Ordinance 011-2021 4 .
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.011 -2021
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1
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 SECTION 138-23 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 INCLUSION IN THE MONROE COUNTY
25 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
26 DATE. (FILE 2019-099)
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
45 (excluding applications proposing only affordable housing dwelling units); with proposed
46 occupancy by "three unrelated people" or "two unrelated people and any children related to either
47 of them" of a dwelling unit, and applications utilizing the term "lock-out"; and
Ordinance No. 011 -2021 Page 1 of 7
File 2019-099
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. P26-20
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.011 -2021 Page 2 of 7
File 2019-099
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 May 19, 2021, the Monroe County
7 Board of County Commissioners held a public hearing, considered the staff report, and provided
8 for public comment and public participation in accordance with the requirements of state law and
9 the procedures adopted for public participation in the planning process; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying staff report, the Monroe County Board of County Commissioners makes the
18 following Conclusions of Law:
19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
20 Monroe County Year 2030 Comprehensive Plan; and
21 2. The proposed amendment is consistent with the Principles for Guiding Development for
22 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
23 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
24 4. The proposed amendment is necessary due to new issues and the need for additional
25 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
26 Code.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
30
31 Section 1. The Monroe County Land Development Code is hereby amended as follows:
32
33
Proposed Amendment: deletions are stfi ke *h-otigi.; additions are shown in underlined.
34
35 Sec. 101-1. -Definitions.
36 The following words, terms and phrases, when used in this chapter, shall have the meanings
37 ascribed to them in this section, except where the context clearly indicates a different meaning:
38
39 Accessory use or accessory structure means a use or structure that:
40 (1) Is subordinate to and serves an existing principal use or principal structure; and
41 (2) Each individual accessory use or accessory structure as well as in total/combined, is
42 subordinate in area (for this definition docks, pools, pool decks, driveways are
43 excluded from the total area), extent and purpose to an existing principal use or
44 principal structure served; and
Ordinance No.011 -2021 Page 3 of 7
File 2019-099
1 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use
2 or principal structure served; and
3 (4)Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as
4 the lot/parcel on which the principal use or principal structure is located; and
5 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal
6 use or principal structure, excluding accessory docking facilities that may be
7 permitted on adjacent lots/parcels pursuant to section 118-12; and
8 (6) Is located in the same land use (zoning) district as the principal use or principal
9 structure, excluding off-site parking facilities pursuant to section 114-67.
10
11 Accessory uses include the utilization of yards for home gardens, provided that the
12 produce of the garden is for a non-commercial purpose. In no event shall an accessory use
13 or structure be established prior to the principal use to which it is accessory. With approval
14 from the Planning Director, an accessory use or structure may continue if its principal use
15 or structure is discontinued or removed for redevelopment, provided that the owner is
16 moving forward with continual development and with active concurrent permits for
17 redevelopment of a principal use or structure. Accessory uses shall not include secondm
18 dwelling units or lock-out units or any other habitable structures that are occupied by a
19 separate and independent household ram.
20
21 Dwelling unit means one or more rooms physically arranged for occupancy by one
22 residential household sharing common living, a kitchen (cookingl, and bathroom te4e4
23 facilities. Dwelling units shall not include additional dwelling units, secondary dwellingunits,
nits,
24 lock-out units, or any other habitable structures that create a separate independent living area
25 that are occupied by a separate and independent household, without an additional ROGO
26 allocation or ROGO exemption. In reviewing development proposals for dwelling units, to
27 ensure lock-out units or any other habitable structures that create a separate independent living
28 area are not created, the proposal shall comply with the following:
29
30
Bldg. Lockable Unlockable
z Separate Full Wet Full Half g
vx Entrance 3 Internal Internal Kitchen 6 Bar 7 Bath 8 Bath 8 Allowed
Connection a Connection-5
X NA NA X - X - NO
ACC. X NA NA X X
X NA NA X_ - - X_ NO
NO
X NA NA - X_ - X_ NO
X NA NA - X YES io
X X - X - X - NO
X X I X_ X - NO
Xll X - - X X - YES io
X X - - X - X NO
ADD. Xii X - - X - X YES io
X X - - - X - YES io
X X - - - X_ YES io
X - - X X YES io
- X - X - X - NO
Ordinance No. 011 _2021 Page 4 of 7
File 2019-099
X - - - X X - NO
X - X X - X - NO
X - X - X_ X - NO
X - X - X X YES i0
X - X - - X - YES
- X - - X - YES
X X X - NO
2 1. General Note:Not all-possible project design options are shown. As a rule of thumb,if an option
3 allows a full kitchen, then a wet bar is also permitted in place of or in addition to a full kitchen,
4 or, if an option allows a full bath, then a half bath is also permitted in place of or in addition to a
5 full bath.
