Ordinance 042-2003
ORDINANCE NO. 042 -2003
AN ORDINANCE AMENDING DIVISION 9 OF THE MONROE
COUNTY CODE (PARKING AND LOADING STANDARDS) IN
ORDER TO MODIFY CERTAIN STANDARDS THAT ARE NO
LONGER APPROPRIATE AND TO REFORMAT THE SECTIONS
TO PROVIDE GREATER CLARITY AND EASE OF REFERENCE;
PROVIDING FOR THE SEVERIBILlTY; 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
WHEREAS, For a number of years, municipalities have found it necessary to
modify their parking and loading standards in order to accommodate changes resulting
from such factors as:
. the changing usage in automobile travel,
. new mixes of commercial activity,
. more modern truck delivery methods,
. the sub-tropical climate of communities encourages a proliferation of outdoor dining,
drinking, entertainment, and sales establishments; <yld
WHEREAS, Monroe County has exhibited all of these issues; and
WHEREAS, the present Division 9 provides lists of standards rather than easily
read tables; and
WHEREAS, the LDR's provide discrete numbers for handicapped vehicles even
though the numbers were established by the Florida Accessibility Code for Building
Construction; and
WHEREAS, the County has adopted the Code by reference as part of the
County's building code in Chapter 6, and there is no need to replicate those numbers in
this Division; and
WHEREAS, the Section Design of Spaces for the Handicapped is redundant and
should be eliminated from this Division; and
WHEREAS, due to the lack of available land for many uses, it is often not
possible to provide all of the required parking on the same lot as the principal use and It
has become necessary to provide better regulations for shared parking as well as off-site
parking; and
WHEREAS, the proposed text specifically addresses the following issues:
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. An increase in parking area aisle widths.
. A standard for parallel parking spaces.
. An increase in the parking requirements for commercial retail including the parking
demand generated by outdoor sales areas.
. A single set of parking requirements for all eating and drinking uses.
. A reduction in the parking requirements relating to marinas, commercial boating
activities, and live-aboard uses.
. Additional space requirements for parked trailers and towing vehicles while boats are
being used at boat ramps.
. A more flexible shared parking option.
. An increase in the size of loading and unloading spaces and a decrease in the
number of total spaces required for commercial and industrial uses; and
WHEREAS, Staff finds that there is a need to revise the parking regulations to
more accurately reflect the changing needs of businesses, the changing customer
preferences, and the limited space available for parking opportunities in the Keys; and
WHEREAS, Staff finds that the proposed change is consistent with Section 9.5-
511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for additional detail or
comprehensiveness; and
WHEREAS, this proposed amendment was reviewed at the Development
Review Committee public meeting of September 15, 2003.
WHEREAS, this proposed amendment was heard at regularly scheduled public
hearings of the planning commission on October 8, 2003 and on October 22, 2003; and
WHEREAS, the Monroe County Board of County Commissioners was presented
with the following evidence, which by reference is hereby incorporated as part of the
record of said hearing;
1. Staff report prepared on October 28, 2003 by Fred Gross, Island Planning Team
Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County; and
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. DIVISION 9. PARKING AND LOADING STANDARDS IS HEREBY
AMENDED AS FOLLOWS:
DIVISION 9. PARKING AND LOADING STANDARDS
Section 9.5-351. Purpose and intent.
The purpose and intent of this division is to provide adequate off-street parking
and loading areas to serve the majority of traffic generated by development. The
provision of parking and loading areas is to: avoid undue congestion on the
streets; protect the capacity of the road system to move traffic; minimize
unnecessary conflicts between vehicles, pedestrians, and bicyclists; facilitate the
use of transportation management systems; and avoid noise, glare, lights, and
visual impacts of parking and loading operations on adjacent properties.
Section 9.5-352. Required off-street parking.
(a) Generally: Every use shall be provided with off-street parking in accordance
with the standards contained in this division. Every parking space, both required
and unrequired, shall meet the minimum standards of this division.
