Ordinance 021-2022 �rr
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO.021-2022
9
10 AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE
11 PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
12 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN
13 SPACE REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING
14 RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED
15 AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE
16 MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN
17 LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
21 AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
22 PROVIDING FOR AN EFFECTIVE DATE.
23
24
25 WHEREAS, Monroe County may, pursuant to Article 8 of the Florida Constitution and Florida
26 Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and
27 visitors to the County; and
28
29 WHEREAS, on April 15, 1993, the Monroe County Board of County Commissioners ("BOCC",
30 "Monroe County", or the "County") adopted the 2010 Monroe County Comprehensive Plan; as amended
31 pursuant to Department of Community Affairs Rule 91-14.022, Florida Administrative Code ("F.A.C.")
32 on January 4, 1996, and adopted by F.A.C. Rule 28-20.100 Part 1, January 2, 1996 and Part 11, July 14,
33 1997; and
34
35 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
36 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
37 comprehensive plans to reflect changes in local conditions; and
38
39 WHEREAS, on August 18, 2004, the Monroe County Board of County Commissioners adopted
40 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute Section 163.3191, for the 2010
41 Monroe County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in
42 accordance with the 2004 EAR; and
43
44 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via
45 Resolution No. 150-2012 adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida
46 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted
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I Comprehensive Plan amendments in accordance with the 2012 EAR; and
2
3 WHEREAS, after statutory updates to Florida Statute Section 163.3191, the Department of
4 Economic Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter
5 deadline to May 1, 2014, in Rule 73C-49, F.A.C.; and
6
7 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved
8 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect
9 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments
10 in accordance with the 2014 EAR notification letter; and
11
12 WHEREAS, on April 13,2016, the Monroe County Board of County Commissioners adopted the
13 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the
14 County's EAR-based amendments; and
15
16 WHEREAS, the 2030 Monroe County Comprehensive Plan became effective upon the posting of
17 the Notice of Intent on the DEO website on June 20, 2016; and
18
19 WHEREAS, pursuant to Florida Statute Section 163.3191, Monroe County must evaluate its
20 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes
21 in state statutory and/or state administrative code requirements; and
22
23 WHEREAS,pursuant to Florida Statute § 163.3191, and Rule 73C-49,F.A.C., Monroe County's
24 evaluation and appraisal notification letter deadline to DEO was May 1, 2021; and
25
26 WHEREAS, on April 21, 2021, the Monroe County Board of County Commissioners approved
27 transmittal of the County's evaluation and appraisal("EA") notification letter to DEO; and
28
29 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 EA
30 notification letter, including amendments to address the Peril of Flood state legislation, an update to the
31 definition of the term `development,' and amendments to address the now statutorily required Property
32 Rights Element; and
33
34 WHEREAS, Monroe County is proposing amendments to the Comprehensive Plan to
35 accommodate the needs of existing residential structures for which elevation above required flood heights
36 has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to
37 reuse materials, energy, and other resources expended in the original construction of the home; offers
38 solutions to homeowners that may be more economically advantageous than complete reconstruction; and
39 encourages property owners to make their homes more resilient to storm events and sea level rise; and
40
41 WHEREAS, the Monroe County Planning and Environmental Resources Department
42 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment
43 and to receive public comment; and
44
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I WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
2 considered the proposed amendments at a regularly scheduled duly noticed public meeting held on
3 November 15, 2021; and
4
5 WHEREAS, on January 26,2022,the Monroe County Planning Commission("PC")held a public
6 hearing for the purpose of considering the proposed amendment and provided for public comment; and
7
8 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. P03-22
9 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh
10 rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County
11 will encourage effective communication and coordination with Naval Air Station Key West and the other
12 military activities/facilities within unincorporated Monroe County; and
13
14 WHEREAS, on March 16, 2022, the Monroe County Board of County Commissioners held a
15 public hearing, considered the Department's professional staff report, and provided for public comment
16 and public participation in accordance with the requirements of state law and the procedures adopted for
17 public participation in the planning process; and
18
19 WHEREAS, at the March 16,2022,public hearing, at the Department professional staff's request,
20 the BOCC continued the transmittal hearing,just for the proposed amendments to create Policy 101.5.34
21 and amend Policy 101.9.4 related to elevation of existing dwelling units to the April 20, 2022, public
22 hearing as a separate transmittal to allow for additional coordination and revisions; and
23
24 WHEREAS, at the March 16, 2022, public hearing, the BOCC voted to approval transmittal of
25 the remaining proposed amendments to DEO to review the proposal; and
26
27 WHEREAS, at the March 16, 2022,public hearing, the BOCC adopted Resolution No. 105-2022
28 transmitting the remaining proposed text amendments to the State Land Planning Agency without Policy
29 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling units; and
30
31 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners held a
