Ordinance 030-2016Exhibit C to Settlement Agreement
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 030— 2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 130 -165 OF THE MONROE
COUNTY LAND DEVELOPMENT CODE (LDC) ADOPTED ON APRIL
13, 2016 TO SATISFY A STIPULATED SETTLEMENT AGREEMENT
BETWEEN SEASHIME LLC, EDWARD BUXTON, AND CATHY
BUXTON (PETITIONERS), AND THE STATE OF FLORIDA,
DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND MONROE
COUNTY, FLORIDA ( MONROE COUNTY); 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, at a special meeting held on April 13, 2016, the Monroe County Board of
County Commissioners adopted Ordinance No. 006 -2016, amending the Monroe County Land
Development Code 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 the Monroe County Year 2030 Comprehensive Plan; 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 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; and
Page 1 of 3
Exhibit C to Settlement Agreement
1 WHEREAS, Seashime LLC, Edward Buxton, and Cathy Buxton (collectively
2 Petitioners) filed a Petition with DEO on August 10, 2016, challenging the Final Order issued by
3 DEO, specifically as it relates to DEO's approval of the language added by the Ordinance to
4 Section 130 -165 of the Monroe County LDRs, which added a condition that in order to aggregate
5 development of two or more parcels, the development must be "located on contiguous parcels of
6 land;" and
7
8 WHEREAS, the Department of Economic Opportunity (DEO) and Monroe County,
9 Florida (Monroe County) (collectively, Respondents) recognize that deleting the condition
10 "located on contiguous parcels of land" from Section 130 -165 may allow for the aggregation of
11 parcels of land which may or may not be contiguous, including parcels separated by a road or
12 right of way; and
13
14 WHEREAS, the Petitioners and Respondents (the Parties) desire to settle all claims,
15 disputes, charges, and causes of action that exist or may exist between them regarding DEO Case
16 No. 16 -130 and Final Order No. DEO -16 -130, in order to avoid the cost and burden of litigation;
17 and
18
19 WHEREAS, the Monroe County Board of County Commissioners proposes amending
20 Section 130 -165 to eliminate the condition that aggregation be "located on contiguous parcels of
21 land" to resolve the Petition challenging the DEO issued Final Order and allowing the Monroe
22 County Land Development Code to become effective.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
26
27 Section 1. The Monroe County Land Development Code is amended as shown (Deletions are
28 str-ie-len thfough and additions are underlined
29
30 Sec. 130 466165. Aggregation of development.
31
32 Any development , that has or is a part of a common
33 plan or theme of development or use, including, but not limited to, an overall plan of
34 development, common or shared amenities, utilities or facilities, shall be aggregated for
35 the purpose of determining permitted or authorized development and compliance with
36 each and every standard of this ehapte Land Development Code (includes clearing
37 limits ) and for the purpose of determining the appropriate form of development review.
38
39 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
40 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
41 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
42 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
43 provision immediately involved in the controversy in which such judgment or decree shall be
44 rendered.
45
Page 2 of 3
Exhibit C to Settlement Agreement
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
3 or 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
9 Florida but shall not become effective until a notice of Final Order is issued by the Florida State
10 Land Planning Agency or Administration Commission approving the ordinance and any
11 challenge to 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 � a. day of No V , 2016.
24 CdU"ISSi0A16OC
25 A4 Heather Carruthers I S
26 Mayor Piw-T-em George Neugent YES
27 Commissioner Danny Kolhage YES
2� c, M ° i� � � an=issienerDavid Rice YES
29,- c D Commissioner Sylvia Murphy YES
31c NQ: BOARD OF COUNTY COMMISSIONERS
32�-; co OF MON
AOE COU �
c �'1
34E] U-1 c BY
35 A4ayor ecrge IVQ uq�r� f
36
37 (SEAL)
38 _..�._
AMY HEAVILIN, CLERK
(7I )
/C? Y, / �
MONROE COUNT TTORNEY
A " A� FORM:
S 1:' ,`EN T. WILLIAMS
ASSISTANT CQU7TYATTORNEY
Date If / � //
Page 3 of 3
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
December 8, 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. 030 -2016 An ordinance of the Monroe
County Board of County Commissioners amending Section 130 -165 (formerly 130-166) of the Monroe
County Land Development Code (LDC) adopted on April 13, 2016 to satisfy a stipulated settlement
agreement between Seashime LLC, Edward Buxton, and Cathy Buxton (petitioners), and the State of Florida,
Department of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County); 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on November 22, 2016. Please file for the record. Should you
have any questions please feel free to contact me at (305) 295 -3130.
Res ectfully somitted, P
Amy Heavilin, 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
December 8, 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. 030 -2016, which was filed in this office on December 8,
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
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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
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Final Order No. DEO -17 -001
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 030 -2016
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 030-2016
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. 030 -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 November 22, 2016, and
rendered to the Department on December 16, 2016.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
returning the definition of aggregation at section 130 -165 to the language adopted by Monroe
County prior to Ordinance 006 -2016 being adopted.
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.
V
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Cr
-,
Final Order No. DEO -17 -001
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. 030 -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
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.
2
Final Order No. DEO -17 -001
DONE AND ORDERED in Tallahassee, Florida.
T
of C mmunity Development
of Economic Opportunity
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.
3
Final Order No. DEO -17 -001
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 January, 2017.
g � hhc ftlerk
Department of Economic Opportunity
107 East Madison Street, MSC 1 10
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
4