Ordinance 021-2019 4oE 1
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NOA21-2019
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
12 DISTRICT (ZONING) MAP FROM NATIVE AREA (NA), PARKS AND
13 REFUGE (PR) AND SUBURBAN COMMERCIAL (SC) TO COMMERCIAL 1
14 (C1), FOR A PORTION OF PROPERTY LOCATED AT 100 ANCHOR DRIVE,
15 KEY LARGO, OCEAN REEF CLUB, HAVING REAL ESTATE NUMBERS
16 00572797-003600 AND 00572797-003603; AS PROPOSED BY OCEAN REEF
17 CLUB INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
18 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
19 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
20 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT
21 (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24
25 WHEREAS, on April 11, 2018, the Planning and Environmental Resources Department
26 received an application from the Ocean Reef Club Inc. (the "Applicant") to amend the Land Use
27 District (Zoning) Map from Native Area (NA), Parks and Refuge (PR) and Suburban Commercial
28 (SC) to Commercial 1 (C1) for property located at 100 Anchor Drive, Key Largo; and
29
30 WHEREAS,the Applicant has also requested a corresponding Future Land Map (FLUM)
31 amendment for the subject property from Mixed Use / Commercial (MC), Recreation (R) and
32 Conservation (C) to Commercial (COMM); and
33
34 WHEREAS, in accordance with Land Development Code Section 102-159(a), the
35 Applicant held a community meeting regarding the proposed amendments on September 5, 2018;
36 and
37
38 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
39 proposed amendment at a regularly scheduled meeting held on December 11, 2018; and
40
41 WHEREAS, at a regularly scheduled meeting held on December 12, 2018, the Monroe
42 County Planning Commission held a public hearing for the purpose of considering the proposed
43 amendment to the Land Use District (Zoning) Map, as well as the corresponding FLUM
44 amendment, and provided for public comment; and
Ordinance 021 -2019
File No. 2018-076 Page 1 of 4
1 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P39-18
2 recommending to the Monroe County Board of County Commissioners (BOCC) approval of the
3 proposed amendment; and
4
5 WHEREAS, at a regular meeting held on the 19th day of June, 2019, the BOCC held a
6 public hearing to consider adoption of the proposed Zoning Map amendment, considered the staff
7 report and provided for public comment and public participation in accordance with the
8 requirements of state law and the procedures adopted for public participation in the planning
9 process;
10
11 WHEREAS, based upon the information and documentation submitted, including in the
12 accompanying staff report, the BOCC makes the following Findings of Fact:
13
14 1. Prior to the 1986 adoption of the County's current land development regulations and
15 their associated land use district maps,the subject property were within the GU(general
16 use) and RU-3 (multiple-family residential) zoning districts; and
17 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for
18 all areas of the unincorporated county, and the subject parcel was given its current
19 zoning designation of Native Area (NA) and Sparsely Settled (SS); and
20 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended
21 to relieve particular hardships, nor to confer special privileges or rights on any person,
22 nor to permit an adverse change in community character, analyzed in the Monroe
23 County Comprehensive Plan, but only to make necessary adjustments in light of
24 changed conditions or incorrect assumptions or determinations as determined by the
25 findings of the BOCC; and
26 4. MCC §102-158(d)(7)b. provides that one or more of the following criteria must be met
27 for a map amendment:
28 a. Changed projections (e.g., regarding public service needs) from those on which the
29 text or boundary was based;
30 b. Changed assumptions (e.g., regarding demographic trends);
31 c. Data errors, including errors in mapping, vegetative types and natural features
32 described in volume I of the plan [the Comprehensive Plan];
33 d. New issues;
34 e. Recognition of a need for additional detail or comprehensiveness; or
35 f. Data updates; and
36 5. Map amendments to the Monroe County Land Use District Map shall not be
37 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
38 Critical State Concern; and
40 WHEREAS,based upon the information and documentation submitted, the BOCC makes
tthe following Conclusions of Law:
43 1. The proposed map amendment is consistent with the provisions of the Monroe County
44 Code:
•
Ordinance 021 -2019
File No. 2018-076 Page 2 of 4
•
1 a. As required by MCC§102-158,the map amendment does not relieve particular
2 hardships, nor confer special privileges or rights on any person, nor permit an
3 adverse change in community character, as analyzed in the Monroe County
. 4 Year 2030 Comprehensive Plan;
5 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
6 data errors, new issues and recognition of a need for additional detail or
7 comprehensiveness; and
8 2. The proposed map amendment is consistent with the provisions and intent of the
9 Monroe County Year 2030 Comprehensive Plan:
10 a. The Commercial 1 (C1) Land Use (Zoning) District corresponds with the
11 Commercial (COMM) Future Land Use Map designation and is consistent
12 with the respective density and intensity standards as set forth in Policy
13 101.5.25;
14 b. The Commercial 1 (C1) Land Use (Zoning) District is consistent with the
15 purpose of the Commercial(COMM)Future Land Use Map designation, as set
16 forth in Policy 101.5.8;
17 c. The proposed amendment is not inconsistent with the Key Largo Livable
18 CommuniKeys Plan; and
19 3. The proposed map amendment is not inconsistent with the Principles for Guiding
20 Development in the Florida Keys Area of Critical State Concern;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows:
26
27 A portion of the property located at 100 Anchor Drive, Key Largo having Parcel
28 ID numbers 00572797-003600 and 00572797-003603 is changed from Native Area
29 (NA), Park and Refuge (PR) and Suburban Commercial (SC) to Commercial 1
30 (C1), as shown on Exhibit 1, attached hereto and incorporated herein.
31
32 This Land Use District (Zoning) map amendment is contingent on adoption and
33 effectiveness of the corresponding FLUM amendment from Recreation (R),Mixed
34 Use/Commercial (MC) and Conservation (C) to Commercial (COMM).
35
36 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
37 provision of this ordinance is held invalid, the remainder of this ordinance shall not
38 be affected by such validity.
39
40 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
41 conflict with this ordinance are hereby repealed to the extent of said conflict.
42
Ordinance 021 -2019
File No. 2018-076 Page 3 of 4
1 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
2 Secretary of the State of Florida and shall become effective as provided by law.
3
4 Section 5. Inclusion on the Monroe County Code's Official Land Use District Map. The
5 provisions of this Ordinance shall be included and incorporated on to the Official
6 Land Use District Map of Monroe County.
7
8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
9 at a regular meeting held on the 19 th day of June , 2019.
10
11 Mayor Sylvia Murphy, District 5 Yes
12 Mayor Pro Tern Danny L. Kolhage, District 1 Yes
13 Commissioner Michelle Coldiron, District 2 Yes
14 Commissioner Heather Carruthers, District 3 Yes
15 Commissioner David Rice, District 4 Yes
16
17 ,, ,t-s'-( " BOARD OF COUNTY COMMISSIONERS
18 ' ,, ';: ::MONROORDA
22 ri -",r� Mayo ylvia Murphy
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23 t`
24
25 ATTEST: KEVIN MADOK, CLERK
26 gL.sev,..44,27
28 DEPUTY CLERK MO ROE COUNTY ATTORNEY
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Ordinance 021-2019
File No. 2018-076 Page 4 of 4
Exhibit 1 to Ordinance# 021 -2019
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The Monroe County Land Use District is amended
as indicated above.
Land Use District change of a portion of two parcels of land in Ocean Reef having Real Estate Numbers 00572797-003600 and
00572797-003603 from Native Area(NA), Park and Refuge(PR)and Suburban Commercial(SC)
to Commercial 1 (C1) N
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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
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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,,.«..
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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. 021-2019, 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
4VZ GOugt4C1.�1�
���5JVM CUpUE�V`1,/� Kevin Madok, CPA
'#,;o••...... •'�.= 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. 021-2019 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.
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