Ordinance 028-2022 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 028-2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE
12 COUNTY COMPREHENSIVE PLAN POLICY 101.5.32 TO AMEND THE
13 HEIGHT LIMIT TO 40FT, AFTER THE ADOPTION AND ON THE
14 EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE
15 MAPS, FOR LAWFULLY ESTABLISHED EXISTING RESIDENTIAL
16 BUILDINGS AND NEW RESIDENTIAL BUILDINGS (INCLUDES
17 SUBSTANTIAL IMPROVEMENTS) IN ORDER FOR THESE BUILDINGS
18 TO ELEVATE TO OR MAINTAIN THE REQUIRED ELEVATION BASED
19 ON THE FLORIDA BUILDING CODE AND UPDATED FEMA FLOOD
20 INSURANCE RATE MAPS (FIRMs); PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
23 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
26
27
28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
30 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
31 manage land use and development; and
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety, and welfare of the County's citizens; and
36
37 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
38 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
39 may be subject to periodic inundation which may result in loss of life and property, health and
40 safety hazards, disruption of commerce and governmental services, extraordinary public
41 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
42 affect the public health, safety and general welfare, and
43
44 WHEREAS, the Monroe County was accepted for participation in the National Flood
45 Insurance Program ("NFIP") on June 15, 1973 and the Monroe County Board of County
46 Commissioners ("BOCC", "Board", "Monroe County", or the "County") desires to continue to
47 meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for
I such participation; and
2
3 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
4 administered by FEMA, enabling property owners in participating communities to purchase flood
5 insurance in exchange for the community's adoption of floodplain management regulations to
6 reduce future flood damages; and
7
8 WHEREAS,the participating communities floodplain management regulations must meet
9 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
10 CFR Part 59 and Part 60); and
11
12 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate
13 Maps ("FIRMs") and a Flood Insurance Study ("FIS")report for Monroe County, Florida; and
14
15 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and
16 Flood Insurance Study on June 11, 2021; and
17
18 WHEREAS, once FEMA reviews and processes all appeals,the agency will issue a Letter
19 of Final Determination ("LFD") and publish the final FIRMS; and
20
21 WHEREAS, Monroe County is proposing amendments to Policy 101.5.32 to increase the
22 height limit in order to further facilitate the protection of property from flooding, reduce or avoid
23 future flood losses,reduce the costs of post flood damage repairs,facilitate recovery after flooding
24 events and reduce flood insurance costs; and
25
26 WHEREAS, the amendment is based on and will be triggered by the adoption and
27 effective date of updated FEMA FIRMS;which are the updated FEMA FIRMS adopted subsequent
28 to FEMA Flood Insurance study and the accompanying FIRMS, dated February 18, 2005 (i.e.,
29 current FIRMS); and
30
31 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
32 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
33 and
34
35 WHEREAS, on March 23, 2022, the Monroe County Planning Commission ("Planning
36 Commission") held a public hearing for the purpose of considering the proposed amendment and
37 provided for public comment; and
38
39 WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
40 P12-22 recommending approval; and
41
42 WHEREAS, on May 18, 2022,the Monroe County Board of County Commissioners held
43 a public hearing, considered the professional staff report, and provided for public comment and
44 public participation in accordance with the requirements of state law and the procedures adopted
45 for public participation in the planning process; and
46
I WHEREAS, at the May 18, 2022, public hearing, the BOCC voted to transmit the
2 proposed amendments to the State Land Planning Agency (the Department of Economic
3 Opportunity, or"DEO")to review the proposal; and
4
5 WHEREAS, at the May 18, 2022, public hearing, the BOCC adopted BOCC Resolution
6 No. 153-2022, transmitting the proposed text amendment to DEO; and
7
8 WHEREAS, DEO reviewed the amendment and issued an Objections, Recommendations
9 and Comments Report("ORC Report"), received by the County on October 13, 2022; and
10
11 WHEREAS,the ORC Report stated, "The Department does not identify any objections or
12 comments to the proposed amendment...;" and
13
14 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
15 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
16
17 WHEREAS,on November 15,2022,the BOCC held a public hearing to consider adoption
18 of the proposed Comprehensive Plan text amendment; and
19
20 WHEREAS, based upon the documentation submitted and information provided in the
21 accompanying staff report, the Monroe County Board of County Commissioners makes the
22 following factual and legal determinations:
23
24 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 2030 Monroe County Comprehensive Plan; and
26 2. The proposed amendment is consistent with the Principles for Guiding Development for
27 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes;
28 and
29 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes;
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
33
34 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
35 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
36 herein.
