Resolution 230-2023 2
3
4 V"
5 , „
6
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 230 -2023
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
13 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
14 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
15 THE INTRODUCTION AND BACKGROUND,AND GLOSSARY OF
16 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
17 CLARIFY THE CONTINUING APPLICATION OF THE MONROE
18 COUNTY 2030 COMPREHENSIVE PLAN TO DEVELOPMENT
19 AND TO CLARIFY THE GENERAL AND DEFINED TERMS
20 SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS
21 WITH THE MONROE COUNTY CODE(S); PROVIDING FOR
22 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
23 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
24 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
25 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
26 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
27 DATE.
28
29
30 WHEREAS, the Monroe County Board of County Commissioners conducted a public
31 hearing for the purpose of considering the transmittal to the State Land Planning Agency (the
32 Department of Economic Opportunity) for objections, recommendations, and comments, and to
33 the State of Florida's other executive branch agencies for review and comment on the proposed
34 amendment to the Monroe County Year 2030 Comprehensive Plan as described above; and
35
36 WHEREAS, the Board of County Commissioners of Monroe County, Florida, supports
37 the requested text amendment;
38
39 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. Recitals. The foregoing recitals, findings of fact, conclusions of law, and
43 statements of legislative purpose and legislative intent are true and correct and are
44 hereby incorporated as if fully stated herein.
45 Section 2. The Board of County Commissioners does hereby approve transmittal of the draft
46 ordinance, attached as Exhibit A. hereto, for adoption of this proposed text
amendment.
49 Section 3. The Board of County Commissioners ("Board")does hereby transmit the proposed
50 amendment to the State Land Planning Agency (the Department of Economic
Opportunity) for State-coordinated review and comment.
53 Section 4. The Monroe County Board of County Commissioners' professional staff are
54 accordingly authorized to prepare and submit the required transmittal letter and
gg supporting documents for the proposed amendment.
57 Section 5. The Board of County Commissioners("Board")does hereby transmit the proposed
58 amendment to the State Land Planning Agency (the Department of Economic
658 Opportunity) for State-coordinated review and comment.
61 Section 6. Construction and Interpretation.The construction and interpretation of this
62 resolution and all Monroe County Comprehensive Plan provision(s), Florida
63 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
64 interpretation arises out of, relates to, or is interpreted in connection with this
65 resolution shall be liberally construed and enforced in favor of Monroe County to
66 effectuate its public purpose(s)and policy(ies)of the County, and shall be deferred
67 in favor of the BOCC and such construction and interpretation shall be entitled to
68 great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
93 appeal.
71 Section 7. Severability. If any provision of this resolution, or any part or portion thereof, is
72 held to be invalid or unenforceable by any administrative hearing officer or court
73 of competent jurisdiction, the invalidity or unenforceability of such provision, or
74 any part or portion thereof, shall neither limit nor impair the operation,
75 enforceability,or validity of any other provision of this resolution,or any remaining
76 part(s) or portion(s) thereof. All other provisions of this resolution, and remaining
part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
79 Section 8. _The Clerk of Court, in his capacity as the Clerk of the Board, is hereby directed to
80 forward a certified copy of this resolution to the Senior Director of the Monroe
§/ County Planning and Environmental Resources Department.
83 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
§g Florida, at a regular meeting of the Board held on the 21 St day of June, 2023.
