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Resolution 050-2023 2 3 4 V" 5 , „ 6 7 MONROE COUNTY, FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 050 -2023 10 11 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE 14 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE 15 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING 16 AMENDMENTS TO THE MONROE COUNTY 2030 17 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.1, POLICY 18 501.1.2, POLICY 501.2.2, POLICY 501.2.3, POLICY 501.3.1, AND 19 POLICY 501.3.3 TO ALLOW AIRPORT IMPROVEMENTS,WHICH 20 MAY IMPACT HAMMOCK AREAS WHEN THERE IS NO OTHER 21 VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST 22 INTERNATIONAL AIRPORT AND THE FLORIDA KEYS 23 MARATHON INTERNATIONAL AIRPORT, CONSISTENT WITH 24 THE AIRPORT MASTER PLAN (AMP) AND AIRPORT LAYOUT 25 PLAN (ALP) FOR EACH PUBLIC AIRPORT AND CONSISTENT 26 WITH ALL APPLICABLE FEDERAL AND STATE 27 PERMIT/AUTHORIZATION REQUIREMENTS, INCLUDING 28 MITIGATION FOR ENVIRONMENTAL IMPACTS; PROVIDING 29 FOR SEVERABILITY; PROVIDING FOR REPEAL OF 30 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL 31 TO THE STATE LAND PLANNING AGENCY AND THE 32 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO 33 AND INCORPORATION IN THE MONROE COUNTY 34 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 35 DATE. 36 37 38 39 WHEREAS, the Monroe County Board of County Commissioners conducted a public 40 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 41 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 42 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 43 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 44 Year 2030 Comprehensive Plan as described above; and 45 Resolution No. 050 -2023 Page 1 of 2 BOCC Transmittal: File 2022-105 46 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of 47 County Commissioners support the requested text amendment; 48 49 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 50 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 51 52 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the 53 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for 54 adoption of the proposed text amendment. 55 56 Section 2. The Board of County Commissioners does hereby transmit the proposed 57 amendment to the State Land Planning Agency for review and comment in 58 accordance with the State Coordinated Review process pursuant to Section 59 163.3184(4), Florida Statutes. • 60 61 Section 3. The Monroe County staff is given authority to prepare and submit the required 62 transmittal letter and supporting documents for the proposed amendment in 63 accordance with the requirements of Section 163.3184(4), Florida Statutes. 64 65 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 66 resolution to the Director of Planning. 67 68 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 69 Florida, at a regular meeting of the Board held on the 18th day of January , 2023. 70 71 72 Mayor Craig Cates, District 1 Yes 73 Mayor Pro Tern Holly Merrill Raschein,District 5 Yes 74 Commissioner Michelle Lincoln, District 2 Yes 75 Commissioner James K. Scholl, District 3 Yes 76 Commissioner David Rice, District 4 Yes 77 78 79 8o a�r� ,s,,a-r. �''�°�, BOARD OF C• +. TY COMMISSIONERS 81 °' ,� it `7"l r OF MONKO,= "LINTY, ,- RI P 82 �rtri1U' S . UUU 8 8- ¢� .F.`r^ t�\",_.? 9) •YORCP A IG CA ES 85," r 11a f s �"."• � `" +r>a :�; MONROE COUNTY ATTORNEY r '� � , �. `� �!P VEO TO Of�M N 1 86 F fi f ,� C� i � CPS ^�'�.�� �_ 87k r„N, ,es;1 Date: 1/3/23. - :1. 88 ATTEST: KEVIN MADOK, CLERK "a:: 89 i .;. . G — 90 ram.. . 91 S DEPU Y C ERK CD co Resolution No. 050 -2023 Page 2 of 2 BOCC Transmittal: File 2022-105 1 EXHIBIT A TO RES. NO. 050 -2023 �T ), i 2 ,AJ' � IP9' s t` 4S` 5 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2023 10 11 12 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE 14 COUNTY 2030 COMPREHENSIVE PLAN POLICY 501.1.1,POLICY 15 501.1.2, POLICY 501.2.2, POLICY 501.2.3, POLICY 501.3.1, AND 16 POLICY 501.3.3 TO ALLOW AIRPORT IMPROVEMENTS,WHICH 17 MAY IMPACT HAMMOCK AREAS WHEN THERE IS NO OTHER 18 VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST 19 INTERNATIONAL AIRPORT AND THE FLORIDA KEYS 20 MARATHON INTERNATIONAL AIRPORT, CONSISTENT WITH 21 THE AIRPORT MASTER PLAN (AMP) AND AIRPORT LAYOUT 22 PLAN (ALP) FOR EACH PUBLIC AIRPORT AND CONSISTENT 23 WITH ALL APPLICABLE FEDERAL AND STATE 24 PERMIT/AUTHORIZATION REQUIREMENTS, INCLUDING 25 MITIGATION FOR ENVIRONMENTAL IMPACTS; PROVIDING 26 FOR SEVERABILITY; PROVIDING FOR REPEAL OF 27 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL 28 TO THE STATE LAND PLANNING AGENCY AND THE 29 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO 30 AND INCORPORATION IN THE MONROE COUNTY 31 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 32 DATE. 33 34 35 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida 36 