Ordinance 011-2011 i
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 011 - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 102 - 20(1), PLANNING COMMISSION,
MEETINGS, HEARINGS AND PROCEDURE, TO MODIFY THE
REQUIREMENT OF BI- MONTHLY PLANNING COMMISSION
REGULAR MEETINGS TO MONTHLY PLANNING
COMMISSION REGULAR MEETINGS AND TO MODIFY THE
TYPES OF APPLICATIONS THAT MAY BE HEARD AT A
SPECIAL MEETING; 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, the Growth Management Division proposed amendments to the text of the Monroe
County Code; concerning the scheduling of the Monroe County Planning Commission. The
general purpose of the amendment is to adopt procedures that are fiscally responsible without
depriving the public of service and continue to provide adequate opportunity for public comment
on agenda items before the Planning Commission; and
WHEREAS, the regularly scheduled bi- monthly meetings for the Planning Commission are a
financial burden on Monroe County resources and are a duplication of effort. On occasion the
Planning Commission has held hearings for a negligible number of applicants and with some
meetings cancelled due to insufficient demand; and
WHEREAS, the Planning Commission has powers and duties that include to initiate, hear, review
and make recommendations to the board of county commissioners; hear, review and approve or
disapprove development applications; and serve as the local planning agency (LPA) as required by
Florida Statutes 163.3174; and
WHEREAS, by decreasing the number of regularly scheduled meetings from bi- monthly to
monthly is an opportunity to consolidate resources and more effectively manage monetary
commitments. In addition, regularly scheduled meetings are to be held in the month of August to
assure that an application is heard in a timely manner; and
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WHEREAS, should the need arise the Planning Commission will continue to have the option to
schedule additional meetings to meet an increase in demand. Maintaining this option will allow
needed flexibility to meet the needs of the community; and
WHEREAS, staff has found that the proposed text amendments would alleviate duplication of
process and reserve financial resources for the community; and
WHEREAS, the Planning Commission held a public hearing on this ordinance on June 22, 2011
and recommended approval;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 102 - 20 shall be amended as follows:
Sec. 102-20. — Planning commission.
* **
(i) Meetings, hearings, and procedure.
(1) Regular meetings of the planning commission shall be scheduled monthly beginning
January of every calendar year and special meetings may be scheduled as required by a
majority of the board of county commissioners, the chair of the planning commission, or a
majority of the members of the planning commission.
(2) The regularly scheduled (monthly) meetings shall be held in Marathon. All items which
relate to specific properties such as but not limited to minor and major conditional uses,
variances and administrative appeals, shall be held at the regularly scheduled meetings,
with the exception of property specific applications that have extenuating circumstances
that require such applications to be considered at special meetings in the lower or upper
keys. The planning commission may, in its discretion, schedule special meetings as
required by the demand for such meetings. In cases where an item is postponed due to the
lack of a quorum of the planning commission, the item shall be continued to a special
meeting or to the next available regular meeting. In cases where an item is postponed for
any other reason, the item shall be continued to the next regularly scheduled meeting. Items
which are related to specific properties, such as but not limited to text amendments to this
chapter and comprehensive plan amendments, may be heard in Marathon or the planning
commission may, in its discretion, schedule such items for the most appropriate area or for
additional meetings in each subarea.
(3) All meetings and hearings of the commission shall be open to the public.
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
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.
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. 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.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. 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 State Planning Agency 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 August , 2011.
cD °D , --,1 _ _Mayor Heather Carruthers Yes
o 6, ti_ � 'Mayor pro tem David Rice Yes
w V.- C ommissioner Kim Wigington Yes
_Commissioner George Neugent Yes
o r, Commissioner Sylvia Murphy Yes
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Page 3 of 3 Date: —_ 4
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
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500 WHITEHEAD STREET, SUITE 101 +t• •' �,. .••. � ., c ) PLANTATION KEY
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KEY WEST, FLORIDA 33040 i� : '` "•,P, GOVERNMENT CENTER
TEL. (305) 294-4641 # t _ * 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 % ' i I ' PLANTATION KEY, FLORIDA 33070
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1 gyp '•” ,,: o o- i TEL. (305) 852 -7145
BRANCH OFFICE: ` • % , , F ` � FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
O NROE OUNTY
TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
August 30, 2011
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7600
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 010 -2011 amending Monroe County Code Section 2 -428 concerning
Planning Commission Compensation.