86 Mayor Craig Cates,District 1 Absent
87 Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
88 Commissioner Michelle Lincoln, District 2 Yes
Commissioner James K. Scholl, District 3 Yes
9( cy, Commissioner David Rice, District 4 Absent
_. BOARD OF COUNTY COMMISSIONERS
9r) .E OF MON E Y LORIDA
9 By:
9 Mayor ProTem
1
97 "e6,5 e- 06,
MONROE COUNTY ATTORNEY
98;, �� AP-,, o 2DRM
9� it, Date
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10 6t:4$ 1 ' i`
F,,F ;- 0;► ` _ ','10`_ ' ' MADOK, CLERK
102 a,.' 'bx': a
103 A" s�° ✓J 11
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104 AS 6 4* Y C RK
1 EXHIBIT A TO RES. NO. 230 -2023
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5
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2023
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
14 AND BACKGROUND, AND GLOSSARY OF THE MONROE
15 COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE
16 CONTINUING APPLICATION OF THE MONROE COUNTY 2030
17 COMPREHENSIVE PLAN TO DEVELOPMENT, TO CLARIFY
18 THE GENERAL AND DEFINED TERMS SECTIONS, TO CLARIFY
19 CONSTRUCTION OF CONFLICTS WITH THE MONROE
20 COUNTY CODE(S); PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
26 DATE.
27
28
29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
30 Statutes, the Board of County Commissioners of Monroe County, Florida ("Monroe County"),
31 possesses the constitutional police power to enact ordinances in order to protect the health, safety,
32 and welfare of the County's citizens; and
33
34 WHEREAS, pursuant to Land Development Code ("LDC") Section 102-159(b)(3) a
35 community meeting was held on February 7, 2023; and
36
37 WHEREAS, the Monroe County Development Review Committee ("DRC") thereafter
38 met to consider amendment of the below-referenced provisions of the Monroe County 2030
39 Comprehensive Plan at a regularly scheduled meeting held on April 25, 2023; and
40
41 WHEREAS, on May 24, 2023, the Monroe County Planning Commission ("Planning
42 Commission") held a public hearing for the purpose of considering amendment of the below-
43 referenced provisions of the Monroe County 2030 Comprehensive Plan and provided for public
44 comment
45
46 WHEREAS, based upon the information and documentation submitted, the Planning
47 Commission made the following findings of fact and conclusions of law:
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), Florida Statutes;
5 and
6 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
7
8 WHEREAS, the Planning Commission recommended approval including staff requested
9 edits regarding the proposed amendment; and
10
11 WHEREAS, at a regular meeting held on the 21" day of June, 2023, the Board of County
12 Commissioners of Monroe County, Florida, held a public hearing to consider the transmittal of the
13 proposed text amendment, considered the professional staff's recommendations and the
14 professional staff report, and provided for public comment; and
15
16 WHEREAS, at a regular meeting held on the 21 st day of June, 2023, the Board of County
17 Commissioners of Monroe County, Florida ("Board" or "County"), considered the subject
18 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
19 Agency (the Department of Economic Opportunity); 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 Board 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 County 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. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
39 conclusions of law, and statements of legislative purpose and legislative intent are true and correct
40 and are hereby incorporated as if fully stated herein.
41
42 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as
43 follows (deletions are shown sue; additions are shown underlined):
44
45 *****
46 1.0 -INTRODUCTION AND BACKGROUND
1
2
3 c. Rules of Construction. In the construction and interpretation of the language of this Monroe
4 County Comprehensive Plan, the rules set out in this section shall be observed unless such
5 construction would be plainly inconsistent with the manifest intent of the BOCC as expressed in
6 the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
7 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
8 Comprehensive Plan shall not be applied to any section of these provisions or regulations that shall
9 contain any express provisions excluding such construction or where the subject matter or context
10 of such section is plainly repugnant thereto.
11
12 (1) Purpose. In the interpretation and application of any provision of this Monroe County
13 Comprehensive Plan, the requirements of this Comprehensive Plan shall be held to be
14 the minimum requirements adopted for the promotion of the public health, safety,
15 comfort, convenience and general welfare.
16
17 (2) Applicability. Where any definition(s) or provision(s) of this Monroe County
18 Comprehensive Plan imposes greater restrictions upon a subject matter than another
19 definition(s) or provision(s) imposed by this Comprehensive Plan, the definition(s) or
20 provision(s) imposing the greater restriction or regulation shall be deemed to be
21 controlling. Where any definition(s) or provision(s) of this Monroe County
22 Comprehensive Plan imposes greater restrictions upon a subject matter than another
23 definition(s) or provision(s) imposed by the Monroe County Land Development Code,
24 the Comprehensive Plan definition(s) or provision(s) imposing the greater restriction
25 or regulation shall be deemed to be controlling.
26
27 (3) Generally. The provisions of this Comprehensive Plan shall apply to the
28 unincorporated areas of Monroe County. All development of whatever type or
29 character, including but not limited to landclearing and/or the making _of any any material
30 change in the appearance of any land,the clearing of land as an adjunct of construction,
31 construction, the carrying out of any building activity, or the making _of any any material
32 change in the appearance of any structure, shall comply with this Comprehensive Plan.
33 No development shall be undertaken without prior approval and issuance of a
34 development permit under the provisions of the Comprehensive Plan and Land
35 Development Code.
36
37 *****
38 Glossary
39 General
40
41 If definitions sought are not within this section, the County shall utilize the adopted definitions of
42 its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these
43 documents, the County shall utilize the term as commonly used.
44
45 Rules of Construction. In the construction and interpretation of the language of this Monroe
46 County Comprehensive Plan Glossary, the rules set out in this section shall be observed unless
I such construction would be plainly inconsistent with the manifest intent of the BOCC as expressed
2 in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
3 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
4 Comprehensive Plan Glossary shall not be applied to any section of these provisions or regulations
5 that shall contain any express provisions excluding such construction or where the subject matter
6 or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) of
7 this Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another
8 definition(s)or provision(s)imposed by this Comprehensive Plan,the definition(s)or provision(s)
9 imposing _the greater restriction or regulation shall be deemed to be controlling. Where any
greater restriction or regulation shall be deemed to be controlling. Where any
10 definition(s)or provision(s)of this Monroe County Comprehensive Plan Glossary imposes greater
11 restrictions upon a subject matter than another definition(s)or provision(s)imposed by the Monroe
12 County Land Development Code, the Comprehensive Plan Glossary definition(s) or provision(sl
13 imposing the greater restriction or regulation shall be deemed to be controllingthe greater restriction or regulation shall be deemed to be controlling.
