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Ordinance 003-1994 ( POn114gp;Department ORDINANCE NO. 003 -1994'94 FEB 25 P3 :40 AN ORDINANCE AMENDING THE LANGUAGEOF ;,MONROE COUNTY CODE CHAPTER 9 . 5-3 4 5 (m) , pp,R C�,MANGROVES , AND SUBMERGED LANDS" ; PROVIDINGI O`R REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE OF THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the designation contained in Chapter 28-20, Florida Administrative Code, the recommended changes are "land development regulations" as defined in Florida Statutes Chapter 163 .3164 (22) ; and WHEREAS, Section 9 . 5-511, Monroe County Code of Ordinances (MCC) provides for the amendment of "land development regula- tions" (LDRs) ; and WHEREAS, pursuant to Chapter 163 , Florida Statutes, the Planning Commission is designated as the "local planning agency" by the Board of County Commissioners sitting as the "local govern- ing body" ; and WHEREAS, pursuant to the above sections, the Board of County Commissioners has directed the county planning staff and its consultants to study the mangrove trimming ordinance and make recommendations through the Planning Commission as appropriate; and WHEREAS, the county staff has gathered the relevant data and has analyzed recommended changes; and WHEREAS, the staff' s recommended changes were provided to the Development Review Committee for review and comment; and WHEREAS, the Planning Commission, sitting as the "local plan- ning agency" , after due notice and public participation in the hearing process, has reviewed the Monroe County Code sections dealing with environmental criteria; and WHEREAS, the Board of County Commissioners agrees with and hereby ratifies the Planning Commission' s decisions and makes the following Findings of Fact : Page 1 ORD. 10A/TXTADAMS Initials 1 . Section 9 ..5-511 (c) of the LDRs provides that amendments to the LDRs text may be made at any time; and that 2 . Section 9 . 5-511 (d) of the LDRs provide for the review of proposed amendments by the Planning Department, the Develop- ment Review Committee, and the Planning Commission, who make recommendations to the Board of County Commissioners; and that 3 . Section 9 . 5-511 (d) (3) of the LDRs provide that the Planning Commission and the Board of County Commissioners each hold at least one (1) public hearing on the proposed amendments to the text; and that 4 . Section 9 . 5-511 (d) (4) of the LDRs provide that the Planning Commission review the proposed amendments, as well as the reports and recommendations of the Planning Department and the Development Review Committee, together with any public testimony, and submit its recommendations and findings to the Board of County Commissioners; and that 5 . Section 9 . 5-511 (d) of the LDRs provides that the Board of County Commissioners shall consider the report and recommenda- tion of the Department of Planning, the Development Review Committee, and the Planning Commission, and the testimony given at the public hearings; and that 6 . Florida Statutes Section 125 . 66 (6) requires that the Board of County Commissioners hold two public hearings after 5 : 00 p.m. on any ordinance "affecting the use of land" ; and 7 . The Board of County Commissioners has met the requirements of F.S . Sec . 125 . 66 (6) ; and 8 . The proposed revisions of the LDRs were conducted by profes- sional Planning Department staff; and that 9 . The revisions of the LDRs with regards to the sign ordinance have been deemed by staff to concur with the policies promul- gated in the Monroe County Comprehensive Plan; and that 10 . The Planning Commission concurred with staff by finding that the proposed amendments, as further amended, conformed with the policies of the comprehensive plan and found that the proposed amendments will help implement said Comprehensive Plan; and that 11 . The Planning Commission also found that the proposed amend- ments are consistent with the Principles for Guiding Develop- ment identified in Chapter 380, F.S . ; and that Page 2 ORD. 10A/TXTADAMS Initials 12 . The Planning Commission did not recommend approval to the Board of County Commissioners of the proposed text amendments as originally written by staff, but does support the proposed text amendments if they are further amended by the revisions and additions contained in Resolution P47-93 , and which are incorporated herein; and that 13 . The Board of County Commissioners hereby concurs with the Planning Commission and finds that the proposed text amend- ments are needed based upon a recognition of new issues; a need for additional detail, and comprehensiveness; and data updates; and that 14 . The Board of County Commissioners therefore supports the proposed ordinance language with amendments noted at the hearings, and hereby directs the staff of the Planning Depart- ment to reformat the proposed amendments as appropriate, to correct typographical errors, and to make global changes to the proposed document as required for consistency and codifi- cation in the Monroe County Code; and that 15 . The Board of County Commissioners hereby supports the deci- sion of the Planning Commission and hereby approves the pro- posed text amendments, as herein amended. WHEREAS, Chapter 380 . 