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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 015 - 2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING SECTION 118-12 OF THE MONROE
12 COUNTY LAND DEVELOPMENT CODE TO ALLOW CERTAIN ACCESSORY
13 STRUCTURES WITHIN THE SHORELINE SETBACK; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
15 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
16 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
17 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
18 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
19
20 WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the
21 local legislature of Monroe County, Florida; and
22
23 WHEREAS, at a special meeting of the Monroe County Board of County Commissioners
24 (`BOCC", "Monroe County", or the"County")held on April 16, 2016,the BOCC adopted Ordinance No.
25 006-2016 amending the Monroe County Land Development Code ("Land Development Code", "LDC"
26 or"Code"); and
27
28 WHEREAS, the BOCC adopted Ordinance 025-2021 amending Chapter 118 of the Land
29 Development Code on September 15, 2021; and
30
31 WHEREAS, The requested amendment to the Land Development Code is to provide for certain
32 accessory structures in the shoreline setback which were inadvertently prohibited with the adoption of
33 Ordinance 006-2016; and
34
35 WHEREAS, the Monroe County Planning and Environmental Resources Department
36 ("Department") conducted a Community meeting on October 21, 2021, to review the proposed
37 amendment and to receive public comment; and
38
39 WHEREAS, the Monroe County Development Review Committee ("DRC") held a duly
40 advertised public meeting on October 26, 2021, to consider adoption of the proposed amendment to the
41 LDC, and provided an additional opportunity for further public comment; and
42
43 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or "PC") held
44 a duly noticed public hearing on January 26, 2022, to review and consider the proposed amendment and
BOCC Ordinance 015-2022 Page 1 of 5
File#2021-068
I adopted Resolution No. P02-22, recommending approval to the Monroe County Board of County
2 Commissioner; and
3
4 WHEREAS, at a duly noticed regular public meeting of the BOCC held on August 17, 2022, the
5 Monroe Board of County Commissioners held a public hearing, considered the staff report, and provided
6 for public comment and public participation in accordance with the requirements of state law and the
7 procedures adopted for public participation in the planning process; and
8
9 WHEREAS, on August 17, 2022, the BOCC also held a public hearing to consider adoption of a
10 corresponding amendment to the Monroe County Year 2030 Comprehensive Plan and adopted Ordinance
11 014 -2022; and
12
13 WHEREAS, the proposed LDC amendment is consistent with the amendments to the
14 Comprehensive Plan adopted in Ordinance 014 -2022; and
15
16 WHEREAS, based upon the foregoing, the Board of County Commissioners of Monroe County,
17 Florida, hereby makes the following findings of fact and conclusions of law:
18
19 1. The proposed amendment(s) is/are consistent with the Goals, Objectives and Policies of the
20 Monroe County Year 2030 Comprehensive Plan; and
21
22 2. The proposed amendment(s)is/are consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, 380.0552(7),Florida Statutes; and
24
25 3. The proposed amendment(s)is/are consistent with Part 11 of Chapter 163,Florida Statutes; and
26
27 4. The proposed amendment(s)is/are necessary and in furtherance of the constitutional, statutory,
28 and local police power(s) of Monroe County, Florida;
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
32
33 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but
34 not limited this ordinance's title, are true and correct, and are hereby incorporated as if fully stated herein.
35
36 Section 2. The Monroe County Land Development Code is hereby amended as follows
37 (deletions are stricken through; additions are underlined):
38 Sec. 118-12. Shoreline Setback.
39 (c) Accessory structures. Accessory structures, as defined in Section 101-1, within the shoreline
40 setback shall be constructed at a foundation height not to exceed 18 inches above existing grade
41 and shall meet the following design criteria:
42 (1) Along lawfully altered shorelines adjacent to manmade canals, channels, and basins:
BOCC Ordinance 015-2022 Page 2 of 5
File#2021-068
I a. In no event shall the total, combined area of all structures occupy more than 60 percent
2 (60%) of the upland area of the required 20-foot shoreline setback.
