Item N12
~ r
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:02/21/01
Division: BaCC
".
Bulk Item: Yes D No D .'
Department: Nora Williams
AGENDA ITEM WORDING:
Discussion of two items:
1) Do we wish to revisit the 1993 ordinance that stopped issues like the tower from
coming before the Board of County Commissioners (see back-up material)?
2) Do we wish to revisit the ordinance that stopped event issues like the annual race on
Loop Road from coming before the Board of County Commissioners (see back-up
material)?
Approval of a resolution:
The Board of Monroe County Commissioners resolves to hold special meetings in
Tavernier, Big Pine, and on Sugarloaf and Long Keys, at least annually.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
TOTAL COST: ~
COST TO COUNTY:
BUDGETED: Yes D No D
REVENUE PRODUCING: Yes D No D
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY D OMS/PURCHASING D RISK MANAGEMENT D
DIVISIONDIRECTORAPPROVAL: n. W~~
DIVISION DIRECTOR NAME: Nora Williams
DOCUMENTATION: INClUDED::l& TO FOllOW: 0 NOT REQ~~R~Y~
DISPOSITION: AGENDA ITEM #: ~
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MEMORANDUM
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FROM:
James L. Rob~rts
County ^dministrator
D^TE
Jcllluary 2(l. 2001
SUBJECT
R.esponse to your R(~q\lest
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You requc:-.tcu a document showing the change to the County Commission to the appeal
process to the Planning Commission in reference to review issues. I am enclosing two
documents. first is the old Section 9.5-521 of the Land Development Regulations Second IS
part of Ordinan\.'C #019-1993 that amended that Code. Please note that there are indications by
Grov.ih Management of the appropriate provisions.
If you have any further questIOns, please let us know.
~,~~
~~
--
--_. -
James L. Roberts
County Administrator
JLR:dlf
cc: Board of County Commissioners
Jim Hendrick
Tim Mc()any
0112..5101 1:1;03 /;,U 305211921154
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Prior to approval of Ordinance 19- 1993
,LAND DEVF.1.0PMENT REGULATIONS
~ 9 5.521
ARTICLE XlI. APPEALS FROM ADMINISTRATIVF.
ACTIONS
Sec. 9.5-521. Appeals.
(o) A llthority The planning commisGion shall have the author-
ity to hear Bnd decide appeals from any decision, determinatIOn
or interpretation by any administrativo offiCIal with respect to
the provisionll of this chapter and the standards snd procedures
hereinafter set forth. except that the board of county commie.
lilon"n; shall h"ar <<nd decide app..als from administrative ac,
tions regarding the ~lll()dpl&in management provisions of thill
chapter.
(hI InuUlCion: An appeal may be initiated by an owner. appli-
cant. adjacent property owner. any aggneved or adversely af-
fected person, a6 defined by section 163.3215(2), Florida Statutes,
or any resident or real pn>perty owner from any order. decision.
determination or interpretation by any administrative official
with respect to the provisions of thIS chapter.
(e) Procedures: A notice of appeal in the form prescribed by the
director of planning mUGt be filed with the county administrator
and with the office or department rendering the decision, deter.
mmatlOn or interpretation within twenty (20) wurklng day" of
the decision Such notice sball be accompanied by the names
!lnd addreeses of the owner, applicant. property owner, and adja-
cent property owners. The filing of such notic., of Aprea I will
require the administrlltive official whose decision is appealed to
forward to the commission or board within five (5) working days
lmy and all records concerning the suhject matter of the appeal
and to !lend written Dotice of the appeal to the owner, applicant.
property owner. and adjacent property owners, if different from
the person filing the appeal. within five (5) working daya of
receipt of the notice of appeal Failure to file such appeal shall
con"titute B waiver of any rights under this chapter to appeal any
intNpretation or determination made by an administrative offiCIal.
(d) Effect of FLlln.g on. Appeal' The filing of a notice of appeal
shall stay any pruceedlngs \J\ furtherance of the acllon appealed
from unless tile administrative offIcial rendering such deciSIon,
Supp. No 33
BOO.367
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MONRO~; COUNTY con!;
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d~termination or interpn~tation cerlifip.R In writmg to the com
missIon or the hoard and tbe applicant that a ~tay poses an
imminent peril to life or property, In which case thf' appeal "hall
Dot ~tay further proceedings. 'J1.e commi!<sion or board may re
vi"w tluch c~rtification nnd ~ant or deny a nay of thp proc.eedings
le) Action of (he comnllssion or board' The plannmg comrnis~
slon or board of cout'lty commissioners shall consider the appeal
at its m'd !;Cheduled meeting following receipt of all records
concerning the hubject matter of thP. appeal. Any perl<on entitled
to initiate an appeol may have an opportuuily to addre"s the
commission or bo;uds at that meeting and argument shall bc
reslricted to the record below except that a party appealing au
administTativ~ derision, d..t..rmination or interpretation 6hall be
entitled to pre6enl evidence and creale a r..cord before the plan.
ning commission; any appeals before the county commi8~l1on shall
be based upon and rP.9tricted to the recorli
(0 Appeal to Board of County Commisliwne,s: An appe9.l iDl~
tiolly made to the planning commission from any decision, de~
tt'rmination or interpretation made by an administrative official
shall next be applicable to the board of CO\1Jlty commissioners.
