11/22/2016 DEO Case 16-130 / j' AMY HEAVILIN, CPA
AMY t __.,.,,,,,,, i
, . ,-, ,, . - CLERK OF CIRCUIT COURT & COMPTROLLER
�.._ MONROE COUNTY, FLORIDA
PI
DATE: December 19, 2016
TO: Mayte Santamaria
Senior Director, Planning and Environmental Resources
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller (ig-i
At November 22, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item M6 Approval of a Stipulated Settlement Agreement between Seashime
LLC, Edward Buxton, and Cathy Buxton (collectively Petitioners), and the State of Florida, Department
of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County) (collectively,
Respondents) to resolve the petition filed by the petitioners challenging the DEO Final Order 16 -130
which approved Monroe County Ordinance 006 -2016 adopting the revised Land Development Code,
specifically the petition relates to DEO's approval of the language added by the Ordinance to Section
130 -165 (formerly 130 -166) of the Monroe County Land Development Code, which added a condition
that in order to aggregate development of two or more parcels, the development must be "located on
contiguous parcels of land.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File ✓
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -29S -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 =7146
•
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
SEASHIME LLC, EDWARD BUXTON,
AND CATHY BUXTON,
Petitioners,
DEO Case No.: 16 -130
vs. DEO Final Order NO.: 16 -130
STATE OF FLORIDA, DEPARTMENT OF
ECONOMIC OPPORTUNITY, and
MONROE COUNTY, FLORIDA,
Respondents.
STIPULATED SETTLEMENT AGREEMENT
This Stipulated Settlement Agreement (Agreement), dated and effective as of the latest
date executed below, is between Seashime LLC, Edward Buxton, and Cathy Buxton (collectively
Petitioners), and the State of Florida, Department of Economic Opportunity (DEO) and Monroe
County, Florida (Monroe County) (collectively Respondents).
Whereas, DEO issued Final Order No. 16 -130 (Final Order) on July 25, 2016, approving
amendments to the Monroe County Land Development Regulations (LDRs) pursuant to section
380.05(6) and 380.0552(9), Florida Statutes. The Final Order issued by DEO is attached hereto
as Exhibit "A."
Whereas, Petitioners filed a Petition with DEO on August 10, 2016, challenging the Final
Order, specifically as it relates to DEO's approval of the language added by the Ordinance to
section 130 -165 (formerly130 -166) of the Monroe County LDRs, which added a condition that in
order to aggregate development of two or more parcels, the development must be "located on
contiguous parcels of land." The Petition is attached hereto as Exhibit `B."
Whereas, the purpose of deleting the condition "located on contiguous parcels of land"
from section 130 -165 of the Monroe County LDRs is to allow for the aggregation of parcels of
land which may or may not be contiguous, including parcels separated by a road or right of way.
Whereas, Petitioners and Respondents (the Parties) desire to settle all claims, disputes,
charges, and causes of action that exist or may exist between them regarding DEO Case No. 16-
130 and Final Order No. DEO -16 -130, in order to avoid the cost and burden of litigation.
NOW, THEREFORE, in exchange for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. The Monroe County Commission shall adopt the Ordinance, attached hereto as Exhibit
"C," which removes the added requirement in dispute in this case, in accordance with Chapters
163 and Chapter 380, Florida Statutes, through execution of this Agreement.
Page 1 of 3
2. Upon adoption of the Ordinance, Monroe County staff shall render the Ordinance to
DEO for issuance of a final order in accordance with sections 380.05(6) and 380.0552(9), Florida
Statutes.
3. DEO shall issue a final order approving the Ordinance, in accordance with 380.05(6)
and 380.0552(9), Florida Statutes.
4. Petitioners shall voluntarily dismiss, with prejudice, the above - styled case within 48
hours of issuance of DSO's final order approving the Ordinance.
5. Upon voluntary dismissal of the Petition as set forth in paragraph 4., the Parties agree
that this Agreement is a complete release and discharge of any claim for relief, including but not
limited to, all damages, attorney's fees, costs or expenses of any kind or other monies to which the
Parties may claim to be entitled pursuant to the above - styled case.
6. Upon issuance of the final order by DEO as set forth in paragraph 3., Petitioners agree
not to pursue an administrative hearing under Chapter 120, Florida Statutes, related to the decision
made in the Final Order.
7. The Parties agree not to file any lawsuit, claim, action, administrative action or charge
against the other Party based upon or related to any events occurring prior to the execution of this
Agreement.
8. Each Party shall bear its own costs, expenses, and attorney's fees.
9. The Parties agree and acknowledge that any Party may be required to disclose this
Agreement pursuant to a request made under Chapter 119, Florida Statutes.