3 b, Accessory structures, including, but not limited to, pools, spas, and any screen enclosure
4 over pools or spas shall be set back a minimum of ten (10) feet, as measured from the
5 MHW line y kli 0im. .1;X( W!0 2fl �21'...do� q4.S. and c1'0S'Mt:. MR �LW"S.,. '1 1 IIAX Ssory:.
6 MRICILWC, .Nqh r 0.:..latl O'lose, qumm kJ above, tio� � �m ��^;� �iu��a���...1 �� u��m��:;.��m � u��:.q�m u �,��:� �� !11.� asurm,.d��:.
7 11-0tn wmm umC^!utd0lc.+ N�vu0 dg ����,"!. 20 im.. ....sclbacl< .. .... . ..
8 SuM,10m Ci 11 qm o,m....Ot ill) QmmN....irotn �11c' N111W Htle, atid...m M1M:�.:�Km Om +J �o avo�J atly...of S'Ne,.
9 m usm:: i �m`....mmi skq'inyv kl inmtn 0 lic, subj s O mE �ti m ������ � �m � yvu0 1....S Oumi„tl
10 g!-ad mim � i<s... tlom m,, m �i .�"° � �d q�m.t... u � q�m a �q�il t !Dm.LUt d ..�i mM1 Wy im:. ..!1�u b "'.
11 t"m" a �u0�m„��i..:yvioIdg �Iicl shore itic,sm Oiwmacl< MRH:AUt'C1 iS SiMlom, mi II k:',I.M Qth„ (J) i'm,N i"t-mmM.
12 Ogle.... 111W Htle, atid m ot1MrLKAC d O0 IYOW 111Y 01 h ds llar ,m of .Mmlmv Om r i"rmmtn Oq.l.e
13 � � "y� m q u .. m mm i �m �. N�Vu01 sc�"'6otl...11
14 (2) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
15 have been altered by the legal placement of fill, and where a mangrove fringe of at least ten
16 (10)feet in width exists, or native vegetation exists or is planted and maintained in a ten-foot
17 (10)width across the entire shoreline of the property and is placed under a grant of conservation
18 easement running in favor of the County.
19 a. In no event shall the total combined area of all structures occupy more than 30 percent
20 (30%) of the shoreline setback required for the principal structure.
21 b, ACCOSSOry structures, �q'��!q� tl �qi. r, �_ulpll; b:��wll ��qs;�:➢�Il��il� �:��w, q mwm �" � HFIN;i � �Ilfir'
22 Jz'1:W P 1:I14 s!..m mF Spa,s....other than docks and erosion control structures shall be set back a
23 minimum of 15 feet as measured from the MHW line or the landward extent of the
24 mangroves, whichever is farther landward, and shall be located in upland areas. t
25 m .ipilumm Stu b tnad� Vo y tnax�tnut��....Vou V"�; o� N;6j N,Va q �,vgy:... il�m ilq� ° �q��m� ;Htl or
26 mimmm q� ..�y ("IcJ UY m m����IMUCh Ci ut ,tm mm m,y �m Nyu01 ScA' 6m
27
28 (3) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
29 have been altered by the legal placement of fill, and where no mangrove fringe exists, and no
30 conservation easement of native shoreline vegetation exists pursuant to Section 118-12(b)(4)b:
31 a. In no event shall the total combined area of all structures occupy more than 30 percent
32 (30%) of the shoreline setback required for the principal structure.
33 b. Accessory structures, ..4i 4tfld�4 t bl+l! Ho �ii4ed.:;44� �"rOt!!wk� rKH;i...MV:err itffeefi
34 t:wVe.F p Wok m wq Spas, other than docks and erosion control structures, shall be set back at
35 least half the distance of the setback required for the principal structure, or 15 feet,
36 whichever is greater, as measured from the MHW line, and shall be located in upland
37 areas yg. m m �.tu,�umm � sl„ujgq be,..tnadml...immr a tnax; tnutn immu 1mmmm0�;;;.yyumic..:yVaH4yV:y6Y38
0 lm....m a btu �.�,���Vu � �N„1Cu �N Oo
..a or yv u r am." � ss MRK LWu
39m
40 (4) Along unaltered or unlawfully altered shorelines:
BOCC Ordinance 015-2022 Page 3 of 5
File#2021-068
I a. In no event shall the total combined area of all structures occupy more than 30 percent
2 (30%) of the shoreline setback required for the principal structure.
