Ordinance 039-2007
ORDINANCE NO.
039-2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 9.5-247(1) OF THE
MONROE COUNTY CODE: COMMERCIAL FISHING SPECIAL
DISTRICT - 12 (CFSD-I2 LOCATED ON BIG PINE) TO CLARIFY
THAT THERE IS NO REQUIREMENT TO RESIDE IN CFSD-12 IN
ORDER TO ENGAGE IN COMMERCIAL FISHING OPERATIONS
SUCH AS PROCESSING AND PACKAGING, TRAP STORAGE AND
CONSTRUCTION; PROVIDING FOR CODIFICATION,
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR FORWARDING OF THIS ORDINANCE TO THE
ImPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY
OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On June 20, 2007 the Board of County Commissioners heard the proposed
text amendment and made a finding of the following facts:
I. Monroe County has adopted the Year 20 I 0 Comprehensive Plan (comprehensive
plan);
2. The Monroe County Board of County Commissioners found that the
comprehensive plan is necessary to preserve, promote, protect and improve the public
health, safety and general welfare;
3. The adopted comprehensive plan contains goals, objectives, policies, for
regulating future development and redevelopment;
4. Policy 101.4.6 of the comprehensive plan provides for the maintenance and
enhancement of commercial fishing and related traditional uses such as retail, storage,
and repair and maintenance which support the commercial fishing industry, and
residential uses;
5. GOAL 212 of the comprehensive plan prioritizes shoreline land uses and establishes
criteria for shoreline development in order to preserve and enhance coastal resources and to
ensure the continued economic viability of the County;
6. Objective 212.1 of the comprehensive plan provides for the implementation of measures
for regulating shoreline uses consistent with the following order of priorities:
a.) water-dependent uses,
b.) water-related uses, and
c.) uses that are not dependent upon or related to shoreline access;
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7. Policy 212.1.3 of the comprehensive plan provides for the maintenance of existing
commercial fishing operations as conforming uses; and
WHEREAS, A staff report and Resolution by the Development Review Committee
(D4-07) presented to the Planning Commission on April II, 2007 made the following
conclusions oflaw and findings of fact
1. The proposed text amendment meets two (2) of the factors in Section 9.5-511 of
the Monroe County Code that the Bacc may consider for amending the land use
regulations;
(iv) New issues.
Recent complaints by commercial fishermen who own land in CFSD 12,
but do not reside within the district, petitioned the BaCC at their
December 2006 meeting to direct staffto initiate a text amendment that
would codify the findings of Administrative Interpretation No. 01-119 to
remove the residency requirement so that land owners in CFSD-12 who do
not reside in the CFSD-12 district can use their land for processing and
packaging of catch, trap construction or storage, and
(v) Recognition of a need for additional detail or comprehensiveness.
The text amendment will further the intent and purpose of the Commercial
Fishing Special District (CFSD) so that all commercial fishermen in
Monroe County can benefit from this land use designation, whether they
reside within the district or not; and
WHEREAS, The staff report presented to the Development Review Committee on
February 16,2007 concluded that the proposed text amendment to Section 9.5-247(1) of
the land development regulations is consistent with the comprehensive plan, is not
incompatible with surrounding land uses, will not result in adverse community change of
Planning Area 18, and is therefore in the interest of public health, safety, and welfare; and
WHEREAS, The Bacc held two public hearings on June 20, 2007 and July 18, 2007
and received input from the public, which was duly considered,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-247(1) is amended as follows:
(I) CFSD 12 (Located on Big Pine):
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(1) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to article
VII, division 16, section 9.5-434.5(c) "Collocations on an existing
antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite
earth stations."
f. Home occupations--Special use permit required; commercial fishing does
not require a special use permit.
(2) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the structures are separated from
existing detached dwellings by one hundred (100) feet or a class D buffer-
yard.
b. Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
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 S. 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
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amendrm:nt thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
Section (i. 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 Momoe 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 (II), Florida Statutes, and to the Secretary of State for the State of
Florida.
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 Momoe County,
Florida at a regular meeting of said Board on the 15thday of August, 2007.
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Mayor Mario DiGennaro
'c' 'ocr Mayor Pro Tern Dixie M. Spehar
c;:i Commissioner Charles "Sonny" McCoy
'....:>~ Commissioner George Neugent
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Commissioner Sylvia Murphy
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BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY:~#~
Mayor Mario DiGennaro
(SEAL)
~~LERK
Deputy 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
FIlX(305)289-I745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE \01
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
FIlX (305) 852-7146
September 7,2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 lJ60 0000 38412051
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 039-2007 amending Section 9.5-247(1) of the Monroe County Code;
Commercial Fishing Special District 12 (CFSD-12 located on Big Pine) to clarifY that there is no
requirement to reside in CFSD-12 in order to engage in commercial fishing operations such as
processing and packaging, trap storage and construction; providing for codification; severability
and repeal of inconsistent provisions; providing for forwarding of this Ordinance to the
Department of Community Affairs and the Secretary of State; providing for an effective date.
Ordinance No. 040-2007 adopting an amendment to the Monroe County Code; deleting
Sections 9.5-66 Conditional Use Permits and Bulk Regulations and 9.5-282 Residential Dwelling
Permits and Bulk Regulations; and amending Section 9.5-523 to include Administrative
Waivers; clarifying procedures, standards, and establishing notification procedures for the
approval of administrative waivers; providing for codification, severability and repeal of
inconsistent provisions; providing for forwarding of this Ordinance to the Department of
Community Affairs and the Secretary of State; providing for an effective date.
Ordinance Nos. 039-2007 to 040-2007
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on August 15,2007. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny 1. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Growth Management
Counly Attorney
HaCC
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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
~. 05'1- 040
2. Article Number
(Transfer from service labeQ
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COMPLETE THIS SECTION ON DELIVERY
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FLORIDA DEPARTMENT of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
September 11, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated September 7, 2007 and certified copies of Monroe County Ordinance Nos. 039-2007 and
040-2007, which were filed in this office on September 10, 2007.
Sincerely,
~~
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street _ Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.Ull
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE 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
ADMINISTRA rIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA07-0R-267
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MO:"lROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 039-2007
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~S 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
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 September 13, 2007, the Department received for review Monroe County
Ordinance No. 039-2007 ("Ord. 039-2007"), adopted by Monroe County on August 15,2007.
3. The purpose of the Ordinance is to amend Section 9.5.-247(1) of the Monroe
County Code: Commercial Fishing Special District - 12 (CFSD-I2 Located on Big Pine Island)
to clarify that there is no requirement for commercial fisherman to reside in CFSD-I2 in order to
engage in commercial fishing.
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. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2006).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
DCA Final Order No.: DCA07-0R-267
Fla. Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofIand. S 380.031(8), Fla. Stat. (2006). The
regulations adopted by Ord. 039-2007 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 S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community AjJairs. 2 I F.A.L.R. 1902 (Dec. 4, 1998), ajJ'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 jrom the other provisions.
8. Ord. 039-2007 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.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
9. Ord. 039-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 039-2007 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 2 I days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
2
DCA Final Order No.: DCA07-0R-267
DONE AND ORDERED in Tallahassee, Florida.
~~ ^ ~~L-
C LES GAUTHIER, 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 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
PROCEEDf"lG, 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 F ACT 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 REPRESENT A TIVE, AND
3
DCA Final Order No.: DCA07-0R-267
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 ~t~ITect copies have been furnished
to the persons listed below by the method indicated this S day of November, 2007.
f
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DCA Final Order No.: DCA07-0R-267
By U.S. Mail:
Honorable Mario Di Gennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Qyers,eas 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 Qvers,:as Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5