Ordinance 048-2003
ORDINANCE NO. 048 -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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.
WHEREAS, the terms "Coastal Barrier Resources System" and
"Conservation Land Protection Area" are terms that are used in the point allocation
system for both ROGO and NROGO projects as directed by Monroe County Year 2010
Comprehensive Plan Policy 101.5.4 (ROGO) and 101.5.5 (NROGO); and
WHEREAS, while they have been used, they have never been included in the
Definition Section 905-4 of the Monroe County Code; and
WHEREAS, the addition of these definitions to the Monroe County Code has
been directed by the Planning Commission; and
WHEREAS, at the October 2, 2003 public meeting of the Development Review
Committee, the Committee voted to recommend APPROVAL of the amendment; and
WHEREAS, at a public hearings of October 22, 2003 and November 5, 2003, the
Planning Commission voted to APPROVE the amendment; and
WHEREAS, at the regularly scheduled public hearing of December 17, 2003, the
Board of County commissioners reviewed the amendment and was presented with:
. Staff Report prepared by Fred Gross, Director of Lower Keys Planning Team.
. Sworn testimony of staff.
. Sworn testimony of BOCC counsel
. Comments from the public; and
WHEREAS, the Board of County Commissioners finds that there is a need to
include these terms and definitions to the Monroe County Code; and
WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with Section 905-511 (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
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Page 1 of 2
C:\TEMP\BOCC ORD .doc
Section 1. Sec. 9.5-4 Definitions
(C-7) Coastal Barrier Resources System (CBRS) means those fifteen (CBRS) units in
Monroe County designated under the Federal Coastal Barrier Resources Act (CBRA) of
1982, comprised of undeveloped coastal barriers and all associated aquatic habitats
including wetlands, marshes, estuaries, inlets and near shore waters.
[Re-number (C-7) to (C-21)]
(C-21) Conservation Land Protection Area means areas that have been identified by
the County in management plans for resource protection that are inside or adjacent to
existing state and federal park and conservation land boundaries.
[Re-number (C-21) to (C-28)]
Section 2. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidityo
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 ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. 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 Statuteso
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
Comrnissioner Neugent
commissioner Spehar
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BOARD OF COUNTY COMMISSIO~S
OF MONROE COUNTY, FLORIDA
By ~(~
Mayor/Chairperson
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(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
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Dep Clerk
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C:\TEMP\BOCC ORD .doc
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 COUNfY 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 26688320
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 905-124 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,
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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 Co •ssioners
by:
Pamela G. ancock, D.C.
cc: County Administrator w/o documents •
Growth Management
County Attorney
BOCC ;
File /
•
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' ,
• Complete items 1,2,and 3.Also complete A. Signature U.S. Postal Service,.
item 4 if Restricted Delivery is desired. 0 CERTIFIED MAIL,. RECEIPT I
• Print your name and address on the reverse X GRJA(•`.6.i m (Domestic Mail Only;No Insurance Coverage Provided)
so that we can return the card to you.
• Attach this card to the back of the mailpiece, B. Received kya�ti° ry information visit our website at www.usps.come
�Y For delivery
or on the front if space permits. ��ti:r ,� t
1. Article Addressed to: D. Is delivery address'efferent fr t):OD MY s C II L --k
If YES,enter delivery adds s b rU Postage $ O 3 . p J
Mrs. Liz Cloud ;` 4<'
Bureua of Administrative Code 5N��'' `o Certified Fee �, 3
The Collins Building 4` ` 4 o RetumRecieptFee 0 Here
(Endorsement Required) �, � T'
107 W Gaines Street, Suite L43 o Restricted Delivery Fee 111111111111 I
Tallahassee FL 32399-0250 ; 3. Service Type 'rn (Endorsement Required) �QS (L
(Ord. 046 & 048-2003) l Certified Mail 0 Express I em Mika 1I
❑ rit Registered ❑ Return RI Total Postage&Fees
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2. Article Number 7002 2030 '0001 2668 8320
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(Transfer from servicelabeq Tallahassee FL 32399-0250
PS Form 3811,August 2001 Domestic Return Receipt PS Form 3800,June 2002 See Reverse for Instructions
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.
Si~~
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.t1.us
E-Mail: DivElections@Jnail.dos.state.fl.us
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DCA Final Order No.: DCA04-0R-IOl
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FINAL ORDER
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 048-2003
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6), Fla. Stato, and 9 380.0552(9), Flao Stato (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 February 10,2004, the Department received for review Monroe County Ordinance
Noo 048-2003 which was adopted by the Monroe County Board of County Commissioners on
December 17,2003 ("Ord. 048-2003"). The purpose ofOrd. 048-2003 is to amend Section 9.5-
4, Definitions, of the Monroe County Land Development Regulations. Ord. 048-2003 adds
definitions of the terms "Coastal Barrier Resources Systems" and "Conservation Land Protection
Area. "
3. Ord. 048-2003 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 380005(6), Fla. Stat., and 9 38000552(9), Fla. Stato (2003).
50 Monroe County is a local government within the Florida Keys Area of Critical State
Concemo 938000552, Fla. Stat. (2002) and Rule 28-290002 (superseding Chapter 27F-8), Fla.
DCA Final Order No.: DCA04-0R-IOl
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031(8), Flao Stato (2003). The
regulations adopted by Ord. 048-2003 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 S 380.0552(7), Flao Stat. See Rathkamp v. Department of
Community Affairs, 21 F.AoL.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. 048-2003 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.
(b) To protect shoreline and marine resources including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife, and their habitat.
(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.
(e) To limit the adverse impacts of development on the quality of
water throughout the Florida Keys.
9. Ordo 048-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 048-2003 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-IOl
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.
. '
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
ACTIONo 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 TIVE 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 MA Y 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
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120057(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 REPRESENTATIVE, AND
3
DCA Final Order No.: DCA04-0R-I0l
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 28-1060201(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 clj>rrect copies have been furnished
to the persons listed below by the method indicated this~II'Cclay of May, 2004.
~~>'=
~aFOrd,AgenCYClerk ..
4
DCA Final Order No.: DCA04-0R-IOl
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, AI CP
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
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Municipal Code Corporation
P,O, Box 2235
Tallahassee, FL 32316.2235
850-576-3171
Monroe County, FL Code of Ordinances -1979(11270)
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 Seco 9.5-124(NROGO) by adding a definition
for "Covered Walkways" adding regulations for covered
outdoor non-residential floor area.
Ordinance Nc. 047-2003 12/17/2003 Amending Sec. 9.5-266(Affordable and Employee
Housing).
Ordinance Noo 048-2003 12/17/2003 Amending Land Development Regulations, Sec. 905-4
(Definitions).
Ordinance No. 005-2004 2/18/2004 Amending Sec. 905-317(b)(1)b, (Standards for Issuance of
Building Permits in Areas of Special Flood Hazard).
Ordinance No. 012-2004 5/19/2004 Amending Seco 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 Ticketso
. Are you e-mailing us your ordinances? Send them to ords@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
@ 2003 ("-"'- A"
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