Ordinance 003-2002
ORDINANCE NO. 003 -2002
AN ORDINANCE AMENDING THE MONROE
COUNTY CODE SECTIONS 9,5-4, 9,5-266, 9,5-284,
9,5-232,9.4-235,9,5-248,9.5-249, AND 9,5-250,
PROVIDING FOR THE SEVERIBILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR THE
INCORPORATION INTO THE MONROE COUNTY
CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF
THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Monroe County is a geographically unique and impacted area that is
dependent on bridges and causeways for connection to the mainland and is subject to growth
restrictions relating to hurricane evacuation requirements; and
WHEREAS, Monroe County is an environmentally sensitive region that is home to
numerous protected and endangered species of flora and fauna; and
WHEREAS, there are few areas appropriately zoned to accommodate moderate to high
density housing developments; and
WHEREAS, due to Monroe County's vulnerability to hurricane and tropical storm
damage, Monroe County has one of the most restrictive building codes, which in turn greatly
increases the cost of building homes in the County; and
WHEREAS, Several affordable housing initiatives, such as those proposed by the Blue
Ribbon Committee in 1999 and the DCA sponsored Affordable Housing Summit in 200 I,
proposed changes to encourage the construction of affordable housing; and
WHEREAS, the Board of County Commissioners in March 200 I approved conceptually
a 20 Year Plan, proposed by Commissioner Williams to implement a long range "end-game"
approach to land acquisition, build out and affordable housing in Monroe County; and
WHEREAS, The Monroe County Growth Management Division staff prepared a
response to the Board of County Commissioners on June 19, 2001 recommending, among other
things, that affordable housing be an allowable use in the Suburban Commercial zoning district
and to allow a mix of market rate and affordable housing units; and
WHEREAS, Policy 601.1.12 of Monroe County Year 2010 Comprehensive Plan states:
"Monroe County shall adopt Land Development Regulations which may include density
bonuses, impact fee waiver programs and other possible regulations to encourage affordable
housing"; and
WHEREAS, Policy 601.2 of the 2010 Plan requires Monroe County to encourage
housing of various types, sizes and price ranges to meet the needs of residents; and
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WHEREAS, the Development Review Committee on October 4, 2001, reviewed the legal
authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meetings held on October 10, October 23, and November 7,
2001, the Monroe County Planning Commission conducted a public hearing on the proposed text,
and recommended approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
l. The staff report prepared on November 18, 2001 by K. Marlene Conaway, Director,
Planning and Environmental Resources,
2, Proposed changes to the Monroe County Land Development Regulations,
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. THE MONROE COUNTY CODE SECTIONS 9,5-4, 9,5-
266, 9,5-284, 9,5-232, 9.4-235, 9,5-248, 9,5-249, AND 9,5-250, is hereby
amended to include the following:
. Revise definition of Commercial Apartment.
Sec. 9.5-4 (C-ll): Commercial apartment means an attached or detached residential
dwelling unit located on the same parcel of land as a non-residential use that is intended to
serve as permanent housing for the owner or employees of that nonresidential use, Tourist
housing use or vacation rental use of commercial apartments is prohibited.
· Revise definition of Employee Housing.
Sec. 9.5-4 (E-l): Employee housing means an attached or detached dwelling unit that is
intended to serve as affordable, permanent housing for working households, which derive at
least seventy (70) percent of their household income from gainful employment in Monroe
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County and meet the requirements for affordable housing as per sections 9.5-4 (A-5) and 9,5-
266.
. Create a definition for Market Rate Housing.
Sec. 9.5-4 (M-7): Market rate housing means an attached or detached dwelling unit that is
intended to serve as permanent housing for households not eligible for affordable or
employee housing under this chapter,
. Revise Section 9.5-266 to include provIsions for employee housing and mixed
affordable/market housing and other needed content and editorial changes.
