Ordinance 010-2021 4 .
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. 010-2021
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY
14 TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY
15 STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT,
16 DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION
17 OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A
18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF
19 TRANSIENT UNIT; CREATE A DEFINITION FOR WET BAR; AND
20 AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT
21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
25 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
26 FOR AN EFFECTIVE DATE. (FILE 2019-098)
27
28
29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
31 health, safety, and welfare of the County's citizens; and
32
33 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting
34 on February 15,2017 in Key West,Florida, directed staff to impose a temporary moratorium upon
35 certain development applications proposing occupancy by "three unrelated people" or "two
36 unrelated people and any children related to either of them" of a dwelling unit or utilizing the term
37 "lock-out," due to pending legislation; and
38
39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution
40 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to
41 process an ordinance to impose a temporary moratorium deferring the approval of new
42 applications or received application that have not been fully approved, commencing March 15,
43 2017, for comprehensive plan or land development code amendments, development agreements
44 (including 380 development agreements),and minor and major conditional use permits (excluding
45 applications proposing only affordable housing dwelling units); with proposed occupancy by
46 "three unrelated people" or "two unrelated people and any children related to either of them" of a
47 dwelling unit, and applications utilizing the term "lock-out"; and
Ordinance No.010-2021 Page 1 of 8
File 2019-098
1
2 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting
3 on July 19, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary
4 moratorium upon certain development applications proposing occupancy by "three unrelated
5 people" or "two unrelated people and any children related to either of them" of a dwelling unit or
6 utilizing the term "lock-out," due to pending legislation; and
7
8 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting
9 on August 28, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary
10 moratorium upon certain development applications proposing occupancy by "three unrelated
11 people" or "two unrelated people and any children related to either of them" of a dwelling unit or
12 utilizing the term "lock-out," due to pending legislation; and
13
14 WHEREAS, Ordinance 018-2018 extended the moratorium through October 27, 2019;
15 and
16
17 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting
18 on July 17, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary
19 moratorium upon certain development applications proposing occupancy by "three unrelated
20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or
21 utilizing the term "lock-out," due to pending legislation; and
22
23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020;
24 and
25
26 WHEREAS, the Staff is working on BOCC directed amendments related to the
27 development of dwelling units utilizing the term "lock-out" and to an extension to the interim
28 development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and
29 Land Development Code to add such County regulatory provisions (as necessary) is adopted and
30 becomes effective, whichever comes first; and
31
32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
35 manage land use and development; and
36
37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
38 considered the proposed amendments at a regularly scheduled meeting held on July 21, 2020; and
39
40 WHEREAS, at a regularly scheduled meeting held on September 23, 2020 the Monroe
41 County Planning Commission held a public hearing for the purpose of considering the proposed
42 amendment and provided for public comment; and
43
44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-20
45 recommending approval for the proposed amendment, with direction for staff to address, within
46 the matrix included in the dwelling unit definition, the scenario of a separate entrance without a
47 lockable internal connection; and
Ordinance No.010-2021 Page 2 of 8
File 2019-098
1
2 WHEREAS, the Monroe County Board of County Commissioners is authorized by
3 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business
4 regulations as are necessary for the protection of the public; and
5
6 WHEREAS, at a regularly scheduled meeting held on October 21, 2020, the Monroe
7 County Board of County Commissioners held a public hearing, considered the staff report, and
8 provided for public comment and public participation in accordance with the requirements of state
9 law and the procedures adopted for public participation in the planning process; and
10
11 WHEREAS, at the October 21, 2020, public hearing, the BOCC directed staff to make
12 edits to the proposal to address the scenario of a master bedroom with a separate entrance (ex: to
13 the pool area), a lockable internal connection(regular door), a coffee bar/wine bar and a bathroom;
14 and
15
16 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
17 County Board of County Commissioners held a public hearing, considered the staff report, and
18 provided for public comment and public participation in accordance with the requirements of state
19 law and the procedures adopted for public participation in the planning process; and
20
21 WHEREAS, at the January 20, 2021, public hearing, the BOCC adopted Resolution 039-
22 2021, transmitting the proposed text amendment to the State Land Planning Agency; and
23
24 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
25 Objections, Recommendations and Comments (ORC) report, received by the County on April 2,
26 2021; and
27
28 WHEREAS, the ORC report stated, "the Department does not identify any objections or
29 comments to the proposed amendment;" and
30
31 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
32 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
33
34 WHEREAS, at a regularly scheduled meeting on May 19, 2021, the BOCC held a public
35 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
36
37 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
38 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
39 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
40 manage land use and development; and
41
42 WHEREAS, based upon the documentation submitted and information provided in the
43 accompanying staff report, the Monroe County Board of County Commissioners makes the
44 following Conclusions of Law:
45 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
46 Monroe County Year 2030 Comprehensive Plan; and
Ordinance No.010-2021 Page 3 of 8
File 2019-098
1 2. The proposed amendment is consistent with the Principles for Guiding Development for
2 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
4
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8
9 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows:
10
Proposed Amendment: deletions are stfi ke *h-ottgi.; additions are shown in underlined.
