Ordinance 013-2016I
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 013 - 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM
SUBURBAN RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL
(SC) 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 AMENDMENT TO THE LAND USE DISTRICT
(ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 16, 2014, See the Sea of Key Largo, Inc. and Coconut Bay of Key
Largo, Inc., doing business as Bay Harbor Lodge, submitted an application requesting to amend
the Monroe County Land Use District (Zoning) Map designation from Suburban Residential (SR)
to Suburban Commercial (SC); and
WHEREAS, the subject property is 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; and
WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
business as Bay Harbor Lodge, operates a hotel /motel at the subject property with a current
FLUM designation of RL, which does not allow hotels or other transient residential uses,
therefore the existing use is considered nonconforming to the provisions of the current
Comprehensive Plan and Monroe County Code; and
Ord. No.013 2016
Page 1 of 5
I WHEREAS, See the Sea of Key Largo, Inc. and Coconut Bay of Key Largo, Inc., doing
2 business as Bay Harbor Lodge, is requesting a change to the Zoning map designation in order to
3 eliminate the nonconformity for the existing hotel/motel use; and
4
5 WHEREAS, the applicant has submitted an application for a corresponding Future Land
6 Use Map (FLUM) amendment for the subject parcel from Residential Low (RL) to Mixed
7 Use /Commercial (MC); and
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9 WHEREAS, the Monroe County Development Review Committee considered the
10 proposed Zoning map amendment at a regularly scheduled meeting held on the 23` day of
11 September, 2014; and
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13 WHEREAS, the Monroe County Planning Commission held a public hearing on the 29`
14 day of October, 2014, for review and recommendation on the proposed Zoning map amendment;
15 and
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17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P35 -14
18 recommending adoption of the proposed Zoning map amendment, contingent on adoption and
19 effectiveness of the corresponding FLUM amendment; and
20
21 WHEREAS, at a regularly scheduled meeting held on the 20 day of April, 2016, the
22 Monroe County Board of County Commissioners held a public hearing, considered the staff
23 report, and provided for public comment and public participation in accordance with the
24 requirements of state law and the procedures adopted for public participation in the planning
25 process; and
26
27 WHEREAS, based upon the documentation submitted and information provided in the
28 accompanying staff report, the BOCC makes the following Findings of Fact:
29
30 1. Prior to the 1986 adoption of the County's current land development regulations and
31 their associated land use district maps, the subject property was p was partially within
32 a BU -2 district (Medium Business) and partially within a RU -3 district (Multiple
33 Family Residential); and
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35 2. In 1992, the subject property when it was re- designated as Suburban Residential (SR),
36 and with the adoption of the Comprehensive Plan's FLUM in 1997, the subject
37 property was given their current FLUM designation of Residential Low (RL); and
38
39 3. Map amendments to the Monroe County Land Use District Map shall not be
40 inconsistent with the provisions and intent of the Monroe County Comprehensive
41 Plan; and
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43 4. Monroe County Code (MCC) §102 -158 states that map amendments are not intended
44 to relieve particular hardships, nor to confer special privileges or rights on any person,
45 nor to permit an adverse change in community character, analyzed in the Monroe
46 County Comprehensive Plan, but only to make necessary adjustments in light of
Ord. No 2016
Page 2 of 5
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1 changed conditions or incorrect assumptions or determinations as determined by the
2 findings of the BOCC; and
3
4 5. MCC §102- 158(d)(5)(b) provides that one or more of the following criteria must be
5 met for a map amendment:
6
7 a. Changed projections (e.g., regarding public service needs) from those on which
8 the text or boundary was based;
9 b. Changed assumptions (e.g., regarding demographic trends);
10 c. Data errors, including errors in mapping, vegetative types and natural features
11 described in volume I of the plan;
12 d. New issues;
13 e. Recognition of a need for additional detail or comprehensiveness;
