HomeMy WebLinkAboutOrdinance 028-2024 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 028 -2024
9
10 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
12 CODE SECTION 114-163 ("WATERFRONT LIGHTING") TO ALIGN WITH
13 CHAPTER 6213-55, FLORIDA ADMINISTRATIVE CODE, AND ARTICLE V,
14 CHAPTER 12 ("SEA TURTLE PROTECTION"), MONROE COUNTY CODE OF
15 ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
16 APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING
17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
18 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
19 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND
20 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.'
21
22
23 WHEREAS,the Monroe County Board of County Commissioners ("BOCC", "Board",
24 "Monroe County", or the "County")recognizes that light pollution of beaches is a serious threat
25 to sea turtles and other species inhabiting its beaches; and
26
27 WHEREAS,the BOCC recognizes that nesting adult and hatchling sea turtles are
28 negatively affected by light pollution created by artificial light visible from any portion of the
29 beach; and
30
31 WHEREAS,the BOCC recognizes that sea turtles are protected by federal and state law;
32 and
33
34 WHEREAS,the BOCC recognizes that both its economy and the quality of life of its
35 residents are enriched by a healthy sea turtle population; and
36
37 WHEREAS, on or about July 17, 2024, the BOCC approved Ordinance No. 024-2024,
38 amending Article V ("Sea Turtle Protections"), Chapter 12, Monroe County Code of Ordinances,
39 to align with the guidelines outlined in Chapter 62B-55 ("Model Lighting Ordinance for Marine
40 Turtle Protection"), Florida Administrative Code; and
41
42 WHEREAS,these amendments incorporate the latest advancements in lighting
43 technology and establish best management practices (`BMPs") designed to significantly reduce
44 incidents of sea turtle disorientation, enhancing the protection of marine turtle habitats; and
45
1 Monroe County Planning and Environmental Resources Department File No.2024-066.
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I WHEREAS,the BOCC desires to minimize the detrimental effect(s) on nesting sea
2 turtle populations, and other listed sensitive wildlife by amending the standards in Monroe
3 County Land Development Code ("LDC") Section 114-163 to reduce the amount of artificial
4 light intentionally or unintentionally visible from beaches; and
5
6 WHEREAS, at a regularly scheduled public meeting held on December 11, 2024, the
7 BOCC held a duly noticed public hearing, considered the Monroe County Planning and
8 Environmental Resources Department's professional staff report accompanying this BOCC
9 agenda item (i.e., ordinance), which is dated November 25m, 2024, and prepared by Department
10 Senior Director Emily Schemper, and provided for public comment and public participation in
11 accordance with the applicable requirements of law and the procedures adopted for public
12 participation in the planning process;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
16
17 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
18 correct and are hereby incorporated as if fully set forth herein.
19
20 Section 2. The above-referenced November 25, 2024-dated Monroe County Planning and
21 Environmental Resources Department professional staff report prepared by and
22 from Monroe County Planning & Environmental Resources Department Senior
23 Director Emily Schemper, A.I.C.P.,2 C.F.M. 3 and its analysis and determinations
24 of fact and law are hereby accepted and adopted as if fully stated herein.
25
26 Section 3. Construction and Interpretation. Where any definition(s) or provision(s) of this
27 Ordinance imposes greater restriction(s)or regulation(s)upon a subject matter than
28 another definition(s) or provision(s) imposed by Article V, Chapter 12, Monroe
29 County Code of Ordinances, or if any definition(s) or provision(s) of Article V,
30 Chapter 12, Monroe County Code of Ordinances, imposes greater restriction(s) or
31 regulation(s) upon a subject matter than another definition(s) or provision(s)
32 imposed by this Ordinance, the definition(s) or provision(s) imposing the greater
33 restriction(s) or regulation shall be deemed to be controlling. The interpretation of
34 this Ordinance and all provisions of the Monroe County Comprehensive Plan,
35 Florida Building Code, Florida Statutes, floodplain management requirements, and
36 Monroe County Codes whose interpretation arises out of,relates to,or is interpreted
37 in connection with this Ordinance shall be liberally construed and enforced in favor
38 of the Monroe County BOCC, shall be construed in favor of the Monroe County
39 BOCC, and such interpretation shall be entitled to great weight in adversarial
40 administrative proceedings, at trial, bankruptcy, and on appeal.
