Aug & 2006 15:39 DCA GENERAL COUNSEL ; PAGE 12/28 8/ae/2686 15:39 B589222679 re . . a NROE: ATT 07-21-2006 12/20 10520223516 MONROE COUNTY ATT 02:05:16 p.m, DCA Final Order No.: DCAQ6-OR-157 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFF: REG ET Y JUL - 5 2006 Inte: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO, 015-2006 paren ; GROWTH MANAGEMENT DIVISION FINAL ORDER The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to § 380.05(6), Fla. Stat., and § 380,0552(9), Fla, Star, (2005), rejecting 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 Koys Area is a statutorily designated area of critical state coricem, and Monroe County is 2 local government within the F lorida Keys Area, 2. - On May 22, 2006, the Department received for review Monroe County Ordinance No. 015-2006 (“Ord. 015-2006", | 3. The final order for this Ordinance must be signed by July 20, 2006, 4, The purpose of the Ordinance is to amend the definitions section of the Monroe County Land Development Regulations to add “dwelling, density bonus unit” and “dwelling, haif unit,” to the definitions, thereby allowing an award to a site if the units are 750 Square feet in size, " . . . 5. Ordinance 015-2006 is inconsistent with the 2010 Monroe County Comprehensive Plan. Sections 9.5-4(D-31)(a) (“dwelling, density bonus unit”), 9.5-4(D-3 ijtb) (“dwelling, half unit”), and 9,5-262 are inconsistent-with Comprehensive Plan Policy 101,4,21, Future Land Use Densities and Intensities, That policy describes development in terms of dwelling units per acre, The plan does not address half allocations or density bonuses for half EXHIBIT i “gi Aug & 2006 15:39 DCA GENERAL COUNSEL 02.05.40 p.m O7-24-2006 13/20 PAGE 13/28 ge/@e/ 2886 16:39 B589222679 052923516 MONROE COUNTY ATT DCA Final Order No.: DCAQ6-OR-157 ‘ allocations. No basis has been established within the Comprehensive Plan for half of a dwelling unit. 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 The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6), Fla, Stat., and § 380.0552(9), Fla. Stat. (2005). 7. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Staz. (2005) and Rule 28-29.002 (superseding Chapter 27F-8), fla. Admin, Code. 8. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.03 1{8), Fla, Stat. (2005). The regulations adopted by Ord. 015-2006 are land development regulations. 9. All land development regulations enacted, amended, or rescinded within an area of critical state concer must be consistent with the Principles for Guiding Development (the “Principtes”) 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, 10. Ord. 015-2006 is inconsistent with the following Principles: {a) To strengthen local government capabilities for managing land use and development go that Jocal government is able to achieve these objectives without the continuation of the area of critical state concern designation. (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (}) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resoutce. 11. Ord. 015-2006 is inconsistent with the Principles for Guiding Development aa a 2 Aug & 2006 15:39 DCA GENERAL COUNSEL __PAGE 14/28 ae/es/2ee6 15:99 | sseag222679 sno “es coo cneieme eerie Een ° 02.06.06 p.m 07-21-2006 14/20 1052023516 MONROE COUNTY ATT DCA Final Order No.: DCA06-OR-157 whole, 12. Ordinance 015-2006 is inconsistent with the 2010 Monroe County Comprehensive Plan, WHEREFORE, IT IS ORDERED that Ord, 015-2006 is found to be inconsistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concer, and is hereby REJECTED. This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. 