Loading...
Ordinance 046-2019 1fp% ic,214 4 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. 046-2019 10 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 NOT TO EXCEED 60 FEET, UPON EVIDENCE SUBMITTED THAT THE 18 HEIGHT HAS BEEN APPROVED BY THE OCEAN REEF COMMUNITY 19 ASSOCIATION, INC. ("MASTER ASSOCIATION"), AS PROPOSED BY 20 SMITH HAWKS, PL ON BEHALF OF OCEAN REEF CLUB, INC.; 21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 23 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 24 STATE; PROVIDING FOR INCLUSION IN THE MONROE YEAR 2030 25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 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 Ordinance No.046-2019 Page 1 of 5 File#2019-023 1 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 25th 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 046-2019 / Page 2 of 5 File#2019-023 1 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 2 Planning Commission Counsel; and 3 4 WHEREAS, based upon the information and documentation submitted, the Planning 5 Commission made the following Findings of Fact and Conclusions of Law: 6 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 7 Monroe County Year 2030 Comprehensive Plan; and 8 2. The proposed amendment is consistent with the Principles for Guiding Development 9 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),F.S.; and 10 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute;and 11 12 WHEREAS, on August 13, 2019, the Applicant submitted additional data and analysis 13 and revised proposed amendment language in response to the Planning Commission's 14 recommendation as follows: 15 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; and 19 20 WHEREAS, at a regular meeting held on the 18`h 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 25 26 WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution 27 260-2019, approving transmittal of the proposed text amendment to the State Land Planning 28 Agency; and 29 30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 31 Objections, Recommendations and Comments (ORC) report, received by the County; and 32 33 WHEREAS, the ORC report contained no objections, recommended changes, or 34 comments; and 35 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 Ordinance No.046-2019 Page 3 of 5 File#2019-023 1 WHEREAS, at a regularly scheduled meeting on the 11`h 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 approved by the master association, 21 Ocean Reef Community Association Inc., pursuant to its Building Regulations and 22 Restrictions, buildings containing multifamily residential, transient, and/or nonresidential 23 uses may be developed or redeveloped to a total maximum building height of 60 feet, 24 provided the buildings are limited to four(4) habitable floors. Such development on property 25 owned by Ocean Reef Club, Inc. shall not be required to provide evidence it has been 26 approved by the master association, based on its exemption from master association review 27 under the Ocean Reef gated master planned community's governing documents. 28 29 As used in this policy, a master planned community means a planned community of 100 or 30 more acres in area subject to a master plan or other development order approved by the 31 county where public access is restricted and the community is operated and maintained by 32 the community including the provision of comprehensive, private utilities and transportation 33 facilities and services within its boundaries and a homeowners association or similar entity 34 which regulates development standards and monitors development requests by its members. 35 36 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 37 provision of this ordinance is held invalid,the remainder of this ordinance shall not 38 be affected by such validity. 39 Ordinance No.046-2019 Page 4 of 5 File#20I9-023 • 1 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 2 conflict with this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the 5 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 6 7 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 8 Secretary of the State of Florida but shall not become effective until a notice is 9 issued by the State Land Planning Agency or Administration Commission finding 10 the amendment in compliance with Chapter 163, Florida Statutes and after any 11 applicable challenges have been resolved. 12 13 Section 6. Inclusion in the Comprehensive Plan. The text-amendment shall be incorporated 14 in the Monroe County Comprehensive Plan. The numbering of the foregoing 15 amendment may be renumbered to conform to the numbering in the Monroe County 16 Comprehensive Plan. 17 18 19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 20 at a regular meeting held on the 11 t' day of December, 2019. 