Item O50.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers, District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron, District 2
�pw° Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: 0.5
Agenda Item Summary #6313
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
1:30 PM
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending
Monroe County Year 2030 Comprehensive Plan, Policy 101.5.31 maximum height within Ocean
Reef, a gated master planned community, to include additional language to allow structures within
Ocean Reef to exceed the maximum height limit, not to exceed 60 feet, upon evidence submitted that
the height has been approved by the Ocean Reef Community Association, Inc. ("Master
Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
ITEM BACKGROUND:
On February 19, 2019, the Planning and Environmental Resources Department received an
application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef Community
Association, Inc., (the "Applicant") to amend Comprehensive Plan, Policy 101.5.31, maximum
height for Ocean Reef, to include additional language that would allow buildings within Ocean Reef
to exceed the maximum height limit.
The applicant's original request was to allow buildings within Ocean Reef to be developed up to a
maximum of eighty (80) feet, upon evidence submitted by the Ocean Reef Community Association,
Inc. ("Master Association") that a variance to height has been approved by the Master Association
based on criteria established for a variance by the Master Association.
At a regular meeting held on June 25, 2019, the Development Review Committee (DRC) considered
the proposed Comprehensive Plan text amendment and corresponding Land Development Code text
amendment, and provided for public comment.
At a regular scheduled Planning Commission meeting held on July 31, 2019, the Planning
Commission considered the proposed Comprehensive Plan text amendment and corresponding Land
Development Code text amendment, and provided for public comment.
The Planning Commission adopted Resolution No. P27-19 recommending approval of the proposed
amendment with the following changes:
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Within Ocean Reef, lawfully established existing multifamily, transient and
nonresidential buildings which exceed the 35 foot height limit may be repaired,
improved, redeveloped and/or elevated to not exceed a total maximum building height
of 60 feet. The existing buildings are limited to the existing lawfully established
number of habitable floors.
In summary, the PC recommended the maximum height within Ocean Reef be capped at 60 feet and
only apply to lawfully established existing buildings with multifamily residential uses (attached
condominiums, apartments, etc.), transient units (hotels), and nonresidential floor area (commercial)
structures that had been lawfully established at a height greater than 35 feet. The PC did not
recommend an increase in height for single family residences. Additionally, if structures were rebuilt
or repaired, the PC recommended not exceeding the previous number of lawfully established
habitable floors.
On August 13, 2019, the Applicant provided additional data and proposed revised language in
response to the Planning Commission's recommended language. In summary, the Applicant
complied with the PC's recommendation to a maximum height of 60 feet only for multifamily,
transient and nonresidential buildings. The height exception would not apply to single family
residences. The Applicant's amended language includes the allowance for both new development
and redevelopment for the three uses/building types and limits the total number of habitable floors to
four (4).
Within Ocean Reef, multifamily, transient and nonresidential buildings developed or
redeveloped may not exceed a total maximum building height of 60 feet. Buildings are
limited to four habitable floors.
On September 18, 2019, the BOCC held a public hearing and adopted Resolution 260-2019
transmitting to the State Land Planning Agency (Department of Economic Opportunity, DEO) the
proposed amendment to the Monroe County Comprehensive Plan. At the hearing, the applicant
requested that the existing exception for decorative features be maintained for structures of all
types/uses, and minor edits to the wording regarding approval by the master association.
The amendment language approved by Resolution 260-2019 for transmittal to DEO was consistent
with the currently proposed amendment language, as follows:
PROPOSED COMPREHENSIVE PLAN AMENDMENT:
Policy 101.5.31
For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may include
non -habitable architectural decorative features (such as finials, railings, widow's walk,
parapets) that exceed the 35-foot height limit in Policy 101.5.30, but such features shall
not exceed 5 feet above the building's roof -line. This exception shall not result in a
building together with any architectural decorative feature with a height that would
exceed 40 feet.
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In addition, within the Ocean Reef gated master planned community, upon evidence
submitted that the proposed building height has been approved by the master association,
buildings containing multifamily residential, transient, and/or nonresidential uses may be
developed or redeveloped to a total maximum building height of 60 feet, provided the
buildings are limited to four (4) habitable floors.
As used in this policy, a master planned community means a planned community of 100
or more acres in area subject to a master plan or other development order approved by the
county where public access is restricted and the community is operated and maintained
by the community including the provision of comprehensive, private utilities and
transportation facilities and services within its boundaries and a homeowners association
or similar entity which regulates development standards and monitors development
requests by its members.
In unincorporated Monroe County, height and grade are defined as follows:
Height means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding the following: spires and/or steeples on structures used for
institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in the Land Development Code. However, in no
event shall any of the exclusions enumerated in this definition be construed to permit any habitable
or usable space to exceed the maximum height limitation. In the case of airport districts, the height
limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply.
Grade means the highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
structure, whichever is higher.
Under the proposed amendment, it would mean the highest part of a structure with multifamily
residential uses, transient units and/or nonresidential floor area within Ocean Reef could be 60 ft
(inclusive of parking and habitable floors and architectural decorative features).
At the time of this agenda item submittal DEO is still reviewing the proposed amendment and has
not issued an Objections, Recommendations and Comments (ORC) report. The ORC report is due
from DEO on or before December 10, 2019, prior to the BOCC public hearing. Cheryl Cioffari,
Assistant Director of Planning, has spoken with DEO staff, and no objections, recommendations, or
comments are anticipated. Once the ORC report is received, the County has 180 days from the date
of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not
adopt the amendment.
PREVIOUS RELEVANT BOCC ACTION:
On September 27, 2017 the BOCC adopted Ordinance No. 016-2017 amending Comprehensive Plan
Policy 101.5.31, and Ordinance No. 017-2017 amending LDC Section 131-2, to allow non -habitable
architectural decorative features (such as finials, railings, widow's walk, parapets) to exceed the 35-
foot height limit by up to 5 feet.
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On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing and
adopted Resolution 260-2019 transmitting to DEO the proposed text amendment described above.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Staff recommends approval, contingent on receipt of an ORC
report from DEO with no objections, recommendations for changes, or comments.
