Ordinance 030-2022 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 030 -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO MONROE
12 COUNTY LAND DEVELOPMENT CODE SECTION 138-25,
13 APPLICATION PROCEDURES FOR RESIDENTIAL ROGO, SECTION
14 138-28, EVALUATION CRITERIA (ROGO), SECTION 138-52,
15 APPLICATION PROCEDURES FOR NROGO, AND SECTION 138-55,
16 EVALUATION CRITERIA (NROGO); TO REQUIRE UPDATED SCORES
17 BASED ON THE UPDATED FEMA FLOOD INSURANCE RATE MAPS
18 AND TO REQUIRE PLAN REVISIONS PRIOR TO PERMIT ISSUANCE
19 DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT
20 FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD
21 INSURANCE RATE MAPS FOR PERMITS REQUIRING A ROGO OR
22 NROGO ALLOCATION; PROVIDING FOR SEVERABILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
26 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
27 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
28 DATE.
29
30
31 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
32 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
33 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
34 manage land use and development; and
35
36 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
37 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
38 health, safety, and welfare of the County's citizens; and
39
40 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
41 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
42 may be subject to periodic inundation which may result in loss of life and property, health and
43 safety hazards, disruption of commerce and governmental services, extraordinary public
44 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
45 affect the public health, safety and general welfare, and
46
47
I WHEREAS, the Monroe County was accepted for participation in the National Flood
2 Insurance Program ("NFIP") on June 15, 1973 and the Monroe County Board of County
3 Commissioners desires to continue to meet the requirements of Title 44 Code of Federal
4 Regulations, Sections 59 and 60, necessary for such participation; and
5
6 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
7 administered by FEMA, enabling property owners in participating communities to purchase flood
8 insurance in exchange for the community's adoption of floodplain management regulations to
9 reduce future flood damages; and
10
11 WHEREAS,the participating communities floodplain management regulations must meet
12 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
13 CFR Part 59 and Part 60); and
14
15 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate
16 Maps ("FIRMs") and a Flood Insurance Study ("FIS")report for Monroe County, FL; and
17
18 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and
19 Flood Insurance Study on June 11, 2021; and
20
21 WHEREAS, once FEMA reviews and processes all appeals,the agency will issue a Letter
22 of Final Determination ("LFD") and publish the final FIRMS; and
23
24 WHEREAS,Monroe County is proposing amendments to ROGO and NROGO provisions
25 of the Land Development Code to require updated scores based on the updated FEMA FIRMS and
26 to require applicants to submit plan revisions to prior to permit issuance demonstrating full
27 compliance with the current Florida Building Code and the updated FEMA FIRMS, for permits
28 requiring a ROGO or NROGO allocation; and
29
30 WHEREAS, the amendment is based on and will be triggered by the adoption and
31 effective date of updated FEMA Flood Insurance Rate Maps;which are the updated FEMA FIRMS
32 adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMS, dated
33 February 18, 2005 (i.e., the current FIRMS); and
34
35 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
36 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
37 and
38
39 WHEREAS, on March 23, 2022, the Monroe County Planning Commission ("Planning
40 Commission") held a public hearing for the purpose of considering the proposed amendment and
41 provided for public comment; and
42
43 WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
44 P11-22 recommending approval; and
45
I WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
2 ("BOCC", "Board", "Monroe County", or the "County") held a public hearing to consider
3 adoption of the proposed Land Development Code ("LDC" or "Code") text amendment,
4 considered the staff report, and provided for public comment and public participation in
5 accordance with the requirements of state law and the procedures adopted for public participation
6 in the planning process; and
7
8 WHEREAS, based upon the documentation submitted and information provided in the
9 accompanying professional staff report, the Monroe County Board of County Commissioners
10 makes the following factual and legal determinations:
11
12 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 2030 Monroe County Comprehensive Plan; and
14 2. The proposed amendment is consistent with the Principles for Guiding Development for
15 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
16 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
17 4. The proposed amendment is necessary due to new issues and the need for additional
18 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
19 Code.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
23
24 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
25 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
26 herein.
