Ordinance 046-2003
ORDINANCE 046 -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST FILED BY THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND SECTION 9.5-124 OF THE
MONROE COUNTY CODE, (NROGO) BY ADDING A DEFINITION FOR "COVERED
WALKWAYS"; ADDING REGULATIONS FOR COVERED OUTDOOR NON-
RESIDENTIAL FLOOR AREA; PROmBITING NROGO EXEMPTIONS FOR NOT-
FOR-PROFIT DEVELOPMENT WITHIN AREAS PROPOSED FOR ACQUISITION BY
GOVERNMENTAL AGENCIES FOR THE PURPOSE OF RESOURCE PROTECTION;
MODIFYING IMP ACT FEES FOR NON-RESIDENTIAL FLOOR AREA; 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, the NROGO Ordinance adopted on September 19, 2001 required all
unenclosed but covered commercial space to be considered as commercial floor area; and
WHEREAS, covered walkways (protected walkways leading from one part of a property
to another) were permitted without being included in the commercial floor area calculations;
WHEREAS, some applicants began to define covered commercial areas as walkways
even though they were clearly proposed for outdoor commercial sales or outdoor dining; and
WHEREAS, It has therefore become necessary to define the limits of what may be
considered a covered walkway; and
WHEREAS, there are a vast number of covered outdoor commercial spaces in the Keys;
and
WHEREAS, the Planning Commission is concerned that it would be possible to enclose
those open spaces and transfer the existing area to another property free from the burden of
receiving the required NROGO allocation; and
WHEREAS, non-residential development by certain not-for-profit organizations is
exempt from the NROGO allocation system; and
WHEREAS, this amendment proposes that the exemption should not be applicable to
non-residential development within areas proposed for acquisition by governmental agencies for
the purpose of resource protection; and
WHEREAS, the change to the rates of the Employee Housing Fair Share Impact Fee
(Sec. 9.5-124.9) was approved previously by the BOCC but not included in the final draft and
this amendment will correct that error; and
WHEREAS, the Board of County Commissioners finds that there is a need to make the
changes in order to provide clear definitions, avoid confusion, and provide applicants with a
clearer understanding of the NROGO Ordinance; and
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WHEREAS, the Board of County Commissioners 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, the Board of County Commissioners finds that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this proposed amendment was reviewed at the Development Review
Committee public meeting of October 2, 2003; and
WHEREAS, this proposed amendment was reviewed at Planning Commission public
hearings on October 22, 2003, and November 5, 2003, and
WHEREAS, the Board of County Commissioners, at the public hearing of December 17,
2003 reviewed the following:
1. Staff report prepared on November 18, 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.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Sec. 9.5-124. Non-Residential rate of growth ordinance (NROGO)
(b) Definitions:
Covered walkways means a covered area of any length but no wider than five (5) feet
that is used for providing weather protected pedestrian access from one part of a property to
another part of the same property,
Section 2. Sec. 9.5-124.2. Type of development affected.
(d) Enclosing of any canopies or drive-throughs in existence on or before September
19, 2001, the date of the adoption of NROGO Ordinance NO. 032-2001, shall require an
NROGO allocation.
Section 3. Sec. 9.5-124.3 (a) Type of development not affected.
(4) Development activity for certain not-for-profit organizations: Non-residential
development activity by federally tax exempt not-for-profit educational, scientific,
religious, social, cultural and recreational organizations which predominately serve
the county's permanent population if approved by the Planning Commission after
review by the planning director. This not-for-profit exemption is not applicable to
non-residential development proposed within those areas proposed for acquisition
by governmental agencies for the purpose of resource protection. Non-residential
development approved under this section may not be changed to a for-profit use
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without permit approvals and a NROGO application for and receipt of a floor area
allocation.
Section 4. Sec. 9.5-124.9. Employee Housing Fair Share Impact Fee
(c) Establishment of Fee Schedule: An applicant for any new non-residential floor area,
identified in subsection (b) above, shall pay, prior to the issuance of a building permit, a fair
share employee housing fee as established by the following schedule:
Structures for non-residential uses of one (1) to 1,999 square feet
$1.00 per square foot
$2.00 per square foot
$3,00 per square foot
Structures for non-residential uses of 2,000 to 2,999 square feet*
Structures for non-residential uses of 3,000 square feet or greater*
*The fee is calculated on the total new or transferred non-residential floor area subject to f.
above.
Section 5. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 7. The ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 163 and 380, Florida Statutes.
