Ordinance 005-2010ORDINANCE 005 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 102-559 REGISTRATION,
SECTION 110-4, DETERMINATION OF COMPLETENESS
AND COMPLIANCE, EXCEPT FOR SINGLE-FAMILY
DWELLINGS, SECTION 110-7, ACTIONS BY DECISION -
MAKING PERSONS AND BODIES, SECTION 110-37,
DEVELOPMENT PERMITTED AS OF RIGHT, SECTION 110-
69, MINOR CONDITIONAL USES, SECTION 110-70, MAJOR
CONDITIONAL USES, SECTION 110-719 FINAL
DEVELOPMENT PLAN SUBSEQUENT TO APPROVAL OF
CONDITIONAL USE PERMIT, SECTION 110-739
DEVELOPMENT UNDER AN APPROVED CONDITIONAL
USE PERMIT, SECTION 110-95, PRELIMINARY PLAT
APPROVAL, SECTION 110-99, FINAL PLAT APPROVAL;
ELIMINATING REFERENCES TO THE OBSOLETE
POSITION OF DEVELOPMENT REVIEW COORDINATOR;
REASSIGNING THE RESPONSIBILITIES AND DUTIES OF
THE DEVELOPMENT REVIEW COORDINATOR TO THE
PLANNING DIRECTOR; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the current text within the Monroe County Code's Land Development Code
describing the job qualifications and functioning of the Planning & Environmental
Resources Department is outdated; and
WHEREAS, concerning the development review coordinator position, the position of
development review coordinator has been eliminated in the Planning & Environmental
Resources Department. All responsibilities of the position have been assumed by the
planning director and the principal current planner; and
WHEREAS, there is a need for consistency in terminology in the Monroe County Code;
however, the terms "director of planning" and "planning director" are used
interchangeably throughout the code; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 102-55 shall be amended as follows:
Sec.102-55. Registration.
All claims of nonconforming uses and structures shall be registered with the
planning director in a form provided by the planning director within one year of the
service of individual notice by mail to all landowners of record of the adoption of
the plan and the requirement to register nonconforming uses and structures.
Individual notice by mail shall be deemed served upon the deposit of duly stamped
notice in the U.S. mails addressed to the owner of record according to the most
recent listing of the property appraiser of the county. Failure to register a claim of
nonconforming use or structure within one year after adequate legal notification by
the planning director shall constitute a waiver of the right to claim nonconforming
use status. Evaluation of nonconformity claims shall be on a case -by -case basis by
the planning director based on the lawful nature of the use or structure when
established, subject to appeal as provided in article VI of this chapter. The board of
county commissioners, at its discretion, may direct the planning director to issue
notification by category.
Section 2. Section 110-4 shall be amended as follows:
Sec. 110-4. Determination of completeness and compliance, except for single-
family dwellings.
Within 15 working days after an application for development approval has been
received, the planning director shall determine whether the application is complete.
If the planning director determines that the application is not complete, he shall
serve a written notice on the applicant specifying the application's deficiencies.
The planning director shall take no further action on the application unless the
deficiencies are remedied. If the planning director fails to make a determination of
completeness within 15 working days, the application is deemed complete. Once
the application is deemed complete, the planning director shall cause the
application to be evaluated within ten working days for compliance with the
county's land use regulations. If the planning director determines that the
application is not in compliance, he shall serve a written notice explaining why
this is so; and the application shall be denied. If the application is determined to
be in compliance with these land use regulations, the planning director shall notify
the applicant and the secretary of the planning commission so that a public
hearing may be scheduled no earlier than 30 days following a determination of
compliance and a notice given, if required, and shall convene the development
review committee. A determination of completeness shall not constitute a
determination of compliance with the substantive requirements of this chapter.
Section 3. Section 110-7 shall be amended as follows:
Sec. 110-7. Actions by decision -making persons and bodies.
(a) Generally. All decision -making persons and bodies shall act, in accord with
time limits established in this chapter except as provided in section 101-2(b).
Action shall be taken as promptly as possible in consideration of the interests of
the citizens of the county. ,
(b) Findings. All decisions shall be in writing and adopted by resolution and
shall include at least the following elements: ,
(1) A summary of the information presented before the decision -making
body; 1
(2) A summary of all documentary evidence provided to the decision -
making body or which the decision -making body considered in making its
decision; and
(3) A clear statement of specific findings of fact and a statement of the
basis upon which such facts were determined, with specific reference to
the relevant standards set forth in this chapter, including, but not limited to,
the standards in section 110-67.
(c) Notification. Notification of a decision -making body's decision, by copy of
the resolution, shall be mailed by the planning director to the applicant by certified
mail.
Section 4. Section 110-37 shall be amended as follows:
Sec. 110-37. Development permitted as of right.
(a) Purpose. Uses permitted as of right are those uses that are compatible with
other land uses in a land use district, provided they are developed in conformity
with this chapter.