14
15 *****
16 A
17 Abandoned means the voluntary discontinuation of a land use. When*e a property's land use 4
18 a pr-epefty has ceased and the property has been vacant for 18 months, abandonment of the land
19 use will be presumed unless the owner can show that a diligent effort has been made to sell, rent,
20 or use engage the property in a relevant€er-a legally permissible land use. This excludes
21 temporary or short-term interruptions to a land use during periods of remodeling,
22 maintaining, or otherwise improving or rearranging a facility, or during normal periods of
23 vacation or seasonal closure.
24
25 *****
26 B
27 *****
28 Building means a structure that is located on land or water engaged in a land use or that can be
29 used for supporting or sheltering any land use or occupancy,
30 btisi ess eefnfner-eW, agr4ettitttFal, storage ^ offiee r either temporarily or permanently.
31 *****
32 C
33 *****
34 CleariLg means landclearing.
35 *****
36 Construction means the act of constructing a structure or building on real property by combining
37 or arranging one or more structural or building systems, components,parts, elements, assemblies,
38 or sub-assemblies.
39 *****
40 D
41 *****
42 Development means the making of any material change in the appearance of any land including
43 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making
44 of any material change in the use of any land, construction, the carrying out of any building
45 activity, the making _of any material change in the appearance of any structure, the making g of any
46 material change in the use of any structure, the dividing of land into three or more parcels, or the
I carrying out of any mining operation,toe^ +4^f a*y boildi+i g aetiN,i E)p efa4fOr
2
3 .
4
5 The following aetivities ^r ,,,,^ shall be taken for the purposes of this Comprehensive Plan to
6 involve "development," as defined in this g jlossary:
7 a) Landclearing.
8 b) Clearing of land as an adjunct of construction.
9 c) Construction.
10 a) d) A reconstruction, alteration of the size, or material change in the external appearance of
11 a structure on land.
12 b4 e) A change in the intensity of use of land, such as an increase in the number of dwelling
13 units in a structure or on land or a material increase in the number of businesses,manufacturing
14 establishments, offices, or dwelling units in a structure or on land.
15 c—) fD Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including
16 any "coastal construction" as defined in Section 161.021, F.S.
17 d) g) Commencement of drilling, except to obtain soil samples, mining, or excavation on a
18 parcel of land.
19 e)W Demolition of a structure.
21 g)J�Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
22
23 The following tises shall not be taken for the purpose of this Comprehensive Plan to
24 involve "development" as defined in this gGlossary:
25 a)Work by a highway or road agency or railroad company for the maintenance or improvement
26 of a road or railroad track, if the work is carried out on land within the boundaries of the right-
27 of-way.
28 b) Work by any utility and other persons engaged in the distribution or transmission of gas,
29 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-
30 of-way or corridors, or constructing on established rights-of-way or to-be-established rights-
31 of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers,
32 poles, tracks, or the like. This provision conveys no property interest and does not eliminate
33 any applicable notice requirements to affected land owners.
34 c)Work for the maintenance,renewal, improvement, or alteration of any structure, if the work
35 affects only the interior or the color of the structure or the decoration of the exterior of the
36 structure.
37 d) The use of any structure or land devoted to dwelling uses for any purpose customarily
38 incidental to enjoyment of the dwelling.
39 e) A land use for the purpose of growing plants, crops, trees, and other
40 agricultural or forestry products; raising livestock; or for other agricultural purposes.
41 f) A change in use of land or structure from a use within a category specified in an ordinance
42 or rule to another use in the same category.
43 g) A change in the ownership or form of ownership of any parcel or structure.
44 h) The creation or termination of rights of access, riparian rights, easements, distribution and
45 transmission corridors, covenants concerning development of land, or other rights in land.
I "Development," includes all other development customarily associated with it unless
2 otherwise specified. When appropriate to the context, "development" refers to the act of
3 developing or to the result of development. Reference to any specific act, activity, land use, or
4 operation is not intended to mean that the act, activity, land use, or operation
5 when part of another act, activity, land use, or operation,
6 is not"development". Particular Rreference to one or more types) or number(s) of land use,
7 act(s), activity(ies), or operations is not intended to limit the generality of this
8 definition.
