Ordinance 031-2003 ORDINANCE NO.031-2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 9.5-252(C)(3)h.
(AICUZ) AND CREATING SECTION 9.5-258 THAT SPECIFIES RESTRICTIONS
ON PRIVATE PROPERTY ADJACENT TO THE NAVAL AIR STATION, BOCA
CHICA; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 15, 1977, the Department of the Navy approved the Air
Installations Compatible Use Zones (AICUZ) Plan for the Naval Air Station, Key West,
Florida; and
WHEREAS, on July 5, 1989,the BOCC adopted Ordinance 019-1989 adding the
Naval AICUZ requirements to the Monroe County Land Development Regulations; and
WHEREAS,the proposed amendment is primarily administrative, moving the
AICUZ from the airport section to the overlay section of the LDR's; and
WHEREAS, in reviewing the original ordinance it was discovered that the text of
the amendment contained errors and did not accurately reflect the matrix (Exhibit B); and
WHEREAS,the original ordinance, with the errors, was adopted in 1989 and;
WHEREAS,the errors have been corrected in the proposed new text; and
WHEREAS,this proposed amendment was reviewed and approved at a regular
meeting of the Monroe County Development Review Committee on January 13, 2003;
and
WHEREAS, during a regular meeting held on April 9, 2003 the Monroe County
Planning Commission conducted a public hearing on the proposed text, reviewed the
recommendations of staff,received testimony from the Navy Department; and
WHEREAS, the Planning Commission after reviewing the staff report voted to
recommend the amendment to Sec. 9.5-4 (A-5) to the Board of County Commissioners;
and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes outlined above; and
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WHEREAS,the Board of County Commissioners finds that the proposed changes
are consistent with Section 9.5-511(e) Typographical or Drafting Errors; and
WHEREAS, the Board of County Commissioners find that the proposed changes
are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, on May 21,2003, the first of two required Board of County
Commissioners public hearings was held; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be adopted;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT:
Section 1. Section 9.5-252 Airport District (AD), Monroe County Code, is hereby
amended as follows:
Sec. 9.5-252. Airport District(AD)
(a) These districts provide classifications of property for existing or future
airports and regulate uses within the boundaries of public and private airports,
and uses around, adjacent, and in the approach zones of public and private
airports in order to:
Sec. 9.5-252.(c)(3)
Section 2. the following Section is hereby added:
Sec. 9.5-258. AICUZ OVERLAY
(a) This district provides classifications of property for existing or future military
airports and regulates uses around, adjacent, and in the approach zones of military
airports in order to:
(1) Establish the control of obstructions and construction of structures affecting
navigable airspace in accordance with criteria delineated in volume XI,part
77 in federal aviation regulations, Florida Department of Transportation
regulations, and this section; and
(2) Protect military airports against encroachment, to implement appropriate
noise abatement strategies, and to regulate development and reduce public
exposure of community activities, which are not compatible with military
airport operations.
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a. Restrictions for military airports: Privately owned property
adjacent to the Naval Air Station, Boca Chica, also known as NAS
Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as figure A or as updated by the U.S.
Navy. This map was prepared in conjunction with the United
States Navy's Air Installation Compatible Use Zone Study
(AICUZ). A true copy of figure A is attached hereto and made a
part of this subsection.
1. The land use objectives set forth in figure A and the
accompanying land use objectives matrix set forth in figure B
were determined by evaluating the airport operations at NAS
Key West,.in terms of composite noise rating (CNR) zones
and accident potential zones (APZ). A copy of figure B is
attached hereto and made a part of this subsection.
2. The land use objective shown in figure A and figure B shall be
used in determining the allowable land uses for the various
AICUZ. Each land use category was evaluated in terms of
compatibility for each land use in terms of density of
population, density of structures, explosion hazards, air
pollution height obstructions, accident potential zones, and
composite noise rating zones. The evaluation resulted in
ratings of:
i. No new development; and
ii. Restricted new development; and
iii. No restrictions.
3. Land use categories were rated as "restricted new development"
if any activity or activities within the category were classified
as incompatible. The various AICUZ are coded as follows:
i. A: Accident potential zone A (APZ-A), the most
critical accident potential zone; and
ii. B3: Accident potential zone B (APZ-B), the area
which has an identifiable accident potential but less
than APZ-A, high noise impact, CNR zone 3; and
iii. B2: Accident potential zone B (APZ-B) the area has
an identifiable accident potential but less than APZ-
A, moderate noise impact, CNR zone 2; and
iv. C3: Accident potential zone C (APZ-C), the area
which is less critical than APZ-B but still may
possess potential for accidents; high noise impact,
CNR zone 3; and
v. C2: Accident potential zone C, moderate noise
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impact, CNR zone 2; and
vi. Cl: Accident potential zone C, low noise impact,
CNR zone 1; and
vii. 3: No accident potential zone; high noise impact,
CNR zone 3; and
viii. 2: No accident potential zone, moderate noise
impact, CNR zone 2.
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid,the remainder shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
(This page has been intentionally left blank)
Page 4 of 5
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of July , A.D., 2003.
Mayor Dixie Spehar yes
Mayor Pro Tern Murray Nelson yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner David Rice yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
te/dis; )22 L ILL aa4.)
