Item U2BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: U2
Agenda Item Summary #2333
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: 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.
ITEM BACKGROUND:
On March 1, 2016, at a special public meeting, the BOCC held the first of two public hearings to
consider adoption of the Monroe County 2030 Comprehensive Plan and the proposed amendments
to the Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan. On April 13, 2016, at a special public meeting, the BOCC held the second of two public
hearings and adopted the Monroe County 2030 Comprehensive Plan and the proposed amendments
to the Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan.
Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive
Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4,
2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was
complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The
Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of
Intent on the DEO Website on June 20, 2016
Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code.
This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24,
2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative
Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final
Order would have become effective 21 days after publication in the Florida Administrative Register
unless a petition was timely filed. The Land Development Code would have become effective on
August 16, 2016
On August 10, 2016 the Petitioners filed a Petition with DEO, challenging the DEO Final Order,
specifically as it 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."
While the Petition was focused on Section 130 -165 (formerly130 -166) and the aggregation of
development, the filing of the petition has held up the effectiveness of the entire Land Development
Code.
The Petitioners and Respondents desire to settle DEO Case No. 16 -130 and Final Order No. DEO-
16 -130 and avoid the cost and burden of litigation. The proposed settlement is to adopt an ordinance
eliminating the condition that in order to aggregate development of two or more parcels, the
development must be "located on contiguous parcels of land," as shown below and to allow for the
aggregation of parcels of land which may or may not be contiguous, including parcels which may be
separated by a road or right of way.
See. 134 - 444165. 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 ehapte Land Development Code (includes clearing
limits ) and for the purpose of determining the appropriate form of development review.
With the approval of the settlement agreement and the adoption of this associated ordinance
amending Section 130 -165 (as depicted above), the Monroe County Land Development Code can
become effective. The settlement agreement provides that:
• Upon adoption of the Ordinance, Monroe County will render the Ordinance to DEO for
issuance of a final order in accordance with sections 380.05(6) and 380.0552(9), Florida
Statutes.
• DEO will issue a final order approving the Ordinance, in accordance with 380.05(6) and
380.0552(9), Florida Statutes.
• The Petitioners will voluntarily dismiss, with prejudice, the above - styled case within 48
hours of issuance of DEO's final order approving the Ordinance.
PREVIOUS RELEVANT BOCC ACTION:
On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC on the
Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive Plan
On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of the
draft Evaluation and Appraisal Report.
On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of the
draft Evaluation and Appraisal Report.
On May 22, 2012, the BOCC adopted, by Resolution 150 -2012, the 2012 EAR for the Monroe County
Comprehensive Plan.
On March 21, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction
on the Introduction and Background; Mass Transit Element; Traffic Circulation Element; Capital
Improvements Element; and the Conservation and Coastal Management Element.
On April 23, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction
on the Energy and Climate Element; Cultural Resources Element; and Future Land Use Element.
On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water Element;
Intergovernmental Coordination Element; Ports, Aviation and Related Facilities Element; Housing Element;
Recreation and Open Space Element; Natural Groundwater Aquifer Recharge Element; Public Participation
section; Monitoring and Evaluation section and the Glossary.
On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and
provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued to
hearing to October 7, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the State Land Planning Agency.
On October 7, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed
and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued
to hearing to December 10, 2014, to consider the transmittal of the proposed amendments (the Monroe
County 2030 Comprehensive Plan) to the State Land Planning Agency.
