Ordinance 025-2009
ORDINANCE ~-2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REPEALING AND RESCINDING ORDINANCE No. 008-
2008 CONCERNING AMENDMENTS TO THE MONROE COUNTY 2010
COMPREHENSIVE PLAN REVISING SECTIONS OF THE FUTURE LAND
USE ELEMENT AND THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT REGARDING RECREATIONAL AND COMMERCIAL WORKING
WATERFRONTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND
THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners (BOCC) approved the transmittal of an
amendment (Amendment) to the Monroe County 2010 Comprehensive Plan (Plan) concerning the Working
Waterfront on September 19,2007, to the Department of Community Affairs (DCA) as the first amendment
in 2008 (08-01 Amendment); and
WHEREAS, the DCA provided Objections, Recommendations and Comments (ORC) in response to the
proposed 08-01 Plan Amendment; and
WHEREAS, the BOCC considered the ORC report from DCA and adopted a revised version of the
Amendment on February 4,2008; and
WHEREAS, DCA found the Amendment to be not in compliance in its Statement of Intent dated March 31,
2008; and
WHEREAS, DCA filed a petition on April 22, 2008, with the State of Florida Division of Administrative
Hearings (DOAH) entitled "DEPARTMENT OF COMMUNITY AFFAIRS vs. MONROE COUNTY,
FLORIDA" requesting an administrative hearing to bring the Amendment into compliance with
recommended remedial action; and
WHEREAS, the Division of Administrative Hearings accepted jurisdiction of the requested hearing in
Case Number 08-2035; and
WHEREAS, there were several affected parties who were intervenors in the DOAH proceeding, and
meetings were held with all the parties to attempt to revise the Amendment and settle the case; and
WHEREAS, the DCA proffered a settlement agreement to the BOCC along with a proposed amendment
which was rejected by the BOCC on December 3,2008; and
WHEREAS, the BOCC held a workshop on February 27,2009, directing staff to write a counter settlement
agreement and Amendment; and
WHEREAS, on June 2, 2009, at a special public meeting, the BOCC heard public comment, input from
staff, and considered the revised Amendment; and
WHEREAS, the BOCC directed staff to rescind the adopted amendment; and
WHEREAS, the BOCC fmds that it is in the best interests of the public and the citizens of Monroe County
to end the administrative hearing process and rescind the amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Reoealer.
Ordinance No. 008-2008 is hereby rescinded and repealed in its entirety.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment
or decree shall be rendered.
Section 3. Contlictin!! Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of any
appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to the
Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filin!!.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become
effective until a notice is issued by the Department of Community Affairs or Administration Commission
approving the ordinance.
Section 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
meeting held on the 17th day of June, 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
/~r~wmissioner Kim Wigington
,~.$~i.?~SSiOner Heather Carruthers
(i~,..,~.../.',;:::=-.'. 1.8 I -~2... ".m. . ilU.' :~ssioner Mario Di Gennaro
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";~~A.NNY,L. KOLHAGE, CLERK
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COUNTY COMMISSIONERSt'T'J ~ ~
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Mayor George Neugent
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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 COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT AnON 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
July 2, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2150
Dear Ms. Cloud,
Enclosed are the following Ordinances:
Ordinance No. 024-2009 creating Sections 9-2 and 9-3 of the Monroe County Code
regarding affordable housing permitting priority and the review of regulations affecting housing
costs.
Ordinance No. 025-2009 repealing and rescinding Ordinance No. 008-2008 concerning
amendments to the Monroe County 2010 Comprehensive Plan revising Sections of the Future
Land Use Element and the Conservation and Coastal Management Element regarding
recreational and commercial working waterfronts.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on June 17, 2009. 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: Via E-Mail to the following:
Municipal Code Corporation-Ordinance 024-2009 only
Growth Management
County Attorney
BOCC
File
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
fe Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. x DEPT. OF STATE ID Agent
• Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by SJ�(P' to$Iy�rn�a9 C. Date of Delivery
' la Attach this card to the back of the mailpiece, :
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
et
500 South Bronough
3St2399-0250 3. LE Certified
9Tallahassee, FloridafJ Certified Mail ElExpress Mail
0 Registered 0 Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
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PS Form 3811,.February 2004 Domestic Return Receipt 102595-02-M-1540 ;
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FLORIDA DEPARTMENT or STATE
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
July 9, 2009
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 July 2, 2009 and certified copies of Monroe County Ordinance Nos. 024-2009 and 025-
2009, which were filed in this office on July 7, 2009.
