Ordinance 019-2002
ORDINANCE NO. 019 -2002
AN ORDINANCE AMENDING SECTION 9.5-242, MONROE
COUNTY CODE; PROVIDING FOR WASTEWATER TREATMENT
FACILITIES IN IMPROVED SUBDIVISION DISTRICTS;
PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE MONROE
COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO
FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies
six criteria for amending the land development regulations of which at least one
must be met; and
WHEREAS, wastewater treatment facilities have become a critical issue
for the Florida Keys; and
WHEREAS, The maximum flexibility for the location of these facilities is of
utmost importance to Monroe County; and
WHEREAS, the ability to construct wastewater treatment facilities that can
serve multiple users will provide additional benefits to the community; and
WHEREAS, the proposed amendment provides regulations that will
integrate the proposed facilities with the existing community and screen the
required structures from the adjacent parcels of land; and
WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this
text amendment; and
WHEREAS, The proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the proposed amendment supports implementation of several
policies in the Comprehensive Plan; and
WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses
the Sanitary Sewer element of the plan; and
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WHEREAS, based on the Monroe County Code, staff finds that the
proposed text amendment is consistent with Section 9.5-511 of the Monroe
County Code; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, staff finds that the proposed text amendment is consistent with and furthers
the goals of the Plan; and
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendment to the Monroe County Code submitted by
the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held the
two required public hearings on June 19, 2002 and July 17,2002; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted and transmitted to the state land-planning agency for approval.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Chapter 9.5, Section 242(d)[Umajor conditional uses"], Monroe
County Code, is hereby amended to include the following:
(4) Wastewater treatment facilities and wastewater treatment collection
system(s) serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment
collection system(s) is (are) in compliance with all federal, state,
and local requirements; and
b. The wastewater treatment facility, wastewater treatment
collection system(s) and accessory uses shall be screened by
structure(s) designed to be architecturally consistent with the
character of the surrounding community and minimize the impact of
any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
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perpendicular to the exterior of the screening structure shall be
established with the following:
1. One native canopy tree for every twenty-five (25) linear feet of
screening structure; and one understory tree for every ten (10)
linear feet of screening structure; and
2. The required trees shall be evenly distributed throughout the
planting bed; and
3. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
4. A solid fence may be required upon determination by the
Planning Director
Section 2. 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 validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 17th day of Julv
A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
ves
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
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Mayor Charles "Sonny" McCoy
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APPROVED AS TO FORM
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BY /{
Attorney's Office
ATTEST: DANNY KOHLAGE, CLERK
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•
C,OUNTyCY..
4.2t$
oy90E COUNrr•��`a
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
July 31, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code&Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400 0005 9118 5988
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 018-2002 to correct scrivener's errors in Ordinance No. 033-2001
(Wireless Communications) that inadvertently deleted or failed to delete numerous Sections of
Chapter 9.5, Monroe County Code; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code
of Ordinances; and providing an effective date.
Ordinance No. 019-2002 amending Section 9.5-242, Monroe County Code; providing for
wastewater treatment facilties in improved subdivsion districts; providing for the severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation
into the.Monroe County Code of Ordinances; directig the Clerk of the Board to forward a
certified copy of this Ordinance to the Florida Department of Community Affairs; and providing
for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on July 17, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Ordinance Nos. 018-2002 & 019-2002
July 31, 2002 •
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:
1J14-44...cer4d
Pamela G. ancock, Deputy Clerk
cc: County Administrator w/o documents
Growth Management
County Attorney U.S. Postal Service
BOCC CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
File
Mrs. Liz Cloud (Ord. 018 & 019-2002)
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. Bureau of Administrative Code & Laws
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Tallahassee FL 32399-0250
PS Form 3800,July'1999 -e e -f '
' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clear! B. of Delivery
item 4 if Restricted Deliveryis desired. DEP (0.
