Ordinance 045-2007
ORDINANCE NO.
045-2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-22(h)(2) OF
THE MONROE COUNTY CODE CONCERNING PLANNING
COMMISSION MEETING LOCATIONS; PROVIDING FOR
SEVERABILITY ; PROVIDING FOR THE REPEAL OF ALL
INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE; PROVIDING FOR THE
TRANSMITTAL OF THIS ORDINANCE TO THE STATE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Section 9.5-511(d)(5)(b) of the Monroe County Code, the Board of County
Commissioners (BOCC) may adopt changes to the text or map of the land development regulation based on
new issues; and
WHEREAS, one of the bi - monthly meetings of the Planning Commission is in Key Largo; and
WHEREAS, by Ordinance 007-2007 the BOCC changed the location of the second bi-monthly meeting from
Marathon to Key West; and
WHEREAS, recent budget constraints imposed by the State of Florida have required the County to cut its
expenses and conserve on travel and promote more efficiency in its operations; and
WHEREAS, the relocation of staff and equipment to Key Largo and Key West is not cost efficient; and
WHEREAS, Marathon is centrally located for all Monroe County residents; and
WHEREAS, the Planning Commission had a public hearing on November 7, 2007 and received public input;
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. The BOCC adopts the preceding recitals as findings of fact and conclusions of law in support of its
decision to amend the text of the Monroe County Code.
Section 2. Section 9.5-22(h) of the Monroe County Land Development Regulations is amended as follows:
(2) The re!,'1llarly scheduled (bi-monthly) meetings shall be held in Marathon or an appropriate location in
the middle keys. 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 meetings. The
planning commission may, in its discretion, schedule special meetings in the upper and lower 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 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. 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 Marathon or the
planning corrumsslOn may, in its discretion, schedule such items for the most appropriate area or for
additional meetings in each sub-area.
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 (II), Florida Statutes and to the Secretary of State for the State
of Florida, as required.
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 14 th day of Nov. ,2007.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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Mayor C.ha..(I~S
By:
(SEAL)
ATTEST: Danny k. Kolhage, CLERK -I- .)
By: -P:,~ C. lSLu'yJ~
Deputy Clerk
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CHARLIE CRIST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHNES OF FLORIDA
KURT S. BROWNING
Secretary of State
December 13, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated December 11, 2007 and certified copies of Monroe County Ordinance Nos. 043-2007 and
045-2007, which were filed in this office on December 13, 2007.
Sincerely,
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Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building . SOO South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fI.us
COMMUNlT'i DEVELOPMENT
850.245.6600 " FAX: 850.245.6643
51 A IE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
51 A IE 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
7007 2560 0001 6107 0150
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DCA Final Order No.: DCA08-0R-045
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 045-2007
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FINAL ORDER
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007), 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 December 17, 2007, the Department received for review Monroe County
Ordinance No. 045-2007 ("Ord. 045-2007"), adopted by Monroe County on November 14,2007.
3. The purpose of the Ordinance is to amend Section 9.5-22(h)(2) of the Monroe
County Code to establish a central location for the bi-monthly planning commission meetings
that are currently being held in Key Largo and Key West.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat: (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
DCA Final Order No.: DCA08-0R-04S
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. ~ 380.031(8), Fla. Stat. (2007). The
regulations adopted by Ord. 045-2007 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 ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 FAL.R. 1902 (Dec. 4, 1998), afJ'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 045-2007 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.
9. Ord. 045-2007 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 045-2007 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
Weekly unless a petition is filed as described below.
2
DCA Final Order No.: DCA08-0R-045
DONE AND ORDERED in Tallahassee, Florida.
~k}Vl$:W
CHARLES 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 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 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 TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
3
DCA Final Order No.: DCA08-0R-04S
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 i~rrect copies have been furnished
to the persons listed below by the method indic this ay of February, 2008.
~ Paula Ford, Agency C erk
4
DCA Final Order No.: DCA08-0R-045
Bv U.S. Mail:
Honorable Charles "Sonny" McCoy
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
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5