03/26/02 WED 13:15 FAX 3052892442 DCA MARATHON Booz O2- 1427 6M GO go DCA Final Order No.: DCA02-OR-0665) 5 [°° © 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Inre:) ALAND DEVELOPMENT REGULATION ADOPTED BY ISLAMORADA, VILLAGE OF ISLANDS ORDINANCE NO. 02-05 MAR 4 2002 FINAL ORDER The Department of Community Affairs (the “Department”) hereby issues its Final Order, 7 pursuant to §§ 380.05(6) and (11), Fla. Star., 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 ACT 1. On February 4, 2002, the Department received for review Islamorada, Village of Islands Ordinance No. 02-05 which was adopted by the Village Council on January 24, 2002 (“Ord, 02-05”). Ord. 02-05 establishes regulations for the transfer of development rights between properties within the Village to aid in the protection of the natural environment and community character of the Village, the protection of private property nights, and the preservation and appropriate redevelopment of Village neighborhoods. 2. Ord. 02-05 is consistent with the Village Comprehensive Plan. CONCLUSIONS OF LAW 3. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical State Concern.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). 03/20/02 WED 13:15 FAX 3052892442 DCA MARATHON @joo3 4. Islamorada, Village of Istands 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. 5. “Land development regulations” include Jocal zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8), Fila, Star. (2001). The regulations adopted by Ord. 02-05 are land development regulations. 6. All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the “Principles”). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. § 380.0552(7), Fla. Stat. (2001). 7. Ordinance 02-05 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 concem designation. | (b) To protect shoreline and marine resources including . mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (j) To make available affordable housing for all sectors of the population of the Florida Keys. §. Ordinance 02-05 is not inconsistent with the remaining Principles. Ord. 02-05 is consistent with the Principles for Guiding Development as a whole. 03/20/02 WED 13:16 FAX 3052892442 DCA MARATHON @oo4 WHEREFORE, IT IS ORDERED that Ord. 02-05 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concer, and is hereby APPROVED. This Ordcr becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. if RMAN, DIRECTOR Division of Community Planning Deparment of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF ADMINISTRATIVE HTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY’S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. 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 I], 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 VslZU/UL WEY LOS 16 FAA 3052892442 DCA MARATHON DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND I, 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 JS 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. ERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing Final Order has been filed with oo5 the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct om copies-have been furnished to the persons listed below by the method indicated this 7 ch, 2002. fe aula Ford, Agenty Clerk ay of ver eusue WEY 29:10 FAA 3UadouL4a4as DUA MAKATHUN 1g) 008 By U.S. Mail: Honorable Frank Kulisky, Mayor Islamorada, Village of Islands Post Office Box 568 Islamorada, FL 33036 Caro] Simpkins, Village Clerk Islamorada, Village of Islands Post Office Box 568 Islamorada, FL 33036 John Herin, Esq. Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Miami, FL 33133 By Hand Delivery or Interagency Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Flonda Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee vee anna WEYL je Gere I FER -4 3 | : 4 7092 u | AN ORDINANCE OF ISLAMORADA, VILLAGK _¢ OF ISLANDS, FLORIDA, ESTABLISHING DIVISION 4.11, “TRANSFER OF DEVELOPMENT RIGHTS,” OF ARTICLE 4, CHAPTER 9.5, “LAND DEVELOPMENT REGULATIONS” OF THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL CODE PROVISIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR THE TRANSMITTAL OF ‘THIS ORDINANCE TO THE STATE DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL OF THIS ORDINANCE BY THE STATE DEPARTMENT OF COMMUNITY AFFAIRS. ORDINANCE NO. 02-05 ry WHEREAS, Islamorada, Village of Islands, Florida (the “Village”) finds that regulations establishing a program for transfer of development rights between properties within the Village will aid in the protection of the natural environment and community character of the Village, the protection of individual property rights, and the preservation and appropriate redevelopment of Village neighborhoods; and WHEREAS, the Village Planning Commission, sitting in its capacity as the Local Planning Agency, has reviewed this Ordinance in accordance with the requirements of Chapter 163, Florida Statutes; and WHEREAS, the provisions of this Ordinance are consistent with the Village Comprehensive