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Ordinance 033-2006 ORDINANCE NO.oJ3- 2006 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 9.5-45; PROVIDING FOR A NOTICE REQUIREMENT OF FIFTEEN (15) DAYS FOR PUBLIC HEARINGS, AMENDMENTS TO THE TEXT OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS AND PROPOSED CHANGES TO THE LAND USE DISTRICT MAP, FIXING THE TYPE AND SIZE OF NOTICE ADVERTISEMENTS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING AN EFFECTIVE DATE AND; PROVIDING FOR FILING IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF FLORIDA AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Monroe County Board of County Commissioners (BOCC), after public hearing(s), has reviewed and considered the proposed amendments to the Land Development Regulations (LDRs), comments of the public, recommendations of the Planning Commission, recommendations of staff, and other matters; and WHEREAS, the BOCC hereby makes the following Findings of Fact: 1. The current language in Section 9.5 - 45 of the Land Development Regulations gives the general notice requirements for public hearings; and 2. A thirty (30) day notice requirement inhibited the ability of the BOCC to take action on land development matters at consecutive BOCC meetings; and 3. Other notice requirements were located in other sections of the Land Development Regulations, were disorderly, confusing and at times repetitive; and 4. Notice of all public hearings on land use matters should be posted on the Monroe County website as soon as it is practical to do so; and 5. It is the intent of the BOCC to ensure that the notice requirements within the Land Development Regulations are consistent with the requirements of the Florida Statutes. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 9.5, Monroe County Code, is hereby amended to read as follows: Sec. 9.5-45. Notice. (a) Content of Notice: Every required notice shall include the date, time and place of the hearing, the address where known, a description of the site of the proposed Page I of4 development to identify it for others to locate with reference to the closest mile marker, a summary of the proposal to be considered, and identification of the body conducting the hearing. Advertisements for amendments to the land use district map shall be captioned, "NOTICE OF CHANGE OF LAND USE REGULATIONS" and shall contain a geographic location map which clearly indicates the area covered by the proposal, shall include major street names as a means of identification of the area and shall state in a brief form the nature of the amendment to be considered. (b) Publication: Notice of public hearings shall be given at least fifteen (15) days in advance of the hearing date by publication in the nonlegal section of the local newspapers of greatest general paid circulation in the Lower, Middle, and Upper Keys of Monroe County. The newspapers shall be of general interest and readership in the community and whenever possible, the advertisement shall appear in a newspaper that is published five (5) days a week unless the only newspaper in the community is published less than five (5) days a week. The advertisements shall be no less than one-quarter page in a standard size or tabloid size newspaper and the headline in the advertisements shall be in a type no smaller than eighteen (18) point. (c) Posting of Notice: At least fifteen (15) days prior to any public hearing, all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing with a waterproof signs(s) provided by the Planning Department which are so located that the notices shall be easily visible from all public streets and public ways abutting the property. Failure to provide proper notice as per the Monroe County Code or other reason resulting in a delayed hearing shall result in the re-noticing and rehearing of the original proposal and which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten (10) days after completion ofthe hearing. (d) Mailing of Notice: Notice of a public hearing to consider a major conditional use shall be mailed by the county to all owners of real property located within three hundred (300) feet of the property proposed to be developed as a major conditional use, including any residents of the parcel proposed for development, at least fifteen (15) days prior to a public hearing. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser's office, shall be provided by the applicant with an application for development approval. (e) Other Notice: Notice of all public hearings shall be posted on the Monroe County Website as soon as is practical. Failure to post notice on the Monroe County Website shall not constitute grounds for the cancellation of any public hearing nor shall it constitute grounds for the cancellation of any action taken by a board at such a meeting. (1) Affidavit and Photograph of Notice: An affidavit and photographic evidence shall be provided by the applicant at the public hearing that the applicant has complied with the notice required by this section. * * * * * Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, Page 2 of 4 impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, cause or sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any federal or state law, rule, code or regulation, the more restrictive shall apply. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. However, the suspension of conflicting laws or rules as provided for under F.S. 252.46(2) is intended to and shall apply. Section 4. Filing. This ordinance shall be filed with the Office of the Secretary of State of the State of Florida and shall not become effective prior to or without a notice issued by the Florida Department of Community Affairs or Florida Administration Commission approving the ordinance. Section 5. Transmittal. 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 and as required by F.S. 380.05(6) and (II). Section 5. Effective Date. This ordinance shall become effective as provided by law and stated above. Where Comprehensive Plan amendments may be required in order for any part of this ordinance to be deemed consistent with the Comprehensive Plan, the effective date of such part shall be as of the effective date of the required Comprehensive Plan amendment and as otherwise required by law. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Page 3 of4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16t&y of Ausrust ,2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner DiGennaro Commissioner Glenn Patton Vp.~ Not Present Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE UNTY, FLORIDA By: (SEAL) ATTEST: OANNY 1. KOLHAGE, CLERK By: JhMc, !1J/6~ Deputy Clerk Page 4 of 4 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE M~THONSUBCOURTHOUSE 3117 OVERSEAS HIGHWAY ~THON, FLORIDA 33050 TEL. (50S) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 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 September 19, 2006 MrS. Liz Cloud, Program Administrator Administrative Code and Weekly RA. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Via Certified Mail 7004 11600007 19747695 Dear Mrs. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 031-2006 approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Parks & Refuge (PR) for property described as Government Lot 9, PB4-83, Section 6, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate number: 00081660.000100. Ordinance No. 032-2006 approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Suburban Commercial (SC) for property described as part of Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having the real estate number: 00569510.000000. Ordinance No. 033-2006 amending Monroe County Code Section 9,5-45; providing for a notice requirement of fifteen (15) days for Public Hearings, amendments to the text of the Monroe County Land Development Regulations and proposed changes to the Land Use District Map, fixing the type and size of notice advertisements; providing for repeal of all Ordinances inconsistent herewith; providing for an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida Department of Community Affairs. Ordinance No. 034-2006 amending Monroe County Code Section 9.5-511; deleting notice provisions and referring to 9.5-45 and; providing that notice of all Public Hearings shall be posted on the Monroe County website; providing for repeal of all Ordinances inconsistent herewith; providing an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida and transmittal to the Florida Department of Community Affairs. Ordinance No. 035-2006 amending Monroe County Code Section 9.5-21; providing for the ability of the BOCC to hear and act upon land use matters at BOCC meeting sites closest and next closest to the subject property; providing for repeal of all Ordinances inconsistent herewith; providing an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida and transmittal to the Florida Department of Community Affairs. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 16, 2006. Please file for record. Should you have any questions, feel free to contact my office at (305) 295-3130. cc: County Attorney County Administrator Growth Management BOeC U1 IT' ..n l'- u.s. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage PrOVIded) ;j" l'- <r r'l . .' USE l'- o o o Certified Fee .~ "-) .0 . ""- Here Return Aeciept Fee (Endorsement RequIred) C] Restrlcted Delivery Fee ~ (Endorsement Required) r'l Proar .:T Total Poet~~rffr ."" " g em 0 ray UI l'- iliiilOi'Ap{~.SQ.~\l+.&onou~.Su.eet_.mm---.mm--- ",""Sox.No.Tallehassee, Florida 32399-0250 Cit}-:.Stilte;zlP+4u......u....--unn.....nnn-n-n..-------n-----u--.--.----n- os Form 3800 June 2002 See Reverse tor InslructlOl"'s Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners BY:.fho.kDC. ~~~ Isabel C. DeSantis, rieputy Clerk ill '" ,.. . . . [ Ii ~ ~>~~;:~ -!<J1Jl:l>'tJ 0 g~~a3 . I>> 0 - Q.""'" ..- =O?>3g ~ _'3a,'< ,J:o.l c.> Z i:T:Eg~ ~ ~ 0 tDcn -.... -Q)...:IJ i Ii ii 0 G) :!. lD l ~cn "~i fl)c:;~3 ~~~~~ : ;:T'< 0) > CDCDCD~C. !'! rr h 3,=" j I w .... c: < 3 :T3Q.l&'l" -oo:::(O:i" .. .. !l 0:::1 <>'0-' ~~iiJ~ '" 0-' I/) i, ~.t:~o- a.fO c. ~ ifa~g .r~ SD::J' CDa 1 c..>(J) SDQ '~g ~~ 1>)- :::I ig :T[8 . CI1CD a. 3 .. 3 --.J IOGl ::E r "I ~ 10- Gl 0 ' Gl i 0 ~ ,.. .:c:- UI - 0- o '< ~ I<-' I<-' 3 IT' ;>- !> :D 0 I liM .... 110 -< 10 jll \~ ! f Iii en I , cg I I ,I<-' ..n N "" i ~DD .:c:- en i I --.J i gH ~ <r = ..n ~ If en I Ln P ! ~ DD ~ DD D ;: t I ~~ ~ ~i 'l' J i * if STATE OF FLORIDA DEPARTMENT OF STATE STATE LIBILA.RY AND ARCHIVES OF FLORIDA JEB BUSH Governor SUE M. COBB Secretary of State September 26, 2006 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabelle 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 September 19, 2006 and certified copies of Monroe County Ordinance Nos. 031-2006 through 035-2006, which were filed in this office on September 26, 2006. Sincerely, f' r ~Q1D~AC\ Liz Cloud Program Administrator LC/bpn 3: "" "" = .-" C) = z. >- en ,- ;;::0 :;{: V) t1"1 oO-v-r ..... MC~;' " C:J A N 'T1 n. r- oo" Y) r::;..") ~;;U?~ :;0 " ::':1 --t(")r" :::c !"Tl -<-i::'~ C") ;'. ):;: - <::> I C) .. ::0 :t> r., 0 CJ DiRECTOR'S OFFICE R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us COMMUNITY DEVELOPMENT 850.245.660(' . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: R50.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE !\ND WEEKLY 850.245.6270 . FAX: 850.245.6282 DCA Final Order No.: DCA06-0R-254 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 033-2006 ~ Cl Z ):... ;u C') :;1,= 0,:;:; r1_-< ~ [:-}- I c~n' ,=_.. ..... <=> <=> "'" o n --t I en %>0 :B: '? o \D / ;~:l~~ -. ~ "-J ):> PI FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to !j!j380.05(6), Fla. Stat., and !j380.0552(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 September 29, 2006, the Department received for review Monroe County Ordinance No. 033-2006 ("Ord. 033-2006"), adopted by Monroe County on August 16,2006. 3. The purpose of the Ordinance is to revise Section 9.5-45 of the Land Development Regulations to a 15 day notice requirement for public hearings to allow the Monroe County Board of County Commissioners (BOCC) the opportunity to take action on land development matters at consecutive BOCC meetings. 4. Ord. 033-2006 provides mailing of notice at least 15 days prior to a public hearing to property owners located within 300 feet of the property proposed to be developed as a major conditional use. Ord. 033-2006, therefore, provides greater notice than Section 125.66(2)(a), Fla. Stat. (2005) which provides that "the board of county commissioners at any regular or special meeting may enact or amend any ordinance, except as provided in subsection (4), if notice of intent to consider such ordinance is given at least 10 days prior to said meeting. . ." ..." ,- f"'! C3 -r, C:") ;:.-J :::u m (-) o :;;:J CJ DCA Final Order No.: DCA06-0R-254 5. Ordinance 033-2006 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. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2005). 7. Monroe County is a local government within the Florida Keys Area of Critical State Concern. S 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. S 380.031 (8), Fla. Stat. (2005). The regulations adopted by Ord. 033-2006 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 AjJairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), ajJ'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. 033-2006 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. (I) 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. II. Ord. 033-2006 is consistent with the Principles for Guiding Development as a whole. 2 DCA Final Order No.: DCA06-0R-25-t WHEREFORE, IT IS ORDERED that Ord. 033-2006 is found to bc consistent with the Principles tor Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. This Order becomes effcctive 21 days after publication in the Florida Administrative Weekly unless a petition is filcd as dcscribed below. DONE AND ORDERED in Tallahassee, Florida. l / 4 vtt/~ , BER Administrator Division(oj: 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 TilE 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 ^ FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NO,], 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 AD~HNISTRATIVE PROCEEDING. YOU MA Y BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITrEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REfUSAL TO ACT; OR YOU MAY EXERCISE TIlE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENl HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. .~...... _.:-,,<-~('. '.-,':- -. . -, -'-- .,. -...,. .., - - ,. -"'. DCA Final Order No.: DCA06-0R-254 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 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-254 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 thanrue an . correct copies have been furnished to the persons listed below by the method indicated this day of October, 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 Aref loulani Acting Director Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Bv Hand Deliverv or Interagencv Mail: Tracy D. Suber, Bureau of State Planning, DCA Tallahassee Clark Turner, ACSC Administrator, DCA Tallanassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5