Ordinance 039-2006
ORDINANCE NO 039-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CREATING A NEW
SECTION 9.5-491.1 PROPORTIONATE FAIR-SHARE
MITIGATION OF DEVELOPMENT IMPACTS ON
TRANSPORTATION FACILITIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
CODE PROVISIONS AND ORDINANCES INCONSISTENT
WITH THIS ORDINANCE; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE; PROVIDING FOR
THE TRANSMITTAL OF THIS ORDINANCE TO THE
STATE DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL OF THIS ORDINANCE BY THE STATE
DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS: Pursuant to Chapter 163.3181(16)(a)F.S., by December 1, 2006 each local
government is mandated to adopt by ordinance a methodology for assessing proportionate
fair-share mitigation options for impacts on transportation facilities; and
WHEREAS: The Monroe County Board of County Commissioners (BOCC) finds and
determines that transportation capacity is a commodity that has a value to both the public
and private sectors and that the County's Proportionate Fair-Share Program:
1. Provides a method by which the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the public and private
sectors; and
2. Allows developers to proceed under certain conditions, notwithstanding
the failure of transportation concurrency, by contributing their proportionate fair-
share of the cost of a transportation facility; and
3. Contributes to the provision of adequate public facilities for future growth
and promotes a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic congestion;
and
4. Maximizes the use of public funds for adequate transportation facilities to
serve future growth, and may, in certain circumstances, allow the County to
expedite transportation improvements by supplementing funds currently allocated
for transportation improvements in the Capital Improvements Element (CIE) of
the Monroe County 2010 Comprehensive Plan; and
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5. Is consistent with ~163.3180(16), F.S., and supports the following policies
in the Monroe County 2010 Comprehensive Plan: Intergovernmental
Coordination Element Policies 1301.3.2, 1301.3.3, and 1301.3.4; and Capital
Improvements Element Objectives and Policies 1401.3, 1401.3.1, 1401.4.4,
1401.4.5, and 1401.4.7; and
6. Is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern as a whole, and is not inconsistent with any
Principle, and furthers Principle (h); To protect the value, efficiency, cost-
effectiveness, and amortized life of existing and proposed major public
investments, including: 5. Transportation facilities.
7. Protects and promotes the public safety and general welfare of the citizens
of Monroe County; and
8. At a regularly scheduled meeting held on the 11th day of October, 2006,
the Monroe County Planning Commission reviewed this matter and recommended
that the Board of County Commissioners adopt land development regulations
providing for proportionate fair-share mitigation of development impacts on
transportation facilities.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board adopts the preceding [mdings of fact and conclusions of law in
support of its decision to amend the text of the Monroe County Code.
Section 2. Text Amendment. Section 9.5-490.1 of the Monroe County Land
Development Regulations is hereby created to read as follows:
Section 9.5-491.1 Proportionate fair-share mitigation of development impacts on
transportation facilities.
a. Purpose and Intent:
(1) The purpose of this ordinance is to establish a method whereby the
impacts of development on transportation facilities can be mitigated by the
cooperative efforts of the public and private sectors, to be known as the
Proportionate Fair-Share Program, as required by and in a manner consistent with
~163.3180(16), F.S.
b. Applicability:
(1) The Proportionate Fair-Share Program shall apply to all developments in
Monroe County that have been notified of a lack of capacity to satisfy
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transportation concurrency on a transportation facility in the County's Concurrency
Management System (CMS), including transportation facilities maintained by
FDOT or another jurisdiction that are relied upon for concurrency determinations,
pursuant to the requirements of Section e.
(2) Proportionate fair-share mitigation shall be applied as a credit against
impact fees to the extent that all or a portion of the proportionate fair-share
mitigation is used to address the same capital infrastructure improvements
contemplated by Monroe County's impact fee ordinance.
