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Ordinance 013-2002 ORDINANCE NO. 013 -2002 AN ORDINANCE AMENDING SECTION 9.5-266 (a)(6)c. AND d., AND SECTION 9.5-266 (a)(8)a., MONROE COUNTY CODE; CORRECTING A SCRIVENER'S ERROR IN ORDINANCE #003-2002 CONCERNING THE CHANGE IN THE LENGTH OF RESTRICTIVE COVENANTS TO FIFTY YEARS FOR AFFORDABLE HOUSING; PROVIDING FOR SEVERIBILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INC ORP ORA TION INTO THE MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance #003-2002, on January 17, 2002, with an amendment to Section 9.5-266 (b) (1) increasing to fifty (50) years the effective time for the restrictive covenant for employee or affordable housing; and WHEREAS, other sections of the text were not revised at the hearing to reflect the change adopted by Board and need to be now revised to reflect the legislative intent of the Board; 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. Paragraphs (6) c. and d. of Section 9.5-266(a), Monroe County Code, are amended to read as follows: c. The use of the affordable or employee housing dwelling unit is restricted for a period of at least fifty (50) 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 fifty (50) years; and Page 1 of3 Initials Employee Housing Section 2. Paragraph (8) a. of Section 9.5-266(a), Monroe County Code, is amended to read as follows: a. The use of the market rate housing dwelling unit is restricted for a period of at least fifty (50) years to households that derive at least seventy (70) percent of their household income from gainful employment in Monroe County; and Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. 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 7. The Director of Growth Management is hereby directed to forward a copy of this ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of Ordinances once this ordinance is in effect. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] Page 2 of3 Initials Employee Housing PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15th day of May , A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams yes yes yes yes absent BOARD OF COUNTY COMMISSIONERS :: MONROE CO~' FLORIDA Mayor Charles "Sonny" McCoy @~coj.~ ,~: '~~];::, I)" ~~v~". /:l'" r1 .~\:o, /J-<:'r \3 23 . '" I.:~ (... . '. ,'l!l-.... !fI81~~ ' ".\" "I ~l'i!'#:'-"" "1'1::i i ,t _ __ "J to \ -"", :;. ~ ~~ '-;~2~ ~~ t~~fl ~:1 , _~ ,"""_ ~~'J ~, " ')lll/VN".. ,..._- "'-_ .: --; ....--__,.~~ +^- 'f ~ ~ __Y" ~t~ ~ DANNY KOHLAGE, CLERK a~ Page 3 of3 Employee Housing BY Q I;ry, 'cS TO FORM ..'~.. ....u~2I9NcY~'{ 1 --t/C /0/ / Attorney's Office 3: ~ ~ .." 0 .--' ~ z J;>- ~ I ;;0 -,.. '- rTl oCJ=:- <= 0 tT' ~ :"< :z c)' r" I .." 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C') ;;: ", 0 (.,) ::0 N 0 Initials _ ' J GOUNTyc�;Y` ,s}QV`�e`),M Cz Oz;..°6�SG ° I 6' sti °Ecournr. sr CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 June 6, 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 9118 4387 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 013-2002 amending Section 9.5-266 (a)(6)c. and d., and Section 9.5-266(a)(8)a., Monroe County Code, correcting a scrivener's error in Ordinance 003-2002 concerning the change in the length of restrictive covenants to fifty years for affordable housing; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; 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. 014-2002 amending Section 9.5-247, Monroe County Code; providing for wastewater treatment facilities in commercial fishing special districts; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 15, 2002. Please file for record. Should you have any questions please feel free to contact me at(305)292-3550. i, Ordinance Nos. 013-2002 & 014-2002 June 6, 2002 Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: AV-4.4.t...ei-rZ Pamela G. ancock, Deputy Clerk • cc: County Administrator w/o documents Growth Management 1 U.S. Postal Service County Attorney CERTIFIED MAIL RECEIPT BOCC (Domestic Mail'Only;No Insurance Coverage Provided) __ File✓ ,t m Bureau of Administrative Code & Laws co Postage $ CCU ..