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 37 health, safety, and welfare of the County's citizens; and 38 39 WHEREAS, the County is authorized by Florida's Airport Law of 1945 to exercise 40 regulatory authority over the Key West International Airport and the Florida Keys Marathon 41 International Airport; and 42 43 WHEREAS, the adopted 2030 Monroe County Comprehensive Plan includes Policies 44 501.2.2, 501.5.2 and 501.5.3 which require that the Marathon and Key West airports shall be 45 expanded consistent with the needs identified in the updated master plan as approved by the BOCC 46 and that Monroe County shall continue to maintain and update a master plan, and the Airport Ord -2023 Page 1 of 9 File 2022-105 I Layout Plan for each public airport pursuant to the rules of the Federal Aviation Administration; 2 and 3 4 WHEREAS,the Key West International Airport and Florida Keys Marathon International 5 Airport are public airports that receive federal funding from the Federal Aviation Administration 6 and the Florida Department of Transportation must comply with operational safety requirements 7 and compliance directives, development restrictions, and environmental protection and mitigation 8 requirements, as set forth in the Code of Federal Regulations (CFR) and State Statute; and 9 10 WHEREAS, both public airports require an Airport Master Plan (AMP) and an Airport 11 Layout Plan (ALP) which require approval by the FAA as well as the Board of County 12 Commissioners at a public meeting; and 13 14 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 15 for the Key West International Airport on January 22, 2020; and 16 17 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 18 for the Florida Keys Marathon International Airport on June 17, 2020; and 19 20 WHEREAS, some of the future airport improvements at the Florida Keys Marathon 21 International Airport may impact hammock areas when there is no other viable alternative 22 available; and 23 24 WHEREAS, the Airport Department is requesting text amendments to Policy 501.1.1, 25 Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, Policy 501.3.1, Policy 501.3.3 to allow airport 26 improvements, which may impact hammock areas when there is no other viable alternative 27 available, at the Key West International Airport and the Florida Keys Marathon International 28 Airport, consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each 29 public airport and consistent with all applicable federal and state permit/authorization 30 requirements, including mitigation for environmental impacts; and 31 32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 35 manage land use and development; and 36 37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 38 considered the proposed amendments at a regularly scheduled meeting held on November 14, 39 2022; and 40 41 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 42 public hearing on the 14th day of December,2022,for review and recommendation on the proposed 43 Comprehensive Plan text amendment; and 44 45 WHEREAS, based upon the information and documentation submitted, the Planning 46 Commission made the following Findings of Fact and Conclusions of Law: Ord -2023 Page 2 of 9 File 2022-105 I 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2 Monroe County Year 2030 Comprehensive Plan; and 3 2. The proposed amendment is consistent with the Principles for Guiding Development 4 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 5 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; 6 7 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P35-22 8 recommending approval with changes as discussed during the hearing of the proposed amendment; 9 and 10 11 WHEREAS, at a regular meeting held on the 181h day of January, 2023, the Monroe 12 County Board of County Commissioners held a public hearing to consider the transmittal of the 13 proposed text amendment, considered the staff report and provided for public comment and public 14 participation in accordance with the requirements of state law and the procedures adopted for 15 public participation in the planning process; and 16 17 WHEREAS, at the January 18, 2023, public hearing, the BOCC considered the proposed 18 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 19 Agency; and 20 21 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 22 Objections, Recommendations and Comments (ORC)report on received by the 23 County on ; and 24 25 WHEREAS, the ORC report<did/did not>identify any objections, recommendations, or 26 comments; and 27 28 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 29 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 30 31 WHEREAS, at a regularly scheduled meeting on the day of , the 32 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text 33 amendment; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 37 38 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 39 (Deletions are shown st+i e t4-etig,; additions are shown underlined): 40 41 ***** Ord -2023 Page 3 of 9 File 2022-105 1 2 3 4 Objective 501.1 5 Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote 6 the preservation of existing airports, airstrips, and related activities. 