Sec. 9.5-266. Affordable and employee housing; administration:
(a) Affordable and employee housing:
(1) Notwithstanding the density limitations in section 9,5-262, the owner of a parcel of land
shall be entitled to:
a, Develop affordable and employee housing as defined in section 9.5-4(A-5), on
parcels of land classified as Urban Residential (UR) at an intensity up to a maximum
net residential density of twenty-five (25) dwelling units per acre and on parcels of
land classified as Mixed Use (MU) at an intensity up to a maximum net residential
density of eighteen (18) dwelling units per acre,
b. Develop employee housing as defined in sec. 9,5-4 (E-l) on parcels ofland classified
as Suburban Commercial (SC) at an intensity up to a maximum net residential
density of fifteen (15) dwelling units per acre and on parcels ofland classified as
Urban Residential (UR) at an intensity up to a maximum net residential density of
twenty-five (25) dwelling units per acre,
c. Develop market rate housing, as defined in section 9.5-4 (M-7), as part of an
affordable or employee housing project in accordance with paragraph (8) below,
provided that on parcels of land classified as Urban Residential (UR), the maximum
net residential density shall not be greater than eighteen (18) dwelling units per acre,
(2) The maximum net residential density allowed per district and by this section shall not
require transferable development rights (TDR) for affordable and employee housing and
market rate housing developed in accordance with paragraph (8) below.
(3) Market rate housing developed in accordance with paragraph (8) below shall be eligible
to receive points as affordable housing under section 9,5-122.3 (a)(6),
(4) The requirements of this chapter for the provision of impact fees shall be waived for
affordable and employee housing and any market rate housing developed in accordance
with paragraph (8) below,
(5) Notwithstanding the provisions of sections 9,5-261 through 9,5-270, some or all of any
lawfully established nonresidential floor area situated on a parcel of at least one (1) gross
acre containing affordable or employee housing shall be excluded from the calculation of
the total gross of development allowed on the parcel. For purposes of this exclusion a
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floor area ratio of twenty-five (25) percent shall be assumed, The exclusion of floor area
shall be in accordance with the following criteria:
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 ofland is two or more (2) 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.
(6) In order for the owner of a parcel of land to be entitled to the incentives for affordable or
employee housing outlined in this section and division 1,5, article IV, the owner must
ensure that:
a, The use of the affordable housing dwelling unit is restricted to households that meet
the adjusted gross annual income limits for median-income as defined in section 9,5-
4 (A-5); and
b. If the affordable housing dwelling unit is designated 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); and
c, The use of the affordable or employee housing dwelling unit is restricted for a period
of at least thirty (30) years to households that meet the requirements of paragraph (6)
a.or(6)b,above;and
d, The size of the affordable or employee housing dwelling unit is limited by a
condition to be placed on the development permit which restricts the habitable space
of the unit to a maximum of one thousand three hundred (1,300) square feet for a
period of at least thirty (30) years; and
e, Tourist housing use or vacation rental use of affordable or employee housing units is
prohibited.
f. The parcel of land proposed for development of affordable or employee housing shall
not qualify for negative points under Section 9,5-122(a)(7), (8) or (9) however
properties designated IS-D, UR, URM or URM-L shall be exempt from this
prohibition.
(7) Commercial apartment dwelling units, as defined in section 9.5-4 (C-ll), shall only be
eligible for the incentives outlined in this section if they meet the requirements of
paragraph (6) above for employee housing,
(8) If an affordable or employee housing project or an eligible commercial apartment(s)
designated for employee housing contain(s) at least five 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
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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; and
b, Tourist housing use and vacation rental use of the market rate dwelling unit is
prohibited.
(9) Market rate housing dwelling units are not restricted to the thirteen hundred (1,300)
square feet limitation on habitable space for affordable and employee housing,
. Delete existing subsections 9.5-266 (b) and (c).
. Move administrative and compliance provisions from Section 266 (a) to Section
266 (b).
