Ordinance 022-2023 1
6 MONROE COUNTY, FLORIDA
78 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 022-2023
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY LAND
13 DEVELOPMENT CODE SECTION 130-141 TO CREATE THE OCEAN
14 REEF OVERLAY DISTRICT AND ESTABLISH A PURPOSE AND
15 INTENT, BOUNDARY, EXEMPTIONS FOR NONCONFORMING USES
16 AND STRUCTURES, EXEMPTIONS FROM DEVELOPMENT
17 STANDARDS ESTABLISHED WITHIN LAND DEVELOPMENT CODE
18 CHAPTER 114, AND MODIFICATIONS TO SETBACKS FOR
19 ACCESSORY STRUCTURES AS PROPOSED BY SMITH/HAWKS PL ON
20 BEHALF OF THE APPLICANT OCEAN REEF CLUB,INC.; PROVIDING
21 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
23 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;
25 PROVIDING FOR AN EFFECTIVE DATE.'
26
27
28 WHEREAS, on June 8, 2020,the Monroe County Planning and Environmental Resources
29 Department ("Department") received an application from Bart Smith of Smith/Hawks PL (the
30 "Agent") on behalf of Ocean Reef Club, Inc., and Ocean Reef Community Association, Inc.
31 (cumulatively, the "Applicant,")to amend the Monroe County Land Development Code ("LDC")
32 to establish LDC Section 130-141 to create the Ocean Reef Overlay District to establish site
33 specific development standards, deviations and exemptions; and
34
35 WHEREAS,the Ocean Reef master planned community is a 100+ acre community which
36 is inaccessible to the surrounding community and has a distinct community character which has
37 additional regulations and is monitored and maintained by their homeowners association or similar
38 community association entity; and
39
40 WHEREAS, on October 19, 2021, the Agent submitted a revised application to provide
41 information, data and analysis to support the amended and restated Application; and
42
43 WHEREAS, on March 7, 2022,the Agent submitted revised language and additional data
44 and analysis to support the proposed text amendment; and
45
Monroe County Planning and Environmental Resources Department File No.2019-025.
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I WHEREAS, the Applicant has also requested a corresponding Comprehensive Plan Text
2 amendment to establish site specific development standards, deviations and exemptions for Ocean
3 Reefs; and
4
5 WHEREAS, the Applicant has also requested a corresponding Land Use District Map
6 Amendment to apply the proposed Ocean Reef Overlay District to a defined area 3; and
7
8 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
9 considered the proposed amendment at a regularly scheduled meeting held on January 25, 2022;
10 and
11
12 WHEREAS,the Monroe County Planning Commission held a public hearing on April 26,
13 2023, for review and recommendation on the proposed amendment,provided for public comment,
14 and adopted Resolution No. P12-23 recommending approval of the proposed amendment; and
15
16 WHEREAS, at a regularly scheduled meeting on the 181h day of October, 2023,the Board
17 of County Commissioners of Monroe County, Florida ("Monroe County", "BOCC", "Board", or
18 the"County")held a public hearing to consider adoption of the proposed Land Development Code
19 text amendment and provided for public participation;
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,
25 conclusions of law, and exhaustive statements of legislative purpose and legislative intent are true
26 and correct and are hereby incorporated as if fully stated herein.
27
28 Section 2. The text of the Monroe County Land Development Code is hereby amended as
29 follows (deletions are shown stricken through; additions are shown underlined):
30
31 Sec. 130-141. Ocean Reef Overlay District
32 (a) Purpose and Intent. The purposes of the Ocean Reef Overlay District are to implement
33 applicable goals, objectives, and policies of the Comprehensive Plan established under Goal 112
34 and to allow development that primarily serves the needs of the permanent residents of the Ocean
35 Reef master planned community, a gated 100+ acre master planned community.
36
37 The intent is to protect and maintain the character of Ocean Reef Club, Inc., and the Ocean Reef
38 master planned community by establishing specific standards, exemptions and reductions for
39 properties owned by Ocean Reef Club, Inc., and Golf Manor I Condominium Association, within
40 the Ocean Reef master planned community.
41
42 N Boundary. The Ocean Reef Overlay District shall be shown as an overlay district on the
43 Official Land Use District(Zoning) Map.
44
Monroe County Planning and Environmental Resources Department File No.2019-142.
3 Monroe County Planning and Environmental Resources Department File No. 2020-088.
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I (c)Applicability.hi order for a property owner to utilize the standards, exemptions and reductions
2 established within the Ocean Reef Overlay District, the property must be owned and operated by
3 Ocean Reef Club, Inc., or Golf Manor I Condominium Association, an amendment to the Official
4 Land Use District(Zoning)Map shall be required, and such overlay shall be shown on the Official
5 Land Use District(Zoning) Map.
6
7 (d) NONRESIDENTIAL DEVELOPMENT STANDARDS AS PROVIDED IN POLICY
8 112.1.1.
9 The following provisions shall control and supersede existing provisions of the Land Development
10 Code relating to nonresidential structures and uses within the Ocean Reef Overlay District.
11 1. Nonconforming Structures and Uses. Notwithstanding Section 102-56
12 Nonconforming Use, Section 102-57 Nonconforming Structures and Section 102-58
13 Nonconforming Accessory Uses and Accessory Structures, the following provisions shall
14 control:
15 a. Notwithstanding Section 5 and 6 below, lawfully established nonconforming
16 nonresidential principal and accessory structures and uses located within the Ocean
17 Reef Overlay District, that are destroyed, substantially damaged, or substantially
18 improved may be repaired,restored and/or replaced, even if 100 percent destroyed,
19 provided that they are rebuilt to preexisting use and that the nonconformity is not
20 expanded.
