Ordinance 049A-2003
ORDINANCE NO. 49A -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND SECTION 9.5-349 (SHORELINE
SETBACKS) OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS REDUCING THE SETBACK FOR LOTS UNDER FOUR
THOUSAND (4,000) SQUARE FEET; 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, Objective 101.8 of the Monroe County Year 2010 Comprehensive
Plan states "Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations and the
Future Land Use Map, and structures which are inconsistent with applicable codes and
land development regulations;" and
WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive
Plan states, in part, "Along lawfully altered shorelines including manmade canals,
channels, and basins, principal structures shall be set back at least twenty (20) feet as
measured from the mean high water line;" and
WHEREAS, many residential lots on lawfully altered shorelines, especially those
smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive
Plan were developed with principal structures built within the twenty (20) foot shoreline
setback; and
WHEREAS, because of the small lot size, it is not possible to replace an existing
mobile home with the new larger factory built modular homes and set back the required
twenty (20) feet as measured from the mean high water line; and
WHEREAS, while older homes can continue to be maintained, it is difficult to
expand or replace them with a larger FEMA approved raised home; and
WHEREAS, there is no possibility of relaxing these setback regulations by
permitting a waiver or variance of the current regulations the owners of the smaller lots
are subject to an unnecessary burden for which there is no amelioration; and
WHEREAS, on October 13, 2003, DCA responded to the County's transmittal
resolution NO. 189-2003 with an Objections, Recommendations and Comments report
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(ORC) requiring additional data and limits to the areas where setbacks could be reduced;
and
WHEREAS, the Planning Department has completed the additional studies and
modified the proposal to only apply to lots less than 4,000 Square Feet developed with a
lawfully established principal use. The setback along lawfully altered shorelines may be
reduced to ten (10) feet provided that storm water runoff is minimized by the use of
berms, swales and other recognized methods of controlling runoff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
I. Deleted teKt is striketm-ough
New text is underlined
Section 1. Section 9.5-349(b)(2) ofthe Monroe County Land Development Regulations
is hereby amended as follows:
Section 9.5-349(b)(2)
2. Along lawfullv altered shorelines including manmade canals. channels. and
basins. which are developed with a lawfullv established principal use. the required
setback on parcels less than 4.000 Square Feet may be reduced to a minimum of
ten (10) feet provided that:
a, The total combined area of all structures. principal and accessory. does not
OCCUPy more than sixty (60) percent of the upland area of the required
twenty (20) foot shoreline setback:
b. The proposed development protects the character and over water views of
the community:
c. Shoreline vegetation is protected: and
d. Open space ratios are maintained.
b~
~4.
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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Section 4. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 14th day of July , A,D., 2003
Commissioner Dixie Spehar Yes
Mayor Murray Nelson Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Mayor Pro tem David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Nelson
ATTEST: DANNY KOHLAGE, CLERK
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DEPUTY CLERK
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ<(305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ<(305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ<(305) 852.7146
April 14, 2005
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 70041160 00071974 9989
Dear Mrs. Cloud,
Enclosed please find a certified copy of the following:
Ordinance 049A-2003 approving a request of the Monroe County Planning Department to
amend Section 9.5-349 (Shoreline Setbacks) of the Monroe County Land Development
Regulations reducing the setback for lots under four thousand (4,000) square feet; providing for
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on December 17, 2003, 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: ~M e. fJv}{~
Isabel C. DeSantis, /D. C.
cc: Growth Management
County Attorney
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or on the front if space permits.
1. Article Addressed to:
Department of State
Bureau of Adm~nistrative Cooe
The CqUins auil~ing
107 West Gai~s Street. Suite L43
Tallahassee, Florida J~399.0250
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Domestic Return Receipt
102595.02.M-154
DCA Final Order No.: DCA05-0R-110
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 049A-2003
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla, Stat., and ~ 380.0552(9), Fla, Stat, (2004), 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 April 21, 2005, the Department received for review Monroe County Ordinance
No. 049A-2003 which was adopted by the Monroe County Board of County Commissioners on
December 17,2003 ("Ord. 049A-2003"). Through oversight by Monroe County, the Department
did not receive Ordinance No. 049A-2003 in a timely manner.
3. The purpose ofOrd. 049A-2003 is to allow a setback of 10 feet for lawfully
established principal uses along lawfully altered shorelines, provided they are on lots of less than
4,000 square feet. The Ordinance also requires that the combined area of all structures, principle
and accessory, does not occupy more than sixty percent ofthe upland area of the required 20 foot
setback; that the proposed development protects the character and over water views of the
community; tha~eline vegetation is protected; and that open space ratios are maintained.
4. Ord. 049A-2003 is consistent with the County's 2010 Comprehensive Plan.
DCA Final Order No.: DCA05-0R-110
CONCLUSIONS OF LAW
5. 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. ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla, Stat. (2004).
6. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla, Stat. (2004) and Rule 28-29.002 (superseding Chapter 27F-8), Fla,
Admin. Code.
7, "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031 (8), Fla, Stat. (2004), The
regulations adopted by Ord. 049A-2003 are land development regulations.
8. 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 ~ 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.
9, Ord. 049A-2003 promotes and furthers the following Principle:
(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.
(b) To protect shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
10. Ord, 049A-2003 is consistent with the Principles for Guiding Development as a
whole.
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DCA Final Order No.: DCA05-0R-110
WHEREFORE, IT IS ORDERED that Ord. 049A-2003 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.
DONE AND ORDERED in Tallahassee, Florida.
J ES L UINN,
S TE PLANNING ADMINISTRATOR
Division 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
MA TERIAL 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 MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
3
DCA Final Order No.: DCA05-0R-110
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 RECOMMENpED ORDER.
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.
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DCA Final Order No.: DCA05-0R-110
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true ap>l99rrect copies have been furnished
to the persons listed below by the method indicated this ~tt:/lay of June, 2005,
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
Timothy J, McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
James L. Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5