0552 (9) , Florida Statutes, requires that the Department of Community Affairs, acting as the "state land planning agency" , approve all proposed land development regula- tions before such changes may become effective; and WHEREAS, it is desired by the Board that the following chang- es to the land development regulations be approved, adopted and transmitted to the state land planning agency for approval; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE FOLLOWING CHANGES BE MADE TO CHAPTER 9 . 5 OF THE MONROE COUNTY CODE: Page 3 ORD. 10A/TXTADAMS Initials Section 1 . Chapter 9 . 5, Article VII, Division 10, Section 9 . 5-345 (m) shall be amended to read as follows : ARTICLE VII . LAND USE DISTRICTS DIVISION - 8 . ENVIRONMENTAL STANDARDS Sec. 9.5-345. Environmental design criteria. (m) Mangroves and Submerged Lands: (6) The trimming of mangroves is permitted according to the following criteria: a. The trimming of mangroves is permitted for the following purposes : 1 . Installation of a structure permittable pursuant to this section; 2 . maintenance of authorized accessways or navigation ways over land or water including but not limited to walkways, paths, decks, docks, canals, channels, and basins; 3 . visual access; 4 . governmental purposes authorized by statute . b. The trimming of mangroves for the purposes outlined in subsection a. above shall only be permitted in accordance with and upon presentation to the county of a Florida Department of Environmental Protection (DEP) permit or exemption issued specifically for the trimming activity being requested for the subject property or for properties within governmental exemption without further action; c . County approval of mangrove trimming shall be either in the form of approval in conjunction with a permitted structure pursuant to subsection a. l . above, or in the form of a fee-exempt permit in the case of trimming for access maintenance and visual access (subsections a. 2 . and a. 3 . above) ; d. Nothing in this section shall in any way be construed to allow mangrove removal, except as permitted in conjunction with installation of a permitted structure as listed above in section a. l . ; Page 4 ORD. 10A/TXTADAMS Initials e . Mangrove trimming is considered a form of site preparation as described in section 9 . 5-111 of this chapter and shall conform to each and every requirement of this chapter, including the requirement for a principal use on the subject property. Section 2 . If the state land planning agency shall disapprove any land development regulations change, such disapproval shall in no way affect the validity of any other land develop- ment regulation change . Section 3 . All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 . 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 invalidity. Section 5 . This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said office, except, however, no amendment to the Monroe County Land Development Regulations shall be deemed effective until approved by the state land planning agency. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 18th day of January, A.D. 1994 . Mayor London YES • Mayor Pro Tem Cheal NO Commissioner Freeman YES Commissioner Harvey YES ' . Commissioner Reich YES BOARD OF COUNTY COMMISSIONERS `f t': MONROE COUNTY, FLORIDA BY. _ ayor/Chairman (SEAL) _. Attest : AP• ' • /'� ► • TO FORM QAL 1 ICIENCY BY 4�1 Alimett Ofilm CLERK Page 5 ORD. 10A/TXTADAMS Initials MEMORANDUM• To Danny Kolhage, Clerk From: Garth C. Coller, Land Use Attorney G� Date: February 23 , 1994 Re Ordinance No. 003-1994 (Mangrove Ordin.• - ) MCC Chapter 9.5, Sec. 345(m) I have reviewed the attached memorandum, dated February 14, 1994, from Mr. Bob Channell to Mr. Ty Symroski, regarding corrections to the above referenced ordinance. I have determined that each of the listed corrections is consistent with the Findings of Fact, Section 14, of referenced ordinance and may therefore be consid- ered as having been authorized by the Board of County Commission- ers upon adoption of said ordinance on January 18, 1994. GC/aa attachment cc: Robert L. Herman, Director of Growth Management Lorenzo Aghemo, Director of Planning Ty Symroski, Development Review Coordinator BLH. 965/TXTADAMS 1 1 ), LFtiiIU: = U2INGl'! ;:,4.T'(1 6£: £d SZ it t]IHH MEMORANDUM TO: Ty Symroski, Development Review Coordinator FROM: Bob Channell, Planning Technician DATE: February 14, 1994 RE: Corrections to Mangrove Ordinance, Chapter 9 .5-345(m) The following describes the corrections for the Mangrove ordinance, Chapter 9.5-345(m) 1) MANGROVES AND SUBMERGED LANDS, CHAPTER 9.5-345(m) Page One - Change commission spelling in the fourth paragraph. - Allign the last two paragraphs with the others. Page Two - In paragraph three, change "texts" to read "text" . - After paragraph five, insert a new number six which reads: 6. Florida Statutes section 125.66(6) requires that the Board of County Commisioners hold two public hearings after five pm on any ordinance affecting the use of land; and that -After the above number