41
42 Section 4. The text of the Monroe County Land Development Code is amended as shown and
43 stated herein. Proposed amendments are shown with deletions st+ieke*�hr-etfg4 and
44 additions underlined.
2 American Institute of Certified Planners(A.LC.P.)certification.
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
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I Sec. 114-163. Waterfront Lighting.
2 (a) Outdoor lighting within twenty-five (25) feet of any body of water shall be cutoff
3 lights and shall not exceed a height of eighteen (18) feet above grade A iv f. t rc°�
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7
8 (b) Dock lighting Lwl N kH-)k° fro. ii Itrr1Vcw. �ncw°����u�nv s����cw°s�����„ shall comply with
9 des�pm ei, yew° C I ]I N �d c V c :.oaL ,a ew° .� ..:� V..���.. � � V.:a 1u1uun.°v'
10
S OU11f�� u�l�u Vcw° ll�:�all I�ai�.�Vc �ncw°`����u�n s�„cw.a�� ���a�VV s�V��� �^oaii���;��Vy ��u4,.� �cw°�^��oin �2.::! � ��w. ��n���c.
11 Cod(."
12
13 (1) Light fixtures shall contain recessed light sources or shields;
14 2
15 IftHIles., f be of iiVak 4_—E)�'+---2-5...:. a ae a g "'r�ra lv... L G s4,"V110."fi;"Gw
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18 (3) Dock lighting shall consist of low-profile, low-level luminaries no higher than 48
19 inches off the decking such as low-mounted wall fixtures, low bollards, and dock-
20 level fixtures, so that the light source or any reflective surface of the light fixture is
21 not visible from the water; and
22 (4) The use of red or green lights or lights that emit red or green light due to a lens
23 or other method is prohibited.
24
25
26
27
28 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
29 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
30 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
31 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
32 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
33 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
34 continue unimpaired in full force and effect.
35
36 Section 6. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
37 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
38 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
39 repealed thereby.
40
41 Section 7. Captions and Paragraph Headings. Captions and paragraph headings, where
42 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
43 and intent of the particular paragraph or text to which they refer.
44
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1 Section 8. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning:Agency as required by Chapters 163 and 380, Florida Statutes.
3
4 Section 9. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
5 of Florida but shall not become effective until a final order is issued according to Chapter 380,
6 Florida Statutes, by the Florida State Land Planning Agency and/or Administration Commission
7 approving the ordinance, and if the final order is challenged, until the challenge to the order is
8 resolved pursuant to Chapter 120, Florida Statutes.
9
10 Section 10. Inclusion in the:Monroe County Code. The provisions of this Ordinance
11 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida;
12 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
13 uniform marking system of theCode.
14
15 Section 11.Effective Date.This Ordinance shall become effective as provided by law and
16 stated above.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
19 Florida, at a regular meeting held on the 1 lth day of December, 2024.
20
21 Mayor James K. Scholl, District 3 :Yes.
22 Mayor Pro Tern Michelle Lincoln, District 2 Yes
23 Commissioner Craig Cates, District 1 Yes
24 Commissioner David Rice, District 4 Yes
25 Commissioner Holly Merrill Raschein, District 5 Yes
26
27
28 BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30 ; A A
31 By
Ilk 4 . - 0 - 4.0 - r . / i
32 0Mayor.James . Se oll
33
MONROECO ATTORNEY
34 , :.- APB TO.FORM
35 f, .`(SE4L)w--,:. 4 -
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4 _
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3::7 , ;: A:TTE S T,t.'KE�� ,IN MAD OK, CLERK AS I STANT COUNTY ATTORNEY c) ri
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KeysNews.com
KE ZEN
khullv Islailds'VOne N"'ok"("
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/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3945132
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Amber Douglas ,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, November 23,2024
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.