J!U Dimensional Requirements of Parking Spaces and Aisles: Each parking
space shall have direct and unrestricted access to an aisle. Except as expressly
stated herein, each parking aisle and parking space shall meet the following
minimum standards:
Parking Space and Aisle Width Minimum Dimensional Requirements
Parking Pattern in One-Way Aisle Two-Way Aisle Parking Space Parking Space
Degrees Width Width Width Length
o (Parallel) 12 feet 24 feet 8.5 feet 25 feet
30 or 45 15 feet 24 feet 8.5 feet 18 feet
60 18 feet 24 feet 8.5 feet 1 8 feet
75 22 feet 24 feet 8.5 feet 18 feet
90 24 feet 24 feet 8,5 feet 18 feet
(c) Required Number of Off-Street Parking Spaces: The following is the number
of parking spaces to be provided for each use:
Specific Use Category Minimum Required Number of Spaces
Single Family dwelling units, including mobile 2.0 spaces per dwelling unit or mobile home
homes on individual lots
Multi-family dwelling units 1.5 spaces per dwelling unit
Mobile home parks 1 .0 space per pad
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Commercial retail except as otherwise 3.5 spaces per 1,000 sq. ft. of gross floor area
specified below (gfa) and 1.75 spaces per 1,000 sq. ft. of land
activity area (Iaa) for outdoor sales and display
Eating and drinking establishments 14.0 spaces per 1,000 sq. ft. of gfa and 7.0
spaces per 1,000 sq. ft. of laa
Convenience stores 4.0 spaces per 1,000 sq. ft of gfa
Commercial recreation (indoor) 5.0 spaces per 1,000 sq. ft. of gfa
Commercial recreation (outdoor) 5.0 spaces per 1,000 sq. ft. of laa
Theaters, conference, or activity centers 0.3 spaces per seat or seating capacity
Offices 3.0 spaces per 1,000 sq. ft. of gfa
Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of gfa
RV parks 1 .0 space per pad
Hotels/Destination resorts 1.0 space per room
Mini-warehouses, personal storage facilities 0.5 space per 1,000 sq. ft. of gfa
Industrial uses 2.0 spaces per 1,000 sq. ft. of gfa
Hospitals 1.8 spaces per bed
Churches 0.3 space per seat
Live-aboard 1.5 spaces per berth
Marinas and commercial fishing facilities 1.0 space per berth plus one space per four
(4) dry storage racks
Charter/Guide boat~, less than 6 (six) 2.0 spaces per berth
passengers capacity
Party and Charter/Guide boats, more than 5 0.3 space per passenger capacity of vessel
(five) passengers capacity
Boat ramps 6.0 spaces per ramp; all spaces shall be a
minimum of 14 feet by 55 feet, to
accommodate trailers and oversized vehicles.
(d) Category of Specific Use for Determination of the Number of Spaces; If a
specific use does not fall within one of the above categories in subsection (c),
then the parking space requirements shall be based on the most current edition
of the Institute of Transportation Engineer's Parking Generation Manual, or other
appropriate documentation approved by the Planning Director.
(e) Calculation of Number of Parking Spaces: In calculating the number of
parking spaces required under this division, the following special provisions
apply:
(1) When units or measurements determining the number of required parking
spaces result in the requirement of a fractional space, any fraction up to
and including one-half shall be disregarded and fractions over one-half
shall require one parking space.
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(2) In determining the amount of land activity area for outdoor uses, areas
used for parking and driveways shall not be counted.
(3) When two or more separate uses are on a site, the required parking for
the site is the sum of the total required parking for each of the individual
uses, except if the shared parking calculation option is used, as provided
for in subsection (i).
(f) Handicapped Parking Requirements: The number and design of handicapped
parking spaces shall be in accordance with the provisions of Chapter 6, which
incorporates by reference the Florida Accessibility Code for Building
Construction.
(g) Location of Required Parking: Required off-street parking spaces for single-
family and multi-family residential uses shall be located on the premises they are
intended to serve. Required off-street parking spaces for all other uses shall be
located on the same lot as the principal use they are intended to serve or upon
another lot in accordance the provisions of subsection (h).
