Ordinance 017-2006
ORDINANCE NO. ..QlL - 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO REVISE SECTIONS 9.5-4 AND 9.5-266
REGARDING INCLUSIONARY HOUSING REQUIREMENTS;
PROVIDING FOR REGULATIONS REGARDING MULTI-UNIT
DEVELOPMENT AND REDEVELOPMENT AND MOBILE HOME
CONVERSIONS; AMENDING DEFINITIONS; AMENDING
AND/OR ADDING FOR CONSISTENCY PURPOSES RELATED
PROVISIONS; PROVIDING FOR SEVERABILITY AND REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE
DATE; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters, and;
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. Monroe County and its municipalities have a mutual interest in preserving
and providing affordable housing countywide.
2. The residents of Monroe County commute between the municipalities and
the unincorporated areas of Monroe County for housing and employment.
3. The local economy is predominantly dedicated to the tourism industry,
which depends on the availability of a workforce that has access to affordable and
adequate housing.
4. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
5. The median sales price of single-family homes countywide increased
between 145% and 192% from 2000 to 2005.
6. The median household income increased by less than 190,/0 over this same
period of time.
7. Median gross rent countywide increased by 46% between 1990 and 2000.
8. Even moderate income hbuseholds (those earning from 120-160% of the
County median income) are in need pf affordable housing.
9. The existing inventory of housing that is affordable to residents of the
County is at serious risk due to conversions to market rate, second home, and high-end
housing.
10. The median sales price of non-waterfront housing has increased by almost
40% since 2003.
11. Mobile homes comprise approximately 20.6% of the housing units in the
Keys.
12. The median sales price of non-waterfront mobile homes in the Keys has
increased by 30% since 2003.
13. Mobile homes represent the least expensive housing type and therefore the
housing type most available to the critical workforce and County residents at median and
moderate income levels.
14. 42% of non-waterfront mobile homes currently are valued at prices
accessible to moderate and median-income residents.
15. The implementation of this ordinance will protect this segment of the
housing stock available to moderate and median-income residents and critical workforce.
16. The requirements set forth herein are economically feasible and require
property owners to mitigate only a portion of the impact that regulated development
activities will have on the County's affordable housing shortage, and provisions
contained in the proposed ordinances provide property owners and developers with
means and opportunities to demonstrate situations where requirements are not
economically feasible or present undo hardship.
17. The amendments proposed herein permit replacement of existing mobile
homes and preservation of permitted mobile home uses consistent with existing safety
and building code regulations.
18. The amendments set forth herein will facilitate and encourage
development that includes a range of housing opportunities through a variety of
residential types, increase affordable housing opportunities within the County, and
stimulate the provision and preservation of affordable housing within the County.
19. There is limited land area suitable for residential development remaining
in the County.
20. Due to state-imposed requirements related to hurricane evacuation
standards, there are a limited number of residential building permits available on an
annual basis.
21. Requiring certain residential development and redevelopment projects to
include an affordable housing component is a legitimate state interest and is necessary to
implement Goal 601 of the plan (e.g., Policy 601.1.12; Objectives 601.2 and 601.6).
22. The unmitigated development of market-rate housing and conversion from
existing mobile home use would exacerbate affordable housing options for the County by
consuming the limited remaining developable lands in the Keys and the limited number
of development permits available.
2
23. All set-asides for existing mobile home developments that are otherwise
amenable to conversion from established uses is in the public interest in preserving the
County's existing affordable housing stock.
24. There is a current unmet need of about 7,317 affordable units in the
County.
25. These amendments to the land development regulations specifically
further Fla. Stat. ~ 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
26. These amendments to the land development regulations are necessary to
ensure that, despite the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
27. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1.
Amend Sec. 9.5-4(A-5)(a) as follows:
a) Generally, affordable housing for a rental dwelling unit shall mean a dwelling unit
whose monthly rent, not including utilities, does not exceed thirty (30) percent of that
amount which represents either fifty (50) (very low income) or eighty (80) (low income)
or one hundred (100) (median income) or one hundred twenty (120) (moderate income)
percent of the monthly median adjusted household income for Monroe County.
