Ordinance 034-2005
ORDINANCE NO. 034-2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 SP ARSEL Y SETTLED DISTRICT (SS), 9.5-239
NATIVE AREA DISTRICT (NA), 9.5-242 IMPROVED SUBDIVISION
DISTRICT (IS) OF THE MONROE COUNTY CODE, TO IMPLEMENT
POLICIES 101.4.1, 101.4.2, 101.4.3, 101.4.4 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; PROVIDING FOR
THE TRANSMITTAL OF THIS ORDINANCE TO THE STATE
DEPARTMENT OF COMUMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE UPON APPROV AL OF THIS
ORDINANCE BY THE STATE DEPARTMENT OF COMMUNITY
AFFAIRS.
WHEREAS, Policies 101.4.1, 101.4.2, 101.4.3, and 101.4.4 of the Monroe County 2010
Comprehensive Plan mandate the adoption of land development regulations which allow
nonresidential uses that were listed as permitted uses in the Land Development Regulations
(LDRs) that were in effect immediately prior to the institution of the 2010 Comprehensive Plan
(pre-2010 LDRs), and that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and/or substantially improve provided that the uses are limited in intensity,
floor area, density and to the type of use that existed on January 4, 1996 or limited to what the
pre-2010 LDRs allowed, whichever is more restrictive, and
WHEREAS, the current land development regulations do not recognize, respect, or allow
nonresidential uses that have historically provided goods and services to the community, which
are considered to be compatible with surrounding land uses according to community standards
and have not created a nuisance, to redevelop, reestablish or make substantial improvements, and
WHEREAS, the inability of owners of recognized and respected nonresidential uses rendered
nonconforming by the 20 I 0 comprehensive plan to redevelop and make substantial
improvements to these structures has caused the continual degradation of the quality and safety
of the structures over time, and
WHEREAS, numerous workshops were held to define the public's interest regarding the issue
of nonresidential uses rendered nonconforming by the 2010 comprehensive plan, which
prohibited redevelopment, reestablishment, and substantial improvements to be made to
properties, resulting in a reluctance of property owners to make reinvestments in their businesses
without reassurance that they could redevelop, reestablish, or make substantial improvements to
their businesses after a natural disaster, and
WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make
substantial improvements, in the aftermath of a hurricane, to recognized and respected businesses
Page 1 of 10
lawfully existing before the adoption of the 2010 comprehensive plan, the decaying structures in
which nonconforming uses are located will continue to degrade neighborhoods and community
character, and
WHEREAS, citizens have expressed a concern about how the degradation of recognized and
respected nonconforming, nonresidential uses will negatively impact their neighborhoods and the
quality of life in the Keys in general, and
WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment, and
WHEREAS, in light of the public's interest in preserving community character and the
economic viability of recognized and respected nonconforming businesses as expressed in their
concerns at public workshops, text amendments to Policies 101.4.1, 101.4.2, 101.4.3, and
101.4.4 of the 2010 comprehensive plan were adopted by the Monroe County Planning
Commission and Board of County Commissioners to grandfather the nonconformities, and were
found In Compliance by the Florida Department of Community Affairs (DCA), and
WHEREAS, there was no public challenge or opposition to the proposed comprehensive plan
amendments to grandfather nonresidential uses rendered nonconforming by the 2010
comprehensive plan, and
WHEREAS, this amendment is consistent with the Principles For Guiding Development in the
Florida Keys Area of Critical State Concern as a whole and is not inconsistent with any
principle, and
WHEREAS, policies to grandfather nonresidential uses in certain land use districts are now in
effect, and
WHEREAS, this amendment to the Land Development Regulations implements Policies
101.4.1, 101.4.2, 101.4.3, and 101.4.4 of the Monroe County 2010 comprehensive plan which
recognize and respect nonresidential uses lawfully established under the pre-1996 LDRs and pre-
2010 comprehensive plan that were rendered nonconforming by the 2010 comprehensive plan to
develop, redevelop, reestablish, and make substantial improvements limited to the intensity,
density and types of uses permitted in the pre 1996 LDRs and pre 2010 Comprehensive Plan for
the Land Use Districts in which they were located on or before January 4, 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS that the preceding Findings of Fact and Conclusions of Law
support its decision to APPROVE amendments to the Monroe County Code, Article VII.
