Ordinance 028-2019 ORDINANCE028-2019
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY TIER
OVERLAY DISTRICT MAP FROM TIER I TO TIER III AS REQUESTED
BY LOPEZ ROBERTO AND MARGO REV. TRUST FOR A PARCEL OF
VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 15 KEY
HAVEN ESTATES, SIXTH EDITION, RACCOON KEY PLAT BOOK 5
PAGE 18, RACCOON KEY, HAVING REAL ESTATE NO. 00136970-
000000; AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES; 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 TIER OVERLAY DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lopez Roberto and Margo Rev. Trust requested that the current Tier Map
Overlay designation for property identified as Real Estate Number 00136970-000000 be amended
from Tier Ito Tier III; and
WHEREAS, parcel number 00136970-000000 is located at Vacant Land, Bougainvillea
Drive, Key Haven and is legally described as Block 3 Lot 15 Key Haven Estates, Sixth Edition,
Raccoon Key Plat Book 5 Page 18, Key Haven; and
WHEREAS, at a regularly scheduled meeting held on the 24`11 day of April 2019, the
Monroe County Planning Commission held a public hearing for the review and comment of the
subject proposed amendment to the Monroe County Tier Overlay District Map; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
1. §102-158(a) of the Monroe County Code maintains that map amendments (including the
land use district maps) are not intended to relieve particular hardships, nor to confer
special privileges or rights on any person, nor to permit a change in community character,
as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions; and
File 2018-238
2. Pursuant to §102-158(d)(7)(b) of the Monroe County Code, the Monroe County Board of
County Commissioners may consider the adoption of an ordinance enacting the proposed
change based on one (1) or more of the following factors: (1) Changed projections (e.g.,
regarding public service needs) from those on which the text or boundary was based; (2)
Changed assumptions (e.g., regarding demographic trends); (3) Data errors, including
errors in mapping,vegetative types and natural features described in volume 1 of the plan;
(4) New issues; (5) Recognition of a need for additional detail or comprehensiveness; (6)
Data updates; and (7) consistency with the Comprehensive Plan and the Principles for
Guiding Development as defined in Section 380.0552, Florida Statutes
3. Staff has determined that the proposed Tier map amendment is consistent with MCC
Sec. 102-158(d)(7)(b)(6) Data updates;
4. The proposed map amendment is consistent with the Principles for Guiding Development
and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
5.The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; and
WHEREAS, at a regular meeting held on the 17h day of July, 2019, the Monroe County
Board of County Commissioners held a public hearing to consider the adoption 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;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein; and
Section 2. Parcel Number 00136970-000000, which currently is designated as Tier I, is
recommended to be designated Tier III as shown on the attached map, which is
hereby incorporated by reference and attached as Exhibit 1,
Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid,the remainder of this ordinance shall not
be affected by such validity.
Section 4. Inconsistency, Partial Invalidity, Severability,and Survival of Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
File 2018-238
Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until approved by
the State Land Planning Agency and, if appealed, until the appeal is resolved
pursuant to Chapter 120 of the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 17th day of July, 2019.
Mayor Sylvia Murphy, District 5 Yes
Mayor Pro Tem Danny L. Kolhage, District 1 Yes
Commissioner Michelle Coldiron, District 2 Yes
Commissioner Heather Carruthers, District 3 Yes
Commissioner David Rice, District 4 Yes
'rJ -w,tit BOARD OF COUNTY COMMISSIONERS
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Mayor fylvia Murphy
ATTEST: KEVIN MADOK, CLERK
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DEPUTY LERK ;A;
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ASSISTAMY t~ TT01tNET
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File 2018-238
' Exhibit 1
Tier Overlay District
Tier Ito Tier III
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Ordinance 028-2019
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KEY' WEST
ILN4 ITIZEN
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: 301032.,.;.,
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [Iegal.teXt]
B f e e undersigned a ority personally appeared
,who on oath says that he or she is
of the Key West Citizen, a daily
newspaper published' Key W , 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 30,2019
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 id wspape.
(Signature of Affiant)
A m d d su sc' d before me this 30th day of June 2019
( of ublic atu e)
(Notary P blic Printed Name) (Notary Seal)
My commission expires 6'.27p2�
Personally Known X Produced Identification
•
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Type of Identification Produced •• •� Sta
y, .
=COMMISSION#GG2 280
EXPIRES:
,,-'; � %%% June27,2022
Bonded nuts Aaron Notary
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
July 17, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, July 19, 2019, the Monroe County Board of County
Commissioners will hold a Public Meeting at the Marathon Government Center,2798 Overseas Highway,
Marathon,Monroe County,Florida,to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 139-1, AFFORDABLE AND EMPLOYEE
HOUSING; ADMINISTRATION, TO SPECIFY THAT WHEN CALCULATING DENSITY, AFFORDABLE
HOUSING DENSITY SHALL BE EXCLUDED FROM CALCULATIONS OF CUMULATIVE HOTEL/MOTEL
DENSITY ON A PARCEL(OPERATING AS A DENSITY BONUS FOR THE DEVELOPMENT OF AFFORDABLE/
' EMPLOYEE HOUSING ON PROPERTIES WITH A HOTEL/MOTEL); AS PROPOSED BY LONGSTOCK
II, 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 INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE
DATE. (File 2017-075)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 15,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136970-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
TRUST; PROVIDINir FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
I STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE,(FILE 2018-238)See Map 1 below:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 16,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136980-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
" TRUST; 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.TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2018-238)See Map 2 below:
Map 1 Map 2 ,
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AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 010-2017 AND EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018, FOR AN
ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW APPLICATIONS FOR
THE ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING FACILITIES
COMMENCING OCTOBER 27, 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA
TREATMENT CENTERS DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF
THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-061)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 012-2017,AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT
BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS,
DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
HOUSING DWELLING UNITS),WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR
"TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM"OF A DWELLING UNIT,
AND APPLICATIONS UTILIZING THE TERM"LOCK-OUT,"COMMENCING OCTOBER 27,2019,UNTIL THE
BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE REGARDING THE DEFINITIONS OF DWELLING UNIT;HOUSEHOLD;FAMILY AND THE UNDEFINED
TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(File 2019-081)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011-2017,AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139-2(AFFORDABLE
HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO
ANOTHER LOCATION, OR SECTION 138-22(B) TO TRANSFER OFF-SITE MARKET RATE UNITS TO
ANOTHER LOCATION, COMMENCING OCTOBER 27,2019, UNTIL THE LAND DEVELOPMENT CODE
IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER
III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR
THE URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE SAME ROGO
PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS
AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT;EXCEPT TO ALLOW NEW
APPLICATIONS,OR RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED, PURSUANT
TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY CODE SECTION 139-2 (AFFORDABLE
HOUSING INCENTIVE PROGRAM) OR SECTION 138-22(B) (TRANSFER OF ROGO EXEMPTIONS) TO
TRANSFER MARKET RATE ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION(IS)OR URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE
SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT; AS RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION
WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN
THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST;
PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-082)
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 29,2019 Key West Citizen
cowg4�11
' 00,, Kevin Madok, CPA
:
; ,ww . ;
°\I " Clerk of the Circuit Court& Comptroller— Monroe County,p Florida
July 24, 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.028-2019 amending the Monroe County Tier
Overlay District Map from Tier Ito Tier III as requested by Lopez Roberto and Margo Rev.Trust for a
parcel of vacant land legally described as Block 3 Lot 15 Key Haven Estates, Sixth Edition,Raccoon Key
Plat Book 5 Page 18,Raccoon Key, having real estate no. 00136970-000000; as proposed by the Monroe
County Department of Planning and Environmental Resources; 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 tier overlay district 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 July 17, 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
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 24, 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. 028-2019, which was filed in this office on
July 24, 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