Ordinance 003-20221
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 003 -2022
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT ("ZONING") MAP FROM MIXED USE ("MU") TO
DESTINATION RESORT ("DR") FOR PROPERTY LOCATED AT 6000
PENINSULAR AVENUE, STOCK ISLAND, MONROE COUNTY,
FLORIDA, LOCATED AT MILE MARKER 5, CURRENTLY HAVING
PROPERTY IDENTIFICATION NUMBER 00127480-000000, AS
PROPOSED BY BART SMITH AS AGENT FOR SH MARINAS 6000, LLC;
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.
WHEREAS, on February 24, 2020, the Monroe County Planning and Environmental
Resources Department received an application from Bart Smith of Smith/Hawks PL (the "Agent")
on behalf of SH Marinas 6000, LLC ("applicant") to amend the Land Use District (`Zoning") Map
from Mixed Use ("MU") to Destination Resort ("DR") for property located at 6000 Peninsular
Avenue, Stock Island, Monroe County, Florida, located at mile marker 5, currently having property
identification number 00127480-000000 (the "property"); and
WHEREAS, in accordance with Monroe County Land Development Code ("LDC")
Section 102-159(a), two (2) community meetings were held on August 6, 2020 and August 11,
2021 to discuss the proposed Land Use District (`Zoning") Map amendment and to provide for
public participation; and
WHEREAS, the Monroe County Development Review Committee ("DRC") considered
the proposed amendments at a regularly scheduled meeting held on August 25, 2020; and
WHEREAS, at a regularly scheduled meeting held on November 16, 2021, the Monroe
County Planning Commission held a public hearing for the purpose of considering the proposed
amendment to the Land Use District (`Zoning") Map and provided for public comment; and
Ord. No. 003 - 2022 Page 1 of 4
File 2020-037
I WHEREAS, the Monroe County Planning Commission adopted Planning Commission
2 Resolution No. P27-21 recommending approval of the proposed Zoning map amendment; and
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4 WHEREAS, at a regularly scheduled meeting held on the 16Ih day of February, 2022, the
5 Monroe County Board of County Commissioners held a public hearing, considered the Monroe
6 County Planning and Environmental Resources Department's professional staff report, and
7 provided for public comment and public participation in accordance with the requirements of state
8 law and the procedures adopted for public participation in the planning process; and
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WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following findings of fact:
1. Prior to the 1986 adoption of the County's current land development regulations and
their associated land use district maps, the subject property was within the BU-3 (heavy
business district) and GU (general use) zoning districts;
2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for
all areas of the unincorporated county, and the subject property was zoned Mixed Use
(MU);
3. The proposed map amendment is consistent with the provisions of the Monroe County
Code:
a. As required by LDC § 102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
adverse change in community character, as analyzed in the Monroe County
Year 2030 Comprehensive Plan;
b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to
changed assumptions and new issues; and
4. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2030 Comprehensive Plan:
a. The Destination Resort (DR) Land Use (Zoning) District corresponds with the
Mixed Use / Commercial (MC) Future Land Use Map designation and is
consistent with the respective density and intensity standards as set forth in
Policy 101.5.25;
b. The Destination Resort (DR) Land Use (Zoning) District is consistent with the
purpose of the MC Future Land Use Map designation, as set forth in Policy
101.5.6; and
5. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following legal conclusions and determinations:
1. The proposed map amendment is consistent with the provisions of the Monroe County
Code:
Ord. No. 033 - 2022
File 2020-037
Page 2 of 4
I a. As required by LDC § 102-158, the map amendment does not relieve particular
2 hardships, nor confer special privileges or rights on any person, nor permit an
3 adverse change in community character, as analyzed in the Monroe County Year
4 2030 Comprehensive Plan;
5 b. As required by LDC § 102-158(d)(7)(b.), the map amendment is needed due to
6 changed projections, changed assumptions, new issues, recognition of a need for
7 additional detail or comprehensiveness, and data updates; and
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9 2. The proposed map amendment is consistent with the provisions and intent of the
10 Monroe County Year 2030 Comprehensive Plan:
11 a. The Destination Resort (DR) Land Use (Zoning) District corresponds with the
12 Mixed Use / Commercial (MC) Future Land Use Map designation and is consistent
13 with the respective density and intensity standards as set forth in Policy 101.5.25;
14 b. The Destination Resort (DR) Land Use (Zoning) District is consistent with the
15 purpose of the MC Future Land Use Map designation, as set forth in Policy 101.5.6;
16 and
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18 3. The proposed map amendment is not inconsistent with the Principles for Guiding
19 Development in the Florida Keys Area of Critical State Concern;
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21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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24 Section 1.
