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Ordinance 022-2012 3t4 2 ; 4 5 6 7 ORDINANCE 022 - 2012 8 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS 12 PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG 13 PINE KEY AND NO NAME KEY AMENDING THE TIER DESIGNATION 14 AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN 15 RESOLUTION 562 -2003, FOR PROPERTY OWNED BY SEACAMP, 16 HAVING REAL ESTATE NUMBERS 00112030 - 000000, 00246950- 000000, 17 00246960- 000000, 00246970- 000000, 00246980- 000000, 00246990- 000000, 18 00247140- 000000, 00247150 - 000000, 00247160 - 000000, 00247170 - 000000, AND 19 00247180 - 000000 FROM UNDESIGNATED AND TIER I TO TIER III ON 20 FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY), AND 21 AMENDING THE TIER DESIGNATION FOR THE SEACAMP 22 PROPERTY, AS LISTED IN TABLE 2.7, INSTITUTIONAL USES; 23 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 24 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL 25 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE 26 FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE 27 DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE 28 COUNTY 2010 COMPREHENSIVE PLAN 29 30 31 WHEREAS, the Monroe County Development Review Committee considered the proposed 32 amendment at a regularly scheduled meeting held on the 27 day of September, 2011; and 33 34 WHEREAS, at a regularly scheduled meeting held on the 1 day of December, 2011, the 35 Monroe County Planning Commission held a public hearing for the purpose of considering the 36 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment 37 to the Monroe County Year 2010 Comprehensive Plan; and 38 39 WHEREAS, the Monroe County Planning Commission made the following findings: 40 41 1. Seacamp, a not - for -profit organization that provides marine education to children, 42 contacted Monroe County to notify County staff of a tier designation error for a portion of 43 the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's 44 property is located on approximately 12 acres of land located at the extreme southwest tip 45 of the island, at the end of Big Pine Avenue. 46 1 47 48 2. The Seacamp property consists of 13 real estate numbers: 00112030 - 000000, 00112040 - 49 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00246980 - 000000, 50 00246990- 000000, 00247000 - 000000, 00247140 - 000000, 00247150- 000000, 00247160- 51 000000, 00247170- 000000, and 00247180 - 000000. Real estate number 00247000 - 000000 52 is currently designated Tier III and Real Estate Number 00112040- 000000 is submerged 53 land. These two parcels are not part of this amendment. 54 55 3. Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 56 Key was reviewed at the May 20, 2003, Development Review Committee meeting. 57 58 4. Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 59 Key was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9, 60 2003, Planning Commission meeting. 61 62 5. Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 63 Key was reviewed at the September 10, 2003, Planning Commission meeting. 64 65 6. Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 66 Key was reviewed at the December 17, 2003, Board of County Commissioners meeting. 67 68 7. Resolution 562 -2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable 69 CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to 70 change the tier designation for all of the property known as Seacamp from Tier I to Tier III 71 on the map on Page 28. 72 73 8. The Board of County Commissioners passed Resolution 044 -2004 on January 21, 2004, to 74 transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 75 Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the 76 Department of Community Affairs which included the map as drawn incorrectly for 77 Seacamp, without the corrected designation for eleven (11) parcels. The Department of 78 Community Affairs issued an Objections, Recommendations and Comments (ORC) Report 79 to Monroe County on June 29, 2004. 80 81 9. The Board of County Commissioners passed Ordinance 029 -2004 on August 14, 2004, to 82 adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key 83 as an amendment to the 2010 Comprehensive Plan, address issues raised in the ORC 84 Report, and to submit the amendment to the Department of Community Affairs. The 85 adopted amendment included the incorrect map without the Tier III designation for the 86 eleven (11) parcels. 87 88 10 The amendment furthers the Principles for Guiding Development for the Florida Keys 89 Area of Critical State Concern. 90 91 WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of 92 the County's GIS habitat layer for the vegetative communities located on the Seacamp parcels. 93 2 94 WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County 95 Board of County Commissioners held a public hearing to consider the transmittal of the 96 proposed amendment. 97 98 WHEREAS, the proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 99 2.7 was reviewed by the State Land Planning Agency which issued an Objections, 100 Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues 101 relative to this amendment. 102 103 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 104 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 105 106 Section 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as 107 adopted by reference into the Monroe County 2010 Comprehensive Plan is 108 amended as follows: 109 110 (1) Amending the Tier designations on Figure 2.1 for eleven (11) parcels having 111 real estate numbers 00112030- 000000, 00246950- 000000, 00246960- 112 000000, 00246970- 000000, 00246980- 000000, 00246990 - 000000, 113 00247140 - 000000, 00247150- 000000, 00247160 - 000000, 00247170- 114 000000, and 00247180 - 000000 from undesignated and Tier I to Tier III as 115 shown on Exhibit 1 attached hereto and incorporated herein. 