Ordinance 007-2010
ORDINANCE 007 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 110-3, PREAPPLICATION
CONFERENCE; ELIMINATING REFERENCES TO THE
OBSOLETE POSITION OF DEVELOPMENT REVIEW
COORDINATOR; REASSIGNING THE RESPONSIBILITIES
AND DUTIES OF THE DEVELOPMENT REVIEW
COORDINATOR TO THE PLANNING DIRECTOR OR
PLANNING DEPARTMENT ST AFF; AMENDING THE
TIMEFRAME IN WHICH A LETTER OF UNDERSTANDING
SHALL BE MAILED TO THE APPLICANT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Concerning the development review coordinator position, 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
planning director and the principal current planner; and
WHEREAS, the current text within the Monroe County Code providing the timeframe in
which a letter of understanding shall be mailed to an applicant is not practical and does
not reflect current practice. Upon review, staff has found that the department is not
always able to mail adequate letters of understanding to applicants within the stated five
(5) working day timeframe. Although many letters of llnderstanding are mailed to the
applicant within five (5) working days, other applications involve very complex and
multifaceted projects that require more time for staff to review and consider how the
county's regulations shall be applied and/or interpreted. A more realistic and feasible
timeframe, that remains fair and timely to the applicant, is required. In addition,
language is required that provides for circumstances in which staff has to await the
submittal of additional information prior to issuing a letter of understanding; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 110-3 shall be amended as follows:
Sec. 110-3. Pre-application conference.
An applicant for development approval may request a pre-application conference
with planning department staff by submitting an application to the department of
planning. Prior to the conference, the applicant shall provide to the department of
planning: a description of the proposed development including its character,
location and magnitude. The purpose of this conference is to acquaint the
participants with the requirements of the land development regulations, applicable
comprehensive plan policies and the views and concerns of the county. The
substance of the pre-application conference shall be recorded in a letter of
understanding prepared by planning department staff and signed by the planning
director. The letter shall be mailed to the applicant within 30 days after the
conference, except under those circumstances where additional information is
required by planning department staff following the conference. In those situations,
the planning director cannot issue a letter until all required information is submitted
and reviewed. The letter shall set forth the subjects discussed at the conference and
the county's position in regard to the subject matters discussed. The applicant shall
be entitled to rely upon representation made at the conference only to the extent
such representations are set forth in the letter of understanding. A letter of
understanding shall not provide any vesting to requirements and regulations. The
development shall be required to be consistent with all regulations and policies at
the time of development approval. The planning director acknowledges that all
items required as a part of the application for development approval may not have
been addressed at the conference, and consequently reserves the right for additional
comment.
Section 2. 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
provisioIl immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 3. 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 4. 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).
Section 5. FiJine.
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 isslled by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. 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 7. 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 February, 2010.
Mayor Sylvia Murphy
Mayor pro tern Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
Yes
Yes
Yes
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By
Mayor Sylvia Murphy
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA ~3040
TEL. (305) 294-4641
FAX (~05) 295-3663
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
BRANCH OFFICE:
MARATHON SUB COUI~THOUSE
3117 OVERSEAS HIGH\VAY
MARATHON, FLORIDA :~:H}50
TEL. (305) 289-6027
FAX (305) 289-1745
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
March 4, 20 I 0
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 11600000 38-11 2235
Dear Ms. Cloud,
Enclosed are certified copies of the following Ordinances:
Ordinance No. 005-2010 amending Monroe County Code Sections 102-55, 110-4, 110-7,
110-37, 110-69, 110-70, 110-71, 110-73, 110-98 and 110-99 to eliminate reference to employee
positions no longer in the Growth Management Division; provide for the director of planning to
perform those functions within the Division; and provide consistency in the title for the director
of planning.
Ordinance No. 006-20 10 amending Monroe County Code Sections 102-21 and 6-55 to
revise the Planning Director's qualifications and duties; eliminate the position and description of
the development review coordinator; amend the development review committee duties; relocate
within the code the duties of the building official; and eliminate the divisions of capital
improvements planning, land use planning, and environmental resources in the Monroe County
Code.
Ordinance No. 007-2010 amending Monroe County Code Section 110-3, Pre-application
Conference; Eliminating references to the obsolete position of Development Review
Coordinator; Reassigning the responsibilities and duties of the Development Review Coordinator
to the Planning Director or Planning Department Staff; and Amending the time frame in which a
letter of Understanding shall be mailed to the applicant.
Ordinance No. 008-20 I 0 amending the land use district map designation from Improved
Subdivision (IS) to Suburban Commercial (SC) pursuant to a request by Siever's Marine ,Inc.,
for property located at Mile Marker 106 in Key Largo (RE #'s 00538170.000000,
00538180.000000, and 00538190.000000).
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on February 17, 2010.
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: Growth Management
County Attorney via e-mail
File
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,see, Florida 32399-025\ ':
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
March 11,2010
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela O. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWRIRG
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated March 4, 2010 and certified copies of Monroe County Ordinance Nos. 004-2010 through
008-2010, which were filed in this office on March 9, 2010.
