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Ordinance 035-2006 ORDINANCE NO. 035 -2006 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. WHEREAS, the Monroe County Board of County Commissioners (BOCC), after public hearing, 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 - 21 of the Land Development Regulations states the policy that the BOCC will hear and take action on land development matters at the BOCC meeting site closest to the subject property; and 2. Such a meeting location requirement has inhibited the ability of the BOCC to take action on land development matters at consecutive BOCC meetings; and 3. Such a meeting location requirement forced property owners to wait for two or perhaps three meetings of The BOCC before the matter concerning their property could be heard a second time and acted upon; and 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. 9.5-21. Board of county commissioners. In addition to any authority granted the board of county commissioners by state law or the Code of Ordinances of Monroe County, the board of county commissioners shall have the following powers and duties: (a) To adopt and amend the official land use development map and existing conditions map after recommendation by the planning commission; (b) To initiate amendments to the text of this chapter and the plan; Page 1 of4 (c) To hear, review and adopt amendments to the text of these regulations after recommendation by the plarming commission; (d) To act upon applications for variances from the elevation requirements of the floodplain management regulations of the plan; (e) To designate and appoint a hearing officer to make recommendations in regard to determinations of vested rights or such other decisions as the board may deem appropriate; (1) To take such other action not delegated to the plarming commission as the board of county commissioners may deem desirable and necessary to implement the provisions of these regulations and the plan; and (g) To hear and act upon applications for conditional use permits which are also developments of regional impact or are to be the subject of development agreements; plat approvals; floodplain management variances; appeals of the planning director's decisions on impact fees; amendments to the land use district maps; and any other item which the board, in its discretion, decides should be heard; and to make adoptions of findings of fact and orders for beneficial uses and vested rights; designations of archaeological, historical or cultural landmarks; designations of areas of critical county concern or any modification of such designations. The above-referenced hearings and adoptions shall take place at the board's meeting site in Key West, Marathon or Key Largo, whichever is closest to the subject property or at the board's meeting site which is next closest to the subject property. In the event a proposed area of critical county concern will affect various properties a portion of which are closest to one (I) hearing site and a portion of which are closest to another, then at least one (1 ) hearing shall be held at each site before any final board action may be taken. (h) In the case of conditional use permits which are also developments of regional impact or are conditional use permits which are to be the subject of development agreements under section 163.3225 et seq., Florida Statutes, then the county commission shall conduct such public hearings and grant or deny the conditional use permit approval as required by general law. (i) To establish, by resolution, a schedule offees to be charged by the growth management division (GMD) to persons filing land development permit applications, land development approval applications, and land development order applications however styled, and any land development order appeal however styled. In establishing the fee amounts, the GMD director shall present evidence to the board of the cost incurred by the GMD in staff time, and material expended, that are usually required to review the particular item that is the subject of the proposed fee. The overall general administrative and operational overhead of the GMD may not be included in the fee amount. While mathematical exactitude is not required, no fee adopted by the board pursuant to this subsection may be in Page 2 of 4 excess of the amount reasonably supported by the evidence submitted by the GMD director regarding the staff time incurred, and material expended, usually required for the review of the particular item that is the subject ofthe proposed fee. Any fee resolution considered by the board pursuant to this subsection must be heard by the board at a time certain public hearing with public notice provided in the same manner as the public notice required for the adoption of an ordinance under F.S. S l25.66(2)(a). At the public hearing, members ofthe public must be afforded an opportunity to comment on the proposed fees. The fees established shall generally be nonrefundable; provided, however, the GMD director may approve a refund of up to fifty (50)percent of the fee upon good cause shown by the applicant and the finding that the refund will not result in GMD staff time costs or material costs already expended going unreimbursed. * * * * * 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 S. Transmittal. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Page 3 of4 This ordinance shall be transmitted by the Planning and Enviromnental 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 ofthe effective date ofthe required Comprehensive Plan amendment and as otherwise required by law. PASSED AND ADOPTED by the Board of COlJ!E:y Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16 taay of August, 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner DiGennaro Commissioner Glenn Patton Yes Yes Yes VP~ Yes BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA By: (SEAL) 1:( ATTEST: DANNY L. KOLHAGE, CLERK By: \tho..&.P~. LQ,; Xl ~ . Deputy Clerk ' Page 4 of 4 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 1160 0007 1974 7695 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 BOeC U'] tr ..D ['- U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic MatI Only; No Insurance Coverage Provided) . .' . . ~ ['- tr r'l "'_ He" USE ['- Cl Cl Cl .~ 11 Return Reciept Fee (Endorsement Required) Cl Restricted Delivery Fee ~ (Endorsement Required) r'l Proar ~ Total P08tag~8J'~r' ,~' g ent 0 ray UI I ['- =,,_,~_ ..l<L\ll_S=Ih-.6l:o=Ugh-Su.eet----.---------------- ':>f_'"Pt.~- ...POBoxNo.Tallahassee, Florida 32399-0250 CitY:-Shit8:ziP+4----..--...----------~---n-----------u--.-n-----------.----..---._- and Weekly PS Form 3800 JlJnf' :?Oo See Reverse tor InstructlOl's Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By:{h~C.~~~ Isabel C. DeSantis, IJeputy Clerk (Jl !" i Ii ~ ~~ ..... ~ 3 ~ ~ i ~ ~ ~ I '" ~ i --.I Cl Cl .c l< ~ "-' "-' 3 tr '" Cl ~. Cl '!l Cl Cl --.I ,"-' ,..D '--.I " .c --.I tr ..D en ~ i * -;U1;D)>"'lJ Pl 0- Q."""l =O~3g I>> rJ) -...... ;oG>:!-P> Cl)c;!!3 = :T'< ; )> CD (JJa:J::!.c- . ... C < 3 '110=CD:j" 0::> 9:0-' ...o~ofl) a:~U) c..;- SD::r CD_ (i)CJ) SDQ 1\)_ ::> weD 0- lOG) ::E 10'" G) , G) o ,.. II:) _ UI -< o !>- 5" lll~ i ;: I;: 'i I!l, !l, i!l 000 :! 0 "'~ i g ~ I ~ ! ~ '!l if I ii o t ~ . . . ~ ~~~n~ . CD ~g.PI'< "","'0 ~ i~~~~1 il [Ol CD" III '" ~ ~~~~!l:~ !! 1Ilgh["" \ll9'3C.iJ" CD ~9'~2.!l li "CD c...c. 3 Il-g 1-< f" iif!l.a. iii'~ " ~g~~l!l 3'F~j . r 1"1 "" ~ U) I !:2 g. ~! OJ ~ '~n =1 00 ~ii' STATE OF FLORIDA DEPARTMENT OF STATE STATE LIBRARY ,~ND 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, t 0 ~QkuLC\ Liz Cloud Program Administrator :J:: o p z: ;po ~n~ .......,4._ rrt ;;r:; -( n'r- oo' ~?)E~ __0:-- ~ '..:-1;.:.... .." ~ r C) ;t> PI LClbpn DIRECTOR'S OFFICE RA. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlis.dos.state.f1.us COMMIJNITY DEVELOPMENT 850.2456600 . FAX: 850.245.6643 STATE LlBRARY OF FLORIDA 850.245.6600 . rAX: 850.245,6744 5T A TE ARCHIVES OF FLORIDA 850.245.6700 . FAX: HS0.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812. FAX: 850,488.9879 RECORDS MAi\/\GEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX; 850245,6282 "" = = "" U') ,.,., -0 N \0 -0 :JI: "~f1 r-- \~ c:) "1"1 ':=} :co :7) !"Yl C) o ~" Cl - .. <:) DCA Final Order No.: DCA06-0R-256 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS g er- <=' n --l I Cf\ ~ <2 <=' \D ~ 0 o ;po :;e ~. St2:;~; P11?C-, O' ..- ';~~:- In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 035-2006 -AG"',.. --':--\..'- -'1 .C) c- [,1 -;t> / FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to gg 380.05(6), Fla. Stat., and g 380.0552(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. 035-2006 ("Ord. 035-2006"), adopted by Monroe County on August 16,2006. 3. The purpose of the Ordinance is to amend the Land Development Regulations to revise the current BOCC meeting location requirement of site closest to the subject property, which will eliminate the waiting period for property owners and the BOCC to hear and take action on land development matters. 4. Ordinance 035-2006 is consistent with the 2010 Monroe County Comprehensive Plan. CONCLUSIONS OF LAW 5. 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. g 380.05(6), Fla. Stat., and g 380.0552(9), Fla. Stat. (2005). -" ;".::: ~*" .:.:; -on '=:J ;;J 71 i~<'1 (-) o :,-0 '::J DCA Final Order No.: DCA06-0R-256 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. 9 380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8), Fla. Admin. Code. 7. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2005). The regulations adopted by Ord. 035-2006 are land development regulations. 8. 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. 9. Ord. 035-2006 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. 10. Ord. 035-2006 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 035-2006 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 DCA Final Order No.: DCA06-0R-256 DONE AND ORDERED in Tallahassee, Florida. /'''' ,// / /',./ /t /'i ;,c - '-- .-< . I '\C . UBER State .1al)1l(ng Administrator 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 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 A FORIvlAL HEARlNG. 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 MA Y BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRrnEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MA Y EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING TI IE GROUNDS UPON WHIClI TIlE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN TIlE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LA W 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 ll, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MA Y BE REPRESENTED BY COUNSEL OR OTI IER QUALIFIED REPRESENTATIVE, AND YOU W1LL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL TIlE ISSUES INVOl.VED, TO CONDUCT CROSS-EXAMINATION AND SLlBMIT DCA Final Order No.: DCA06-0R-256 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 2 I 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 32399-2 I 00. 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-256 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with the undersigned aesignated AgeIlcyCletk, artdtfilif true ana correct copies have been furnished to the persons listed below by the method indicated this ~day of October, 2006. lerk Bv U.S. Mail: Honorable Charles McCoy Mayor of Monroe County 500 Whitehead Street, Suite 102 Key West, Florida 33040 Danny 1. 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, ACSCAdIliitiistratot, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5