F
(Signature ofAffiant)
Affirmed and subscribed before me this 25th day of November 2024
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2027
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
Notary Public State of Florida
Ak Jill Kalil Di Benedetto
ttN My Commission HH 390294
ExpirBS 61191202 7
PAGE AB NOVEMBER 23-24,2024 Keys Citizen.Weekend Edition keysnews.com
KEYSIIII ��Wp 11'pupuqq mmwwIIIIttIttIIIttIttII MNIp1Ig1 NR3
MONROE COUNTY PLANNING COMMISSION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING-NOTICE OF PUBLIC NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
HEARING NOTICE OF CHANGE TO MONROE COUNTY NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE
TIER OVERLAY DISTRICT MAP PLAN NOTICE OF CHANGE TO THE LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT
DECEMBER 12,2024 (ZONING)MAP
DECEMBMg2o24
NOTICE IS HEREBY GIVEN that on December 12,2024,the Monroe County Planning Coinmissionwi11 NOT CEIS HEREBYGRrENlhal un weo—,,DecemberR,2024the Monroe Coumy eoam 0-MyCo—iorerewm harts
hold a Public Meeting,beginning at 10:00AM.The Planning Commission hearing will be held in hybrid p,b1hhe rig,begmnmg,tR:OOAM.TheaoO—ongwCmehitdinhybridPormataummmgmepubucmatt,ndeilherm mum Webmnr
for-Eallowingthe publictoattend either via Zoom Webinar Orin person.The in-person meeting will be °r,poc°n Thep,,,°n meefng.11 beheld GUT,Murray NelmnGwernmem C..WA-W-102050 0....Highway,Hey
La . ere a
held at the Marathon Government Center,located at 2798 Overseas Highway,Marathon,FL 33050. q R Theloll°wing Item,will be t,nt,d d t the PUBLIC HEAPING:
The following items will be considered at the PUBLIC HEARING: PUBLIC HEARINGS:m:00AM(orasmoni.n... smay.karma
AN ORDINANCE OF THE MONROE COUNTY BOARD OF[OBNTY[OMMISSIONEU AMENDING THE DO OUR OF COUNTY LAND USE RIGHT ICT
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE ¢oNINGI MAPTOAPPrY THE TAVERNIEa KEYcoMMERCIALOVERLAY(TKCO)DISTRICTTO PROPERTY LOCATED AT 92501 OVERSEAS HIGHWAY,
KEY LARGO,APPROIIMATE MILE MARKER 926,CURRENTLY FLYING PARCEL IDENTIFICATION NUMBERS 00-90 000000 AND 00490250-
MONROECOUNIYTIEROVERLAYDISTRICTMAPFROMTIERITOTIERIIIASREQUESTEDBYSUZANNE& 000000,AS REQUESTED BYCEMEXCONSTRUCTION MATERIwsFmRIDa,aO FMASINGLETARY CONCRETE PRODUCTSINO,PROVIDING FOR
SERGIO RUBIO FOR PROPERTY LOCATED AT 227 CANALSTREET,TAVERNIER,LEGALLY DESCRIBED AS BLOCK SEVERABwrr,EDOUDING FOR REPEAL OF CONFLICTING EDOUSIONS,PRomDING FOR TRANSMITTAL TO THE STATE La ND PLANNING AGENCY
8LOT10AND SOUTH%OF LOT 9 OCEAN PARK VILLAGE PLAT BOOK 4 PAGE 14 KEY LARGO,FL HAVING (FILE 202205)&.w Hlm.cV iowG FORAM EN0M ENT TO THE uwO USE DlsrelCT(zoNINN MAP;PBom DING FOR ANEFFECTmE DATE.
