Ordinance 010-2006
ORDINANCE NO. 010 -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING THE AMENDMENTS TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY SYSTEM BY AMENDING SECTION 9.5-256,
TIER OVERLAY DISTRICT; PROVIDING CRITERIA FOR
DESIGNATION OF TIER BOUNDARIES; PROVIDING A MECHANISM
FOR TIER OVERLAY DISTRICT MAP AMENDMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during public
hearings held in December 2004, January, February, March, April, May and June, 2005, and
March 2006, reviewed and considered a proposed amendment to provide criteria and procedures
for enacting a Tier Overlay District Map designation on the Monroe County Land Use District
Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the
Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare textand map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include
criteria for delineation of Tier boundaries in accordance with Goal 105;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. Goal 105 provides a framework .for future development and land acquisition for the
next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability.
2. The specific Tier Map designation criteria and Tier Overlay District were developed
following the general criteria in Goal 105, identifying areas appropriate for additional
development and those which are important environmentally and should be preserved.
3. The Planning Commission, after hearing public comments and staff input at four
public hearings on the draft criteria, recommended approval on November 3, 2004, to the Board
of County Commissioners ofthe proposed amendments to the Land Development Regulations.
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4. The Board of County Commissioners during the series of public hearings held in the
first part of2005, directed staffto make revisions to the boundary criteria for delineation of Tiers
and by changing all Tier II designations outside of Big Pine Key and No Name Key to a Tier III
designation.
5. The Board of County Commissioners approved in concept revisions to the habitat
protection elements of the proposed amendments to the Comprehensive Plan on August 17,
2005, in response to concerns raised by the Governor and Cabinet and negotiations with DCA
staff regarding the need for further habitat protection in formerly Tier II designated areas.
6. The Board of County Commissioners adopted amendments to the Comprehensive
Plan on September 22,2005, that made further revisions to the Tier system by instituting a Tier
III-A (Special Protection Area) for improved habitat protection in Tier III.
7. The Growth Management Division staff prepared specific criteria for the delineation
of the Tier III-A (Special Protection Area).
8. Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible.
9. Hammock size is a major determinate of habitat quality according to FKCCS, which is
why size and connectivity were used to identify the best and most important terrestrial habitat
areas for preservation.
10. Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated and the absence of significant upland
native habitat patches.
11. Tier III-A, referred to as "Special Protection Area" in the Comprehensive Plan,
includes isolated upland native habitat patches of one acre or more in area that require increased
protection from development.
12. The Tier Overlay District regulations, established for Big Pine Key and No Name
Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe County Code that
establishes a mechanism for implementation of the Tier System by overlaying the Land Use
District Map and amending the boundaries of the Tier System.
13. The Board of County Commissioners has reviewed the proposed amendments to
Section 9.5-256 to incorporate specific criteria for designation of Tier I, III, and III-A (Special
Protection Areas) boundaries.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
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Page 2 00
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: The boundary criteria for Tier I, II, III, and III -A (Special Protection Area) are
consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive
Plan, particularly Goal 105 and its associated objectives and policies;
Section 2: Section 9.5-256, Monroe County Code, is hereby amended that reads as follows:
"Sec. 9.5-256. Tier overlay district.
(a) Purpose: The purpose of this Tier Overlay District is to designate
geographical areas outside of mainland Monroe County, excluding the Ocean Reef
planned development, into tiers to assign ROGO and NROGO points, determine the
amount of clearing of upland native vegetation that may be permitted, and prioritize lands
for public acquisition. The Tier boundaries are to be depicted on the Tier Overlay
District Map. Lands on Big Pine Key and No Name Key shall be delineated as Tier I, II,
or III. Lands in the remainder of unincorporated Monroe County, excluding the Ocean
Reef planned development, shall be delineated as Tier I, III, and III-A (Special Protection
Area).
(b) Tier boundaries: Tier boundaries shall follow property lines wherever
possible, except where a parcel line or distinct geographical feature, such as a canal or
roadway, may be more appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key: The
Tier boundaries are designated using aerial photography, data from the Florida Keys
Carrying Capacity Study,the endangered species maps, property and permitting
information and field evaluation. The following criteria at a minimum are used to
evaluate upland habitats and designate boundaries between different Tier Overlays:
(1) Tier I boundaries shall be delineated to include one or more of the
following criteria and shall be designated Tier I:
a. Natural areas including old growth as depicted on the 1985
Existing Condition Map and new growth of upland native
vegetated areas identified by up-to-date aerials and site surveys,
above four (4) acres in area.
b. Vacant lands, which can be restored to connect upland native
habitat patches and reduce further fragmentation of upland native
habitat.
c. Lands required to provide an undeveloped buffer, up to five-
hundred (500) feet in depth, if indicated as appropriate by special
species studies, between natural areas and development to reduce
secondary impacts. Canals or roadways, depending on width may
P:\Tier\Tier Overlay Criteria-031506.doc
Page 3 of7
form a boundary that removes the need for the buffer or reduces its
depth.
d. Lands designated for acquisition by public agencIes for
conservation and natural resource protection.
e. Known locations of threatened and endangered species as defined
in section 9.5-4, identified on the Threatened and Endangered
Plant and Animal Maps or the Florida Keys Carrying Capacity
Study maps, or identified in on-site surveys.
f. Conservation, Native Area, Sparsely Settled, and Off-Shore Island
Land Use districts.
g. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not
designated Tier I shall be designated Tier III.
(3) Designated Tier III lands located outside of Big Pine Key and No Name
Key with tropical hardwood hammock or pinelands of greater than one
acre in area shall be designated as Special Protection Areas.
a. The following conditions shall constitute a break in pinelands or
tropical hardwood hammock for calculating the one-acre minimum
patch size for designation of Tier III-A boundaries:
1. U.S. Highway 1, canals and open water
2. Any disturbed pinelands or tropical hardwood hammock
with invasive coverage of forty (40) percent or more;
3. Property lines of developed lots or vacant lots with a
ROGO allocation award or an issued building permit, as of
September 28, 2005, located within a Land Use District
that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000
square feet in area with a ROGOINROGO allocation award
or issued building permit, as of September 28, 2005,
located within a Land Use District that allows residential
development of more than one dwelling unit per parceVlot
or non-residential development.
b. Lots designated Tier III-A (Special Protection Areas) on the
11/29/05 maps may petition the county for a rezoning to Tier III if
the lot meets one of the following criteria:
1. The lot will be served by a central sewer and the
wastewater collection system has an approved permit
that was effective 3/21/06 to construct the system on
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Page 4 of?
file from the Department of Environmental Protection;
or
2. The lot is located within a one acre patch of
hammock that is divided from the other lots that make
up the one acre or more patch by a paved road that is
at least 16 feet wide.
Such lots may be granted a score of 30 points through an
administrative determination made by the County Biologist, the
Director of Growth Management and rendered to the Department
of Community Affairs until such time as the County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map
and it is approved by the Department of Community Affairs.
c. Any hammock identified in the County's data base and aerial
surveys as 1.00 to 1.09 acres in area shall be verified by survey
prior to its designation as Tier III-A A hammock that is deemed
by survey and a field review by County Biologists to fail the
minimum size criteria shall have the Special Protection Area
designation removed from the subj ect parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier
boundaries shall be designated using the Big Pine Key and No Name Key Habitat
Conservation Plan (2005) and adopted Community Master Plan for Big Pine Key and No
Name Key.
(d) Tier overlay district map amendments: The Tier Overlay District Map
may be amended to reflect existing conditions in an area if warranted, because of drafting
or data errors or regrowth of hammock. However, the clearing of tropical hardwood
hammock or pinelands that results in the reduction of the area of an upland native habitat
patch to less than the one-acre minimum shall not constitute sufficient grounds for
amending the designation of a Tier III-A area to Tier III. The Tier Overlay District Map
amendments shall be made pursuant to the procedures for map amendments to this
chapter. Unlawful conditions shall not be recognized when determining existing
conditions and regulatory requirements.
( e) Request for Tier I designation: Notwithstanding the provISIOns of
Section-9.5-511(d)2, any individual may submit an application to the planning
department containing substantial and competent documentation that an area meets the
Tier I criteria. Applications must be received by July 1 of each year on a form approved
by the director of planning for consideration by the special master at a public hearing
advertised at least fifteen (15) days prior to the hearing date. Said hearing by the special
master shall be held prior to November 1 of each year. The director of planning will
review the documentation and any other appropriate scientific information and prepare an
analysis report for the special master. The special master will render a written opinion to
the planning commission and board of county commissioners either that the application
meets the criteria for designating the lands as Tier I or that the documentation is
P:\Tier\Tier Overlay Criteria-031506.doc
Page 5 of7
insufficient to warrant a map amendment. The posting, advertising and review will
follow the procedures in sec. 9.5-511(d)(3)(4) and (5)."
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. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 5. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 8. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 9. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
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Page 6 00
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15th day of Karch , A.D., 2006.
(SEAL)
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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Mayor Pro Tern Murray Nelson
ATTEST: DANNY KOHLAGE, CLERK
B<t:~
eputy Clerk
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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
FAJ< (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 3, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
R.A Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9808
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 005-2006 providing for the purchase of property to be developed for the
establishment of affordable and employee housing; providing for the future development of such
housing; providing for severability; providing for repeal of inconsistent provisions; providing for
incorporation in the Monroe County Code; providing for an effective date.
Ordinance No. 006-2006 amending Chapter 3, Monroe County Code; Providing
clarification of authority of animal control officers and of other provisions of Chapter 3; Providing
for rabies vaccinations of ferrets and changing required ages of cats and dogs to be vaccinated;
Providing penalties enforceable by code violation prosecution for dangerous and vicious dogs;
Providing for prohibitions against abandonment of animals and chaining of dogs; Providing for
requirements of spaying or neutering of cats and dogs; Providing for exemptions and establishing
criteria and process to obtain an exemption from requirement for spay and neuter of dogs and
cats; Providing an incentive for permanent identification; 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, 008-2006 amending the Monroe County Land Development Regulations to
revise environmental regulations by deleting Sections 9,5-336, 9.5-337, 9,5-338, 9.5-339,1,
9,5-339,2, 9,5-339,3, 9,5-340, 9,5-341, 9,5-342, and 9,5-343 to eliminate requirements pertaining
to the Existing Conditions Map and Habitat Evaluation Index (HEI); Creating new Section
9,5-336 to require an Existing Conditions Report, including vegetative survey as part of
Ordinance Nos. 005-2006, 006-2006, 008-2006,
009-2006, 010-2006, 011-2006 & 013-2006
Development Application approval; creating new Section 9,5-337 to enhance protection of
upland vegetation through Grant of Conservation Easements; creating new Section 9,5-338 that
incorporates existing open space requirements for wetlands; Revising Section 9.5-347 to provide
for maximum clearing limits of native upland vegetation based upon the Tier System designation
of the subject property; Providing for specific vesting provisions; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of
Ordinances; Directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and, providing for an effective
date.
Ordinance No. 009-2006 amending the Monroe County Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by revising
Sections 9.5-120 through 9,5-123 and Sections 9.5-125 through 9,5-140 [Rate of Growth
Ordinance (ROGO)] and revising Section 9,5-266 [Affordable and Employee Housing]; Providing
evaluation criteria, point system, and procedures utilizing the Tier Overlay as the basis for the
ROGO System; Providing special evaluation criteria, point system, and procedures for Big Pine
and No Name Key based on Habitat Conservation Plan and Master Plan for Big Pine and No
Name Key; Creating an appeal process for NROGO; Limiting affordable housing allocations to
Tier III Areas; Providing for a 99 year restrictive covenant for affordable and employee housing;
Providing authority for an eligible governmental or non-governmental entity to administer
eligibility and compliance requirements of affordable housing regulations of behalf of the Planning
and Environmental Resources Department; Providing for specific vesting provisions; Providing
for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe
County Code of Ordinances; Directing the Planning and Environmental Resources Department to
transmit a copy of this Ordinance to the Florida Department of Community Affairs; and providing
for an effective date,
Ordinance No. 010-2006 amending Land Developments Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256,
Tier Overlay District; Providing criteria for designation of tier boundaries; Providing a mechanism
for Tier Overlay District Map amendments; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation in the Monroe County Code of Ordinances; Directing the
Planning and Environmental Resources Department to transmit a copy of this Ordinance to the
Florida Department of Community Affairs; and providing for an effective date,
Ordinance No. 011-2006 amending the Monroe County Land Development Regulations
by revising Sections 9,5-124 through 9,5-124.8 Non-Residential Rate of Growth Ordinance
(NROGO) of the Monroe County Land Development Regulations utilizing the Tier Overlay as the
basis for the competitive point system; Creating a separate NROGO System for Big Pine Key and
No Name Key; Providing for specific vesting provisions; Providing for repeal of all Ordinances
inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances;
Directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
Ordinance Nos, 005-2006, 006-2006, 008-2006,
009-2006,010-2006, 011-2006 & 013-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on March 15,2006. Please file for record,
Ordinance No. 013-2006 adopting an amendment to the Monroe County Land Use
District Map to include a Tier Overlay District Map designation on all land in unincorporated
Monroe County in the Florida Keys between Key West and Ocean Reef and designating
boundaries for Tier, I, Tier II, Tier III and Tier III-A (Special Protection Areas) as required in
Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9,5-256;
Providing for repeal of all Ordinances inconsistent herewith, Directing the Planning and
Environment Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date, Please note that Exhibit
A is on the disc that is attached to the Ordinance.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Special Meeting in formal session on March 21, 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.
cc: Growth Management wlo Ordinance 006 only
Community Services - Ordinance 006 only
Finance - Ordinance 006 only
County Attorney
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or on the front if space permits.
1. Article Addressed to:
Ms. Liz Cloud
Program Administrator
Administrative code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
2. Article Number
(Transfer from seNlce labeQ
PS Form 3811. February 2004
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7002 2030 0001 2668 9808
Domestic Return Receipt 102595-02-M-1540
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
April 6, 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 April 3, 2006 and certified copies of Monroe County Ordinance
Nos. 005-2006, 006-2006, 008-2006 through 011-2006 and 013-2006, which were filed in this
office on April 5, 2006.
LC/mp
Si~~
Liz Cloud ~ g
Program Administrator ~("")~
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DSTA TE 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.tl.us
DLEGISLATIVE LIBRARY SERVICE D 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-125
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 010-2006
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
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 6, 2006, the Department received for review Monroe County Ordinance
No. 010-2006 ("Ord. 010-2006").
3. The final order for this Ordinance must be signed by June 2, 2006.
4. The Ordinance implements Goal I 05 of the Monroe County Comprehensive Plan;
provides criteria for designation ofthe tier boundaries, excluding Ocean Reef, a vested
subdivision; and prioritizes land for public acquisition. The Ordinance also contains a
mechanism for property owners to obtain due process by requesting an amendment to the
designation based upon specific criteria.
5. Ordinance 010-2006 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
1
DCA Final Order No.: DCA06-0R-125
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. Momoe County is a local government within the Florida Keys Area of Critical
State Concern. 9380.0552, 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. 9 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 010-2006 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 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. 010-2006 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 ofthe area of
critical state concern designation.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands, dune ridges and beaches,
wildlife, and their habitat.
(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.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public
investments.
11. Ord. 010-2006 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA06-0R-125
WHEREFORE, IT IS ORDERED that Ord. 010-2006 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.
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
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DCA Final Order No.: DCA06-0R-125
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 28-1 06, 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 EVlDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVlDENCE, 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, FLORlDA 32399-2 I 00.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORlDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORlDA 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 MEDIA TION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORlDA 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.
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 /-rt' day of June, 2006.
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DCA Final Order No.: DCA06-0R-125
Bv U.S. Mail:
." . t~~ /2P~
(/,,1' Foro, Ag~':Z&k
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
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