(h) Off-Site Parking Requirements: The following requirements shall apply to off-
site parking facilities:
(1) The location of any off-site parking lot shall be within three hundred (300)
feet walking distance, as measured by the shortest route of effective
pedestrian access, of a public entrance to the structure of land area
containing the use for which the spaces are required;
(2) A parking agreement shall be required in accordance with Section 9.5-
353; and,
(3) Any off-site parking area located within a different land use district than
the principal use it is intended to serve shall meet the following provisions
in addition to requirements (1) and (2) above:
a. The off-site parking area and the use(s) it is intended to serve shall be
aggregated for purposes of development review and shall be approved
only as a minor or major conditional use.
b. The principal use intended to be served by the off-site parking area
shall be a permitted principal use within the zoning district in which the
off-site parking area is located.
(i) Shared Parking Option Requirements:
(1 ) Purpose: The purpose of the shared parking option is to permit a reduction
in the total number of parking spaces which would
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otherwise be required in instances where two or more uses on the same
lot or separate lots are to share the same parking spaces because their
peak parking demands do not occur at the same time. Shared parking is
an option to the method for calculation of required parking as provided for
in subsection (e)(3).
(2) Condition on Development Approval: If the shared parking option is used
to calculate the amount of required parking spaces, the approved
development permit shall have a condition that any change in the
occupancy or use of any the principal uses intended to be served by the
shared parking shall require development approval by the Planning
Director to ensure sufficient parking is available.
(3) Computation of shared parking requirements: Notwithstanding the provisions
of subsection (e)(4) for individual land uses, when any land or building is
used for two (2) or more distinguishable purposes as listed below, the
shared parking option may be used to determined the minimum amount of
parking required. Under the shared parking option , the minimum total
number of required parking spaces for said land or building shall be
determined by the following procedure:
a. multiply the minimum parking requirement for each individual
use as set forth in subsection (c) by the appropriate
percentage as set forth in the table below for each of the five
designated time periods.
b. add the resulting sums for each of the five (5) vertical
columns in the table.
c. the minimum parking requirement is the highest sum among
the five (5) columns resulting from the calculation In
subsection (b) above.
NIGHTTIME WEEKDA Y WEEKEND
Day Evening Day Evening
Midnight- 9:00 a,m.- 6:00 p.m.- 9:00a.m.- 6:00 p,m.-
6:00 a.m. 4:00 p.m. Midnight 4:00 p.m , Midnight
Specific Use.
Categories
Marinas 5% 70% 10% 100% 20%
Residential 100% 60% 90% 80% 90%
Office/
Industrial 5% 100% 10% 10% 5%
Churches 5% 25% 50% 100% 50%
Commercial
Retail 5% 60% 90% 100% 70%
Drinking and
Eating/
Entertainment!
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Recreation
(theaters,
bowling alleys,
meeting halls) 10% 40% 100% 80% 100%
Hotel 75% 75% 100% 75% 100%
All Others 100% 100% 100% 100% 100%
U) Wheel Stop Requirements: All impervious surface parking spaces shall be
clearly marked by striping or other markings acceptable to the planning director.
All pervious surface parking spaces shall have a wheel stop, bumper blocks or
similar barriers to designate each parking space.
(k) Bicycle Spaces: A bicycle rack for parking bicycles shall be provided by all
nonresidential development within two-hundred (200) feet of an existing or
programmed state or county bikeway. The minimum layout for a bicycle parking
area shall be a two (2) foot wide by six (6) foot long stall with a minimum aisle
width of five (5) feet. The bicycle parking area shall be located within fifty (50)
feet of a public entrance to the principal structure and shall not interfere with
pedestrian traffic.
Section 9.5-353. Parking agreements.
(a) Purpose: The purpose of parking agreements is to ensure the continued
availability of off-site parking facilities for the use(s) they are intended to serve.
(b) Requirements: All off-site parking facilities shall require a parking agreement.
(c) Form and Approvals: The parking agreement shall drawn to the satisfaction of
the County Attorney and Planning Director and executed by all parties, including
the County. The agreement shall provide the County with the right of
enforcement.
