Ordinance 016-2022 2 - i `Tg
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO.016-2022
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11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS ESTABLISHING MONROE COUNTY LAND
14 DEVELOPMENT CODE SECTION 130-140 SAFE HARBOR COMMUNITY
15 CENTER OVERLAY (SHCC), ESTABLISHING PURPOSE AND INTENT,
16 PERMITTED USES, DENSITY AND INTENSITY, OFF-STREET
17 PARKING, REQUIRED SETBACKS, SIGNAGE AND THE BOUNDARY
18 OF THE OVERLAY DISTRICT WHICH IS GENERALLY COMPRISED
19 OF A CERTAIN AREA ON STOCK ISLAND, MONROE COUNTY,
20 FLORIDA, BOUNDED BY FRONT STREET TO THE EAST, FOURTH
21 AVENUE TO THE NORTH, FIFTH AVENUE TO THE NORTH, SHRIMP
22 ROAD TO THE WEST AND SHRIMP ROAD TO THE SOUTH BUT
23 EXCLUDING CERTAIN PROPERTY OWNED BY THE UTILITY BOARD
24 OF THE CITY OF KEY WEST AND CERTAIN PROPERTY OWNED BY
25 THE FLORIDA KEYS AQUEDUCT AUTHORITY BOUNDED BY FRONT
26 STREET TO THE EAST; AS PROPOSED BY SMITH/HAWKS, PL ON
27 BEHALF OF LONGSTOCK II, LLC; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
29 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
30 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
31 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN
32 EFFECTIVE DATE. (FILE 2018-169)
33
34
35
36 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
37 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
38 health, safety, and welfare of the County's citizens; and
39
40 WHEREAS, on August 16, 2018, August 16, 2018, the Planning and Environmental
41 Resources Department received an application from Bart Smith of Smith/Hawks,PL(the"Agent")
42 on behalf of Longstock II, LLC (the "Applicant,") to amend Monroe County Land Development
43 Code (LDC) Section 130-40 to establish the Safe Harbor Community Center (SHCC) Overlay
44 District through the establishment of: purpose and intent, boundary, transfers of nonresidential
45 square footage into the SHCC, permitted and conditional uses, maximum density for hotel/motel
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I and minimum open space, maximum nonresidential land use intensities and district open space,
2 parking, setbacks and signage; and
3
4 WHEREAS, on March 18, 2019, the Applicant submitted a revised application (the
5 "Application"), revising the language of the proposed LDC text amendment by providing
6 additional text that "reflects the need to preserve and promote recreational and commercial
7 working waterfront uses, as defined by 342.07, Fl. Stat., and pursuant to Policy 101.5.6 o[f] the
8 Monroe County Comprehensive Code [Plan]". The Application also included new language
9 related to CBRS restrictions within the SHCC; and
10
11 WHEREAS, on August 6, 2020, the Applicant submitted revised language for the
12 proposed text amendment; and
13
14 WHEREAS, Staff is recommending edits to the Applicant's proposal in an effort to
15 provide for internal consistency of the Land Development Code (LDC), and to further implement
16 goals, strategies and action items of the Stock Island and Key Haven Livable CommuniKeys
17 Master Plan (the "LCP") and the Stock Island Harbor Preservation / Redevelopment and Intra-
18 Island Corridor Enhancement Plan (the "Stock Island Harbor Preservation / Redevelopment
19 Plan"), which represent the community's vision for the Stock Island and Key Haven area;
20
21 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
22 considered the proposed amendment at a regularly scheduled meeting held on August 25, 2020;
23 and
24
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
27 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
28 manage land use and development; and
29
30 WHEREAS, the Monroe County Planning Commission held a public hearing on January
31 26, 2022, for review and recommendation on the proposed amendment; and
32
33 WHEREAS, on January 26, 2022, the Planning Commission considered the proposed
34 amendment at a regular meeting and recommended the following through PC Resolution 05-22:
35
36 1. Approval with changes as discussed during the hearing to the Board of County
37 Commissioners of an amendment to the Monroe County Land Development Section 130-
38 140 excluding the discussion of transfer of development rights (TDRs); and
39 2. Recommend the Applicants' proposed language as it relates to transfer of development
40 rights(TDRs) as indicated in Section 130-140(e)(1)b. to state: For the preservation of 50%
41 or more of the upland area of property for working waterfront and water dependent uses,
42 the residential density, including Hotel/Motel density, on the property may be developed
43 pursuant to the maximum net density standard without the use of TDRs.
44
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I WHEREAS, at a regularly scheduled meeting held on the 17th day of August 2022, the
2 Monroe County Board of County Commissioners held a public hearing, considered the staff report,
3 and provided for public comment and public participation in accordance with the requirements of
4 state law and the procedures adopted for public participation in the planning process; and
5
6 WHEREAS, based upon the documentation submitted and information provided in the
7 accompanying staff report, the BOCC makes the following Conclusions of Law:
8
9 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
10 Monroe County Year 2030 Comprehensive Plan; and
11 2. The proposed amendment is consistent with the Principles for Guiding Development
12 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
13 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
14 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan
15 and the principles for guiding development, as required by Section 102-158 of the
16 Monroe County Code.
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
19
20 Section 1. The Monroe County Land Development Code is hereby amended as follows:
21
Proposed Amendment deletions are ; additions are shown in underlined .
