Ordinance 015-2019 8
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7 MONROE COUNTY, FLORIDA
8 ORDINANCE NO. 015 2019
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 101-1, CREATING A DEFINITION OF
13 OFFSHORE ISLAND; AMENDING SECTION 118-10 OF THE LAND
14 DEVELOPMENT CODE TO FURTHER CLARIFY THE DEVELOPMENT
15 OF OFFSHORE ISLANDS; PROVIDING FOR SEVERABILITY;
16 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
17 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
18 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
19 INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT
20 CODE; PROVIDING FOR AN EFFECTIVE DATE.
21
22
23 WHEREAS,the Board of County Commissioners of Monroe County, at a special meeting
24 on January 14, 2015, unanimously passed a motion to direct staff to impose a temporary
25 moratorium upon certain development applications of Offshore Islands due to pending legislation;
26 and
27
28 WHEREAS, during a special meeting of the Board of County Commissioners to consider
29 the transmittal of the 2030 Comprehensive Plan amendment package on January 14, 2015, a
30 discussion was held and motion made and passed to direct staff not to accept any applications
31 regarding Offshore Islands that would involve a Transfer of Development Rights to Offshore
32 Islands, Transfer of ROGO Exemptions to Offshore Islands, and Map Amendments or Text
33 Amendments that would bring about increased density or intensity to Offshore Islands; and
34
35 WHEREAS, the Monroe County Development Review Committee considered proposed
36 amendments for offshore islands at regularly scheduled meetings held on March 24, 2015, May
37 26, 2015, August 25, 2015, October 27, 2015 and January 26, 2016; and
38
39 WHEREAS,the Monroe County Planning Commission considered proposed amendments
40 for offshore islands at a regularly scheduled meeting held on February 24, 2016; and
41
42 WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2
43 specifying that the County Biologist will verify data and surveys submitted to document a bird
44 rookery; and
45
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1 WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2
2 pertaining to including semi-colonial birds and recommended approval of the proposed
3 amendments; and
4
5 WHEREAS, the Board of County Commissioners held a public hearing on March 23,
6 2016, provided for public comment and public participation in accordance with the requirements
7 of state law and the procedures adopted for public participation in the planning process,to transmit
8 comprehensive plan amendments to the State Land Planning Agency and Reviewing Agencies as
9 defined in Section 163.3184(1)(c), Florida Statutes for review and comment; and
10
11 WHEREAS, the Monroe County Board of County Commissioners continued a public
12 hearing on March 23, 2016 to July 20, 2016, due to an omission in the advertised ordinance and to
13 provide for additional staff and legal review; and
14
15 WHEREAS, the Board of County Commissioners held a public hearing on July 20, 2016,
16 to review and consider transmittal of proposed comprehensive plan amendments for offshore
17 islands to the State Land Planning Agency and Reviewing Agencies as defined in Section
18 163.3184(1)(c), Florida Statutes for review and comment; and
19
20 WHEREAS,the Board of County Commissioners provided for public comment and public
21 participation in accordance with the requirements of state law and the procedures adopted for
22 public participation in the planning process; and
23
24 WHEREAS, the Board of County Commissioners voted to not transmit the proposed
25 Comprehensive Plan Amendment and directed Staff to prepare the proposed amendments to the
26 Land Development Code.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
30
31 Section 1. Section 101-1 of the Monroe County 2016 Land Development Code is amended
32 as shown. (Deletions are stricken through and additions are underlined.)
33
34 Chapter 101 GENERAL PROVISIONS
35 Sec. 101-1. Definitions.
36 The following words, terms and phrases, when used in this chapter, shall have the meanings
37 ascribed to them in this section, except where the context clearly indicates a different meaning:
38 ***********************: : **: ****************************************
39 Office use means a use where business, professional or governmental services are made available
40 to the public. The term excludes an office(s) ancillary to the operation of another defined land use
41 (i.e. commercial retail) on the site.
42 Offshore Island means an area of land, surrounded by water, which is not directly or indirectly
43 connected to U.S. 1 by a bridge, road or causeway.
44 Open Space means (in relation to open space ratio calculations) that portion of any parcel or area
45 of land or water that is required to be maintained such that the area within its boundaries is open
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1 and unobstructed from the ground to the sky (This definition is not intended to exclude vegetation
2 from required open space).
4
5 Section 2. Chapter 118-10 of the Monroe County 2016 Land Development Code is
6 amended as shown. (Deletions are stricken through and additions are underlined.)
7. Sec. 118-10. Environmental Design for Specific Habitat Types.
8 In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual
9 habitats as outlined in this Section.
