Ordinance 030-2005
ORDINANCE NO. 030- 2p05
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS TO CREATE A DEFINITION FOR
MASTER PLANNED COMMUNITY IN SECTION 9.5-4(M-6.1), ELIMINATE
CERTAIN OBSOLETE AND SUPERFLUOUS PROVISIONS OF SECTION 9.5-
231 AND PROVIDE AN EXCEPTION TO THE DEVELOPMENT REVIEW
PROCEDURES AND REQUIREMENTS FOR LARGE SCALE, MASTER
PLANNED COMMUNITIES; PROVIDING THAT ALL CONDITIONAL USES
WITHIN A MASTER PLANNED COMMUNITY OF GREATER THAN 100
ACRES ARE REVIEWED AND APPROVED INACCORDANCE WITH THE
CRITERIA AND PROCEDURES FOR PERMITTED AS OF RIGHT USES;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES;
WHEREAS, the Monroe County Board of County Commissioners during a
public hearing on October 19, 2005 reviewed and considered the proposed amendment to
the Land Development Regulations to create a definition for Master Planned
Communities of 100 acres or greater and provide an exception to the land development
regulations review procedures for a conditional use provided that that all other provisions
of the LDR are met.
WHEREAS, large scale, master planned developments are self-contained
communities, with an organizational entity having the authority to enforce development
standards of the community beyond those required by Monroe County in it's Land
Development Regulations; and
WHEREAS, these self-contained, large scale master planned communities provide
comprehensive, private utility services, and transportation facilities and services within their
boundaries and are gated, where all public access is controlled; and
WHEREAS, the intensity and density of development within these master planned
communities are controlled through a master plan approved by Monroe County; and
WHEREAS, the impacts of development on the existing community and
infrastructure facilities are predominately contained within tIle boundaries ofthese large scale
planned communities; and
WHEREAS, standards and review procedures comnumly applied to proposals within
unincorporated Monroe County are often less applicable within a master planned community
with a formulized internal project review process; and
Page 1 of 4
WHEREAS, the requirement for conditional use approval for development within
large scale master planned communities is cumbersome, CQstly for both the applicant and
Monroe County, and needlessly prolongs the approval process without tangible,
commensurate benefits for the public's health, safety, and welfare; and
WHEREAS, the Planning and Environmental Resources Department has
prepared this amendment to the LDR and recommend approval of the proposed
amendment to the Board of County Commissioners; and
WHEREAS, during a regularly scheduled meeting held on September 28th,
2005, the Planning Commission after conducting a public hearing and recommended
approval of the proposed amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the Land Development Regulations recommended by the Planning
Commission and the Planning and Environmental Resources Department tu create a
definition for master planned community in section 9.5.4(m-6.1), to eliminate certain
obsolete and superfluous provisions of section 9.5-231 and provide an exception to the
development review procedures and requirements for large scale, master planned
communities; providing that all conditional uses within a master planned community of
greater than 100 acres are reviewed and approved in accordance with the criteria and
procedures for permitted as of right uses; and,
WHEREAS, the Board of County Commissioners finds the proposed
amendments are consistent with and further the goals, objectives and policies of the Year
2010 Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-4 (M-6.1), Monroe County Code, is hereby renumbered to Section
9.5-4 (M-6.2) and Section 9.5-4 (M-6.1) is hereby renumbered to Section 9.5-4(M-6.3).
Section 2. New Section 9.5-4 (M-6.1), Monroe County Code, is hereby created that reads as
follows:
"(M-6.1), Master vlanned communitv means any master n1anned community subiect to a
master plan or other development order approved by Monroe County where public access is
restricted and the community is operated and maintained QV the community including the
provision of comprehensive. private utilities and transportation facilities and services within
its boundaries and a homeowners association or similar ent\tv which regulates development
standards and monitors development requests by its members."
Section 3. Section 9.5-231(b) is hereby amended as follows:
"(b), Nohvithstaarnng any provision of this division, all development listed as permitted as of
right within a mapped land use distriot with an area of one (1) aore or less, other than a
oommeroia1 fishing distriot, shall be oonsidered as a miaor oenditiona11:lse. Notwithstanding
Page 2 of 4
any provision of this division. all development listed as a ~onditiona1 use within a master
planned community of one-hundred or more acres in area. shall be reviewed and processed as
a use permitted. as of right. A pre-application conference shall be required prior to the
submittal for development approva11isted as a conditional us~.
Section 4. Delete Section 9.5-231(c).
Section 5. Section 9.5-231(d) is hereby renumbered as Section 9.5-231(c).
