Resolution 260-2019 2
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6
S MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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10 RESOLUTION NO. 2 0 - T
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1.r A RESOLUTION :E MONROE COUNTY BOARD RD O
1,3 COUNTY COMMISSIONERS TRANSMITTING THE STATE
14 LAND PLANNING AGENCY AN ORDINANCE BY ]'HE MONROE
13 COUNTY BOARD D OF COUNTY COMMISSIONERS AMEN I G
16 MONROE COUNT,. YEAR 2030 COMPREHENSIVE PLAN,
17 POLICY 101. . T MAXIMUM EIS,<'EGI-I"E WITHIN CE REEF,
18 GATED MASTER PLANNED COMMUNITY, 'I`I.I INC""LIJDE,
19 ADDITIONAL L IC G(JAGIE;+ TO ALLOW STRUCTURES WITHIN
0 OCEAN EEF" TO EXCEED THE MAXIMUM HEIGHT LIMIT,
21 UPON EVIDENCE E71I IT T'ED THAT THE HEIGHTHAS BEEN
22 APPROVEDTHE OCEAN REEF COMMUNITY
3 ASSOCIATION, INC:. ("MASTER ASSOCIATION"), AS
24 PROPOSED BY smiTHAIAWKS, P , ON BEHALF CITE, OCEAN
e
3 REEF CLUB, IN(,".; PROVIDING FOR E 'ETI . ILITY;
2,6 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
27 PROVIDING FOR TRANSMITTAL, TO SHE STATE LAN
S PLANNING AGENCY AND THE SECRETARY ETA OF 'TAT
29 PROVIDING FOR INCLUSION LU IO IN THE MONROE YEAR, 2030
30 COMPREHENSIVE PLAN; PROVIDING FOR EFFECTIVE
I$
31 DATE. (File # T -EI )
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33
34 WIIEREAS, the Monroe County Board of County Commissioners conducted a public
35 hearing for the purpose Of considering the transmittal pursuant to (lie State,- C:;oordinauted Review
36 princess in Sec. 1.63.31 S4(4), F.S,, to the State Land Planning Agency for objections,.
37 recornmendartions and comments, and to the other Reviewing ,agencies as defined in Sec.
38 163.3 i84(l)(c), F.S,„ for review and comment on a proposed amendment to the Monroe County
39 Year, 0C 30 Comprehensive Plan as described above; and
40
41, WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
42 County Commissioners support the requested test amendment;
43
44 NOW THEREFORE, BE IT RESOLVED LVE ' THE E HOARD OF COUNTY
45, COMMISSIONERS OF MONROE COUNTY,N T Y, FLORIDA:
46
File 019-02
1 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
2 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
3 adoption of the proposed text amendment.
4
5 Section 2. The Board of County Commissioners does hereby transmit the proposed
6 amendment to the State Land Planning Agency for review and comment in
7 accordance with the State Coordinated Review process pursuant to Section
8 . 163.3184(4), Florida Statutes.
9
10 Section 3. The Monroe County staff is given authority to prepare and submit the required
11 transmittal letter and supporting documents for the proposed amendment in
12 accordance with the requirements of Section 163.3184(4), Florida Statutes.
13
14 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
15 resolution to the Director of Planning.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the 18th day of September , 2019. .
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20
21 . , ...,4 Mayor Sylvia Murphy, District 5 Yes
:.
22rx .. •• �' Mayor Pro Tern,Danny L. Kolhage,District.1 Yes
A::› cA i-=ti
23v c.f=-- Commissioner Michelle Coldiron, District 2 Yes
24 `Q Commissioner Heather Carruthers, District 3. Yes
25Q c Commissioner David Rice, District 4 Yes
2&_. i1.J
4.1 CD
;4•- 0 , BOARD OF COUNTY COMMISSIONERS
"4" , OF MONROE`e UN LORIDA
`';, /;/ BY
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.,„ ,,,
�� May •Syl is Murphy
34
r
35 ...o".. -"
36 ATTEST: KEV MADOK, CLERK
37
C?38 bM GOUlO ATTOl�flElf
39 DEPUTY CLERK 4Mkt
%"'C( ""
40 STfil i T.WILLIAMS
41 A&S$TAAl7 W'1Y AiTCi** V
42 Doleto c�17i( q
Resolution No. 260-19 Page 2 of 2
File#2019-023
Exhibit A
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO. -2019
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030
13 COMPREHENSIVE PLAN, POLICY 101.5.31 MAXIMUM HEIGHT
14 WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
15 TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES
16 WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
17 UPON EVIDENCE SUBMITTED THAT THE HEIGHT HAS BEEN
18 APPROVED BY THE OCEAN REEF COMMUNITY ASSOCIATION, INC.
19 ("MASTER ASSOCIATION"), AS PROPOSED BY SMITH/HAWKS, PL
20 ON BEHALF OF OCEAN REEF CLUB, INC.; PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
24 FOR INCLUSION IN THE MONROE YEAR 2030 COMPREHENSIVE
25 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File #2019-023)
26
27
28 WHEREAS, on February 19, 2019, the Planning and Environmental Resources
29 Department received an application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc.
30 and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
31 Year 2030 Comprehensive Plan, Policy 101.5.31 to amend the Policy to allow structures within
32 Ocean Reef to exceed the maximum height limit up to a maximum of eighty (80) feet, upon
33 evidence submitted by the Ocean Reef Community Association, Inc. ("Master Association") that
34 a variance to height has been approved by the Master Association based on criteria established for
35 a variance by the Master Association; and
36
37 WHEREAS, the adopted Comprehensive Plan Policy 101.5.31 provides a height
38 exception to the Ocean Reef master planned community for non-habitable architectural decorative
39 features to exceed the 35-foot height limit in Policy 101.5.30, provided the building together with
40 any architectural decorative feature does not exceed 40 feet; and
41
42 WHEREAS,the Ocean Reef master planned community is a 100+ acre community which
43 is inaccessible to the surrounding community and has a distinct community character which has
44 additional regulations and is monitored and maintained by their homeowners association or similar
45 entity; and
46
Ordinance No. -19 Page 1 of 5
File#2019-023
I WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
2 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
3 amendments, and it was determined that the proposed amendment would not have a County-wide
4 impact and a Community Meeting would not be required in accordance with LDC Section 102-
5 159(b); and
6
7 WHEREAS,the Monroe County Development Review Committee(DRC)considered and
8 reviewed the proposed amendment at a regularly scheduled meeting held on the 25th day of June,
9 2019; and
10
11 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
12 County Year 2030 Comprehensive Plan, Policy 101.5.31 to allow maximum height within Ocean
13 Reef, a gated master planned community,to include additional language to allow structures within
14 ocean reef to exceed the maximum height limit, upon evidence submitted to and a height variance
15 approved by the Master Association established; and
16
17 WHEREAS, based upon the information and documentation submitted, the Development
18 Review Committee Chair found:
19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
20 Monroe County Year 2030 Comprehensive Plan;
21 2. The proposed amendment is consistent with the Principles for Guiding Development
22 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
23 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
24
25 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
26 2019, for review and recommendation on the proposed amendment and reccomended approval
27 with changes; and
28
29 WHEREAS, the Monroe County Planning Commission recommended approval to the
30 proposed amendment with changes, as follows:
31
32 Within Ocean Reef, lawfully established existing multifamily, transient and
33 nonresidential buildings which exceed the 35 foot height limit may be repaired,
34 improved, redeveloped and/or elevated to not exceed a total maximum building
35 height of 60 feet. The existing buildings are limited to the existing lawfully
36 established number of habitable floors.
37
38 WHEREAS, the Planning Commission was presented with the following documents and
39 other information relevant to the request, which by reference is hereby incorporated as part of the
40 record of said hearing:
41 1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
42 2. Sworn testimony of Monroe County Planning&Environmental Resources Department
43 staff, and
44 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
45 Planning Commission Counsel; and
46
Ordinance No. -19 Page 2 of 5
File#2019-023
I WHEREAS, based upon the information and documentation submitted, the Planning
2 Commission made the following Findings of Fact and Conclusions of Law:
3 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
4 Monroe County Year 2030 Comprehensive Plan; and
5 2. The proposed amendment is consistent with the Principles for Guiding Development
6 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
7 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
8
9 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P27-19
10 recommending approval of the proposed amendment; and
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12 WHEREAS, the Applicant submitted additional data and analysis and amended language
13 on August 13, 2019, to the Planning Commission's recommended changes to Comprehensive Plan
14 Policy 101.5.31 as follows:
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16 Within Ocean Reef, multifamily, transient and nonresidential buildings developed
17 or redeveloped may not exceed a total maximum building height of 60 feet.
18 Buildings are limited to four habitable floors.
19
20 WHEREAS, at a regular meeting held on the 18th day of September 2019, the Monroe
21 County Board of County Commissioners held a public hearing to consider the transmittal of the
22 proposed text amendment, considered the staff report and provided for public comment and public
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process; and
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26 WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution
27 -2019, transmittal of the proposed text amendment to the State Land
28 Planning Agency; and
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30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recommendations and Comments (ORC) report, received by the County on
32 ; and
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34 WHEREAS,the ORC report ; and
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36 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
37 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
38
39 WHEREAS, at a regularly scheduled meeting on the day of , 20 , the BOCC
40 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
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42
43
44 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
45 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
46
Ordinance No. -19 Page 3 of 5
File#2019-023
I Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
2 as follows (Deletions are shown stricken through; additions are shown underlined):
3
4 Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible
5 to the surrounding community, and has a distinct community character, buildings may
6 include non-habitable architectural decorative features (such as finials, railings, widow's
7 walk,parapets)that exceed the 3 5-foot height limit in Policy 101.5.30,but such features shall
8 not exceed 5 feet above the building's roof-line. This exception shall not result in a building
9 together with any architectural decorative feature with a height that would exceed 40 feet.
