Ordinance 021-2020 1S5
6
7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. 021 -2020
11
12 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
14 LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(B)(4) TO
15 ELIMINATE THE ABILITY FOR A MANUFACTURED/MOBILE HOME TO
16 BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION AND
17 SECTION 130-53 TO AMEND THE PURPOSE OF THE URBAN RESIDENTIAL
18 MOBILE HOME—LIMITED DISTRICT (URM-L) TO ELIMINATE
19 PROVISION THAT PROVIDES FOR A MANUFACTURED/MOBILE HOME TO
20 BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION AND
21 SECTION 130-100 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT
22 USE WITHIN THE URBAN RESIDENTIAL MOBILE HOME—LIMITED
23 DISTRICT (URM-L); PROVIDING FOR SEVERABILITY; PROVIDING FOR
24 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
26 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
27 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT
28 CODE; PROVIDING FOR AN EFFECTIVE DATE.
29
30
31 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
32 Statutes, Mowoe County possesses the police powers to enact ordinances in order to protect the health,
33 safety, and welfare of the County's citizens; and
34
35 WHEREAS, on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a
36 Categor0' 4 Hurricane with maximum sustained winds of 130 mph. Hurricane Irma caused significant
37 damage throughout the Florida Keys, particularly to structures built prior to the upgraded Florida
38 Building Code adopted after Hurricane Andrew, to non-elevated structures and to mobile homes; and
39
40 WHEREAS, Monroe County Floodplain regulations allow for the substantial improvement and
41 replacement of manufactured/mobile homes in URM-L zoned manufactured/mobile home parks to be
42 placed at 36 inches above grade, if the unit meets the criteria of Section 122-4(b)(4), regardless of flood
43 risk; and
44
45 WHEREAS; placing manufactured/mobile homes at 36 inches, the manufactured/mobile home
46 may not be protected to the level of the base flood elevation (BFE), which can make the home
47 susceptible to being inundated by floodwaters and damaged by floating debris; and
48
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1 WHEREAS; the elevation requirements of manufactured/mobile home should be reviewed in
2 light of the impacts of Hurricane Irma and the County's better understanding of the flood risks
3 associated with structures below BFE and the County's ongoing resiliency efforts; and
4
5 WHEREAS; amending the Land Development Code to eliminate the ability for a
6 manufactured/mobile home to be placed at an elevation below base flood elevation (BFE) within the
7 URM-L zoning district, may allow the County to qualify for the CRS Class 4 rating, increasing premium
8 discounts for structures in the unincorporated SFHA from 25%to 30%,which would equate to a savings
9 of approximately $6,376,373 per year, from the current discount of approximately $5,317,202 per year;
10 and
11
12 WHEREAS; removing the elevation exception for a manufactured/mobile homes within the
13 URM-L zoning district will provide additional protection to residents that reside in manufactured/mobile
14 homes in flood hazard areas, reduce the repeated impacts by flooding, and enhance public health, safety
15 and welfare; and
16
17 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
18 considered the proposed amendments at a regularly scheduled meeting held on the February 25, 2020;
19 and
20
21 WHEREAS, at a regularly scheduled meeting held on May 27, 2020, the Monroe County
22 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
23 provided for public comment; and
24
25 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P11-20
26 recommending approval for the proposed amendment; and
27
28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use
31 and development; and
32
33 WHEREAS, at a regularly scheduled meeting held on the June 17, 2020, the Monroe County
34 Board of County Commissioners held the first public hearing, considered the staff report, and provided
35 for public comment and public participation in accordance with the requirements of state law and the
36 procedures adopted for public participation in the planning process; and
37
38 WHEREAS, at a regularly scheduled meeting held on the July 15, 2020, the Monroe County
39 Board of County Commissioners held the second public hearing, considered the staff report, and
40 provided for public comment and public participation in accordance with the requirements of state law
41 and the procedures adopted for public participation in the planning process; and
42
43 WHEREAS, based upon the documentation submitted and information provided in the
44 accompanying staff report, the Monroe County Board of County Commissioners makes the following
45 Conclusions of Law:
46 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
47 County Year 2030 Comprehensive Plan; and
Ordinance No. 021 _2020 Page 2 of 5
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1 2. The proposed amendment is consistent with the Principles for Guiding Development for the
2 Florida Keys Area of Critical State Concern, Sec. 380.0552(7),F.S.; and
3 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
4 4. The proposed amendment is necessary due to new issues and the need for additional detail or
5 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
8 OF MONROE COUNTY,FLORIDA:
9
10 Section 1. The Monroe County Land Development Code is hereby amended as follows:
11
Proposed Amendment deletions are stneken-through; additions are shown in underlined .