3 b. Accessory structures ....0 u��� ���� ����u��r, t).0 �wt it O, P:011�114s ..S, N'I 7 iold H H.�)?,
4 S H:N:4 1 t4l kisEii�e tVOe �)Otik oi...s :K.H7 other than docks and erosion control structures, shall
5 be set back a minimum of 25 feet, as measured from the MHW line or the landward extent
6 of the mangroves, whichever is farther landward, and shall be located in upland areas. g
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................
9 ..::::....`"....
10
11
12 Section 3. Construction and Interpretation. This ordinance and its interpretation shall be
13 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
14 policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County
15 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
16 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this
17 ordinance shall be liberally construed and enforced in favor of Monroe County to effectuate its public
18 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such
19 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
20 at trial, bankruptcy, and on appeal.
21
22 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
23 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
24 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
25 liability.
26
27 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is
28 held to be invalid or unenforceable by any administrative hearing officer or court of competent
29 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
30 neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance,
31 or any remaining part(s)or portion(s)thereof. All other provisions of this ordinance, and remaining part(s)
32 or portion(s)thereof, shall continue unimpaired in full force and effect.
33
34 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
35 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
36 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
37
38 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
39 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
40
41 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the
42 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida State
43 Land Planning Agency or Administration Commission finding the amendment in compliance with
44 Chapter 163, F.S., and if challenged until such challenge is resolved.
45
BOCC Ordinance 015-2022 Page 4 of 5
File#2021-068
1 Section 9. Inclusion in the Land Development Code. The amendment shall be
2 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
3 amendment may be renumbered to conform to the numbering in the Monroe County Land Development
4 Code.
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
7 at a regular meeting held on the 17th day of August , 2022.
8
9 Mayor David Rice Yes
10 Mayor Pro Tern Craig Cates Yes
11 Commissioner Michelle Coldiron Yes
12 Commissioner James K. Scholl Yes
13 Commissioner Holly Raschein Yes
14
15
16 BOARD OF COUNTY COMMISSIONERS
17 .,.. OF MONROE COUNTY,FLORIDA
1 80 0 di
19jff as `tom
2a
2 11 ` 4 By:
2 - Mayor avid Rice
2 e �� - +' MONROE CO ATTORNEY
23 °, r== s APP2t61 TO FORM
24 M�
>;Ntv PETER MORRIS
25 A . VIN MADOK, CLERK ASSISTANT COUNTY ATTORNEY
Date: 8/2/22
26
27
28 w44
29 fJ As De uty C erk
30
_I
-
1' �i4.
BOCC Ordinance 015-2022 Page 5 of 5
File#2021-068
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
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3856671
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per 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 newspa-
per in the issues of:
Saturday,July 30,2022
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 Tuesday thru
Saturday weekly,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 advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 10th day of August 2022
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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Deal on Capitol Hill could
ease seniors health costs EDMON uu�H�uu
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BY MATT SEDENSNY AND to bring relief to millions of expert with the nonpartisan Yd � •ri I E KEYS
CARLA N.JOHNSON people Kaiser Family Foundation
The Assrocated Press h old cap out-of-pocket was likewise optimistic say
d tt at for� yea, mg'cnngiessisnnthecnsp �' wrromps�+� T
A deal on Capitol Hill M dcare beneficiaries No ofmakmg major An
to •. .,,,;�/� ""`
that could cut prescription such limit exists today,and the Medicare drug benefit
drug costs for millions of some older people on costly that could provide significant MONROE COUNTY BOARD 0 F COUNTY
Medicare beneficiaries herbo was,lder drugs can run up dAFLOObills of tells help to people struggling COMMISSIONERS NOTICE OF PUBLIC MEETING
Acautiously cheered 6y older of thousands ofdollars. with their drug costs."