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 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 IAND Tl, FLORIDA ADMINISTRATIVE CODE, IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT Aug & 2006 15:40 ge/@e/ 2886 16:39 B589222679 DCA GENERAL COUNSEL 1052923516 MONROE COUNTY ATT 02:06:32 p.m 07-21-2006 DCA Final Order No.: DCA06-OR-157 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 THR 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 120.37(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE, AT A FORMAL ADMINISTRATIVE HEARING, YQU 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 FETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER, . PAGE 15/28 15/20 Aug & 2006 15:40 ge/@e/ 2886 16:39 B589222679 DCA GENERAL COUNSEL PAGE 16/28 9052923516 MONROE COUNTY ATT 02:07:07 p.m 07-21-2006 16/20 DCA Final Order No.: DCA06-OR-157 ICATE 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 arrect Gu have been furnished to the persons listed below by the method indicated this ry OF 23-2006: By U.S. Mail: Honorable Charles McCoy Mayor of Monroe County 500 Whitehead Street, Suite 102 Key West, Florida 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Avef Joulani Acting Director Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 . By Hand Delivery or Interagency Mail: Tracy D, Suber, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant Gencral Counsel, DCA Tallahassee Christine M. Cosby, Assistant General Counsel, DCA Tallahassce Aug & 2006 15:40 DCA GENERAL COUNSEL PAGE 17/28 ge/@e/ 2886 16:39 B589222679 {052923616 MONROE COUNTY ATT 02:07:24 p.m OF-21-2006 417 720 WHEREA! die Boitd-of County Commnissionent has consideaed the domments af thie’ public; recomimenelations of the Planaing. Commiision, rechiantentations. of self arid. the. Workforce Housing Tusk Force: and its Cougvel, and other shatters, ands WHEREAS) the Board. of County Commigsiinets makes the following Findings of Fatt; . ; oS eee Ta, . ar L.| “Checladk of sufficient caffordible “housing opportunities. for die focal: ~~ worlfiinds aveates. serlious ritks to the tonal econditry. aa 2, “Pheve-di limited tang aren suitable for rekidential developmient seinaining ” tn the Gounty,. ‘ ‘ . 3. There‘s-a eutrent estimated-unmet- need. of about 7,317 affordable. units the Coninty. v : . 4... Ailowliie @ denslty dong will-altow forthe orkalion. of more -affiietatile: houshig “ander the Code, 13:4 legitiniate atte: interest, and is-proper. te Staglenent Goals: 101 and:6OT. of the ‘plan (e.g, Objective 101.4; Policy 101-4.8: Policy 6011.12 and Objectives 6012 and 601.6. : - ae 5. Phese amendments t6.the tand development regulations ave appropriate in thit they recognize (he ‘need. forsaddisional detail and compretietisivetessin-dddressing. | | housing- needs in: Monroe Coithly, based upon, among other factors; new issues; including accelesaied Conversion of existing affordable housiig ateck, increased housing pressures due to housing loss:caused: by Harcicane. Wilma, and: the changed projections and assumptions regarding remltiig demographic trends, 6 _ These ‘athendinents fo the tnd development regulations specifically _ Farther Fla, Stak § 163.4202(3) by implementing innovative land dévelopment reguladon provisions such ay transfer of develapinent rights, incentive and inclusionary housing, . 7 These amendments to the land development regulations are necessary tb easpne that, despite the limited availability of developable, lands, the County's. existing ond future housing stock includes adequate affordable housing opportnities. EXHIBIT t 1 ‘B’ 88/88/2886 3057023516 Aug & 2006 15:41 As: 3g BSOS222679 - DCA GENERAL COUNSEL PAGE 18/28 MONROE COUNTY ATT 02:09:16 p.m. O7-21-2006 8. The praposed amendments to the. Land, Developmient’ Rejulations are. consistent. with and’ futher goals, objectives. and policies of the Year 2010: Comprehensive Plat, NOW, THEREFORE, BE IT. ORDAINED’ BY THE BOARD OF COUNTY TY COMMISSIONERS (GF MONROE COUNTY, FLORIDA, THE FOLLOWING: : That the preceding findings :aupport ‘its. decidion to approve the amendments: to the Land: | Development Regulitions 0 te Monroe’ County Code. aR provided! ‘berein:: Add: See. 9S 4G)-3}(a) an. follows: (Sted Divelling,. density Bonus rl? means the additional aaniber of dwelling Half tanktts thet: eain. be ito alte ‘pursuant to. the-mieand 03, defined in Section 9.5- 262 ahd: ghall He ate ) or niore:-coonis physically atrenged fo: eiaote a housekecping emeblishinent for occupiacy “hy née (1) family with separate: toilet ‘Yfatilities, The abbreviation “DDBU” shall mean “dwelling density bonus nit" ; Sestton:2. Add See. 9.5-4(0-31).