Ordinance 046-1996FILED 0F"
-96 AUG 28 P 2 :25
ORDINANCE NO. 046-1996
AN ORDINANCE AMENDING SECTION 9.5-22(h)(2) OF THE
LAND DEVELOPMENT REGULATIONS TO DISCONTINUE REGULAR
SCHEDULING OF PLANNING COMMISSION MEETINGS IN THE LOW-
ER KEYS AREA.
WHEREAS, The current practice of holding regular Planning
Commission meetings in all three areas of the Keys is ineffi-
cient given the greater caseload demands of the middle and upper
Keys; and
WHEREAS, Pursuant to Section 9.5-511(d)(5)b.(v), Monroe
County Board of Commissioners may adopt changes to the Land De-
velopment Regulations based on new issues; and
WHEREAS, pursuant to Section 9.5-511(b) of the Land Devel-
opment Regulations, the Planning Commission proposed an amend-
ment to Section 9.5-22(h)(2) in which all Planning Commission
meetings would be held in the middle Keys area; and
WHEREAS, The Planning Staff prepared a text amendment ap-
plication pursuant to Section 9.5-511 et. seq.in which all regu-
lar Planning Commission meetings would be held in the middle
Keys area; and
WHEREAS, On April 18, 1996, after considering the recommen-
dation of the Planning Staff and concerns expressed by the pub-
lic, the Planning Commission passed a resolution directing staff
to modify the proposed text amendment such that regular meetings
would be held in the middle and upper Keys areas while providing
for the scheduling of special meetings in the lower Keys as nec-
essary; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Monroe County Code Section 9.5-22(h)(2) is hereby
amended to read as follows:
The--- -of --- meetings --- shall --- r-o-t-a-t-e --l-roar--Plantatien
Key/Kep-Large-te-MaratkeR-to-Key-West-areas.---The-fellewixg-kear-
iRgs - shall- be- -he-1-6 -at -the -site - which- 3s--c�lroee-st -to. -the-prepertp
invelvedc-fn3no-r--nd--maj-or-eeaditieaal--uses;- i l i�xg-€i-nal -de-
velepmext- plan- a pro�ra3;-�}ev�iati�xrs-f-rcii+-caandrti'rnal--use-apprev-
als; - plat- -approva-ls,--9-i-g7rr v-a-r-i-ant-es-,--appea1-e-€rem -determiRatiens
e€-the-plaxaiag-direeter-regarding-signs;-areas-e€-eritieal-eexa-
tp- eonee-rn; --appea-l-s- -€rem- determinations- -of- _&dmi7nistrat ive - of f i -
eials;-variances;-and--and ot-he-r- i-t-eirt7-wIA-c4--thee-eemmissien -in -its
di Beret iea; - decides- oho}rl-d- -bf-- -heard -at -a- spec-Lftc- --i-t-e-.- - -Fri -the
event - -a- - prepesed- -area - of--orrtroal - lc-o-un-t-y-eeReern - w-i-1-1- -of €eet
varieas -properties ; - a-pc�r-t i�r� -o€-wkie€i- are- t—& -ore -hear-
iag- site- -and- -a par--ti<�-n -o€-whieh- are- -closes-t- to- -ar c -t-her-,- -then -at
least - exe- 414 - hea-rang- s-h-a33.- -be- -at- -each- -&rte -before -any- eem-
missiex- r io r -may - be- -made-.- - - I-f -a - ma-tter- i-s- -postponed
due - to- -a - lack- of -quorum,- - the- -ch-a-iris- -o€ - the--oo�i-s-&j-an - sha} l
eent iRue - the - meeting- as- -a- speoia-l- t i-ng t-c, be-Y�e1-d. -at -t ie - same
area -within 4-74 - wf>r-k-ing- ��-ot-x,*it�t-a-n&i-n - -array -language -to -the
eeatrarp- -rrt - seetion- -9 .-5-3 {b�,- - -Mc�rrroe- Eo�taty- -C-oche - -t-he- -hearing
shall- he--res-c-hedumled -te - tie- -neix-t--eommrsS1en -meeting- -to- -be -held
at- -the--site--c-lit- -te- -property- in o-lve�.--- The- -seeretary
shall- noti -all-members--o-f--tdie-d�-e- -of - the- -oon-ti-r�-meeting
and- -alse ---rh3-trf--y - -a-1-1- - Pa-r-t i-es-. The regularly scheduled
bi-monthly) meetings shall rotate between the middle Keys and
unner KAVR Ti, _�_.-_ -_,__ , , .
uses variances and administrative appeals, �shall be heldatthe
regularly scheduled meeting closest to the subject property.