The notice of such appeal shall be in a form prescnbed by the
planning director and must be filed In the office of the county
commissioner within twenty (20) days of the planning commis~
sion's decision. The filing of such an appeal will require the
secretary to the planning commiBt;lon to forward to the board of
countytommi8Gioners any and all records before the planning
commission whether cOllsidered by the commi6sion in rendering
its decision or merely proffered, concerning the subject matter of
the appe31. Failure to file an appeal with the board of county
commissioners shall constitute a waiver of any rights under this
chapler to further appeal the decision made hy the planning
commission concerninll: the deci6ion, determination or interpre
tation of the administ.-o.tive official. (Ord. No. 33-1986. ~ 14.101;
Ord, No. 40-1987, ~ 189)
Annolation-The if'll..nt 0{ amendment 189. amend'''1 ~ubs~tjons lel. {e> ..nd
(0, w;u to I,.nvide written "..tice of an appeal \Q alllbose in.'olved In lhe orig.r.al
nt'C\6.nn of lhe reques'-"<l appcovlll
Supp No 33
BOO 368
Oli~5iOl Ip:OJ fAX 3052892854
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~II En F n~ ~r"r)~~ Mayor London
ORDINANCE NO. o;~ -1 ~~:3-1 !~)-"
AN ORDINANCE AMtNDING SECTION 9.5-21, MONROE COUNTY
CODE, 11\ ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES HAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70 I 9.5-71
AND 9.5-72. MONROE COUNTY CODE. IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MA Y BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTtON 9.5-75. MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SUBJECT TO DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL
DECISION FROM THE COUNTY COMMISSION AS PROVIDED BY
GENERAL LAW; AMENDING SECTIONS 9.5-407 AND 9.5-409.
MONROE COUNTY CODE. IN ORDER TO PROVIDE THAT DECISIONS
OF THE PLANNING COMMISSION CONCERNING SIGNS MAY BE
APPEALED TO A HEARING OFFICER; AMENDING SECTION 19-218,
MONROE COUNTY CODE. IN ORDER TO PROVIDE THAT PLANNING
COMMISSION DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION. AMENDING SECTION 9.5-521. MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; l-MENDING
SECTION 9.5-523, MONROE COUNTY CODE. IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEARING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV. CHAPTER
95. MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER I S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF MONROE COUNTY. PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITHj PROVIDING fOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
[lJ 04
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10:03 FAX JU52~92854
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County Code. mAy request an appeal of the planning
commission's decision under the hearing officer appe1-
late article of these regulations by filing the notice
.:..,
required by that article within thirty (30) days after
the d~te of the writtpn decision of the planning
cOl1lIllission.
Section 13.
Sec. 9.S-409(b)(5), Monroe County Code, is
hereby amended to read as follows:
(5) Any person having an interest in the sign or
t.he property may appeal the determination of the code
enforcement official ordering removal or compliance by
filing an appeal pursuant to Sec. 9.5-521, Monroe
Couney Code.
Section 14.
Sec. 19-218(i) Monroe County Code. is hereby
amended to read as follows:
(i) Appeals:
All persons
aggrieved by the
actions of the planning commission in granting or
denyin~ requested alcoholic beverage permits may
request an appeal heClring before a hearing officer
under the hearing officer appellate article (Art. XIV,
Chap. 9.5, Monroe County Code) by filing the notice
required by that article within thirty (30) days after
the date of the written decision of the planning
commission.
~ Section 15.
Code, are hereby
Sec. 9.5-521(d), (e) and
(f) ,
Monroe County
amend~d to read as follows:
13
Ul/25/01 10: OJ 1"1\.\ 305211921154
G1WWTIl MGllT
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Cd) F.ffpct of Filin& an Appeal: The filing of a
notice of appeal shall stay all permit activity and any
proceedings in f~rtherance of the action appealed from
.'
unless the administrative official rendering such
deci~ion. determination or interpretation certified in
WTit:ing to the planning commission and the applicant
that a stay poses an imminent peril to life or
property, in which case the appeal shall not Btay
further permit activity and any proceedings. The
commission shall review such certification and grant or
deny a stay of the proceedings.
(e) Action of the commission:
The planning
,
,
commission shall consider the appeal at a duly called
public hearing following receipt of all records
concerning the subject matter of the appeal. Any
person entitled to initiate an appeal may have an
opportunity to address the commission at that meeting;
and argument shall be re5tricted to the record below
except that B party appealing an administrative
decision, determination or interpretation shall be
entitled to present evidence and create a record before
the planning commission! any appeals before the hearing
officer shall be based upon and restricted to the
record.
(f) Appeal
to hearing officer.
Any person
participating as an appellant or appellee at the
hearing described in subsection (e) of this section may
14
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~06
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MEMORANDUM
TO:
Nora William~
County Commissioner
/
FROM:
Dent Pierce, Director
Public Works Division
DATE:
February 22, 2000
RE:
Ecurie Vitesse sports Car Club
~~~~~~~~~~~~~~~>~~~~~~~~~~~~~>~~~~~~~~~~~?~~~
In accordance with your memorandum to Mr. Roberts dated 1/14/00,
attached please find a time line concerning the County's approval of the
Ecurie Vitesse Sports Car Club utilizing Loop Road, Sugarloaf Key,
Should you have any questionst please feel free to contact me.
CDP/bpl
cc: James L. Roberts
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+9/21/95 - ROCe granted a three-year approval to the EVSCC to use
r ,oop Road, Sugarloaf Key, and Big Torch Road for auto cross events.
. 2/21/96 - Jim Hendrick addressed the BOCC to clarify actlOn taken on
9/21/95; ROCe granted approval of the 1996 event dates for EVSCC
to use Big Torch Road and Loop Road, Sugarloaf Key.
. 3/8/96 --- Discussion with Jim Hendrick who advised Public Works to
agenda the EVSCC in December, 1996, to have the BOCC approved
the 1997 event dates; however, if the proposed Public Assemblies
Ordinance is adopted by the BOCC, then the EVSCC will be handled
administratively.
. 5/22/96 - BOeC adopted the Public Assembly Permit Ordinance No.
030-1996,
. 11/96 & 3/97 - Objection and response to Growth Management's
issuance of Public Assemblies Permit to EVSCC.
,
. 1997 to 2000, upon completing a use of County property form, Hold
Harmless Agreement, and public assemblies permit application, the
EVSCC has obtained approval from Public Works and an annual public
assembly permit from Growth Management.
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95/308
facilities. This matter was referred to the Parks & Recreation
Board in order for them to make recommendations to the Board of
County Commissioners.
TOURIST DEVELOPHENT COUNCIL
Mayor Mickey Feiner, as Chairman of the Tourist
Development Council, and Scott Marr of the Tourist Development
Council, addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Douglass granting approval to
advertise a request for proposal for an outside consultant to
conduct a feasibility study of the administrative operation
seeking suggestions for improvements to operations and procedures
of the TDC. Motion carried unanimously.
SOUNDING BOARD
Stephen DeGrave addressed the Board concerning a
blockade and plans for a fence on the only water access in
Johnsonville Subdivision, Big Coppitt. County Engineer, Dave
Koppel, addressed the Board. The following individuals also
addressed the Board:
Bob Mongelli, George Hernandez, Grace Osborne, Buddy
Lockwood and Eddie Perez.
DIVISION OF PUBLIC WORKS
Norman Fuller representing Ecurie Vitesse Sports Car
Club, addressed the Board concerning their request for a three
(3) year approval to use Loop Road, Sugarloaf Key and Big Torch
Road for auto cross events. Public Works Director, Dent Pierce,
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Harvey granting approval of the request
per Staff recommendation as follows:
1. Original Certificate of Insurance for $1,000,000
General Liability, listing the event and Monroe County as
additional insured;
2. A deputy at each event monitoring traffic control;
3.
Sufficient notification to all emergency rescue
agencies;
4. Hours of events will be between one (1) hour after
sunrise and one (1) hour before sunset;
5. Applicant pays a usage fee of $50 per day;
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MEMORANDUM
DATE:
February 2{>, 1996
TO:
Jim Hendrick
County Attorney
fROM:
Dent Pierce, Director
Public Works Division
RE:
Ecurie Vitesse sports Car Club
At their February 2 L 1996, meeting, the BOCC approved the 1996 dates of events
to be held by the EVSCC for Loop Road, Sugarloaf & Big Torch Road.
Accordingly, please advised how we should proceed to handle the remaining
two years of the three-year permit that was originaly approved on 9-21-95.
Thank you for your assistance.
COP/bpi
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Commissioner Wilhelmina Harvey
QRDINANCE NO.OJO -1996
AN ORDINANCE ESTABLISHING A PERMIT PROCEDURE FOR PUBLIC ASSEMBLIES;
PROVIDING FOR DEfINlT10NS; REQUIRING THAT NO PERSON MAY HOLD A PUBIC
ASSEMBLY WITHOUT A PERMIT; PROVIDING FOR A PERMIT APPLICATION PROCEDURE
AND FEE: PROVIDING FOR THE GRANT OF 'A PUBLIC ASSEMBLY PERMIT BY THE PLANNING
D1RECTOR WITH OR WITHOUT CONDITIONS: AND PROVIDING CRITERIA THEREfOR:
PROVIDING FOR THE DENIAL OF A PUBLIC ASSEMBLY PERMIT BY. THE PLANNING
DIRECTOR AND THE GROUNDS FOR SUCH DENIAL: PROVIDING THAT-CONDUCT AT A
PUBLIC ASS[MBL Y AUTHORIZED BY A PERMIT DOES NOT VIOLATE OTHER COUNTY
ORDINANCES EXCEPTING THOSE THAT REGULATE NOISE AND ALCOHOLIC BEVERAGES
FOR WHICH SEPARATE PERMITS MUST BE OBTAINED: PROVIDING FOR THE MODIFICATION
OR REVOCATION OF A PUBLIC ASSEMBLY PERMIT AND THE: CRITERIA THEREFOR:
PROVIDING THAT THE PLANNING DIRECTOR'S DECISION CONCERNING A PUBLIC
ASSEMBL Y PERMIT OR APPLICATION IS THE FINAL ADMINISTRATIVE ACTION OF MONROE
COUNTY; PROVIDING PENALTIES FOR VIOLATlONS; PROVIDING THAT THIS ORDINANCE 1$
EFFECTIVE IN THE UNINCORPORATED AREAS OF MONROE COUNTY: PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCt:S INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE CODE OF ORDINANCES:
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA:
Section 1.
Definitions:
0) Flea market means 0 market. out of doors or primarily out of doors. wheJ:e new or used
items are sold from individual locations, with each location being operated indeper.JJenlly froq} the ~
other locations. Items sold typically include. but are not limited to. antiques. consvm7er :ffoods?\Jsed,;:;
goods. rore items. decorations. used books and used magazines. ......., ('7j
?::: ~
. <~.
b) Permll means a written statement issued by the Planning Directo':':Cluthori~g the)'
hording of a public assembly under slated conditions. ::v
:x::. :.v
. rry
. ~l Person means an individual. corporation. business trust. estate. trust. part';rshiP2'r
assoclat:on. or any other legal entity. -- ::0
v
dl Planning Director means the individual so designated by the Board of County
Commissioners or his designee.
e} Public assembly means an o~tdoor gathering. or a gathering in temporary structures
such as tents. of individuals which may be attended by members of the general public. with or
without an admiss(Qn charge. when the anticipated daily attendance is expected to exceed ~
J?ersons a ~ay and whIch occurs on~ore than on~day per calendar monthj.lncluding flea markets.
but excluding: . --
(i) events or functions, put on by any government agency including athletic
events on at.hletic fields; or
(iil camping activities conducted by charitable organizations devoted to serving
young people.
f) Public place meons:
Ii) a place with respect to which the state. County or federal government
~~rmalJy has authority to control or prohibit use by the general public: or.
Ill) . a place with respect to which a private person permits use by the general
public.
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Section 2.
Public Assemblv Permit Required.
No person may hold a public Qssembly unless a permit has first been obtained from the
Planning Director.
Seclinn 3
~Iic;:otion for a Public. Am~mblv Permit.
oj An application for a permit to hold a public assembly must be tiled with the Planning
Direclor at least 9 days before the day on which lhe public assembly is to be held. However. if the
public assembly is 10 be held within 9 days after a specific and unanticipated evenl or
announcement of public importance and in response to it. the application may be filed within 24
hours after the event or announcement and atleost 36 hours before the public assembly is to be
held. The Planning Director may olso receive and oel on an application even though thp.
application was no! filed in lime if necessary to preserve the First Amendment rights of an applicant.
b) The application for a permit to hold a public assembly must be in writing and signed
by on individual authorized to act for the person sponsoring the public assembly. The application
must state:
(i)
the date{s) and hours the public assembly is to beIheld:
!
(ii) the nome. residence address. and telephone number of the applicant. the
principal officers of the applicant. the individual making the application, and any
other individual authorized to represent the applicant in applying far the permit:
liii) the designated place where the assembly is to be held;
(iv) the dale(s) when fhe public assembly is to be held and the anticipated daily
hours of operation;
(v) that the requested use by the applicant of the designated place has been
granted by Ihe person or government having the authority to grant the use of fhat
place (in the case of County-owned property, the grant of the permit is permission to
use the place);
(vi) the estimated number of persons expected to porlicipate in or attend the
public assembly;
{vii) the general nature of the pUblic assembly and the arrangements made to
protect the public health and safety during the conduct of the public assembly,
inclutling arrangements with respect to traffic direction and control. crowd control
and sanitation facilities:
(viii) any additional information the applicant wishes to furnish.
cj Upon the receipl of an application for a permit to hold a pUblic assembly, the
Planning Director must note the time of filing on the application.
d) At the request of the Planning Director. the individual authorized to represent the
applicant. the Monroe County Sheriff or his designee. the Building Official. the Fire Marshal. and a
representative of the County Health Department must meet with the Planning Director to nego1iate
mutually satisfactory conditions under which the public assembly may be held to avoid substantial
2
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harm to th~ public health or safety and to minimize or to avoid substantial harm to. or impairment of
1he no'rmal use of. a public place or 10 avoid substantial harm to lhe environment.
el The Planning Director must:
"
(i) issue the public assembly permit on the terms requested:
Iii] issue the permit subject to conditions; or
(iii) deny the permit.
