Ordinance 019-2011 t o,
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`• MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 019 - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE 110 -73, DEVELOPMENT UNDER AN
APPROVED CONDITIONAL USE PERMIT, TO FURTHER
EXPLAIN WHEN A MINOR DEVIATION APPLICATION,
A MAJOR DEVIATION APPLICATION OR AN
AMENDMENT APPLICATION IS REQUIRED TO MODIFY
THE DEVELOPMENT APPROVED BY A CONDITIONAL
USE PERMIT; 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 current text within the Land Development Code providing for minor
and major deviations to conditional use permits is outdated and includes provisions that
have not been applied in many years. Such provisions should be deleted or modified to
reflect current and best practices; and
WHEREAS, to better facilitate and permit modifications to existing conditional use
permit approvals, this text amendment expands the authority of the Planning Director and
Planning Commission when reviewing and deciding upon deviations to conditional use
permits; and
WHEREAS, to provide better clarification, this text amendment provides language
stating that developments deemed to have a conditional use are allowed to submit an
application for minor or major deviations when appropriate; 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;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Page 1 of 10
Section 1, Section 110 -73 shall be amended as follows:
Sec. 110 - 73. Development under an approved conditional use permit.
(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 60 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 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 years, unless otherwise specified. 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 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 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
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 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
Page 2 of 10
secured all other permits and approvals required by this Land
Development Code or regional, state and federal agencies and until the
approved conditional use is recorded in accordance with section 110 -72.
(4) In the case of conditional use permit approvals for sites that have existing
development, lawful uses that are in existence but anticipated to be
demolished may remain in place while the redevelopment is taking place
to provide an opportunity for the site to remain functional.
(b) Enforcement. Whenever the planning director has reason to believe the provisions
and/or conditions of a conditional use permit are being violated, the planning
director or code compliance director shall notify the alleged violator by certified
mail and require corrective action of the violation(s) within a reasonable period of
time, not to exceed 120 days. If necessary, for the protection of the public health,
safety or welfare, the planning director may notify the building official to issue a
temporary order stopping any and all work on the development until such time as
the violation is cured. If the violation(s) is not corrected within the time specified,
the violation(s) shall be referred to the code compliance department for
enforcement.
(c) Deviations to a conditional use permit approval through the building permit
application process. Deviations may be made to developments approved by
conditional use permits and existing uses deemed to have conditional use permits
in accordance with section 101 -4(c) as follows:
(1) Deviations that do not result in additional impact. After development
approved by a conditional use permit is complete pursuant to section 110 -
73(d), improvements that do not result in additional impact may be
approved as of right. Such modifications are limited to the following:
a. Normal maintenance or repair to permit continuation of an approved
use(s) and/or structure(s);
b. Construction and/or installation of an accessory structure that does not
reduce the approved amount of open space for the site, does not alter
any aspect of an approved structure(s) and/or required landscaping,
and meets all requirements of this Land Development Code;
c. Replacement of an approved structure with a new structure that is for
the same use, within the same building footprint of the building to be
replaced, and of equal or lesser height of the building to be replaced.
However in no event shall the preceding language permit the
continued existence or replacement of a nonconforming use or
nonconforming structure prohibited by chapter 102, article III.
Nonconformities;
d. Installation of additional landscaping or the replacement of approved
landscaping; or
e. Demolition of a structure that is not required by the development
Page 3 of 10
order.
f. For approved commercial retail uses only, a change of intensity from
high to medium or low or a change of intensity from medium to low.
The preceding improvements may not be permitted as aright if their
approval would result in a substantial change in the overall impact or
intent of the development order or violate a provision or condition of the
development order, as determined by the planning director.
( :2) Minor deviations to minor and major conditional use permits. Minor
deviations to minor or major conditional use permits may be approved by
the planning director. Such modifications are limited to the following:
a. Additional development that requires a deviation of up to 10 percent of
one or more the following requirements as follows:
1. Amount of off - street parking pursuant to section 114 -67 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of loading/unloading spaces pursuant to section 114 -68 or
the approved conditional use permit, whichever is more restrictive;
3. Amount of landscaping pursuant to section 114 -99 or the approved
conditional use permit, whichever is more restrictive;
4. Bufferyard width and/or plantings pursuant to sections 114 -125
through 114 -130 or the approved conditional use permit,
whichever is more restrictive;
5. Access pursuant to section 114 -195 through 114 -199 or the
approved conditional use permit, whichever is more restrictive;
6. Width of setbacks pursuant to section 130 -186 or the approved
conditional use permit, whichever is more restrictive;
7. Amount of non - residential floor area pursuant to section 130 -164
or the approved conditional use permit, whichever is more
restrictive; and/or
8. Amount of open space pursuant to sections 130 -157, 130 -162 and
130 -164 or the approved conditional use permit, whichever is more
restrictive.