The Planning Commission may, in its discretion schedule special
meetings in the lower Keys sub -area as required by the demand
for such meetings. In cases where an item ispostponed due to
the lack of a uorum of the Planning Commission the item shall
be continued to a sloecial meeting to be held in the same sub -ar-
ea within seven (7) working days In cases where an item is
postponed for any other reason the item shall be continued to
the next regularly scheduled meeting closest to the subject prop-
erty. Items which are not related to specific properties such
as but not limited to text amendments to this chapter and compre-
hensive plan amendments may be heard in either the middle or
upper Kevs locations or the Planning Commission may in its
discretion schedule such items for the most appropriate area or
for additional meetin s in each sub -area includina the lower
Keys.
Section 2. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said
conflict.
Section 4. The provisions of this ordinance shall be included
and incorporated in the Code of Ordinances of the County of Mon-
roe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. The provision of this ordinance shall take effect
when acknowledgement of its receipt for filing in the Office of
the Secretary of State of the State of Florida has been received
and when it has been approved by the State Land Planning Agency
pursuant to F.S. 380.0552(9).
PASSED AND
Monroe County,
on the _1_3day
ADOPTED by the Board of County Commissioners of
Florida, at a regular meeting of the Board held
ofAt,gjL%p , A.D. , 1996
Mayor Freeman yes
Mayor Pro Tem London yes
Commissioner Douglas yes
Commissioner Harvey yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/ IRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
DEPUTY CLERK
BRANCH OFFICB
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
Alannp
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
August 30, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
. Enclosed please find a certified copy of Ordinance No. 046-1996, amending
Section 9.5-22(h)(2) of the Land Development Regulations to discontinue regular
scheduling of Planning Commission Meetings in the Lower Keys Area.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on August 13, 1996. Please file
for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
CrNfiu.G/'
Deputy Clerk
cc: Municipal Code Corporation
County Commissioners
County Administrator
County Attorney
Growth Management Director
File
Z 259 910 198
Receipt for
Certified Mail
No Insurance Coverage Provided
�S::D STATES Do not use for International Mail
(See Reverse)
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Return Receipt Showing to Whom,
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TOTAL Postage
& Fees
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D11 ISIONS OF FLORIDA DEPARTMENT OF STATE
Ol lw l the Sern•larc
Division of Admim,tratioc Srniccs
Dici.ion of Cogx" l 11,
Division W Cultural Allairs
1)" 1"on W P.Iccnon.
Di, i.iun of Ilislorical Resources
Di, i,ion of Lihrarc and Inlorntation Srniccs
Division of Licensine
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
September 4, 1996
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillshorough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated August 30, 1996, and certified copy of Monroe County Ordinance No. 96-46,
which was filed in this office on September 4, 1996.
Sincerely,
11
Q_Q_C,-"k
Liz Cloud, hief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7868 • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail. dos. s tatefl. us
MUNICifiL CODE COPPORATION
Customer 5ef ices
PO Box 2235
Tallahassee, FI 32316-2235
Supplement 61 09'05 96
we have recei'ed the follhving material.
Thank you fot MIr 3SEistance and cooperation.
OldinvIce MD. rW1�9F
i-900-262-CODE (National) DAB
ASK US ABOUT IMAGING AND INDEXING YOUR DOCUMENTS
Visit our homepage at nttp:i/wvw.municode.com
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MUNICIPAL CODE CORPORATION
Customer Sp+,ices
PO Box 2235
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Supplement 61 0?12019F
We hav- recei,ed the folly)+,w) material<
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Duplicate of ordin+nce no. 04E-1996.
