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
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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.
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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 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
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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
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Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
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Isabel C. DeSantis, IJeputy Clerk
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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
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Liz Cloud
Program Administrator
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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
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DCA Final Order No.: DCA06-0R-256
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 035-2006
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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).
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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.
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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