DOCUMENTATION:
Staff Report Ocean Reef Height Comp Plan Amendment
Ordinance_ Ocean Reef Height Comp Plan Amendment
Exhibit provided by Applicant of existing Ocean Reef structures currently exceeding 35 feet
Potential locations within Ocean Reef that could utilize the height limit of 60ft
Resolution 260-2019
2019-023 FILE
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
If yes, amount:
Emily Schemper Completed
Assistant County Administrator Christine Hurley
11/24/2019 11:23 AM
Steve Williams Completed
11/22/2019 5:04 PM
Completed
11/25/2019 11:53 AM
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Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Pending
11/25/2019 12:40 PM
11/25/2019 3:14 PM
11/25/2019 3:18 PM
12/11/2019 9:00 AM
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Planning Commission
Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
Resources
From: R. Jay Berenzweig, AICP, CFM, Principal Planner
Date: November 21, 2019
Subject: A public hearing to consider an ordinance amending Monroe County Year 2030
Comprehensive Plan, Policy 101.5.31 Maximum height within Ocean Reef, a gated
master planned community, to include additional language to allow structures within
Ocean Reef to exceed the maximum height limit, upon evidence submitted to and a height
variance approved by the Ocean Reef Community Association, Inc. ("Master
Association"). (File 42019-023)
Meeting: December 11, 2019
I. REQUEST
On February 19, 2019, the Planning and Environmental Resources Department received an
application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef Community
Association, Inc., (the "Applicant") to amend the Monroe County Year 2030 Comprehensive Plan,
Policy 101.5.31 to amend the Policy to allow structures within Ocean Reef to exceed the maximum
height limit up to a maximum of eighty (80) feet, upon evidence submitted by the Ocean Reef
Community Association, Inc. ("Master Association") that a variance to height has been approved
by the Master Association based on criteria established for a variance by the Master Association.
The Applicant subsequently amended the requested Comprehensive Plan Policy on August 13,
2019 after the Planning Commission's recommendation of approval with changes (discussed in
detail under background information — Section II). The Applicant's amendment limited the height
exceedance allowance pursuant to Compressive Plan Policy 101.5.31 to apply to only multifamily,
transient and nonresidential uses/buildings, newly developed or redeveloped, not to exceed a total
maximum building height of 60 feet and limiting the buildings to four (4) habitable floors.
The Applicant is requesting a text amendment to the Comprehensive Plan as detailed above and
provided the following reasoning in the application materials: "Currently, the internal Ocean Reef
Community Association Building Regulations and Restrictions (`Rules and Restrictions') are more
stringent than those of the County and this internal variance procedure would permit Ocean Reef
to maintain its distinct community character, regulate development standards, and monitor
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development requests by its members without the need of duly burdensome County approval.
Further, this Amendment does not affect the aesthetic or design of any other areas within the
County... The Amendment will not change the function of the Comprehensive Plan in any way but
will allow Ocean Reef to more easily and economically meet Florida Building Code requirements
for structures within the isolated community, while decreasing the burdensome process of requiring
approval from both the County and Ocean Reef... The Amendment applies to the entirety of the
isolated gated community known as Ocean Reef located in Key Largo."
The Applicant cites the following documents / data in the application material:
1. Ocean Reef Community Association (ORCA) Rules and Regulations;
2. Rules and Regulations of the Architectural Review Board (ARC) within Ocean Reef, and
3. "Height Regulation in Residential Districts" by Frederick H. Bair, Jr.
4. Amended revision to Planning Commission's recommendation for height amendment dated
August 13, 2019
The Applicant's full explanation and justification of the proposed amendment is included in the
file for the application (File No. 2019-023).
II. BACKGROUND INFORMATION
In 1977, the Monroe County Zoning Board approved the "overall conception of the Master Plan of
Ocean Reef' as a major development project in accordance with Ordinance No. 21-75. This
approval was memorialized by an unnumbered resolution dated August 25, 1977.
In 1997, the Master Plan for Ocean Reef was vested under Monroe County Board of County
Commissioners ("BOCC") Resolution No. 70-1997. The Master Plan for Ocean Reef was formerly
vested under BOCC Resolution Nos. 478-1988 and 539-1988.
On September 27, 2017 the BOCC passed adopted Ordinance No. 016-2017 that amended
Comprehensive Plan Policy 101.5.31 that allowed Ocean Reef, a gated master planned community
which is inaccessible to the surrounding community, and has a distinct community character, to
allow non -habitable architectural decorative features (such as finials, railings, widow 's walk,
parapets) to exceed the 35 foot height limit in Policy 101.5.30 but such features shall not exceed 5
feet above the building's roof -line. This exception would not result in a building together with any
architectural decorative feature with a height that would exceed 40 feet.
As used in Policy 101.5.31, a master planned community means a planned community of 100 or
more acres in area subject to a master plan or other development order approved by the County
where public access is restricted and the community is operated and maintained by the community
including the provision ofcomprehensive, private utilities and transportation facilities and services
within its boundaries and homeowners association or similar entity which regulates development
standards and monitors development requests by its members.
Concept Meeting and Community Meeting
In accordance with LDC Section 102-158(d)(3), private applicants submitting an application for
an amendment to the text of the Land Development Code or Comprehensive Plan shall participate
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in a concept meeting with the Planning and Environmental Resources Department to discuss the
proposed amendment. The concept meeting shall be scheduled by department staff once the
application is determined to be complete. As part of this concept meeting, planning staff will
identify whether or not the proposed text amendment will have a county -wide impact. A Concept
Meeting for the Comprehensive Plan text amendments was held April 1, 2019. It was determined
that the proposed amendment would not have a County -wide impact and a Community Meeting
would not be required in accordance with LDC Section 102-159(b).
Development Review Committee and Public Input
At a regular meeting held on June 25, 2019, the Development Review Committee (DRC)
considered the proposed Comprehensive Plan text amendment and corresponding Land
Development text amendment and provided for public comment.
Monroe County Planning Commission
At a regular meeting held on July 31, 2019, the Planning Commission recommended approval to
the proposed amendment with changes as follows:
Within Ocean Reef, lawfully established existing multifamily, transient and nonresidential
buildings which exceed the 35 foot height limit may be repaired, improved, redeveloped
and/or elevated to not exceed a total maximum building height of 60 feet. The existing
buildings are limited to the existing lawfully established number of habitable floors.
The Monroe County Planning Commission subsequently adopted Resolution No. P27-19
recommending approval of the proposed amendment with the changes described above.
Previous Relevant BOCC Action
On September 18, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to
consider the transmittal of the proposed text amendment, considered the staff report, and provided
for public comment and public participation in accordance with the requirements of state law and
procedures adoption for public participation in the planning process. The BOCC included an
revision to amendment, as requested by the applicant, to retain the existing height exceptions for
non -habitable architectural decorative features.
The BOCC adopted Resolution 260-2019, transmitting the proposed amendment to the State Land
Planning Agency (DEO) for review and comment.
At the time of the Staff report, the DEO is reviewing the proposed amendment and has not issued
an Objections, Recommendations and Comments (ORC) report to date. Once the ORC report is
received, the County has 180 days from the date of receipt of the ORC to adopt the proposed
amendment, adopt the amendment with changes or not adopt the amendment.
