Ordinance 012-20161
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. 012 - 2016
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13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS AMENDING THE MONROE
15 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
16 (RL) TO MIXED USE /COMMERCIAL (MC) FOR PROPERTY
17 LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY
18 LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF
19 LAND IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
20 ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA,
21 HAVING REAL ESTATE NUMBERS 00091000.000000 AND
22 00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY
23 LARGO, INC. AND COCONUT BAY OF KEY LARGO, INC.;
24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
25 OF CONFLICTING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
27 AND THE SECRETARY OF STATE; PROVIDING FOR
28 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
29 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE
30 MAP; PROVIDING FOR AN EFFECTIVE DATE.
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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. NoO 12 - 2016
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I 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, the Monroe County Development Review Committee considered the
9 proposed amendment at a regularly scheduled meeting held on the 23` day of September, 2014;
10 and
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12 WHEREAS, the Monroe County Planning Commission held a public hearing on the 29
13 day of October, 2014, for review and recommendation on the proposed Future Land Use Map
14 amendment; and
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16 WHEREAS, the Monroe County Planning Commission made the following findings of
17 fact and conclusions of law:
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19 1. The proposed FLUM is not anticipated to adversely impact the community character
20 of the surrounding area; and
21 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
22 adopted Level of Service; and
23 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 Monroe County Year 2010 Comprehensive Plan, contingent on compliance with
25 Policy 101.4.20 prior to adoption; and
26 4. The proposed amendment must comply with Comprehensive Plan Policy 101.4.20
27 prior to adoption by the Board of County Commissioners. Based on the
28 density /intensity analysis, and in order to mitigate for the impacts of approval, one of
29 the following options needs to be addressed:
30 a. Donation of 4.4 acres of non - scarified land designated Tier I or Tier III -A SPA
31 located within the Upper Keys Subarea;
32 b. Donation 12 non - scarified IS Lots designated Tier I or Tier III -A located within
33 the Upper Keys Subarea; or
34 c. Donation 12 IS lots designated Tier III for affordable housing within the Upper
35 Keys Subarea.; and
36 5. The proposed amendment is consistent with the Key Largo Community Master Plan;
37 and
38 6. The proposed amendment is consistent with the Principles for Guiding Development
39 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
40 Statute; and
41 7. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
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43 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P34 -14
44 recommending to the Monroe County Board of County Commissioners approval of the proposed
45 amendment contingent on compliance with Policy 101.4.20 prior to adoption; and
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Ord. No 12 - 2016
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I WHEREAS, at a regular meeting held on the 10 day of December, 2014, the Monroe
2 County Board of County Commissioners held a public hearing to consider the transmittal of the
3 proposed amendment, considered the staff report and provided for public comment and public
4 participation in accordance with the requirements of state law and the procedures adopted for
5 public participation in the planning process; and
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7 WHEREAS, at the December 10, 2014, public hearing, the BOCC adopted Resolution
8 No. 374 -2014, transmitting the amendment to the State Land Planning Agency; and
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10 WHEREAS, the State Land Planning Agency reviewed the amendment and the County
11 received its Objections, Recommendations and Comments (ORC) report on March 23, 2015; and
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13 WHEREAS, the ORC report did not include any objections or comments regarding the
14 proposed map amendment; and
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16 WHEREAS, in response to the requirement to comply with Policy 101.4.20, the
17 applicant has requested a Comprehensive Plan text amendment creating a subarea policy for the
18 subject parcels that would eliminate any increase in potential residential development associated
19 with the proposed FLUM amendment and thereby eliminate the requirement to donate land; and
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21 WHEREAS, at a regularly scheduled meeting on April 20, 2016, the BOCC held a
22 public hearing to consider adoption of the proposed FLUM amendment;
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
25 COUNTY COMMISSIONERS:
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27 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
28 amended as follows:
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30 The property located at 97770 and 97702 Overseas Highway, Key Largo, Mile
31 Marker 98, described as parcels of land in section 6, township 62 south, range 39
32 east, Island of Key Largo, Monroe County, Florida, having real estate numbers
33 00091000.000000 and 00091020.000000 is changed from Residential Low (RL)
34 to Mixed Use /Commercial (MC) as shown on Exhibit 1, attached hereto and
35 incorporated herein.
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37 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
38 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
39 validity.
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41 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
42 with this ordinance are hereby repealed to the extent of said conflict.
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44 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
45 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
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Ord. No 2016
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I Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
2 secretary of the State of Florida but shall not become effective until a notice is issued by the
3 State Land Planning Agency or Administration Commission finding the amendment in
4 compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida
5 Statutes.
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7 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
8 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use
9 Map.
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11 PASSED AND ADOPTED by th Board of C my Commissioners of Monroe County,
12 Florida, at a regular meeting held on the day of , 2016.
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14 Mayor Heather Carruthers Yes
15 Mayor Pro Tem George Neugent Not Pre sent
16 Commissioner Danny L. Kolhage Yes
17 Commissioner David Rice Yes
18 Commissioner Sylvia Murphy Yes
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20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUN LqUIDA
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23 BY
24 -- Mayor Heat C ers
HEAVILIN, CLERK
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Ord. No.OJ2 2016
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Ord. No.OJ2 2016
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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
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
July 8, 2016
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. 012 -2016 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.
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.
Re ectfully sub e �a_k7
AT6y Heav' in, PA,
Clerk oft e 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
RICK SCOTT
Governor
July 8, 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. 012 -2016, which was filed in this office on July 8, 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