Ordinance 017-2022 �3,
2
3
4 ICE
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 017 -2022
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
13 DISTRICT (ZONING) MAP TO APPLY THE SAFE HARBOR
14 COMMUNITY CENTER (SHCC) OVERLAY DISTRICT FOR
15 PROPERTIES LOCATED AT APPROXIMATELY MM 5, 5700 4TH AVE.,
16 6460 FRONT ST.,5550 5TH AVE., 6811 SHRIMP RD., 5550 5TH AVE.,5550
17 5TH AVE 1-10, 6630 FRONT ST., 6500 FRONT ST., 6840 FRONT ST., 6805
18 SHRIMP RD., 6803 SHRIMP RD., 6991 SHRIMP RD., 7009 SHRIMP RD.,
19 7007 SHRIMP RD., 7011 SHRIMP RD., 7025 SHRIMP RD., 7075 SHRIMP
20 RD., 7005 SHRIMP RD., BAY BTM. OF SHRIMP RD., 7821 SHRIMP RD.,
21 6810 FRONT ST., AND 7001 SHRIMP RD.; STOCK ISLAND, AS
22 PROPOSED SMITH/HAWKS PL ON BEHALF OF BEHALF OF BAMA
23 ONE, LLC; BERNSTEIN BENJAMIN RESIDUARY TR B U/T/T;
24 BERNSTEIN BENJAMIN TRUST B; BYRON COLLEY AND TONITA A
25 DAVIS H/W; CONSTELLATION YACHTS, INC.; HARBOR BAY
26 INVESTMENTS, LLC; JKYD, LLC; K W RESORT UTILITIES CORP,;
27 KEY WEST TRANSFER STATION & HAULING SERVICE, INC,; KEYS
28 FRESH SEAFOOD, LLC; LONGSTOCK II, LLC; ROBBIE'S SAFE
29 HARBOR MARINE ENTERPRISES; SAFE HARBOR ENTERPRISES,
30 LLC; SAFE HARBOR PROPERTIES, LLC AND SIMV HOTEL 1, LLC;
31 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
32 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
33 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
34 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
35 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
36 (FILE 2019-062)
37
38
39
40 WHEREAS, on April 19, 2019, the Planning and Environmental Resources Department
41 received an application from Barton W. Smith of Smith/Hawks PL (the "Agent") on behalf of
42 Bama One, LLC; Bernstein Benjamin Residuary TR B U/T/T;Bernstein Benjamin Trust B;Byron
43 Colley and Tonita A Davis H/W; Constellation Yachts, Inc.; Harbor Bay Investments, LLC;
44 7KYD, LLC; K W Resort Utilities Corp,; Key West Transfer Station & Hauling Service, Inc,;
45 Keys Fresh Seafood, LLC;
Ord. No.017- 2022 Page 1 of 5
File 2019-062
I Longstock II,LLC;Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises,LLC;
2 Safe Harbor Properties, LLC and SIMV Hotel 1, LLC (the "Applicants,") to amend the Official
3 Land Use District (Zoning) Map for properties located at approximately MM 5, 5700 4th Ave.,
4 6460 Front St., 5550 5th Ave., 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-10, 6630 Front
5 St., 6500 Front St., 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991 Shrimp Rd., 7009
6 Shrimp Rd., 7007 Shrimp Rd., 7011 Shrimp Rd., 7025 Shrimp Rd.,7075 Shrimp Rd.,7005 Shrimp
7 Rd., Bay Btm. Of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St.; and
8
9 WHEREAS,the Applicants have also requested a corresponding Text Amendment to the
10 Monroe County Land Development Code to establish a new overlay district within Stock Island,
11 the Safe Harbor Community Center (SHCC), to implement goals, strategies and action items of
12 the Monroe County Comprehensive Plan, the Stock Island and Key Haven Livable CommniKeys
13 Master Plan and the Stock Island Harbor Preservation/Redevelopment and Intra-Island Corridor
14 Enhancement Plan through the development of a purpose and intent, boundary, transfers of
15 nonresidential square footage into the SHCC, permitted and conditional uses, maximum density
16 for hotel/motel and minimum open space, maximum nonresidential land use intensities and district
17 open space, parking, setbacks and signage (Planning Department File 2018-169); and
18
19 WHEREAS, in accordance with LDC Section 102-159(a), two (2) community meetings
20 were held on June 30, 2020, and December 1, 2021, to discuss the proposed Land Use District
21 (Zoning)Map amendment and to provide for public participation; and
22
23 WHEREAS,the Monroe County Development Review Committee(DRC) considered the
24 proposed amendments at a regularly scheduled meeting held on December 14, 2021; and
25
26 WHEREAS, at a regularly scheduled meeting held on January 26, 2022, the Monroe
27 County Planning Commission held a public hearing for the purpose of considering the proposed