Applicant's Submittal of Additional Data, Analysis and Amended Language
On August 13, 2019, the Applicant submitted additional data, analysis and amended language to
the Planning Commission's recommended changes to Comprehensive Plan Policy 101.5.31 as
follows:
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Within 0(,,ean Reef lrans'iefa aful lnfihjingsaJeve/opej or
rejeve/ope�j InuY not 41 Iola/ Inuxim"Inn, lnfihling heighl oaf (jojeel� Btlihjings' are
flinilel lofinn- hubilablefloor�%
The applicant provided the following data and analysis for the reasoning of the revisions to the text
amendment language:
During the Planning Commission, meezing, it kvas clear that the prinim"Y concem peilained U.)
allowing single family hoones, to, exceed the current height limitations wldch may have beerl
pen,nis8ible under Occa: n Reefs original proposed language. 'Ile Planning Commission"s
=(,ii-nmendation is logjQaland is cmisislau with Oceaii, Reef s, hijilding. regi,iliations and thefetbre
ttijs re accepted.
As tomulb-fiamily, bansient. and nonresidential buildings, Ocean Reel has litstolically allowed
buildings up to, 60, feet with its water tower's flagpole height measuring 90 feet which was the
basts for tlieofi.gmLq.lrequestedmax.miuniheiglito�f 8,0 feet Based ondiscussion with the Planning
Coninussion and staff, Ocean Reef agrees that a reascinable height restricticin based on Ocean
Reef' s historical aesthetics and afchitec,,tunq I design is 60 feet for niulti-family, transient andnon-
residential building 1 1 s However the Planning Commission limited the development to
i-ed,evelopni,entof existing buildings that alf-eadyexceed 35 feetafid to the exact flumbet, of floors
that existed prior to redevelopment.
Ocean Reef balieves that this does not assist in iMpletnenting Ocean Reef's long-temi vision for
development of As inulti-family, transient and tion-mesidential buildings Ocean Reef is currently
ui the design phase for. redevelopment of Ocean Reef s clubhouse. the 0,cean Room, which
cun-ently is one floor, located within" an AE 11 food zone. Ocean Reef desifes to re,develop the
Ocean Room into a two-story clubhouse. which will exceed 35 feet once elevated sigiudicantly
above flood. The current aniendment would not allow this to occur
FiutheT; Ocean Reef Intends to, redevelop of its boat bain to accomniodate modem center console
ve;F els which are longer and have ftma towers- which wilLiequffe the beat barn's height to be
sub�stanfiall-y IfIcreased to at of, near 60, fejet. Ocean Reef has also discussed potentially
ied,eveloping allits hotels into a smigle bUildilig that would require this saine 60-foot height
envelope
These are exernplary of Ocean Reef's current plans and future plans that require the, flexibility and
autonomy to develop at redevelop within a, 60 foot height envelope. Based on the Prior data of
existing buildui_ and this addift0nal. inforuhition. Ocean Reef respectfully requests the
aniendni,ent to read:
"Withui Ocean Reef,, fluiltifamily, transient and nom'esidentia.] buildings developed ort-edeveloped
may not exceed a total inammuni budding height of 60 feet Buddin I itedtofourhabitable gs are un
floors
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III. APPLICANT'S PROPOSED MONROE COUNTY COMPREHENSIVE PLAN TEXT
AMENDMENT
The Applicant's original proposed text, as submitted, is shown as additions in underline and
deletions are stti ke *h,.,,ff .
GOAL 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may ifieltide fieli-
exceed the 35-foot height limit in Policy 101.5.30, bt4 stieh featttt:es shall ret &ieeed 5 feet above
Won evidence submitted by the master
association that a variance to height has been aproved by the master association based on criteria
established for a variance by the master association, but no building may exceed 80 feet.
T.f
The Applicant's revised proposed text amendment:
On August 13, 2019, the Applicant submitted additional data, analysis and amended language to
the Planning Commission's recommended changes as follows:
Within 0(,,ean ,y?ec,/, ��rAlt�������ly , 11p4111w iefat and /nfildin, ,w developed or N"d,'(levd,'lope(l
Ingy not c. r(, d,'ed a lola/ InarilnrAln, Infilding hei,ghl of 60,fid,!eto Ruildings are 1iinited tofinn- hubilable
floora o
The applicant did not specify the location for the insertion of the revised text. The assumption is
the applicant intended the following (see blue text):
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Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to
the surrounding community, and has a distinct community character, buildings may inn
exceed the 35-foot height limit in Policy 101.5.30, bt4 stteh f tttfes shall ret exeeed 5 feet
afehiteetttfai--deeefative e-atttfe;t a height VI;,ottidexEeed 40 upon evidence
submitted by the master association that a variance to height has been approved by the master
association based on criteria established for a variance by the master association. Withiti Qc,,(.,aD
xc,,((d a total rriaxrrra.irri bt,ifld ti �_��� � ��rro: ��h fr(� h� � � ffiJildit ,, are �ru�urro� �� ro;� fot.ir irabitabl(
f o-ors-,
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On September 18, 2019, at the BOCC's transmittal hearing, the applicant requested that the existing
language regarding decorative features be maintained in the policy for residential buildings. The
resulting amendment language, approved for transmittal to DEO by BOCC Resolution 260-2019,
was as follows:
Policy 101.5.31
For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
community, and has a distinct community character, buildings may include non -habitable
architectural decorative features (such as finials, railings, widow's walk, parapets)that exceed
the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
building's roof -line. This exception shall not result in a building together with any
architectural decorative feature with a height that would exceed 40 feet.
In addition. within the Ocean Reef izated master Dlanned community upon evidence
submitted that the proposed building height has been approved by the master association,
buildings containing multifamily residential, transient, and/or nonresidential uses may be
developed or redeveloped to a total maximum building height of 60 feet, provided the
buildings are limited to four (4) habitable floors.
As used in this policy, a master planned community means a planned community of 100or
more acres in area subject to a master plan or other development order approved by the county
where public access is restricted and the community is operated and maintained by the
community including the provision of comprehensive, private utilities and transportation
facilities and services within its boundaries and a homeowners association or similar entity
which regulates development standards and monitors development requests by its members.
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It is important to note that in unincorporated Monroe County, height and grade are defined as follows:
Height means the vertical distance between grade and the highest part of any structure,
including mechanical equipment, but excluding the following: spires and/or steeples on
structures used for institutional and/or public uses only; chimneys; radio and/or television
antenna; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain
antenna supporting structures with attached antenna and/or collocations as permitted in the
Land Development Code. However, in no event shall any of the exclusions enumerated in this
definition be construed to permit any habitable or usable space to exceed the maximum height
limitation. In the case of airport districts, the height limitations therein shall be absolute and the
exclusions enumerated in this definition shall not apply.
Grade means the highest natural elevation of the ground surface, prior to construction, next to
the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to
the structure, whichever is higher.
Based on the adopted definitions the following is a basic description of height:
height the vertical distance between grade and the highest part of any structure.
Under the proposed amendment, it would mean the highest part of a structure with multifamily
residential uses, transient units and nonresidential floor area within Ocean Reef could be 60 ft (inclusive
of parking and habitable floors and architectural decorative features).