21
22 b. Notwithstanding Section 5 and 6 below, accessory uses or structures associated
23 with a lawfully established nonconforming nonresidential principal use may be
24 _permitted.
25
26 c. A nonconforming nonresidential accessory use or structures may continue if its
27 principal use or structure is destroyed, substantially damaged, or substantially
28 improved, discontinued, or removed,for redevelopment,provided that the owner is
29 moving forward with redevelopment of a principal use or structure- with active
30 concurrent permits for redevelopment of a principal use or structure without
31 expansion.
32
33 In the absence of an active concurrent permit for redevelopment of a principal use
34 or structure on the parcel,the accessory structure and use may remain for up to five
35 years from the date on which the principal use or structure is destroyed,
36 substantially damaged, or substantially improved, discontinued, or removed, for
37 redevelopment. The Board of County Commissioners may extend the five-year
38 time limit by resolution, if needed.
39
40 2. Open Space. Notwithstanding Section 130-164 Maximum Nonresidential Intensities
41 and District Open Space, the following provisions shall control:
42
43 a. Lawfully established nonresidential structures and uses, on property owned by
44 Ocean Reef Club, Inc., may be repaired, restored and/or replaced using the
45 previously approved open space ratio, provided stormwater management is in
46 compliance with Land Development Code (LDC) Section 114-2(5):
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1 1. Lawfully existing nonresidential principal structures and uses, on
2 property owned by Ocean Reef Club, Inc., which are nonconforming as to
3 open space, may remain, be repaired, substantially improved, restored, or
4 replaced without expansion provided the lawfully existing shoreline setback
5 is-maintained.
6 2. Lawfully existing nonresidential accessory structures and uses, on
7 property owned by Ocean Reef Club, Inc., which are nonconformin_ g as to
8 open space, may remain, be repaired, substantially improved, restored, or
9 replaced without expansion provided that the lawfully existing shoreline
10 setback is maintained.
11 b. Notwithstanding subsection 2(a) above, new nonresidential principal and
12 accessory structures, on property owned by Ocean Reef Club, Inc., may be
13 developed using the following open space standards, provided stormwater
14 management is in compliance with Land Development Code (LDC) Section 114-
15 2 5
16 1. New nonresidential principal and accessory structures, on properties
17 owned by Ocean Reef Club, Inc., development shall have an open space
18 requirement of twenty percent (20%), provided the clearing limits in
19 Section 118-9(d) are not exceeded and development is not proposed within
20 a wetland area identified in Section 118-4.
21 2. Notwithstanding Section 130-164, nonresidential parcels designated
22 within the Sparsely Settled (SS) zoning district and designated Residential
23 Low (RL) on the Future Land Use Map (FLUM), with lawfully established
24 nonresidential floor area, shall have a minimum zoning land use open space
25 requirement of twenty percent(20%).
26
27 3. Stormwater. The specific standards, exemptions and reductions contained within the
28 Ocean Reef Overlay District shall govern nonresidential structures and uses, on property
29 owned by Ocean Reef Club, Inc., within Ocean Reef master planned community provided
30 stormwater facilities adhere to the 25-year, 72-hour South Florida Water Management
31 District Standard, and eliminate off-property discharges and demonstrate that post
32 development total nitrogen and total phosphorous loads are less than pre-development
33 loads to the receiving water body (net improvement) or demonstrate a ninety five percent
34 (95%) reduction in stormwater total nitrogen load and total phosphorus load. Treatment
35 and disposal facilities must be designed and operated so that off-site discharges meet State
36 water quality standards.
37
38 4. Development Standards.
39 a. Nonresidential structures and uses, on property owned by Ocean Reef Club, Inc.,
40 within Ocean Reef master planned community are exempt from the below listed
41 Land Development Code Sections related to level of service / concurrency,
42 because the Ocean Reef Club, Inc., is responsible for providing financing,
43 operating, and re _gulating of its facilities and services, as needed to serve
44 development of its properties, within the Ocean Reef master planned community
45 1. Sec. 114-2. Adequate Facilities and Review Procedures.
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1 2. Sec. 114-3. Surface Water Management Criteria. (provided any
2 required state or federal stormwater requirements are met and the
3 stormwater management facilities are in place and available to serve the
4 development no later than the issuance a certificate of occupancy)
5 3. Sec. 114-6. Curbs and Gutters.
6 4. Sec. 114-7. Sidewalks and Shared Use Paths.
7 5. Sec.114-8. Installation of Utilities and Driveways.
8 6. Sec. 114-9. Water Supply and Sanitary Sewer Service.
9 7. Sec. 114-10. Road and Private Drive Name Signs.
10 8. Sec. 114-11. Traffic-Control Suns and Devices.
11 b. Sanitary sewer system availability shall be in place and available to serve new
12 nonresidential development no later than the issuance of a certificate of occupancy
13 or its functional equivalent. The Ocean Reef sanitary system must be constructed,
14 operated, and connected to central wastewater management facilities pursuant to s.
15 403.086(11), F.S., or the upgrade of onsite sewage treatment and disposal systems
16 must be pursuant to s. 381.0065(4)(1), F.S.