28 amendment to the Land Use District(Zoning)Map and provided for public comment; and
29
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P06-22
31 recommending approval of the proposed Zoning map amendment; and
32
33 WHEREAS, at a regularly scheduled meeting held on the 17th day of August, 2022, the
34 Monroe County Board of County Commissioners held a public hearing, considered the staff report,
35 and provided for public comment and public participation in accordance with the requirements of
36 state law and the procedures adopted for public participation in the planning process; and
37
38 WHEREAS, based upon the documentation submitted and information provided in the
39 accompanying staff report, the BOCC makes the following Findings of Fact:
40
41 1. The proposed map amendment is consistent with the provisions of the Monroe County
42 Code:
43 a. As required by MCC §102-158,the map amendment does not relieve particular
44 hardships, nor confer special privileges or rights on any person, nor permit an
Ord. No.017- 2022 Page 2 of 5
File 2019-062
I adverse change in community character, as analyzed in the Monroe County
2 Year 2030 Comprehensive Plan;
3 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to
4 changed assumptions and new issues; and
5 2. The proposed map amendment is consistent with the provisions and intent of the
6 Monroe County Year 2030 Comprehensive Plan:
7 3. The proposed map amendment is consistent with the Principles for Guiding
8 Development in the Florida Keys Area of Critical State Concern;
9
10 WHEREAS, based upon the documentation submitted and information provided in the
11 accompanying staff report, the BOCC makes the following Conclusions of Law:
12
13 1. The proposed LUD amendment is not anticipated to adversely impact the community
14 character of the surrounding area;
15 2. The proposed LUD amendment is not anticipated to adversely impact the
16 Comprehensive Plan adopted Level of Service (LOS);
17 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
18 of the Monroe County Year 2030 Comprehensive Plan;
19 4. The proposed LUD amendment is consistent with the Stock Island / Key Haven
20 Livable CommuniKeys Plan;
21 5. The proposed LUD amendment is consistent with the Principles for Guiding
22 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.);
23 and
24 6. The proposed LUD amendment is consistent with Part II of Chapter 163, Florida
25 Statutes (F.S.).
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
29
30 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows:
31 to apply the Safe Harbor Community Center (SHCC) overlay district to properties
32 located at approximately MM 5, 5700 4th Ave., 6460 Front St., 5550 5th Ave.,
33 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-10, 6630 Front St., 6500 Front
34 St., 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991 Shrimp Rd., 7009
35 Shrimp Rd., 7007 Shrimp Rd., 7011 Shrimp Rd., 7025 Shrimp Rd., 7075 Shrimp
36 Rd., 7005 Shrimp Rd., Bay Btm. Of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St.,
37 as shown on Exhibit 1, attached hereto and incorporated herein.
38
39 Section 2. Construction and Interpretation. The construction and interpretation of this
40 ordinance and all Monroe County Comprehensive Plan provision(s), Florida
41 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
42 interpretation arises out of, relates to, or is interpreted in connection with this
43 ordinance shall be liberally construed and enforced in favor of Monroe County, and
Ord. No. 017- 2022 Page 3 of 5
File 2019-062
I shall be construed in favor of the BOCC and such construction and interpretation
2 shall be entitled to great weight in adversarial administrative proceedings, at trial,
3 bankruptcy, and on appeal.
4
5 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
6 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
7 governmental, and any other similar defense, immunity, exemption, or protection
8 against any suit, cause-of-action, demand, or liability.
