Ordinance 033-1985
County Commission
ORDINANCE NO. 033 -1985
AN ORDINANCE 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 AND 009-1985; TO PROVIDE
FOR AN EXTENSION OF THE PROVISIONS OF THE
AFORESAID ORDINANCE NO. 025-1983, ORDINANCE
NO. 015-1984, ORDINANCE NO. 029-1984, AND
ORDINANCE NO. 009-1985, UNTIL APRIL 30, 1986
OR UNTIL THE LAND USE PLAN IS ADOPTED, WHICH
EVER OCCURS FIRST; 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 major development
activity as defined under Chapter 6, Article VII of the Monroe
County Code, prior to adoption of a land use 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, and 009-1985 for a period of time to insure the
development of the land use 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, is now deemed by the Monroe County Commission not to be
sufficient length to insure the development of the land use map,
and
WHEREAS, the conditions that were in being at the time of
the initiation of Ordinance No. 025-1983 are still present,
though progress has been made and is continuing to be made in the
development of the land use 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
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. 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
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health, safety and welfare of the people and property of Monroe
County, Florida.
Section 2. A temporary 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 and 009-1985. Said extension of the
temporary moratorium shall be for a time subsequent to October
30, 1985, until midnight April 30, 1986 or until the Monroe
County Land Use Plan is adopted, which ever occurs first.
Section 3. 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 4. This moratorium shall not apply to:
A. Major Development projects which have been heard and are
on appeal from the Monroe County Planning and Zoning Board to the
Board of County Commissioners, the Governor and Cabinet sitting
as the Florida Land and Water Adjudicatory Commission, or for
which a timely appeal has been filed in a court of competent
jurisdiction.
B. Major Development projects which are also classified as
Developments of Regional Impact and which were subject to review
by the South Florida Regional Planning Council prior to October
1, 1985.
C. Maj or Development proj ects which are the subj ect of
settlement agreements with the State 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.
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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 5. The Board of County Connnissioners 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, 029-1984 and 009-1985, except as herein altered or
changed.
Section 6. 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 7. 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 8. 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 and 009-1985 shall
be for a time connnencing at midnight October 30, 1985, until
midnight April 30, 1986 or until the Land Use Plan is adopted,
which ever occurs first. 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 Connnission reserves unto itself the right to rescind this
ordinance in that circumstance.
Section 9. 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.
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Section 10. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 11. 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 12. 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.
Section 13. All moratoria and restrictions heretofore
imposed by the County Commission are hereby ratified nunc pro
tunc where and if applicable.
Section 14. 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.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe Cou~;r'/Florida, ~a,special meeting of said Board held
on the ~day of (/~~~ , A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
..
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a~rman
(SEAL)
Attest:
APPROVEOAS 70~
~:~
BY ~. ~J_.? .
Attomgy'.O_ ~7 L,
ADOPTED:
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
5
1Dann!, 1.. Itolf)age
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33060
'fEL. (306) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (306) 294-.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (306) 862.9263
November 12, 1985
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CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
The Board of County Commissioners at a Regular
Meeting in formal session on October 18, 1985 adopted
Ordinance 033-1985.
Enclosed please find a certified copy of said
Ordinance.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit
and ex officio Clerk to
Board of County ~om i
DLK/msp
Enclosure
cc: Mayor Wilhelmina Harvey
Commissioner Alison Fahrer
Commissioner William Freeman
Commissioner John Stormont
Commissioner Ed Swift
Planning, Building & Zoning Director
r ~ ~ ~i c i pal S e r v ice Cod e
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p 030 952 741
RECEIPT FOR CERTIFIED MAil
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL /I J . .
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FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
November 19, 1985
Ms. Melanie Sue Parra
Deputy Clerk
Clerk of the Circuit Court
500 Whitehead Street
Key West, Florida 33040
Dear Ms. Parra:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of November 12, 1985
and certified copy/ies of Monroe County
Ordinance No. 85-33
2. Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these Ordinance(s) ln this office
on November 18, 1985.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
~~Q
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/
fl.QRIpt\ -State_()f the Arts
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1J)annp JL. 1Kolijage
lRANCH OFFICE
:117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
'EL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852-9253
January 6, 1986
Mr. Robert L. Leslie
vice-president--Supplements
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32304
In Re:
copies of Ordinances, Monroe County, Florida
Dear Mr. Leslie:
Due to a change in personnel, you may not have received certified
copies of Ordinances 028-1985 through 034A-1985, inclusive. Therefore,
we are sending said copies for inclusion in the Monroe County, Florida
Code of Ordinances.
please contact us if you need any further information.
S(inJJrelY, /? ()---
c.7(L~ CtLL ~jj--!:J~;a' {",.J.. (J
Laurle A. Freellng
Secretary to Mr. K~~age
Enclosures
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ACKNOWLEDGMENT
DATE:
Janual~ 14, 1986
TO:
lVbnroe County, Florida
(Supplement No. 25)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 028-1985 through
034A-1985, 036-1985, 037-1985
Please advise the date of adoption
for Ordinance No. 028-1985.
Thank you for your assistance and cooperation.
t~ fld~
Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation
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