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Ordinance 014-2005 ORDINANCE No.014-2005 AN ORDINANCE AMENDING THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS, CHAPTER 9.5, SECTIONS 349(b) AND 349(0), REGARDING SHORELINE SETBACKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) IN ACCORDANCE WITH FLORIDA STATUES. WHEREAS, Objective 101.8 of the Momoe County Year 2010 Comprehensive Plan calls for the elimination or reduction in frequency of structures or uses which are inconsistent with applicable codes and land development regulations; and WHEREAS, Policy 212.2.3 of the Momoe County Year 2010 Comprehensive Plan establishes a principal structure setback of at least twenty (20) feet along altered shorelines including manmade canals, channels, and basins; and WHEREAS, many smaller residential lots along lawfully altered shorelines were legally developed prior to the Comprehensive Plan with principal structures set back within the twenty (20) foot shoreline setback; and WHEREAS, while older homes could continue to be maintained, replacement of ground level and mobile homes with larger, FEMA approved raised modular homes on smaller lots was not possible due to the shoreline setback requirement; and WHEREAS, on December 17, 2003, the Board of County Commissioners adopted Ordinance No. 049-2003 and Ordinance No. 049A-2003 amending Policy 212.2.3 of the Comprehensive Plan and Section 9.5-349 of the Land Development Regulations, respectively, which provided for a reduction of the shoreline setback for smaller, legally developed lots; and WHEREAS, those amendments resulted in some confusion and citizen concerns in affected communities where redevelopment is occurring; and WHEREAS, conflicts exist within Section 9.5-349 regarding the application of those amendments; and WHEREAS, new issues regarding shoreline setbacks in recreational vehicle (R V) parks have arisen which were not addressed in the previous amendments to Section 9.5- 349; and Page 1 of 4 WHEREAS, the Monroe County Planning and Environmental Resources Department is proposing additional amendments to Section 9.5-349 of the Monroe County Land Development Regulations in the interest of clarity and comprehensiveness, in order to eliminate conflicts within that section, and to address new concerns regarding shoreline setbacks within RV parks; and WHEREAS, at a regular meeting on May 3, 2005, the Development Review Committee considered the proposal and recommended approval of the proposed amendments to the Planning Commission in Resolution No. D25-01; and WHEREAS, at a regular meeting on May 25,2005, the Monroe County Planning Commission, sitting as the local planning agency, after due notice and public participation in the public hearing process, conducted a public hearing and recommended approval of the proposed amendments to the Board; and WHEREAS, based on the above findings, the Board has determined that it is necessary and desirable to amend the above referenced Land Development Regulations; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Section 9.5-349 of the Monroe County Land Development Regulations is hereby amended to read as follows: Section 9.5-349(b) (1) 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 (MHW) line, except as allowed in (2), below: (2) Along lawfully altered shorelines including manmade canals, channels, and basins, which are developed with a lawfully established principal use, the required setback on parcels less than 4,000 square feet may be reduced to a minimum often (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; Page 2 of 4 c. Shoreline vegetation is protected; d. Open space ratios are maintained; e. Stormwater runoff from the entire site is managed on-site using Best Management Practices utilizing berms and infiltrating runoff; (3) (4) Section 9.5-349(0) (4) All principal structures lawfully existing within the shoreline setback along manmade canals, channels, or basins, on parcels less than 4,000 square feet may be rebuilt in the same footprint provided that there will be no expansion of the footprint within ten (10) feet of the mean high water (MHW) line and there will be no adverse impacts on stormwater runoff, navigation or turtle nesting habitat. (5) In licensed RV parks adjacent to manmade canals, channels, or basins, road ready vehicles may be parked no closer than ten (10) feet from the mean high water (MHW) line provided that; a. No previously approved site plan has established shoreline setbacks greater than ten (10) feet from mean high water (MHW) for RV parking; b. 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; c. Shoreline vegetation is protected and any required district boundary bufferyards are provided; d. Open space ratios are maintained; e. Storm water runoff from the entire site is managed on-site using Best Management Practices. Page 3 of 4 Section 2. 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. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 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 Florida Department of Community Affairs or Administrative Commission approving the ordinance. Section 6. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. a e:: o C,.) l..W a: C:: o lA_ PASSED AND ADOPTED by the Board of County Commissioners of Monroe (]IJuntl~ Fl2[ida, at a regular meeting ofthe Board held on the 15th day of June 2~5 \.:J -J N .<1: .LI... :x:~>= z: -J 0 I- Q,. 0':2: :X:Sc:::> C) -<'>0 ('I) ....J.o z_ >-:Ct.a.J :2;-Jo =7 :.r:: 0 er:: :~ ::z: tr.' , ) 9,_ c :;,"' (.~ ~..!.;... Mayor Dixie M. Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Neugent Commissioner David P. Rice Commissioner Murray E. Nelson Yes Y..es- Yes Yes Yes x~tJ'k~~ d'(.(iC~'~~ /".,\'J ~"t'\o;', ~/':i{//~) '1.' };-~"';'\ \ ~\ 01 /::;"\" Ii P \_\ ,\\ ..;/ c/.~\'\ ""', 'l ~:\ ;J./ ,b \.,,~ '~'l \ ~\tt ,: :~A ~}:,: ,~~; ilfl' Mayor Dixie Spehar ~~\\t\.. :/,>:;, ,,<'j,;;;',I;. AL) ,.,., { ../" t'?: W, ~ ~ Y L. 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'5ai ai o~ 5~~<Ii-65- ~<( <( <( Cl.O 0 z> LL1Ja:2col!! (.)....s... . ~ v' o. c. 5" '- c " <1l '" C C '" ~ n; iri ~ ~Q) 0.., ~~ ' :13~ (1)-0 .~ ~.~ ~~ ~ ~~ c:e. c:- :g.~ CD (1)= '~'c; co .9- ~o ~ '" E m'~ Q.OJ-o .~:; = Q) ~= ~ .:.:: CD B:E ~5~ e:: .:::t:. c.....::.::ctS _ A? ~ -0<0 ~ :;";; .2.... ~Ea.~~ .be '~~E-'O ~~ "tJn::=c Q)o .~a:s~ ~.~ .c Q) 0..== ctI en c :5 me,;; f!c ~~ ~.~= c.= E.-~ '-~ <<J "C E ~'<:- 'iijC01J ~... ~<(~ ::;.5 ~ c > ...... _ VJ "Q.:'E ui := c~ ~o"fi '-.- ~~a ~~S ~~~ ctS"01::::0Q) 2:?~LL. a)"'O~ CD--o U)._"C1 2~.g u~-o 0_- c 'C- Q).- Q) :5~ C'a ~2~ S~~ CD Q~ .QS!?= au; ~ ~-Q. :t:::ct1-..x::o_U):< :g_tnai (ija.g .:.:~~ Cll:JlE E1!lJl :z:u c:m~ 0-:;: <C'a~ ctS ~ 0 8.a;.~ ~ a; : ):g-g <<J20 o~~ lLt1jCV ~o e Q. QJ"C1 . . ~~~ DCA Final Order No.: DCA05-0R-152 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FINAL ORDER '" -., :x c::;:) c.; c::;:) 0 c.n r z 1> :x- rT'1 :::0 (') c: 0 Or- G') rT'l =", ." ("). {" 0 on ::0 c: ::0 >,' z. c: ~ ::0 -1(")""- :J:: ,." ~,...-j:r. . . > ~ ~ -" CI 0 ,... I'T1 &" :::0 ~ r:::i \D In re: MONROE COUINTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 014-2005 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. O~ly 13,2005, the Department received for review Monroe County Ordinance No. 014-2005 which was adopted by the Monroe County Board of County Commissioners on June 15,2005 ("Ord. 014-2005"). 3. The purpose ofOrd. 014-2005 is to amend the Monroe County Land Development Regulations Chapter 9.5, ~~ 349(b) and 349(0) regarding shoreline setbacks. This Ordinance provides for severability, the repeal of all ordinances inconsistent with ordinance 014-2005, incorporation into the Monroe County Code, an effective date and transmittal to the Department of Community Affairs. 4. Ord. 014-2005 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 DCA Final Order No.: DCA05-0R-152 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. 014-2005 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. 014-2005 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. (b) This Ordinance furthers Principle (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pine lands), dune ridges and beaches, wildlife, and their habitat. 10. Ord. 014-2005 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 014-2005 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-152 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. SL. Sta lanning 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 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 mSTIFY 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 mDGE 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 3 DCA Final Order No.: DCA05-0R-152 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. 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. 4 DCA Final Order No.: DCA05-0R-152 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 copies have been furnished to the persons listed below by the method indicated this t;t.6 day of August, 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: Jim Quinn, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5