(3) Proportionate fair-share mitigation includes, without limitation, separately
or collectively, private funds, contributions of land, and construction and
contribution of facilities and may include public funds as determined by the
County. The fair market value of the proportionate fair-share mitigation shall not
differ based on the form of mitigation. The County may not require a
development to pay more than its proportionate fair-share contribution regardless
of the method of mitigation.
(4) The Proportionate Fair-Share Program does not apply to developments of
regional impact (DRls) using proportionate fair-share under 9163.3180(12), F.S.,
or to developments exempted from concurrency as provided in Chapter 163.3180,
F.S., regarding exceptions and de minimis impacts.
c. Definitions
The words and phrases used herein shall have the meaning prescribed by the
Monroe County Land Development Regulations, except as indicated below:
Applicant or Developer or Owner means any individual, corporation, business
trust, estate trust, partnership, association, two or more persons have a joint or
common interest, governrnental agency, or any other legal entity, which has
submitted an Application for A Fair Share Agreement and/or who desires to
participate in the Fair Share Program.
Application means an application presented to the County containing the
information required pursuant to this Ordinance.
BOCC means the Monroe County Board of County Commissioners.
Capital Improvements Element (CIE) means the element of the Comprehensive
Plan adopted pursuant to Chapter 163 (Part II), Florida Statutes, which is based on
the need for public facilities as identified in the other Comprehensive Plan
elements and as defined in the applicable definitions for each type of public
facility, which estimates the cost of improvements for which the local governrnent
has fiscal responsibility, which analyzes the fiscal capability of the local
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government to finance and construct improvements, which adopts financial
policies to guide the funding of improvements, and which schedules the funding
and construction of improvements in a manner necessary to ensure that capital
improvements are provided when required based on needs identified in the other
adopted Comprehensive Plan elements.
Concurrency means that the necessary public facilities and services to maintain
the adopted level of service standards are available when the impacts of
development occur.
Concurrency Coordinator means the Director of the Monroe County Planning and
Environmental Resources Department or his or her designee.
Concurrency Management System (CMS) means the procedures and/or processes
utilized by the County to assure that [mal development orders and final
development permits are not issued unless the necessary public facilities to
support the development are available concurrent with the impacts of
development. The requirements of the Concurrency Management System are
provided for in Policies 1401.4.5, 1401.4.6, 1401.4.7, 1401.4.8, and 1404.9 of the
Capital Improvements Element of the Monroe County 2010 Comprehensive Plan.
County means Monroe County, Florida.
Department is the Monroe County Department of Planning and Environmental
Resources.
Deficient Roadway means a roadway or segment on the Roadway Network which
is within the Traffic Impact Area of a proposed development, which development
(1) would cause the LOS standard for the affected roadway or segment to fall
below the minimum accepted level as determined under the County's
Concurrency Management System, or (2) has an impact on travel or delay time on
an existing Deficient Roadway. Deficient roadways also include roadways
designated as constrained or backlogged.
Future Transportation Map is the map(s) within the Map AtlaslDocument
adopted in the Monroe County Comprehensive Plan, as the same may be amended
from time to time, indicating all freeways, arterial and collector roadways which
will provide for adequate traffic circulation within its planning period.
Impacted Road Segment means any road segment or link on the Roadway
Network that is wholly or partially within the project's traffic impact area.
Roadway Network means an interconnected system of freeway, arterial and
collector roads identified by the County in its Comprehensive Plan and
Concurrency Management System for which the Level of Service standards must
be maintained.
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Traffic Impact Area of a particular development is determined by a traffic study,
in coordination with the County Traffic Engineer, from each of the overall
development's entrance/connections to a roadway external to the development. If
there are no roadways or segments on the Roadway Network within the defined
area, the traffic impact area shall encompass the nearest roadway or link on the
Roadway Network.