17 c.Nonresidential structures and uses, on property owned by Ocean Reef Club,Inc.,
18 within Ocean Reef master planned community are exempt from the following
19 sections contained within Chapter 114 related to development standards to maintain
20 and implement its community character and vision:
21 1. Sec. 114-66. [Parking and Loading] Purpose and Intent.
22 2. Sec. 114-67. Required Off-Street Parking.
23 3. Sec. 114-68. Parking Agreements.
24 4. Sec. 114-69. Required Number and Size of Loading/Unloading Spaces.
25 5. Sec. 114-70. Restriction on Use of Parking and Loading Spaces.
26 5. Setbacks. The following setback provisions shall control and supersede for
27 nonresidential development and redevelopment on properties owned by Ocean Reef Club,
28 Inc., within the Ocean Reef master planned community-except where a property line is
29 contiguous to a residential use, in which case only the shared contiguous boundary line
30 shall be subject to the setback requirements contained in Section 131-1.
31 For the purposes of this subsection, "contiguous to a residential use" shall mean all
32 residentially used or zoned property that shares a common boundary line with the property
33 subject to the application and shall not apply to on-site employee housing or commercial
34 apartments. For purposes of this subsection, contiguity is broken by a canal or a public
35 right-of-way.
36 a.Front yard Setback:Development and redevelopment shall comply with all front
37 yard setback requirements contained within Sections 13 1-1 and 131-3, except the
38 following allowances are permitted:
39 1. The total combined area of accessory structures shall be permitted to
40 occupy up to one hundred percent(100%) of the front yard setback within
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I the Ocean Reef Overlay District,provided compliance with the open space
2 requirements established in Land Development Code ("LDC") Sections
3 118-4, 130-162 and 130-164 is maintained and all stormwater is retained on
4 the property; and
5 2. The required front yard setback for nonresidential accessory structures,
6 limited to driveways walkways, off-street parking, and outdoor lighting
7 shall be zero(0)feet provided all stormwater is retained on the property and
8 all outdoor lighting complies with Chapter 114, Article VI Outdoor
9 Lighting.
10 b. Side Setback: Development and redevelopment shall comply with all side yard
11 setback requirements contained within Sections 131-1 and 131-3(d), except the
12 following allowances are permitted:
13 1. The required front yard setback for nonresidential accessory structures,
14 limited to driveways walkways, off-street parking, and outdoor lighting
15 shall be zero(0)feet provided all stormwater is retained on the property and
16 all outdoor lighting complies with Chapter 114, Article VI Outdoor
17 Lighting.
18 c. Rear Setback: Development and redevelopment shall comply with all rear yard
19 setback requirements contained within Sections 131-1 and 131-3(e), except the
20 following allowances are permitted:
21 1. Accessory structures, including off-street parking, shall be setback a
22 minimum of five(5)feet from the rear property line provided all stormwater
23 is retained on the property.
24 6. Shoreline setback. Pursuant to Policy 112.1.1, and notwithstanding Section 118-12(c),
25 nonresidential accessory structures will be permitted in shoreline setbacks on property
26 owned by Ocean Reef Club, Inc. within the Ocean Reef master planned community as
27 follows:
28 a. Along lawfully altered shorelines adjacent to manmade canals, channels, and
29 basins:
30 1. The combined area of all accessory structures may occupy up to ninety
31 percent(90%) of the upland area of the required 20-foot shoreline setback.
32 2. Accessory structures, including, but not limited to, pools, spas, and any
33 screen enclosure over pools or spas shall be set back a minimum of five (5)
34 feet from the MHW line. With the exception of docks and erosion control
35 structures (as to which no shoreline setback applies), an accessory structure
36 other than those listed above not exceeding 18 inches in height as measured
37 from grade may be permitted within the 20-foot shoreline setback if the
38 structure is-constructed to avoid any off-site discharge of stormwater from
39 the subject parcel.
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I b. Along unaltered or unlawfully altered shorelines located along natural non-
2 dredged waterways and open water:
3 1. The combined area of all accessory structures may occupy up to seventy
4 percent(70%) of the upland area of the required 50-foot shoreline setback.
5 2. Accessory structures, including, but not limited to, pools, spas, and any
6 screen enclosure over pools or spas shall be set back a minimum of ten(10)
7 feet from the MHW line or the landward extent of the mangroves,
8 whichever is farther landward, and shall be located in upland areas. With
9 the exception of docks and erosion control structures (as to which no
10 shoreline setback applies), an accessory structure other than those listed
11 above not exceeding 18 inches in height as measured from grade may be
12 permitted within the 50-foot shoreline setback if the structure is constructed
13 to avoid any off-site discharge of stormwater from the subject parcel.
14 c. All other shoreline setback provisions for principal and accessory structures
15 within Policy 212.2.4 shall apply.
16 7. Height. The maximum height of any structure or building shall comply with Section
17 131-2(a) and Comprehensive Plan Policy 101.5.31.
18 (b) RESIDENTIAL DEVELOPMENT STANDARDS AS PROVIDED IN POLICY 112.1.1.
19 Monroe County shall exempt or minimize its development standards for lawfully established
20 residential dwelling units within the Ocean Reef master planned community, which self-governs
21 its internal land development in order to provide uniform development standards and architectural
22 guidelines to protect the distinct community character within the Ocean Reef master planned
23 community as specified in the policies below.
24 1. Open Space. Notwithstanding Section 130-157, parcels designated within the Sparsely
25 Settled(SS)zoning district,with a lawfully established residential dwelling unit,shall have
26 a minimum land use open space requirement of fifty percent(50%).