14 f. Data updates;
15 g. For FLUM changes, the principles for guiding development as defined in the
16 Florida Statutes relating to changes to the comprehensive plan; and
17
18 6. Map amendments to the Monroe County Land Use District Map shall not be
19 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
20 Critical State Concern; and
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22 WHEREAS, based upon the documentation submitted and information provided in the
23 accompanying staff report, the BOCC makes the following Conclusions of Law:
24
25 1. The proposed map amendment is consistent with the provisions of the Monroe
26 County Code:
27 a. As required by MCC §102 -158, the map amendment does not relieve particular
28 hardships, nor confer special privileges or rights on any person, nor permit an
29 adverse change in community character, as analyzed in the Monroe County Year
30 2010 Comprehensive Plan;
31 b. As required by MCC §102- 158(d)(5)b., the map amendment is needed due to data
32 errors; and
33
34 2. The proposed map amendment is consistent with the provisions and intent of the
35 Monroe County Year 2010 Comprehensive Plan:
36 a. The Suburban Commercial (SC) Land Use (Zoning) District corresponds with the
37 Future Land Use Map designation of Mixed Use /Commercial (MC), and is
38 consistent with the density and intensity standards as set forth in Policy 101.4.22;
39 b. The Suburban Commercial (SC) Land Use (Zoning) District is consistent with the
40 purpose of the Mixed Use /Commercial (MC) Future Land Use Map designation,
41 as set forth in Policy 101.4.5; and
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43 3. The proposed map amendment is not inconsistent with the Principles for Guiding
44 Development in the Florida Keys Area of Critical State Concern;
45
46
Ord. No 013 2016
Page 3 of 5
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
5 follows:
6
7 The property described as a parcel of land located at 97770 and 97702 Overseas
8 Highway, Key Largo, Mile Marker 98, described as a parcel of land in section 6,
9 township 62 south, range 39 east, Island of Key Largo, Monroe County, Florida,
10 having real estate numbers 00091000.000000 and 00091020.000000 shall be
11 designated as Suburban Commercial (SC) as shown on Exhibit 1, attached hereto
12 and incorporated herein.
13
14 This Land Use District (Zoning) map amendment is contingent on adoption and
15 effectiveness of the corresponding FLUM amendment from Residential Low (RL)
16 to Mixed Use /Commercial (MC).
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 to the Florida State Land
26 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
27
28 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
29 Florida but shall not become effective until approved by the Florida State Land
30 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
31 120 of the Florida Statutes.
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33 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map The
34 provisions of this Ordinance shall be included and incorporated on to the Official
35 Land Use District Map of Monroe County.
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37 Section 7. Effective Date. This ordinance shall become effective as provided by law and
38 stated above.
39
40 PASSED AND ADOPTED by the Board of Co t Co missioners of Monroe County,
41 Florida, at a regular meeting held on the day of 16.
42
43 Mayor Heather Carruthers Yes
44 Mayor Pro Tem George Neugent Not Pre sent
45 Commissioner Danny L. Kolhage Yes
46 Commissioner David Rice Yes
47 Commissioner Sylvia Murphy Yes
48
Ord. No Q 1 3 - 2016
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BOARD OF COUNTY C MMISSIONERS
OF MONROE COUN A
BY
Mayor Heat er Ca6dhers
MONROE COUNTY ATTORNEY
PROVED A T FORM:
7.
-fEN T WILLIAMS
ASSISTANT CppUgTY ATTORNEY
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Ord. No
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of two parcels of land in Key Largo having Real Estate Numbesr:
00091000 - 000000 and 00091000 - 000020 from Suburban Residential (SR) to Suburban Commercial (SC).
Falh,
I I ' I ' l TI
Aiiii I I gixu
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. 013 -2016 AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING)
MAP FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL (SC) 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 AMENDMENT TO THE LAND
USE DISTRICT (ZONING) 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.
Respectfully s b'�F�.�5M
r
Amy H 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
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. 013 -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.fl.us