(b) Application. An applicant for development approval for a use permitted as of
right shall submit an application for a building permit, together with a certificate of
compliance, if required, obtained pursuant to section 110-142 and a description of
the proposed development, to the building official.
(c) Action on the application. If the planning director determines that the proposed
development is in compliance with all requirements of this Code rind the Monroe
County Comprehensive Plan, and the building official determines that it is in
compliance with the Florida Building Code and the applicant for development
approval has been awarded a certificate of compliance, the building official shall
issue a building permit with or without conditions.
(d) Certified IS districts. This subsection authorizes the planning director to submit
for certification by the board of county commissioners certain IS areas herein
defined which may be issued permits without review by the land planning division.
(1) At any regularly scheduled meeting of the board of county
commissioners, certification may be given to those IS areas recommended
for approval and listing by the planning director.
(2) The planning director shall recommend from time to time to the board
of county commissioners any IS area that meets the following:
a. Documentation that all utilities and roads are in place consistent
with the definition of IS;
b. Documentation that all appropriate bulk regulations found in
section 130-186 can be followed, as well as the requirements of
article V of this chapter and chapter 1309 article VI;
c. Provision for appropriate impact fee payments as required by
chapter 126;
d. Provision for required landscaping as required by chapter 114,
article IV; and
e. Provisions for adequate parking as required by chapter 114,
article III and access standards as required by chapter 114, article
VII.
(3) Any certificate given by the board of county commissioners under this
section shall be in the form of a resolution that shall specify compliance
with the requirements of subsection (d)(2) of this section.
Section 5. Section 110-69 shall be amended as follows:
Sec.110-69. Minor conditional uses.
(a) Applications for a minor conditional use permit. An application for a minor
conditional use permit shall be submitted to the planning director in the form provided
by the planning department. If approval of a plat is required for the proposed
development, an application for plat approval shall be submitted in conjunction with
the application for a conditional use permit. If an application for a minor conditional
use includes a major conditional use, then the minor conditional use shall be considered
in conjunction with the major conditional use in accordance with the procedures of
section 110-70.
(b) Review by the development review committee. An application for a minor
conditional use permit shall be reviewed by the development review committee. The
development review committee shall forward its report and recommendation on the
application for a minor conditional use permit to the planning director within ten
working days of its determination of completeness.
(c) Decision by the planning director. Within ten working days after receiving the
report and recommendation of the development review committee, the planning
director shall render a development order granting, granting with conditions or denying
the application for a minor conditional use permit.
(d) Notice of grant of a minor conditional use permit. The planning director shall give
notice of any development order granting a minor conditional use by sending a written
notice to all owners of real property located within 300 feet of the property that is
subject to the minor conditional use permit, and notice of the intent to issue the minor
conditional approval shall be published in newspapers of local circulation in the county
by advertisement in the legal section. The costs of publication and written notice are to
be borne by the applicant. Notice by the planning director shall be by regular mail on
the day of the granting of the minor conditional use.
(e) Consideration of a minor conditional use approval by the planning commission.
Consideration of a minor conditional use approval shall be governed by the provisions
of chapter .102, article VI.
(f) Public hearing on an application for a minor conditional use permit. The public
hearing on an application for minor conditional use, if requested by the applicant, an
adjacent property owner, or an aggrieved or adversely affected person, as defined by
F.S. § 163.3215(2), or any resident or real property owner, shall be conducted by the
planning commission in accordance with the provisions of section 102-185(e).
Section 6. Section 110-70 shall be amended as follows:
Sec. 110-70. Major conditional uses.
(a) Applications for major conditional uses. An application for a major conditional use
permit shall be submitted to the planning director in a form provided by the planning
department.
(1) If approval of a plat is required for the proposed development, an application
for plat approval shall be submitted in conjunction with the application for a
conditional use permit. However, a major conditional use shall not become
effective until the plat has been approved by the board of county commissioners.
