Ordinance 008-2005 •
•
ORDINANCE NO. 008 -2005
AN ORDINANCE REPEALING BOCC ORDINANCE 011-2004
AND AMENDING THE 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,
AMENDING SECTIONS 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, Board of County Commissioners Ordinance 011-2004 contained
scrivener's errors when signed; and
WHEREAS, to correct the scrivener's errors this ordinance shall be repealed and
replaced with a new ordinance containing the content of the previous ordinance; and
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WHEREAS,this deletion removes those older fees that are no longer applicable;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
Page 1 of 5
•
i
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, these proposed text changes were reviewed and recommended for approval
by the DRC on January 15, 2004 and the Planning Commission on February 11, 2004.
WHEREAS, the Monroe County Board of County Commissioners 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, Monroe County Board of County Commissioners finds that the
proposed change is consistent with the goals of the Monroe County Year 2010
Comprehensive Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,that :
Section 1. Board of County Commissioners Ordinance 011-2004 is hereby repealed
in its entirety.
Section 2. Create new Section 9.5-21 (i) as follows:
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
overall 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
Page 2 of 5
afforded an opportunity to comment on the proposed fees. The fees
established shall generally be nonrefundable; provided, however, the
GMD Director may approve a refund of up to fifty (50) percent of the fee
upon good cause shown by the applicant and the finding that the refund
will not result in GMD staff time costs or material costs already expended
going unreimbursed.
Section 3. Amend Sec. 9.5-491 (c) as follows:
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, shall pay, prior to the
issuance of a certificate of occupancy, either an alternate fee amount based •
upon the preparation of traffic impact analysis pursuant to subsection (d)
of this section or, a fair share transportation fee as established by
resolution of the Board of County Commissioners.
Section 4. Amend Section 9.5-492(c)as follows:
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 initiate any new residential land development
activity that places an increased demand on the county's community park
facilities shall pay prior to the issuance of a certificate of occupancy,
either an alternate fee amount based upon the preparation of an individual
assessment pursuant to paragraph (2) of this subsection or, a fare share
park fee established by resolution of the Board of County Commissioners.
Section 5. Amend Section 9.5-493(c)(1) as follows:
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 initiate any new residential land development
activity that places an increased demand on the county's library facilities
shall pay, prior to the issuance of a certificate of occupancy, either a fee
amount based upon the preparation of an individual assessment in
paragraph (2) of this subsection or, a fair share library fee as established
by resolution of the Board of County Commissioners.
Page 3 of 5
Section 6. Amend Section 9.5-494(b)(1) as follows:
Sec. 9.5-494. Fair share solid waste impact fee.
(b)Fee Schedule:
(1) Any person who shall initiate any new land activity generating solid
waste shall pay prior to the issuance of a certificate of occupancy either a
fee amount based upon the preparation of an individual assessment
pursuant to subsection(c) of this section or, a fair share solid waste fee as
established by resolution of the Board of County Commissioners.
SECTION 7. Amend Section 9.5-495(b)(1)as follows:
Sec. 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 shall pay, prior to the issuance of a
certificate of occupancy, either a fee amount based upon an individual
assessment pursuant to paragraph (2) of this subsection, or, a fair share
police facilities fee as established by resolution of the Board of County
Commissioners.
SECTION 8. Amend Section 9.5-522 as follows:
Sec. 9.5-522. —Reserved.
Section 9. 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 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 be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission fmding
the amendment in compliance with Chapter 380, Florida Statutes.
Page 4 of 5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of May , A.D., 2005.
Mayor Dixie Spehar Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner Murray Nelson Yes
Commissioner George Neugent Yes
Commissioner David P. Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
c BY # ice'
'' Mayor Dixie Spehar
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ATTEST: DANNY KOHLAGE, CLERK
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Page 5 of 5
• •
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 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
June 23, 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 7633
Dear Mrs. Cloud,
Enclosed please find a certified copy of each of the following:
Ordinance No. 008-2005 repealing BOCC Ordinance No. 011-2004 and amending the
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, amending Sections 9.5-491(a), Fair Share Transportation Impact Fee;
9.5-492(c), Fair Share Community Park Impact Fee; Section 9.5-493(c), Fair Share Library
Impact Fee 9.5-494(b), Fair Share Solid Waste Impact Fee; 9.5-495(b), Fair Share Police
Facilities Impact Fee; and Section 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.
Ordinance No. 009-2005 approving a request filed by the Planning and Environmental
Resources Department to amend the Monroe County Land Development Regulations; Section .
9.5-269 concerning nonresidential open space requirements; 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 for an effective date.
•
Monroe County Clerk's Office
Ordinance Nos. 008 & 009-2005
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on May 18, 2005. 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 my 'ssioner
by:
Pamela Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
U.S. Postal Service,.
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PS Form 3800,June 2002 See Reverse for Instructions
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
June 30, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated June 23, 2005 and certified copIes of Monroe County Ordinance
Nos. 008-2005 and 009-2005, which were filed in this office on June 28, 2005.
Sincerely,
~~cQ
(W) <t Liz Cloud
c:: ~ UJ Program Administrator
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RA Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.f1.us
DLEGISLATIVE LIBRARY SERVICE o RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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DCA Final Order No.: DCAOS-OR-140
~
STATE OF FLORIDA :x c::;:) . ;
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DEPARTMENT OF COMMUNITY AFFAIRS 0 '- c:..M r
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MONROE COUNTY LAND DEVELOPMENT rT1 ;;< - .."
In re: n' c' 0
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REGULA nONS ADOPTED BY c:. ;;:; :.c. :::0
z. Co "'0 :::0
MONROE COUNTY ORDINANCE NO. 008-2005 -In. ::J:: rrI
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FINAL ORDER
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 June 29, 2005, the Department received for review Monroe County Ordinance No.
008-2005 which was adopted by the Monroe County Board of County Commissioners on May
18, 2005 ("Ord. 008-2005").
3. The purpose ofOrd. 008-2005 is to repeal and replace Ordinance 011-2004. It allows
the Monroe County Board of County Commissioners, by resolution, to establish fees to be
charged by the Monroe County Growth Management Division for land development
applications, permits, approvals, and appeals. Further, the Ordinance removes references to
older fee schedules for impact fees.
4. Ord. 008-2005 is consistent with the County's 2010 Comprehensive Plan.
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. S 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2004).
1
DCA Final Order No.: DCA05-0R-140
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. 008-2005 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. 008-2005 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.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
10. Ord. 008-2005 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 008-2005 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
DCA Final Order No.: DCA05-0R-140
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is tiled as described below.
DONE AND ORDERED in Tallahassee, Florida.
JAM L.Q
State anning Administrator
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 MA Y 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 MA Y 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 MA Y
3
DCA Final Order No.: DCA05-0R-140
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HA VE 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.
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- I 06.402, 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.
4
DCA Final Order No.: DCA05-0R-140
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 ~rrect copies have been furnished
to the persons listed below by the method indicated this ayof August, 2005.
~~~
r'ul. 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
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5