7 8 Policy 501.1.1 9 Monroe County shall maintain aviation related land uses adjacent to the public airports and 10 additionally prohibit intrusion into all airport zones. Monroe County shall continue to 11 coordinate with the City of Key West and the City of Marathon to maintain the 12 compatibility of lands adjacent to the County airports and address airport hazards, which 13 affect the safe and efficient use of County_public airports. 14 15 Policy 501.1.2 16 Consistent with Section 333.02, F.S., Monroe County finds that an airport hazard (an 17 obstruction to air navigation) can endanger the lives and property of users of the airport 18 and of the occupants of land in its vicinity and, if the obstruction We reduces the size of 19 the area available for the taking off, maneuvering, or landing of aircraft, it could destroy or 20 impair the utility of the County public airport and the public investment therein. 21 22 Existing,planned, and proposed facilities on the County's public airports included within 23 the adopted updated Airport Master Plan and Airport Layout Plan, as identified in Policy 24 501.1.7, shall be protected from airport hazards. 25 26 Monroe County shall continue to prohibit structures and activities that interfere with the 27 operation of aircraft at airports and airstrips whether public or private. Such structures and 28 activities, include but are not limited to, tall structures, smoke, tall trees, and 29 electromagnetic radiation. 30 31 Policy 501.1.3 32 Monroe County shall consider adopting an ordinance regulating incompatible uses such as 33 the operation of ultralights,balloons,parachutes,kites,banner towing,model airplanes and 34 similar activities within the proximity of the public airports or private airstrips to the extent 35 legally possible. 36 37 Policy 501.1.4 38 Monroe County shall continue to include existing airports and airstrips in airport land use 39 districts that only permit airport related land uses, including those the County owns and 40 operates within incorporated areas of the County. 41 42 Policy 501.1.5 43 Monroe County shall encourage the development of aviation facilities and activities that 44 relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering 45 goods and services to the community. 46 Ord -2023 Page 4 of 9 File 2022-105 I Policy 501.1.6 2 Monroe County shall provide space at public airports for a wide variety of aviation 3 activities in order to provide a wide variety of services to the community. 4 5 Policy 501.1.7 6 The "Key West International Airport Layout Plan," prepared by Ricondo & Associates, 7 Inc., dated January 2020 and approved by the BOCC on January 22, 2020, and the"Florida 8 Keys Marathon International Airport Layout Plan," prepared by Ricondo & Associates, 9 Inc., dated June 2020 and approved by the BOCC on June 17, 2020, are hereby 10 incorporated by reference. 11 12 Objective 501.2 13 The expansion of existing or new airport and airstrip facilities shall be coordinated with the 14 future land use, coastal management, and conservation elements and all applicable federal and 15 state requirements for operation, development, and environmental protection of federally 16 obligated airports. 17 18 Policy 501.2.1 19 The development and expansion of aviation and related facilities shall be consistent with 20 the future land use, coastal management and conservation elements as outlined herein. 21 22 The Key West International Airport and Florida Keys Marathon International Airport are 23 public airports that receive federal funding from the Federal Aviation Administration and 24 must comply with operational safety requirements and compliance directives, development 25 restrictions, and environmental protection and mitigation requirements, as set forth in the 26 Code of Federal Regulations (CFR) Title 2 Grants and Agreements and Title 14 27 Aeronautics and Space, and all referenced and implementing guidance including;National 28 Environmental Policy Act (NEPA), Airport Improvement Program, Part 139 Airport 29 Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters 30 (PGL). Further, both public airports receive state funding from the Florida Department of 31 Transportation and must comply with all applicable Florida State Statutes, including Title 32 XXV Aviation, Chapters 329, 330, 331, 332 and 333. 