(2) As a part of the application for major conditional use, an applicant shall be
required to submit the following, except for those inappropriate to the proposed
development due to the limited size or scale of the development as determined by
the planning director:
a. An environmental designation survey consisting of:
1. A plan drawn to a scale of one inch equals 20 feet or less, except
where impractical and the planning director authorizes a smaller
scale, and showing the following:
(i) The location of property;
(ii) The date, approximate north point and graphic scale;
(iii) The acreage within the property;
(iv) The boundary lines of the property and their bearings
and distances;
(v) The topography and typical ground cover;
(vi) The general surface characteristics, water areas and
drainage patterns;
(vii) The contours at an interval of not greater than one foot
or at lesser intervals if deemed necessary for review
purposes;
(viii) The 100-year flood -prone areas by flood zone;
(ix) The presently developed and/or already altered areas;
and
(x) The location of mean high-water line;
2. A natural vegetation map and/or a map of unique environmental
features such as:
(i) Climax tropical hardwood hammocks;
(ii) Endangered species habitats; and
(iii) Major wildlife intensive use areas;
3. Aerial photographs of the property and surrounding area;
4. A review of historical and archeological sites by the Florida
Division of Archives, History and Records Management;
5. A review of unique environmental features such as:
(i) Climax tropical hardwood hammocks;
(ii) Endangered species habitats; and
(iii) Major wildlife intensive use areas;
6. Actual acreage of specific vegetation species or other
environmental characteristics;
7. General information relating to the property in regard to the
potential impact which development of the site could have on the
area's natural environment and ecology;
8. Environmental resources:
(i) If shoreline zones were identified, describe in detail any
proposed site alterations in the areas, including vegetation
removal, dredging, canals or channels; identify measures
which have been taken to protect the natural, biological
functions of vegetation within this area such as shoreline
stabilization, wildlife and marine habitat, marine
productivity and water quality maintenance;
(ii) If tropical hammock communities or other protected
vegetative communities were identified, describe proposed
site alteration in those areas and indicate measures which
were taken to protect intact areas prior to, during and after
construction;
(iii) Describe plans for vegetation and landscaping of
cleared sites including a completion schedule for such work;
9. Environmental resources -wildlife. Describe the wildlife species
that nest, feed or reside on or adjacent to the proposed site.
Specifically identify those species considered to be threatened or
endangered. Indicate measures that will be taken to protect wildlife
and their habitats; and
10. Environmental resources -water quality:
(i) Identify any wastewater disposal areas, including
stormwater runoff, septic tank drain -fields, impervious
surfaces and construction -related runoff; describe anticipated
volume and characteristics. Indicate measures taken to
minimize the adverse impacts of these potential pollution
sources upon the quality of the receiving waters prior to,
during, and after construction; identify the near shore water
quality; and identify how this development will not
adversely impact the near shore water quality.
(ii) Indicate the degree to which any natural drainage
patterns have been incorporated into the drainage system of
the project;
b. A community impact statement, including:
1. General description of proposed development:
2.
91
(i) Provide a general written description of the proposed
development; include in this description the proposed phases
of development or operation and facility use, target dates for
each of these, and date of completion; in addition, indicate
the site size, developing staging and appropriate descriptive
measures such as quantity and type of residential units,
commercial floor area, tourist accommodation units, seating
and parking capacities; for residential development, indicate
the anticipated unit -per -acre density of the completed project;
(ii) Identify aspects of the project design, such as a
clustering, which were incorporated to reduce public
facilities costs and improve the scenic quality of the
development; describe building and siting specifications
which were used to reduce hurricane and fire damage
potential to comply with federal flood insurance regulations
and the comprehensive land use plan;
Impact assessment on public facilities and water supply:
(i) Identify projected daily potable water demands at the
end of each development phase and specify any
consumption rates that have been assumed for the projection;
(ii) Provide proof of coordination with the Florida Keys
Aqueduct Authority; assess the present and projected
capacity of the water supply system and the ability of such
system to provide adequate water for the proposed
development; and
(iii) Describe measures to ensure that water pressure and
flow will be adequate for fire protection for the type of
construction proposed;
Public facilities --Wastewater management:
(i) Provide proof of coordination with the Florida
Department of Health and Rehabilitative Services;
(ii) Provide projection of the average flows of wastewater
generated by the development at the end of each
development phase; describe proposed treatment system,
method and degree of treatment, quality of effluent, and
location of effluent and sludge disposal areas; identify
method and responsibilities for operation and maintenance
of facilities;
(iii) If public facilities are to be used, provide proof of
coordination with the county waste collection and disposal
district; assess the present and projected capacity of the
treatment and transmission facilities and the ability of such
facilities to provide adequate service to the proposed
development; and
(iv) If applicable, provide a description of the volume and
characteristics of any industrial or other effluents;
4. Public facilities --Solid waste:
(i) Identify projected average daily volumes of solid waste
generated by the development at the end of each phase;
indicate proposed methods of treatment and disposal;
(ii) Provide proof of coordination with county municipal
services district; assess the present and projected capacity of
the solid waste treatment and disposal system and the ability
of such facilities to provide adequate services to the
proposed development; and
(iii) Comply with the requirements of section 114-200
concerning any applicable traffic study;
5. Public facilities --Transportation:
(i) Provide a projection of the expected vehicle trip
generation at the completion of each development phase;
describe in terms of external trip generation and average
daily and peak hour traffic;
(ii) If the project site is adjacent to U.S. 1, describe the
measures, such as setbacks and access limitations, which
have been incorporated into the project design to reduce
impacts upon U.S. 1;
6. Housing:
(i) If the project includes residential development, provide
breakdown of the proposed residential units by price range
or rental range and type of unit such as single-family, duplex,
townhouse, etc.;
(ii) If lots are to be sold without constructed dwelling units,
indicate the number and percentage of such lots and the
extent of improvements to be made prior to sale;
(iii) Assess the potential of the proposed development to
meet local or regional housing needs; in particular, indicate
any measures taken to provide low- and moderate -income
housing;
7. Special considerations:
(i) Describe the relationship of the proposed development
to the comprehensive land use plan objectives and policies;
also indicate relationships between existing or proposed
public facilities plans; identify any conflicts;
(ii) Indicate any relationships of the project to special land
use and development district such as airport noise and
hazard zones, solid or liquid waste treatment or disposal
areas;
(iii) If applicable, assess the impact of the proposed
development upon other adjacent or nearby municipalities or
counties;
8. The data and information provided in a community impact
statement shall be coordinated with data and other information
and/or permits required by local, regional, state or federal regulatory
or reviewing agencies as appropriate to the major conditional use
proposed.