—a,ST Cp o- Certified Fee PoH-`'. Return Receipt Fee / • O 3eJ� Ln (Endorsement Required) l• f-� 1 J?I - 2002 O Restricted Delivery Fee rm (Endorsement Required) O Total Postage&Fees ` •CI \ yrseroiCd Name(Plea Print CIq ly(to'•e vale d by r) m Mrs. siz G/08u• c.Wee (Yet & 014-2002) 13-• S rtftAPOPI goaiiiiaing o 'E.Wiraryzi-amines---St-r-ee-t,---Suite---L43 • ►`- Tallahassee FL J43 1 . PS Form 3800,July 1999 See Reverse forinstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY; V --- ■ Complete items 1,2,and 3.Also complete A. Received by(PleasePrint Clearly) B. Date of Delivery . item 4 if.Restricted Delivery is desired. GRACIE "'ENTON , ■ Print your name and address on the reverse C. SignatureQ.PARTIVIENT OFoSTATE so that we can return the card to you. r-� gent • Attach this card to the back of the mailpiece, X � 0 Addressee or on the front if space permits. D. Is delivery address different"from item'1? 0 Yes 1. Article Addressed to: If YES,enter delivery-address below: ❑No " Mrs. Liz Cloud, Chief <_- Bureau of Administrative Code The Collins Building 107 W Gaines Street, Suite L43 3 Service Type �., Tallahassee FL 32399-0250 p.ertified Mail 0 Express Mail (Ord. 013 & 014-2002) 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes '2. Article Number Cop from service Label) 05 7099 3400 00 9118 4387 102595.00-M-0952 ' PS Form-3811,July 1999 Domestic Return Receipt- ,. miiimi Fix)RIM RI Ti ' 04 o/3. 2.0oz KEYNOTcR Published Twice Weekly Marathon, Monroe County, Florida . I. PROOF OF PUBLICATION r no.3767100 --NOTICE OF INTENTION TO I CONSIDER ADOPTION OFF; t ' COUNTY ORDINANCE STATE OF FLORIDA Continued In the ;j 1 4.4.poumn r,e-. • ,d COUNTY OF MONROE -._ - . NOTICE IS HEREBY.GIVEN TO! WHOM IT MAY CONCERN that' I"'on''Wednesday,May-15, 2002 Before the undersigned authority person- at,5:01-PM•at the Key Largo Li-I allyappeared WAYNE MARKHAM who on brary,-Arad--rids; Shoonine; PP Center. Key', Largo,• Monroe County, Florida the Board of oath, says_ he is PUBLISHER-of..the :County Commissioners of Mon y - ----- ---- i oe County, Florida-intends to — --- FLORIDA KEYS KEYNOTER a twice considertheadoptionofthefol / -lowing County ordinance: y r weekly newspaper published in Marathon, AN ORDINANCE AMENDING G o -rl SECTION 9.5-266(a)(6)C.AND ��Z. V r in Monroe County, Florida: that the D., AND SECTION' 9.5-266 f' _—.0pp. _advertisement. was. . • ,_attached .copy (a)(8)A., -MONROE--COUNTY C�•= y. �1 1._.. ._.- .. .. . ._.CODE•.. SCRIVENER'S ERROR IN ORDF- published in said newspaper in the issues NANCE #003-2002. CON C/ N -q, (. .CERNING THE CHANGE IN THE CJ, of: (date(s) of publication) LENGTH _ OF RESTRICTIVE C_- CO -;COVENANTS TO FIFTY YEARS $`;Jam'' n ,•i~.OR AFFORDABLE-HOUSING; � C'. ////,n// I,//"J •PROVIDING FOR Severability;PROVIDING FOR THE ..((')t ? .70 /cif//v/�/{��`� ��� ...OF ALLL ORDINANCES NCON1- rri // SISTENT HEREWITH;PROVID- P"' ') . C) XI.ING -FOR THE INCORPORA- r,-) d • �'7 �f �,}/- .-J TION INTO THE- MONROE v (�// ! / !!!///��� COUNTY CODE; .DIRECTING THE CLERK OF-THE BOARD TO r' Q FORWARD A CERTIFIED COPY ' OF THIS ORDINANCE TO THE Affiant further says that the said FLORIDA —FLORIDA DEPARTMENT OF KEYS KEYNOTER is a newspaper published 'COMMUNITY AFFAIRS; AND, PROVIDING FOR'AN EFFEC- ' TIVE DATE - at Marathon, in said Monroe County, Pursuant to Section 286.0105; Florida, and that the said newspaper has Florida Statutes,,notice,is given that if a•person decides to ap- heretofore been continuouslypublished in peal.any decision made by the Board with respecVto any.mat- said Monroe County, Florida, twice each - ter considered at the(iearing,.h e will need a record.of the pro- ceedings;and that,for,such pur- week (on Wednesday and Saturday) and pose, he may need'to ensure . - that a verbatim"record of the has beenentered as a second class mail i proceedings is made,,which re-- ' i_ cord includes the testimony and matter at the post office in Marathon, in evidence upon which the appeal k •Is to be based. Monroe County, Florida, for a period of -Copies'of.the-above-referenced one year next preceding the first ordinance are available for re- view at the various public librar- publication of the attached copy of iesin Monroe County-Florida. Dated at-Key West,Florida,this advertisement. The affiant further says , 17th day.of April,2002. that he has neither paid nor promised any -• DANNY.L.KOLHAGE __clerk of