PARCEL I D NO MEET 00446670-000000;APPROXIMATE MILE MARKER 93.(FILE 2024170) AN ORDINANCE OF THE MONROE COUMYBOARDOFCOUNTYC(HMHSUIONEes AMENDING THE MONROE COUNTY COMPREHENSIVE
PLAN TO ESTABLISH GOAL III OBJECTIVE 1111,AND SITE SPECIFIC SUBAREA POLICY I1311 TAVERN ER WORKFORCE HOUSING SUBAREA I
PUBLIX SUP ER MARKETS.INC..1014990VERSEASHIGHWAY.KEY LARGO.MILE MARKERIOI.00EAN FOR A PORTION OF PROPERTY LOCATED AT 92501 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATE MILE MARKER 92.5,CURRENTLt HAVING
PARCEL IDENTIFICATION NUMBER 00-90 000000,WHICH INCLUDES CHANGES TO EXISTING COMPREHENSIVE PLAN POLICIES LIMITING
SIDE:A PUBLIC HEARING CONCERNING A REQUEST FOR A BAPS ALCOHOOC BEVERAGE USE PERMIT, DlsPosIDonoF EARLY EwOUATIonuNNnuoOATlonsloAlfoe-1 EXCHANGE PROGRAM FOR BANKING INTonDMINlsreATnQeeuEFPOOL
WHICH WOULD ALLOW FOR BEER,WINE AND LIQUOR PACKAGE SALES FOR OFF PREMISES CONSUMPTION. FORTAKINGSAND BERT wwRISACT LIABILITY REDUCTION COUNTYWIDE 9REQUESTED BY CEMEX CONSTRUCTION MATERIALS,FLORIDA,
lTO PROVIDING FOR SEVERABIIlI1N,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDINGFORTRANSMITTALTOTHESTATE
THE SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF TRACT'A"OF THE PLAT LAND PLANNING AGENCYANDTHE SECRETARYOFSTATE,PROVIDING FOR AMENDMENT TO THE COMPREHENSIVE PLAN,PROVIDING FOR AN
'TRADEWINDS"AS RECORDED IN PLAT BOOK7,AT PAGE 42 OF THE PUBLIC RECORDS OF MONROE COUNTY; EFFECTIVE WE(FILE 2023200 S.I.-map.Isw
FLORIDA,HAVING PARCEL IDENTIFICATION NUMBER 00454611-000100.(FILE 2024-185) AN ORDINANCE BYTHEMONROE COUMYBOARD OF[OBMY[OMMISSMOMERSAMENDING MONROE COUNTY LAND DEVELOPMENT CODE
SECTION 191153 WATERFRONT HOLD NO,,TOALI ON WITH CHAFFER 62B£6 FA C.AND CHAFFER 12,AL ICLE V OF THE DO ON ROE COUNTY CODE
oe ORDINANCES,PROVIDING FOR sEVERAewlr,PROVIDING FOR APPLICABILITY,PROVIDING FOR REPEAL of CONFLICTING PROVISIONS,MARK AND RUTH ANN KNOWLES,1041200VERSEAS HIGHWAY.KEY LARGO,MILE MARKER 104,BAY PR11 ZING FOR TRANSMRTALTO THESTATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENTTOAND
SIDE.A PUBLIC HEARING CONCERNING A REQUEST FOR A VARIANCE TOTH E FENCE HEIGHT REQUIREMENTS INCORPORATION IN THE MONROE COUNTY IND DEVELOPMENT CODE,PROVIDING FOR AN EFFECTIVE WE(Fu202406Q
SET FORTH IN CHAPTER 114,ARTICLE I OF THE MONROE COUNTY LAND DEVELOPMENT CODE IN ORDER TO LOCATION MAP
CONSTRUCT A 6-FOOT-TALL FENCE WITH AN 18 FOOT WIDE,6-FOOT-TALL GATE WITHIN THE FRONTYARD
SETBACK.THE PROPERTY IS DESCRIBED AS LOT 9,BAY-WOOD,ACCORDING TO THE PLAT THEREOF,AS .A
RECORDED IN PLAT BOOK1,PAGE(S)102,OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA,HAVING
PARCEL IDENTIFICATION NUMBER 00439670-000000.(FILE 2024-127)
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION ADOPTING RULES AND
PROCEDURES FOR THE ADMINISTRATION AND CONDUCT OF PROCEEDINGS AND HEARINGS;PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR AN EFFECTIVE
DAI E.
RATIFICATION OF PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT ADMINISTRATIVE RULE 7, -
OF PROCEDURE NO 01-24 PROVIDING FOR SEVERABIOTY;PROVIDING FOR REPEAL OF CONFLICTING `` 0oaa4so.bo0o
PROVISIONS;PROVIDING FOR AN EFFECTIVE DATE.
ADA ASSISTANCE:Ifyou area person with a disability who needs specialaccommodationsin order Please vIMN Hb Monree County Nkbsib!at www.monrcewunryNl.gov ror me tirgagertla uptlab!santl iMormation regaNing
to participate in this proceeding,please contact the County Administrator's Office,by phoning IN variousoptionsavaihble rot.public I.viewi.live...0 dlorromake public wmmen.....Ir inagentla items.
