Ordinance 011-2004 •
ORDINANCE NO. 011 -2004
AN ORDINANCE AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS BY CREATING SEC. 9.5-21(i) AUTHORIZING MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE
CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND
DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING
SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5-492 (c)
FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE
LIBRARY IMPACT FEE; SEC. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE;
SEC. 9.5-495(b) FAIR SHARE POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522
FILING FEES FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO
NOT REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE
RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS; 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 impact fees established in Sec. 9.5 491(a) Fair share transportation
impact fee; Sec. 9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair
share library impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-
495(b) Fair share police facilities impact fee were adopted by resolutions of the Monroe
County Board of County Commissioners in 1989; and
WHEREAS, these fees do not reflect the present day fees that were established by
more recent 1992 and 1993 resolutions of the County Commission; and
WHEREAS, at the time that the newer impact fee schedules were established, the
previous fees were inadvertently not deleted; and
WHEREAS, this deletion removes those older fees that are no longer applicable; and
WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative appeals
were adopted by ordinance of the Board of County Commissioners in 1987; and
WHEREAS, These fees were revised and adopted by resolution of the Board of
County Commissioners in 2003; and
WHEREAS, the Sec. 9.5-522 was inadvertently not deleted; and
WHEREAS, the proposed text change was reviewed and APPROVED at the DRC
public meeting of January 15, 2004; and
WHEREAS, this text change was reviewed and APPROVED at the PC public hearing
of January 28, 2004 and APPROVED at the public hearing of February 11, 2004;
WHEREAS, Staff 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, Staff finds that the proposed change is consistent with the goals of the
Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners was presented with
the following evidence, which by reference is hereby incorporated as part of the record of
said hearing;
1. Staff report prepared on January 29th, 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.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings of fact
support their decision to recommend APPROVAL to the Monroe County Planning
Commission of the following amendments to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning Department:
Section 1.
Section 9.5-21. Board of County Commissioners
(i) To establish, by resolution, a schedule of fees to be charged by the Growth
Management Division (GMD) to persons filing land development permit
applications, land development approval applications, and land development
order applications however styled, and any land development order appeal
however styled. In establishing the fee amounts, the GMD Director shall
present evidence to the Board of the cost incurred by the GMD in staff time,
and material expended, that are usually required to review the particular item
that is the subject of the proposed fee. The general administrative and
operational overhead of the GMD may not be included in the fee amount.
While mathematical exactitude is not required, no fee adopted by the Board
pursuant to this subsection may be in excess of the amount reasonably
supported by the evidence submitted by the GMD Director regarding the staff
time incurred, and material expended, usually required for the review of the
particular item that is the subject of the proposed fee. Any fee resolution
considered by the Board pursuant to this subsection must be heard by the
Board at a time certain public hearing with public notice provided in the same
manner as the public notice required for the adoption of an ordinance under
Sec. 125.66(2)(a), FS. At the public hearing, members of the public must be
afforded an opportunity to comment on the proposed fees. The fees
established shall generally be nonrefundable; provided, however, the Board
may approve a refund of up to fifty (50) percent of the fee upon good cause
shown by the applicant and a recommendation from the GMD Director that the
refund will not result in GMD staff time costs or material costs already
expended going unreimbursed.
Section 2.
Sec. 9.5-491. Fair share transportation impact fee.
(C) Establishment of Fee Schedule: Any person who shall initiate any new land
development activity generating traffic, except those preparing a traffic impact analysis
pursuant to subsection (d) of this section, shall pay, prior to the issuance of a certificate of
occupancy, a fair share transportation fee as established by resolution of the Board of
County Commissioners.
RV park, per space $1,732.00
Section 3.
Sec. 9.5-492. Fair share community park impact fee.
(c) Fair Share Park Fee To Be Imposed on New Residential Land Development
Activity: Payment of fair share fee prior to issuance of certificate of
occupancy: Any person who shall receive a certificate of occupancy for any
new residential land development activity that places an increased demand on
the county's community park facilities shall pay a fair share park fee as
established by resolution of the Board of County Commissioners.
Section 4.
Sec. 9.5-493. Fair share library impact fee.
(c) Fair Share Library Fee To Be Imposed on New Residential Land
Development Activity:
(1) Payment of fair share fee prior to issuance of certificate of occupancy: Any
person who shall receive a certificate of occupancy for any new residential land
development activity that places an increased demand on the county's library
facilities shall pay a fair share library fee established by resolution of the Board
of County Commissioners.
SECTION 5.
Sec. 9.5-494. Fair share solid waste impact fee.
(b) Fee Schedule:
(1) Prior to the issuance of a certificate of occupancy, all land development,
except for applicants who opt to make their own independent calculation,
shall pay a fair share solid waste fee, as established by .resolution of the
Board of County Commissioners.
This fee schedule shall be reviewed and revised by the board of county
commissioners within six (6) months of the effective date of the plan based
upon a study and recommendation by the director of planning.
TION 6.