9
10 *****
11 G
12 *****
13 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol
14 and Paris Agreement, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
15 hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct
16 GHGEs are emissions from sources that are owned or controlled by the reporting entity such as
17 energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a
18 consequence of the activities of the reporting entity, but occur at sources owned or controlled by
19 another entity.
20
21
22 L
23 *****
24 LandcleariLg means the clearing or removal of vegetation and, including significant disturbance
25 of vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes
26 development as the making of any material change in the apearance of any land.
27
28 *****
29 N
30
31 Nonconforming Use means a land use which does not conform to a current provision or regulation
32 provided in the Comprehensive Plan and/or LDC.
33
34 Nonconforming Use, Lawful means a land use which does not conform to a current provision or
35 regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in
36 existence lawfully, prior to the effective date of the ordinance adopting the current provision or
37 regulation that rendered the land use nonconforming.
38
39 *****
40 R
41 *****
42
43 Redevelopment means the development of a site already developed. This includes but is not
44 limited to rehabilitation, improvement, and/or demolition and replacement of existing
45 development on a site
46
2 S
3
4 Structure means anything constructed, installed or portable, movable or not movable, temporary
5 or permanent, which requires a location on a parcel of land.
6 ,
7 . The term also
8 includes but is not limited to, buildings, roads, walkways of impervious materials,paths, fences,
9 swimming pools, sport courts,poles, utility lines, signs, cisterns, sewage treatment plants, sheds,
10 docks, and other accessory construction.
11 *****
12 U
13 *****
14 Use means land use.
15 *****
16
17 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
18 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
19 County and such construction and interpretation shall be entitled to great weight in adversarial
20 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
21 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
22 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
23 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
24 enforced in favor of the Board of County Commissioners of Monroe County ("BOCC") to
25 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
26 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
27 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
28 appeal.
29
30 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
31 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
32 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
33 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
34 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
35 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
36 continue unimpaired in full force and effect.
37
38 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
39 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
40 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
41 repealed thereby.
42
43 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
44 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
45 and intent of the particular paragraph or text to which they refer.
I Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
3
4 Section 8. Filin2. This ordinance shall be filed in the Office of the Secretary of State of
5 Florida but shall not become effective until a notice is issued by the State Land Planning Agency
6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
7 Statutes, upon final approved legal effectiveness therefrom.
8
9 Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment
10 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing
11 amendment may be renumbered to conform to the numbering in the Monroe County
12 Comprehensive Plan
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular meeting held on 2023.
16
17 Mayor Craig Cates
18 Mayor Pro Tem Holly Merrill Raschein
19 Commissioner James K. Scholl
20 Commissioner Michelle Lincoln
21 Commissioner David Rice
22
23 BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY, FLORIDA
25
26 By:
27 Mayor Craig Cates
28 (SEAL) ONROE C a Y Ai-ronNEY
29 ATTEST: KEVIN M D K CLERK To FORM
30
31 PET EA MORRIS
32 AS DEPUTY CLERK ASSISTANT OUNTq"ATTORNEY
33 oate. . 6/6/23
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: 3893583
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,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,June 3,2023
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 22nd day of June 2023
r
w ,, ' . 7
(Notary Public Signature)
Melinda Prescott
(Notary Public Printed Name)
My commission expires 8/19/2023
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
Notary Public tate of Florida
Melinda (Prescott.
t6li
My Commission
Exp.1/1112026
KEYS CITIZEN♦WEEKEND EDITION,JUNE 3-4,2023 11A
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FROM PAGE lA firmed Hatfield's arrest Friday CEP pl)...and et5cers
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'Ihewomanlaterprovided "A O.S.Cutems-and Eerder t and dis-tinctien,working Thursday,June 15,2023 5.00 PM City Hall
ncLetc frerm her mobile Protection officer was arrest dievor)day ro keep eu
phone chewing 11 missed ed while eff duty,"said the country safe." ADA Assistance:It is the policy of the City of Key West to comply with all requirements of the
phone calls from Hatfield on spokesperson."The officer has Hatfield is scheduled for Americans with Disabilities Act(ADA).Please call the TTY number 1-BGG-955-8771 or for voice
May 29,She at, Jared teat been placed en administrative arraignment befere lodge 1-BGG-955-877D or the ADA Coordinator at 3D5-8D9-3811 at least five business days in advance for
kin Hatfield to duties din theoutemeof Mark Wilton at 900 a.In, sign language interpreters,assistive listening devices,or materials in accessible format.
sages as g pending
crop calling and teating her, fire mvetifemen.CEP cB D,,D, Wednesday,tune 7. FOR VISUAL PRESENTATIONS:For City Commission meelingsthe City Clerk's Officewill need a copy
but the ccrDDd,,f tc chow he honor and integrity in every ted.lundC keysnews.com M all presentations for the agenda at least 7 days before the meeting.