the Circuit Court and ex • person, firm, or corporation any discount, -'offioioClerkoftheBoardof County Commissioners-of rebate, commission or refund for the - - Monroe County,Florida of securingthis advertisement for' ; Publish April 27,May 4,2002. purpose Florida Keys Keynoter - publication in the said newspaper(s) and � _ -- that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. . _ . Sw rn to nd s sc ibed before me this 7 ay J , 2002 --— ---------- (SEAL) // fF Ft° BEVERLY TRAEGER Ci'iatff-. `� 91 2003 c .YARY o &fly^AGVIf�EE�9. � �w PUBLIC x> No.OC 870a42 ota ry I ofJ perunaiiy mown t i Other I.D. i �/ -`M to3YfPoVESr Th.Redde Keys OnN Daffy NitsviipaPen Est 187e Cooke Communications,LLC Florida Keys • AdvertisingJoy Thomas Coordinator STATE OF FLORIDA PO Box 1800 COUNTY OF MONROE Key Vleit Office A 055---292 7777 Before the undersigned authority personally appeared Randy G.Erickson,who Extension..............4-0...x219 on oath says that he is Vice-President of Advertising r-Operations of the Key Fax. 3 55-29788 Ithomas@keysnews.com West Citizen, a daily newspaper published in Key West, in Monroe County, INTEERNET PUBLISHING Florida;that the attached copy of advertisement,being a legal notice in the keywesLkeysruewa.com matter of O- 74 oo.5-2o o z floridalteys.co � m .corn Web Design Services In the Court,was published in said newspaper in the NEWSPAPERS issues of a. e a-I a 8/ a o o a The CitizenSoultwn,noat Flyer - Sdares Hill B, arathon Pine Free Press e Affiant further says that the Key West Citizen is a newspaper published in Key Freelslamorade Free Press West, in said Monroe County, Florida and.that the said newspaper has Key Largo Free Press sOcean Reef Press heretofore been continuously published in said Monroe County, Florida every MAGAZINE and has been entered as second-class mail matter at the post office in Key West, The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first • Home CNizen�s Guide publication of the attached copy of advertisement; and affiant furthergsays tha -ri Paradise Keys TV Channel Guide he has neither paid nor promised any person, firm or corporation anndis ount� F MARKETING SERVICES rebate, commission or refund for the purpose of securing this adverti&meat fog o Commercial Citizen Locals Printing c a publication in the said newspaper. �;?s , -Ti Direct Mao pC). cn O -a FLORIDA KEYS OFFICES - -1 S _ n 3420Prin orm /on FacilityeKey Signature of A ant r' Fri33040-1800 D -- C Tel 305-292-7777 Fax 305-294-0768 Sworn and subscribed before me this / day of a.1 , 2002 Internet Division lJ 1201 Mite Street(Suite 103) Key West,FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 mles@tkeYwest.com .z%Annivait) Middle Keys Office . Joy('homas,Notary Public 6363 Overseas Hwy Marathon FL(MM 52.5) .;erttrra, s Tel 43.8768 ,�'` t.1f10 ) r f Fax 305-743-9977 -Z:°' "i..-° ''a . navigatorO8oridakeys.com Upper Keys Office Expires: July 23,2004 ,,,o yz 'ooQ su°° Notary Seal 81549 Old Hwy = ' ° - . PO Sax 469 0 Islamorada,FL(MM81.5) s o. ,,1 °G 5 e- _ kCC, Tel 305-664-226633036-0469 # I I �� Bosr �e.° Fax3056648411 �`° r%'F voc•4�z` freepress@floridakeys.com _/�� °'r. �eR !:;r Ocean Reef Office 3A Barracuda Lane Key Largo,FL 33037 Tel 11 Fax 305-367-2191 Personally Known x Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE . NOTICE IS HEREBY GIVEN TO i WHOM IT MAY CONCERN that on Wednesday, May 15, 2002 at 5:01 PM at the Key Largo Library, Trade- winds Shopping Center, Key Largo, Monroe County,Florida,the Board of " County Commissioners of Monroe ' County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING SEC- TION 9.5-266(A)(6)C.AND D.,AND , SECTION 9.5-266(A)(8)A.,MON • - ROE COUNTY CODE;CORRECT, ,ING A SCRIVENER'S ERROR IN ORDINANCE#003-2002 CON • - CERNING THE CHANGE IN THE LENGTH OF RESTRICTIVE COVE-- NANTS TO FIFTY YEARS FOR AF- FORDABLE HOUSING;PROVID- ING FOR SEVERABILITY;PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR THE INCORPORATION INTO THE MON- ROE COUNTY CODE;DIRECTING . THE CLERK OF THE BOARD TO . FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COM- , MUNITY AFFAIRS;AND,PROVID- ING FOR AN EFFECTIVE DATE i • Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if a I person decides to appeal any deci- sion made by the