Ordinance 014-2019 2 4'*-:ew.: ;4);
5
6 MONROE COUNTY, FLORIDA
7 ORDINANCE NO. 014 -2019
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
10 COUNTY COMMISSIONERS AMENDING SECTION 101-1 OF THE
11 MONROE COUNTY LAND DEVELOPMENT CODE CREATING A
12 DEFINITION OF NESTING AREA; PROVIDING FOR
13 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
14 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
15 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
16 PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
17 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
18
19
20 WHEREAS, the Board of County Commissioners of Monroe County, at a special
21 meeting on January 14, 2015, unanimously passed a motion to direct staff to impose a temporary
22 moratorium upon certain development applications of Offshore Islands due to pending
23 legislation; and
24
25 WHEREAS, the Planning Commission recommended revisions be made to Policy
26 206.1.2 specifying that the County Biologist will verify data and surveys submitted to document
27 a bird rookery; and also recommended revisions be made to Policy 206.1.2 pertaining to
28 including semi-colonial birds and recommended approval of the proposed amendments; and
29
30 WHEREAS, the Board of County Commissioners held a public hearing on July 20,
31 2016, to review and consider transmittal of proposed comprehensive plan amendments for
32 offshore islands to the State Land Planning Agency and Reviewing Agencies as defined in
33 Section 163.3184(1)(c), Florida Statutes for review and comment and voted to not transmit the
34 proposed Comprehensive Plan Amendment and directed Staff to prepare the proposed
35 amendments to the Land Development Code as necessary to provide suitable protections to the
36 White Crowned pigeon and other applicable protected species; and
37
38 WHEREAS, the protection of the White Crowned pigeon and other applicable protected
39 species is best done through the protection of nesting areas for these species; and
40
41 WHEREAS, the 2030 Comprehensive Plan includes a definition for Nesting Areas (for
42 birds); and
43
44 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
45 Comprehensive Plan, amendments to the Land Development Code are necessary; and
46
Ord. 014-2019
File#2016-123 Page 1 of 3
1 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
2 regulations to be consistent with and implement the Comprehensive Plan; and
3
4 WHEREAS, the proposed Land Development Code amendment is consistent with the
5 definition for Nesting Areas (for birds) in the Comprehensive Plan; and
6
7 WHEREAS, based upon the information and documentation submitted, the Planning
8 Commission makes the following Findings of Fact and Conclusions of Law:
9
10 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
11 Monroe County Year 2030 Comprehensive Plan; and
12 2. The proposed amendment is consistent with the Principles for Guiding Development
13 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
14 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
15 4. The proposed amendment is necessary due to a need for additional detail as required
16 by Section 102-158 of the Monroe County Code;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
20
21 Section 1. Section 101-1 of the Monroe County 2016 Land Development Code is
22 amended as shown. (Deletions are stricken through and additions are underlined.)
23
24 Chapter 101 GENERAL PROVISIONS
25 Sec. 101-1. Defmitions.
26 The following words, terms and phrases, when used in this chapter, shall have the meanings
27 ascribed to them in this section, except where the context clearly indicates a different meaning:
28 *****: **: **: ***** :************: ***: *: : ******************************
29
30 Nesting Areas (for birds) means those areas that birds use for nesting. This applies to wading
31 birds, hawks, falcons, seabirds, shorebirds, and any bird species federally or state-listed as
32 endangered, threatened, or a species of special concern. This definition does not apply to
33 non-native invasive or nuisance species.
34
35 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
36 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
37 by such validity.
38
39 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
40 conflict with this ordinance are hereby repealed to the extent of said conflict.