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�L <
SEP 10'96 m 0
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UU.867224
TO:
M_, Rntn A. ]ant -en
lepltt�, Clerk
I tiptoe CO!Int4
P9 ;Of 1980
Key West. F?. 33(+40
Pti s j
HK
v S • U. PO TA G
a SEP24'96 rr) a
Z 0
p
f0:
M5. Muth ti. .I3n'd .'elf
Dep!Jt Clerk
Monroe cwlnt�
rfl Bo" 1980
Ye" 14e=t, F1 3Mfl
OUNTYof MONROE 9&2V
KEY WEST FLORIDA 33040 TIM
Growth Management Division
2798 Overseas Highway 4
Suite 400 }
Marathon, FL 33050-2227
Ms. Kay Tinsley
Supplement Department
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
September 3, 1996
Re: Monroe County Ordinance No. 046-1996
Dear Kay:
This letter will confirm our telephone conversation today
regarding Monroe County Ordinance No. 046-1996, amending Sec-
tion 9.5-22(h)(2) of the Land Development Regulations to dis-
continue regular scheduling of Planning Commission Meetings
in the Lower Keys area.
Codification of this ordinance is subject to approval by
DCA, which is pending (see attached). Please hold this ordi-
nance until DCA has ruled on its approval or rejection.
Thank you for your assistance. If you have any further
questions, do not hesitate to contact me at (305)289-2517.
Sincerely,
P
Is bel Reid
Senior Staff Assistant
/ir Growth Management Division
Attachments
cc: County Commissioners
James Roberts, County Administrator
James Hendrick, County Attorney
Robert Herman, Growth Management Director
Timothy McGarry, Planning Director
Isabel DeSantis, Deputy Clerk
OUNWof MONROE
KEY WEST FLORIDA 33040
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James Murley, Secretary
State of Florida
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
September 3, 1996
Re: Monroe County Ordinance No. 046-1996
Dear Secretary Murley:
Enclosed for your review is a certified copy of Ordinance
No. 046-1996, amending Section 9.5-22(h)(2) of the Land Devel-
opment Regulations, to discontinue regular scheduling of Plan-
ning Commission Meetings in the Lower Keys area.
This ordinance was adopted by the Monroe County Board of
County Commissioners at their regular meeting on August 13,
1996.
If you have any questions, please do not hesitate to con-
tact me at (305)289-2517 (SUNCOM 494-2517).
Sincerely,
4abel Reid
Senior Staff Assistant
/ir
Growth Management Division
Attachment
CC: Charles Pattison, DCA (Certified)
Mike McDaniel, DCA (Certified)
Ty Symroski, DCA (Certified)
Robert Herman, Director of Growth Management
Timothy McGarry, Director of Planning
Antonia Gerli, Development Review Coordinator
Gail Moro, Planning Commission Coordinator
FILED FOR. KEC
i
y6 p628 P2
Cl K i.
rtoNRC-, ('I 11NY.
ORDINANCE NO. 046-1996
AN ORDINANCE AMENDING SECTION
LAND DEVELOPMENT REGULATIONS TO
SCHEDULING OF PLANNING COMMISSION
ER KEYS AREA. N
n
4
9.5-22 (h) (2) I OF THE
DISCONTINUE; REGULAR
MEETINGS IN THE LOW -
WHEREAS, The current practice of holding regular Planning
Commission meetings in•all three areas of the Keys is ineffi-
cient given the greater caseload demands of the middl
Keys; and e and upper
WHEREAS, Pursuant to Section 9.5-511(d)(5)b.(v), Monroe
County Board of Commissioners may adopt changes to the Land De-
velopment Regulations based on new issues; and
WHEREAS, pursuant to Section 9.5-511(b) of the Land Devel-
opment Regulations, the Planning Commission proposed an amend-
ment to Section 9.5-22(h)(2) in which all Planning Commission
meetings would be heldiin the middle Keys area; and
