Ordinance 033-2009
ORDINANCE
033 - 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS Al\IENDING MONROE
COUNTY SECTION 110-72 CONCERNING RECORDING OF
CONDITIONAL USES; Al\IENDING SECTION 110-73
REGARDING EXTENSIONS OF CONDITIONAL USES AND
PROVIDING CONSISTENCY WITH SECTION 110-72 TIl\IE
PERIODS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTl\IENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the position of development review coordinator has been eliminated in the
Planning & Environmental Resources Department. All responsibilities of the position
have been assumed by the Director of Planning & Environmental Resources and the
Principal Current Planner. Therefore, Section 110-72(a) and Section 110-73(a) need to
be amended to remove mention of this position; and
WHEREAS, during Board Discussion at public hearings in which conditional use permit
time extension applications were considered, members of the Monroe County Planning
Commission requested that Planning & Environmental Resources Department staff
review Section 110-73(a) and determine if a two (2)-year timeframe would be more
appropriate for a time extension period for conditional use permits, as opposed to the one
(I)-year maximum currently permitted, and suggested that staff clarify the language of
the section, particularly that relating to whether or not multiple extensions can be granted;
and
WHEREAS, upon review of the Section 110-73(a), staff found that the current
timeframe of conditional use permits is difficult to administer and recommended that the
timeframe period be modified to provide a more practical timeframe for conditional use
permits that is easier to administer and that important dates be clarified; and
WHEREAS, upon review of the Section 110-73(a), staff found that only the Planning
Commission has the authority to grant extensions to all conditional use permits. In that
the Planning Commission grants major conditional use permits, they are the appropriate
entity to grant extensions to major conditional use permits. However, the Planning
Director grants minor conditional use permits. Since these applications are granted by
the Planning Director, staff recommended that the Planning Director, not the Planning
Commission, hold the authority to grant extensions to minor conditional use permits; and
WHEREAS, this ordinance was recommended for approval to the Board of County
Commissioners by the Planning Commission at its meeting of September 23, 2009;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 110-72(a) shall be amended as follows:
(a) All conditional use approvals shall be recorded with the clerk of the
circuit court in the official records of the county, including the terms and
conditions upon which such approval is given, prior to the issuance of a
building permit. The requirement contained in section 110-73(a) that a
conditional use permit not be transferred to a successive owner without
notification to the Planning Director within 15 days of the transfer must be
included on the document which is recorded pursuant to this section.
Section 2. Section 110-73(a) shall be amended as follows:
(a) Effect of issuance of a conditional use approval. Approval for a
conditional use shall be deemed to authorize only the particular use for
which it is issued. A conditional use approval shall not be transferred to a
successive owner without notification to the Planning Director within
fifteen (15) days of the transfer.
(1) Unless otherwise specified in a major conditional use approval,
all required building permits and certificates of occupancy shall be
procured within three (3) years of the date on which the major
conditional use approval is recorded and filed in the official records
of Monroe County, or the major conditional use approval shall
become null and void with no further action required by the county.
Approval time frames do not change with successive owners.
Extensions of time to a major conditional use approval may be
granted only by the planning commission for periods not to exceed
two (2) years. There may be no more than two (2) extensions.
Applications for extensions shall be made prior to the expiration
dates. Extensions to expired major conditional use approvals shall
be accomplished only by re-application for the major conditional
uses. When a hearing officer has ordered a conditional use approval
initially denied by the planning commission, the planning
commission shall nonetheless have the authority to grant or deny a
time extension under this section. If the planning commission denies
a time extension, the holder of the conditional use may request an
appeal of that decision under chapter 102, article VI, division 2 by
filing the notice required by that article within 30 days of the written
denial of the planning commission.
(2) Unless otherwise specified in a minor conditional use approval,
all required building permits and certificates of occupancy shall be
procured within three (3) years of the date on which the minor
conditional use approval is recorded and filed in the official records
of Monroe County, or the minor conditional use approval shall
become null and void with no further action required by the county.
Approval time frames do not change with successive owners.
Extensions of time to a minor conditional use approval may be
granted only by the Planning Director for periods not to exceed one
(1) year. Applications for extensions shall be made prior to the
expiration dates. Extensions to expired minor conditional use
approvals shall be accomplished only by re-application for the
minor conditional uses. When a hearing officer has ordered a
conditional use approval initially denied by the Planning Director,
the Planning Director shall nonetheless have the authority to grant or
deny a time extension under this section. If the Planning Director
denies a time extension, the holder of the conditional use may
request an appeal of that decision under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days
of the written denial of the Planning Director.
