Ordinance 035-2020 P�v its b4
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3
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6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO.035-2020
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
13 LAND DEVELOPMENT CODE TO AMEND SECTION 130-75, THE
14 PERMITTED AND CONDITIONAL USES OF THE AIRPORT DISTRICT, TO
15 ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC
16 AIRPORTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
17 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
18 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
19 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
20 MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
21 EFFECTIVE DATE.(2020-080
22
23
24 WHEREAS,Monroe County policies and regulations adopted in the Monroe County Comprehensive
25 Plan and Land Development Code are to maintain public health,safety,and welfare of the citizens of the
26 Florida Keys and to strengthen our local government capability to manage land use and development; and
27
28 WHEREAS, the Monroe County Airport Department submitted an application requesting an
29 amendment to Land Development Code Section 130-75,the permitted and conditional uses of the Airport
30 District, to eliminate the conditional use requirement for public airports, specifically the Key West
31 International Airport and the Florida Keys Marathon International Airport;and
32
33 WHEREAS, the County is authorized by Florida's Airport Law of 1945 to exercise regulatory
34 authority over the Key West International Airport and the Florida Keys Marathon International Airport
35 even though the public airport facilities are located within the territorial limits of the City of Key West
36 and the City of Marathon;and
37
38 WHEREAS,the Key West International Airport and Florida Keys Marathon International Airport are
39 public airports that receive federal funding from the Federal Aviation Administration (FAA) and must
40 comply with operational safety requirements and compliance directives, development restrictions, and
41 environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations
42 Title 2 Grants and Agreements and Title 14 Aeronautics and Space,and all referenced and implementing
43 guidance including; National Environmental Protection Act, Airport Improvement Program, Part 139
44 Airport Certification,and all applicable Orders,Advisory Circulars and Program Guidance Letters; and
45
46 WHEREAS, both the Key West International Airport and Florida Keys Marathon International
47 Airport require an Airport Master Plan (AMP)and an Airport Layout Plan(ALP) which are approved by
48 the FAA as well as the Board of County Commissioners at a public meeting;and
49
50 WHEREAS, the Monroe County Airport Department has experienced delays in accomplishing
51 projects necessary for public health, safety and welfare and other timing conflicts with FAA imposed
odinmce No.035 -2020 Page 1 of6
File 2020-081
1 federal requirements regarding the operation,development and funding of federally obligated airports due
2 to the additional time needed to process conditional use approvals;and
3
4 WHEREAS, amending the Land Development Code will eliminate duplicative staff reviews
5 (reviewing both the conditional use and building permit for consistency with AMP/ALP) and eliminate
6 potential time constraints with the federal safety requirements and funding cycles;and
7
8 WHEREAS, amending the Land Development Code will be consistent with the purpose of the
9 Airport Zoning District, to facilitate the operations of airports, and implement Comprehensive Plan
10 Policies 501.2.2,501.5.2 and 501.5.3;and
11
12 WHEREAS, the Monroe County Board of County Commissioners is authorized by Section
13 125.01(IXh), F.S., to establish, coordinate and enforce zoning and such business regulations as are
14 necessary for the protection of the public;and.
15
16 WHEREAS, on July 21, 2020, the Monroe County Development Review Committee (DRC)
17 reviewed the proposed amendment;and
18 WHEREAS,at a regularly scheduled meeting held on August 26,2020,the Monroe County Planning
19 Commission held a public hearing for the purpose of considering the proposed amendment and provided
20 for public comment and
21
22 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P22-20
23 recommending approval for the proposed amendment;and
24
25 WHEREAS,at a regularly scheduled meeting held on the September 16, 2020, the Monroe County
26 Board--of County Commissioners held the first of two public hearings, considered the staff report, and
27 provided for public comment and public participation in accordance with the requirements of state law
28 and the procedures adopted for public participation in the planning process;and
29
30 WHEREAS, at a regularly scheduled meeting held on the October 21, 2020, the Monroe County
31 Board of County Commissioners held a second public hearing,considered the staff report, and provided
32 for public comment and public participation in accordance with the requirements of state law and the
33 procedures adopted for public participation in the planning process;and
34
35 WHEREAS, based upon the documentation submitted and information provided in the
36 accompanying staff report, the Monroe County Board of County Commissioners makes the following
37 Conclusions of Law:
38
39 I. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
40 County Year 2030 Comprehensive Plan; and
41 _ _2. The proposed amendment is consistent with the Principles for Guiding Development for the
42 Florida Keys Area of Critical State Concern, Sec.380.0552(7),F.S.;and
43 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute;and
44 4. The proposed amendment is necessary due to new issues and the need for additional detail or
45 comprehensiveness,as required by Section 102-158 of the Monroe County Code.
