Ordinance 006-2025 F
11
1 rw w„yd ri
2 MONROE COUNTY, FLORIDA
3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
4
5 ORDINANCE NO. 006 -2025
6
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
9 DISTRICT MAP FROM TIER III-A TO TIER III, AS REQUESTED BY
10 SPOTTSWOOD, SPOTTSWOOD, SPOTTSWOOD AND STERLING PLLC, ON
11 BEHALF OF 21660 OVERSEAS HWY, LLC, FOR PROPERTY LOCATED AT
12 21660 OVERSEAS HIGHWAY, CUDJOE KEY, LEGALLY DESCRIBED AS
13 LOTS 11 THROUGH 15,SACARMA SUBDIVISION,ACCORDING TO THE MAP
14 OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 48, OF THE
15 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING PARCEL ID
16 NUMBERS 00174740-000100; 00174770-000000; 00174780-000000; 00174790-
17 000000; AND 00174800-000000; APPROXIMATE MILE MARKER 21.75;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
19 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
21 PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;
22 PROVIDING FOR AN EFFECTIVE DATE.
23
24
25 WHEREAS, the Monroe County Planning and Environmental Resources Department
26 ("Department")received an application from Agent Don Craig on behalf of 21660 Overseas Hwy,
27 LLC, property owner, requesting to amend the Tier Overlay District designation from Tier IH-A
28 to Tier HI,for property located at 21660 Overseas Highway, Cudjoe Key, legally described as Lots
29 10 through 16 Sacarma Plat Book 2, Page 48, Cudjoe Key, having Parcel ID Numbers 00174740-
30 000100, 00174770-000000, 00174780-000000, 00174790-000000, 00174800-000000, and
31 00 1748 10-000000; and
32
33 WHEREAS,the Property is located at 21660 Overseas Highway, Cudjoe Key; and
34
35 WHEREAS, in accordance with Monroe County Land Development Code Section 102-
36 159(a), the Applicant held a community meeting regarding the proposed amendment on April 9,
37 2024; and
38
39 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
40 the proposed amendment at a regularly scheduled meeting held on the 271h day of August, 2024;
41 and
1 of 9
I WHEREAS, based upon the information and documentation submitted, the DRC Chair
2 recommended approval of the proposed amendment for Parcel ID Nos. 00174770-000000,
3 00174780-000000 00174790-000000, 00174800-000000, and 00174810-000000 and DENIAL of
4 the proposed amendment for Parcel ID No. 00174740-000100 (Lots 10 & 11 Sacarma) due to the
5 extent of Native Area("NA") Land Use District on Parcel ID No. 00174740-000100; and
6
7 WHEREAS, on October 7, 2024, the Agent for the applicant amended the application to
8 remove Lot 10 (east 1/2 of Parcel ID No. 00174740-000100) from the proposed Tier map
9 amendment; and
10
11 WHEREAS,on October 23,2024,the Monroe County Planning Commission held apublic
12 hearing to consider the amended proposal to amend the Tier Overlay District designation from
13 Tier I11-A to Tier I11, for Lots 11 through 16 only; and
14
15 WHEREAS,the Monroe County Planning Commission was presented with the following
16 documents and other information relevant to the request,which by reference is hereby incorporated
17 as part of the record of said hearing:
18
19 1. Request for a Tier Overlay District("Tier") Map Amendment application received by
20 the Monroe County Planning & Environmental Resources Department on January 18,
21 2024, as amended on October 7, 20241; and
22 2. Professional staff report prepared by Michael Roberts, C.E.P., P.W.S., Assistant
23 Director of Environmental Resources, dated September 17, 2024, and revised October
24 8, 2024; and
25 3. Sworn testimony of the applicant; and
26 4. Sworn testimony of Monroe County Planning&Environmental Resources Department
27 professional staff, and
28 5. The respective legal view(s) and/or argument of Assistant County Attorney Peter
29 Morris, and the advice and counsel of Planning Commission General Counsel Dirk
30 Smits; and
31
32 WHEREAS, based upon the information and documentation submitted, the Planning
33 Commission made the following findings of fact:
34
35 1. Monroe County Code § 102-158 states that map amendments are not intended to relieve
36 particular hardships, nor to confer special privileges or rights on any person, nor to
37 permit an adverse change in community character, analyzed in the Monroe County
38 Comprehensive Plan, but only to make necessary adjustments in light of changed
39 conditions or incorrect assumptions or determinations as determined by the findings of
40 the BOCC; and
41 2. Monroe County Code § 102-158(d)(7)(b.) provides that one or more of the following
42 criteria must be met for a map amendment:
43 1. Changed projections (e.g., regarding public service needs) from those on which
44 the existing text or boundary was based;
Monroe County Planning and Environmental Resources Department File No.2024-016.