Transportation Concurrency means that the necessary public facilities and
services to maintain the applicable Level of Service standards for road facilities
adopted in Policies 301.1.1 and 301.1.2 of the Monroe County 2010
Comprehensive Plan are available when the impacts of development occur.
d. General Requirements
(1) An applicant may choose to satisfy the transportation concurrency requirements
of the County by making a proportionate fair-share contribution, pursuant to the
following requirements:
(a) The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
(b) The five-year schedule of capital improvements in the County's Capital
Improvements Element (CIE) or the long-term schedule of capital improvements
for an adopted long-term CMS includes a transportation improvement(s) that,
upon completion, will satisfy the requirements of the County transportation CMS.
The provisions of Section d. (2) may apply if a project or projects needed to
satisfy concurrency are not presently contained within the local government CIE
or an adopted long-term schedule of capital improvements.
(2) The County may choose to allow an applicant to satisfy transportation
concurrency through the Proportionate Fair-Share Program by contributing to an
improvement that, upon completion, will satisfy the requirements of the County
transportation CMS, but is not contained in the five-year schedule of capital
improvements in the CIE or a long- term schedule of capital improvements for an
adopted long-term CMS, where the following apply:
(a) The County adopts, by resolution or ordinance, a commitment to add the
improvement to the five-year schedule of capital improvements in the CIE or
long-term schedule of capital improvements for an adopted long-term CMS no
later than the next regularly scheduled update. To qualify for consideration
under this section, the proposed improvement must be reviewed by the
appropriate County departrnent(s), and determined to be financially feasible
pursuant to ~163.3180(16) (b) 1, F.S., consistent with the comprehensive plan,
and in compliance with the provisions of this ordinance. Financial feasibility
for this section means that additional contributions, payments or funding
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sources are reasonably anticipated during a period not to exceed 10 years to
fully mitigate impacts on the transportation facilities.
(b) If the funds allocated for the five-year schedule of capital improvements in the
County CIE are insufficient to fully fund construction of a transportation
improvement required by the CMS, the County may still enter into a binding
proportionate fair-share agreement with the applicant authorizing construction
of that amount of development on which the proportionate fair-share is
calculated if the proportionate fair-share amount in such agreement is
sufficient to pay for one or more improvements which will, in the opinion of
the County, significantly benefit the impacted transportation system.
(c) The improvement or improvements funded by the proportionate fair-share
component must be adopted into the five-year capital improvements schedule
of the comprehensive plan or the long-term schedule of capital improvements
for an adopted long-term concurrency management system at the next annual
capital improvements element update.
(3) Any improvement project proposed to meet the developer's fair-share obligation
must meet design standards of the County for locally maintained roadways and
those of the FDOT for the state highway system.
e. Intergovernmental Coordination
Pursuant to the intergovernmental coordination policies of the County's
Comprehensive plan and relevant policies of the South Florida Regional Planning
Council's Regional Plan for South Florida, the County shall coordinate with affected
jurisdictions, including FDOT, regarding mitigation to impacted facilities not under
the jurisdiction of County. An interlocal agreement may be established with other
affected jurisdictions for this purpose.
f. Application Process
(1) Upon notification of a lack of capacity to satisfy transportation concurrency, the
applicant shall also be notified in writing of the opportunity to satisfy
transportation concurrency through the Proportionate Fair-Share Program
pursuant to the requirements of subsection d.
(2) Prior to submitting an application for a proportionate fair-share agreement, a pre-
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted
facility is on the Strategic Intermodal System (SIS), then the FDOT will be
notified and invited to participate in the pre-application meeting.
(3) Eligible applicants shall submit an application to the County that includes, but is
not limited to, an application fee and the following:
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(a) Name, address and phone number of land owner(s), developer and agent;
(b) Property location, including parcel identification numbers;
(c) Legal description and survey of property;
(d) Project description, including type, intensity and amount of development;
(e) Phasing schedule, if applicable;
(f) Description of requested proportionate fair-share mitigation method(s); and
(g) Copy of concurrency application.