9
10 Section 4. Severability. If any provision of this ordinance, or any part or portion thereof, is
11 held to be invalid or unenforceable by any administrative hearing officer or court
12 of competent jurisdiction, the invalidity or unenforceability of such provision, or
13 any part or portion thereof, shall neither limit nor impair the operation,
14 enforceability, or validity of any other provision of this ordinance, or any remaining
15 part(s) or portion(s) thereof. All other provisions of this ordinance, and remaining
16 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section 5. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
19 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
20 shall not repeal the repealing clause of such ordinance or revive any ordinance
21 which has been repealed thereby.
22
23 Section 6. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
24 Agency as required by F.S. 380.05(11) and F.S. 3 80.05 52(9).
25
26 Section 7. Filin . This ordinance shall be filed in the Office of the Secretary of the State of
27 Florida but shall not become effective until approved by the Florida State Land
28 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
29 120 of the Florida Statutes.
30
31 Section 8. Inclusion on the Monroe County Code's Official Land Use District May. The
32 provisions of this Ordinance shall be included and incorporated on to the Official
33 Land Use District Map of Monroe County.
34
35 Section 9. Effective Date. This ordinance shall become effective as provided by law and
36 stated above, and contingent on adoption and effectiveness of the corresponding
37 Land Development Code text amendment establishing the Safe Harbor Community
38 Center(SHCC) overlay district.
39
40
Ord. No. 017- 2022 Page 4 of 5
File 2019-062
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the 17th day of August •2022.
3
4 Mayor David Rice Yes
5 Mayor Pro Tem Craig Cates Yes
6 Commissioner Michelle Coldiron Yes
7 Commissioner James K. Scholl Yes
8 Commissioner Holly Merrill Raschein Yes
9
10
11 to 0 caco; BOARD OF COUNTY COMMISSIONERS
12 . OF MONROE COUNTY, FLORIDA
1 . 07,s. 4 BY
1 - J aA MAYOR DAVI CE
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17 1.."strop t i7fr,,,,.` bl A E UNT Rh9EY
18 W.M ".•'" VIN MADOK, CLERK onto:.. i'A1119
19 20 U
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21 AS T� PUTY ERK
22
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Ord.No. 017-2022 Page 5 of 5
File 2019-062
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
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3856671
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per 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 newspa-
per in the issues of:
Saturday,July 30,2022
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, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
.
(Signature ofAffiant)
Affirmed and subscribed before me this 10th day of August 2022
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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Deal on Capitol Hill could
ease seniors health costs EDMON uu�H�uu
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BY MATT SEDENSNY AND to bring relief to millions of expert with the nonpartisan Yd � •ri I E KEYS
CARLA N.JOHNSON people Kaiser Family Foundation
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A deal on Capitol Hill M dcare beneficiaries No ofmakmg major An
to •. .,,,;�/� ""`
that could cut prescription such limit exists today,and the Medicare drug benefit
drug costs for millions of some older people on costly that could provide significant MONROE COUNTY BOARD 0 F COUNTY
Medicare beneficiaries herbo was,lder drugs can run up dAFLOObills of tells help to people struggling COMMISSIONERS NOTICE OF PUBLIC MEETING
Acautiously cheered 6y older of thousands ofdollars. with their drug costs."
