Ordinance 042-2019 w �l,
2
3
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO.042-2019
10
I I AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS L Ii CIF COUNTY
13 CODE L SECTION 130-157, MAXIMUM PERMANENT
14 RESIDENTIAL L SI'T ND MINIMUM REQUI OPEN
15 SPACE,E, TO ADDRESS DENSITY ISSUES ON PARCELS OF LAN
16 WITHIN THE IMPROVED SUBDIVISION (IS) ZONING DISTRICT
17 THAT T T" PLATTED LOTS; PROVIDING FOR
1 SL` 'L ILI'TY; PROVIDING FOR REPEAL L OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
20 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
21 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
Y
22 CODE; PROVIDING FOR EFFECTIVE T I DATE.
23
24
25 WHEREAS, the BOCC directed staff on August 15, 2018 at a regularly scheduled
26 meeting, to amend LDC Section 130-157 to address density issues our parcels of]..and within the
27 Improved Subdivision (IS) zoning district and Residential Medium (R 1) Future Land Use Map'
28 category that are not platted lots; and
29
30 WHEREAS, the Monroe County Development Review Committee (DRQ considered the
31 proposed amendments at a regularly scheduled meeting held on the I Ph 'day of December, 201 ;
32 and.
33
34 WHEREAS, on December 11, 2018, the Monroe County Development Review
35 Committee (DRQ reviewed the proposed amendment; and
36
37 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
38 Comprehensive flan, as directed by the BOCC on August 15, 2015, to amend LDC Section 130-
39 1.57 to address density issues on parcels of land within the Improved Subdivision (IS) zoning
40 district and Residential Medium(Rl'vIi) Future Land Use Map category that are not platted lots, and.
41
42 WHEREAS, the Monroe County planning Commission held a public hearing on February
43 27, 2019, for review and recommendation on the proposed amendment; and
44
Card 042 -2019 page 1 of 7
File 2015-1.97
I WHEREAS, based on discussion and public input at the hearing, the PC recommended
2 the selection of Option A (which would not require use of a TDR) as presented in the staff report
3 dated February 12, 2019, with the following changes:
4 1. Edit (n) 1) as follows:
5 The parcel boundaries must haiye been established in their current configuration prior
6 to September 15,1986, except for de minimis changes (no more than 10% of the
7 parcel's ffp1&nd area) to the parcel boundaries made rafter September 15, 1986, but
8 prior to Jff"..August 12, 1992, which did not create another buildable parcel-�-&Heh
9 e Counlv Pf-opert-y Reeo4*,;
10 and
11
12 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P16-19
13 recommending to the BOCC approval with changes, as discussed during the Planning Commission
14 hearing, of the proposed amendment; and
15
16 WHEREAS, at a regularly scheduled meeting held on the 16'�' day of October, 2019, the
17 BOCCE held a public hearing, considered the staff report, and provided for public comment and
18 public participation in accordance with the requirements of state law and the procedures adopted
19 for public participation in the planning process; and
20
21 WHEREAS, based upon the documentation submitted and information provided. in the
22 accompanying staff report, the .BOCC makes the following Conclusions of Law:
23
24 1,. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 Monroe County Year 2030 Comprehensive Plan; and
26 1 The proposed amendment is consistent with the Principles for Guiding Development
27 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
28 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute, and
29 4. The proposed amendment is necessary due to data errors, as required by Section 102-
30 158 of the Monroe County Code.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. The Monroe County Land Development Code is hereby amended as follows
36 (Deletions are shown ken I'l-ir-eugh.; additions are shown underlined):
37
38
39
40 Sec. 130-157. Maximum permanent residential density and minimum required open
41 space.
42 The maximum permanent residential density for those uses permitted by this chapter and
43 minimum required open space shall be in accordance with the following table:
Ord_042_-2019 Page 2 of 7
File 2018-197
............... ..................
Maximum Permanent Residential Density
and Minimum Open Space
Allocated Density(a)(11)) Maximum Net Minimum
Land Use District DU/Gross Acre of Density(a)(b)(C) Open
Upland DU/Buildable Acre Space
RatioW)
Airport (AD) 0 NYA 0.20
——-----------------------------—-------------------------------------------- ...............................................
