Ordinance 017-2023 �r
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4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 017 -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 101-1 — DEFINITIONS AND
13 CHAPTER 122, ARTICLE I., SECTION 122-3 — DEFINITIONS, TO
14 UPDATE THE DEFINITION OF MARKET VALUE TO BE CONSISTENT
15 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT -
16 BUREAU OF MITIGATION - STATE OFFICE OF FLOODPLAIN
17 MANAGEMENT'S DECEMBER 2022 GUIDANCE ON MARKET VALUE
18 AND MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS
19 WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH
20 THE FLOOD PROVISIONS IN THE FLORIDA BUILDING CODE,
21 MEETING THE NATIONAL FLOOD INSURANCE PROGRAM
22 REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY
23 MANAGEMENT AGENCY IN 2013; PROVIDING FOR SEVERABILITY;
24 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
25 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
26 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
27 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
28 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
29 PROVIDING FOR AN EFFECTIVE DATE.
30
31
32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
33 Comprehensive Plan and Monroe County Codes are to maintain the public health, safety, and
34 general welfare and to strengthen our local government capability to manage land use and
35 development; and
36
37 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
38 Statutes, Monroe County is under its constitutional police powers empowered to enact ordinances
39 to protect the health, safety, and welfare of the public, and the Legislature of the State of Florida
40 has pursuant to Chapter 125, Florida Statutes, conferred upon local governments the authority to
41 adopt laws and regulations designed to promote the public health, safety, and general welfare of
42 the public; and
43
44 WHEREAS, the Monroe County Board of County Commissioners recognizes that the
45 work of ordinance codification is an ongoing process that requires a continuing effort by various
46 County officials and staff, and it is a goal to ensure that Monroe County Land Development Code
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I Chapter 122 is kept current and aligned with the State's December 2022 guidance and
2 requirements; and
3
4 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
5 special flood hazard areas ("SFHAs") within the boundaries of unincorporated Monroe County
6 and such areas may be subject to periodic inundation which may result in loss of life and property,
7 health and safety hazards,disruption of commerce and governmental services,extraordinary public
8 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
9 affect the public health, safety, and general welfare, and
10
11 WHEREAS, Monroe County has been accepted for participation in the National Flood
12 Insurance Program ("NFIP") and the Monroe County Board of County Commissioners desires to
13 continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60,
14 necessary to continuously maintain such participation; and
15
16 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
17 administered by FEMA enabling property owners in participating communities to purchase flood
18 insurance in exchange for the community's adoption of floodplain management regulations to
19 reduce future flood damage(s); and
20
21 WHEREAS,the participating communities floodplain management regulations must meet
22 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
23 CFR Part 59 and Part 60); and
24
25 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
26 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
27 enforcement of the Florida Building Code; and
28
29 WHEREAS, the Florida Division of Emergency Management ("FDEM") - Bureau of
30 Mitigation - State Floodplain Management Office developed a Model Floodplain Management
31 Ordinance for local communities which was written explicitly to rely on the flood provisions in
32 the Florida Building Code; and
33
34 WHEREAS, since the 2010 edition of the Florida Building Code, the flood provisions of
35 the Florida Building Code meet or exceed the minimum NFIP requirements for buildings and
36 structures; and
37
38 WHEREAS,the Federal Emergency Management Agency ("FEMA") approved the
39 State's Model Floodplain Management Ordinance in 2013; and
40
41 WHEREAS,the Monroe County Board of County Commissioners (`BOCC") determined
42 it is in the public interest to adopt the proposed floodplain management regulations that rely on
43 and are coordinated with the Florida Building Code; and
44
45 WHEREAS, on November 15, 2022, the BOCC adopted Ordinance No. 026-2022,
46 amending Chapter 122 of the Land Development Code to be consistent with the State model
47 floodplain management ordinance; and
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I WHEREAS, on December 7, 2022, FDEM published guidance developed in consultation
2 with FEMA Region IV which specified that within local ordinances the definition of the term
3 "market value"may not include a fixed factor to be applied to the tax assessment value of buildings
4 or structures; and
5
6 WHEREAS, on December 28, 2022, FDEM issued to Monroe County an official letter of
7 conditional approval of Monroe County Ordinance No. 026-2022, stating that in order to be found
8 in compliance with FDEM and FEMA requirements for continued participation in the National
9 Flood Insurance Program (NFIP), the County's ordinance must be amended to remove the fixed
10 factor applied to the tax assessment value of buildings and structures in the ordinance's definition
11 of"market value"; and
12
13 WHEREAS, the Monroe County Development Review Committee convened to review
14 and discuss amending the Code thereto at a regularly scheduled meeting held on April 25, 2023;
15 and
16
17 WHEREAS, on May 24, 2023, the Monroe County Planning Commission held a public
18 hearing for the purpose of considering amending the Code thereto; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
21 Resolution No. P26-23 recommending approval; and
22
23 WHEREAS, on July 19, 2023, the Monroe County Board of County Commissioners held
24 a public hearing to consider adoption of the proposed Monroe County Land Development text
25 amendment and considered the agenda item attachments thereto and the County professional staff
26 report; and
27
28 WHEREAS, based upon the foregoing, the Monroe County Board of County
29 Commissioners makes the following findings of fact and conclusions of law:
30
31 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
32 2030 Monroe County Comprehensive Plan; and
33 2. The proposed amendment is consistent with the Principles for Guiding Development for
34 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
35 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
36 4. The proposed amendment is necessary due to new issues and the need for additional
37 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
38 Code.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals. The foregoing recitals, findings of fact, conclusions of law, and
44 statements of legislative purpose and legislative intent are true and correct and are hereby
45 incorporated as if fully stated herein.
