Ordinance 007-2006
ORDINANCE NO.
007-2006
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 9.5 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY
AMENDING SECTION 9.5-22; ESTABLISHING THAT AFTER JANUARY 1,
2006, VACANCIES SHALL BE FILLED BY NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHO MADE THE APPOINTMENT
FOR THE CURRENT VACANT POSITION; REQUIRING APPROVAL BY
A VOTE OF THREE MEMBERS OF THE COUNTY COMMISSION;
PROVIDING NEW EFFECTIVE DATES FOR APPOINTMENTS;
ALLOWING CANDIDATES WITH EXPERIENCE FROM THE BUSINESS
COMMUNITY AND OTHER LOCAL INDUSTRY; PROVIDING FOR
NOMINA TION BY THE MAYOR UNDER CERTAIN CONDITIONS;
ALLOWING REMOVAL OF A PLANNING COMMISSIONER ONLY BY
VOTE OF AT LEAST THREE MEMBERS OF THE COUNTY
COMMISSION; ESTABLISHING THAT PLANNING COMMISSIONERS
SERVE AT THE PLEASURE OF THE BOARD OF COUNTY
COMMISSIONERS; ELIMINA TING TERM LIMITS; PROVIDING FOR
EXCUSED ABSENCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES;
PROVIDING FOR FILING WITH' THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY:
Section 1. Findings by the Board of County Commissioners.
A. The current ordinance on appointments to the Planning Commission gives more control over the
appointments to the person who is the mayor than to the individual commissioners.
B. It is difficult to find a number of planning commission candidates who meet the current selection
criteria of expertise only in environmental fields, development and planning. Allowing persons who
represent the diverse, local, business community to serve on the planning commission will add other
qualified persons to the candidate pool.
C. A planning commissioner may be removed for cause by a majority of the Board of County
Commissioners, allowing two members of a three member quorum to remove a member of the
planning commission, when by procedures adopted by the county commission a vote of at least
three of the members of the county commission is required to appoint a member of the planning
commission.
D. At present there is a term limit of three (3) consecutive terms for each planning commissioner,
This does not serve the public's interest in retaining those persons who are diligent in their duties
and have an expertise with the procedures and history of the planning commission if they so desire
to serve.
E. Termination of a member of the planning commission is only for cause, parenthetically listed as
three consecutive absences in a three month period, allowing for no excusable absences. There may
be occasions when it is desirable to keep the current member if there are extenuating circumstances.
F. The only other provision for termination of a planning commissioner's term is a mandatory
termination by reason of a conviction of a felony or offense of moral turpitude or not being a
qualified elector of Monroe County.
G. It is in the best interests of the public that members of the planning commission serve at the
pleasure of the county commission.
H. The absence of a planning commissioner for lack of an appointment is not in the public interest
and leads to stalled projects, land development regulations and other growth management issues if
there is a tie vote or lack of quorum. Retaining the planning commissioner whose term has expired
until the vacancy is filled will insure the presence of a quorum and help to prevent tie votes.
Assuring the vacancy will be filled by the mayor if a County commissioner does not put forth a
candidate within 60 days will insure that a vacancy does not persist.
I. Since the inception of the Planning Board, the mayor and commissioners have individually
nominated candidates for the planning commission and voted for or against the person nominated.
The procedure for appointment by the mayor with the advice and consent of the commission that is
prescribed in the current ordinance has not been followed. The procedure that is followed is a fair
procedure and the ordinance should reflect the actual procedure used by the board of county
commISSIOners.
Section 2. Sec. 9.5-22 is hereby amended to read as follows:
Sec. 9.5-22. Planning commission.
* * * * *
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(1) The planning commission shall be composed of five (5) members. Vacancies shall be filled by
the county commission member for the district who made the previous appointment for the vacant
seat. The county commissioner shall nominate a person qualified as provided in paragraph (c)
above to be approved by the board of county commissioners by a vote of at least three (3) members.
Members shall be chosen from electors with experience in the areas of planning, environmental
science, the business community, the development industry, and other Keys local industries. The
geographical representation of the Keys shall be considered, but not required when making
appointments to the planning commission. If no candidate is put forth for approval by the county
commissioner member for the district prior to sixty days of expiration of the respective planning
2
commissioner's term, the mayor shall submit a candidate for approval by the board of county
commISSIOners.
(2) Members shall serve at the pleasure of the county commission and may be removed for cause
prior to the expiration of their appointment and such removal shall be approved by the affirmative
vote of at least three (3) members of the board of county commissioners.
(3) All members shall serve a term of two (2) years and there shall be no term limit, however each
member shall be reappointed. Planning commission members shall be compensated as determined
by the board of county commissioners.
* * * * *
(6) If any member of the commission shall fail to attend three (3) regular consecutive meetings
without prior notice and an excuse sufficient to the planning commission within any three month
period, such failure shall constitute sufficient grounds for termination of the member's appointment.
The commission coordinator shall notify the chairman or the vice-chairman, as the case may be, and
he/she shall immediately file a notification of such nonattendance with the county administrator for
placement on the agenda of the board of county commissioners; and the board shall, by appropriate
action, terminate the appointment of such person and fill the vacancy thereby created as soon as
practicable. A member who desires to be excused shall contact the commission coordinator prior to
the meeting. The commission coordinator shall report the request to the chairman who shall make
the determination to grant or deny the request.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5.