10. The Parties confirm that the only consideration for its execution of this Agreement is
that which is stated in this Agreement and that there are no promises or agreements of any other
kind other than as stated in this Agreement which have caused it to execute this Agreement; that
it has not relied on statements or representations by the other Parties or the Parties' agents or
representatives concerning the matters addressed in this Agreement; and that it fully understands
the meaning and intent of this Agreement, including, but not limited to, its final and binding effect.
The Parties agree that this Agreement constitutes the entire Agreement between Petitioners, on the
one hand, and Respondents, on the other hand; and that there exists no other agreements, oral or
written, between or among them related to any matters covered by this Agreement. It is further
agreed that this Agreement supersedes any and all prior or contemporaneous agreements, written
or verbal, or any other understandings that may have existed or exist between the Parties related
to the same subject matter as described in this Agreement.
11. This Agreement will be governed and enforced in accordance with the laws of the State
of Florida. The Parties agree that any action for breach of this Agreement or to interpret or enforce
this Agreement shall be brought in the appropriate state court in Monroe County, Florida.
12. The rights and obligations of the Parties under this Agreement shall inure to the benefit
of and shall be binding upon their respective successors and assigns, and the Parties consent to
enforcement of any covenants in this Agreement by any such successor or assign.
13. The Parties agree that if any provision in this Agreement is not in compliance with
Chapters 163 or 380, Florida Statutes, or any provision is held to be invalid, illegal, or
unenforceable, such provision will be severed from the Agreement, and the remainder of this
Agreement will continue to be valid and enforceable unless such determination of invalidity shall
Page 2 of 3
deprive any Party of the substantial benefit of its bargain.
14. This Agreement may be executed in counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
15. The terms in this Agreement are the product of arms- length negotiations, and the terms
shall not be construed against any Party. Each Party represents and agrees that they have carefully
read and fully understand all of the provisions of this Agreement, and that they are knowingly and
voluntarily entering into this Agreement.
THE UNDERSIGNED HAVE CAREFULLY READ THIS AGREEMENT,
UNDERSTAND THE CONTENTS OF IT AND EXECUTED IT AS THEIR FREE ACT
AND DEED.
IN WITNESS WHEREOF, the Parties hereto set their hands and seals
AGREED TO AND ACCEPTED BY AGREED TO ACCEPTED Y S
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Taylor Teepell @eoRge eur rlt . e
Division Director Chair, Monroe County Commission iI
Division of Community Development Monroe C ty, Florida 1.2/43/g) S ,p g
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AGREED TO AND ACCEPTED BY _77 k .4.' "'Yr() r - - --
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Page 3 of 3
deprive any Party of the substantial benefit of its bargain.
14. This Agreement may be executed in counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
15. The terms in this Agreement are the product of arms- length negotiations, and the terms
shall not be construed against any Party. Each Party represents and agrees that they have carefully
read and fully understand all of the provisions of this Agreement, and that they are knowingly and
voluntarily entering into this Agreement.
THE UNDERSIGNED HAVE CAREFULLY READ THIS AGREEMENT,
UNDERSTAND THE CONTENTS OF IT AND EXECUTED IT AS THEIR FREE ACT
AND DEED.
IN WITNESS WHEREOF, the Parties hereto set their hands and seals
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AGREED TO AND • CEPTED BY AG' .' D TO D ACCEPTED : Y 1 Aki
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T. 1. 4 ( .: i Heather Carruthers ;
Director Chair, Monroe County Commission
Div : of Community Development Monroe County, Florida _ ,` , Z
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Date: Date
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AGREED TO AND ACCEPTED BY AGREED TO AND ACCEPTED BY
Edward Buxton Edward Buxton =D ~' --
For Seashime LLC °_
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Date: Date: - r
AGREED TO AND ACCEPTED BY
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MONROE COUNTY TTORNEY
Cathy Buxton A OVE (S ORM:
STEVEN T. WILLIAMS
ASSISTANT C NNTY ATTORNEY
Date / 2 / i / 16
Date:
Page 3 of 3
Final Order No. DEO -16 -130
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006-2016
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 006-2016
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. 006 -2016 (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 May 27, 2016, and rendered to
the Department on July 26, 2016.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") in
its entirety. The updates to the Code include, but are not limited to, updating definitions, removing
obsolete language, addressing non - conforming uses and structures, providing new opportunities
for community participation, addressing variances for lot line setback and non - shoreline setbacks,
providing submittal requirements for lot line deviations, establishing a bi- annual review of facility
standards, updating references to the Florida Administrative Code, limiting fences to 6 -feet,
addressing landscape, irrigation, and outdoor lighting standards, strengthening traffic study
requirements, and creating to minding restoration requirements.
Exhibit A
1
Final Order No. DEO -16 -130
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. Sections 380.05(6), and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, General Policy 2, as required by section 163.3177(1), Florida Statutes.