2of9
1 2. Changed assumptions (e.g., regarding demographic trends) from those on which
2 the existing text or boundary was based;
3 3. Data errors, including errors in mapping, vegetative types and natural features
4 which contributed to the application of the existing text or boundary;
5 4. New issues which arose after the application of the existing text or boundary;
6 5. Recognition of a need for additional detail or comprehensiveness;
7 6. Data updates; or
8 7. Consistency with the Comprehensive Plan and the principles for guiding
9 development as defined in Section 380.0552, Florida Statutes.
10 3. Map amendments to the Monroe County Land Use District Map shall not be
11 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
12 Critical State Concern; and
13
14 WHEREAS, based upon the information and documentation submitted, the Planning
15 Commission made the following conclusions of law:
16
17 1. The proposed Tier Map amendment is not anticipated to adversely impact the community
18 character of the surrounding area;
19 2. The proposed Tier Map amendment is consistent with Monroe County Land Development
20 Code Section 130-130;
21 3. The proposed Tier Map amendment is consistent with the Goals, Objectives and Policies
22 of the Monroe County Year 2030 Comprehensive Plan;
23 4. The proposed Tier Map amendment is consistent with the Principles for Guiding
24 Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes;
25
26 WHEREAS, on January 7, 2025, the applicant obtained a lot split from the separate-and-
27 distinct constitutional Monroe County Property Appraiser's Office splitting Lot 10 and 11 into two
28 (2)Parcel Identification Numbers, resulting in Lot 10 being Parcel ID No. 00174740-000200 and
29 Lot 11 retaining the original Parcel ID No. of 00174740-000100; and
30
31 WHEREAS, at a regular meeting held on the 151h day of January, 2025, the Monroe
32 County Board of County Commissioners ("BOCC","Board", "Monroe County", or the"County")
33 held a duly noticed public hearing to consider the adoption of the proposed amendment, considered
34 the Department's professional staff report and provided for public comment and public
35 participation in accordance with the requirements of state and local law and the procedures adopted
36 thereto for public participation in the planning process; and
37
38 WHEREAS, on or about at the January 15th, 2025, public hearing, Barbara Von Harten,
39 who through the"Von Harten Joint Dec. of Trust 2/18/2021 C/O Von Harten Ernest C. III Trustee,
40 14982 Bonaire Circle, Fort Myers, FL 33908", owns the nearby property located at 21650
41 Overseas Highway 110, Cudjoe Key, currently having Parcel ID No. 00174820-000110, and
42 alleged that there was a conservation easement on Lot 16 without articulating in whose favor said
43 conservation ran in favor of, and the BOCC requested for professional staff to pursue title work to
44 ascertain the nature of said conservation easement, and unanimously voted to continue
45 consideration of this matter at public hearing held on February 19, 2025; and
3 of 9
I WHEREAS, professional staff confirmed through title work that there is a conservation
2 easement in favor of the Florida Department of Environmental Protection ("FDEP" or "DEP")
3 currently in effect on Lot 16, as recorded on September 3, 1993, at Book 1272, Page 0043,
4 Document Number 801513, of the Official Records of the Monroe County Clerk of Courts, inter
5 alia, for the protection of wetlands; and
6
7 WHEREAS, DEP's conservation easement on Lot 16 for the protection of wetlands
8 provides, to-wit:
9
t is the purpose and intent of thin conservation Easement to
assure that the subject lends (with the, exception of Included
as t ende which are to be enhanced or created as specified In the
afor anentl na d e'rMltl will be retained and maintained forever
rod minantl ' in the natural v09ntet1v0 and hydrologic condition
existing the time of execution of this, conservation Easement*
Thai included wetlands which are to be enhanced or created ashen be
maintained forever In than enhanced, or created conditions require
10 by the aforementioned par k t
4of9
1!11272 1,10044
8 0 15 13 o�c
Except for suph opacifiC activities as dULh0XIZ*d pursluant to
j -
V,epprtmant of Enviton mental Regulation pormit number
including, but 6t lliniLvd to, creation? anhan,cemont and
njdjfttonancg w4gt,jands aa spcoified Mitigatjon in said permit and
construction, maintenance and reconstruction of the properly