- 1 IG Ca II Meeting To Order
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1A H ST Approval ofMinutes
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Old Business
NOTICE OF UTILITY BOARD
3 Official Future Land Use Map Amendment and Text Amendment OHhe Comprehensive Plan-715
L AUDIT COMMITTEE MEETING Seminole Avenue(RE 8DDD3723D-DDDIDD)and 811 Seminole Avenue(RE 8DDD3716D-DDDIDD)
Consideration of an ordnance of the City of Key West Florida proposing an amendment to the
THE AUDIT COMMITTEE TURTLE UTILITY BOARD OFTHE bountlafee of the Offc al Future Land Use Map from Historic Residential to Historic Commercial
CITY OF KEY WEST,FLORIDA WILL MEET ON MONDAY to allow rezoningropewIt transientlodging and additional land uses for properties located at 715
_ JONE51h,2023,AT 1:30 P.M.IN THE KEYS ENERGY Semnole Avenue and ell Semnole Avenue,amending Comprehensive Plan Chapter l,Future
' SERVICES BOARD ROOM,LOCATED 1001 JAMES Land Use Element,Objective 111 Future Land Use Map,to provide transient rental licenses to
incentve the development of affordable workforce horsing for the parcels stated above pursuant to
STREET,KEY WEST,FL. Chapter 90,Article V1,Division 3 of the Land Development Regwatons of the Code of ordinances
of the City of Key west Honda,providing for severability,providing for the indrson In the City of
` THE PUBLIC ISWELCOME TO ATTEND Key West Comprehensive Plan,and providing for an effective date.
4 Official Zoning Map Amendment-715 Seminole Avenue(RE 8 DD13372313-13DDIDD)and 811
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Seminole Avenue(RE a DDD3716D-DDDIDD)-Consideration of an ordinance of the City of Key
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING West Honda proposing amendments to me borndares of the Official Zoning Map for propertiesocated at715 semmole Aven re and 811 Semm of e Aven He,amending the borndares of the Official
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN Zoning Map category from IT storI Median Density Residential(HMDR)to Historic Commercial
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE To,
List(HCT)fortheparcels stated above prrsranttoChepter90,ArtoleVI Division 2ol the Land
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING) DeveopmentRegwations of me Code of Ordinances of the City of Key West,Florida,providing for
MAP rentand conditional adoption upon adoption of comprehensive Plan amendments,providing
rorsevembi ll ty,providing loran effective date.
dare et,err+ 5 Ted Amendment of the Land Development Regulations-A request to the Planning Board to
NOTICEISXEREBYGIVENthin on Waludsley,Juud[1,GlGi,the Monme County BoaMol Courtly Comm'ssioudrswlll holdaNubllc mend an Ordm ante tothA City Commission t0 amend Chapter 122 of the Land Development
Om
Meeting,beginningat09A0AM.The BOGG.,O,,ngwillb,h,lld,nhyb,,df,,.,1 aMoos,ngtheprbliciointendeithenNaZoomWebinaror Reg U 011Ons entitled'ZOding",Article V entitled"Dlatdcts",Division entitled"Generally",Section
Inperaon lhelnpelconmeeting doll be held I the Murrny Nelson Goaemmeni Center,I-ed at 102050 Oae,-Highway Key do, 122-93 Entitled"Of(IDIa ZOdln and bountladee to allow Official Zoning Ma
IT The foll.mgitems will be consider Y the PUBLIC HEARING: zoning an 9 p
to be embedded into the Land Development Reg orations.
PUBLIC HEARINGS:09AO AM Pb,asmon UdreetRr es may be Iearrq:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY COMPREHENSIVE New Business
PLAN,ESTABLISHING GOAL 112,OBIECTNE 1121,POLICY 11211,0BIECTVE 1122 AND POLICY 11221,TO CREATE SITE PECIFIC
DEVEOPMENT STANDARDS,DEVATIO NS AND EXEM PLO NS FOR OCEAN REEF AS PROPOSED BY SMITH HAWKS Pt ON BEIELF OF 6 Final Determination of Award for Year l D Building Permit Allocation System(BRAS)Applications
OCEAN REEF CLUB,ING AND OCEAN REF COMM UNITY ASSOCIATION,IN G,PROVDING FOR SEVERABILI Y,PROVIDING FOR REPEAL DEVEO
OF GONE CTNG PROVISIONS,PROVIDING FORTRNSMIITAL TO THE STATE LAND PLANNING AGENCYAND THE SECRETARY OF STATE; pI Air an t0 SEcti On 108-995 and Secti On 108-997 Of tllE Lan an pmen t Re gU an iona0f the
PROVDIN G FOR IN CWSIO N IN THE MON ROE COUNTY CON PREHENSNE PLAN,PROVDIN G FOR AN EFFECTIVE DATE(FILE 2019-142) Code Of Ordinances Of the City Of Key West Florida.
