Ordinance 010-2008
ORDINANCE 010_ 2008
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5 -45 OF
THE MONROE COUNTY CODE CONCERNING PUBLIC
NOTICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR
FORWARDING TO THE SECRETARY OF STATE AND
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the requirements for notice of public meetings and public hearings on land use
matters are set forth in the Florida Statutes; and
WHEREAS, Monroe County has for many years exceeded the statutory requirements by
advertising in more than one newspaper in the County, by placing ads larger than required
and giving more time for notice than required; and
WHEREAS, due to severe budgetary constraints, it is necessary to reduce the spending for
advertising by the Growth Management Division; and
WHEREAS, calendars, schedules and agendas are available online along with all materials
applicable to each item; and
WHEREAS, despite the fiscal issues, it is desirable for the Board of County Commissioners
to retain flexibility in its advertising protocol in order to disseminate as much notice to the
public as possible;
WHEREAS, the Planning Commission held a public hearing on March 4, 2008 and
forwarded the ordinance to the BOCC with a 2-2 vote;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-45 shall be amended as follows:
Sec. 9.5-45. Notice.
(a) Content o.lNotice: Every required notice shall include the date, time and place of the
heanlng, the address of the site where known, a description of the site of the proposed
development to identify it for others to locate with reference to the closest mile marker, a
sununary of the proposal to be considered, and identification of the board, committee, or
body conducting the hearing.
(b) Advertisements for amendments to the land use district map shall be captioned, "NOTICE
OF CHANGE TO LAND USE MAP" in eighteen (18) point type and shall contain a
geographic location map which clearly indicates the area covered by the proposal, shall
include major street names as a means of identification of the area and shall state in a brief
form the nature of the amendment to be considered by ordinance title.
( c) Advertisements for amendments to the text of the Land Development Regulations shall
be captioned "NOTICE OF CHANGE TO LAND DEVELOPMENT REGULATIONS" in
eighteen (18) point type and shall be advertised by ordinance title. The advertisements in this
subsection and subsection (b) above may be combined by title and content with other
advertisements required by this section.
(d) Publication of Land Use District Map (Zoning) Changes or Text Amendments to Land
Development Regulations: Notice of public hearings for Land Use District Map Changes or
Land Development Regulations shall be given at least fifteen (15) days in advance of the
hearing date by publication in the non-legal section of 1! local newspaper of general paid
circulation in Monroe County. The newspaper shall be of general interest and readership in
the community. The advertisement shall appear in a newspaper that is published five (5) days
a week. The advertisements shall be no less than two columns wide by 10 inches long in a
standard size or tabloid size newspaper and the headline in the advertisements shall be in a
type no smaller than eighteen (18) point. If directed by Resolution of the Board of County
Commissioners, advertisements may be put in additional newspapers published less
frequently than five days a week in the legal advertising or non-legal section prior to the
hearing without the same specification as to size or timeframe, or as a NOTICE OF PUBLIC
MEETING with the agenda available from the Planning Department.
(e) Publication for Other Required Notices: Notice of public hearings required by the land
development regulations other than land use district map or text changes shall be published in
a newspaper of paid general circulation at least 15 days prior to the public hearing in the non-
legal section of the paper, and shall be captioned "Notice of Public Hearing". In addition to
the usual information concerning location, date and time, the body of the advertisement shall
describe the matter(s) on which the public may be heard. This advertisement may be
combined with the advertisements listed above if the hearings are scheduled for the same
meeting.
(I) Posting of Notice: At least fifteen (15) days prior to any public hearing, all applicants,
excluding govemmental agencies, shall post the property that is the subject of the hearing
with a waterproof signs(s) provided by the Planning Department which are so located that the
notices shall be easily visible from all public streets and public ways abutting the property.
Failure to provide proper notice as per the Monroe County Code or other reason resulting in a
delayed hearing shall result in the re-noticing and rehearing of the original proposal and
which shall be at the expense of the applicant and which shall be an amount equal to double
the appropriate application fee. The applicant shall remove the posted notice within ten (10)
days after completion of the hearing.