The Applicant provided an exhibit with a current listing of all building in Ocean Reef which exceed 35
feet in height:
EXHIBIT IT B
-1- 4fi 1 W�TM'P'i DIE
The applicant provided the following rationale in order to allow for additional height within Ocean Reef:
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"A part of the amendment to allow for additional height is contributed by sea level rise and
addressing flood map revisions, a part of the need for the height amendment is for
preservation/improvement/redevelopment of existing buildings to their current form and aesthetic
and another part of the basis for the amendment is to accommodate modern construction and
design of buildings both internally and externally.
For sea level rise, many new buildings and redevelopment of existing buildings will need to be
built up several feet higher than what currently exists. This requires additional height to
accommodate the increased height above BFE these buildings.
For existing buildings that are desired to be preserved or improved which would constitute a
substantial improvement, or buildings that are substantially damaged or destroyed, to build back
what exists requires additional height above 35' as many buildings that exist exceed the 35' height
limitation even with the 40' decorative exemption. Thus, height variances are needed in this
regard.
Finally, beyond increases in height due to the first two enumerated items, modern design of
buildings have ceiling heights that are above 9', especially in non-residential structures, which
may be 10 — 12' in height for certain types of uses, including meeting space, restaurants, and
offices. When current architectural designs are incorporated into non-residential or residential
development this also increases height several feet. Additionally, such structures as parking
garages and boat barns invariably exceed 35' in height and such uses are desired in Ocean Reef.
Each one of these items separately but also cumulatively lead to the need for additional height as
these items can increase height several feet which is the basis for the amendment. Ocean Reef
recognizes that each project is unique and desires the autonomy to govern approval of variances
in exceedance of 35' in order to protect the aesthetic and design within Ocean Reef but to also
allow development as identified above."
Excerpts from the Ocean Reef Community Association BUILDING REGULATIONS &
RESTRICTIONS related to the proposed amendment:
The µarnrpaose of the Building RegWaUions and Restricdons of Ocean Reef Coi,n nrlurky Association (0INR) is to promote
a cornpaatihate diversAy of at0e r radii appearance of h ornea in the cora"imuaraity, and to rrrranratainn thir(Aigh cio natant.
supervision, the estab ishrert tone arrtl character of t1`ae development. The Architectural Review Committee 4 HC) of
RCA is re paor iWe for mforming aph property owners and other interesled parties, of the Buflding RegLflatiOIIS and
Restriurtararns and ei-forcing theea. These Re r.,rhrntio s and RestricUon.ns are r'nrat urnterded to stifle the pirnna irra lon or
creative desires of property owners, kit rathrier to assuir a t:haeraa that parotr"*r;twe restriu,,11ons are in effect, which w^wiH
rrnaintairn the appearance, dhnrar"auaterand vallirae of Ocean Reef Iproperties.
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Nwdff4m
A, All p1lans must be approved by the, ARG, and both an ORCA BILA01ding, Per'nill, and Monroe Coi,.inty Permit issued
p6or' to the start of w',q consifucfion, iandscaprig, dernoftion, land clearing or [and ievefling, pflie driving or,
storage of tnaterilal and equipment, T r his hicludes perafits for any corrstructiorl, constmr,'Wll traders Or an)(
other activity requihing Courity perrnivs, A Monroe County building perinit is required prior to issuaii'loe of am
O,RCA err nut. OR(,',A contractor regmtration ls required p6or to an O,RCA permin tssljam,,e, in accordance veith
the business requlrernenm for Ocean Reef,
B. The ARC us authorized to approve and/U dony pertnits and varwnce requests, Any ir'i&vliduall whme pilans or
variance reqUests have bleeirr denied may appeal! to the Board of (Director& The Board cain grairit, van juinces
and/or listen to appevqlls
H, Any revisor-us to INarls already subr-nitted, affecAing the exterior of a, strtictllre nurt be resubrnjLM,';II for apipmval
of the ARC,, Revisions that are made to the dLmxzigrn drawings as re,lates to ORCA Regulations and Istricfions
aft,er, ORCA issues Reviiew Report comments rylust be rmted with a "cloud" around ffie revision and a revision
number in a triangle next to the 'cloud", as weH as a date and a brief description of the revision noted an tile
Revision Block (in the TA]e block), lhis inckides changes in c,,olors, as well an extehofacade%. To expeidlte dt'ie
review of proposed revisions, it is suggested that a Hst of revisions be stibmitted with the SeWed rewised
drawings, Changes made without SUCh approval will void the existing permit.
KAll construction at Ocean Reef is subject to existing zonilng eind building ordirwnces of Monroe. County and
ORCA building regulations and Irestricthores ;p-ie rriost restrictive prevails), and alU other ORCA Rules and
guidehries Ilisted under the table of cointemm. Issuance of an Monroe County perrnrt does, not waive the need for
an ORCA IBuOdlrn,g Perrrllt, nor does the assuarlc;e of an ORCA BWfding Pennit wwve tilhe need for the required
Courity or array otheiregulatory perrniu;, Tt* ARC wHII not krmwingly approve a project, vuhich is k,i virrAaflon of:
ffie County bUltdirIg and zoning c0deS Drally other regi.flatory agenry,
L. Buflding pernift applicatiorts denled i.,Yy the ARC may be rr,Lnconsidc,r(,,",d on pireseritabon of new or aiddibor1W
inforrnation, if it is the sense of the ARC, the plans rnay t)e processad Under the gundefirws fur Variance
procedures.
M. Request for vwiances ill Setbacks or other restrictions wifll llormafly bedenied uunloss a hairdshilpean The
proven to exist,
N. These regulations may be changed frroffj tjnjje to Wire. Therefore, it ls the respons60ity of the property owner
and contrartor to obl,ain the most current ipublication,
B. Maximum Heught
L No strl,XtUre or buMlng shah be deveiaped that exceeds the iyiaxia'lWn height stat(,;d in Section VI,
Buildable Volurr'ae - Builldable Area, Page 14, or the Monrc,')e County rriaxirrijum bufldhig, height
requirenients may he ud, whlchever is rnore restrictive.
2. A chirnney or ehevatoir shaft override may exceed Ltle tna0'llLl1M height uif.) to four (4) feet. A chihnney slhaH
not exceed a cross, secWnM area of fifty (50), square feehf.
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Definition of Buildable VOILJime:
The BuHdable VOIIUr'ne us defined by ima&iary verficW, l-[,oinzointai and angled planes that establish the Im"Ots cyf
,,iriy physcah element of the resOence. Xi physical n,-,,Iements of the residence are to be wiftin the bufldable
vollume. See exceptons ,)elow,
A. THE 'BLAWABLE VOILUMIE" AND "BUR CA LE AREA ARE IC" ETIFIRI'VIINEID BY THE FOLLOWING:
L Determine the neclt,nlred setbacks (fror-A, rear and sides) for the lot.
2, Oraw a hrie that connets eact"i selbac;k (front, roar and sides), Th[vs determines ft ttiw ft.td.n,a buildable
wea and ffie lbase of the buildable vollurne.
