Ordinance 007-2007
ORDINANCE NO 007-2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-
22(h)(2) OF THE MONROE COUNTY CODE: PLANNING
COMMISSION MEETINGS, HEARINGS AND
PROCEDURE; 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 Section 9.5-511 (d)(5)(b) of the Monroe County Code,
the Monroe County Board of County Commissioners may adopt changes to the text or
map ofthe land development regulations based on, but not limited to,
(i) changed projections regarding public service needs from those on
which the text or boundary was based,
(ii) changed assumptions regarding demographic trends, or
(iii) new issues, and
1. Due to the recent incorporations of Islamorada and the City of Marathon, the
service area boundary of the middle Keys sub-county planning area has
diminished in size, resulting in a smaller area in which the County has jurisdiction
over land use regulations, and
2. The diminution of the service area boundary of the Middle Keys sub-area has
resulted in a change in the demographics and size of population being served by
the County, and
3. Due to the loss of the Middle Keys sub-area, the shift in the number of minor and
major conditional uses, variances and administrative appeals requiring public
hearings to be held closest to subject properties in the Lower Keys will increase
the demand for public services in the Lower Keys sub-area, public service needs
which can best be met by having one of the regularly scheduled bi-monthly
meetings of the Planning Commission in the Lower Keys sub-area, and
WHEREAS: The current practice of holding one of the regular Planning
Commission meetings in the Middle Keys sub-area is inefficient for serving the needs of
residents in unincorporated Monroe County, because the incorporations of Islamorada
and the City of Marathon have removed a majority of the Middle Keys sub-area from
Monroe County's jurisdiction over land use regulations, and
WHEREAS: In consideration of new issues, and changed projections and
assumptions regarding public service needs and demographic trends in the middle Keys
sub-area, the Planning Commission directed staff at a regularly scheduled meeting of the
Planning Commission to research alternatives for improving public service to residents of
unincorporated Monroe County, while providing flexibility to schedule special meetings
in the middle Keys or any sub-area as necessary, and
WHEREAS: A staff report was prepared and presented to the Monroe County
Development Review Committee on February 16, 2007, which recommended approval of
a text amendment providing for a rotation of the bi-monthly Planning Commission
meetings between the upper and lower Keys sub areas, and
WHEREAS: The text amendment furthers Principle (a) of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern: To strengthen
local government capabilities for managing land use and development so that local
gavernment is able to achieve these objectives without the continuation of the area of critical
state cancern designatian, and
WHEREAS: The proposed text amendment is in the interest of public welfare,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board adopts the preceding findings 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 9.5-22 of the Monroe County Land Development
Regulations is hereby amended as follows:
Sec. 9.5-22. Planning commission. (h) Meetings, Hearings and Procedure:
(2) The regularly scheduled (bi-monthly) meetings shall rotate between the lower Keys
and upper Keys sub-areas. All items which relate to specific properties such as but not
limited to minor and major conditional uses, variances and administrative appeals, shall
be held at the regularly scheduled meeting closest to the subject property. The planning
commission may, in its discretion, schedule special meetings in the middle Keys sub-area
as required by the demand for such meetings. In cases where an item is postponed due to
the lack of a quorum of the planning commission, the item shall be continued to a special
meeting to be held in the same sub-area within seven (7) working days. In cases where an
item is postponed for any other reason, the item shall be continued to the next regularly
scheduled meeting closest to the subject property. Items which are not related to specific
properties, such as but not limited to text amendments to this chapter and comprehensive
plan amendments, may be heard in either the lower or upper Keys locations, or the
planning commission may, in its discretion, schedule such items for the most appropriate
area or for additional meetings in each sub-area, including the middle Keys.
Section 3. 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 4. 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 5. 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 6. 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.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Section 7. 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 Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 18th day of April, 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
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BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
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Mayor Mario DiGennaro
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Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M. IMSLEY ;;.
ASSISTANT COUNTY ATTORNEY
Date :,-.2.-P--O'7
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST I FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OffICE:
MARATHON SUB COURTHOUSE
31170VERSEAS HIGHWAY
MARATHON, FLURIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OffICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
May 8, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
RA Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7004 1160 000719747886
Dear Ms Cloud,
Enclosed please find a certified copy of Ordinance No. 007-2007 amending Section
9.5-22(h)(2) of the Monroe County Code; Planning Commission Meetings, Hearings and
Procedure; providing for severability; providing for the repeal of all Code provision 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on April 18, 2007. 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
cc: Growth Management
County Attorney
BOCC
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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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
DR,a, 007. Zoo 0
2. Article Number
(rransfer from seNles label) _
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X 0 Agent
OEPT. OF STATE D Addressee
D. Is delivery address different from item 1?
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C. Date of Delivery
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3. Sepice Type
III Certified Mail 0 Express Mail
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o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7004 1160 0007 1974 7886
Domestic Return Receipt
10259S-Q2-M-1540
CHARLIE CRIST
Governor
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~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
May 14, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated May 8, 2007 and certified copy of Monroe County Ordinance No. 007-2007, which was
filed in this office on May 11,2007.
Sincerely,
~~~
Liz Cloud
Program Administrator
LC/lbh
DIRECTOR'S OFFICE
RA Gray Building _ 500 South Bronough Street _ Tallahassee, Florida 32399~0250
850.245.6600 . FAX: 850.245.6735 . roD: 850.922.4085 . bttp:/ldlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
5T A IE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLA rIVE LIBRAR Y 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
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DCA Final Order No.: DCA07-0R-131
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 007-2007
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 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 May 11,2007, the Department received for review Monroe County Ordinance
No. 007-2007 ("Ord. 007-2001"), adopted by Monroe County on April 18, 2007.
3. The purpose of the Ordinance is to amend Monroe County Code Section 9.5-
22(h)(2) in order to change the location of one of the two monthly Planning Commission
meetings to a location in the Lower Keys rather than the current location in Marathon. The
regularly sch,eduled (bi-monthly) meetings shaH rotate between the lower Keys and the upper
Keys sub-areas and provide easier access for the citizenry of the lower Keys to participate in
public hearings appropriate to the lower Keys sub area.
4. Ordinance 007-2007 is consistent with the 2010 Monroe County Comprehensive
Plan, Goal 1303.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
DCA Final Order No.: DCA07-0R-131
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 9 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2006).
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2006). The
regulations adopted by Ord. 007-2007 are land development regulations.
8. 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.
9. Ord. 007-2007 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.
(I) To protect the public health, safety, and welfare ofthe citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
10. Ord. 007-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 007-2007 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
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DCA Final Order No.: DCA07-0R-131
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
CHC&h-A-oh&hkp
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 ADMINISTRATNE 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 ADMINISTRATNE
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 ADMINISTRA TNE PROCEEDING, YOU MAYBE 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 TiQ 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
ADMINISTRA.TIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
3
DCA Final Order No.: DCA07-0R-131
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WIn 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 undersign,~d designated Agency Clerk, and that true ,and 'Nrrect copies have been furnished
to the persons listed below by the method indicated this ~ay of July, 2007.
L
',,-
Paula ord, Agency Clerk
4
DCA Final Order No.: DCA07-0R-131
Bv U.S. Mail:
Honorable Mario Di Gennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
Danny L. Kolhage
Clerk to the: Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Director
Planning and Environmental Resources
2798 Overs,:as Highway, Suite 400
Marathon, Florida 33050
Bv Hand De:liverv or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5