
implement the Habitat Conservation Plan and the Livable Communi Keys Community
Master Plan for Big Pine Key and No Name Key.
Point Assignment: Criteria:
-10 An application which proposes a dwelling
unit on No Name Key.
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-10 An application which proposes
development in designated Lower Keys
Marsh Rabbit habitat or buffer areas as
designated in the Community Master Plan.
-10 An application which proposes
development In Key Deer Corridor as
designated in the Community Master Plan.
(c) Lot aggregation: The following points are intended to encourage the
voluntary reduction of density through aggregation of vacant, legally platted, buildable
lots with density allocation by lot.
Point Assignment: *
+4
Criteria: *
An application which aggregates a
contiguous vacant, legally platted, vacant,
buildable lot, zoned IS, IS-D, URM, URM-
L, or CFV, located within a Tier III
designated area together with the parcel
proposed for development. Each additional
vacant, legally platted, buildable lot which
IS aggregated that meets the above
requirements will earn the application the
additional points as specified.
+3
On Big Pine Key and No Name Key_ An
application which aggregates a contiguous vacant,
legally platted, vacant, buildable lot, zoned IS, IS-D,
URM, URM-L, or CFV, located within a Tier II or
Tier III designated area together with the parcel
proposed for development. Each additional vacant,
legally platted, buildable lot which is aggregated
that meets the above requirements will earn the
application the additional points as specified.
Additional requirements
1. The proposed development shall not
involve the clearing of upland native
vegetation of more than 5,000 square
feet of upland native vegetation or the
open space requirements of section 9.5-
347, whichever is less.
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
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on the aggregated lot, running in favor
of Monroe County and enforceable by
the county, subject to the approval of
the growth management director and
county attorney and recorded in the
office of the clerk of the county prior
to the issuance of any building permit
pursuant to an allocation award.
*Exception:
No points for aggregation shall be
awarded for any application that proposes
the clearing of any native upland habitat in
a Tier III-A (Special Protection Area) area.
No aggregation of lots will be permitted in
Tier I
(d) Land dedication: The following points are intended to encourage the
voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and
No Name Key) areas for the purposes of conservation, resource protection, restoration or
density reduction, and if located within Tier III, for the purpose of providing land for
affordable housing where appropriate.
Point Assignment:
+4
Criteria:
An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted buildable lot, zoned
SC, IS, IS-D, URM, URM-L, or CFV, or a
legally platted, buildable lot within any
CFSD that authorizes dwelling units. Each
additional vacant, legally platted, buildable
lot which is dedicated that meets the above
requirements will earn the application the
additional points as specified.
On Big Pine Key and No Name Key, An
application which includes the dedication
to Monroe County of one (1) vacant,
legally platted buildable lot, zoned SC, IS,
IS-D, URM, URM-L, or CFV, or a legally
platted, buildable lot within any CFSD that
authorizes dwelling units. Each additional
vacant, legally platted, buildable lot which
IS dedicated that meets the above
requirements will earn the application the
additional points as specified.
An application which includes the
dedication to Monroe County of a vacant
legally platted, buildable lot of five
thousand (5,000) square feet or more
+2
+ 1 for each 5,000 square feet oflot
area
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+0.5
within a Suburban Residential District (SR)
or Suburban Residential - Limited District
(SR-L) within a designated Tier I area.
Each additional vacant, legally platted,
buildable lot of five thousand (5,000)
square feet or more that meets the above
requirements will earn points as specified.
An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Native Area District (NA) or
Sparsely Settled District (SS) In a
designated Tier I area. Each additional
vacant, legally platted, buildable lot that
meets the above requirements will earn the
half (0.5) point as specified.
An application which includes dedication
to Monroe County of at least one-acre (1)
of vacant, unplatted, buildable land located
within a designated Tier I area. Each
additional one (1) acre of vacant, unplatted,
buildable land that meets the above
requirements will earn the points as
specified.
