Ordinance 035-2005
.
ORDINANCE NO. 035 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS CREATING SEC. 9.5-4
(C-23,1), (D-15.1), (F-13.1), (L9.1), (L9.2), (L-9.3), (M-14.1),
(0-7.1), (Y-l), (Y-2), (Y-3), AND (Y-4) DEFINITIONS;
AMENDING SEC. 9.5-352(b), SEC. 9.5-352(c), SEC. 9.5-
352(d), SEC. 9.5-352(e), SEC. 9.5-352(i), SEC. 9.5-352(j)
REQUIRED OFF-STREET PARKING; AMENDING SEC.
9.5-353(c) PARKING AGREEMENTS; AMENDING 9.5-
354(a) AND SEC. 9.5-354(b), CREATING SEC. 9.5-354(c)
REQUIRED NUMBER AND SIZE OF OFF-STREET
LOADING SP ACES; AMENDING SEC. 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.
WHEREAS, the Monroe County Department of Planning and Environmental
Resources has identified a need to amend the Monroe County Code parking standards, to
correct previous drafting errors, clarify parking requirements, cover issues previously not
addressed, and to amend parking provisions to provide for increased flexibility in
administration to recognize unique situations where parking provisions may not be
appropriate; and
WHEREAS, Section 9.5-511, Monroe County Code, delineates the mechanism to
amend the Monroe County Code via a "text amendment"; and
WHEREAS, during a regularly scheduled meeting on September 28, 2005, the
Planning Commission, after hearing the staff report and hearing comments from the
public, recommended approval of proposed amendments creating Sec. 9.5-4 (C-23,1),
(0-15.1), (F-13.l), (L9.1), (L9.2), (L-9.3), (M-14.1), (0-7.1), (Y-l), (Y-2), (Y-3), and
(Y-4) Definitions; amending Sec. 9.5-352(b), Sec. 9.5-352(c), Sec. 9.5-352(d), Sec. 9.5-
352(e), Sec. 9.5-352(i), Sec. 9.5-352(j) Required off-street parking; amending Sec. 9.5-
353(c) Parking agreements; amending 9.5-354(a) and Sec. 9.5-354(b), creating Sec. 9.5-
Page 1 of 12
354(c) Required Number and size of off-street loading spaces; amending Sec. 9.5-355
Restriction on use of parking and loading spaces; and
WHEREAS, the staff made minor revisions to recommended ordinance to
improve syntax and clarify text; and
WHEREAS, during a regularly scheduled meeting on December 21, 2005, the
Board of County Commissioners were presented with the following information, which
by reference is herby incorporated as part of the record of said hearings:
1. The staff report prepared by David A. Dacquisto, Director, Island Planning Team
dated November 10, 2005;
2. Testimony from the public; and
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board specifically adopts the following findings of facts:
1. The amendments are needed to correct previous drafting errors, clarify parking
requirements, cover issues previously not addressed, and to revise parking
provisions to provide for increased flexibility in administration in order to
recognize unique situations where parking provisions may not be appropriate; and
2. The proposed revisions will correct previous drafting errors, clarify parking
requirements, cover issues previously not addressed; and
3. The proposed amendments are consistent with Section 9.5-111, Monroe County
Code and Monroe County Year 2010 Comprehensive Plan.
Section 2. Monroe County Code, Sections 9.5-4 (C-13.1), (C-13.2), (C-14), (C-23,1),
(D-15.1), (F-13.I), (L9.I), (L9.2), (L-9.3), (M-14.1), (0-7.1), (Y-l), (Y-2), (Y-3), (Y-4),
Sec. 9.5-352(b), Sec. 9.5-352(c), Sec. 9.5-352(d), Sec. 9.5-352(e), Sec. 9.5-352(i), Sec.
9.5-352(j), Sec. 9.5-353(c), Sec. 9.5-354(a), Sec. 9.5-354(b), Sec. 9.5-354(c), and Sec.
9.5-355, are amended as follows:
Sec. 9.5-4. Definitions.
(D-I5 .1 ) Double frontage means a lot having frontage on two or more non
intersecting streets, sometimes called a through lot.
(F-13.1) Frontage means that part of a lot abutting on a right-of-way.