10
11 In addition, within the Ocean Reef gated master planned community, upon evidence
12 submitted that the proposed building height has been approved by the master association,
13 buildings containing multifamily residential, transient, and/or nonresidential uses may be
14 developed or redeveloped to a total maximum building height of 60 feet, provided the
15 buildings are limited to four(4) habitable floors.
16
17 As used in this policy, a master planned community means a planned community of 100 or
18 more acres in area subject to a master plan or other development order approved by the
19 county where public access is restricted and the community is operated and maintained by
20 the community including the provision of comprehensive, private utilities and transportation
21 facilities and services within its boundaries and a homeowners association or similar entity
22 which regulates development standards and monitors development requests by its members.
23
24 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
25 provision of this ordinance is held invalid, the remainder of this ordinance shall not
26 be affected by such validity.
27
28 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
29 conflict with this ordinance are hereby repealed to the extent of said conflict.
30
31 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
32 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
33
34 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
35 Secretary of the State of Florida but shall not become effective until a notice is
36 issued by the State Land Planning Agency or Administration Commission finding
37 the amendment in compliance with Chapter 163, Florida Statutes and after any
38 applicable challenges have been resolved.
39
40 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
41 in the Monroe County Comprehensive Plan. The numbering of the foregoing
42 amendment may be renumbered to conform to the numbering in the Monroe County
43 Comprehensive Plan.
44
45
Ordinance No. -19 Page 4 of 5
File#2019-023
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of 20
3
4 Mayor Sylvia Murphy
5 Mayor Pro Tem Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron
8 Commissioner David Rice
9
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
13 BY
14 MAYOR SYLVIA MURPHY
15 (SEAL)
16
17 ATTEST: KEVIN MADOK, CLERK
18
19
20 DEPUTY CLERK
21
Ordinance No. -19 Page 5 of 5
File#2019-023
•
KEYWEST
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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.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 309598
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal.text]
Befire t e un rsigned authority personally appeared
V`_� ,who on oath says that he or she is
an\ evylv wi of the Key West Citizen, a daily
newspaper publi hed in y 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,September 1,2019
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 e said per.
igna ure of Affian)
A ed d su c'bed before me thisyd day of September 2019
///1
(Nota ublic Signature
(Notary blic Printed Name) (Notary Seal) Age'trot Suelynn Stamper
My commission expires .29— - .34• , ' •x-COMMISSION S GG232802
�,,; , EXPIRES:June 27,2022
,,,,,,mo'�� Boinded lbw Aaron Notary
Personally Known X Produced Identification_
Type of Identification Produced
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE
COUNTY TIER OVERLAY DISTRICT MAP
September 18, 2019
NOTICE IS HEREBY GIVEN that on Wednesday. September 18. 2019, the Monroe County
Board of County Commissioners will hold a Public Meeting at the Murray E.Nelson Government
Center,102050 Overseas Highway,Key Largo,FL 33037 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 POLICY 101.3.2 OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; 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 2019-043)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.31, MAXIMUM
HEIGHT WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY, TO ALLOW FOR
A MAXIMUM HEIGHT OF 80 FEET WHEN A VARIANCE TO HEIGHT HAS BEEN APPROVED
BY THE MASTER ASSOCIATION, AS PROPOSED BY SMITH HAWKS PL; 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 2019-023)
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 OLD STATE ROAD 4A AND ALL OF THE RIGHT-OF-WAY OF LOOP ROAD LYING WITHIN
SECTION 31, TOWNSHIP 66 SOUTH, RANGE 28 EAST, GOVERNMENT LOT 6; SECTION
6 TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 3,2, AND 7; SECTION 7
TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 2 AND 4; SECTION 12,
TOWNSHIP 67 SOUTH, RANGE 27 EAST, GOVERNMENT LOTS 6 AND 7; ALSO A 50 FOOT
STRIP KNOWN AS LOOP ROAD, LYING IN SUGARLOAF KEY , SECTION 12, TOWNSHIP 67
SOUTH. RANGE 27 EAST,GOVERNMENT LOTS 1,2,3, 5,AND 7;SECTION 11,TOWNSHIP 67
SOUTH,RANGE 27 EAST.(FILE#2019-119)
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."
August 31,2019 Key West Citizen