permitted fence 40 shown on, Exhibit "'A" hereto, the t6llo'Wing
4ct,jvjt.I,,n" are prohibit,ed on the property subject to, this
Conservation Casements
'I. Construction or placing of buildingo, ram ds, alfinut
billboards or otRer advertising, UtIlitles, or other
structures on or above the ground, with the exception of
Class properlY porml,itted fanrA as shown on Exhibit A
hereto;
2. Dom ping or placing Of soil or other substances or
material as landtill, or dumping or placing of trash,
wasta, or, unsightly or offensive matAriala;
3. pqMoVA,l or destruction of tress, shrubs, or other
vegetation including the trimming and/or a,iteration of
Mangrove vegetation; with exception of nuisance and
exotic plant Species so May be required by Grantee;
4. Excavation, dredging or r moval Of la ma, Psa't, a A'"11
soil, rock or other material substance in such, manner as
to affect the surface;
S. Surface use except for purposes that permit the land or
water area to remain, predominantly in, its natural
condition;
6,. Act,1vities detrizental to drainage, flood control, water,
conservation, erosion control, sell cons erva tion, or fish
and wildlife, habitat praservation�
7. Acts or uses detrimental to such aforementioned retent,ion
,and maintenance of land, or water areas; and
9. Acts or uses, detrimental to, the, preservation Of any
features or spoints of the proporty ha v,ing historical,
archaeological or cultural signifi,canCO. -
it is understood that the granting of this, conservation
2
5 of 9
0[1F I Z 71' 0 0 4
Easement entitles the Grantee Or its authorized represOntativ0s to
an is manner and at
enter the above-doi ribod land in a reaso
reasonable tiaanaas to aesurs coincO4
The Grantor on behalf Of itself and its auccessora or assigns
hereby agrees to bear, all costs and liability relating to the
Operation and maintenanco of the lands subject to this Conservation,
Easement in the natural vegetative and hydrologic condition
existing at the tisane Of execution Of this Conservation Uaioemeant,
including the Maintenance of enhanced or created wetlands in the
vegetative and hydrologIO condition required by this aforementioned,
permit, and Grantor does hereby indemnify and hold harmless the,
Grantee from samei. Thin, conservation Easement hereby granted and
the obligation to retain and maintain the land forever
predominantly in the vegetative and hydrologic condition as herein
specified shall run with the, land and shall be binding UPOI), this
Grantor and its SuccOssors and assign$, and shall inure to the
benefit of the Grantee and its, as an and assignS-
The terza and conditions of this conservatiOn as ent may be
enforciod by the Grantee is inJunctivO �lief and Other appropriate
available remadiest and Grantor consents that venue for such
enforicament actions shall lien ex lusjvely in the Circuit, Court of
the Sixteenth Judicial Circuit, in, Mcnrae County, Florida, In any
enforcement action J,,n which, the Grantee p avaijs, Grantee shall be,
entitled to recover reasonable attorne'Y'S fees and court Costs in
the trial and appoilate courts, in addition, to the cost Of
restoring the land to the natural vagetativie and hydrologlic
6 of 9
Of F ? 4 6
�;tc 7 2 AV
1 3
i�
condition existin" the time of ex0cutiOn Of thia conservation
by
Easement or to tho, vegetative and hydrologic condLtj n requi,red
remedLas are, in addition to any
the aforement,ioned per,mit. ThesO
other reniedy, fine or penalty which may be appl Lcable under Chapter
403, rlorida StatUtOs,
Any forbearance on ehalf Of the Grantee to exercise its
rLghts in the event of the failure of orantor to comply, with the
prow Lsions of this Conservation Easement shall not be deemed or
construed to be a waiver of the Orantoe's, rights hereunder in the
ovont of any subsequent failure of the Grantor to c0mPIY-
2
3 WHEREAS, Department professional staff has received communication from FDEP staff
4 who stated that "the Department plans on pursuing enforcement of the mangroves and
5 conservation easement violations via a consent order"; and
6
7 WHEREAS, based on Monroe County Code Section 130-130(e), which relates to
8 proposed amendments to the Tier Overlay District and states: "Unlawful conditions shall not be
9 recognized when determining existing conditions and regulatory requirements. a significant
10 portion of Lot 16 is considered and deemed to be wetland habitat, which is included in Monroe
11 County Code Section 101-I's and the Monroe County Comprehensive Plan Glossary's definition