11
12 2030 Comprehensive Plan - GLOSSARY
13 General
14 If definitions sought are not within this section,the County shall utilize the adopted definitions
15 of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these
16 documents, the County shall utilize the term as commonly used.
17
18 Defined Terms
19 Accessory Use or Accessory Structure means a use or structure that:
20 (1) Is subordinate to and serves an existing principal use or principal structure; and
21 (2)Is subordinate in area,extent and purpose to an existing principal use or principal structure
22 served (for this definition docks, pools, pool decks, driveways are excluded from total
23 area); and
24 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or
25 principal structure served; and
26 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as
27 the lot/parcel on which the principal use or principal structure is located; and
28 (5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use
29 or principal structure, excluding accessory docking facilities that may be permitted on
30 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and
31 (6)Is located in the same land use(zoning) district as the principal use or principal structure,
32 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; and-
33 (7) Accessory uses/structures shall not include secondary dwelling units or lock-out units or
34 any other habitable structures that are occupied by a separate and independent household.
35
36 Density means an objective measurement of the magnitude of residential use on a site. Density
37 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland.
38
39 Density, Allocated means the number of dwelling units or rooms/spaces which may be
40 permitted to be developed per gross acre of upland without the use of Transferable
41 Development Rights (TDRs).
42
43 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which
44 may be permitted to be developed per buildable acre, with the use of Transferable
45 Development Rights (TDRs) or for affordable housing.
Ordinance No.010-2021 Page 4 of 8
File 2019-098
1
2 Dwelling Unit means one or more rooms physically arranged for occupancy by one household
3 sharing common living, a kitchen cooking), and bathroom te4et facilities.Dwelling units shall
4 not include additional dwelling units, secondary dwelling units, lock-out units, or any other
5 habitable structures that create a separate independent living area that are occupied by__a
6 separate and independent household, without an additional ROGO allocation or ROGO
7 exemption. In reviewing development proposals for dwelling units,to ensure lock-out units or
8 any other habitable structures that create a separate independent living area are not created,the
9 proposal shall comply with the following:
10
Bldg. Lockable Unlockable
z Separate Full Wet Full Half g
ty e Entrance 3 Internal Internal Kitchen 6 Bar' Baths Baths Allowed
Connection 4 Connection-5
X NA NA X - X - NO
X_ NA NA X - - X NO
ACC. X NA NA X X NO
X_ NA NA - X - X NO
X NA NA - X YES'0
X X - X - X - NO
X_ X_ - - X X_ - NO
Xll X - - X X - YES io
X_ X_ - - X - X NO
Xll X_ - - X - X YES'0
X_ X_ - - X_ YES'0
X_ X_ - - - X YES'0
X_ - - X X_ YES io
ADD. _ X - X X - NO
X - - - X X - NO
X - X X - X - NO
X_ - X_ - X X_ - NO
X - X - X X YES io
X - X - - X - YES
X - - X - YES
NO
-
12 1. General Note:Not all-possible project design options are shown. As a rule of thumb,if an option
13 allows a full kitchen, then a wet bar is also permitted in place of or in addition to a full kitchen,
14 or, if an option allows a full bath, then a half bath is also permitted in place of or in addition to a
15 full bath.
16 2. ACC. = Attached or unattached accessory addition to principal structure with no internal
17 connection to the structure.May also be considered a lock-out unit.