6 2. ACC. = Attached or unattached accessory addition to principal structure with no internal
7 connection to the structure.May also be considered a lock-out unit.
8 ADD. = Addition to principal structure with an internal connection to principal structure. May
9 also be considered a lock-out unit.
10 3. A separate entrance is any entrance including sliding glass doors. A special exception may be
11 made if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not
12 create lock-out units, secondary dwelling units, guest units, dormitory_ or any other habitable
13 structures that create a separate independent living area.
14 4. A lockable internal connection exists when either household can lock out the other party.
15 5.An unlockable internal connection exists when one party cannot exclude the other party. An open
16 wall is an unlockable internal connection. A door or doorway is not an unlockable internal
17 connection. To be an unlockable internal connection, the cased opening must be 42 inches or
18 more in width.
19 6. A full kitchen is an.. f�preparation facility larger than a wet bar. Plumbing 'stub outs' shall be
20 considered a kitchen.
21 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square
22 feet(including a sink with design limitations of one bin and limited to one (1) square foot in size)
23 with electricity limited to 110 volt service.
24 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum,
25 may contain a toilet and a sink.
26 9. YES =development proposal/design may be approved.
27 NO=development proposal/design shall not be approved.
28 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household
29 serving onlypermanent residential unit. Proposal cannot create lock-out units, secondary
30 dwelling units, guest units, dormitory or any other habitable structures that create a separate
31 independent living area occupied by a separate and independent household.
32 11. Limited to a separate entrance on a single family detached dwelling unit into an enclosed
33 backyard, courtyard or pool area of the residence. The separate entrance shall not create lock-out
34 units, secondary dwellingunits,nits, guest units,dormitory or any other habitable structures that create
35 a separate independent living area.
36
37
38 .
39 (1) Any r acr of people r-el4 ,a by blood, fnafFiage, adoption, n„ dip d
40 „Ahe-ize iste ial of ienship;
41 ,
42 .
43
Ordinance No. 011 -2021 Page 5 of 7
File 2019-099
I Household means all the people who occupy a dwelling unit. " hetts,,hel
2
3
4
5 i.ettse 4,a
6
7 Kitchen means any food preparation area larger than a wet bar, intended or designed to be
8 used for cooking or the preparation of food. The presence of a range, oven, utility connections
9 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as
10 establishing a kitchen.
11
12 Lock-out unit means any structure or room or group of rooms or portion of a single family
13 or multi-family dwelling or transient unit which creates a separate independent living area
14 which can be accessed and locked or keyed separately from the principal entry to a residential
15 dwelling unit or transient unit. Lock-out units create a separate independent living
16 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unitl
17 which requires an additional ROGO allocation or ROGO exemption and will be counted as a
18 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site.
19
20 Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel
21 room, a seasonal residential unit, a campground space, an institutional residential use, or a
22 recreational vehicle space. Transient units, limited to hotel or motel rooms, may include lock-
23 out units that meet the criteria within the definition of"Room, Hotel or Motel' and shall require
24 an additional ROGO exemption for each lock-out unit.
25
26 Wet bar means is a food or drink preparation area limited to a total counter surface area
27 of 16 square feet, a single one-bin sink of one square foot, and electrical service limited to 110
28 volt service.
29
30 *****
31
32 Sec. 138-23. -Moratorium on New Transient Units.
33 New transient residential units, such as hotel or motel rooms (and any lock-out units), seasonal
34 residential units, or campground, recreational vehicle or travel trailer spaces, shall not be
35 eligible for residential ROGO allocations until May 1, 2022.