3. The base buildable v6urne begins (srts on) the FEMA Basp Flood Ellevation (BFIE„ first floor hab'lable floor
heighL
4, Monme County establishes flie first haMable floor height at FEMA Base Hood Elevation, BIFIE,i-1 foot.
5, In the event an -cilIpplicant volurfarily rauses the first habRahke floor reght, Lip to a maxinwri of 3 feet
above FEMA (BFE) +1 foot, as a reSUlt the base of the building volunie rnay begin at U,6s height and
e.stablish tMs as the new first flooir habKable floor hen ght, As a reSILih, t1he base buMchng volurne rnay be
raised to a rnaxiirnwn height of FEMA BFE + 4 feei,
S. The buildaWe vokwiie be& -is by going vertical from the chos&i first 110or habitable floor heigh t. to a ljelght
c)f twelve (12) feet. THs establisiters, the vertical sides of fl-ile bufldable VOIWIW,'
T At the top of the twelve f12) toot verticall sides,, Ahe hij0dable VOWMIe 5110pes Wirward at an&s, In figure 2,
page 40, to a point where a twenty five (25) fouL vertical height f rorn the first habitable floor height is
established,
8. The top height of the buildabie v6ume is twenty-five ff25) feet a[,)ove firsaflc*r habital',fle height, which
is FEMA BFE 4 1 to +4 feeL
1, The buildahle volume stated above riiay be altered by t1hie 251:1/'r, rule stated ki thas docurr�erit (see page 11,
Section A.3).
2. The builldable VOlUr'ne stated above may be aftered per the sucle setback exceptions set forth an tfn s
dOCUrneril.
3. Roof overhanps shafl not extend rnore than three (3') feet ok,ftside the buildaUe voWrne,
A. A chimney may exLraind verflicaIlly up to four, (4') feet ablove 'ffie top and sloping sides of the buHdable
volume, A cl-iininey shalll not exceed a cross sectional of fifty (50) square feet.
5. Exterior dormers and; outdoor porches, MthOL[t a roof overhang, exteri&ng WtSide of the buildable VORflIlle
MH be consida"red on a oase by case basls.
(3. Sunrise Cay maxiu-)Unii buddlng heught may be detertnk-ned by using the Monvoe County
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VARMCE REQUEST $250
If buflding, dock or laindscape plans am. Irnot approved lby the ARC, the folilowilirg is thie proper
prc)cedl u re.
A, The owner or his agent i't"iustsubmft lin writing a request for a variance.
B. The request must state the facts why a variance should be apgDrOved, g,e., of ecirfic hardship, not just
that o L l,,g d esi ralWe.
,CIt irnust tefer, to the ORCA BuOdrng Regi,flations and Restrictions, section(s) lJ'lat are fil'i Vjolatiun on
ptiaras that were reviewedi.
D, The ARC w0li notify all ad.picent property owine,'rs wi'V'fln a 300-foot circt,unfererce by certified n'lwl of
the request for a variance, and the nature of the variance.
E. When a violation, exisLs, aind no pennit was obtained and a variance is requosted, the varlance I'Pe for
review by the ARC MO he $1,000 iin additiorl to the dolriWed pennit fee. This does ar)t gWlranitee
aµ provall of the varlair)ce. Should the reqLK-,st be denied, all vilolations MH be rectified wjLl'iin 30 (lays,
BFIfi +4'Feeq Max
from FEMA
Base Hocd Elevabon
3'AY
12
a LL
rL
12
tw) LL
�0Bullldable Volume
Monroe County
fi.btaN. Row V
—Froiif L Devotion (BFE' � feet]
Setback
1 28 feet
— —
V-O" R.
—7 IrLMABgga Flood Elevsfion
\12
\ N 20
Mrst Habitable
Floor Elevation
up to a Maximurn of
Change based on the
neighborhood Buildable Volume,
Fr4untSetbavk Al11'aixi(luiitlei°-12/12/slop)c
AE 12' and greatell- = 8/12/slope
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Near
Setback
Fr— d I -A Roo, ....
HoWable Floor
Reau~ Setback
30, feet, mm 12/121s1ope
20 feet 12/201,9[ope
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V. STAFF -RECOMMENDED CHANGES TO PROPOSED AMENDMENT
As noted above, the Applicant's revised proposed text (bft.i() is shown in with additions underlined
and deletions are sekeii �hfettg4.
Based on the analysis provided on the previous pages, staff s recommended changes to the proposed
text amendment are as follows (staff recommendations are shown with deletions in red with a
�..
and additions in uu u a !t
Policy 101.5.31
For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
community, and has a distinct community character, buildings may include non -habitable
architectural decorative features (such as finials, railings, widow's walk, parapets) that exceed
the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
building's roof -line. This exception shall not result in a building together with any
architectural decorative feature with a height that would exceed 40 feet.
In uucNcNkJgn,,.. wkIdn true.... Oun°can beef gated master 1,flanned.... colnlnuunky..,... uup"ugn... evv dynce
suubina ted that bhy...1u1d21,)osed b uaklN g 1�gh linos been appi, ved by 11� inaster assggau„uon,.,.
buu4kWgg�llVb&umng a"�VV.1 � � u V Il'6 4(�6llVblla � �� VI !,,,__cnd/or nonn.' id` (Viiial VISCIS iEM4
rogial u�ua iura.iu�u bt,i �)u w u� J!tq ��h 60 h- uro pr.����d�� �( ro���'
As used in this policy, a master planned community means a planned community of 100 or
more acres in area subject to a master plan or other development order approved by the county
where public access is restricted and the community is operated and maintained by the
community including the provision of comprehensive, private utilities and transportation
facilities and services within its boundaries and a homeowners association or similar entity
which regulates development standards and monitors development requests by its members.
VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
GOAL 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.30
In order to preserve the existing community character and natural environment, Monroe County
shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
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distance between grade and the highest part of any structure, including mechanical equipment, but
excluding spires and/or steeples on structures used for institutional and/or public uses only;
chimneys; radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with attached antennas and/or
collocations. However, in no event shall any of the exclusions enumerated above be construed to
permit any habitable or usable space to exceed the applicable height limitations, except as
specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,
there shall be no exceptions to the 35-foot height limitation. (Ord. No. 016-2017 , § 1, 9-27-2017)
Policy 101.5.32
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
other hazards; protect property from flooding and minimize damages; minimize public and private
losses due to flooding; minimize future expenditures of public funds for flood control projects and
for recovery from flood events; and mitigate rising flood insurance premiums. A Flood Protection
Height Exception of up to a maximum of five (5) feet above the 35-foot height limit shall be
provided to allow lawfully existing buildings to be voluntarily elevated up to three (3) feet above
FEMA base flood elevation; and a flood protection height exception of a maximum of three (3)
feet above the 35-foot height limit shall be provided to allow new (new construction or substantially
improved) buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation.