The Monroe County Land Use District (Zoning) map is hereby amended as follows:
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The property located at 6000 Peninsular Avenue, Stock Island, Monroe County,
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Florida, currently having property identification number 00127480-000000, shall
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be designated as Destination Resort (DR) as shown on Exhibit 1, attached hereto
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and incorporated herein.
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31 Section 2. Construction and Interpretation. This Ordinance, being necessary for the health,
32 safety, and welfare of the residents of and visitors to the County, shall be liberally
33 construed to effect(uate) the public purpose(s) hereof. Interpretation of this
34 Ordinance approved hereto shall be construed in favor of the Monroe County Board
35 of County Commissioners, and such construction and interpretation shall be
36 entitled to great weight in adversarial administrative proceedings, at trial, in
37 bankruptcy, and on appeal.
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39 Section 3. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
40 any provision of this Ordinance, or any portion thereof, is held to be invalid or
41 unenforceable in or by any administrative hearing officer or court of competent
42 jurisdiction, the invalidity or unenforceability of such provision, or any portion
43 thereof, shall neither limit nor impair the operation, enforceability, or validity of
44 any other provision, or any remaining portion(s) thereof. All other provisions, and
45 remaining portion(s) thereof, shall continue unimpaired in full force and effect.
Ord. No. 003 - 2022 Page 3 of 4
File 2020-037
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Section 4. 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 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. § 380.05(11) and F.S. § 380.0552(9).
Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land
Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
120 of the Florida Statutes.
Section 7. Inclusion on the Monroe County Code's Official Land Use District Map. The
provisions of this Ordinance shall be included and incorporated on to the Official
Land Use District Map of Monroe County.
Section 8. Effective Date. This ordinance shall become effective as provided by law and
stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of February , 2022.
Mayor David Rice
Yes
Mayor Pro Tem Craig Cates
Yes
Commissioner Michelle Coldiron
Yes
Commissioner District Three
VACANT
Commissioner Holly Raschien
Yes
J
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C L
o_
BY:
MAYOR DAVID RICE
r
KEVIN MADOK, CL RK
iAONROE COUNTY ATTORNEY
AP VED S�TO FORM
�... Y. .,..� Da,®:
AS DEPUTY CLERK
Ord. No. 003 - 2022 Page 4 of 4
File 2020-037
KEYV
ru
ZEN
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: 423741 Ticket: 3831080
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
Vt�--� % -tii (�, , who on oath says that he or she is
of the Key West Citizen, a five day
newspaper published in Key West, in Monroe County, Florida; that the attached
copy of advertiement, being a legal notice in the matter of was published in said
newspaper in the issues of. -
Saturday, January 29, 2022
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 Tuesday thru
Saturday weekly, 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, rate, commission re and for the purpose of securing this advertise-
rpont for p lic*i0 in the saiA spaper.
of
before me this 2nd day of February 2022
Name) (Notary Sea])
My commission expires _r�CSl t�
Personally Known, X Produced Identification _
Type of Identification Produced
,..�y:�,� Suelynn Stamper
=��'-_ COM SSION # GG232802
EXPIRES: June 27, 2022
Bonded lhru Aaron Notary
[legal.text]
NOTICE IS HEREBY GIVEN that on Wednesday, February 16, 2022, the Monroe County Board of
County Commiselonem will hold a Public Meeting, beginning at 0900 AM. The BOCC meeting will
be a hybrid format with the County Commission members meeting Live In Key Wrest. The public will be
able to participate via Zoom Wwabinar. The following Iterns will be considered at a PUBLIC MEETINGS:
PUBLIC HEARINGS., 1130 PM for as soon thereafter as may be heard).