18 ADD. = Addition to principal structure with an internal connection to principal structure. May
19 also be considered a lock-out unit.
20 3. A separate entrance is any entrance including sliding glass doors. A special exception may be
21 made if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not
22 create lock-out units, secondary dwelling units, guest units, dormitory_ or any other habitable
23 structures that create a separate independent living area.
24 4. A lockable internal connection exists when either household can lock out the other party.
Ordinance No.010-2021 Page 5 of 8
File 2019-098
1 5.An unlockable internal connection exists when one party cannot exclude the other party. An open
2 wall is an unlockable internal connection. A door or doorway is not an unlockable internal
3 connection. To be an unlockable internal connection, the cased opening must be 42 inches or
4 more in width.
5 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing 'stub outs' shall be
6 considered a kitchen.
7 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square
8 feet(including a sink with design limitations of one bin and limited to one (1) square foot in size)
9 with electricity limited to 110 volt service.
10 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum,
11 may contain a toilet and a sink.
12 9. YES =development proposal/design may be gpproved.
13 NO=development proposal/design shall not be approved.
14 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household
15 serving only as a permanent residential unit. Proposal cannot create lock-out units, secondary
16 dwelling units, guest units, dormitory or any other habitable structures that create a separate
17 independent living area occupied b.T�parate and independent household.
18 11. Limited to a separate entrance on a single family detached dwelling unit into an enclosed
19 backyard, courtyard or pool area of the residence. The separate entrance shall not create lock-out
20 units, secondary dwelling units, guest units,dormitor or other habitable structures that create
21 a separate independent living area.
22
23 P:ami4l fnea*s a per-sen living alene, E)r- people living teget4er- as a single hettsehold a-Rd
24 .
25
26 atAher-ized iste ial of ienshi-p
27 (2)t4r-ee tmr-elatedpeople;
28 (3)t tinr-elatedpeople r,aa*y ehild-or r-el4ed t eit4e,- ft4e ,
29
30 Household means all the people who occupy a dwelling unit. " hettseheld iffel ,des
31 ,
32
33
34 as a hettseheld.
35
36 Kitchen means any food preparation area larger than a wet bar, intended or designed to be used
37 for cooking or the preparation of food. The presence of a range, oven, utility connections
38 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as
39 establishing a kitchen.
40
41 Lock-out unit means any structure or room or group of rooms or portion of a single family or
42 multi-family dwelling or transient unit which creates a separate independent living area which
43 can be accessed and locked or keyed separately from the principal entry to a residential
44 dwelling unit or transient unit. Lock-out units create a separate independent living
45 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unit]
46 which requires an additional ROGO allocation or ROGO exemption and will be counted as a
47 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site.
48
Ordinance No.010-2021 Page 6 of 8
File 2019-098
I Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging
2 establishment as defined by Florida Statutes, intended for transient lodging only for periods
3 not exceeding 30 days. Transient occupancy shall conform to the definition contained in
4 Florida Statutes. For the purposes of density restriction:
5 (1)Hotel or motel unit may be a single bedroom and 1 1/z bathrooms or a hotel/motel unit may
6 be a suite which may include a kitchenette but no more than 1 1/z bathrooms and one bedroom
7 and one other living area.
8 (2) Suites containing more than one bedroom and 1 1/z baths may be constructed; however,
9 each bedroom/full bath combination shall be considered a hotel/motel unit.
10 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling
11 access so that the hotel or motel unit as defined herein is not divisible into separately
12 rentable units.
13
14 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel
15 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer.
16 Transient units, limited to hotel or motel rooms, may include lock-out units that meet the
17 criteria within the definition of"Room, Hotel or Motel' and shall require an additional ROGO
18 exemption for each lock-out unit.
19
20 Wet bar means is a food or drink preparation area limited to a total counter surface area of 16
21 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 volt
22 service.
23 *****
24
25 Policy 101.3.5
26 Due to the limited number of allocations and the State's requirement that the County maintain
27 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit
28 new transient residential allocations for hotel or motel rooms, and any lock-out units,
29 campground spaces, or spaces for parking a recreational vehicle or travel trailer until May
30 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in
31 existence before January 4, 1996 for use as a ROGO exemption.
32
33
34 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
35 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
36 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
37 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
38 provision immediately involved in the controversy in which such judgment or decree shall be
39 rendered.