Board with respect to any matter considered at the hear- ing, he will need a record of the pro- ceedings,and that,for such purpose, i 1 ,,j he may need to'ensure that a verba- tim record of the proceedings is- - made,which record includes the tes- timony and evidence upon which the - appeal is.to be based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County,Florida. • Dated at Key West, Florida,this 17th day of April,2002 , DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County t Commis-Sin-.is of Monroe County, Florida April 21 &28,2002 - irrimANKEyti.s, • The Ronda Keys Only Daily Newspaper,Est.1878 Cooke Communications,LLC Florida Keys . Joy Thomas Achredising Coordinator STATE OF FLORIDA PO Box 1800 COUNTY OF MONROE Key West FI 33041 Office..........305-292-7777 Before the undersigned authority personally appeared Randy G. Erickson,who Extension x219 on oath says that he is Vice-President of AdvertisingOperations of the Fax.............305-294-0768 Y P Key ithomas@keysnews.com West Citizen,a daily newspaper published in Key West, in Monroe County, INTERNET PUBLISHING Florida;that the attached copy of advertisement,being a legal notice in the keyom matter of Q d... );"2./k e.,keysnewsrrews.com ��-r r-P/iti�, AP-[?.S ) tioridakeys.com key-westcom Web Design Services In the Court,was published in said newspaper in the NEWSPAPERS issues of h;�, oG/ QL c 8 o1C7U 1 • The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Affiant further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islarnorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press Ocean Reef Press heretofore been continuously published in said Monroe County, Florida every Seaport Log MAGAZINE and has been entered as second-class mail matter at the post office in Key West, The Menu hi said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide Citizen Local's Guide publication of the attached copy of advertisement; and affiant further says that Paradise Keys TV Channel Guide he has neither paid nor promised any person, firm or corporation any discount, MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing Citizen Locals Card publication in the said newspaper. Direct Mail FLORIDA KEYS OFFICES Printing/Main Facility • 3420 Northside Drive Signature of Affiant Key West,FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 ciC¢en@keywest.com Sworn and subscribed before me this 3 day of TY) , 2002 Internet DivIs 1201 White S -suite 1031ILl Key West,FL N ty, 330403328 CJ Tel 305-292-18 Fax 305-294-1698 Q_ sales@keywest.cQnl tY C •1U© •"Middle Keys�ttce Jo omas,Notary Public w 6363 Overseas Ft� 9- O Marathon,FL(F%02.5) 33050-3342 N Tel 305-743-876 Fax 305-743-997tf1.. navigator@tloridakeys.corn C'3 Upper Keys Office Expires: July 23, 2004 Notary Seal 81549 Old Hwy PO Box469 Ty44riS'4y rs Islamorada,FL(MMB1.5) a.. 1! I ciS rP�6f' 33036-0469 ,;. \o Tel 305-664-2266 °°ebSION Fax 305-664-8411 °° treepress@tloridakeys.com a ac� \y-`/ 2u0-��• Ocean Reef Office 3A Barracuda Lane Key Largo,FL 33037 s 4CC9`) 15 • C " Tel 305-367-4911 ° ma ° cL Fax 305367-2191 Personally Known x Produced Identification 9p°„ Tr° sV G�; �o-;' Type of Identification Produced •e', ° '`,:�'` NOTICE OF INTENTION TO CONSIDER . ADOPTION OF COUNTY ORDINANCE • NOTICE IS. HEREBY GIVEN TO • WHOM IT MAY CONCERN that on Wednesday, May 15, 2002-at 5:01' PM at the Key Largo Library,Trade- winds Shopping Center, Key Largo; Monroe County,Florida,the Board of County Commissioners of Monroe , County,Florida, intends to consider the adoption of.the following County ordinance: AN ORDINANCE AMENDING SEC: TION 9.5-266(A)(6)C.AND D.,AND / SECTION 9.5-266(A)(8)A.,MON- ' ROE COUNTY CODE;CORRECT- ING A SCRIVENER'S ERROR IN ORDINANCE#003-2002 CON- CERNING THE CHANGE IN THE LENGTH OF RESTRICTIVE COVE- ; NANTS TO FIFTY YEARS FOR AF- FORDABLE HOUSING;PROVID- ING FOR SEVERABILITY;PRO- VIDING FOR THE REPEAL OF ALL - ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR THE INCORPORATION INTO THE MON- . ROE COUNTY CODE;DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COM- MUNITY AFFAIRS;AND,PROVID- ING FOR AN EFFECTIVE DATE Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if a person decides to appeal any deci- sion made by the Board with respect to any matter considered at the hear- ing, he will need a record of the pro- ceedings,and that,for such purpose, he may need to ensure that a verba- tim record of the proceedings is made,which record includes the tes- ' timony and evidence upon which the . appeal is to be based. Copies of the above-referenced ordi nance are available for review at the, • various public libraries in Monroe , ' County,Florida. Dated at Key West, Florida,this 17th • day of April,2002 DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, • 'Florida April 21'&28,2002 - _ DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic SI. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampaIHillsborough County Preservation Board FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS RINGLING MUSEUM OF ART June 12,2002 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 June 6, 2002 and certified copies of Monroe County Ordinance Nos. 013-2002 and 014-2002, which were filed in this office on June 10, 2002. LC/mp Sincerely, Li~m~ Bureau of Administrative Code :r.: o CJ :z:: l> 2;n3: -,.... P'1::x;-' n' r- C? s.: . c: ;:u:;>, z. c: -; ("') f- ~,-j:J: ")> -., C) ;: fT1 I'-.,) c::::t c::::> I'-.,) L C Z ..." r- ,." o ..." o ::u ::0 rrl C"? o :::0 t::1 .....J ):a :x .c- o 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.statej/.us DCA Final Order No.: DCA02-0R-210 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~ o D :z Joo :;;oC")~ Or-- I"'" ;:Y.::_. ': n' r- on' c:=-..- z ;"" C) ):>> -{ f - -< C'") ~_ -""" . ;-I j; .." C") . . r- f"I'"' The Department of Community Affairs (the "Department") hereby issues its ~al 6rd~ In re: MONROE COUNTY LAND DEVELOPMENT REGULA nONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 013-2002 FINAL ORDER pursuant to ~~ 380.05(6) and (11), Fla. Stat., and ~ 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 June 11,2002, the Department received for review Monroe County Ordinance No. 013-2002 which was adopted by the Monroe County Board of County Commissioners on May 15,2002 ( "Ord. 013-2002"). Ord. 013-2002 corrects a scrivener's errorin previously adopted Ordinance 003-2002 to increase the effective time for restrictive covenants for employee and affordable housing from 30 years to 50 years. 3. Ord. 013-2002 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 1'0> = = t...;) x- c: G1 I ." r ITl CJ ." o :::0 :::a rr, o o :;:.0 (:) State Concern. 99380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2001). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. 9380.0552, 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. 9380.031(8), Fla. Stat. (2001). The regulations adopted by Ord. 013-2002 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 9380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), affd, 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. 013-2002 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. (j) To make available adequate affordable housing for all sectors of the population of the Florida Keys. 9. Ord. 013-2002 is not inconsistent with the remaining Principles. Ord. 013-2002 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 013-2002 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 ~ S NNY TIMMERMAN, 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 AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATNE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE 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 III, FLORIDA ADMINISTRA TNE CODE. IN AN INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATNE, 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 ADMINISTRATNE HEARING BEFORE AN ADMINISTRATNE LAW JUDGE OF THE DNISION OF ADMINISTRA TNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRA TNE CODE. AT A FORMAL ADMINISTRA TNE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, 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 tru.n'YlU:orrect copies have been furnished to the persons listed below by the method indicated this it}a- day of July, 2002. //t)~L~~ f,;;<-/'paUla Ford, Agency Cferk ByU.S. Mail: Honorable Charles "Sonny" McCoy 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 By Hand Delivery or Interagency Mail: Jim Quinn, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee