Ordinance 025-2019 Exhibit 3
1 •
2
3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO.025-2019
5
6
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
9 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017,
10 EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018 AND FOR AN
11 ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF
12 NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
13 TREATMENT CENTERS DISPENSING FACILITIES COMMENCING OCTOBER 27,
14 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
15 DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING
16 MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES AND
17 PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF
18 THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
19 PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
20 WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING
21 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
22 SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-061)
23
24
25
26 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes,
27 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and
28 welfare of the County's citizens; and
29
30 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
31 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47-2017 directing the Monroe
32 County Planning and Environmental Resources Department to process an Ordinance to impose a
33 temporary moratorium upon the acceptance and processing of new applications for the establishment of
34 medical marijuana treatment center dispensing facilities; and
35
36 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19th
File 2019-061 Page 1 of 4
Exhibit 3
1 day of July, 2017 in Marathon, Florida adopted Ordinance 010-2017 imposing a temporary moratorium
2 upon the acceptance and processing of new applications for the establishment of medical marijuana
3 treatment center dispensing facilities; and
4
5 WHEREAS, at a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC
6 adopted interim development Ordinance 019-2018 extending for an additional 365 days; and
7
8 WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
9 interest of its residents,businesses and visitors to enact sufficient zoning regulations to ensure their health,
10 safety and welfare; and
11
12 WHEREAS, medical marijuana treatment center dispensing facilities are a new and unique use
13 which is not currently addressed by the County Land Development Code or the Comprehensive Plan; and
14
15 WHEREAS, Florida Statute Section 381.986(11) provides specific rules about the level of
16 regulation a local government may or may not impose on medical marijuana treatment center dispensing
17 facilities; and
18
19 WHEREAS, an extension to the temporary moratorium is necessary to review,study, hold public
20 hearings, and prepare and adopt an amendment or amendments to the Land Development Code and the
21 Comprehensive Plan to regulate medical marijuana treatment center dispensing facilities; and
22
23 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
24 of Monroe County.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
27 OF MONROE COUNTY:
28
29 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
30
31 SECTION 2: Purpose. The Purpose of this ordinance is to preserve the status quo and enable
32 sufficient time for the County to review, study, hold public hearings, prepare and adopt provisions to the
33 Land Development Code and/or Comprehensive Plan, relating to the appropriate locations for medical
34 marijuana treatment center dispensing facilities, if any.
35
36 SECTION 3. Zoning in Progress. Monroe County hereby recognizes that County staff intends
37 to study and prepare regulations that would result in the regulation of medical marijuana treatment center
38 dispensing facilities. These regulations, if adopted, will amend the County Land Development Code
39 and/or the Comprehensive Plan. All affected property and business owners are placed on notice with
40 respect to these pending regulations and the action being taken by the appropriate departments within the
File 2019-061 Page 2 of 4
Exhibit 3
1 County.
2
3 SECTION 4: Moratorium.
4 A. For a period of 365 days from the effective date of this Ordinance, the County shall not accept,
5 process or take any action on any application for a development permit, development order or
6 take any other official action which would have the effect of allowing or permitting the
7 development of medical marijuana treatment center dispensing facilities, except as provided
8 in this ordinance. Should the County adopt Amendments to the Land Development Code and
9 Comprehensive Plan prior to the 365 days' time, said application for medical marijuana
10 treatment center dispensing facilities shall be accepted upon the effective date of any such
11 amendments.
12 B. This Ordinance shall not restrict, prohibit or otherwise prevent a property owner from the
13 reasonable use of their land or from developing their land in accordance with the
14 Comprehensive Plan.
15 C. The adoption of this Ordinance is undertaken by the County in good faith and is intended to
16 further the goals of the Monroe County Comprehensive Plan and Chapter 163,Florida Statutes.
17 D. The limited duration of this moratorium has been established to accomplish the appropriate
18 study, planning and analysis for future development through the Monroe County
19 Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes,
20 and the Comprehensive Plan.
21 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance:
22 A. Pursuant to Section 381.986 (1)(f), Florida Statutes, "Marijuana" means all parts of any plant of
23 the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part
24 of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
25 plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical
26 marijuana treatment center for medical use by a qualified patient.
