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Ordinance 002-2019 2 � 3 s . 4 � 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. 002 -2019 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 11 COUNTY COMMISSIONERS AMENDING THE MONROE 12 COUNTY FUTURE LAND USE MAP AS A SMALL-SCALE 13 COMPREHENSIVE PLAN AMENDMENT PURSUANT TO 14 SECTION 163.3187, FLORIDA STATUTES, FROM RESIDENTIAL 15 HIGH (RH) AND RESIDENTIAL CONSERVATION (RC) TO 16 MIXED USE /COMMERCIAL (MC), FOR PROPERTY LOCATED 17 AT 21585 OLD STATE ROAD 4A, CUDJOE KEY, 18 APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE 19 ft 00174960-000000, AS PROPOSED BY SMITH HAWKS, PL ON 20 BEHALF OF MOBILE HOMES HOLDINGS COCO, LLC; 21 CONTINGENT ON ADOPTION AND EFFECTIVENESS OF 22 PROPOSED SUBAREA POLICY 107.1.7 OF THE 23 COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON 24 DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE 25 SUBJECT PROPERTY; PROVIDING FOR SEVERABILITY; 26 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 27 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE 28 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE 29 DATE. 30 31 32 33 WHEREAS, an application was filed by Smith Hawks, PL on behalf of Mobile Home 34 Holdings Coco, LLC (the "Applicant") to amend the Monroe County Future Land Use Map 35 (FLUM) from Residential High (RH; 1.1 acres) and Residential Conservation (RC; 0.6 acres) to 36 Mixed Use / Commercial (MC; 1.7 acres) for a portion of property located at 21585 Old State 37 Road 4A on Cudjoe Key; and 38 39 WHEREAS, the applicant has also applied for a corresponding amendment to the Monroe 40 County Year 2030 Comprehensive Plan to create a subarea policy for the subject property limiting 41 development on the site to affordable housing and accessory uses, and for a corresponding 42 amendment to the Land Use District (Zoning) map amendment for the subject property from 43 corresponding Land Use District (Zoning) map amendment for the subject property from Urban 44 Residential Mobile Home (URM; 1.1 acres) and Native Area (NA; 0.6 acres) to Suburban 45 Commercial (SC; 1.7 acres); and 46 Ordinance 002 -2019 File#2018-051 Page 1 of 3 1 WHEREAS, the Monroe County Development Review Committee (DRC) considered the 2 proposed amendment at a regularly scheduled meeting held on May 29, 2018, and provided for 3 public comment; and 4 5 WHEREAS, on May 31, 2018,the applicant held a community meeting, as required by LDC 6 Sections 102-158(a) and 102-159(b), to discuss the proposed Future Land Use Map (FLUM) 7 amendment, and corresponding proposed Comprehensive Plan text amendment and Land Use 8 District(Zoning) Map amendment, and provide for public participation; and 9 10 WHEREAS, following the DRC meeting and the community meeting, the Applicant 11 submitted revised proposed text amendment language for the corresponding subarea policy based 12 on staff and public comment; and 13 14 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County 15 Planning Commission held a public hearing for the purpose of considering the proposed 16 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan, 17 as well as the corresponding Comprehensive Plan text amendment creating a subarea policy, and 18 the proposed Zoning map amendment for the site, and provided for public comment; and 19 20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 26-18 21 recommending to the BOCC approval with changes,as discussed during the Planning Commission 22 hearing, of the proposed amendment; and 23 24 WHEREAS, the proposed FLUM amendment qualifies as a small-scale comprehensive 25 plan amendment pursuant to Section 163.3187, Florida Statutes, for which the BOCC holds one 26 public hearing to consider the adoption of the proposed comprehensive plan amendment, and 27 considers the staff report, staff recommendation, and the testimony given at the public hearing; 28 and 29 30 WHEREAS, at a regular meeting held on the 20th day of February, 2019, the Monroe 31 County Board of County Commissioners held a public hearing to consider adoption of the 32 proposed FLUM amendment, considered the staff report and provided for public comment and 33 public participation in accordance with the requirements of state law and the procedures adopted 34 for public participation in the planning process; 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 38 39 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is 40 amended as follows, contingent on effectiveness of the corresponding subarea 41 policy: 42 Ordinance 002 -2019 File#2018-051 Page 2 of 3 1 The property located 21585 Old State Road 4A, Cudjoe Key, approximately Mile 2 Marker 22, legally described as a portion of Lot 30, Sacarma a subdivision of 3 Government Lots 3 and 4 in Section 29,Township 66 South,Range 28 East, Cudjoe 4 Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public 5 Records of Monroe County, Florida, having real estate # 00174960-000000 is 6 changed from Residential High(RH) and Residential Conservation(RC)to Mixed 7 Use / Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated 8 herein. 