41
42 Section 4. Transmittal. This ordinance shall be transmitted by the Board of County
43 Commissioners to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
44 Florida Statutes.
45
Ord.014 -2019
File#2016-123 Page 2 of 3
r
1 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
2 Secretary of State of Florida,but shall not become effective until a notice is issued by the Florida
3 State Land Planning Agency or Administration Commission finding the amendment in
4 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
5
6 Section 6. Inclusion in the Land Development Code. The amendment shall be
7 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
8 amendment may be renumbered to conform to the numbering in the Monroe County Land
9 Development Code.
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
12 County, Florida, at a regular meeting held on the 22nd day of May , 2019.
13
14 Mayor Sylvia Murphy Yes
15 Mayor Pro Tern Danny L. Kolhage Yes
16 Commissioner Heather Carruthers Absent
17 Commissioner Michelle Coldiron Yes
18 Commissioner David Rice Yes
19
20
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21 ;.. s -_ '`'1 . BOARD OF COUNTY COMMISSIONERS
22 ; MoNo7soRmY
Mayo / ylv' Murphy
Vie 1
••.,COUMfY
28
29 ATTEST: KEVIN MADOK, CLERK
30
31
32 qa 4 4 J/z
33 DEPUTY CLERK '4.0£cOUilrf
34 Yf`G AR
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Ord.014-2019
File#2016-123 Page 3 of 3
'�''`"' ` KEY , wi:sT
miC
rraEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
KEY LARGO F L 33037VVY MONROE COUNTY
Account: 138694 Ticket: 292241 BOARD OF COUNTY
PUBLISHER'S AF COMMISSIONERS
STATE OF FLORIDA NOTICE OF PUBLIC
COUNTY OF MONROE MEETING AND
Before the undersigned authority personally appeared NOTICE OF PUBLIC
/ 1
I (/LkI-- U(j,who on oath says that heor she is HEARING
\ Io yf of the Key West Citizen, a daily NOTICE OF CHANGE TO
newspaper published in Key West, in Monroe County, Florida;that the attached COMPREHENSIVE PLAN
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of: NOTICE OF CHANGE TO
Sunday, May 5,2019 LAND DEVELOPMENT
Affiant further says that the Key West Citizen is a newspaper published in Key REGULATIONS
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day, and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceding the first publication May 22, 201 9
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate, NOTICE IS HEREBY GIVEN that on Wednesday, May 22, 2019, the
commission or refund for the urpose of securing this advertisement for publica- Monroe County Board of County Commissioners will hold a Public
tiga. the sa' e ap Meeting at the Harvey Government Center, 1200 Truman Ave, Key
West,Monroe County,Florida,to review and receive public comment
for the following items:
----K
(Signature of Affiant 1.A RESOLUTION SETTING THE DATE,TIME,AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
Affi • .n• dubs•„ ••afore me this 6th day of May 2019 OF A PORTION OF THE RIGHT-OF-WAY OF GARDEN STATE LANE,
.� AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES
KAYV/ SECTION THREE,PLAT BOOK 6,PAGE 61,BOUNDED ON THE NORTH
/L i.// i AND WEST BY BLOCK 8 LOTS 17 AND 18;BOUNDED ON THE EAST
(N. :viol" . 'f;r! p BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH BY
GARDEN STATE LANE; SECTION 14,TOWNSHIP 61 SOUTH, RANGE
- ig , / A�/l Az, ``'N1O1'.4q� 39 EAST,KEY LARGO,MONROE COUNTY,FLORIDA.(File#2018-231)
(Notary Pu•lic Printed Name) (Notary_y; 0 PUBLIC HEARINGS:
3
My commission expires 14 _�'•• rh�� 3:00 PM(or as soon thereafter as may be heard):
'�rttrt1�,"`, 1.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
IS p O COMMISSIONERS AMENDING POLICY 101.5.25 OF THE 2030
Personally Known X Produced Identification_ a -a = = MONROE COUNTY COMPREHENSIVE PLAN TO ADDRESS DENSITY
a mg
_$ CID ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM
i'n _
Type of Identification Produced (RM) FUTURE LAND USE MAP CATEGORY AND THE IMPROVED
SUBDIVISION (IS) ZONING DISTRICT THAT ARE NOT PLATTED
LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
V- C/ OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
,n TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY
V CI g OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
.a` COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File
e 2018-196)
`c NI
—{
2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING POLICY 101.5.29 OF
THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO ALLOW
EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING UNITS,
OTHER THAN MOBILE HOMES,TO BE CONSIDERED CONFORMING
USES REGARDLESS OF FUTURE LAND USE DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR 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 COMPREHENSIVE PLAN;
PROVIDING FOR AN EFFECTIVE DATE. (File 2018-209)
- 3.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICY 101.9.4 OF THE 2030
MONROE COUNTY COMPREHENSIVE PLAN TO ALLOW RESIDENTIAL
DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE
TO REDEVELOP AT THE PREVIOUSLY APPROVED OPEN SPACE RATIO
IN CASES WHERE COMPLIANCE WITH CURRENT OPEN SPACE
REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR 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
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File
2018-211)
4.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 101-1 OF THE MONROE
COUNTY LAND DEVELOPMENT CODE CREATING A DEFINITION
OF NESTING AREA; PROVIDING FOR SEVERABILITY; PROVIDING
FOR 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 LAND DEVELOPMENT CODE;PROVIDING FOR AN
EFFECTIVE DATE.(File 2016-123)
5.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 101-1 OF THE MONROE
COUNTY LAND DEVELOPMENT CODE CREATING A DEFINITION OF
OFFSHORE ISLAND; AMENDING SECTION 118-10 OF THE LAND
DEVELOPMENT CODE TO FURTHER CLARIFY THE DEVELOPMENT OF
OFFSHORE ISLANDS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR 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 LAND DEVELOPMENT CODE;PROVIDING FOR AN
EFFECTIVE DATE.(File 2016-124)
5:01 PM(or as soon thereafter as may be heard):
1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND
DEVELOPMENT CODE SECTION 130-93, SUBURBAN COMMERCIAL
DISTRICT (SC), TO ALLOW PARKS TO BE PERMITTED AS OF
RIGHT IN THE SC LAND USE(ZONING) DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR 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.(File 2018-208)
Copies of the above are available at the Monroe County Planning
Department offices in Marathon and Key Largo during normal business
hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes, if a person decides to
appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting
or hearing, he or she will need a record of the proceedings, and that,
for such purpose,he or she may need to insure a verbatim record of the
proceedings is made,which record includes the testimony&evidence
upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs
special accommodations in order to participate in this proceeding,
please contact the County Administrator's Office,by phoning(305)
292-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than
five (5) calendar days prior to the scheduled meeting; if you are
hearing or voice impaired,call"711."
May 3,2019 Key West Cltlzen
�:t couRtQ°
°'..,0. '°``•N Kevin Madok, CPA
''•.• " {IA•P Clerk of the Circuit Court&Comptroller—Monroe County, Florida
May 31, 2019
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 014-2019 amending Section 101-1 of the
Monroe County Land Development Code creating a definition of nesting area;providing for 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 land Development 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 May 22, 2019. Should you have any questions,
please feel free to contact me at(305) 292-3550.
f
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 31, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 014-2019, which was filed in this office on May 31,
2019.
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.ft.us
Final Order No. DEO-19-028
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
c
In re: A LAND DEVELOPMENT REGULATION C
ADOPTED BY MONROE COUNTY, FLORIDA, ;� rn rri
ORDINANCE NO. 014-2019 �? i o
la(-)
- rn
CD
FINAL ORDER • _, ca
APPROVING MONROE COUNTY ORDINANCE NO. 014-20,19
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. 014-2019 (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 22, 2019, and rendered to
the Department on July 11, 2019.
3. The Ordinance amends the definition of"nesting areas (for birds)" under Chapter
101 of the Monroe County Land Development Code to clarify that the term applies to endangered,
threatened, or species of special concern and does not apply to non-native invasive or nuisance
species.
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. See §§ 380.05(6) and
380.0552(9), Fla Stat.
•
Final Order No. DEO-19-028
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Objectives
102.3, 206.1, and 206.1.2.
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.
§§ 380.05(6) and 380.0552(9), Fla Stat. 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 complies with the following:
(a) 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.
(b) Protecting shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches,wildlife, and their habitat.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.014-2019 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-19-028
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.
mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-19-028
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-19-028
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 I day of , 2019.
DaLl'
Agent; clerk
De pa - t of Economic Opportunity
p pp Y
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
•