(305)191-4441,between thehours of8.90a.m.-5:OOp.m.,nolater than five(5)calendar daysprior y,,,,.;,a„rmserv.....ocrfoAd,SAX&,,�taper�o°de,Vdesroa7pma°yaBw;o°wmeaoam wcon°rycomm.....ore ., peer
to the scheduledmeating;ifyou are hearing or voice impaired,call"7111 maAymarrerrorslAredarmamaaaAy om®rtAy,na ots�w.0 Aeedarerom ormaytoreemAy,,aAd th,Sk,s hm Po=e,neotsne
mayneed ro eruure a vuba0m,eroN NMep,oceedngsumag wAioi rero,dirrltde,be trsOmony&evidence upon wAioi be app¢I
robed d
Please visit the Monroe CountyWebsite atwww.monroecounty-fl.govfor meeting agenda updates
and information regarding the various options available to the public to view the live meeting ADAAsmraxcexyouaeaceraon wanaal:amrrywnonKa::ya�nlaaw,mroaxloa:mome.rowrrloyaremrm:pr�eeamy,
plmse mnfM M.C.Ny AEminis 'A office by vM W(305)29A4446 Ad.f.hours WaJo a.m.-S:OO v-rm INer
and to make public comments on certain agenda items. naanre(��akaaa.aay5pno.ronre:meameamKalre;arouareheanre o.uoxelmpalrea�aa^m•
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ATTENTION! FDO �I�IJI
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TRANSPORTATION PUBLIC HEARING �`"- � kjyj4W��i� a IR
Came and learn about the ,tom iTju�uf"tU)
Florida Department of Transportations(FDOT)QCM
f14TK
Five Year Tentative Work Program for Fiscal Years2025/2026 through 2029/2030 QOA
DProjects in Miami-Dade and Monroe Counties
Time 6 p.m.
Date.Wednesday,December4,2024
Attend In-Person at
scan ro PIMP
❑■
RS,/P for I
1000 District Six Auditorium I ,i
1000 NW 111 Avenue C.,dS. f/Y
Miami,FL 33172 anendanoe -
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Space is Limited:RSVP by visiting ❑■ f- '� uummm mmm
VVWw.southfl roads.com/work-program Vuu mtlR^" VuuumtlR^" �UNr. uumo 0i mo 1^fiNmo 1IIIIIII uumo
or scan the OR code.
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Attend Virtually or on Monroe County TV Channel 76 umotl UHL VuuumtlR^" II �'��Ih
To attend the Public Hearing via Microsoft ssa,N, 3 IJII�IIyIIgII° v o 0
Teams from your computer,tablet or atle d, ❑■ TIC" Iluid �'
selow or ne please register using the Ilnk vnuauY
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below or scan the OR Code:
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httosaftinyurl.camlworkprogrampublichearing O IIIIIII NII� IIIIIII �II���IIIIIIII�� II� rr1 In�PmfiTHllll B ����� ������
Participants can also use their phone by dialing in to
+1 850-739-5589;Access code:733-395-535 A c-rdiPS to AAAFoAvidation lot lvalficSafely,vnilliovis of driver,
aNPS.S.al it,.v he fWllowiPS alyy ve behavior5 rrrlliddirr..q{
The Public Hearing will also be streamed online at ggqf„µ, AWkN
www.monroecounty-fl.gov and an Monroe County TV Channel 76 "'^^ Aav
at the same time and date listed above. Viewers can submit , ler
questions or comments via email to wpcomments@dot.state.fl.us bu kNl �
and responses will be provided timely. mlmtltltl
YOUR OPINION IS IMPORTANT TO US. oufNN@pgas., NV'yp,
FDOT PROJECT MANAGERS WILL ATTEND IN-PERSON ANDry�Gµu AIM^pI'er/
VIRTUALLY TO HEAR YOUR COMMENTS AND ANSWER YOUR IIIIaIILu/cV
QUESTIONS.