mericaiisandtheir advo- •It would give Medicare,for If passed,ail estimated AND NOTICE OF PUBLIC HEARING NOTICE OF
cares Thursday even as many the first lime,the ability to 4.1 million Medicare belle- CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
Tied it might never come directly negotiate with phar- ficiaries would start getfing
to It ceutical companies met free vaccines as soon as next NOTICE OF CHANGE TO MONROE COUNTY
The health cue mid chmate the price of drugs,though the year,Neuman said.Drug LAND DEVELOPMENT CODE
agreement struck by Senate number of medications sub- companies would also be
Majority Leader Chuck jectto the provisionwould be required to start giving the NOTICE OF CHANGE TO MONROE COUNTY
Schumer and Democratic. limited rebatesnextyear. LAND USE DISTRICT(ZONING)MAPS
Sen.Joe Manchin includes •It would create a new"fit- other proposals would
landmark provisions that fiation rebate"requiring drug take longer to kick in.The AUGUST 17,2022
co
uld help senior citizens, companies to give refunds to cap on out-of-pocket spend-
including a cap on out-of- Medicare beneficiaries for in- ing--estimated to help NOTICE IS HEREBY GIVEN that on Wednesday Auaus 17 2022 the Manr°e C.U*Baaa Of C.s*Cammisianers
pocket Medicare drug costs creases in prescription drug 1.�15 million people--would 'MII hold a Public Meeting,beginning at 09.00 AM.The BOCC meeting will be a hybrid format with the County
Commission members meeting live in Key West.The public will be able to paNcipate via Zoom Webinar.The
and a requirement that the prices that exceed the rate of start in 2025.And in 2026,the following items will be con,itleatl at a PUBLIC MEETING:
government egotiate pricesinflation, government would be able PUBLIC HEARINGS'1'30 PM far as soon there after as avbe heard:
mehigh-costdrugs. •It would provide coverage of to start negotiating prices, m
oilSome of the is s ad- es for senior citizens. beginning with 10 drugs and AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING EVALUATION
AND APPRAISAL AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND CHAP-
dressed in the deal have Some Medicare beneficia- i acing to 20 by 202N. TER 10,INTRODUCTION AND BACKGROUND,AMEND CHAPTER 2.0,INCLUDING 21 GENERAL COUNTY
been talked about for de- ties have had to pay out of nMedicare can't currently ELEMENT AND CREATING 22 PRIVATE PROPERTY RIGHTS ELEMENT,AMEND CHAPTER 3 0,INCLUDING
cades and proved elusive But pocket for recommended negotiate drug prices with 31 TUTU
RE LAND USE ELEMENT,32 CONSERVATION AND COASTAL MANAGEMENT ELEMENT,33 TRAFFIC
Manchin's backing brought im tizations,such as the pharmaceutical companies, CIRCULATION ELEMENT,3 4 MASS TRANSIT ELEMENT,3 5 PO RTS,AVIATION AND RELATED FACILITIES EL-
EMENT,30 HOUSING ELEMENT,3 7 POTABLE WATER ELEMENT,3 8 SOLID WASTE ELEMENT,30 SANITARY
Ilew optimism to many who one against shingles. leaving taxpayers on the SEWER ELEMENT,310 DRAINAGE ELEMENT,311 NATU EVIL GROUNDWATER AQUIFER RECHARGE ELEMENT,
have lobbied and prayed for one
proposals were hook to pay for whatever the 312 RECREATION AND OPEN SPACE ELEMENT,313 INTERGOVERNMENTAL COORDINATION ELEMENT,
relief. more generous and,along companies charged,said Bill 314 CAPITAL IMPROVEMENTS ELEMENT,AND 315 ENERGY,RESILIENCVAND CLIMATE ELEMENT,AND TO
"We worry constantly,'Will the way,provisions to pay for Sweeney,a senior vice pi'esi- AMEND DEFINITIONS WITHIN THE GLOSSARY,TO UPDATE THE TEXT OF THE COMPREHENSIVE PLAN TO
REFLECT CHANGES IN STATUTORY AND RULE REQUIREMENTS,TO UPDATE DEADLINES WITHIN THE COM
-
webeabletoaffordthis"" r citizens'glasses,hear- dent at Ak PREHENSIVE PLAN,TO ELIMINATE ACCOMPLISHED OR OBSOLETE PROVISIONS,TO MAKE CORRECTI 0NS TO
said Becky Miller,a 67-year- ling aids and dental care were "Why would we create a TEXT AND ELIMINATE GRAMMATICAL ERRORS,ANDTOAMENDPROVISIONSTOREFLECTCHANGESINLO