(b) Review by the development review committee. An application for a major
conditional use permit shall be reviewed by the development review committee. Within
15 working days after the submission of a complete application for a major conditional
use permit, the development review committee shall forward a report and
recommendation on the application for a major conditional use permit to the planning
commission.
(c) Public hearing on an application for a major conditional use permit. The planning
commission shall hold a public hearing on the application for a major conditional use
permit and shall within 45 working days of the submission of a complete application
for a major conditional use permit to the planning director issue a development order
granting, granting with conditions or denying the application for a major conditional
use permit.
(d) Notice of grant of a major conditional use permit. The planning director shall give
notice of any development order granting a major conditional use by sending a written
notice to all owners of real property located within 300 feet of the property that is the
subject of the major conditional use permit, and notice of the intent to issue the major
conditional approval shall be published in newspapers of local circulation in the county
by advertisement other than in the legal notice section with the cost to be borne by the
applicant. Notice by the planning director shall be by regular mail within 15 days of the
granting of the major conditional use.
(e) Appeal of a conditional use approved by the planning commission. The applicant,
an adjacent property owner, or any aggrieved or adversely affected person, as defined
by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public
hearing conducted pursuant to subsection (c) of this section may request an appeal of
the planning commission's major conditional use decision under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days after the
publication of notice or sending of the written notice by the county, whichever is later.
Section 7. Section 110-71 shall be amended as follows:
Sec. 110-71. Final development plan subsequent to approval of conditional use
permit.
(a) Purpose. The final development plan is a more detailed plan for implementation of
an approved conditional use.
(b) Authority. The final plan representing conditions placed by the planning
commission and required for development approval shall be submitted to the planning
director within 60 days of the rendering of the development order for the conditional
use permit. The final plan may be submitted in phases if phases have been approved as
part of approval at the time of major conditional use approval.
(c) Application. An application for final development plan approval shall include the
information specified in a form provided by the planning director.
(d) Staff review. If the planning department staff shall find that the application is
complete, the application shall be reviewed by a development review committee, who
shall submit a report to the planning director and planning commission within 15
working days of the date of a determination that the application is complete.
(e) Final plan approval. Unless final development plan approval has been reserved to
the planning commission as a condition of approval of a conditional use permit or by
the provisions pertaining to that land use district, the planning director, upon a finding
of conformity with the conditional use approval, shall prepare a report of his findings.
If final action of a final development plan has been reserved to the planning
commission, the planning commission shall hear it at a regularly scheduled meeting
and upon the recommendation of the planning director shall approve a final
development plan if it is deemed to be in conformity with conditional use approval. If
the plan is not in conformity, the planning commission shall return the final plan to the
applicant with a written statement of the changes that would make the final plan
conform. The planning commission shall consider the final plan at a regularly
scheduled hearing when requested by the applicant. Any final plan rejected by the
planning commission shall be deemed null and void if not resubmitted within 180 days
unless tolled by the filing of an appeal under subsection (e)(2) of this section.
(1) A final plan shall be deemed to be in conformity if it:
a. Evidences development within the parameters established by the planning
commission in the prior approval of the conditional use as to the total number of
dwelling units proposed by type of structure and number of bedrooms;
b. Evidences development within the parameters established by the planning
commission as to the total number of nonresidential structures;
c. Evidences development within the parameters established by the planning
commission as to the total square feet of building floor area proposed;
d. Evidences development within the parameters established by the planning
commission as to the total land area devoted to residential uses, commercial
uses, public and private open space, streets, off-street parking and loading areas
and other impervious surfaces;
e. Evidences development within the parameters established by the planning
commission for floor area ratio by type of development;
f. Evidences development within the parameters established in the prior
approval of the conditional use permit for the number of off-street parking and
loading spaces for each type of use;
g. Evidences development that is consistent with the stated purpose of the land
use district; and
h. Evidences conformity to such other criteria and/or conditions as were
established by the planning commission in the conditional use permit.
(2) The holder of an approved conditional use whose final development plan has
been denied by the planning commission may request an appeal hearing before a
hearing officer under chapter 102, article VI, division 2 by filing the notice required
by that article within 30 days of the date of the written denial of the planning
commission
Section 8. Section 110-73 shall be amended as follows:
Sec. 110-73. Development under an approved conditional use permit.