The PUbuc Hearng is being held n eomanee Wu also he neomoated rim me pubuc doament.
wish Section 339.135,Florida Statutes and to offer The proposed iF,U ovFF Fn have been
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by T. 1000 NW 111 A nue,R fi134, FOOT,1000 NW 111 A e,Ma FL 33172
Marti, Florda 33172, or email. orbyemal at mak pl Qdot gate fl u,at least
CynthiaTureloQadot state fl a S.These comments Seven days prior to the hearing.
keysnews.com Keys Citizen.Weekend Edition NOVEMBER 23-24,2024 PAGE A9
y�Q��AQ� to be yourtrusted.1IlC'i�rS source. NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE
The City Commission of the City of Key West,Florida,will consider the following Ordinance for
_ Second Reading(Proposed Adoption)at am meting and public hearing to be held at5:00 p.m.,or
KLY r1rEN as soon thereafter as the matter maybe heard,on December 12,2024 at City Hall,1300 White
-'-. Street.The hearing for this item may be continued to a date certain as required by the City
Commission.
NOTICE OF REQUEST FOR EASEMENT ORDINANCE NO.
The City Commission of the City of Key west,Florida,will consider a An Ordinance ofthe City ofKeyWest,Florida,amending Chapter 78 ofthe Code ofOrdinances,
request for Easement at 430 Greene street,Key west,Florida,at s:oo p.m., entitled"Vehicles for Hire';by amending Article I entitled"In General"and by amending
on December 12,2024 or as soon thereafter as the matter may be heard,in Section gforre78-4 pealotled"limousines"to include non dinCOI lforan effective
Providing for severabfl'ty;
Commission Chambers,City Hall,1300 white Street,Key west,Florida. Providing for repeal Of'Inconsistent provisions;Providing for an effed'Ne date.
Applicant.Trepanier&Associates,representing 430 Greene LLC,as shown in This proposed ordinance may be read in its entirety by requesting a ropy from the City Clerk's Office
the following survey: by either phoning 305-8093835 to request a ropy or noodling Clerk@dNolkevwest-ftwv.Afull
ropy will also be published with the December 12,2024agenda at www.dNofkevwest-ftei Any
interested parry who wishes to speak on this ordinance should rontactthe City Clerk's Office prior
,r tothemeefing.
Pursuant to F.S.286.0105,notice is given that ifa person deddes to appeal any decision made by
w y,( the Comm ission with respect to any matter considered at such in meting or hearing,that person will
need a record ofthe proceedings and that,for such purpose,that person in ay need to ensure that a
verbatim record ofthe proceedings is made,which record includes the testimony and evidence upon
which the appeal is to be based.
ru`A'
ADA ASSISTANCE:It is the policy of the City of Key West to comply with all requirements of the Amen
\ f\ o answith Disabilities Act(ADA).Please all the TTY number at 1-800-955-8771 or for voice 1-800-955
i
8770 or the ADA Coordinator at305-809-3811 at least five business days in advance for sign language
interpreters,assisfive listening devices,or materials inaccessible format „
i
r NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE
The City Commission of the City of Key Wes[,Florida,will consider the following Ordinance for
Second Reading(Proposed Adoption)at meeting and public hearing to be held at5:00 p.m.,or as soon
h ' thereafter as the matter may be heard,on December 12,2024at City Hall,130OWhite Street The hearing
for this item maybe continued too date certain as required by the City Commission.
ORDINANCE NO.
ADA ASSISTANCE:It is the policy of the City of Key west to comply with An Ordinance of the City of Key West,Florida,amending Chapter 2 of the Code
all requirements of the Americans with Disabilities Act(ADA). Please call of Ordinances,entitled"Administration"by amending Section 2-708,to the
the TTY number at 1-800-955-8771 or for voice 1-800-955-8770 or the ADA Homebuyers Assistance Program by revising processes and other requirements
Coordinator at 305-809-3811 at least five business days in advance for sign necessary to operate the program;Providing for severability;Providing for repeal
language interpreters,assisfive listening devices,or materials in accessible of inconsistent provisions;Providingfor an effective date.
format.