27
28 Section 2.The text of the Land Development Code is amended as shown and stated herein..
29 Proposed Amendments are shown with deletions st+ieke*�hr-eet4 and additions are underlined.
30
31 Sec. 138-25. -Application Procedures for Residential ROGO.
32
33
34
35 (h) Expiration of allocation award. Except as provided for in this article, an allocation award
36 shall expire when its corresponding building permit is not picked up after 60 days of
37 notification by certified mail of the award, or, after issuance of the building permit, upon
38 expiration of the permit or after failure of the applicant to submit required plan revisions by
39 the required date set forth in subsection (Ik) or after the failure to conclude the required
40 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
41 (i) Revisions of ROGO applications and awards.
42 (1)An applicant may elect to revise a ROGO application to increase the competitive points in
43 the application without prejudice or change in the controlling date if a revision is
44 submitted on a form approved by the Planning Director to the Planning and
45 Environmental Resources Department no later than 30 days following the Planning
46 Commission approval of the previous ROGO rankings. Any such revision shall not
I involve changes to the approved building permit application. All other applications that
2 are withdrawn and resubmitted that do not increase the competitive points or involve
3 revisions to the approved building permit application shall be considered new, requiring
4 payment of appropriate fees and receiving a new controlling date.
5 (2)After receipt of an allocation award, and either before or after receipt of a building permit,
6 but prior to receipt of a certificate of occupancy,no revisions shall be made to any aspect
7 of the proposed residential development which formed the basis for the evaluation review,
8 determination of points and allocation rankings, unless such revision would have the
9 effect of increasing the points awarded, without the removal of any lot aggregation or
10 land dedication or removal of an affordable housing deed restriction or density reduction
11 restrictive covenant.
12 (j) Clarification of application data.
13 (1) At any time during the residential ROGO allocation review and approval process, the
14 applicant may be requested by the Planning Director or the Planning Commission to
15 submit additional information to clarify the relationship of the allocation application, or
16 any elements thereof, to the evaluation criteria. If such a request is made, the Planning
17 Director shall identify the specific evaluation criterion at issue and the specific
18 information needed and shall communicate such request to the applicant.
19 (2)Upon receiving a request from the Planning Director for such additional information, the
20 applicant may provide such information, or the applicant may decline to provide such
21 information and allow the allocation application to be evaluated as submitted.
22 (k) Re-review of Criteria and Scores. All applications in or entering into the ROGO system on
23 or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other
24 applications competing in the ROGO system that have not received an allocation award on
25 the effective date of the updated FEMA Flood Insurance Rate Maps,shall have the application
26 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
27 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
28 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
29 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land
30 Development Code.
31 aRevisions of building permit applications requiring the ROGO allocation(s). A building
32 permit application for a proposed dwelling unit requiring a ROGO allocation must be
33 approved prior to submitting a ROGO application. In the event that the Florida Building Code
34 and/or a FEMA Flood Insurance Rate Map(FIRM) is amended between the date that a ROGO
35 application is submitted and the date on which a building permit, requiring the ROGO
36 allocation(s) applied for, is issued(which follows the date on which the required allocation(s)
37 is awarded), if necessary, the applicant shall submit plan revisions to the building�permit
38 application demonstrating full compliance with the current Florida BuildinZ Code and the
39 adopted FIRM in effect. These plan revisions shall be submitted within 180 days of the ROGO
40 allocation award date or the applicant shall forfeit the ROGO allocation award. Following
41 receipt of the plan revisions, the Building Department shall review the revisions as if the
42 application is new (however retaining the same building permit number for administrative
43 purposes),based on the building code and the adopted FIRM,for compliance prior to issuance
44 of the building permit requiring the ROGO allocation(s) by the Building Official. Such
45 mandatory revisions and review are limited to the modifications necessary to demonstrate
46 compliance with the Florida Building Code and the adopted FIRM in effect at the time of
I building permit issuance. This is r^* applieable te4e rLand Development Gede. Any
2 mandatory revisions that affect the footprint of a dwelling unit, increases clearing of habitat
3 or increases the height of the structure shall be reviewed for compliance with the Land
