Ordinance 025-2001
ORDINANCE NO. 02') - 7001
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-281 (MINIMUM YARD) REGARDING ONLY THE
URBAN RESIDENTIAL MOBILE HOME (URM) LAND USE
DISTRICT; PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF
THE COURT OF THE BOARD TO FORWARD A CERTIFIED COpy
OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during a regular
meeting held on May 17, 2001, conducted a review and consideration of the request for an
amendment to Section 9.5-281 (Minimum yards) of the Monroe County Code to allow minimum
side yard setbacks of 5'/10' for lots less than 50 feet wide and 10'/15' for lots 50 feet wide or
greater in the Urban Residential Mobile Home (URM) land use district; and
WHEREAS, the Planning Commission, Development Review Committee, and Growth
Management Staff all support and recommend approval of this text amendment as indicated in
Resolutions P28-01 and D04-01; and
WHEREAS, the Board of County Commissioners examined the proposed amendment to
Section 9.5-281 (minimum yards) of the Monroe County Code submitted by the Monroe County
Growth Management Division and recommended by the Monroe County Planning Commission;
and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Planning Commission and recommendations of the Growth Management staff;
and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
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Initial
Section 1.
Section 9.5-281 of the Monroe County Code is amended to affect only the Urban
Residential Mobile Home (URM) land use district portion to read as follows:
Sec. 9.5-281. Minimum yards.
Front Side Rear
Land Use District Yard Yard Yard
Land Use (ft.) (ft.) (ft.)
Urban Residential Mobile Home:
Detaehed Residential 10* 10/20* 10*
Mobile Homes 10* 10/20* 10*
Urban Residential Mobile Home:
Lots less than fifty (50) feet wide:
Detached Residential 10 5/10 10
Mobile Homes 10 5/10 10
Lots fifty (50) feet wide or greater:
Detached Residential 10 10/15 10
Mobile Homes 10 10/15 10
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.
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 4.
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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Initial
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17th day of May , A.D., 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
yeo
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yes
yes
BOARD OF COUNTY COMMISSIONERS
O~ COUNTY, FLORIDA d-
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or Neugent
: DANNY KOHLAGE, CLERK
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Initial
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
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
June 7, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400000591186916
Dear Mrs. Cloud,
Enclosed please a find certified copies of the following:
Ordinance No. 023-2001 approving the request by Laura and Associates, Inc. to amend
the Land Use District (Zoning) Map from suburban commercial (SC) to recreational vehicle (RV)
for property described as Lots 4, 5, and 6, Monroe Park, Cross Key, located in Section 4,
Township 60 South, Range 39 3ast, at approximately mile marker 112.5.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on May 16, 2001. Please file for record.
Ordinance No. 024-2001 amending the Monroe County Year 2010 Comprehensive Plan,
Policies 203.1.3, 204.2.6, and 212.2.3, regarding development within wetland and shoreline
setbacks.
Ordinance No. 025-2001 amending Monroe County Code Section 9.5-281 (minimum
yard) regarding only the urban ;esidential mobile home (URM) land use district; providing for the
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the
incorporation into ~he Monroe County Code; and directing the Clerk of the Court of the Board to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs and
providing an effective date.
June 7,2001
Page 2
Ordinance 023-2001
through Ordinance 025-2001
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on May 17, 2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G~
G~--1
Deputy lerk
Cc: County Administrator wlo documents
Growth Management
County Attorney
BOCC
File ./
.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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fTl Name (please Print Clearly) (to be completed by mailer)
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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 mail piece,
or on the front if ~pace pennits.
1. Article Acldressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
(Ordinances 23 to 25-2001)
2. Articll
709
PS Forri
~ Signatu'DEPARTMENT OF~1fE:
D Addressee
D. Is delive!)' address different from item 1? D Yes
If YES. enter delive!)' address below: D No
. JUN 1 2 2001
3. Service Type
~rtified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchandise
DC.C.D.
4. Restricted Delive!)'? (Extra Fee)
DYes
595.00.M-0952
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Di vision of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of library and Information Services
Division of licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Rorida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TatqlalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARrMENT OFSTATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
June 12,2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
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 June 7, 2001 and certified copies of Monroe County
Ordinance Nos. 023-2001 through 025-2001, which were filed in this office on
June 11,2001.
Sincerely,
~~Q
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . TalIahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No. DCAOI-OR-108
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 025-2001
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) & (11), and S 380.0552(9), Fla. Stat. (2000), regarding 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. On June 22, 2001, the Department received for review Monroe County Ordinance No.
025-2001 which was adopted by the Monroe County Board of County Commissioners ( "Ord.
025-2001 "). Ord. 025-2001 amends section 9.5-281 of the Monroe County Code to reduce the
side setback requirements for the Urban Residential Mobile Home (UR-M) zoning district from
10/20 feet to 5/10 feet for lots less than fifty feet wide, am! to ! ails for lots fifty feet wide or
greater.
2. Ord. 025-2001 is consistent with the County's Comprehensive Plan.
CONCLUSIONS OF LAW
3. 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. SS 380.05(6) & (11), and S 380.0552(9), Fla. Stat. (2000).
C)
DCA Final Order No. DCAOI-OR-I08
4. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
5. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (2000). The regulations
adopted by Ord. 025-2001 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 (the
"Principles"). The Principles are construed as a whole and no specific provision is construed or
applied in isolation from the other provisions. ~ 380.0552(7), Fla. Stat. (2000).
7. Ord. 025-2001 promotes and furthers Principle (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;" and
Principle 0), "To make available adequate affordable housing for all sectors of the population of
the Florida Keys. "
8. Ord. 025-2001 is not inconsistent with the remaining Principles. ~380.0552(7), Fla.
Stat. (2000). Ord. 025-2001 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No. DCA01-0R-108
WHEREFORE, IT IS ORDERED that Ord. 025-2001 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, Flori
~
J. OMAS BECK, DIRECTOR
D sion 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 MA Y 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 WRIITEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
3
DCA Final Order No. DCAOI-OR-I08
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.
4
DCA Final Order No. DCAOI-0R-I08
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct
TPi. es ve been furnished to the persons listed below by the method indicated this j.!I...3!day of
2001. ~
~;llf)(~
Paula Ford, Agency Clerk
ByU.S. Mail:
Honorable George Neugent
500 Whitehead Street
Key West, Florida 33040
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 Intera2ency Mail:
Michael McDanie~ Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
5