(b) Administration and Compliance:
(1) Before any certificate of occupancy may be issued for any structure, portion or phase of a
project subject to this section, restrictive covenants(s) shall be filed in the Official
Records of Monroe County to ensure compliance with the provisions of this section
running in favor of Monroe County and enforceable by the County, The covenant(s)
shall be effective for at least fifty years, but shall not commence running until a
certificate of occupancy has been issued by the building official for the dwelling unit or
dwelling units to which the covenant or covenants apply,
(2) Restrictive covenants for housing subject to the provisions of this section shall be filed
that require compliance with the following:
a. Restricting affordable housing dwelling units to households meeting the lllcome
requirements of section 9,5-266 (a)(6)a,
b, Restricting employee housing dwelling units to households meeting the income and
employment requirements of section 9,5-266 (a)(6)b,
c, Restricting market rate housing dwelling units to households meeting the
employment requirements of section 9,5-266 (a)(8)a,
d, Restricting affordable and employee housing dwelling units to no more than thirteen
hundred (1,300) square feet of habitable space,
e, Prohibiting tourist housing use or vacation rental use of any housing developed under
the provisions of this section,
(3) The eligibility of a potential owner-occupier or renter of an affordable, employee or
market rate housing dwelling unit, developed as part of an employee or affordable
housing project1 shall be determined by the planning department upon submittal of an
affidavit of qualification to the planning department. The form of the affidavit shall be
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in a form prescribed by the planning department. This eligibility shall be determined by
the planning department as follows:
a, At the time the potential owner either applies for affordable housing ROGO
allocation, or applies to purchase a unit that utilized affordable housing ROGO
allocation; or
b, At the time the potential renter applies to occupy a residential unit that utilized an
affordable ROGO allocation,
(4) Except as provided in paragraph (5) below, the property owner of each affordable
employee or market rate housing dwelling unit, developed as part of an affordable or
employee housing project, shall be required to annually submit an affidavit of
qualification to the planning department verifying that the applicable employment and
income requirements of paragraph (2) above are met. The annual affidavit of
qualification shall be in a form prescribed by the planning director and shall be filed by
the property owner upon receiving written notification by certified mail from the
planning department,
(5) The owner-occupant of an affordable, employee, or market rate housing dwelling unit,
developed as part of an affordable or employee housing project, who has received a
homestead exemption as provided for under the Florida Statutes, is not required to submit
an annual affidavit of qualification as required above in paragraph (4) if that owner-
occupant was qualified previously by the planning department. Prior to any change in
ownership (including, but not limited to: sale, assignment, devise, or otherwise), the
owner-occupant shall be required to provide documentation to the planning department in
a form prescribed by the planning director proving that the potential occupying household
is eligible to occupy that unit prior to a change in ownership of the property,
(6) Failure to submit the required annual verification as required in paragraph (4) above or
failure to provide documentation prior to change in ownership required in paragraph
(5) above shall constitute a violation of the restrictive covenant, the conditions of the
certificate of occupancy and this chapter,
. Delete Section 9.5-284(e) that addresses commercial apartment development standards.
· Revise Section 9.5-232 to restrict commercial apartments in the Urban Commercial
District.
(a) The following uses are permitted as of right in the Urban Commercial District:
(4) Commercial apartments involving less than six (6) dwelling units;
(b) The following uses are permitted as minor conditional uses in the Urban Commercial
District, subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving six (6) to eighteen (18) dwelling units, provided that:
a, The hours of operation of the commercial uses are compatible with residential uses;
and [remainder of text is unchanged.]
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. Revise Section 9.5-235 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Sub Urban Commercial District and
restrict the use of commercial apartments.
(a) The following uses are permitted as of right in the Sub Urban Commercial District:
(3) Commercial apartments involving less than six (6) dwelling units in;
(14)Attached and unattached residential dwellings involving less than SIX (6) units,
designated as employee housing as provided for in section 9,5-266.
(b) The following uses are permitted as minor conditional uses in the Sub Urban Commercial
District, subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving six (6) to eighteen (18) dwelling units, provided that:
a, The hours of operation of the commercial uses are compatible with residential uses;
and [remainder of text is unchanged.]
(11) Attached and unattached residential dwellings involving six (6) to eighteen (18) units,
designated as employee housing as provided for in section 9,5-266,
(c) The following uses are permitted as major conditional uses in the Sub Urban Commercial
District subject to the standards and procedures set forth in article III, division 3:
(9) Attached and unattached residential dwellings involving more than eighteen (18) units,
designated as employee housing as provided for in section 9,5-266,
. Revise Section 9.5-248 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Mixed Use District and to restrict use
of commercial apartments.
(a) The following uses are permitted as of right in the Mixed Use District:
(18)Attached and unattached residential dwellings involving less than SIX (6) units,
designated as employee housing as provided for in section 9,5-266,
(b) The following uses are permitted as minor conditional uses in the Mixed Use District,
subject to the standards and procedures set forth in article III, division 3:
(5) Commercial apartments involving six (6) to eighteen (18) dwelling units, provided that:
[remainder of text is unchanged,]
a. The hours of operation of the commercial uses are compatible with residential uses;
and [remainder of text is unchanged,]
(12)Attached and unattached residential dwellings involving six (6) to eighteen (18) units,
designated as employee housing as provided for in section 9,5-266.