six, insert a new number seven which reads: "7. The Board of County Commissioners has met the requirements of Florida Statute 125.66(6) ; and that" - Renumber previous paragraphs six through ten to eight through twelve. - Delete from paragraph six,"and professional land use consultants representing Monroe County. " - After the word "staff" in paragraph eight, insert the words "by finding" . - In paragraph eight, replace "were in concurrence", with the word "conformed". Page Three - In paragraph eleven, delete "above decision of the" . - After "commissioners" in paragraph twelve, add "therefore supports the proposed ordinance language with amendments noted at the hearings" . - After "consistency" in paragraph twelve, insert "and codification in the Monroe County Code" . - Delete underline in paragraph thirteen. - Omit all that follows the word "Amended" in paragraph thirteen. - In 9.5-345(m) (6)a.1. , a simicolon is needed at the end. CORRES. 11B/TXTLDR 02/15/94 • Page Four - In 9.5-345(m) (6)a.2. , insert "and" after channels. Also place a semicolon after "basins" . - After "access" in 3. , place a semicolon. - After number three, add "4 . governmental purposes authorized by statute" . - After "property" in b. , add "or for properties within governmental exemption without further action" . - In c. , place periods after numbers one, two, and three. - In d. , place a period after the number one. CORRES. 11B/TXTLDR 02/15/94 Y • 000Nrk• O`�nq • ura rV: _ f.wa #6 Dannp IL. 1aot!jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANhl OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS IGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLOR)DA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305)852-7145 TEL. (305) 292-3550 February 28, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 003-1994, amending the language of Monroe County Code Chapter 9.5-345(m), "Mangroves and Submerged Lands"; Providing for the repeal of all Ordinances inconsistent herewith;Providing for Transmittal to the Secretary of State of the State of Florida, and Providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Workshop/Public Hearing in formal session on January 18, 1994. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C.DeSantis c. IIJICOA Deputy Clerk cc: Growth Management Director County Administrator Planning Director County Attorney County Commission I File . of.. stirs i6i FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904) 488-8427 March 7, 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. De Santis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125 . 66, Florida Statutes, this will acknowledge your letter of February certified copies of Monroe County Ordinance Numbers 94_ , 94-2 and�9�:4..� :� 28, 1994 and 3, which were received and filed in this office o' 94-2 March 7, 1994 . on o` �. Sinc rely, . QictIN Liz Cloud, Chief .;,; Bureau of -LC/mb a Administrative Code T i_ is _ r MUNICIPAL CODE CORPORATION H mot-- _ - - n �P yS�4— C — K Supplement-Department „ �h,;_ o,1i-; CI,ST K O1i,,.0.r a ir,LL .. PO Box 2235 `r AUG 10'94 r`'I./=.% �I it Tallahassee, Fl 3231E-2235 m�• "' ..Dj .< PLA. pr. '241 .c Supplement 53 OB/10/94 ,-B.86724i !x We have received the following material. Thank you for your assistance and cooperation. . Ordin-nce Nos. 001-1994, 002-1994, <+03=1.994D and 0 5-1994. TD: ' Ns. Isabel C. DeSantis Deputy Clerk tionroe County PO Box 1980 Key West, FL 33040 1-BOO-262-CODE (National) KIT IiIiil,i,IluiIIl,I>,il,it,IIiiiiuIrlliiiiiiii „I I„II,,,II,II,,,Wn Il,,,il,,,l • r is your RETURN ADDRESS completed on the reverse side? lV _,* ae�.,,m �t to Vf • 1 . m'o n 3 '. 3 3 Z 3 •-•g , 4 am .9Swo mmm m t, 8mm5-° : mmm W :�M m D I.F!1fl4 CT •• a• �• 31, 299 ;. g v na - y Q A•. m y Ot Receipt for Q m o !It a W a._ • - Certified Mail °m ° Fs s. No Insurance Coverage Provided �p c o m m a Nr„r,"r.r,, Do not use for International MailO 3 z- 3 g o m (See Reverse) * m 3 c . mr. m m 1,1Z C1ouc a .. 9) o - c . . ° l n a o 7 I. m T I1 r FL323o] --- $ o wag�{.te ; m . �a d •.X o mN vD a N v ai.. m •EL. W e E. g-m aWl,.lr :.o, ..�,,,, z.o as . �m v , m m :.wrr. �1•u.� t i r,r, to Wno•„• P I • .►rn N c ;.n• ,I nr,rt,r•�:,e.,nn,,m„ q _ - g7�8 3 m S- , z• `i m °1 o w n ' .. P,sta9c, 'y_ --� 7`'y �.-C' �'. . e. O Qa:� 1 e1 m ,y` ••._., wdr.D _ . a• V 1 y, • �. a. 0 i'r-i-.f:t ark Ot )jrlF - 1.Z '' l^' � am- J`+ � m Co.', O.'�. !"!�'- - '�3"� irf A A , E'm • g » • Q CI , :: m o: d m Z OOD, 003— ` 1C 141 -_ a -- 00 ( ;�•__:'�_.-_Thank.you for usingReturn:Receipt.S®rvice.,••�•_x:_: FLORIDA DEPARTMENT OF STATE Jim Smith. Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee. Florida 32399-0250 coon 488-8427 March 1, 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. De Santis, Deputy Clerk Dear Mr. KOlhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of February 28, 1994 and certified copies of Monroe County Ordinance Numbers 94-1, 94-2 and 94-3, which were received and filed in this office on March 1, 1994. , , .' - 0-. ~ o a: ~. -!:. 0- s~~ Liz Cloud, Chief Bureau of Administrative Code r- - ~ ':LC/mb .... ~ ?' '. ':)~ . z r ~ 1 i. ~', F t,.:, i:, ~, , "