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■ Print your name and address on the reverse �� r' l '
so that we can return the card to you. C. Signature• Attach this card to the back of the mailpiece, X AUG 05 2002 ❑.Agent 1.
or on the front if space permits. ❑.Addressee
D. Isdeliv a dr .....i ❑'Yes
1. Article Addressed to: If YE e dew r ;� ❑No ,
Mrs. Liz Cloud
Bureau of Administrative Code GRACIE PENTON
The Collins Building DEPARTMENT OF STATE, a •
107 W Gaines Street, Suite L43 3. Service Type l
Tallahassee FL Yff&rtified Mail El Express Mail
❑ Registered ❑ Return Receipt for Merchandise
(Ord. 018 & 019-2002) ❑ Insured Mail ❑ C.O.D. •
4. Restricted Delivery?(Extra
Fee) ❑Yes: 1.
2. Article Number(Copy from service label)
7099 3400, 0005. 9118 5988
PS Form 38111,AR/1999 [i 1 1 t t t t Domestic RemrstRedelpti i i1 i 11 1 Hill 102595700-M 0952
DIVISIONS OF FLORIDA DEPARTMENT OF STATE `��"`.g. MEMBER OF THE FLORIDA CABINET
Office of the Secretary State Board of Education
,- ��,;.Be: ', Trustees of the Internal Improvement Trust Fund
Office of International Relations ��••f•xx�.��i
Division of Elections "��''r Y g; Administration Commission
Division of Corporations v'`:�yi 3;'.:=•.4' Florida Land and Water Adjudicatory Commission
.&,�l�.�c% t:''• Siting Board
Division of Cultural Affairs =
f"' Division of Bond Finance
Division of Historical Resources ri Wi.
Department of Revenue
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE Department of Law Enforcement
Division of Administrative Services Department of Highway Safety and Motor Vehicles
Jim Smith Department of Veterans'Affairs
Secretary of State
DIVISION OF ELECTIONS
M -I,
August 6, 2002 = m
Honorable Danny L. Kolhage CD• • l-0 CD
Clerk of the Circuit Court -7,
Monroe County =�: r
500 Whitehead Street , ; N
73
Key West, Florida 33040
Attention: Pam Hancock,Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 31, 2002 and certified copies of Monroe County
Ordinance Nos. 018-2002 and 019-2002, which were filed in this office on
August 5, 2002.
Sincerely,
,i6 0....t_cyckg._
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270
FAX: '(850)245-6282. 4 1WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.stateil.us
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RECEIVED OCT 2 4 2002
DCA Final Order No.: DCA02-OR-273
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 019-2002
FINAL ORDER
The Department of Community Affairs (the"Department")hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11),Fla. Stat., and § 380.0552(9),Fla. Stat. (2001), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS 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 August 19, 2002, the Department received for review Monroe County Ordinance
No. 019-2002 which was adopted by the Monroe County Board of County Commissioners on
July 17, 2002 ("Ord. 019-2002"). Ord. 019-2002 amends Section 9.5-242 of the Monroe
County Code to add language that will permit the construction of wastewater treatment facilities
and wastewater treatment collection systems as a"major conditional use" in any land use district
in order to allow the maximum flexibility for the location of such facilities.
3. Ord. 019-2002 is consistent with the County's 2010 Comprehensive Plan.
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) and (11),Fla. Stat., and § 380.0552(9), Fla. Stat. (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
1
Concern. § 380.0552,Fla. Stat. (2001) 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. (2001). The
regulations adopted by Ord. 019-2002 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. 019-2002 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.
(e) To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public investments,
including:
2. Sewage collection and disposal facilities;
(1) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
9. Ord. 019-2002 is not inconsistent with the remaining Principles. Ord. 019-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 019-2002 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
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 Tallahasse , • .
SONNY TIMMERMAN,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
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, 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 2 day of October, 2002.
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
4
•
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich,Assistant General Counsel, DCA Tallahassee
5