12
13 Sec. 122-4.- Standards for Issuance of Building Permits in Areas of Special Flood Hazard.
14 (a) Generally. No building permit for proposed construction or development activity within an area of
15 special flood hazard shall be granted, by the Building Official or the floodplain administrator,
16 unless the proposed new construction is in compliance with the standards set forth in this chapter. In
17 all areas of special flood hazard,the following standards apply:
18 * *
19 (b) Additional standards. In all areas of special flood hazard where base flood elevation data has been
20 provided the following provisions are required:
21 (4)Manufactured homes.
22 a. Effective June 1, 1977, no manufactured home not already in place shall be placed within
23 __ _areas of special flood hazard except in an existing manufactured home park or subdivision,
24 as hereafter defined. Require that manufactured homes to be placed or substantially
25 improved on sites in an existing manufactured home park or subdivision within Zones A-1-
26 30.AH,AE,V and VE on the community's FIRM shall be elevated such that the lowest floor
27 and mechanical equipment is at or above the elevation required, as applicable to the flood
28 hazard area, in the Florida Building Code. Residential Section R322.2 (Zone A) or Section
29 R322.3 (Zone V).
30
31
32 b
33 .
34 1. Th lot ..hieh the m _uf ct.red home o be _lueed ... located
35
36
37
20
39
40
41
42 useel-if-the4erof-the-flftished-fleer-ef-thfrinenufeeftwe*I-heme-of-the-bettem-ef-the-beam
43
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46 .
Ordinance No.021 -2020 Page 3 of 5
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2 * * *
3
4 Sec. 130-53.- Purpose of the Urban Residential Mobile Home—Limited District(URM-L).
5 The purpose of the URM-L district is to recognize the existence of parks and subdivisions which
6 consist exclusively,or almost exclusively,of mobile homes,but not to create new such areas;,in order
7
8
9
10 * * * *
11
12 Sec. 130-100.-Urban Residential Mobile Home—Limited District(URM-L).
13 (a) The following uses are permitted as of right in the Urban Residential Mobile Home-Limited
14 district:
15 (1)Mobile homes;
16 (2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park
17 models' as defined in F.S. 320.01;
18 (3)Detached dwellings
19 f 4)Home occupations—Special use permit required;
20 (14)Accessory uses;
21 01-) Tourist housing uses, including vacation rental uses, are prohibited except in gated
22 communities that have:
23 a. Controlled access; and
24 b. A homeowners or property owner's association that expressly regulates or manages
25 - vacation rental uses;
26 (76)Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
27 (r) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
28 section 146-5(0; and
29 (98) Wastewater nutrient reduction cluster systems that serve less than ten residences.
30 (b) The following uses are permitted as minor conditional uses in the urban Residential mobile
31 home—limited district, subject to the standards and procedures set forth in chapter 110, article
32 III:
33 (1)Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
34 (2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
35 and
36 (3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
37 pursuant to section 146-5(f).
38
-39 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
40 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
41 shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall
42 be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved
43 in the controversy in which such judgment or decree shall be rendered.
44
45 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
46 ordinance are hereby repealed to the extent of said conflict.
47
Ordinance No. 021 -2020 Page 4 of 5
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I Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
2 Agency as required by F.S. 380.05 (11)and F.S. 380.0552(9).
3
4 Section 5. Edina. This ordinance shall be filed in the Office of the Secretary of the State of
5 Florida but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
6 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
7 ordinance, and if the final order is challenged,until the challenge to the order is resolved pursuant to F.S.
8 Chapter 120.
9
10 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
11 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
12 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
13 the Code.