Section 2.
Amend Sec. 9.5-4(A-5)(e) as follows:
e) Affordable rental housing, moderate income shall mean a dwelling unit whose
monthly rent, not including utilities, does not exceed thirty (30) percent of the amount
which represents one hundred twenty (120) percent of the monthly median adjusted
household income for Monroe County.
Section 3.
Amend Sec. 9.5-4(A-5)(i) as follows:
i) Affordable housing owner occupied moderate income shall mean a dwelling unit
occupied only by a household whose total household income does not exceed one
hundred sixty (160) percent of the median monthly household income for Monroe
County.
3
Section 4.
Amend Sec. 9.5-4(A-5)(j) as follows:
j) Affordable housing trust fund shall mean a trust fund established and maintained by
the County for the purpose of preserving existing and promoting creation of new
affordable and employee housing. Funds collected for and deposited in the trust fund
shall be used exclusively for purposes of creating, preserving or maintaining affordable
and employee housing in the Florida Keys.
Section 5.
Amend Sec. 9.5-4(A-5) to add (m) as follows:
m) lnclusionary housing shall mean the resulting affordable and/or employee housing
created or preserved with the development and/or redevelopment of a parcel or parcels
where provisions of approved development agreements or orders implement and promote
affordable and/or employee housing goals, objectives and policies contained in the Plan
by requiring set-asides for affordable and/or employee housing units.
Section 6.
Repeal Sec. 9.5-266(b) and replace with the following:
(b) lnclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with
Goal 601 of the plan, is to ensure that the need for affordable housing is
not exacerbated by new residential development and redevelopment of
existing affordable housing stock. The intent of this subsection is to
protect the existing affordable housing stock, to permit owners of mobile
homes and mobile home spaces to continue established mobile home uses
consistent with current building and safety standards and regulations and
to ensure that, as residential development, redevelopment and mobile
home conversions occur, plan policies regarding affordable housing are
implemented.
(2) Applicability. Except as provided in subsection (b )(3), the inclusionary
housing requirements set forth below shall apply. Determinations
regarding the applicability of this subsection shall be made by the
planning director. For purposes of calculating the number of affordable
units required by this subsection, density bonuses shall not be counted and
only fractional requirements equal to or greater than .5 shall be rounded up
to the nearest whole number.
a. Residential developments, other than mobile home or mobile home spaces
covered by b., below, that result in the development or redevelopment of
three (3) or more dwelling units on a parcel or contiguous parcels shall be
required to develop or redevelop at least thirty (30) percent of the
4
residential units as affordable housing units. Residential development or
redevelopment of three (3) units on a parcel or contiguous parcels shall
require that one (1) developed or redeveloped unit be an affordable
housing unit. For the purpose of this Section, and notwithstanding Section
9.5-266(b)(2)b, any dwelling unit exceeding the number of lawfully
established dwelling units on site, which are created by either a TRE or
ROGO allocation award, shall be considered 'developed units'.
b. The removal and replacement with other types of dwelling units of ten
(10) or more mobile homes which are located on a parcel or contiguous
parcels and/or the conversion of mobile home spaces located on a parcel
or contiguous parcels into a use other than mobile homes shall be required
to include in the development or redevelopment a number of affordable
housing units equal to at least thirty (30) percent of the number of existing
units being removed and replaced or converted from mobile home use or,
in the event the new use is nonresidential, to develop affordable housing
units at least equal in number to thirty (30) percent of the number of
mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different
use of ten (10) mobile homes or mobile home spaces on a parcel or
contiguous parcels shall require that three (3) units be replaced or
converted to deed-restricted affordable housing.
c. In calculating the number of affordable housing units required for a
particular project, or phase of a project, all dwelling units proposed for
development or redevelopment or mobile homes or mobile home spaces to
be converted from mobile home use since the effective date of this
subparagraph 9.5-266(b) shall be counted. In phased projects, the
affordable housing requirements shall be proportionally allocated among
the phases. If a subsequent development or redevelopment is proposed
following a prior development approved on the same property as it existed
as of the effective date of this subparagraph 9.5-266(b), which prior
development did not meet the compliance thresholds set forth in a. or b.
above, the requirements of a. or b. shall be met as part of the subsequent
development for all units proposed for development or redevelopment
after the effective date of this subsection (b).