9 10 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 11 provision of this ordinance is held invalid,the remainder of this ordinance shall not 12 be affected by such validity. 13 14 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 15 conflict with this ordinance are hereby repealed to the extent of said conflict. 16 17 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the 18 Secretary of the State of Florida and shall become effective as provided by law. 19 20 Section 5. Inclusion in the Comprehensive Plan. The foregoing amendment shall be 21 incorporated in the Monroe County Comprehensive Plan and included on the Future 22 Land Use Map. 23 24 PASSED AND ADOPTED by the Board of unty Commissioners of Monroe County, Florida, 25 al a regular meeting held on the 2°• . day of ,2e19 . 26 27 Mayor Sylvia Murphy, District 5 Yes 28 Mayor Pro Tern Danny L. Kolhage, District 1 Yes 29 Commissioner Michelle Coldiron, District 2 Yes 30 Commissioner Heather Carruthers, District 3 Yes 31 Commissioner David Rice, District 4s n, 32 0 . 33 , " (' ` BOARD OF COUNTY COMMISSIQ RS al .n7 34 ,a '';',_._,.= ;,7-[., '\t;r OF MONROE FAUN LORIDAA' `—' 35 r t .. r1..; -J; 36 iEl C, i , ' i i BY Sm.n 37 ' \; 'r'�''k `` �i Mayo/Sylvia Murphy r, _ c^ 38 (SEAL)' „ / o Q 39 `, `. r---_.-. � r' r co 40 ATTEST:'EKEVIN MADOK, CLERK 41Q 4 MO2.....*17 ® �j 42 c--�.� ......_o 43 DEPUTY CLERK ST4VE�f T. ATTORNEY Opts„ Ordinance 00.2 -2019 File#2018-051 Page 3 of 3 f Exhibit 1 to Ordinance# 002 ©2019 00174960-000000 0 c J co RC MC t OLD ,—--`--8 — Q I— `_� OVERSEAS Hwy _ �' Q o © — CC —' —77 ''U -u CO G 00 ,---(\° J — The Monroe County Future Land Use Map is amended as indicated above. Future Land Use change of one parcel of land in Cudjoe Key having Real Estate Number 00174960-000000 from Mixed Use/Commercial(MC),Residential High(RH),and Residential Conservation(RC)to N Mixed Use/Commercial(MC)and Residential Conservation(RC). K1 YVI EST rriz rililif The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.corn MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 • Account: 138694 Ticket: 27728`9 ? PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersign authority personallyappeared fn1 S ,ra V 1�.s ,who on oath says that he or she is )14of the Key West Citizen, a daily newspaper publishe in Key st, in Monroe County, Florida;that the attached copy of advertisment, being a egal notice in the matter of was published in said newspaper in the issues of: Monday, February 4,2019 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in t /s-id n- .spaper. / iA (Sign r re.of Affian!//'' Affy4-• .n. sub' y``ti?4 •- ore me this 4th day of February 2019 addith///// r. I— .ti/Ad 1J 4011, 41 (Notary Pu"is Printed Name) (Notary Seal) My commission expires 6112 0--a Personally Known X Produced Identification Type of Identification Produced 4 -11 Suelynn Stamper _+. ;._-COMMISSION#GG232802 Iii. ;.se EXPIRES:June 27 2022 ", Bonded Nu Aaron Notary MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE COUNTY LAND USE (ZONING) DISTRICT MAP NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN February 20, 2019 • NOTICE IS HEREBY GIVEN that on Wednesday,February 20,2019,the Monroe County Board of County Commissioners will hold a Public Meeting at the Harvey Government Center,1200 Truman Ave,Key West, Mewcoe County,Florida.to review and receive public comment for the following items: ABSOLUTION SETTING THE DATE,TIME,AND PLACE FOR A PUBUC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHTS-OF-WAY OF MACDONALD AVENUE AND FIRST STREET,STOCK ISLAND,MONROE COUNTY,FLORIDA,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55;BOUNDED ON THE NORTH BY ALL OF BLOCK 32;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;BOUNDED ON THE SOUTH BY ALL OF BLOCK 34.AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11 AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED SHORELINE. (File#2018-179). A RESOLUTION SETTING THE DATE.TIME,AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23;BOUNDED ON THE WEST BY SECOND STREET;BOUNDED ON THE SOUTH BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM AND A PARCEL OF LAND ADJACENT TO GOVERNMENT LOT 2,SECTION 35,TOWNSHIP 67 SOUTH,RANGE 25 EAST.STOCK ISLAND.MONROE COUNTY.FLORIDA (File#2010-130). PUBLIC HEARINGS:3:00 PM(or as soon thereafter as may be heard): AIN ORDINANCE BY THE MONROE COUNTY BOAIIitair COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER 111-A TO TIER II!AS REQUESTED BY LIZ HOMES,LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 31 INDIAN • ,MOUND ESTATES,SUGARLOAF KEY PLAT BOOK 4 PAGE 132, SUGARLOAF KEY, HAVING REAL ESTATE NO.00171070-000000;AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN- VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ?PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE- TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.