Ordinance 053-2000
ORDINANCE No. 053 -00
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FILED BY THE
PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SEC. 9.5-4, DEFINITIONS, SEC.
9.5-233 THROUGH SEC. 9.5-238, SEC. 9.5-242,
SEC. 9.5-247, AND SEC. 9.5-248. THESE
CHANGES CONCERN PERMITTED USES TO
PERMIT PUBLIC WASTEWATER TREATMENT
FACILITIES IN VARIOUS LAND USE DISTRICTS
PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COpy OF
THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS.
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WHEREAS, the Development Review Committee met on April 6, 2000 and
May 5, 2000, conducted a public meeting and recommended approval to the Planning
Commission of the proposed amendments; and
WHEREAS, the Monroe County Planning Commission met on April 12, 2000
and May 10, 2000, and conducted public hearings in Marathon on the proposed
amendments and recommends the approval of the request; and
WHEREAS, the Monroe County Board of Commissioners on May 17, 2000
approved the Draft Wastewater Master Plan and adopted the final Sanitary Master
Plan for Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on June 14, 2000, July 27,2000 and August 17, 2000 and conducted a review
and consideration of the request filed by the Planning Department to amend Monroe
County Land Development Regulations, Sec. 9.5-4, Sec. 9.5-232 through 9.5-238,
Sec. 9.5-242, 9.5-244 through 9.5-249, and Sec. 9.5-252. These changes concerned
permitted uses to permit public wastewater treatment facilities in various land use
districts and to Sec. 9.5-249, Industrial Land Use District, to permit parking lots for
uses located in adjacent land use districts; and
WHEREAS, the Monroe County Board of County Commissioners at the public
hearing on August 17, 2000, received citizen input and requested the Planning
Department to revise the proposed amendment in order to change the level of
development review for those public wastewater treatment facilities located in
residential land use districts.
Page 1 of 5
WHEREAS, the Monroe County Board of County Commissioners at a public
meeting held on November 21, 2000, received citizen input and amended the
proposed amendment to apply only to wastewater nutrient reduction cluster systems
that serve less than ten (10) residences and deleted Section 9.5-232, Section 9.5-244,
Section 9.5-245 and Section 9.5-246 from this proposed ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
follows:
Section 9.5-4 of the Land Development Regulations shall read as
Sec. 9.5-4. Definitions
(W-1) Wastewater Nutrient Reduction Cluster Systems means wastewater treatment
systems that are designed to serve multiple residences which are located on more
than one lot. These systems are permitted by the Florida Department of Health.
(W-2) Wastewater treatment facility. .
(W-3) Wastewater treatment collection system. . .
(W-4) Water access walkway...
(W-5) Water at least four feet below mean sea level at mean low tide. . .
(W-6) Watercourse...
(W-7) Water-dependent facility
(W-8) Water(s) or community water...
(W-9) Water body or surface water...
(W-10) Water detention facility...
(W-11) Water retention facility...
(W-12) Watershed...
(W-13) Water table...
(W-14) Wetlands...
(W-15) Wet detention. . .
(W-16) Wet retention...
Section 2. Section 9.5-233 of the Land Development Regulations shall read as follows:
Page 2 of 5
Sec. 9.5-233. Urban Residential District.
(a) The following uses are permitted as of right in the Urban Residential District:
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 3. Section 9.5-234 of the Land Development Regulations shall read as follows:
Sec. 9.5-234. Urban Residential Mobile Home District.
(a) The following uses are permitted as of right in the Urban Residential Mobile
Home District:
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 4. Section 9.5-235 of the Land Development Regulations shall read as follows:
Sec. 9.5-235. Suburban Commercial District.
(a) The following uses are permitted as of right in the Suburban Commercial
District:
(13) Wastewater Nutrient Reduction Cluster Systems that serve less than ten
(10) residences.
Section 5. Section 9.5-235.1 of the Land Development Regulations shall read as
follows:
Sec. 9.5-235.1. Urban Residential Mobile Home-Limited District.
(a) The following uses are permitted as of right in the Urban Residential Mobile
Home-Limited District:
(8) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 6. Section 9.5-236 of the Land Development Regulations shall read as follows:
Sec. 9.5-236. Suburban Residential District.
(a) The following uses are permitted as of right in the Suburban Residential
District:
Page 3 of 5
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 7. Section 9.5-237 of the Land Development Regulations shall read as follows:
Sec. 9.5-237. Suburban Residential District (Limited).
(a) The following uses are permitted as of right in the Suburban Residential
District (Limited):
(8) Wastewater Nutrient Reduction Cluster Systems that serve less than ten
(10) residences.
Section 8. Section 9.5-238 of the Land Development Regulations shall read as follows:
Sec. 9.5-238. Sparsely Settled Residential District.