46
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I Section 2. The text of the Monroe County Land Development Code is amended as shown
2 and stated herein. Proposed Amendments are shown with deletions st+i kel t4-etlg4 and additions
3 are underlined.
4
5 Section 101-1. -Definitions.
6
7
8
9 Market value means the price at which a property will change hands between a willing buyer
10 and a willing seller, neither parry being under compulsion to buy, sell, or otherwise transfer, and
11 both having reasonable knowledge of relevant facts. As used in this code,the term"market value"
12 refers to the market value of buildings and structures, excluding the land and other improvements
13 on the parcel. Market value may be established by a qualified certified independent appraiser,
14 Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax
15 assessmentvaluei ° . A uniform appraisal
16 report prepared by a qualified certified independent appraiser submitted by the applicant may be
17 used if the Floodplain Administrator considers such appraisal consistent with local construction
18 costs. A structure or building originally manufactured or built as a vehicle, shall exclusively be
19 appraised by utilizing the Kelley Blue Book or a NADA appraisal. Documentation of alleged local
20 construction costs submitted by a property owner to the Floodplain Administrator must be
21 submitted in the form of a sworn or attested affidavit that shall be based upon the personal
22 knowledge of the certifying affiant and must be notarized. Where an appraisal is not accepted
23 because it appears to be inconsistent with local construction costs, the applicant may request
24 review by an independent third-parry appraiser duly authorized by the county. The cost of such
25 independent review shall be borne by the applicant. The reviewing appraiser shall determine if the
26 appraisal value reasonably reflects an appropriate market value of the structure. The reviewing
27 appraiser's determination must be in writing and shall be sworn or attested to by the affiant and
28 expressly provide that it is based on the certifying affiant's personal knowledge and must be
29 notarized. Professionals preparing appraisals, or appraisal reviews, shall be required to possess
30 certifications as state certified residential appraisers for appraising one to four family residential
31 properties and state certified general appraisers for all other properties including commercial and
32 multi-residential. Neither an appraisal making an extraordinary assumption that a building or
1 The two approved tax assessment value methods of establishing the market value of a building or structure,
excluding the land and other improvements on the parcel,are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure,excluding the
land and other improvements on the parcel,that is developed and published by the Monroe County Property
Anbraiser's Office:or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding
the land and other improvements on the parcel)with an adjustment to that tax assessment value"to approximate
market value ONLY when the adjustment factor: (I.)Is provided in writing,by the County Properly Appraiser.(2.)
Is a single factor,and(3.)Is provided for a single use,for specified individual buildings or,if intended for use for
multiple buildings,the County Properly Appraiser specifies the time period during which the factor is valid(e.g..3
months)."Florida Guidance for Adjustment Factors Applied to Tax Assessment Values. State of Florida Division of
Emergency Management-Bureau of Mitigation-Office of Floodplain Management(Dec. 7,2022).
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I structure was in good condition as of a date prior to a flood event nor a retrospective appraisal (an
2 appraisal done retrospectively based on a date prior to the flood event) shall be eligible for
3 consideration or relief. A building or structure that was never lawfully permitted in the first place
4 shall not be eligible for issuance of a permit or development approval.