b. Additional development that requires a deviation of up to 5 percent of
one or more the following requirements as follows:
1. Amount of dwelling units pursuant to section 130 -157 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of hotel - motel, recreational vehicle and/or institutional
residential dwelling units pursuant to section 130 -162.
c. For approved commercial retail uses only, additional development or
redevelopment that requires a deviation of up to 10 percent of the
approved intensity in terms of trip generation.
d. Adjustments to the development plan schedule or phasing plan.
However, in no event may a minor deviation extend any final
deadlines for completion as such an approval may only be granted in
Page 4 of 10
accordance with subsection (a).
Development approved by a minor deviation shall be consistent with
all policies and requirements of the Comprehensive Plan and this Land
Development Code.
Concerning major conditional use permit approvals, regardless of
compliance with the preceding requirements, improvements or
additional development may not be permitted as a minor deviation if
such would result in a substantial change in the overall impact or intent
of the development order or violate a provision or condition of the
development order. For approvals granted by the planning
commission, such improvements or additional development may only
be approved by a major deviation or an amendment to the major
conditional use permit.
Concerning minor conditional use permit approvals, regardless of
compliance with the preceding requirements, improvements or
additional development may not be permitted as a minor deviation if
such would result in a substantial change in the overall impact or intent
of the development order. If the development requiring the minor
deviation meets the requirements, the planning director may attach
new conditions or adjust the original conditions as necessary to carry
out the purposes of the Comprehensive Plan and Land Development
Code and to prevent or minimize adverse effects on other properties in
the neighborhood.
Requests for minor deviations shall be submitted to the planning
department on a form prescribed by the planning director. Minor
deviation approvals and denials shall be provided to the applicant in
writing and are subject to administrative appeal to the planning
commission.
(3) Major Deviations to Minor Conditional Use Permits. Major deviations to
minor conditional use permits may be approved by the planning director.
Such modifications are limited to the following:
a. Additional development that requires a deviation of 10.1 to 20 percent
of one or more the following requirements as follows:
1. Amount of off- street parking pursuant to section 114 -67 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of loading/unloading spaces pursuant to section 114 -68 or
the approved conditional use permit, whichever is more restrictive;
3. Amount of landscaping pursuant to section 114 -99 or the approved
conditional use permit, whichever is more restrictive;
4. Bufferyard width and/or plantings pursuant to sections 114 -125
Page 5 of 10
through 114 -130 or the approved conditional use permit,
whichever is more restrictive;
5. Access pursuant to section 114 -195 through 114 -199 or the
approved conditional use permit, whichever is more restrictive;
6. Width of setbacks pursuant to section 130 -186 or the approved
conditional use permit, whichever is more restrictive;
7. Amount of non - residential floor area pursuant to section 130 -164
or the approved conditional use permit, whichever is more
restrictive; and/or
8. Amount of open space pursuant to sections 130 -157, 130 -162 and
130 -164 or the approved conditional use permit, whichever is more
restrictive.
b. Additional development that requires a deviation of 5.1 to 10 percent
of one or more the following requirements as follows:
1. Amount of dwelling units pursuant to section 130 -157 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of hotel - motel, recreational vehicle and/or institutional
residential dwelling units pursuant to section 130 -162.
c. For approved commercial retail uses only, additional development or
redevelopment that requires a deviation of up to 10.1 to 20 percent of
the approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with
all policies and requirements of the Comprehensive Plan and this Land
Development Code.
Regardless of compliance with the preceding requirements,
improvements or additional development may not be permitted as a
major deviation if such would result in a substantial change in the
overall impact or intent of the development order. If the development
requiring the major deviation meets the requirements, the planning
director may attach new conditions or adjust the original conditions as
necessary to carry out the purposes of the Comprehensive Plan and
Land Development Code and to prevent or minimize adverse effects
on other properties in the neighborhood.
Requests for major deviations shall be submitted to the planning
department on a form prescribed by the planning director. Major
deviation to minor conditional use permit approvals and denials shall
be provided to the applicant in writing and are subject to
administrative appeal to the planning commission.
(4) Major Deviations to Major Conditional Use Permits. Major deviations to
minor conditional use permits shall be approved by the planning
commission. Such modifications are limited to the following:
Page 6 of 10
a. Additional development that requires a deviation of 10.1 to 20 percent
of one or more the following requirements as follows:
1. Amount of off - street parking pursuant to section 114 -67 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of loading/unloading spaces pursuant to section 114 -68 or
the approved conditional use permit, whichever is more restrictive;
3. Amount of landscaping pursuant to section 114 -99 or the approved
conditional use permit, whichever is more restrictive;
4. Bufferyard width and/or plantings pursuant to sections 114 -125
through 114 -130 or the approved conditional use permit,
whichever is more restrictive;
5. Access pursuant to section 114 -195 through 114 -199 or the
approved conditional use permit, whichever is more restrictive;
6. Width of setbacks pursuant to section 130 -186 or the approved
conditional use permit, whichever is more restrictive;
7. Amount of non - residential floor area pursuant to section 130 -164
or the approved conditional use permit, whichever is more
restrictive; and/or
8. Amount of open space pursuant to sections 130 -157, 130 -162 and
130 -164 or the approved conditional use permit, whichever is more
restrictive.
b. Additional development that requires a deviation of 5.1 to 10 percent
of one or more the following requirements as follows:
1. Amount of dwelling units pursuant to section 130 -157 or the
approved conditional use permit, whichever is more restrictive.
2. Amount of hotel - motel, recreational vehicle and/or institutional
residential dwelling units pursuant to section 130 -162.
c. For approved commercial retail uses only, additional development or
redevelopment that requires a deviation of up to 10.1 to 20 percent of
the approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with
all policies and requirements of the Comprehensive Plan and this Land
Development Code.
Regardless of compliance with the preceding requirements,
improvements or additional development may not be permitted as a
major deviation if such would result in a substantial change in the
overall impact or intent of the development order. If the development
requiring the major deviation meets the requirements, the planning
commission may attach new conditions or adjust the original
conditions as necessary to carry out the purposes of the
Comprehensive Plan and Land Development Code and to prevent or
minimize adverse effects on other properties in the neighborhood.
Page 7 of 10
Requests for major deviations shall be submitted to the planning
department on a form prescribed by the planning director. Major
deviations applications shall be reviewed by the development review
committee prior to the planning commission public hearing. Major
deviation to minor conditional use permit approvals and denials shall
be provided to the applicant in writing and are subject to appeal to a
hearing officer under chapter 102, article VI, division 2 by filing the
notice required by that article within 30 days of the date of the written
decision of the planning commission.
(5) Amendment to a Conditional Use Permit. Any adjustment, improvement
or additional development that is not permitted as of right, as minor
deviation, or as major deviation as set forth in subsections (c)(1), (c)(2),
(c)(3) or (c)(4) shall be processed as an amendment to a conditional use
permit in accordance with section 110 -74.
(6) Rounding. When units or measurements determining the required
standards in this section result in a fractional unit, any fraction up to and
including one -half shall be disregarded and fractions over one -half shall
round to the next integer.
(7) Variances and waivers. Under no circumstances shall approval of a minor
or major deviation to a conditional use permit negate any requirement to
obtain a variance or waiver if the adjustments require such pursuant to this
Land Development Code. If a variance or waiver is necessary to show
compliance with any of the requirements set forth in subsections (c)(1),
(c)(2), (c)(3) or (c)(4), the variance or waiver shall be granted prior to the
related minor or major deviation approval.
(8) Timeframe. Deviations in accordance with this section may be approved
during construction or after issuance of a certificate of occupancy.
(d) Inspections after development.
(1) Inspections by the Planning Department. Following completion of the
development of a conditional use permit, the planning department shall
review the development for compliance with the use as approved. If it is
determined that the conditional use permit has been developed in
accordance with the approval, then a certificate of occupancy shall be
issued in accordance with section 6 -145. If the planning director finds that
the development, as completed, fails in any respect to comply with the use
as approved, he shall immediately notify the building official, the planning
commission, the board of county commissioners, and the applicant of such
fact. The building official shall not issue a certificate of occupancy
pursuant to section 6 -145 until the planning commission has acted on the
planning director's notification of noncompliance.
Page 8 of 10
(2) Action by the planning commission. Within 30 working days following
notification by the planning director, the commission shall:
a. Recommend that the finding of the planning director be overruled;
b. Recommend to the applicant modifications in the development to
bring it into accord with the terms and provisions of the final plan
approval and the conditional use permit; or
c. Revoke the conditional use permit, as well as all prior approvals and
related or resulting permits.