Ordinance No. 011 -2011 amending Monroe County Code Section 102 -20, Planning
Commission, meetings hearings and procedure, to modify the requirement of bimonthly planning
commission regular meetings to monthly planning commission regular meetings and to modify
the types of applications that may be heard at a Special Meeting.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on August 17, 2011. 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: Municipal Code via e-mail
County Attorney via e-mail
Growth Management via e-mail
File
U.S. Postal Service,,,
CERTIFIED MAIL,, RECEIPT
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Ms. Liz Cloud, Progam Admin. SY k)2 L11"
Administrative Code & Weekly
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100 S Bronough Street
Tallahassee FL 32399 -0250 3. Service Type
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FLORIDA DEPARTMENT of ST E
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
September 7, 2011
Honorable Danny L. Kolhage - - o rrl Clerk of the Circuit Court 'ti _Ti
Monroe County is
500 Whitehead Street, Suite 101 E z. rn
Key West, Florida 33040 z
Attention: Pamela G. Hancock, Deputy Clerk ' c o
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated August 30, 2011 and certified copies of Monroe County Ordinance Nos. 010 -2011 and 011 -2011,
which were filed in this office on September 2, 2011.
Sincerely,
i 0.
Liz Clou
Program Administrator
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K A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
Commemorating 500 years of Florida history www.fla500.com
YIVV UM MI YIVA FlfRIDASQD.
DEO Final Order No.: DEO -11 -0019
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: MONROE COUNTY LAND - - -• _,
DEVELOPMENT REGULATIONS R
ADOPTED BY MONROE COUNTY 1
ORDINANCE NO 011 -2011
N C7
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FINAL ORDER
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The Department of Economic Opportunity (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
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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 September 19, 2011, the Department received for review Monroe County Ordinance No.
011 -2011 ( "Ord. 011-2011"), adopted by Monroe County on August 17, 2011.
3. The purpose of Ord. 011 -2011 is to amend Monroe County Code Section 102- 20(I),
Planning Commission, Meetings, Hearings and Procedure to modify the requirement of bi-
monthly Planning Commission regular meetings and to modify the types of applications that may
be heard at a Special Meeting.
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.
DEO Final Order No.: DEO -11 -0019
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. 011 -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), 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. 011 -2011 is consistent with and furthers the following Principles:
(a) To strengthen a local government's capabilities for managing land use and
development so that the local government is able to achieve these objectives
without continuing the area of critical state concern designation.
(b) To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
(e) To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(f) To enhance natural scenic resources, promoting the aesthetic benefits of the
natural environment, and ensuring that development is compatible with the unique
historic character of the Florida Keys.
(j) To ensure the improvement of nearshore water quality by requiring the
construction and operation of wastewater management facilities that meet the
requirements of ss. 381.0065(4)(1 ), and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through
permit allocation systems.
(n) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
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DEO Final Order No.: DEO -11 -0019
9. Ord. 011 -2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 011 -2011 furthers Monroe County Comprehensive Plan Policies 5.0, 5.5, and 5.5.2.
WHEREFORE, IT IS ORDERED that Ord. 011 -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.
DONE AND ORDERED in Tallahassee, Florida.
\ 1
J omas : eck, AICP
Director, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399 -4128
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.
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DEO Final Order No.: DEO -11 -0019
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.
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-
i
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 4L day of November, 2011.
Miriam Snipes, Agency Clerk
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DEO Final Order No.: DEO -11 -0019
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
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
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