(L-9.I) Lot lines, front means in the case of a lot abutting only one (1) street, the
street right-of-way line separating such lot from such street; in the case of a double
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frontage lot or comer lot, each street right-of-way line separating such lot from a street
shall be considered to be the front lot line.
(L-9.2) Lot lines, rear means a lot line which is most nearly parallel to and most
distant from the front lot line of the lot. In the case of a lot where the side lot lines
intersect there shall be no rear lot line and in the case of lots that have frontage on more
than one (1) road or street, non-frontage lot lines shall be considered side yards.
(L-9.3 ) Lot lines, side means a lot line that is neither a front or rear lot line
running perpendicular or radial from the front lot line and corresponding street right-of-
way.
(Y -I) Yard means an open space at grade that is the minimum required setback
between a structure or other man made obstruction and the adjoining lot lines unoccupied
and unobstructed from the ground upward, except as may be specifically permitted.
(Y-2) Yard, front means a required open space on a lot that extends across the
front of a lot and is generally adjacent the public right-of-way, the depth of which is
measured perpendicularly to the front lot line. On comer lots or double frontage lots,
each yard frontage on a street shall be a front yard.
(Y-3) Yard, rear means a required open space on a lot that extends along the full
length of the rear lot line, the depth of which is measured perpendicularly to the rear lot
line.
(Y-4) Yard, side means a required open space on a lot that extends along the full
length of the side lot line between the required front yard and required rear yard, the
depth of which is measured perpendicularly to the side lot line. In the case of double
frontage lots, side yards shall extend from the rear lines of the required front yards. In
the case of comer lots, yards remaining after front yards have been established on both
frontages shall be considered side yards.
Sec. 9.5-352. Required off-street parking.
(a) Generally: Every use shall be provided with off-street parking in accordance with
the standards contained in this division. Every parking space, both required and
unrequired, shall meet the minimum standards of this division.
(b) Design and Dimensional Requirements of Parking Spaces and Aisles: Except as
expressly stated herein, each parking aisle and parking space shall meet the following
minimum standards:
Page 3 of 12
Parking Space and Aisle Width Minimum Dimensional Requirements
Illustration of Minimum Required
Parking Space Dimensions
C
A
B D
Legend for Minimum Required Parking S pace
Dimensions.
A- Angle of parking space. varies from 0 to 90
degrees
B - Width of aisle. one way and two way
C - Width of parking space
(THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
Page 4 of 12
Parking Pattern in Degrees ill One-Way Aisle Width Two-Way Aisle Width Parking Space Width Parking Space Length
feet@ feet @ feet {Q feet ill
o (Parallel) 12 24 8.5 25
30 or 45 15 24 8.5 18
60 18 24 8.5 18
75 22 24 8.5 18
90 24 24 8.5 18
(c) Required Number of Off-Street Parking Spaces: The following is the number of
parking spaces to be provided for each use:
Specific Use Category Minimum Required Number of Parking Spaces Per Indicated Unit of Measure
Single Family dwelling units, including 2.0 spaces per dwelling unit or mobile home
mobile homes on individual lots
Multi-family dwelling units 1.5 spaces per dwelling unit
Mobile home parks 1.0 space per pad
Commercial retail except as otherwise 3.0 spaces per 1,000 sq. ft. of non-residential floor area (nrfa) of building and 1.5 spaces pe
specified below 1,000 sq. ft. of non-residential floor area devoted to outdoor retail sales and display area.
Eating and drinking establishments 14.0 spaces per 1,000 sq. ft. of non-residential floor area and 7.0 spaces per 1,000 sq. ft. 0
unenclosed non-residential floor area devoted to dining and/or bar area
Convenience stores 4.0 spaces per 1,000 sq. ft of (nrfa)
Commercial recreation (indoor) 5.0 spaces per 1,000 sq. ft. of (nrfa)
5.0 spaces per 1,000 sq. ft. of the parcel that is devoted to the outdoor recreational activity,
Commercial recreation (outdoor) excluding areas used for parking and driveways, required yards and required landscaping and
buffer areas.
Page 5 of 12
Theaters, conference, or activity center~ 1.0 space per 3.0 actual seats or based on seating capacity
Offices 3.0 spaces per 1,000 sq. ft. of (nrfa)
Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of (nrfa)
RV parks 1.0 space per pad
Hotels/destination resorts 1.0 space for first bedroom plus .5 space for each additional bedroom
Mini-warehouses/self storage center 3.0 spaces for the office use plus a parking aisle of 10 feet in width adjacent the storage uni
access doors if outside access to the storage units is provided
Industrial uses: excluding repair and 0 2.0 spaces per 1,000 sq. ft. of (nrfa)
servicing of vehicles
Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per 1000 sq. ft. of (nrfa) whichever is greater,
the service/repair bays shall not be counted as parking spaces
Warehousing 1.0 space per 1,000 sq. ft. (nrfa)
Hospitals 1.8 spaces per bed
Churches 0.3 space per seat and/or 0.3 space per 24 inches for pews
Live-aboard 1.5 spaces per berth
Marinas and commercial fishing facilitiel 1.0 space per berth plus one space per four (4) dry storage racks
Charter/guide boats, six (6) or fewe 2.0 spaces per berth
passengers capacity
Party and charter/guide boats, more than 0.3 space per passenger capacity of vessel
six (6) passengers capacity
Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of 14 feet by 55 feet, to accommodate
trailers and oversized vehicles.
Page 6 of 12
(d) Category of Specific Use for Determination of the Number of Spaces: If a specific
use does not fall within one of the above categories in subsection (c), or the general
category does not accurately identify the parking need for a specific use, then the parking
space requirements shall be based on the most current edition of the Institute of
Transportation Engineer's Parking Generation Manual, or other appropriate
documentation authorized by the planning director.
(e) Calculation of Number of Parking Spaces: In calculating the number of parking
spaces required under this division, the following special provisions apply:
(1) When units or measurements determining the number of required parking
spaces result in the requirement of a fractional space, any fraction up to and
including one-half (1/2) shall be disregarded and fractions over one-half
(112) shall require one parking space.
(2) In determining the amount of land area devoted to outdoor uses, areas used
for parking and driveways required yards and required landscaping and
buffer areas, shall not be counted.
(3) When two (2) or more separate uses are on a site, the required parking for
the site is the sum of the total required parking for each of the individual
uses, except if the shared parking calculation option is used, as provided for
in subsection (i).
(4) The planning director may grant a reduction of up to twenty-five (25)
percent in the number of required parking spaces for non-residential uses,
located within a gated community, provided an equivalent number of
parking spaces are provided and designed to accommodate golf carts, a
"neighborhood electric vehicle," or similar four (4) wheeled vehicles. The
planning director may increase this percentage based on a parking demand
study provided by the applicant and approved by the planning director.
(5) The planning director may, in a specific area identified within a Community
Master Plan, or grant a reduction of up to twenty (20) percent in the number
of required parking spaces for non-residential uses provided an equivalent
number of parking spaces are reduced III SIze and redesigned to
accommodate scooters and other similar modes of transportation.
(f) Handicapped Parking Requirements: The number and design of handicapped
parking spaces shall be in accordance with the provisions of chapter 6, which
incorporates by reference the Florida Building Code.
(g) Location of Required Parking: Required off-street parking spaces for single-family
and multi-family residential uses shall be located on the premises they are intended to
serve. Required off-street parking spaces for all other uses shall be located on the same
Page 7 of 12
lot as the principal use they are intended to serve or upon another lot in accordance the
provisions of subsection (h).
(h) Thefollowing requirements shall apply to off-site parkingfacilities:
(I) The location of any off-site parking lot shall be within three hundred (300)
feet walking distance, as measured by the shortest route of effective
pedestrian access, of a public entrance to the structure of land area
containing the use for which the spaces are required;
(2) A parking agreement shall be required in accordance with section 9.5-353;
and,
(3) Any off-site parking area located within a different land use district than the
principal use it is intended to serve shall meet the following provisions in
addition to requirements (I) and (2) above:
a. The off-site parking area and the use(s) it is intended to serve shall be
aggregated for purposes of development review and shall be
approved only as a minor or major conditional use.
b. The principal use intended to be served by the off-site parking area
shall be a permitted principal use within the land use district in
which the off-site parking area is located.
