Resolution 374-2014MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO314- 2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW (RL)
TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT
97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE
MARKER 98, DESCRIBED AS PARCELS OF LAND IN SECTION 6,
TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND OF KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
00091000.000000 AND 00091020.000000, AS PROPOSED BY SEE THE SEA
OF KEY LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested future land use map
amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for review of the proposed future land use map amendment.
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Resolution No:3*-2014
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 10th day of December, 2014.
Mayor Danny L. Kolhage
eS
Mayor Pro Tern Heather Carruthers
y�5
Commissioner David Rice
e5
Commissioner George Neugent
yC5
Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
ATTEST: Amy Heavilin, Clerk
BY
Mayor Danny L. Kolhage
P. 2 of 2
Resolution No31+2014
MONROE COUNTY ATTORNEY
ROVED AS FORM:
. LJ
STEV N T. WILLIAMS
DStSASSISTANT 1191 T Y ATTORNEY
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EXHIBIT A to RESOLUTION NO 37q"-2014
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
(RL) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY
LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY
LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF
LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS 00091000.000000 AND
00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY
LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
MAP; PROVIDING FOR AN EFFECTIVE DATE.
33 WHEREAS, on June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key
34 Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting to amend
35 the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from
36 Residential Low (RL) to Mixed Use/Commercial (MC); and
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38 WHEREAS, the subject property is located at 97770 and 97702 Overseas Highway, Key
39 Largo, Mile Marker 98, described as parcels of land in section 6, township 62 south, range 39
40 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
41 00091000.000000 and 00091020.000000; and
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43 WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
44 business as Bay Harbor Lodge, operates a hotel/motel at the subject property with a current
45 FLUM designation of RL, which does not allow hotels or other transient residential uses,
Ord. No._- 2015
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EXHIBIT A to RESOLUTION NO.37f-2014
1 therefore the existing use is considered nonconforming to the provisions of the current
2 Comprehensive Plan; and
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4 WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
5 business as Bay Harbor Lodge, is requesting a change to the FLUM designation in order to
6 eliminate the nonconformity for the existing hotel/motel use; and
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8 WHEREAS, during a regularly scheduled meeting held on September 23, 2014, the
9 Monroe County Development Review Committee reviewed the proposed FLUM amendment and
10 the Chair recommended approval; and
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12 WHEREAS, during a regularly scheduled public hearing held on October 29, 2014, the
13 Monroe County Planning Commission reviewed the proposed FLUM amendment and
14 recommended approval to the Board of County Commissioners, contingent on compliance with
15 Policy 101.4.20 prior to adoption; and
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17 WHEREAS, the Monroe County Planning Commission made the following findings of fact
18 and conclusions of law:
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20 1. The proposed FLUM is not anticipated to adversely impact the community character
21 of the surrounding area; and
22 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
23 adopted Level of Service; and
24 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 Monroe County Year 2010 Comprehensive Plan, contingent on compliance with
26 Policy 101.4.20 prior to adoption; and
27 4. The proposed amendment must comply with Comprehensive Plan Policy 101.4.20
28 prior to adoption by the Board of County Commissioners. Based on the
29 density/intensity analysis, and in order to mitigate for the impacts of approval, one of
30 the following options needs to be addressed:
31 a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier III -A SPA
32 located within the Upper Keys Subarea;
33 b. Donation 12 non -scarified IS Lots designated Tier I or Tier III -A located within
34 the Upper Keys Subarea; or
35 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
36 Keys Subarea.; and
37 5. The proposed amendment is consistent with the Key Largo Community Master Plan;
38 and
39 6. The proposed amendment is consistent with the Principles for Guiding Development
40 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
41 Statute; and
42 7. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
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44 WHEREAS, the Monroe County Planning Commission passed Resolution No. P34-14
45 recommending approval of the proposed amendment contingent on compliance with Policy
46 101.4.20 prior to adoption; and
Ord. No._- 2015
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EXHIBIT A to RESOLUTION NO �7`f-2014
WHEREAS, at a regularly scheduled meeting held on the _day of , the
Monroe County Board of County Commissioners held a public hearing, considered the staff
report, and provided for public comment and public participation in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process, and recommended to the State Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The ordinance is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern;
2. The ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
3. The ordinance is consistent with the provisions and intent of the Monroe County
Code;
4. The ordinance must comply with Comprehensive Plan Policy 101.4.20 prior to
adoption by the Board of County Commissioners. Based on the density/intensity
analysis, and in order to mitigate for the impacts of approval, one of the following
options needs to be addressed:
a. Donation of 4.4 acres of non -scarified land designated Tier I or Tier III -A SPA
located within the Upper Keys Subarea;
b. Donation 12 non -scarified IS Lots designated Tier I or Tier III -A located within
the Upper Keys Subarea; or
c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
Keys Subarea; and
WHEREAS, on , the State Land Planning Agency issued its Objections,
Recommendations, and Comments (ORC) report. The ORC report
states ; and
WHEREAS, as a response to the ORC Report, Monroe County
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
amended as follows:
The property located at 97770 and 97702 Overseas Highway, Key Largo, Mile
Marker 98, described as parcels of land in section 6, township 62 south, range 39
east, Island of Key Largo, Monroe County, Florida, having real estate numbers
00091000.000000 and 00091020.000000 is changed from Residential Low (RL)
Ord. No._- 2015
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EXHIBIT A to RESOLUTION NO.-3 7 � -2014
to Mixed Use/Commercial (MC) as shown on Exhibit 1, attached hereto and
incorporated herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
secretary of the State of Florida but shall not become effective until a notice is issued by the
State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
Statutes.
Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
incorporated in the Monroe County Year 2010 Comprehensive Plan and included on the Future
Land Use Map.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Mayor Danny L. Kolhage
Ord. No._- 2015
Page 4 of 4
MONROE COUNTY ATTORNEY
At}OV7 AS TQ CORM:
STEVEN T. WILLIAMST. W,ILLI�AMS_
ASSISTANT OUMMTY ATTORNEY
Date l l I g I I y
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of two parcels of land in Key Largo having Real Estate Numbers:
00091000-000000 and 00091020-000000 from Residential Low (RL) to Mixed -Use Commercial (MC).
A