Ordinance 046-2019 1fp%
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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
—,.
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KEY�,y'\ EST
" „; ,. RECEIVED
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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