(3) Exemptions and waivers.
a. The following uses shall be exempt from the inclusionary housing
requirements set forth in subsection (b )(2)a.: affordable housing, employee
housing, nursing homes, or assisted care living facilities.
b. The board of county commissioners may reduce, adjust, or waive the
requirements set forth in this subsection (b) where, based on specific
5
findings of fact, the board concludes, with respect to any developer or
property owner, that:
1. strict application of the requirements would produce a result
inconsistent with the plan or the purpose and intent of this
subsection; or
2. due to the nature of the proposed residential development, the
development furthers plan policies and the purpose and intent
of this subsection through means other than strict compliance
with the requirements set forth herein; or
3. the developer or property owner demonstrates an absence of
any reasonable relationship between the impact of the proposed
residential development and requirements of this subsection
(b); or
4. the strict application with the requirements set forth herein
would improperly deprive or deny the developer or property
owner of constitutional or statutory rights.
c. Any developer or property owner who believes that he or she may be
eligible for relief from the strict application of this section may petition the
board of county commissioners for relief under this subsection (3)(b).
Any petitioner for relief hereunder shall provide evidentiary and legal
justification for any reduction, adjustment or waiver of any requirements
under this section.
(4) Alternative compliance.
a. In-lieu fees. The developer of a project subject to the requirements of this
subparagraph 9.5-266(b) may contribute a fee in-lieu of the inclusionary
housing requirements for all or a percentage of the affordable housing
units required by subsection (b )(2). The developer shall pay per unit in-
lieu fees the current maximum sales price for a one-bedroom affordable
unit as established under section 9.5-266(a)(M-6.2). All in-lieu fees shall
be deposited into the affordable housing trust fund and spent solely for the
purposes allowed for that fund. The developer, along with any
corresponding in-lieu fees, shall transfer to the County ownership of the
associated ROGO-exempt development rights for any affordable unit(s)
required by this section for which the in-lieu fee option is used.
b. Land Donation. Upon the acceptance of the board of county
commissioners of a proposed onsite or offsite parcel ( or parcels), a
developer may satisfy the requirements of this subsection 9.5-4 (M-6.2) by
donating to the County, or other agency or not-for-profit organization
6
approved by the board, one (1) IS or URM lot for each unit required but
not provided through actual construction or in-lieu fees (or a parcel or
parcels of land zoned other than IS or URM as long as the donated
parcel( s) will support the development of an appropriate number of
affordable units). Lots or other parcels so provided shall not be subject to
environmental or other constraints that would prohibit immediate
construction of affordable housing units. The developer, along with any
corresponding donated parcel(s), shall transfer to the County ownership of
the associated ROGO allocations or ROGO-exempt development rights
for any affordable unit( s) required under this section.
(5) Applicable standards.
a. Incentives. All incentives and bonuses provided by the land development
and other regulations for the construction of affordable housing shall be
available to builders of affordable housing provided pursuant to this
subsection (b) including, but not limited to, density and floor area ratio
bonuses, residential ROGO allocation set asides and points, and impact fee
waIvers.
b. Developer financial responsibility.
1. If a developer does not elect to meet the requirements of (b )(2)
through alternative compliance as set forth in (b)( 4), or obtain
approval for an adjustment to, a partial exemption from or a
waiver of strict compliance pursuant to (b)(3), the developer
must post a bond equivalent to 110% of the in-lieu fees that
otherwise would have been required through the in-lieu
alternative compliance option prior to the issuance of a
building permit for any market rate units. The County shall
retain any bond money or guaranties in escrow until the
affordable housing is completed, or for a period of three (3)
years, whichever comes first. Upon the issuance of certificates
of occupancy for the affordable housing units, the County shall
release to the developer any bonds or guaranties relating to the
portion of the inclusionary housing requirement satisfied. If
the developer has not satisfied the requirements of this section
by completing the required affordable housing units within
three (3) years, all or the corresponding portion of the bond
funds shall be forfeited to the affordable housing trust fund.