(i) Shared Parking Option Requirements:
(1) Purpose: The purpose of the shared parking option is to permit a reduction
in the total number of parking spaces which would otherwise be required
in instances where two or more uses on the same lot or separate lots are to
share the same parking spaces because their peak parking demands do not
occur at the same time. Shared parking is an option to the method for
calculation of required parking as provided for in subsection (e) (3).
(2) Condition on Development Approval: If the shared parking option is used
to calculate the amount of required parking spaces, the approved
development permit shall have a condition that any change in the
occupancy or use of any of the principal uses intended to be served by the
shared parking shall require development approval by the planning
director to ensure sufficient parking is available.
(3) Computation of shared parking requirements: Notwithstanding the
provisions of subsection (e)(4) for individual land uses, when any land or
building is used for two (2) or more distinguishable purposes as listed
below, the shared parking option may be used to determineg the minimum
amount of parking required. Under the shared parking option, the
Page 8 of 12
minimum total number of required parking spaces for said land or building
shall be determined by the following procedure:
a. Multiply the minimum parking requirement for each individual use as
set forth in subsection (c) by the appropriate percentage as set forth
in the table below for each of the five designated time periods.
b. Add the resulting sums for each of the five (5) vertical Columns in the
table.
c. The minimum parking requirement is the highest sum among the five
(5) columns resulting from the calculation in subsection (b) above.
Time periods not covered in the table below may be ignored for the
purposes of calculating shared parking.
NIGHTTIME WEEKDAY WEEKEND
Midnighl--6:00 Day Evening 6:00 Day Evening 6:00
9:00 a.m.- 9:00 a.m.-
a.m. 4:00 p.m. p.m.--Midnighl 4:00 p.m. p.m.--Midnight
Specific Use Categories
Marinas 5% 70% 10% 100% 20%
Residential 100% 60% 90% 80% 90%
Office/Industrial 5% 100% 10% 10% 5%
Churches 5% 25% 50% 100% 50%
Commercial Retail 5% 60% 90% 100% 70%
Drinking and Eating/Entertainment/Recreation 10% 40% 100% 80%
(Theaters, bowling alleys, meeting halls) 100%
Hotel 75% 75% 100% 75% 100%
All Others 100% 100% 100% 100% 100%
Page 9 of 12
(4) The planning director may reduce the required parking requirements based
on a parking demand study approved by the planning director. The
methodology for conducting the study shall be submitted for review and
approval by the county and shall include, but not be limited to the week
and day the study will be conducted, the number of days and duration of
the study, and the time intervals and locations for data collection. The
study shall be reviewed by the county traffic consultant to determine
whether the parking study supports the basis for the parking reduction
request.
(j) Wheel Stop Requirements: All impervious surface parking spaces shall be clearly
marked by striping or other markings acceptable to the planning director. All pervious
and impervious surface parking spaces shall have a wheel stop, bumper blocks or similar
barriers where the front of the parking space is adjacent a building, required yard or
required landscaping, to designate each parking space.
(k) Bicycle Spaces: A bicycle rack for parking bicycles shall be provided by all
nonresidential development within two hundred (200) feet of an existing or programmed
state or county bikeway. The minimum layout for a bicycle parking area shall be a two
(2) foot wide by six (6) foot long stall with a minimum aisle width of five (5) feet. The
bicycle parking area shall be located within fifty (50) feet of a public entrance to the
principal structure and shall not interfere with pedestrian or vehicular traffic.
Sec. 9.5-353. Parking agreements.
(a) Purpose: The purpose of parking agreements is to ensure the continued availability
of off-site parking facilities for the use(s) they are intended to serve.
(b) Requirements: All off-site parking facilities shall require a parking agreement.
(c) Form and Approvals: The parking agreement shall be drawn to the satisfaction of
the county attorney and planning director and executed by all parties, including the
county. The agreement shall provide the county with the right of enforcement.
Sec. 9.5-354. Required number and size of loading/unloading spaces.
(a) Number and Size of Required Spaces: Loading/unloading spaces shall be provided
as follows:
Minimum Required Number of Loading and Unloading spaces
G.F.A.
