Ordinance 031-2020 1
2 M _
3 — =
4
5 MONROE COUNTY,FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 031 -2020
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE
13 RATIO FOR THE PARK AND REFUGE (PR) LAND USE (ZONING)
14 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
15 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
16 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
17 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
18 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE
19 2019-132)
20
21
22 WHEREAS, pursuant to Article VIII of the Florida Constitution and Section 125.66, Florida
23 Statutes, Monroe County possesses the constitutional police power(s) to enact ordinances in order to
24 protect-the health, safety, and welfare of the County's residents; and
25
26 WHEREAS,the adopted Comprehensive Plan and Land Development Code require a 90%open
27 ratio for the Recreation (R) future land use category and the Park and Refuge (PR) land use (zoning)
28 district which are similar to requirements of the Conservation FLUM/Crnservation(CD)zoning district
29 and Preservation FLUM/Preservation (P) zoning district; however, the Recreation FLUM/Park and
30 Refuge (PR) zoning district is intended for the provision of recreational facilities and not simply for
31 passive recreation, landscape, preservation, or conservation uses; and
32
33 WHEREAS, amending the open space ratio within the Comprehensive Plan and Land
34 Development Code ("LDC") will allow the County to meet the needs of constituent requests for
35 additional active recreational facilities and allow for American with Disabilities Act ("ADA")
36 improvements necessary to ensure that newly constructed, redeveloped and altered recreation facilities
37 meet the requirements of the ADA and are readily accessible to and usable by individuals with
38 disabilities; and
39
40 WHEREAS, on October 15,2019,a community meeting was held, as required by LDC Section
41 102-I59(6)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
42 amendments, and to provide for public participation; and
43
44 WHEREAS,on October 29,2019,the Monroe County Development Review Committee(DRC)
45 reviewed the proposed amendment; and
46
47 WHEREAS, at a regularly scheduled meeting held on January 29, 2020, the Monroe County
Ordinance No. 031 -2020 Page 1 of 4
File 2019-132
1 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
2 provided for public comment; and
3
4 WHEREAS, the Monroe County Planning Commission adopted Resolution No. PO4-20
5 recommending approval for the proposed amendment; and
6
7 WHEREAS, at a regularly scheduled meeting held on the 16ih day of September, 2020, the
8 Monroe County Board of County Commissioners held a public hearing, considered the staff report, and
9 provided for public comment and public participation in accordance with the requirements of state law
10 and the procedures adopted for public participation in the planning process; and
11
12 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
13 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
14 the citizens of the Florida Keys and to strengthen our local government capability to manage land use
15 and development; and
16
17 WHEREAS, based upon the documentation submitted and information provided in the
18 accompanying staff report, the Monroe County Board of County Commissioners makes the following
19 Findings of Fact and Conclusions of Law:
20
21 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
22 County Year 2030 Comprehensive Plan; and
23 2. The proposed amendment is consistent with the Principles for Guiding Development for the
24 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
25 ------ - - 3:- The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
26 4. The proposed amendment is necessary due to the need for additional detail or
27 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY,FLORIDA:
31
32 Section 1.The foregoing recitals are true and correct and are hereby incorporated as if fully set
33 forth herein.
34
35 Section 2. The text of the Monroe County Land Development Code is hereby amended as follows:
36
Proposed Amendment deletions are etrieken4Immagh; additions are shown in underlined .
37
38 Sec. 130-164.-Maximum Nonresidential Land Use Intensities and District Open Space.
39 Maximum nonresidential land use intensities for those uses permitted by this chapter and minimum required
40 open space shall be in accordance with the following table:
41
Maximum Nonresidential Land Use Intensity and Minimum Open Space
Land Use District and Use 1 Maximum Floor Area Ratio Minimum Open Space Ratio i.t
0.50
Park and Refuge(PR) 0.20 Or60-
Ordinance No. 031-2020 Page 2 of 4
File 2019-132
(a)Additional open space requirements may apply based on environmental protection criteria-see additional open
space ratios in Chapter 118.In accordance with section 101-2(1),the most restrictive of these ratios applies.
1
2 •**ss
3
4 Section 3. Inconsistency, Partial Invalidity.Severability, and Survival of Provisions. If any
5 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in or by any
6 administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of
7 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or
8 validity of any other provision of this Ordinance, or any remaining portion(s) thereof. All other
9 provisions of this Ordinance, and remaining portion(s) thereof, shall continue unimpaired in full force
10 and effect.
11
12 Section 4.Repeal of Inconsistent Provisions.All ordinances or parts of ordinance(s)in conflict
13 with this Ordinance are hereby repealed to the extent of such conflict. The repeal of an ordinance herein
14 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed
15 thereby.
16
17 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
18 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
19
20 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
21 Florida but shall not become effective until a final order is issued according to F.S. 380.05(6) by the
22 Florida State Land Planning Agency or Administration Commission approving the ordinance,and if the
23 final order is challenged,until the challenge to the order is resolved pursuant to F.S. Chapter 120.
24
25 Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
26 included and incorporated in the Land Development Code of Monroe County, Florida, and shall be
27 appropriately numbered to conform to the uniform numbering system of the Code.
28
29 Section 8.Effective Date. This ordinance shall become as provided by law and stated above.
30
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
32 at a regular meeting held on the 16th day of September, 2020.