These exceptions are in order to promote flood protection, minimize flood damage, reduce flood
insurance premiums and minimize future expenditures of public funds for recovery from flood
events. In no case shall a Flood Protection Height Exception result in a new building exceeding a
maximum height of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
( Ord. No. 016-2017 , § 1, 9-27-2017)
Policy 101.5.33
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception for lawfully established existing
buildings which exceed the 35-foot height limit, to promote public health, safety and general
welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from
flooding and minimize damages; minimize public and private losses due to flooding; minimize
future expenditures of public funds for flood control projects and for recovery from flood events;
and mitigate rising flood insurance premiums. A lawfully established existing building may be
repaired, improved, redeveloped and/or elevated to meet required FEMA base flood elevation
(BFE) provided the building does not exceed a total maximum building height of 40 feet, and the
building is limited to the existing lawfully established intensity, floor area, building envelope (floor
to floor height), density and type of use. For lawfully established existing buildings that are
proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and
the Board of County Commissioners shall be required to review and specify the maximum
approved height prior to issuance of any county permit or development approval. The Planning
Commission shall provide a recommendation to the BOCC on the maximum height of a building.
The BOCC shall adopt a resolution specifying the maximum approved height. ( Ord. No. 016-
2017, § 1, 9-27-2017)
GOAL 1501
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Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
Islamorada, Layton and Marathon; regional, State, and federal government agencies,
nongovernmental organizations and private organizations to exchange data and develop
coordinated strategies to address energy conservation and impacts from climate change.
Policy 1501.1.2
Monroe County will participate in cooperative efforts such as the Southeast Florida Regional
Climate Change Compact in order to maximize efforts to facilitate the exchange of ideas and data
and coordinate policies promoting energy conservation and climate change resilience.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
public investments, including:
I. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
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as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
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for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
authority.It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development
of land or the adoption and enforcement by a governing body of a land development code for
an area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
VII. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall
review and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
State Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VIII. STAFF RECOMMENDATION
Staff recommends approval with changes to the proposed amendment, contingent on receipt of
an ORC report from DEO with no objections, recommendations for changes, or comments
regarding the proposed amendment.
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2019
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN, POLICY 101.5.31 MAXIMUM HEIGHT
WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES
WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
NOT TO EXCEED 60 FEET, UPON EVIDENCE SUBMITTED THAT THE
HEIGHT HAS BEEN APPROVED BY THE OCEAN REEF COMMUNITY
ASSOCIATION, INC. ("MASTER ASSOCIATION"), AS PROPOSED BY
SMITH HAWKS, PL ON BEHALF OF 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 YEAR 2030
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 19, 2019, the Planning and Environmental Resources
Department received an application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc.
and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
Year 2030 Comprehensive Plan, Policy 101.5.31 to amend the Policy to allow structures within
Ocean Reef to exceed the maximum height limit up to a maximum of eighty (80) feet, upon
evidence submitted by the Ocean Reef Community Association, Inc. ("Master Association") that
a variance to height has been approved by the Master Association based on criteria established for
a variance by the Master Association; and
WHEREAS, the adopted Comprehensive Plan Policy 101.5.31 provides a height
exception to the Ocean Reef master planned community for non -habitable architectural decorative
features to exceed the 35-foot height limit in Policy 101.5.30, provided the building together with
any architectural decorative feature does not exceed 40 feet; and
WHEREAS, the Ocean Reef master planned community is a 100+ acre community which
is inaccessible to the surrounding community and has a distinct community character which has
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I additional regulations and is monitored and maintained by their homeowners association or similar
2 entity; and
3
4 WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
5 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
6 amendments, and it was determined that the proposed amendment would not have a County -wide
7 impact and a Community Meeting would not be required in accordance with LDC Section 102-
8 159(b); and
9
10 WHEREAS, the Monroe County Development Review Committee (DRC) considered and
11 reviewed the proposed amendment at a regularly scheduled meeting held on the 25t' day of June,
12 2019; and
13
14 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
15 County Year 2030 Comprehensive Plan, Policy 101.5.31; 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; and
24
25 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
26 2019, for review and to provide for public input, and adopted Resolution No. P27-19
27 recommending approval of the proposed amendment with the following changes:
28
29 Within Ocean Reef, lawfully established existing multifamily, transient and
30 nonresidential buildings which exceed the 35 foot height limit may be repaired,
31 improved, redeveloped and/or elevated to not exceed a total maximum building
32 height of 60 feet. The existing buildings are limited to the existing lawfully
33 established number of habitable floors; and
34
35 WHEREAS, the Planning Commission was presented with the following documents and
36 other information relevant to the request, which by reference is hereby incorporated as part of the
37 record of said hearing:
38 1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
39 2. Sworn testimony of Monroe County Planning & Environmental Resources Department
40 staff, and
Ordinance No. -19 Page 2 of 5
File 42019-023
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3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
WHEREAS, on August 13, 2019, the Applicant submitted additional data and analysis
and revised proposed amendment language in response to the Planning Commission's
recommendation as follows:
Within Ocean Reef, multifamily, transient and nonresidential buildings developed
or redeveloped may not exceed a total maximum building height of 60 feet.
Buildings are limited to four habitable floors; and
WHEREAS, at a regular meeting held on the 181' day of September 2019, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text 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; and
WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution
260-2019, approving transmittal of the proposed text amendment to the State Land Planning
Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County; and
WHEREAS, the ORC report contained no objections, recommended changes, or
comments; and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
Ordinance No. -19 Page 3 of 5
File 42019-023
Packet Pg. 1409
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I WHEREAS, at a regularly scheduled meeting on the 111' day of December, 2019, the
2 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
3 amendment;
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
6 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
7
8 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
9 as follows (Deletions are shown stricken through; additions are shown underlined):
10
11 Policy 101.5.31
12 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
13 community, and has a distinct community character, buildings may include non -habitable
14 architectural decorative features (such as finials, railings, widow's walk, parapets) that
15 exceed the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet
16 above the building's roof -line. This exception shall not result in a building together with any
17 architectural decorative feature with a height that would exceed 40 feet.
18
19 In addition, within the Ocean Reef gated master planned community, upon evidence
20 submitted that the proposed building height has been aproved by the master association,
21 buildings containing multifamily residential, transient, and/or nonresidential uses may be
22 developed or redeveloped to a total maximum building height of 60 feet, provided the
23 buildings are limited to four (4) habitable floors.
24
25 As used in this policy, a master planned community means a planned community of 100 or
26 more acres in area subject to a master plan or other development order approved by the
27 county where public access is restricted and the community is operated and maintained by
28 the community including the provision of comprehensive, private utilities and transportation
29 facilities and services within its boundaries and a homeowners association or similar entity
30 which regulates development standards and monitors development requests by its members.
31
32 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
33 provision of this ordinance is held invalid, the remainder of this ordinance shall not
34 be affected by such validity.
