Ordinance 025-1986
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County Commission
ORDINANCE NO. 025 -1986
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS; WAIVING NOTICE; EXTENDING THE
MORATORIUM ON MAJOR DEVELOPMENTS PERMITTED
UNDER CHAPTER 6 OF THE CODE OF ORDINANCES OF
MONROE COUNTY, AND AMENDING ORDINANCE NOS.
025-1983, 015-1984, 029-1984, 009-1985,
033-1985 AND 008-1986; TO PROVIDE FOR AN
EXTENSION OF THE PROVISIONS OF THE AFORESAID
ORDINANCE NO. 025-1983, ORDINANCE NO.
015-1984, ORDINANCE NO. 029-1984, ORDINANCE
NO. 009-1985, ORDINANCE NO. 033-1985 AND
ORDINANCE NO. 008-1986, UNTIL THE LAND USE
PLAN IS MADE EFFECTIVE; CONCERNING THOSE
MAJOR DEVELOPMENT APPLICATIONS THAT HAVE
RECEIVED PRELIMINARY APPROVAL AS PER CHAPTER
6 OF THE MONROE COUNTY CODE OF ORDINANCES AS
OF THIS DATE; GIVING REASONS AND THE CAUSE
FOR AN EXTENSION OF SAID MORATORIUM; STATING
WHY IT IS NEEDED AND NECESSARY; PROVIDING FOR
THE LENGTH OF TIME FOR SAID EXTENSION OF THE
MORATORIUM AND PROVIDING FOR THE STEPS TAKEN
TO ALLEVIATE SAID CONDITION; PROVIDING FOR
CERTAIN EXCEPTIONS OF APPLICATIONS WHICH HAVE
RECEIVED PRELIMINARY APPROVAL FOR DEVELOPMENT
UNDER CHAPTER 6, ARTICLE VII, OF THE MONROE
COUNTY CODE; PROVIDING THAT NO APPLICATION
WHICH HAS NOT RECEIVED PRELIMINARY APPROVAL
SHALL BE PROCESSED AND NO NEW APPLICATIONS
FOR MAJOR DEVELOPMENT SHALL BE ACCEPTED;
PROVIDING FOR CERTAIN EXCEPTIONS TO SAID
ORDINANCE; PROVIDING FOR THE SEVERABILITY OF
EACH AND EVERY PROVISION HEREOF; PROVIDING
FOR THE REPEAL OF ANY ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
THAT SAID ORDINANCE SHALL BECOME PART OF THE
CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE HEREOF; AND
PROVIDING FOR THE RATIFICATION OF ANY
RESTRICTIONS AND/OR MORATORIUMS HERETOFORE
APPROVED.
WHEREAS, Monroe County, Florida a designated area of crit-
ical concern under Chapter 380, Florida Statutes, has initiated a
comprehensive planning process, including the development of a
comprehensive land use map, public services and facility plan,
transportation plan and Capital Improvements Program, and
WHEREAS, the development of these plan documents is deemed
of essential importance for the citizens of the County of Monroe,
as well as the State of Florida, and
WHEREAS, it is evident that existing and planned development
is over-taxing the County's ability to process applications, plan
for and provide services for development, and
[
WHEREAS, Monroe County, without additional planning, cannot
at this time ensure that adequate capacity exists in its public
services and facilities, and
WHEREAS, Monroe County, in concert with State Department of
Community Affairs, pursuant to Chapter 380, Florida Statutes, and
attendant critical area regulations is initiating an extensive
public services planning project to include, but not limited to
analyses of: water, sewer, fire, police, ambulance, transporta-
tion and disaster preparedness services with the expressed
purpose of ensuring adequacy of these critical public services to
provide for existing and future demands, and
WHEREAS, the continued proliferation of maj or development
activity as defined under Chapter 6, Article VII of the Monroe
County Code, prior to adoption of a land use plan and map is
contrary to the effectiveness of the current planning process,
and
WHEREAS, the County Commission of Monroe County deems it
necessary to extend the moratorium as was first initiated in
Ordinance No. 025-1983 and continued in Ordinance Nos. 015-1984,
029-1984, 009-1985, 033-1985 and 008-1986 for a period of time to
insure the development of the land use plan and map, which is now
in progress, and
WHEREAS, the planned length of time of said initial mora-
torium ordinance was to expire on October 28, 1984, but was
extended until April 30, 1985, then extended until October 31,
1985, then extended until April 30, 1986, and then extended to
July 15, 1986, is now deemed by the Monroe County Commission not
to be sufficient length to insure the development of the land use
plan and map, and
WHEREAS, the conditions that were in being at the time of
the initiation of Ordinance No. 025-1983 are still present,
though extensive progress has been made and is continuing to be
made in the development of the land use plan and map and its
attendant documents, and
WHEREAS, the County's planning activities are being under-
taken for the express purpose of ensuring the protection of the
health, safety and welfare of the present and future people of
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Monroe County, and to provide for orderly, controlled and well
planned growth and development, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. An emergency is hereby declared to exist and
notice is hereby waived by a four-fifths vote of the membership
of the Board, all pursuant to Florida Statute ~125.66(3).
