Resolution 002-2016 p am eta�]�
8za--:
it
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO 1 016
Dv2-0,9a/ ,
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 COMPREHENSIVE PLAN, CREATING POLICY 107.1.5 KEY
LARGO MIXED USE AREA 2, TO PROVIDE LIMITATIONS ON
DEVELOPMENT AND SPECIFIC RESTRICTIONS; TO ACCOMPANY A
PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP (FLUM)
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 text amendment creating a
subarea policy for the subject parcels that would eliminate any increase in potential residential
development associated with the proposed FLUM amendment and thereby eliminate the
requirement to donate land.
P. 1 of 2
Resolution No.=2016
f .
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.
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 o?d day ofjal7 , 201 l p .
Mayor Heather Carruthers 7 6-9
Mayor Pro Tern George Neugent )'ES
Commissioner Danny L. Kolhage ye s
Commissioner David Rice YES
Commissioner Sylvia Murphy /ES
BOARD OF COUNT . COMMISSIONERS
OF MONROE COU ',Y, ' ORIDA
BY .
Mayor H: .there thers
(SEAL) cp
�.,�
11 1 _ ���':, Y HEAVILIN, CLERK _ � N
Ili ‘1
I _'-- -„,,t_d .-4. ,ft l'40_:_.4 IL •
, m
w,rr' _2.„-_, „:?r'RK ;
' ,, C
J+� r:
„ ♦N`
MONROE COUNTY ATTORNEY
*FIRMED AS'TORM:
•
l,.J
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date /ta_1.1.5115—
P.2 of 2
Resolution No. -2016
• Exhibit A to transmittal resolution
1
2
3
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2016
9
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING THE MONROE
13 COUNTY COMPREHENSIVE PLAN, CREATING POLICY 107.1.5
14 KEY LARGO MIXED USE AREA 2, TO PROVIDE LIMITATIONS
15 ON DEVELOPMENT AND SPECIFIC RESTRICTIONS; TO
16 ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE
17 LAND USE MAP (FLUM) FROM RESIDENTIAL LOW (RL) TO
18 MIXED USE/COMMERCIAL (MC); FOR PROPERTY LOCATED
19 AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO,
20 MILE MARKER 98, DESCRIBED AS PARCELS OF LAND IN
21 SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND
22 OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
23 REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000;
24 AS PROPOSED BY SEE THE SEA OF KEY LARGO, INC. AND
25 COCONUT BAY OF KEY LARGO, INC.; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
27 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
28 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
29 STATE; PROVIDING FOR INCLUSION IN THE MONROE
30 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
31 EFFECTIVE DATE.
32
33
34 WHEREAS, on September 15, 2015, See the Sea of Key Largo, Inc. and Coconut Bay of
35 Key Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting an
36 amendment to the Monroe County Comprehensive Plan to create Policy 107.1.5 Specific
37 Limitations on Key Largo Mixed Use Area 2; and
38
39 WHEREAS, the proposed text amendment accompanies a proposed amendment to the
40 Future Land Use Map (FLUM) from Residential Low (RL) to Mixed Use/Commercial (MC) for
41 2 parcels located at 97770 and 97702 Overseas Highway, mile marker 98, Key Largo, having
42 real estate numbers 00091000.000000 and 00091020.000000; and
43
44 WHEREAS, Policy 101.4.20 of the Monroe County Year 2010 Comprehensive Plan,
45 which became effective on November 20, 2012, applies to the proposed FLUM amendment and
46 would require one of the following by the applicant:
1
Exhibit A to transmittal resolution
1 a. Donation of 4.4 acres of non-scarified land designated Tier I or Tier III-A SPA
2 located within the Upper Keys Subarea; or
3 b. Donation of 12 non-scarified IS Lots designated Tier I or Tier III-A located within the
4 Upper Keys Subarea; or
5 c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper
6 Keys Subarea; and
7
8 WHEREAS, in response to the requirement to comply with Policy 101.4.20, the
9 applicant is requesting the proposed text amendment creating a subarea policy for the subject
10 parcels that would eliminate any increase in potential residential development associated with the
11 proposed FLUM amendment and thereby eliminate the requirement to donate land; and
12
13 WHEREAS, the Monroe County Development Review Committee considered the
14 proposed text amendment at a regularly scheduled meeting held on the 16th day of November,
15 2015; and
16
17 WHEREAS, the Monroe County Planning Commission held a public hearing on the 16th
18 day of December, 2015, for review and recommendation on the proposed text amendment; and
19
20 WHEREAS, based upon the information and documentation submitted, the Planning
21 Commission made the following Findings of Fact and Conclusions of Law:
22
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 Monroe County Year 2010 Comprehensive Plan; and
25 2. The proposed amendment is consistent with the Principles for Guiding Development for
26 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute;
27 and
28 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
29
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 38-15
31 recommending approval of the proposed amendment; and
32
33 WHEREAS, at a regular meeting held on the 20th day of January, 2016, the Monroe
34 County Board of County Commissioners held a public hearing to consider the transmittal of the