46
47 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
48 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
49
50
Ordinance No.035-2020 Page 2 of 6
File 2020-081
1 Section 1. The Monroe County Land Development Code is hereby amended as follows:
2
Proposed Amendment deletions are*gotten-through;additions are shown in undedincd)•
3
4 ARTICLE III.-PERMITTED AND CONDITIONAL USES
5
6 Sec. 130-75.-Airport District(AD).
7 (a)The following uses are permitted as of right in the Airport district:
8 (I)At public airports: Public airport uses;
9 (2)At private airports: Noncommercial aircraft landing,takeoff,storage, repair,maintenance
10 and fueling,provided that;
11 a. Effective landing length shall be no less than 1,800 feet;
12 b. Primary surface width shall be no less than 100 feet;and
13 c. Usable width shall be no less than 50 feet.
14 (3)Accessory uses;
15 (4)Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
16 (5)Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
17 (6)Satellite earth stations,as accessory uses,pursuant to section 146-5(f);and
18 (7)Public infrastructure and utilities.
19 (b)The following uses are permitted as minor conditional uses in the Airport district, subject to
20 the standards and procedures set forth in chapter 110,article III:
21 (I)Wastewater treatment facilities and wastewater treatment collection systems serving uses
22 located in any land use district,provided that:
23 a.The wastewater treatment facility and wastewater treatment collection systems are in
24 compliance with all federal,state,and local requirements;
25 b. The wastewater treatment facility, wastewater treatment collection systems, and
26 accessory uses shall be screened by structures designed to:
27 I.Be architecturally consistent with the character of the surrounding community;
28 2.Minimize the impact of any outdoor storage,temporary or permanent;and
29 3.A solid fence may be required upon determination by the Planning Director;
30 c. Where a district boundary buffer is not required as set forth in chapter 114,article V,
31 a planting bed, eight feet in width, shall be established to buffer the facility, with
32 the following;
33 I.One native canopy tree for every 25 feet of property line;
34 2.One understory tree for every ten feet of property line;
35 3.The required trees shall be evenly distributed throughout the planting bed;and;
36 4.The planting bed shall be installed as set forth in chapter 114,article IV.
37 (2)
38 (3)-Attached wireless communications facilities, as accessory uses, pursuant to section 146-
39 5(d);and
40 (1)4)Stealth wireless communications facilities,as accessory uses, pursuant to section 146-
41 5(e).
42 (c)The following uses are permitted as major conditional uses in the Airport district, subject to
43 the standards and procedures set forth in chapter 110,article III:
44 (I
45 (24-At private airports:Commercial aircraft operations,including fixed base operators(FBO)
46 activities.
47 (d)Airport Height Overlay Zones and Restrictions. There are hereby created and established
48 overlay zones around and adjacent to public, private and military airports in the county.
49 Within the AD district and overlay zones, certain height limitations are specified to prevent
50 airspace obstruction, and the use limitations apply. Uses within the overlay zones must
Ordinance No. 035-2020 Page 3 of 6
Fik 2020-081
1 comply with the height standards and the limitations set forth below. An area located in
2 more than one zone described herein is considered to be only in the zone with the more
3 restrictive limitations.
4 (1)Public Airport Height Restrictions.
5 a. Primary zone. The area longitudinally centered on each runway with the same length
6 as the runway and is 2,000 feet wide.No structure that is not a part of the landing
7 and takeoff area is permitted in the primary zone that is of greater height than the
8 nearest point on to the runway.
9 b. Clear zone. The area extending I,000 feet off each end of a primary surface and is
10 the same width as the primary surface. No structure not a part of the landing and
11 takeoff area is permitted that is a greater height than the end of the runway.
12 c.Inner horizontal zone. The area extending outward from the periphery of the primary
13 zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about
14 the centerline at the end of each primary zone and connecting adjacent arcs by
15 lines tangent to these arcs. No structure will be permitted in the inner horizontal
16 zone of greater height than 156 feet MSL.
17 d.Conical zone. The area extending outward from the periphery of the inner horizontal
18 zone for a distance of 7,000 feet. Height limits in the conical zone commence at
19 156 feet MSL at the inner boundary where it adjoins the inner horizontal zone and
20 increases in permitted height at a rate of one foot vertically for every 20 feet of
21 horizontal distance measured outward from the inner boundary to a height of 506
22 feet MSL at the outer boundary.
23 e. Outer horizontal zone. The area extending outward from the outer periphery of the
24 conical zone for a distance of 30,000 feet. The height limit within the outer
25 horizontal zone is 506 feet MSL.