(a) Effect of issuance of a conditional use approval. Approval for a conditional use
shall be deemed to authorize only the particular use for which it is issued. A conditional
use approval shall not be transferred to a successive owner without notification to the
development review coordinator within five days of the transfer.
(1) Unless otherwise specified in the approved conditional use approval,
application for a building permit shall be made within six months of the date of the
approval of the conditional use, and all required certificates of occupancy shall be
procured within two years of the date of issuance of the initial building permit, or
the conditional use approval shall become null and void with no further action
required by the county. Approval time frames do not change with successive
owners. An extension of time may be granted only by the planning commission for
a period not to exceed one year and only within the original period of validity.
When a hearing officer has ordered a conditional use approval initially denied by
the planning commission, the planning commission shall nonetheless have the
authority to grant or deny a time extension under this section. If the planning
commission denies a time extension, the holder of the conditional use may request
an appeal of that decision under chapter 102, article VI, division 2 by filing the
notice required by that article within 30 days of the written denial of the planning
commission.
(2) Development of the use shall not be carried out until the applicant has secured
all other permits and approvals required by this chapter, this Code, or regional, state
and federal agencies and until the approved conditional use is recorded in
accordance with section 110-72.
(b) Adjustments to approved conditional use approvals and inspection during
development under a conditional use approval.
(1) Authorized. After a conditional use has been approved, adjustments may be
approved for major or minor deviations as set forth in subsections (b)(3) and (b)(4)
of this section.
(2) Inspections by department of planning. Following issuance of a conditional use
approval, planning director shall review on a quarterly basis until the completion of
the development all permits issued and construction undertaken, shall compare
actual development and the approved plans and permits for development and the
approved development schedule, if any, and shall report his findings in writing to
the planning commission.
(3) Minor deviations. The planning director may approve a minor deviation from
the final development plan and schedule. Minor deviations must be authorized in
writing and are subject to administrative appeal to the planning commission. Minor
deviations that may be authorized are those that appear necessary in light of
technical and engineering considerations brought to light by the applicant or the
planning director and shall be limited to the following:
a. Alteration of the location of any road or walkway by not more than five
feet;
b. Reduction of the total amount of open space by not more than five
percent or reduction of the yard area or open space associated with any
single structure by not more than five percent, provided that such reduction
does not permit the required open space to be less than that required by
section 130-157; and
C. Alteration of the location, type or quality of required landscaping
elements of the conditional use permit.
(4) Major deviations. If the holder of an approved conditional use wishes to make
an adjustment to the approval that is not a minor deviation, approval of the planning
commission in accordance with the provisions of subsection (b)(5) of this section
must be obtained. If the planning director finds that the development is not
proceeding in substantial accordance with the approved plans or schedule or that it
fails in any other respect to comply with the conditional use approval issued or any
provision contained in this chapter, that director shall immediately notify the
planning director and the planning commission and may, if necessary for the
protection of the public health, safety or welfare, notify the building official to issue
a temporary order stopping any and all work on the development until such time as
any noncompliance is cured. No action may be taken by the planning commission
that effectively amends the conditional use approval except by way of the
procedures set out in section 110-70.
(5) Action by the planning commission. within 30 working days following
notification by the planning director that work is not proceeding in substantial
accordance with the approved plans or schedule or in some other respect is not in
compliance with the conditional use approval, the commission shall:
a. Determine that action be taken to bring development into substantial
compliance;
b. Determine that the conditional use approval be revoked; or
c. Authorize adjustments to the approved conditional use approval when
such adjustments appear necessary in light of technical or engineering
considerations first discovered during actual development and not
reasonably anticipated during the initial approval process. Such adjustments
shall be consistent with the intent and purpose of the conditional use
approval as permitted, and shall be the minimum necessary to overcome the
particular difficulty. No adjustment shall be inconsistent with the
requirements of this chapter. Prior to considering action on such
adjustments, the planning commission shall make inquiry of any person
having information that may relate to the basis for consideration of an
adjustment, but shall act as promptly and as expeditiously as possible. If the
planning commission determines that an adjustment is necessary, it may,
without public hearing, approve the following adjustments, provided that
such adjustments do not have the effect of reducing the open space required
under the provisions of section 130-157:
1. Alteration of the bulk regulations for any one structure by not
more than five percent;
2. Alteration of the location of any one structure or group of
structures by not more than ten feet; and
3. Alterations of such other requirements or conditions as were
imposed in the approval of the conditional use or in approval of the
final development plan by not more than five percent or, in the case
of location, a variation of not more than ten feet from the location
approved in the final plan, so long as in all cases such adjustments
are in accord with the parameters established in the conditional use
approval.
d. In the event the building official has issued a temporary order stopping
work as provided for herein, the planning commission shall, within 30
working days from the date of the issuance of the temporary order:
1. Proceed to revoke the conditional use approval; or
2. Overrule the action of the building official, in which case the
temporary order shall immediately become null and void.
