HomeMy WebLinkAboutOrdinance 028-2025 +i era°
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO. 028 -2025
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11 AN ORDINANCE APPROVING AMENDMENT OF MONROE
12 COUNTY LAND DEVELOPMENT CODE SECTIONS 102-158, 102-
13 159, 110-3 AND 110-70 TO AMEND THE REQUIREMENT(S) FOR
14 A COMMUNITY MEETING, AS REQUESTED BY THE MONROE
15 COUNTY BOARD OF COUNTY COMMISSION (BOCC) AT THE
16 BOCC'S FEBRUARY 19, 2025, REGULAR PUBLIC MEETING;
17 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
18 OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
20 AND THE SECRETARY OF STATE; PROVIDING FOR
21 AMENDMENT TO AND INCORPORATION IN THE MONROE
22 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
23 EFFECTIVE DATE.'
24
25
26 WHEREAS, at its February 19, 2025, regular public meeting, the Monroe County Board
27 of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") directed
28 professional staff to process an amendment to the Monroe County Land Development Code to
29 eliminate the required timeframe between community meetings and the first required public
30 hearing for text and map amendments and certain development application and development
31 agreements; and
32
33 WHEREAS, on April 21, 2025, County professional staff held a community meeting, as
34 required by Monroe County Land Development Code ("LDC" or "Code") Section 102-159(b) to
35 discuss the proposed text amendment to the LDC; and
36
37 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
38 considered the proposed amendment at a regularly scheduled public meeting held on May 27,
39 2025; and
40
41 WHEREAS, on May 29, 2025, the DRC Chair signed Resolution No. DRC 12-25
42 recommending approval of the proposed text amendment; and
43
1 Monroe County Planning and Environmental Resources Department File No.2025-038.
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I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
2 public hearing on the 22nd day of July 2025, for review and recommendation on the proposed
3 amendment to the Monroe County Land Development Code; and
4
5 WHEREAS, based upon the information and documentation submitted, the Planning
6 Commission made the following findings of fact and conclusions of law:
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8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 Monroe County Year 2030 Comprehensive Plan; and
10 2. The proposed amendment is consistent with the Principles for Guiding Development
11 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),Florida Statutes;
12 and
13 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
14
15 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P21-25
16 recommending approval of the proposed amendment, as discussed during the hearing of the
17 proposed amendment; and
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19 WHEREAS, at a regularly scheduled meeting on the loth day of December, 2025, the
20 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
21 amendment;
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23 WHEREAS, based upon the information and documentation submitted, the BOCC made
24 the following findings of fact and conclusions of law:
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26 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
27 Monroe County Year 2030 Comprehensive Plan; and
28 2. The proposed amendment is consistent with the Principles for Guiding Development
29 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),Florida Statutes;
30 and
31 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
34 OF COUNTY COMMISSIONERS:
35
36 Section 1. Recitals and Legislative Intent. The foregoing statements of recitals, statements of
37 legislative intent, recitals, findings of fact, and conclusions of law are true and
38 correct and are hereby incorporated as if fully stated herein.
39
40 Section 2. The text of the Monroe County Land Development Code is hereby amended as
41 follows (Deletions are shown st+i ke t4-,, additions are shown underlined):
42 Sec. 102-159. Community Participation.
43 (a) Map amendments.In addition to the public hearings required by Section 102-158, applicants
44 requesting a Land Use District (Zoning) Map, Land Use District (Zoning) Map Overlay
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I District or Future Land Use Map (FLUM) amendment shall provide for public participation
2 through a community meeting.
3 (1) Community meeting. The applicant will coordinate with the Planning Director regarding
4 the date, time and location of the proposed community meeting; however, all meetings
5 are to be held on a weekday evening at a location close to the project site, or by electronic
6 means, between 4 120 days prior to e f t e,.4lie hear-inns r-e"ir-ed i Seetle
7 442-14-�the review of the amendment by the Development Review Committee.
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9 (b) Text amendments to the Land Development Code and/or the Comprehensive Plan with
10 County-Wide Impact. In addition to any required public hearings,proposals by the County or
11 a private applicant to amend the text of the LDC and/or the Comprehensive Plan,shall provide
12 for community participation through the following:
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14 (3) Community Meeting. Proposals by the County or a private applicant to amend the text of
15 the Land Development Code and/or Comprehensive Plan, with a county-wide impact,
16 shall require a community meeting.
17 a. A private applicant will coordinate with the Planning Director regarding the
18 date, time and location of the proposed community meeting; however, all
19 meetings shall be held on a weekday evening C
20 f tl• ie h zxir-ed in Section 102 158 by Se tier 1 62 31 4n
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21 prior to�the review of the amendment by the Development
22 Review Committee.
23 ******
24 Sec. 110-3. Pre-Application Conference and Community Participation Meetings.
25 ******
26 (b) Community Participation Meeting. Applicants requesting a Major Conditional Use Permit
27 pursuant to Article III of this chapter, or a Development Agreement pursuant to Article V of
28 this chapter shall provide for public participation through a community meeting.
29 (1) Scheduling. The applicant will coordinate with the Planning Director regarding the date,
30 time and location of the proposed community meeting; however, all meetings are to be
31 held on a weekday evening at a location close to the project site, or by electronic means,
32 bet ee n 5 ,,B 120 ,a,y prior to the Development Review Committee review of the
33 Major Conditional Use Permit or Development Agreement.
35 (2) Notice ofMeeting. The community meeting shall be noticed at least 15 days prior to the
36 meeting date by advertisement in a Monroe County newspaper of general circulation,
37 mailing of notice to surrounding property owners, and posting of the subject property, in
38 accordance with Section 110-5.