40
41 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
42 this ordinance are hereby repealed to the extent of said conflict.
43
44 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
45 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
46
Ordinance No.010-2021 Page 7 of 8
File 2019-098
1 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
2 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
3 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
4 Statutes and after any applicable challenges have been resolved.
5
6 Section 6. Inclusion in the Monroe County Comprehensive Plan. The text amendment
7 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
8 amendment may be renumbered to conform to the numbering in the Monroe County
9 Comprehensive Plan.
10
11 Section 7. Effective Date. This ordinance shall become as provided by law and stated
12 above.
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular meeting held on the 19th day of May 2021.
16
17 Mayor Michelle Coldiron Yes
18 Mayor Pro Tenl David Rice Yes
19 Commissioner Craig Cates Yes
20 Commissioner Eddie Martinez Absent
21 Commissioner Mike Forster Yes
22
23
24
25
26 +— BOARD OF COUNTY COMMISSIONERS
2 OF MONROE e . • • • -•
1i1; I/1' bat'
. �
1, p *\\ BY r/"4 (a'j�I'
1 { MAYOR MICHELLE COLDIRON
.a'.
33 -
_
34 ATTEST: KEVIN MADOK,CLERK
35 Et-
36
37 AS DEPUTY CLERK -'
MONROE COUNTY ATTORNEY -
APPROVED AS TO FORM' o
C
DEREK�yr} OWARD
ASSISTANT OUNTY ATTORNEY
DATE
38
39
Ordinance No.010-2021 Page 8 of 8
File 2019-098
RUEN
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 388713
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
6 ( ,who on oath says that he or she is
of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,May 2,2021
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the purpose of securing this advertisement for publica-
�tiipgrrtt in th,�said newspap
(Signature of Affiant)
Affirmed,,Oh s ribe efor me this 11th day of May 2021
to Publi net j
No ary Public Printe Name) (Notary Seal)
My commission expires knj':)'
Personally Known X Produced Identification_
Type of Identification Produced
n
� a� " a}� ,rt C1a$�4 532
MONROECOPL-28-388713-1.pdf 1 5/11/21 4:38 PM
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE
MONROE COUNTY COMPREHENSIVE
PLAN
NOTICE QF' CHANGE TO THE
MONROE COUNTY LAND
DEVELOPMENT NODE
MAX 199 2021
NOTICE IS HEREBY GIVEN that on Wednesday,May 19,2021 the Monroe County Board of County
Commissioners will hold a Public Meeting,beginning at 09:00 AM.The BOCC meeting will be a hybrid
format with the County Commission members meeting live in Key West,while the public will be able to
participate via Zoom Webinar,The following items will be considered at a PUBLIC MEETING-
PUBLIC HEARINGS:1.30 PM(or as soon thereafter as maybe heard);
A RE$OLUTIgN qF THH NONAGE COUNTY BOARD qF �N 1��COMMI$SION R$RENOUNCING
AND DISCLAIMING ANY RIGHTOF THE COUNTY AND PUBLIC IN ANDTO THAT PORTION OFTHE RIGHT-
OF-WAY OF AN UNAMED ALLEY,AS SHOWN ON THE PLAT OF REVISED AMENDED PLAT OF RIVIERA
VILLAGE,PLAT BOOK 2,PAGE 80,BOUNDED ON THE NORTH BY MARLIN AVE;BOUNDED ON THE WEST
BY BLOCK 4,LOTS 4 AND 56-57;BOUNDED ON THE SOUTH BY DOLPHIN ROAD;AND BOUNDED ON
THE EAST BY BLOCK 4,LOTS 1-8.(FILE 2020-146)
A.N..QR I A E BY THE MNROIF COUNTY BOARD OF CAUNTY COMMISSIONERS AMENDING
POLICY 301.1.2 OF THE 203p NONAGE COUNTY GOMPREHENSNE PLAN TG? REFLECT THE U.S. 1
LOS TASK FORCE RECOMMENDATIONS TO THE BOGC ON THE LEVEL OF SERVICE METHODOLOGY;
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 NONAGE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2020-19 )
N 1 TRANSMITTING