Section 8. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of December, 2003
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
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BOARD OF COUNTY COMMISSIOIiifR~r .r::-
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Attest: DANNY L.KOLHAGE, Clerk
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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
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 3, 2004
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 8320
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 046-2003 approving the request filed by the Monroe County Planning
Department to amend Section 9.5-124 of the Monroe County Code, (NROGO) by adding a
definition for "covered walkways"; adding regulations for covered outdoor non-residential floor
area; prohibiting NROGO exemptions for not-for-profit development within areas proposed for
acquisition by governmental agencies for the purpose of resource protection; modifying impact
fees for non-residential floor area; providing for repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing for an
effective date.
Ordinance No. 048-2003 approving a request of the Monroe County Planning Department
to amend the Land Development Regulations by amending Section 9.5-4 (definitions): 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 December 17, 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 Com
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PS Form 3800, June 2002 See Reverse for Instructions
· Complete items 1, 2, and 3, Also Complete
item 4 if Restricted Delivery ;s desired.
· 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 mailpiece,
or on the front if space permits,
1, Article Addressed to:
Mrs. Liz Claud
Bureua of Administrative Code
The Collins BUilding
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
COrd. 046 & 048-2003)
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STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
February 9, 2004
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 February 3, 2004 and certified copies of Monroe County
Ordinance Nos. 046-2003 and 048-2003, which were filed in this office on
February 6, 2004.
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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.fl.us
E-Mail: DivElections@mail.dos.state.jl.us
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DCA Final Order No.: DCA04-0R-IOO
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In rei MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 046-2003
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The Department of Community Affairs (the "Department") hereby issues it;mFi~1 Qf)ler, ~
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pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2003), approving a land<n r:::;
FINAL ORDER
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 governrnent within the Florida Keys Area.
2. On February 10,2004, the Department received for review Monroe County Ordinance
No. 046-2003 which was adopted by the Momoe County Board of County Commissioners on
December 17,2003 ("Ord. 046-2003"). The purpose ofOrd. 046-2003 is to amend Section 9.5-
124 of the Monroe County Land Development Regulations. Ord. 046-2003 amends the Non-
Residential Rate Of Growth Ordinance (NROGO) to add a definition for "covered walkways",
add regulations for covered outdoor non-residential floor area, prohibit NROGO exemptions for
not-for-profit development proposed in lands targeted for acquisition by governrnent agencies,
and corrects an error in the Employee Housing Fair Share Impact Fee rate schedule.
3. Ord. 046-2003 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. 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2003).
DCA Final Order No.: DCA04-0R-IOO
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9 380.0552, 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 ofland. 9 380.031 (8), Fla, Stat. (2003). The
regulations adopted by Ord. 046-2003 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. 046-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing lartd
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation, (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(j) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
9. Ord. 046-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 046-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
DCA Final Order No.: DCA04-0R-IOO
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.
VA ERI . UBBA
;
Di ion of Community lanning
Department 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 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
ADMINISTRA TIVE 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
ADMINISTRA TIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, AND
3
DCA Final Order No.: DCA04-0R-I00
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-
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 truean1Jorrect copies have been furnished
to the persons listed below by the method indicated this ~ day of May, 2004.
~o-~-
~aula Ford, Agency Clerk
4
DCA Final Order No.: DCA04-0R-IOO
By U.S. Mail:
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
Bv Hand Delivery or Interagencv Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Page 1 of 2
~Muni~.com
Monroe County, FL Code of Ordinances -1979(11270)
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Supplement 85
Recorded: 6/14/20042:49:58 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 046-2003 12/17/2003 Allocations Sec. 9.5-124(NROGO) by adding a definition
for "Covered Walkways" adding regulations for covered
outdoor non-residential floor area.
Ordinance Nc. 01.7-2003 12/17/2003 Amending Sec. 9.5-266(Affordable and Employee
Housing).
Ordinance No. 048-2003 12/17/2003 Amending Land Development Regulations, Sec. 9.5-4
(Definitions).
Ordinance No. 005-2004 2/18/2004 Amending Sec. 9.5-317(b)(1)b, (Standards for Issuance of
Building Permits in Areas of Special Flood Hazard).
Ordinance No. 012-2004 5/19/2004 Amending Sec. 2-541 (1)(1), revising the requirement for Bid
Bonds to apply only to construction projects estimated to
exceed $150,000.
Ordinance No. 013-2004 5/19/2004 Amending Code by adding Sub-sec. (g) to Sec. 8-82, in
order to provide that any collector exiting Monroe County
with equipment loaded with sludge shall use Card Sound
Road and shall produce Service Tickets.
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