Ordinance 033-2005
ORDINANCE NO. 033 - 2005
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTIONS 9.5-293 (e) (4) and (f)
(2), MONROE COUNTY CODE, SURFACE WATER MANAGEMENT
CRITERIA, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County is obligated under Objective 1001.3, Monroe County Year 2010
Comprehensive Plan to adopt a Stormwater Management Master Plan; and
WHEREAS, Monroe County completed and adopted its Stormwater Management Master Plan in August
of2001;and
WHEREAS, Monroe County similarly is obligated under Policy 1001.1.3 Monroe County Year 2010
Comprehensive Plan, to adopt and update a comprehensive Stormwater Management Ordinance; and
WHEREAS, a Stormwater Management Ordinance was adopted in 1992 as Section 9.5-293, Land
Development Regulations, Surface Water Management Criteria; and
WHERAS, this Amendment to Section 9.5-293 is based upon the adopted Stormwater Management
Master Plan (2001) and constitutes a revision to the ordinance based upon current state standards for
surface water management and particularly those guiding discharge to Outstanding Florida Waters,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1.
9.5-293 (e) (4), Monroe County Code, is hereby amended as follows:
(4) Water quality considerations: All new surface water management systems will be evaluated
based on the ability of the system to prevent degradation of receiving waters and the ability to conform to
state water quality standards established in chapters 62-3, 62-25, and 62-40, Florida Administrative Code.
Developments which plan to discharge stormwater to Outstanding Florida Waters will need to provide
greater treatment as listed in Section 2.
Section 2.
Sec. 9.5-293 (f) (2), Monroe County Code, is hereby amended to read as follows:
(2) Water quality:
a. Projects shall be designed so that discharges do not degrade the receiving water quality, as set
forth in chapters 62-3, 62-25 and 62-40, Florida Administrative Code.
b. Retention/detention criteria: These criteria are based on the minimum treatment requirements
of Chapter 62-40, F AC. The volume which needs to be retained or detained is dependent
on the impervious area percent and whether or not the discharge is to sensitive receiving
waters as defined below.
(i) For projects that do not discharge directly to sensitive receiving waters, retention
and/or detention shall be provided for the first inch of rainfall or two and one half
(2.5) inches of rainfall times the percent of impervious coverage, dependent upon
the percent of impervious surface. The retention or detention volumes shall be
calculated according to the following formulae:
For impervious surface area percent of 40 percent or less:
Treatment Volume (acre feet) = Disturbed Area (acres) x 1 (inch) /12 (inches/foot)
For impervious surface area percent greater than 40 percent:
Treatment Volume (acre feet) = Disturbed Area (acres) x 2.5 (inches) x Percent
Impervious Area (%)/100(%)/12 (inches/foot)
Where Treatment Volume (acre feet) is the amount of stormwater treatment
necessary, disturbed area (acres) is defined under item (iii) below, and impervious
surface area percent is the total area of the impervious surface divided by the total
property area times 100.
(ii) Projects which discharge directly to sensitive receiving waters shall provide
the dry retention or detention volume according to the following formula:
Treatment Volume (acre feet) = C x Disturbed Area (acres) x 3.2 (inches)/12
(inches/foot)
Where Treatment Volume (acre feet) is the amount of stormwater treatment
necessary and C is the Rational Method runoff coefficient. The Rational Method
Coefficient for the water quality treatment volume calculations shall be 0.1 for
pervious areas and 0.95 for impervious areas.
(iii) Commercial or industrial projects shall provide at least one-half (0.50) inch
of dry detention or retention pretreatment prior to discharge to a disposal structure
such as a well, subsurface drainage basin, or trench, as part of the required
retention! detention.
(iv) For the purposes of this section, the "disturbed area" shall include the entire
lot except that the areas covered by the following "best management practices"
shall be subtracted from the calculation of disturbed area:
1. Forested upland areas / vegetative buffer strips (both natural and
man-made) which will be retained intact and over or through which
vehicular access or travel is not possible and will not occur, and
2. Open water surfaces and wetlands (saltmarsh, buttonwood,
mangroves, or freshwater marsh habitat types).
It will be the responsibility of the applicant to affirmatively demonstrate that the
best management practices used for the project are designed, constructed, and
maintained properly.
(iv) For the purposes of this section, "discharging directly to sensitive waters"
shall mean the discharge of runoff via a pipe or channel outfall to the near shore
waters, including canals, for which there is no intervening stormwater treatment
system such as those listed in 9.5-293(f) (2) b (iii). Sensitive receiving waters are
defined as:
Class I waters, Class II waters, Class III waters, Outstanding Florida Waters, and/or
canals connecting with these waters.
(v) Treatment storage recovery shall be estimated using a safety factor of two
for retention systems with supporting infiltration test(s).