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.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern arc 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 furthers section 380.0552(7)(a), Florida Statutes, which requires
"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."
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 006 -2016 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 -16 -130
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.
111°
. • - • - 1, Director
SI C) • f Community Development
Dfl rtment of Economic Opportunity
3
Final Order No. DEO -16 -130
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.
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.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
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
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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Final Order No. DEO -16 -130
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 25 day of July, 2016.
Agenc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Kcy West, FL 33040
Mayte Santamaria, Senior Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
5
VDF LAW
Van D. Fischer, Esquire Post Once Box 420526 Phone: (305) 849 -3893
Summerland Key, Florida 33042 Email: van@vdf-law.com
August 10, 2016
JCr #RTMENT OF ECONOMIC OPPORTUNITY
VIA EMAIL DELIVERY FILING AND ACKNOWLEDGEMENT
FILED, on this date, with the designated
Agency Clerk Agency Cle k, relit of which Is Itetsby
Department of Economic Opportunity acknowledged.
Office of the General Counsel f►
0...Y
... -
107 East Madison Street, MSC 110 , . h -T-
Tallahassee, Florida 32399 -4128
agency.clerk@deo.myflorida.com
Re: Petition for Formal Administrative Proceedings regarding Final Order DEO -16 -130
Dear Agency Clerk:
Attached please find a petition, pursuant to Sections 120.569 and 120.57, Florida Statutes
(F.S.), and Rule 28- 106.201, Florida Administrative Code (F.A.C.), challenging the July 26, 2016,
Department of Economic Opportunity notice of the Final Order Approving Monroe County
Ordinance No. 006 -2016.
The notice of agency action expressly recognizes the right of Petitioners to challenge the
agency action noted above. The challenge is based on the inconsistency of the adopted Monroe
County land development regulations with the Monroe County Year 2030 Comprehensive Plan,
Chapter 163, F.S., Chapter 380, F.S., and Rule 28.20 -100, F.A.C.
If you have any questions regarding the attached petition, please contact me via email at
van@vdf- law.com or telephone at (305) 849 -3893.
Sincerely,
Van D. Fischer, Esquire
Exhibit B
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
SEASHIME LLC, EDWARD BUXTON,
AND CATHY BUXTON,
Petitioners,
vs. Case No.:
STATE OF FLORIDA, DEPARTMENT DEO Final Order No.: DEO -16 -130
OF ECONOMIC OPPORTUNITY, AND
MONROE COUNTY, FLORIDA,
Respondents.
PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS
Petitioners, SEASHIME LLC, EDWARD BUXTON, and CATHY BUXTON, by and
through undersigned counsel, file this Petition for Formal Administrative Proceedings pursuant to
sections 120.569 and 120.57(1), Florida Statutes ( "F.S. "), to challenge Final Order No. DEO -16-
130 of the Department of Economic Opportunity approving amendments to the Monroe County,
Florida, land development regulations ( "LDRs ") adopted by Monroe County within the Florida
Keys Area of Critical State Concem, and state as follows:
I. The challenged final order is Final Order No. DEO -16 -130 ( "Final Order "),
published in the Florida Administrative Weekly Volume 42, Number 144, on July 26, 2016.
2. This Petition for Formal Administrative Proceedings is filed within twenty-one (21)
days of the publication of the Final Order.
3. The challenged Final Order approved LDRs, adopted by Monroe County Ordinance
No. 006-2016, that amend portions of the existing LDRs of Monroe County, Florida. Further, the
1
challenged Final Order approved LDRs which regulate land use and development within Monroe
County, Florida.
4. The LDRs approved by the Final Order are inconsistent with the Monroe County
Year 2030 Comprehensive Plan, Chapter 163, Part II (Community Planning Act), F.S., and
Chapter 380 (Principles Guiding Development in the Florida Keys Area of Critical State Concern),
F.S., and accordingly should not have been approved.
5. This challenge is based on the inconsistency of the subject LDRs with the Monroe
County Year 2030 Comprehensive Plan ( "Comp. Plan "), Chapter 163, F.S., and Chapter 380, F.S.
The LDRs are inconsistent with and conflict with the Comp. Plan's clustering, aggregation, and
environmental and habitat protection requirements.
6. Petitioners seek an administrative determination overturning the Final Order on the
basis that the approved LDRs are inconsistent with the Comp. Plan, Chapter 163 and Chapter 380,
F.S., for the reasons stated herein.
Identification of Petitioners and Other Parties
7. Petitioner, Seashime LLC, is a Florida for - profit Limited Liability Company
organized September 24, 2003, whose address is 15 Ridge Boulevard, Ocean Ridge, Florida
33435.
8. Petitioner, Edward Buxton, is a member of Seashime LLC and a citizen of the State
Florida whose address is 15 Ridge Boulevard, Ocean Ridge, Florida 33435.