Ihe Planning Director must give the applicant immediate' no lice in writing of his adion on the
application. The Planning Director is deemed to have granted the permit on the terms requested jf
in the case of a permit applied for at least 9 days before the date of the public assembly. the
Planning Director fails to issue a permit or a written denial 4 days before the scheduled date of the
public assembly. or. in the case 01 a permit applied for 8 days or less bafore the date of the public
assembly. the Planning Director fails to issue a permit or a denial 24 hours before the scheduled date
of the public assembly.
Sec!ion 4.
Grant of a Permi!.
If there is not a reasonable likelihood that the public assembly will substantially harn) the
public health or safety or the environment or substantially impair the normal use of a public place.
then the Planning Director must grant the permit on the terms requested.
Secfion 5.
Criteria for Imposinq Conditions on the Permit.
If there is 0 reasonable likelihood that a public assembly will substantially harm the public
health or safety or environment or substantially harm. or impair the normal use of. a public place.
then the Planning Director may grant the permit only upon conditions reasonably necessary to avoid
substantial harm to the public healfh or safety or environment and to minimize the effect of. or
avoid. the substantial, impairment of the normal use of a public place. These conditions may include
designating a different time and place; restricting Ihe daily hours and duration of the public
assembly; requiring the installation of temporary sanitation facilities; requiring Jhe provision ot
emergency medica! or fire services; requiring the applicant to establish crowd and traffic control
procedure~; requiring the presence of law enforcement officers: requiring restoration of the public
assembly location to its pre assembly condition; and requiring the applicant to designate individuals
in charg,e to facilitate dealing with any emergencies thai may arise. If there is an admission charge
or if goods or services are sold :or donations solicited in exchange for goods or services. then the
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Pla~ning Director may require the person holding the public assembly to reimburse the County for
the cost of any additional law enforcement officers. emergency medicol personnel. and firefighters:
fa restore the public assemblY: location fa its preasscmbly condijion, and fa furnish a bond. in a form
satisfactory to the County Attorney. to insure reimbursement and restoration.. In determining whether
10 grant u permit only upon compliance with conditions. the Planning Director must consider
whether:
oj 0 permit has been granted to others to hald a public assembly at the same time in the
same or nearby localion;
b) public sanitation facilities are adequate;
cl noise. litler. the pollution of water or air. or damage ta the environment. will be
caused by the public assembly;
d)
lraffic generated by the public assembly will affecl narmaltraffic movement:
el
the time and place are suitable in view of the number of persons expected fa attend;
f)
assembly:
food. water. and emergency medical and fire services are accessible to the public
g)
temporary structures such as lents or stages are anticipated;
hI there is suHicienltime to permit law enforcement. fire and emergency medical officers
10 make the necessary arrangements to avoid substantial harm to the public health and safety;
iJ the public assembly will substantially impair the provision of fire and police protection
and medical and other essential services:
j) the public assembly will unreasonably interfere with the quiet enjoyment of a
residential community:
kJ there is on alternate availabl~ location that will reasonably serve the objectives of the
public assembly if the requested location ~iH likely result in substantial harm to the public health or
safety or environment or will cause substanfial harm to. or impairment of the norma! use of. a public
place:
II there is a special relationship between ihe subjec1 of the public assembly and the
location that makes it reasonable to impose extraordinary burdens on the individuals residing or
present in r,learby areas; and
mJ the ifDPosition of conditions will materially interfere with the reasonable and lawful
objectives at the public assembly.
Section 6.
Denial of a Permit.
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... If there is reasonable likelihood that a public assembly will substantially harm the public
. health or safety or the environment and the harm cannot be sufficiently mitigated or avoided by the
imposition of conditions. If.'ien the Planning Director must deny the permit application and
immediately inform the applicant in writing stating the reasons for denial.
Section 7.
Noise Permit - AlCOholic Beveraqes,
If the public assembly will require a noise permit or variance under Chap. 13. Art. 3. Monroe
County Code (Noise Control]. then the applicant must obtain a noise permit or vorinnce under the
procedures set forth in that Article. A public assembly permil does not authorize. waive. or exempt a
violation of Chap. 13. Art. 3 . Monroe County Code. A public assembly permit also does not
constitute an authorization or permit for the sale of alcoholic beverages. If the applicant wishes 10
sell alcoholic beverages at the public assembly. he must obtain a permit for such sales through the
I
applicable provisions of the Monroe County Code.