Commercial I (CI) 0 N/A 0,20
--------------
Corninercial 2 (C2) 0 N/A 0.20
.................................. .....................
CorTirriercial. Fishing Area 3 121c) 020;
(C F)"
..............................
Con-unercial Fishing C1 SD-20: I":') CFSD-20- N/A 0,20,
SL) cial D�is,trict (CFSD) Other CFSDs: 3 Other CFSDs: 12"
—— ------------------------------- ---------------------------------- ...............................
Cornmercial Fishing T I/lot N r/A 0.20
a FV)(C
" ------------------ .............
Conservation (CD) 0 N/A 0.90
......................
f3estination Resort (DR) Lo 18.ole) 0.20
............................ .............
InSe ... 1�-l.o�t,or —1191
0 0.20IiprovdSubdivision 14P - /?tqu�-=1... ......................
Improved Subdivision - 2/lot 0 0.20
_.Qyplex (IS-Di
------------............................ .........................................
Industrial (1) 1.(1 2.0 0.20
............ ................-
Mainland Native Area 0,01 N/A 0.991h)
(MM-1-1--1-11— - ------........................
Maritirne Industries (Ml)(�) Lo 2,01') 020
...........
Military Facilities (MF) 6.0 12.0 0.20
......................... .................. ........... ...............
Mixed Use (MU) Lo 12,0�(c) OJ.20
Native Area (NA) 0,25 N/A 0.95 Id)
Offshore Island (OS) 0�1 N/A 01�9�5
Park and Refuge (PR) 0 N/A 01.90
.................—........... .............. .............................
Preservation (P) 0 N/A 1.00
.......... ............... ................. .............. ................-
ecreat onal Vehicle (RV) 00) N/A 0,20
Sparsely Se:ttled 0,5 N/A OX)
Residential (SS)
.. ...........— —1--------
Ord 042-2019 Page 3 of 7
File 2018-197
Suburban Commercial (SQ 3 O TDRs. 6,0') 0.20
Affordable: I 8.0(e)
......................................___........................... ................... ..............
Suburban Residential (SR) O 5 5O O.50
Suburban Residential 0,5 3,0 0,50
(Lirnited') (SR-L)
Urban Commercial (UQ li 6,0 110(e) 0.20
.............. ............... ....................
Urban Residential (UR) 6,0 TDRs: 12.0 01.20
Affordable: 25.0
............... .............................---__---_---
Urban Residential--Mobile l/lot N/A 01.20
Home ('LJR.M):
................... —--------
Mobile: Home Parks per 5 O 7.0 UO
Section 101-1
[Jrban Residential Mobile
bleat N/A O,20
Horne.-IJinited (LJRM-L)
------------...........
(a) 'I he, allocated densities for Submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the maximurn net density bonuses shall not be available.
(b) Vessels, including live-aboard vessels or associated wet slips, are not considered dwelling
units and do not count when calculating density.
(c) Maximum Net. Densi ty is [lie maximuni density allowable with the use ot'the TDRs, or for
qualifying affordable housing development. TDRs can be utilized to attain the, density
between the allocated density standard Lip to the maximurn, net density standard, Deed
restricted affordable dwelling units may be built up to the maximum net density without
the use ol'TDRs. "N/A"' means thtt maxim urn net density bonuses shall, not be available.
Buildable acres means the portion of a parcel of land that is developable and is not required
open space.
(d) Additional open space requirements may apply based on environmental protection criteria -
see additional open space ratios in Chapter, 11.8. In accordance Nvith section 101-2(l), the
most restrictive of these ratios applies.
(e) For properties consisting of harnmocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the
maximum net density bonuses shall not be available.