9. Petitioner, Cathy Buxton, is a member of Seashime LLC and a citizen of the State
of Florida whose address is 15 Ridge Boulevard, Ocean Ridge, Florida 33435.
10. Petitioners are represented by Van D. Fischer, Esquire, and can be contacted and
served with pleadings in this matter care of: Van D. Fischer, Esquire, VDF Law, PLLC, Post Office
2
Box 420526, Summerland Key, Florida 33042, (305) 849 -3893; email for service is van@vdf -
law.com (primary) and vdflaw @gmail.com (secondary).
11. Respondent, Department of Economic Opportunity ( "DEO ") is an agency of the
State of Florida, exercising powers granted to it by section 380.05, F.S., to approve or reject LDRs
that are enacted, amended, or rescinded by any local government in the Florida Keys Area of
Critical State Concern ( "ACSC "). DEO's address is 107 East Madison Street, Caldwell Building,
Tallahassee, Florida 32399 -4120.
12. Respondent, Monroe County, is a local government located within the Florida Keys
ACSC. Because Monroe County is designated an ACSC, Monroe County has the duty to adopt
and maintain comprehensive plan and LDRs which comply with the requirements of Chapter 163,
Part II, F.S., including but not limited to Section 163.3167, F.S., and Chapter 380, F.S. Monroe
County's address is 1100 Simonton Street, Key West, Florida 33040.
Explanation of How Petitioners' Substantial Interests Are or Will be Affected
13. Seashime LLC, and its members Edward and Cathy Buxton, own parcels of real
property in Conch Key, Monroe County, Florida, identified by Real Estate Numbers 00099040-
000100, 00385780- 000000, 00385930 - 000000, 00386080- 000000, and 00386090- 000000.
14. The Petitioners will be substantially and adversely affected by the Final Order,
making the Petitioners "Substantially Affected" persons entitled to initiate this proceeding.
15. Seashime LLC, as an owner of real property located on Conch Key within the
Florida Keys ACSC, is a "Substantially Affected Person" entitled to initiate this proceeding in
accordance with the Florida Administrative Procedure Act on its own behalf.
16. The separate parcels of real property owned by Petitioners are subject to
aggregation under existing LDRs, but the amended LDRs at issue would alter and eliminate the
3
ability of Petitioners to have their separate parcels aggregated for the purpose of development
review.
17. Petitioners rely on the Comp. Plan and its implementing LDRs to protect their
investment- backed expectations and to protect the sensitive habitats and environment of the
Florida Keys ACSC through clustering and aggregation as required by the Comp. Plan.
18. Petitioners became aware of the amended LDRs at issue on or about July 7, 2016,
through a Letter of Understanding issued by Monroe County. Petitioners received notice of the
Final Order on or about July 26, 2016, through its publication in the Florida Administrative Weekly
Volume 42, Number 144.
19. Respondents' legislatively - established goals and mandates include protection of
property owners' investment- backed expectations and preservation of the native habitats and
environment of the Florida Keys ACSC. Those goals are met in part by current LDRs that
aggregate adjacent parcels of land, including parcels separated by a road or other right -of -way.
The aggregation rule in the current LDRs provides an important development- review tool to assure
that clustering requirements of the Comp. Plan are maintained, and to enable Monroe County to
direct development in a way which avoids and minimizes impacts to habitats while allowing
reasonable and sensible development.
20. In addition to Petitioners, it is likely that other property owners in Monroe County,
Florida, will be adversely affected by the amended LDRs at issue.
Statement of Material Facts Disputed and Alleeed
21. The Final Order approved Monroe County Ordinance No. 006 -2016 (the
"Ordinance "), which adds the modifier, "located on contiguous parcels of land," to the
"Aggregation of development" section of the LDRs. The Final Order is attached hereto and
4
incorporated herein as Exhibit A; the Ordinance is attached hereto and incorporated herein as
Exhibit B; and the existing and amended "Aggregation of development" sections of the LDRs are
attached hereto and incorporated herein as Exhibit C. Restricting aggregation to "contiguous
parcels of land" is not consistent with Florida law or the Comp. Plan and should not be permitted.
Additionally, the Final Order erroneously concludes that the Ordinance is consistent with the
Florida Keys ACSC Principles for Guiding Development as a whole.
22. The Ordinance does not comply with Sections 380.05(6), 163.3177(6), 163.3184,
and 163.3202, F.S., the Florida Keys ACSC Principles for Guiding Development (Section
380.0552(7), F.S.), and the Florida Keys Carrying Capacity Study and Work Program (Rule 28.20-
100, Florida Administrative Code (F.A.C.)), which require that amendments to the LDRs be
consistent with the adopted Comp. Plan and provide adequate protection of the Florida Keys ACSC
habitats and environment by directing development to the least sensitive areas. Specifically:
a. The Ordinance amended Monroe County Land Development Code Section 130-
165 (formerly 130 -166), to restrict aggregation to "contiguous parcels of land."