i
WHEREAS, The Planning Staff prepared a,text iamendment ap-
plication pursuant to Section 9.5-511 et. seq.in rich all regu-
lar Planning Commission meetings would be held iin the middle
Keys area; and
i
WHEREAS, On April 18, 1996, after considering' the recommen-
dation of the Planning Staff and concerns expressed by the pub-
lic, the Planning Commission passed a resolution directing staff
to modify the proposed text amendment such that regular meetings
would be held in the middle and upper Keys areas while providing
for the scheduling of -special meetings in the lower Keys as nec-
essary; and
NOW EFORE, BEAT
SIONERS OF MONROE COUNTY,
i
i
ORDAINED BY THE BOARD OF
FLORIDA, that:
Section 1. Monroe County Code Section 9.5-22(h)
amended to read as follows: i
COUNTY COMMIS-
(2) is hereby
The - - -beat fort - - -of- - - meetings- --shiall - - -rout-e_ - - firm- - - Plaatat }ea
Key/Rey-barge-te-Marathien-to-Key-West-areas.---The-following-hiear-
ings- shall- be- -he-1-6 -,&t -the -site- Which- Is- -a-1-oeest -to -the -property
invelved--minor--and--major-eenditienal-nsee-?- -€rrtal-de-
velepment - plan- eporeve-1, - <it 4ati<xrs- -f-roc* nor ftfor ab -use - approv-
als T - plat- app-rova3s-, - -ei jTj- nc,�ee.; -appeal& -€ rem -determisat}ens
e€-thee-planning-direeter-regarding-signsT-areas-a€-�eritieal-eeum-
ty- concern-, - -appea-l& -€rem - determinations- -of--admrrttst-ratrve - of f i-
eialeT-variances?- and- atky-Ot>my- -irtreiw-Wtjch-tine-Gommfeeroa -in -its
diseret ien T - decides- iE}- -be- -heard -at - a- epecifte-!-e-irte-: - -Fri -the
event- e' - prepesed- area - off- -o�rt font -art -concern - �ri�-1- -a€€eel
warie>is-properties; - -post i -o€ -which- are--olioeeet -tma -ore -Dear-
ing- site- and-- Poltrom -o€ -which- are- 43.aeest- to,.,arot-hei-; -then -at
least -ene-d14-hearingeha33- be_ 41e-1-&et -ea h-sit-e-be€ore-any-eem-
missiem- -b x -may - be- -rude. - - 3#- -a - matter- 4& -postponed
due - to- -a - l ack- of- -quorum; - tie- -ch maxi- -of - t4ie--commie&irmv - skal l
eeatinue- the- meeting -es- e- epeO•irel- ineeti-ng -tom -fie -held -at, -the -same
area- within- -(a4 - ivork3eg- claye- 'lotrwi-0 19 trac ing -,airy-Ianguage -to - the
cent rary- -iM _section- -9 : 5-3 419}; - +RMWOe- - County- -Code - -tom -hearing
steal l - be- reeoshedttled -te - tie- -nemt-eommissior3 - Mee t1ng- t-o- -be -held
at-tom-site--c-kme$t-te-t4ve--preperty- i� o-l- e�-.-- T4x_-seeretary
sha.I l - enot-U- -all - members- -of- - the - elate- -o€ - the- -cant inued. -meet Sag
and- -also- -&hull - -nOt rf`t- -a-1-1- - .parties . The regularly -scheduled
(hi-mnnt}�1v1• seer-�.,.,.,. ,.L_� _ - --
_ I
Section 2. If any section, subsection, sent
provision of",this o inance is held invalid,
this ordinance shall ot.be affected by such inv
I
�e, clause or
remainder of
.dity.
Section 3. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said
conflict.
Section 4. The provisions of this ordinance shall be included
and incorporated in the Code of Ordinances of the County of Mon-
roe, Florida, as an addition or amendment theret , and shall be
appropriately renumbered to conform to the• uniform numbering
system of the Code.
Section 5. The provision of this ordinance sha 1 take effect
when acknowledgement of its receipt for filing i the .Office of
the Secretary"of State of the State of Florida ha been received
and. when it has been approved by the State Land lanning Agency
pursuant to F.S. 380.0552(9).
