Ordinance 043-2001ORDINANCE NO. 043 -2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY
ADDING SEC. 9.5-258; PROVIDING FOR THE SEVERIBILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal
Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal
barrier areas and specifically prohibited the "construction or purchase of any structure,
appurtenance, facility, or related infrastructure" 16 U.S.C. 3504(a)(1) in said areas; and
WHEREAS, Monroe County has 15 designated units of the CBRS which can be found
listed in Table 3.21 of the Monroe County Year 2010 Comprehensive Plan Technical Document
and illustrated on the Existing Land Use Maps of the Comprehensive Plan Map Atlas; and
WHEREAS, Objective 102.8 of Monroe County Year 2010 Comprehensive Plan states:
"Monroe County shall take actions to discourage private development in areas designated as units
of the Coastal Barrier Resources System [W-5.006(3)(b)4]"; and
WHEREAS, Policy 102.8.5 of Monroe County Year 2010 Comprehensive Plan states:
"Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to discourage
the extension of facilities and services provided by the Florida Keys Aqueduct Authority and
private providers of electricity and telephone services to CBRS units"; and
WHEREAS, Current Flood Insurance Rate Maps published for the National Flood
Insurance Program by the Federal Emergency Management Agency, indicates there are five
developed residential areas (with five structures or less per acre) and one commercial area that
fall within the CBRS designation; and
WHEREAS, on Thursday, April 19, 2001 the Growth Management Staff was directed by
the Board of County Commissioners to create an overlay district prohibiting the extension of
public utilities to certain areas of the county; and
WHEREAS, the Development Review Committee on August 14, 2001, reviewed the
legal authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meeting held on September 26, 2001, the Monroe County
Planning Commission conducted a public hearing on the proposed text, and recommended
approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
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The staff report prepared on September 19; 2001 by K. Marlene Conaway, Director,
Planning and Environmental Resources.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Chapter 9.5, Article VII Division 2 is hereby amended to include the
following:
Sec. 9.5-258. Coastal barrier resources system overlay district.
(a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District is to
implement the policies of the comprehensive plan by prohibiting the extension and expansion of .
specific types of public utilities to or through lands designated as a unit of the Coastal Barrier
Resources System.
(b) Application: The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a Coastal
Barrier Resources System Unit on current Flood Insurance Rate Maps approved by the Federal
Emergency Management Agency, which are hereby adopted by reference and declared part of
this chapter. Within this overlay district, the transmission and/or collection lines of the following
types of public utilities shall be prohibited from extension or expansion: central wastewater
treatment collection systems; potable water; electricity; and telephone and cable. This prohibition
shall not preclude the maintenance and upgrading of existing public utilities in place on the
effective date of this ordinance and shall not apply to wastewater nutrient reduction cluster
systems.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall 'not be affected by such
validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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Section 4. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice' is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
Section 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of December , A.D., 2001.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY LORIDA
IY
Mayor Charles " nny" McCoy
ILAGE, CLERK
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DEPUTY CLERK
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C:\WINDOWS\Temporary Internet Files\OLK8275\Rob CBRS BOCC Ord 122001.doc
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
�`C,OUNT�CO
e4J. `JAM cuia�f :�s
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o~'Of COU1rtr •f�l'i.
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY, WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
January 15, 2002
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Please be advised that at a Regular Meeting in formal session on December 19, 2001, the
Board of County Commissioners of Monroe County adopted Ordinance No. 043-2001 amending
the Monroe County Land Development Regulations by adding Section 9.5-258 to establish a new
Land Use Overlay District that will prohibit the extension or expansion of public utilities to units
of the Coastal Barrier Resources System; Providing for the severability; Providing for the repeal
of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County
Code; and providing an effective date.
Attached hereto is a certified copy of the subject Ordinance for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
By�
Isabel C. DeSantis, Deputy Clerk
Cc: Municipal Code Corporation
County Commission
Growth Management
File
FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (CODRS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)488-8427 or Suncom 278-8427.
COUNTY: ( MONROE )
COUNTY ORDINANCE # ( 043 - 2001)
PRIMARY KEYFIELD
DESCRIPTOR: ( LAND USE PLANNING )
SECONDARY KEYFIELD
DESCRIPTOR: ( ZONING )
OTHER KEYFIELD
DESCRIPTOR: (---------------------------------------)
ORDINANCE DESCRIPTION: ( COASTAL BARRIER RESOURCES )
(25 characters maximum including spaces)
ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT # 1: ( 9.5-258, MCC) AMENDMENT # 2: (- - - - - - - - - - - )
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL* 1: (----------_-)
REPEAL # 2: (_-----------)
(Others repealed: List all that apply):
REPEAL # 3: ( — — — — — — — — — — — — )
REPEAL # 4: (-----------_)
(FOR OFFICE USE ONLY): COUNTY CODE NUMBER: (_ _ _ _ _ _ _)
KEYFIELD 1 CODE: (______--_-__) KEYFIELD 2 CODE: (_-___-______)
KEYFIELD 3 CODE: (_ - -
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1. Article Addressed to:
Department'of State
Bureau of Adm4nistratt.ve Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
2. Article Number (Copy from service label)
PS�'Form 3811, Julyj1999; ' ; Domestic Return
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102595-00-M-0952
DCA Final Order No.:
DCA02-OR-032
STATE OF FLORIDA
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DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
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REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 043-2001
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001), approving
Monroe County Ordinance No. 043-2001 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 January 28, 2002, the Department received for review Monroe County Ordinance
No. 043-2001 which was adopted by the Monroe County Board of County Commissioners on
December 19, 2001 ( "Ord. 043-2001 "). Ord. 043-2001 establishes a Land Use Overlay District
that will prohibit the extension or expansion of public utilities to units of the Coastal Barrier
Resources System.
3. Ord. 043-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. 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. §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
IvL)11',,tinn� c�ntrollinL, the development �� land (' 38p.031(8)_ Flo. Sint. (2001). The re ulationF
adopted by Ord. 043-2001 are land development regulations.
7. 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"). § 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. § 380.0552(7), Fla. Stat. (2001).
8. Ord. 043-2001 promotes and furthers the following Principles in § 380.0552(7):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
(b) To protect shoreline and marine resources including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife, and their habitat.
(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.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
2
(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.
9. Ord. 043-2001 is not inconsistent with the remaining Principles. Ord. 043-2001 is
consistent with the Principles for Guiding Development as a whole.
'WIAEREFORE. IT" nRDERED that Ord. ()Z?7-?()O1 F f6imd to he 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 Tallaha:
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE ENCY'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.
TF YnT_T DISPI ITF ANT'\' ISST_TF nT- 1\4ATFPIAI_ FACT STATED TNT THE ArFNTrY
ACTION, THEN YOU MAY FILE A PETIT10N 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 H, 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 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.
11
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true d correct copies have been furnished to
the persons listed below by the method indicated this day of February, 2002.
Panla Ford. Agency Clerk
By U.S. Mail:;
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
5
Municipal Code COT 'DOfatiOn
info@mail.municode.com
PO Boe _?T`s
Tallahassee, FI 32316-20)5
;supplement 16
04 / f 9' 2114021
We have received the fellOW1 ng material through
hard cop'!. Thar.' you for vour assistance and
Ordinance Nos. i43-2{101. "'104-2662 and ` 05-2002".
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MS. Pamela O. Banc>ocl..
Depute Clerk
Monroe County
500 Whitehead Street
Key West, FL 33040