Section 130 -166 in its current form does not so restrict application of the
aggregation rule. Under the current LDRs, adjacent parcels of land are subject
to aggregation notwithstanding separation by a road or right -of -way. The
amended Section 130 -165 is inconsistent with the Comp. Plan as follows:
i. The amended Section 130 -165 is inconsistent with Comp. Plan Policy
102.3.2 which requires "development clustering so as to avoid impacts
on sensitive habitats and to provide for the preservation of all required
open space in a contiguous, non - fragmented condition..." The amended
Section 130 -165 would restrict aggregation to contiguous parcels only,
5
thereby unduly limiting opportunities to apply the requirement that
development be clustered away from sensitive habitats. Accordingly,
this proposed modification of the aggregation rule could lead to
destruction of sensitive habitat. Therefore, the Ordinance amending
Section 130 -165 violates Comp. Plan Policy 102.3.2.
ii. The amended Section 130 -165 is inconsistent with Comp. Plan Policy
103.2.2, which requires Monroe County to maintain LDRs "pertaining to
development siting and clustering so as to avoid impacts to sensitive
habitat and to provide for the retention of contiguous open space..."
Again, by applying aggregation only to contiguous parcels, the amended
Section 130 -165 may lead to undesired habitat destruction and loss of
open space. Therefore, the Ordinance amending section 130 -165
violates Comp. Plan Policy 103.2.2.
iii. The amended Section 130 -165 is inconsistent with Comp. Plan Policies
205.2.3 and 205.2.8 which require development to be clustered on the
least sensitive portions of a parcel and to avoid champion and specimen
trees and federally listed plants. The amended language could have the
unintended effect of preventing desired clustering away from sensitive
habitats by not allowing adjacent parcels to be aggregated and thereby
treated as a single larger parcel. Therefore, the Ordinance amending
Section 130 -165 violates Comp. Plan Policies 205.2.3 and 205.2.8.
iv. The amended Section 130 -165 is inconsistent with Comp. Plan Policy
205.2.4 which requires that "Bulk regulations and development
6
standards shall be reviewed and revised so as to allow greater flexibility
for clustering." Restricting aggregation to contiguous parcels violates
this Comp. Plan Policy by substantially reducing flexibility for
clustering.
v. The amended Section 130 -165 is inconsistent with Comp. Plan Policy
206.1.3 which requires that "Clustering requirements shall be revised so
as to reduce habitat fragmentation." Restricting aggregation to
contiguous parcels violates this Comp. Plan Policy by forcing separate
development review of adjacent (but non - contiguous) parcels thereby
increasing the likelihood of fragmentation of habitat types that overlap
parcel boundaries.
vi. The amended Section 130 -165 is inconsistent with Comp. Plan Policy
101.6.4 governing the Rate of Growth Ordinance (ROGO) procedures,
which award points for aggregation. Restricting aggregation to
contiguous parcels conflicts with the ROGO goal of reducing the number
of buildable parcels, because adjacent parcels divided by a road or right-
of-way would no longer be subject to aggregation. Therefore, the
amended Section 130 -165 violates Comp. Plan Policy 101.6.4.
b. The Ordinance is inconsistent with the Florida Keys ACSC Principles for
Guiding Development enumerated in Section 380.0552(7), F.S., which require,
in part, that land development regulation amendments protect "shoreline and
marine resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat" as well as "upland resources,
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tropical biological communities, freshwater wetlands, native tropical vegetation
(for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat." Restricting aggregation to contiguous parcels runs
contrary to the protection of shoreline and upland resources by potentially
forcing development to occur in such resources. Further, restricting aggregation
to contiguous parcels conflicts with the guiding principle requiring the LDRs to
ensure "the maximum well -being of the Florida Keys and its citizens through
sound economic development." Restricting aggregation to contiguous parcels
unduly restricts sound economic development and fails to ensure the maximum
well -being of the Florida Keys and its citizens because of the loss of the benefits
of aggregation for development. For example, the proposed contiguity
restriction would leave Petitioners with two uneconomic enclaves separated by
a right of way, thereby limiting Petitioners' ability to redevelop their parcels as
a unified project. Therefore, the Ordinance violates the Florida Keys ACSC
Principles for Guiding Development.
c. The Ordinance is inconsistent with Rule 28.20 -100, F.A.C., which established
the Florida Keys Carrying Capacity Study and requires Monroe County to
"prevent encroachment into native habitat." The amended aggregation language
is contrary to this requirement because development of isolated parcels is likely
to cause encroachment into native habitat, as shown above. Therefore, the
Ordinance violates Rule 28.20 -100, F.A.C.