27 2. Height. The maximum height of any structure or building shall comply with Section
28 131-2 and Comprehensive Plan Policy 101.5.31.
29
30 *****
31
32 Section 3. Construction and Interpretation. This Ordinance and its interpretation shall
33 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
34 County and such construction and interpretation shall be entitled to great weight in adversarial
35 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
36 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
37 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
38 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
39 enforced in favor of the Board of County Commissioners of Monroe County ("BOCC") to
40 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
41 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
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1 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
2 appeal.
3
4 Section 4. 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 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
13 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
14 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
15 repealed thereby.
16
17 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
18 Secretary of the State of Florida but shall not become effective until a notice is issued by the State
19 Land Planning Agency or Administration Commission finding the amendment in compliance with
20 Chapter 163, Florida Statutes and after any applicable challenges have been resolved.
21
22 Section 7. Inclusion in the Land Development Code. The text amendment shall be
23 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
24 amendment may be renumbered to conform to the numbering in the Monroe County Land
25 Development Code.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
B Florida, at a regular meeting held on the 18th day of October, 2023.
30 Mayor Craig Cates, District 1 Yes
31 Mayor Pro Tem Holly Merrill Raschein, District 5 Yes
32 Commissioner Michelle Lincoln, District 2 Yes
33 Commissioner James K. Scholl, District 3 Yes
31 Commissioner David Rice, District 4 Yes
36 , . BOARD OF CO COMMISS_ONERS
3 OF MONROE I Y, FLO'.:1 A
t
,60c,
'14 - " M.yor Craig Cates --,
•
44 ATTEST: KEVIN MADOK, CLERK mcomoe COUNTY ATT
45 AP VED 4,
46 LA44% Date 1 OJ3I2 :m
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47 �S DEP Y CL RK
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8 of 8
KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3905441
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, September 30,2023
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 2nd day of October 2023
(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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NOTICE OF CLOSED ATTORNEY/CLIENT SESSION
OF THE CITY OF KEY WEST CITY COMMISSION CAROLINCSPREET CORRIDOR AND BARAMAYILLAGCCCRA) In this Wednesday,Nov.27,2036,file photo,a Btightline
passenger train Passes by in Oakland Park,Fla.Florida's
ocrober 12,2023,lmmedl0t0ty following HER,city Go...tIoo meetlog,as high-speed passenger train service suffered the first fatality
Pursuant to Florida Statute Sec 286.011(8),the Key West too-FIT,ICT,ads,oo Neageoda. on its new extension between West Palm Beach and Orlando
City Commission will hold a dosed attorney/dient session BOARD oaADJusrmeNTCBOA) on Thursday,Sept 28 when a pedestrian was struck.
ung at 3:00 p.m.on Thursday,October 12,2023 in
City Hall located at 1300 White Street,EST Hoot Conference ocrober 1n 2023,Immedlarely following Ne caA meetlog.t000 as Ne High-speed rain
Room,Key West,FL 33040.The purpose of the session is to etrec aruer oo Ne agenda.
discuss litigation styled:flarborside,LLC v.City of Key West, m s� 1 s�Case NO.2023-%-SSO-K;Barry Kriegel v.City of Key West ff My vI reme arenoecomplmeA on meaame day,me.mceung wBl be headed �O Orlando
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discussions.The only personspecmittedmatteud the dosed mteryreteas,arslstivellstemog aevl ,or maredalsmamessmleformat �/V VAJ 1
session are embers of the City Commission,City Manager POrsvaot to ES.286.0105,oM c,4 glue.that If,person derider to appeal BY THE ASSOCIATED PRESS linghttic,Cpened its exten-
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS �Phen a pede ian Was s H,k palm Bearn m Miami.
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING h what appears to he a sw- Brigham,trains ha,c had
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN Rode,officials said.overall,it the highest death rate In the
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE tasB ea rightines99thdth u.S.sinreitSMiam l-W-Palm
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PUBLIC HEARINGS:09AO AM(e,esmon thr-or,as mey I,leeuq: Pierce,St Lucie County Sheriff mil road has a fatality every
ANORDINANCEBY iXE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USEMAPFROM Residential Meblum(RM)TO Ken NIL am said at a news' 130,000miles.
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MERCIALIMC),FOR PROPERTY LOCATED AT 1(3Gfi6,103G66,103G46,103935 and 103925 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATELY MILE MARKER 104, conference.He said the man NCne of the previous
WITH OFECEL DENTROSPION NUMBER111415240000000;0047625 000000;00475260-000000;004I620000000 and 00475280000000;AS PROPOSED BYAbii Holdings,LLC as homeless-and a I deaths'have been found to
PROVIDING FOR SPJERABILIIY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRNNSMIIIAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY ppearer
OFSTATE;PROVIDING FOR INCLUSION INTHEMONDE COUNTYCOMPREHENSIVE PLAN AND FORAMENDMENTTO THE FUTURE LANDUSE MAP PRONDINGFORAN EFFECTIVE DATE. to have intention ally stepped be E[ighti I,,fault-mes't
(ELL:M1a-0'La)SEE MAP I BELOW in front of the tiain. hate been irides.drt,,C
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY COMPREHENSIVE PLAN,ESTABLISHING GOAL 112,OBJECTIVE Ertghdine's-trains'Havel up Whe PC around cros-s-i,,g gates
1121 POLICY 1121.1 OBJECTIVE 112 2 AND POLICY 11221 TO CREATE SITESHECIFIC DEVELOPMENT STANDARDS,DEVIATIONS AND EXEMPTIONS FOR OCEAN FFEF AS in 79 m I Than auras 110 I raps'[urchin
PROPO SED BY SMITH HAWKS PL,ON BEHALF O F OCEAN REEF CLUB,ING AND OCEAN REEF CON MUNIIVASSOCIATON,INC.;PROVIDING FD R SEVEWIL17 PROVIDING FOR RE PEAL Phmu Cr pares gz HE
OF CONFLICTING PROVISIONS;PROVIDING FOR RANSMITTALTOTHE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FOR INCLUSION IN THE MONROE mph in les'spapelatedregiuns' backs'.