33 34 The provisions within Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2, 35 Policy 204.2.3, and Policy 204.2.4 shall not apply to the Key West International Airport 36 and the Florida Keys Marathon International Airport due to the overriding public interest 37 for the development and expansion of aviation and related facilities, including fencing, at 38 these public airports to support the economy of the Florida Keys, relieve increasing traffic 39 and congestion on U.S. 1, and to enhance public health, safety and welfare. 40 41 Any development and/or expansion of aviation and related facilities at these public airports 42 will be reviewed based on the requirements below and may proceed with local approvals, 43 provided the improvements: 44 • Are consistent with the adopted Airport Master Plan and Airport Layout Plan; 45 o The Key West International Airport Master Plan Update, dated September 46 2019, and Airport Layout Plan, dated January 2020,which were approved Ord -2023 Page 5 of 9 File 2022-105 I by the BOCC on January 22, 2020, and identifies proposed airport 2 improvements through 2035. 3 o The Florida Keys Marathon International Airport Master Plan Update, 4 dated June 2020, and Airport Layout Plan, dated June 2020, which were 5 approved by the BOCC on June 17, 2020,and identifies proposed airport 6 improvements through 2036. 7 • Meet federal requirements set forth by the FAA for airports that receive federal 8 funds for airport operations and development; 9 • Comply with all applicable federal and state environmental resource 10 permit/authorization requirements, including mitigation to compensate for the 11 functional loss resulting from the permitted wetland impact; 12 o Mitigation for wetland impacts shall be in accordance with State and 13 federal requirements. 14 o Mitigation may include, but is not limited to, wetland enhancement, 15 restoration, creation and/or a preservation project which may be onsite 16 mitigation, offsite mitigation, Regional Offsite Mitigation Areas 17 (R.O.M.A) and the purchase of mitigation credits from permitted 18 mitigation banks. 19 o The satisfaction of mitigation requirements will be prioritized within the 20 County, based on state and/or federal agency requirements. 21 • Are reviewed pursuant to the "Permit Referral Process" for development that 22 occurs within areas designated as "Species Focus Areas (SFAs)" or "Species 23 Buffer Areas (SBAs)" as specified in the U.S.Fish and Wildlife Service(USFW S) 24 April 30, 2010 Biological Opinion. The SFAS or SBAs are areas identified by the 25 USFWS which contain potentially suitable habitat for nine federally protected 26 species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, 27 Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus 28 Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail; and 29 • Meet Monroe County Comprehensive Plan goals, objectives, and policies to the 30 extent practicable given required federal and state obligations, to enhance the 31 quality of life, ensure the safety of County residents and visitors, and protect 32 valuable natural resources. 33 34 For development at the Key West International Airport and the Florida Keys Marathon 35 International Airport, this policy supersedes wetland restrictions for open space 36 requirements, restrictions on fill or structures in wetlands, and fencing into or through any 37 wetlands or water bodies within the land development code. 38 39 40 Policy 501.2.2 41 The Florida Keys Marathon International Airport and Key West International Airport shall 42 be expanded and improved to be consistent with the needs identified in the updated Airport 43 Master Plan and Airport Layout Plan as approved by the Board of County Commissioners. 44 The Key West International Airport Master Plan Update and Airport Layout Plan were 45 approved by the BOCC on January 22, 2020,and the Florida Keys Marathon International Ord -2023 Page 6 of 9 File 2022-105 I Airport Master Plan Update and Airport Layout Plan were approved by the BOCC on June 2 17, 2020. 3 4 The Key West International Airport and Florida Keys Marathon International Airport 5 operate under strict federal and state requirements and must follow an extensive process 6 for update, review and approval of the Airport Master Plan and Airport Layout Plan to 7 ensure these requirements are met. This comprehensive planning process occurs every five 8 to ten years and includes public, federal, and state agency review of the proposed future 9 development at each airport. The updated Airport Master Plan and Airport Layout Plans 10 (ALP) arei-s approved by the FAA as well as the Board of County Commissioners at a 11 public meeting. 12 13 Policy 501.2.3 14 If development activities to construct or expand airport or airstrip facilities take place in 15 environmentally sensitive wetland areas because there is no other viable alternative 16 available, mitigation and restoration shall be required and approved according to federal 17 and state permitting requirements. 