Plan and the principles for guiding development in the Florida Keys Area of Critical State Concern. vv ee ve a ae 2 0 2 ¥YVA MANALOUIN NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS: Section 1. Transfer of Development Rights. Division 4.11, “Transfer of Development Rights,” of Article IV, “Administrative Procedures” of Chapter 9.5, “Land Development Regulations” of the Village Code is hereby created to read as follows: Division 4.11 ‘Transfer of Development Rights Section 4.11.1. Jzent and Purpose. It is the intent and purpose of this division to permit and regulate the transfer of development rights between properties within the Village in order to preserve environmentally sensitive lands, cncourage appropriate redevelopment, encourage affordable housing, and protect private property rights. Section 4.11.2. Transfer of Residential Development Rights - Generally. All residential development rights cstablished in this chapter shall be transferable in whole or in part from one parcel of Jand to any other, including the transfer of transient rental units, provided that each of the following standards are met: (a) Both sender and receiver sites shall be in zoning districts that permit residential uses, except that density may be transferred from Conservation district sites. (b) The structure cannot be placed in a VE flood zone on the receiver site. (c) The receiver site shall be less environmentally sensitive than the sender site, according to a habitat analysis conducted pursuant to section 7.3 of this chapter, and pursuant to the transfer criteria and habitat classifications of this paragraph. The Planning and ~ Development Services Director may waive or limit the requirement for a habitat analysis where the portion of the receiver site to be impacted is scarified. 2 008 ver eure Ney ave at TAA VUUCOBE4EE VLA JANALBUN a) (2) Transfer Criteria. a. Transfer shall be permitted from Class I parcels to Class I or Class Il parcels; b. Transfer shall be permitted from Class II parcels to less environmentally sensitive Class II or Class TI parcels; and c. Transfer shall be permitted from Class JI] parcels to less environmentally sensitive Class IM parcels. The classification system shall be as follows: Class I Saltmarsh or buttonwood association wetlands Beach or berm High hammock (high quality) Low hammock (high quality) High hammock (moderate quality) Low hammock (moderate quality) High hammock (low quality) Low hammock (low quality) Class I Disturbed beach or berm Disturbed with salt marsh or buttonwood association wetlands (lawfully converted to disturbed uplands) Disturbed with high hammock Disturbed with low hammock Class J Disturbed; and Dismrbed with exotics. (d) ‘The receiver site shall be located in the same or less restrictive Comprehensive Plan Future Land Use category than the sender site, except that development rights for wove VVlmevi ve oes due at SAA VV ULO FE S4e VUA MANALHUN ido10 affordable residential units located on a Residential High (RH) sender site may be transferred to a Residential Medium (RM) receiver site. (e) Eligible receiver sites shall demonstrate compliance with all applicable criteria set forth in this chapter. (f) The uansfer of development rights pursuant to this division to remove units or building permits from a parcel shall result in a permanent reduction of density on the sender site, and no additional units to those cxisting after the transfer shall be permitted on the sender parcel. Each transfer under this division shall require that a Declaration of Covenants, Conditions and Restrictions be placed on the sender site, restricting densities to no more than the number of units remaining on the sender site after the transfer takes place. If no density remains, a Grant of Conservation Easement Agreement (GOCEA) shall be placed by the owner of the sender site on the property that restricts all further development rights, and the site shall be restored pursuant to a restoration plan approved by the Director. Provided, however, that where the sender site is within a platted subdivision and the lot is a Class UWI or fess environmentally sensitive Class [f lot, such lot may retain rights to build nonhabitable accessory structures as may be permitted by the Village, subject to the clustering provisions of this chapter. (g) The folfowing restrictions on residential and transient transfers shal! apply: 1. Transient units shall be transferable to transient units, market rate units or affordable units; and 2. Market rate units shall be transferable to market rate units or affordable units. VUl mere Wh Ue LO FAR OURLONCEEL VUA MAKALHUN oir (h) Afforduble units, including mobile homes from approved mobife home parks, shall be transferable only to another affordable unit. Section 4.11.3. Nonresidential Unit Transfers. The transfer of nonresidentia! square footage shall be subject to each of the following standards. (a) All properties designated Mixed Use (MU) in the Future Land Use category of the