Ordinance 041-2003 q, I.
ORDINANCE NO. 041 2003
AN ORDINANCE AMENDING SECTION 9.5-262 MONROE COUNTY
CODE; PROVIDING FOR THE REMOVAL OF EXISTING
INCONSISTENCIES BETWEEN THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT
REGULATIONS WITH REGARD TO RESIDENTIAL DENSITY AND
DISTRICT OPEN SPACE; INCLUSION OF THE DENSITY BONUSES
FOR AFFORDABLE AND EMPLOYEE HOUSING PURSUANT TO
ORDINANCE 003-2002; 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.
WHEREAS, the Monroe County Board of County Commissioners recognizes the need
to remove existing inconsistencies between the Monroe County Year 2010 Comprehensive Plan
and the Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use densities
and district open spaces in Policy 101.4.21; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
Land Development Regulations were codified prior to the adoption of the year 2010
Comprehensive Plan and contain certain inconsistencies with regard to residential density and
district open space designations; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that
Monroe County is designated as an "Area of Critical State Concern" and as such is governed by
Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the
Florida Statutes; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
year 2010 Comprehensive Plan has been deemed to be consistent with Chapters 9J-5 and 9J-12
F.A.C. and Chapter 163 Florida Statutes by the State's Land Planning Agency, the Department of
Community Affairs (DCA); and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
amendment to Section 9.5-262 would remove the existing inconsistencies between the Land
Development Regulations and the Year 2010 Comprehensive Plan and incorporate the density
bonuses; now,therefore
J
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,that
Section 1. Section 9.5-262 of the Monroe County Land Development Regulations, is
hereby amended to read as follows (additions and deletions shown in underline and strikethrough
format):
Section 9.5-262. Maximum residential density and district open space
Land use Allocated Maximum net Open space
District density density ratio*
DU/acre DU/buildable area
Urban Commercial 6.0 12.0 0.2
Urban Residential 6.0 12.0 0.2
(Affordable housing) 6.0 25.0 0.2
(Employee housing) 6.0 25.0 0.2
Urban Residential
Mobile Home (URM) 1/lot 0 0.2
Mobile Home Parks
per 9.5-4(M-16) 5.0 7.0 0.2
URM-Limited 1/lot 0 0.2
Suburban Commercial 3.0 6.0 0.2
(Employee housing) 3.0 15.0 0.2
Suburban Residential 0.5 5.0 0.5
Suburban Residential LTD 0.5 3.0 0.5
Sparsely Settled 0.5 0 0.8
Native 0.25 0 *
Mainland Native 0.01 0 0.99
Offshore Island 0.1 0 0.95
Improved Subdivision 1/lot 0 0.2
Commercial Fishing' 3.0 12.0 0.2
Destination Resort 1.0 18.0 0.2
Industrial 1.0 2.0 0.2
Maritime Industry 1.0 2.0 0.2
Mixed Use 1.0 12.0 0.2
(Affordable housing) 1.0 18.0 0.2
(Employee housing) 1.0 18.0 0.2
Military Facility. 6.0 12.0 0.2
Park and Refuge 0.25 0 0.9
*See additional open space ratios in Division 8 of the article; in accordance with Section
9.5-3(a),the most restrictive of these ratios applies.
1 The allocated and maximum net densities listed in this table do not apply to CFSD-20
(Little Torch). See Section 9.5-247(s)(3) for residential densities. (Ord. No. 33-1986 § 9-
302; Ord. No. 26-1995 § 1)
NOTE: Properties consisting of hammocks, pinelands, and disturbed wetlands which are within
RV, MU, UC, SC, CFV, CFA, CFSD districts have a maximum net density of 0.
Section2 If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida,
but shall not become effective until a notice is issued by the Department of Community Affairs
or Administrative Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the
Florida Statutes.
Section 6. The Director of Growth Management is hereby directed to forward a copy of
this ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code
of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AT A REGULAR MEETING OF SAID BOARD HELD
ON THE 19 th DAY OF NOVEMBER ,2003.
Mayor Murray E.Nelson yes
Mayor Pro Tern David P. Rice yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent not present
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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ATTEST: DANNY L. KOLHAGE, CLERK
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DEPU Y CLERK
MOIV C N' ATTORR E°I
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ROBERT WOLFS
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Date 2 STA
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUN1Y COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 FAX (305) 295-3663 FAX (305) 852-7146
December 16, 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 7828
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 038-2003 amending Sec. 6-85(a) Monroe County Code, concerning the
term of office; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Ordinance No. 039-2003 authorizing a lump sum years of service award to certain eligible
volunteer firefighters whom each have provided at least ten (10) years of fire, rescue and
emergency medical services to the residents and visitors of Monroe County and whom each have
reached the age of sixty; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinance;
and providing an effective date.