(6) Appeal before hearing officer. The holder of a conditional use approval
aggrieved by the decision of the planning commission made pursuant to subsection
(b)(5) of this section may request an appeal before a hearing officer under chapter
102, article VI, division 2 by filing the notice required by that article within 30 days
of the date of the written decision of the planning commission.
(c) Other adjustments. Any other adjustments or changes not specified in subsection
(b) of this section shall be granted only in accordance with procedures for original
approval of a conditional use, as set forth in section 110-63 et seq.
(d) Inspections after development.
(1) Inspections by planning department. Following completion of the development
of a conditional use, the planning department shall review the development for
compliance with the use as approved. If it is determined that the conditional use has
been developed in accordance with the approval, then a certificate of occupancy
shall be issued in accordance with section 6-145. If the planning director finds that
the development, as completed, fails in any respect to comply with the use as
approved, he shall immediately notify the building official, the planning
commission, the board of county commissioners, and the applicant of such fact.
The building official shall not issue a certificate of occupancy pursuant to section 6-
145 until the planning commission has acted on the planning director's notification
of noncompliance.
(2) Action by planning commission. Within 30 working days following
notification by the planning director, the commission shall:
a. Recommend that the finding of the planning director be overruled;
b. Recommend to the applicant modifications in the development to bring
it into accord with the terms and provisions of the final plan approval and
the conditional use permit; or
c. Revoke the conditional use permit, as well as all prior approvals and
related or resulting permits.
(3) Appeal before hearing officer. The holder of a conditional use approval
aggrieved by the decision of the planning commission pursuant to subsection (b)(5)
of this section may request an appeal before a hearing officer under chapter 102,
article VI, division 2 by filing the notice required by that article within 30 days of
the date of the written decision of the planning commission
Section 9. Section 110-98 shall be amended as follows:
Sec. 110-98. Preliminary plat approval.
(a) Generally. All applicants for approval of a plat involving five or more lots shall
submit a preliminary plat for approval in accordance with the provisions of this section.
(b) Application. An application for preliminary approval shall be submitted to the
planning director in accordance with the provisions of this section, accompanied by a
nonrefundable fee as established from time to time by the board of county
commissioners. The application shall contain the information required on a form
provided by the planning director.
(c) Staff review. After a determination that the application for preliminary plat
approval is complete under the provisions of section 110-4, the planning director shall
submit the application to the development review committee, which shall prepare a
recommendation and report for the commission.
(d) Public hearing and action by the planning commission. The planning commission
shall conduct a public hearing on an application for preliminary plat approval of a
subdivision involving five or more lots, in accordance with the requirements of sections
110-6 and 110-7. The commission shall review such applications, the recommendation
of the development review committee, and the testimony at the public hearing, and
shall recommend granting preliminary plat approval, granting approval subject to
specified conditions, or denying the application at its next meeting following submittal
of the report and recommendation of the development review committee.
(e) Effect of approval of preliminary plat. Approval of a preliminary plat shall not
constitute approval of a final plat or permission to proceed with development. Such
approval shall constitute only authorization to proceed with the preparation of such
documents as are required by the planning director for a final plat.
(f) Limitation on approval of preliminary plat. An application for final plat approval
shall be filed within one year of the date of preliminary plat approval. Unless an
extension is granted by the board of county commissioners, failure to file such an
application automatically shall render null and void the preliminary approval previously
granted by the board.
Section 10, Section 110-99 shall be amended as follows:
Sec. 110-99. Final plat approval.
(a) Generally. All applicants for approval of a plat shall submit a final plat for
approval in accordance with the provisions of this section.
(b) Application. It shall be the responsibility of the developer to complete, have in
final form, and submit to the planning director for final processing the final plat, along
with all final construction plans, required documents, exhibits, legal instruments to
guarantee performance, certificates properly executed by all required agencies and
parties as required in this article, and the recording fee, and any other documents or
information as are required by the planning director. After receipt of a complete
application for final plat approval, as determined in accordance with section 110-4, the
planning director shall submit the application and accompanying documents to the
development review committee.
(c) Review and action by development review committee. The development review
committee shall review all applications for final plat approval.
(1) If the committee determines that a final plat for a subdivision involving fewer
than five lots conforms to the substantive and procedural requirements of this
chapter, the committee shall approve the final plat or approve it with conditions at
its next regular meeting 15 working days after receipt of a complete application
from the planning director, or as soon thereafter as practical. Final plats that are
approved by the committee shall be placed on the consent agenda of the next
regularly scheduled meeting of the board of county commissioners and shall
become final unless removed from the consent agenda by the affirmative vote of
three members of the board. If a final plat is removed from the consent agenda, the
board shall not modify or reject the decision of the committee unless the board
finds that the record does not contain competent substantial evidence to support
approval. If the committee denies final plat approval, the applicant may appeal such
denial to the board, which shall consider the application and any additional
testimony submitted by the applicant and other persons and shall approve the final
plat, approve it with conditions, or deny final plat approval.