Sincerely,
~~&
Liz Cloud
Program Administrator
LC/srd
DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronough Street. Tallahassee. Florida 32399-0250
850.245.6600 . FAX~ 850.245.6735 . TOO: 850.922.4085 . hftp:lldlis.dos.state.n.lJS
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COMMtJNtTY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6144
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
LEGlSL.ATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
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DCA Final Order No.: DCAIO-OR-072
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFF AIRS
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In re: MC)NROE COUNTY LAND
DE'VELOPMENT REGULATIONS
AD'OPTED BY MONROE COUNTY
ORDINANCE NO. 007-2010
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
/
FINAL ORDER
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2009), approving a land
developme:nt regulation adopted by a local government within the Florida Keys Area of Critical
State Conctern 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. March 15, '2010, the Department received for review Monroe County Ordinance No.
007-2010 ("'Ord. 007-2010"), adopted by Monroe County on February 17, 2010.'
3. Ord. N,o. 007-2010 amends Section 110-3, Monroe County Code, Preapplication
Conference.
4. The purpose ofOrd. No. 007-2010 is to amend Sections 110-3 to reflect that the position of
Development Review Coordinator has been eliminated. The responsibilities of the position are
transferred to the planning department staff or the Planning Director. Ord. No. 007-2010 also
amends Section 110-3 to amend the time frame in which a letter of understanding shall be mailed
to the applicant and adds a statement indicating that a letter of understanding does not provide
vesting to r(~quirements and regulations, and that development must be consistent with
regulations at the time of development approval.
DCA Final Order No.: DCAIO-OR-072
CONCLUSIONS OF LAW
5. 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 Conc1ern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2009).
6. Monr()e County is a local government within the Florida Keys Area of Critical State
Concern. ~r 380.0552, Fla. Stat. (2009) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. ~ 380.031 (8), Fla. Stat. (2009). The regulations
adopted by Ord. 007-2010 are land development regulations.
8. All 1 arId development regulations enacted, amended, or rescinded within an area of critical
state conce]m 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. 15)02 (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.
9. Ord. 007-2010 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land use and
developmellt so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
(1) To pr()tect the public health, safety and welfare of the citizens of the Florida
Keys and nlaintain the Florida Keys as a unique resource.
10. Ord. ~)07-2010 is consistent with the Principles for Guiding Development as a whole.
II. Ord. ~)07-2010 furthers the Monroe County Comprehensive Plan.
WHEREF'ORE, IT IS ORDERED that Ord. 007-2010 is found to be consistent with the
Principles fi)r Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
DCA Final Order No.: DCAIO-OR-072
This Orde:r becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DO]~ AND ORDERED in Tallahassee, Florida.
~(~~
CH S GAUTmER, 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 ()PPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN Y~OUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU
'ARE ENTI'fLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR. PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAJL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINIS1"RA TIVE 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
ST A TEME~NT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN 1'0 mSTIFY ITS ACTION OR INACTION.
IF YOU I)ISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, l'HEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINIS1'RATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION ,OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), I.LORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINIS1.RATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRE:SENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL, HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
3
DCA Final Order No.: DCAIO-OR-072
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO J4'ILE 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
ADMINIS'TRA TIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS :r~OTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK. BOIJLEV ARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PE1rITION 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, F~LORIDA 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 PERS()N WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST
FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-
'}.Q6.402, FJLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT l'HE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU W)UYE 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
undersigneci designated Agency Clerk, and that true and correct copies have been furnished to
the persons listed below by the method indicated this ~ay of April, 2010.
r~
~aula Ford, ency Clerk
By U.S. Mail:
Honorable ~;ylvia Murphy
Mayor of Monroe County
2798 Overseas Highway
Marathon, 14lorida 33050
4
DCA Final Order No.: DCAIO-OR-072
Danny L. ](olhage
Clerk to the Board of County Commissioners
500 White:head Street
Key West, Florida 33040
Christine IIurley, AICP
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand [)elivery or Interagency Mail:
Craig Dianlond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5
Page 1 of 1
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@mon roe-clerk. com>
Monday, June 14, 2010 10:31 AM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 4
Greetings from Municipal Code Corporation.
Below you will find the ordinances we have currently recorded to your account. These ordinances will
be codified in your next update, Supplement 4
Document Adopted Date Recorded Recorded Format
Ordinance No. 013-2010 4/21/2010 5/25/2010 Hard Copy/Electronic
Ordinance No. 014-2010 5/19/2010 5/25/2010 Hard Copy/Electronic
Ordinance No. 019-2010 5/19/2010 5/27/2010 Hard Copy/Electronic
Ordinance No. 007-2010 2/17/2010 6/10/2010 Hard Copy/Electronic
Ordinance No. 006-2010 2/17/2010 6/10/2010 Hard Copy/Electronic
Ordinance No. 017-2010 5/19/2010 6/14/2010 Hard Copy/Electronic
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You can also ft€reGO GREENft€D
and reduce the
number of supplement copies you
receIve or
just get a PDF of the supplement to
print
your own caples.
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Update the internet version of your
Code
more often than a printed
supplement.
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quarterly, monthly,
even weekly.
We can post newly enacted
ordinances
in the online Code after each
meeting.
6/14/2010