Ordinance 018-20162 z
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ORDINANCE - 2015/
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10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS
12 PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG
13 PINE KEY AND NO NAME KEY AMENDING THE TIER DESIGNATION
14 FOR PROPERTY OWNED BY LONGSTOCK II, LLC, LEGALLY
15 DESCRIBED AS LOTS 1, 2, 3, 4 AND 5, BLOCK 1; LOTS 1 THROUGH 18
16 BLOCK 2, SAM -N -JOE SUBDIVISION PLAT BOOK 3 PAGE 76 OF THE
17 PUBLIC RECORDS OF MONROE COUNTY FLORIDA AND LOTS 1
18 THROUGH 9, BLOCK 3, DARIOS SUBDIVISION PLAT BOOK 3 PAGE 92
19 OF THE PUBLIC RECORDS OF MONROE COUNTY FLORIDA; HAVING
20 REAL ESTATE NUMBERS 00300090 - 000000; 00300180 - 000000; 00300590-
21 000000 AND 00300670 - 000000 FROM TIER I TO TIER III ON FIGURE 2.1
22 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY); CREATING
23 ACTION ITEM 3.3.5 TO RESTRICT THE DEVELOPMENT OF THE
24 FOUR SUBJECT PARCELS TO ONLY AFFORDABLE HOUSING;
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
26 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL
27 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE
28 FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE
29 DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE
30 COUNTY 2010 COMPREHENSIVE PLAN.
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33 WHEREAS, on December 17, 2003 the BOCC passed Resolution 562 -2003 approving the
34 Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as the policy
35 document to direct growth and development of Big Pine Key and No Name Key. The LCP
36 implements the Habitat Conservation Plan (HCP) as well as provides for the development needs
37 of the community; and
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39 WHEREAS, the LCP was completed in August 2004, adopted by the Board of County
40 Commissioners on August 18, 2004 and incorporated by reference into the Monroe County 2010
41 Comprehensive Plan by Policy 101.20.2(1); and
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43 WHEREAS, Longstock I1, LLC submitted an application requesting to amend Figure 2.1 of
44 the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and
45 No Name Key by amending the Tier Designation for Parcel #'s 00300090 - 000000; 00300180-
46 000000; 00300590- 000000 & 00300670 - 000000 from Tier I to Tier I11; and
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WHEREAS, the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 28 1h day of July, 2015; and
WHEREAS, at a regularly scheduled meeting held on the 26` day of August, 2015, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. The proposed amendment is not anticipated to adversely impact the community
character of the surrounding area; and
2. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan; and
3. The proposed amendment is consistent with the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key and the Habitat Conservation Plan; and
4. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statute; and
5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
WHEREAS, at a regular meeting held on the 21 51 day of October 2015, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed amendment, 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
WHEREAS, based on public comment and public participation in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process, the Monroe County Board of County Commissioners directed staff to include an
additional amendment as an Action Item designating Parcel #'s 00300090 - 000000; 00300180-
000000; 00300590- 000000 & 00300670 - 000000 for affordable housing only; and
WHEREAS, at the meeting staff recommended draft text to amend the Livable
CommuniKeys Plan by creating Action 3.3.5 designate the four subject parcels as affordable
housing overlay for only affordable housing development, which the BOCC voted to include in the
transmittal package; and
WHEREAS, at the October 21, 2015 public hearing, the BOCC voted to transmit the
amendment to the State Land Planning Agency; and
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93 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
94 Objections, Recommendations and Comments (ORC) Report on March 8, 2016 that identified two
95 objections and associated recommendations; and
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97 WHEREAS, the County must address the two identified objections and determine whether
98 to adopt the amendment, adopt the amendment with changes or not adopt the amendment; and
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100 WHEREAS, the ORC report's first Objection to the proposed map amendment states: "The
101 site is entirely surrounded by property designated as Tier I. All Tier III properties on Big Pine Key
102 are either adjacent to US I or other Tier III properties. Reclassifying this property as Tier III could
103 serve as a stimulus or foothold to prompt future requests for Tier changes. Little data was submitted
104 to justify the proposed change. The Harvest value of the properties submitted indicates the parcel
105 would more appropriately be designated Tier II. The County's Land Development Code Section 130-
106 130(e) indicates that a map change may be made to correct errors in mapping the Tier system, but
107 does not list specific criteria to be met in order to change the designation. No data has been
108 provided to demonstrate that an error in mapping was made. Since all allocations for Tier I have
109 been utilized, the only way to allocate development to this scarified site is by changing the Tier
110 designation. Changing the Tier designation on the subject parcels would allow the county to replace
111 the existing units for the development of up to 44 additional permanent dwelling units
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113 WHEREAS, the ORC report's recommendation for addressing the first Objection was to
114 "Provide data and analysis demonstrating that the parcel is suitable to be designated as Tier II and
115 reassign a Tier II designation; " and
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117 WHEREAS, in response to the ORC Report's first Objection and Recommendation,
118 Monroe County Planning & Environmental Resources staff stated that the Objection does not
119 address the Tier Overlay criteria and that the proposed amendment does not increase the already
120 currently permitted density of the site. The Tier II designation is inappropriate because the only
121 criteria the subject parcels meet for Tier 11 is the reflective H value; and
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123 WHEREAS, the ORC report's second Objection to the proposed text amendment state
124 "The proposed text amendment does not provide a meaningful and predictable basis for an
125 affordable housing overlay;" and
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127 WHEREAS, the ORC report's recommendation for addressing the second Objection was to
128 "Develop criteria and definitions for an affordable housing overlay or to change the proposed text
129 amendment regarding the four parcels to specify that only "deed restricted affordable housing" can
130 be developed at the location instead of referring to an affordable housing overlay. "
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132 WHEREAS, in response to the ORC Report's second Objection and Recommendation,
133 Monroe County Planning & Environmental Resources concurs with the recommendation to change
134 the proposed text amendment regarding the four parcels to specify that "deed restricted affordable
135 housing" can be developed at the location instead of referring to an affordable housing overlay; and
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141 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
142 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1.