(a) The following uses are permitted as of right in the Sparsely Settled
Residential District:
(4) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 9. Section 9.5-242 of the Land Development Regulations shall read as follows:
Sec. 9.5-242. Improved Subdivision District.
(a) The following uses are permitted as of right in the Improved Subdivision
District:
(4) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 10. Section 9.5-247 of the Land Development Regulations shall read as
follows:
Sec. 9.5-247. Commercial Fishing Special District.
(u) The following uses are permitted as of right in all Commercial Fishing Special
Districts:
(1) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 11. Section 9.5-248 of the Land Development Regulations shall read as
follows:
Page 4 of 5
Sec. 9.5-248. Mixed Use District.
(a) The following uses are permitted as of right in all Mixed Use Districts:
(17)Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Section 12. 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 invalidity.
Section 13. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the said conflict.
Section 14. This ordinance is hereby transmitted to the Department of
Community Affairs to be reviewed for compliance with Chapter 380, Florida Statutes.
Section 15. 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 approving this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners Monroe
County, Florida, at a regular meeting held on the 21st day of November
AD., 2000.
Mayor George Nugent
Mayor Pro Tem Nora Williams
Commissioner Sonny McCoy
Commissioner Dixie Spehar
Commissioner Murray Nelson
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BOARD OF COUNTY COMMISSIONERS
/F MONROE COUNTY, FLORIDA
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BRANCH OFFICE
3117 OVERSEAS IDGHWA Y
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS IDGHWAY
PLANTA nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
January 11, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please a find certified copy of the following Ordinance:
Ordinance No. 053-2000 approving the request filed by the Planning Department to
amend the Monroe County Land Development Regulations, Sec. 9.5-4, definitions, Sec. 9.5-233
through Sec. 9.5-238, Sec. 9.5-242, Sec. 9.5-247, and Sec. 9.5-248. These changes concern
permitted uses to permit Public Wastewater Treatment Facilities in various land use districts
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code; and directing the Clerk of the Board
to forward a certified copy of this Ordinance to the Florida Department of Community Affairs
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on November 22,2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
January 11, 2001
Page 2
Ordinance 053-2000
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tarnpa/Hillsborough County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
RINGLING MUSEUM OF ART
January 17, 2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 11, 2001 and certified copy of Monroe County
Ordinance No. 053-2000, which was filed in this office on January 16, 2001.
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.jl.us
DCA Final Order No. DCAOI-OR-029
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 053-2000
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 053-2000 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 January 22, 2001, the Department received for review Monroe County Ordinance
No. 053-2000 which was adopted by the Monroe County Board of County Commissioners on
November 21,2000 ("Ord. 053-2000"). Ord. 053-2000 amends the list of permitted uses to
include wastewater nutrient reduction cluster systems as of right in the following zoning districts:
Urban Residential (UR), Urban Residential Mobil Home (UR-M), Urban Residential Mobile
Home-Limited (UR-M-L), Suburban Commercial (SC), Suburban Residential (SR), Suburban
Residential Limited (SR-L), Sparsely Settled (SS), Improved Subdivision (IS), Mixed Use (MU)
DCA Final Order No. DCAOI-OR-029
and Commercial Fishing Special District (CFSD).
3. Waste nutrient reduction cluster systems are designed to serve multiple residences
which are located on more than one lot. By allowing such systems as of right in several zoning
districts, Monroe County is encouraging a cost-efficient method of wastewater disposal and
encouraging the timely replacement of septic tanks, cesspits and other sub-standard wastewater
treatment systems.
4. Ord. 053-2000 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. SS 380.05(6) and (II), Fla. Stat., and S 380.0552(9), Fla. Stat. (2000).
6. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2000) 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 of land. S 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 053-2000 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
2
DCA Final Order No. DCAOI-OR-029
"Principles"). 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. S 380.0552(7), Fla. Stat. (2000).
9. Ord. 053-2000 promotes and furthers the following Principles, S380.0552(7), Fla.
Stat. (2000):
(b) To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
(e ) To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and amortized life of
existing and proposed major public investments, including:
2. Sewage collection and disposal facilities;
(i) To limit the adverse impacts of public investments on the environmental
resources of the Florida Keys.
(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.
Ord. 053-2000 is not inconsistent with the remaining Principles. Ord. 053-2000 is consistent
with the Principles for Guiding Development as a whole.
3
DCA Final Order No. DCAOI-OR-029
WHEREFORE, IT IS ORDERED that Ord. 053-2000 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. 0 AS BECK, DIRECTOR
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
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.
4
DCA Final Order No. DCA01-0R-029
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
REBUTT AL 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 28-106.402, 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.
5
DCA Final Order No. DCAOI-OR-029
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 correct cories. have. been furnished to
the persons listed below by the method indicated this Iv 1)1 day of vi ) tl / ~ t' </1. , 2001.
~!d,LL{~~ ~ 4-t7 rI
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Paula Ford, Agency Clerk
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy 1. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
6