36
37
38 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
39 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
40 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
41 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
42 provision immediately involved in the controversy in which such judgment or decree shall be
43 rendered.
44
45 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
46 this ordinance are hereby repealed to the extent of said conflict.
47
Ordinance No.011 -2021 Page 6 of 7
File 2019-099
1 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency as required by F.S. 380.05 (II) and F.S. 380.0552(9).
3
4 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
5 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
7 Statutes and after any applicable challenges have been resolved.
8
9 Section 6.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
10 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
11 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
12 marking system of the Code.
13
14 Section 7. Effective Date. This ordinance shall become as provided by law and stated
15 above.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the 19th day of May 2021.
19
20 Mayor Michelle Coldiron Yes
21 Mayor Pro Ter David Rice Yes
22 Commissioner Craig Cates Yes
23 P, a Commissioner Eddie Martinez Absent
- Commissioner Mike Forster Yes
25
26 - .
27
28
29 - BOARD OF COUNTY C a u u SIONERS
r
OF MON$CIE 4;eigl FLOI/,
BY
f � ; .m MAYOR MICHELLE COLDIRON
ray
j '4SEAL)r
37A �KEV MADOK,
38
39 AS DEPUTY CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM'
DEREK OWARD
ADSISTANT OUNTY ATTORNEY
DATE 05-03-2021
40
41
Ordinance No.011 -2021 Page 7 of 7
File 2019-099
RUEN
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 388713
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
6 ( ,who on oath says that he or she is
of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,May 2,2021
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the purpose of securing this advertisement for publica-
�tiipgrrtt in th,�said newspap
(Signature of Affiant)
Affirmed,,Oh s ribe efor me this 11th day of May 2021
to Publi net j
No ary Public Printe Name) (Notary Seal)
My commission expires knj':)'
Personally Known X Produced Identification_
Type of Identification Produced
n
� a� " a}� ,rt C1a$�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. 011-2021 adoptiiig arnendrnents to the
Monroe county Land Development Code 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, 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; proxriding for severability;
proxnding for repeal of conflicting proxnsions; proxnding for transmittal to the State Land Plarnmig
Agency and the Secretary of State; proxriding for inclusion iii the Monroe Comity Land
Development Code; proxriding for an effective date (File 2019-099).
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: Planniiig& 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. 011-2021, 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
Final Order No. DEO-21-027
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION -
ADOPTED BY MONROE COUNTY, FLORIDA,
v
ORDINANCE NO. OI I-2021
-
y
ti
FINAL ORDER r c
APPROVING MONROE COUNTY ORDINANCE NO.011-2021
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. 011-2021 (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 May 19, 2021 and rendered to
the Department on June 21, 2021.
3. The Ordinance amends the Monroe County Land Development Code (the"Code")
to modify Section 138-23, Moratorium on New Transient Units, to add "lock-out units" and
"seasonal residential units" to the list of transient units that are ineligible for ROGO allocations
until May 1, 2022.
4. The Ordinance also amends Section 101-1, Definitions, to modify existing
definitions for the following terms: "accessory use or accessory structure," "dwelling unit,"
"household,"and"transient unit."The Ordinance also removes the definition for the term"family"
and creates definitions for the following terms: "kitchen,""lock-out unit,"and "wet bar."
1
Final Order No. DEO-21-027
CONCLUSIONS OF LAW
5. 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.
6. "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.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies
101.3.1, 101.3.2, and 101.3.5, and Objective 101.5.
8. 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.
9. 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.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(t) To enhance natural scenic resources, promote the aesthetic benefits of the
natural environment, and ensure that development is compatible with the unique
historic character of the Florida Keys.
(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.
2
Final Order No. DEO-21-027
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.011-2021 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.
Irta
• es D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-21-027
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
AG ENCY.CL ERK@DEO.MYFLOR IDA.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-21-027
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
"bb'eeen furnished to the
following persons by the methods indicated this pC(/ ^ day of a� (/ , 2021.
Lea-VALWA _ yf '
Jaiden Foss
Agency Clerk
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
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5