This proposed ordinance may be read in IN entirety by requesting a copy from the City Clerks Office by
Pursuant to P.S.286.0105,notice is given that if a person decides to appeal arty either phoning 305-809-3835 to request copy or emailing Clerkddtyofkeywestfl.gov.A full copy
decision made by the Commission with respect to arty matter considered at will also be published with the December 12,2024agenda atwww.cityofkeywestfl.gov.Any interested
such meeting or hearing,that person will need a record ofthe proceedings,and party who wishes to speak on this ordinance should contact the City Clerks Office prior to the meeting.
that,for such purpose,that person may need to ensure that a verbatim record Pursuant to F.S.286.0105,notice is given that ifa person decides to appeal any decision made by the
ofthe proceedings is made,which record includes the testimony and evidence Commission with respect to any matter considered at such meeting or hearing,that person will need
upon which the appeal is to be based. _ record of the proceedings,and that,for such purpose,that person may need to ensure that verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is to be based.
NOTICE OF COMMUNITY MEETING ADAASesActADA).s the leaserlltheTYnumbeywesttocomply their 8771orfrwiiremeraofth8770Anneort[eADA
Disabilities Act(ADA).Please all the T1Y number at 1-80U955S771 or for voice 1-80U955-8770 or the ADA
(oordiretorat 305-8K143811 at least five business days in advance for sign language imerpetegassisive listening
devices,or materials in accessibleformat.
REQUEST FOR AN AMENDMENT TO THE MONROE COUNTY
COMPREHENSIVE PLAN
REQUEST FOR AN AMENDMENT TO THE MONROE COUNTY LAND ATTENTION! FD 0CT�
DEVELOPMENT CODE TRANSPORTATION PUBLIC HEARING
Come and(earn about the ,yam h
December 12,2024 Florida Department of Transportation's(FDOT) ?I'Qlh,
f1s
Five-Year Tentative Work Program for IdANOTICE 6 HEREBY GIVEN that on Thursday,December 12,2024,the appicant of the below mentioned applications will Fiscal Years 2025/2026 through 2029/2030 V
hold a Community Meetingvla Communications Mul Denokgy(CMfl ZmO Meeting,beginning at 5:05 PM. Projects in Miami-Dade and Monroe Counties
Time:6 p.m.
The following items will be discussed d the Commonly Meeting: Date:Wednesday,December 4,2024
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADORING AMENDMENTS Attend In-Person at
TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE LAND USE ELEMENT AND scen �ir
THE HOUSING ELEMENT TO MODIFY THE REQUIREMENTS RELATED TO THE 300 KEYS AFFORDABLE FDOT District Six Auditorium RsvP fo, e
WORKFORCE HOUSING INITIATIVE EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS CREATED BY 1000 NW 111 Avenue °-person
THE GOVERNOR OF FLORIDA,ATTORNEY GENERAL OF FLORIDA,CHIEF FINANCIAL OFFICER OF FLORIDA, Miami,FL 33172 attendance
AND FLORIDAAGRI CULTURE COMMISSIONER ACTING IN THEIR CAPACITYAS THE FLORIDA ADMINISTRATION
COMMISSION BY REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE Space is Limited:RSVP by visiting 0 (-
REQUIREMENT BY AMENDING,AS WELL AS CLARIFYING,POLICIES 101.2.2,101.24,101.3.1,101.32,101.3.3, www.southFI roads.com/work-program
101.34,101.3.10,101.3.11,101.3.12,601.1,601.1.1,601.12,601.1.9,601.1.11,601.5.1 PROVIDING FOR or scan the OR code.
SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENTTO AND
INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE. Attend Virtually or on Monroe County TV Channel 76
(FILE N0.2024-213) To attend the Public Hearing via Microsoft sb.—I> 3
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS Teams from your computer,tablet or at
noetend
TO THE MONROE COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 139-24,RESIDENTIAL ROGO smartphone please register using the link vlty
ALLOCATIONG,TO MODIFY THE REQUIREMENTS RELATED TO THE 300 KEYS AFFORDABLE WORKFORCE below or scan the QR Code:
HOUSING INITIATIVE EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS CREATED BY THE
GOVERNOR OF FLORIDA,ATTORNEY GENERAL OF FLORIDA,CHIEF FINANCIAL OFFICER OF FLORIDA,AND
FLORIDA AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY AS THE FLORIDA ADMINISTRATION https:/@inVurl.com/workprogrampublichearing
COMMISSION BY REMOVING THE 1-FOR-1 TAKINGS AND BERT HARRISACT LIABILITY REDUCTION EXCHANGE Participants can also use their phone by dialing in to
REQUIREMENT,PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, +1 850-739-5589;Access code:733-395-535
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 The Public Hearing will also be streamed online at
CODE,PROVIDING FORAN EFFECTIVE DATE.(FILE N0.2024-215) www.monroecounty-fl.gov and on Monroe County TV Channel 76
at the same time and date listed above. Viewers can submit
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY301.72 questions or comments via email to wpcomments@dot.state.fl.us
OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO ALLOW BRIDGES ON US1 TO BE EXPANDED TO and responses will be provided timely.
