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Ordinance 016-2011 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 016 - 2011 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTIONS 101 -1, DEFINITIONS, AND 118- 12(M)(4), SHORELINE SETBACK, DOCKING FACILITIES, ADJACENT PARCEL, TO CLARIFY WHAT ELEMENTS OF DOCKING FACILITIES MAY BE PERMITTED ON ADJACENT PARCELS OF LAND, 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, this text amendment allows limited electric and water service for docking facilities located on adjacent parcels of land where the principal use is residential in nature. Several property owners have approached the Growth Management Division requesting that such an amendment be processed in part due to the need to provide electric service to davits and boat lifts, which are considered components of docking facilities; and WHEREAS, Section 118- 12(m)(4) of the Monroe County Code currently permits docking facilities on adjacent parcels. However, it is not stated that electric or water service associated with the docking facility is permitted or prohibited; and WHEREAS, this text amendment proposes a definition for "adjacent parcels" to clarify the difference between adjacent landowners and adjacent parcels of land. The definition for adjacent landowners provides the criteria required for public notice procedures and remains unchanged. The definition for an adjacent parcel of land is added to clarify the criteria used as part of the development review process. In addition, a formatting change to the definition of accessory uses is proposed; and WHEREAS, during a regularly scheduled public hearing held on July 27, 2011, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; Page 1 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 101 - 1 shall be amended as follows: Sec. 101 -1. Definitions. * Accessory use or accessory structure means a use or structure that: (a) Is subordinate to and serves an existing principal use or principal structure; and (b) Is subordinate in area, extent and purpose to an existing principal use or principal structure served; and (c) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and (d) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal use or principal structure is located; and (e) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots /parcels pursuant to section 118 -12; and (0 Is located in the same Land Use (Zoning) District as the principal use or principal structure, excluding off -site parking facilities pursuant to section 114 -67. Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for noncommercial purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. Accessory uses shall not include guest units or any other potentially habitable structures. Habitable structures are considered to be dwelling units as defined in this section. Adjacent landowner means an owner of land sharing a boundary with another parcel of land. For purposes of this Land Development Code, an intervening road, right -of -way, or easement shall not destroy the adjacency of the two parcels. Adjacent parcel means a parcel of land sharing a boundary with another parcel of land at one or more points of intersection. For purposes of this Land Development Code, an intervening road, right -of -way or easement shall not destroy the adjacency of the two parcels. Page 2 of 5 Dock or docking facility means a fixed or floating structure built and used for the landing, berthing, and/or mooring of vessels or watercraft either temporarily or indefinitely. Docking facilities include, but are not limited to, wharves, piers, quays, slips, basins, ramps, posts, cleats, davits, piles or any other appurtenances or attachment thereto. For the purposes of this Land Development Code, docks shall not include "water access walkways" as defined in this section. * * * * * * Section 2. Section 118 12(m)(4) shall be amended as follows: Section 118 -12. Shoreline Setback. * * * * * * (m) Docking facilities. Docking facilities shall be permitted, provided that: * * * * * * (4) Adjacent parcel. Notwithstanding the provisions of the definitions of "accessory use or accessory structure" and "adjacent parcel" in section 101 -1, docks or docking facilities may be constructed on adjacent parcels under the same ownership and within the same Land Use (Zoning) District, provided that a legally established principal use and/or structure exists on one parcel. In the event that ownership of the adjacent parcel containing such an accessory dock is severed from the parcel containing the principal use /structure, the dock and any other improvements must be removed and the shoreline restored unless the new owner can also come into compliance with the adjacency requirements of this section. Utilities may be permitted for docks or docking facilities located on such adjacent parcels, however limited in the following manner: a. The principal use served by the accessory dock or docking facility shall be a single - family residence or two- family residence (duplex). b. Electrical service shall be limited to 30 amperes service with a maximum of two (2) circuits. Electric service may be permitted for dock or docking facility use only and shall not be used to service appliances such as, but not limited to, bait boxes or freezers. c. Water service shall be limited to a 5/8" meter with back -flow preventer which shall provide service to a single -hose bib located at the dock or docking facility. d. Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other persons or entities shall Page 3 of 5 be expressly prohibited. e. Parking of motorized vehicles or trailers is prohibited. f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a dock or docking facility is prohibited. g. Outdoor storage is prohibited. h. Live - aboard use of vessels stored at the dock or docking facility is prohibited. * * * * * 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. Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 6. Filing. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Page 4 of 5 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 Florida State Land Planning Agency 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 September , 2011. Mayor Heather Carruthers Yes Mayor pro tem David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes MONROE,COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By '�..9. c, G , � a'�'�r By / 41 9 1114‘...