-
old retired teacher from trimmed But news of a pos- situation where we're at the CAL COND ITIONS AND RECENT DATA TRENDS ISSUES AN D CHALLENGES,AND TO UPDATE MAP ATLAS MAP
Bradenton, PLorida, who Bible deal still drew applause mercy of the drug comps- SERIES3-7(COASTAL HIGH HAZARD AREA)TOBECONSISTENTWITHTHEFLORIDADIVISIONOFEMERGEN
-
dthousandsofdollars "This would nonetheless rues to whatever the PROVIDINGMA FOR TS REPEAL OF TO CONFLICTING
H MODEL OVISIOORMONROECOUNTY,PROM D ING FORSEVERABILITY,
spans paw y PROVIDING FORREPEALOFCONFLICTINGPROVISIONS,PROVIDING FORTR/WSMITTAL TO THESTATE LAND
each year for drugs to treat be transformational,just not charge?"he asked- PLANNING AGENCVAND THE SECRETARVOF STATE,PROVIDING FORAMENDMENT TO AND INCORPORATION
epilepsy,heart problems and as transformational,"said The Senate is expected IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE(FILE 2021-129)
an inflammatory disease that David Lipschutz,associate Co vote on the wide-ranging AN ORDINANCE BYTHE MONK OE COUNTYBOARDOFCOUNTYCOMMISSIONERSAMENDING POLICV212.24
affects her spine director of the nonparty- m text week, but OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO ALLOW CERTAIN ACCESSORY STRUCTURES
She is afraid the powerful s n Center for Medicare with s the chamber divided WITHIN THE SHORELINE SETBAC K,PROVID NO FOR SEVEMBILITY,PROVIDING FOR REPEAL OFCONFLICT
ING PROVISIONS,PROVIDING FOR TRANSMITTALTO THE STATE LAND PLANNING AGENCVAND THE SECRE
pharmaceutical lobby might Advocacy. "It might not 50-50 and the Republicans -
-
11 OF STATE,PROVIDINGFORAMENDMENTTOANDINCORPORATIONINTHEMONROECOUNTVCOMPRE-
still thwart the plan,but said, have been everything that staunchly opposed, the HENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE(FILE 2021-067)
"If this goes through,it will everyone hoped for h'om the Democrats will have 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 118-
help a lot of people" beginning,but this is none- votes to spare A House vote 12 OF THE MONROE COUNTY LAND DEVELOPMENT CODE TO ALLOW CERTAIN ACCESSORY STRUCTURES
Several prongs of the theless a huge step" would follow,perhaps later in WITHIN THE SHORELINE SETBACK,PROVIDING FOR SEVEMBILITY,PROVIDINGFORREPEALOFCONFLICT
-
proposaL have the potential 71'icia Neuman,aMedicai'e August. ING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SEC-
RETARY OF STATE,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE,PROVIDING F0RAN EFFECTIVE DATE(FILE 2021-068)
NOTICE OF PUBLIC HEARING CWI KEYS HOTEL LLC 61 HAWKS CAY BOULEVARD DUCK KEY MILE MARKER 61 A PUBLIC HEARING
C ONCERNINGA REQUEST FORA CHANGE(AMENDMENT)TOA DEVELOPMENT OF REGIONAL IMPACT(DRI).
ON PROPOSED ORDINANCE T HE REQUESTED CHANGE RELATES TO THE RELOCATION OF EXISTING SQUARE FOOTAGE AVAILABLE FOR
EXPANSION FROM DEVELOPMENT CORRIDOR 4 AND THE CONVENTION FACILITIES TO THE COMMERCIAL
MARINAAREAAND RECOGNITION OF NONCONFORMING SQUARE FOOTAGE IN ORDER TO REDEVELOP AND
The City Commission of the City of Key West,Florida,will consider EXPANDTHEMARINASTORE LOCATEDATTHE DEVELOPMENTSITE COMMONLY KNOWNAS HAWKSCAY THE
SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND IN SECTION 21,TOWNSHIP 65 SOUTH,RANGE
the following Ordinance for Second Reading at a meeting and public 34 EAST,DUCK KEY,MONROE COUNTY,FLORIDA,HAVING PARCEL IDENTIFICATION NUMBERS 00378390-
hearing to be held at 5:00 p.m.,or as soon thereafter as the matter 000000,00378380-000000,AND 00378380 000102(FILE 2022-139)
may be heard,on August 16,2022 at City Hall,1300 White Street. AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-140 SAFE HARBOR COMMUNITY CENTER OVERLAY
(SHCC),ESTABLISHING PURPOSE AND INTENT,PERMITTED USES,DENSITYAND INTENSITY,OFF STREET
PARKING,REQUIRED SETBACKS,SIGNAGEAND THE BOUNDARY OF THE OVERLAY DISTRICT WHICH IS GEN-
ORDINANCE NO. ERALLY COMPRISED OF CERTAIN AREA ON STOCK ISLAND,MONROE COUNTY,FLORIDA,BOUNDED BY