(f) Per Policy 101.5.25, the allocated density for the CFSD-20 land use district (uttie 'Porch
Key) shall be I dwelling unit per acre, or I dwelling unit per parcel for those parcels
existing as of September 151, 1986, whichever is less, and the maxinlUni net density
bonuses shall not be available. Residential density shall be allowed in addition to the
permitted nonresidential uses and intensity (Le- density and intensity shall not be counted
Cumulatively),
Within the IS zoning district, the allocated density shall be I dwelling unit p,r parcel for
parcels that meet all of the: followit conditions:
1) The parcel boundaries must have been established in then,current configuLation
I
rior to September 15,1986, except. f(.')r de minimis chan es (DnSo more that) locyo of the
. .......... ........ -------
Ord_0,42_-2019 Page 4 of 7
File 2,018-197
.....................----------
varcel's area) to the parcel boundaries made after September 15, 1986 but prior to
AUgUSt 12, 1992, which did not create another builLIableparcel,
2) The applicant must .rovide sufficient evidence that the parcel bOUndaries were
established before September 15, 1986, (such as one or more ofthe followima: boundary
survey, deed, etc.');
3' The parcel may not be identified for any other use or purpose on a
14cominon area," etc.j-
4) The subject parcel may.not be a fractional portion of a platted lot,
5) Thesubieg�c parcel tml St have a mini RIL1111 of 2,000 sf of'u ol and that is not reserved
as an access easement or design
ated DUrpose other than residential use;
6)_The parcel must have aTier designation of Tier 111;
7) The subject parcel must include all infrastructure (potable water ade
wastewater treatment and disposal wastewater meeting ado pted .L.OS, etc, exce,t aved
roads) and
8) 'rhe subiect Pat-eel inust, comply with Policy 3101.2.5 of the (..,ojUj Irchensive Plan
rgprding legal access.
The inininturn open space ratio for the, MN zoning district is 0.99 for permanent residential
uses. For campground and nonresidential uses within the MN zoning district, the minimum
open space ratio is 0.95, as shown in the density and intensity tables in Sections 130-162
and 130-164.
(i) A mixture of uses shall be inaintained 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 rnininIUM of 35% of the upland area of the property, ad.jacent to the
shoreline, pursuant to Policy 10 1.5,6 of the Comprehensive Plan,
(j) Per Section 130-92(a)(4 in the RV zoning district, commercial apartrnents shall be the
only perniatient residential use allowed, not to exceed 10% of total RV spaces allowed or
in existence on the site, whichever is less.
Within the SIR zoning district, the maxiinurn net density for platted lots shall be I dwelling
unit per platted lot, provided all of the following conditions are 1-net:
I) The parcel must. be one full platted lot shown on a plat approved by the Courity and duly
recorded prior to January 2, 199,6;
2) The platted lot may not be identified for any other use or purpose on the plat (e.g,,
"park," "common area," eta,,,).
3) The platted lot must have a Tier designation of Tier 111;
4) Notwithstanding Section 130460, the, maximurn net density may only be reached with
the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot and the
allocated density assigned to it:
51) The TDR must meet all requirements and procedures, specified in Section 130-160;
6) TDRs under this provision may not be transferred into noise zones of"65 DNL or greater;
and
71) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan
regarding legal access,
..................................... ........... .............. ........................... ................................
Ord -2019 Page 5 of 7
File 2018-197
1
2 Section 2. SeXtKghi!jj . lf any section, paragraph, subdivision, clause, sentence or
3 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
4 such Judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
5 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
6 provision immediately involved in the controversy in which such judgment or decree shall be
7 rendered.
8
9 Section 3. Copflicting Provisions, All ordinances or parts of ordinances in conflict with
10 this ordinance are hereby repealed to the extent.of said conflict.
11
12 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
13 Planning Agency as required by F.S. 380,05 (11) and RS. 380.0552(9).
14
15 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
16 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
17 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
18 approving the ordinance, and if the final order is challenged, until the challenge to the order is
19 resolved pursuant to F.S. Chapter 120.
20
21 Section 6. Inclusion in the Monroe C2gn11_Code._The provisions of this Ordinance shall
22 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
23 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
24 marking system of the Code.