[File#2018-136]. See Map 1 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY LIZ HOMES, LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 32 INDIAN MOUND ESTATES, SUGARLOAF KEY PLAT BOOK 4 PAGE 132,SUGARLOAF KEY. HAVING REAL ESTATE NO.00171080-000000;AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN- VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE- TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.[File#2018-137]. See Map 2 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM URBAN RESIDENTIAL MOBILE HOME(URM) TO MIXED USE(MU),FOR PROPERTY LOCATED AT 5650 E.LAUREL AVE.,STOCK ISLAND,MILE MARKER 5,AS PROPOSED BY 5650 LAUREL, LLC; 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.(File 2018-141). See Map 3 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE !MONROE COUNTY COMPREHENSIVE PLAN AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, CREATING POLICY 107.1.7 COCO PALMS AF- , FORDABLE HOUSING SUBAREA; ESTABLISHING THE BOUNDARY OF THE COCO PALMS AFFORDABLE MOUSING SUBAREA;LIMITING THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED AFFORD- ABLE HOUSING DWELLING UNITS; LIMITING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING IN THE SUBAREA;AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO;FOR PROPERTY LO- CATED AT 21585 OLD STATE ROAD 4A,CUDJOE KEY,APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE#00174960-000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLD- INGS COCO,LLC;TO ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP(FLUM) FROM RESIDENTIAL HIGH(RH)AND RESIDENTIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL (MC);PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVID- ING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVEPLAN;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-050). See Map 4 Below AN_DRDINANCE BY THE_MQNROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT • PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FROM RESIDENTIAL HIGH(RH)AND RESIDEN- TIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL(MC).FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A,CUDJOE KEY, APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE#00174960- 000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC; CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR ING..USION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE#2018-051). See Map 4 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA)AND URBAN RESIDEN- TIAL-MOBILE HOME(URM)TO SUBURBAN COMMERCIAL(SC).FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A, CUDJOE KEY, APPROXIMATE MILE MARKER 22. HAVING REAL ESTATE# 00174960- 000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO.LLC; CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY: PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP; PROVIDING FOR AN EFFECTIVE DATE.(FILE#2018-052). See Map 4 Below IMP 1 MAP 2 I mil i_.,� I. ) { i. 00i,o7o.000000 • ...1.) 1..,.I 1pw�t � ootoao.oa000c ..r...r.r . _.. - ,c.r n q_. • Sugarloaf Key , Sugarloaf Key A Mile Marker 20 i Mile Marker 23 MPS " " MAP 4 L;.>a RMbMU- 90121490-e000110 0:.M*WW.4 o0' a . slat 5saane Cmoc Key i Mae Marker 5 wie MIeWr 22 Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and online at: www.monroecounty-fl.gov Pursuant to Section 286.0105 Florida Statutes, if a person decides to appeal any decision of the Board of County Commissioners,with respect to any matter considered at the meeting or hearing.he or she will need a record of the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings is made.which record includes the testimony&evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305) 292-4441,between the hours of 830 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711" February 4.2019 Key West CtNzen S4�Rc ugTa�1�1 Kevin Madok, CPA 'h o := ' ,.= Clerk of the Circuit Court&Comptroller—Monroe County, Florida March 14, 2019 Department of State Administrative Code &Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 002-2019 amending the Monroe County Future Land Use Map as a small—scale Comprehensive Plan amendment pursuant to Section 163.3187, Florida Statutes,from Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC);for property located at 21585 Old State Road 4A, Cudjoe Key, approximately mile marker 22,having real estate number 00174960-000000,as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco,LLC; contingent on adoption and effectiveness of proposed Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on development and specific restrictions on the subject property;providing for severability;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 February 20, 2019. Should you have any questions, please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by Pamela G. Hancock, D.C. cc: Planning&Environmental County Administrator County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State March 14, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 002-2019, which was filed in this office on March 14, 2019. 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.ft.us