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Ordinance 005-1994 ter. ' Planning Department ORDINANCE NO. 005-1994 AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS (CHAPTER 9. 5, MONROE COUNTY CODE) BY CREATING CODE CHAPTERS 9. 5-101 AND 9. 5-102, AUTHORIZING DEVELOPMENT AGREEMENTS AND PROVIDING FOR IMPLEMENTATION PROCEDURES; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE OF THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE. M3 z y, =C^7 WHEREAS, due to the designation contained in Chapter .8-2ay Florida Administrative Code, the recommended changes- are Flan development regulations" as defined in Florida Stat tts Chapte 163 . 3164( 22) ; and c: -<_-; o CA WHEREAS, Section 9. 5-511, Monroe County. Code of Q?di nce3 (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 incorporation of authorization to enter into development agreements into the Monroe County Code and to make recommendations through the Planning Commission as appropri- ate; 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 development approval; and Page 1 ORD.07A/TXTADAMS Initials �r WHEREAS, the Board of County Commissioners agrees with and hereby ratifies the Planning Commission' s decisions and makes the following Findings of Fact: 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 provides 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) ( 5) of the LDRs provides that the Board of County Commissioners shall consider the report and recommenda- tions of the Department of Planning, the Development Review Committee, and the Planning Commission, and the testimony given at the public hearings; and that 6. The proposed revisions of the LDRs were conducted by profes- sional Planning Department staff and professional land use consultants representing Monroe County; and that 7. The revisions of the LDRs with regards to development agree- ments have been deemed by staff to be in concurrence with the policies promulgatedin the Monroe County Comprehensive Plan; and that 8. The Planning Commission concurred with staff that the pro- posed amendments, as further amended, were in concurrence with the policies of the comprehensive plan and found that the proposed amendments will help implement said Comprehen- sive Plan; and that 9. 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 10. 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 Page 2 ORD. 07A/TXTADAMS Initials , 's revisions and additions contained in Resolution P47-93, and which are incorporated herein; and that 11. The Board of County Commissioners hereby concurs with the above decision of the Planning Commission and adopts them as our own, and further, finds that the proposed text amendments are needed based upon a recognition of new issues; a need for additional detail, and comprehensiveness; and data updates; and that 12. The Board of County Commissioners hereby directs the staff of the planning department to reformat the proposed amendments as appropriate, to correct typographical errors, and to make global changes to the proposed document as required for con- sistency; and that 13 . The Board of County Commissioners hereby supports the decsision of the Planning Commision and hereby approves the proposed text amendments, as herein amended, but also recog- nizes that there are other changes which should be made in the future, and that such work should commence immediately upon adoption of these changes. 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: Section 1. Chapter 9.5, Article III, Division 5, Sections 9. 5-101 and 9.5-102 shall be created to read as follows: ARTICLE III . DEVELOPMENT REVIEW DIVISION 5. DEVELOPMENT AGREEMENT AUTHORIZATION Section 9. 5-10.1. Purpose and Intent The purpose of this division is to allow Monroe County to enter into development agreements that meet the requirements of the Florida Local Government Development Agreement Act, Sections 163 . 3220 - 163 .3243 , Florida Statutes. The development agreement provides assurance to a developer that upon receipt of his per- mits under Monroe County' s land development regulations he may Page 3 ORD. 07A/TXTADAMS Initials } • proceed in accordance with existing ordinances and regulations, subject to the conditions of the development agreement. This division will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. A development agreement is in addition to all other local development permits or approvals required by the Monroe County land development regulations. A development agreement does not relieve the developer of the neces- sity of complying with all Monroe County land development regula- tions in effect on the date that the agreement is executed. Section 9. 