10 (a) Hammock. All structures developed, used or occupied on land classified as hammock (all
11 types and all levels of quality) shall be designed, located and constructed such that:
12 (1) All areas of required open space are maintained in their natural condition,including the
13 preservation of canopy, mid-story, understory vegetation, ground cover and leaf litter
14 layer; and
15 (2) Clearing of native vegetation is limited to the area of approved clearing shown on the
16 approved site plan, which shall include a construction impact zone around all
17 structures. Construction barriers shall be required at the outer edge of the construction
18 impact zone and shall be visible and of durable material such as wood, fabric, wire
19 fencing, plastic safety fencing, or similar types that provide openings to allow the
20 passage of wind and water through them. Barriers shall be staked and remain in place
21 and maintained in a functional condition until final inspection for a certificate of
22 . occupancy has been approved. During construction, there shall be no disturbances of
23 the ground surface and vegetation within required open space areas.
24 (b) Pinelands. All structures developed, used or occupied on land classified as pinelands (all
25 types and all levels of quality) shall be designed, located and constructed such that:
26 (1) All areas of required open space are maintained in their natural condition, including
27 canopy, mid-story, understory vegetation, and ground cover. Dead vegetative matter,
28 including leaf litter layer, may be removed for fire safety; and
29 (2) All structures are separated from the body of the pinelands by a clear, unvegetated fire
30 break of at least 15 feet width. Any clearing required to create this firebreak shall be
31 deducted from the total area of clearing allowed for the parcel. Clearing of native
32 vegetation shall be limited to the area of approved clearing shown on the approved site
33 plan, and the required firebreak. Construction barriers shall be required at the outer
34 edge of the area to be cleared and shall be visible and of durable material such as wood,
35 fabric, wire fencing, plastic safety fencing, or similar types, that provide openings to
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1 allow the passage of wind and water through them. Barriers shall be staked and remain
2 in place and maintained in a functional condition until final inspection for a certificate
3 of occupancy has been approved. During construction, there shall be no disturbances
4 of the ground surface and vegetation within required open space areas.
5 (c) Beach berm complex or disturbed with beach berm. All structures developed, used or
6 occupied on land classified as a beach berm complex or as disturbed with beach berm shall
7 be designed, located and constructed such that:
8 (1) All structures are elevated on pilings or other supports.
9 (2) No beach berm material is excavated or removed and no fill is deposited on a beach
10 berm except as needed for shoreline stabilization or beach renourishment projects with
11 a valid public purpose that furthers the goals of the Monroe County Comprehensive
12 Plan, as determined by the Planning Director. If applicable, all such projects shall
13 require approval by the Florida Department of Environmental Protection and the U.S.
14 Army Corps of Engineers prior to the commencement of development or construction
15 and/or prior to the issuance of a County `Notice to Proceed.'
16 (3) The clearing of beach berm vegetation is limited to the minimum clearing required to
17 allow development of a permitted use. Beach berm areas disturbed during construction
18 shall be immediately restored to stable condition pursuant to a restoration plan
19 approved by the County Biologist. Restoration techniques shall be designed to achieve
20 the maximum stability possible. Native plants shall be used exclusively in re-
21 vegetation.
22 (4) A construction impact zone is provided and construction barriers are required at the
23 outer edge of the construction impact zone and shall be visible and of durable material
24 such as wood, rope or wire cable. No fencing or other material that can entrap wildlife
25 may be used as a construction barrier on a beach berm. No vehicular or pedestrian
26 traffic shall be permitted outside of the construction barriers for the duration of the
27 construction period. Barriers shall remain in place and maintained in a functional
28 condition until final inspection for a certificate of occupancy has been approved.
29 (d) Offshore Islands. All structures developed, used or occupied on land classified as an
30 Offshore Island shall be designed, located and constructed such that:
31 (1) development shall be prohibited on offshore islands (including spoil islands)which have
32 been documented as an established bird rookery or nesting area based on resource agency
33 best available data or surveys (See Conservation and Coastal Management Policy
34 206.1.2.);
35 (2) new resource extraction pits shall be prohibited on offshore islands;
36 (3) campgrounds and marinas shall not be permitted on offshore islands; however,
37 temporary primitive camping by the owner, in which no land clearing or other alteration
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1 of the island occurs, shall be the only use of an offshore island which may occur without
2 necessity of a permit;
3 (4) the use of any motorized vehicles including, but not limited to, trucks, carts, buses,
4 motorcycles, all-terrain vehicles and golf carts shall be prohibited on offshore islands
5 that do not contain any development;
6 (5) planting with native vegetation shall be encouraged whenever possible on spoil islands;
7 and
8 (6) County public facilities and services, excluding electricity over which the Public
9 Services Commission of the State of Florida exercises jurisdiction, shall not be extended
10 to offshore islands. The extension of public facilities shall be required to comply with