9.5-495. Fair share police facilities impact fee.
(b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land
Development Activity:
(1) Fee: Any person who shall initiate any new land development activity
generating a need for police facilities except for those applicants who prepare a
police facilities impact analysis pursuant to paragraph (2) of this subsection, shall
pay, prior to the issuance of a certificate of occupancy, a fair share police facilities
fee as established by resolution of the Board of County Commissioners.
Nonresidential, per 1000 square feet 136.50
This fee schedule shall be reviewed and revised by the board of county
commissioners within six (6) months of the effective date of the plan based
upon a study and recommendation by the director of planning.
Section 7.
Sec. 9.5-522 Reserved.
Section 8. 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 validity.
Section 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 10. 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 11. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
cc �SSED AID ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regulsmaltirtg of said Board held on the 215T day of April, 2004.
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` (SE/ �, BOARD OF COUNTY COMMISSIONERS
" Att,s DA, ,,L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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Depu y Clerk DAVID P. RICE, MAYOR PRO TEM
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CHIE SIS Ni CO TY ATTORNEY
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSEPLANTATION KEY
3117 OVERSEAS HIGHWAYGOVERNMENTH CENTER
500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
May 20, 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 9945
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 009-2004 amending Section 19-129, Monroe County Code; replacing the
terms "motor coaches, travel trailer, and motor homes' with the more inclusive term"recreational
vehicle-type units"; providing for an increase in the length and width of recreation vehicles that
may be parked or stored in a residential district; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for
severability; and providing for an effective date.
Ordinance No. 010-2004 amending Sec. 9.5-122.3; Sec. 9.5-124.8; Sec. 9.5-266 of the
Monroe County Land Development Regulations in order to grant authority to Growth
Management Director and the County Attorney to approve restrictive covenants and warranty
deeds under ROGO/NROGO and Affordable Housing. Providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and directing the Planning Director to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date.
Ordinance No. 011-2004 creating Sec. 9.5-21(i) authorizing Monroe County Board of
County Commissioners to establish by Resolution, fees to be charged by the Monroe County
Growth Management Division for land development applications, permits, approvals, and appeals,
deleting Sec. 9.5 491(a) Fair Share Transportation Impact Fee; Sec. 9.5-492(c)Fair Share
Ordinance Nos. 009-2004/010-2004/011-2004
Page 2
Community Park Impact Fee; Sec. 9.5-493(c)Fair Share Library Impact Fee; Sec. 9.5-494(b)Fair
Share Solid Waste Impact Fee; Sec. 9.5-495(b) Fair Share Police Facilities Impact Fee; and Sec.
9.5-522 Filing Fees for Map Petitions and Administrative Appeals which do not reflect the present
impact fees and filing fees adopted by more recent Resolutions of the Monroe County Board of
County Commissioners; providing for repeal of 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 April 21, 2004. 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 Commissioners
by:
Pamela 01""""-`4.--2
. Hancock, D.C.
cc: Municipal Code Corporation-under separate cover
County Administrator w/o documents
MCSO-Ordinance 009-2004
Growth Management
County Attorney
BOCC
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D. Is delivery address different from item 1? ❑Yes
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Mrs. Liz Cloud, Chief •
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type
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0
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 25, 2004
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 20, 2004 and certified copies of Monroe County Ordinance
Nos. 009-2004 through 011-2004, which were filed in this office on May 24,2004.
Sincerely,
~lW<<~
Liz Cloud
Program Administrator
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OSTATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.t1.us
OLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA04-0R-150
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 011-2004
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (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 June 16,2004, the Department received for review Monroe County Ordinance No.
011-2004 which was adopted by the Monroe County Board of County Commissioners on April
21,2004 ("Ord. 011-2004"). The purpose ofOrd. 011-2004 is to amend the Monroe County
Code of Ordinances to create Section 9.5-21 (i), authorizing the Board of County COIl!f1ission~ _',
to establish certain application and impact fees by resolution. Ord. 011-2004 also de~~ei ~
other obsolete provisions regarding impact fees. ~;::.; .... ~ ~
3. Ord. 011-2004 is consistent with the County's 2010 Comprehensive Plan;Jgf;' ~ .:;0
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CONCLUSIONS OF LAW> f'PJ " ,~
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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. SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2003).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
DCA Final Order No.: DCA04-0R-150
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2003). The
regulations adopted by Ord. 011-2004 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), 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. 011-2004 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.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 011-2004 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 011-2004 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
2
DCA Final Order No.: DCA04-OR-150
DONE AND ORDERED in Tallahassee, Florida.
fj' I
VALE ZIE VH BBARD, DIRECTOR
sion of Community Planning
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 MAY BE 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
ADMINISTRATIVE 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
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
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.
3
DCA Final Order No.: DCA04-OR-150
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 true and co 'ect copies have been furnished.
to the persons listed below by the method indicated this tray of August,NA
Paula Ford, Agency Clerk
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
4
DCA Final Order No.: DCA04-0R-150
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5