5-102. Development Agreement Approval Procedures a. The County Commission shall have authority to enter into a development agreement by resolution with any person having a legal or equitable interest in real property located within the unincorporated area of Monroe County if: 1. The development agreement meets all of the require- ments of the Florida Local Government Development Agreement Act, section 163 .3220 - 163 . 3243, Florida Statutes; provided, however, that the duration of the development agreement shall not exceed 10 years, and any duration specified in a development agreement shall supersede any conflicting duration otherwise specified in this Chapter; and 2. The development was initially approved pursuant to a Development Order issued prior to the effective date of this Ordinance or is proposed by another governmental entity. 3 . The development agreement shall be considered at two public hearings and approved by the County Com- mission at the second public hearing, or thereaf- ter; and 4. The first public hearing shall be conducted by the Planning Commission; and 5. Notice of such public hearings shall be given in accordance with both section 163 . 3225, Florida Statutes and Monroe County Code section 9. 5-45(b) and (d) or as amended. b. This division is not intended to amend or repeal any existing County ordinance or regulation. To the extent of any conflict between this division and other County ordinances or regulations, the more restrictive is deemed to be controlling. Page 4 ORD.07A/TXTADAMS Initials 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 regularly scheduled meeting held on the 15th day of February, A.D. 1994. Mayor London YES Mayor Pro Tem Cheal YES Commissioner Freeman YES Commissioner Harvey YES Commissioner Reich YES BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: j��' . or/Chairman (SEAL) Attest: DANNY;L. .KOI iAGE,.Clerk APPROVED AS TO FORM D LEGAL SUF CY C• ate' BY CLERKf Page 5 ORD. 07A/TXTADAMS Initials -: ................................... ..,: .. .;: . iY:: ::. .:.::<. •� , : • :::: :�: ..FLORIDA'COUNTIO�iDIN �NCE:DAT �:RETRIEVALSSTE�A > < . ..: .. : <: <: : ;: ::....:. DING FORM'' �: > :<>:' : < <'<:> ; :<>:< :>'::::::::` „ :> Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed whenever your county enacts a new, ordinance. Simply complete this form and - include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code. To code this form properly, please refer to the"keyfields"description sheet that has been given to your County Attorney's Office. If you do not have this sheet please contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form as completely as is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488-8427 or Suncom -278-8427. :>: �/�#:f� : :;couNnr . 0. :>::::: : :<: ; : ::.:::� ::: couNnr-;oRDrNaHc�;# .(0 $..: .. .. 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(305)292-3550 March 10, 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. 005-1994, amending the Land Development Regulations (Chapter 9.5,Monroe County Code) by creating Code Chapters 9.5-101 and 9.5-102,authorizing Development Agreements and providing for implementation procedures; Providing for repeal of all Ordinances inconsistent herewith;Providing for transmittal to the Secretary of State of the State of Florida; and Providing for incorporation into the Monroe County Code; 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 February 15, 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 f I ' • JC. O/k1a4d) ¢, Deputy Clerk cc: Municipal Code Corporation Florida Department of Community Affairs Growth Management Director Planning Director County Administrator County Attorney County Commission File 1\ • Ly�. 2 • • • 0'▪ SENDER: ' ' ' • ' ° ' )t ! t! , ), ) 11).also..)wish)tc ;.rebei�e 4the rn • Complete items �ant/or4 2 far additional services.;f . , ;; , ., ,. .� . ;; 0 • Complete items 3,and 4a&b. following services (for an extra 47 o L a • Print your name and address on the reverse of this form so that we can fee): 0 return this card to you. to • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address aj ce does not permit. y m • Write"Ret n Receipt Requested"on the mailpiece below the article number. 