mericaiisandtheir advo- •It would give Medicare,for If passed,ail estimated AND NOTICE OF PUBLIC HEARING NOTICE OF
cares Thursday even as many the first lime,the ability to 4.1 million Medicare belle- CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
Tied it might never come directly negotiate with phar- ficiaries would start getfing
to It ceutical companies met free vaccines as soon as next NOTICE OF CHANGE TO MONROE COUNTY
The health cue mid chmate the price of drugs,though the year,Neuman said.Drug LAND DEVELOPMENT CODE
agreement struck by Senate number of medications sub- companies would also be
Majority Leader Chuck jectto the provisionwould be required to start giving the NOTICE OF CHANGE TO MONROE COUNTY
Schumer and Democratic. limited rebatesnextyear. LAND USE DISTRICT(ZONING)MAPS
Sen.Joe Manchin includes •It would create a new"fit- other proposals would
landmark provisions that fiation rebate"requiring drug take longer to kick in.The AUGUST 17,2022
co
uld help senior citizens, companies to give refunds to cap on out-of-pocket spend-
including a cap on out-of- Medicare beneficiaries for in- ing--estimated to help NOTICE IS HEREBY GIVEN that on Wednesday Auaus 17 2022 the Manr°e C.U*Baaa Of C.s*Cammisianers
pocket Medicare drug costs creases in prescription drug 1.�15 million people--would 'MII 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.The public will be able to paNcipate via Zoom Webinar.The
and a requirement that the prices that exceed the rate of start in 2025.And in 2026,the following items will be con,itleatl at a PUBLIC MEETING:
government egotiate pricesinflation, government would be able PUBLIC HEARINGS'1'30 PM far as soon there after as avbe heard:
mehigh-costdrugs. •It would provide coverage of to start negotiating prices, m
oilSome of the is s ad- es for senior citizens. beginning with 10 drugs and AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING EVALUATION
AND APPRAISAL AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND CHAP-
dressed in the deal have Some Medicare beneficia- i acing to 20 by 202N. TER 10,INTRODUCTION AND BACKGROUND,AMEND CHAPTER 2.0,INCLUDING 21 GENERAL COUNTY
been talked about for de- ties have had to pay out of nMedicare can't currently ELEMENT AND CREATING 22 PRIVATE PROPERTY RIGHTS ELEMENT,AMEND CHAPTER 3 0,INCLUDING
cades and proved elusive But pocket for recommended negotiate drug prices with 31 TUTU
RE LAND USE ELEMENT,32 CONSERVATION AND COASTAL MANAGEMENT ELEMENT,33 TRAFFIC
Manchin's backing brought im tizations,such as the pharmaceutical companies, CIRCULATION ELEMENT,3 4 MASS TRANSIT ELEMENT,3 5 PO RTS,AVIATION AND RELATED FACILITIES EL-
EMENT,30 HOUSING ELEMENT,3 7 POTABLE WATER ELEMENT,3 8 SOLID WASTE ELEMENT,30 SANITARY
Ilew optimism to many who one against shingles. leaving taxpayers on the SEWER ELEMENT,310 DRAINAGE ELEMENT,311 NATU EVIL GROUNDWATER AQUIFER RECHARGE ELEMENT,
have lobbied and prayed for one
proposals were hook to pay for whatever the 312 RECREATION AND OPEN SPACE ELEMENT,313 INTERGOVERNMENTAL COORDINATION ELEMENT,
relief. more generous and,along companies charged,said Bill 314 CAPITAL IMPROVEMENTS ELEMENT,AND 315 ENERGY,RESILIENCVAND CLIMATE ELEMENT,AND TO