(3) Appeal before hearing officer. The holder of a conditional use permit
approval aggrieved by the decision of the planning director pursuant to
subsection (b) of this section may request an appeal before a hearing
officer under chapter 102, article VI, division 2 by filing the notice
required by that article within 30 days of the date of the written decision of
the planning director.
Section 2. 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 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 to the Florida State Land Planning Agency as required
by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 9 of 10
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 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 19 thday of October , 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 COMMI SIONERS
Attest: DANNY L. KOLHAGE, CLERK
B Cf/i(dC Ze By
Deputy Clerk Mayor Heather Carruthers
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MONROE COUNTY ATTORNEY
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ASSISTAN MINTY yTT R NEY
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MONROE COUNTY COURTHOUSE = ycouNty BRANCH OFFICE:
PLANTATION KEY
500 WHITEHEAD STREET, SUITE 10 • %," . / GOVERNMENT CENTER
KEY WEST, FLORIDA 33040 �� • N / 88820 OVERSEAS HIGHWAY
TEL. (305) 294 - 4641 % f 4, j
FAx (305) 295 - 3663 PLANTATION KEY, FLORIDA 33070
j ;' ��� 1 o :,. - - -- -•: � � TEL. (305) 852 -7145
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BRANCH OFFICE: 1 %""� "� FAx (305) 852 -7146
MARATHON SUB COURTHOUSE ROTH BUILDING
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT 50 HI POINT ROAD
MARATHON, FLORIDA 33050 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 TEL. (305) 852 -7145
FAx (305) 289 -1745 www.clerk -of- the- court.com FAx (305) 853 -7440
November 2, 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 7853
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 018 -2011 amending Section 23 -76 of the Monroe County Code to repeal
the prerequisites for mobile traveling junk dealers; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for severability; Providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 019 -2011 amending Section 110 -73 of the Monroe County Land
Development Code, to further explain when a minor deviation application, a major deviation
application or an amendment application is required to modify development approved by a
conditional use permit.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on Ordinance 19, 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
Tax Collector, Ordinance # 018 -2011 via e-mail
Finance
File
U.S. Postal Service,,
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Program Administrator
Administrative Code and Weekly
R.A. Gray Building
i 500 South Bronough Street
Tallahassee, Florida 32399 -0250 '' 3. se cerype
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES
Governor KURT S.
BROWNING
Secretary of State
November 8, 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 November 2, 2011 and certified copies of Monroe County Ordinance Nos. 018 -2011 and 019 -2011,
which were filed in this office on November 7, 2011.
Sincerely,
k, , _ ciacit_
•
Liz Clou
Program Administrator"
LC /jw ui
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -
0250
Telephone: 850.245.6600.
Facsimile: 850.245.6282 • http• / /info.florida.gov
VIVA FLORIDA 500- Commemorating 500 years of Florida history www.fla500.com
VIVA FLORIDA 500-
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES
Governor KURT S.
BROWNING
Secretary of State
November 8, 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 November 2, 2011 and certified copies of Monroe County Ordinance Nos. 018 -2011 and 019 -2011,
which were filed in this office on November 7, 2011.
Sincerely,
c c Q
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Liz Clou
Program Administrator
LC /jw
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-
0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
VIVA FLORIDA SOO. Commemorating 500 years of Florida history www.fla500.com
VIVA FLORIDA 500.
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DEO Final Order No.: DEO -12 -007
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: MONROE COUNTY LAND - -
DEVELOPMENT REGULATIONS
Fri
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 019 -2011 0
rri
FINAL ORDER r'v
The Department of Economic Opportunity (the "Department ") hereby issues its Final �detp
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 November 28, 2011, the Department received for review Monroe County Ordinance No.
019 -2011 ( "Ord. 019-2011"), adopted by Monroe County on October 19, 2011.
3. The purpose of Ord. 019 -2011 is to amend Monroe County Code Section 110 -73,
Development Under a Conditional Use Permit, to further explain when a Minor Deviation
Application, a Major Deviation Application or an Amendment Application is required to modify
the development approved by a Conditional Use Permit.
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.
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DEO Final Order No.: DEO -11 -0033
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. 019 -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. 019 -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.
9. Ord. 019 -2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 019 -2011 furthers the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ord. 019 -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.
J. mas Beck, AICP
Director, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399 -4128
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DEO Final Order No.: DEO -11 -0033
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 � day of January, 2012.
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
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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DEO Final Order No.: DEO -11 -0033
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 1 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-
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