18 19 If development activities to construct or expand airport or airstrip facilities take place in 20 environmentally sensitive native vegetation areas because there is no other viable 21 alternative available, the activities will be reviewed pursuant to the "Permit Referral 22 Process" for development that occurs within areas designated as "Species Focus Areas 23 (SFAs)" or "Species Buffer Areas (SBAs)" and will be subject to the County mitigation 24 standards. Removal of qualifying upland native vegetation will require payment to the 25 Monroe County Environmental Land Management and Restoration Fund in an amount 26 sufficient to replace each removed plant or tree on a 2:1 basis. 27 28 Objective 501.3 29 Airports and airstrips shall operate in the manner to maximize safety and least adverse impact 30 on the community. 31 32 Policy 501.3.1 33 Consistent with Policies 501.1.2 and 501.3.3, Monroe County shall maintain the existing 34 hammock along Aviation Boulevard, which is not located within the Federal Aviation 35 Administration (FAA) required Runway Obstacle Free Area (runway clearance 36 requirements) prohibiting above ground objects within 250 feet of the runway centerline, 37 as a buffer between the Marathon Airport and the residences to the north. 38 39 If removal of a portion of the buffer is required because no other viable alternative is 40 available, all invasive exotic vegetation must be removed from the remaining buffer area 41 and replaced with appropriate native vegetation to maintain the habitat. 42 43 Monroe County shall maintain coordination mechanisms with the City of Marathon and 44 inform the City on the removal of hammock along Aviation Boulevard required to ensure 45 safe operations at the Florida Keys Marathon International Airport. 46 Ord -2023 Page 7 of 9 File 2022-105 I Policy 501.3.2 2 Monroe County shall maintain and update the Key West International and Marathon Noise 3 Exposure Maps and implement measures to minimize the adverse impacts of noise on the 4 surrounding community. 5 6 Policy 501.3.3 7 Facilities at public airports shall be built to meet or exceed federal, state, and local safety 8 regulations as applicable. Monroe County shall prioritize safety in evaluating public airport 9 development projects; particularly to address airport hazards which obstruct or cause an 10 obstruction to the airspace required for the flight of aircraft in landing or taking off at such 11 airport or is otherwise hazardous to landing or taking off at such airport. 12 13 14 ***** 15 16 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 17 provision of this ordinance is held invalid,the remainder of this ordinance shall not 18 be affected by such validity. 19 20 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 21 conflict with this ordinance are hereby repealed to the extent of said conflict. 22 23 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 24 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 25 26 Section 5. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 27 Secretary of the State of Florida but shall not become effective until a notice is 28 issued by the State Land Planning Agency or Administration Commission finding 29 the amendment in compliance with Chapter 163, Florida Statutes and after any 30 applicable challenges have been resolved. 31 32 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 33 in the Monroe County Comprehensive Plan. The numbering of the foregoing 34 amendment may be renumbered to conform to the numbering in the Monroe County 35 Comprehensive Plan. 36 37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 38 at a regular meeting held on the day of 39 40 Mayor Craig Cates, District 1 41 Mayor Pro Tem Holly Merrill Raschein, District 5 42 Commissioner Michelle Lincoln, District 2 43 Commissioner James K. Scholl, District 3 44 Commissioner David Rice, District 4 Ord -2023 Page 8 of 9 File 2022-105 1 2 3 4 5 BOARD OF COUNTY COMMISSIONERS 6 OF MONROE COUNTY, FLORIDA 7 8 BY 9 MAYOR CRAIG CATES 10 11 (SEAL) ONROECOUN8TYATTOR'NEY,...- �� us ass rucrav 12 13 ATTEST: KEVIN MADOK, CLERK 14 15 16 AS DEPUTY CLERK Ord -2023 Page 9 of 9 File 2022-105 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO PLANNING DEPT 102050 OVERSEAS H WY KEY LARGO FL 33037 Account: 423741 Ticket: 3874014 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared Melinda Prescott ,who on oath says that he or she is The legal advertising representative of the Key West Citizen,a five day newspa- per published in Key West,in Monroe County, Florida;that the attached copy of advertisment,being a legal notice in the matter of was published in said newspa- per in the issues of: Saturday, December 31,2022 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 Tuesday thru Saturday weekly,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 advertise- ment for publication in the said newspaper. . (Signature ofAffiant) Affirmed and subscribed before me this 18th day of January 2023 (Notary Public Signature) Laura M Robins (Notary Public Printed Name) My commission expires 9/26/2026 Personally Known X Produced Identification Type of Identification Produced (Notary Seal) yw ��1�'tryio7rrm ilr�sGv�zn M�"hk�GI���GM i ttWi d ni�us2SPtz2t' 9AKEYS CITIZEN•WEEKEND EDITION,DECEMBER 31,2022-1ANUARv 1,2023 11 11 �i `e I I M d �.