11 Policy 101.12.2.
12
13 (de) Mangroves,wetlands, and submerged lands. All structures developed, used or occupied on
14 land classified as mangroves,wetlands or submerged lands (all types and all levels of quality)shall
15 be designed, located and constructed such that:
16 (1) Generally. Only docks and docking facilities, boat ramps, walkways, water access
17 walkways, water observation platforms, boat shelters, non-enclosed gazebos, riprap,
18 seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
19 wetlands, and submerged lands, subject to the specific restrictions of this subsection.
20 Trimming and/or removal of mangroves shall meet Florida Department of
21 Environmental Protection requirements.
22 (2) Protection of circulation patterns. Shoreline structures shall be designed to protect tidal
23 flushing and circulation patterns.
24 (3) Dredging. The following restrictions shall apply to dredging activities:
25 a. No new dredging shall be allowed in the County except as specified for boat
26 ramps in Section 118-12(1) (shoreline setback,boat ramps).
27 b. No maintenance dredging shall be permitted within areas vegetated with seagrass
28 beds or characterized by hard bottom communities except for maintenance
29 dredging in public navigation channels.
30 c. In order to facilitate establishment and prevent degradation of bottom vegetation,
31 maintenance dredging in artificial waterways shall not exceed depths greater than
32 six feet at mean low water(MLW). This restriction does not apply to the entrance
33 channels into Key West Harbor and Safe Harbor.
34 d. All dredged spoil materials shall be placed on permitted upland sites designed
35 and located to prevent runoff of spoil material into wetlands or surface waters.
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1 e. All such projects shall require approval by the Florida Department of
2 Environmental Protection and the U.S. Army Corps of Engineers prior to the
3 commencement of development or construction and/or prior to the issuance of a
4 County `Notice to Proceed.'
5 f. Exemptions:
6 1. Pursuant to Policy 202.8.6, canal restoration projects developed to
7 determine the effectiveness of water quality strategies of the Florida Keys
8 National Marine Sanctuary Water Quality Protection Program that meet the
9 following criteria are exempt from the restrictions in 118-10(d)(3)b:
10 i. Projects are limited to previously dredged artificial canals
11 characterized as having poor or fair water quality within the 2013
12 Monroe County Canal Management Master Plan.
13 ii. Projects are performed or funded by public entities (county, state, or
14 federal) for organic material removal; and
15 iii. Projects are backfilled to a depth of six to eight feet (6ft - 8ft), or an
16 alternative depth as determined by best available scientific data and
17 authorized by the state and federal permitting agencies; and
18 iv. Hydraulic (vacuum) dredging shall be considered the preferred means
19 of removal of the organic material. If hydraulic dredging is not
20 proposed to accomplish the organic material removal, a public hearing
21 before the Board of County Commissioners (BOCC) shall be required
22 prior to issuance of a County permit.
23 2. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration
24 projects to remove decomposing organic material from previously dredged
25 artificial canals (down to the bedrock)without backfilling will be performed
26 and evaluated for effectiveness. Water quality monitoring of these two (2)
27 organic removal pilot projects shall be conducted at a two- (2) year point of
28 time and a ten- (10) year point of time after completion of the pilot projects,
29 and a water quality report shall be reviewed to determine the effectiveness
30 in improving dissolved oxygen concentrations, as identified in the surface
31 water quality criteria in Ch. 62-302.530, F.A.C., in the two (2) organic
32 removal pilot projects canals.
33 (4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged
34 lands except:
35 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
36 Seawalls, Riprap) and 118-12(1) (Boat Ramps);
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1 b. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip,
2 boat basin or swimming pool if the County Biologist determines that such filling
3 will not have a significant adverse impact on marine or wetland communities;
4 c. As needed for shoreline stabilization or beach renourishment projects with a valid
5 public purpose that furthers the goals of the Monroe County Comprehensive Plan,
6 as determined by the County Biologist;
7 d. For bridges extending over salt marsh and/or buttonwood association wetlands
8 that are required to provide automobile or pedestrian access to lawfully
9 established dwelling units located on upland areas within the same property for
10 which there is no alternate means of access. Such bridges shall be elevated on
11 pilings so that the natural movement of water, including volume, rate and
12 direction of flow shall not be disrupted or altered; or -
13 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands
14 with appropriate mitigation as defined by the wetland regulations of subsection
15 (e)(6) of this Section.