2. El Restricted Delivery a • The Retur eceipt will show to whom the article was delivered and the date " r c delivered. Consult postmaster for fee. a, o 3. Arti Addressed to: 4a. Article Numbercc si tr `i'nt,fl ' U .g. Z l5O 1$a_-I 3 a... ; E , 6 6 % •C04.4.\l .+ 4b. Service TypeCC o ❑ Registered ❑ Insured u ' 'Certified_ ❑ COD c L '• ❑ Express Mail Return Receipt for c >c t >� Merchandise 3 ��(.w�0"t'd4-A( ..s. 3.2301 7. Date of Delivery QJI10 .605 - 19q 9 0 c5. Signature (Addressee) 8. Addressee's Address (Only if requested. D • and fee is paid) c to r 6. Signature (Agent) ./ "� ` ‘ Fes- 5 /' c� J H_PS Form 3811, December 199 iru.s.GPO:,99a-352YT4" DOMESTIC RE RN RECEIPT • /\Z 15D 182 .131 Z 1513 182 122 Receipt for - ...ip Receipt for • Certified Mail Certified Mail.. . . mammallo Insurance Coverage Provided No Insurance Coverage Provided „p Do not use for International Mail Do not use for International Mail (See Reverse) (See Reverse) rn rn 1141111.._ ,fir 0) I_ t Street and No. t • 2 to '•o• aim 2 P.O.,.State and ZIP ode P.O.,State andIP Code _o Taal?• i0. 323)4-2.2,3r5 c •T , �� ' O Postage CO Postage ODnomMBRNO E Certified Fe Certified Fee i U. C .Special.Delivery Fee LL Special Delivery Fee t(n CD d f .,RestrictedMefiveryiF.ee '- r �.�- .• 1 • to ��. ` -- to �Y at Hi:cei urn tece o i• to Who'll / nii Addr•r A 11 Ete.a .;1;....•'s Ad.ftf 'TA E.ees P . /A� � AMEN Po _.), it;. Postm. �, . "t1f OC . , _ —.( ice; e. BOARD OF COUNTY COMMISSIONER O U NTY o f M O RI R 0 E `� '�,' �� _ MAYOR,Jack London, heap 2 �.,�_ �,,, Mayor Pro Tern,A Earl Cheal,District 4 KEY WEST FLORIDA 33040 . .�.. `� i Wilhelmina Harvey, Dictrict 1 Y►-• ',I:N _ Shirley Freeman,District 3 (305)294-4641 i 'IOj I f' Il, Mary Kay Reich,District 5 � .. , \$\ Growth Management Division 7 ,:l, A !fir Monroe Regional Svc. Ctr. or 2798 Overseas Hwy. Suite #400 Marathon, FL 33050-2227 March 15, 1994 Municipal Code Corporation Supplement Department • P.O. Box 2235 Tallahassee, FL 32316-2235 To Whom it May Concern: You recently received correspondence dated March 10, 1994, from the Monroe County Clerk of the Court (copy enclosed for your reference) forwarding Ordinance No. 005-1994 amending the Land Development Regulations (Chapter 9 . 5, Monroe County Code) by creating Code Chapters 9 . 5-101 and 9 . 5-102, authorizing Develop- ment Agreements . This ordinance was forwarded to you for codifi- cation in error. Since this Ordinance amends the Land Development Regulations, it must be approved by the State of Florida Land Planning Agency (DCA) prior to codification. This approval has not yet been re- ceived. Therefore, please do not codify this ordinance at this 'time. We will forward another copy to you, with a re- quest to codify, upon receipt of official notice from the State of Florida Dept . of Community Affairs that the Ordinance has been approved. This process should take approximately sixty days . Please feel free to contact me at (305) 289-2517 with any ques- tions or comments you may have. Sincerely, Angela J. Adams Senior Staff Assistant Growth Management Division /aa enclosure cc: Robert L. Herman, Director of Growth Management Lorenzo Aghemo, Director of Planning Linda Fatora, Graphics Coordinator �* e11e :D Santis, Deputy C 767±-.; • fiLE_WP:ttta - '• 17A .".t, • .16AS 'qVia " 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 r• • _ 0 _ . _ . - March 14 , 1994 T) Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 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 your letter of March 10 , 1994 and copies of Monroe County Ordinance Numbers 94-04 and 9.4051 which were received and filed on March 14 , 1994 . Sincerely, 'N.4* ,--- • C. ) L ) Liz Cloud, Chief Bureau of Administrative Code LC/mb • • • MUNICIPAL CODE CORPORATIOtd ���2 � a� Supplement Department `' , "�- PO Bo 2235 v s••;� �j\'�.S.PUSTAl��l� Tallahassee, Fl 32316-2235 Q MAR22'94 P1• P-,g it •'.( Suppleaent 52 03/21/94 ►PLC° PB.ssni4i 1 Ole have r._eived the following material. Thank yot for your assistance and cooperation Ordinance Kos. 004-1994, 006-1994 and . 007-1994. . • TO: .,,)`a As requested, we are holding Ordinance No. i Ms. Isai3l C. DeSantis 005-1994.until receipt of copy approved by,„ Deputy Clerk Florida Land Planning_kgency, . Monroe County PO Box 1980 ' Key Nest, FL 33040 • 1-500-262-00DE (Nations ihillinlhilmilttlitillwilliiiihililinihildilin Il i •