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Ordinance 020-2019 g`19: 3 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. 020 - 2019 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING THE MONROE 14 COUNTY FUTURE LAND USE MAP FROM MIXED USE / 15 COMMERCIAL (MC), RECREATION (R) AND CONSERVATION 16 (C) TO COMMERCIAL (COMM), FOR A PORTION OF 17 PROPERTY LOCATED AT 100 ANCHOR DRIVE, KEY LARGO, 18 OCEAN REEF CLUB, HAVING REAL ESTATE NUMBERS 19 00572797-003600 AND 00572797-003603; AS PROPOSED BY 20 OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY; 21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 23 PLANNING AGENCY AND THE SECRETARY OF STATE; 24 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 25 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE 26 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE 27 DATE. 28 29 30 WHEREAS, on April 11, 2018, the Planning and Environmental Resources Department 31 received an application from the Ocean Reef Club Inc. (the"Applicant")to amend the Monroe County 32 Future Land Use Map (FLUM)from Mixed Use/Commercial (MC),Recreation(R) and Conservation 33 (C) for property located at 100 Anchor Drive, Key Largo; and 34 35 WHEREAS, on July 18, 2018, the Planning and Environmental Resources Department 36 received a revised application from the Applicant to amend the Monroe County Future Land Use Map 37 (FLUM) from Mixed Use / Commercial (MC), Recreation (R) and Conservation (C) to Commercial 38 (COMM) for property located at 100 Anchor Drive, Key Largo; and 39 40 WHEREAS, the Applicant has also requested a corresponding Land Use (Zoning) District 41 map amendment for the subject property from Suburban Commercial (SC),Native Area(NA) and Park 42 and Refuge (PR) to Commercial 1 (C 1); and 43 44 WHEREAS, the Monroe County Development Review Committee (DRC) considered the 45 proposed amendment at a regularly scheduled meeting held on December 11, 2018; and 46 Ord.No. 020 -2019 File 2018-075 Page 1 of 3 1 WHEREAS,the Monroe County Planning Commission held a public hearing on the 11`h day 2 of December, 2018, for review and recommendation on the proposed Future Land Use Map 3 amendment; and 4 5 WHEREAS, the Monroe County Planning Commission made the following findings of fact 6 and conclusions of law: 7 8 1. The proposed FLUM is not anticipated to adversely impact the community character of the 9 surrounding area; 10 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 11 adopted Level of Service (LOS); 12 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the 13 Monroe County Year 2030 Comprehensive Plan; and 14 4. The proposed amendment is consistent with the Principles for Guiding Development for 15 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; 16 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and 17 6. The proposed amendment will not result in an adverse change in community character to 18 the sub-area which a proposed amendment affects or to any area in accordance with the 19 Key Largo Livable CommuniKeys master plan pursuant to findings of the BOCC. 20 21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P38-18 22 recommending to the Monroe County Board of County Commissioners approval of the proposed 23 amendment; and 24 25 WHEREAS, at a regular meeting held on the 23`d day of January, 2019, the Monroe County 26 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 27 amendment, considered the staff report and provided for public comment and public participation in 28 accordance with the requirements of state law and the procedures adopted for public participation in 29 the planning process; and 30 31 WHEREAS, at the January 30, 2019,public hearing, the BOCC adopted Resolution No. 035- 32 2019, transmitting the amendment to the State Land Planning Agency; and 33 34 WHEREAS, the State Land Planning Agency reviewed the amendment and the County 35 received its Objections, Recommendations and Comments (ORC) report on May 6, 2019; and 36 37 WHEREAS, the ORC report did not identify any objections, or comments to the proposed 38 amendment; and 39 40 WHEREAS, at a regularly scheduled meeting on the 19th day of June, 2019, the BOCC held a 41 public hearing to consider adoption of the proposed FLUM amendment; 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 44 COUNTY COMMISSIONERS: 45 Ord. No. 020 -2019 File 2018-075 Page 2 of 3 1 Section 1.The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended as 2 follows: 3 4 The property located at 100 Anchor Drive, Key Largo, Ocean Reef Club, having Real 5 Estate Numbers 00572797-003600 and 00572797-003603,is changed from Mixed Use 6 /Commercial (MC),Recreation (R) and Conservation (C)to Commercial (COMM) as 7 shown on Exhibit 1, attached hereto and incorporated herein. 8 9 Section 2. Severability.If any section, subsection, sentence, clause, item, change, or provision of this 10 ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. 11 12 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with 13 this ordinance are hereby repealed to the extent of said conflict. 14 15 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State 16 Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 17 18 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the secretary of 19 the State of Florida but shall not become effective until a notice is issued by the State Land Planning 20 Agency or Administration Commission finding the amendment in compliance, and if challenged,until 21 such challenge is resolved pursuant to Chapter 120, Florida Statutes. 22 23 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be incorporated 24 in the Monroe County Comprehensive Plan and included on the Future Land Use Map. 25 26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 27 Florida, at a regular meeting held on the 19th day of June , 2019 28 29 Mayor Sylvia Murphy , District 5 Yes 30 Mayor Pro Tern Danny L. Kolhage, District 1 Yes 31 Commissioner Michelle Coldiron, District 2 Yes 32 Commissioner Heather Carruthers, District 3 Yes 71. , 33 Commissioner David Rice, District 4 Q1Les `_ 34r c r 35 n , 36 --'1 ui CI cl C) 37 7"f BOARD OF COUNTY COMMISSI IERS -0 38 i' ;3 1,, OF MONROE NT ORIDA';!r) . C - 4 tr= BY _� F Mayo ylvia Murphy 42 n ' ` ". _ 43 ;�_. ' ... - °..,•. MONROE COUNTY A NEY 44 APPR4S i. , -g TO . 45 ATTEST: KEVIN MADOK, CLERK ....�� :sr.: ,� 46 5..4:,_ . :. ;..k. .. .., _ 47 ASStSTAtif. •...l Y ' :: .1. Mlle ZS:7 IL/ 7 48 DEPUTY CLERK Ord. No. 020 -2019 File 2018-075 Page 3 of 3 Exhibit 1 to Ordinance# 020 -2019 cO EAST L cce off, �� of �0572797-003603 005727• 903600 �NoRo ./► GN-c 05 o S y�ReI I**.Ill 0R ols, ,C3o / „, The Monroe County Future Land Use District is amended as indicated above. Future Land Use District change a portion of two parcels of land in Ocean Reef having Real Estate Numbers 00572797-003600 and 00572797-003603 from Mixed Use/Commercial(MC),Recreation(R)and Conservation(C)to Commercial(COMM). N „,,...›c KEY1WEST liiillik MEN 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 • 4 Account: 138694 Ticket: 296779 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared Oli&\14 rralleS ,who on oath says that he or she is an 0(,.., of the Key West Citizen, a daily newspaper publish d in K West, in Monroe County, Florida;that the attached copy of advertisment,being a legal notice in the matter of was published in said newspaper in the issues of:/ Sunday, June 2, 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 the said newspaper. (Si n. a of Affiant) ID------------- Aff •-• a ••-tub •:rbefore me this 3rd day of June 2019 IF (11:'-• ''blic .ture) ' Lid. 'xi, /M1 / (Notary ' blic 'anted Name) (Notary Seal) My commission expires c77(520—. Personally Known X Produced Identification Type of Identification Produced OS y Suelynn Stamper .c ,. )COMMISSIONS GG232802 :` ::''-, :a EXPIRES:June 27,2022 ---'"44%%%'% Banded 11nru Aaron Notar y MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP NOTICE OF AMENDMENT TO THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP NOTICE OF CHANGE TO COMPREHENSIVE PLAN NOTICE OF CHANGE TO LAND DEVELOPMENT REGULATIONS June 19, 2019 NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 2019, the Monroe County Board of County Commissioners will hold a Public Meeting at the Nelson Government Center, 102050 Overseas Highway,Key Largo,Monroe County,Florida,to review and receive public comment for the following items: PUBLIC HEARINGS:3:00 PM(or as soon thereafter may be heard): 1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF CO' NTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL(MC),RECREATION(R) AND CONSERVATION(C)TO COMMERCIAL(COMM),FOR A PORTION OF PROPERTY LOCATED AT 100 ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS 00572797-003600 AND 00572797-003603;AS PROPOSED BY OCEAN REEF CLUB 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.(File 2018-075). See Map 1 Below 2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA),PARKS AND REFUGE (PR)AND SUBURBAN COMMERCIAL(SC)TO COMMERCIAL 1 (C1), FOR A PORTION OF PROPERTY LOCATED AT 100 ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS 00572797-003600 AND 00572797-003603; AS PROPOSED BY OCEAN REEF CLUB 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. (File 2018-076)See Map 2 Below Map 1 Map 2 FLUM LUD C,R&MC to COMM I NA,PR&SC to Cl .wn , Ocean Reef! [Ocean Reef 3. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TO ALLOW FOR THE AWARD OF AFFORDABLE ROGO ALLOCATIONS TO TIER I AND III-A FOR THE REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT MARKET RATE DWELLING UNITS WITH A REPLACEMENT AFFORDABLE DWELLING UNIT; 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.(FILE 2018-107) 4. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTIONS 138-24 AND 139-1(A)(6)C.TO ALLOW FOR THE AWARD OF ROGO ALLOCATIONS TO TIER I,TIER II,TIER III AND III-A FOR THE REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT DWELLING UNITS WITH A REPLACEMENT AFFORDABLE DWELLING UNIT; 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 LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-108) 5. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.3.7 OF THE 2030 MONROE COUNTY COMPREHENSIVE PLAN REGARDING TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY A NATURAL DISASTER TO ALLOW FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF TEMPORARY EMERGENCY HOUSING AFTER A NATURAL DISASTER;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.(File#2018-042) 6. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 103-1, TEMPORARY HOUSING TO ALLOW FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY COUNTY RESIDENTS AFTER A NATURAL DISASTER; 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 CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-043) 7. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT- OF-WAY OF GARDEN STATE LANE, AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES SECTION THREE,PLAT BOOK 6, PAGE 61,BOUNDED ON THE NORTH AND WEST BY BLOCK 8 LOTS 17 AND 18;BOUNDED ON THE EAST BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH BY GARDEN STATE LANE; SECTION 14,TOWNSHIP 61, RANGE 39, KEY LARGO, MONROE COUNTY, FLORIDA.(File#2018-231) 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 8:30 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." June 1,2019 Key West Citizen _ ....MS,,.«.. 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State June 26, 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 replacement electronic copy of Monroe County Ordinance No. 020-2019, which was filed in this office on June 26, 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 a,...-°70410, Kevin Madok, CPA %, {10-:•= Clerk of the Circuit Court&Comptroller—Monroe County, Florida June 25, 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. 020-2019 amending the Monroe County Future Land Use Map from Mixed Use/Commercial(MC),Recreation(R) and Conservation(C)to Commercial(COMM),for a portion of property located at 100 Anchor Drive,Key Largo, Ocean Reef Club,having real estate numbers 00572797-003600 and 00572797-003603; as proposed by Ocean Reef Club 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 June 19, 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 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