Section 6. 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 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 8. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid
on the effective date of this ordinance; and does not affect the validity of any bond or cash
deposit posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 9. 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 approving the ordinance.
Section 10. 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.
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 numbered to conform to the uniform numbering system of the Code.
- The remainder of this page is left blank -
Page 3 of 4
PASSED AND ADOPTED by the Board of County COlIlJIlissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of October, A.D. ,
2005.
Mayor Dixie Spehar Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner Georg~ Neugent Yes
Commissioner David Rice Yes
Commissioner Murray E. Nelson Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY/P# m ~
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
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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
November 17, 2005
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9518
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 027-2005 authorizing a Lump Sum Years of Service Award to certain
eligible volunteer firefighters who have provided at least ten years of fire, rescue and emergency
medical services to the residents and visitors of Monroe County and whom each have reached the
age of sixty.
Ordinance No. 028-2005 to amend the Monroe County Land Use District Map to include
a Tier Overlay Map District designation on all land in Big Pine Key and No Name Key and
designating boundaries for Tier I, Tier II and Tier III as required in the Master Plan for;Big Pine
Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in
Section 9.5-256; Providing for repeal of all Ordinances inconsistent herewith; Directing the
Planning and Environmental Resources Department to transmit a copy of this Ordinance to the
Florida Department of Community Affairs; and Providing for an effective date.
Ordinance No. 029-2005 to amend the Monroe County Land Development Regulations
to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System for Big Pine
Key and No Name Key by renumbering existing Section 9.5-256 to 9.5-271; creating anew
Section 9.5-256, Tier Overlay District; Providing criteria for designation of tier boundaries for
Big Pine and No Name Key; Providing a mechanism for Tier Overlay District Map Amendments;
Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the
Monroe County Code of Ordinances; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date.
Ordinance No. 030-2005 to amend the Monroe County Land Development Regulations
to create a definition for Master Planned Community, in Section 9.5-4(M-6.1), eliminate certain
obsolete and superfluous provisions of Section 9.5-231 and provide an exception to the
Development Review Procedures and Requirements for large scale, Master Planned Communities,
providing that all conditional uses within a Master Planned Community of greater than 100 acres
are reviewed and approved in accordance with the criteria and procedures for permitted as of
right uses; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation in the Monroe County Code of Ordinances.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on October 19,2005. Please file for record, Should you
have any questions, feel free to contact my office at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: S2,olJ C. &;JClW-&;}
Isabel C. DeSantis, Deputy Clerk
cc: County Administrator
Growth Management Director
County Attorney
BOCC
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If YES,enter delivery address below:: 'No
Program Administrator NOV 21 2005.
Administrative Code and Weekly C
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City.State, lifahassee, FIiiida 323-g8=11250
PS Form 3800,June 2002 See Reverse for Instructions
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
November 22, 2005
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Ko1hage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letters dated November 17, 2005 and certified copies of Monroe County Ordinance
Nos. 023-2005 and 027-2005 through 030-2005, which were filed in this office on November 21,
2005.
Sincerely,
~ CQaJ)
Liz Cloud
Program Administrator
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DSTATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.fl.us
DLEGISLA TIVE LIBRARY SERVICE 0 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
DCA Final Order No.: DCA06-0R-059
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 030-2005
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The Department of Community Affairs (the "Department") hereby issues its Fi~al @er, ~
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pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2005), approving a land
/
FINAL ORDER
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 December 30, 2005, the Department received for review Monroe County
Ordinance No. 030-2005 which was adopted by the Monroe County Board of County
Commissioners on October 19, 2005 ("Ord. 030-2005").
3. The Ordinance provides for expediting the planning approval process for large
master planned communities that area gated, provide their own infrastructure, and that contain at
least 1 00 homes. The only development that falls within this category in the Keys is Ocean
Reef, which is a vested development that has been building out since 1973.
4. Ordinance 030-2005 is consistent with the 2010 Monroe County Comprehensive
Plan.
DCA Final Order No.: DCA06-0R-059
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 S 380.0552(9), Fla. Stat. (2005).
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2005) 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. (2005). The
regulations adopted by Ord. 030-2005 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 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.
9. Ord. 030-2005 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.
10. Ord. 030-2005 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 030-2005 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
2
DCA Final Order No.: DCA06-0R-059
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
ER
State Plann 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
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
WRlTTEN 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 MA TERIAL 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
3
DCA Final Order No.: DCA06-0R-059
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 BOULEV ARD, 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.: DCA06-0R-059
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 th.i.Stit~:~ fFebruary,2006.
>>
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Miriam Snipes, Deputy gency Clerk
By U.S. Mail:
Honorable Charles McCoy
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
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5