Section 2. This Ordinance applies to Major Developments as
defined in Section 6-222, Article VII, Chapter 6 of the Monroe
County, Florida Code and is deemed essential to protect the
health, safety and welfare of the people and property of Monroe
County, Florida.
Section ~. A moratorium is established by this ordinance,
continuing the length of said moratorium which was established in
Ordinance No. 025-1983 and continued in Ordinance Nos. 015-1984,
029-1984, 009-1985, 033-1985 and 008-1986. Said extension of the
moratorium shall be for a time subsequent to July 15, 1986, until
the Monroe County Land Use Plan and Maps are made effective.
Section 4. Except as provided herein this moratorium shall
apply to:
A. Any new application for Major Development approval as
defined in Section 6-222, Article VII, Chapter 6, Monroe County
Code.
B. Any application pending before the Monroe County Zoning
Board that has not received preliminary development approval.
C. Any future phases of a Major Development project, which
said future phases have not received preliminary approval.
Section 5. This moratorium shall not apply to:
A. Major Development projects which have been heard and are
on appeal from either the Monroe County Planning and Zoning Board
to the Board of County Commissioners, on appeal to the Governor
and Cabinet sitting as the Florida Land and Water Adjudicatory
Commission, or on appeal to a court of competent jurisdiction.
B. Major Development projects which are also classified as
Developments of Regional Impact and which were subject to review
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by the South Florida Regional Planning Council prior to October
1, 1985, except those that are otherwise exempt under this
Section.
C. Major Development projects which are the subject of
executed settlement agreements with the Florida Department of
Community Affairs.
D. All applications for rezoning of property which are not
deemed to be Major Developments as defined in Chapter 6 of the
Monroe County Code.
E. Any Major Development application that has received
preliminary approval.
F. Any property where there is presently existing a hotel
or motel, irrespective of the present zoning of said property
upon which the same is located.
G. Any properties excluded herefrom under Ordinance
No. 007-1985, which are to be shopping centers.
H. Any properties excluded herefrom under Ordinance No.
013-1985, which are churches located in GU zoning districts.
Section 6. The Board of County Commissioners does hereby
ratify and affirm any and all actions, conditions and re-
strictions that were imposed in the moratoriums set forth in
Ordinance No. 025-1983 and as continued under Ordinance
Nos. 015-1984, 029-2984, 009-1985, 033-1985 and 008-1986, except
as herein altered or changed.
Section 7. This Moratorium is deemed required to protect
the County's planning process and future plan for the potential
establishment of large non-conforming developments during the
course of formulation of the plans and land use maps.
Section 8. That the structuring of a land use map, local
comprehensive plan, and capital facilities program for all land
within Monroe County, Florida, is essential to the future conser-
vation and development of the County and is declared a first
priority.
Section 9. The length of this extension of the moratorium,
already provided for in Ordinance No. 025-1983 and as further
provided in Ordinance Nos. 015-1984, 029-1984, 009-1985, 033-1985
and 008-1986 shall be for a time commencing at midnight July 15,
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1986, until the Land Use Plan and Maps are made effective. In
the event a land use map, comprehensive plan and capital
facilities program and all attendant implementation for these
documents are put in place and approved prior to the extended
date provided in this section, the County Commission reserves
unto itself the right to rescind this ordinance in that
circumstance.
Section 10. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 11.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 12.
The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 13.
This Ordinance shall take effect when a
certified copy of this Ordinance has been accepted by the postal
authorities of the Government of the United States for special
delivery by registered mail to the Department of State of the
State of Florida.
Section 14.
All moratoria and restrictions heretofore
imposed by the County Commission are hereby ratified nunc pro
tunc where and if applicable.
Section 15. A certified copy of this Ordinance, as enacted,
shall be filed with the Department of Community Affairs of the
State of Florida by the Clerk of the Board of County Commission-
ers of Monroe County, Florida, as soon as practicable after its
enactment.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By -- -'~
Mayor/Chairman
(SEAL)
Attest:
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PASSED AND ADOPTED:
August 22, 1986
FILED WITH SECRETARY OF STATE: Auqust 28, 1986
EFFECTIVE DATE: A\I 'Q\) ",-<.c f<<(, J ) q '!lie
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FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
September 2, 1986
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of Letter/s of August 27. 1986
and certified copy/ies of Monroe
County Ordinance(s) 86-25 ~~ Fmprgpnry nrdinance .
"
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
3. We have filed this#~he~e Ordinance(s) in this office
on September 2. 1986.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
c~'~
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
fLORH::>A:-,S.taf~_of-the:~Ar1~
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being returned to you.The return receipt fee will provide
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