Division 2, as follows;
Section 1. Amend Section 9.5-233 URBAN RESIDENTIAL DISTRICT (UR) as follows:
( c)(1 )
(c)(2)
(c )(3)
Page 2 of 10
(d) The following lawfully established nonresidential uses in the Urban Residential Land Use
District, which were rendered nonconforming by the 20 I 0 comprehensive plan, but listed as
permitted uses in the Land Development Regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-2010 LDRs) and lawfully existed on such lands
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in article III, division 3,:
(1) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea level at mean
low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving, and sport
fishing producers;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six (6) feet in height;
d. Vessels docked or stored shall not be used for live-aboard purposes; and
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996 or limited to the permitted uses and/or the provisions for minor or major
conditional uses allowed in the pre-1996 LDRs for this district, whichever is more
restrictive.
Section 2. Amend Section 9.5-234 URBAN RESIDENTIAL-MOBILE HOME DISTRICT
(URM) as follows;
(c) (1)
(c) (2)
(c) (3)
(d) The following lawfully established nonresidential uses in the Urban Residential-Mobile
Home Land Use District, which were rendered nonconforming by the 2010 comprehensive
plan, but listed as permitted uses in the Land Development Regulations that were in effect
immediately prior to the institution of the 2010 Comprehensive Plan (pre-201O LDR's) and
lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be
permitted to be redeveloped, make substantial improvements, or be reestablished as an
amendment to a major conditional use, subject to the standards and procedures set forth in
article III, division 3,:
(I) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea
level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving, and sport fishing producers;
c. Vessels docked or stored shall not be used for live-aboard purposes;
Page 3 of 10
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The use is limited in intensity, floor area, density and to the type of
use that existed on January 4, 1996 or limited to the permitted uses and/or
the provisions for minor or major conditional uses allowed in the pre-l 996
LDR's for this district, whichever is more restrictive.
(2) Commercial retail of low- and medium-intensity or office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet of floor
area, provided that:
a. The parcel of land on which the commercial retail use is to be located
abuts the right-of-way of U.S. 1, or a dedicated right-of-way to serve as a
frontage road for U.S. I;
b. The commercial retail use does not involve the sale of petroleum
products;
c. The commercial retail use does not involve the outside storage or
display of goods or merchandise with the exception that outside sales and
display for nurseries may be permitted with the stipulation that required
open space and required buffer-yards may not be used for display and
sales;
d. The structure in which the commercial retail use is to be located is
separated from the U.S. I right-of-way by a class C buffer-yard;
e. The structure in which the commercial retail use is to be located is
separated from any existing residential structure by a class C buffer-yard;
f. No signage other than one (1) identification sign of no more than four
(4) square feet shall be placed in any yard or on the wall of the structure in
which the commercial retail use is to be located except for the yard or wall
that abuts the right-of-way for u.s. I; and
g, The use is limited in intensity, floor area, density and to the type of
use that existed on January 4, 1996 or limited to the permitted uses and/or
the provisions for minor or major conditional uses allowed in the pre-l 996
LDR's for this district, whichever is more restrictive.
Section 3. Amend Section 9.5-236 SUB URBAN RESIDENTIAL DISTRICT (SR) as
follows;
(b )( 4 )
(b)(5)
(b)(6)
Page 4 of 10
(b )(7)
(b )(8)
(b )(9)
(c) (3)
(c) (4)
(c) (5)
(c) (6)
(c) (7)
(c) (8)
(d) The following lawfully established nonresidential uses in the Suburban Residential Land Use
District, which were rendered nonconforming by the 2010 comprehensive plan, but listed as
permitted uses in the Land Development Regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-201O LDRs) and lawfully existed on such lands
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in article III, division 3.
(1) Commercial retail of low- and medium-intensity or office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet of floor
area, provided that:
a. The parcel of land on which the commercial retail use is to be located
abuts the right-of-way of U.S. 1, or a dedicated right-of-way to serve as a
frontage road for U.S. 1;
b. The commercial retail use does not involve the sale of petroleum
products;
c. The commercial retail use does not involve the outside storage or
display of goods or merchandise with the exception that outside sales and
display for nurseries may be permitted with the stipulation that required
open space and required buffer-yards may not be used for display and
sales;
e. The structure in which the commercial retail use is to be located is
separated from the U.S. 1 right-of-way by a class C buffer-yard;
f. The structure in which the commercial retail use is to be located is
separated from any existing residential structure by a class C buffer-yard;
g. No signage other than one (I) identification sign of no more than four
(4) square feet shall be placed in any yard or on the wall of the structure in
which the commercial retail use is to be located except for the yard or wall
that abuts the right-of-way for U.S. I; and
Page 5 of 10
(i) The use is limited in intensity, floor area, density and to the type of
use that existed on January 4, 1996 or limited to the permitted uses
and/or the provisions for minor or major conditional uses allowed in
the pre-l 996 LDRs for this district, whichever is more restrictive.