Section 9.5-354. Required number and size of off-streetJoading spaces.
(a) Number and Size of Required Spaces: Loading spaces shall be provided as
follows:
Minimum Required Number of
G.F.A. Loading and Unloading spaces
Specific Use Category (Sq. Ft.) 11 'x35' 11 'x 55
(1) Office uses 0-29,999 0 1
30,000-99,999 0 1
100,000 and over 1 1
(2) Commercial (excluding 0-9999 0 0
eating and drinking est.) 10,000-29,999 0 1
30,000-79,999 0 2
80,000 and over 1 2
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(3) Commercial eating and 0-4999 0 0
drinking establishments 5,000-19,999 0 1
20,000-39.999 0 2
40,000 and over 1 2
(4) Hotels and motels 0-49,999 0 0
50,000-99,999 0 1
100,000-199,999 0 2
200,000 and over 1 2
(5) Industrial 0-4,999 0 0
5,000-29,999 0 1
30,000-49,999 0 2
50,000 and over 1 2
(b) Location of Required Loading and Unloading Spaces: Loading spaces shall
be located entirely on the same lot as the principal use they serve. These
spaces shall not be located on any public right-of-way, or on any parking spaces
or parking aisle.
Section 9.5-355 Restriction on use of parking and loading spaces.
The display or storage of merchandise, materials or motor vehicles and/or repair
of motor vehicles or any kind of equipment is prohibited in all off-street parking
and loading spaces and aisles.
Section 2. 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. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the
Code.
Section 5. 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 6. 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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 19th day of November ,
A.D., 2003.
Mayor Murray E. Nelson yes
Mayor Pro T em David P. Rice yes
Commissioner Charles "Sonny" McCoy Y"H;
Commissioner George Neugent not present
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~);a >n ~
BY
.' -., 2-;: . Mayor/Chairman
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.';;:").j~~~}I'~'DANNY KOHLAGE, CLERK r.......:-:'
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MONROE COUNTY ATTORNEY
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CHIEF 1~~NT ~~l~~RNEY
Date /.
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Page 9 of 9
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS lllGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS lllGHWAY
MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAJ<(305) 289-1745 FAJ< (305) 295-3663 FAJ< (305) 852-7146
December 18, 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 26688252
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 042-2003 amending Division 9 of
the Monroe County Code (parking and Loading Standards) in order to modify certain standards
that are no longer appropriate and to reformat the Sections to provide greater clarity and ease of
reference; 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.
This Ordinance was 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 ofCouoty ~
by: G-~
Pamela G. ancock, D.C.
cc: County Administrator w/o document Growth Management
Municipal Code-under separate cover County Attorney
Public Works BOCC
File ,j
• . •
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SENDER: COMPLETE THIS SECTION COMPLETE 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. B. Received by(Printed Name atgptelivery
• Attach this card to the back of the mailpiece, [{� LUU
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or on the front if space permits. Ur..
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Mrs. Liz Cloud
Bureau of Administrative Code G CiE PENT d�
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The Collins Building DEPARTMENT e,oTA t
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107 W Gaines Street, Suite L43
Tallahassee FL 323199-0250 3. Service Type
(Ordinance No. 042-2003) )ertified Mail ❑ Express Mail
•❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2030 0001 2668 8252 •
(Transfer from service label)
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PS Form 3800,June 2002 See Reverse for Instructions
•
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARAlHON SUB COURlHOUSE MONROE COUNfY COURlHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAJ<(305) 289-1745 FAJ< (305) 295-3663 FAJ< (305) 852-7146
December 18, 2003
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Via Certified Mail 7002 2030 0001 26688269
Dear Ms. Jefferson,
Enclosed please find a certified copy of Ordinance No. 042-2003 amending
Division 9 of the Monroe County Code (parking and Loading Standards) in order to modify
certain standards that are no longer appropriate and to reformat the Sections to provide greater
clarity and ease of reference; 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.