— Deputy Clerk Mayor Heather Carruthers d MO EUNTY ATTORNEY _ • AP NR R0 D A5 TO FO M Date: 3/— f ( F-- tw.: Cs i_ Cat Page 5 of 5 MONROE COUNTY COURTHOUSE BRANCH OFFICE: c b couar r 500 WHITEHEAD STREET, SUITE 101 4 c PLANTATION KEY KEY WEST, FLORIDA 33040 t p GOVERNMENT CENTER TEL. (305) 294 -4641 / ° , 1' * 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 ;'. �,1��I ; c j PLANTATION KEY, FLORIDA 33070 i •. TEL. (305) 852 -7145 BRANCH OFFICE: ,I c °"�� FAX (305) 852 -7146 MARATHON SUR COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD 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 October 13, 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 8911 Dear Ms. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 013 -2011 amending Section 114 -67(c) of the Monroe County Land Development Code, concerning the required off - street parking requirements for multifamily residential dwelling units; 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 and Providing for an effective date. Ordinance No. 014 -2011 establishing Monroe County Code Section 114 -21, implementing a recyclable materials recycling program for multifamily and nonresidential developments of the Monroe County 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 and Providing for an effective date. Ordinance No. 015 -2011 amending Monroe Section 138 -22, type of development not affected, to incorporate criteria for residential ROGO exemptions; of the Monroe County Land Development Code, to incorporate criteria for Residential Rate of Growth Ordinance (ROGO) exemptions; 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 and Providing for an effective date. Ordinance No. 016 -2011 amending Monroe County Code Sections 101 -1, Definitions, and 1 18- 12(rn)(4), Shoreline setback, docking facilities, adjacent parcel, to clarify what elements of docking facilities may be permitted on adjacent parcels of land; 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 and Providing for an effective date. Ordinance No. 017 -2011 amending Monroe County Code Section 110 -5 Notice, Section 110 -69 Minor Conditional Uses; and Section 110 -70 Major Conditional Uses, to modify the procedure fir public notice of minor and major conditional use permit applications and to revise the process for reviewing minor and major conditional use permit applications; 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 and Providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 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: Isabel C. DeSantis, D.C. cc: County Attorney via e -mail Growth Management via e-mail & courier File s E ik j H % f) k / Ci ❑EJ 0 ± 0 ( $ Q 2 \ E 2 45 o 9 \ \ §� a 2 4X E - _ azd rR ( c k� O ❑O f % / P 2\ _1 Pk \ 2a k -8w MO \ 2 a ) e ms 2 2 0 < # 8 h 8 k I� 2 q \ n i/ 7 \ 8 ❑❑ cc 0 o a a 6 y w 4 Q E ° >, 2 _a k a. 2 4- 6 I -9 o q o E v $% q ° 2 ' _ ® e q r- § @ § C) ® -. 2 %j[ w 2c G @ �. o / � � @ a � 2 � § s 13 % § - U -- o 0 $ / § CM t \ A � � > ' 2 ¢ -r 2 - _ 7:. a $ © ,., 1:2 e ! 1 / A� 2 0 °2 � � © k$ § §T- ■ E ° © = b$ ƒt 2 2c CS f § ago_ CO a - > � =� w 2 K§ 7 f< } a k • k/ // j 2 o ._ o) 0 « r m • • • w w 0_ C z - C......): til 0 0 • W W CD Q. rn CD (1) 71 71 -13 0 i..1. w CD -i CD > - X M - ....., 7 rn ... ... 0 ...... - .1.- -, CD - 3 ... co ... cu -.... ....._ • - ■ - . , . a M 0 lin M INI I M IN 1 CL ( ' M • MP . 1.1 11= 1 1.1.11 11=1 1 . . I ■ . . ■ . . . . . . . . . . . . . . . . . . . . . . I CD 0) ......—.— '1....., _____ 7.: r• ED c — = ....., CL N _. + -4 0) cr 0 x 2 PO c c?, • 9 ;r ....• (D. (GcAt A. tv - a ,.... _. o V Y �;e f FLORIDA DEPARTMENT Of STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State October 18, 2011 - N - t� Honorable Danny L. Kolhage c-, Clerk of the Circuit Court ; o Monroe County 500 Whitehead Street, Suite 101 71 Key West, Florida 33040 _:--- o .. Attention: Isabel C. DeSantis, Deputy Clerk o Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 13, 2011 and certified copies of Monroe County Ordinance Nos. 013 -2011, 014 -2011, 015- 2011, 016 -2011 and 017 -2011, which were filed in this office on October 17, 2011. Sincerely, ( A tl ig ChaGS Liz Cloud Program Administrator LC /jw i ----da ,---.°11 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 g Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov Commemorating 500 years of Florida history www.fla500.com VIVA FLORIDA 500. VIVA FLORIDA 500. DEO Final Order No.: DEO -11 -0032 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ■ In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY .�. -n ORDINANCE NO. 016 -2011 ` 0 0 FINAL ORDER 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 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 October 20, 2011, the Department received for review Monroe County Ordinance No. 016 -2011 ( "Ord. 016 - 2011 "), adopted by Monroe County on September 21, 2011. 3. The purpose of Ord. 016 -2011 is to amend Monroe County Code Section 101 -1, Definitions, and Section 118- 12(M)(4), Shoreline Setback, Docking Facilities, Adjacent Parcel to clarify what elements of a docking facility may be permitted on adjacent parcels of land. Ord. 016 -2011 contains definitions and text to facilitate the construction of docks on adjacent lots that are not physically contiguous with the principle use single family or duplex home owned by the applicant. 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 { 1 DEO Final Order No.: DEO -11 -0032 Concern. § 380.0552, Fla. Stat. (2010) 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. § 380.031(8), Fla. Stat. (2010). The regulations adopted by Ord. 016 -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. 016 -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. (d) To ensure the maximum well -being of the Florida Keys and its citizens through sound economic development. (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. 9. Ord. 016 -2011 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 016 -2011 furthers Monroe County Comprehensive Plan Goal 212, Objective 212.5 and Policy 212.5.2. WHEREFORE, IT IS ORDERED that Ord. 016 -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 1 DEO Final Order No.: DEO -11 -0032 DONE AND ORDERED in Tallahassee, Florida. C; J,. omas Beck, AICP Di ector, 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. 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 DEO Final Order No.: DEO -11 -0032 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 and co t copies have been furnished to the persons listed below by the method indicated this ' day of November, 2011. X2Z Miriam Snipes, 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 4 • DEO Final Order No.: DEO -11 -0032 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 • • • 5