39 (3) Noticing and Advertising Costs. The applicant shall pay the cost of the public notice and
40 advertising for the community meeting and provide proof of proper notice to the Planning
41 Director.
42 (4) The community meeting shall be facilitated by a representative from the Monroe County
43 Planning & Environmental Resources Department and the applicant shall be present at
44 the meeting.
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I Sec. 110-70. Major Conditional Uses.
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3 (b) Community Meeting: The applicant will coordinate with the Planning Director, or his/her
4 designee,regarding the date,time and location of the proposed community meeting,however,
5 all meetings are to be held on a weekday evening at a location close to the project site or by
6 electronic means, prior to the Development Review Committee review of the major
7 conditional use permit.
8 (bc) Review by the Development Review Committee (DRC). An application for a major
9 conditional use permit shall be reviewed by the DRC. The DRC shall give comments to the
10 applicant,responsible staff and the Planning Director.Within 60 days of the meeting or within
11 60 days after any additional information required from the applicant is furnished ^r w4hiff 60
12 days after a e rod ee o6*g the department shall provide for advertisement of
13 the required public hearing by the Planning Commission.
14 (ed) Public hearing on an application for a major conditional use permit. The pplieant shall
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16 eft hearinn ^rd^r^e , i4 Seetior 110 3(b) The Planning Commission shall
17 hold a public hearing on the application for a major conditional use permit and shall issue a
18 development order granting, granting with conditions or denying the application for a major
19 conditional use permit within 60 days of the public hearing by the Planning Commission,
20 with the exception of any application where a condition has been imposed that must be
21 satisfied prior to the issuance of a development order approving the major conditional use
22 permit, in which case the development order shall be issued within 30 days after receipt of
23 proof of satisfaction of the condition. The applicant shall provide any additional information
24 to satisfy a condition required by the Planning Commission within one (1)year of the date of
25 the Planning Commission meeting when the application was considered. If such information
26 is not received within this timeframe, the application will be deemed withdrawn.
27 (de) Appeal of a major conditional use decision by the Planning Commission. The applicant,
28 an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S.
29 § 163.3215(2), or any person who presented testimony or evidence at the public hearing
30 conducted pursuant to subsection (c) of this section may request an appeal of the Planning
31 Commission's decision under chapter 102, article VI, division 2 by filing the notice required
32 by that article within 30 days of the written decision of the Planning Commission.
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35 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
36 ambiguities, within this Ordinance or between this Ordinance and the
37 Monroe County Code of Ordinances, Florida Building Code, Monroe
38 County Land Development Code, floodplain management regulations,
39 Comprehensive Plan, or any other approval of the Monroe County Board of
40 County Commissioners, Monroe County Planning Commission, Monroe
41 County Planning and Environmental Resources Department, or other
42 department or office of Monroe County,the rule,regulation, law,provision,
43 and/or text more restrictive shall always apply and control.
44
45 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
46 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
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1 County Codes, Florida Statutes, and floodplain management regulations whose
2 interpretation arise out of, relate to, or are interpreted in connection with this
3 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
4 and such interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, in bankruptcy, and on appeal.
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7 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
8 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
9 or unenforceable in or by any administrative hearing officer or court of competent
10 jurisdiction, the invalidity or unenforceability of such provision, or any part or
11 portion thereof, shall neither limit nor impair the operation, enforceability, or
12 validity of any other provision of this Ordinance, or any remaining part(s) and/or
13 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
14 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
15
16 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
17 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
18 shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
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21 Section 7. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
22 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
23
24 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the
25 Secretary of the State of Florida but shall not become effective until a notice is
26 issued bythe State Land PlanningAgency or Administration Commission finding
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27 the amendment in compliance with Chapter 163, Florida Statutes and after any
28 applicable challenges have been resolved.
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30 Section 9. Inclusion in the Land Development Code. The text amendment shall be
31 incorporated in the Monroe County Land Development Code. The numbering of
32 the foregoing amendment may be renumbered to conform to the numbering in the
33 Monroe County Land Development Code.
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35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
36 Florida, at a regular meeting held on the 10th day of December 2025 .
37
38 Mayor Michelle Lincoln, District 2 Yes
39 Mayor Pro Tern David Rice, District 4 Yes
40 Commissioner Craig Cates, District 1 Yes
41 Commissioner James K. Scholl, District 3 Yes
42 Commissioner Holly Merrill Raschein, District 5 Yes
43
44 BOARD OF COUNTY COMMISSIONERS
45 OF MONROE CO , - •RIDA
46
11 wow I
47 By: . e.
48 Mayor Michelle Lincoln
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
December 18, 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 028-2025 by the Monroe County Board of County
Commissioners approving amendment of the Monroe County Land Development Code Sections
102-158, 102-12 159, 110-3 and 110-70 to amend the requirement(s) for a community meeting,
as requested by the Monroe County Board of County Commission (BOCC) at the BOCC's
February 19, 2025, regular public meeting; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for amendment to and incorporation in the Monroe County Land
Development Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on December 10, 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
FLORIDA DEPARTMENT Of$ ATE
u 7i
RON DESANTIS CORD BYRD
Governor Secretary of State
December 18, 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. 028-2025, which was filed in this office on December
18, 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