AN ORDINANCE BY THE MONROE COUNTY B01RD OF COUNTY COMMISSIONERS 7 Variance ESTABLISHING MONROE COUNTS LAND -3222 Riviera Drive(REB DDD6944D-DDDDDD)-A req beet for variances t0 the maximrrr
DEVELOPMENT LOBE SECTION 130-143TAVERSERKE COMMERCIAL OVERLAY(TKCO)DISTRICT,ESTABLISHING PURPOSE AND INTENT,
BOUNDARY,APPLICABILITY,NROGO ALLOCATON STANDARD1,AS0F RIGHT AND CONDITIONAL USES,AND MAXIMUM NONRESIDENML brilding Coverage req Ul rement in Order to buld an addition to a single-family dwelling at a property
AND RESIDENTIAL DEVELOPMENT POTENTIAL FOR PROPERTIES LOCATED AT 02501 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATEff located In the Single Family zoning district,pit rsrant N Sections 90-395 and 122-238(4)a of the
MILE MARKER 025,HAVING PARCEL IDENTIRCATION NUMBERS//089490 000000 AND 00490250 00011,AS PROPOSED BY Land Development Reg hations Of the City Of Key West Florida.
SMITH/HAWKS,PL ON BEHALF OF CEMEX CODE Oil 0N MATERIALS FLORIDA RC FNt/A SINGLETARY CONCFFTE PRODUCTS NO
PROVIDING FOR SEWWIL17 PROVIDING FOR REPEAL OF CONFLICTING PROVSIONS,PROVIDING FORTRNNSMIITAL TO THE-1 L
LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE PROVIDING FOR 8 Transfer of a Transient Unit and License-A request to transfer one T)transient unit and license In
AN EFFECTIVE DATE.(FILE 2022 053) Unassigned status to a receiver site property located at 423 Front Street(R E9 00000160 000000)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE in the Hi stork Residential Commercial Core Zoning district prrsrantt0 Sections 122-1338,122-
DISTRICT SOONG)MAP TO APPLY 111E TAVERNIER KEY COMMERCIAL OVERLAY(TKCO)DIALECT TO PROPERTY LOCATED AT 02501 1339 and 122-687 Of the Lantl Development Reg nations Of the Code Of Ordman Cee Of the City Of
OVERSEAS HIGHWA,KEY LARGO,APPROXIMATELY MILE MARKER 025,CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS Key West,Florida.
00089490 000000 AND 004G02a0-000000 AS PROPOSED BY CEMEX CONSTRUCTION MATERIALS FLORDA TO F/NA SINGLETERY
CONCRETE PRODUCTS INC.;PROVIDING FOR IEVEW IL17 PROVIDING FOR REVEAL OF CONFLICTING PROVISIONS,PROVIDING FOR
TRWSMIITALTOTHE STATE LAND PLANNINGAGENCYANDTHE SECRETARYOF STATE,PROVIDING FORAMENDMENTTOTHE LAND USE 9 Text Amendment at the Comprehensive Plan-A Resolution of the City of Key West Plann I ng
DISTRICT(ZOUNG)MNP PROVIDING FOR AN EFFECTIVE DATE(FRE2022-0a4)SEEMAPBELOW Board recommending an Ordinance t0 the City Commission t0 amend development rev
lew
AN ORDINANCE BY THE MONROE COUNTY BOARD OFCOUNTYCOMMlSSIONERSMENDING MONROE COUNTY LAND DEVELOPMENT proled Urea,dlss0 VE the Development Review Committee(DRC)and assign to the Planning Board
o D CE SECTDEFINITIONSION 101-1 DEFINITIONS AND CHAPTER 122,FLOODPWN MANAGEMENT;ARTICLE I.-IN GENERAL,SECTION 122- any quasi-j U dicia responsibilities crrrently held by the DRC by amending Comprehensive Plan
-DERNTIONS,TO UPDATETHE DEFINITION OF MARKETVAWETO BE CONSISTENT WITH THE FLORIDADIVISION OF EMERGENCY Chapter 1,entitled"FUtilre Land Use Element Objective 1-113,entitled 'Intergovernmental
NIMWGEMENT-BUREAU OF MITGATON-STATE OFFICE OF ROODPLAN MANAGEMENT S DECEMBER 2122 GUIDANCE ON Marini Coordination",Policy 1-113.6,entitled'Naval Ai-Station Key West Representation Development
V,TAND MODELFLOODPLAN MANAGEMENT ORDINANCE WHICH ISWRITTENTO EXPLICITLY HRYONAND BE COORDINATED WITH RENEW COmmIItEE',and Chat 8.-Inter I Coordination Element Goal 8-1,Entitled
THE ROOD PROVISIONS IN THE RORDA BUILDING CODE MEETING THE NATIONAL FLOOD INSURANCE PROGRAM EQNEMENTS Chapter Intergovernmental a
AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013,PROVIDING FOR SEVEiABILI Y,PROVIDING FOR "Provide mechanisms for improved mterg Ovem mental Coordination'and Policy 8-11.3,entitled
APPLICABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRWSMIITALTO THE STATEAND PLANNING "Principles and Gridelines t0 be Used in Coordination Of Development and Growth Management
AGENCY AND THE SECRETARY OF SIAIE PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND din for aEVErdbl l din for repeal Of inconsistent d din
DEVROPMENTCODE PROVIDING FORAM EFFECTIVE DATE(FILE 2,23024J s'providing ty,providing pea provisions,an providing
loran effective date.