"We worry constantly,'Will the way,provisions to pay for Sweeney,a senior vice pi'esi- AMEND DEFINITIONS WITHIN THE GLOSSARY,TO UPDATE THE TEXT OF THE COMPREHENSIVE PLAN TO
REFLECT CHANGES IN STATUTORY AND RULE REQUIREMENTS,TO UPDATE DEADLINES WITHIN THE COM
-
webeabletoaffordthis"" r citizens'glasses,hear- dent at Ak PREHENSIVE PLAN,TO ELIMINATE ACCOMPLISHED OR OBSOLETE PROVISIONS,TO MAKE CORRECTI 0NS TO
said Becky Miller,a 67-year- ling aids and dental care were "Why would we create a TEXT AND ELIMINATE GRAMMATICAL ERRORS,ANDTOAMENDPROVISIONSTOREFLECTCHANGESINLO
-
old retired teacher from trimmed But news of a pos- situation where we're at the CAL COND ITIONS AND RECENT DATA TRENDS ISSUES AN D CHALLENGES,AND TO UPDATE MAP ATLAS MAP
Bradenton, PLorida, who Bible deal still drew applause mercy of the drug comps- SERIES3-7(COASTAL HIGH HAZARD AREA)TOBECONSISTENTWITHTHEFLORIDADIVISIONOFEMERGEN
-
dthousandsofdollars "This would nonetheless rues to whatever the PROVIDINGMA FOR TS REPEAL OF TO CONFLICTING
H MODEL OVISIOORMONROECOUNTY,PROM D ING FORSEVERABILITY,
spans paw y PROVIDING FORREPEALOFCONFLICTINGPROVISIONS,PROVIDING FORTR/WSMITTAL TO THESTATE LAND
each year for drugs to treat be transformational,just not charge?"he asked- PLANNING AGENCVAND THE SECRETARVOF STATE,PROVIDING FORAMENDMENT TO AND INCORPORATION
epilepsy,heart problems and as transformational,"said The Senate is expected IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE(FILE 2021-129)
an inflammatory disease that David Lipschutz,associate Co vote on the wide-ranging AN ORDINANCE BYTHE MONK OE COUNTYBOARDOFCOUNTYCOMMISSIONERSAMENDING POLICV212.24
affects her spine director of the nonparty- m text week, but OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO ALLOW CERTAIN ACCESSORY STRUCTURES
She is afraid the powerful s n Center for Medicare with s the chamber divided WITHIN THE SHORELINE SETBAC K,PROVID NO FOR SEVEMBILITY,PROVIDING FOR REPEAL OFCONFLICT
ING PROVISIONS,PROVIDING FOR TRANSMITTALTO THE STATE LAND PLANNING AGENCVAND THE SECRE
pharmaceutical lobby might Advocacy. "It might not 50-50 and the Republicans -
-
11 OF STATE,PROVIDINGFORAMENDMENTTOANDINCORPORATIONINTHEMONROECOUNTVCOMPRE-
still thwart the plan,but said, have been everything that staunchly opposed, the HENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE(FILE 2021-067)
"If this goes through,it will everyone hoped for h'om the Democrats will have 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 118-
help a lot of people" beginning,but this is none- votes to spare A House vote 12 OF THE MONROE COUNTY LAND DEVELOPMENT CODE TO ALLOW CERTAIN ACCESSORY STRUCTURES
Several prongs of the theless a huge step" would follow,perhaps later in WITHIN THE SHORELINE SETBACK,PROVIDING FOR SEVEMBILITY,PROVIDINGFORREPEALOFCONFLICT
-
proposaL have the potential 71'icia Neuman,aMedicai'e August. ING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SEC-
RETARY OF STATE,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE,PROVIDING F0RAN EFFECTIVE DATE(FILE 2021-068)
NOTICE OF PUBLIC HEARING CWI KEYS HOTEL LLC 61 HAWKS CAY BOULEVARD DUCK KEY MILE MARKER 61 A PUBLIC HEARING
C ONCERNINGA REQUEST FORA CHANGE(AMENDMENT)TOA DEVELOPMENT OF REGIONAL IMPACT(DRI).