(h) a5itellowsr -3150) Ewwelling, Aoif snit: means. deed réstticted affoydable howsiig. units a8 defined ih MCC: §.9,5-4 (A435) that range in size from 400 to 750 square feet which shall be considered one-half'(.5) of a dwelling unit for the purpose of calculating density ag jaid out in §9,5-262"*, Section 3, Amend chart roves of Sev. 9.55262 and add ** row ag follawe: Miia, residential: idenstty: amet: distri. open space.*, sige | Allocated! density "Macimon net density - Opel space Land use district [Dacre | DUbutidabte area: * | ratio® [ Urban Residential 66°." 02 (Afforilable anid Employee housing) | ©? ‘ 2 Suburban Commercial || 3.0 G2 (Aflordable and Emaplayee housing) 3.0 Ig.gr* | 0.2 Mixed Use Lhe hizo [02 } (Affordable and, iz Erployee housiria) Lo el {o2 ** For the purposes of these density calculations only, notwithstanding the definition ofa reiling unit as defined | in eS Sed (D31), dead restricted affordable or oe ot housing | 18720 aay ae/ 2A86 WO87023516 Aug & 2006 15:41 16:39 B589222679 DCA GENERAL COUNSEL PAGE MONROE COUNTY ATT 02:10:39 p.m Q7-21-2006 fand use- districts that eange in size from 400 to 750 square feet shall be considered a - dwelling half unit. An equal nathber of additional dwelling Aalf weir(s) shall-te available for each dwelling half unit provided. ‘The additional dwelling halfiuniie.shalb-be defined as. dwalling density boss dritts), Aanenit Section 9:5-392 by adding raw as follows: io) Required Number of Of-Srreer Parking Spaces: The following: iviihe qumber of parking spabds to be provided for cach awe: TABLE INSET: , Dvelling tlt mits | 10 spaces per dwelling wal unit ~ . T€ atiy section, paragraph, subdivision, ‘clause, sentence of provibtin- of, this. Ordinatce sfuill. be adjudiied ‘by: aty. cont of corapeient jurisdtetion to- be- invalid, ack: judgment : shail. not affect, impair, invalidate, ot sillify the remainder of Mivis. Ondinatioe, but the effeot théteof shall he confined 46 the. section, parigraph, subdivision, clmune, sentence or provision immediately involved in the controversy in Which suck judgement. or ‘decree shall: be rendered. In the cage.of divest conflict between any provision of this-ordinatice anda portion or provision of any appropriate federal, stale or county lav, rate, code: de aegalation, ‘dhe mote restrictive shall apply, "Phis ordinance . shall: be transmitted by the Planning and Environmenial Resources Department to the Ploritia Department of Commmmity Afftire to determitie the sonsistency of this ondinarice with the Florida Statutes-and as requited by. PS, 390,05(6) and. 1B, . Sections. Filing ‘This ordinance shall be fied in the Office of the Secretary of State of Florida but shall not become effective until a riotice is issued by the Department of Community Affsies or Administrtion Cormission approving the ordinance. 19/20 19/28 Aug & 2006 15:42 48/08/2686 15:39 8589222679 DCA GENERAL COUNSEL PAGE 28/28 4052025516 MONROE COUNTY ATT 02:11:52 p.m. 07-21-2006 20/20 Compretiensive Plan amendixents anay:be required in order for any. part of this andinance to he deemed: consistent with the Comprehensive Plan, the eéitative dite ‘of such part shot be. ad of thie effective date, of the required. Comprehensive Plan améndinont and hs atherwise sequined Hy law, 7 4 ; PASSED:AND: ADOPTED by the Boant of County Commissioners of Monte County, _Flatidivat asegular:inecting held on'the-19"" day of Apeil, 2006, . “This- ordinance shall. become effective as. provided by law and'sinied above, Where MeyorCharles “Sonny Metéy. EBB Mavor Pro Tem Murray Nelsn.. . eee Commissioner Dixie Spehat ..: Conimiasioner George Neugent =“ Yee. Cotanblisioner David Rice .() r COMMISSIONERS: #¥, FLORIDA. . APPROVED AS TO FORM: Coakty Atiomey “Tye SA Reo | s eh Wd OF avsaee EL BS ouedig Hos03%2. ‘VIE ALsnGS J0uNOH.

Docket for Case No: 06-002856GM