A tl L f th t d o e anDevelopment
Text Amendment RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONSIDEFING A REQUEST BY SANDRA TUITLE TO
wNVETHEINCWSIONARYwORKFORCE HOUSINGREUIREMENTAPPLICARLETO THECHNNGE OF USE OFAe00 SQUARE FOOT PORTION l f
OF RESTAIIRNNT/COMMERCIAL RETAIL USE TO AN OFFICE USE,FOR PROPERTY LOCATE AT 24437 OVERSEAS HIGNNAY,MILE MARKER1D Tex Regulations-A Resoution of the City 0 Key West
24.5,SUGARLOW KEY,MONROE COUNTY,TORIDA HAVING PARCEL IDENTIFICATION NUMBER00194390000000(FILE 2,23-112). Planning Board recommending an Ordinance to the City Commission toamend the Land Development
AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND Reg U l an On s to a men d devel Op men t revl ew p roced U rea,dl ssolve th E Dever Op men t Revi ew CO m mi Fee
DEVELOPMENT CODE SECTION 134-2AMENDING THE HOME OCCUPATION SPECIAL USE PERMIT REQUIREMENTS TO BE CONSISTENT (DRC and assign to the Planning Board any gUasl-J Udiclal responsibilities crrrently held by the
WITH CHAPTER 2021-202,LAWS OF RORDA SECTIONS 10254£6,TO CLARFYTHE CONTINUING PURPOSE,REGISTRATION,AND DRC,byamending Land Development Reg U rations Chapter2,entitled"Administration",ArticleVlll,
RESUIREN HNTS OF NONCONFORMING USES/STRICTURES,SECTIONS 101-1-2,TO CLARIFY CONTINUING DEFINITONS,RULES entitled"City Property",Division 3,entitled"Real Property Disposition',Section 2-940,entitled
OF CONSTRUCTION,PURPOSE,AND PFRUCABIurv,SECTION 114-1,TO CLARFYTHE CONTINUING APPLICATION OF DEVELOPMENT "SUmmary proced Ure'Chapter 30,entitled"Fire Prevention and Protection",Article I,entitled
STANDARDS TO DEVELOPMENT SECTION 118-4 TO CLARFY THE CONTINUING APPLICATION OF ENVIRONMENTAL PROTECTION
REGULAR NSTO DEVELOPMENT SECTION 130-1,TO CLARFYFFE CONTINUING APPLICATION OFLAND USED ISTHILTREOOfREMENTS "F31 se Alarms'Se 3o-9,Entitled"SchedUlEOfmapEctiOn fEEa',Chapter90,ARIDIEV Entitled
TODEJELOPM ENT PROVIDING FOR SEVEWIL17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVDINGFORIIWNSMIITAL "Permits,CALLII'dA Of ON rpansy,Variances Appeals' Division 3,entitled'Variances'Section
TOTHESTALLANDPLANNINGAGBNCYANDTHESEOFFTARYOFSIAIE PROVIDING FORAMENDMENTT0 AND INCORPORATION IN THE 90-398,entitled"Administrative variances'Article All enfitied'Vacation of easements and right
-
MONROE 000N LAND DEVELOPMENT CODE PROVIDING FORAM EFFECTIVE DATE(FILE 2021-115) of way'Section Sec.90-587,entitled'Application and review by development review Committee'
AN ORDINANCE BY THE MONROE COUNTY BOARD OFCOUNTYCOMMISSIONERSMENDINGTHE INTRODUCTION AND BACKGROUND, Secti0n90-588,entlted'Findings Of n0 pirb11c pimpose Section90-589,entitled"PUblichearing,
AND GLOSSARY OF I HE MONROE COUNTY 203000MPREHENSIVE PLAN TO CLARIFYTHE CONTINUING APPLICATION OF THE MONROE notice and final determination by city commission' Chapter 90,entitled"Administration",
COUN72030 CON PREHBN SIVE PLAN TO DEVELOPMENT,TO CLARFY THE GENERAL AN D DEFINED TERMS SECTIONS AND TO CLARFV Article X,Entitled'Development Agreements;'Section 90-682,entitled"COntenl",Chapter 94,
CONSTRUCTION OF CONFLICTS WITH THE MONROE COUNTY CODECS),PROVIDING FOR SEVERABILI Y,PROVIDING FOR REPEAL OF
CONRICNNG PROVISIONS,PROVIDING FORTRNJSMITTAL TO THE STATE RAND PLANNING AGENCY AND THE SECRETARY OF STATE entitled"COncrrrency management",Article 11,entitled"Administration',Section 94-31,entitled