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Concise Statement of Ultimate Facts Alleged
23. The LDRs approved by the Final Order are inconsistent with the Comp. Plan and
are therefore inconsistent with the requirements of Chapter 163 and Chapter 380, F.S., because the
LDRs' new contiguity limitation threatens habitat loss and thwarts sound economic development,
both in violation of the Comp. Plan.
Rules or Statutes Petitioners Contend Require Reversal or Modification
of the Agency's Proposed Action
24. The Ordinance is inconsistent with the Principles for Guiding Development as a
whole (see Section 380.0552, F.S.).
25. The Ordinance is inconsistent with Section 163.3202, F.S., which requires any land
development regulation adopted by a local government be consistent with its comprehensive plan.
26. The Ordinance is inconsistent with Section 163.371 I(6), F.S., because, by unduly
restricting aggregation of parcels for development review, it fails to ensure the protection of natural
and historic resources.
27. The Ordinance is inconsistent with Rule 28.20 -100, F.A.C., because it fails to
prevent encroachment into native habitat.
Relief Sought by Petitioners
28. Wherefore, Petitioners, SEASHIME LLC, EDWARD BUXTON and CATHY
BUXTON, respectfully request that the Division of Administrative Hearings Conduct a formal
administrative hearing on the issues raised in this Petition and enter an Order determining Final
Order No. DEO -16 -130 to be invalid for the reasons stated herein.
9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email to
the attached Service List on August 10, 2016.
Respectfully submitted,
LAV L.--- ---
VAN D. FISCHER, Esquire
Florida Bar No. 0117712
Primary email: van @vdf- law.com
VDF Law, PLLC
PO Box 420526
Summerland Key, Florida 33042
Telephone: (305) 849 -3893
10
SERVICE LIST
Robert Shillinger, Esquire
Monroe County Attorney
1111 12th Street
Suite 408
Key West, FL 33040
shillinger- bob @monroecounty - fl.gov
Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
gastesi- roman @monroecounty- fl.gov
The Honorable Heather Caruthers
Monroe County Mayor
500 Whitehead Street, Suite 102
Key West, FL 33040
boccdis3 @monroecounty-fl.gov
Mayte Santamaria
Senior Director
Monroe County Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Santamaria -Mayte @monroecounty-fl.gov
11
EXHIBIT A
Final Order No. DEO- 16 -I30
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006-2016
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 006-2016
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. 006 -2016 (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 May 27, 2016, and rendered to
the Department on July 26, 2016.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") in
its entirety. The updates to the Code include, but are not limited to, updating definitions, removing
obsolete language, addressing non - conforming uses and structures, providing new opportunities
for community participation, addressing variances for lot line setback and non- shoreline setbacks,
providing submittal requirements for lot line deviations, establishing a bi- annual review of facility
standards, updating references to the Florida Administrative Code, limiting fences to 6 -feet,
addressing Iandscape, irrigation, and outdoor lighting standards, strengthening traffic study
requirements, and creating to minding restoration requirements.
1
Final Order No. DEO -16 -130
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. Sections 380.05(6), and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, General Policy 2, as required by section 163.3177(1), Florida Statutes.
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.
Sections 380.05(6) and 380.0552(9), Florida Statutes. 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 furthers section 380.0552(7)(a), Florida Statutes, which requires
"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."
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 006 -2016 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.
2
Final Order No. DEO -16 -130
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.
4 , 10 ,0W- 1, Director •
• sio, • f Community Development
Dom: , ent of Economic Opportunity
•
3
Final Order No. DEO -16 -130
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.
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.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
•
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
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
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
4
Final Order No. DEO -16 -130
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 24 of July, 2016.
Agenc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Mayte Santamaria, Senior Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
5
EXHIBIT B
3
4
5 __
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO.o06- 2016
10
11
12
13 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING THE MONROE COUNTY LAND