14
15 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
16 above.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
19 at a regular meeting held on the 15th day of July, 2020.
20
21 Mayor Heather Carruthers Yes
22 Mayor Pro Tern Michelle Coldiron Yes
23 Commissioner Craig Cates Yes
24 Commissioner David Rice Yes
25 Commissioner Sylvia Murphy Yes
26
27
28 ,,{{ BOARD OF COUNTY COMMISSIONERS
390 // ^C OF MONROE CO Y LORIDA
�1 31 BY
32j MAYOR E R CARRUTHERS
33 SUL�-
34y` y
35 _ c.. ' "1
36 ATTFESY_ ICEV MADO , CLERK :
37 �;
38 AS DEPUTY CLERK m m
39 _ ,� c
40 J
0
Ordinance No. 021-2020 Page 5 of 5
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iarri2ET
N
The Florida Keys Only Daily Newspaper,Est. 1876
Po Box 1900,Key West FL 33041
F:(305)292-7777 ext 219 F(305)295-8025
HgalsekeysneWE.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
•
Account: 138694 Ticket: 347886
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
M I C{{4 E:j__ L(;(IJ IS who on oath says that he or she is
got/)/t y0e of the Key West Citizen,a daily
newspaper vublisbred in Key West,in Monroe County,Florida,that the attached
copy of adverbsment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,June 28,2020
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,bra 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 urpose of securing this advertisement for publica-
tion' he sai a pa r
(Signature of Affiant)
-• :nds .• before me this 29th day of June 2020
I it /� air /-...
( b jj -ubMgnatu
(Notary Plic Printed Name) (Notary Seal)
My commission expires ft;J�9)-- xx1t��gg�y��'���
Personally Known X Produced Identification s. mic_ Sueynn Stamper
bd Type of Identification Produced . 'T*air':COMMISSIONS COMMISSION=G6232802
oe WIRES:June 27,2022
Bonded 1Mf Aaron Notary
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY LAND DEVELOPMENT CODE
July 15, 2020
Pursuant to Executive Order No.20-69, Monroe County Emergency Directive 20-06,and Center for Disease
Control("CDC)social distancing guidelines established to contain the spread of the COVID-19 virus,the July
15,2020 meeting of the Board of County Commissioners will be conducted via Communication Media
Technology("CMT")wsing a Zoom Webinar platform.Please note that if Executive Order 20-69,as extended
by Executive Orders 20-112, 20-123.20-139&20-150 is rescinded,a traditional live meeting will be held at
the Marathon Government Center located at 2798 Overseas Highway,Marathon,FL 33050. The meeting will
commence at 9:00 A.M.
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 CHAPTER 142,SIGNS;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 2019-100)
AN .ORDINANCE BY_Z1E_MONROE COUNTY_OOARDOF__C_QUNTY COMMISSIQNERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(B)(4)
TO ELIMINATE THE ABILITY FOR A MANUFACTURED/MOBILE HOME TO BE PLACED AT AN ELEVATION
BELOW BASE FLOOD ELEVATION AND SECTION 130-53 TO AMEND THE PURPOSE OF THE URBAN
RESIDENTIAL MOBILE HOME—UMITED DISTRICT(URM-L)TO ELIMINATE PROVISION THAT PROVIDES FOR
A MANUFACTURED/MOBILE HOME TO BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION
AND SECTION 130-100 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT USE WITHIN THE URBAN
RESIDENTIAL MOBILE HOME—LIMITED DISTRICT(URM-L);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 AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-017)
KEY_LAR_DQDCEAN RESORT CONDOMJNIUhl ASSOCIATION.INC...Q¢825 OVERSEAS HWY.UNITS 1_sS
KEY LARGO.FL 33037 MILE MARKER 94.8 OCEAN SID LA PUBUC MEETING CONCERNING A REQUEST
FOR AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND
KEY LARGO OCEAN RESORT CONDOMINIUM ASSOCIATION,INC.AS IT RELATES TO THE DEVELOPMENT
OF 285 PERMANENT,MARKET-RATE DWELLING UNITS,AND ACCESSORY STRUCTURES/USES THERETO,
ON THE PROPERTY. NO STRUCTURES WILL BE HIGHER THAN 40 FEET PURSUANT TO SECTION 131-