(2) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea
level at mean low tide;
b. The use does not involve the sale of goods and services other than
private clubs, sport fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and
no boats or other equipment is stored on any elevated rack, frame or
structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height;
f. The parcel is separated from any established residential use by a class
C buffer-yard; and
g. The use is limited in intensity, floor area, density and to the type of use
that existed on January 4, 1996 or limited to the permitted uses and/or the
provisions for minor or major conditional uses allowed in the pre-1996
LDR's for this district, whichever is more restrictive.
Section 4. Amend Section 9.5-238 SPARSELY SETTLED DISTRICT (SS) as follows;
(c) (2)
(c) (3)
(c) (4)
(c) (5)
(d) The following lawfully established nonresidential uses in the Sparsely Settled Land Use
District, which were rendered nonconforming by the 2010 comprehensive plan, but listed as
permitted uses in the Land Development Regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-2010 LDRs) and lawfully existed on such lands
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in article III, division 3,:
Page 6 of 10
(1) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea level at
mean low tide;
b. The use does not involve the sale of goods or services other than boat
dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boats
or other equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence,
wall or hedge at least six (6) feet in height; and
f. The parcel is separated from any established residential use by a class C
buffer-yard; and
g. The use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limited to the permitted uses and/or the provisions
for minor or major conditional uses allowed in the pre-1996 LDRs for this district,
whichever is more restrictive.
(2) Solid waste facility, provided that:
a. The parcel of land is at least forty (40) acres;
b. All landfill activity occurs no closer than one hundred fifty (150) feet to any
property line and at least a class F buffer is provided within this setback;
c. No fill shall exceed thirty-five (35) feet in height from the original grade of
the property;
d. Such operations fully comply with F.S. S 403.701 et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely affect
surrounding properties; and
g. Road access to the side from U.S. I is limited to traffic serving the landfill;
and
h. The use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limited to the permitted uses and/or the provisions
for minor or major conditional uses allowed in the pre-1996 LDRs for this district,
whichever is more restrictive.
Section 5. Amend Section 9.5-239 NATIVE AREA DISTRICT (NA) as follows;
(c) (2)
(c)(3)
(c) (4)
(d) The following lawfully established nonresidential uses in the Native Area Land Use District,
which were rendered nonconforming by the 2010 comprehensive plan, but listed as permitted
uses in the Land Development Regulations that were in effect immediately prior to the institution
of the 2010 Comprehensive Plan (pre-201O LDR's) and lawfully existed on such lands on
January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
Page 7 of 10
substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in article III, division 3.
(I) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea level at
mean low tide;
b. The use does not involve the sale of goods or services other than boat
dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boats
or other equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence,
wall or hedge at least six (6) feet in height; and
f. The parcel is separated from any established residential use by a class C
buffer-yard; and
g. The use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limited to the permitted uses and/or the provisions
for minor or major conditional uses allowed in the pre-l 996 LDRs for this district,
whichever is more restrictive.
(2) Solid waste facility, provided that:
a. The parcel of land is at least forty (40) acres;
b. All landfill activity occurs no closer than one hundred fifty (150) feet to any
property line and at least a class F buffer is provided within this setback;
c. No fill shall exceed thirty-five (35) feet in height from the original grade of
the property;
d. Such operations fully comply with F.S. ~ 403.701 et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely affect
surrounding properties; and
g. Road access to the side from U.S. I is limited to traffic serving the landfill;
and
h. The use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limited to the permitted uses and/or the provisions
for minor or major conditional uses allowed in the pre-1996 LDRs for this district,
whichever is more restrictive.
Section 6. Amend Section 9.5-242 IMPROVED SUBDIVISION DISTRICT (IS) as follows;
(d) (1)
(d)(2)
(d) (3)
(e) The following lawfully established nonresidential uses in the Suburban Residential Land Use
District, which were rendered nonconforming by the 2010 comprehensive plan, but listed as
permitted uses in the Land Development Regulations that were in effect immediately prior to the
Page 8 of 10
institution of the 2010 Comprehensive Plan (pre-2010 LDRs) and lawfully existed on such lands
on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in article III, division 3.