(4) The County's Planning Director shall review the application and certify that the
application is sufficient and complete within 10 business days. If an application is
determined to be insufficient, incomplete or inconsistent with the general
requirements of the Proportionate Fair-Share Program as indicated in Section d,
then the applicant will be notified in writing of the reasons for such deficiencies
within 10 business days of submittal of the application. If such deficiencies are
not remedied by the applicant within 30 days of receipt of the written notification,
then the application will be deemed abandoned. The BOCC may, in its discretion,
grant an extension of time not to exceed 60 days to cure such deficiencies,
provided that the applicant has shown good cause for the extension and has taken
reasonable steps to effect a cure.
(5) Pursuant to ~163.3180(16) (e), F.S., proposed proportionate fair-share mitigation
for development impacts to transportation facilities on U.S. 1 requires the
concurrency of the FDOT. The applicant shall submit evidence of an agreement
between the applicant and the FDOT for inclusion in the proportionate fair-share
agreement.
(6) When an application is deemed sufficient, complete, and eligible, the applicant
shall be advised in writing and a proposed proportionate fair-share obligation and
binding agreement will be prepared by the County or the applicant with direction
from the County and delivered to the appropriate parties for review, including a
copy to the FDOT for any proposed proportionate fair-share mitigation on U.S. 1,
no later than 60 days from the date at which the applicant received the notification
of a sufficient application and no fewer than 14 days prior to the BOCC meeting
when the agreement will be considered.
(7) The County shall notify the applicant regarding the date of the BOCC meeting
when the agreement will be considered for final approval. No proportionate fair-
share agreement will be effective until approved by the BOCC.
g. Determining Proportionate Fair-Share Obligation
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(1) Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
(2) A development shall not be required to pay more than its proportionate fair-share.
The fair market value of the proportionate fair-share mitigation for the impacted
facilities shall not differ regardless of the method of mitigation, pursuant to
163.3180 (16) (c), F.S.
(3) The methodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
The cumulative number of trips from the proposed development expected to reach
roadways during peak hours from the complete build out of a stage or phase being
approved, divided by the change in the peak hour maximum service volume
(MSV) of roadways resulting from construction of an improvement necessary to
maintain the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted LOS;
OR
Proportionate Fair-Share = ~[r(Development Tripsi) / (SV Increasei)] x COSti]
Where:
Development Tripsi = Those trips from the stage or phase of development under
review that are assigned to roadway segment "i" and have
triggered a deficiency per the CMS;
SV Increasei =
Service volume increase provided by the eligible
improvement to roadway segment "i" per section d;
COSti =
Adjusted cost of the improvement to segment "i". Cost
shall include all improvements and associated costs, such
as design, right-of-way acquisition, planning, engineering,
inspection, and physical development costs directly
associated with construction at the anticipated cost in the
year it will be incurred.
(4) For the purposes of determining proportionate fair-share obligations, the County
shall determine improvement costs based upon the actual cost of the improvement
as obtained from the CIE or the FDOT Work Program. Where such information
is not available, improvement cost shall be determined using one of the following
methods:
(a) An analysis by the County of costs by cross section type that incorporates data
from recent projects and is updated and approved by the BOCC. In order to
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accommodate increases in construction material costs, project costs shall be
adjusted by an inflation factor; or
(b) The most recent issue of FDOT Transportation Costs, as adjusted based upon
the type of cross-section (urban or rural); locally available data from recent
projects on acquisition, drainage and utility costs; and significant changes in
the cost of materials due to unforeseeable events. Cost estimates for state road
improvements not included in the adopted FDOT Work Program shall be
determined using this method in coordination with the FDOT District.
(5) If the County has accepted an improvement project proposed by the applicant,
then the value of the improvement shall be determined using one of the methods
provided in this section.