The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as
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adopted by reference into the Monroe County 2010 Comprehensive Plan is
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amended as follows:
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(1) Amending the Tier designations on Figure 2.1 for four (4) parcels having real
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estate numbers 00300090 - 000000; 00300180- 000000; 00300590- 000000 and
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00300670 - 000000 from Tier I to Tier III as shown on Exhibit 1 attached
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hereto and incorporated herein.
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(2) Creating Action Item 3.3.5 as follows (Deletions are stricken through and
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additions are underlined):
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Action Item 3.3.5: New development on the four (4) parcels legally
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described as Lots 1, 2, 3, 4 And 5, Block 1 • Lots 1 through 18 Block 2 Sam -
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N -Joe Subdivision Plat Book 3 Page 76 of the Public Records of Monroe
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County Florida and Lots 1 Through 9, Block 3 Darios Subdivision Plat Book
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3 Page 92 of the Public Records of Monroe County Florida; having real
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estate numbers 00300090 - 000000; 00300180- 000000. 00300590- 000000 and
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00300670- 000000 shall be limited to deed restricted affordable housing
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Section 2.
Severability. If any section, subsection, sentence, clause, item, change, or
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provision of this ordinance is held invalid, the remainder of this ordinance shall
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not be affected by such validity.
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Section 3.
Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
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conflict with this ordinance are hereby repealed to the extent of said conflict.
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Section 4.
Transmittal. This ordinance shall be transmitted by the Director of Planning to
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the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
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Statutes.
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175 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
176 secretary of the State of Florida but shall not become effective until a notice is
177 issued by the State Land Planning Agency or Administration Commission
178 finding the amendment in compliance with Chapter 163, Florida Statutes and
179 after any applicable appeal periods have expired.
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181 Section 6. Inclusion in the Comprehensive Plan. The number of the foregoing
182 amendment may be renumbered to conform to the numbering in the Livable
183 CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by
184 reference into the Monroe County 2010 Comprehensive Plan and shall be
185 incorporated in the Livable CommuniKeys Master Plan for Big Pine Key and
186 No Name Key.
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189 PASSED AND ADOPTED by t i�Board of unty Commissioners of Monroe County, Florida,
190 at a regular meeting held on the day of , 2016.
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192 Mayor Heather Carruthers Yes
193 Mayor pro tem George Neugent Yes
194 Commissioner Danny L. Kolhage y
195 Commissioner David Rice Yes
196 Commissioner Sylvia Murphy Yes
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199 BOARD OF COUNTY COMMI SIONERS OF MONROE
200 COUNTY, FLORIDA
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202 BY
203 Mayor H/ther&kthers
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205 SEAL)
AMY HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
A OV D AS T ORM:
-ST17 :,`P T. VVIk.LIAMS
ASSiSTwNT CDUNT ATTORNEY
Date 3' /Z 71 16
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EXHIBIT I
AMENDMENT TO THE LIVABLE COMMUNIKEYS PROGRAM MASTER PLAN FOR
THE FUTURE DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY TIER MAP
(FIGURE 2.1) FROM TIER I TO TIER III
00300090-000000; 00300180-000000; 00300590-000000& 00300670-000000
Livable Communikeys Program
Big Pine Key and No Name Key
Tier Overlay District
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Figure 2 1 Inset Map
kiliN‘
•
Proposed Amendment for Pa r t
X300090 000000.0030016C o...
X300670-J00G00 and CO 36(
Toreee CoeMr/1Y Overlay Diana �.
Tier Monroe County
tor i-Native area Planning and Environmental
u Ter u-Trirweon and Sprawl Area Resources Department
Milner ut.eMAV*
Fpure 2 Tier decor aeons on Be P,rr Ney and No Name Kay(Ordinance 020-2009 9 t I -: r -- —
File No.2015-116 pg.21
AMY NEAVILIN, CPA
CLERK OF CIRCUR COURT & COMP'iROLLER
Mom couxn, FLORIDA
July 6, 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. 018 -2016. An ordinance by the Monroe County Board Of
County Commissioners amending the Livable Communikeys Program Master Plan for Future Development of Big Pine Key
and No Name Key amending the tier designation for property owned by Longstock II, LLC, legally described as lots 1, 2, 3,
4 and 5, block 1; lots 1 through 18 block 2, Sam -N -Joe Subdivision Plat Book 3 Page 76 of the public records of Monroe
County Florida and lots 1 through 9, block 3, Darios Subdivision Plat Book 3 Page 92 of the public records of Monroe
County Florida; having real estate numbers 00300090 - 000000; 00300180- 000000; 00300590- 000000 and 00300670 - 000000
from Tier I to Tier III on Figure 2.1 (Tier map for Big Pine Key and No Name Key); creating Action Item 3.3.5 to restrict the
development of the four subject parcels to only affordable housing; providing for severability; providing for the repeal of
inconsistent provisions; providing for the transmittal to the State Land Planning Agency; providing for the filing with the
Secretary of State and for an effective date; and providing for the inclusion in the Monroe County 2010 Comprehensive Plan.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in
formal session, on May 18, 2016. Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Re ectfully sub
o,��san
Am�� CPA,
Y
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 7, 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. 018 -2016, which was filed in this office on July 6, 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