25
26 Section 7. Effective Date. This ordinance shall become effective contingent oil
27 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive
28 Plan and as provided by law and stated above
29
30
31
32
33
34
35 THIS SPACE INTENTIONALLY LEFT BLANK
36
37 SIGNATURES ON FOLLOWING PAGE
38
39
40
41
42
43
44
45
Ord_042_-2019 Page 6 of 7
File 2018-197
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Ord-Ga-2019 Page 7 of 7
File 2018-197
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KI"',YV%%°'FST
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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
legalskeysnews tern
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account 138694 Ticke
MONROE COUNTY BOARD OF COUNTY
STATE OF FLORIDA COMMISSIONERS
COUNTY OF MONROE NOTICE OF PUBLIC MEETING AND
Bef re the undersi d authority personally appeared NOTICE OF PUBLIC HEARING
who on oath: NOTICE OF CHANGE TO MONROE
of the Key We COUNTY COMPREHENSIVE PLAN
newspaper ofadve tism in Key est in Monroe County, of NOTICE OF CHANGE TO THE MONROE
copy of advertisment,being egal notice In the matter of
newspaper in the issues of COUNTY LAND DEVELOPMENT CODE
Sunday,September29,2019 ✓' NOTICE OF CHANGE TO MONROE
Affiant further says that the Key West Citizen is a newspap COUNTY TIER OVERLAY DISTRICT MAP
West; in said Monroe County„Florida and that the said nev
fore been continuously published in said Monroe County, F October 16 2019
has been entered as periodicals matter at the post office in
Monroe County„Florida,,,for a period of 1 year next precedi
r,�f the atlarhed,copy of advertisement; and affiant further si NOTICE IS HEREBY GIVEN that on the Mm;:,nroe County Board of County
neither paid nor promised any person, firm or corporation a Commmionera will hold a Public Meeting at the Marathon Govemment Center,2798 Overseas Highway,
FL 3305d to review and meive public comment for the following Rems.
rommisslon or refund for the purpose of sec0ng this adve
tion in the sand new, pUBUC HEARINGS:Im PM(or as soon thereafter as may be heard):
RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-
(Sognature of Affiant) WAY OF OLD STATE ROAD 4A AND ALL OF THE RIGHTnOF-WAY OF LOOP ROAD LYING WITHIN SECTION
" 31,TOWNSHIP 88 SOUTH,RANGE 28 FAST,GOVERNMENT LOT 6; SECTION 6 TOWNSHIP 67 SOUTH,
A ed d s s bed before me this 30th day of Septerr RANGE 28 FAST GOVERNMENT LOTS 3,2,AND 7; SECTION 7 TOWNSHIP 67 SOUTH,RANGE 28 EAST,
GOVERNMENT LOTS 2 AND 4;SECTION 12,TOWNSHIP 67 SOUTH,RANGE 27 FAST GOVERNMENT
LOTS 6 AND 7;ALSO A,50 FOOT STRIP KNOWN AS LOOP ROAD,LYING IN SUGARLOAF KEY,SECTION
12,TOWNSHIP B7 SOUTH,RANGE 27 EAST,GOVERNMENT LOTS 1,2,3,5,AND 7,SECTION 11,TOWNSHIP
INOta y ubllr:§gnatu i 67 SOUTH,RANGE 27 EAST.(FILE#2019-119)
AN ORDINANQE BY THE moNRO: COUNTY WARD OF COUNTY, CQMMtMONER AMENDING
POLICY 101.5.25 OF THE',RIN IC MONROE COUNTY COMPREHEN$IVE PLAN TO ADDRESS DENSITY
(Rotary Pu tic Printed Name) (h ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM (RMy FUTURE LAND USE MAP
CATEGORY AND THE IMPROVED SUBDIVISION(15 ZONING DISTRICT THAT ARE NOT PLATTED LOTS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING
My odmmiss�an expires ��� 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 2018-195)
ef50nail. Known.. Produced Identification— REQUIRED OPEN SPACE,TO ADDRESS i,MUM PERMANENT RESI AMENDING i
y per.-p,
MONROE COUNTY CODE SECTION 130-157 MAx DIlmNT1AL DENSITY AND
Type of Identikation Produced MINIMUMDENSITY ISSUES ON PARCELS OF LAND WITHIN
THE IMPROVED SUBDIVISION(IS)ZONING DISTRICT THAT ARE NOT PLATTED LOTS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFL.ICT!iNG PROVISIONS:PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STAU E;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-197)
AMENDING
POLICY 101.5.29 OF THE MONROE COUNTY 20 CMPREHEN'SIVE PLAN TO ALLOW EXISTING
LAWFULLY ESTABLISHED RESIDENTIAL DWELLING WhS, OTHER THAN MOBILE HOMES, TO BE
CONSIDERED CONFORMING USES REGARDLESS OF FUTURE @...AND USE DISTRICT; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PpOVIDING 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 201 B-
20 9)
AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-163,EXISTING RESIDENTIAL DWELLING
UNITS AND TRANSIENT UNITS,TO ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING
UNITS,OTHER OTHERTHAN MOBILE HOMES,TO BE CONSIDERED CONFORMING USES REGARDLESS OF 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 DE;PROVIDING FOR
AN EFFECTIVE DATE.(FILE 2018-210)
POLICY 101 .4OF THE12030 MONROE COU YI dW RE
COMPREHENSIVE PLAN TO AMENDING
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 REP 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)
AN on ENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 102-57(ex2)c 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
SIEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRANSMITTAL
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
2019-021)
l
THE
K40NROE COUNTY TIER OVERLAY DISTRICT P FROM TIER t TO TIER III AS REQUESTED BY RAFAEL
AND GLORIA GONZALEZ FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 15
LARGO HI-LANDS,PLAT BOOK 4 PAGE 89,KEY LARGO.HAVINGREAL ESTATE NO. 1 -000 0;
PROVIDING FOR SEVE I °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 ;PROVIDING FOR AN EFFECTIVE
DATE.