(2) For a final plat for a subdivision involving five or more lots, if the plat
conforms to the approved preliminary plat and the substantive and procedural
requirements of this chapter, at its next regular meeting or as soon as practical after
receipt of a complete application, the development review committee shall
recommend to the planning commission approval of the final plat or approval with
conditions. If the committee finds that the plat does not substantially conform to the
approved preliminary plat or the substantive and procedural requirements of this
chapter, the committee shall recommend denial, specifying the area of
nonconformity.
(d) Review and action by the planning commission. The planning commission shall
review all applications for final plat approval involving five or more lots and the
recommendation of the development review committee. If the commission finds that
the final plat conforms to the approved preliminary plat and the substantive and
procedural requirements of this chapter, and commission shall recommend to the board
of county commissioners approval of the final plat, or approval with specified
conditions, and shall submit a report and written findings in accordance with section
110-7.
(e) Public hearing by the board of county commissioners. The board of county
commissioners shall conduct a public hearing on all applications for final plat approval
involving five or more lots in accordance with the procedures of section 110-6(c).
(f) Action by the board of county commissioners. For proposed subdivisions involving
five or more lots, the board of county commissioners shall review the application, the
recommendations of the development review committee and the planning commission,
and the testimony at the public hearing, and shall grant final plat approval, grant
approval subject to specified conditions, or deny the application, in accordance with the
provisions of section 110-7.
Section 11. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, ' such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 12. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 13. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section .14. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 15. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 16. Effective Date.
This ordinance shall become effective as provided by law and stated above.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of February, 2010.
Mayor Sylvia Murphy
Yes
Mayor pro tem Heather Carruthers
Yes
Commissioner Mario Di Gennaro
Yes
Commissioner George Neugent
Yes
Commissioner Kim Wigington
Yes
COUNTY COMMISSIONERS
ERK
B
Y
Mayor Sylvia Murphy
�..TTORNE.
*SLEY
' 'J'TY ATTORNEY
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVFRSFAs HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
March 4, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 7005 1160 0000 38.11 2235
Enclosed are certified copies of the following Ordinances:
Ordinance No. 005-2010 amending Monroe County Code Sections 102-55 110-4 - 110 7,
110-37, 110-69, 110-70, 110-719 110-731 110-98 and 110-99 to eliminate reference
to employee
positions no longer in the Growth Management Division; provide for the director
p of planning to
perform those functions within the Division; and provide consistent in the title for or the director
of planning.
Ordinance No. 006-2010 amending Monroe County Code Sections 102-21 and
revise the Planning Director's qualifications and duties; eliminate the position and description p scrlption of
the development review coordinator; amend the development review committe
e ee dunes, relocate
within the code the duties of the building official; and eliminate the divisions ' sions of capital
improvements planning, land use planning, and environmental resources in the Monroe County
Code.
Ordinance No. 007-2010 amending Monroe Count Code Section 110-3 Pre -application
Conferen y
Conference; Eliminating references to the obsolete position of Development
p nt Review
Coordinator; Reassigning the responsibilities and duties of the Development ' p t Review Coordinator
to the Planning Director or Planning Department Staff; and Amendingthetime �me frame 1n which a
letter of Understanding shall be mailed to the applicant.
Ordinance No. 008-2010 amending the land use district ma designation p from Improved
Subdivision (IS) to Suburban Commercial (SC) pursuant to a request b ' q y S lever s Marine ,Inc.,
for property located at Mile Marker 106 in KeyLargo g (RE #'s 005 3 8170.000000,
00538180.000000, and 00538190.000000).
These Ordinances were adopted by the Monroe Count Board y of County
Commissioners at a Regular Meeting, held in formal session on Febr
uary 17, 2010.
Please file for the record. Should you have any ons uestilease feel free t q p o contact me at
(305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex off cio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e-mail
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CRARLIE CRIST
Governor
March It, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela, G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated March 4, 2010 and certified copies of Monroe County Ordinance Nos. 004-2010 through
008-2010, which were filed in this office on March 9, 2010.
Sincerely,
Liz Cloud
Program Administrator CZ)
rr,
LC/srd C-)
Cn C;
DIRECTOR'S OFFICE
R.A. Cray Building * 500 South Bronough Street oTallahassee. Florida 32399-0250
850.245.6600 * FAX: 850.245.6735 # TDD: 850.922.4085 * http://dlls.dos.state.fl.05
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARC 1-1 IV ES OF FLORIDA
850.245.66410 # FAX: 850.245.6643 850.245.6600 * FAX: 850.245.6744 850.245.6700 o FAX: 8%488-4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 * FAX: 850A88.9879 850.245.6750 * FAX: 850.245.6795 850.245,6270 * FAX: 850.245.6282
n
DCA Final Order No.: DCA10-OR-082
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS P%,
ADOPTED BY MONROE COUNTY =� R
ORDINANCE NO. 005-2010 .- .
FINAL ORDER r
The Department of Community Affairs (the "Department") hereby issues its-., rdec?
c�
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2009), approving a lanNT
r�
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 March 15, 2010, the Department received for review Monroe County Ordinance No.
005-2010 ("Ord. 005-2010"), adopted by Monroe County on February 17, 2010.
3. The purpose of Ord. No. 005-2010 is to amend Monroe County Code Section 102-55,
Registration; Section 110-4, Determination of Completeness and Compliance, Except for Single -
Family Dwellings; Section 110-7, Actions by Decision Making Persons and Bodies; Section
110-37, Development Permitted as of Right; Section 110-69, Minor Conditional Uses; Section
110-70, Major Conditional Uses; Section 110-71, Final Development Plan Subsequent to
Approval of Conditional Use Permit; Section 110-73, Development Under an Approved
Conditional Use Permit; Section 110-98, Preliminary Plat Approval; Section 110-99, Final Plat
Approval, to eliminate references to the obsolete position of Development Review Coordinator
and to reassign the responsibilities and duties of the Development Review Coordinator to the
Planning Director.
DCA Final Order No.: DCA10-OR-082
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), Fla. Stat., and § 380.0552(9), Fla. Stat. (2009).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2009) 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 of land. § 380.031(8). Fla. Stat. (2009). The regulations
adopted by Ord. 005-2010 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. 005-2010 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 obi ectives without
the continuation of the area of critical state concern designation.
(1) To protect the public health, safety and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique resource.
9. Ord. 005-2010 is consistent with the Principles for Guiding Development as a whole.
10. Ord. 005-2010 furthers Monroe County Comprehensive Plan and is not inconsistent with
the Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ord. 005-2010 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
DCA Final Order No.: DCA10-OR-082
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.
X-.- )
A A..&A -I-
CH S GAUTHIER, AICP
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 ADMINISTRATIVE PROCEEDING 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 III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.5 7(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
DCA Final Order No.: DCA10-OR-082
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 c rre copies have been furnished to
the persons listed below by the method indicated this ' day of May, 2010.
Paula Ford, Agency Clerk
4
DCA Final Order No.: DCA10-OR-082
By U.S. Mail:
Honorable Sylvia Murphy
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
DCA Final Order No.: DCA10-OR-082A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
.�, a
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO.005-2010 u, Co
� rn
AMENDED FINAL ORDER r C:)
ch 0
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), 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 March 15, 2010, the Department received for review Monroe County Ordinance No.
005-2010 ("Ord. 005-2010"), adopted by Monroe County on February 17, 2010.
3. On May 12, 2010, the Department issued Final Order No. 10-OR-082 approving Ord. 005-
2010.
4. Pursuant to Section 102-158(e) of the Monroe County Land Development Code, Monroe
County rendered Resolution 293-2010 on September 24, 2010, for the purpose of correcting a
typographical or drafting error in Ord. 005-2010. Resolution 293-2010 replaced previously
revised text of Section 110-73(a), Monroe County Land Development Code with the currently
effective text adopted by Ordinance No. 033-2009.
5. The original purpose of Ord. No. 005-2010 remains unchanged and is to amend Monroe
County Code Section 102-55, Registration; Section 110-4, Determination of Completeness and
Compliance, Except for Single -Family Dwellings; Section 110-7, Actions by Decision Making
Persons and Bodies; Section 110-37, Development Permitted as of Right; Section 110-69, Minor
DCA Final Order No.: DCA10-OR-082A
Conditional Uses; Section 110-70, Major Conditional Uses; Section 110-71, Final Development
Plan Subsequent to Approval of Conditional Use Permit; Section 110-73, Development Under an
Approved Conditional Use Permit; Section 110-98, Preliminary Plat Approval; Section 110-99,
Final Plat Approval, to eliminate references to the obsolete position of Development Review
Coordinator and to reassign the responsibilities and duties of the Development Review
Coordinator to the Planning Director.
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. (2010).
7. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2010) 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. § 380.031(8), Fla. Stat. (2010). The regulations
adopted by Ord. 005-2010 are land development regulations.
9. All land development regulations enacted, amended, or rescinded within an area of critical
state concern must be consistent with the Principles for Guiding Development (the "Principles")
as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), afPd, 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. 005-2010 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.
DCA Final Order No.: DCA10-OR-082A
(1) To protect the public health, safety and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique resource.
11. Ord. 005-2010 is consistent with the Principles for Guiding Development as a whole.
12. Ord. 005-2010 furthers Monroe County Comprehensive Plan and is not inconsistent with
the Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ord. 005-2010 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, Florida.
CF1AAfES GAUTHIER, AICP
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 ADMINISTRATIVE PROCEEDING 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 III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
DCA Final Order No.: DCA10-OR-082A
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
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 day of November, 2010.
DCA Final Order No.: DCA10-OR-082A
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Sylvia Murphy
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee