Ordinance 008-2020 3 tee ,•"..
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. 008 -2020
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
13 LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO CREATE A
14 DEFINITION FOR MEDICAL MARIJUANA TREATMENT CENTER
15 DISPENSING FACILITY AND SPECIFICALLY NOTE THAT A MEDICAL
16 MARIJUANA TREATMENT CENTER DISPENSING FACILITY IS A
17 COMMERCIAL RETAIL OR AN INSTITUTIONAL USE; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
20 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
21 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
22 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
23 (FILE 2019-133)
24
25
26 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
27 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the health,
28 safety, and welfare of the County's citizens; and
29
30 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
31 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47-2017 directing the Monroe
32 County Planning and Environmental Resources Department to process an Ordinance to impose a
33 temporary moratorium upon the acceptance and processing of new applications for the establishment of
34 medical marijuana treatment center dispensing facilities; and
35
36 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19t'
37 day of July, 2017 in Marathon, Florida adopted Ordinance 010-2017 imposing a temporary moratorium
38 upon the acceptance and processing of new applications for the establishment of medical marijuana
39 treatment center dispensing facilities; and
40
41 WHEREAS, at a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC
42 adopted interim development Ordinance 019-2018 extending for an additional 365 days; and
43
44 WHEREAS, at a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC adopted
45 an extension to interim development Ordinance 019-2018 for an additional 365 days and directed staff to
46 amend the Land Development Code to allow medical marijuana treatment center dispensing facilities
47 within the same zoning districts that allow pharmacies; and
48
49
Ordinance No. 008 -2020 Page 1 of 4
File 2019-133
I WHEREAS, pharmacies as described in state statute would be permitted within unincorporated
2 Monroe County Land Development Code under the commercial retail use (for a community pharmacy,
3 special pharmacy, intereet pharmacy or institutional pharmacy not located in a hospital) or as an
4 institutional use (for an institutional pharmacy located in a hospital); and
5
6 WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
7 interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health,
8 safety and welfare; and
9
10 WHEREAS, Section 381.986(11), Florida Statute, provides specific rules about the level of
11 regulation a local government may or may not impose on medical marijuana treatment center dispensing
12 facilities; and
13
14 WHEREAS, on October 29, 2019, the Monroe County Development Review Committee (DRC)
15 reviewed the proposed amendment; and
16
17 WHEREAS, at a regularly scheduled meeting held on November 19, 2019 the Monroe County
18 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
19 provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 50-19
22 recommending approval for the proposed amendment, including the recommendation that the definition of
23 dispensing facilities include the wording from Section 318.986(8)(a)l., F.S., of low-THC cannabis,
24 medical cannabis, and cannabis delivery devices; and
25
26 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
28 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
29 development; and
30
31 WHEREAS, at a regularly scheduled meeting held on the January 22, 2020, the Monroe County
32 Board of County Commissioners held a public hearing, considered the staff report, and provided for
33 public comment and public participation in accordance with the requirements of state law and the
34 procedures adopted for public participation in the planning process; and
35
36 WHEREAS, based upon the documentation submitted and information provided in the
37 accompanying staff report, the Monroe County Board of County Commissioners makes the following
38 Conclusions of Law:
39
40 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
41 Monroe County Year 2030 Comprehensive Plan; and
42 2. The proposed amendment is consistent with the Principles for Guiding Development for
43 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
44 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute; and
45 4. The proposed amendment is necessary due to new issues and the need for additional
46 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
47 Code.
48
Ordinance No. 008 -2020 Page 2 of 4
File 2019-133
1
2
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
4 OF MONROE COUNTY, FLORIDA:
5
6 Section 1. The Monroe County Land Development Code is hereby amended as follows:
7
Proposed Amendment deletions are ; additions are shown in underlined).
8
9 Section 101-1
10
11 Medical marijuana treatment center dispensingfacility means a facility that dispenses low-THC
12 cannabis, medical cannabis, and cannabis delivery devices, as provided in Section 381.986, F.S.
13 The dispensing facility is considered a commercial retail use, unless the dispensing facility is
14 within a within a health care institution. When the dispensing facility is within a health care
15 institution, then it is considered an institutional use. The dispensing facility acility may not be located
16 within 500 feet of the real property that comprises a public or private elementary school, middle
17 school, or secondary school unless the location is approved through a formal BOCC proceeding
18 open to the public at which the county determines that the location promotes the public health,
19 safety, and general welfare of the community. Additionally, all dispensing facilities must comply
20 with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the
21 Florida Building Code or the Florida Fire Prevention Code.
22
23
24 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
25 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall
26 not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
27 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the
28 controversy in which such judgment or decree shall be rendered.
29
30 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
31 ordinance are hereby repealed to the extent of said conflict.
32
33 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
34 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
35
36 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida
37 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
38 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
39 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
40 Chapter 120.
41
42 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
43 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
44 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
45 the Code.
46
Ordinance No. 008 -2020 Page 3 of 4
File 2019-133
1 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
2 above.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
5 at a regular meeting held on the 22nd day of January 2020.
6
7 Mayor Heather Carruthers Yes
8 Mayor Pro Tern Michelle Coldiron Yes
9 Commissioner Craig Cates Yes
10 Commissioner David Rice Yes
11 Commissioner Sylvia Murphy Yes
12
13
14 ;<> '� `��. t BOARD OF COUNTY COMMISSIONERS
OF MONROE CO T LORIDA
t 4 BY
' : MAYO' HE ER CARRUTHERS
19 Y A
20 "(0AL)7N: -:�
21
22 NTT: KE MADO , CLERK
23
24 DE UTY CLERK
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Ordinance No. 008 -2020 Page 4 of 4
File 2019-133
KEY WEST
CI { RECEIVED
The Florida Keys Only Daily Newspaper,Est. 1876 JAN 2 7 2020
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com MONROE COUNTY ATYOR\I-`
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 •' + Ticket: 327514
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegai.text]
COUNTY OF MONROE
Before the
/Iundersigned authority personally appeared
nr) I v aka
V s ,who on oath says that he or she is
. Pvri U 1. of the Key West Citizen, a daily
newspaper publishecin Key t, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,January 5,2020 t/
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said .
(Signature ofAffiant)
A• • aig s 11101.ed before me this 6th day of January 2020
lay .19M11
(N• ir blic •nat r-►
• /d/.I//...N1iJi ir,
(Notary '4•lic Printed Name) (Notary Seal)
My commission expires c9-;f0-(3-
Personally Known X Produced Identification
Type of Identification Produced ;� 1 g4� Suelynn Stamper
=+c p`' A COMMISSION#GG232802
: : EXPIRES•June 27 2022
°"'°�" Bonded Thru Aaron Notary
MONROE COUNTY BOARD OF COUNTY ~-
COMMISSIONERS NOTICE OF PUBLIC MEETING
AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE COUNTY
COMPREHENSIVE PLAN NOTICE OF CHANGE TO
MONROE COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE COUNTY FUTURE
LAND USE MAP NOTICE OF CHANGE TO MONROE
COUNTY LAND USE MAP NOTICE OF CHANGE TO
MONROE COUNTY TIER OVERLAY DISTRICT MAP
January 22, 2020
NOTICE IS HEREBY GIVEN that on Wednesday.January 22,2020,the Monroe County Board cf County Commissioners will hold a Public Meeting
at the Marathon Government Center,2798 Overseas Hwy,Marathon,FL 33050 to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY COMPREHENSIVE
PLAN;ADOPTING THE 10-YEAR WATER SUPPLY PLAN UPDATE TO BE CONSISTENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOWER EAST COAST WATER SUPPLY PLAN UPDATE OF 2018; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE
(FILE 2019-102)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 101-1 TO CREATE A DEFINITION FOR MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY AND SPECIFICALLY
NOTE THAT A MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY IS A COMMERCIAL RETAIL OR AN INSTITUTIONAL USE;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-133)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 138-22(b) AND SECTION 139-2(b) TO REVISE THE RECEIVER SITE CRITERIA
FOR THE TRANSFER OF MARKET RATE EXEMPTIONS TO ANOTHER LOCATION, INCORPORATING THE BOCC DIRECTION WITHIN INTERIM
DEVELOPMENT ORDINANCES ADOPTED VIA ORDINANCE 011-2017, ORDINANCE 020-2018 AND CLARIFIED VIA RESOLUTION 203-2018;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-114)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
DISTRICT MAP FROM TIER III-A TO TIER III FOR TWO PARCELS OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 8 LOTS 17 & 18
CUTTHROAT HARBOR ESTATES CUDJOE KEY PLAT BOOK 4-PAGE 165 HAVING REAL ESTATE NO'S 00178450-000000 AND 00178460-000000;
AS PROPOSED BY DANIEL IARROBINO;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER
OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.(File#2019-138)See Map 2 below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.3.2 OF THE MONROE COUNTY
2030 COMPREHENSIVE PLAN TO EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File 2019-043)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 138-24, RESIDENTIAL ROGO ALLOCATIONS, TO EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE
DATE.(File 2019-044)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 101-1 TO CREATE A DEFINITION FOR PUBLIC INFRASTRUCTURE AND UTILITIES;TO AMEND THE DEFINITION OF PUBLIC
BUILDINGS AND USES;AND TO AMEND THE LIST OF PERMITTED AND CONDITIONAL USES WITHIN SECTIONS 130-74 THROUGH 130-103
TO INCLUDE PUBLIC INFRASTRUCTURE AND UTILITIES AS AN AUTHORIZED USE;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE: PROVIDING FOR AN
PLAN POLICY 101.5.25 TO PROVIDE A DENSITY BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING FOR A PROPERTY
SUBJECT TO A SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE COMPREHENSIVE PLAN;ESTABLISHING
GOAL 111 AND OBJECTIVE 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM
NET DENSITY PROVIDED IN POLICY 101.5.25;AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE SUBAREA;ESTABLISHING THE
BOUNDARY OF THE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED
AFFORDABLE HOUSING DWELLING UNITS;ESTABLISHING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING,HEIGHT AND OFF-STREET
PARKING REQUIREMENTS IN THE SUBAREA;AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO;FOR PROPERTIES LOCATED
AT 5700 LAUREL AVENUE,6325 FIRST STREET AND 6125 SECOND STREET,STOCK ISLAND;AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF
OF WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-120)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 130-157, MAXIMUM PERMANENT RESIDENTIAL DENSITY AND REQUIRED OPEN SPACE,TO PROVIDE A DENSITY BONUS
ABOVE THE MAXIMUM NET DENSITY FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED
GOAL 111 OF THE COMPREHENSIVE PLAN,AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF OF WRECKERS CAY APARTMENTS AT STOCK
ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;
PROVIDING FOR AN EFFECTIVE DATE.(File#2019-063)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
(ZONING)MAP FROM URBAN RESIDENTIAL MOBILE HOME(URM)TO URBAN RESIDENTIAL(UR), FOR PROPERTY LOCATED AT 6325 FIRST
STREET AND 6125 SECOND STREET,STOCK ISLAND,MILE MARKER 5;AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF OF WRECKERS CAY
APARTMENTS AT STOCK ISLAND,LLC;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE
COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-121)See Map 3 below
WRECKERS CAY APARTMENTS AT STOCK ISLAND.5700 LAUREL AVENUE, 6325 FIRST STREET AND 6125 SECOND STREET,STOCK
ISLAND MILE MARKER 5:A PUBLIC HEARING CONCERNING A REQUEST FOR A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY,
FLORIDA AND WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC. THE REQUESTED AGREEMENT RELATES TO THE PROPOSED
REDEVELOPMENT OF MOBILE HOME PARKS TO TWO HUNDRED EIGHTY (280) DEED-RESTRICTED AFFORDABLE DWELLING UNITS, AT A
DENSITY OF 40 UNITS PER BUILDABLE ACRE.NO STRUCTURES WILL BE HIGHER THAN 38 FEET FROM GRADE,MECHANICAL EQUIPMENT
AND ARCHITECTURAL FEATURES UTILIZED TO HIDE MECHANICAL EQUIPMENT, INCLUDING PARAPETS, MAY BE UP TO 44 FEET ABOVE
GRADE,AND SUCH STRUCTURES MAY CONTAIN THREE(3)HABITABLE FLOORS.THE SUBJECT PROPERTY IS DESCRIBED AS THREE PARCELS
OF LAND IN SECTION 35,TOWNSHIP 67,RANGE 25,STOCK ISLAND,MONROE COUNTY,FLORIDA,HAVING PARCEL ID NUMBERS 00124540-
000000,00124550-000000 AND 00124560-000000(FILE 2018-147)
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF THE
COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S
SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23; BOUNDED ON THE WEST BY
SECOND STREET;BOUNDED ON THE SOUTH BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM AND A PARCEL
OF LAND ADJACENT TO GOVERNMENT LOT 2,SECTIONS 35,36,AND 26,TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND,MONROE
COUNTY,FLORIDA.(FILE 2010-130)
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF THE
COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF MACDONALD AVENUE AND FIRST STREET, STOCK ISLAND,
MONROE COUNTY,FLORIDA,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55;BOUNDED
ON THE NORTH BY ALL OF BLOCK 32;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;BOUNDED ON THE SOUTH BY
ALL OF BLOCK 34,AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11 AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK
33 LOT 1 AND THE PLATTED SHORELINE. (FILE 2018-179)
Map 1 Map 2 Map3
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Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and
online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of the proceedings,and that,for such
purpose,he or she may need to insure a verbatim record of the proceedings is made,which record includes the testimony&evidence upon which
the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact
the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to
the scheduled meeting;if you are hearing or voice impaired,call"711."
January 4.2020 Key West Citizen
�:S COUgrQc\1
d./00 -`": s4, Kevin Madok, CPA
• �,�o�ROE=ov;� s Clerk of the Circuit Court&Comptroller—Monroe County, Florida
February 10, 2020
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 008-2020 adopting amendments to the
Monroe County Land Development Code to amend Section 101-1 to create a definition for
medical marijuana treatment center dispensing facility and specifically note that a medical
marijuana treatment center dispensing facility is a commercial retail or an institutional use;
providing for severability;providing for repeal of conflicting provisions;providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for
amendment to and incorporation in the Monroe County Land Development Code;providing for
an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on January 22, 2020. Should you have any questions,
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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FLORIDA DEPARTMENT
..
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
February 11, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 008-2020, which was filed in this office on February 11,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us
• Final Order No. DEO-20-018
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY �- Q
In re: A LAND DEVELOPMENT REGULATION m
ADOPTED BY MONROE COUNTY, FLORIDA N -n
ORDINANCE NO. 008-2020 ^ —
rrnn
FINAL ORDER r' o 0
APPROVING MONROE COUNTY ORDINANCE NO. 008-2020 a . o
The Department of Economic Opportunity("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 008-2020 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe county is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 22, 2020, and
rendered to the Department on February 24, 2020.
3. The Ordinance amends Section 101-1 of Monroe County's Land Development
Code to provide a definition for the term "medical marijuana treatment center dispensing
facility."
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
Final Order No. DEO-20-018
5. "Land development regulations"include local zoning, subdivision,building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by section 163.3177(1), Florida Statutes, and specifically, with Objective
101.5
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development for that
area. § 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys
and maintain the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 008-2020 is consistent with the Monroe County Comprehensive Plan and
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
hereby APPROVED.
. , . Final Order No. DEO-20-018
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Florida.
/s/James D. Stansbury
James D. Stansbury, Bureau Chief
Bureau of Community Planning and Growth
Department of Economic Opportunity
Final Order No. DEO-20-018
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, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28,PART IV,
FLORIDA ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
d Final Order No. DEO-20-018
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
following persons by the methods indicated this 16'1'day of April 2020.
/s/Janay Lovett
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West,Florida 33041