(3) Development of the use shall not be carried out until the
applicant has secured all other permits and approvals required by
this chapter, this Code, or regional, state and federal agencies and
until the approved conditional use is recorded in accordance with
section 110-72.
Section 3. Severabilitv.
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 4. Conflictine 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 5. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
(REMAINDER OF PAGE LEFf INTENTIONALLY BLANK)
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Section 6. Filine.
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 7. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 8. 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 21st day of October, 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yes
Yes
Yes
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MWt~.oE COUNTY BOARD OF COUNTY COMMISSIONERS
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By
Mayor George Neugent
By
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BRANCH OFFICE:
MARATHON SUB COURTHOUSE
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
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEA D STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
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
November 9,2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 00003841 2334
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 033-2009 by the Monroe County Board of
County Commissioners amending Section 110.72 of the Monroe County Land Development
Code concerning recording of conditional uses; Amending Section 110.73 regarding extensions
of conditional uses and providing consistency with Section 110- 72 time periods.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on October 21, 2009. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
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:
Grolvth Management
County Attorney
File
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
November 17,2009
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:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated November 9, 2009 and certified copy of Monroe County Ordinance No. 033-2009, which
was filed in this office on November 13, 2009.
Sincerely,
~~
Liz Cloud
Program Administrator
LCI srd
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 . bttp://dlis.dos.state.t1.us
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850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
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Page 1 of 1
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
< p han cock@ mon roe-clerk. com>
Friday, March 05, 2010 1 :31 PM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 3
Municipal Code Corporation
Municode.com
~ . . ~/ www.municode.com
1-800-262-2633
Monroe County, FL Code of Ordinances - 2008 (14298)
Sup])lernent 3
Doc:ument Adopted Date Recorded Recorded Format
Ordinance No. 030-2009 8/16/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 031-2009 8/19/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 036-2009 11/18/2009 12/16/2009 Ha rd Copy
Ordinance No. 32-2009 12/16/2009 1/4/2010 Ha rd Copy /Electron ic
Ordinance No. 038-2009 12/16/2009 1/19/2010 Hard Copy
Ordinance No. 001-2010 1/20/2010 2/5/2010 Hard Copy/Electronic
Ordinance No. 033-2009 10/21/2009 2/5/2010 Hard Copy/Electronic
Resolution No. 018-2010 1/20/2010 2/12/2010 Hard Copy/Electronic
Ordinance No. 004-2010 2/17/2010 3/5/2010 Ha rd Copy jElectron ic
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3/5/2010
DCA Final Order No.: DCA09-0R-404
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 033-2009
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2008), 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 November 13, 2009, the Department received for review Monroe County Ordinance No.
033-2009 ("Ord. 033-2009"), adopted by Monroe County on October 21, 2009.
Ord. No. 033-2009 amends Sections 110-72 and 110-73, Monroe County Code, concerning
Amendments to the Land Development Regulations concerning recording of conditional uses
and extensions of conditional uses and providing consistency with Section 110-72 Time Periods.
3. The purpose ofOrd. No. 033-2009 is to amend Section 110-72 and Section 110-73 to
reflect that the position of development review coordinator has been eliminated in the Planning
Environmental Resources Department and that the responsibilities of that position have been
assumed by the Director of Planning; and to provide a 2 year extension for major conditional use
approvals and a 1 year extension for minor conditional use approvals.
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
DCA Final Order No.: DCA09-0R-404
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2008).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9 380.0552, Fla. Stat. (2008) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2008). The regulations
adopted by Ord. 033-2009 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 9 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), affd, 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. 033-2009 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.
(1) To protect the public health, safety and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique resource.
9. Ord. 033-2009 is consistent with the Principles for Guiding Development as a whole.
10. Ord. 033-2009 furthers Monroe County Comprehensive Plan and is not inconsistent with
the Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ord. 033-2009 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.: DCA09-0R-404
DONE AND ORDERED in Tallahassee, Florida.
r~
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
,i~DMINISTRATIVE 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 liAS
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
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA09-0R-404
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 RECENED 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 ADMINISTRATNE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.301, FLORIDA ADMINISTRA TNE CODE. IF A FORMAL HEARING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.201(2), FLORIDA ADMINISTRATNE 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 ADMINISTRA TNE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WANE 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 an~)~~t copies have been furnished to
the persons listed below by the method indicated this otfJIay of December, 2009.
~ Paula Ford, Agency
4
DCA Final Order No.: DCA09-0R-404
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Intera~ency Mail:
. Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5