On Big Pine Key and No Name Key, an
application which includes dedication to
Monroe County of at least one-acre (1) of
vacant, unplatted, buildable land located
within a designated Tier I area. Each
additional one (1) acre of vacant, unplatted,
buildable land that meets the above
requirements will earn the points as
specified.
Additional requirements:
1. The application shall include but not be
limited to the following:
+4
+2
* An affidavit of ownership of all
affected lots, parcels, acreage or land;
and
* 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 clerk of the county prior
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to the issuance of any building permit
pursuant to an allocation award.
2. Lots or parcels dedicated for positive
points under this paragraph shall not be
eligible for meeting the mitigation
requirements of the Big Pine Key and
No Name Key Overlay Zone.
3. Lots or parcels donated for points in Big
Pine Key or No Name Key must be
located within Tier I or Tier II lands in
Big Pine Key or No Name Key.
(f) Market rate housing in employee or affordable housing project: The
following points are intended to provide further incentives for provision of market rate
housing within employee housing projects:
Point Assignment: Criteria:
+6 An application for market rate housing unit
which is part of employee or affordable
housing project.
Additional Requirements:
The market rate dwelling unit must be part
of an approved employee or affordable
housing project and meet all the
requirements and conditions pursuant to
section 9.5-266(a) and (f) and this chapter.
(g) Special flood hazard area: The following points are intended to
discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
- 4 An application which proposes
development within a "V" zone on the
FEMA Flood Insurance Rate Map.
(h) Central wastewater treatment system availability: The following points
shall be assigned to encourage development in areas served by central wastewater
treatment systems:
I Point Assignment:
I. Criteria:
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+4
An application which development is
required to be connected to a central
wastewater treatment system that meets
BAT / A WT standards established by the
Florida Legislature.
(i) Perseverance points: The following points are intended to reward an
application based upon the number of years spent in the residential ROGO system
without receiving an allocation award:
Point Assignment: Criteria:
+1 A point shall be awarded on the
anniversary controlling date for each year
that the application remains in the ROGO
system up to a maximum of four (4) years.
(j) Payment to land acquisition fund: Up to two (2) points shall be awarded
for a monetary payment to the County's Land Acquisition Fund for the purchase by the
County of lands for conservation and retirement of development rights. Points for
payment to this fund shall be assigned as follows:
Point Assignment:
+ 1 to +2
Criteria:
Proposes payment to the County's Land
Acquisition Fund in an amount equal to the
monetary value of a ROGO dedication
point times the number of points to be
purchased up to a maximum of two (2)
points.
Additional Requirements:
1. The monetary value of each point shall
be established annually by resolution
ofthe board of county commissioners.
2. The monetary value of each point shall
be based upon the average fair market
value of privately-owned, buildable,
vacant, ISIURM, platted lots in Tier I
divided by four (4).
3. Payment to the County's Land
Acquisition Fund shall be prior to the
Issuance of any building permit
pursuant to the allocation award.
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Sec. 9.5-123. Reserved
Sec. 9.5-125. Appeals.
(a) An appeal from the decision of the planning commission on a ROGO or
NROGO allocation shall be made to the board of county commissioners. The notice of
such appeal shall be in a form prescribed by the director of planning and must be filed
with the director of planning within twenty (20) days of the planning commission's
decision. Upon the filing of an appeal, the planning commission's secretary will forward
to the board all relevant files and records relating to the matter. Failure to file an appeal
with the board shall constitute a waiver of any rights under this chapter to further dispute
the decision of the planning commission.
(b) The filing of an appeal shall not stay either the action of the planning
commission or the action of the director of planning.
(c) If, as a result of a successful appeal, additional allocation awards are to be
made, the board shall instruct the director of planning as to how many dwelling units or
non-residential floor space applications shall receive allocation awards, when such
allocation awards are to be made and what effect such additional allocation awards will
have on the current annual or quarterly dwelling unit allocation or current annual
allocation for non-residential floor space. To ensure that the residential dwelling unit
allocations set forth in section 9.5-122 and 9.5-124.4 are not exceeded, the director of
planning shall inform the planning commission of the results of the appeal and the
disposition of any additional allocation awards."