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held
on the ntgday ofAuW„ar , A.D.,. 1996
Mayor Freeman yes
I
Mayor Pro Tem London i yes -
Commissioner
Douglas-j yes
Commissioner Harvey yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,' FLORIDA
BY:
MAYOR IRMAN
(SEAL)
ATTEST: DANNY L. KOLHAPE.. CLERK
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on August 13, 1996 , the Monroe
County Board of County Commissioners will hold a Public Hearing
at the Kev Largo T-i hrary Tr=r7cca; nAc a],..--4 -,—
Florida, beginning at 5:01 p.m. to consider the following item.
AN ORDINANCE AMENDING SECTION 9.5-22 (h) (2) OF THE
LAND DEVELOPMENT REGULATIONS TO DISCONTINUE REGULAR
SCHEDULING OF PLANNING COMMISSION MEETINGS IN THE LOW-
ER KEYS AREA.
Further, pursuant to Section 286.0105, Florida Statutes, notice
is given that if a person decides to appeal any decision made by
the commission with respect to any matter considered at such
hearing or meeting, one will need a record of the proceedings,
and that, for such purpose that person will need to ensure that
a verbatim record of the proceedings is made; such record
includes the testimony and evidence upon which the appeal is to
be based.
Copies of the above referenced Ordinance are available for
review at the various public libraries in Monroe County, Florida
Dated this 19th day of July , 1996.
Robert L. Herman
Director of Growth Management
Monroe County, Florida
page 1
NOTICE.18/TXTIREID,071996
3
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rn
CD
CD
71
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LEGAL AD:
To be published one time only:
The Key West Citizen
(proof of ad requested)
The Keynoter
The Reporter
July 24, 1996
July 24, 1996
July 25, 1996
Monroe County Planning Department, 2798 Overseas Hwy.,
410, Marathon, FL 33050-2227 (Isabel Reid - 289-2500)
NOTICE.18/TXTIREID,071996
page 2
Suite
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 9.5-22(h)(2) OF THE
LAND DEVELOPMENT REGULATIONS TO DISCONTINUE REGULAR
SCHEDULING OF PLANNING COMMISSION MEETINGS IN THE LOW-
ER KEYS AREA.
WHEREAS, The current practice of holding regular Planning
Commission meetings in all three areas of the Keys is ineffi-
cient given the greater caseload demands of the middle and upper
Keys; and
WHEREAS, Pursuant to Section 9.5-511(d)(5)b.(v), Monroe
County Board of Commissioners may adopt changes to the Land De-
velopment Regulations based on new issues; and
WHEREAS, pursuant to Section 9.5-511(b) of the Land Devel-
opment Regulations, the Planning Commission proposed an amend-
ment to Section 9.5-22(h)(2) in which all Planning Commission
meetings would be held in the middle Keys area; and
WHEREAS, The Planning Staff prepared a text amendment ap-
plication pursuant to Section 9.5-511 et. seq.in which all regu-
lar Planning Commission meetings would be held in the middle
Keys area; and
WHEREAS, On April 18, 1996, after considering the recommen-
dation of the Planning Staff and concerns expressed by the pub-
lic, the Planning Commission passed a resolution directing staff
to modify the proposed text amendment such that regular meetings
would be held in the middle and upper Keys areas while providing
for the scheduling of special meetings in the lower Keys as nec-
essary; and
3
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o
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Monroe County Code Section 9.5-22(h)(2) is hereby
amended to read as follows:
The--- -o-f--- meetings --- shall --- rc�t-at�--f-roan---PIantatien
Key/Key-Large-te-Marathex-te-Key-West-areas.---'the-fellewing-hear-
iags-sha-.l-bt- lcl-at -the -site- which- 3s-�l-osest--t-o -the -property
iavelved-- minor- -a &-majar-eenditiexal-ruses,- -€i-nal--de-
veleprneat-plan--agprov-a-1,- -f-ram-eandrtirenalr-Use-apprev -
als;-pIat-approva-ls,--s-i-grr- v�r-is�e�,--appears-€rem -deterrnixatiexs
e€-the-planaiag-direeter-regarding-signs;-areas-e€-eritieal-eeuR-
ty-concern; --appea-l-& -€ram - determinations- �rf--adminiatrat rye - of f i-
eials;-variances;- and- -a-ny-ot4rer- i-t-eft i--t-he-eommission-ie-its