TO THE7ATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY GOMMISS[ONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 20$0
COMPREHENSIVE PLAN TO AMEND POLICY 5Q1.1.7, OBJECTIVE 501,2,'POLICY 501.2.1, POLICY
501.2.2, POLICY 50t.2.3 AND POLICY 501.5.3 OF THE PORTS, AVIATION AND RELATED FACILITIES
ELEMENT TO ALLOW AIRPORT IMPROVEMENTS, WHICH MAY IMPACT WETLAND AREAS WHEN THERE
IS NO OTHER VIABLE ALTERNATIVE AVAILABLE,AT THE KEY WEST INTERNATIONAL AIRPORT AND THE
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT,CONSISTENT WITH THE AIRPORT MASTER PLAN
(AMP)AND AIRPORT LAYOUT PLAN(ALP)FOR EAGH'PUBLIC AIRPORT AND CONSISTENT WITH ALL
APPLICABLE FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS,INCLUDING MITIGATION
FOR ENVIRONMENTAL IMPACTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE.LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-145)
ADOPTING
AMENDMENTS TO THE NONAGE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY
TO MODIFY THE DEFINITION+OF ACCESSORY USE OR ACCESSORY STRUCTURE, MODIFY THE
DEFINITION OF DWELLING UNIT, DELETE THE 1EFINITION OF FAMILY, MODIFY THE DEFINITION OF
HOUSEHOLD, CREATE A DEFINITION'FOR KITCHEN, CREATE A DEFINITION FOR LOCK-OUT UNIT,
MODIFY THE DEFINITION OF TRANSIENT UNIT;CREATE A DEFINITION FOR WET BAR;AND AMENDING
POLICY i 01.3.5 TO ADDRESS THE TERtut LOCK-OUT UNI f PROVIDING FOR SEVERABILITY;PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-098)
p' OI 'A SE BY THE NONAGE COUNTY BOARD OF COU GQMI$SIONERS ADOPTING
AMENDMENTS TO THE NONAGE COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1 TO
MODIFY THE DEFINITION OF ACCE550RY USE OR ACCESSORY STRUCTURE,MODIFY THE DEFINITION
OF DWELLING UNIT,pELETE THE DEFINITION OF FAMILY,MODIFY THE DEFINITION OF HOUSEHOLD,
CREATE A DEFINITION FOR KITCHEN, CREATE A DEFINITION FOR LOCK-OUT UNIT, MODIFY THE
DEFINITION OF TRANSIENT UNIT,CREATE A DEFINITION FOR WET BAR;AND AMENDING SECTION 138-
23 TO ADDRESS THE TERM LOCK-OUT UNIT;PROVIDING FOR SEVERABIUTY;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
2019-099)
Please visit the Monroe County Webalte at ` monroecounty-fi oov 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
,��
MONROE COUNTY LAND V JOPM
EVELOPMENT
MAX 199 2021
NOTICE IS HEREBY GIVEN that on Wednesday, May 19,2021 the Monroe County Board of County
Commissioners will hold a Public Meeting,beginning at 09t00 AM.The BOCC meeting will be a hybrid
format with the County Commission members meeting live in Key West,while the public will be able to
participate via Zoom Webinar.The following items will be considered at PUBLIC MEETING:
PUBLIC HEARINGS-1:30 PM(or as soon thereafter as may heard):
A RESOLUTION OF THEM ROE COUNTY BO Q OP MISSIONS RENOUNCING
' AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO 7HRT PORTION OF THE RIGHT
OF-WAY OF''AN UNAMED ALLEY,AS SHOWN ON THE PLAT OF REVISED AMENDED PLAT OF RIVIERA
VILLAGE,PLAT BOOK 2,PAGE$0,BOUNDED ON THE NORTH BY MARLIN AVE;BOUNDED'ON THE WEST-
BY BLOCK 4,LOTS 4 AND 56-57;BOUNDED CN THE SOUTH Bl(DOLPHIN ROAD;ANp:BOUNDED ON,
THE EAST BY BLOCK;4,LOTS 1`-8.(FILE 2020-1466)
ORDINANCE BX THE MONRO O IINTY BQARQ OFOINTY Ct?MMI IONERA AMENDING
POLICY 301.1.2 OF THE 2030 MONROE COUNTY COMPREHENSIVE FLAN TO REFLECT THE U.S. 1
SERVICE METHODOLOGY;
LOS
TASK FORCE RECOMMENDATIONS TO THE BOCC ON THE LEVEL OF
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 2020-193)
TRANSMITTING
TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY '2030
COMPREHENSIVE PLAN TO AMEND POLICY 5Q1.i.7, OBJECTIVE 501,2, POLICY 501.2.1, POLICY
501.2.2, POLICY 501.2.3 AND POLICY 501.5.3 OF THE PORTS, AVIATION AND RELATED FACILITIES
ELEMENT TO ALLOW AIRPORT IMPROVEMENTS; WHICH MAY IMPACT WETLAND AREAS WHEN THERE
