Ordinance 034-2006
ORDINANCE NO.o34- 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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.
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:
I. Notice requirements were located in this section and notice requirements were
also located in other sections of the Land Development Regulations, making them
disorderly, confusing and at times repetitive; and
2. All general notice provisions should be located in Section 9.5 - 45; and
3. 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
4. It is the intent of the BOCC to ensure that the notice requirements within the Land
Development Regulations are consistent with the requirements ofthe 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. 9.5-511. Amendments to this chapter.
(a) Purpose: The purpose of this article is to provide a means for changing the text of
this chapter which also includes changes to the land use district map. It is not intended to
relieve particular hardships, nor to confer special privileges or rights on any person, nor
to permit a change in community character, as analyzed in volume I of the plan, but only
to make necessary adjustments in light of changed conditions. In determining whether to
grant a requested amendment, the board of county commissioners shall consider, in
addition to the factors set forth in this article, the consistency of the proposed amendment
with the provisions and intent of the plan.
Page I of5
(b) Authority: The board of county commissioners may amend the text of this chapter
upon the compliance with the provisions of this article. Amendments may be proposed by
the board of county commissioners, the planning commission, the director of planning, or
the owner or other person having a contractual interest in property to be affected by a
proposed amendment. The director of planning shall have the responsibility to establish
the format as approved by the board of county commissioners by which applications can
be submitted and shall have the authority to screen those amendments, processing on Iy
those which are presented on a complete application; and those deemed insufficient shall
be returned to the applicant for correction and resubmittal within twenty-one (21) days.
(c) Timing: Applications for map and text amendments to this chapter shall be accepted
at any time. The planning director shall review and process the map and text amendment
applications as they are received and pass them on to the development review committee
and the planning commission for recommendation and final approval by the board of
county commissioners.
(d) Procedures:
(I) Proposals by board of county commiSSIOners. planning commISSIOn or
director of planning: Proposals for amendments by the board of county
commissioners, the planning commission or the director of planning shall be
transmitted to the planning department and the development review committee
for review and recommendation to the planning commission.
(2) Proposals by affected landowners: Any landowner or other person having a
contractual interest in property desiring to petition the board of county
commissioners for an amendment to the land use district map shall be required to
file an application with the director of planning accompanied by a nonrefundable
application fee as established from time to time by the board of county
commissioners to defray the actual cost of processing the application [see section
9.5-522]. The director of planning shall transmit the proposed amendment to the
planning department and the development review committee for review and
preparation of a recommendation to the planning commission.
(3) Public hearing(s): The planning commission and the board of county
commissioners shall each hold at least one (I) public hearing on a
proposed amendment to the text of this chapter or to the land use district
map.
a. Notice: Notice ofa proposed amendment to the text of this
chapter which also includes changes to the land use district map
shall be provided as required by Section 9.5 - 45 of this code.
b. Posting of notice: Posting of notice shall be made in
accordance with the requirements of section 9.5-45.
c. Other notice: Notice of all public hearings shall be posted on
the Monroe County Website as soon as is practical. Failure to post
Page 2 of 5
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.
(4) Action by planning commission: The planning commission shall review the
application, the reports and recommendations of the department of planning and
the development review committee, and the testimony given at the public
hearing, and shall submit its recommendations and findings to the board of
county commissioners.
(5) Action by board of county commissioners following public hearing(s):
a. The board of county commissioners shall consider the report and
recommendation of and the testimony given at the public hearings.
b. The board of county commissioners may consider the adoption of an
ordinance enacting the proposed change based on one (]) or more of the
following factors:
(i) Changed projections (e.g., regarding public service
needs) from those on which the text or boundary was
based;
(ii) Changed assumptions (e.g., regarding demographic
trends);
(iii) Data errors, including errors in mapping, vegetative
types and natural features described in volume I of the
plan;
(iv) New issues;
(v) Recognition of a need for additional detail or
comprehensiveness; or
(vi) Data updates;
however, in no event shall an amendment be approved which will result
in an adverse community change of the planning area in which the
proposed development is located.
c. In the event of a written protest against such amendment signed by
the owners of twenty (20) percent or more either of the area of the lots or
land included in the proposed amendment or of the lots or land
immediately adjoining the property to be affected and extending two
hundred (200) feet therefrom, such amendment shall not become
effective except by the favorable vote of four (4) members of the board
of county commissioners.
Page 3 of5
d. Except as provided in paragraph (c) above, the board of county
commissioners may adopt the proposed amendment or the proposed
amendment as modified by not less than a majority of its total
membership.
(e) Typographical or Drafting Errors: Amendments to the text to correct typographical
or drafting errors may be adopted by the board of county commissioners without
posted notice or public hearing at any regular meeting. As long as the county is
within an area of critical state concern, notice of such amendments shall be
transmitted to the Florida Department of Community Affairs within thirty (30) days.
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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,
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 (11).
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.
Page 4 of5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the16t!lay of AultUst ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner DiGennaro
Commissioner Glenn Patton
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY, FLORIDA
By:
(SEAL). .
ATTEST: DANNY L. KOLHAGE, CLERK
By: JhaLJ. Q. !J-,v)d~
Deputy Clerk
Page 60f6
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
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 1160000719747695
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 web site; 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
BOCC
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and Weekly
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Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Iho.L...D C. ~~~
Isabel C. DeSantis, oeputy Clerk
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STATE OF FLORIDA
DEPARTMENT OF STATE
STATE LIBRARY AND ARCHIVES OF FLORIDA
JEB BUSH
Governor
SUE M. COBB
Secretary of State
September 26, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe 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
cf4y QilwlC\
Liz Cloud
Program Administrator
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DIRE( 'TOR'S OFfiCE
R.A. Gray Building. 500 South Bmnough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlis.dos.state.tl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE L1RR/\RY OF FLORIDA
850.245.6600 . fAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGrSLATIVI:': LIBRARY SERVICE
R50AR82812 . FAX: 850.488.9879
RECORDS MA)\i\GI::MENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRAflVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA06-0R-2SS
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS ......
:Co ~:'J
ADOPTED BY MONROE COUNTY Cl ~ "'" r-
ORDINANCE NO. 034-2006 Sn~c: g 8;
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FINAL ORDER B~;: ~ ~~
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The Department of Community Affairs (the "Department") hereby issues i~iIHi' O@r, C1
pursuant to 99 380.05(6), Fla. Slat., and 9 380.0552(9), Fla. SIal. (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. 034-2006 ("Ord. 034-2006"), adopted by Monroe County on August 16,2006.
3. The purpose of the Ordinance is to amend Section 9.5-511 of the Land
Development Regulations; delete notice provisions and referr to Section 9.5-45 and; provide that
all public hearings shall be posted on the Monroe County Website. Notice requirements were
located in various sections of the Land Development Regulations, making them disorderly,
confusing, and at times repetitive.
4. All general notice provisions are proposed to be located in Section 9.5-45, and
notice of all public hearings on land use matters are proposed to be posted on the Monroe County
website as soon as practical to do so.
5. Ordinance 034-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
DCA Final Order No.: DCA06-0R-255
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. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 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. ~ 380.031 (8), Fla. Stat. (2005). The
regulations adopted by Ord. 034-2006 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 ~ 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. 034-2006 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. 034-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 034-2006 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
2
DCA Final Order No.: DCA06-0R-255
hereby APPROVED.
This Order becomes effective 21 days atter publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida. ~
I ittj
'1 (" /f2-
;J~ R --~
~"tateiEl / ing Administrator
Divisi of Community Planning
Depa ent 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 EITIIER 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, TIIEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSlIANTTO SECTIONS 120.569 AND 120.57(1) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND Ill. FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MA Y 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 CHAl.l.ENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CJ IOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAl. FACT STATED IN THE AGENCY
ACTION. THEN YOU MA Y FIl.E A PETITION REQUESTING A FORM/\!.
3
DCA Final Order No.: DCA06-0R-255
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-2SS
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 day of October, 2006.
erk
Bv U.S. Mail:
Honorable Charles McCoy
Mayor ofMomoe 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 TalTahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5