(c) The following uses are permitted as major conditional uses in the Mixed Use District,
subject to the standards and procedures set forth in article III, division 3:
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(12)Attached and unattached residential dwellings involving more than eighteen (18) units,
designated as employee housing as provided for in section 9,5-266.
. Revise Section 9.5-249 to eliminate commercial apartments of six or more units in the
Industrial District.
(b) The following uses are permitted as minor conditional uses in the Industrial District,
subject to the standards and procedures set forth in article III, division 3:
. Revise Section 9.5-250 to eliminate commercial apartments of six or more units in the
Maritime Industries District.
(b) The following uses are permitted as minor conditional uses in the Maritime Industries
District, subject to the standards and procedures set forth in article III, division 3:
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity,
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. 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 Administrative Commission approving the ordinance,
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes,
Section 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17 th day of January , A,D" 2002,
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
yes
yes
yes
yea
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN , FLORIDA
BY
Mayor Charles" onny" McCoy
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 12, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400 0005 91187470
Dear Mrs, Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 001-2002 amending the Monroe County Code by the amendment of text
to Sec. 9.5-120,5; providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date,
Ordinance No. 002-2002 amending the Monroe County Code by the addition of text to
Sec. 9,5-309 fences; providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date,
Ordinance No. 003-2002 amending the Monroe County Code Sections 9.5-4, 9,5-266,
9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250, providing for the severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation
into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of
this Ordinance to the Florida Department of Community Affairs and providing an effective date,
4 .
. ,
Ordinance No. 001-2002 to 003-2002
February 12, 2002 •
•
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on January 17, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
•
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commis ioners •
by: Cf
Pamela G. ancock, Deputy Clerk
Cc: County Administrator w/o documents t U.S. Postal Service
Growth Management CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
County Attorney o
BOCC Article Sent To:
File N Mrs. Liz Cloud (ORD.001 to 003-2002)
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PS Form 3800,July 1999 See.Reverse.for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
e Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse (3R.ACIF PENT•N '
• so that we can return the card to you. c.BEPARTMENT OF STATE
• Attach this card to the back of the mailpiece, X gent '
or on the front if space permits. 0 Addressee .
1. Article Addressed to: D. Is delivery address different fto5ir item 1? 0 Yes
If YES,enter deliveryaddreLselow: El No
Mrs. Liz Cloud • ri . I
Bureau of Administrative Code - = cu nil
The Collins ;Building :27.1 ,� , (`) .
107 W Gaines Street, Suite •L43 Ca , 'i .
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• 0 Insured Mail ❑ C.OJ4.
•- 4. Restricted Delivery?(Extra Fee) 0 Yes
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Ejections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERV A nON BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARrMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 18, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated February 12, 2002 and certified copies of Monroe County
Ordinance Nos. 001-2002 through 003-2002, which were filed in this office on
February 15,2002,
LC/mp
Sincerely,
Li~e~
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state,jl.us
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DCA Final Order No.: DCA02-0R-082
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 003-2002
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2001), 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 February 25, 2002, the Department received for review Monroe County Ordinance
No. 003-2002 which was adopted by the Monroe County Board of County Commissioners on
January 17, 2001 ("Ord. 003-2002"). Ord. 003-2002 amends several sections of the Monroe
County Code to address issues relating to affordable housing, employee housing, and commercial
apartments.
3. Ord. 003-2002 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. 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, ~~ 380.05(6) and (11), Fla, Stat" and ~ 380.0552(9), Fla, Stat, (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6, "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat, (2001). The regulations
adopted by Ord. 003-2002 are land development regulations.
7. 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 ~ 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.
8. Ord. 003-2002 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.
(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.
CD To make available affordable housing for all sectors ofthe
population of the Florida Keys.
9. Ord. 003-2002 is not inconsistent with the remaining Principles. Ord. 003-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 003-2002 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, E
SONNY TlMMERMAN, DIRECTOR
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 ADMINISTRATNE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE ENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRA TNE
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
ADMINISTRATNE 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 ill, FLORIDA ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRATNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT A TNE, 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 mSTIF'Y 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 IT, 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
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 I ~ay of March, 2002.
By U.S. Mail:
,,~.~~
t Paula Ford, Agency Cleri<U
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee