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Ordinance 018-2010 ORDINANCE NO. .JlliL -2010 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS A1\1ENDING THE SUNSET DATE FOR A-FRA1\1E SIGNS IN SECTION 142-4(3)(d); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITAL TO THE SECRETARY OF STATE AND DEPART1\1ENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: 1. i\t the January 28, 2009 Board of County Commissioners (BOCC) meeting, the BOCC directed the Department of Planning and Environmental Resources to review Chapter 142 Signs of the Monroe County Code. 2. During May of 2009, the Department of Planning and Environmental Resources conducted three (3) public workshops to receive public input regarding sign regulation revisions. 3. Monroe County has adopted land use policies and objectives in a comprehensive plan to guide policy on building and land use regulations and to promote health, safety, and general welfare. 4. The BOCC approved Ordinance No. 031-2009 on August 19, 2009, amending Section 142 Signs of the Monroe County Land Development Code, wherein A- frame signs were permitted with a "sunset" date of June 7,2010. 5. Monroe County recognizes the need for businesses on US 1 to have greater visibility during the current economic conditions. 6. The Monroe County Department of Planning and Environmental Resources is \vorking with the Florida Department of Transportation (FDOT) to develop \vayfinding signage regulations that would address Off-Premises Special Feature IdentificatioJ? Signs, Community Identification Signs, and Community Business I)istrict Signs. 7. The provision for A-frame signs as approved in Ordinance No. 031-2009 expires on June 7,2010. 8. The Board of County Commissioners directed staff to develop permanent solution for business recognition as follows: BOCC A-frame Ordinance Page I of 4 a. Community Business Directory Signs. The county may work with FDOT District 6 and local communities to develop a sign program that promote businesses within specific communities in the Florida Keys through the use of centrally located multiple user business identification signs on U.S. 1. b. Community Identification Signs. The County may work with FDOT District 6 to develop a sign program that identifies specific communities in the Florida Keys. The County shall coordinate with local communities to incorporate a theme which promotes the unique character of the local community. c. Off-Premises Special Feature Identification Signs. The County may work with FDOT District 6 to develop a sign program that identifies special features, tourist sites business districts. The County shall coordinate with local communities to select appropriate landmarks to be identified. 9. Staff continues to work on the permanent solutions for business identification; llowever, additional time is needed to develop a thorough comprehensive sign recommendation. 10. The provisions of this ordinance are consistent with the Monroe County Comprehensive Plan and the Principals for Guiding Development in the Florida Keys Area of Critical State Concern. 11. The Monroe County Planning Commission held a duly advertised public hearing on April 28, 2010, and recommended approval to the Board of County (~ommissioners. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: Section 1. Section 142-4 is amended as follows: * * * * * (3) Signs in commercial areas. Sign allowances in commercial areas (AD, CFA, CFS, DR, I, MF, MI, MU, RV, SC, UC) shall be calculated based on the amount of property frontage and business frontage as follows: cl. A -frame signs (i. e. Sandwich board signs). Through December 30, 2011, every nonresidential developed parcel of land boarding on US 1 shall be allowed A-frame signs, as indicated in the following table: BOCC A-frame Ordinance Page 2 of 4 Street Frontage Maximum Number of Signs* (Linear feet) l' to 75' 1 76' to 150' 2 151' to 225' 3 226' to 300' 4 Over 300' 5 * No business shall be allowed more than one sign. j\-frame signs may only be permitted provided the following standards are met: 1. The sign is no greater than three (3) feet in width and no greater than four (4) feet in height, exclusive of legs that can be no more than six (6) inches in height; 2. The sign is of A-frame-type construction, with only two (2) sign faces that are joined at the top; 3. Each sign face is no more than twelve (12) square feet in area; 4. The sign is portable and not permanently affixed to the ground; 5. The sign is located on a private parcel of land and identifies a business on that same private parcel of land; 6. The sign shall not be located on a public right-of-way, or walkway. 7. The sign shall only identify a lawfully-established business name(s) and/or other information directly related to that business; 8. The sign shall not be located in a clear sight triangle; 9. The sign shall not be illuminated or electric and shall not have any electric devices attached thereto; 10. The sign shall only be displayed during the business hours of the business it identifies and shall be stored indoors during non-business hours. 11. The sign shall be stored indoors during tropical storm/hurricane watches and warnings and other severe weather advisories; and 12. The building permit number shall be permanently affixed to the sign or sign structure in such a manner as to be plainly visible from grade. Section 2. Severability If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Conflicting Provisions All ordiIlances or parts of ordinance in conflict with this ordinance are hereby repealed to the exteIlt of said conflict. Section 4. Transmittal This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistellcy of this ordinance with the Florida Statues and as required by F.S. 389.05(6) and (11). BOCC A-frame Ordinance Page 3 of 4 Section 5. Codification 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 conform making system of the Code. Section 6. Filing This ordinance shall be filed in the Office of the Secretary of State 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 7. Effective Date This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on May 19,2010. Mayor Sylvia Murphy Yes Mayor Pro Tern Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Kim Wigington Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MONROEB:OUN Mayo Sylvia urphy :r:. 0 :2 :&> d-_ C-) ~? ?J~~: .....! 4' Y L. KOLHAGE, CLERK ...~ ,/ "'''''''''''.~.......- \. ..r .......~.... ...,-c:) r'''- =~: (~ ::c .. "" .-( l> -q. G) ;- fT1 DEPUTY CLERK MONROE COUNTY ATTORNEY pp ED AS TO FORM: I , SAN M. GRIMSLE'f AS ANT COUNTY ATTORNEY Date.~"~- ~ - ~ I 0 HOCC A-frame Ordinance Page 4 of4 ~ c::::::t c:= <- c: :z: t N .." :z CA) .. .r:- ...... ." r fT1 o " o :::0 ::0 fT1 n o ;0 o MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS 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 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 June 2,2010 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronaugh Street Tallahassee .FL 32399-0250 Via Certified Mail 7005 1160 0000 3841 2280 Dear Ms. Cloud, Enclosed please find a certified copies of the following Ordinances: Ordinance No. 015-2010 repealing and rescinding Ordinance No. 038-2006 amending Table 4.1 Five-year Schedule of Capital Improvements of the Year 2010 Comprehensive Plan; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Department of Community Affairs and the Secretary of State; providing for an effective date. Ordinance No. 016-2010 repealing and rescinding Ordinance No. 029-2008 adopting an amendment to the Year 2010 Monroe County Comprehensive Plan and amending Section 4.0 Capital Improvements implementation; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Department of Community Affairs and the Secretary of State; providing for an effective date. Ordinance No. 017-2010 amending Section 19-1 of the Monroe County Code of Ordinances concerning road abandonments; providing for severability; providing for repeal of conflicting provisions; providing for an effective date. Ordinance No. 018-2010 amending the sunset date for A-Frame Signs in Section 142-4(3)(d); providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Secretary of State and Department of Community Affairs; providing for codification; providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 19, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney ~ ~ File u.s. Postal SerViCeTr,1 CERTIFIED MAILTr.1 RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Cl E:(] ru ru M .::r- E:(] rn Cl Cl Cl Retum Receipt Fee Cl (Endorsement Required) Cl Restricted Delivery Fee .lJ (Endorsement Required) M M Total iR>>~ lams Postage Certified Fee LI1 Cl nt OR.A. Gray Building ~ SitiiBi,-Eu, - :;gC)ut1i--B"r(rnesu~-StTe-et.u.----_.-. ----------------. ~!..::!_~~~.. . ~s6ee--~lQ+id.a.--3239.9=.Q25-Q---------------- City, Stats,''''' \,A "ft .. J. . _ _ _ ~) 'r 0 ~ c/o.;:l'" CI~ PS Form 3800, June 2002 See Reverse for Instructions · Complete Items 1. 2. and 3. Also complete item 4 if Restricted-Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: F'rogram Administrator Administrative Code and Weekly A ,A. Gray Building S()O South Bronaugh Street Tallahassee, Florida 32399-0250 ~ o/~ ..M-- Ol? 2. Article Number (Transfer from service label) ~ PS Fomr'l 38l1.~ February 2004 i A Signature x o Agent D Addressee C. Date of Delivery B. ReceiVed by ( Printed Name) Dyes ONo .~ ~~ Mall 0 Elcpress Mall o RegIster8d 0 Return ReceIpt for Merchandise D InSUred Mail 0 C.O.D. 4. Restricted Delive1y? (Extra Fee) 0 Yes 7005 1160 0000 3841 2280 Domestic Return Receipt 1 02595-02-M_1 ~ . , ~~ -).~~...: ...... >..... .' \ \ :. . "'-t:<o:t_: .,': "~l~.i~~:- -~, ~~.~ =~ . ~q.~"1:', '. .., . ~~=WE~ FLORIDA DEPARTMENT or STATE . . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA June 8, 2010 Honorable DanrLY L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead :Street, Suite 101 Key West, Flori,da 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. KolhaJge: DAWN K. ROBERTS Interim Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June: 2, 2010 and certified copies of Monroe County Ordinance Nos. 015-2010 through 018- 2010, which were filed in this office on June 7, 2010. Sincerely, ~~CR Liz Cloud Program Administrator LCI srd DIRECTOR'S OFFICE R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . bttp://dlis.dos.state.fl.us COMMUN][TY DEVELOPMENT 850.245.6600. FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700. FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812. FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 - ,;t._. - 0 (~ ):> ~ f> i~, '"'~, r-- (".-) A -' .:::) " i~'.' o -'to. ::'< -i>> ---rt · C-) t (T\ r--.J ." c:::I ~ r- c:::>> 2: rn 0 z: .." (11 C> :::0 .. ::u ::E rr1 a n 0 .'. ::0 \D 0 DCA Final Order No.: DCA10-0R-154 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 018-2010 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. Stat. (2009), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT- 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On June 7, 2010,the Department received for review Monroe County Ordinance No. 018- 2010 ("Ord. 018-2010"), adopted'by Monroe County on May 19,2010. . 3. The purpose of Ord.No. 018-2010 is to amend the sunset date for A-Frame Signs in Monroe County Code Section 142-4, for signs that are allowed on commercial lots along US. Highway 1 to provide greater visibility. 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. 1 DCA Final Order No.: DCA10-OR-154 • 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. 018-2010 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 Rathkainp 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.018-2010 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. 9. Ord. 018-2010 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 018-2010 furthers Monroe County Comprehensive Plan and is not inconsistent with the Comprehensive Plan. WHEREFORE,IT IS ORDERED that Ord. 018-2010 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. CHARLES GAUTHIER,AICP Director,Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2 • •f DCA Final Order No.: DCA10-OR-154 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. 120.57(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, 3 .,o DCA Final Order No.: DCA10-OR-154 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 correEt copies have been furnished to the persons listed below by the method indicated this 29ty of July,2010..alide / Paula Ford,Agency C er By U.S. Mail: r 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 4