Specific Use Category (Sq. Fl.) 11'x 35' 11'x 55
All non-residential uses 0-2,499 1 0
Page 10 of 12
2,500-19,999 0 1
20,000-49,000 0 1
50,000-and over 0 2
(b) Location of Required Loading/Unloading Spaces: Loading/unloading spaces
shall be located entirely on the same lot as the principal use they serve. These spaces
shall not be located on any public right-of-way, or on any parking spaces or parking aisle.
The spaces shall be accessible and adjacent or as close to the building served as possible.
(c) Reduction in Loading/Unloading Space Requirements: The planning director is
authorized, to grant a reduction in the number and dimensional requirements of this
division for loading/unloading spaces, based on the submittal by an applicant of a parking
demand study prepared and signed by a qualified traffic engineer, for loading/unloading
spaces approved by the planning director, prepared and signed by a qualified traffic
engmeer and reviewed by the county traffic consultant.
Sec. 9.5-355. Restriction on use of parking and loading/unloading spaces.
The use of off-street parking, loading/unloading spaces or aisles for outdoor retail sales,
outside storage, storage area, or repair of motor vehicles or any kind of equipment is
prohibited except as allowed through the issuance of a public assembly permit issued by
Monroe County for a specific period of time.
Section 3. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 4. 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 hereby.
Section 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. 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 Administrative Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
Section 7. The provisions of this ordinance shall be included and incorporated into
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
Page 11 of 12
thereto and shall be appropriately numbered to conform to the uniform numbering system
of the Code.
PASSED AND ADOPTED By the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21 st day December, 2005.
Mayor Charles "Sonny" McCoy Yes
_.
Mayor Pro Tem Murray Nelson Not Present
Commissioner George Neugent Yes
-
Commissioner David Rice Yes
-
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS
t1f!Jt~>.. OF MONROE CO Y, FLORIDA
By
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A TT~ST:DANNY 1. KOHAGE, CLERK L ~fP$~1 I
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PS Form 380 ,June 2002 See Reverse for Instrucftons
SENDER: COMPLETE THIS SECTION . . . . . .
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item 4 if Restricted Delivery is desired. X o Agent
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1. Article Addressed to: DNa
Program Administrator JAN 2 6 2006
Administrative Code and Weekly
A.A. Gray Building
500 Seuth IiJrenough Street 3. ~ Type
Tallahassee, Florida 32399-0250 Certified Mail o Express Mail
o Registered o Return Receipt for Merchandise
o Insured Mail o C.O.D.
4. Restricted Delivery? (Extra Fee) OVes
2. Article Number
(Transfer from service fabel) 7004 1160 0007 1974 7671
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
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Honorable Danny L. Kolhage (j' r- 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
(JSTATE 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
(JLEGISLATIVE LIBRARY SERVICE (J RECORDS MANAGEMENT SERVICES (JFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
(JADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA06-0R-IOO
ST A TE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 035-2005
/
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 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. 035-2005 which was adopted by the Monroe County Board of County
Commissioners on December 21,2005 ("Ord. 035-2005").
3. The final order for this Ordinance must be signed by April 7, 2006.
4. The Ordinance corrects previous drafting errors, clarifies parking requirements,
covers issues previously not addressed, revises parking provisions to provide for increased
flexibility in administration in order to recognize unique situations where parking provisions may
not be appropriate, and makes the Ordinance consistent with Section 9.5-111 of the Monroe
County Code.
5. Ordinance 035-2005 is consistent with the 2010 Monroe County Comprehensive
Plan.
1
DCA Final Order No.: DCA06-0R- -
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. g 380.05(6), Fla. Stat., and g 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. g 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 of land. g 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 035-2005 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 g 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. 035-2005 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.
(f) To enhance natural scenic resources, promote the aesthetic
benefits of the natural environment, and ensure that
development is compatible with the unique historic character 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.
11. Ord. 035-2005 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA06-0R- -
WHEREFORE, IT IS ORDERED that Ord. 035-2005 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
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
ER
State Planni g dministrator
Division of ommunity 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.
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DCA Final Order No.: DCA06-0R-
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 REPRESENT A TIVE, 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-
-
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~day of~, 2006.
M(H
Miriam Snipes, De ty Agency 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