2. If the applicant elects to pursue alternative compliance as set
forth in (b)(4), any in-lieu fees must be paid or parcel(s)
donated prior to the issuance of a building permit for any
market rate unit.
7
c. Standards. Affordable housing provided pursuant to subsection (b )(2)
shall comply with the standards set forth below and applications for
development projects subject to these requirements and developers and
property owners shall provide to the County information and necessary
legal assurances to demonstrate current and continued compliance with
these provisions, consistent with the applicable enforcement mechanisms
set forth in section 9.5-266 (f), as amended or supplemented from time to
time. The County may institute any appropriate legal action necessary to
ensure compliance with this subsection.
1. affordable housing units required pursuant to subsection (b )(2)
are restricted to sales prices and annual rental amounts for
households that shall not exceed the adjusted gross annual
income limits for moderate-income owner-occupied or rental
housing, as defined in section 9.5-4 (A-5); and
2. affordable housing units may be sold or rented only to persons
whose total household income does not exceed the adjusted
gross annual income limits for moderate-income as defined in
section 9.5-4 (A-5); and
3. except as specifically provided otherwise herein, affordable
housing dwelling units are restricted for a period of at least
thirty (30) years to households that meet the requirements of2.
above; and
4. affordable housing units provided pursuant to subsection (b)(2)
may be provided on-site, off-site or through linkage with
another off-site project as provided in section 9.5-266 (c); and
5. except for properties designated IS-D, DR, URM or URM-L,
affordable housing units built off-site shall not be built on lands
that qualify for negative points under section 9.5-122.3(a)(7),
(8) or (9); and
6. affordable housing units may not be used for tourist housing or
vacation rental use; and
7. Each affordable unit provided pursuant to subsection (b)(2)
shall contain a minimum of four hundred (400) square feet of
habitable floor area and the average enclosed habitable floor
area of all units so provided shall be at least seven hundred
(700) square feet; and
8. during occupancy of any affordable housing rental unit, not
otherwise limited by state or federal statute or rule concerning
8
household income, a lessee household's annual income may
increase to an amount not to exceed one hundred forty (140)
percent of the median household income for the County, to be
annually verified. If the income of the lessee household
exceeds this amount, the occupancy shall terminate at the end
of the existing lease term. The maximum lease for any term
shall be three (3) years or thirty-six (36) months; and
9. when determining eligibility criteria, the County shall assume
family size as indicated in the table set forth in section
266(a)(6)G) above. That table shall not be used to establish the
maximum number of individuals who actually live in the unit,
but shall be used in conjunction with the eligibility
requirements created by section 9.5-4 (A-5); and
10. the income of eligible households shall be determined by
counting only the first and highest paid forty (40) hours of
employment per week of each unrelated adult. For a household
containing adults related by marriage or a domestic partnership
registered with the County, only the highest sixty (60) hours of
the combined employment hours shall be counted, which shall
be considered to be seventy-five (75) percent of the adjusted
gross income. The income of dependents regardless of age
shall not be counted in calculating a household's income.
11. the County will not issue certificates of occupancy for market
rate units associated with development or redevelopment
projects subject to the provisions of subsection (b) unless and
until certificates of occupancy have been issued for required
affordable housing units, lot donations are complete, or in-lieu
fees have been paid as provided herein.
(7) Monitoring and review. The requirements of this subsection (b) shall be
monitored to ensure effective and equitable application. Every two years following the
effective date of this ordinance, the planning director shall provide to the board of county
commissioners a report describing the impact of this subsection on the provision of
affordable housing and other market or socioeconomic conditions influencing or being
influenced by these requirements. Issues such as affordability thresholds, inclusionary
requirements, and the impacts of these provisions on the affordable housing inventory
and housing needs in the County shall be addressed, in addition to other matters deemed
relevant by the director.