33 0 "
34 0 — < Mayor Heather Carruthers Yes
•
35 c� 0 " Mayor Pro Tem Michelle Coldiron yes
36 Commissioner Craig Cates Yes
37 cc -- -_ z-- Commissioner David Rice Yes
38 W Nam_ Commissioner Sylvia Murphy Yes
39 d
w
41 E BOARD OF COUNTY COMMISSIONERS
42 OF MONROE CO Y ORIDA
43
44 BY:
45 MOAPP TO rOfMAWECO T ToaNEV MAYO HE T R CARRUTHERS
Ordinance No. 031 -2020ASSISTANT T8/2 MY1 ATTORNEY Page
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File 2019-132 pye
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Ordinance No. 031 -2020 Page 4 of 4
File 2019-132
aH1ZEN
The Florida Keys Only Daily Newspaper.Est. 1876
PO Box 1800,Key Rest FL 33041
P.(305)292-7777 ext 219 F.(305)2958025
legaisokeysnews cm
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 355377
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
NA\L{-t,.C'_- Ise-v-3 ,who on oath says that he or she is
& \kik U\(1 IFlr of the Key West Citizen,a daily
newspaper published in Key West.in Monroe County,Florida;that the attached
copy of adveriisment,being a legal notice in the matter of was published in said
newspaper in the issues of.
Sunday,August 30,2020
Aniant 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' esaid wsp per. `
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(Signature olARenl) `Vny7/F, -
A e a Q su crib d before me this day ofA st 2020
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(Nola blic a ure)
,,igni day )2J11i'l--)r
(Notary Publc Printe���ddd""""""Name) (Notary Seal) lA"Leo. Suelynn Stamper
My commission expires •-'� ii.
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COMMISSIONS 6G232802
-;L� ., EXPIRES:June 27,2022
"'f`°',` Banded DMu Aaron Notary
Personally Known X Produced Identification_ `
Type of Identification Produced
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE
COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAPS
NOTICE OF CHANGE TO MONROE
COUNTY LAND USE DISTRICT
(ZONING) MAPS
September 16, 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 September 16,2020 meeting of the Board of County Commissioners
will be conducted via Communication Media Technology("CMT")using 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&20-193 is rescinded, a traditional live meeting will be held at the
Nelson Government Center located at 102050 Overseas Highway,Key Largo,FL 33037. The
meeting will commence at 9:00 A.M.
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANQEBY MONROE_DQV ITROARD OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-75,THE PERMITTED AND CONDITIONAL USES
OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC
AIRPORTS;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 2020-081)
AN__ORDJ NCE BY MONROE COUNTY BOARD OF COUNT]LCQMMISSIQNERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25
TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2019-131)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE
RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE:PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-132)
f�ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL
(INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA,
HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL, INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS: PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING
FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220) (See Map 1 below)
ANORDINANCE flYSHIw_ 1QNRQ)_CLIUNTY_PQARD__OE COUNIY_CQMIMISSIQNERS AMENDING
THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR) TO
SUBURBAN COMMERCIAL (SC) / INSTITUTIONAL (INS) OVERLAY. FOR PROPERTY LOCATED AT 32
OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-
000100,AS PROPOSED BY OCEAN REEF CHAPEL,INC; 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 LAND
USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-221)(See Map 2 below)
MAP1 MAP2
N'
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 September 16, 2020 meeting of the Board of County Commissioners
will be conducted via Communication Media Technology("GMT")using a Zoom Webinar
platform.Please note that if Executive Order 20-69,as extended by Exec.st-:e Orders 20-112.
20-123, 20-139, 20-150&20-193 is rescinded, a traditional live meeting wile be held at the
Nelson Government Center located at 102050 Overseas Highway,Key Largo,FL 33037. 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-75,THE PERMITTED AND CONDITIONAL USES
OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC
AIRPORTS;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 2020-081)
A LQBDINANCE BY MONRO_E COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25
TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2019-131)
AN ORDINANCE BY THE MONROE COUNTY BOARD Of_COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE
RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-132)
AN_ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL
(INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO.MONROE COUNTY,FLORIDA,
HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL, INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFUCTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING
FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220) (See Map 1 below)
AN ORDINANCE_BY THE MONRQ.E.Q Vl1LY ARP-CIF_COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR) TO
SUBURBAN COMMERCIAL (SC) / INSTITUTIONAL (INS) OVERLAY, FOR PROPERTY LOCATED AT 32
OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA. HAVING PARCEL ID 00081740-
000100,AS PROPOSED BY OCEAN REEF CHAPEL,INC; 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 LAND
USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-221)(See Map 2 below)
MAP 1 MAP 2
.ostmaaa+ot 000111710.403100
r
!ocean Reel
Please visit the Monroe County Website at wyrnyrnORMs.up1y-1I.agy 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 8 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."
A,puet 29,2020 Key Weal C,aer
1,
° % Kevin Madok, CPA
I
;lc
h,��;._r Clerk of the Circuit Court& Comptroller—Monroe County, Florida
September 22, 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. 031-2020 amending Monroe County
Iand Development Code Section 130-164 to reduce the open space ratio for the Park and Refuge
(PR) 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 Land Development Code; providing for an effective
date (File 2019-132).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
meeting, held in formal session, on September 16, 2020. 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
bp 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
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 22, 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. 031-2020, which was filed in this office on September
22, 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-20-057
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY o _
0
Fri
_ C7
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA -
ORDINANCE NO. 031-2020
N
W
O,
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 031-2020
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. 031-2020(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 September 16, 2020 and
rendered to the Department on October 16, 2020.
3. The Ordinance amends Section 130-164 of the Monroe County Land
Development Code to reduce the open space requirement within the Parks and Refuge land use
zoning district from 90%to 50%. The purpose of the Ordinance is to facilitate re-development
of parks and recreations facilities within the County after damage from previous storms.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
1
Final Order No. DEO-20-057
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
101.5.25, Future Land Use Densities and Intensities.
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. 031-2020 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.
2
Final Order No. DEO-20-057
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.
6
J es D. Stansbury, Bureau Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-20-057
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-20-057
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 thisn day of December 2020.
Age c 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