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Ordinance 025-2012 , / 11:5 4 ' U 'l e\ 1, - ”Nr - ■ r ) MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 025 - 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE TO ADD SECTION 110 -144, UNLAWFUL LAND USES; ESTABLISHING PROCEDURES TO REVIEW AND ACT UPON BUILDING PERMIT APPLICATIONS FOR A SITE WITH A KNOWN UNLAWFUL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Planners who review applications for land use issues need a specific regulation to cite in order to withhold the issuance of a building permit (excluding those related to life and safety) on a site that has a known violation related to land use; and WHEREAS, it is inappropriate and contradictory for the County to allow improvements on a site that would facilitate and/or improve an unlawful use that cannot be permitted. Such could be viewed as a tacit approval of the unlawful use or recognition that it is lawful. Further, the County needs mechanisms to eliminate non - approved unlawful uses that are beyond the time limitations of code enforcement prosecution; and WHEREAS, during a regularly scheduled meeting held on April 24, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, during regularly scheduled public hearings held on May 30, 2012 and June 27, 2012, 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: Section 1. Section 110 -144 shall be established as follows): Page 1 of 3 Sec. 110 -144. Unlawful land uses. The term unlawful land use, as used in this section, means any land use that has not received a permit or other official approval from the division of growth management and cannot be approved on a given site pursuant to the permitted uses set forth in chapter 130, article III of this Land Development Code and/or policies related to permitted land uses in the Comprehensive Plan. a) Building permit application improving a known, unlawful land use. The planning and environmental resources department shall not approve any building permit application for an improvement to a structure with a known, unlawful land use until the unlawful land use is either a) permitted in accordance with the Land Development Code or b) eliminated. b) Building permit application not related to a known, unlawful land use. The planning and environmental resources department may approve a building permit application on a site with a known, unlawful land use if it is determined that the scope of work would not improve or facilitate the unlawful land use. In the event of such an approval, the County shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution. c) Building permit application improving a known, unlawful land use addressing public health and safety. Building permit applications that are limited exclusively to addressing imminent risks to public health and safety may be approved under any circumstance. By way of illustration and not limitation, building permit applications may be approved for repairs and/or replacement of roofs, other building structural components, plumbing and/or electric — however only to the extent necessary to address imminent risks to public safety and health as determined by the planning director, who may consult with the building official, county engineer and/or fire marshal to determine the allowable extent of such improvements. In the event of such an approval, the County shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution. d) Nonconforming use. Building permits applications may be approved for lawful, nonconforming uses in accordance with section 102 -56. 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. Page 2 of 3 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. 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 2lst day of September , 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes ' - rse' ca rt Commissioner Sylvia Murphy Yes `"' Commissioner George Neugent Yes • MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . - �' o Attest: DANNY L. KOLHAGE, CLERK al By( / t ' / By Deputy Clerk Mayor Da ' Rice MON-• •UNTrATTORNEY A' D AS TO F03 ,�i - �t a _ ai Date: - Page 3 of 3 MONROE COUNTY COURTHOUSE BRANCH OFFICE: b 500 WHI}i iEEr \D $'IREET, SUITE 101 1 GOU • - NTy , c PLANTATION KEY KEY WEST, FLORIDA 33040 Q : z "•.P GOVERNMENT CENTER TEL. (305) 294 - 4641 7 ._ 1 '? # j 88820 OVERSEAS HIGHWAY • FAX (305) 295 - 3663 %'t PLANTATION KEY, FLORIDA 33070 9 •. ° ems TEL. (305) 852 -7145 • BRANCH OFFICE: I � � c"� `� � FAx (305) 852 -7146 MARATHON SUB COURTHOUSE. 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARAT 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 1, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and /or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140 - 000000, 00247150- 000000, 00247160 - 000000, 00247170- 000000, and 00247180- 000000 from undesignated and Tier I to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney via e File/ • 1 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us Final Order No. DEO -12 -144 STATE OF FLORIDA r^ DEPARTMENT OF ECONOMIC OPPORTUNITY a N F c. c7 r^ r m o In re: A LAND DEVELOPMENT REGULATION w ° ADOPTED BY MONROE COUNTY, FLORIDA, --p ORDINANCE NO. 025 -2012 3 rn FINAL ORDER The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development regulations adopted by Monroe County, Florida, Ordinance No. 025 -2012 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of critical state concern. Monroe County is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on September 21, 2012, and rendered to the Department on October 9, 2012. 3. The Ordinance creates Section 110 -144, Monroe County Code, to define unlawful land uses, recognize that permits may be issued for a use on a site that contains an unlawful land use if it does not improve or facilitate the unlawful use, and address the issuance of building permits that will improve a known unlawful use for public health and safety purposes. CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11) and § 380.0552(9), Fla. Stat. Monroe County is a local government in the Florida Keys Area of Critical State Concern. 1 Final Order No. DEO -12 -144 5. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations. 6. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat. 7. The Ordinance is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern as a whole, and specifically furthers the following Principle: (h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co -op; and 9. Other utilities, as appropriate. 8. The Ordinance is ministerial in nature and is consistent with the Monroe County Comprehensive Plan as a whole. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 025 -2012 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern and is hereby APPROVED. 2 Final Order No. DEO -12 -144 This Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida. HOMAS BECK, AICP Director, Division of Community Development Department of Economic Opportunity NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S 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 3 Final Order No. DEO -12 -144 YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, CONDUCT CROSS- EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND 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 FINAL ORDER. A PETITION IS FILED WHEN IT IS RECEIVED BY: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY OFFICE OF GENERAL COUNSEL 107 EAST MADISON STREET, MSC 110 TALLAHASSEE, FLORIDA 32399 -4128 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. 4 Final Order No. DEO -12 -144 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 corre t copies have been furnished to the persons listed below by the method indicated this ay of November, 2012. I 01111I■ Miriam Snipes, Age " - Department of Eco omic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 By U.S. Mail: The Honorable David Rice Mayor, Monroe County 500 Whitehead Street Key West, FL 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Christine Hurley, Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DEO Tallahassee Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee 5