FRONT STREET TO THE EAST,FOURTH AVENUE TO THE NORTH,FIFTH AVENUE TO THE NORTH,SHRIMP
ROAD TO THE WESTAND SHRIMP ROAD TO THE SOUTH BUT EXCLUDING CERTAIN PROPERTY OWNED By
THE UTILITY BOARD OF THE CITY OF KEY WESTAND CERTAIN PROPERTY OWNED BY THE FLORIDA KEYS
AWE UCTAUTHORITY BOUNDED BY FRONT STREET TO THE EAST,AS PROPOSED BV SMITWTAW KS,PL ON
BEHALF OF LONGSTOCK IL LLC PROVIDING FORSEVEMBILITY,PROVIDINGFOR REPEALOF CONFLICTI NG
An Ordinance of the City of Key West,Florida,amending Chapter PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCV AND THE SECRETARY
OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE,PROVIDING FOR AN EFFECTIVE
108 of the Land Development Regulations,entitled"Planning and DATE(FILE 2018-169)
Development';Article XI
l entitled"Workforce-Affordable Housing AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
Initiative';Section 108-1153 entitled,"Period of allocation and dis- COUNTY LAND USE DISTRICT(ZONING)MAP TO APPLY THE SAFE HARBOR COMMUNITY CENTER(SHCC)
tribution';to rovide for Building Permit AllocationSystem units OVERLAY DIST RICTFOR PROPERTIES LOCATED AT APPROXIMATELY Mal 5,57004THAVE.,6460 FRONTST.,
P g 55505THAVE.,6811 SHRIMP RD.,55505THAVE.,55505THAVEI-10,6630 FRONTST.,6500 FRONTST,6840
for the properties at 241 Trumbo Road(RE#00001720-000100) FRONT ST.,6805 SHRIMP RD.,6803 SHRIMP RD.,6991 SHRIMP RD.,7009 SHRIMP RD.,7007 SHRIMP RD.,
and240Trumbo Road(RE#00001720-000300);providing for con- 7011 SHRIMP RD.,7025 SHRIMP RD.,7075 SHRIMP RD.,7005 SHRIMP RD.,BAY ELM.OF SHRIMP RD.,7821
SHRIMP RD.,6810 FRONT STAND 7001 SHRIMP RD.,STOCK ISLAND,MONROE COUNTY,FLORIDA,HAVING
current and conditional adoption upon adoption of Comprehen- PARCEL DS 00123570-000000,00123770-000000,00127250-000000,00127280-000000,00127290-000000,
sive Plan amendments;providing for severability;providing for 00127380-000000,00127280-000200,00123730-000100,00123800-000101,00123800-000102 00123720-
000400,00123600-000101,00123600-000102,00123540-000000,00123761-000100,00123761-000200,
repeal of inconsistent provisions;providing for an effective date. 00123761-000300,00123761-000500,00123761-000600,00123761-000700,00123761-000800,001 2 3761
000900,00123761-001000,00123762-000000,00123660-000000,00123731-000000,00123590-000000,
AND 00123761-000400,AS PROPOSED BY BANIA ONE,LLC,BERNSTEIN BENJAMIN RESIDUARY TR B U/T/T,
BERNSTEIN BENJAMIN TRUST B,BYRON CO LLEVAND TONITAA DAVIS HAW,CONSTELLATION YACHTS,INC.,
This proposed ordinance may be read in its entirety by requesting HARBOR BAY INVESTMENTS,LLC,JKVD,LLC,K W RESORT UTILITIES CORP,KEVWEST TRANSFER STATION
a CO from the City Clerks Office b either phoning 305-309-3335 &HAULING SERVICE,INC,KEYS FRESH SEAFOQU,LLC,LONGSTOCK IL LLC',ROBBIES SAFE HARBOR MA-
PY y y P 9 RwE EN TER PRISES,SAFE HARBORENTERPRISES,LLC SAFE HARBOR PROPERTIES,LLC AND SIMV HOTEL
to request a copy or entailing cilofkeywest-fl.gov A full 1,LLC PROVIDING FORSEVEMBI U TY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING
CO will also be published with the August 1Q 2022 agenda ends at WNW. FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING
PY P 9 9 FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP',PROVIDING FORAN EFFECTIVE DATE(FILE
cityofkeywest-fl.gov.Any interested party who wishes to speak on this 2019-062)IS..Miss 1 Billawl
ordinance should contact the City Clerks Office prior to the meeting. MAP 1
Pursuant to F.S.286.0105,notice is given that if a person decides
L
to appeal any decision made by the Commission with respect to any
matter considered at such meeting or hearing,that person will need -'
a record of the proceedings,and that,for such purpose,that person e
may need to ensure that a verbatim record of the proceedings is
made,which record includes the testimony and evidence upon which
the appeal is to be based.