12 of what constitutes "environmentally sensitive lands"; and
13
14 WHEREAS, Monroe County Comprehensive Plan Policy 105.2.1 in relevant part defines
15 Tier I lands as follows: "Natural Area (Tier 1): Any defined geographic area where all or a
16 significant portion of the land area is characterized as environmentally sensitive by the
17 policies of this Plan and applicable habitat conservation plan,is to be designated as a Natural
18 Area."; and
19
20 WHEREAS,based on the foregoing,Monroe County legal and Planning&Environmental
21 Resources Department professional staff recommend denial of a proposed amendment of Lot 16's
22 Tier designation from Tier 111-A to Tier 111; and
23
24 WHEREAS, at a regular meeting held on the I 91h day of February, 2025, the Monroe
25 County Board of County Commissioners held a duly noticed public hearing to consider the
26 adoption of the proposed amendment, considered Monroe County professional staff's
27 recommendation and provided for public comment and public participation in accordance with the
28 requirements of state and local law and the procedures adopted thereto for public participation in
29 the planning process;
30
7 of 9
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
5 legislative intent are true and correct and are hereby incorporated as if fully stated
6 herein; and
7
8 Section 2. The properties currently bearing Parcel ID Numbers 00174740-000100; 00174770-
9 000000; 00174780-000000; 00174790-000000; and 00174800-000000, more
10 particularly legally described as Lots 11 through 15, Sacarma Subdivision,
11 according to the map or plat thereof as recorded in Plat Book 2, Page 48, of the
12 Official Records of Monroe County,Florida,which are currently designated as Tier
13 III-A, shall be designated Tier III as shown on the attached map, attached as
14 "Exhibit I." which is hereby incorporated by reference as if fully stated herein.
15
16 Section 3. Construction and Interpretation. The interpretation of this ordinance, and all
17 provisions of the Monroe County Codes, Comprehensive Plan, floodplain
18 management regulations,and Florida Building Code whose interpretation arises out
19 of, relates to, or is interpreted in connection with this ordinance, these being
20 necessary for the health, safety, and welfare of the residents of and visitors to
21 unincorporated Monroe County, shall be construed in favor of the Monroe County
22 BOCC, and such interpretations shall be entitled to great weight in adversarial
23 administrative proceedings, at trial, and on appeal.
24
25 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of
26 this ordinance, or any section, subsection, or part or portion thereof, is held to be
27 invalid or unenforceable by any administrative hearing officer or court of
28 competent jurisdiction, the invalidity or unenforceability of such provision, or part
29 or portion thereof, shall neither limit nor impair the operation, enforceability, or
30 validity of any other provisions of this ordinance, or any remaining section(s),
31 subsection(s),part(s), or portion(s)thereof. All other provisions,parts, and portions
32 thereof shall continue unimpaired in full force and effect.
33
34 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict
35 with this ordinance are hereby repealed to the extent of said conflict. The repeal of
36 an ordinance herein shall not repeal the repealing clause of such ordinance or revive
37 any ordinance which has been repealed thereby.
38
39 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning
40 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
41
42 Section 7. Filing and Effective Date. This ordinance shall be filed in the Office of the
43 Secretary of the State of Florida but shall not become effective until approved by
44 the State Land Planning Agency and, if appealed, until the appeal is resolved
45 pursuant to Chapter 120 of the Florida Statutes.
46
8of9
- 1 : PASSED AND ADOPTED by the Board of County:Commissioners of Monroe.County,
2 Florida, at:a regular meeting held on the: 19t day of February, 2025.:
Mayor Jame
s K. Scholl, District 3 Yes
•. Mayor Pao TemMi' hell Lincoln,.District 2 .- �• Yes. :� �•
.Craig Cates; District • Yes
David Rice, District 4 . ' .Yes :
Merrill R h 'n D'st ' t 5
Holly
ei , . i ric .Yes .•
asc
BOARD-OF COUNTY COMMISSIONERS OF :
: 0 $ . . : : . . : .
MON ► COUNTY, F ID
B i ik
- -- p '"s'' ...
y . •
Mayor James K. Scholl. : .
a r ;-.,;...v.„....,,,,, . Y ' APP 1'. TO FORM.