21 22 Mayor Heather Carruthers Yes 23 Mayor Pro Teen Michelle Coldiron Yes 24 • - Commissioner Vacant Vacant 25 0 - Commissioner David Rice Yes • 26 Commissioner Sylvia J. Murphy Yes 27 � - 28 ` BOARD OF CO TY COMMISSIONERS 29 c) �F OF MONROE C N , FLORIDA 30 , ° z%` `- s 31' ,. ,; J BY 3.21 r ` +b=<1, MA OR THER CARRUTHERS 3 A0*F-MVIN MAD OK, CLERK 36 AlOPf GOtJtCTY A l�EY 37 AEA A� 38 DEPUTY CLERK �• S I VEti T.WILt,A ASSISTAK CPUJY ATTOttN V • • Ordinance No.046-2019 - Page 5 of 5 File#2019-023 —,. jT:!.-..,,.;. .:.... KEY�,y'\ EST " „; ,. RECEIVED .. The Florida Keys Only Daily Newspaper, Est. 1876 DEC 2 7 2019 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F.:(305)295-8025 legals@keysnews.corn MONROE COUNTY ATTORNEY MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 - - Account: 138694 Ticket: 322507 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [I@! COUNTY OF MONROE MONROE COUNTY Before the undersigned hority personally appeared BOARD OF COUNTY f VR a stha he orshe is COMMISSIONERS \Y5k1 fa who onoathsays t att Y 1 lo �� of the Key West Citizen, a daily NOTICE OF PUBLIC newspaper published Key We t, in Monroe County, Florida;that the attached MEETING AND NOTICE copy of advertisment, being a legal notice in the matter of was published in said O F PUBLIC HEARING newspaper in the issues of: Sunday, November24, 201g NOTICE OF CHANGE TO MONROE COUNTY Affiant further says that the Key West Citizen is a newspaper published in Key COMPREHENSIVE PLAN 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 NOTICE OF CHANGE TO has been entered as periodicals matter at the post office in Key West, in said MONROE COUNTY LAND 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 DEVELOPMENT CODE neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in the said new er. December 11 , 2019 ( Ignature of Affiant) NOTICE IS HEREBY GIVEN that on Wednesday. December 11, Adad sub d before me this 12th day of December 2019 2019.the Monroe County Board of County Commissioners will hold a Public Meeting at the Murray E.Nelson Government Center,102050 • Overseas Hwy, Key Largo, FL 33037 to review and receive public comment for the following items: (Not u lic Sign at N��,�W� PUBLIC HEARINGS: 1:30 PM (or as soon thereafter as may be ,R,N heard): (Notary Pub c Printed Name) (Notary Seal) 144; AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY �/ COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030 My commission expires (/�/ �2 COMPREHENSIVE PLAN POLICY 101.5.31 MAXIMUM HEIGHT HppNt WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY, TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT, Personally Known X Produced IdentificationIt gii_ g 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 Type of Identification Produced = SMITH HAWKS PL; PROVIDING FOR SEVERABILITY; PROVIDING FOR P CONFLICTING PROVISIONS; PROVIDING FOR ik CIS TRANSMITTALRE EAL OF TO THE STATE LAND PLANNING AGENCY AND V Cu THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN ave. 3 EFFECTIVE DATE.(File 2019-023) CD 1 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 131-2,MAXIMUM HEIGHT,TO ALLOW STRUCTURES WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY, 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;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(File 2019-024) A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAKING CERTAIN FINDINGS AND DESIGNATING THE PROPERTY LOCATED AT 10 BEI IY ROSE DRIVE,BIG COPPITT KEY,WITH PARCEL ID NO.00120940-000201,00120940-000100,AND 00120940-000302, LOCALLY KNOWN AS THE QUARRY, PURSUANT TO SECTION 376.80,FLORIDA STATUTES,FLORIDA'S BROWNFIELD REDEVELOPMENT ACT, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT;AUTHORIZING THE COUNTY CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-207)See Map 1 below 00120940400302 00120949-000109 00120940400201 Big Coppitt Key Mite Marker 10 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." November 23,2019 Key West Citizen 4JR coer,/�11 %."7'°`` s Kevin Madok, CPA t'°' �'=11 = Clerk of the Circuit Court&Comptroller—Monroe County, Florida January 28, 2020 Department of State Administrative Code&Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 046-2019 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session, on December 11, 2019. Should you have any questions, please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Planning&Environmental. County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State January 28, 2020 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 046-2019, which was filed in this office on January 28, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us