Ordinance 011-2016.n
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10 MONROE COUNTY, FLORIDA
11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
12 ORDINANCE N0011 -2016
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15 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS AMENDING THE MONROE
17 COUNTY COMPREHENSIVE PLAN, CREATING POLICY 107.1.5
18 KEY LARGO MIXED USE AREA 2, TO PROVIDE LIMITATIONS
19 ON DEVELOPMENT AND SPECIFIC RESTRICTIONS; TO
20 ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE
21 LAND USE MAP (FLUM) FROM RESIDENTIAL LOW (RL) TO
22 MIXED USE /COMMERCIAL (MC); FOR PROPERTY LOCATED
23 AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY LARGO,
24 MILE MARKER 98, DESCRIBED AS PARCELS OF LAND IN
25 SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND
26 OF KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
27 REAL ESTATE NUMBERS 00091000.000000 AND 00091020.000000;
28 AS PROPOSED BY SEE THE SEA OF KEY LARGO, INC. AND
29 COCONUT BAY OF KEY LARGO, INC.; PROVIDING FOR
30 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
31 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
32 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
33 STATE; PROVIDING FOR INCLUSION IN THE MONROE
34 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
35 EFFECTIVE DATE.
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38 WHEREAS, on September 15, 2015, See the Sea of Key Largo, Inc. and Coconut Bay of
39 Key Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting an
40 amendment to the Monroe County Comprehensive Plan to create Policy 107.1.5 Specific
41 Limitations on Key Largo Mixed Use Area 2; and
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43 WHEREAS, the proposed text amendment accompanies a proposed amendment to the
44 Future Land Use Map (FLUM) from Residential Low (RL) to Mixed Use /Commercial (MC) for
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I two parcels located at 97770 and 97702 Overseas Highway, mile marker 98, Key Largo, having
2 real estate numbers 00091000.000000 and 00091020.000000; and
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4 WHEREAS, Policy 101.4.20 of the Monroe County Year 2010 Comprehensive Plan,
5 which became effective on November 20, 2012, applies to the proposed FLUM amendment and
6 would require one of the following by the applicant:
7 a. Donation of 4.4 acres of non - scarified land designated Tier I or Tier III -A SPA
8 located within the Upper Keys Subarea; or
9 b. Donation of 12 non - scarified IS Lots designated Tier I or Tier I11 -A located within the
10 Upper Keys Subarea; or
11 c. Donation of 12 IS lots designated Tier III for affordable housing within the Upper
12 Keys Subarea; and
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14 WHEREAS, in response to the requirement to comply with Policy 101.4.20, the
15 applicant is requesting the proposed text amendment creating a subarea policy for the subject
16 parcels that would eliminate any increase in potential residential development associated with the
17 proposed FLUM amendment and thereby eliminate the requirement to donate land; and
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19 WHEREAS, the Monroe County Development Review Committee considered the
20 proposed text amendment at a regularly scheduled meeting held on the 16 day of November,
21 2015; and
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23 WHEREAS, the Monroe County Planning Commission held a public hearing on the 16
24 day of December, 2015, for review and recommendation on the proposed text amendment; and
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26 WHEREAS, based upon the information and documentation submitted, the Planning
27 Commission made the following Findings of Fact and Conclusions of Law:
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29 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
30 Monroe County Year 2010 Comprehensive Plan; and
31 2. The proposed amendment is consistent with the Principles for Guiding Development for
32 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute;
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34 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
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36 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 38 -15
37 recommending approval of the proposed amendment; and
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39 WHEREAS, at a regular meeting held on the 20 day of January, 2016, the Monroe
40 County Board of County Commissioners held a public hearing to consider the transmittal of the
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I proposed text amendment, considered the staff report and provided for public comment and
2 public participation in accordance with the requirements of state law and the procedures adopted
3 for public participation in the planning process; and
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5 WHEREAS, at the January 20, 2016, public hearing, the BOCC adopted Resolution 002-
6 2016, transmitting the proposed text amendment to the State Land Planning Agency; and
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8 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
9 Objections, Recommendations and Comments (ORC) report, received by the County on March
10 7, 2016; and
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12 WHEREAS, the ORC report included no objections or comments regarding the proposed
13 text amendment; and
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15 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
16 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
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18 WHEREAS, at a regularly scheduled meeting on the 20` day of April, 2016, the BOCC
19 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
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21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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24 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as
25 follows:
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27 Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
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29 Development in the Key Largo Mixed Use Area 2 shall be subject to regulations
30 applicable to the Mixed Use / Commercial (MC) Future Land Use Designation as well as
31 the additional restriction set out below:
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33 Consistent with Policy 101.4.20 in order to implement the Florida Keys Carrying
34 Capacity Study, maintain the overall County density and the preservation of native
35 habitat, this site /pro e�rty shall not increase its allocated density and allowable
36 development potential for permanent residential units The following development
37 controls shall apply:
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39 1. The allocated density for permanent residential uses on the site shall remain 0.50
40 dwelling units per acre.
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The Key Largo Mixed Use Area 2 having Real Estate Num bers 00091000.000000 and
2 00091020.000000, is approximately 2.28 acres of land and is legally described as:
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4 A tract of land 48.9 feet wide and part of Lot 10 according to George McDonald's Plat
5 of 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;
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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 Northwesterly at right angles to said Northwesterly right of way line a distance of
13 487.7 feet, more or less to the shore of Florida Bay, thence along the shore of Florida BU
14 in the Northeasterly right of way line distance of 48.9 feet t the point of beginning, and
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16 A tract of land 95 feet wide and part of Lot 10 according to George McDonald's Plat of
17 part of Section 5, Township 62 Range 39 on Key Largo as recorded in Plat Book 1 at
18 Page 59 of the Public Records of Monroe County Florida more particularly described as
19 follows;
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21 From the dividing line between Lots 10 and 11 according to said Plat Book 1 Page 59
22 run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas
23 Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described
24 thence continue Southwesterly along the Northwesterly right of way line of State Road
25 No. 5, a distance of 95 feet, thence northwesterly at right angles 695.1 feet thence
26 Northeasterly along a bulkhead line to a point 687.7 feet North of the Point of Beginning,
27 thence Southeasterly 687.7 feet to the Pont of Be inning_
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29 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
30 provision of this ordinance is held invalid, the remainder of this ordinance shall
31 not be affected by such validity.
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33 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
34 conflict with this ordinance are hereby repealed to the extent of said conflict.
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36 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
37 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
38 Statutes.
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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 with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of _AO�L2016.
Mayor Heather Carruthers
Yes
Mayor Pro Tem George Neugent
Not Presen
Commissioner Danny L. Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, �ORIDA
BY
Mayor ath rruthers
(SEAL)
AMY HEAVILIN, CLERK CCUr.TY _ =r ;'-v f
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�LERK
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AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 011 -2016 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.; 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;
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 April 20, 2016. Please file for the record. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully sub tted,
chg) � 0 Leek
Amy heav' n, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
By: Cheryl Robertson, D. C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
July 11, 2016
RICK SCOTT
Governor
July 11, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011 -2016, which was filed in this office on July 11,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.tl.us