Section 7.
Amend Section 9.5-266(d) and (e) as follows:
Sec. 9.5-266. Affordable and employee housing; administration.
9
(d) Affordable housing trnstfund. The affordable housing trust fund (referred to as the
"trust fund") is established. The trust fund shall be maintained with funds earmarked for
the purposes of furthering affordable housing initiatives in municipalities and
unincorporated areas of Monroe County. Monies deposited into the trust fund shall not
be commingled with general operating funds of the County. The trust fund shall be used
only for the following:
(1) Financial aid to developers as project grants for affordable housing
construction;
(2) Financial aid to homebuyers as mortgage assistance, including but not
limited to loans or grants for down payment assistance;
(3) Financial incentives for the conversion of transient units to affordable
residential units;
(4) Direct investment in or leveraging housing affordability through site
acquisition, housing development and housing conservation; or
(5) Other affordable housing purposes as may be established by resolution of the
board of county commissioners, which shall act as trustees for the fund. The
board of county commissioners may enter into agreements or make grants relating
to the use of trust funds with or to the Monroe County Housing Authority or other
local government land or housing departments or agencies, a qualified community
housing development organization or non-profit or for-profit developer of
affordable or employee housing, or a municipality within Monroe County.
(e) Community housing development organization. The board of county
commissioners may establish a nonprofit community housing development organization
(CHDO), pursuant to federal regulations governing such organizations, to serve as
developer of affordable housing units on County-owned property, including or located in
the municipalities of the County, upon interlocal agreement. In such event, the County
may delegate to the community housing development organization all or partial
administration of the affordable housing trust fund.
Section 8. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 9. Conflictin2 Provisions.
10
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or County law, rule, code or regulation, the
more restrictive shall apply.
Section 10. Transmittal.
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 and as required by F.S. 380.05(6)
and (11).
Section 11. Filin2
This ordinance shall be filed in the Office of the Secretary of State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 12. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
11
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of April ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Yes
Vacant
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: f\b
Mayor Charle~y" McCoy
)
ATTEST: D~L.KOLHAGE,CLERK
J),oL-J (1. ~
Deputy Clerk
3: ~
c c::t "
0 c::t
Z )> en .-
;0("")2 %110
-0 f"TI
O,-Z ::g 0
C'T'l;ll::-<
n- r N -1'1
on- a
~ ::0 E':; ;'0
x- ;u
-I C"') r ::I: f'TJ
:::<;-l= (")
-1'1 p- O) 0
r G".l .. ;0
:x> rt1 w 0
C)
12
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 tOl
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
April 21, 2006
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7004 2030 0001 2668 9600
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 017-2006 adopting amendments to the Monroe County Land
Development Regulations to revise Sections 9.5-4 and 9.5-266 regarding inclusionary housing
requirements; providing for regulations regarding multi-unit development and redevelopment and
mobile home conversions; Amending definitions; Amending and/or adding for consistency
purposes related provisions; Providing for severability and repeal of inconsistent provisions;
Providing for an effective date; and Providing for incorporation in the Monroe County Code of
Ordinances.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 19, 2006. Please file for record. Should you have
any questions, feel free to contact my office at (305) 295-3130.
cc: County Administrator
Growth Management Director
County Attorney
BOCC
File/
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By~(2. ~""J;;4)
Isabel C. DeSantIs, eputy Clerk
7002 2030 0001 2668 9600
~ ~ m:n m
=>", ::>
g.!e. 0.
Oi ~ ~ft Q:n
"U 8:~
j 3'" 35;
CDo. CD::> 0
: ::>0 a:Il
-CD ..
.. ~~ :Illll a
po .2liii" '"
~ .g-< E.~ 8-
~."T1 l~ ;V
.. 0."
0> ~.. .B.. ..