Comprehensive Plan and zoned for commercial uses (VC, TC, CF, MR, HC and NC) shall be cligible as sender and recciver sites for transfers of commercial square footage, except no receiver sites shall be located in Class I habitat. (b) All properties designated Industrial in the Future Land Use category of the Comprehensive Plan and zoned for industrial use shall be eligible as sender and recciver sites for transfers of industrial square footage, except no receiver sites shall be located in Class I habitat, Vacant properties designated Mixed Use in the Future Land Use category of the Comprehensive Plan, and which are located outside of Village Activity Centers as designated in the Comprehensive Plan, may transfer the right to one residential unit, provided that a Declaration of Covenants, Conditions and Restrictions shall be placed on the vacant sender site restricting all future development on the sender site to no further development. (c) A Declaration of Covenants, Conditions and Restrictions recorded with the Monroe County Clerk of the Court, at the applicant’s expense, shall be placed on the sender site, which declaration shall restrict all future development on the sender site to redevelopment j only and limit the nonresidential square footage to no more than the non-residential square footage remaining following the transfer, and the site shall be restored pursuant to a restoration plan approved by the Director. 03/20/02 WED 13:18 FAX 3052892442 DCA MARATHON (d) As a condition of the transfer, eligible receiver sites shall demonstrate compliance with all applicable criteria set forth in this chapter. Section 4.11.4. Procedure. The transfer of development rights shall be carried out as follows: (a) | The owner of a parcel of land who transfers density allocated to his property shall prepare an affidavit of ownership and an affidavit of intent to transfer in conformance with a form provided by the Director of the Planning and Development Services Department. The attidavits shall be filed with the Director at least thirty (30) days prior to the submission of an application for conditional use approval that involves the use of a transferred development right. (b) The document evidencing the. transfer of development rights shall be substantially in the form and substance as a sample deed provided by the Director. (c) The owner of any parce) of fand may transfer any development rights allocated to his parcel of land at any time to any person; however, the use rights and the value thereof shall be deemed for taxation and all other purposes to be appurtenant to the Jand from which the Tights are transferred until a development order is issued authorizing use of the transferred density. (d) For acreage tracts where development rights will remain on the parcel, a survey shall be submitted indicating the location of the transferred development rights which shall be recorded with the Declaration of Covenants, Conditions and Restrictions. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason 6 vureusud Wee Lell8 FAA vu0ZcO¥zZ4aZ DUA HARATHUN be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Scction 3. Repeal of Conflicting Provisions. The provisions of the Village Code and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. ‘Inclusion in the Code, It is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Islamorada, Village of Islands, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish to such intentions, and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 5. Approval by the State Department of Community Affairs. The provisions of this Ordinance constitute a “land development regulation” as State law defines that term. Accordingly, the Village Clerk is authorized to forward a copy of this Ordinance to the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and (11), Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective immediately upon approval by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes. \go13 vor evsue Why 20540 FAA JUDZ6uzZaaZ DCA MARATHON @o14 The foregoing Ordinance was offered by Councilmember Geisler, who moved its adoption on first reading. This motion was seconded by Councilmember Gregg, and upon being put to a vote, the vote was as follows: Mayor Frank R. Kulisky YES Vice Mayor Ron Levy YES Councilman George Geisler YES Councilman James V. Mooney YES Councilman Mark Gregg YES ‘fhe foregoing Ordinance was offered. by Vice Mayor Levy, who moved for its adoption. This motion was seconded by Councilmember Gregg, and upon being put to a vote, the vote was as follows: Mayor Frank R. Kulisky YES \ Vice Mayor Ron Levy YES Councilman George Geisler YES Councilman James V. Mooney ABSENT Councilman Mark Gregg YES PASSED on first reading this 20" day of December, 2001. PASSED AND ADOPTED on second Teading this 24th day of January, 2002. ATTEST: VILLAGE CLERK APP! i ROVED AS TQ LEGAL SUFFICIENCY: Eb COPY OF ORIGINAL CERTIFI Pete ; Ly " BEVERLY GA ATL, WILLAGE © RK

Docket for Case No: 02-001427GM