On December 10, 2014, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed and
provided direction on proposed elements of the 2030 Comprehensive Plan related to height and offshore
islands. The BOCC continued the transmittal hearing to January, 14, 2015, to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On January 14, 2015, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed and
provided direction on proposed elements of the 2030 Comprehensive Plan and voted to transmit the proposed
2030 Comprehensive Plan to the State Land Planning Agency for review.
On September 2, 2015 and October 1, 2015, the BOCC held public hearings to review and discuss proposed
amendments to the Land Development Code to be consistent with the transmitted Monroe County Year 2030
Comprehensive Plan, the results of the Comprehensive Plan Technical Document update, the adopted 2012
Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter. Chapters
reviewed at the September hearing included: 101 Definitions; 102 Administration; 103 Temporary Housing;
106 Areas of Critical County Concern; 110 Development Review; 114 Development Standards; and 118
Environmental Protection. Chapters reviewed at the October hearing included: 122 Floodplain Management;
126 Impact Fees; 130 Land Use Districts; 131 Bulk Regulations; 134 Miscellaneous Restrictions; 135
Historic and Cultural Resources; 138 Rate of Growth Restrictions; 139 Affordable and Employee Housing;
142 Signs; and 146 Wireless Communication Facilities.
On March 1, 2016, at a special public meeting, the BOCC held the first of two public hearings to consider
adoption of the Monroe County 2030 Comprehensive Plan and the proposed amendments to the Land
Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan.
On April 13, 2016, at a special public meeting, the BOCC held the second of two public hearings and adopted
the Monroe County 2030 Comprehensive Plan and the Land Development Code.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance amending Section 130 -165 to resolve LDC Petition (Exhibit C)
Section 130 - 165_ Final _ Adopted_ Version_April_13_2016
Ordinance 006 -2016 adopting LDC
Stipulated Settlement Agreement
Exhibit A -Final Order
Exhibit B- Petition - Monroe County Ordinance No. 006 -2016; DEO -16 -130
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
I ] 3 3A 1 IH 17."
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
11/02/2016 4:57 PM
Steve Williams Completed
Jaclyn Carnago Skipped
11/02/2016 1:39 PM
Completed
11/02/2016 5:01 PM
11/04/2016 1:49 PM
Budget and Finance
Maria Slavik
Mayte Santamaria
Kathy Peters
Board of County Commissioners
Skipped
11/02/2016 1:31 PM
Skipped
11/02/2016 1:31 PM
Completed
11/04/2016 1:50 PM
Completed
11/07/2016 12:48 PM
Pending
11/22/2016 9:00 AM
Exhibit C to Settlement Agreement
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. —2016
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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 SEASHF%4E 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.
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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
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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
41 provide 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
Pagel 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
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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
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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
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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.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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27 Section 1. The Monroe County Land Development Code is amended as shown (Deletions are
28 st}iekex -thfeugh and additions are underlined)
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30 Sec. 130466165. Aggregation of development.
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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
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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.
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 day of , 2016.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I: 1
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
ONROE COUN ATTORNEY
A A&' FORM:
Sf' 'EN ArLLIAMS
ASSISTANT COUNTY ATTORNEY
Date t . f t C
Page 3 of 3
Monroe County Comprehensive Plan Update
(c) Per Policy 101.5.25, within the CFSD -20 land use district (Little Torch Key), residential
density shall be allowed in addition to the permitted nonresidential uses and intensit (� i.e.,
density and intensity shall not be counted cumulatively).
(d) Within the Mainland Native Area land use district, campground spaces and nonresidential
buildin4s shall only be permitted for educational, research or sanitm purposes.
(e) The minimum open space ratio for the MN zoning district is 0.95 for campground and
nonresidential uses. For permanent residential uses within the MN zoning district, the minimum
open space ratio is 0.99, as shown in the density table in Section 130 -157.
(f) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use category. Working waterfront and water dependent uses, such as
marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,
pursuant to Policy 101.5.6 of the Comprehensive Plan.
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.
130 -192 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
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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
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 of 3
I 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
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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:
22
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 str-ieken thfou '' and additions
25 are underlined
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27 Section 2. Severability. 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.
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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 /.3 day of , 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Yes
Commissioner Danny Kolhage Yes
Commissioner David Rice Yeg
Commissioner Sylvia Murphy Yes
BOARD OF COUN Y COMMISSIONERS
OF MONROE C ,
BY
Mayor eathAwearruthers
nc
E =-
rn
(SEAL) ��
s0
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-n
in.