Section 3. Section 9.5-266(a)(1) b., Monroe County Code is hereby amended to read as follows:
"b. Develop employee housing as defined in section 9.5-4(E-1) on parcels of land
classified as Suburban Commercial (SC) at an intensity up to maximum net
density of eighteen (18) dwelling units per acre and on parcels of land classified
as Urban Residential (UR) at an intensity up to a maximum net density of twenty-
five dwelling units per acre."
Section 4. Section 9.5-266(a)(3), Monroe County Code, is hereby amended to read as follows:
"(3) Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points pursuant to section 9.5-122.4(f)."
Section 5. Section 9.5-266(a)(5), Monroe County Code, is hereby amended to read as follows:
"(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270, some or all
of any lawfully established floor area situated on a parcel shall be excluded from
the calculation of the total gross of development allowed on the parcel if at least
one affordable or employee housing unit is co-located on the parcel. For purposes
of this exclusion a floor area ratio of twenty-five (25) percent shall be assumed.
The exclusion of floor area shall be in accordance with the following criteria:
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a. If the parcel ofland is less than two (2) gross acres, the project's
total nonresidential floor area or two thousand (2,000) square feet,
whichever is less, shall be excluded from the calculation; or
b. If the parcel of land is two (2) or more gross acres, the project's
total nonresidential floor area or four thousand (4,000) square feet,
whichever is less, shall be excluded from the calculation."
Section 6. Section 9.5-266(a)(6) b. through e., Monroe County Code, are hereby amended to
read as follows:
"b. Except as provided for under the special provisions for employer-owned rental
housing as set forth under paragraph (6) k. below, if the affordable housing
dwelling unit is designed for employee housing, the use of the dwelling is
restricted to households that derive at least seventy (70) percent of their household
income from gainful employment in Monroe County and meet the adjusted gross
annual income limits for median income as defined in section 9.5-4(A-5).
c. The use of the affordable or employee dwelling unit is restricted for the period
specified in section 9.5-266(f)(1).
d. Tourist housing use or vacation rental use of affordable or employee housing units
is prohibited.
e. The parcel of land proposed for development of affordable or employee housing
shall only be located within a Tier III designated area or, within a Tier III-A
(Special Protection Area) designated area that does not propose the clearing of
any portion of an upland native habitat patch of one (1) acre or greater in area."
Section 7. Section 9.5-266(a)(6) g. through 1., Monroe County Code, are hereby renumbered to
Section 9.5-266(a)(6) f. through k. respectively.
Section 8. Section 9.5-266(a)(8), Monroe County Code, is hereby amended to read as follows:
"(8) If an affordable or employee housing project or an eligible commercial
apartment(s) designated for employee housing contain(s) at least five (5) dwelling
units, a maximum of twenty (20) percent of these units may be developed as
market rate housing dwelling units. The owner of a parcel of land must develop
the market rate housing dwelling units as an integral part of an affordable or
employee housing project. In order for the market rate housing dwelling units to
be eligible for incentives outlined in this section, the owner must ensure that:
a. The use of the market rate housing dwelling unit is restricted for a period
of at least thirty (30) years to households that derive at least seventy (70)
percent of their household income from gainful employment in Monroe
county.
b. Tourist housing use and vacation rental use of the market rate housing
dwelling unit is prohibited."
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Section 9. Section 9.5-266(a)(9), Monroe County Code, is hereby deleted.