Secfionjh
Modification of Permit Terms and Revocation of a Permit.
aj If there is a material change in the circumstances of the public assembly after a
permit is granted. the applicant must immediately inform the Planning Director of the change.
bJ By agreement with the applicant. the Planning Direefor may at any time amend the
terms of the permit to impose additional or different conditions. On the basis of material change in
the circumsfances. as eifher reported by the applicant or determined by the Planning Djrecfor after
investigation. that present a reasonable likelihood that the public assembly will substantially horm the
public health or safety or the environmenf. or wiJJ substantially impair the normal use of a public
place not covered by the permit. the Planning Director may impose additional or different
conditions to the extent authorized by See, 5. If the applicant and the Planning Director cannot
agree on the additional or moditied conditions. the Planning Direclor may unilaterally amend the
permit but such amendment is not effeefive until a written notice of the permit amendment is
furnished to the applicant.
c) If the change in circumstances. as reported to or determined by the Planning Direcfor.
is such that there is.{J reasonable likelihood that the public assembly will:substanfially harm the public
health or safely or the environment and that the harm cannot be avoided by the imposition of
additional or different conditions as authorized by Sec. 5. Ihen the Planning Director must revoke the
permit and immediately Inform the applicant in writing of the revocation and the reasons for it.
Sec lion 9.
Planninq Director's D~cision is Final Administrative Acfion.
All decisions made by the Planning Director regarding the issuaQce. issuance with conditions.
i
denial. modificalionor revocation. of a public assemply permil constitute the final administralive
aefion of Monroe County. Prompt judicial review is as provided by the Laws of Florida.
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Section 10" 'Conduct under a Permit not a Violation of Other County Ordinances.
Except as provided in Sec. 7. all actions and conducl at a public assembly permitted by the
terms of a permit are deemed not to violate any County ordinance or regulation. including the
County's land development regulations and comprehensive plan,
$.gction 11.
Violations.
Persons who knowingly cause, authorize or permit a public assembly without a permit or
knowingly cause. authorize or permit a public assembly to take place not in conformity with an
issued permit. are in violation at this ordinance. Violations may be prosecuted in the same manner
as misdemeanors are prosecuted. The violalions may be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting aHorney thereot and upon conviction
shall be punistled by a fine not to exceed $500 or by imprisonment in the County jail nol 10 exceed
60 days or by both such fine and imprisonment. Violations of fhis ordinance may also be prosecuted
through the issuance of citations as aufhorized by Sec. 125.69(2). Fla. Stat.. and Chap. 76-435. laws of
Florida. or through proceedings initiated before the Counly Code Enforcement Special Master.
Nothing in this section may be construed to prevent the County from seeking to enjoin violations of
this ordinance. or seeking damages for injuries caused by violations of this ordinance. in a caur! of
competent jurisdiction when authorized by the laws of the State of Florida.
Section 12,
gfgcJive Area.
This ordinance is effective in the unincorporated areas of Monroe County.
Section 13.
Severabilitv.
If any section. subsection. senfence. clouse or provision of this Ordinance IS held invalid, the
remainder of this Ordinance sholl not be affected by such invalidity
Section 14.
Repeal of Ordinances in Conflict Herewith.
All Ordinances or parts of Ordinances in conflicl wilh lhis Ordinance are hereby repealed to
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the extent of said conflict.
Sec1ion 15.
Inclusion in the Monroe County Code.
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Jhe- provisions at this Ordinance shall be included and in~orporated in the Code of
I
. Ordinance~ of the County of Monroe. Florida. as an addition to amendment thereto, and shall be
appropriotely renumbered 10 oonform fo the uniform numbering syslem of the Code.
~ction.l.6.o
Ufl;ctive Date.
This Ordinonce shall lake effect immediately upan receipt of official notice from the Office of
the Secretary of Stale of the State of Florida fhat fhis Ordinance has been filed with fhat Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regular meeting of said Board held on the 22nd day of May
.1996.
Mayor Shirley Freeman
Mayor Pro T em Jack London
Commissioner Wilhelmina Harvey
Commissioner Keith Douglas
Commissioner Mary Kay Reich
yes
yes
no
yes
no
[SEAL) DANNY L. KOL'HAGE, 0IeRi
ATTEST: '
By~rAJM~~
Effective Date
BOARD OF COUNTY COMMISSIONERS
OF MON~~CqU~Y. F~O~
By ~~~J~
Mayor /~airman
jordoslembly
7
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Ms. June Girard, President
Sugarloaf Shores Property Owners Association
P.O. Box 35
Sugarloaf Shores. FL 33044
RE: EVSCC Races
Dear Ms. Girard:
BOARD OF COUNTY COMMISSIONERS
MAVOR. Shirley ~___. OiWic\ 3
~yor Pro TlIITI. Jeck London. District 2
Wilhelmina H&rvey. Di$ltlct ,
Mary Kay Reich, [Mlriel 5
Keitl'l DougIaR. Dilllnet 4
Monroe County
Planning Department
Suite 410
2798 Overseas Hwy.
Marathon, FL 33050-2227
March 31, 1997
I sincerely apologize for not direcUy communicating with you, but my
decision on granting the public assembly pennit for the above races has not
changed; however, in all fairness to yo yr.. organization, I am providing the
following written responses to your undated letter received by this office in
November 1996:' .