26 f.Approach zone. The area longitudinally centered on each runway extended centerline,
27 with an inner boundary 200 feet out from the end of the runway end the same
28 width as the primary zone, then extending outward for a distance of 50,000 feet,
29 expanding uniformly in width to 16,000 at the outer boundary.Height limits within
30 the approach zones commence at the height of the runway end and increase at the
31 rate of one foot vertically for every 50 feet horizontally for a distance of 25,000
32 feet,at which point it remains level at 506 feet MSL to the outer boundary.
33 g. Transitional zone. The area within an inner boundary formed by the side of the
34 primary zones, the first 200 feet of the clear zones and the approach zones, then
35 extending outward at right angles to the runway centerline and extended centerline
36 until the height matches the adjoining inner horizontal zone, conical zone, and
37 outer horizontal zone height limit. The height limit at the inner boundary is the
38 same as the height of the adjoining zone and increases at the rate of one fool
39 vertically for every seven feet horizontally to the outer boundary of the transitional
40 zone,where it again matches the height of the adjoining zone.
41 (2)Private Airport Height Restrictions.
42 a. The landing approach zone for private airports is a trapezoidal area increasing
43 gradually in width from 50 feet to either side of the runway centerline,at the ends
44 of each usable runway, to a width of 350 feet to either side of the runway
45 centerline at a distance of 3,000 feet outward from the ends of each runway.
46 b. Approach zones shall be clear of obstruction above a glide path of 20:1 from the ends
47 of each usable runway. When the approach zone to any runway crosses a road,the
48 glide path must pass at least 15 feet above the edge of the nearest traffic lane.
49 c.No establishments or uses shall be allowed that emit smoke,gas or dust in quantities
50 or densities sufficient to jeopardize the safe use of private airports.
51 d. No development approval or building permit shall be granted for the construction of
52 any structure to be located within a private airport district or overlay zone that,
Ordinance No. 035-2020 Par 4 of6
File 2020-081
1 when built, would constitute an airspace obstruction height that would cause a
2 minimum obstruction altitude, a minimum descent altitude,or a decision height to
3 be changed or a threshold to be displaced, or to interfere with the required
4 approach glide slope.
5 e.No property owner within the private airport district or overlay shall be permitted to
6 grow or maintain trees to heights in excess of those provided herein for structures.
7 (e)All development or expansion of existing public airports shall be done in accordance with the
8 updated-approved Airport Master Plan and Airport Layout Plan of the airport and adopted
9 ordinances.
10
11 Section 2.Inconsistency.Partial Invalidity.Severability.and Survival of Provisions. If any
12 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in or by any
13 adminisnative hearing officer or court of competent jurisdiction,the invalidity or unenforceability of such
14 provision,or any portion thereof,shall neither limit nor impair the operation,enforceability,or validity of
15 any other provision of this Ordinance, or any remaining portion(s)thereof. All other provisions of this
16 Ordinance,and remaining portion(s)thereof,shall continue unimpaired in full force and effect.
17
18 Section 3. Repeal of Inconsbteat Provisions. All ordinances or parts of ordinances in conflict
19 with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
20 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed
21 thereby.
22
23 Section 4.Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
24 Agency as required by F.S.380.05(I Hand F.S. 380.0552(9).
25
26 Section 5. Filina. This ordinance shall be filed in the Office of the Secretary of the State of
27 Florida but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
28 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
29 ordinance,and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
30 Chapter 120.
31
32 Section 6. Indusion in the Monroe Coaaty Code. The provisions of this Ordinance shall be
33 included and incorporated in the Code of Ordinances of the County of Monroe, Florida,as an addition to
34 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
35 the Code.
36
37 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
38 above.
39
40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
41 at a regular meeting held on the 21"day of October 2020.
42
43 Mayor Heather Carruthers Yes
44 Mayor Pro Tem Michelle Coldiron Yes
45 Commissioner Craig Cates Yes
46 Commissioner David Rice _ yes
47 Commissioner Sylvia Murphy Yes _
48
49
50
51
Ordinance No.035 -2020 Page 5 of
File 2020.051
it
4,0 BOARD OF COUNTY COMMISSIONERS
�� 1`agg:TILOF MONROE CO Y, ORIDA
BY
1.� MAYO E R CARRUTHERS
7
8
9 A7T Kw ,EVJDOK,CERK
10
ii AS DEPUTY CLERK
the .COUNTY.. ATTORNEY'.OFFICE
PALINECE SCULL
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Ordinance No. 035.2020 Page 6 of6
File 2020-08I
KEY/WEST
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The Florida Keys Only Daily Newspaper,Eat 1876
- P0 Box 1808 Key west Ft 33041
P(305)222-P21 ext 219 F:(305)295-8025
egaLCkeyanewarom
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 360515
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Bet re the u���Illnde gn d authority personally appeared
i&14 .) e`th c h ,who on oath says that he or she is
Or e w�i ou "o"""'1''' , of the Key West Citizen,a daily
newspaper publish in K of in Monroe County, Florida;that the attached
copy of adveraement,bent a legal notice in the matter of was published in said
newspaper in the issues of:/
Sunday,October 4,20201/
Afiant 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 fund for the purpose of securing this advertisement for publica-
tion in hh//�� wspa r
(Si ant) JC CV(4'�b P(
A d s bed before me thi�day of Oc yh 2020
(Note ublic Signature
• �,n)JSmh 1
(Notary Rkllic Printed Name) (Notary Seal)
My commission expires G.1 93
Personally Known X Produced Identification
Type of Identification Produced /S Sueynn Stamper
;� I. COMMISSION 8Of,'232802
'w EXPIRES:June 27,2022
Boded flea Aral Notary
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
October 21, 2020 •
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ERSE PROVIDING FOR OEVEPAEOLITO PROVIDING FOR TqWSIITThL TO THE STATELAND PUNNING
AGENCY AND THE BECAMMY OF BATE PROVIDING FOR AN EFFECTIVE DATE.