2(b)OF THE MONROE COUNTY LAND DEVELOPMENT CODE.THE SUBJECT PROPERTY IS DESCRIBED
AS A PARCEL OF LAND IN SECTIONS 13 AND 14,TOWNSHIP 62 SOUTH,RANGE 38 EAST,KEY LARGO,
BEING PART TRACT 10 AND PART TRACT 11 OF SOUTHCLIFF ESTATES(PLAT BOOK 2,PAGE 45),MONROE
COUNTY,FLORIDA,HAVING PARCEL ID NUMBER 00483401-0000000. (FILE ti 2020-001)
A RESOLUTIONOE.ThEMONROE COUMIYBOARP 0f.CO1JNTY COMMISSIONEES RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY
OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT
BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23;BOUNDED ON THE WEST BY SECOND
STREET;BOUNDED ON THE SOUTH BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT
BAY BOTTOM AND A PARCEL OF LAND ADJACENT TO GOVERNMENT LOT 2.SECTIONS 35,36,AND 26,
TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND,MONROE COUNTY,FLORIDA.(FILE 2010-130)
ARESOLUTIONQF.ThE.M_ONRQECOI TL OARD_QF O.OUNTYCOMMISSIONERSRENOUNCINGAND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBUC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY
OF MACDONALD AVENUE AND FIRST STREET,STOCK ISLAND,MONROE COUNTY,FLORIDA,AS SHOWN
ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55;BOUNDED ON
THE NORTH BY ALL OF BLOCK 32;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;
BOUNDED ON THE SOUTH BY ALL OF BLOCK 34,AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11
AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED SHORELINE.
(FILE 2018-179)
A__P_UBLIC_J1EARINSr_.TO CONSIDER A REQUEST FOR.ADMINISTRATIVE_RELIEF FOR KEITH P.
RADENHAUSEN ON LOT 6, BLOCK 37, PORT PINE HEIGHTS 2ND ADDITION, BIG PINE KEY, MONROE
COUNTY,FLORIDA HAVING REAL ESTATE NUMBER 00293150.000000,AT APPROXIMATE MILE MARKER 30.
(FILE 2020-090)
Please visit the Monroe County Website at Yt\1twmonroecounty-fl aov for meeting agenda updates and
information regarding the various options available to the public to view the live meeting and/or to make public
comments on certain agenda items.
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
TIE KW W ES?Otonot•Wrsafro Iibnloe.lusts 27.28,2020 9A
FROM PAGE 1
Permit ,k aces espenencing multi- experiences and fnotratbn which he has been waiting mkt:he said adopwledgng attorney to get him a baskd
pie delays In getting our certif. in dealing with Marathdos since May that Martinet,the contracted log permit,which should trot
frowsiest torn site IA Scales of occupancy and final growth management deyit- In February,Marathon con- building official,has been'a be necessary to get things
inspections'he wrote to try mem hping the discontent traced with the firm of M.T. breath of(Moil air.' done,.Sims said.Buildsts also
difficult job and while them is leaden iloe problem stets al would lead to action. Cawley in II noeuead to art- The city still doesnl have a are hwarated and some use
always going to be complaints the top...Change the leaflet The dozen letters corn- liar-Noe Martinez as its build- property functioning compd. pro-ate bnpecturs instead of
and push back horn enfone- and got a qualified manager to plain of a lack of staff eipr- Ing official.and for plans and no system.Sinn said despite waiting lot city staff.
meat actions regardless of run the bwldingdepartmene' Ilene.failure to respond to permittingneeoces as needed. the ransomwart incident The letter-writing campaign
the mom we as a city also Iewis did not respond to emaalcorcalkrloohdaccess to The city round]paced a res- happening months ago and offered many examplesddys-
ai says hate plenty of mom to numerous requests for cons- the status of permits and plan Anion to paemie these build- Hurricane Irma alma dune function Whether contractors
Imprde:he told the Groom men,last week he told do- popping information,and Ing and Inspection swim for years ago,so those excuses gilesTths rrstsamtobeseen.