,{ ,1 '�1 "'•P,,`fib,
. : ,45',.... .,}..:' ''');\A--::::-•:',k' ',•:,:?°?i),,,'., . ,,,,, '''''),-,,.
�s"i.'.L�9f Eta`;•-.,,,'` ` �^1.l�'`•'. .5'� � .'
r, t�, (SEALS,; ,t'..
.. 11911 .. .. .. PETER ER MORRIS .. .. •.
1,31:,-,,,,:...'llr''''''fl::::14..''''.1:::;:-A1H-
f5'4i..i..,1•_;54;.?, \\ .>.�. � (i > yr'' � ASSIST .NT COUNTY ATTORNEY.TIES ' TKEVIN M.ADOK, CLERK Date. 2/20/25 :
?t` ice,= ), 7 �•/9�4!�4 .. .. .. .. .. ..
d �':•,'��t.'r_ ;ti.L Y".���� (1 t d'SY 1��,•Q
. 1: .A1140)f.) 1 . : . . : : . . :. i . .. 1 . . :
Ol'10
�A41c:°E'n 4`'`i,, �5.w.:S'� a°.f,9'94�
'i.
�..:r�u.,_. AS PUTY CLERK
�. .. ,,,,�;,o .
�.. .
1, ' .•
..
'ifWYH.'.7 7,
Z.
f
,, , .INN.•
9 of 9 .
zi
LL
0
............................................
Qu X:IAVB-
Ln
N
0 o ap
0
E Lp
---- ----------
..........
C? C?
00
..........
C? C? 9
CL V V V
aHU
KeysNews.eom
KE TEN
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: 3947966
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, December 28,2024
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 30th day of December 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 A10 DECEMBER 28-29,2024 Keys Citizen.Weekend Edition keysnews.com
b� ")1� 1,1P!`°gr° � , ,�°ga.
Water/fromAl that we could stillrely CEO of The College of the Sec.80 3 by ordinance" deployments/testing f der was receivedb
on until
January,I mould Florida Keys,t t terminate He emphasized that one each of theeight areas of the college,(,IK decision
weveag session t have rather that d h sate the1 t 1 .1 Agreement f the things that e up d the island f 1 according
Commissioners vote on motion to postpone,to between the college and in the days before the Dec. However,paragraphs to Vice president of
a disposition of the item. p the issue That's thecity.Theletter,dated 12 t was sconcer f the proposed 2024 Fad Affairs Dr
Then,a motion was made all nis llec 16,states the college over the paragraph 5 of g e ent decreases Brittany Snyder.Snyder
by Vice Mawr Lissette Kau man asked,"But and cflyemered into in the 2024 agreement that water quality testing from spoke on behalfof
Carey and seconded by with postponement,hma agreement on April l9, decreases the water quality Li-weekly to monthly.In (severs,whowasout
Commissioner Aaron does thecollegeoperate 2023,and the term of the testing from bi-weeklyto fact,Commissioner Carey of the country during the
Castillo thstthe resolution without insurance, ILA has expired.La his monthly. inquired of]CTK Chief holidays.
be postponed to Jan 7, without an ILA pl. es letter,(i rievermarequests The ILA thatwas upfor Science and Research The college as
2025.The motion carried, That's what I have been that the commission considerationb the City C)ffcer]Dr.]Patnck]Rice sardedan EPAgrant that
with Kaufman as the lone asking.Do they have retrain from placing Commission on December if the water quality had includes water quality
vote in dissent. insurancein place,are they consideration of the ILA 12th was a 2.5-year improved thus far under monitoring aspects to it,
Before f the p at g d d thethe agenda da f the a g t Riunsuagh's the p a g tO t d the intends to
sessionv oto,Kau Dan. tyrequire th m J meeting, y letter said,whereas which there was real name m rth that grant.