IS NO OTHER VIABLE ALTERNATIVE AVAILABLE,AT THE KEY WEST INTERNATIONAL AIRPORT AND THE
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT,CONSISTENT WITH THE AIRPORT MASTER FLAN
(AMP)AND AIRPORT LAYOUT PLAN(ALP)FOR EACH`PUBLIC AIRPORT AND CONSISTENT WITH ALL
APPLICABLE FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS,INCLUDING MITIGATION
FOR ENVIRONMENTAL IMPACTS; 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 COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-145)
37am=SEVERABILITY;
NCE BY TWh;O ' OI) BOARD OF GOU COMMISSIONERSADOPTING
TS TO THE MONRQE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY
THE DEFINITION OF ACCESSORY USE OR ACCESSORY STRUCTURE, MODIFY THE
OF DWELLING UNIT, DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION OF
D, GREATS A DEFINITION FOR KITCHEN, CREATE A DEFINITION FOR LOCK-OUT UNIT,DEFINITION OF TRANSIENT UNIT;CREATE A DEFINITION FOR WET BAR;AND AMENDING
.3.5 TO ApDRESSTHE TERM LOCK-OlJT UNIT 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 2019-098)
AN ORQINAN BY TH t3NROE G�i�._,_.... OARQ OF COUNTY MI IdNERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT GORE AMENDING SECTION 101-1 TO
MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY STRUCTURE,MODIFY THE DEFINITION
OF DWELLING UNIT DELETE THE DEFINITION OF FAMILY,MODIFY THE DEFINITION OF HOUSEHOLD,
CREATE A DEFINITION FOR KITCHEN, GREATER DEFINITION FOR LOCK-OUT UNIT, MODIFY THE
DEFINITION OF TRANSIENT UNIT,CREATE A DEFINITION FOR WET BAR;AND AMENDING SECTION 138-
23 TO ADDRESS THE TERM LOCK-OUT UNIT;PROVIDING FOR SEVERABILIIY;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
2019-099)
Please visit the Monroe County Website at www manroecounty-fi 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 w
vill need a
record of the proceedings,and that,for such purpose,he or she may need to ensure 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( )
L
between the hours of 8:30 a.m.-500 p.m.,no later than five(5)calendar days prior to the
meeting,if you are hearing or voice impalred,call"711.ey west CRizen
GJ�t C°UR"c
o: Kevin Madok, CPA
.. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida
•ROE COUNT. Y1
Dime 1, 2021
Department of State
Adtuiiiistrative Code& Register
500 S Bronough Street
Tallabassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 010-2021 adoptiiig arnendrnents to the
Monroe County 2030 Comprehensive Plan amending the glossary to modify the definition of
Accessory Use or Accessory Structure,modify the definition of Dwelling Unit, delete the definition
of Fatuily, modify the definition of Household, create a definition for Kitchen, create a definition
for Lock-Out Unit,modify the definition of Transient Unit; create a definition for Wet Bar; and
amending Policy 101.3.5 to address the term Lock-Out Unit; proxriding for severability; proxiding
for repeal of conflicting proxnsions; proxnding for transmittal to the State Land Planning Agency
and the Secretary of State; proxiding for amendment to and incorporation iii the Monroe County
Comprehensive Plan; proxriding for an effective date (File 2019-098).
This Ordinance was adopted by the Monroe Comity Board of Comity Commissioners at a
regular meeting, held iii formal session, on May 19, 2021. Should you have airy questions please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kexrin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-offrcio to the Monroe County
Board of County Commissioners
bv.•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
June 1, 2021
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. 010-2021, which was filed in this office on June 1, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270