recently'I have met wait Us. Flee Press his statement was endless delays.While some a year at a price not to exceed have carom thin. Marathon's next council
preiidenu of the contracting being reviewed by the city contractors expressed fear S315,000. lie spoke of a resident who meeting is sot for Tuesday.holy
assodation and am commit- attorney,and he would send about roalWlonn.many con Lewis previously said con- bought a lot and after ape- M.
led to tmpnning Oar services it within GIP hour.However. eluded enough war enough. tooting for building seniors rkttdng delays,hind a local plraIYfysaera.aw
and will do what mer h takes no statement was sent to The Chad Nchic.certified gun- was necessary because there
ifoo ne,it is also Important Cahn eel oonttae,Dr,wtdc�xr wasaaddrdpoaummaTy OCA KEYS MISSION
to note that while our hulling Councilman Mark the past three years,the city jobadvatnements and a lack
department works with con- Senmartin stand his opinion ofMaratonb building depart- of qualified applicants
tractors on a daily basis,it is however. ment has been In a steady Martina.a general comae-
also the department's eropon. "Marathon's buidingdepan- decline_and now has hit an t«since 1973,said to a virtual {• }
✓new Orthodox Miswon Is
sabdlty to pprotect man meow home u needs the of a all-time low.The leadership councilmemeetingt is month f the
owner anal public safety:W@ balm.with cite h co lad helpfulness t only s lap c.,.in that he he was wiling to come { i • b osogP mrxd with hope
w a do our bent to find bal- of a nonprofit.which is essen- the function of a municipal aboard fug-time as Marathon' olbeginning services to July.
ancr without jeopardizing the filly what our city is"he said. building department but also budding official. • Any Interested persons
requirements" 1M should base someone lacks eltelkensing Simple per. Through his Portent cots should contact the
Demon, who toss been running tit depalmrrt with mots for remodeling that con- than,ManIN>wort two- S i OCA Keys M;ssfooi
a member of the Florida the proper certrocations and slot of noting structural can and-a-half days for Marathon ,
Keys construction industry evert mate knporay:eq.- take sat to eight wseia to be reviewing pain and;POOR -
for more can 20 years and rime In day bulldog depart- Wiled Simple microns that requests.and sends tin to orthodoxkcy..uI 1:
president of die Rorida Keys nasal management* hero been signed and waled Marathon staff for permitting 1admin@ortbodoslecys.org
Contractors Association for le City Vice Mayon wit by an eetgooeet am take five lie said while some wok can ILI F.book...lo AKermiwona
years•said he has newt before Govake said hehudiscucsed weeks to be issued...Prior to be clone by phone and emai.
experienced such'exttene the situation with landsey, [Lewis's)arnhal,we could get a some must be done on-site.
mnprofesi onafian'as he has cmnactos end ant.'My simple remodel permit in two Marathons In-house hoes the city's gowth man- expoctadart fiest
as set- week' employees Include OF A HOME
e three code _h ra..,FX5PC4RndLo—
agemmt department width vice On citizens are on cos- Armand Messina of AM officers and one who works
oversees building panning tam bur.They read to be F]ettricin broke.inMaraihon renmotely. - -.
and code erdonanenl our priority.My locus is on since 1988 questioned why Four months ago, Ed
Ile accuses Douglas having the best sesdce.I know lawnhautl ben replaced Sims. owner of Ed Sims
Lewis.doe arts growth man- (Lindsey'w0 work odds tuff 'Why is Lewis sill here? Development, spoke • •
agenent deportment diremor, and implement things" Ile makes It so I and do about problems with the
of mating up poky changes Craton ncendy asked business. Some permits cityk growth management �•
with no tepid to the build- association members to par- !said be a 15-minute Walk:- department. last week he
hog codes or Honda Sumacs tltpate it a letter-writing dsalgl"Messina said refer- said lktde has changed. r�r cow u..