(6) If the County has accepted right-of-way dedication for the proportionate fair-share
payment, credit for the dedication of the non-site related right-of-way shall be
valued on the date of the dedication at 120 percent (120%) of the most recent
assessed value by the Monroe County property appraiser or, at the option of the
applicant, by fair market value established by an independent appraisal approved
by the County and at no expense to the County. The applicant shall supply a
drawing and legal description of the land and a certificate of title or title search of
the land to the County at no expense to the County. If the estimated value of the
right-of-way dedication proposed by the applicant is less than the County
estimated total proportionate fair-share obligation for that development, then the
applicant must also pay the difference. Prior to purchase or acquisition of any real
estate or acceptance of donations of real estate intended to be used for the
proportionate fair-share, public or private partners should contact the FDOT for
essential information about compliance with federal law and regulations.
h. Impact Fee Credit for Proportionate Fair-Share Mitigation
(1) Proportionate fair-share contributions shall be applied as a credit against impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is
used to address the same capital infrastructure improvements contemplated by the
County's impact fee ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed
development. Impact fees owed by the applicant will be reduced per the
Proportionate Fair-Share Agreement as they become due per the County Impact
Fee Ordinance. If the applicant's proportionate fair-share obligation is less than
the development's anticipated road impact fee for the specific stage or phase of
development under review, then the applicant or its successor must pay the
remaining impact fee amount to the County pursuant to the requirements of the
County impact fee ordinance.
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(3) Major projects not included within the Countyt's impact fee ordinance or created
under Section d. (2) (a) and (b) which can demonstrate a significant benefit to the
impacted transportation system may be eligible at the County's discretion for
impact fee credits.
(4) The proportionate fair-share obligation is intended to mitigate the transportation
impacts of a proposed development at a specific location. As a result, any road
impact fee credit based upon proportionate fair-share contributions for a proposed
development cannot be transferred to any other location unless provided for
within the local impact fee ordinance.
i. Proportionate Fair-Share Agreements
(1) Upon execution of a proportionate fair-share agreement the applicant shall receive
a County certificate of concurrency approval. Should the applicant fail to apply
for a development permit within 12 months or timefrarne provided in the local
CMS of the execution of the Agreement, then the Agreement shall be considered
null and void, and the applicant shall be required to reapply.
(2) Payment of the proportionate fair-share contribution is due in full prior to
issuance of the final development order or recording of the fmal plat and shall be
non-refundable. If the payment is submitted more than 12 months from the date
of execution of the Agreement, then the proportionate fair-share cost shall be
recalculated at the time of payment based on the best estimate of the construction
cost of the required improvement at the time of payment, pursuant to subsection g
and adjusted accordingly.
(3) All developer improvements authorized under this ordinance must be completed
prior to issuance of a development permit, or as otherwise established in a binding
agreement that is accompanied by a security instrument that is sufficient to ensure
the completion of all required improvements. It is the intent of this section that
any required improvements be completed before issuance of building permits or
certificates of occupancy.
(4) Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed prior to issuance of the
final development order or recording of the final plat.
(5) Any requested change to a development project subsequent to a development
order may be subject to additional proportionate fair-share contributions to the
extent the change would generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The application
fee and any associated advertising costs to the County will be non refundable.
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(7) The County may enter into proportionate fair-share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
j. Appropriation of Fair-Share Revenues
(1) Proportionate fair-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the County CIE, or as
otherwise established in the terms of the proportionate fair-share agreement. At
the discretion of the County, proportionate fair-share revenues may be used for
operational improvements prior to construction of the capacity project from which
the proportionate fair-share revenues were derived. Proportionate fair-share
revenues may also be used as the 50% local match for funding under the FDOT
TRIP.
(2) In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of
another improvement within that same corridor or sector that would mitigate the
impacts of development pursuant to the requirements of Subection d (2)(b).
Where an impacted regional facility has been designated as a regionally
significant transportation facility in an adopted regional transportation plan as
provided in Section 339.155, F.S., and then the County may coordinate with other
impacted jurisdictions and agencies to apply proportionate fair-share contributions
and public contributions to seek funding for improving the impacted regional
facility under the FDOT TRIP. Such coordination shall be ratified by the County
through an interlocal agreement that establishes a procedure for earmarking of the
developer contributions for this purpose.
