Ordinance 003-2011MONROE COUNTY, FLORIDA Y w
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS• c>
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ORDINANCE NO. 003 - 2011 Zn
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE
COMPREHENSIVE PLAN; PROVIDING CONSISTENCY
BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE
IN THE LAND DEVELOPMENT CODE; 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, language regulating maximum height exists in both the Monroe County
2010 Comprehensive Plan and the Monroe County Code, as set forth in Policy 101.4.24
of the Monroe County Year 2010 Comprehensive Plan and Sections 130 -187 and 101 -1
of the Monroe County Code; and
WHEREAS, Policy 101.4.24 and Section 130 -187 are in conflict, as Section 130 -187
allows hotel or affordable housing structures to be constructed at heights greater than 35
feet. As policies within the Monroe County Year 2010 Comprehensive Plan supersede
the regulations of the Monroe County Code, staff proposed to amend the text of Section
130 -1877 in order to be consistent with the superseding Policy 101.4.24; and
WHEREAS, of relevance on how to measure maximum height, there are the definitions
of height and grade as defined in Section 101 -1 of the Monroe County Code; and
WHEREAS, the definition of grade is in conflict with the definition of height, as height
is measured from vertical distance between average grade, yet the definition of grade
states that measurements should be undertaken from the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a structure, or the
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MONROE COUNTY, FLORIDA Y w
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS• c>
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ORDINANCE NO. 003 - 2011 Zn
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE
COMPREHENSIVE PLAN; PROVIDING CONSISTENCY
BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE
IN THE LAND DEVELOPMENT CODE; 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, language regulating maximum height exists in both the Monroe County
2010 Comprehensive Plan and the Monroe County Code, as set forth in Policy 101.4.24
of the Monroe County Year 2010 Comprehensive Plan and Sections 130 -187 and 101 -1
of the Monroe County Code; and
WHEREAS, Policy 101.4.24 and Section 130 -187 are in conflict, as Section 130 -187
allows hotel or affordable housing structures to be constructed at heights greater than 35
feet. As policies within the Monroe County Year 2010 Comprehensive Plan supersede
the regulations of the Monroe County Code, staff proposed to amend the text of Section
130 -1877 in order to be consistent with the superseding Policy 101.4.24; and
WHEREAS, of relevance on how to measure maximum height, there are the definitions
of height and grade as defined in Section 101 -1 of the Monroe County Code; and
WHEREAS, the definition of grade is in conflict with the definition of height, as height
is measured from vertical distance between average grade, yet the definition of grade
states that measurements should be undertaken from the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a structure, or the
crown or curb of the nearest road, whichever is higher. Removal of the term "average"
from the definition of height resolves this conflict; and
WHEREAS, Policy 101.4.24 provides language concerning exceptions to the maximum
height standard. The definition of height with Section 101 -1 also provides language
concerning exceptions; however, the exceptions are not addressed or provided in Section
130 -187. Duplicating the exception language into Section 130 -87 from the definition of
height would resolve this issue and conflict; and
WHEREAS, the existing language within the definition of grade does not adequately
addresses how county staff should confirm existing grade; and
WHEREAS, this ordinance shall apply to any permit, development order or other
development approval application submitted after effective date.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -187 shall be amended as follows:
Sec. 130 -187. - Maximum height.
No structure or building shall be developed that exceeds a maximum
height of 35 feet. Exceptions will be allowed for chimneys; spires and/or
steeples on structures used for institutional and/or public uses only; radio
and/or television antenna; flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in chapter 146. However,
in no event shall any of the exclusions enumerated in this section be
construed to permit any habitable or usable space to exceed the maximum
height limitation. In the case of airport districts, the height limitations
therein shall be absolute and the exclusions enumerated in this section
shall not apply.
Section 2. Section 101 -1 shall be amended as follows:
Sec. 101 -1. — Definitions.
Grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure, or the crown or
curb of the nearest road directly adjacent to the structure, whichever is
higher. To confirm the natural elevation of the ground surface, the County
shall utilize the Light Detection and Ranging (LiDAR) dataset for Monroe
County prepared in 2007. In the event 2007 LiDAR data is not available
for a given parcel, the County shall use the best available data, including,
'but not limited to, pre - construction boundary surveys with elevations, pre -
construction topographic surveys, elevation certificates and/or other
optical remote sensing data.
Height is defined as "the vertical distance between grade and the highest
part of any structure, including mechanical equipment, but excluding
chimneys; spires and/or steeples on structures used for institutional and/or
public uses only; radio and/or television antenna, flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna
supporting structures with attached antenna and/or collocations as
permitted in chapter 146. However, in no event shall any of the exclusions
enumerated in this section be construed to permit any habitable or usable
space to exceed the applicable height limitations. In the case of airport
districts, the height limitations therein shall be absolute and the exclusions
enumerated in this section shall not apply.
Section 3. 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 4. Conflicting 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.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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).
Section 6. Filing.
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. This
ordinance applies to any permit, and or other development approval application submitted
after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of February , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
Yes
Yes
Yes
Not Present
Yes
COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By �a" C. Lkv�
Deputy Clerk
By 47
M or H er Carruthers
MONROE COUNTY ATLQRNEY
APPROVE AS T FO M:.
SUSAN M. G I►, SLEY
ASSISTANT COUNT ATTORNEY
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RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
March 29, 2011
Honorable Danny L. Kolhage
Clerk of the 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 March 14, 2011, and certified copies of Monroe County Ordinance Nos. 003 -2011 and 004-
2011, which were filed in this office on March 29, 2011.
Sincerely,
e
C�-
Liz Cloud
Program Administrator
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DIRECTORS OFFICE
R.A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 • http: / /diis.dos.state.tl,us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
DCA Final Order No.: DCAll -OR -074
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND'
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY -c °
ORDINANCE NO. 003 -2011
FINAL ORDER
-; O
r Cn
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. (2010), 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 March 17, 2011, the Department received for review Monroe County Ordinance No.
003 -2011 ( "Ord. 003 - 2011 "), adopted by Monroe County on February 16, 2011.
3. The purpose of Ord. No. 003 -2011 is to amend the Monroe County Section 101 -1
Definitions, and Section 130 -187, Maximum Height to provide consistency between regulations
regarding height in the Land Development Code and the Policies regarding height in the
Comprehensive Plan.
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. (2010).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla.
Admin. Code.
DCA Final Order No.: DCAll -OR -074
6. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations
adopted by Ord. 003 -2011 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), 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. 003 -2011 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 he alth, safety, and welfare of the citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida
Resource.
9. Ord. 003 -2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 003 -2011 furthers Monroe County Comprehensive Plan Policy 101.4.24.
WHEREFORE, IT IS ORDERED that Ord. 003 -2011 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.: DCAl l -OR -074
DONE AND ORDERED in Tallahassee, Florida.
J omas Beck, 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
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.
DCA Final Order No.: DCA11 -OR -074
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 an correct copies have been furnished to
the persons listed below by the method indicated this4Way of April, 2011.
I
ea 4 ula Ford, Agency Clerk
By U.S. Mail
Honorable Heather Carruthers
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
DCA Final Order No.: DCAll -OR -074
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
March 14, 2011
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HI GH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7010 1670 0001 0244 8904
Enclosed please find certified copies of Ordinance Nos. 003 -2011 and 004 -2011 which
are self - explanatory.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on February 16, 2011. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
\� b GOUNrk
Q J . .•�M CU�pUE OGP
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4q0� COUNTY Fy0
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: Municipal Code via e -mail
Growth Management via e-mail
County Attorney via e -mail
File