16 (5) After-the-fact exclusion. No after-the-fact permits shall be issued that violate the
17 County dredge and filling regulations. All fill shall be removed and all damages
18 mitigated.
19 (6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh and
20 buttonwood association may be filled* for development in accordance with the
21 following criteria:
22 a. Disturbed wetlands proposed for filling will be evaluated by a County Biologist
23 using the Keys Wetlands Evaluation Procedure (KEYWEP) and assigned a
24 KEYWEP score.The County Biologist may conduct a current KEYWEP analysis
25 to confirm or update a parcel's KEYWEP scores.
26 1. Wetland quality categories based on KEYWEP scoring:
27 i. High functional capacity wetlands: those wetlands that score higher
28 than 5.5, regardless of previous disturbance. Development is
29 prohibited under any circumstances.
30 ii. Moderate functional capacity wetlands: those wetlands that score 5.5
31 or less, but greater than or equal to 4.6. These wetlands are suitable
32 for development with appropriate mitigation.
33 iii. Low functional capacity wetlands: those wetlands that score less than
34 4.6 or are assigned a green-flag designation as suitable for
35 development. These wetlands are suitable for development with
36 appropriate mitigation.
37 2. Wetlands determined by KEYWEP to have a high functional capacity
38 (those wetlands that score above 5.5 or those wetlands that are assigned a
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•
1 red flag) are not suitable for filling. The open space ratio for such wetlands
2 will be 1.0 (100%).
3
4 3. Wetlands determined by KEYWEP to have moderate or low functional
5 capacity (those wetlands that score 5.5 or less or are assigned a green flag)
6 are suitable for filling with appropriate mitigation, as determined by the
7 Florida Department of Environmental Protection (DEP) and the U.S. Army
8 Corps of Engineers (ACOE). All such projects shall require documentation
9 that all aspects of DEP and ACOE mitigation have been satisfied prior to
10 the commencement of construction and/or prior to the issuance of a County
11 `Notice to Proceed.'
12
13 b. Placement of fill within disturbed wetlands is subject to the environmental design
14 clustering criteria (see Section 118-7(f)). Less sensitive habitats on the subject
15 parcel must be developed before disturbed wetlands are filled.
16
17 c. Any portion of a wetland filled under these provisions shall be considered
18 disturbed habitat with a required open space ratio of 0.20. In the event that state
19 and/or federal permits restrict fill to the development area only, this provision
20 will not apply.
21
22 d. Any development within a wetland so filled shall conform to the setbacks
23 established by the DEP and the ACOE permits, and to the minimum yards
24 required by Chapter 131 of this LDC.
25 (7) Vegetated buffer required between development and wetlands. Except as allowed in
26 Section 118-7 (general environmental design criteria), a minimum vegetated setback
27 of 50 feet shall be maintained as an open space buffer and shall be protected by a grant
28 of conservation easement running in favor of the County for development occurring
29 adjacent to all types of wetlands, with the following exceptions:
30 a. If a 50-foot setback results in less than 2,000 square feet of principal structure
31 footprint of reasonable configuration, then the setback may be reduced to allow
32 for 2,000 square feet of principal structure footprint of reasonable configuration,
33 provided that the setback is not reduced to less than 25 feet.
34 b. On properties classified as scarified adjacent to wetlands, the wetland setback
35 may be reduced to 25 feet, without regard to buildable area, if the entire setback
36 •
area:
37 1. Is planted and maintained in native vegetation meeting the standards of a
38 class D bufferyard or a bufferyard providing similar protection (Section
39 114-128 Bufferyard standards)with the exception that understory trees may
40 be substituted for canopy trees;
41 2. Contains a site-suitable stormwater management plan approved by the
42 County Biologist; and
43 3. Is placed under a conservation easement.
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1 c. The wetland setback required by this subsection shall not apply to mangrove or
2 wetland fringes occurring along manmade canals, channels, or basins.
3 d. The wetland setback required by this Section shall not apply to areas filled in
4 accordance with 118-10(d)(6) where state and/or federal permits restrict the fill
5 to the development area only.
6 e. On properties where the wetland is located between the development and water
7 (shoreline), the terms of the grant of conservation easement may be amended to
8 allow up to a four-foot wide (4ft) boardwalk or similar water-access structure to
9 allow access to the water.The terms may only be amended if the County Biologist
10 makes written findings of fact and conclusions of biological opinion that
11 substantiate the need and/or benefits to be derived from the amendment.
12
13 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
14 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by
15 such validity.