5
6
7
8
9
10
11 Chapter 122 FLOODPLAIN MANAGEMENT
12
13
14
15 Sec. 122-3.—Definitions.
16
17
18
19 Market value means the price at which a property will change hands or be transferred between
20 a willing buyer and a willing seller,neither party being under compulsion to buy,sell or transfer
21 and both having reasonable knowledge of relevant facts, which shall include imputing
22 constructive knowledge of controlling local, state, and federal laws and regulations. As used
23 in this chapter, the term "market value" refers to the market value of buildings and structures,
24 excluding the land and other improvements on the parcel. Market value may be established by
25 a qualified certified independent appraiser, Actual Cash Value (in-kind replacement cost
26 depreciated for age, wear and tear, neglect, and quality of construction), established by a
27 qualified certified independent appraiser or tax assessmentvaluei adjtisted by 20 pe-eent(24
28 . A uniform appraisal report prepared by a qualified certified
29 independent appraiser submitted by the applicant may be used if the Floodplain Administrator
30 considers such appraisal consistent with local construction costs. A structure or building
31 originally manufactured or built as a vehicle, shall exclusively be appraised by utilizing the
32 Kelley Blue Book or a NADA appraisal. Documentation of alleged local construction costs
33 submitted by a property owner to the Floodplain Administrator must be submitted in the form
34 of a sworn or attested affidavit that shall be based upon the personal knowledge of the
1 The two approved tax assessment value methods of establishing the market value of a building or structure,
excluding the land and other improvements on the parcel,are as follows:
(A.)Utilize the official tax assessment value(market improvement value)for the building or structure,excluding the
land and other improvements on the parcel,that is developed and published by the Monroe County Property
Anbraiser's Office:or
(B.)Utilize the foregoing tax assessment value(market improvement value)for the building or structure(excluding
the land and other improvements on the parcel)with an adjustment to that tax assessment value"to approximate
market value ONLY when the adjustment factor: (l.)Is provided in writing,by the County Property Appraiser.(2.)
Is a single factor,and(3.)Is provided for a single use,for specified individual buildings or,if intended for use for
multiple buildings,the County Property Appraiser specifies the time period during which the factor is valid(e.g..3
months)."Florida Guidance for Adjustment Factors Applied to Tax Assessment Values,Florida Division of
Emergency Management-Bureau of Mitigation-Office of Floodplain Management(Dec. 7,2022).
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I certifying affiant and must be notarized. Where an appraisal is not accepted because it appears
2 to be inconsistent with local construction costs,the applicant may request review by a qualified
3 certified independent third-parry appraiser duly authorized by the county. The cost of such
4 independent review shall be borne by the applicant. The reviewing appraiser shall determine
5 if the appraisal value reasonably reflects an appropriate market value of the structure. The
6 reviewing appraiser's determination must be in a written document, shall be sworn or attested
7 to by the certifying affiant and expressly provide that it is based on the certifying affiant's
8 personal knowledge, and must be notarized. Professionals preparing appraisals or appraisal
9 reviews shall be required to possess certifications as state certified residential appraisers for
10 appraising one to four family residential properties and state certified general appraisers for all
11 other properties including commercial and multi-residential. Neither an appraisal making an
12 extraordinary assumption that a building or structure was in good condition as of a date prior
13 to a flood event nor a retrospective appraisal (an appraisal done retrospectively based on a date
14 prior to the flood event) shall be eligible for consideration or relief. A building or structure that
15 was never lawfully permitted in the first place shall not be eligible for issuance of a permit or
16 development approval.
17
18
19
20 Section 3.These updates are necessary to ensure County consistency with the requirements
21 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
22 Management Office's model floodplain ordinance. However, in recognition that where an extant
23 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
24 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
25 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
26 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
27 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
28 in connection with of subsequent administrative and judicial construction and review of this
29 Ordinance and Monroe County Land Development Code Chapters 101 and 122,that all recodified
30 or reenacted provisions of Land Development Code Chapters 101 and 122, which includes those
31 provisions of Chapters 101 and 122 unchanged or not substantially modified by this ordinance,
32 shall be deemed to have been in operation continuously from their original enactment whereas the
33 changes or substantial modifications are treated as amendments effective from the time they go
34 into legal effect.
35
36 Section 4. Applicability. For the purposes of jurisdictional applicability, this Ordinance
37 shall apply in all unincorporated areas of Monroe County, Florida.
38
39 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
40 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
41 County ("BOCC") and such interpretation shall be entitled to great weight in adversarial
42 administrative proceedings, at trial, bankruptcy, and on appeal. The interpretation of Monroe
43 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
44 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
45 connection with this Ordinance shall be liberally construed and enforced in favor of the BOCC
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I and such interpretation shall be entitled to great weight in adversarial administrative proceedings,
2 at trial, bankruptcy, and on appeal.
3
4 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
5 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
6 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
7 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
8 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
9 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
10 continue unimpaired in full force and effect.
11
12 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
13 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
14 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
15 ordinance which has been repealed thereby.
16
17 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
18 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
19 and intent of the particular paragraph or text to which they refer.
20
21 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Sections 380.05 (11) and 380.0552(9), Florida Statutes.
23
24 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective pursuant to Section 9. until a final order is issued
26 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
27 Commission approving the ordinance, and if the final order is challenged, until the challenge to
28 the order is resolved pursuant to F.S. Chapter 120.
29
30 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
31 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
32 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
33 uniform marking system of the Code.
34
35 Section 12. Effective Date. This ordinance shall become effective as provided by law and
36 stated above.
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
39 Florida, at a regular meeting held on the 191h day of July, 2023.
40
41 Mayor Craig Cates, District 1 Absent
42 Mayor Pro Tem Holly Merrill Raschein, District 5 Yes
43 Commissioner Michelle Lincoln, District 2 Yes
44 Commissioner James K. Scholl, District 3 Yes
45 Commissioner David Rice, District 4 Yes
46
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I BOARD OF COUNTY COMMISSIONERS
2 OF PvIONROE COUNTY, FLORIDA
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MONROE COUNTY ATTORNEY
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10 ATTEST: KEVIN MADOK, CLERK
11
12
14 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: 3896197
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,July 1,2023
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 24th day of July 2023
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2023
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
SA K'��gpR'M�r re ,i6'�4'�
41. NCO aSNAW
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT
(ZONING) MAP
July 19,2023
NOTICE IS HEREBY GIVEN that on Wednesday,July 19,2023,the Monroe County Board of County Commissioners
will hold a Public Meeting,beginning at 09:00 AM.The BOCC meeting will be held in hybrid format,allowing the public
to attend either via Zoom Webinar or in person.The in-person meeting will be held at the Marathon Government Center,
located at 2798 Overseas Highway,Marathon,FL.The following items will be considered at the PUBLIC HEARING:
PUBLIC HEARINGS:09:00 AM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
LAND USE DISTRICT(ZONING)MAP FROM SUBURBAN COMMERCIAL(SC)AND SUBURBAN RESIDENTIAL(SR)TO
SUBURBAN COMMERCIAL(SC),FOR PROPERTY LOCATED AT 101 MAGNOLIA STREET,KEY LARGO,MILE MARKER 100,
LEGALLY DESCRIBED AS SQUARE 20,OCEAN ACRES(PB1-188),KEY LARGO,MONROE COUNTY,FLORIDA,HAVING PARCEL
IDENTIFICATION NUMBER 00454520.000000,AS PROPOSED BY MAGNOLIA 101,LLC;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 THE LAND USE DISTRICT(ZONING)MAP;
PROVIDING FOR AN EFFECTIVE DATE.(FILE 2014-173)See Map 1 below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
AND BACKGROUND, GOALS, OBJECTIVES, AND POLICIES, AND GLOSSARY OF THE MONROE COUNTY 2030
COMPREHENSIVE PLAN TO CLARIFY THE CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE
PLAN TO DEVELOPMENT,TO CLARIFY THE GENERAL AND DEFINED TERMS SECTIONS,TO CLARIFY CONSTRUCTION
OF CONFLICTS WITH THE MONROE COUNTY CODE(S),AND MODIFY ACCESSORY USES AND STRUCTURES;PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2022-093)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY
LAND DEVELOPMENT CODE SECTION 101-1 DEFINITIONS AND CHAPTER 122,FLOODPLAIN MANAGEMENT;ARTICLE
I.—IN GENERAL,SECTION 122-3—DEFINITIONS,TO UPDATE THE DEFINITION OF MARKET VALUE TO BE CONSISTENT
WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT-BUREAU OF MITIGATION-STATE OFFICE OF FLOODPLAIN
MANAGEMENT'S DECEMBER 2022 GUIDANCE ON Market ValuE AND MODEL FLOODPLAIN MANAGEMENT ORDINANCE
WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
BUILDING CODE,MEETING THE NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS AND APPROVED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013;PROVIDING FOR SEVERABILITY;PROVIDING FOR APPLICABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2023-024)
77 SIRIUS LANE,GEIGER KEY,MILE MARKER 11:A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A TEMPORARY CONSTRUCTION STAGING AREA FOR A
CANAL RESTORATION/WATER QUALITY IMPROVEMENT PROJECT AT PROPERTY LEGALLY DESCRIBED AS BLOCK 7 LOT
29 GEIGER MOBILE HOMES,GEIGER KEY,PLAT BOOK 5,PAGE 77,HAVING PARCEL IDENTIFICATION NUMBER 00146530-
000000.(FILE 2023-052)
A RESOLUTION BY THE BOARD OF COUNTY COMMISISONERS CONSIDERING A REQUEST BY JONATHAN TREMBLAY
TO WAIVE THE INCLUSIONARY WORKFORCE HOUSING REQUIREMENT APPLICABLE TO THE ESTABLISHMENT OF 662
SQUARE FEET OF OUTDOOR STORAGE AREA FOR A BOAT RENTAL BUSINESS,LOCATED AT 413 BARRY AVENUE,MILE
MARKER 29,LITTLE TORCH KEY,MONROE COUNTY,FLORIDA,HAVING PARCEL IDENTIFICATION NUMBER 00215140-
000000.(FILE 2023-119)
MAP
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Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda updates and
information regarding the various options available to the public to view the live meeting and/or to make public
comments on certain agenda items.
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of the
proceedings,and that,for such purpose,he or she may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony&evidence upon which the appeal is to be based.
ADAASSISTANCE..If you are a person with a disability who needs special accommodations in order to participate
in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the
hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting,,if you are
hearing or voice impaired,call`711."
fldn819]-1
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
jtfly 31, 2023
I)epartnient ol'State
AdirunistratiN,e Code & Regrister
500 S Bronougli Street
'I'allaliassee F1,32399-0250
'Fo NVI-toin It May Concern,
Attached is a copy ol'Ordinance No. 0 17-2023 aniending on roe County 1,xid
DcN,clopnient Code Section 101-1 - Definitions and Cliaptcr 122, Article I., Section 122-3 -
Dclinifions, to update the definition of'market value to be consistent with the Hon*da Division of'
Emergency Management - 13ureau ol'Mitig-ation - State 01ficc offloodplain Managernei it's
December 2022 Guidance on Market Value and Model Hoodplain Management Ordinance
wIncli is %vniticii to cxpllcltly rcl}`on and be coordinated with the flood provisions in the Honda
Building Code, meeting the National Flood Insurance Program Requirements and apprmcd by
the Federal Emergency Management Agcricy in 2013; providing for sevcral)110,; providing for
applicability; providing for repeal ol'conflicting provisions; providing for transmittal to the State
1,and Planning Ucricy and the Secret ,ol'Statc; providing 1'()r anicii(Inicia to and incorporation
in the Monroe County Iand Development Code; providing for an cll'cct]N,e (late.
'I'lils 0rdinancc was adopted [)},the Monroe Count}, Board of'Count}, Commissioners at a
regular niccfing, licld informal session, on July 19, 2023. Should you lm,c any questions please
1'cel free to contact nic at (305) 292-3550.
Rcsl)cct1`U1l}, Submitted,
KeNin Madok, CPA, Clerk of'
the Circuit Court & Comptroller&
cx-ollicio to the Monroe Count},
11oard of County Commissioners
b;':Pxncla G. Hxic-ock, D.
Cc: Planning& EnNironniental
County Administrator
County Attonicy
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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FLORIDA DEPARTMENT Of'STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 31, 2023
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. 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. 017-2023, which was filed in this office on July 31,
2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. COM-23-039
STATE OF FLORIDA
DEPARTMENT OF COMMERCE
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In re: A LAND DEVELOPMENT REGULATION N
ADOPTED BY MONROE COUNTY, FLORIDA, "' : c
ORDINANCE NO. 017-2023
FINAL ORDER yx
APPROVING MONROE COUNTY ORDINANCE NO. 017-2023
The Department of Commerce ("Department") hereby issues its Final Order, pursuant to
sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations
adopted by Monroe County, Florida(the "County"), Ordinance No. 017-2023 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. The County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the County on July 3, 2023, and rendered to the
Department on August 21, 2023.
3. The Ordinance amends Section 101-1 and Chapter 122 of the County's Land
Development Code("Code")to update the definitions of terms related to market value.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
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Final Order No. COM-23-039
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Goals 101
1503 and Objective 1503.4.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(d) Ensuring the maximum well-being of the Florida Keys and
its citizens through sound economic development.
(n) Protecting the public health,safety,and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 017-2023 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
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Final Order No. COM-23-039
DONE AND ORDERED in Tallahassee, Florida.
M edith Ivey, Deputy ecretary
Division of Community Development
Department of Commerce
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Final Order No. COM-23-039
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMERCE WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA
ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
•
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
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Final Order No. COM-23-039
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this pl.'," day of October 2023.
! icy
A L ency Clerk
Department of I . ► erce
107 East Madis. . Street, MSC 110
Tallahassee, FL 32399-4128
Telephone: (850) 245-7151
Facsimile: (850) 921-3230
By U.S. Mail:
The Honorable Craig Cates
Mayor, Monroe County
1100 Simonton Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County 1
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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