15 DEVELOPMENT CODE (LDC) TO BE CONSISTENT WITH THE
16 PROPOSED MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
17 THE RESULTS OF THE COMPREHENSIVE PLAN TECHNICAL
18 DOCUMENT UPDATE (DATA AND ANALYSIS), THE ADOPTED 2012
19 EVALUATION AND APPRAISAL REPORT AND THE 2014
20 EVALUATION AND APPRAISAL NOTIFICATION LETTER, LDC
21 ATTACHED AS EXHIBIT 1; PROVIDING FOR SEVERABILITY;
22 PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS;
23 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
24 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
25 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN
26 EFFECTIVE DATE.
27
28
29 WHEREAS, at a special meeting held on April 13, 2016, the Monroe County Board of
30 County Commissioners adopted Ordinance No. 005 -2016, amending the Monroe County Year
31 2010 Comprehensive Plan to be consistent with the results of the Technical Document Update
32 (data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation
33 and Appraisal Notification Letter and adopting the Monroe County Year 2030 Comprehensive
34 Plan; and
35
36 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
37 Comprehensive Plan, amendments to the Land Development Code are necessary; and
38
39 WHEREAS, the proposed Land Development Code amendments implement the
40 Comprehensive Plan Goals, Objectives and Policies;address internal inconsistencies; and provide
41 greater clarity for staff and public utilization; and
42
43 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
44 Agency, held advertised special public meetings on March 19, 2015, April 9, 2015, and April 23,
45 2015 to review the proposed Land Development Code amendments, and provided for comments
46 and public participation in accordance with the requirements of state law and the procedures
47 adopted for public participation in the planning process; and
Page 1 al
1 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
2 Agency, held an advertised special public hearing on June 17, 2015, provided for comments and
3 public participation in accordance with the requirements of state law and the procedures adopted
4 for public participation in the planning process, and adopted Resolution No. P14 -15,
5 recommending approval of the proposed Land Development Code amendments to the Board of
6 County Commissioners; and
7
8 WHEREAS, the Board of County Commissioners held advertised special public
9 meetings on September 2, 2015, and October 1, 2015. to review proposed Land Development
10 Code amendments and provided for comments and public participation in accordance with the
11 requirements of state law and the procedures adopted for public participation in the planning
12 process; and
13
14 WHEREAS, the Board of County Commissioners held advertised special public
15 hearings on March 1, 2016 at 10:00 am, and April 13, 2016, at 10:00 am to consider adoption of
16 proposed Land Development Code amendments, provided for public comment and public
17 participation in accordance with the requirements of state law and the procedures adopted for
18 public participation in the planning process.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
23 Section 1. The Monroe County Land Development Code is amended as shown in Exhibit 1,
24 which is attached hereto and incorporated herein. (Deletions are ° fielien through and additions
25 are underlined.)
26
27 Section 2. Severabilitv. If any section, paragraph, subdivision, clause, sentence or provision of
28 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
29 judgment shall not affect, impair. invalidate, or nullify the remainder of this ordinance, but the
30 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
31 provision immediately involved in the controversy in which such judgment or decree shall be
32 rendered.
33
34 Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this
35 ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
36 or regulation, the more restrictive shall apply.
37
38 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
39 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
40
41 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
42 Florida but shall not become effective until a notice of Final Order is issued by the Florida State
43 Land Planning Agency or Administration Commission approving the ordinance and any
44 challenge to the order is resolved.
45
Pagc 2 of 3
I Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
2 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
3 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
4 marking system of the Code.
5
6 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
7 above. This ordinance applies to any permit, and or other development approval application
8 submitted after the effective date.
9
10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
11 at a special meeting held on the 1.3 day of aigi / , 2016.
12
13 Mayor Heather Carruthers Yes
14 Mayor Pro Tem George Neugent Yes
15 Commissioner Danny Kothage Yes
16 Commissioner David Rice Yes
17 Commissioner Sylvia Murphy Yes
18
19 BOARD OF COUN Y COMMISSIONERS
20 OF MONROE C • b I , n : • •
21 -
22 BY 411W
23 Mayor eath -IF arruthers
24
25 (SEAL)
2� -a " - AM Y HEAVILIN, CLERK
• tF
� t I. ,r' , LERK
MONROE COUNTY ATTORNEY
ROVED A FORM:
STEVEN T W{tL'AMS
ASSISTANT GOUITY ATTORNEY
Date 31 .z11 IG
Page 1 of 3
EXHIBIT C
Existing
Sec. 130 -166. - Aggregation of development.
Any development that has or is a part of a common plan or theme of development or use, including,
but not limited to, an overall plan of development, common or shared amenities, utilities or
facilities, shall be aggregated for the purpose of determining permitted or authorized development
and compliance with each and every standard of this chapter and for the purpose of determining
the appropriate form of development review.
As amended by Monroe County Ordinance No. 006 -2016 and approved by Final Order
DEO -16 -130
Sec. 130 -165. Aggregation of development.
Any development, located on contiguous parcels of land, that has or is a part of a common plan or
theme of development or use, including, but not limited to, an overall plan of development,
common or shared amenities, utilities or facilities, shall be aggregated for the purpose of
determining permitted or authorized development and compliance with each and every standard
of this Land Development Code (includes clearing limits) and for the purpose of determining the
appropriate form of development review.