(I) Commercial retail of low- and medium-intensity or office uses or any combination
thereof of less than twenty-five hundred (2,500) square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be located abuts
the right-of-way of u.s. I, or a dedicated right-of-way to serve as a frontage road
for U.S. I;
b. The structure must be located within two hundred (200) feet of the centerline
of U.S. 1;
c. The commercial retail use does not involve the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of
goods or merchandise;
e. There is no direct access to U.S. I from the parcel of land on which the
commercial retail use is to be located;
f. The structure in which the commercial retail use is to be located is separated
from the U.S. 1 right-of-way by a class C buffer-yard:
g. The structure in which the commercial retail use is to be located is separated
from any existing residential structure by a class C buffer-yard; and
h. No signage other than one (1) identification sign of no more than four (4)
square feet shall be placed in any yard or on the wall of the structure in which the
commercial retail use is to be located except for the yard or wall that abuts the
right-of-way for U.S. I;
i. The use is limited in intensity, floor area, density and to the type of use that
existed on January 4, 1996 or limited to the permitted uses and/or the provisions
for minor or major conditional uses allowed in the pre-l 996 LDRs for this district,
whichever is more restrictive.
Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 8. Repeal of Conflicting Provisions. The provisions of the Monroe County Code and
all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 9. Inclusion in the Code. It is the intention of the Monroe County Board of County
Commissioners and it is hereby ordained that the provisions of this Ordinance shall become and
be made a part of the Monroe County Code, that the sections of the Ordinance may be
renumbered or re-lettered to accomplish such intentions.
Page 9 of 10
Section 10. Approval by the State Department of Community Affairs. The Planning Director
is authorized to forward a copy of this Ordinance to the State Department of Community Affairs
for approval pursuant to Sections 380.05(6) and (11), Florida Statutes.
Section 11. Effective Date. This Ordinance shall be effective immediately upon approval by the
State Department of Community Affairs pursuant to Chapter 380. Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners OF Monroe County,
Florida at a regular meeting held on the21~y of December, 2005.
Mayor Charles "Sonny" McCoy Yes
Mayor Pro Tern Murray Nelson Yes
Commissioner George Neugent Yes
Commissioner David Rice Not Present
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Charles ' y" McCoy 3:,...".
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Program Administrator JAN 2 6 2006
Administrative Code and Weekly
A.A. Gray Building
500 Seuth IiJrenough Street 3. ~ Type
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4. Restricted Delivery? (Extra Fee) DYes
2. Article Number
(Transfer from service label) 7004 1160 0007 1974 7671
PS Form 3811. February 2004 Domestic Return Receipt 102595-Q2-M-1540
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
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February 3, 2006 ..... r-
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Honorable Danny L. Kolhage n. , 0
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Clerk of Circuit Court ~;:o ;:~ -0 ::::0
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Key West, Florida 33040 r J'"1'1 0 0
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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.
Sincerely,
~~
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.n.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
DCA Final Order No.: DCA06-0R-IOl
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 034-2005 ~ <<:) g '"T')
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FINAL ORDER n. r - -11
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The Department of Community Affairs (the "Department") hereby issues it4iITa1:0r<t!r, g
r C") .. :;0
~1"T1 No
pursuant to SS 380.05(6), Fla. Stat., and 9 380.0552(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 7,2006, the Department received for review Monroe County
Ordinance No. 034-2005 ("Ord. 034-2005").
3. The final order for this Ordinance must be signed by April 7, 2006.
4. The Ordinance amends the Land Development Regulations (LDRs) to implement
Policies 101.4,101.4.2,101.4.3, and 101.4.4 of the Monroe County 2010 Comprehensive Plan to
recognize nonresidential uses lawfully established under the pre-l 996 LDRs and pre-2010
Comprehensive Plan that were rendered nonconforming by the 2010 Comprehensive Plan and
allow them to redevelop, reestablish, and make substantial improvements.
5. Ordinance 034-2005 is consistent with the 2010 Monroe County Comprehensive
Plan.
1
DCA Final Order No.: DCA06-0R-1Ol
CONCLUSIONS OF LAW
6. 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).
7. 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.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 034-2005 are land development regulations.
9. 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.
10. Ord. 034-2005 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.
(I) 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.
11. Ord. 034-2005 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 034-2005 is found to be consistent with the
2
DCA Final Order No.: DCA06-0R-IOl
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.
YD.S
State Planni g dministrator
Division of mmunity 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 MAYBE 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
3
DCA Final Order No.: DCA06-0R-I0l
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
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-IOl
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 c~ave been furnished
to the persons listed below by the method indicated this ayof ch, 2006.
, 14fk1
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