Consistency with Land Use Plan. The scheduled racing events occur
over four days durin9 the year on Loop Road and have fewer than 80
participants. ThQfefore. I sea no evidence to persuade me that such limited and
tamporary activities constitute any long-term impacts to the ecosytems of the
area. Furthermore. the County Comprehensive Plan or Native Area District do
not even address this type of activity, since these races are only temporary.
occur primarily on public right-af-way, and do not require County building permits
or development approval.
Ecological Assets. My review of'the records, particularly correspondence
from the Florida Game and Fresh Water Fish Commission, dated July 6, 1995.
concludes that the EVSCC races do not repre6ent a significantthreat to the bird
populations in the Loop Road area and may even provide a benefit to the
ecology of the Loop Road area if conducted properly.
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Ms. June Girard
March 31,1997
Page 2
"
The EVSCC race officials rescheduled their April races on the Loop Road
to February to mitigate any possible impacts on nesting birds. The group has
been involved in the fully permitted and coordinated removal of exotic vegetation
as recommended by the Florida Game and Fresh Water Fish Commission
(GFC). In thA past, the EVSCC has removed solid waste from area, also
recommended by the GFC, which may benefit native species such as the
endangered Silver Rice Rat and nesting birds, by removing possible habitat sites
for predator Black Rats.
Public Nuisance. No hard information has been provided supporting the
contention that "noise- from these racing events constitute a public nuisance.
Attracting Other Racino Enthusiasts. The granting of the public assembly
permit by the Planning Department and approval of the use of County right-of-
way by Public Works hardly constitute any implied right for other groups to use
the area for racing. The remoteness of the area and configuration of the road
may attract other racers, not the permitting of this racing event.
Granting of Public Assembly Permit. In making its decision, the Planning
Department addressed the concerns raised by your Association. As Planning
Director, I found no compelling evidence to conclude that granting of this permit
would cause environmental damage, a public nuisance, any threats to public
safety, or violate" the Comprehensive Plan and Land Development regulations.
Furthermore, to Clarify a point raised in your letter, the public assembly permit
applies to bmh private and public assemblies.
Therefore, I see no compelling reason to revoke or reconsider the permit
at this time. Should compelling and objective infonnation become availabte that
warrants reconsideration of my decision. I will do so.
cc: Mr. James Roberts, County Admini$trator
Mr. Robert L. Herman, Director of Growth Management
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Sugarloaf Shores Property Owners Associatior
P.o. Box 35 · Sugarloaf Shores. FL 33044
r ~-
RECEIVED
Monroe County Dlrector of Plann~ng
Timothy J. McGarry
2798 Overseas H~ghway Suite 400
Marathon, Flor1da 33050
NOV 0 7 '9~6
BY
Me PL.Ar. Ott'T
~
Dear Mr. McGarry,
Recently ~n the Rey West C~t~zen, an article appeared
titled "Keys Off1cials Worry About Plan for Missile Tests."
In the article the statement was made "The irony of
launching.. .mlss~les...over the Culf from sites that the
state and federal governments have designated as
"env ironmentally cn. tical" has not been lost on County
offic1als." Well, the irony of permi.tt~nq car raCeS on sites
that the County has designated in its land use development
rules and land use plan as env1conmentally critical has not
been lost on Sugarloafers. w~ cannot help but recall the old
adage "Do unto others as you would have them do unto you," In
response to your request, the following are the objections we
have voiced and continue to voice to racing on Old Loop Rd.
A. The racing 1S lnconslstent with our County Land Use
Plan.
B. The raCing endangers valued ecological assets
c. The rac~ng ~s a public nuisance that harms our
reglonal no~se quality.
D. The racing is an attractlve nuisance attracting
other forms of raclng and endangering the 9afety of our
children.
E. The EVSCC race is not In compliance with the Public
Assembly Ordinance.
A. LAND USE: The Monroe County Land Use Plan desiqnates this
area as "Nat.lve Area" whi.ch is aeflned as "vulnerable areas"
restricted to uses that do not disrupt the lonq-term
bloloqlcal 3tabil~ty of the ecosystems of the area.