.~
:CD
ICD
:^
r
~'4
..J
,
~
(J
IJ
S'
"ll
:1:0
.. ~
Cil ~
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Sinature
item 4 if Restricted Delivery is desired. X ljEpT 0 Agent
• NI Print your name and address on the reverse • �? u;S.,. ❑Addressee
so that we can return the card to you. B. Receive (Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. MR 2 4
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below:. ❑No
Program Administrator
Administrative Code and Weekly ord. i o17—ac
R.A. Gray Building 3. s—e�aeType
500 South Bronough Street I ertifiedMall CI Express Mail
Tallahassee, Florida 3239$-0250 0 Registered ❑Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes •
2. Article Number I 7002 2030 0001 2668 9600
(Transfer from service labe0 •
• PS Form 3811,.February 2004 Domestic Return Receipt 1o2595-02-M•1540
•
•
•
U.S. Postal ServiceTM
o CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
For delivery information visit our website at www.usps.corn8
FFL USE
ru Postage $
•
r-R �-�1
Certified Fee Z��(v
p Postmark
Return Reclept Fee
(Endorsement Required) . �; Here
O Restricted Delivery Fee i' `•;
• ,m (Endorsement Required) /,%
fl_I Total Postage&Fees +, 1 Via`
ru• Sent To Progra kdniinistrato{ °f�"aoo�
o Administrative Code'and Weekly
I`- Street Apt.No.;R .11
or PO Box No. .A. Gre lnC y-
y, $U1tLrf
citstate,ziPr$Q9_p13Uth Bronough Street
a •. . • •-I
PS Form 3800,June 2002 See Reverse for Instructions
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 1, 2006
Honorable Danny L. Ko1hage
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 21, 2006 and certified copy of Monroe County Ordinance
No. 017-2006, which was filed in this office on April 24, 2006.
Si~CWu~
Liz Cloud
Program Administrator
LC/mp
~ 0
~ :P'
:;0 ::t.:
oo;.r;
rr1~-<
("'). r
oC?
c:-~
_.,?JI..._'
."- ,--
--I C? __
-<:-,......
.. . ~'>
-n C)
r rn
J>
~
c::t
D'
:s
~
-<
I
.t:"
-0
:It
c;.)
-
'"
N
DSTATE 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
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
.."
r=
I"T\
o
'"T1
o
:::0
::0
rn
C")
<:>
;0
o
DCA Final Order No.: DCA06-0R-133
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 017-2006
/
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(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,
....
:l: 0 .". ..,
and Monroe County is a local government within the Florida Keys Area. ~ )> ~ t-
:0("')% '- r'T'\
2. On April 26, 2006, the Department received for review Monroe Co~:< !:2 ::;,
O'r' N ..."
00' W C)
Ordinance No. 017-2006 ("Ord. 017-2006"). ~;o~; _ ::0
~ ::;0
-; (i f- :x rT1
3. The final order for this Ordinance must be signed by June 23, 2006~;-i~ w g
G) .. :;:0
4. The purpose of the Ordinance is to protect the affordable housing sirck ~~ail~e 0
to moderate and median-income residents and the critical workforce.
5. Ordinance 017-2006 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. 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
DCA Final Order No.: DCA06-0R-133
State Concern. ~ 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 ofland. 9380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 017-2006 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 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 017-2006 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 of the area of
critical state concern designation.
(j) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
(I) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
I I. Ord. 017-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 017-2006 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 2 I 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-133
~
T D ER
State Pia i 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
MA TERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
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.
3
DCA Final Order No.: DCA06-0R-133
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 yorrect copies have been furnished
to the persons listed below by the method indicated this ~day o~, 2006.
/77 I
/ ! ..' i1JZ.-.
t / ,
,/\/. . .
,~ . Paula Ford, Age y Clerk
I
Bv 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-133
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 Delivery or Interagencv Mail:
Tracy D. Suber, Bureau of State Planning, DCA Ta\1ahassee
Rebecca Jetton, ACSC Administrator, DCA Ta\1ahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
5