27 B. Pursuant Section 381.986(1)(e),Florida Statutes. "Low-THC cannabis"means a plant of the genus
28 Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more
29 than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any
30 part of such plant; or any compound, manufacture, salt, derivative,mixture, or preparation of such
31 plant or its seeds or resin that is dispensed from a medical marijuana treatment center.
32 C. Medical Marijuana Treatment Center Dispensing Facility as established under Section 381.986(8),
33 Florida Statutes.
34 SECTION 6: Vested Rights.
35 A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a
36 property owner to complete development where the property owner demonstrates each of the
37 following: .
File 2019-061 Page 3 of 4
Exhibit 3
1 1. A government act of development approval was obtained prior to the effective date of
2 this Ordinance; and
3 2. The property owner has detrimentally relied, in good faith, on the governmental
4 approval by making substantial change in position or incurring extensive obligation
5 and expanses; and
6 3. It would be highly inequitable to deny the property owner the right to complete the
7 development.
8 B. Any property owner claiming to have vested rights must seek a determination from the
9 Planning Official pursuant to the procedures in the Land Development Code thirty (30) days
10 after the effective date of this Ordinance.
11 SECTION 7: Applicability. This Ordinance shall be applicable in the unincorporated areas of
12 Monroe County.
13
14 SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or provision of
15 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
16 such holding shall not be construed to render the remaining provisions of this ordinance invalid or
17 unconstitutional.
18
19 SECTION 9: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
20 filing with the Florida Department of State.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
23 regular meeting of the Board held on the t 7th day of July , 2019.
24
25
26 Mayor Sylvia J. Murphy, District 5 Yes o
27 Mayor Pro Tem Danny L. Kolhage, District 1 Yes zf
28 Michelle Coldiron, District 2 Yes 4 o
29 Heather Carruthers, District 3 Yes `' IV m
30 David Rice, District 4 Yes ,=`" r
"17 70
31 `'-s Zt n
32 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
33 OF MONRO; OU , FLORIDA o TA.44-----il �'
34
35 Deputy Clerk By:
36 ; M. or S via J. Murph
I
1 MON t COUNTY A
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File 2019-061 Page 4 of 4
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KEY' WEST
ILN4 ITIZEN
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
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 301032.,.;.,
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [Iegal.teXt]
B f e e undersigned a ority personally appeared
,who on oath says that he or she is
of the Key West Citizen, a daily
newspaper published' Key W , in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,June 30,2019
Affiant further says that the Key West Citizen is a newspaper published in Key
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
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,
commission or refund for the purpose of securing this advertisement for publica-
tion in t id wspape.
(Signature of Affiant)
A m d d su sc' d before me this 30th day of June 2019
( of ublic atu e)
(Notary P blic Printed Name) (Notary Seal)
My commission expires 6'.27p2�
Personally Known X Produced Identification
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Type of Identification Produced •• •� Sta
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EXPIRES:
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Bonded nuts Aaron Notary
MONROE COUNTY BOARD OF COUNTY,
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAP
NOTICE OF AMENDMENT TO THE
MONROE COUNTY
LAND USE DISTRICT (ZONING) MAP
NOTICE OF CHANGE TO
COMPREHENSIVE PLAN
NOTICE OF CHANGE TO LAND
DEVELOPMENT REGULATIONS
July 17, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, July 19, 2019, the Monroe County Board of County
Commissioners will hold a Public Meeting at the Marathon Government Center,2798 Overseas Highway,
Marathon,Monroe County,Florida,to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 139-1, AFFORDABLE AND EMPLOYEE
HOUSING; ADMINISTRATION, TO SPECIFY THAT WHEN CALCULATING DENSITY, AFFORDABLE
HOUSING DENSITY SHALL BE EXCLUDED FROM CALCULATIONS OF CUMULATIVE HOTEL/MOTEL
DENSITY ON A PARCEL(OPERATING AS A DENSITY BONUS FOR THE DEVELOPMENT OF AFFORDABLE/
' EMPLOYEE HOUSING ON PROPERTIES WITH A HOTEL/MOTEL); AS PROPOSED BY LONGSTOCK
II, LLC; 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 2017-075)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 15,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136970-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
TRUST; PROVIDINir FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
I STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE,(FILE 2018-238)See Map 1 below:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 16,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136980-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
" TRUST; 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 AMENDMENT TO THE.TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2018-238)See Map 2 below:
Map 1 Map 2 ,
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AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 010-2017 AND EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018, FOR AN
ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW APPLICATIONS FOR
THE ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING FACILITIES
COMMENCING OCTOBER 27, 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA
TREATMENT CENTERS DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF
THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-061)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 012-2017,AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT
BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS,
DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
HOUSING DWELLING UNITS),WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR
"TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM"OF A DWELLING UNIT,
AND APPLICATIONS UTILIZING THE TERM"LOCK-OUT,"COMMENCING OCTOBER 27,2019,UNTIL THE
BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE REGARDING THE DEFINITIONS OF DWELLING UNIT;HOUSEHOLD;FAMILY AND THE UNDEFINED
TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(File 2019-081)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011-2017,AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139-2(AFFORDABLE
HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO
ANOTHER LOCATION, OR SECTION 138-22(B) TO TRANSFER OFF-SITE MARKET RATE UNITS TO
ANOTHER LOCATION, COMMENCING OCTOBER 27,2019, UNTIL THE LAND DEVELOPMENT CODE
IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER
III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR
THE URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE SAME ROGO
PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS
AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT;EXCEPT TO ALLOW NEW
APPLICATIONS,OR RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED, PURSUANT
TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY CODE SECTION 139-2 (AFFORDABLE
HOUSING INCENTIVE PROGRAM) OR SECTION 138-22(B) (TRANSFER OF ROGO EXEMPTIONS) TO
TRANSFER MARKET RATE ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION(IS)OR URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE
SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT; AS RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION
WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN
THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST;
PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-082)
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."
June 29,2019 Key West Citizen
CAUR}d'l l
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
July 24, 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. 025-2019 extending an Interim
Development Ordinance as initially established on July 19, 2017 through Ordinance 010-2017,
extended 365 days through Ordinance 019-2018 and for an additional 365 days to defer the
acceptance and approval of new applications for the establishment of medical marijuana
treatment centers dispensing facilities commencing October 27, 2019, until such time as a
Comprehensive Plan and Land Development Code amendment process is completed regarding
medical marijuana treatment center dispensing facilities and providing for expiration within 365
days of the effective date of this Interim Development Ordinance or when the Comprehensive
Plan and Land Development Code amendments become effective, whichever comes first;
providing for severability; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for an effective date. (File 2019-061).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 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
July 24, 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
replacement electronic copy of Monroe County Ordinance No. 025-2019, which was filed in this office on
July 24, 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-19-038
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
CD rr
-11
In re: A LAND DEVELOPMENT REGULATION n ! N c,,�
ADOPTED BY MONROE COUNTY, FLORIDA, z,
ORDINANCE NO. 025-2019 M'
r
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 025-2019
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. 025-2019 (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 July 17, 2019, and rendered to
the Department on August 19, 2019.
3. The Ordinance provides for an additional 365-day extension to a previously
approved interim development ordinance, Ordinance 010-2017, which was approved by
Department's Final Order DEO 17-143. Ordinance 010-2017 provided for deferring the processing
of applications submitted to Monroe County for marijuana dispensing facilities until the Monroe
County Comprehensive Plan and Land Development Code have been amended to address these
facilities. Ordinance 019-2018, which was approved by Department's Final Order DEO 19-025,
previously provided a 365-day extension for Ordinance 010-2017.
1
Final Order No. DEO-19-038
CONCLUSIONS OF LAW
4. The Depaitinent 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.
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 Objective
101.5 and Policy 101.4.1.
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.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 025-2019 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-19-038
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.
es D. Stansbury, 'ef
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-19-038
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, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE DATE OF FILING
OF THE FINAL ORDER AS INDICATED ON THE CERTIFICATE OF SERVICE. 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
AGENCY.CLERK@DEO.MYFLORIDA.COM
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
DATE OF THE FILING OF THE FINAL ORDER.
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.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-19-038
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 copiesokayo
have been furnished to the
following persons by the methods indicated this \\OA day of , 2019.
kki
A n y erk
Department 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
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