(vi) Dry detention treatment volumes shall be "offline" allowing a bypass for
storms greater than 1.0,2.5, or 3.2 inches as applicable.
Section 3. In all other respects, 9.5-293, Monroe County Code, Surface Water Management Criteria
will be retained as currently codified.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 6. 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 7. This ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 380 F.S. for review and approval, modification, or rejection.
Section 8. This ordinance shall be filed in the Office of the Secretary of the Sate 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 pursuant to Chapter 380, F.S
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 16th day of November, 2005.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
. Commissioner Rice
'Commissioner Spehar
Yes
Yes
Yes
Yes
Yes
(S,"EAL)\V'-, ...
Attest:DA~LK()b:HAGE, Clerk
BY~~~~~
Deputy Clerk "
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
By
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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
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
January 24, 2006
Mrs, Liz Cloud, Program Administrator
Administrative Code and Weekly
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 700411600007 19747671
Dear Mrs, Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 033-2005 amending Sections 9.5-293 (e) (4) and (f) (2), Monroe County
Code, Surface Water Management Criteria, Providing for Severability; Providing for the repeal of
all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code
of Ordinances; and Providing an effective date,
Ordinance No. 034-2005 amending Sections 9,5-233 Urban Residential District (UR),
9,5-234 Urban Residential Mobile Home District (URM), 9.5-236 Sub Urban Residential District
(SR), 9.5-238 Sparsely Settled District (SS), 9,5-239 Native Area District (NA), and 9.5-242
Improved Subdivision District (IS) of the Monroe County Code to implement Policies 101.4.1,
10 1.4.3, 10 1.4.4 of the Comprehensive Plan; Providing for Severability; Providing for the repeal
of all Code Provisions and Ordinances inconsistent with this Ordinance; Providing for inclusion in
the Monroe County Code of Ordinances; Providing for the transmittal of this Ordinance to the
State Department of Community Affairs; and Providing for an effective date upon approval of this
Ordinance by the State Department of Community Affairs.
Ordinance No. 035-2005 creating Section 9.5-4 (C-23,1), (D-15.1), (F-13.I), (L9.1),
(L9.2), (L-9,3), (M-14,l), (0-7,1), (Y-l), (Y-2), (Y-3), and (Y-4), Definitions amending Section
9,5-352(b), Section 9,5-352(c), Section 9,5-352(d), Section 9.5-352(e), Section 9.5-352(i),
9.5-352(j), Required off-street parking; Amending Section Sections 9.5-353(c), Parking
Agreements; Amending 9,5-354(a), 9,5-354(b); Creating Section 9,5-354(c), Required number
and size of off-street loading spaces; Amending Section 9.5-355, Restriction on use of parking
and loading spaces; Monroe County Code; 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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meetings in formal session on November 16, 2005 and December 21, 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 Commissionerrs.
11)Yonzed
Isabel C. DeSantis, Deputy Clerk
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Program Administrator JAN 2 6 2006
Administrative Code and Weekly •
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
February 3,2006
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Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated January 24, 2006 and certified copies of Monroe County Ordinance
Nos. 033-2005 through 035-2005, which were filed in this office on January 26, 2006.
s~~
Liz Cloud
Program Administrator
LC/mp
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
DLEGISLATIVE 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 FinahOrder No.: DCA06-OR-060
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY a > o' --
ORDINANCE NO. 033-2005 rn
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FINAL ORDER
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The Department of Community Affairs (the "Department")hereby issues its Final`6rder,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9),Fla. Stat. (2005), 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 February 2, 2006, the Department received for review Monroe County
Ordinance No. 033-2005 which was adopted by the Monroe County Board of County
Commissioners on November 16, 2005 ("Ord. 033-2005").
3. The Ordinance amends Surface Water Management Criteria of the Monroe
County Land Development Regulations concerning stormwater drainage and provides for repeal
of all inconsistent ordinances.
4. Ordinance 033-2005 is consistent with the 2010 Monroe County 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 iIhe Florida Keys Area of Critical
State Concern. § 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2005).
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'1 l
DCA Final Order No.: DCA06-OR-060
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.05'52,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. § 380.031(8),Fla. Stat. (2005). The
regulations adopted by Ord. 033-2005 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. 033-2005 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) To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(e) To limit the adverse impacts of development on the quality of water
throughout 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.
10. Ord. 033-2005 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 033-2005 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
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DCA Final Order No.: DCA06-OR-060
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
T' YD. J ER
State Planni T 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
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENTS 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 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
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DCA Final Order No.: DCA06-OR-060
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.
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DCA Final Order No.: DCA06-OR-060
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 d correct copies have been furnished
to the persons listed below by the method indicated this d f February, 2006.
riam Snipes, Deputy ency 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