PROVIDING FORINCWSION INTHE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAM EFFECTIVE DATE(FILE 2023-127) "Responsibilities Of city/planner and Sect On 9432,entitled"Application for concrrrency
LOCATION MAP reV w'Chapter 108,entitled"Planning and Development",Article 11,entitled"Development Plan',
D i 3, tti d'Applicability andfiling p etl Section 10893 entitled'Filing application
K Ler9 r( I� 7 (� d fee S t 101 94, tti tl R by t ff. Section 108 95entitled'Performance
Pp OM 5 g tee. Ch pt 118,ALL tl S bd... At 11,entitled'Administration' Division...
tined w Mar t tin 11870, tti d R 1 t f tech l
I es
by administrative offi 1. d Article 111,entitled Plats and Plans' Division 2 entitled`Lot
IFI-1a Split and Minor Srbdvsion P tl res Section 118169,entitled'Lot splits'Chapter 122,
I I entltetl'Zoning' Article 11 entitled Nonconf it Section 122 28 entitled'Replacement
l i t reoonet t Article III,entitled Oondt I LA S t 12263, ttl tl Rvew,
�.anavy tit )I enforceme t and Article entitled SirpIdementary district r q t Division 6 entitled
I Tans AntU n It Sect on 1221340,ent if Ad'D ever op men t revi ew cc mmFee an d pl an n I ng board
and by repeal I ng Sect on 10861,An IF Ad Establ I sh etl an d mein be An I p. Sect on 108
1 62 Anil if etl Off ces and proctl Sect on 108 63 en ttitl Powers an d D Ut es.,an d Section
/ l- 108 64,tint tied Gen Aral con si de ran fCh apte-108 Ant tied'PI an ri ng and D ever op menf
At 11,entitled'Development Pl Division 2 enfitled'Development R Committee'and
j v.I by creatingS ti 10861,e titled'Coordinatedd Ip t review applicability.,S t 108
,s✓ T 62 entitled'Coordinated development i pirpose and intent and Section 108 63 entitled
k 0008949 0.0 0000 it 'Coordinated development proced U res' and Section 108 64 entitled 'Development
review Ay
meeting' antlSection 108 65 enfitled General considerations' antlSection 108 66,
entitled'Life Safety Chapter 108,enfitietl Planning tlDevelopment',Atcle 11,
%00490250-Op000p entitled'Development Plan',Division 2,entitled'Development Review CommtteE providing for
Pl-v'sU tie M...County Webstle et wuw.monmemurUy-fl.gw far ruderil mind.uptlatesantl inlnrmation m9anling conc I Len tand conditional adopt)On U Pon adopti On Of CO mp 2h An sine pl an amen d men provl dl net
th,variousoours availabb title phone E. tie lire neetin9 amba,to make public comrvot, cerrainahend.items. to ts severa E I Ity,provlding for repeal Of I n con al stent p mvi Si on a',p rovl d I ng to r an effective d ate.
Pursuant to Section 288.0105 E diida Statutes,it a person decrdes to appeal any decrcion o11he Board o1 County Commissioners,with
recpectW anymanerconsidaredat the meeting or hearing,he or she will need a record of the proceedings,and Uhl for such purpose, Discussion Items
mayneed to ensure-rioim record o11he proceedings is made,which record m,ludec the tenimony 6exd,n,,upon which
theappeal la m be based 11 Revise December Planning Board meeting date from December 14,2023 to December 12,2023
AN ASSI Inal IF goo are a persm wAh a Lisahility who rreMs spetlal accommo.1atims Is omos,to partkipate in this
pmceefirg,please-at the C,acyALminis(rato/s olfire,hyphening(305)Y9Y-044f,het.the hours d Can a.m.--
ods,noonr(hanfive(5)calerLa D,priorto the eavaRiM me.Virg;Ayoo am h-ce,or vokbe impaimM call"J1f." Adjournment