(g) Mailing of Notice: Notice of a public hearing to consider a major conditional use shall be
mailed by the county to all owners of real property located within three hundred (300) feet of
the property proposed to be developed as a major conditional use, including any residents of
the parcel proposed for development, at least fifteen (15) days prior to a public hearing. A list
of such owners, as shown by the latest available records in the Monroe County Property
Appraiser's Office, shall be provided by the applicant with an application for development
approval.
lhl Other Notice: Notice of all public hearings shall be posted on the Monroe County
Website as soon as is practical. Failure to post notice on the Monroe County Website
shall not constitute grounds for the cancellation of any public hearing nor shall it
constitute grounds for the cancellation of any action taken by a board at such a
meeting.
(i) Affidavit and Photograph of Notice: An affidavit and photographic evidence shall be
provided by the applicant at the public hearing that the applicant has complied with the notice
required by this section.
Section 2. 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 3. 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 4. 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
numbering system of the Code.
Section 5. 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 Director of Planning or Growth Management for the County 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 the Monroe County Clerk shall
send it to the Secretary of State for the State of Florida, as required.
Section 6. 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 held on the 19th day of March ,2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
CommiSSIOner George Neugent
Commissioner Sylvia J. Murphy
Commissioner Dixie Spehar
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTJ-iOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A TION 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
April I, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 38412440
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 010-2008 amending Section 9.5-45 of the Monroe County Code
concerning Public Notices; providing for severability; providing for repeal of inconsistent
provisions; providing for inclusion in the Code of Ordinances; providing for forwarding to the
Secretary of State and Department of Community Affairs; providing for an effective date.
Ordinance No. 012-2008 amending Section 9.5-521 concerning appeals from
Administrative Actions to change the appeal period from thirty (3) working days to thirty (3)
calendar days; changing the time period for forwarding appeals to the Planning Commission and
mailing notices to other designated persons; providing for severability; providing for repeal of
inconsistent provisions; providing for inclusion in the Monroe County Code of Ordinances;
providing for filing with the Secretary of State and the Department of Community Affairs;
providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on March 19, 2008. 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 Managemen1
RaCC
County Attorney
File
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PS Form 3800, June 2002
SENDER: COMPLETE THIS SECTION
. Oomplete Items 1, 2, and 3. Also complete
itl~m 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
Tilllahassee, Florida 32399-0250
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4. Restrlcted Delivery? (Extra Fee) DYes
Domestic Return Receipt 102595-02-M-1540
CHARLIE CRIST
Governor
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~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 7, 2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe 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 April I, 2008 and certified copies of Momoe County Ordinance Nos. 010-2008 and 012-
2008, which were filed in this office on April 4, 2008.
Sincerely,
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DIRECTOR'S OFFICE
R.A. Gray Building . SOO South Bronough Street . Tallahassee, Florida 32399.Q250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.D.us
COMMUNITY DEVELOPMENT
850.245.66(){1 . 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
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RECORDS MANAGEMENT SERVICES
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ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
•
DCA Final Order No.: DCA08-OR-127.
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•
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS :^t-:-
o In re: MONROE COUNTY LAND t=_ -0 '
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY ='
ORDINANCE NO. 010-2008
FINAL ORDER
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
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 April 7,2608, the Department received for review Monroe County Ordinance
No. 010-2008 ("Ord. 010-2008"), adopted by Monroe County on March 19, 2008.
3. The purpose of the Ordinance is to amend Section 9.5-45 of the Monroe County
Code to change the existing public notice requirements to comply with the minimum state
requirements in an effort to clarify the nature of the public notice and reduce expenditures of
Monroe County due to severe budgetary constraints.
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),
1
DCA Final Order No.: DCA08-OR-127
Fla. Admin. Code.
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. 010-2008 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 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.
8. Ord. 010-2008 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. 010-2008 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 010-2008 is consistent with Goal 1303 and Objective 1303.1 of the Monroe
County Comprehensive Plan to increase the involvement of citizens of the County and
government related entities that operate within the County in the comprehensive planning and
growth management process.
WHEREFORE, IT IS ORDERED that Ord. 010-2008 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
•
DCA Final Order No.: DCA08-0R-127
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.
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 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 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
3
DCA Final Order No.: DCA08-OR-127
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE,AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR •
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK,IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2),FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE.CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO_NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
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 and correct copies have been furnished
to the persons listed below by the method indicated this may of May, 2008.
kia- -01
Paula Ford, Agency C erk
4
DCA Final Order No.: DCA08-OR-127
' By 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
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator,DCA Tallahassee
Richard E. Shine,Assistant General Counsel, DCA Tallahassee
5