Ordinance 002-2002 ORDINANCE NO. 002 -2002
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY THE
ADDITION OF TEXT TO SEC.9.5-309 FENCES; 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 Monroe County Board of County Commissioners,
during a regular meeting held on January 17 2002, conducted a review and
consideration of the proposed text; and
WHEREAS, the Development Review Committee on November 15,
2001, reviewed the legal authority and the proposed text, and recommended
approval of the proposed text; and
WHEREAS, during a regular meeting held on December 12, 2001, the
Monroe County Planning Commission conducted a public hearing on the
proposed text and recommendations of staff, and recommended approval of
the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby
incorporated as part of the record of said hearing;
1. Staffs report prepared on November 8, 2001 by Fred Gross, Island
Planning Team Director.
2. Proposed changes to the Monroe County Land Development Regulations;
and
3. The sworn testimony of the Growth Management Staff; and
WHEREAS, the Monroe County Board of County Commissioners has
made the following Findings of Fact and Conclusions of Law based on the
evidence presented:
1. There is a need on Stock Island and Key Haven where unsafe living
conditions may exist to provide residents with an increased feeling of
safety and an improved level of privacy.
Page 1 of 4
W:\Planning\Working Folders\Gross-Fred\Fence Zoning Change\BOCC ORD.doc
•
2. The proposed change is consistent with Section 9.5-511(d)(5) b. (iv) New
Issues and (V) Recognition of a need for additional detail or
comprehensiveness.
3. The proposed change is consistent with the goals of the Monroe County
Year 2010 Comprehensive Plan.
4. Based on the principle that "unsafe living conditions" is subjective, the
proposed change is in the best interest of improving public safety on
Stock Island and Key Haven.
5. On November 15, 2001 at a public meeting of the Development Review
Committee, after a review of the staff report, recommended approval of
the proposed amendment to the text.
6. On December 12, 2001 at a regularly scheduled public hearing of the
Monroe County Planning Commission, after a review of the staff report
and sworn testimony of staff, recommended approval of the proposed
text.
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendment 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; and
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. 9.5-309. FENCES
(a) Height
(1)
d. On Stock Island and on Key Haven, fences may be
constructed to a height of six (6) feet.
Page 2 of 4
•
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.
Section 4. 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 renumbered to conform to the uniform
numbering system of the Code.
Section 5. 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 6. 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 17th day of
January , A.D., 2002.
Mayor Charles "Sonny" McCoy yes
Mayor Pro Tern Dixie Spehar yes
Commissioner Murray Nelson yes
Commissioner George Neugent yes
Commissioner Nora Williams yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN i
FLORIDA
BYZi
Mayor Charles "Sonny" McCoy
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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
FAX (305) 289-1745
MONROECOUNTYCOURTHOU~
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 12, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099340000059118 7470
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 001-2002 amending the Monroe County Code by the amendment of text
to Sec. 9.5-120.5; providing for the severability; 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.
Ordinance No. 002-2002 amending the Monroe County Code by the addition of text to
Sec. 9.5-309 fences; providing for the severability; 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.
Ordinance No. 003-2002 amending the Monroe County Code Sections 9.5-4, 9.5-266,
9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250, providing for the severability;
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.
Ordinance No. 001-2002 to 003-2002
February 12, 2002
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on January 17,2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
by:
Cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of EJections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 18, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated February 12, 2002 and certified copies of Monroe County
Ordinance Nos. 001-2002 through 003-2002, which were filed in this office on
February 15, 2002.
LC/mp
Sincerely,
U~e~
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
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DCA Final Order No.: DCA02-0R-I06
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 002-2002
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FINAL ORDER ;?2("") :b- ('TJ
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The Department of Community Affairs (the "Department") hereby issues it!~Kal d'iiier, 0
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pursuant to ~~ 380.05(6) and (11), Fla, Stat" and ~ 380,0552(9), Fla, Stat. (2001~oviti a rtl
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land development regulation adopted by a local government within the Florida Keys Area :fi, ~
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 20, 2002, the Department received for review Monroe County Ordinance
No. 002-2002 which was adopted by the Monroe County Board of County Commissioners on
January 17, 2001 ( "Ord. 002-2002"). Ord. 002-2002 amends Section 9.5-309 of the Monroe
County Code to increase the height limitation on fences on Stock Island and Key Haven.
3. Ord. 002-2002 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. 9380.0552, 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
regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2001), The regulations
adopted by Ord, 002-2002 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") 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.
8. Ord. 002-2002 promotes and furthers the following Principles:
(1) To protect the public health, safety, and welfare ofthe citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida resource.
9, Ord, 002-2002 is not inconsistent with the remaining Principles. Ord. 002-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 002-2002 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,
2
DONE AND ORDERED in Tallahassee, FI
SONNY TIMMERMAN, DIRECTOR
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 ill, 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.
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
3
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
ADMINISTRA TIVE 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.
4
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 ~y of April, 2002.
~~
f1n- Paula Ford, Agency Cle
By V,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
Bv 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