FOUR LANES,AS REQUESTED BY THE BOCC ATTHEIR NOVEMBER 19,2024,REGULAR COMMISSION MEETING,
PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR YOUR OPINION IS IM PORTANT TO US.
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR FDOT PROJECT MANAGERS WILL ATTEND IN-PERSON AND
AMENDMENT
DATE
AND FLENORPO4-216)IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN VIRTUALLY TO HEAR YOUR COMMENTS AND ANSWER YOUR
EFFECTIVE DATE.(FILEN0.2024-21fi) QUESTIONS.
AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 101-1 ThbPnbnb Hbbnng s bbmg held,bbbnmbnbb wnL bLso bbnbomo,brodmm rob pnbnbdobnmbnc
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REQUESTED BY THE BOCC AT THEIR NOVEMBER 20,2024,SPECIAL WORKSHOP,PROVIDING FOR ro�hLoh"r°y syne".w o°d pvhuc oaesporcaooe of ieea oed me avo RLoht Arx of ieee.
ohm FLondb Dbibbmnbnto-bnbponbann Dbmm Pnbob portcLponoe b bnudred wLmovt regbm toSEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO SF,owYbb,Tbntbaob won:P,og—DLsmm
THESTATELAND PLANNING AGENCY AND THE SECRETARYOF STATE,PROVIDING FOR AMENDMENT TO AND so md ,m,db,. Dade bnd M—ob bs. ,bob bone nbt,o,bl ongm,one,sec bb no,,
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
December 17, 2024
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 028-2024 by the Monroe County Board of County
Commissioners amending Monroe County Land Development Code, Section 114-163
(Waterfront Lighting) to align with Chapter 62b-55, Florida Administrative Code, and Article V,
Chapter 12 (Sea Turtle Protection), Monroe County Code of Ordinances; 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on December 11, 2024. 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 17, 2024
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. 028-2024, which was filed in this office on December
17, 2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. COM-25-004
STATE OF FLORIDA
DEPARTMENT OF COMMERCE -71
cp
In re: A LAND DEVELOPMENT REGULATION
rn
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 028-2024
rn
C)
74*
FINAL ORDER -+ c
APPROVING MONROE COUNTY ORDINANCE NO. 028-2024
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. 028-2024 (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 December 11, 2024, and rendered to
the Department on January 13, 2025.
3. The Ordinance amends Section 114-163 of the County Land Development Code to
align with the Model Lighting Ordinances for Sea Turtles adopted by the Florida Department of
Environmental Protection. This includes the addition of provisions requiring all lighting fixtures,
including dock lighting,visible from sea turtle nesting areas be designed,positioned, modified, or
removed in order to comply with Section 12-116 of the Monroe County Code of Ordinances.
1
Final Order No. COM-25-004
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
3 80.05 52(9), Fla Stat.
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 Objective
206.6; and Policy 206.6.3.
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.
§§ 3 80.05(6) and 3 80.0552(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 can achieve these objectives without
continuing the area of critical state concern designation.
(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.
2
Final Order No. COM-25-004
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.028-2024 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.
DONE AND ORDERED in Tallahassee, Florida.
g /1'
Justin Dome Deputy Secretary
Y
Division of ommunity Development
Florida Department of Commerce
3
Final Order No. COM-25-004
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.
4
Final Order No. COM-25-004
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 1t1t) day of February 2025.
A_At....... !...A .A
Ag ncy Clerk
Florida Departmi
of Commerce
107 East Madis. treet, MSC 110
Tallahassee, FL 32399-4128
Telephone: (850) 245-7151
Facsimile: (850) 921-3230
By U.S. Mail:
The Honorable Jim Scholl
Mayor, Monroe County
530 Whitehead Street, Suite 102
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5