Ordinance 006-2016• Y
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO.006 - 2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND
DEVELOPMENT CODE (LDC) TO BE CONSISTENT WITH THE
PROPOSED MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE RESULTS OF THE COMPREHENSIVE PLAN TECHNICAL
DOCUMENT UPDATE (DATA AND ANALYSIS), THE ADOPTED 2012
EVALUATION AND APPRAISAL REPORT AND THE 2014
EVALUATION AND APPRAISAL NOTIFICATION LETTER, LDC
ATTACHED AS EXHIBIT 1; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at a special meeting held on April 13, 2016, the Monroe County Board of
County Commissioners adopted Ordinance No. 005 -2016, amending the Monroe County Year
2010 Comprehensive Plan to be consistent with the results of the Technical Document Update
(data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation
and Appraisal Notification Letter and adopting the Monroe County Year 2030 Comprehensive
Plan; and
WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
Comprehensive Plan, amendments to the Land Development Code are necessary; and
WHEREAS, the proposed Land Development Code amendments implement the
Comprehensive Plan Goals, Objectives and Policies;address internal inconsistencies; and provide
greater clarity for staff and public utilization; and
WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
Agency, held advertised special public meetings on March 19, 2015, April 9, 2015, and April 23,
2015 to review the proposed Land Development Code amendments, and provided for comments
and public participation in accordance with the requirements of state law and the procedures
adopted for public participation in the planning process; and
Page 1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
Agency, held an advertised special public hearing on June 17, 2015, provided for comments and
public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process, and adopted Resolution No. P14 -15,
recommending approval of the proposed Land Development Code amendments to the Board of
County Commissioners; and
WHEREAS, the Board of County Commissioners held advertised special public
meetings on September 2, 2015, and October 1, 2015, to review proposed Land Development
Code amendments and provided for comments and public participation in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process; and
WHEREAS, the Board of County Commissioners held advertised special public
hearings on March 1, 2016 at 10:00 am, and April 13, 2016, at 10:00 am to consider adoption of
proposed Land Development Code amendments, provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
public participation in the planning process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Monroe County Land Development Code is amended as shown in Exhibit 1,
which is attached hereto and incorporated herein. (Deletions are str-iek thfeuo and additions
are underlined
Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree shall be
rendered.
Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this
ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
or regulation, the more restrictive shall apply.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice of Final Order is issued by the Florida State
Land Planning Agency or Administration Commission approving the ordinance and any
challenge to the order is resolved.
Page 2 of 3
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
marking system of the Code.
Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
above. This ordinance applies to any permit, and or other development approval application
submitted after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a special meeting held on the -LL day of lLgi I , 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Yes
Commissioner Danny Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUN Y COMMISSIONERS
OF MONROE C ,
BY
Mayor IfeathAmearruthers :t
r.
(SEAL) ter-
-�
�•
AMY HEAVILIN, CLERK„
I
o
n 9A111* r�
_
70
4.1 �ULLAAS y .,
v r
LERK 511 / / ('P
J
MONROE COUNTY ATTORNEY
4PjPROVED A 0 FORM:
tI
STEVEN T. WILL:r1MS
Date SISTANTrOUI�TY ATTORNEY
4 /G
Page 3 of 3
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
NIONROE COUNTY, FLORIDA
May 16, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 006 -2016 The second of two Public Hearings to
consider adoption of an ordinance of the Monroe County Board of County Commissioners amending the
Monroe County Land Development Code (LDC) to be consistent with the proposed Monroe County Year 2030
Comprehensive Plan, the results of the Comprehensive Plan Technical Document Update (Data and Analysis),
the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter,
LDC attached as Exhibit 1, providing for severability; providing for the repeal of conflicting provisions; providing
for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the
Monroe County Code; providing for an effective date. (Legislative Proceeding)
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special
Meeting, held in formal session, on April 13, 2016. Please file for the record. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully submit ed,
Amy HeaOilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D.C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -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
RICK SCOTT
Governor
May 23, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 006 -2016, which was filed in this office on May 23,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us
From: ords2municode.com
To: Morris-Peter monroecounty-fLoov;peters-_katherine -fl.aov; Pam Hancock
ff p �&_monroecountv
Subject: Monroe County,FL Land Development Code-2008(14299)Supplement 17 Update 2
Date: Monday,February 05,2018 10:28:14 AM
Attachments: ATT00001.bin
ATT00002.bin
THIS IS AN AUTOMATICALLY GENERATED EMAIL
Below, you will find the material that we have received/recorded to your account. This
material is being considered for inclusion in your next/current update, Supplement 17 Update
2
Ordinance No. 005-2017 5/17/2017 2/5/2018 PDF
Ordinance No. 006-2016 13/2016 1/28/2017 Word
Ordinance No. 008-2017 6/21/2017 2/5/2018 PDF
Ordinance No. 017-2017 9/27/2017 2/5/2018 PDF
Ordinance No. 022-2017 10/18/2017 11/6/2017 PDF
Ordinance No. 030-2016 4/13/2017 4/21/2017 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
Final Order No. DEO -16 -130
STATE OF FLORIDA
o
`n
DEPARTMENT OF ECONOMIC OPPORTUNITY
W
"
� rn
,ac
In re: A LAND DEVELOPMENT REGULATION
o
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006 - 2016
= `' `
cn
2
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.
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
e nnu nvFrn
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. _
i
SDmen Te ell, Director
f Community Development
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.
11
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 —day of July, 2016.
Z&6nec�
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