among other complaints. campaign to spell out Mir rig to a boat SIG permit for 'Its sdlt toroth to get a pet- "`w..::rw.,ar.�rm�.R:•...r..maor w=,
miaow itemidemiewidedier moo
widMoo
Locals plan to occupy Fills Saturday FOR BREAKING memo. w-•^w-•`^`•
...MO 11.. .lm.•awn+sMd.•W.+4 en•
NEWS,VISIT `"•"^a'm'
n111EMBIAJ edmasmeshom desumme the entire day there. WWW.KEYSNEWS.COM of WA..
ma u..aorMN o-o.n•.
nay EMT tiler. of2019 to control the amount 'What most people do is •m le idesn^+a•ar.rswds+searK>tars'ee' t
of parking on the flit abet the knee trash hanging In all the
Organisers of -Occupy area was oxnun by vistas on Mies%Wee gohng to do the
the lows:a peaceful protest a recent wrt:end opposite Wren going to be MONROE COUNTY BOARD OF
planned for Sulutday,lime 'The ado ke to sass cal' hanging out all day and dolike COUNTY COMMISSIONERS
27.say ifs an opportunity for tort that we as foods can be locals do and be respectful.INC
loals to take advantage of a then all day and not trash are going tco use our assets and NOTICE OF PUBLIC MEETING AND
natural asset that is ehen left the place:Bram said'ors not Id other peopl'abuse it NOTICE OF PUBLIC HEARING
trashed by Aaron b just a wry to showy peupk he said.
lead organizer Mark WDAR that theirbrha„Dra when day therm Maier al 7 am For NOTICE OF CHANGE TO MONROE
den"d 4occpktn ed deplae.areh're e iuk p m COUNTY LAND DEVELOPMENT CODE
patting spaces at the Folk in &own is planning to spend Owrtiupuwa.aattt
the
early morning how A July 15,2020
simian protest preceded an CALL FOR BIDS
year's Fourth of July waektnd ey.g,ry BOVOR it.ran.OP urn near.ROtpA uturl mr Pots le Erode ode No flat.Moil coo-ar rowdy.,dense E oa end r lo Deed
The Fit a popular gathers sue urn ao.a Drams a w,.u.ay a.aa IEmm.t�•.•r Ern. Cp1OiY rmDa m�ra,aaro wdwe awbrr e M earA.�ew w.w a rr cowo 1s.ru.W.A!
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a.teNs Kevin Madok, CPA
qas t'
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 31, 2020
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.021-2020 amendments to the Monroe
County Land Development Code to amend Section 122-4(b)(4) to eliminate the ability for a
manufactured/mobile home to be placed at an elevation below base flood elevation and Section
130-53 to amend the purpose of the lJrban Residential Mobile Home—Limited District (URM-I.)
to eliminate provision that provides for a manufactured/mobile home to be placed at an elevation
below base flood elevation and Section 130-100 to add detached dwellings as an as-of-right use
within the lJrban Residential Mobile Home—Limited District(I1RM-L); providing for severability;
providing for repeal of conflicting provisions; providing for transmittal to the State Iand Planning
Agency and the Secretary of State; providing for amendment to and incorporation in the Monroe
County Iand 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 July 15, 2020. Should you have any questions please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
die Circuit Court&Comptroller&
exoflicio to the Monroe County
Board of County Commissioners
by:Pamela C. 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
t �
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 31, 2020
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. 021-2020, which was filed in this office on July 31,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. DEO-20-046
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA ? ro o
ORDINANCE NO. 021-2020 '=
= rn
o
o 0
FINAL ORDER r ''
0
APPROVING MONROE COUNTY ORDINANCE NO.021-2020
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. 021-2020(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 15, 2020 and rendered to
the Department on August 17,2020.
3. The Ordinance amends Section 122-4(b)(4) and Section 130-53 of Monroe
County's Land Development Code to remove provisions that allowed manufactured/mobile
homes to be placed at an elevation below base flood elevation. The Ordinance also amends
Section 130-100 to add detached dwellings to the list of permitted uses in the Urban Residential
Mobile Home Limited District.
1
Final Order No. DEO-20-046
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 Policy
101.9.5.
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.
(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.
2
Final Order No. DEO-20-046
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 021-2020 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.
mes D. Stansbury, Bureau Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-20-046
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 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
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 BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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-20-046
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 qWt\f\day of October 2020.
Age cy ler
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5