Section 10. Section 9.5-266(f)(I), Monroe County Code, is hereby amended to read as follows:
"(1) Before any building permit may be issued for any structure, portion or phase of a
project subject to this section, a restrictive covenant(s) shall be approved by the
growth management director and county attorney and recorded in the office of the
clerk of the county to ensure compliance with the provision of this section
running in favor of Monroe County and enforceable by the county and, if
applicable, a participating municipality. The following requirements shall apply
to these restrictive covenants:
a. The covenants for any affordable or employee housing units shall be
effective for a period of at least ninety-nine (99) years.
b. The covenants shall not commence running until a certificate of
occupancy as been issued by the building official for the dwelling unit or
dwelling units to which the covenant or covenants apply."
Section 11. Section 9.5-266(f)(2) d., Monroe County Code, is hereby deleted and Section 9.5,
266(f)(2) e. is renumbered to Section 9.5-266(f)(2) d.
Section 12. Section 9.5-266(f)(8), Monroe County Code, is hereby created that reads as follows:
"(8) Upon written agreement between the planning director and an eligible
governmental or non-governmental entity, the planning director may authorize
that entity to administer the eligibility and compliance requirements for the
planning department under paragraphs (3),(4),(5) and (6) above. Under such an
agreement, the eligible entity is authorized to qualify a potential owner-occupier
or renter of affordable, employee, or market rate housing developed as part of an
employee or affordable housing project, and annually verify the employment
and/or income eligibility of tenants pursuant to section 9.5-266(f)(2). The entity
shall still be required to provide the planning department by January 1 of each
year a written certification verifying that tenants of each affordable, employee, or
market rate housing meet the applicable employment and income requirements of
paragraph (2) above. The following governmental and non-governmental entities
shall be eligible for this delegation of authority:
a. The Monroe Housing Authority, not-for-profit community development
organization(s) pursuant to section 9.5-266(e), and other public entities
established to provide affordable housing;
b. Private developers or other non-governmental organizations participating
in a federal/state housing financial assistance or tax credit program or
receiving some form of direct financial assistance from Monroe County;
or
c. Non-governmental organizations approved by the board of county
commissioners as affordable housing providers."
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Section 12. Section 9.5-266(f)(9), Monroe County Code, is hereby created that reads as follows:
"(9) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
agreement executed pursuant to paragraph (6) above, the planning director shall
provide written notice to the subject entity to show cause why the agreement
should not be terminated within thirty (30) days. If the entity fails to respond or is
unable to demonstrate to the satisfaction of the planning director that it is meeting
the terms and conditions of its agreement, the agreement may be terminated by
the planning director within thirty (30) days of the written notice."
Section 13. All applications in the RaGa system on the effective date of this ordinance that
do not receive an allocation award in Quarter 4, RaGa Year 14, ending July 13, 2006, shall be
re-scored in Quarter 1, RaGa Year 15, pursuant to the provisions of Sections 2 and 4 of this
ordinance as modified by the vesting provisions of Section 14.
Section 14. Notwithstanding the provisions of Section 2 of this ordinance, upon the effective
date of this ordinance, the following vesting provisions shall apply to the scoring of applications
in the RaGa system prior to the effective date of this ordinance:
1. All applications shall be eligible to continue to receive perseverance points
beyond the first four (4) years in the system, at an annual rate of +2 points for
each year that the application remains in the RaGa system.
2. If any application, prior to the effective date of this ordinance, had been
withdrawn and re-entered the RaGa system and the application had been revised
solely to increase its point total through lot aggregation or land dedication,
without revising the approved building permit application, the controlling date of
the application shall be restored to the controlling date of the application prior to
the application's withdrawal. The application shall also be entitled to any
perseverance points lost due to the withdrawal.
3. If any application received points for aggregation, which would not be authorized
under the new aggregation provisions of Section 9.5-122.4(c), the applicant shall
receive +4 points for each aggregated lot. Except that all applications received
after 9/27/05 that are on file with the county must be rescored prior to receiving
an allocation pursuant to the mandate by the Florida Administrative Commission
by Rule No. 28-20.110 and 28-20.120 (effective 9/27/05), .