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE 2019-142) and 123 mph through central E[tghtl(ne has taken Yeps its
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AM WING MONROE COUNTY CODE TO MEND SECTION 130-141 TO CREATE THE OCEAN IRCrtda's farmland.It is' ,,, 1,ad,,FIS..en Fiat—'afety,
REEF OVEFLAY DISTRICT AN D ESTABLISH A PURPOSE AND INTENT,BOUNDARY,EXEMPTIONS FOR NONCONFORMING USES AND STRUCTURES,EXEMPTIONS FROM D%OPMENT ImCvvn hCvv fas[this'LYain Was includin II I I
STANDARDS ESTABLISHED WITHIN CHAPTER 114,AND MODIFICCLONSTO SETBACKS FORACCESSORY STRUCTIIRESAS PROPOSED BY SMITWHAWKS PL ON BEHALF OF OCEAN REEF g ar r ing c,t,,-cir-
CLUB,ING.PROVIDING FOR SEVERELARY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING WRTBANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE traveling,Mascara said, cHit c. . n ar tracks',
SECRETARYOFSTATE PROVIDING FOR INCWSION IN THE MONROE COUNTY CODE PROVIDING FOR AN EFFECTIVE DATE.CLE2019-025) Eright1m, effidal, did ic,tallmgl Etter 'rig gates
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEN DING THE MONROE COUNTY AND USE DISTRICT(ZONING)MAP TO APPLY THE OCEAN nCt immediately respond to and pedesbian III I,,,,and
REEF OVERLAY DISTRICT FOR PROPERTIES LOCATED AT 111 ANCHOR DRIVE 30 OCEAN FFEFDRIVE OO ANDROS ROAD,111 ANDROS ROAD,BEACH ROAD,OOFAN REEF DIVE,301 nails'and phone calls-seek- p'WJHgsignage thatincludes
OCEAN FFEF DF1VE,650 BEACH ROAD,314 ANcuon DRIVE DOCKSIDE LANE 31 OCEAN REEF DF1VE,2 DOCKSIDE DF1VE,396 S HARBOR DRIVE,too COUNTRY CWB R OAK,120
NIF.VAINALANE 100 NIFVANALAIJE 314AIJCHOR DRIVE TORCHWOOD LANE KEY LARGO,MONROE COUNTY,FLORIDA HAVING PARCEL IDENTIFICATION NUMBERS 0 ,72]O]-003fi00, ing cOmmenL the suitidepmventlon hotline.
00569482 000000,00081780 000300,006I0460-000000,OO6fiG610-000000,OO6fiG600-000000,OO6fiG4]0-000100,OO6fiG4G0-000000,OO6fiG4]0-000000,OO6fi G430-000000,
005fi9432-000000,00031I30-000300,00031Ifi0-000100,00031Ifi0-000000,00031330-000100,00031Ifi0-000200,00031740-000500,00031I20-000000,III 31I10-000000,
AND 00572797003800 AS PROPOSED OCEAN REEF CLUB ING,YAGHTSMAN INN LAND LLCM OR BUSINESS CENTER LLCM GOLF MANOR IA CONDOMINIUM AND RACQUET CLUB AT NOTICE OF MEETING
OCEAN REEF INC.;PROVIDING FOR SEVEREARIIN;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRNNSMITTALTO THE STATE LAND PLANNING AGENCY
AND THE SECFETARY OF STATE PROVIDING FORAMENDMENTTO THE LAND USE DISTRICT(ZONING)MAP PROVIDING FORAN EFFECTIVE DATE.(FILE 2020-033)SEE MAP 2 BELOW
LOW FLOW PLUMBERS MEETING
AN ORDINANCE BY iXE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL Thursday,October 5,2023 W 7:30 a.m.
MEDIUM ON)TO MIXED USE/COMMERCIAL N9 FORPROPERTY LO ORED AT 103301 OVERSEAS HIGHWAY,KEY LARGO,WING PARCEL DENTROSPION NUMBER 00472810-000 0 00
AS PROPOSED BY IIM SAUNDERS ON BEHALF OF IRWIN HOLDINGS 103301,FLC,PROVIDING FOR IN LIABILITY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING City Commission Chambers
FORTRNJSMITTALTOTHESTATEUWDPLANNINGAGENCYANDTHESECFFTARYOFSTATE PROVIDING FORAMENDM ENT TO THE FUTURE LAND USE MAP DESIGNATION(RDM)MAP 1300 While Street,Key West FL 33040
PROVIDING FOR AN EFFECTIVE DATE.(FILE 2023 081)SEE AMP 3 BELOW
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION AND BACKGROUND,AND GLOSSARY OF THE MONROE COUNTY Th a City seeks input from plu mbers on upholding new mandatory
2030 COMPREHENSIVE PLAIN TO CLARFYTHE CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAIN TO DEVELOPMENT TO CLARIFY THE GENERAL IOW tIOW hXlnm Ordinances t0r residential and commercial
AND DEFINED TERMS SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS WITH THE MONROE COUNTY CODE(S);PROVIDING FOR SEWWIL17 PROVIDING FOR REPEAL
OFCONFLICTING PROMSI ON,
;PROVIDING FORTRNNSMITTALTOTHE STATE LAND PLANNINGAGENCYANDTHE SECFFTARYOFSTATE PROVIDING FORINCWSION INTHEMONROE remodels and new construction. The Members Of the City
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE 2023-127) Commission may be in attendance.