J t dth d t p tend e future agenda.The lett� the ILA asfor 1e a of
to me VS d dat
postponement andasked th t b they d not give reason for approximatelyII the tleastt ldstand to collection �sthat do
f Tirifcatio death t terminate for de facto the ancelatian a The 2023 ILA that was .on that decreasing t quire an lLA with
Att Ri agh In
lit f reply, via R It water quality testingr thetS dd
pl d,Ra Singh g R gh pl d R gh d The City 23 106 all t al focusing area of And that information s
t wed,"needtodigof to g Thoseall the concepts C nt theft t Thep p a rn and not others available to the public,she
t thg tsl dt 1 dt dg t 1 d tKvStdd not mall
last k nhe ot Id tbstepmthe said
dig into all ofth things afew days to g u e, an t t terminate thisextensioncont co
ntemplated rightdirection' Thecollegealready
that p they t er agreement thC.IK,nor b the 2023 ILA,and Sec 1 t with The doing ate quality
fin days to determine In the meek follow ing does it have a desire to 803 Additionally,on Keys Citizen,Ramsmgh monitoring and since
r options So it there themeeting,the C City eliminate at qua page I I fth C ant42' d The4r o o f of their academic
holdover, Ik ( d testing, tr d thatattachedt the intention tcancelingth program
hghl ght
in the legal worldth s letter from Dr.Jonathan been expressedt to 2023 ILA,the agreement water quality monitoring' t dhp ofth at s
concept of holding over, (i rieverma,president and rescindthe requirements ot anticipatesba weekly He explained that there is in the Florida Keys,they
onein particular the were already aware of the
commissio
n has in mind, importance of continued
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and they will follow the water quality monitoring.
ordinance,which says they `We are doing it for
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING trausthaye�acertifed, academic purposes:'
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN water monitoringe p Snyder
water monitoring expert, students acquire the
NOTICE OF CHANGE TO THE LAND DEVELOPMENT CODE or governmental entity to experience they need.Our
be identified by resolution motivation is consistent
NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP annually" with our vision"
NOTICE OF CHANGE TO MONROE COUNTY TIER OVERLAY DISTRICT MAP therasug tnemito
ka[rina.nichols@keysnews.com
January 15,2025
NOTICE IS HEREBY GIVEN that on Wednesday,January 15,2025 the Monroe County Board of County Commissioners ill hold a public hearing,
beg no ng at I000 AM.The BOCC meeting will be held in hybrid format allowing the public to attend either via Zoom Wb' person,Th' person
pmt� W
meet ng will beheld at the Marathon Government Center,located at 2790 Overseas Highway,Marathon,BIG The following items will be considered at
the PUBLIC HEARING:
NOTICE OFA�PUBLIC
TTMEETING
PUBLIC HEARINGS:10:00 AM(or as soon thereafter as may be heard): FLORIDAT TKET TYS AQ V ED V CT
AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 2123,2 OF I HL MUNHUL COUN I Y 2030 CUMPHLHLNSIVL AUTHORITY
PLAN TO INCLUDE ADDITIONAL LANGUAGE TO PERMIT MARINAS AS AN ALLOWED USE ON PARCELS THAT ARE BOTH WITHIN UNIT 57 OF THE COASTAL
BAHHI LH HIT FOUHCL SYSILM AND LOCAILD WI IHIN IHL FALL HARBOR COMMUNI I Y CLN ILH OVLHLAY DIFIFICI,AS PROPOSL9 BY JKYD,FLO PROVIDING FLORIDA KEYS AQUEDUCT AUTHORITY
FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 1100 Keuvedy Duve
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE POW;PROVIDING LORAN EFFECTIVE DATE(FILL N0,2023244) Key West,FL 33040
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MUNHUL COUN I Y LAND ULVLLOPMLN I COUL SLCI ION 110- TUESDAY,,JANUARY 7,2025
15(5)MARINA SITING CRITERIA,TO INCLUDE ADDITIONAL LANGUAGE TO PERMIT MARINAS AS AN ALLOWED USE ON PARCELS THAT ARE BOTH WITHIN UNIT 57
Of HL COASIAL BAHMLH HLFOUHCL SYS I LM AND LOCAI LU WI I HIN I HL FALL HARBOR COMMUNI I Y CLN I LH OVLHLAY DIF I HICI,AS PHOPOSLU BY JKYD,LLC; Regina,McDat
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TOLL STATE LAND PLANNING AGENCY 11.00 a.m.
AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE;PROVIDING FORAN EFFECTIVE DATE,(FILE N0,2023 245)
The purpwe of the Regular MeeHug Is for the Board to hake v,t-ou
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMLNDING IHL MUNHUL COUNI Y FU PULP LAND USL MAP FROM routlue broctes matters for the Authority and to receive reports ou
RESIDENTIAL MEDIUM END TO COMMERCIAL(COMM),FOR PROPERTY LOCATED AT 24150 OVERSEAS HIGHWAY,SUND ERLAND KEY,LEGALLY DESCRIBED AS op-tm,ol aspects of the cgot-t u.