16
17
18 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
19 conflict with this ordinance are hereby repealed to the extent of said conflict.
20
21
22 Section 5. Transmittal. This ordinance shall be transmitted by the Board of County
23 Commissioners to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
24 Florida Statutes.
25
26
27 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
28 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
29 State Land Planning Agency or Administration Commission finding the amendment in
30 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
31
32
33 Section 7. Inclusion in the Land Development Code. The amendment shall be
34 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
35 amendment may be renumbered to conform to the numbering in the Monroe County Land
36 Development Code.
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9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
10 Florida, at a regular meeting held on the 22nd day of May , 2019.
11
12 Mayor Sylvia Murphy Yes
13 Mayor Pro Tern Danny L. Kolhage yes
14 Commissioner Michelle Coldiron Yes
15 Commissioner Heather Carruthers Absent
16 Commissioner David Rice Yes
17
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20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23 ` •
24
25 ;};`. BY
26 _ = Mayor Sylvia Murphy
27 6 I
28 ~= =
29 OOYy}• M
30 ATTEST: KEVIN MADOK, CLERK
31
32 MONROE COUNT. n+ Y
33 my" t .
34 DEPUTY CLERK
STEV + T. 11LLIAMSRN6r
ASSISTANT U�1TY(ATTORNEY
Date / LL
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Page 10 of 10
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/.Th."--"":„..illikt
, KEYVWI:ST
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'SAF COMMISSIONERS
STATE OF FLORIDA NOTICE OF PUBLIC
COUNTY OF MONROE MEETING AND
Before the undersigned authority personally appeared NOTICE OF PUBLIC
/
'"�1 (1 ike. L-- U((>,who on oath says that he or she is HEARING
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, 2019
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
ti . 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:
--e7
(Signature of Affiant 1.A RESOLUTION SETTING THE DATE,TIME,AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
Affi n• ubs• •efore me this 6th day of May 2019 OF A PORTION OF THE RIGHT-OF-WAY OF GARDEN STATE LANE,
. Asir
AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES
�,//�i / /�/� SECTION THREE,PLAT BOOK 6,PAGE 61,BOUNDED ON THE NORTH
/L , ..,/ / AND WEST BY BLOCK 8 LOTS 17 AND 18;BOUNDED ON THE EAST
(N. ,7.4.7 . ' :}%�llilir BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH BY
GARDEN STATE LANE;SECTION 14,TOWNSHIP 61 SOUTH, RANGE
l ia A'/ 0,.Ar ,k 39 EAST,KEY LARGO,MONROE COUNTY,FLORIDA.(File#2018-231)
(Notary Pu•llc Printed Name) (Notary,': PUBLIC HEARINGS:
My commission expires 4';?7 . ,r 3:00 PM(or as soon thereafter as may be heard):
''����r111 rr��,"`, 1.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICY 101.5.25 OF THE 2030
Personally Known X Produced Identification 'v k = MONROE COUNTY COMPREHENSIVE PLAN TO ADDRESS DENSITY
kISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM
Type of Identification Produced y _ (RM) FUTURE LAND USE MAP CATEGORY AND THE IMPROVED
SUBDIVISION (IS) ZONING DISTRICT THAT ARE NOT PLATTED
C 2 = LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
a V! Cl OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY
V N OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
,a` COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File
p� 2018-196)
N CD
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 Citizen
Kevin Madok, CPA
ji
ff........ 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. 015-2019 amending Monroe County Land
Development Code Section 101-1, 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.
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.
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. 015-2019, 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-19-029
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
A •
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA, CD rn -r'v o
ORDINANCE NO. 015-2019 -2.1~i I o
V•fj rTT1
:Y•
FINAL ORDER '
APPROVING MONROE COUNTY ORDINANCE NO. 015-20T9
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. 015-2019 (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 provides a definition for"offshore island"under Chapter 101 of the
Monroe County Land Development Code and amends Section 188-10 to provide specific criteria
that applies to all structures developed,used or occupied on offshore islands.
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.
1
Final Order No. DEO-19-029
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 Policies
101.6.1 and 101.6.2.
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.
(e) Limiting the adverse impacts of development on the quality of water
throughout the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare
in the event of a natural or manmade disaster and for a postdisaster
reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.015-2019 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-19-029
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.
J es D. Stansbury, Chief
ureau of Community Planning and Growth
epartment of Economic Opportunity
3
Final Order No. DEO-19-029
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-19-029
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 "M\ day of Sn , 2019.
• DDLLe- D
Agen• —Jerk
Depart nt of Economic Opportunity
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
5