35
36 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
37 conflict with this ordinance are hereby repealed to the extent of said conflict.
38
39 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
40 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Ordinance No. -19 Page 4 of 5
File 42019-023
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Section 5. 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 a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
in the Monroe County Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe County
Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 111' day of December, 2019.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Ordinance No. -19
File 42019-023
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Sylvia Murphy
Commissioner David Rice
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MAYOR HEATHER CARRUTHERS
Page 5 of 5
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I � I � � 1! � I I � I � � I � � I � i I � I � � � 1! 11 1 ilgirli�vq
,ice,III
CN
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Under the proposed text amendment, it would mean the highest part of a structure with multifamily residential
uses, transient units and nonresidential floor area within Ocean Reef could be 60 ft (inclusive of parking and
habitable floors and architectural decorative features).
The areas with the map designations included within the tables below could potentially utilize the height limit of
60ft.
FLUM:
Map designation/zoning could Map designation/zoning could Map designation/zoning could allow
allow multifamily residential uses allow transient units (hotels, nonresidential floor area (office,
(attached unit! motels. RVs, etc) retail, restaurants, etc)
Recreation
Colors within the tables are intended to correspond with the colors depicted on the maps.
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Zoning:
Map designation/zoning could Map designation/zoning could Map designation/zoning could allow
allow multifamily residential uses allow transient units (hotels, nonresidential floor area (office,
(attached unit! motels. RVs. etc) retail. restaurants. etc)
Destination Resort District (DR) I Destination Resort District
Industrial District
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7 MONROE CIOUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. 260 -19
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
1,3 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
14 LAND PLANNING AGENCY AN ORDINANCE BY ]'HE MONROE
15 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING,
16 MCAN COUNTY YEAR 2030 COMPREHENSIVE PLAN,
17 POLICY 101.5.31 MAXIMUM HEIGHT WITHIN OCEAN REEF, A
18 GATED MASTER PLANNED COMMUNITY, T( I ) INCLIJDE,
19 ADDITIONAL LANG (JAGIE , TO ALLOW STRUCTURES WITHIN
20 OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
21 UPON EVIDENCE SUBMITTED THAT THE HEIGHTHAS BEEN
22 APPROVED BY THE OCEAN REEF COMMUNITY
23 ASSOCIATION, INC:. ("MASTER ASSOCIATION"), AS
24 PROPOSED BY smiTHAIAWKS, PL, ON BEHALF OF OCEAN
25 REEF CLUB, IN(,".; PROVIDING FOR SEVERABILITY;
2,6 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
27 PROVIDING FOR TRANSMITTAL, TO THE STATE LAND
28 PLANNING AGENCY AND THE SECRETARY OF STATE;
29 PROVIDING FOR INCLUSION IN THE MONROE YEAR, 2030
30 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
31 DATE. (File #2019-023)
32
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 ("oordinated Review
36 Process in Sec, 1.63.3184(4), F.S, to the State Land Planning Agency for objections,
37 recornmen dat ions and comments, and to the other Reviewing Agencies as defined in Sec.
38 163,31,84(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
4,1, WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
42 County Commissioners support the requested text amendment;
,43
44 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
45, COMMISSIONERS OF MONROE COUNTY, FLORIDA:
46
Resolution No. 260 - 19 Page I o 1" 2
File #2019-023
I Packet Pg. 1415 1
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Section 1.
3
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Section 2.
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8.
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Section 3.
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Section 4.
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The Board of County Commissioners does hereby adopt the recommendation of the
Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
adoption of the proposed text amendment.
The Board of County Commissioners does hereby transmit the proposed
amendment- to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the W11 day of September , 20.19 .
19
20
21. -.
,
._:,
�'
Mayor Sylvia Murphy, District 5
Yes
22rx
>
.. ••
ts�
�,
Mayor Pro Tern, Danny L. Kolhage, District.
Yes
23E5
Commissioner Michelle Coldiron, District 2
Yes
24
'�
Commissioner Heather Carruthers, District 3'
Yes
25Q
c
;.� ca
Commissioner David Rice, District 4
Yes
2
'-�
C� Uj
o
2
�
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42
BOARD OF COUNTY COMMISSIONERS
OF MONROE UN LORIDA
4
M
C
BY
May • Syl is Murphy
ATTEST: KEV MADOK, CLERK
DEPUTY CLERK
Resolution No. 260 -19
File #2019-023
t GOUlO ATTOtRNEY
s li i"T.''Nil'1.1.]r"+M
ASStSTAWT ►'��llW'iY ATTO RRAY
"at o P c I t�-
Page 2 of 2
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Exhibit A
2
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2019
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN, POLICY 101.5.31 MAXIMUM HEIGHT
WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES
WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
UPON EVIDENCE SUBMITTED THAT THE HEIGHT HAS BEEN
APPROVED BY THE OCEAN REEF COMMUNITY ASSOCIATION, INC.
("MASTER ASSOCIATION"), AS PROPOSED BY SMITH/HAWKS, PL
ON BEHALF OF 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 YEAR 2030 COMPREHENSIVE
PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File #2019-023)
WHEREAS, on February 19, 2019, the Planning and Environmental Resources
Department received an application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc.
and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
Year 2030 Comprehensive Plan, Policy 101.5.31 to amend the Policy to allow structures within
Ocean Reef to exceed the maximum height limit up to a maximum of eighty (80) feet, upon
evidence submitted by the Ocean Reef Community Association, Inc. ("Master Association") that
a variance to height has been approved by the Master Association based on criteria established for
a variance by the Master Association; and
WHEREAS, the adopted Comprehensive Plan Policy 101.5.31 provides a height
exception to the Ocean Reef master planned community for non -habitable architectural decorative
features to exceed the 35-foot height limit in Policy 101.5.30, provided the building together with
any architectural decorative feature does not exceed 40 feet; and
WHEREAS, the Ocean Reef master planned community is a 100+ acre community which
is inaccessible to the surrounding community and has a distinct community character which has
additional regulations and is monitored and maintained by their homeowners association or similar
entity; and
Ordinance No. -19 Page 1 of 5
File #2019-023
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WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
amendments, and it was determined that the proposed amendment would not have a County -wide
impact and a Community Meeting would not be required in accordance with LDC Section 102-
159(b); and
WHEREAS, the Monroe County Development Review Committee (DRC) considered and
reviewed the proposed amendment at a regularly scheduled meeting held on the 25th day of June,
2019; and
WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
County Year 2030 Comprehensive Plan, Policy 101.5.31 to allow maximum height within Ocean
Reef, a gated master planned community, to include additional language to allow structures within
ocean reef to exceed the maximum height limit, upon evidence submitted to and a height variance
approved by the Master Association established; and
WHEREAS, based upon the information and documentation submitted, the Development
Review Committee Chair found:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan;
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
2019, for review and recommendation on the proposed amendment and reccomended approval
with changes; and
WHEREAS, the Monroe County Planning Commission recommended approval to the
proposed amendment with changes, as follows:
Within Ocean Reef, lawfully established existing multifamily, transient and
nonresidential buildings which exceed the 35 foot height limit may be repaired,
improved, redeveloped and/or elevated to not exceed a total maximum building
height of 60 feet. The existing buildings are limited to the existing lawfully
established number of habitable floors.