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.
Section 6.
This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office and upon approval by the Department of Community Affairs of the State of Florida
according to the terms of the approval.
3
Florida, at a regular meeting of said Board held on the
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
COmmissioner David Rice
, Cori\ll1issioner Dixie Spehar
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Attest: DANNY LKOLHAGE, Clerk
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DepUty Clerk
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15th day of Karch
Not Present
Yes
Yes
Yes
Yes
,2006.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~ ,.~
Mayor Pro Tern
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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
March 31, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code&Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7004 1160 00071974 5394
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 007-2006 amending Chapter 9.5
entitled "Land Development Regulations" by amending Section 9.5-22; Establishing that after
January 1, 2006, vacancies shall be filled by nomination by the Commissioner of the District who
made the appointment for the current vacant position; requiring approval by a vote of three
members of the County Commission; Providing new effective dates for appointments; Allowing
candidates with experience from the business community and other local industry; Providing for
nomination by the Mayor under certain conditions; Allowing removal of a Planning Commissioner
only by vote of at least three members of the County Commission; Establishing that Planning
Commissioners serve at the pleasure of the Board of County Commissioners; Eliminating term
limits; Providing for excused absences; Providing for severability; Providing for repeal of
inconsistent provisions; Providing for inclusion in the Monroe County Code of Ordinances;
Providing for filing with the Secretary of State; Providing for an effective date.
.This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on March 15, 2006. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
Monroe County Clerk's Office
Ordinance No. 007-2006
cc: Growth Management
County Attorney
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
April 5, 2006
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 March 31, 2006 and certified copy of Monroe County Ordinance
No. 007-2006, which was filed in this office on April 3, 2006.
LC/mp
Sincerely, 3.:
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OST A TE LIBRARY OF FLORIDA
RA. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.ll.us
OLEGISLATlVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ms. Liz Cloud
Admin. Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
C> ~DINAfV(.~ 00'7
2. Article Number
(rtansfer from service label)
COMPLETE THIS SECTION ON DELIVERY
A Signature
x
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C. Date of Delivery
B. Received by ( Printed Name)
D. Is deli .di f A T~ Yes
If YES. enter delivery address below: ~ No
APR 03 2006
3. Service Type
~ified Mail
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D Return Receipt for Merchandise
DC.O.D.
4. Restricted Delivery? (Extra Fee)
Dyes
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7004 1160 0007 1974 5394
10259S..()2-M-1540
Domestic Return Receipt
DCA Final Order No.: DCA06-0R-146
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re:
MONROE COUNTY LAND
DEVELOPMENT REGULA nONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 007-2006
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The Department of Community Affairs (the "Department") hereby issues;)fS'itinal~rdeG
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pursuant to 99 380.05(6), Fla. Stat" and 9 380.0552(9), Fla. Stat. (2005), appro~ng a laniG 0
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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
I. 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 April 26, 2006, the Department received for review Monroe County
Ordinance No. 007-2006 ("Ord. 007-2006").
3. The final order for this Ordinance must be signed by June 23, 2006.
4. The Ordinance amends Section 9.5-22 of the Monroe County Code regarding the
Monroe County Planning Commission ("Commission") to establish that after January 1,2006,
vacancies on the Commission shall be filled by nomination by the County Commissioner ofthe
District who made the appointment for the current vacant position; requiring approval by a vote
of three members of the County Commission; providing new effective dates for appointments;
allowing candidates with experience from the business community and other local industry;
providing for nomination by the Mayor under certain conditions; allowing removal of a Planning
Commissioner only by a vote of at least three members of the County Commission; establishing
that Planning Commissioners serve at the pleasure of the Board of County commissioners;
DCA Final Order No.: DCA06-0R-146
eliminating term limits; and providing for excused absences from Planning Commission
meetings.
5. Ordinance 007-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
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. 9380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9 380.0552, 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. 9 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 007-2006 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 9 380.0552(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. 007-2006 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.
II. Ord. 007-2006 is consistent with the Principles for Guiding Development as a
2
DCA Final Order No.: DCA06-0R-146
whole.
WHEREFORE, IT IS ORDERED that Ord. 007-2006 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.
CY . UB
State PI ng Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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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
3
DCA Final Order No.: DCA06-0R-146
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
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 DA YS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No.: DCA06-0R-146
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 ~ ~orrect copies have been furnished
to the persons listed below by the method indicated this ~ day of June, 2006.
Bv 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
Ty Syrnroski
Director
Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Page 2 of 3
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316.2235
850-576-3171
Fax: 850-575-8852
jn!Q@[T1uo.iCQIte,CQrl)
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 92
Recorded: 8/10/20068:08:22 AM
We have received the following material through Hard Copy.
Document Adoption
Ordinance No. 001-2006 1/18/2006
Ordinance No. 007-2006 3/15/2006
Ordinance No. 016-2006 4/19/2006
WE HAVE RECEIVED THE CORRECTED COPY OF ORDINANCE NO. 027-
2006.
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