diseretiea; - decides- sshourld- be- -heard -at - a- speeitie- �i-tom.- - -Fri -the
event - --a- - prepesed- -area - of- -erit rear - lcou- ty"-eoneern - i1-1- - a€ €eet
varieus - properties , - -a- for--t tors -o€-whieh- are- Alt lse== to, -ore - hear -
iag- site- -aiid- -a- -poxt ior- -af-whieh- are- e3osest- -tor-art<3,ther-,- -then -at
least -exe-{33-hearing-s-ha3-3-4>,-- -mot -ea---h-site-be€ore -any -eem-
missien- � iorr -stay - be- -mac - - - I-f -a - matter- -i-&-pestpexed
due- t4 -a - laek- -o-f--querum;- - the- -c-hadr rr -e€ - -the- -shall
eeat inue - the- meeting- as- -a- -speo-i-a-1- ineet i-ng to, be -held -at -the - safxe
area- within- 4-74 - wf>r-k3.iig- 4ays- -not-„ Arhst-andi-nt -aay -language -te -the
e eat rary - -rrt -section- - 9 .. 5 - 3 4b � ,- - +c>rrr-oe- - Eeunty- -Code - tgre- -hearing
shall- be--r-esc4iedu-1ed -te - the- -�x-t -eemmissien -meeting- to- be -held
at- tire--site-�1-ooe=t-te--t4-1,_-property- igrvo-l-.-ecl.--- T41,e-seeretary
shall-Tzoti --all-members--of--the-mate--o€-the--conti-gyred--meeting
and- -also --sY�all - �ro-trf--� -1-1- -parties-. The regularly scheduled
(bi-monthly) meetings shall rotate between the middle Keys and
upper Keys sub -areas. All items which relate to specific Proper-
ties, such as but not limited to minor and major conditional
uses variances and administrative apneals, shall be held at the
regularly scheduled meeting closest to the subject property.
The Planning Commission may, in its discretion schedule special
meetings in the lower Keys sub -area as required by the demand
for such meetings. In cases where an item is postponed due to
the lack of a cruorum.of the Planning Commission the item shall
be continued to _a special meeting to be held in the same sub ar
ea within seven (7) working days In cases where an item is
Postponed for any other reason the item shall be continued to
the next recrularlv scheduled meeting closest to the subject prop-
erty. Items which are not related to specific properties such
as but not limited to text amendments to this chaipter and com re-
hensive plan amendments may be heard in either the middle or
upper Keys locations or the Planning Commission may, in its
discretion schedule such items for the most anipropriate area or
for additional meetings in each sub -area including the lower
Keys.
Section 2. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said
conflict.
Section 4. The provisions of this ordinance shall be included
and incorporated in the Code of Ordinances of the County of Mon-
roe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. The provision of this ordinance shall take effect
when acknowledgement of its receipt for filing in the Office of
the Secretary of State of the State of Florida has been received
and when it has been approved by the State Land Planning Agency
pursuant to F.S. 380.0552(9).
PASSED AND
Monroe County,
on the day
by
at
ADOPTED
Florida,
of ,
the Board of County Commissioners of
a regular meeting of the Board held
A.D., 19
Mayor Freeman
Mayor Pro Tem London
Commissioner Douglas
Commissioner Harvey
Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
DEPUTY CLERK
r- —
�<- C
BOARD OF COUNTY COMMISSION
OUNTYof MONROE
KEY WEST FLORIDA 33040
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
James Murley, Secretary
State of Florida
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
.T= MAYOR, Shirley Freeman, District 3
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
J�[QPe -3�jL
February 27, 1997
Re: Monroe County Ordinance No. 046-1996
Dear Secretary Murley:
On September 3, 1996 (approximately six months ago), I mailed
a certified copy of Ordinance No. 046-1996, amending Section
9.5-22(h)(2) of the Land Development Regulations, (to discon-
tinue regular scheduling of Planning Commission Meetings in
the Lower Keys area) to your office for review by the Depart-
ment.
As of this date, I have not received any notice of a ruling
on this ordinance. Would you be so kind as to inform me of
the status of the review?