32 public hearing to consider the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4
33 related to elevation of existing dwelling units, considered the staff report, and provided for public
34 comment and public participation in accordance with the requirements of state law and the procedures
35 adopted for public participation in the planning process; and
36
37 WHEREAS, at the April 20, 2022, public hearing, the BOCC voted to transmit the proposed
38 amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling
39 units to DEO to review the proposal; and
40
41 WHEREAS, at the April 20, 2022, public hearing, the BOCC adopted Resolution No. 138-2022
42 transmitting the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to
43 elevation of existing dwelling units to the State Land Planning Agency; and
44
45 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections,
46 Recommendations and Comments ("ORC")report, received by the County on July 19, 2022; and
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I WHEREAS, the ORC report stated, "The Department does not identify any objections or
2 comments on the proposed amendment"; and
3
4 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
5 amendment, adopt the amendment with changes or not adopt the amendment; and
6
7 WHEREAS, on October 19, 2022, the BOCC held a public hearing to consider adoption of the
8 proposed Comprehensive Plan text amendment; and
9
10 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
11 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
12 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
13 development; and
14
15 WHEREAS, based upon the documentation submitted and information provided in the
16 accompanying professional staff report, the Monroe County Board of County Commissioners hereby
17 makes the following conclusions of law:
18
19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
20 Monroe County Comprehensive Plan; and
21 2. The proposed amendment is consistent with the Principles for Guiding Development for the
22 Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
23 3. The proposed amendment is consistent with Part 11 of Florida Statutes Chapter 163.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
26 OF MONROE COUNTY, FLORIDA:
27
28 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions
29 of law, and statements of legislative intent and purpose are true and correct and are hereby incorporated
30 as if fully stated herein.
31
32 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as follows
33 (proposed amendments are shown with deletions stricken through and additions are underlined):
34
35 Policy 101.5.34
36 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and
37 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in
38 Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-
39 existing residential dwelling unit,not including mobile homes,may be elevated above base flood
40 level(design flood elevation) to reduce flood damage,pursuant to:
41 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully-
42 existing) footprint of the structure.
43 • Setbacks and land use open space requirements are waived to allow necessary
44 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
45 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
4of7
I ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary
2 provide access to the structure that is in compliance with fire code requirements.
3 • Side and rear setback and open space requirements are waived to allow accessory elevated
4 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
5 appliances and components) situated at least two (2) feet from the side yard property line
6 or at least five (5)feet from the rear yard property line.
7 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event
8 shall a required shoreline setback be reduced to less than ten (10) feet from mean high
9 water except to accommodate the lawfully existing;footprint of the structure to be elevated.
10 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
11 subject parcel,in accordance with Section 114-3 of the Monroe County Land Development
12 Code.
13 • Development shall maintain compliance to the maximum extent practicable, as determined
14 by the Planning Director.
15 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
16 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
17 conservation easement.
18 • This Policy does not restrict a property owner from proposing other additions or
19 improvements to the elevated dwelling unit, as long as the additions, enlargements,
20 expansions, and extensions do not create a nonconformity or cause a further violation to an
21 existing nonconformity.
22 • New construction or reconstruction of single-family dwelling units shall comply with the
23 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in
24 Chapters 118, 130, and 131 of the Monroe County Land Development Code.
25
26
27 Policy 101.9.4
28 With the following exception, nonconforming structures which are damaged or destroyed so as to
29 require substantial improvement shall be repaired or restored in conformance with all applicable
30 provisions of the current Monroe County Code. Substantial improvement or reconstruction of
31 nonconforming single-family dwelling;units hues shall comply with the setback and open space
32 provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land
33 Development Code except where strict compliance would result in a reduction in lot coverage as
34 compared to the pre-destruction footprint of the dwelling unit house. In such cases, the previously
35 approved open space ratio shall be applied; and the maximum shoreline setback shall be
36 maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high
37 water.
38
39 To further post disaster recovery and resiliency, notwithstandingthe he open space provisions set
40 forth in Policy 101.5.25,Policy 212.2.4, and Chapters 118 and 130 of the Land Development Code
41 and the minimum required setbacks in Policy 212.2.4, and Chapters 118, 130, and 131 of the Land
42 Development Code, a nonconforming lawfully-existing residential dwelling unit, not including
43 mobile homes, may be retrofitted to elevate the structure above base flood level (design flood
44 elevation) to reduce flood damage,pursuant to:
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1 • The lawfully-existing dwelling unit structure may maintain its existing setbacks and open
2 space, even if nonconforming, provided the structure is elevated within the original
3 (lawfully-existing) footprint of the structure.
4 • Setbacks and land use open space requirements are waived to allow necessary
5 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
6 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
7 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
8 provide access to the structure that is in compliance with fire code requirements.
9 • Side and rear setback and open space requirements are waived to allow accessory elevated
10 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
11 appliances and components) situated at least two (2) feet from the side yard property line
12 or at least five (5)feet from the rear yard property line.
13 • Maximum possible shoreline setbacks and open space are to be maintained,and in no event
14 shall a shoreline setback be less than ten (10) feet from mean high water except to
15 accommodate the lawfully existing;footprint of the structure to be elevated.
16 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
17 subject parcel,in accordance with Section 114-3 of the Monroe County Land Development
18 Code.
19 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
20 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
21 conservation easement.
22 • This Policy does not restrict a property owner from proposing other additions or
23 improvements to the elevated dwelling unit, as long as the additions, enlargements,
24 expansions, and extensions do not create a nonconformity or cause a further violation to an
25 existing nonconformity_
26
27 Section 3.Construction and Interpretation.The construction and interpretation of this ordinance
77
28 and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and
29 Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
30 connection with this ordinance shall be liberally construed and enforced in favor of Monroe County, and
31 shall be construed in favor of the BOCC and such construction and interpretation shall be entitled to great
32 weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
33
34 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed to have
35 waived,for itself or for its officer(s), employee(s), or agent(s),any sovereign, governmental,and any other
36 similar defense,immunity, exemption, or protection against any suit, cause-of-action, demand, or liability.
37
38 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held
39 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
40 invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit nor impair
41 the operation, enforceability, or validity of any other provision of this ordinance, or any remaining part(s)
42 or portion(s) thereof All other provisions of this ordinance, and remaining part(s) or portion(s) thereof,
43 shall continue unimpaired in full force and effect.
44
45 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
46 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
47 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
6 of 7
I Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
2 Agency as required by Florida Statutes §§ 380.05 (11) and 380.0552(9).
3
4 Section 8.Filing.This Ordinance shall be filed in the Office of the Secretary of the State of Florida
5 but shall not become effective until a notice is issued by the State Land Planning Agency or Administration
6 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any
7 applicable challenges have been resolved.
8
9 Section 9. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be
10 incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
11 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
12
13 Section 10. Effective Date. This ordinance shall become as provided by law and stated above.
14
15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
16 at a duly noticed regular public meeting held on October 19, 2022.
17
18 Mayor David Rice Yes
19 Mayor Pro Tem Craig Cates Yes
20 Commissioner Michelle Coldiron Yes
21 Commissioner James K. Scholl Yes
22 Commissioner Holly Merrill Raschein Yes
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE;
2
By:
Mayor David Rice
31
MONROE� ATTORNEY
32 A P P �T F0
!O
33 ATTEST: KEVIN MAO , CLERK
34 PETER MORRIS
35 ASSISTANT COUNTY ATTORNEY
36 Date:
By: 10/4/22
37 AS DEPUTY CLERK
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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: 3865020
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,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, October 1,2022
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 31st day of October 2022
� ,1AA ry't .) I
(Notary Public Signature)
Melinda Prescott
(Notary Public Printed Name)
My commission expires 1/11/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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Notary Public$tale of Florlda
AMelinda Prescott
My Commission
., EXpi. 111112026
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Advertise your property in The Key Wet �� COMMISSIONERS AMENDING THE MONRUE COUNTY23GCOMPREHENSIVE
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PROVIDING FOR AN EFFECTIVE DATE(FILE 2G21-129)
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PROVIDING ToR AN EFFECTIVE DATE(FILE 2G21 131)
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Utility Board of the City of Key West
GE°TTHE
Customer Service Policy Manual NOTICE OF KEY LARGO PIRE RESCUE
AND EMERGENCY MEDICAL SERVICES
t` Utility 8 rtl of the—of Key West npprovatl changes
c m Bass E am,Sny sae cuecomar Baru as 022 manual DISTRICT MILEAGE ELECTION ON
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of providing high-quality fire-rescue and emergency
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CITY OF MARATHON,FLORIDA The District Board of Commissioners Wishesto make
LISTYOUR NOTICE OF PUBLIC HEARINGS x L g t in t the Board d t o
to levy annual mdlage at the maximum rate permitted
LEGAL NOTICES! IT.Gly o—nF9annme cwmmisaiwnwm horn apubuo hmdrm on eemsl2—N IGIIlowon Mornay under the proposed increase and remains committed
oneberf/' to its longstanding policy of providing high quality
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'. u,2022 firefighting,rescue,and emergency medical services
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'# P P s T C Tl W,A 3C1Th lyC o.hon LanaD d p art R,,I.,ons(1. ANDEMERGENCY MEDICAL SERVICES:
IIIII I �,(( / Cotl JE'il tl Co tl" IU P A M"ng Thw Dwwlopmwnt Ol Bxry Four(bA)AHortlablw
H s,,gUnl L 1ISE PI D.Wn'hHI IN Dmodbetl AS Blook 7 Lo19 Coco Plum
I'. Ish PBa-66F D Kwy,M Co ty,Flortla.H.,,g Reel Eelatw N,mb DG3637W WGGGG. The Key Largo PICe$:EMS DIStI1Ct may not levy ad
Block 7 Lo111 antl Atllacwnl Camel Coco Plum Bmoh PBa-166 Fat Dmr Kw,Monrow County,Flortla.
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"�IIUPPI ITYpk� P8a166Fa1D Kw Monrow Co 1y,Fb'o,H IngR ll Eela NumWrDG36371PDWGGD,Nwarmt approval The District seeks to increase its maximum
MI M Mar A.
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ul Illuuqlul eh p< De Ad' saTh evaM h L9ntlD p Regul fTh cod IE nletl quality fi d camergencyntedical servlcesto
III IIIIIIIIIII �1Np� co tl" du P 'AulM"gThD pm as ryyNAnommbH gu 1 mcalm the residents of Key
SbtlG Largo.
(IIIIIII IIII dual At ,set
B.ngng Ro-Plai of Lots'Antl bBl kb Coco Plult,B hPBA-16S.Monroe Couny,Fbrltle.
IIh.IIII®IIII Q�0 H 'gR dEstde Number g9sbsv' DDG W.N m MI M�'n. Shall themaximum mdlag. .t t the District be
d p v pp h publ,h gQ d b h m h w h p pm tl' .cogmrevised t 2.00 malls,to fund thecontinued provision
1h ppl lain 1 h Cry 1M h PIa '.up d BB'J-Ov sins Hgh
i ay.M h .nI tl M tl v h gh F tl v bet h I,o 1 cal tl'.GG p f fireand emergency medical services to Key
sh
P Sw' 286GI,F tl 5 .1 pw tl tl ppwd vd tl bythePlan Largo Yesidealts'
fl gC h Cry Co 'I 'h p v allroonstlwetlats hh g ng ono I,,n.tl rtl of ih p tl'g tit hp T h l pwrson may nwetl to that avwrbai m rmod
#1 1h.p Gng matle,such--ndutlmth.--onyantl-dar.uponl h-appwa'smW YES NO
r, U b m.
O ;rd IYraru ADAAs' —:Anyone nem'respend assmanoedlhe Plain ng comet sson orlYe cN counollhmdre This notice shall be published on
,� /w tluolo tl'sab'llry shoultl oonle�1ho Cry of Mamlhon d(sin)Ins UUss al lmsl Iwo tlays prorlhomlo.Ploaso 10 1 22;10 15 22;10 29 2LL
1w 1ha1 ono or mom Clry Counoll mwmbwrs may bw przswnt at IRAs mwming.
3q COURT®
yO `M
` c® �� Clerk o the Circuit Court Comptroller— Monroe Coun , Florida
November 11, 2022
Department of'State
ciiiiiistrative Code& Register
500 S Broougli Street
'1'allaliassee FL 32399-0250
To wioni It May Concern,
Attached is a copy of Ordinance No. 021-2022 amending the Monroe County 2030
Comprehensive Plan to create Policy 101.5.34 and to amend Policy 101.9.4 to proxide exceptions
to non-shoreline and sliorcline setback and open space requirements for the elevation of lawfully
existing residential dwelling units above flood requirements; processed as part of the Evaluation
and Appraisal amendments to the Monroe County 2030 Conipreliensive Plan; to reflect clianges
in local conditions and recent data, trends, issues and cliallenges; proltriding 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular ineeting, held in fornial session, on October 19, 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-oflicio to the Monroe County
Board of'County Commissioners
bf Pamela G. Hancock D.C:
cc: Planning& Environmental
County Administrator
County Attorney
OCC
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 305-852-715 305-852-715
FLORIDA DEPARTMENT" Of STATE"'
RON DESANTIS CORD BYRD
Governor Secretary of State
November 14, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
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. 021-2022, which was filed in this office on November
14, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270