ADA ASSISTANCE:It is the policy of the City of Key West to comply
with all requirements of the Americans with Disabilities Act(ADA). Please vlau the maniac canmvwebaue at www.maniac°anmv-n.aavmrmeetmaaaenaanaaateaanammr-
Please call the TTY number at 1-800-955-8771 or for voice 1-800-955- °" naran the war°a °ran va'lable t°the°ubl's t°v'ew the I've meeTno antll°r t°make°ubl's
me�ia an°enam aaenna uema.°
8770 or the ADA Coordinator at 305-809-3811 at least five business Pursuantm seoaon 2e6 oloa Hondasmwte°,iraperaon deddeamappeal arty deoi°ion or me eoam oreounry
days in advance for sign language interpreters,assistive listening eommi°alone",with,,pentt,ony-heroonstde"d atUc-incol-h-ingInc-he will needs",odor
the pmceeding°,and mat,torauch puwose,he orshe mayneed m ensu"ave,naam"cod of the pmoeeaing°
devices,or materials in accessible format. s made,whoh",o d nudes the tesamonya evidence upon which the appeal"m be based.
ADAASSISTANCE.If you as ape"on with a Aissbility who needs special a000mmoAations in orderto participate
in this proceeding,please contact the County Administ"tor's Office,by phoning(305)292-4441,between the
hou"of 8.30 sun-500 p.rn no later than live(5)calendar days pri or to the scheduled meeting if you as
hearing orvoice impai,d an"711"
Cheryl Smith,MMC,CPM
City Clerk
Publish:Saturday,July 30,2022 The Key West CuiR,n(a867) Publish Satu relay,July 30 2022
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
August 30, 2022
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance No. 017-2022 by the Monroe County Board of County
Commissioners amending the Monroe County Land Use District (Zoning) Map to apply the Safe
Harbor Connniunity Center (SHCC) Overlay District for properties located at approximately MM
5, 5700 4th Ave., 6460 Front St., 5550 5th Ave., 6811 Shrimp Rd., 5550 5th Ave., 5550 5th Ave 1-
10, 6630 Front St., 6500 Front St., 6840 Front St., 6805 Shrimp Rd., 6803 Shrimp Rd., 6991
Shrimp Rd., 7009 Shrimp Rd., 7007 Shrimp Rd., 7011 Shrimp Rd., 7025 Shrimp Rd., 7075
Shrimp Rd., 7005 Shrimp Rd., Bay Btin. of Shrimp Rd., 7821 Shrimp Rd., 6810 Front St., and
7001 Shrimp Rd.; Stock Island, as proposed Sinith/Hawks PL on behalf of Bama One, LLC;
Bernstein Benjamin Residuary Tr B U/T/T; Bernstein Benjamin Trust B; Byron Colley and
Tonita A Davis H/W; Constellation Yachts, Inc.; Harbor Bay Investments, LLC;JKYD, LLC; K
W Resort Utilities Corp.; Key West Transfer Station &Hauling Service, Inc.; Keys Fresh Seafood,
LLC; Longstock II, LLC; Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises,
LLC; Safe Harbor Properties, LLC and SIMV Hotel 1, LLC; providing for severability; proNq Ing
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 (Zoining) Map;
providing for an effective date. (File 2019-062)
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 17, 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
by.•Liz YonPzre, Deputy Clelk
cc: Planning and Lnviroinnental Resources
County Administrator
Cotulty Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070