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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 Page 1 of 3 C:\TEMP\BOCC Ord,doc Initial_ 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 Page 2 of 3 C:\TEMP\BOCC Ord.doc Initial 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 ,...... = ;! 0 ~ :7 '1> ..,., x :z ('T1 0'''>-- t:D rr1~=< I n:....,.r- ".... o~:..,.. ....., ~?Jc -0 -tc-::r:-:-: :x BOARD OF COUNTY COMMISSIOIiifR~r .r::- OF MONROE COUNTY, FLORIDA ~.: ': .r;:- By ~(~'" Mayor/Chairperson ves ves yes ves ves (SEAL) Attest: DANNY L.KOLHAGE, Clerk B~~ Page 3 of 3 C:\TEMP\BOCC Ord,doc Initial .r; r I'T1 Cl "'T'! <::) :::0 7J 1"11 C) ,....." ':-;J '~J 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 by: cc: County Administrator wlo documents Growth Management County Attorney BOCC dJ' File ./ CJ ru rn to to ..D ..D ru U.S. Postal ServiceTl.1 CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ .....=l CJ CJ Return Reciept Fee CJ (Endorsement Required) CJ Restricted Delivery Fee rn (Endorsement Required) CJ ru Total Postage & Fees $ Certnied Fee ru CJ ~nt To CJ !5ureau of Administrative Code l"- !/MAgifjliE3TiishlfiiITdTiig---mm-----------mmm---mmh--- :v:1iO'~-'W:"~Ga.i,.nQ.s.--S.t.:t'.e9.t-'mSu-i-t;.8--L43..mmmmmm ~ty;State. zi'P~ Tallahassee FL 32399-0250 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) A. Signature x 3, Service Type ~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise OC.O.D, 4, Restricted Delivery? (Extra Fee) DYes -- 102595_0:>_"., 0._ 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. s~~ Liz Cloud Program Administrator LC/mp ..l ~ o t:) ~ :r- .'1> .c- ~ ,., 2: ::::J <::l r- ;z: . .. 1"T"j;:w;:-< Cb 2(-,:- :::i C:::O~ ;;e. 0 -( (") ,.- .boo :<:-...;:::,:: ::t.;: ." J> r - ";':l )'" c...> 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 -,., .~ rr, o -ry a ;:0 -':0 /'i1 ~~) ,--. _J _,~/...,J '.---,1 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 . So g""rj ~ )l. ..I::'" ;=:: op~ .i! ,." ""~=< -< 0 ("). r. , -- QC"). ., ~?O2 -....J ~ ..... C") r- ... :<:-of:::: ~ .::0 The Department of Community Affairs (the "Department") hereby issues it;mFi~1 Qf)ler, ~ ~ ,." .. 0 . C..,).::o 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. . Are you e-mailingusyourordinances?Sendthemtoords@municode.com · Does your code need a legal review? We can help - e-mail for an estimate · Ask us about electronic supplementation and our newest service N.O.W. posting ordinances in between supplements :x 0 o 1." :z:: ;;r .;QQ.. -er- -- r<1?,.," (")' ," o~_, c: -'l'"~ ..... :z:::""'C: -H-) I -<-i:I: . . :P' ~ C') .- fTI > http://intranet.municode.comIB IS/Recording/acknow ledgePrint.asp?j obid=26490&print=tr... 6/14/2004 r.,) c::= c::= or- ~ :z .." r rn o .." o ::0 ::0 rn c.; o ::0 r::; -.I ~ - - s:- O