AMENDING TILE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM MIXED USE
(MU) TO DESTINATION RESORT (DR), FOR PROPERTY LOCATED AT 6000 PENINSULAR AVE.,
STOCK ISLAND„ MILE MARKER 5, MONROE COUNTY, FLORIDA, HAVING PARCEL. ID NUMBER
00127480-000000, AS PROPOSED BY SMITH / HAWKS, PL ON BEHALF OF SH MARINAS 6000,
LLO; 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 AMENDMEN'PTTO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING;
FOR AN EFFECTIVE DATE. (FILE 2020-037)
A PUBLIC HEARING CONCERNING A REQUEST FOR A DEVELOPMENT"
AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND SH MARINAS 6000, LLC. AS IT RELATES
TO THE REDEVELOPMENT OF A MARINA Arm ONE HUNDRED AND SEVEN (I07) MARKET -RATE
DWELLING UNITS, UP TO FORTY-ONE (41) TRANSIENT HOTEL DWELLING UNITS AND ACCESSORY
STRUCTURES/USES THERETO, ON THE PROPERTY. NO STRUCTURES WILL BE HIGHER THAN 40
FEET PURSUANT TO SECTION 131-2(B) OF THE MONROE COUNTY LAND DEVELOPMENT CODE,
THE SUBJECT PROPERTY IS DESCRIBED AS A PARCEL. OF LAND IN SECTIONS 36, TOWNSHIP
67 SOUTH, RANGE. 25 EAST, .STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING PARCEL: ff)
NUMBER 00127450.000000 (FILE 2020-04' )
' EN L 6 MA.O NAM.GB, IMF .5�9`d� #Sk,AN�? I
A PUBLIC HEARING CONCERNING, A REQUEST' FOR. AN AMENDMENT
TO A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND BANYAN GROVE
RESIDENCES, LTD, AS IT RELATES TO A TIME EXTENSION OF THE, AGREEMENT AND TO CLARIFY
THE TRANSFER OF MARKET -RATE DWELLING UNITS, AS WAS PREVIOUSLY ALLOWED UNDER
LAND DEVELOPMENT REGULAi ONS AT THE TIME OF THE ORIGINAL AGREEMENT, THE HEIGHT
OF THE STRUCTURES IS NOT AMENDED W17H THIS REQUEST THE SUBJECT PROPERTY 15
DESCRIBED AS LOTS S THRU 16, AND A PORTION OF LOTS 4 AND 17. -SQUARE 29. AS SHOWN
PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY'FLORIDA., HAVING PAROEEL ID NUMBER
00124144-OOO000" (FILE 2O21-027)
MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES RULE OF THE
SOUr-p FLORIDA WATER MANAGEMENT DISTRICT (40E-24, FA.C".); PROVIDING DEFINITIONS;
PROVIDING FOR THE APPLICABILITY OF THE ORDINANCE; PROVIDING THE LANDSCAPE
IRRIGATION SCHEDULE; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULE;
PROVIDING FOR A RQUIREMENTTOOPERAB'ETECHNOLOGYTHATINHIBITSORINTERRUPTSAN
iRRIGATIONSYSTEMDURING PERIODSOFSUFFIGIEN1MOI TI,IRE;PROVIDINGFORSEVERABIUTY;
PROVIDING FOR REPEAL OF CONFLICTING PROW IONS, PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE t, rF
Please visit the Monroe County Wobsite a1 W YW [PtC 1 eR, A,LipV 1i.ggyfor meeting agenda updates and
Information the various options available to the public to vlow the live meeting and/or to snake
public comments on certain agerida items.
Pursuant to Section 286,0105 Florida Statuterc, lfa person decides to appear any docision of the Board
of County Commissioners, with respect to any matter, considered at the meeting or hearing, he or she
will need n record of the proceedings, and that, for such purpose, bra or .she may need to ensure a
verbatim record of the proceedings Is made, which record Includes the test9rriony & evidence upon ,
which the appeal is to be based: '
AGDA AS$IETAN E. if your are a person with a dlsobfillr who needs special accommodations W.
order to porUcipate, In this proceeding, please contact the County Admlolsfratal s Office, by
phoning (j 292-444 1, between the hours of 8:30 a.m. • 640 p.m, no later dawn five (S) calendar
days prior to the scheduled meeting„ if you are hearing or voice impaired,, call 1711."
du—Y M2= Keay Wnn9 C01—
GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
o p Y,
E cOVN
March 9, 2022
Departunent of State
Adiiiiiiistrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordn7ance No. 003-2022 amendn7g the Monroe County Land Use
District ("Zoning") Map from Mixed Use ("MU") to Destination Resort ("DR") for property
located at 6000 Peninsular Avenue, Stock Island, Monroe Comity, Florida, located at mile marker
5, currently haNring property identification nuunber 00127480-000000, as proposed by Bart Smith
as agent for SH Mariiias 6000, LLC; provriduig for severability; prov"di ig for repeal of conflicting
provrisions; provriduig for transmittal to the State Land Plaimi ig Agency and the Secretary Of State;
proNriduig for Aunendunent to the Land Use District (Zoning) Map; pro�"1 1 for an effective date.
This Orduiance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held iii formal session, on February 16, 2022. 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
bp.• Pamela G. Hancock, D. C.
cc: Plaimi ig & Lnvirorimental
County Aduninistrator
County Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
W 197.'m i
RON DESANTIS
Governor
March 9, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Mr. Madok:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 003-2022, which was filed in this office on March 9,
2022.
Sincerely,
Anya Owens
Program Administrator
• all
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270