116 117 (2) Amending Table 2.7, Institutional Uses, of the Livable CommuniKeys 118 Master Plan for Big Pine Key and No Name Key, attached hereto as Exhibit 119 2, and incorporated herein. Text deletions are stricken through and additions 120 are underlined on Exhibit 2. All other words, characters, and language of the 121 Comprehensive Plan and the Livable CommuniKeys Master Plan for Big 122 Pine Key and No Name Key remain unchanged. 123 124 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 125 provision of this ordinance is held invalid, the remainder of this ordinance shall 126 not be affected by such validity. 127 128 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 129 conflict with this ordinance are hereby repealed to the extent of said conflict. 130 131 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 132 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 133 Statutes. 134 135 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 136 secretary of the State of Florida but shall not become effective until a notice is 137 issued by the State Land Planning Agency or Administration Commission 138 finding the amendment in compliance with Chapter 163, Florida Statutes and 139 after any applicable appeal periods have expired. 140 3 141 142 Section 6. Inclusion in the Comprehensive Plan. The number of the foregoing 143 amendment may be renumbered to conform to the numbering in the Livable 144 CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by 145 reference into the Monroe County 2010 Comprehensive Plan and shall be 146 incorporated in the Livable CommuniKeys Master Plan for Big Pine Key and 147 No Name Key. 148 149 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 150 at a regular meeting held on the 21 day of September, 2012. 151 152 Mayor David Rice Yes 153 Mayor pro tem Kim Wigington Yes 154 Commissioner Heather Carruthers Yes 155 Commissioner George Neugent Yes 156 Commissioner Sylvia Murphy Yes 157 158 159 BOARD OF COUNTY COMMISSIONERS OF MONROE 160 t < ° - COUNTY, FLORIDA 161 t4 /07.6......--- , 162 , __--,i BY 163 , , , Mayor David f i 164 165 = _ - N o r� 166 (SEAL) ° 167 ! -Ti 168 ATTEST: DANNY L. KOLHAGE, CLERK _- "� 169 - - r z, 170 C C 171 / ° o 172 DEPUTY LERK 173 174 175 M ' = COUNTY ATTORNEY f .PPROVED AS TO ORM Date: 1liriiAt— _ -, Z t 4 RXHTRTT 1 t Livable Communikeys Program A \ Big Pine Key and No Name Ke g Y Key Tier Overlay District iii;, ,, . •Uhiir ,-. ■► I 1 I..� lid■ .t - „mil 1 I. rimulligli % - _ 11 t .t � •' 111111II • \ 11 i O ' -..1�_ 1.11111111 . .1� 1 l �— ., NI I:LT \' __ ; I - ; *EA m � � • .....-.••••-•••......,, y I' .Y•■• I 50 HMI - - I 1 I —: uui ;II '. :iiii .. ._ r . ' il!II!ill�l'ill d” - (::: " I. ,` ....-,...opppief 7 r jay " ^� V Y - _ u � - -- w irosiv _,-....,0 � -,„I„,.,0, 0' ` N Monroe County - Tier Overlay District f .'" '; ,` Monroe County Tier is i , r '... Planning and Environmental NEN Tier I Native II Transition ° ;t. = ' ' Resources Department I I Tier II Transition and Sprawl Area M.,c _ Tier III - Infill Area Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020 -2009, § 1) . =. . a, ...., ^�� s. Exhibit 2 Livable Co riilrruliiKevs Master Pla Big Pine Km and V° Vcrrii i ei As c 2 :�4 GOAL 5 i Alarnrrarf three ia of existing co171I77tlt1it1• �r- Zatio77.ss bv providing, oppoi tunitie.s to' 7' limited 1'ecie- veCoprll ent and €?1 pa11 s /on. Current Conditions Summar The LCP'HCP process sought to ensure that existing community organizations could remain vi- able and expand according to their needs within existing zoning limitations. Table 2.7 lists these organizations. Table 2_7 Institutional t,se. located on Big Pine Key. Civic Parcel lasing Tier Lies Club 10E770 Lore! Keys Proper:y C51 309070 IS - Moose Chub 111070 SR Religious S. Francis 110040 NA 1 Lord of the Seas 111074.0GS NA 1 Big Pine Baptts: 111470 3 Big Pine Methodist 111450 SP, 3 Vineyard Christian 111170 S 1 St Pe:er's 110400 10 3 Other 'Memorial Gardens CenSe:ery 1108_00001 1 Biz Pine Nei_hboihood Chatter School 111420 00_= SC Seacamp 44 ° ML' ; $orara MO=34 7=7:: P'___•m= andEa•._ :: s_ - c�:.rapz - mac =00112030- 000.000. 002-1695G-00 00246960-000000. 00246970- 000400. 00246930-0000-00. 00246090- 400000, O42- i'0O0- OOO11OO, 002471-10400000.002-1 0o2- x160- o00oao. 002471 -0O and 00247180 -0000fi0 All of Le se in;tinitional uses have been existing for at least 20 years and no new use are antici- pated at present A number of these institutions have expressed an interest in redevelopment of existing square footage or a limited expansion to better serve the needs of the present population. Analysis of Community Needs Plan for Future Community Oraanizaron Needs The existing community oraallizatons the planning area have been identified. Some have built their current land ownership to capacity while others have expressed a desire to expand. The pezmitted action under the HCP will allow for a limited amount of expansion reeds. For the remaining facilities there is a need to define the future potential for expansion and maintain flexibility so that future requests can be Dandled. Land Use and Redevelopment Element 48 MONROE COUNTY COURTHOUSE BRANCH OFFICE: ti COUNT k 500 WHI1'EHEAD STREET, SUITE 101 i 1 .••• c ( PLANTATION KEY J,. • ',v. c moo'• O G � i KEY WEST, FLORIDA 33040 /Q: `'` `••,P� GOVERNMENT CENTER TEL. (305) 294 -4641 • ._ .0-'0' f 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 . ; ,_yp' : r ;0, PLANTATION KEY, FLORIDA 33070 q r. : o; TEL. (305) 852 - 7145 BRANCH OFFICE: � % ��"` fy FAX (305) 852 - 7146 MARATHON SUB COURTHOUSE. 3117 OVERSEAS HIGIIWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARAT FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145 October 1, 2012 FAx (305) 853 -7440 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and/or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140- 000000, 00247150- 000000, 00247160 - 000000, 00247170 - 000000, and 00247180- 000000 from undesignated and Tier I to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney via e File/ U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us