(FILE 2020-068)
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NOYME O0' C c- • • , - OE
COUNTY LAND DEVELOPMENT CODE
Octobs 21,202Q
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COUNTY COMPROMISE&Pl th PRDVDNG FOR MI EFFECTIVE DAM IEEE QOIECSBI
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ORDINANCE 012201T,mD WENDED CBDEUNCE LN.20H.FGR PM POIMDHAL 365
DAYS TO DEFER AFFILIATIONS OR Afuosir NeTHAT HAVE NOT
BEEN FULLY Amami _PLANOR LAD DEVOCHIGG VOCIE AMENDMENTS.
DEVELOPMENT AcOME NOS (NCYUDNG .pl ELOPAEM MID MINOR AND
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TWO UNRELAT�P ' NW HIDRENRELMa®TO EITHER Cipher OPA ONELLNG UNIT.
AND APPUCATIONB DC TEI114 �rIO•WMMJI ING 1T,2O2o,UNTIL THE
BOCC CAN REVIEWAID tteweY�HIE OCON SINE 1RA1 MCLNC DEVELOPMENT
rnrW REGARDING TIE COMMONS OF 6WBt LRAT HOUSEHOLD;FA&E,Y NC THE UNDEFINED
- TERM 'LOCK-Otrr OF A DWEI1f1O1fn NG FOR SiPWIATDN WBM-IS5 DAYS OF THE
EFFECTNE DATE OF AlG INTERN DEVa.R@!I OWINONOE GR Mel TTECOMPREHENSIV£
PLAN AND LAND oEVBD%EM 00CE AMENOMR0S BECOME EFFECTIVE,WHICHEVER COMES
FIRST:PROVIDING FOR BEMUSEITY,PROVIDING FOR TRANSMITTAL TO THE STATEL iD MANNING
AGENCY AND THE B IETARY OF Wit;PROVIDING FOR AN erPECTIVE LATE.
(FILE 2020•OtS)
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and Adamagon mmirtene the MoralapNra M Ne to the pat to New the die meeting erdmor
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cads a.2020 Kay Well caner
=a°° s Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
November 4, 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. 035-2020 amendments to the Monroe
County Land Development Code to amend Section 130-75,the permitted and conditional uses of
the Airport District,to eliminate die conditional use requirement for public airports; providing for
severahility;providing for repeal of conflicting provisions; providing for transmittal to die 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(2020-081).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
meeting, held in formal session, on October 21, 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-olTicio to the Monroe County
Board of County Commissioners
by:Pamela C. Hancock, D.C.
cc: Planning& Enviromnental
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,Ronda 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 4, 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. 035-2020, which was bled in this office on November 4,
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-21-004
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION = 'c
N
ADOPTED BY MONROE COUNTY, FLORIDA, ', - a`
ORDINANCE NO. 035-2020 r'
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 035-2020
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. 035-2020 (the"Ordinance").
FINDINGS OF FACT
- - i.- 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 21, 2020,and rendered
to the Department on November 23, 2020.
3. The Ordinance provides for an amendment to Section 130-75 of the Monroe County
Land Development Code, to eliminate certain conditional use requirements for public airports hi
the Airport District.
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.
I
Final Order No. DEO-21-004
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with policies
501.2.2, 501.5.2, and 501.5.3.
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. 035-2020 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-21-004
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.
qua ,D
J s D. Stansbury, Chief
B eau of Community Planning and Growth
artment of Economic Opportunity
3
Final Order No. DEO-21-004
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-21-004
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 (/tl(j�- day S
of J a[1\ilP1A , 2021.
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron
Mayor, Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5