Item K07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2001
Division: BaCC
Bulk Item: Yes
No XX
Department: Comm. Nora Williams
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"
AGENDA ITEM WORDING:
Discussion of two items and approval of a resolution:
Two items for discussion:
I) 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 REVELANT BOCC ACTION:
Town meeting in January of2001 at SugarloafSchool where these issues were raised.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOT AL COST: 0
BUDGETED: Yes
No XX
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
nMbl -' I )i~)'n~~
(TYPE NAME HERE)
DOCUMENTATION:
Included XX To Follow_ Not Required_
AGENDA ITEM #J:.Kl
DISPOSITION:
Revised 2/27/0]
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MEIJI0RANDUM
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('Oll1miSSlOI1Cr WiJllams
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FROM.
James L. lZoberts
County ^dministrator
D^TE.
Jal1uary 2(>. 2001
SUBJECT:
Response to your Request
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You reqllcsh:d a document showmg 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 95-521 of the Land Development Regulations Second is
part of Ordinance #019-1993 that amended that Code. Please note that there are indications by
GroVv1h Management of the appropriate provisions.
If you have any further questions, please let us know.
~..~~
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--- -
.lames L. Roberts
County Administrator
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cc: Board of County Commissioners
Jim Hendrick
Tim McGarry
0.J/25/01 10:03 FU 305ZIl9Z854
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Prior to approval of Ordinance 19- 1993
LAND DEVELOPMENT REGULATIONS
~~
\ 9 5.521
ARTICLE Xll. APPEALS FROM ADMINISTRATIVE
ACTIONS
Sec. 9.5"';21. Appeals.
tal Au.thoriry. The planninp, commis6ion shall have the author-
ity to hear Bnd decide appeals from any decision, determinalron
or interpretation by any administrativo official with respect to
the provisinnll of this chapter and the standards Hnd procedures
hereinafter set forth. except that the board of county commia
610neni shall hear and decide appeals from administrative ac.
tions regarding the f1nodplain management provisions of thifl
chapter.
(b) [ntlICItiolt-. An appeal may he initiated by an owner. appli.
cant. adjacent property owner. any aggTleved or adversely af-
fected person. as defined by section 163.3215(2), Florida Statutes,
or any resident or real property owner from any order. decision,
determination or interpretation hy any admmistr-ative official
with respect to the provisions of thiS chapter.
(e) Procedures: A notice of appeal in the form prescribed by the
director of planning mU6t bit !iled with the county administrator
and with the office or department rend~ring the decision, deter-
mmatlOn or interpretation within twenty (20) working days of
the decision Such notice sball be accompanied by the names
llnd addresses of the owner, applicant, property owner, and adja-
cent pr-operty owners. The filing of such notice of AP~81 will
require the administrlltive official whose decision is appealed to
forward to the commission or board within five (5) working days
any and al\ records concerning the subject matter of the appeal
and to !lend written notice of the appeallo the owner, applicant.
proper-ty owner, and adjacent property owner6, if different from
the person filing the appeal, within five (5) working days of
r-eceipt of the notice of appeaL Failure to file such appeal shall
coo"tilute a waiver of Bny rights under this chapter to appeal any
interpretation or determination made by an administrative official.
(d) Effect of Filtng an Appeal' '['he filing of a notice of appeal
shall stay any pruceedings In furtherance of the actIOn appealed
from unless the administrative official rendering such deciSIOn,
S"pp. No 33
800.367
QI/25/UI JO:OJ ~'X J0528q2~54
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MONROE COUNTY conI,;
rl~termination or interpretation cerlifi~R In writmg to the com.
misstol"1 or the hosrd snd tbe applicant that a lItay poses an
imminent p~rJl to life aT property, in which case thl' appeal shall
not !llay further proceedings. 'Nle commi_~sion OT board may re
view liuch certification nnd want or deny 8 stay of thp. pror..eedings
(e) Action of chI' comnllssion or board: The planmng commi&-
slOn or boaTd of county commis8ioners shall con&ider the appeal
at its nr'd scheduled meeting following reu-ipt of all recorda
concerning the f>ubject matt",. of tht> appeal. Any perl<on entitled
to initiate an appelll may have an opportunity to address the
commissioD or b08.Tda at that meeting and argument shall be
rl"stricted to the record below except that a party appealing an
admmistrative decision, det..rmination or interpretation &hall be
entitled to pre5ent evidence and create a r~ord beforA the plan.
ning commission; any appeals before the county rommi8lJlon shall
be based upon and restricted to the record
(0 Appeal to Board o( County Commisliwners: An appeal ini.
tiAlly made to the planning commission from any decision, de-
termination or interpretation made by an administrative official
shall next be applicable to the board of county commissioners.
The notice of such appeal shaH be in a form prescnhed by the
planning director and must be filed In the office or 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 rommi86ion to forward to the board of
countytommis6ioners any and all records before the planning
commission whether considered by the commission in rendering
its decision or me~lyproITered, concerning the subject matter of
the appeal. Fai.1ure to file an appeal with the board of county
commissioners shall constitute a wa~ver of any right.!l under this
chapter to further appeal the decision made hy the planning
commission concerning the decision, determination or interpre
tation of the administrative official_ (Ord. No. 33-1986, ~ 14.101;
Ord. No. 40-1987, ~ 189)
Annotatioll-The inl~nt oC amendment 189. amendin,l 6ubse<:tions (e). (rl and
(I), "'at; to ""wide written nntice of an appeal III alltbese involved in Ihe ori~nal
dOOC\&10n of the requnted 8p~O".1.
Supp No 33
800 368
0.1 i 2 5 ( 0 I
10:03 fAX 3052892854
(;IWIITII .\lGlI"I
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~" rn F nr:: ~r"ry~n Mayor London
ORDINANCE NO. o;~ -1 ~~:3-1 !: )_.
AN ORDINANCE AMENDING SECTION 9.5 - 21, MONROE COUNTY
CODE, U. ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN ChSES 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 MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTtON 9.5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDlTIONAL 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; AMENDING
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 COnE, 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 r 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 HEREWITH; PROVIDING fOR INCORPORATION INTO
THE MONROE COUNTY CODE: AND PROVIDING AN EFFECTIVE DATE
{(tj 04
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OJ 125/Ul 10; 0.1 FA.\ 3052892854
GROWTH "lGMT
L-
County Code. mAy reques t an appea 1 of the planning
commission's de~ision under the hearing officer app~l-
late article of these regulations by filing the notice
required by that article within thirty (30) days after
the da~e of the written decision of the planning
COl1lIliission.
Section 13.
Sec. 9.5-409(b)(S), Monroe County Code, is
hereby amended to read as follows:
(5) Any person having an interest in the sign or
the 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
County 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
reques t an appea 1 hear ing 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
COl1lIliission.
~ Section 15. Sec. 9.5-521(d). (e) and (0. Monroe County
Code, are hereby amended to read as follows:
13
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(d) F.ffpct of Filin& an Appeal: The filing of 8
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
wrlLing 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 8tay
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 restricted 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 reB~ricted 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
~06
p. I
/FAX
I Date
2/1/01
~,
I Number of paqes includinq cover sheet 19
TO:
COMMISSIONER WilLIAMS
FROM:
The Office of
James L. Roberts
Monroe County Administrator
5100 College Road
Room 212, Wing II, PSB
Key West, FI. 33040
Phone
Fax Phone
I CC:
Phone
Fax#
305-292-4441
305-292-4544
REMARKS:
o Urgent
o For your review 0 Reply ASAP
o Please Comment
ATTACHED IS INFO. YOU REQUESTED ON THE SPORTS CAR CLUBfLOOP ROAD.
DEBBIE
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MEMORANDUM
TO:
Nora Williams
County Commissioner
/
FROM:
Dent Pierce, Director
Public Works Division
DATE:
February 22, 2000
RE:
Ecurie Vitesse Sports Car Club
~~~~~~~~~~~~~~~~~yy~~~~~~~~~~~~~~~y~~>yyy>~y~
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 utiliz;ing Loop Road, Sugarloaf Key.
Should you have any questions, please feel free to contact me.
CDP/bpl
cc: James L. Roberts
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CECV<R.JfE VI1ttSSCE SPCYR/rs CJl<R. CLVQ3
"fE,VSCC"
. 9/21/95 - BOCC granted a three-year approval to the EVSCC to use
Loop Road, Sugarloaf Key, and Big Torch Road for auto cross events.
. 2/21/96 - Jim Hendrick addressed the BOCC to clarify action 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 BOCe, then the EVSCC will be handled
administratively.
. 5/22/96 - BOCC 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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7
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 DEVELOPMENT 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;
agencies;
3. Sufficient notification to all emergency rescue
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 daYi
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MEMORANDUM
DATE:
February 2;6, 1996
TO:
Jim Hendrick
Caun1y Attorney
fROM:
Dent Pierce. Director
Public Works Division
RE:
Ecurie Vitesse sports Car Club
At their February 21, 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 permil that was originaly approved on 9-21-95.
Thank you for your assistance.
COP/bpi
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Commissioner Wilhelmina Horvey
ORDINANCE NO.OJO -1996
AN ORDINANCE ESfA8USHING A PERMIT PROCEDURE FOR PUBLIC ASSEMBLIES;
PROVIDING FOR DEfIN\:rlONS: REQUIRING THAT NO PERSON MAY HOLD A PUBIC
ASSEMBLY WITHOUT A PERMIT; PROVIDINC FOR A PERMIT APPLlCAflON PROCEDURE
AND fEE: PROVIDING FOR THE GRANT OF A PUBLIC ASSEMBLY PERMIT BY THE PLANNING
DIRECTOR 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 THArCONDUCT AT A
PUBUC ASSEMBLY 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
ASSEMBLY PERMIT OR APPLICATION IS THE FINAL ADMINISTRATIVE ACTION OF MONROE
COUNTY; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING THAT THIS ORDINANCE IS
EFFECTIVE IN THE UNINCORPORATED AREAS OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING rOR 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 COMMISSrONERS OF MONROE COUNTY. FLORIDA:
Secfion 1.
Definitions:
a) Flea marke/means a market. out of doors or primarily out of doors. wh~~ new or used
items are sold from individual locations. with each locati6n being operated indepe~enlly froID the_
other locations. Items sold typically include. but are not limited to. antiques. consu~er floods?\Jsed,.::::?
goods~ (are items. decoraiions. used books and used magozines. '. U". ..' ~ f r..,...,
f:::: CJ
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b) Permit means a written statement issued by the Planning Direclor'authori~g the:;
holding of a pUblic assembly under stated conditions. ~
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. ~) Person means on individual. corporation. business trust. estate. tr:ust. part';rshiP?gr
05soclahon. or any other legal entity. -.. ::0
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d) Planning Direc/or 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
withoul an admjss~Qn .charge. when the anticipated daily attendance is expecled to exceed m
r om a ~ay and which occurs on ore than one day per calendar month0ncluding flea markets.
but excluding: --
(iJ evenls or functions, put on by any government agency including athletic
events on at.hletic fields; or
(ii) camping activities conducted by charitable organizations devoted to serving
young people.
f) Public place means:
(i) a place with respect to which the state. County or federal government
~~rmaUy has authority to control or prohibit use by the general public: or.
(II) a place with respect 10 which a private person permits use by the general
public.
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Sec4ion 2..
Public Assembly Permit Required.
No person may hold a public c;Jssembly unless a permit has first been obtained from the
Planning Director.
Section 3
6QQlication for 0 Puhlic: Assembly Permit.
a) An application for a permit to hold a public assembly must be tiled with the Planning
Director at least 9 days before Ihe day on which the public assembly is to be held. However. if the
public assembly is to be held within 9 days afler a specific and unanticipated evenl or
announcement of public importance and in response to it. Ihe application may be filed within 24
hours atter the event or announcement and at least 36 hours before the public assembly is to be
held. The Planning Director may also receive and act on an application even fhough the
application was no! filed in lime if necessary 10 preserve Ihe First Amendment rights of an applicanl.
bJ The application for a permit to hold a public msembly must be in writing and signed
by an individual authorized 10 oct for Ihe person sponsoring the public assembly. The application
must state:
(i)
Ihe date(s) and hours the public assembly is to be'held:
I
I
Iii) the nome. residence address. and telephone number of Ihe appficant, Ihe
principal officers of the applicant. Ihe individual making Ihe application. and any
other individual authorized 10 represent the applicant in applying for the permit;
(iii) fhe designated place where the assembly is to be held:
(iv) the doters) when the public assembly is to be held and the anticipaled daily
hours of operation:
(v) that the requested use by the applicant of the designated place has been
granted by the person or government having Ihe authority 10 grant the use of that
place (in 'he case of County-owned properly, the grant of the permit is permission to
use Ihe place);
(vi) the estimated number of persons expected to participate in or attend the
public assembly;
(vii) Ihe general nature of the pUblic assembly and the arrangements mode 10
prolect the public health and safety during Ihe conduct of the public assembly.
inclut:ling arrangements with respect 10 traffic direction and control. crowd control
and sanitalion facilities:
(viii) any additional informalion the applicant wishes to furnish.
c) Upon the receipt of an application for a permit to hold a public assembly, Ihe
Planning Director must note Ihe time of tiling on Ihe application.
d) Al 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 Caunly Health Department must meet with the Planning Director 10 negotiate
mutually satisfactory conditions under which the public assembly may be held to avoid substantial
2
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harm to the public health or safety and to minimize or to avoid substanlial harm la, or impairment of
1he nO'rmal use of. a public place or to avoid substanlial harm to the environment.
e) The Planning Director must:
.:.,..-
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(i) issue the public assembly permit on the terms requested:
(ii] issue the permit subiect to conditions; or
(iii) deny the permit.
fhe Planning Director must give the applicant immediate' notice in writing of his action 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 at the public assembly. the
Planning Director fails to issue a permii or a written denial 4 days before 1he scheduled dale at the
public assembly. or. in the case of a permit applied for 8 days or less before the date of the public
assembly. the Planning Director fails to issue a permit or a denial 24 hours before the scheduled dale
of the public assembly.
Sec1ion 4.
Grant of 0 Permi!.
If there is not a reasonable likelihood that the public assembly will substantially harm 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.
Secllon 5..,
Criteria for ImposinG Conditions on the Permit.
If there is a reasonable likelihood that a public assembly will s'ubstantiallv 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 ta avoid
substantial harm to the public health 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 the daily hours and duration of the public
assembly; requiring the installation of temporary sanitation facilifies: requiring the provision of
emergency medical 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 10 its pre assembly condition; and requiring the applicant to designate individuals
in charg,e to facilitate dealing with any emergencies that may arise. ',t there is an admission charge
or if goods or services are sold :or donations solicited in exchange for goods or services. then the
3
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Planning Djrcclor may require the person holding the public assembly to reimburse the County for
the cost of any additional law enforcement officers. emergency medical personnel. and firefighters:
to restore lhe public assembl'fbcalion to its preassembly condition. and to furnish a bond. in 0 form
satisfac!ory to the County Allorney. 10 insure reimbursement and restoralion,~ In determining whefher
10 granl u permit only upon compliance with conditions. the Planning Director must consider
whether:
0) 0 permit has been granted to others to hold a public assembly af the same time in the
same or nearby location;
bJ public sanitation facilities am adequate;
c) noise. litfer. the pollution of water or air. or damage to the environment. will be
caused by the public assembly;
d)
traffic generated by the public assembly will arfect normaltrarfic movement:
e)
the time and place are suitable in view of the number of persons expec!ed fa attend;
f)
assembly;
food. waler. and emergency medical and fire servi{::es are accessible to the public
g)
1emporary struc!ures such as tents or stages are anticipated;
h) there is sufficient time to permit Jaw enforcement. fire and emergency medical officers
to make the necessary arrangements to avoid substantial harm to the public health and safety;
i) the public assembly will substantially impair fhe 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;
k} there is an allernote availabl~ location that will reasonably serve the objectives of the
public assembly if the requested localion willlikefy result in substanlial harm 10 the public health or
safety or environment or will couse substantial harm to. or impairment of the normal use of. a public
place;
IJ there is 0 special relationship between ihe subject of the public assembly and the
location that makes it reasonable 10 impose extraordinary burdens on the individuals residing or
present in Qearby areas; and
m} the irl!position of conditions will materially interfere with the reasonable and lawtul
objectives ot the public assembly.
Section 6.
Denial of 0 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. tKen the Planning Director must deny the permit application and
immediately inform the applicant in writing stating the reasons for denial.
Section 7.
Noise Permit - AlcQholic Beveraoes.
If the public assembly will require 0 noise permit or variance under Chap. 13. Art. 3. Monroe
County Code (Noise Control). then the applicant must obtain a noise permit or variance under the
procedures set forth in that Article. A public assembly permif does not authorize. waive. or exempt 0
violation of Chap. 13. Art. 3 . Monroe County Code. A public assembly permit also does not
constitute an authorization or permit tor the sole ot alcoholic beverages. If the applicant wbhes 10
applicable provisions of the Monroe County Code.
sell alcoholic beverages at the public assembly. he must obtain a permit for such sales through the
,
Section 8.
Modification of Permit Terms and Revacation of a Permit.
0) If there is a material change in the circumstances of the public assembly after a
permif is granted. the applicant must immediately inform fhe Planning Director of the change.
bJ By agreement with the applicant. the Planning Director may at any time amend the
terms of the permit to impose additional or different conditions. On the basis of material change in
the circumstances, as either reported by the applicant or determined by the Planning Director after
investigation. that present a reasonable likelihood that fhe pubfic assembly will substantially harm the
public heallh or safety or the environment. or will substantially impair the normal use of a public
place not covered by the permit, fhe Planning Director may impose additional or different
conditions to the extent authorized by Sec. 5. If the applicont and the Planning Director cannot
ogree on the additional or modified conditions. the Planning Direcfor may unilaterally amend the
permit but such amendment is not effective 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 Director.
is such that there is.Q reasonable likelihood that the public assembly will:substantiaJly harm the public
health or safety or the environment and thot the harm cannot be avoided by the imposilion of
additional or different conditions as authorized by Sec. 5. then the Planning Director must revoke the
permit and immediately inform the applicant in writing of the revocation and the reasons for it.
Secrion 9.
Plonninq Director's Qecision is final Administrative Action.
denial. modification or revocation, of a public assemply permit conslitute the final administrative
All decisions made by the Planning Director regarding the issuaQce. issuance with conditions.
f
aelion of Monroe County. Prompt judicial review is as provided by the Lows of Florida.
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Section 10" . Conduct under a Permit not a Violafion of Other County Ordinances.
Except as provided in Sec. 7. all acliom 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.
S~ctjon 11.
Violations.
Persons who knowingly cause, authorize or permit a public assembly without a permit or
knowingly cause. aulhorize or permit a public assembly to take place not in conformity with an
issued permit. are in violation ot this ordinance. Violations may be prosecuted in the same manner
as misdemeanors are prosecuted. The violations may be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $500 or by imprisonment in the County jail not to exceed
60 days or by borh such fine and imprisonment. Violations of Ihis ordinance may also be prosecuted
through the issuance of citations as authorized by Sec. 125.69(2). Fla. SIal.. and Chap. 76-435, laws of
Florida. or through proceedings initiated before the County Code Enforcement Special Master.
Nothing in this seclion 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 cour! of
competenl jurisdiction when authorized by the laws of the State of Florida.
Section 12.
~ffective Area.
This ordinance is effective in the unincorporated areas of Monroe County.
~n13.
Severabilitv.
If any section. subsection. sentence. clause or provision of this Ordinance is held invalid. the
remainder of this Ordinance shall nol be affected by such invalidity
Section 14.
Repeal of Ordinances in Conflict Herewith.
the extent of said conflict.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to
j
i
Section 1 ~
Inclusion in the Monroe County Code.
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.The provisions of this Ordinance shall be included an~ inqorporated in the Code of
Ordinance~ of the County of Monroe. Florida. as an addition to amendment thereto. and shall be
appropriately renumbered to Conform 10 the uniform numbering system of lhe Code.
kclion~
1J.Lective Dale.
This Ordinance shall lake effect immediately upon receipl of official nofice from the Office of
Ihe Secretary of Slale of the Slate of Florida that this Ordinance has been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regulor meeting of said Board held on the 22nd day of May
,1996.
Mayor. Shirley Freeman
Mayor Pro Tem Jack london
Commissioner Wilhelmina Harvey
Commissioner Keith Douglas
Commissioner Mary Kay Reich
yes
yes
no
yes
no
(SEAL) DANNY L. KOLHAGE, 0Iem
ATTEST: .
BY~.dJt/!;:;i~~
Effective Date
BOARD Of COUNTY COMMISSIONERS
OF MON~~C~Ur'j;Y. FLO~
By cJ~iJJ~
. Mayor/~airman
iordassembly
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CO~~Of~2~~E
Ms. June GIrard, President
Sugarloaf Shores Property Owners Association
P.o. Box 35
SugarJoaf Shores, FL 33044
RE: EVSCC Races
Dear Ms. Girard:
6OAAO OF COUNlY COMMISSIONERS
MAVOR. Shirley l'tHlNn. Diwict 3
Mayor Pro Tern. JlICk london. Oistricl 2
Wilhelmina ......-vey. Ois!tlct I
M8IV Kay Reich. Oi$lricl5
Keirn OOUglaa. Ditllncl4
Monroe County
Planning Department
Suite 410
2798 Overseas Hwy.
Marathon, FL 33050-2227
March 31, 1997
I sincerely apologize for not directly communicating with you, but my
decision on granting the public assembly permit for the above races has not
changed; however, in all fairness to your organization, I am providing the
following written responses to your undated letter received by this office in
NOllember 1996:"
Consistency with Land Use PlaO. The scheduled racing events occur
over four days during the year on Loop Road and have fewer than 80
participants. ThQtefore, I see no evidence to persuade me that such limited and
temporary 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-of-way, and do not require County building pennits
or development approval.
Ecological AssJ!ts. 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 represent a significant threat to the bird
populations in the Loop Road area and may even proVide a benefit to the
ecology of the Loop Road area if conduded properly.
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Ms. June Girard
March 31,1997
Page 2
.:....
"
The EVSCC race officials rescheQuled 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 pennitted and coordinated removal of exotic vegetation
as recommended by the Florida Game and Fresh Water Fish Commission
(GFC). In the 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 Racing 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 pennit
would cause environmental damage, a public nui6ance, 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 information become available that
warrants reconsideration of my decision, I will do so.
cc: Mr. James Roberts, County Administrator
Mr. Robert L. Herman, Director of Growth Management
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Sugarloaf Shores Property Owners Associatior
P.O. Box 35 · Sugarloof Shores, FL 33044
.:- ~
Monroe County Director of Planning
Timothy J. McGarry
2798 Overseas H~ghway Suite 400
Marathon. Flor~da 33050
RECEIVED
NOV 0 7 '~~6
BY
Me PlArw DirT.
cp;.
Dear Mr. McGarry,
Recently ~n the Key West Cit~zen. an article appeared
titled "Keys Officials Worry About Plan for Missile Tests."
In the article the statement was made "The irony of
launching.. .mlss~les...over the Gulf from sites that the
state and federal governments have deSignated as
"environmentally cn.tical" has not been lost on County
offic~als," Well. the irony of permi.ttJ.ng car races On sites
that the County has designated in its land use development
rules and land use plan as environmentally critical has not
been lost on Sugarloafers. We cannot help but recall the old
adage "Do unto others as you ,",ould 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 ~s J.ncons1stent with our County Land Use
Plan.
B. The raCing endangers valued ecological assets
C. The raC1ng ~s a public nuisance that harms our
reglonal nOJ.se quality.
D. The racing is an attractive nuisance attracting
other forms of raCing and endangering the safety of our
children.
E. The EVSCC race is not in compllance wlth the PUbllc
Assembly Ordinance.
A. LAND USE: The Monroe County Land Use Plan desiqnates this
area as "Natl.ve Area" whi.ch i.s defined as "vulnerable areas"
restricted to uses that do not disrupt the long-term
biolog~cal 9tabil~ty of the ecosystems of the area.
B. ECOLOGY: Nest~ng Birds were identified in previous
objections durinq the month of Apri. It 1s common knowledge
that if 4 bird leaves the nest for only an hour the eggs can
fry. The all day, continuous, noise assures the birdS ,",ill
leave the nest and a new qeneration will be destroyed. The
EVSCC moved its Aprll race to February, We have consulted
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with National Audu~9n 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~ce Rat has also been ~dentified 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.
Homeowners on the bay side of Sugarloaf 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 th~s
"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 borrier. Our neighborhood 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 ord1nance. now cla~med as
authority for issuinq car racinq 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. w111 do all of the
abOVQ. In addition the Ecurie Vitesse Race Club 1S NOT A
PUBLIC ASSEMBLY. It is a PRrVATE ASSEMBLY of members and
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guests beh~nd a gate guarded by a Sher1ff to assure that no
members of the public get ~n, because it 1s unsafel
For all these reasons, and for the fact that prevlous
applications and testimony have described the cdrs 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
year to reach 130 miles per hour on Old Loop Rd. We have been
informed that 7 Or B of those cars participated this year and
that 3 rdn 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. ~
~/
President
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MEMORANDUM
TO;
Dent Pierce, Director
Public Work)$ 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, I 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 approva/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 Zal'Cte
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