Ordinance 016-2012 -ram
ter' _MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS r co
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ORDINANCE NO. 2012 I
AN. ORDINANCE BY THE MONROE COUNTY BOARD OF .
COUNTY COMMISSIONERS AMENDING MONROE COUNTY:
CODE SECTION 130-121, AIR INSTALLATION COMPATIBLE '
USE ZONES OVERLAY (AICUZ), TO REVISE THE
REGULATIONS PERTAINING TO MILITARY AIRPORTS AND
THE REFERENCED AICUZ MAP FIGURES, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO 'THE : - ,
STATE LAND PLANNING AGENCY AND THE SECRETARY OF '
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR '
AN EFFECTIVE DATE. :
WHEREAS, this text amendment revises the regulations pertaining to military airports by.
removing the "1977" AICUZ map and matrix, which are provided as figures, and those
regulations associated with the"1977"AICUZ map; and . .
WHEREAS, on February 15, 1977, the Department of the.Navy approved the AICUZ plan for
Naval Air Station Key West(NAS-KW); and
WHEREAS, on July 5, 1989 the Board of County Commissioners adopted Ordinance #019-
1989 establishing the AICUZ requirements in MCC §9.5-252; and
WHEREAS, on July 15, 2003,'the Board of County Commissioners,adopted Ordinance-#031
2003 which established MCC §9.5-258 (later renumbered to MCC §9.5-260 and then to MCC
§130-121). to specify restrictions on private property adjacent to Naval Air Station Key.West
(NAS-KW) within an overlay district section, as opposed to within MCC §9.5-252 which
pertained to the Airport(A) Land Use District; and
WHEREAS, at its December 14, 2011 meeting, the Board of'County Commissioners passed
Resolution#441-2011 to transmit a Comprehensive Plan text amendment to the-State of Florida
Department of Economic.Opportunity(DEO) addressing the compatibility of lands adjacent to or
closely proximate to military installations; and .
WHEREAS, at its December 14, 2011 meeting, the Board of County Commissioners passed
Resolution #442-2011 to transmit a' Future Land.Use Map (FLUM) amendment to .the DEO .
creating an overlay to the FLUM series that established a military installation area of impact; and
• •
•
WHEREAS, during a regularly scheduled meeting held on February 28, 2012, the Monroe
County Development.Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners;,and
WHEREAS, during a regularly scheduled public hearing held on March 28, 2012, the Planning
Commission reviewed the ordinance and recommended approval to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF : !
COUNTY COMMISSIONERS:
Section 1. Section 130-121 shall be amended as follows:,
Sec. 130-121.Military Airports.
This district provides classifications of property for existing or future military airports
and regulates uses around, adjacent, and in the approach zones of military airports in
order to:
Establish the control of obstructions and construction of structures affecting navigable.
airspace in accordance with criteria delineated in volume XI,part 77 in Federal Aviation
Regulations, Florida Department of Transportation regulations, and this section.
Section 2. Seyerability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be ; I
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 seetion, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered. ,
Section 3. 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 4.Transmittal. .
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F:S.
380.05 (11) and F.S. 380.0552(9):
Section 5. 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 Florida State Land Planning Agency or
Administration Commission approving the ordinance and appeal periods have expired:
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Section 6. 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 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 the 7nrhday of _T„nP , 2012.
Mayor David Rice Yes
Mayor Pro Tern Kim Wigington Yes
Commissioner Heather Carruthers Ye s
Commissioner Sylvia Murphy Yes
--r`-i- Commissioner George Neugent Yes
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k v-Attest, pANN '.°L. KOLHAGE, CLERK 0,0*>___....-
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B ®.�,.,. . '"f C• By
Deputy Clerk Mayor David Rice
MONROE COUNTY A NEY
APPR AST FO M ,
Date:
Ylit 1'i �_�. ' a i
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(o� 03 0/.1
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7010 1670 0001 0244 8850
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 016-2012 to amend Section 130-
121 of the Monroe County Code revising the regulations pertaining to military airports by
removing the "1977" AICUZ map and matrix, which are provided as figures, and those
regulations associated with the"1977"AICUZ map.
This Ordinance was adopted by the Monroe County Board of County Commissioners at
Regular Meeting, held in formal session, on June 20, 2012. 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: Isabel C. DeSantis, D.C.
cc: Municipal Code Corporation via e-mail
Growth Management Director
County Attorney via e-mail
County Administrator via e-mail
BOCC via e-mail
File
U.S. Postal Service rr,
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated July 6, 2012 and certified copy of Monroe County Ordinance No. 016 -2012, which was filed in this
office on July 10, 2012.
Sincerely,
eitacit g
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley- susan @monroecounty- fl.gov>
Sent: Tuesday, July 31, 2012 2:26 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3
****THIS I S AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 3
Adopted Recorded
Document Date Recorded Format
Ordinance No. 010- 5/16/2012 7/26/2012 PDF
2012
Ordinance No 016- 6/20/2012 7/9/2012 PDF
2012
Ordinance No. 017- 7/18/2012 7/26/2012 PDF
2012
Ordinance No 018- 7/18/2012 7/31/2012 PDF
2012
Ordinance No 019- i
2012 7/18/2012 7/31/2012 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
8/6/2012
Final Order No. DEO -12 -113
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION °
ADOPTED BY MONROE COUNTY, FLORIDA, - --
ORDINANCE NO. 016 -2012 ti
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FINAL ORDER - �� N
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APPROVING MONROE COUNTY ORDINANCE NO. 011 -2012
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 016 -2012 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 20, 2012, and rendered to
the Department on July 7, 2012.
3. The Ordinance amends Section 130 -121 of the Monroe County Code to rename
the Air installation compatible use zones overlay (AICUZ) land use district to the Military
Airports land use district, remove regulations related to the Navy's 1977 Air Installation
Compatible Use Zones, consistent with the County's recent comprehensive plan update on
military airports.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
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Final Order No. DEO -12 -113
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principle:
(h) Protecting the value, efficiency, cost - effectiveness, and
amortized life of existing and proposed major public investments,
including:
4. Key West Naval Air Station and other military facilities.
8. The Ordinance is consistent with Goal 108 and Policies 108.2.1 through 108.2.5
of the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 016 -2012 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 timely filed as described in the Notice of Administrative Rights
below.
2
Final Order No. DEO -12 -113
DONE AND ORDERED in Tallahassee, Florida.
C/
. HOMAS BECK, AICP
Director, Division of Community Development
Department of Economic Opportunity
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 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, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
r
Final Order No. DEO -12 -113
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:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128.
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 thi'sr day of August, 2012.
Al e
iriam Snipes, At fc lerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850 -717 -8531
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1
Final Order No. DEO -12 -113
By U.S. Mail:
The Honorable David Rice
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Christine Hurley, Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
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