37
38 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as shown
39 and stated herein. Proposed Amendments are shown with deletions st+iekeff�hr-etlg4 and additions
40 are underlined.
41
42 Policy 101.5.32
43 , Monroe County shall maintain adopt. Land
44 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30
45 to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm
46 surge and other hazards; protect property from flooding and minimize damages; minimize public
I and private losses due to flooding; minimize future expenditures of public funds for flood control
2 projects and for recovery from flood events; and mitigate rising flood insurance premiums.
3
4 A Flood Protection Height Exception of up to a maximum of five (5)feet above the 35-foot height
5 limit shall be provided to-allow lawfully existing buildings to be voluntarily elevated up to three
6 (3)feet above FEMA base flood elevation; and a flood protection height exception of a maximum
7 of three (3) feet above the 35-foot height limit shall be provided to allow new (new construction
8 or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base
9 flood elevation. These exceptions are in order to promote flood protection, minimize flood
10 damage, reduce flood insurance premiums and minimize future expenditures of public funds for
11 recovery from flood events. In no case shall a Flood Protection Height Exception result in a new
12 building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a
13 maximum height of 40 feet. (Ord. No. 016-2017 , § 1, 9-27-2017)
14
15 After the adoption and on the effective date of updated FEMA Flood Insurance Rate Maps
16 (FIRMs), lawfully established existing residential buildings and new residential buildings
17 (includes substantial improvements) located within the Special Flood Hazard Area shall have a
18 maximum height limit of 40 feet in order to elevate to or maintain the required elevation based on
19 the Florida Building Code, as specified in R322.2.1 and R322.3.2 (elevation requirements).
20
21 Additions to lawfully established existing residential buildings within the Special Flood Hazard
22 Area that are substantial improvements shall have a maximum height limit of 40 feet in order to
23 elevate the addition to the Florida Building Code required flood elevation.
24
25 Additions to lawfully established existing residential buildings within the Special Flood Hazard
26 Area that are not substantial improvements shall have a maximum height limit of 40 feet, if the
27 addition meets the Florida Building Code flood elevation requirements in R322.2.1 and R322.3.2,
28 the remaining lawfully established existing building shall not receive the flood height exception
29 of 40 feet.
30
31 Any portion of the building within the Special Flood Hazard Area that meets the required flood
32 elevation of the updated FEMA FIRMS shall be given a height limit of 40 feet. In no case shall
33 this height limit for flood protection result in a new residential building or a lawfully existing
34 residential building exceeding a maximum height of 40 feet.
35
36 Updated FEMA FIRMS are the maps adopted subsequent to FEMA Flood Insurance study and the
37 accompanying Flood Insurance Rate Maps, dated February 18, 2005.
38
39 Section 3. Construction and Interpretation. The construction and interpretation of this
40 ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code,
41 Florida Statutes, and Monroe County Code provision(s)whose interpretation arises out of, relates
42 to, or is interpreted in connection with this ordinance shall be liberally construed and enforced in
43 favor of Monroe County, and shall be construed in favor of the BOCC and such construction and
44 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
45 bankruptcy, and on appeal.
46
1 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed
2 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
3 governmental, and any other similar defense,immunity, exemption,or protection against any suit,
5 cause-of-action, demand, or liability.
6 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof,
7 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
8 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
9 shall neither limit nor impair the operation, enforceability,or validity of any other provision of this
10 ordinance, or any remaining part(s) or portion(s) thereof. All other provisions of this ordinance,
11 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect
13 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this
14 ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall
15 not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed
}9 thereby.
18 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
1$ Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
21 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of the State
22 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
23 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
345 Statutes and after any applicable challenges have been resolved.
26 Section 9.Inclusion in the Monroe County Comprehensive Plan.The amendments shall
27 be incorporated in the 2030 Monroe County Comprehensive Plan.The numbering of the foregoing
28 amendment may be renumbered to conform to the numbering in the Monroe County
338 Comprehensive Plan.
31 Section 10. Effective Date. This ordinance shall become as provided by law and stated
above.
34 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
36 Florida, at a regular meeting held on November 15, 2022.
37 Mayor Craig Cates Yes
38 Mayor Pro Tem Holly Merrill Raschein Yes
39 Commissioner Michelle Lincoln Yes
40 Commissioner James K. Scholl Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
A , 7 By:
Mayor g Cates
49 " EVIN MADOK, CLERK r\.' -
_ MONROE CO ATTORNEY
50 2543 .5G" TO FORM
52 AS DEPU CLE PETER MORRIS
ASSISTANT COUNTY ATTORNEY. 1 L
Date: 11/1/22
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: 3868211
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, October 29,2022
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 3rd day of November 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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fighting
rages on
many fronts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE
BY AN DREW MELDRUM OF PUBLIC HEARING
The Associated Press NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
K)EE LIKED——Relcutleee NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE
Russian amtrk,uu energy hO,
tinctnro pmmnted Ukrainian NOTICE OF CHANGE TO MONROE COUNTY CODE OF ORDINANCES
unnutcltr en iug bl to an- NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
nor nrs ung blackouts
.,,fth K uvnun largerun NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING)MAP
ie,wh}h KbAJ,mayor wamh,g
that the capital's power grid is
king in"eme,gen,mud V NOVEMBER 15,2022
"it"
energy localie,down a,-
uch as 50%Emm pre-war NOTICE IS HEREBY GIVEN that 11 Tuesday,November 15,2022,the Monroe County Board of C=Commissioners will hold a Public Meeting,beginning at 09:00 AM.The BOCC
levels'. meeting will be held i,hybrid fo00at,allowing the public to attend eithervi a Zoom Webinaro ,person.The inl,e rs Or meeting will be held at the Harvey Govemmen t Center located at
Meanwhile, the Rus,iau 1200 Tmma0A...Key West,FL 33040.Thefollowing items will be c,,,id,,d at the PUBLIC HEARING:
PUBLIC HEARINGS:09:00 AM(m as soon thereafter as may be heard):
president sough[to dispel
r:ritir:istn of a chaotic r:all-up of ANORDINANCE BYMONROE COUNTYBOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LANDDEVELOPMENT CODE AMENDING SECTION101-
300,000 a,e i",fur,ernice in 1 DEFINITIONS'TO UPDATE FLOODPLAIN MANAGEMENT DEFINITIONS'TO REPEAL AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT'TO ADOPT AN UPDATED CHAPTER
Ukraine to dery tu,defense 122 FLOODP LAIN MANAGEMENT TO BE CONSISTENT WITH THE FLORI DA DIVISION OF EMERGENCY MANAGEMENT,BUREAU OF MITIGATION,STATE FLOODP LAIN MANAGEMENT
OFFICE'S MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
ouln r to make sure the)/re BUILDING CODE,MEETING THE NATIONAL FLOOD INSURANCE PROGRAM(NFIP)REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013,
Donner)trained and equipped INCLUDING DESIGNATING AF LOODPLAIN ADMINISTRATOR,ADOPTING PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,AND FOR OTHER PURPOSES
Eurbattle PROVIDING FOR SEVELABILITY,PROVIDING FOR APPLICABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND
In tlheK, ter PLANNING AGENCY AND THE SECRETARY O F STATE,P ROVI DING FO R AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELO PMENT CODE,PROVI DING FOR
§ egion,as vein AN EFFECTIVE DATE(FILE 2019-093)
lou s the later damage to
u0lities would mean rota es AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-25
uEEuururmurehon"achy,ac- APPLICATI ON PROCEDURES FOR RESIDENTIAL ROGO,SECTION 138-21 EVALUATION CRITERIA(LOGO)SECTION 13852 APPLICATION PROCEDURES FOR NROGO,AND SECTION
carding to Dkrenerga tlhe 4rte 13855 EVALUATION CRITERIA(NROGO),TO REQ UI RE UPDATED SCO RES BASED ON THE UPDATED FEMAFLOOD INSURANCE RATE MAPSAND TO REQUIRE PLAN REVISIONS PRIOR
TO PERMIT ISSUANCE DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD INSURE,CE RATE MAPS FOR PERMITS
up—tur uE LERah,b,tul REQUIRING A LOGO OR PROOF ALLOCATION,PROVIDINGFORSEVELABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THE STATE
age han,'mi,,iun tines'. LAN D P LAPIN I NG AGENCY AN D T HE SEC LETALY OF STATE,P ROVI D I NG FO R AMEN DMENT TO AN D INC O RPO EVIL ON IN THE MON ROE C O UNTY LAN D DEVE TO PMENT CO DE,P ROVI DING
But
Guv.Olek,i)Kuleba FORANEFFECTIVE DATE.(FILE2019094)
h,,mad"mure,r'\•cD,and lun AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.32
uT hutd—,mll be applied TO AMEND THE HEIGHT LIMIT TO OFT,AFTER THE ADOPTION AND ON THE EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE MAPS,FOR LAWFULLY ESTABLISHED
in the cumh,g lose:" EXISTING RESIDENTIAL B U ILDINGS AND NEW RESIDENTIAL BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)IN ORDER FOR THESE BUILDINGS TO ELEVATE TO OR MAINTAIN
KOdv Maur Vltali l�t,thko THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE MAPS,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEAL
said the dE',,power grid was' 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 FORAN EFFECTIVE DATE.(FILE 2019-095)
uperaling in"emergenq mcdcT'
and added he hoped Uk,aTgn AN ORDI NAN CE BY MONK BE COUNTY BOARD OF COU KEY COMMISSIONERS ADOPTING AME NDMENTS TO MONRO E COUNTY LAND DEVELOPMENT CODE SECTIO N 131-2 MAXIMUM
would find ways to address the HEIGHT,TOAMEND THE HEIGHT LIMITTO 40FT,AFTER THEADOPTIONAND ON THE EFFECTIVE DATE OF UPDATED FEMAFLOOD INSURANCE RATE MAPS,FORLAWFULLV ESTABLISHED
,hurt: M'tu Baer eek," EXISTING RESIDENTIAL BUILDINGS AND NEW RES IDEPHIAt BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)INORDERFORTHESE BUILDINGS TO ELEVATE TO OR MAINTAIN
�e Q1 THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE NIAPS,PROVIDING FOR SEVERABILIN,PROVIDING FOR REPEAL
The Eurmer boxing world OF CONFLI CTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND
champion also said I,—air de- INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FORAN EFFECTIVE DATE(FILE 2019096)
Een,e cl,ipment has-been d,
played in the Ukoornau capital AN ORDINANCE BY MONROECOUNTYBOARD OF CO UNITY COMMISSIONERSADOPTINGAMENDMENTSTOTHE MONROE COUNTYCODE OF ORDINANCES CHAPTER 6-BUILDINGSAND
CONSTRUCTION ARTICLE II-BUILD ING CODE,AMENDMENTSARE PROPOSED TO UPDATE THE PURPOSEAND SCOPE,ADD DEFINITIONS ADDRESS THE ADMINISTRATION OF THE
to help defend agah,tRu„ion BUILDING DEPARTMENT INCLUDING THE BUILDING O FF ICI
ALS AUTHORITY AN D DUTIES(INCLUD ING THE PROVI SIGNS OF C H.122 OF THE MONROE COUNTY LAND DEVELO PMENT
drone and mocha attack,un CODE(PART I I OF THIS CODE)AS THE DES IODATE D FLOODPLAIN ADMINISTRATOR),U PDATE THE REFERENCES TO THE LECH RELENTS OF THE F LORI DA B UI LDING CO DE',AND FOR
ouTIE fit itu .. CLARIFICATION AND OTHER P URPOSES,TO ADOPT TECHNICAL AMEN EVENTS TO THE FLORIDA BU ILD ING CO DE',PROVIDING FOR AP PLICAB ILITY,PROVIDING FOR SEVERABI LITY,
In the zakiv region,home PROVI DING FOR RE PEAL OF CONE LICTING P ROVISIONS,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE CO UNTY CODE OF O RDINANCES,PROVI DING FOR
T RWVSMITTAL TO THE DEPARTMENT OF STATE AND FOR AN EFFECTIVE DATE.
to Dkrainb,bOrund-larger city
uE the same name,Guv.I ANORDINANCE BYTHE MONROE COUNTYBOARD OF COUNTY COMMISSIONERS AMENDING THE 2030 MONROE CO UNTY COMPREHENSIVE PLANASASMALL SCALE COMPREHENSIVE
S)auehabu,s'aiddail)cne-hour PLANAMENDMENT PURSUANFLO SECTION 163318Z,FLORIDA STATUTES,AM ENDING POLICY1071.7COCO PALMSAFFORDABLE HOUSING SUBAREATO INCREASE THE MAXIMUM
power outage,vvuld begin NET DENSITYAND TOMO D RYTHE PERMITTEDAS-OFRIGHT USESAND CONDITIONAL USES FOR PROPERTY LOCATEDAT21585 OLDSTATE ROAD 4A,CUDJOE KEY,HAVING PARCEL
IDENTIFICATION NUMBER 00174960 000000,AS PROPOSED BY SMITH HAWKS,PIT ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC,AND TO ACCOM PANYA PROPOSED
Monday AMENDMENT TO THE FUTURE LAND USE MAP(FLUM)FROM MIXED USE/COMMERCIAL(MC)TO RESIDENTIAL H IGH(LH),PROVIDING FOR SEVERABILITY,P ROVIDING FOR REPEAL
Officials across the country OF CONFLICTING PROVISIONS,PROVIDING FOR INCLUSION IN THE 2030 MONROE COUNTY COMPREHENSIVE PLAN',PROVIDING FORAN EFFECTIVE DATE(FILE 2022084)
have urged people to t -
,r.rve by reduung electzidE ANORDINANCE THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND ING THE MONROE COUNTY FUTURE LAND USE MAP ASA SMALL SCALE COMPREHENSIVE
PLAN AMENDMENT PURSUANT TO SECTION 163 318Z,FLORIDASTATUTES,FROM MIXED USE COMMERCIAL(MC)TO RESIDENTIAL HIGH(HIT)FOR PROPERTY LOCATED AT 21585
,sumptiun during peak OLD STATE ROAD,CU DJOE KEY,MILE MARKER21 LEGALLY DESCRIBED AS LOT 30 SACARMA,A SUBDIVISION OF GOVERNMENT LOTS 3AN D4INSECTION29,TOWNSHIP66S O UTH,
hours and avoiding BE,use uE RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORI DA,HAVING PARCEL IDENTIFICATION NUMBE R 00174 960-000000,AS PROPOSED BY MOBI LE HOMES HOLD INGS
high�ultageapphance, COCO,LLC,CONTINGENT ONADOPTION AND EFFECTIVENESS OFAMENDMENTS TO COMPREHENSIVE PLAN POLICY 10Z1 F TO INCREASE THE MAXIMUM NET DENSITYAND TO
Ukrainian Pre,iden[ MODIFY THE PERMITTEDAS OF RIGHT USESAND CONDITIONAL USES ON THE SUBJECT PROPERTY,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEALOF CONFLICTING
PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY
Vuludimt)2 Zelen,k))aid let COMPREHENSIVE PLAN AND FORAM EDEPEND TO THE FUTURE LAND USE MAP',PROVIDING FORAN EFFECTIVE DATE(FILE 2022-085)SEE 11 below
weekthat30Y6ufLERah,b,puw-
IT totlun, ra had bn dc-,,d AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MO N ROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM SUBURBAN
rice Russia launched the first COMMERCIAL(SC)To URBAN RESIDENTIAL(UR),FOR PROPERTY LOCATEDAT21585 OLD STATE ROAD,CUDJOE KEY,MILE NIARKER21 LEGALLY DESCRIBED AS LOT30 SACARMA,
ASUBDIVISION OF GOVERNMENT LOTS BAND 4IN SECTION 29,TOWNSHIP 66 SOUTH,RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORIDA,HAVING PARCEL
e uE rrrrgeted infix tincture IDENTIFICATION NUM BER00174960-000000,AS PROPOSED BY MOBILE HOMESHOLDINGS COCO,LLC,CONTINGENT ON ADOPTION AND EFFECTIVENESS OF AMENDMENTS TO
,nike,un Oct to, COM PRE HENS VE PLAN POLICY 10717 TO INCREASE THE MAXIMUM NET DENSITY AND TO MO CRY THE PERMITTED AS-OF RIGHT USES AND CONDITIONAL USES ON THE SUBJECT
In Mu,cuw, Ru„ian PROPERTY,PROVI DING FOR SEVERAB ILITY,PROVIDINGFOR REPEALOF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THESTATE LAND PLANNING AGENCY AND
President Vladimk Part tuld T HE SECRETARYOF STATE,PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP,PROVIDING FORANEFFECTIVE DATE.
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
December 2, 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. 028-2022 by the Monroe County Board of County
Commissioners adopting amendments to the 2030 Monroe County Comprehensive Plan Policy
101.5.32 to amend the height limit to 40 feet, after the adoption and on the effective date of
updated FEMA Flood Insurance Rate Maps, for lawfully established existing residential
buildings and new residential buildings (includes substantial improvements) in order for these
buildings to elevate to or maintain the required elevation based on the Florida Building Code and
updated FEMA Flood Insurance Rate Maps (FIRMS); 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on November 15, 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 Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County 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
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ri ,
f' w� Z
FLORIDA DEPARTMENT" O ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 2, 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. 2022-028, which was filed in this office on December 2,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270