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.
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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
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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
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Liz Cloud
Program Administrator
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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
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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. . ."
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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.
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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.
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Administrator
Division(oj: ommunity 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 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.
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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.
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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