Ordinance No. 040-2003 amending Chapter 5.5 Monroe County Code (Boats, Docks and
Waterways) to add the definition of a no anchor zone, Sec. 5.5-1, and modifY 5.5-108 to provide
for no anchor zones and to establish Varadero Beach as a no anchor zone, providing for
severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation
into the Monroe County Code, providing for an effective date.
Ordinance No. 041-2003 amending Section 9.5-262 Monroe County Code; providing for
the removal of existing inconsistencies between the Monroe County Year 2010 Comprehensive
Plan and the Land Development Regulations with regard to residential density and district open
space; inclusion of the density bonuses for affordable and employee housing pursuant to
Ordinance 003-2002; 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. 043-2003 repealing Section 9.5-111 through 118 of the Monroe County
Code and creating new Sections 9.5-111 through 118 of the Land Development Regulations and
create new Sec. 9.5-111 through 118 to provide clarification of the building permit process;
listing the required letters of coordination and the time frames for submittal and review of ROGO
and NROGO applications and the alternative process for the privatization of plan reviews and
building inspections; providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date.
These Ordinances were adopted by the Monroe County Board of County -Commissioners
at a Regular Meeting in formal session on November 19, 2003. Please file for record. 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 Commissioners
by CJ-~
Pamela . ancock, D.C.
cc: County Administrator w/o documents
Municipal Code-Res.Nos. 038-2003/039-2003/040-2003 under separate cover
Growth Management-Res.Nos.038-2003/040-2003/041_2003/043_2003
Fire Rescue-Res.No. 039-2003
County Attorney
BOCC
File ./
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· Complete items 1, 2, and 3. Also Complete A. Signature
item 4 if Restricted Delivery is desired. X
· Print your name and address on the reverse
so that We can return the card to you.
· Attach this card to the back of the mai/piece,
or on the front if space permits.
1, Article Addressed to: 0, Is delivery address different from item 1?
If YES, enter delivery address below:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins BUilding
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3, Service Type
DOfertified Mail D Express Mail
038/039/040/041/043 D Registered D Return Receipt for MerchandiSE
Ord. D Insured Maii DC.a.D,
4, Restricted Delivery? (Extra Fee) DYes
2. Article Number 7002 2030 0001 2bb8 7828
(Transfer from service label)
=- - -
PS Form 3811, August 2001 Domestic Return Receipt 102595_n~;'-... .....__
.
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH GLENDA E. HOOD
Governor Secretary of State
December 23, 2003
Honorable Danny L. Kolhage ""-:l
Clerk of the Circuit Court -" = -"
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Monroe County :r ,'P e.- 1"'1'1
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500 Whitehead Street ,.,,~-< :z:
Key West, Florida 33040 n' r- t ..."
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Attention: Isabel C. DeSantis, Deputy Clerk :<:-t2= fTI
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Dear Mr. Kolhage: ::r>- I f1 - :~J
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated December 16, 2003 and certified copies of Monroe
County Ordinance Nos. 038-2003 through 041-2003 and 043-2003, which were filed
in this office on December 19, 2003.
s~~
Liz Cloud
'Program Administrator
LC/mp
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.fl.us
E-Mail: DivElections@maiLdos.state.fl.us
DCA Final Order No.: DCA04-0R-047
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULA nONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 041-2003 '0<' .
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FINAL ORDER 5f2.~ : ; ~
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The Department of Community Affairs (the "Department") hereby issues itS:Eqal ~eri.2:'
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pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2003), approvin~:a IMd g.~l
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 December 30, 2003, the Department received for review Monroe County
Ordinance No. 041-2003 which was adopted by the Monroe County Board of County
Commissioners on November 19,2003 ("Ord. 041-2003"). The purpose ofOrd. 041-2003 is to
amend Section 9.5-262 of the Monroe County Land Development Regulations. Ord.041-2003
amends the Residential Density and District Open Space regulations to remove inconsistencies
between the Monroe County 2010 Comprehensive Plan and the Land Development Regulations.
The ordinance addresses residential density and district open space and the inclusion of density
bonuses for affordable and employee housing.
3. Ord. 041-2003 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. SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2003).
]
DCA Final Order No.: DCA04-0R-047
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. 9380.031(8), Fla. Stat. (2003). The
regulations adopted by Ord. 041-2003 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 9 380.0552(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. 041-2003 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.
G) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 041-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 041-2003 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 Order No.: DCA04-0R-047
DONE AND ORDERED in Tallahassee, Florida.
/. I
I
I '
f I.
I / /" VALERIE. BBARD, DIRECTOR
Division o~ ommunity Planning
Departme 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 MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MA Y 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 MA Y 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.: DCA04-0R-047
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 DA YS 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 BOULEV ARD, 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 correct copies have been furnished
to the persons listed below by the method indicated this bLdayof March 2004.
By U.S. Mail:
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA04-0R-047
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 Jetton, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5