(3) Where an applicant constructs a transportation facility that exceeds the applicant's
proportionate fair-share obligation calculated under Section g, the County shall
reimburse the applicant for the excess contribution using one or more of the
following methods:
(a) An impact fee credit account may be established for the applicant in the
amount of the excess contribution, a portion or all of which may be assigned
and reassigned under the terms and conditions acceptable to the County.
(b) An account may be established for the applicant for the purpose of
reimbursing the applicant for the excess contribution with proportionate fair-
share payments from future applicants on the facility.
(c) The County may compensate the applicant for the excess contribution through
payment or some combination of means acceptable to the County and the
applicant.
k. Cross Jurisdictional Impacts
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(1) In the interest of intergovernmental coordination and to reflect the shared
responsibilities for managing development and concurrency, the County may
enter an agreement with one or more adjacent local governments to address cross
jurisdictional impacts of development on regional transportation facilities. The
agreement shall provide for application of the methodology in this section to
address the cross jurisdictional transportation impacts of development.
(2) A development application submitted to the County subject to a transportation
concurrency determination meeting all of the following criteria shall be subject to
this section:
(a) All or part of the proposed development is located within a segment of the
Traffic Impact Area which is under the jurisdiction, for transportation
concurrency, of an adjacent local government; and
(b) Using its own concurrency analysis procedures, the County concludes that the
additional traffic from the proposed development would use five percent (5%)
or more of the reserve speed of a regional transportation facility within the
concurrency jurisdiction of the adjacent local government "impacted regional
facility"; and
(c) The impacted regional facility is projected to be operating below the level of
service standard, adopted by the adjacent local government, when the traffic
from the proposed development is included.
(3) Upon identification of an impacted regional facility pursuant to subsection k
(2)(a)-(c), the County shall notify the applicant and the affected adjacent local
government in writing of the opportunity to derive an additional proportionate
fair-share contribution, based on the projected impacts of the proposed
development on the impacted adjacent facility.
(a) The adjacent local government shall have up to ninety (90) days in which to
notify the County of a proposed specific proportionate fair-share obligation,
and the intended use of the funds when received. The adjacent local
government must provide reasonable justification that both the amount of the
payment and its intended use comply with the requirements of Section
163.3180(16), F.S. Should the adjacent local government decline
proportionate fair-share mitigation under this section, then the provisions of
this section would not apply and the applicant would be subject only to the
proportionate fair share requirements of the County.
(b) If the subject application is subsequently approved by the County, the approval shall
include a condition that the applicant provides, prior to the issuance of any building
permit covered by that application, evidence that the proportionate fair-share
obligation to the adjacent local government has been satisfied. The County may
require the adjacent local government to declare, in a resolution, ordinance, or
equivalent document, its intent for the use of the concurrency funds to be paid by the
applicant.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
Section 7. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (11), Florida Statutes.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380., Florida
Statutes.
PASSED AND ADOPTED by the Monroe County Board of County Comm~ioners ~
regular meeting held on the 15th day of November, 2006. <:> !2 ~
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Mayor Mario DiGenparo
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny"
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
McCoy
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
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MayorMario DiGennaro
AT'TEST: D:z:.=1E' CLERK
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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, SUITE 101
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
January 19, 2007
Ms Liz Cloud, Program Administrator
Administrative Code & Weekley
RA Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7004 1160 000719747824
Dear Ms Cloud,
Enclosed please find a certified copy of the following:
Ordinance No. 038-2006 amending Table 4.1 Five- Year Schedule of Capital
Improvements; Providing for the repeal of all Ordinances inconsistent herewith; and directing the
Director of Planning and Environmental Resources to forward a certified copy of this Ordinance
to the Florida Department of Community Affairs; and providing an effective date.