MAP1 MAP2
ADA Assistance:It is the policy of the City of Key West to comply
l LT1M reau,lecerc ru With all requirements of the Americans with Disabilities Act(ADA).
' RM Co MC ,,.,„, c r r1TI Please Call the I IY number at 800-9b5-8111 or 800-9b5-8110
/ p ,r0'` '�f (Voice)or the ADA Coordinator at 305-809-3811 at least five
business days in advance for sign language interpreters,assistive
listening devices,ormatenals in accessible format
AH F )\e
x w
p ✓ 'z•,. Fes'
NOTICE OF B LIC MEETING
A KEYS K�, YS AQUEDUCT
MM"eM " '°° AUTHORITY
RMP 3 V.•LL.••.--
FLONDA KEYSAQUEDUCTAUTHORITY
1100 Kennedy Drive
Key West,Florida 33040
/�� i i
// Wednesday,October11,2023
0y, Regular Meeting
11:00a.m.
The purpose of the Regular Meeting is for the Board to take
/ 1 1 action on routine business matters for the Authority and to
receive reports on operational aspects of the organization.
IF
3 All agendas and backup can be viewed on our web site Q
www9caa.com,or a copy of the Agenda,or any backup,is
MTh ao�r er available upon request from FKAA,Pam Alburg Director of
Plrasevrsntle Monroe roomy WebSReatwww..nmenoomv-n.ro.m,mwt rig agentla opnatesam mo,mat on mgartlingtle va,nosoploma.anablewme Robgmn Executive Department,1100 Kennedy Drive,Key West,FL
w me the treminganNo,m make AobRn nom�remson certemageNe Rem. 33040, -2205,pal(305)295buryCl&aa.com.
Purs bSsctan 1BE0105Horic9 SfatufaGifaperwnckctlesN appaalanytlscicon ci Me BwrticiCantyCommissonerG wiM renPectb anymattercnr:sitleretlatNe maeAng or
n�arIre,naor�au"u weaarecomorrnayaveem0oa anernat rorWcnrvrwsa Nora may0aearoaOWwaWreaem wWmmrnayavaamOoelemam,wnln wWmmuOeae ADA ASSISTANCE:If you are a person with a disability who
ma menmo0ya avaa0W 0w0 wmm�rN ayywuemeaeased needs special accommodations in order!a participate in
ADAASSySTANCF.liyvu amapersw withaLisahilkywlrorwalsspecialaccommo.1atiunsin ortlertoparticpatein(hispmtteLirg,pkasemrtact@eCourtyALminis(reto/s this proceeding,please contact the Florida Keys Aqueduct
OXice hyphonirg(J05J 393-000f,leMe 1.hours d8J0 a.m.-See A..,rro kter(han fie,eJ�lerMar Lays pnorto thesdefulel_hec;Ayou am hearing or voke Authority,byphoning(305)295-2205.
impaiaM call"11f."
KEYS CITEKEN.WEEKEND EDITION,SEPTEMBER 30-1,2023 9A
Democratic Sen. Dianne McCarthy launches
last-ditch plan to keep
Feinstein of California government open but
� with steep 30% cuts to
dies at age 90 many agencies
BY THE ASSOCIATED PRESS ford er's...ity I,DC ecs
BYMARYCLAREJALONICK After Me,,c—' death, rs-uffi,iect and urging his
AND MICHAEL R.BLOOD I rstc I" bccam" Sac WASHING ON—Heusc II g ies to"r [:rrecdet'
The Associated Press Francisco's first female may Sp"rk", K" r McCarthy IT,federal g "ct
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m tD"mec t zero dram ,�J I d th"Scat Ictcllig"cc" but ueith t f sper,dir,g L hies mil tars Creep'
f' hf lib"'al c -vhe was Committeeand thefirstwom- rib of-art,30. t h macy 'tt nut pay funeugh federal
I"ct,d tc th"Scat,is 1992 t h s,rv"as t 7 idiciary g rci"s red: Cr,burdcr rks acd disrupt gev"m
arrd back"gee I r brai"rb ( mitt,e'tof D-m Prat. inty p—tsi :I narrdcd ct s,r,ic,s I f hgrare,
t ghetit hcrl g a Al the ugh F -t"ic w byhishard-right flank though that or"cr s Iy he frem
Fecal I atl aIfalitice has f t al,-, I Ityt t remelt t it,tlrc "Castt t ( g .
I IShe,a,90, f t ec' cut h"r"a D crmie Scuaw. I -I " neatI to furrd tlrc
Feinstein died on Thursday per ceeered I—cutleelk The package cleared a pro- ages er pas at ,pem,
eight at h"r hum" i rev ii c"ires through her five decades in cedural vote Friday but final bill to keep offices open.