Sincerely,
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DIRECTOR'S OFfICE
k...A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399. O~50
&50.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.statc.t1.us
COMMUNITY DEVELOPMENT
:i50.245.6600 . FAX: 850.245.h643
STATE LIBit.ARY OF FLORIDA
850.245.6600 . FAX: 8:::0.245.6744
ST A TE ARCHIVES 8F FLORIDA
850.245.6700 . FAX: 850.488.489,'~
LEGISLATIVE LIBRARY SERVICE
,150.488.2812 . FAX: 850.488.9879
RECORDS 1\1ANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI33041
Office. . . .305-292-7777
Extension....... .x219
Fax...... .305-295-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
f1oridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
c itizen(aJ,kevwest. com
Internet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marath on(aJ,kevsnews .com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@f1oridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida;
that the attachc:d copy of advertisement, b~~gal notice in the matter of
iI~ t? Cm~ A~~
was published in said newspaper in the issue( s) of
f ~ ~ ~t:J<j
(mant further 'says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding the
first publication of the attached copy of advertisement; and affiant further says
that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said new~;p.r. 12... ., /'
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Signature of Affiant
Sworn and subscribed before me this2 day of / ~
t7
, 2009
Notary Public:
Marsha F. Kirkwood
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:*~ :J,! EXPIRES: September 15. 2013
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NOTICE OF PUBLIC HEARING ^ r
TO CONSIDER
ADOPTION OF JOUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday, June 17, 2009 at
• 3:00 PM at the Marathon
Government Center,2798
Overseas Highway, 2nd Floor,
Monroe County, Florida, the Board
of County Commissioners of
Monroe County, Florida, shall hold
a public hearing to consider the
adoption of the following County
ordinance: •
AN ORDINANCE OF THE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
REPEALING AND RESCINDING •
` 1 ORDINANCE NO.008-2008
CONCERNING AMENDMENTS
TO THE MONROE COUNTY 2010
COMPREHENSIVE PLAN
•
REVISING.SECTIONS OF THE
FUTURE LAND USE ELEMENT
•
AND THE CONSERVATION AND •
COASTAL MANAGEMENT
ELEMENT REGARDING
RECREATIONAL AND
COMMERCIAL WORKING
WATERFRONTS;PROVIDING
FOR SEVERABILITY;
PROVIDING FOR REPEAL OF •
INCONSISTENT PROVISIONS; •
PROVIDING FOR TRANSMITTAL
TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND
SECRETARY OF STATE;
PROVIDING FOR AN
EFFECTIVE DATE.
Further, pursuant to Section
286.0105, Florida Statutes, notice
is hereby given that if a person
decides to appeal any decision
made by the hearing officer of the
Board of County Commissioners,
he may need a record of the
proceedings, and that for such
purpose, he may need to ensure
that a verbatim record of the
proceedings is made,which record
includes the testimony and
evidence upon which the appeal is
- to be based.
ADA Assistance: Anyone needing
special assistance at the hearing
due to a disability should contact
the Planning Department at (305)
289-2500 by 5 PM, .Friday, June
12,2009.
Copy of the above-'referenced
ordinance is available for review at
the Monroe County Planning and
Environmental Resources office in
Marathon, also on the website
www.monroecounty-fl.gov.
' Dated at Marathon, Florida, this
3rd day of JUNE,2009.
DANNY L.KOLHAGE,
•
Clerk of the Circuit Court
and ex officio
Clerk of the Board of County
Commissioners of
Monroe County,Florida
June 5,2009
025