Ordinance No. 039-2006 creating a new Section 9.5-491.1 Proportionate Fair-Share
Mitigation of Development Impacts on Transportation Facilities; Providing for Severability;
Providing for the repeal of all Code Provisions and Ordinances inconsistent with this Ordinance;
Providing for inclusion in the Monroe County Code; Providing for the transmittal of this
Ordinance to the State Department of Community Affairs; and providing an effective date upon
approval of this Ordinance by the State Department of Community Affairs.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on November 15, 2006. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny L Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G Hancock, D. C.
Monroe County Clerk's Office
Ordinance Nos. 038-2006 & 039-2006
cc: Growth Management
County Attorney
Engineering
BOCC
File
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item 4 It Reetricted [)eINelY Is desired.
. Print your name and address on the reverse
sO that we can re\um the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
i. Article Addressed to:
Ms. LiZ Cloud, program Admin.
AdminstratiV'e code & Vleekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
(ORD.038&039-2006)
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WE~
~LORIDA DEPARTMENT oj STAT~
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
January 25, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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Attention: Pamela G. Hancock, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated January 19, 2007 and certified copies of Monroe County Ordinance Nos. 038-2006 and 039-
2006, which were filed in this office on January 23, 2007.
Sincerely,
tAtr~
Liz Cloud
Program Administrator
LC/cga
DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 8502456735 . TOO: 850.922.4085 . http://dlis.dos.state.fI.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850,245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245,6744
5T A TE 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
DCA Final Order No.: DCA07-0R-052
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 039-2006
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FINAL ORDER
The Department ofCornmunity Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2006), 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
I. 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 February 23,2007, the Department received for review Monroe County
Ordinance No. 039-2006 ("Ord. 039-2006").
3. The final order for this Ordinance must be signed by March 30, 2007.
4. The purpose of the Ordinance is to adopt a methodology for assessing
proportionate fair-share mitigation options for impacts on transportation facilities and create new
land development regulations to implement the Transportation Proportionate Fair-Share
Mitigation Program.
5. Ordinance 039-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
DCA Final Order No.: DCA07-0R-052
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. 9380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2006).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
otherregulations controlling the development ofland. 9 380.031 (8), Fla. Stat. (2006). The
regulations adopted by Ord. 039-2006 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 9 380.0552(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.
10. Ord. 039-2006 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 ofthe area of
critical state concern designation.
(h) To protect the value, efficiency, cost-effectiveness and
amortized life of existing and proposed major public
investments.
11. Ord. 039-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 039-2006 is found to be consistent with the
Principles for Guiding Development ofthe Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
DCA Final Order No.: DCA07-0R-052
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.
C~ L..
CHARLES GAUTt'lIER, 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 ADMlNISTRA TNE 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 ADMINISTRA TNE
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
ADMlNISTRA TNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-1 06, PARTS I AND III, FLORIDA ADMlNISTRA TNE CODE. IN AN
INFORMAL ADMINISTRATNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT ATNE, 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 mSTIFY 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
ADMlNISTRATNE HEARING BEFORE AN ADMINISTRATNE LAW moGE OF THE
DNISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATNECODE. AT AFORMALADMINISTRATNEHEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATNE, AND
3
DCA Final Order No.: DCA07-0R-052
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 ofthe 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 4day of /J1~, 2007.
~
4
DCA Final Order No.: DCA07-0R-052
Bv U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5
Page 1 of 1
Pam Hancock
From:
To:
Sent:
Subject:
<no-re ply@rnunicode.com>
<phancock@monroe-clerk.com>
Monday, June 18,20079:24 AM
Acknowledgment of material received
This is a computer generated email. please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
650-576-3171
Fax: 850-575-6852
infolfilmunicode.com
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 95
Recorded: 6/18/20079:22:30 AM
We have received the following material through Hard Copy.
Document Adoption
Ordinance No. 008-2007 5/16/2007
Ordinance No. 039-2006 11/1512006
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