35 proposed amendment, considered the staff report and provided for public comment and public
36 participation in accordance with the requirements of state law and the procedures adopted for
37 public participation in the planning process; and
38
39 WHEREAS, at the , 2016, public hearing, the BOCC adopted
40 Resolution -2016, transmitting the amendment to the State Land Planning Agency; and
41
42 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
43 Objections, Recommendations and Comments (ORC) report, received by the County on
44 , 2016; and
2
Exhibit A to transmittal resolution
1 WHEREAS, the ORC report stated ; and
2
3 WHEREAS, the ORC report recommended ; and
4
5 WHEREAS, normally, the County has 180 days from the date of receipt of the ORC to
6 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
7 and
8
9 WHEREAS, at a regularly scheduled meeting on _th day of , 2016, the
10 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
11 amendment.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
15
16 Section 1. The text of the Monroe County Year 2010 Comprehensive Plan is hereby
17 amended as follows:
18
19 Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
20
21 Development in the Key Largo Mixed Use Area 2 shall be subject to regulations
22 applicable to the Mixed Use/Commercial (MC) Future Land Use Designation as well as
23 the additional restriction set out below:
24
25 Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying
26 Capacity Study, maintain the overall County density and the preservation of native
27 habitat, this site/property shall not increase its allocated density and allowable
28 development potential for permanent residential units. The following development
29 controls shall apply:
30
31 1. The allocated density for permanent residential uses on the site shall remain 0.50
32 dwelling units per acre.
33
34 The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and
35 00091020.000000, is approximately 2.28 acres of land and is legally described as:
36
37 A tract of land 48.9 feet wide, and part of Lot 10 according to George McDonald's Plat
38 of part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at
39 Page 59 of the Public Records of Monroe County, Florida, more particularly described as
40 follows;
41
42 From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59,
43 run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas
44 Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described,
45 thence Northwesterly at right angles to said Northwesterly right of way line a distance of
3
Exhibit A to transmittal resolution
1 487.7 feet, more or less to the shore of Florida Bay, thence along the shore of Florida Bay
2 in the Northeasterly right of way line, distance of 48.9 feet to the point of beginning, and
3
4 A tract of land 95 feet wide and part of Lot 10 according to George McDonald's Plat of
5 part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at
6 Page 59 of the Public Records of Monroe County, Florida, more particularly described as
7 follows;
8
9 From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59,
10 run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas
11 Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described,
12 thence continue Southwesterly along the Northwesterly right of way line of State Road
13 No. 5, a distance of 95 feet, thence northwesterly at right angles 695.1 feet, thence
14 Northeasterly along a bulkhead line to a point 687.7 feet North of the Point of Beginning,
15 thence Southeasterly 687.7 feet to the Pont of Beginning.
16
17
18 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
19 provision of this ordinance is held invalid, the remainder of this ordinance shall
20 not be affected by such validity.
21
22 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
23 conflict with this ordinance are hereby repealed to the extent of said conflict.
24
25 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
26 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
27 Statutes.
28
29 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
30 Secretary of the State of Florida but shall not become effective until a notice is
31 issued by the State Land Planning Agency or Administration Commission finding
32 the amendment in compliance with Chapter 163, Florida Statutes and after any
33 applicable challenges have been resolved.
34
35 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
36 incorporated in the Monroe County Comprehensive Plan. The numbering of the
37 foregoing amendment may be renumbered to conform to the numbering in the
38 Monroe County Comprehensive Plan.
39
40
41
42
4
Exhibit A to transmittal resolution
1
2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regular meeting held on the day of , 201 .
4
5 Mayor Heather Carruthers
6 Mayor Pro Tern George Neugent
7 Commissioner Danny L. Kolhage
8 Commissioner David Rice
9 Commissioner Sylvia Murphy
10
11 BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
13
14 BY
15 Mayor Heather Carruthers
16
17 (SEAL)
18
19 ATTEST: AMY HEAVILIN, CLERK
20
21
22
23 DEPUTY CLERK
MONROE COUNTY ATTORNEY
P ROVED AS FORM:
STEVEN T. WILLIAMS
ASSISTANT-COUNTY ATTORNEY
Date /aL/dt9//S
5