�i (FILE#2019-071)See Map 1 Below MAR I
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Copies of the shove are available at the Monroe County Planning Department offices in Marathon and Key
Largo during nomnal business hours and online at:
Pursuant to SocVon 286.0105 Plordde Statutes,if a person docidas to qDped any i1ecksion of the Board of
County Commissioners,with rasped to any matter consideradat therneating or &V.he::Prshewill nooda
record of the proceedings,and that,foe-such purpose,he or she may need to in:surs a verbatim record of the
proceedings is made,which record includes the testimony&evidence upon which the appeal ds to be based.
ADA ASSISTANCE.N you are s person with a dbablilly who needs special accommodations In order
to partk4mte In this proceeding,please contact the County Administrator's ,by Phoning
T,between the hours o1 ELM a.m.-&W p.m.,no later than )calendar days prior to the
u!ed meeting,Ifyou ono hearing ! !!1711."
.:w�Ma� m.IN„�kp C!� IICim� &d"IYkIIT�pII
IL
A� teyi n Madok, CPA
Y � � Clerk of the Circuit Court& Comptroller—Moniroe County,, Florid
October 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. 042-2019 amending Monroe County
Code Section 130-157, maximum permanent residential density and minimum required open
space, to address density issues on parcels of land within the Improved Subdivision (IS) Zoning
district that are not platted lots;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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on October 16, 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 PLANTAflON KEY PK /RO,TH BUILDING
5010 Whitehead Street 3117 Overseas IHlighwvay 66620,Overseas Highway 50 bHligh,Point Road
KeyWest,Floridla 33040, Marathon,Florida 33050 Plantation Key,Florida 330,70, Plantation Key,Ftorida 33070
3015-2'94-46411 305-2301-60,27 3015-652-71145 305-652-71145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
October 31, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam 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. 042-2019, which was filed in this office on October 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-20-003
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
o
In re: A LAND DEVELOPMENT REGULATION
w
ADOPTED BY MONROE COUNTY, FLORIDA
t-; J o
ORDINANCE NO. 042-2019
rn
- O (�
N CD
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 042-2019
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. 042-2019 (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 October 16, 2019, and
rendered to the Department on December 10, 2019.
3. The Ordinance amends Section 130-157 of the Land Development Code(LDC):
In addition to the existing density of one dwelling unit per lot,the Ordinance modifies the
allocated density in the Improved Subdivision(IS) zoning district to allow one dwelling unit per
parcel that meets eight of the newly established conditions created therein. This was done to
address density issues on parcels of land within the IS zoning district that are not platted lots.
Final'Order No.DEO-20-003
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.
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
101.1 and 101.3, and Policies 101.5.25 and 301.2.5.
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. .
Final Order No. DEO-20-003
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
economic development.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 042-2019 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.
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, Bureau Chief
reau of Community Planning and Growth
epartment of Economic Opportunity
Final Order No. DEO-20-003 •
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.MYF LORIDA.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.
Final Order No. DEO-20-003
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 thisy l day of February 2020.
AltClerk
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