Ordinance 034-2020 1
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 034 -2020
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
13 DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR) TO
14 SUBURBAN COMMERCIAL (SC) / INSTITUTIONAL (INS) OVERLAY,
15 FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,
16 MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-000100,
17 AS 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
21 FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
22 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-221)
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24
25
26 WHEREAS, on November 12, 2019, the Planning and Environmental Resources
27 Department received an application from Smith/Hawks,PL(the"Agent")on behalf of Ocean Reef
28 Chapel, Inc. (the`Property Owner"and the "Applicant")to amend the Land Use District(Zoning)
29 Map from Urban Residential(UR)to Suburban Commercial(SC)/Institutional(INS)Overlay for
30 32 Ocean Reef Drive, Ocean Reef,Key Largo; and
31
32 WHEREAS,the Applicant has also requested a corresponding Future Land Map(FLUM)
33 amendment for the subject property from Residential High(RH)to Institutional (INS); and
34
35 WHEREAS, in accordance with Land Development Code Section 102-159(a), the
36 Applicant held community meetings regarding the proposed amendments on January 8,2020; and
37
38 WHEREAS,the Monroe County Development Review Committee(DRC)considered the
39 proposed amendments at a regularly scheduled meeting held on February 25, 2020; and
40
41 WHEREAS,at a regularly scheduled meeting held on May 27, 2020,the Monroe County
42 Planning Commission held a public hearing for the purpose of considering the proposed
43 amendment to the Land Use District(Zoning) Map and provided for public comment; and
44
Ord. No. 034 - 2020 Page 1 of 4
File 2019-221
1 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P14-20
2 recommending approval of the proposed Zoning map amendment; and
3
4 WHEREAS, at a regularly scheduled meeting held on the 16th day of September, 2020,
5 the Monroe County Board of County Commissioners (BOCC) held a public hearing, considered
6 the staff report, and provided for public comment and public participation in accordance with the
7 requirements of state law and the procedures adopted for public participation in the planning
8 process; and
9
10 WHEREAS, based upon the documentation submitted and information provided in the
11 accompanying staff report,the BOCC makes the following Findings of Fact:
12
13 1. Prior to the 1986 adoption of the County's current land development regulations and
14 their associated land use district maps, the subject property was within the BU2
15 (medium business district)zoning district; and
16 2. In 1986, a series of zoning maps, entitled the Land Use District Map,were adopted for
17 all areas of the unincorporated county, and the subject property was zoned Urban
18 Residential (UR); and
19 3. The proposed map amendment is consistent with the provisions of the Monroe County
20 Code:
21 a. As required by MCC §102-158,the map amendment does not relieve particular
22 hardships, nor confer special privileges or rights on any person, nor permit an
23 adverse change in community character, as analyzed in the Monroe County
24 Year 2030 Comprehensive Plan; and
25 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
26 data errors and new issues; and
27 4. The proposed map amendment is consistent with the provisions and intent of the
28 Monroe County Year 2030 Comprehensive Plan:
29 a. The Suburban Commercial (SC) Land Use (Zoning) District / Institutional
30 (INS) Overlay District is consistent with the Institutional (INS) Future Land
31 Use Map designation and the respective density and intensity standards as set
32 forth in Policy 101.5.25; and
33 b. The Suburban Commercial (SC) Land Use (Zoning) District / Institutional
34 (INS) Overlay District is consistent with the purpose of the INS Future Land
35 Use Map designation, as set forth in Policy 101.5.12; and
36 5. The proposed map amendment is consistent with the Principles for Guiding
37 Development in the Florida Keys Area of Critical State Concern;
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows:
43
Ord. No. 034 - 2020 Page 2 of 4
File 2019-221
The property located at 32 Ocean Reef Drive, Key Largo, with Parcel ID No.
2 00081740-000100 shall be designated as Suburban Commercial(SC)/Institutional
3 (INS)Overlay as shown on Exhibit I,attached hereto and incorporated herein.
4
5 The Zoning map amendment is contingent on adoption and effectiveness of the
6 corresponding FLUM amendment from Residential High (RH) to Institutional
7 (INS).
8
9 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
10 provision of this ordinance is held invalid,the remainder of this ordinance shall not
11 be affected by such validity.
12
13 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
14 conflict with this ordinance are hereby repealed to the extent of said conflict.
15
16 Section 4. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning
17 Agency as required by F.S. 380.05(11)and F.S. 380.0552(9).
18
19 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
20 Florida but shall not become effective until approved by the Florida State Land
21 Planning Agency and, if appealed,until the appeal is resolved pursuant to Chapter
22 120 of the Florida Statutes.
23
24 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The
25 provisions of this Ordinance shall be included and incorporated on to the Official
26 Land Use District Map of Monroe County.
27
28 Section 7. Effective Date. This ordinance shall become effective as provided by law and
29 stated above.
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33 THIS SPACE IS INTENTIONALLY LEFT BLANK
34
35 SIGNATURES ON THE FOLLOWING PAGE
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Ord. No. 034 - 2020 Page 3 of 4
File 2019-221
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the 16th day of September . 2020 .
3
4 Mayor Heather Carruthers Yes
5 Mayor Pro Tern Michelle Coldiron Yes
6 Commissioner Craig Cates Yes
7 Commissioner Sylvia Murphy Yes
8 MONROE COUNTY ATTORNEY Commissioner David Rice Yes
9 YID, TOfORM
10 DMA: 1b/A
11 BOARD OF COUNTY COMMISSIONERS
13 OF MONROE COUNTY, FLORIDA
14 H BY
15 = MAYO HE C RRUTHERS
17
18 A • ^" srr MADOK, CLERK
19 i
20
21 AS DEPUTY CLERK
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Ord.No. 034 -2020 Page 4 of 4
File 2019-221
Exhibit 1 to Ordinance# 034 -2020
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The Monroe County Land Use District is amended
as indicated above:
Land Use District change of a parcel of land in Ocean Reef having Real Estate Number 00081740-000100
from Urban Residential(UR)to Suburban Commercial(SC)with an Institutional Overlay. N
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ITIZEN
The Florida Keys Only Deily Newspaper,Est 1878
PO Box 1800,Key West FL 33041
P'(305)292-7777 ext 219 F:(305)2958025
*Qs/C keysnews corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 355377
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
NA\Li--t,wC LeW 1) ,who on oath says that he or she is
44,14 —\APL V"{I`4? 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' e said per.
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(Signature of Affient) / jilt- %/e
AF1 apt su d before me this? rdaY ofAupust 2020F
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(Nola fyublic ' tire`) Q.
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(Notary Publ c Printe Name) (Notary Seal) �""y"��, Sue nn Stamper
My commission expires „ u9 <h M COMMISSION 0 GG232802
EXPIRES:June 27,2022
Personally Known X Produced Identification_ 'm.^ Bonded btu 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):
ANQRDINANCE BY MONROE COUNTY BOARD E COUNTY COMMI$SIQNERS 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)
AN_9RDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMI�tR�ONERS 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 COUNTY !WARD OF.MUNIC 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 SEVERABILTY;
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.9RDINANCE 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 CQUNI)LB9ARA OF__CSLUNTY_OOMMMISSIONFR_S 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)
MAP1 MAP2
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):
AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY CQMNI IQNERS 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)
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 COUNTY 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)
ANORDINAN.CE 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 SEVERABIUTY; 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 MONR_OE_COUNTY BOARD QF COUNTY COMMISSIONERS 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)
MAP1 MAP2
.:u
0011111/00000100 0000171/0A00f00
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Please visit the Monroe County Website at w ,menreacg,u ty-fl,9ov 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 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."
A,pust 29,2020 Key wen Cheer.
;_ :57 Kevin Madok, CPA
,
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
September 22, 2020
Department of State
Administrative Code& Register
500 S Bronougln Street
Tallahassee FL 32399-0250
To Whom It.May Concern,
Attached is an electronic copy of Ordinance No. 034-2020 amending die Monroe County
land Use District (Zoning) Map from Urban Residential (FJR) to Suburban Commercial (SC) /
Institutional (INS) Overlay, for property located at 32 Ocean Reef Drive, Key :Iargo, 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 die Secretary of State; providing for amendment to(he land
Use District (Zoning) Map; providing for an effective date (File 2019-221).
'Fhis 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
the Circuit Court& Comptroller&
ex-ollicio to die Monroe County
Board of County Commissioners
Inv Pamela G. Hancock, D.C:
•
cc: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PWROTH 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. 034-2020, 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