4 Development Code in effect at the time of permit issuance.
5
6 Sec. 138-28. Evaluation Criteria (ROGO).
7 (a) Residential Evaluation Criteria. The point values established on the following pages are
8 to be applied cumulatively:
9 For all applications entering the Residential Permit Allocation system after July 13, 2016,
10 the following points and criteria shall apply:
11
12
13
14 (7) Special flood hazard areas. The following points shall be assigned to allocation
15 applications for proposed dwelling unit(s)to provide a disincentive for locating within
16 certain coastal high flood hazard areas:
Point Assi nment: Criteria:
-6 Proposes structures requiring an allocation within "V" zones on the
FEMA flood insurance rate maps.
-4 An application for which development is proposed within a CBRS
unit.
All applications in or entering into the ROGO system on or after the effective date of the updated
FEMA Flood Insurance Rate Maps, and all other applications competing in the ROGO system
that have not received an allocation award on the effective date of the updated FEMA Flood
Insurance Rate Maps, shall have the application scores reevaluated and updated based on the
updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompany
Flood Insurance Rate Maps, dated February 18,2005, and included by reference within Ch. 122
of the Monroe County Land Development Code.
17
18
19
20 Sec. 138-52. -Application Procedures for NROGO.
21
22
23
24 (i) Expiration of allocation award. Except as provided for in this article, an allocation award
25 shall expire when its corresponding building permit is not picked up after 60 days of
26 notification by certified mail of the award, or, after issuance of the building permit, upon
27 expiration of the permit or after failure of the applicant to submit required plan revisions by
28 the required date set forth in subsection (nn+) or after the failure to conclude the required
29 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
30 (j) Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO
31 application without prejudice at any time up to finalization of the evaluation rankings by the
I Planning Commission. Revision and resubmission of the withdrawn application must be in
2 accordance with subsection (k) of this section.
3 (k) Revisions to applications and awards.
4 (1)Upon submission of an NROGO application, an applicant may revise the application if it
5 is withdrawn and resubmitted prior to the allocation date for the allocation period in which
6 the applicant wishes to compete. Resubmitted applications shall be considered new,
7 requiring payment of appropriate fees and receiving a new controlling date.
8 (2)After receipt of an allocation award, and either before or after receipt of a building permit
9 being obtained, but prior to receipt of a certificate of occupancy or final inspection, no
10 revisions shall be made to any aspect of the proposed nonresidential development which
11 formed the basis for the evaluation review, determination of points and allocation
12 rankings, unless such revision would have the effect of increasing the points awarded
13 without the removal of any land dedication or removal of an affordable housing deed
14 restriction.
15 (3) After the receipt of an allocation award, a building permit and a certificate of occupancy
16 or final inspection, no revision shall be made to any aspect of the completed
17 nonresidential development which formed the basis for the evaluation, review,
18 determination of points and allocation rankings, unless such revisions are accomplished
19 pursuant to a new building permit and unless such revisions would have the net effect of
20 either maintaining or increasing the number of points originally awarded.
21 (1) Clarification of application data.
22 (1)At any time during the NROGO allocation review and approval process,the applicant may
23 be requested by the Planning Director or the Planning Commission, to submit additional
24 information to clarify the relationship of the allocation application, or any elements
25 thereof, to the evaluation criteria. If such a request is made, the Planning Director shall
26 identify the specific evaluation criterion at issue and the specific information needed and
27 shall communicate such request to the applicant.
28 (2)Upon receiving a request from the Planning Director for such additional information, the
29 applicant may provide such information; or the applicant may decline to provide such
30 information and allow the allocation application to be evaluated as submitted.
31 (m) Re-review of Criteria and Scores. All applications in or entering into the NROGO system
32 on or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other
33 applications competing in the NROGO system that have not received an allocation award on
34 the effective date of the updated FEMA Flood Insurance Rate Maps, shall have the application
35 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
36 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
37 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
38 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land
39 Development Code.
40 Ln,2Revisions of building permit applications requiring the NROGO allocation(s). A building
41 permit application for proposed nonresidential floor area requiring an NROGO allocation
42 must be approved prior to submitting an NROGO application. In the event that the Florida
43 Building Code and/or a FEMA Flood Insurance Rate Map (FIRM) is amended between the
44 date on which an NROGO application is submitted and the date on which a building permit
45 requiring the NROGO allocation(s) applied for is issued(which follows the date on which the
46 required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to
I the building permit application demonstrating full compliance with the current Florida
2 Building Code and the adopted FIRM in effect. These plan revisions shall be submitted within
3 180 days of the NROGO allocation award date or the applicant shall forfeit the NROGO
4 allocation award. Following receipt of the plan revisions, the Building Department shall
5 review the revisions as if the application is new (however retaining the same building permit
6 number for administrative purposes), based on the building code and the adopted FIRM, for
7 compliance prior to issuance of the building permit requiring the NROGO allocation(s)by the
8 Building Official. Such mandatory revisions and review are limited to the modifications
9 necessary to demonstrate compliance with the Florida Building Code and the adopted FIRM
10 in effect at the time of building permit issuance. This is not applieable to4e Land
11 . Any mandatory revisions that affect the footprint of the structure,
12 increases clearing of habitat or increases the height of the structure shall be reviewed for
13 compliance with the Land Development Code in effect at the time of permit issuance.
14
15
16 Sec. 138-55. Evaluation Criteria (NROGO).
17 (a) Evaluation point values. The following point values established are to be applied
18 cumulatively except where otherwise specified. For all applications entering the
19 Nonresidential Permit Allocation system after July 13, 2016, the following points and
20 criteria shall apply:
21
22
23
24 (4) Special Flood Hazard Area. The following points shall be assigned to allocation
25 applications to discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
-6 Proposes a structure requiring an allocation within a "V" zone on the
FEMA Flood Insurance Rate Map.
-4 An application for which development is proposed within a CBRS
unit.
All applications in or entering into the NROGO system on or after the effective date of the
updated FEMA Flood Insurance Rate Maps,and all other applications competing in the NROGO
system that have not received an allocation award on the effective date of the updated FEMA
Flood Insurance Rate Maps, shall have the application scores reevaluated and updated based on
the updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompany
Flood Insurance Rate Maps, dated February 18,2005, and included by reference within Ch. 122
of the Monroe County Land Development Code.
26
27
28
29 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
30 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
31 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
32 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
33 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect.
14
15 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
16 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
17 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
18 repealed thereby.
19
20 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
22 and intent of the particular paragraph or text to which they refer.
23
24 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of the State
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall
34 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
35 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
36 marking system of the Code.
37
38 Section 10. Effective Date. This ordinance shall become effective as provided by law and
39 stated above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on November 15, 2022.
43
44 Mayor Craig Cates Yes
45 Mayor Pro Tem Holly Merrill Raschein Yes
46 Commissioner Michelle Lincoln Yes
1 Commissioner James K. Scholl Yes
2 Commissioner David Rice Yes
�3 Jr 7;.
1i BOARD OF COUNTY COMMISSIONERS
�� �� OF MONROE COUNTY, FLORIDA
a ,-� _ s By:
Mayor tg Cates
o J,„. . `�� MONROE CO ATTORNEY
10 VIN MADOK, CLERK AP i4eer- TO FORM
12 11(ftle/r PETER MORRIS
13 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date: 11/1/22
14
15
I,
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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: 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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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
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unnutcltr en iug bl to an- NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
nor nrs ung blackouts
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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.
(FILE 2022-086)See Map 2 below
Defense Muster Sergei Sthoigrt
Btu theJ r,aud,uE re its MAP MAP
cat •centl)rolled up
uccd
tt ght nammg and t p t ,"peuple kel can FCL
M El
fident when they need to go to
ombae' Danssm>000000 o0nascto-00o000
c Shoigu told Path,that 82„000
t-t dt endeplE, to
LIKED—wtil,21R 000 others t
were still hemg trained He said 2
there were I law diate plan,
to round up more but Puntis '..,.
mobilization order left the
door open fia a future nulttrq
ra0 up.
Punn's effort to beef up the — """"
numberoEmnup'al
ongthe 62A
I finut lin,E h d [ "
[t E rlcdThe=a on,1Ysm �e hlaerker 2l N Marker2 "
region.The bA tl h C tll KeyW�_ TM' C do Ke 1
Russia and prompted hundrrxl,
of thousands Li
ofinen to Dee the AN O RDI NANCE B Y THE MONROE COUNTY BOARD OF COUNTY COMMISSIONER S U P DAL ING TH E F VE-YEA R SC HE U LE OF CAP ITAL IM P ROVE MENTS TAB LE FO R F I SCAL YEARS 2023-
202Z,LOCATED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF THE MON ROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,PURSUANT TO FTO RI DA STATUTE§163 3177(3),
nuua)' P ROVI D I NG FO R S EVE FAB I LI TY,P ROVI D IN G FO R RE PEAL OF INC ONS I STENT P EGA IS I ONS,P ROVI D IN G FO R FI LI NG WI TH THE SEC RETARY OF STATE,P ROVI D ING FO R IN C FITS ION IN
u Activi,ts and repuD, to T HE MO N ROE CO UNTY YEAR 2030 COM P RE HENSIVE P LAN P ROVI D ING FO R AN EFFECTIVE DATE.IF LE 2022-160)
Ru„ion media and The
Associated Press said man) Plm�e o�mme��o�en��aNWa°nerrs."""w.momoe�oamv-n.9w mr men�a9 a9eaaa aoaalg aaa mmm,al�oa re9am�a9 me.adoa:ool�oa:a.a�Ianlem me oabr�Io.�mr incline men�a9 aaaAorlo mare
0u 9en
uE Dcutrite dinfree,were inezpe-
ced,v,r.remldmpruntre vasaamrosaoeoazas 11.11".srarores�faparsoadao�dasroap;Oaf aaydao�boa mina eoardm coaarycomm�boO,F.th�reorroaaymarreroo,��da,adatthmb,gor ,,,h... w�u seed
cnhdoftYp�aadng.,and Mak forsuchpuorsmaymadroar�suw avarbaAm,acnNcft6paGeedrgs,:s mad whiohmcnNirmlWes Ma tasA rrrony&avidarca�nwhioh roe appeal isrobs
basic inw-,ach a,I T ical kits based
and fiakjackets thernsell and AM ASSISTANCE IIIa-arc a person with a Jisa oly wlw needs special accommotlatioas in o mparticipate in this pm d1,,,g,please 1m 1OreC Ny A——0/lice,by p—,,g(101)2g1-
did [["sole Roodug beErae 4441 LetweealAehourso/✓<30a m--5alOp m_nolat hoolux(5)alentlaitlayx pnoim Ne ttlwMuletl meHing;i/you arc lreenng of vice impaiaMall"TIT"
they were sent t0 fight Some The l<aywast citaen(xee7) Nblich rn T,oomber 29,2022
ere killed milt,da),ufbeing
raged up.
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 030-2022 by Monroe County Board of County
Commissioners approving amendments to Monroe County Land Development Code Section
138-25, Application Procedures for Residential ROGO, Section 138-28, Evaluation Criteria
(ROGO), Section 138-52, Application Procedures for NROGO, and Section 138-55, Evaluation
Criteria(NROGO); to require updated scores based on the updated FEMA Flood Insurance Rate
Maps and to require plan revisions prior to permit issuance demonstrating full compliance with
the current Florida Building Code and the updated FEMA Flood Insurance Rate Maps for
permits requiring a ROGO or NROGO allocation;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
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 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
�m
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. 2022-030, 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