C) C -
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AMY HEAVILIN, CLERK y
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7D
r�
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_ LERK 511 // (0
MONROE COUNTY ATTORNEY
APP ROVED A 0 FORM:
STEVEN T. WILLIPAMS
ASSISTANT
3�g I OU ATTORNEY
Date le-
Page 3 of 3
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
SEASHIME LLC, EDWARD BUXTON,
AND CATHY BUXTON,
vs.
Petitioners,
DEO Case No.: 16 -130
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 DSO's approval of the language added by the Ordinance to
section 130 -165 (formerlyl30 -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 -I6 -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.
Pagel 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 DEO'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- Iength 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 AVE 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 AND ACCEPTED BY
Director
Community Development
Heather Carruthers
Chair, Monroe County Commission
Monroe County, Florida
Date:
Date:
AGREED TO AND ACCEPTED BY AGREED TO AND ACCEPTED BY
Edward Buxton Edward Buxton
For Seashime LLC
Date:
AGREED TO AND ACCEPTED BY
Cathy Buxton
Date:
MO ROE COUNTY ATTORNEY
A ROVED AS ORM:
_ 7 L
T WILL!AMS
ASSISTHNT COPNT,Y ATTORNEY
Date _F / r` f /
Page 3 of 3
STATE OF FLORIDA
R
In re: A LAND DEVELOPMENT REGJiLATIUA
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006-2016
FINAL ORDER
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The Department of Economic Opportunity ("Department") hereby issues its Final Order,
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3. The Ordinance amends the Monroe County Land Development Code ("Code") in
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ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTI r FLORI
FOR THE RE OF •
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE ' ' 'Ol
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION r HEARING WILL BE ! !: PU SECTI 120.569 AND 120.57(l), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLO RIDA
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following persons by the methods indicated this
F-'VZV-7vTtffo
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506W'hitehead Street
Key West, FL 33040 1
Amy Heavilin, Clerk
Monroe County
500 Whitehead Street
Key West, FL 33040
Mayte Santamaria, Senior Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
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11 710 1 1 1 71
VDFLAW
Post Office Box 420526
Surnmerland
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MUMIMMUMIt I 1 0»
03-71MIUMM
Dep"ent of Economic Opportunity of the Final Order Approving Monroe County
Ordinance No. 006-2016.
The notice of agency action expressly recognizes »® right !<f « 2.ers to challenge the
9-gency action noted above. The challenge is based on the inconsistency of the adopted Monroe
County land development regulations with «® 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 205)8 389 .
Sincerely,
9�1 Mmm »M
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 Concern, and state as follows:
1. 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 (2 1)
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
' is 1 ' i i ' 1 ' 1 1 • • • • • T ,
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
91
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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 Aile2ed
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
CI
' is 1 ' i i ' 1 ' 1 1 • • • • • T ,
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
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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
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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,
7
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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.
�3
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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 163.3711(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
11 710 1 1 1 71�
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,
VAN D. FISCHER, Esquire
Florida Bar No. 0l 17712
Primary email: van@vdf-law.com
VDF Law, PLLC
PO Box 420526
Summerland Key, Florida 33042
Telephone: (305) 849-3893
10
11 710 1 1 1 71�
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
boecdis3@monroecounty-fl.gov
Mayt6 Santamaria
Senior Director
Monroe County Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Santamaria-Mayte@monroecounty-fl.gov
M
EXHIBIT A
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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.
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
governnment 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 -i30
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.
Tell. Director
Community Development
of Economic Opportunity
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 15!pday 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
1*04oull:lrs:l
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Page 1 of 3
I
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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 acc• • .
requirements of state law and the procedures adopted for public participation in the plannini,
• • 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 1 . 1 . • planning • •
"Volkyj 10 1 RRI [1101 D1 NZ Eli NO 1#101 '101
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-ieken thfough and additions
are underlined.)
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.
Secti ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(l 1) 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
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STEVEN T. WILL'AMS
Page 3 of 3
EXHIBIT C
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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.