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
2. Sworn testimony of Monroe County Planning & Environmental Resources Department
staff, and
3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
Ordinance No. -19 Page 2 of 5
File #2019-023
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WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P27-19
recommending approval of the proposed amendment; and
WHEREAS, the Applicant submitted additional data and analysis and amended language
on August 13, 2019, to the Planning Commission's recommended changes to Comprehensive Plan
Policy 101.5.31 as follows:
Within Ocean Reef, multifamily, transient and nonresidential buildings developed
or redeveloped may not exceed a total maximum building height of 60 feet.
Buildings are limited to four habitable floors.
WHEREAS, at a regular meeting held on the 18th day of September 2019, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text 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; and
WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution
-2019, transmittal of the proposed text amendment to the State Land
Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on
and
WHEREAS, the ORC report ; and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, at a regularly scheduled meeting on the day of , 20 , the BOCC
held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Ordinance No. -19 Page 3 of 5
File #2019-023
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Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
as follows (Deletions are shown stricken through; additions are shown underlined):
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible
to the surrounding community, and has a distinct community character, buildings may
include non -habitable architectural decorative features (such as finials, railings, widow's
walk, parapets) that exceed the 3 5-foot height limit in Policy 101.5.30, but such features shall
not exceed 5 feet above the building's roof -line. This exception shall not result in a building
together with any architectural decorative feature with a height that would exceed 40 feet.
In addition, within the Ocean Reef gated master planned community, upon evidence
submitted that the proposed building height has been approved by the master association,
buildings containing multifamily residential, transient, and/or nonresidential uses may be
developed or redeveloped to a total maximum building height of 60 feet, provided the
buildings are limited to four (4) habitable floors.
As used in this policy, a master planned community means a planned community of 100 or
more acres in area subject to a master plan or other development order approved by the
county where public access is restricted and the community is operated and maintained by
the community including the provision of comprehensive, private utilities and transportation
facilities and services within its boundaries and a homeowners association or similar entity
which regulates development standards and monitors development requests by its members.
Section 2. 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 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. 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 a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
in the Monroe County Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe County
Comprehensive Plan.
Ordinance No. -19
File #2019-023
Page 4 of 5
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 20
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Ordinance No. -19
File #2019-023
Mayor Sylvia Murphy
Mayor Pro Tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Michelle Coldiron
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MAYOR SYLVIA MURPHY
Page 5 of 5
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KEYVWEST
r7EN
.111111
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
authority personally appeared
who on oath says that he or she is
\ V of the Key West Citizen, a daily
newspaper publi hed in I 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 V
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 tt a saidpewgNper.
(Signature ofAffiant)
A ed d su c bed befo_r�e me this 2d day of September 2019
(Notary E/blic Printed Name) (Notary Seal)
My commission expires ���
Personally Known X Produced Identification
Type of Identification Produced
[legal.text]
uel nn Stamper
COMMISSION # GG232802
�,,.. EXPIRES: June 27, 2022
Bonded Thru Aaron Notary
Packet Pg. 1422
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' 1 1111
for the folliewIng ltem%
PUBLIC" HEARINGS: 1:30 Il as soon l
MMMMM
nw w; NN i.
FOR AN EFFECTIVE DATE, (FILE 201 02 )
OF OLD STATE ROAD 4A AND, ALL OF THIIE IE RIGHT01F-'WAYF L00P ROAD LYING WITHIN
SF'CT@N N 31, TOWN' HIP 66 SOUTH, RANGE 28 FIGHT GOVERNMENT LIT II„ SECTION '
'NI TOWNSHIP 67 SOUTH, RANGE GE 2 EAST, GOVERNMENT NT LOTS 3A AND 7„; SECTION '7
TOWNSHIP 67 SOUTH, RANGE 28 FAST, GOVERNMENT T LOTS 2 AND 4a SECTION 12,
TOWNSHIP SH IP 7 LNG LTH ,RANGE 27 FAST„ GOVERNMENT LENS 6 AND 7„ ALSO, 1' 0 FOOT
STRIP KNOWN INa''NN LOP ROAD, LYING IN SUGARL'OAF KEY, SF'CTN 'NON 12„ TOWNSHIP 67
SOUTH, RANGE 27 EAST, GO1fIFR1H MENT L TS 1r2„3, w AND 7„ SECTION 11, TOWNSHIP 67
S 'UTH,RANGE 27 FAST (FILE #2'01 -11 )
offices 41 Marathon
n
F"rrrswrsrrl to Seclm"err 286,0105 Florida Statutes, it mr eery 'erlw -s to appeal any decWo 1 of
the Board of runty Commissioners, with respect to any matter considered of themeating or
heming, he or she wslll need s recordof the proceedings, and that,, for such purpose, he or she
may need to insure rm verbatim record of the proceedings is made, hick recordincludes the
testimony, & evidence upon which then esf Is to be based,
ADA NAN MST" �IwA" ": l 'you are a person with s disability who needs special accommodations
In order to participate Np lle in this pfiring please con tact the Counwtyr Administrator's OftA
by phoning PM) 2W-4441, between the hours of N30 &mr . &00 pm., no later than fl
(5), calendar drays prior r° to the scheduled rrr flag; If you arshearing or voice ~ems ell
'711.0
Packet Pg. 1423
REVISED LANGUAGE PER APPLICANT REQUEST AT HEARING (Comp Plan):
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may include non-habitable
architectural decorative features (such as fmials, railings, widow's walk, parapets) that exceed the 35-
foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the building's roof-
line. This exception shall not result in a building together with any architectural decorative feature
with a height that would exceed 40 feet.
In addition, within the Ocean Reef gated master planned community, upon evidence submitted that the
proposed building height has been approved by the master association, 1 i:Reef Commu itt
Auk 11111.111111111111111.11111r filillibuildings containing
multifamily residential, transient, and/or nonresidential uses may be developed or redeveloped to a
total maximum building height of 60 feet, provided the buildings are limited to four (4) habitable
floors.
IMINENIEr b ! ov a K. � :�4CilililiJY.3si l .~ic: Ims w °nap
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As used in this policy, a master planned community means a planned community of 100 or more acres
in area subject to a master plan or other development order approved by the county where public
access is restricted and the community is operated and maintained by the community including the
provision of comprehensive, private utilities and transportation facilities and services within its
boundaries and a homeowners association or similar entity which regulates development standards
and monitors development requests by its members.
Monroe County BOCC Regular Meeting December 11, 2019; Items 05 and 06