\ j, ..h,L,Te las-[time. ular,..td„r event Visit flight attendant in a section {-{- atturne at[his LORD, Sushi dun'[know tic y how http//wwva,leppyj,....,,m. Ofga replica aircraft during a Attorney 1 know that we all want FROM PAGE lA FOR going rofeel in theshueat Iu the Key West lli..rori, ticketed Gatsb)-style party at FROM PAGE lA a fair and,pen process, the moment,but IT.sure it's SLanett, New Yeats Eve First flight I,land Restaurant in, d,n.that encourages "Su it exciting,it ..art M,inM to be very emotional mL .nt t centered &Brewery,301 Whitehead ..1,,w,d the C,..nt)j,6 t any qualified candidates ,f danger,....because),l, fur mc"said Martin. ..pit the Soh„ner Wharf St,who...historic building Open,tunities, but t t to apply" don't know what's Ming, The h •eel drop is ,f Bar, 202 William St., and is known as-the birthplace li,tmg,to,,up off we)in The c ml., will and you're above the whole many events New Year',Eve celebrate, the island'.. of Pan Am;and the offbeat Key Wn,t" also hold aTqua..l-judicial audience—bull enjoy every par tier..c of R from reledth..rafting heritage. "tuna drop"a[the Sund,m' Kaufmann is,un,.med hearing on, whether , m Ton,efit"Marian said several lighthearted takeoffs just before nidnight, Tuna Sal„n, 4 Charles that nu application,have nutm appr, ,t major Sin,n its it,.ph""the , the Times Square gala "pirate w nHh'is lowered St. To,,information, visit been received to the city, red-olepment plan Red She'Drop has-become midnight approach., from the Cup,to maj...ti,tall http://wwva.fa,ol k. despite the, m., T m r Nate an LN,ting ,fain,....that it'..often Saturday,Dec 31, ..hip..mast—completing L B,/Sun,RtPierKR)We..V. pro,in..,l) disco,,ing building on,the featured, national and Part) people ,T lower her de..cent as-the cluck http://—.firstfiightkw. that they could expect The Basilica Of St.Mary mtemati,nal New Year',Eve Duval Street can tn watch the strike,and c. T..D„m cr and http://www. fewer applicants with the Star,f the Sea prup.rty [elevisi,n pro grams-.Even..,, "drop",E a Mivan[ic m - m wet c,me2023. The sn,kin[unas-al„n.c,m. app,intmen[,E an interim. inmahiuh..ch„I.The two- Marion has-determined that made conch..hell,they OR I Lent include..live m While the liting here "Our .mint. ..mry..truer...is located dri..will D.S-In',las-tyearin of the Florida Keys,to the flat dancinn and festivities at the Outlines New Year', Eve discussed the,un,.m that within the city,Ifi..wUR the..p,tlight, „f Of Sloppy j,e..Bar,201 Soh„nor What.Visit http:// highlights in Key West, the City could rna,unabl) Public and Semipublic Plan,call fur the high- Duval St.Fr,tivitio,will be Be ...of n.rwharf,um/. celebration,elsewhere in expect fewer application, Service, DIPS) zoning heeled happening m I ted fr,mther„ftup to Id Revelers al..,can applaud the Fl,rida Key, include with the hiring ,f an xt district- ,ndn...n. NewYeaC,Eve Sanad,and,as-a huge duck a hge Tree ion Of a Key luim waterfront e watont firew,rk, interim city att,me)from Designated with a different drag queen, cants down the..L and, wedge..plas-hing d,wn inro di..play..,gala dinners and within [he office," Fail audimrium mdaye the likely m be,h,..en during m midnight,the,,p.r..I,,it a larger-than-life margarita other c,l,rful f...tivitie..A Kaufmann. "The City building is part,f the June..Key West Pride festival. shell Doubts R dD,,end.Live Mlas-..in, the Sun..a Pier at c(mplete r,..ter,f holiday Manager pe,itien received Basilica,f St Mary Star But late Saturday night,as- I t and dancing h"ione Ocean Key Rc,,rt&Spa, a,thitin,and special events well over 40 appli,atur— ,f the Sea..of I camp., the final seconds of2022 tick Sloppy j,es round out the 0 Duval St,paired with a df ugf of the Keys,an be It appear..that the City and was-hismri,alp used down m the dawn,f 2123, r v.lry. N, r Nations perfe—an,e D)The Real, v wed at http://www.fla- has- n,[ rL Ned any as-high set 1,until it was e eser ate •eel Sushi is m"drop"in the red ,r tickets are taken fur the Band;the"landing",f a key s.,,m/,al.ndar/. appli,atiens t,, city ..buttered 36 years ago. 9i}V9I�� �I r Ill h���, uuuu IIII Ciry He l 1 I ')•', Key PS,t,BL 33040 �Iil IIII * ' City of Key West,FL n Meeting Agenda Tree Commission qM Tuesday,January 10,2023 5:00 PM City Hall y� ry�AIuII ADAAssislanse:It is the policy of the City of Key Wesl to comply 111 1111 lio If 11111111111 11111 1 11 1 11111111111111111111111 with all requirements of in.Ameds.ns with Disabilities Ad(ADA). FIG....It the TTY