A PORTION OF LOT I,DON I'S SUBDIVISION,ACCORDING TO THE PLAT THEREOF,DULY RECORDED IN PLAT BOOK 2,PAGE 95,AND A PORTION OF LOT 21,BLOCK All agendas oN,rporHugdocumentatloucvc bevlewed ou our web
2,SUMMERLAND COVE,ADDITION 2,ACCORDING TO THE PLAT THEREOF,DULY RECORDED IN PLAT BOOK 4,PAGE 100,OF THE PUBLIC RECORDS OF MONROE vt,@-fkaa.com,cis available upon request from PKAA,Pam
COUN IY,CUHHLN I LY HAVING PAHCLL IULN I IHCAI ION NUMBLH 00190940-000200;AS PHOPOSLD BY MACH JAHLLBOWSKI;PROVIDING LOH SLVLHAILI I Y; Albury,Dlrectorof Executive Department,1100 Kermedy Do-Key
PROVIDING FOR REPEAL OF CON FLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLAN NI N G AGIN CY AN D THE SECRETARY OF STATE; West,FL 33040,(305)295-2205,palburyNflcaa.com.
PHOVI DI NG LOH INCLUSION IN IHL MON HOL COUNIY CO MPHDyN SI VL PLAN AND F 0 H AMLN TELL I IO IHL FUIUHL LAND USL MAP;PROVIDING LOH AN
EFFECTIVE DATE,(FILE N0,2024 030)See Map I below ADA ASSISTANCE If you area js swith a disability who needs
spe,I aremnmodations in order 0 panidpat,in this js ding
ARESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMINGANY RIGHT OF THE COUNTYAND PUBLIC please contact the Plorida Keys Aqueduct Auth-ty,by ple-g(305)
I N AN D IO I HAI POP I I ON OF I HL M GH I OF-WAY OF MLLALLUCA S I HE I,AS SHOWN ON I H L PLAI OF DUCK KIT Y,DO I I ON 4 PLAI BOOK S,PAGL 02,BOUN ULU 295-2205.
ON THE NORTH BY LOTS 74-76,BLOCK I;BOUNDED ON THE WEST BY EAST SEASBW DRIVE;BOUNDED ON THE SOUTH BY LOTS 7779,BLOCK I;AND BOUNDED
ON THE EAST BY LOTS 76AND 77,BLOCK I,(FILL N0,2023-206) TAT �!MEETINGS
A PUBLIC HEARING CONCERNING AN APPLICATION SUBMITTED BY 216600VERSFASHIGHWAY LLC REQUESTINGFORTHE MONROE COUNTY BOARD NOTICE OF MEETINGS
OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP TO CHANGE THE TIER
DESIGNATION OF PROPERTY LOCATED AT 21660 OVERSEAS HIGHWAY ON CUDJOE KEY FROM TIER III-A TO TIER III SAID PHOPLHI Y HIRING MORE CITY COMMISSIONMEETING
PARTICULARLY DESCRIBED AS LOTS10 THROUGH 16 SACARMA PLAT BOOK 2 PAGE 40 CUD10E KEY,SAID APPLICATION RECEIVED THROUGH THE APPLICANT'S
AUIHOHILLD AGEN I FPOI FWOOD,FPOI I FWOOD,FPOI FWOOD AND FILLING PLLC,AND SAID PROPEHI Y HAVING PFCLL ID NUMBEHS 00174740000100; Mowing Session:January 7,2025 at 9:00 AM
00174770-000000;00174700 000000;00174790 000000;00174000 000000 AND 00174010-000000;APPROXIMATE MILE MARKER 2175,(FILE N0,2024 016), Evening Session:January 7,2025 at 5:00 PM
See Map 2 below City Commission Chambers,City Hall,1300 White Street,Key
West
AN ORDINANCE BY THE MONROE COUNTY COMMISSIONERS DLFLHHI NG I ACCLPIANCL OF OF HLCLHPI OF OF APPROVAL OF NEW MFKLI HAI LAND
AFFORDABLE LOGO APPLICATIONS BEYOND JANUFY DUT 2025,LOGO AWARDS BEYOND Y3302,LOGO APPLICATION REVISIONS BEYOND JANIALY DUT 2025, CAROLINE STREET CORRIDOR AND BAHAMA
HLMAI NI N G AT FOHDABLL LOU SI BIG LOGO HLSLHVAI I ON is AN D APPLI CAI ION S F OFADMI NISI HAI I VE HILL LF LOGO AWAHDF BLY OND JAN ITALY 151 T 2025,UN I I L VILLAGE(CRA)
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CAN REVIEW AND POSSIBLY AMEND THE MONROE COUNTY LAND DEVELOPMENT CODE AND/
OF CUMPHLHLNSIVL PLAN FLUFFING IHE ALLOCAI ION AND PLHMI I IING OF HLFIDLN IIAL ULVLLOPMLN I;PROVIDING LOH LXPIHAIION IN NO MOHL I HAN January 7,2025,immediately following the City Commission
365 DAYS OF THE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS meeting,as soon as the matter arises on the agenda.