4. All applicants in the RaGa system upon the effective date of this ordinance shall
be notified by regular mail within thirty (30) days from the effective date of this
ordinance by the County Planning and Environmental Resources Department of
the new RaGO scoring system. In this notification, applicants shall be informed
that they have thirty (30) days from the date of the notification, if they so chose,
to submit a revision to their ROGO application to receive positive points through
aggregation, land dedication, or payment of fees to the land acquisition fund.
Within this one-time, thirty (30) day time period, applicants shall be able to revise
their applications without payment of fees or a change in their controlling date
upon condition that their approved building permit application is not revised.
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Section 15. 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.
Section 16. 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.
Section 17. 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.
Section 18. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 19. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 20. 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 numbered to conform to the uniform numbering system ofthe Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15th day of March , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIO~S OF
MONROE COUNTY, FLORIDA ~ ~
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Page 29 of 29
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 COUNTY 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
April 3, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9808
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 005-2006 providing for the purchase of property to be developed for the
establishment of affordable and employee housing; providing for the future development of such
housing; providing for severability; providing for repeal of inconsistent provisions; providing for
incorporation in the Monroe County Code; providing for an effective date.
Ordinance No. 006-2006 amending Chapter 3, Monroe County Code; Providing
clarification of authority of animal control officers and of other provisions of Chapter 3; Providing
for rabies vaccinations of ferrets and changing required ages of cats and dogs to be vaccinated;
Providing penalties enforceable by code violation prosecution for dangerous and vicious dogs;
Providing for prohibitions against abandonment of animals and chaining of dogs; Providing for
requirements of spaying or neutering of cats and dogs; Providing for exemptions and establishing
criteria and process to obtain an exemption from requirement for spay and neuter of dogs and
cats; Providing an incentive for permanent identification; Providing for severability; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and Providing an effective date.
Ordinance No. 008-2006 amending the Monroe County Land Development Regulations to
revise environmental regulations by deleting Sections 9.5-336, 9.5-337, 9.5-338, 9.5-339.1,
9.5-339.2, 9.5-339.3, 9.5-340, 9.5-341, 9.5-342, and 9.5-343 to eliminate requirements pertaining
to the Existing Conditions Map and Habitat Evaluation Index (HEI); Creating new Section
9.5-336 to require an Existing Conditions Report, including vegetative survey as part of
Ordinance Nos. 005-2006, 006-2006, 008-2006,
009-2006, 010-2006, 011-2006 & 013-2006
Development Application approval; creating new Section 9.5-337 to enhance protection of
upland vegetation through Grant of Conservation Easements; creating new Section 9.5-338 that
incorporates existing open space requirements for wetlands; Revising Section 9.5-347 to provide
for maximum clearing limits of native upland vegetation based upon the Tier System designation
of the subject property; Providing for specific vesting provisions; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of
Ordinances; Directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and, providing for an effective
date.
Ordinance No. 009-2006 amending the Monroe County Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by revising
Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 [Rate of Growth
Ordinance (ROGO)] and revising Section 9.5-266 [Affordable and Employee Housing]; Providing
evaluation criteria, point system, and procedures utilizing the Tier Overlay as the basis for the
ROGO System; Providing special evaluation criteria, point system, and procedures for Big Pine
and No Name Key based on Habitat Conservation Plan and Master Plan for Big Pine and No
Name Key; Creating an appeal process for NROGO; Limiting affordable housing allocations to
Tier III Areas; Providing for a 99 year restrictive covenant for affordable and employee housing;
Providing authority for an eligible governmental or non-governmental entity to administer
eligibility and compliance requirements of affordable housing regulations of behalf of the Planning
and Environmental Resources Department; Providing for specific vesting provisions; Providing
for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe
County Code of Ordinances; Directing the Planning and Environmental Resources Department to
transmit a copy of this Ordinance to the Florida Department of Community Affairs; and providing
for an effective date.