number 1-800-955-8771 or for Noise l-800-955- MONROE COUNTY BOARD OF 8]]0 ortduA..f.,didatorug.i809-3811 at leas NG li.t.ness days in advance for sign language interpreters,assistive listening �i COUNTY COMMISSIONERS INis..,UKnot.d.IAinA Ilibl.form.L NOTICE OF PUBLIC MEETING AND FORVISUALPRESENTATIONS:IndividmiA......ponsbletoshare their presentation at the meeting on their laptop through Zoom.For City Commssimon.tingsthe City CI.W.OffisewUlneedAsopyfor NOTICE OF PUBLIC HEARING the agenda t least 6 days before the meeting. NOTICE OF CHANGE TO MONROE ou may atlentl/participate vidually via Zoom by telephoning 646 opuVVVJpuquuuuuuuuuuuuuuuuuuuuuuuuuu COUNTY COMPREHENSIVE PLAN 5588656Mee0nglD:B]143105439 Passcotle:66366]oronl ne at: ° •' ° " "''-s( °'�fi 'C m htlps'laitvofkevwesl-fl-C.N.—m usl/84072523041 NOTICE OF CHANGE TO MONROE Passso it.:663667 COUNTY CODE OF ORDINANCES CAR Meeting I.Ou r gyp/, �prp��pl.;yy JANIIAPY10,2J9 ROIL CAR NOTICE IS HEREBY GIVEN th-,Rad.ley,Jenuery 10,2lZi,the Me..County win Buell b County Commcs m hil Iola Pbl m,Met beg,npp at..AM Pled BIG of Al le gi.nse to the Flag xnm _t The LOGO meet,,wlIb FIT hybaf II gh pbId to Ate,a ether O, CH7YCAUIYpYOUC^11CMrNy LTD Gwe2do. ecenter�,Ed at Their OEd-,s Hghway,Mar;dhoId FL h33060 R Approval of Agenda Ullow,g terv,,II be eons sere'at the PUBLIC HEARING: 1 r may PUBLIC HEARINGS:09.00AM(oress Ad.nst.r ng the Oath by the C lark of the CO.m scot rt��q�r)�q !��vlllI w ntlemefh:res be leerrq: j fP(y NiMk Uf. 1'm° 'OItU AN ORDINANCE BY TXE MONROE COUNTY BOARD OF COUNTY COMMlSSI0NER5 Approval of Minute. ° UPDATING THE FIVEYEAT SCHED LE OF CAPITAL IMPROVER ENTS TABLE FOR FISCAL YENRS 2023-202],LOCATED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF New Business piyW� y THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PUN,PURSUANT TO FLORDA I Iwa'ro STATUTE§163.3177C)PROVIDING FOR SEVEPABILIrv,PROVIDING FOR REPEAL OF 520 Emma Slreel/I2022 0431/John T. INCONSISTENT PROVISIONS,PROVIDING FOR SUNG WITH THE SECRETARY OF STATE, Coop,r PROVIDING FOR INCLUSION IN THE MONROE COUNTY YEAR sen 2030 COMPREHENSIVE Rep2tetl by:John Hartman PLAN,PROVIDING FOHAN ETFECIVE DATE THE 2022-160J Requestne approval to 2move(1)Sapodll,tee. / /� AN ORDINANCE BY MONROE COUNTONE LGZONERS VLJW Y� Cafaz�rr5aa sen I eroc 0 esr�r Y BOARD OF COUNTY C ADOPTING AMENDMENTS TO THE MONROE COUNTS 2030 COMPREHENSIVE PLAN TO 3722 DuckA.../T20220433/Mansur Mampov AMEND POLICY 501.11,POLICY 5011.2,POLICY 50122 POLICY 50123,POLICY Rep2sentetl by:seen C-don-Taman 501 31,POLICY 501 3.3 TO ALLOW ARPORT IMPROVEMENTS,WHICH MAY IMPACT Requestn9 approval to 2move(,)Spflnish Gme,(,)Gumbo ITAIMMOCK AREAS WHEN THERE IS NO OTHER VIABLE ALTERNATIVE AVALABLE Limbo,and, Buttonwood tee. 9rar's AT THE KEY WEST _ INTERNATIONAL AHPOm AND THE FLORIDA KEYS MA—Le () T \dll[aIAY eWS GDnl N .II INTERNATIONALAHP0FT CONSISTENT WITH THE ARPORT MASTER PLAN CEMP)AIND -�� AIRPORT LAYOUT PLAN CULP)FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH 400-900 Blocks Jot,d SR2 /T2022-0440/Ciry of Key West ALL APPLICABLE FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS, Rep2sentetl by:Ryan Stachurski-Multimodal Coordinator, INCLUDINGMITIGATION FOR ENVIRONMENTAL IMPACTS,PROVIDING FORSEVEHABILLY Engineering Dept Utility Board of the City of Key West Rate To THESTnEHI DPLANNINGAGENIANDTIHE SSEcFUrawo sru�oVIOI s Requeatire approval to 2mo,a(1)Sta,gl,,Fig,(1)Sihar WRAMENDMENTTOAND INCORPORATION IN THE MONROE COUNTS COMPREHENSIVE Buttonwood(2)G2en 3,Ronwood(1)Jamaican Dogwood Tariffs PLAN,PROVIDING FOR AN EFFECTIVE DATE THE 2022-105) (2)S pa,ish Run,a,d(1)Royal Poinciana tee.This p oN on AN ORDINANCE BY TXE MONROE COUNTY BOARD OF COUNTY COMMlSSI0NER5 of United SR2 is being redesigned to improve pedestrian fl,d The Utility Board of the City of Key West approved changes to Keys Energy APPROVING A COMPREHENSIVE PLAN AMENDMENT TO THE 2030 MONROE COUNTS biciE ist transportation.New tee wells have been incorporated Serviced Rate Tariffs dun ne a pual eeting on Septem her 14,2022. COMPREHENSIVE PLAN ESTABLISHING THE STOCK ISLAND WORKFORCE SUBAREA into the design. 2,ESTABLISHING THE BOUNDARY OF THE STOCK ISLAND WORKFORCE SUBAREA 2, Al Keys Energy Services'customers are subject to the provisions ofthe LIMITINGTHE PERMITTED USES OFTHE SUBARFATO DEED RESTRICTEDATFOPDABLE re,i sed Rate Tariffs effective,January 1,2023. HOUSING DWELLING UNITS,ESTABLISHING THE MAXIMUM NET DENSITY FOR 711 Atha Sl2 UT20220444/G2gory Long AFFORDABLE HOUSING HEIGHT AND OFF STREET PARKING REOUREMENTE IN THE Rep2sentetl by:Kenneth King The Rate Tariffs are available upon request at Keys Energy Services' SUBANEq ELIMINATING It IATED DENSITY AND NONFESIDENTIAL FLOOR AREA Requesting approval to 2move(1)Japanese Fem t2 ocated at1001 James Street,or On Keys Energy Services websi2at NATO PROVIDING FORTHE CONVERSION TRANSFER OF MARKET DATE ROGO EXEMPTIONS