I appreciate your assistance on this matter. If you have any
questions, please do not hesitate to contact me at
(305)289-2517 (SUNCOM 494-2517).
Sincerely,
Isabel Reid
Senior Staff Assistant
Growth Management Division
/ir
Attachments
CC: , obert Herman, Director of Growth Management
Timothy McGarry, Director of Planning
Antonia Gerli, Development Review Coordinator
Gail Moro, Planning Commission Coordinator
. C
OUNTYof MONROE
KEY WEST FLORIDA 33040
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050'-2227
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James Murley, Secretary
State of Florida
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
BOARD OF COUNT4COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tem. Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
September 3, 1996
Re: Monroe County Ordinance No. 046-1996
Dear Secretary Murley:
Enclosed for your review is a certified copy of Ordinance
No. 046-1996, amending Section 9.5-22(h)(2) of the Land Devel-
opment Regulations, to discontinue regular scheduling of Plan-
ning Commission Meetings in the Lower Keys area.
This ordinance was adopted by the Monroe County Board of
County Commissioners at their regular meeting on August 13,
1996.
If you have any questions, please do not hesitate to con-
tact me at (305)289-2517 (SUNCOM 494-2517).
Sincerely,
I abel Reid
Senior Staff Assistant
/ir Growth Management Division
Attachment
CC: Charles Pattison, DCA (Certified)
Mike McDaniel, DCA (Certified)
Ty Symroski, DCA (Certified)
Robert Herman, Director of Growth Management
Timothy McGarry, Director of Planning
Antonia Gerli, Development Review Coordinator
Gail Moro, Planning Commission Coordinator
fwl
�
r-- --- BOARD OF COUNTY COMMISSIONERS
OUNTYof MONROE
KEY WEST FLORIDA 33040 Flom
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
Ms. Kay Tinsley
Supplement Department
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
^�= MAYOR, Keith Douglass, District 4
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
April 14, 1997
Re: Monroe County Ordinance No. 046-1996
Dear Kay:
I am writing to follow up my letter of September 3, 1996
regarding Monroe County Ordinance No. 046-1996, amending Sec-
tion 9.5-22(h)(2) of the Land Development Regulations to dis-
continue regular scheduling of Planning Commission Meetings
in the Lower Keys area.
I have finally received a reply from the Department of
Community Affairs regarding this ordinance, which apparently
does not require approval through rulemaking (copy of letter
from Kenneth Metcalf attached). Therefore, the ordinance can
now be officially incorporated into the Monroe County Code.
Thank you for your assistance. If you have any further
questions, do not hesitate to contact me at (305)289-2517.
Sincerely,
Isabel Reid
Senior Staff Assistant
Growth Management Division
Attachment
cc: County Commissioners
James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Robert L. Herman, Growth Management Director
Timothy J. McGarry, Director of Planning
Isabel DeSantis, Deputy Clerk
f[F-71, I Ll
MAR 31 1997
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES
Governor
March 27, 1997
Ms. Isabel Reid
Senior Staff Assistant
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Fl 33050-2227
Dear Ms. Reid:
JAMES F. MURLEY
Secretary
The Department received your letter, dated February 27, 1997, regarding the status of the
Department's rulemaking for Ordinance 046-1996. I apologize for not previously informing you
of our decision regarding the ordinance. The Department determined that the ordinance does not
constitute a "land development regulation" as that term is defined by Florida Statutes.
Accordingly, the Department concludes that approval through rulemaking is not required in
order for the ordinance to become effective. However, we would ask that the County continue
to send the Department all adopted ordinances that amend Chapter 9.5, Monroe County Land
Development Regulations, so that we can make a jurisdictional determination. We will be sure
to advise you if we elect not to assert jurisdiction on similar types of ordinances.
If you have any questions or concerns regarding our finding, please contact me at (904)
487-4545. Thank you for your attention to this matter.
Sincerely,
Kenneth Metcalf
Community Program Administrator
2 5 5 5 S H U M A R D OAK BOULEVARD • T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 00
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE P.O. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin
Marathon, Florida 33050-2227 Miami, Florida 33159-4022 Bartow, Florida 33830-4641