ON PROPOSED ORDINANCE T HE REQUESTED CHANGE RELATES TO THE RELOCATION OF EXISTING SQUARE FOOTAGE AVAILABLE FOR
EXPANSION FROM DEVELOPMENT CORRIDOR 4 AND THE CONVENTION FACILITIES TO THE COMMERCIAL
MARINAAREAAND RECOGNITION OF NONCONFORMING SQUARE FOOTAGE IN ORDER TO REDEVELOP AND
The City Commission of the City of Key West,Florida,will consider EXPANDTHEMARINASTORE LOCATEDATTHE DEVELOPMENTSITE COMMONLY KNOWNAS HAWKSCAY THE
SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND IN SECTION 21,TOWNSHIP 65 SOUTH,RANGE
the following Ordinance for Second Reading at a meeting and public 34 EAST,DUCK KEY,MONROE COUNTY,FLORIDA,HAVING PARCEL IDENTIFICATION NUMBERS 00378390-
hearing to be held at 5:00 p.m.,or as soon thereafter as the matter 000000,00378380-000000,AND 00378380 000102(FILE 2022-139)
may be heard,on August 16,2022 at City Hall,1300 White Street. AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-140 SAFE HARBOR COMMUNITY CENTER OVERLAY
(SHCC),ESTABLISHING PURPOSE AND INTENT,PERMITTED USES,DENSITYAND INTENSITY,OFF STREET
PARKING,REQUIRED SETBACKS,SIGNAGEAND THE BOUNDARY OF THE OVERLAY DISTRICT WHICH IS GEN-
ORDINANCE NO. ERALLY COMPRISED OF CERTAIN AREA ON STOCK ISLAND,MONROE COUNTY,FLORIDA,BOUNDED BY
FRONT STREET TO THE EAST,FOURTH AVENUE TO THE NORTH,FIFTH AVENUE TO THE NORTH,SHRIMP
ROAD TO THE WESTAND SHRIMP ROAD TO THE SOUTH BUT EXCLUDING CERTAIN PROPERTY OWNED By
THE UTILITY BOARD OF THE CITY OF KEY WESTAND CERTAIN PROPERTY OWNED BY THE FLORIDA KEYS
AWE UCTAUTHORITY BOUNDED BY FRONT STREET TO THE EAST,AS PROPOSED BV SMITWTAW KS,PL ON
BEHALF OF LONGSTOCK IL LLC PROVIDING FORSEVEMBILITY,PROVIDINGFOR REPEALOF CONFLICTI NG
An Ordinance of the City of Key West,Florida,amending Chapter PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCV AND THE SECRETARY
OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE,PROVIDING FOR AN EFFECTIVE
108 of the Land Development Regulations,entitled"Planning and DATE(FILE 2018-169)
Development';Article XI
l entitled"Workforce-Affordable Housing AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
Initiative';Section 108-1153 entitled,"Period of allocation and dis- COUNTY LAND USE DISTRICT(ZONING)MAP TO APPLY THE SAFE HARBOR COMMUNITY CENTER(SHCC)
tribution';to rovide for Building Permit AllocationSystem units OVERLAY DIST RICTFOR PROPERTIES LOCATED AT APPROXIMATELY Mal 5,57004THAVE.,6460 FRONTST.,
P g 55505THAVE.,6811 SHRIMP RD.,55505THAVE.,55505THAVEI-10,6630 FRONTST.,6500 FRONTST,6840
for the properties at 241 Trumbo Road(RE#00001720-000100) FRONT ST.,6805 SHRIMP RD.,6803 SHRIMP RD.,6991 SHRIMP RD.,7009 SHRIMP RD.,7007 SHRIMP RD.,
and240Trumbo Road(RE#00001720-000300);providing for con- 7011 SHRIMP RD.,7025 SHRIMP RD.,7075 SHRIMP RD.,7005 SHRIMP RD.,BAY ELM.OF SHRIMP RD.,7821
SHRIMP RD.,6810 FRONT STAND 7001 SHRIMP RD.,STOCK ISLAND,MONROE COUNTY,FLORIDA,HAVING
current and conditional adoption upon adoption of Comprehen- PARCEL DS 00123570-000000,00123770-000000,00127250-000000,00127280-000000,00127290-000000,
sive Plan amendments;providing for severability;providing for 00127380-000000,00127280-000200,00123730-000100,00123800-000101,00123800-000102 00123720-
000400,00123600-000101,00123600-000102,00123540-000000,00123761-000100,00123761-000200,
repeal of inconsistent provisions;providing for an effective date. 00123761-000300,00123761-000500,00123761-000600,00123761-000700,00123761-000800,001 2 3761
000900,00123761-001000,00123762-000000,00123660-000000,00123731-000000,00123590-000000,
AND 00123761-000400,AS PROPOSED BY BANIA ONE,LLC,BERNSTEIN BENJAMIN RESIDUARY TR B U/T/T,
BERNSTEIN BENJAMIN TRUST B,BYRON CO LLEVAND TONITAA DAVIS HAW,CONSTELLATION YACHTS,INC.,
This proposed ordinance may be read in its entirety by requesting HARBOR BAY INVESTMENTS,LLC,JKVD,LLC,K W RESORT UTILITIES CORP,KEVWEST TRANSFER STATION
a CO from the City Clerks Office b either phoning 305-309-3335 &HAULING SERVICE,INC,KEYS FRESH SEAFOQU,LLC,LONGSTOCK IL LLC',ROBBIES SAFE HARBOR MA-
PY y y P 9 RwE EN TER PRISES,SAFE HARBORENTERPRISES,LLC SAFE HARBOR PROPERTIES,LLC AND SIMV HOTEL
to request a copy or entailing cilofkeywest-fl.gov A full 1,LLC PROVIDING FORSEVEMBI U TY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING
CO will also be published with the August 1Q 2022 agenda ends at WNW. FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING
PY P 9 9 FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP',PROVIDING FORAN EFFECTIVE DATE(FILE
cityofkeywest-fl.gov.Any interested party who wishes to speak on this 2019-062)IS..Miss 1 Billawl
ordinance should contact the City Clerks Office prior to the meeting. MAP 1
Pursuant to F.S.286.0105,notice is given that if a person decides
L
to appeal any decision made by the Commission with respect to any
matter considered at such meeting or hearing,that person will need -'
a record of the proceedings,and that,for such purpose,that person e
may need to ensure that a verbatim record of the proceedings is
made,which record includes the testimony and evidence upon which
the appeal is to be based.
ADA ASSISTANCE:It is the policy of the City of Key West to comply
with all requirements of the Americans with Disabilities Act(ADA). Please vlau the maniac canmvwebaue at www.maniac°anmv-n.aavmrmeetmaaaenaanaaateaanammr-
Please call the TTY number at 1-800-955-8771 or for voice 1-800-955- °" naran the war°a °ran va'lable t°the°ubl's t°v'ew the I've meeTno antll°r t°make°ubl's
me�ia an°enam aaenna uema.°
8770 or the ADA Coordinator at 305-809-3811 at least five business Pursuantm seoaon 2e6 oloa Hondasmwte°,iraperaon deddeamappeal arty deoi°ion or me eoam oreounry
days in advance for sign language interpreters,assistive listening eommi°alone",with,,pentt,ony-heroonstde"d atUc-incol-h-ingInc-he will needs",odor
the pmceeding°,and mat,torauch puwose,he orshe mayneed m ensu"ave,naam"cod of the pmoeeaing°
devices,or materials in accessible format. s made,whoh",o d nudes the tesamonya evidence upon which the appeal"m be based.
ADAASSISTANCE.If you as ape"on with a Aissbility who needs special a000mmoAations in orderto participate
in this proceeding,please contact the County Administ"tor's Office,by phoning(305)292-4441,between the
hou"of 8.30 sun-500 p.rn no later than live(5)calendar days pri or to the scheduled meeting if you as
hearing orvoice impai,d an"711"
Cheryl Smith,MMC,CPM
City Clerk
Publish:Saturday,July 30,2022 The Key West CuiR,n(a867) Publish Satu relay,July 30 2022
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
September 14, 2022
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance No. 015-2022 by the Monroe County Board of County
Commissioners amending Section 118-12 of the Monroe County Land Development Code to
allow certain accessory structures within the shoreline setback; providing for severability; proN*di
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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 17, 2022. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by.•Liz YonPzre, Deputy Clelk
cc: Planning and Lnvirontnental Resources
County Administrator
Cotulty Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
September 14, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 015-2022, which was filed in this office on September
14, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270