2
3 1
4 —�`
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. _ — 2016
10
11 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
I2 COMMISSIONERS AMENDING SECTION 130 -165 OF THE MONROE
13 COUNTY LAND DEVELOPMENT CODE (LDC) ADOPTED ON APRIL 13,
14 2016 TO SATISFY A STIPULATED SETTLEMENT AGREEMENT
15 BETWEEN SEASHIME LLC, EDWARD BUXTON, AND CATHY
16 BUXTON (PETITIONERS), AND THE STATE OF FLORIDA,
17 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND MONROE
18 COUNTY, FLORIDA (MONROE COUNTY); PROVIDING FOR
19 SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING
20 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
21 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
22 FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR
23 AN EFFECTIVE DATE.
24
25
26 WHEREAS, at a special meeting held on April 13, 2016, the Monroe County Board of
27 County Commissioners adopted Ordinance No. 005 -2016, amending the Monroe County Year
28 2010 Comprehensive Plan to be consistent with the results of the Technical Document Update
29 (data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation
30 and Appraisal Notification Letter and adopting the Monroe County Year 2030 Comprehensive
31 Plan; and
32
33 WHEREAS, at a special meeting held on April 13, 2016, the Monroe County Board of
34 County Commissioners adopted Ordinance No. 006 -2016, amending the Monroe County Land
35 Development Code to be consistent with the results of the Technical Document Update (data and
36 analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and
37 Appraisal Notification Letter and the Monroe County Year 2030 Comprehensive Plan; and
38
39 WHEREAS, the proposed Land Development Code amendments implement the
40 Comprehensive Plan Goals, Objectives and Policies; address internal inconsistencies; and provide
41 greater clarity for staff and public utilization; and
42
43 WHEREAS, the DEO issued Final Order No. 16 -130 (Final Order) on July 25, 2016,
44 approving amendments to the Monroe County Land Development Regulations (LDRs) pursuant
45 to section 380.05(6) and 380.0552(9), Florida Statutes; and
46
Page l of 3 Exhibit C
1 WHEREAS, Seashime LLC, Edward Buxton, and Cathy Buxton (collectively Petitioners)
2 filed a Petition with DEO on August 10, 2016, challenging the Final Order issued by DEO,
3 specifically as it relates to DEO's approval of the language added by the Ordinance to Section 130-
4 165 of the Monroe County LDRs, which added a condition that in order to aggregate development
5 of two or more parcels, the development must be "located on contiguous parcels of land;" and
6
7 WHEREAS, the Department of Economic Opportunity (DEO) and Monroe County,
8 Florida (Monroe County) (collectively, Respondents) recognize that deleting the condition
9 "located on contiguous parcels of land" from Section 130 -165 may allow for the aggregation of
10 parcels of land which may or may not be contiguous, including parcels separated by a road or right
11 of way; and
12
13 WHEREAS, the Petitioners and Respondents (the Parties) desire to settle all claims,
14 disputes, charges, and causes of action that exist or may exist between them regarding DEO Case
15 No. 16 -130 and Final Order No. DEO -16 -130, in order to avoid the cost and burden of litigation;
16 and
17
18 WHEREAS, the Monroe County Board of County Commissioners proposes amending
19 Section 130 -165 to eliminate the condition that aggregation be "located on contiguous parcels of
20 land" to resolve the Petition challenging the DEO issued Final Order and allowing the Monroe
21 County Land Development Code to become effective.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
24 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
25
26 Section 1. The Monroe County Land Development Code is amended as shown (Deletions are
�tri ,
27 �. -'tee -n th �o� and additions are underlined).
28
29 Sec. 13046165. Aggregation of development.
30
31 Any development , that has or is a part of a common
32 plan or theme of development or use, including, but not limited to, an overall plan of
33 development, common or shared amenities, utilities or facilities, shall be aggregated for
34 the purpose of determining permitted or authorized development and compliance with each
35 and every standard of thister Land Development Code (includes clearing limits) and
36 for the purpose of determining the appropriate form of development review.
37
38 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
39 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
40 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
41 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
42 provision immediately involved in the controversy in which such judgment or decree shall be
43 rendered.
44
Pagc 2 of 3
1 Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this
2 ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or
3 regulation, the more restrictive shall apply.
4
5 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
6 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
7
8 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida
9 but shall not become effective until a notice of Final Order is issued by the Florida State Land
10 Planning Agency or Administration Commission approving the ordinance and any challenge to
11 the order is resolved.
12
13 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
14 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
15 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
16 marking system of the Code.
17
18 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
19 above. This ordinance applies to any permit, and or other development approval application
20 submitted after the effective date.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
23 at a special meeting held on the day of , 2016.
24
25 Mayor Heather Carruthers
26 Mayor Pro Tem George Neugent
27 Commissioner Danny Kolhage
28 Commissioner David Rice
29 Commissioner Sylvia Murphy
30
31 BOARD OF COUNTY COMMISSIONERS
32 OF MONROE COUNTY, FLORIDA
33
34 BY
35 Mayor Heather Carruthers
36
37 (SEAL)
38
39 ATTEST: AMY HEAVILIN, CLERK
40
41
42
43 DEPUTY CLERK
Page 3 of 3