BY
Mayor Dixie Spehar
(SEAL)
, /(:::
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ATTEST: DANNY KOHLAGE, CLERK r<" - CD
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DEP TY CLERK
MONROE COUNTY ATTORNEY
P
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CMIE SaIS oyN VORNEY
Date
Page 5 of 5
H:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc
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;; �`A. FORESTS. WILDLIFE HABITATS
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ<(305)852-7146
July 30, 2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8139
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 030-2003 amending Section 9.5-4(A-5), (M-6.2) and (M-1O), Section
9.5-122(c) and Section 9.5-266 (a), (b), (c), (d), (e), (f), (g), (h), (i), G) and (k) Monroe County
Code; providing for a revised definition of Affordable Housing; providing for an adjustable
maximum sales price for Affordable Housing; to amend applicant eligibility requirements;
providing for linkage of Affordable Housing Projects; providing for an Affordable Housing Trust
Fund; providing for Community Housing Development Organizations; providing for lnterlocal
Affordable Housing Rate of Growth Allocation Agreements; providing for severability; providing
for repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of
Ordinances when effective; and providing for an effective date.
Ordinance No. 031-2003 approving a request of the Monroe County Planning Department
to amend the Monroe County Land Development Regulations by amending Section
9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258 that specifies restrictions on private
property adjacent to the Naval Air Station, Boca Chica; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on July 15, 2003. Please file for record.
t
Ordinance Nos. 030 & 031-2003
July 30, 2003
Should you have any questions please feel free to contact me at(305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co 'ssioners
by: 6,
Pamela G. Hancock, D.C.
U.S, Postal ServiceTM
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SENDER: COMPLETE THIS SECTION 0MPLETE THIS SECTION ON DELIVERY
• Complete items 1,2, and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X -❑Addressee
So that we can return the card to you. NAM , i �. IV:7
• Attach this card to the back of the mail piece, B. Received b e , t .44:0. ,ry
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or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399 3. Service Type
(Ord. 030 & 031-2003) )614ertified Mail 0 Express Mail
0 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfr fio sjr ic2 iabet) :' '' ' ; ° '7 fl 0�2 •2 030 110 f]h 2l 6 8 813 F
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
August 6, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 30, 2003 and certified copies of Monroe County
Ordinance Nos. 030 and 031-2003, which were filed in this office on August 1,2003.
sm~~
Liz Cloud
Program Administrator
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BUREAU OF ADMINISTRATIVE CODE. DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.tl.us
E-Mail: DivElections@mail.dos.state.jl.us
DCA Final Order No.: DCA03-OR-259
STATE OF FLORIDA .�
DEPARTMENT OF COMMUNITY AFFAIRS c� ==
> cn rf
z.7 r4'r
In re: MONROE COUNTY LAND DEVELOPMENT n -° -n
REGULATIONS ADOPTED BY o`• r `fi'
MONROE COUNTY ORDINANCE NO. 031-2003 c' - 7
ra
FINAL ORDER
The Department of Community Affairs (the "Department")hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11),Fla. Stat., and § 380.0552(9),Fla. Stat. (2002), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On August 07, 2003,. the Department received for review Monroe County Ordinance
No. 031-2003 which was adopted by the Monroe County Board of County Commissioners on
July 15, 2003 ("Ord. 031-2003"). The purpose of Ord. 031-2003 is primarily administrative,
moving the Air Installation Compatibility Use Zones (AICUZ)regulations from the Airport
section of the Monroe County Land Development Regulations (LDRs)to the Overlay section of
the LDRs.
3. Ord. 031-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. §§ 380.05(6) and (11),Fla. Stat., and § 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552,Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
I I
DCA Final Omer No.:DCA03-OR-259
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2002). The
regulations adopted by Ord. 031-2003 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development(the
"Principles") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 031-2003 promotes and furthers the following Principles:
(a)To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public investments,
including:
4. Key West Naval Air Station and other military facilities;
9. Ord. 031-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 031-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
2
DCA Final °flier. No.: DCA03-OR-259
DONE AND ORDERED in Tallahassee, Florida.
•
•
C RL AUTHIER, TING DIRECTOR
D. ' ion of Community P ing
D artment of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA03-OR-259
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE,FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2),FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and orrect copies have been furnished
to the persons listed below by the method indicated this \k day of September 2003.
_Paula Ford, Agency Cl .
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA03-OR-259
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry,AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jettori, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel,DCA Tallahassee
•
•
5
Page 1 of2
Belle Desantis
From:
To:
Sent:
Subject:
<info@municode.com>
<idesantis@monroe-clerk.com>
Tuesday, November 18, 2003 8:22 AM
Acknowledgment of material received
~...com
Municipal Code Corporation
P.O, Box 2235
Tallahassee. FL 32316-2235
850-576-3171
Monroe County, FL Code of
Ordinances - 1979(11270)
Supplement 82
Recorded: 10/21/2003 11:26:23 AM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance 6/18/2003 Amending Sec. 9.5-268(Existing Residential
No. 026- Dwellings)to permit residential structures
2003 legally established before January 4, 1996
to be considered as legal residential
structures.
Ordinance 7/15/2003 Amending Land Development Regulations,
No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating
2003 Sec. 9.5-258, that specifies restrictions on
private property adjacent to the Naval Air
Station, BOCA CHICA.
Ordinance 7/15/2003 Amending Sections 9.5-4(A-5), (M-6.2) and
No. 030- (M-10), Sec. 9.5-122(c) and Sec. 9.5-266(a),
2003 (b), (c), (d), (e), (f), (g), (h), (i), U) and (k),
providing for a revised definition of
"Affordable Housing.
Ordinance 9/17/2003 Amending Sec. 6-56(19)Monroe County
No. 035- Code, by adding a subclassification 19A,
2003 establishing a landscaping curb contractor
category .
Ordinance 10/15/2003 Amending Sec. 9.5-309 and Sec. 9.5-367,
11/18/2003