This Ordinance was 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 CZ1Siooers
bY~...........e ~
mela G.lIancock, D.C.
cc: File
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Si ture �
item 4 if Restricted Delivery is desired. "Agent
s Print your name and address on the reverse / /.if./ ❑Addressee
so that we can return the card Ito you. ece,-d (Printed Na ,, c e very
■ Attach this card to the back ofIthe mailpiece, ` • ,I .� (%rt, l ,�
or on the front if space permits. 'I'_ IE_.
D. Is delivery add 11 different from it 1 IA-Ye-�ji
1. Article Addressed to: 1
If YES,enter d=�tery �'ss&I ' o 0'
Evelyn Jefferson •
Municipal Code Corporation BY:----------_______o__
PO Box 2235
Tallahassee FL 32316-2235 •
3. Service Type
(Ordinance No. 042-2003) jaRertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
• 2. Article Number
7002 ;20310€ 0001 266:8 8269
' (Transfer•.from service label)1 :,
I PSIR.orm 3811,August1200; 1; 11 ; pomestic Return Receipt 102595-02-M-1540'
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PS Form 3800,June 2002 See Reverse for Instructions
.
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH GLENDA E. HOOD
Governor Secretary of State
December 23,2003 .l g-"
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Honorable Danny L. Kolhage ::;;~-< :z: -n
Clerk of the Circuit Court g;...,r- in 0
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500 Whitehead Street ~~~ :x ri
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Key West, Florida 33040 ~ fr; '::::0
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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 December 18, 2003 and certified copy of Monroe County
Ordinance No. 042-2003, which was filed in this office on December 22, 2003.
Si~~
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.tl.us
E-Mail: DivElections@maiLdos.state.jl.us
..._._~,._~.~.~._-~~-
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Email Confirmation Page 1 of 2
~unl~.com Municipal Code Corporation
P,O, Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 83
Recorded: 12/31/200311:45:57 AM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 034-2003 8/20/2003 Amending Code by deleting Sec. 9.5-523, (Variance)
creating a New Sec. 9.5-523, Administrative Variances
Granted by the Planning Director.
Ordinance No. 038-2003 11/19/2003 Amending Sec. 6-85(a)concerning the Term of Office.
Ordinance No. 039-2003 11/19/2003 Authorizing A Lump Sum Years of Service Award to certain
eligible Volunteer Firefighters.
Ordinance No. 040-2003 11/19/2003 Amending Chap. 5.5, Boats, Docks and Waterways.
Ordinance No. 042-2003 11/19/2003 Amending Div. 9, Parking and Loading Standards.
Ordinance No. 045-2003 12/17/2003 Bond
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DCA Final Order No.: DCA04-0R-033
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 042-2003
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2003), 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 December 29, 2003, the Department received for review Monroe County
Ordinance No. 042-2003 which was adopted by the Monroe County Board of County
Commissioners on November 19,2003 ("Ord. 042-2003"). The purpose ofOrd. 042-2003 is to
amend Sections 9.5-351 through 9.5-355, Parking and Loading Standards of the Monroe County
Land Development Regulations. The amendments provide for updated off-site parking sharing
provisions and conform accessible parking standards to those in the Florida Building Code.
3. Ord. 042-2003 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. 99380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2003).
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.
]
DCA Final Order No.: DCA04-0R-033
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Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. 9380.031(8), Fla. Stat. (2003). The
regulations adopted by Ord. 042-2003 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. 042-2003 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.
9. Ord. 042-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 042-2003 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.
DONE AND ORDERED in Tallahassee, Florida.
, . f
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(/ iJlt/vUf- ~iA~[G( t/ '
V ALERlE ~UBBARD, DIRECTOR
Division o~ ommunity Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
2
DCA Final Order No.: DCA04-0R-033
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
ADMINISTRA TIVEPROCEEDING 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 MA Y 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 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.
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-
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DCA Final Order No.: DCA04-0R-033
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 MA Y 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 anc:l correct copies have been furnished
to the persons listed below by the method indicated this ~ay of February 2004.
~~
By U.S. Mail: ~au1a Ford, Agency Clerk
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
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
4
DCA Final Order No.: DCA04-0R-033
,
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
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