W'hicgtoc D.(_ her efhc" Sen.Dianne Feinstein,D-Calif.,smiles after announcing pelitics. f 'sage is its aft—cer, While the 5 rats.is push
id car Friday.Op-mg th" the introduction of a Senate hill to repeal the Defense of I cicb["ic' bipa,tisar, c",taic t,t cg ue h"th"r irrg af—m Fr da, with it:
S a t Fee,,Se ate Nlajerfty Marriage Act,on Capitol Hill in Washington,March 16,2011. efforts helped her ,notch leg- t nbatted M C array has r widely bi [s art plat
I cad",Chuck Schum",ac I t o ,,th,enghent h"r t•suppe,t I e •d'frum f ,md by Ref Ili-cs arrd
re"d that "rrll"r this f rcactmh"r:ntc. nrcud -1 Ile th,back efth"cham e,But ital: IF—Cd to b" his If.,ItCpublicar,majart D—ec,ats to k""p gev
rnrg w"test a g'arT nr th" ir,g "ct I pCotcher,, 1—and fees",I leusc Sp"akcr a I'I ility is her I tc,year:is ty.So fat the right flank has c "ct ep"r cd bels-t„
S,r,ac cpCCdncti,C rights zero gurr, NaFcN I'I"i y sas the gallery ( as'g as Ii :t-t b"cam" r,j"ct,d his ffe,t "y as th UI U"aid zed S,disc-,
D'r,"F ir,t' ,as cectrol butw: I: Immvc fill I"ic:t,ir s danght", r alib"ral and -th"S"cat, push McCr thy cles",to ew nut: th Heus, has
f t me:t ac a icg p"upl" f rgmatic I �ak",,he Kath"nce. I th""1"ctoc rt,I m"m t I"macd-tt r"atcn his 1—r,in pulit I chaeb a'
t cacr grac.I th"S"cat, R tuleut to "f blian:arrd S c R atc "publicac I"ad", cCa,ir,gIN pelarfzed. :ter and risk g cmm"ct th,hard right flack wir"d
ZI e",grae"d t mry c u ght middle greurul Nit"1 M r,"cCcIl re of A fi,e d"b t,who did .l utdc—, eemml.
S t said his cic,crack 11 I"rtth cm ftc,a bent . al R"pubhc who gav" not suffer fools,the California IT,Reput li r sp"akC, The White House has the
-
g,'Asth"catlk mtthib fIiir,gl"s sidd'r"d her fe, o-tut,totthED" �uicicec ath,was tc ; k -c fer all but da,"Ihis-hold out i'c"d Mc(.aNNw"nurcbto
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ca 1I,Cs sh"Impacted arrd t is year r l—r—thattrailblam,and her b" backs wh" cha11"cg"d 1),f r"Satu,d a:almost e"r ftc,tth,I),ak aw bCd ay
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},sid"ct 7e"Bid who m "::ftl att,r by f t"r degg"d T rey and she lost that dge in her Oct 31. bndg"t I"e"Is-.
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t ilblar"r and a cI"ish"d :t ,"tru-d t th"Scat, I sce Bead fSip"rvise, rfub"d wh" ring Mt atfry said tth"(apttol. "rat,p,eg millien:
we
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ATTENTION!
�'C)fl`�
TRANSPORTATION PUBLIC HEARING °"""-
Come and learn about the Florida Department
���O�I�D��011llliillln �f of Transportation's Five-Year Tentative Work Ofl r7
Program for Fiscal Years H0C4WA
2024/2025 through 2028/2029 sue,
Miami-Dade and Monroe County Projects
Time:6 p.m.
937
DateTuesday,October 10,2023
.....
Attend In-Person at
sea"�
FDOT District Six Auditorium RsvP mr ❑i��
1000 NW 111 Avenue I
` YachtPockStaon Miami,FL 33172 a°a"da"`a _
Space is Limited: RSVP by October 2,
visit www.southflroads.com/work-programor
-� � scan the OR code.
� ti
Attend Virtually or on Monroe County TV Channel 76
To attend the Public Hearing via s"a"tom,
GoToWebinar from your computer,tablet a cad
or smartphone please register using the meally �
link below or scan the OR Code:
ROYAI FtlRNITORE R DESIGN d
l�1Wr it /� ♦ j https://attendee.gotowebinar.com/register/932479752026395737
���� F�1���1�1�/� Participants can also use their phone by dialing in to
<�. +1(213)929.4212;Access code:370.265.845
e
ARAAF � � j The Public Hearing will also be streamed online at
lj www.monroecounty-fLgoy and on Monroe County TV Channel 76
SHOP EARLY FOR at the same time and date listed above. Viewers can submit
P questions or comments via email to wpcomments@dot.state.fl.us
m BEST SELECTIUNSI and responses will be provided timely.
6 �
YOUR OPINION IS IMPORTANTTO US.