S, ECOLOGY: Nest~ng B~rd9 were 1dentif~ed in previou9
objections durinq the month of Apri. It is common knowledge
that if a bird leaves the nest for only an hour the egos can
fry. The all day, continuous, noise aSSures the birdS will
leave the nest and a new Qeneration wlll be destroyed. The
EVSCC moved ~ts Apr~l race to February. We have consulted
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w~th National Audu~pn and they have advised uS that the
following birds are nesting in the area in February~ Early
Prair~e Warblers, Eagles, Osprey, White Heron and Redish
Egret. The Silver R~cg Rat has also been 1dentif~ed in this
area. This animal is extremely sensitive to loud noise as
well.
C. PUBLIC NUISANCE & NOISE POLLUTION: At the heart of
nuisance law lies the tenet that private conduct and private
property rights are qualified by the duty not to inflict harm
on others. The public nuisance doctrine has served as a
means of addressing new hazards, such as noise pollution.
Ho~eowner9 on the bay side of Sugar loaf Shores must close
their windows and doors on race day, or leave their homes to
escape the incessant engine noise. The prevailing wind comes
from the east and because Loop Rd. loops around the east side
of the bay the wlnd carries the sound of the engines across
the water and amplifies it as well. The harm prevention
function of publiC nuisance law has profoundly influenced the
development of environmental statutes. The issuance of a
permit to race cars on Old Loop Rd. is a public nuisance.
D. ATTRACTIVE NUISANCE: By issuing a permit to race in this
"remote" area which is closed by a gate to the public for all
the rest of the year, an implied "right" to race attracts
other racing enthusiasts who have broken down the barriers to
the road causing the County to visit the area several times a
year to repair the gate or barrier. Our ne~9hborhood faces
racing hot-rods. motorcycles and the like all during the year
in the Mangroves, on Loop Rd. and on Suqarloaf Blvd. which
poses a threat to the health and safety of our residents and
espeCially to our children.
E. PUBLIC ASSEMBLY ORDINANCE: ThiS ordlnance, now cla~med as
authorlty for issuing car racing permits, specifically states
that before granting a permit the Planning Director must
consider:
whether the noise or damage to the environment
will be caused by the public assembly.
if the public assembly will unreasonably interfere
w~th the quiet enjoyment of a residential community
if there is a likelihood of threat to public safety
that the terms of the permit Should not violate the
County's Land Use Plan.
In our judgement racing on Old Loop Rd. w~ll do all of the
above. In ~ddition the Ec~rie Vitesse Race Club is NOT A
PUBLIC ASSEMBLY. It is a PRtVATE ASSEMBLY of members and
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page 3 of 3
Quests beh~nd a gate guarded by a Sheriff to assure that no
members of the public get in, because it is unsafel
"
,"
For all these reasons, and for the fact that prevlous
applications and testimony have described the cars as
ordinary, inexpens~ve, older cars racing at slow speeds when
in fact, this is not true. In October, the Bay Bottom Crawl,
a popular race for at least the last 15 years consists of
scaled down versions of a Formula 1 rac~nq car purported this
yQar to reach 130 miles per hour on Old Loop Rd. We have been
informed that 7 Or 8 of those cars participated this year and
that 3 ran off the road. into that "vulnerable area" of
private property adjoining the County road. One car had to
be pulled out by tow-truck and the other two hand-pushed back
onto the road. We have pictures of burn remnants on the road
from previous years when the cars apparently caught fire.
We urge you to give thoughtful consideration to our
objections.
cc: Suqarloafer
File
you, 11
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President
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MEMORANDUM
TO:
Dent Pierce, Director
Public Wor~ Division
FROM:
Lisa Monsalvatge
Parks & Recreation Coordinator
DATE:
November 12, 1999
RE:
Procedures - Ecurie Sports Car Club Racing
As requested, following are the procedures followed regarding the Ecurie Sports Car Club
Racing:
Each year the Ecurie Sports Car Club completes the Request for Use of County Property & Hold
Harmless Agreement Forms and turns them into this office. After review, r forward them to
the County Administrator thru the Risk Manager for their review and/or approval.
During this time, the Ecurie Sports Car Club also coordinates with the Growth Management
Department to obtain an annual permit.
Once copy of permit is copied to this office and approval is granted by the County Administrator,
I send the Ecurie Sports Car Club an approval letter for each event as it approaches throughout
the year.
For your information, A Public Assembly Permit has been issued for the year of 2000, however,
Ecurie Sports Car Club has not turned in completed paperwork to this office for processing as of
this date.
The dates on the Public Assembly Permit for the year of 2000 are as follows:
Loop Road:
February 20, 2000 and October 7 & 8, 2000
Big Torch Road:
April 16, 2000 and November 26,2000
If I can be of further assistance, feel free to contact me at your convenience.
Cc: Carlos Zarate
C.\ W1NDOWS\Prolilcs\Monsalvatce-Lisa\l'crsonal\J'arks & Rec\E.CURl E-proccdurcs.doc
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