TO TPAN SENT AND PROVIDING FOR THE SETBACK REQUIREMENTS http''//vwvw.keyse,ergycoin/aato.er-s,,e policy-m anualllueba i WITHIN THE STOCK ISLAND NOEST0RCE SUBAREA 2 FOR PROPERTY LOCATED Al 12 Hilton IT,,,Drive/T2022-0445/12 Hilton IT,,,Road LLC 6500 MALONEY AVE STOCK ISLAND CURRENTLY HAVING PARCEL IDENTIFICATION Rep2sentetl by:Kenneth King NUMBER 00126090000000,AS PROPOSED BY ROY'S TTALER PARK,ING,PROVIDING Requesting approval to 2move(1)St,,gler Fig tee. FOR SEVE RIILIrv,PROVIDING FOR HERE OF CONFLICTING PROVISIONS,PROVIDING ^^ FOR TRUN SMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECFFTAHY OF ?'''v STATE PROVIDING FOR INCLUSION IN THE MONROE COUNTS CODE,PROVIDINGFORAN 2214Sedenberg Avenue/T2022044]/Kng Holdings ll of Key 1 EFECLIVEDATE(HLE2022072) West LLC Rep 2sentetl by:Kenneth Kng /��vrWl w AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMlSSI0NER5 Requesting approval to 2move 2 Gumbo turbo and, Royal AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES TO REVISE THE REGO ONE OF O O _ ALCOHOL SAL ES ANDCONSUMPTION,INCLUDING UPDATING THE LICENSE CATEGORIES Poncana tee. FROM TLORDA DIVISION OFALCOHOLIC BEVERAGES AND TOBACCO,PROVIDING FOR NOTICE OF SELECTION DATEHABILITS AND REPEAL OF INCONSISTENT PROVISIONS PROVIDING EFFECTIVE 619 Whtlam Nt VT2022-0456/619 KeyWest LLC DATE PROVIDING FOR INCORPORATION INTO THE MONROE COUNTS CODE OF ORDINANCES THE 2022 03E) Rep 2sentetl by:Kenneth King COMMITTEE MEETING FLORIDA A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMM6510NER5 RequeatHe approval to 2move(1)Sandbox tee. KEYS AQUEDUCT AUTHORITY DNSIDERNGAHDDESTTDW D HYHDDSING REQUIREMENT FOR tie,Mi :dLane/T2022040Z/Malc0lmBurgis PEDEVELOPMENTWITHACHANGE OF USE INCFR SING HOUSING DEMAND OFA UNIT WI THIN AN EXISTING CO MMERCIAL SHOPPING CENTER TO CATED AT 91200 OVERSEAS Rep2sentetl by:Kenneth King HIGHWAYLLEYERNIER MILEMERKERGI AND DESCRIBED AS A PARCEL OF FOND IN Requesting approval to 2move(1)Sea Grape tee. THURSDAY,JANUARY 5,2023 SECTION 33,TOWNSHIP 62 SOUTH,LARGE Fit EAST TAVERJIER,MONHOF COUNTS, 0J (FIL 2LORDA HAVING PPTTCEi IDENTIFICATION NUMBER 0003G910000100. E 2022- 2210 SDa,,A nue/T20220459/Linda&And2W ratio,, 10:00 a.m. Rep2sentetl by:Kenneth King A RESOTH WAY BIG MONROAPPROXIMATE MITE MARKER3CO ininS SIDED Requesting approval to 2move(,)Autog rnph tee. A RESOLUTION OF THE MONROE COUNTS BOARD OF COUNTS COMMISSIONERS The purpose Of the S..efiOn Committee Meeting 6 to mnk the AppHOVING A SPECIALPEHMITAONAGE GA TEMPORARY CONSTRUCTION PR STAGING OJECT AT 1616 At antic Blvd/T20220461/Cata Casettes FDA pmp0sal packages submitted by Consulting Firms In response to PPROFERYLEG LU DESCRBE AS BLO CKE]LOT1 DOCTOALLY PRSARMESUBDIVISION 1ST Re OR— Rsentetl by:Kenneth King FKAA-RW-0001-23.The Committee will discuss the scores and ADDITION PLAT BOOK 4 PAGE 140 BIG PINE KEY,HAVING PARCEL IDENTIFICATION Requesting approval to 2move(1)Ja,ara,da tr,, rank the fins who submitted prop—I packages. NUMBER00312020-000000.PILE 2o22-244) Additional information is availableues[from Davil Jaclaon Please visftle Me..Coumy Websbe et www.monmecoumy-fl.ge,fin meeting 1701 Von Ph istor StY,t ROW/T2022-0462/CrE of Key West upon req .germ updms mH hAdensrin hunding the embus opare, Vals,to the Rep....tod by Eric De Ph art Top,Ty own r Purchasing Manager,1100 Kennedy Drnle.,Key West,R 33040, public m New the INs odstim and/or m mole public dReBoAa on ceeein Requesting approval to 2move(1)Mahogany tee. (305)295-2244,dacks0n@fkaa..m. .germ hems. Pursuant to Se,ion 2860105 Florida Stahi v,if a parse,aeod,o to appeal any 724 Dwel St2et-0V Petmnifl St2e VT2022-0465/Joseph THE meeting can be attended by the public at the following address '., eeti Sion ofthe BooardNa Koh metier 1100 Kennedy Dme,Key Wes[,FL 33040 fo the mpp or f county commissioners,with rupee to any minter consmere hearing he or she will need ar,,old of the proceeaings,aria that, Rep2sentetl by:Kenneth due for such purpose,he or oh e nmyneeato ensure aver I,-.,cola of the pro ceeainy Re t Ito 2move,Se tlillfl tee. Ishad,which rewm Ind,aea Fie Nstimony&saEno,upon which Fie appeal taco quealpg approval Sapodilla AOA ASSISTANCE:I1 you are a person with a disability who needs be based. special accommodations In older to participate In fi s proceeding, AN ASSISTANCE,II wAh a di-Rid,who needs.. I Administrative H..ring pleasecontact8le Florida KeysA g(305J annmmodnieve quedectAuthenty byphoninm oarto parto'pale b this pmceef,A,please m des 29y2244 r,,Ray Admie dat—Beet by phmkg(305)Y9Y-444f,bar.the heua d 1009 Southard St t-10 Low,,Lane/TC202200013 ADAa.m.-590 p.m.,rm setts,h five(5)ascend',days poor to the sa,e t Respondent carte Lawinski 01sclalmer: ­^g%illTMtamh®erg or vokeimpaiaM call"11f." One Pigeon Plum tee hat been improperly trimmed. Meeting chargesoi updates will be postedon wwe,ha.coal The K,,Wen Rd,en ORYT) Publish Smurddy,December 31,2022 AU.......t