FDOT PROJECT MANAGERS WILL ATTEND IN PERSON AND
a � � VIRTUALLY TO HEAR YOUR COMMENTS AND ANSWER YOUR
QUESTIONS
9 9 pPr°p "
S 33813 S R r Act of To.en C 9 l Ias.9
p pP ry it, or all
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In � S d-11ry D Y Pers1— rM1e
UP T8l 50SaRE IDE 4h � p rsw2 lao2 waelwsa p p(7— of
Send WITen comments by October?D,?D23 ro Tls 1h,19 I 9M1er et(MI)
*DISCONTINUED ITEMS*SCRATCH'N'DENTS*OVERSTOCKS 110.5— °I—Ir F9 to EDDo ,coo
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P�,mo IIy 0 rmn 21,2N et main ,,,Aoenaer m Danz r v ern u
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Y
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
October 26, 2023
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 022-2023 by the Monroe County Board of County
Commissioners amending Monroe County Land Development Code Section 130-141 to create
the Ocean Reef Overlay District and establish a Purpose and Intent, Boundary, Exemptions for
Nonconforming Uses and Structures, Exemptions from Development Standards established
within Land Development Code Chapter 114, and Modifications to Setbacks for Accessory
Structures as proposed by Smith/Hawks PL on behalf of the applicant Ocean Reef Club, Inc.;
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 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 October 18, 2023. 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
Liz Yongue
From: County Ordinances <County0rdinances@dos.myflorida.com>
Sent: Monday, October 30, 2023 4:01 PM
To: Liz Yongue; County Ordinances
Cc: BOCCFinance; Abra Campo; Maureen Proffitt; Cheryl Cioffari; Deb Roberts; Ilze Aguila;
Schemper-Emily (Schem per-Emily@ Mon roeCounty-FL.Gov); Amanda Leggett; Corie
Abel;Jennifer Garcia; Lindsey Ballard; Sue Burke; Tamara Lamarche (boccdis4
@monroecounty-fl.gov)
Subject: RE: Monroe County; 10/18/2023 BOCC Meeting - Planning Item Q2
Attachments: Mon roe20231026_Ordinance022_2023_Ack.pdf
Good afternoon,
Please find the attached acknowledgment letter for Monroe County Ordinance No. 022-2023,which was filed in this
office on October 26, 2023.
Best,
County Ordinances
Florida Administrative Code and Register
Room 701 The Capitol I Tallahassee, Florida
From: Liz Yongue<eyongue@monroe-clerk.com>
Sent:Thursday, October 26, 2023 11:31 AM
To: County Ordinances<County0rdinances@dos.myflorida.com>
Cc: BOCCFinance<BOCCFinance@monroeclerkFL.onmicrosoft.com>;Abra Campo<Campo-Abra@monroecounty-
fl.gov>; Maureen Proffitt<proffitt-maureen@monroecounty-fl.gov>; Cheryl Cioffari <cioffari-cheryl@monroecounty-
fl.gov>; Deb Roberts<Roberts-Debra@monroecounty-fl.gov>; Ilze Aguila <aguila-ilze@monroecounty-fl.gov>;
Schemper-Emily(Schemper-Emily@ Mon roeCounty-FL.Gov) <Schemper-Emily@ Mon roeCounty-FL.Gov>;Amanda
Leggett<leggett-amanda@monroecounty-fl.gov>; Corie Abel <abel-corie@monroecounty-fl.gov>;Jennifer Garcia
<garcia-jennifer@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Sue Burke<burke-
sue@ monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty-fl.gov) <boccdis4@monroecounty-fl.gov>
Subject: Monroe County; 10/18/2023 BOCC Meeting- Planning Item Q2
EMAIL RECEIVED FROM
The attachments/links in this message have been scanned by Proofpoint.
Sender Full Name: Liz Yongue
Sender Phone Number: (305) 292-3550
County Name: Monroe
Ordinance Number: 2023 022
Thanks!
i
"eS� .� Liz Yongue
"" ' Executive Assistant to the Clerk
� k
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
500 Whitehead Street, Key West, Florida, 33040
Phone: 305-292-3550
www.monroe-clerk.com
PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged,
private, and/or confidential information protected by state and federal law. If you have received this information in
error, please notify the sender immediately and destroy the information.
Florida has a very broad public records law. Most written communications with any public agency in the course of its
official business are public record, and available to the public and media upon request. Your e-mail communication with
this office may be subject to public disclosure.
2
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
October 30, 2023
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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. 022-2023, which was filed in this office on October 26,
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-24-005
STATE OF FLORIDA
DEPARTMENT OF COMMERCE -n
rn
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In re: A LAND DEVELOPMENT REGULATION o
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 022-2023 r
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FINAL ORDER ,-
APPROVING MONROE COUNTY ORDINANCE NO. 022-2023
The Florida 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. 022-2023 (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 October 18, 2023, and rendered to
the Department on November 24, 2023.
3. The Ordinance amends the County Land Development Code("Code")Section 130-
141 to create the Ocean Reef Overlay District. In addition, the Ordinance establishes the
development standards,deviations, and exemptions for the Ocean Reef Overlay District.
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-24-005
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 Goal 101,
Policy 101.3.1, Objective 101.5, Policy 101.5.27, Policy 102.1.1, Policy 105.1.4, Policy 105.2.1,
and Policy 205.1.1.
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:
(b) Protecting shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
(e) Limiting the adverse impacts of development on the quality of water
throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the
natural environment, and ensuring that development is compatible with the unique
historic character of the Florida Keys.
(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. 022-2023 is consistent with the Monroe County Comprehensive Plan and Principles
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Final Order No. COM-24-005
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.
DONE AND ORDERED in Tallahassee, Florida.
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I I
Kate Doyle, Assistant puty Secretary
Division of Community Development
Florida Department of Commerce
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Final Order No. COM-24-005
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
FLORIDA DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST.MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@COMMERCE.FL.GOV
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-24-005
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 22nd day of January 2024.
t�
Ag;, cy Clerk
Florida Departmen • Commerce
107 East Madison. -et, 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
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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