Loading...
Ordinance 033-2020 2 � 3 =_ 4 5 6 7 MONROE COUNTY,FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. 033 -2020 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND 14 USE MAP FROM RESIDENTIAL HIGH (RH) TO INSTITUTIONAL (INS), 15 FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE, KEY LARGO, 16 MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-000100, AS 17 PROPOSED BY OCEAN REEF CHAPEL, INC.; PROVIDING FOR 18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 20 PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR 21 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND 22 FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR 23 AN EFFECTIVE DATE. (File 2019-220) 24 25 26 WHEREAS, on November 12, 2019, the Planning and Environmental Resources 27 Department received an application from the Smith/Hawks, PL(the "Agent") on behalf of Ocean 28 Reef Chapel,Inc.(the"Property Owner"and the"Applicant")to amend the Monroe County Future 29 Land Use Map (FLUM) from Residential High(RH) to Institutional(I) for 32 Ocean Reef Drive, 30 Key Largo; and 31 32 WHEREAS,the Applicant has also requested a corresponding Land Use(Zoning)District 33 map amendment for the subject property from Urban Residential (UR) to Suburban Commercial 34 (SC)with an Institutional Overlay; and 35 36 WHEREAS,the Monroe County Development Review Committee(DRC)considered the 37 proposed amendment at a regularly scheduled meeting held on February 25,2020; and 38 39 WHEREAS,the Monroe County Planning Commission held a public hearing on the May 40 27,2020,for review and recommendation on the proposed Future Land Use Map amendment; and 41 42 WHEREAS, the Monroe County Planning Commission made the following findings of 43 fact and conclusions of law: 44 45 I. The proposed FLUM is not anticipated to adversely impact the community character 46 of the surrounding area; Ord.No. 033 -2020 File 2019-220 Page 1 of 3 1 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 2 adopted Level of Service(LOS); 3 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the 4 Monroe County Year 2030 Comprehensive Plan; and 5 4. The proposed amendment is consistent with the Principles for Guiding Development 6 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; 7 5. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute;and 8 6. The proposed amendment will not result in an adverse change in community character 9 to the sub-area which a proposed amendment affects. 10 11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P13-20 12 recommending to the Monroe County Board of County Commissioners approval of the proposed 13 amendment; and 14 15 WHEREAS, at a regular meeting held on the 17'h day of June, 2020, the Monroe County 16 Board of County Commissioners (BOCC)held a public hearing to consider the transmittal of the 17 proposed amendment, considered the staff report and provided for public comment and public 18 participation in accordance with the requirements of state law and the procedures adopted for 19 public participation in the planning process; and 20 21 WHEREAS,at the June 17,2020,public hearing,the BOCC adopted Resolution No. 184- 22 2020,transmitting the amendment to the State Land Planning Agency; and 23 24 WHEREAS, the State Land Planning Agency reviewed the amendment and the County 25 received its Objections,Recommendations and Comments(ORC)report on 27°day of July,2020; 26 and 27 28 WHEREAS,the ORC report did not identify any objections,or comments to the proposed 29 amendment; and 30 31 WHEREAS, at a regularly scheduled meeting on the 16th day of September, 2020, the 32 BOCC held a public hearing to consider adoption of the proposed FLUM amendment; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 35 COUNTY COMMISSIONERS: 36 37 Section 1.The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended 38 as follows: 39 40 The property located at 32 Ocean Reef Drive,Key Largo,Ocean Reef Club,having 41 Parcel ID Number 00081740-000100, is changed from Residential High (RH) to 42 Institutional(INS)as shown on Exhibit I, attached hereto and incorporated herein. 43 44 Section 2. Severability. If any section, subsection, sentence,clause, item,change,or provision of 45 this ordinance is held invalid,the remainder of this ordinance shall not be affected by such validity. 46 Ord.No. 033 -2020 File 2019-220 Page 2 of 3 I Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict 2 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 Secretary 8 of the State of Florida but shall not become effective until a notice is issued by the State Land 9 Planning Agency or Administration Commission finding the amendment in compliance, and if 10 challenged,until such challenge is resolved pursuant to Chapter 120,Florida Statutes. 11 12 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be 13 incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use 14 Map. 15 16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 17 Florida, at a regular meeting held on the 16th day of September , 2020 . 18 19 Mayor Heather Carruthers, District 3 Yes 20 Mayor Pro Tern Michelle Coldiron, District 2 Yes 21 CommissionerCraig Cates, District 1 Yes 22 Commissioner David Rice, District 4 Yes 23 Commissioner Sylvia Murphy,District 5 Yes 24 25 26 27 BOARD OF COUNTY COMMISSIONERS 28 , uwaoe aw rrorMer OF MONROE CO TY FLORIDA 2/6) =tenon . .( l r BY MAY ,H A ER CARRUTHERS o „ 35 �`" EVIN MADOK, CLERK Li 36 - o 38 AS DEPU CLERK c. - N J - c a A -Cr- s rn -1 ,p n .. O p- 0 Ord.No. 033 -2020 File 2019-220 Page 3 of 3 Exhibit 1 to Ordinance# 033 -2020 4* leit-9,... it 2 0 Ro so P o / a� /� / ra 0 ti R�•FT OP p ev.O e- t Le ,_ e ,,r,, `-i-Z-23 1 U RH to INS The Monroe County Future Land Use Map is amended as indicated above: Future Land Use change of a parcel of land in Ocean Reef having Real Estate Number 00081740-000100 from Residential High(RH)to Institutional(INS). N A aITIZEN The Florida Keys Only Daily Newspaper,Est 1876 PO Box 1800,Key Wes(FL 33041 P.