Ordinance No. 010-2006 amending Land Developments Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256,
Tier Overlay District; Providing criteria for designation of tier boundaries; Providing a mechanism
for Tier Overlay District Map amendments; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation in the Monroe County Code of Ordinances; Directing the
Planning and Environmental Resources Department to transmit a copy of this Ordinance to the
Florida Department of Community Affairs; and providing for an effective date.
Ordinance No. 011-2006 amending the Monroe County Land Development Regulations
by revising Sections 9.5-124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance
(NROGO) of the Monroe County Land Development Regulations utilizing the Tier Overlay as the
basis for the competitive point system; Creating a separate NROGO System for Big Pine Key and
No Name Key; Providing for specific vesting provisions; Providing for repeal of all Ordinances
inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances;
Directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
Ordinance Nos. 005-2006, 006-2006, 008-2006,
009-2006,010-2006,011-2006 & 013-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on March 15, 2006. Please file for record.
Ordinance No. 013-2006 adopting an amendment to the Monroe County Land Use
District Map to include a Tier Overlay District Map designation on all land in unincorporated
Monroe County in the Florida Keys between Key West and Ocean Reef and designating
boundaries for Tier, I, Tier II, Tier III and Tier III-A (Special Protection Areas) as required in
Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9.5-256~
Providing for repeal of all Ordinances inconsistent herewith, Directing the Planning and
Environment Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs~ and providing for an effective date. Please note that Exhibit
A is on the disc that is attached to the Ordinance.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Special Meeting in formal session on March 21, 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 w/o Ordinance 006 only
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Finance - Ordinance 006 only
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
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. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ms. Liz Cloud
Program Administrator
Administrative code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
2. Article Number
(transfer from service IabeQ
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Domestic Return Receipt
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
April 6, 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 April 3, 2006 and certified copies of Monroe County Ordinance
Nos. 005-2006, 006-2006, 008-2006 through 011-2006 and 013-2006, which were filed in this
office on April 5, 2006.
LC/mp
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OSTA TE 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
OLEGlSLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINlSTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA06-0R-124
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 009-2006
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (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
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 April 6, 2006, the Department received for review Monroe County Ordinance
No. 009-2006 ("Ord. 009-2006").
3. The final order for this Ordinance must be signed by June 2, 2006.
4. The purpose of the Ordinance is to implement Goal 105 of the Monroe County
Comprehensive Plan utilizing tier overlay maps as the basis for the competitive point system;
providing revised criteria for the building permit allocation system; establishing new allocations
for sub areas; allowing the transfer of development exempt from ROGO provided the receiver
site is located in Tier 3, is not in a velocity zone, and requires no clearing; and creating an appeal
process.
5. Ordinance 009-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LAW
DCA Final Order No.: DCA06-0R-124
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. 9380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9380.0552, 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. 9 380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 009-2006 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 9 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 FALR 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. 009-2006 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation ofthe area of
critical state concern designation.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands, dune ridges and beaches,
wildlife, and their habitat.
(f) To enhance natural scenic resources, promote the aesthetic
benefits of the natural environment, and ensure that
development is compatible with the unique historic character of
the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public
investments.
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys.
2
DCA Final Order No.: DCA06-0R-124
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys.
G) To make available adequate affordable housing for all sectors
of the population of the Florida Keys.
(k) To provide adequate alternatives for the protection of public
safety and welfare in the event of a natural or manmade
disaster and for a post disaster reconstruction plan.
(I) To protect the public health, safety, and welfare ofthe citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida Resource.
II. Ord. 009-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 009-2006 is found to be consistent with the
Principles for Guiding Development ofthe 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.
R
ministrator
Division of 0 munity Planning
Department 0 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.
3
DCA Final Order No.: DCA06-0R-124
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 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
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 28-106.201(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
4
DCA Final Order No.: DCA06-0R-124
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 --5J1::day of June, 2006.
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pr'"1a Foro, Ag~y'zcrk
Bv U.S. Mail:
Honorable Charles McCoy
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
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Deliverv 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