BLCOML LFFLCIIVL,WHICFVLH COMES HHSI;PROVIDING LOH YLVLHABLI I Y;PROVIDING LOH I WINSMI I IAL IO HE HAIL LAND PLANNING AGENCY AND
THE SECRETARY OF STATE;PROVIDING LORAN EFFECTIVE DATE, NAVAL PROPERTIES LOCAL REDEVELOPMENT
MAP 1 MAP 2 AUTHORITY(LRA)
January 7,2025,immediately following the Caroline Street
r1I' RM Y CfJfMfN •------------- Corridor and Bahama Village(CRAB meeting,as soon as the
_1--- --- -- .- .... matter arises on the agenda
BOARD OF ADJUSTMENT
e�nr.e,v m < January 7,2025,immediately following the Naval properties
,sa.r
ov nwv YAi!a
_.. r N NVe Local Redevelopment Authority(LRA)meeting,as soon as the
matter arises on the agenda
EE
If agenda items are not completed on the same day,the
meeting will be recessed until 5:00 p.m.the following day
or the same day as the case may be.
wn�o�Mi+w<N,ww
ADA Assistance It is the policy of the City of Key West
to comply with all requirements of the Americans with
Disabilities Act Please call the TTY number at 800 955
q 1 ag. CMpj'.v pgy a771 or 800 9ss a770(Voice)or the ADA Coordinator at
K B ' � ' APo M hm din k °�'""" C Ag4r Mmrkwry 27�� 305 809 3811 at least five business days in advance for sign
.......-_. language interpreters,assistive listening devices,or materials
in accessible format
Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda updates and information regarding the various options
availabletothe public toviewthelimmeeting and/orto make public comments on certain agenda items. Pursuant to F.S.286.0105,notice is given that if a person
dec
th
Pursuant to Section 286 0105Ronda Statutes,ifs person decides to age ealan decision of the Board of Count Commissioners,with respect to an matter decides to any matal ter
considnmadeby theCting or hearin.
y y y respect to any matter considered ie such meeting or hearing,
onsideredat Nemeeting orhearinghe or she will need arecord ofNeproceedings,and that,ton such purpose,he or she may need to onsureaverbatim that person will need a record ofiheproceedings,and that,for
ecordof rheproceedings is made,which-old includes the testimony evidence upon which the appeal is to be based such purpose,that person may need to ensure that a verbatim
ADA ASSISTANCE:Oyes amapersan with a disability who needs speemlaccommadatioosin order to participate in Misproceeding,pleasecontact record of the proceedings is made,which record includes the
the County Administrator's Office,byphoning(305)292-4441,between the hours of a.m.-S:OOp.m.,no later Man Jim(5)calendardayspriorto tstimany and evidence upon which the appeal is to be based.
the scheduled meeting,it yes are hearing or mice impaired,ca117rt"
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
March 5, 2025
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 006-2025 by the Monroe County Board of County
Commissioners amending the Monroe County Tier Overlay District Map from Tier III-A to Tier
III, as requested by Spottswood, Spottswood, Spottswood and Sterling PLLC, on behalf of 21660
Overseas Hwy, LLC, for property located at 21660 Overseas Highway, Cudjoe Key, legally
described as Lots 11 through 15, Sacarma Subdivision, according to the map or plat thereof as
recorded in Plat Book 2, Page 48, of the Public Records of Monroe County, Florida, having
Parcel ID Numbers 00174740-000100; 00174770-000000; 00174780-000000; 00174790-
000000; And 00174800-000000; approximate Mile Marker 21.75;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 Tier Overlay
District Map; 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 February 19, 2025. 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
March 5, 2025
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. 006-2025, which was filed in this office on March 5,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270