(305)292-7777 ext 219 F:(305)295.8025 legaIsOkaysnews com MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138894 Tcket: 355377 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [It?gel.teM] COUNTY OF MONROE Before the undersigned authority personally appeared NA\L♦-*A-cI/i-�` �"'ll� ,who on oath says that he or she is w PL t- V 1 of the Key West Citizen,a daily newspaper published in Key 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,August 30,2020 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' a saitlpewsp r (Signature of Affiant)) 1 ,-i err/wr A' ' •• ald su•,rii d before me this 31) day ofA st 2020 1�a 12fl n (Nola blica ure) ' Thibritir itt (Notary Publc Pnn Name) (Notary Seal) ''Wt Suelynn Stamper My commission expires G,;t�• -) « >=COMMISSION A G6232802 ;?,, •' EXPIRES:June 27, 2011 Personally Known X Produced Identification " Bonded Nu Aaron Notary Type of Identification Produced MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAPS NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT (ZONING) MAPS September 16, 2020 Pursuant to Executive Order No.20-69, Monroe County Emergency Directive 20-06,and Center for Disease Control("CDC)social distancing guidelines established to contain the spread of the COVID-19 virus,the September 16,2020 meeting of the Board of County Commissioners will be conducted via Communication Media Technology("CMT")using a Zoom Webinar platform.Please note that if Executive Order 20-69,as extended by Executive Orders 20-112, 20-123, 20-139, 20-150 &20-193 is rescinded, a traditional live meeting will be held at the Nelson Government Center located at 102050 Overseas Highway,Key Largo,FL 33037. The meeting will commence at 9:00 A.M. PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard): AN QRDINANGE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONER$AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-75, THE PERMITTED AND CONDITIONAL USES OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC AIRPORTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-081) ANOADINANCE BY MONROE COUNTY BOARD OF COUNTY CQhtM)$SIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POUCY 101.5.25 TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS:PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-131) AN ORDINANCE BY THE MONROE COUNTY BOARD OF CQS)NTY_COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;PROVIDING FOR SEVERABIUTY; PROVIDING FOR REPEAL OF CONFUCTING 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 2019-132) AN_ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY CQMMIMONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL (INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA, HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL, 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 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220) (See Map 1 below) ANOAQINANCE BY THE MONROE COUNTY SCARP 9F yD_UKCLCOMMISSIONER$AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR)TO SUBURBAN COMMERCIAL(SC) / INSTITUTIONAL (INS) OVERLAY, FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740- 000100,AS PROPOSED BY OCEAN REEF CHAPEL,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 AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-221)(See Map 2 below) MAP 1 MAP 2 Pursuant to Executive Order No.20-69, Monroe County Emergency Directive 20-06,and Center for Disease Control("CDC)social distancing guidelines established to contain the spread of the COVID-19 virus,the September 16, 2020 meeting of the Board of County Commissioners will be conducted via Communication Media Technology("GMT")using a Zoom Webinar platform.Please note that if Executive Order 20-69,as extended by Executive Orders 20-112. 20-123, 20-139, 20-150& 20-193 is rescinded, a traditional live meeting will be held at the Nelson Government Center located at 102050 Overseas Highway,Key Largo,FL 33037. The meeting will commence at 9:00 A.M. PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard): AN9R0INANCE BY MONROE COUNTY BOARD OF COUNTYCOMMISSIQNERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-75,THE PERMUTED AND CONDITIONAL USES OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC AIRPORTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-081) AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25 TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-131) AN ORDINANCE BY THE MONROE GOUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;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 2019-132) AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL (INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA, HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL, 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 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220) (See Map 1 below) AN ORDINANCE_BY THE MONROE MOatLYH}OARD9F COUNTY COMMISSIQNERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL(UR) TO SUBURBAN COMMERCIAL(SC) / INSTITUTIONAL (INS) OVERLAY, FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740- 000100,AS PROPOSED BY OCEAN REEF CHAPEL,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 AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-221)(See Map 2 below) MAP 1 MAP2 NMI T40e0001 No01t1i0e1oIoo • • _ .N..1 Crew Kee Please visit the Monroe County Website at www,monr2s44unty-fi,90v for meeting agenda updates and information regarding the various options available to the public to view the live meeting and/or to make public comments on certain agenda items. 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 8 evidence upon which the appeal is to be based. ADA ASSISTANCE:If you area 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." kvuet 20.2020 Key west Cn¢er ' ',b Kevin Madok, CPA ; '1,;` " Clerk of the Circuit Court&Comptroller—Monroe County, Florida September 22, 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. 033-2020 amending the Monroe County Future Land Use Map from Residential High (RH) to Institutional (INS),for property located at 32 Ocean Reef Drive, Key Largo, Monroe County, Florida, having parcel ID 00081740-000100,as proposed by Ocean Reef Chapel, 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 County Comprehensive Plan and for amendment to the Future Iand IJse Map;providing for an effective date (File 2019-220). This Ordinance was adopted by the Monroe County Board of County Commissioners at a --------------------meeting,held in formal session, on September 16, 2020. Should you have any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of die Circuit Court&Comptroller& exotficio to die Monroe County Board of County Commissioners by:Pamela G. Huuock, D.0 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 tr ! it '. RON DESANTIS LAUREL M. LEE Governor Secretary of State September 22, 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. 033-2020, which was bled in this office on September 22, 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