22
23 Sec. 130-140. Safe Harbor Community Center Overlay District (SHCC).
24 (a) Purpose and intent. The purpose of the Safe Harbor Community Center (SHCC) Overlay
25 District is to implement applicable goals, objectives, and policies of the Comprehensive Plan
26 promoting a working waterfront and public access to the marine and coastal waters and allowing
27 for redevelopment in a non-environmentally sensitive area of the Lower Keys for hotels/motels,
28 affordable/workforce housing, commercial retail, and restaurant uses while balancing the
29 protection of recreational and commercial working waterfront and commercial fishing uses, and
30 preserving and protecting coastal and natural resources and the community character. The intent
31 is to protect and maintain the character of the Safe Harbor area while allowing redevelopment/infill
32 within the overlay district, an area that is the result of dredge and fill which has been developed
33 with nonresidential uses.
34
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I Furthermore, the purpose of the SHCC Overlay District is to implement the goals, strategies
2 and action items of the Stock Island — Key Haven Livable Communikeys Plan and the Stock
3 Island Harbor Preservation / Redevelopment and Intra-Island Corridor Enhancement Plan to
4 encourage redevelopment that maintains and enhances the economic diversity of the
5 community; direct future residential and commercial activities to areas most suitable in the
6 Planning Area, preserve and increase the number of housing units available for low and very
7 low income families, maintain affordable housing while providing for a mix of housing
8 options, maintain and enhance the community character of a diverse and unique mixed-use
9 community, separate from Key West, and maintain and enhance natural resources, taking care
10 to improve and protect water quality and beautify and preserve open space, protect shoreline
11 access for water based recreational activities, provide for all residential of the planning area a
12 safe, efficient and viable transportation system for the movement of people and goods,provide
13 for a safe, efficient, and viable transportation system for the movement of people and goods,
14 preserve the working waterfront, revitalize the port area while improving the physical setting,
15 accommodate a diversity of water-oriented activities and people, connect the port area to the
16 surrounding community, provide access along the waterfront and to respect and reinforce the
17 heritage and character of the community_
18 (b)Boundary. The Safe Harbor Community Center Overlay District shall be shown as an overlay
19 district on the Official Land Use District Map. The Safe Harbor Community Center Overlay
20 District shall be comprised of that certain area bounded by Front Street to the east, Fourth Avenue
21 to the north, Fifth Avenue to the north, Shrimp Road to the west, and Shrimp Road to the south
22 but excluding that certain property owned by the Utility Board of the City of Key West and Florida
23 Keys Aqueduct Authority bounded by Front Street to the east.
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25 SHCC Overlay District Boundaries crosshatched in Red
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I (c) In accordance with Policies 101.8.5 and 101.9.2 and Section 102-57(f), lawfully established
2 nonconforming non-residential structures which are non-conforming as to intensity within the Safe
3 Harbor Community Center Overlay District as of the effective date of this section may be rebuilt
4 to the preexisting use, building footprint and configuration without increase in density or intensity
5 of use, even if 100 percent destroyed provided that they are rebuilt to the preexisting use and
6 registered in accordance with Section 102-55.
7 (d) In accordance with Sections 138-51(c)and 138-50(j)(3),NROGO allocations or transfers over
8 10,000 square feet shall be permitted into the Safe Harbor Community Center Overlay District.
9 (e) In order to preserve and promote recreational and commercial working waterfront uses, the
10 following criteria and incentives in furtherance of Policy 101.5.6, shall apply, and be available, to
11 all parcels within the Safe Harbor Community Center Overlay District that are zoned Maritime
12 Industries (MI) and have a Mixed-Use Commercial (MC)FLUM Designation as follows:
13 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning)
14 district, working waterfront and water dependent uses, such as marina, fish
15 house/market, boat repair, boat building, boat storage, or other similar uses, but
16 excluding transient uses, shall be preserved by maintaining a minimum of 35% of
17 the upland area of the property for those uses.
18 To incentivize additional preservation of recreational and commercial working
19 waterfront uses, the following shall be available:
20 a. For the preservation of 3650% of the upland area of property for
21 working waterfront and water dependent uses, up to 20,000 square feet of
22 nonresidential floor area from the NROGO bank shall be provided to the
23 property; and
24 b. For the preservation of 50% or more of the upland area of property for
25 working waterfront and water dependent uses, the residential density, on
26 the property may be developed pursuant to the maximum net density
27 standard without the use of TDRs.
28 c. If parcels do not preserve 50% or more of the upland are of the property
29 for working waterfront and water dependent uses, TDRs can be utilized
30 to attain the density between the allocated density standard up to the
31 maximum net density standard.
32 d. Deed restricted affordable dwelling units may be built up to the maximum
33 net density without the use of TDRs.
34 e. Parcels within the MI zoning district that have existing wet slips shall
35 preserve at least 20% of the wet slips for vessels involved with
36 recreational and commercial working waterfront uses, excludinglive-
ive-
37 aboard vessels solely used as a residence and not for navigation.
38 f. Parcels within the MI zoning district creating new wet slips shall preserve
39 at least 10% of the wet slips for vessels involved with recreational and
40 commercial working waterfront uses, excluding live-aboard vessels solely
41 used as a residence and not for navigation.
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I g_ The preservation of dockage for recreational and commercial working
2 waterfront uses shall be documented on the final development plan and
3 shall be a written condition of any permit approval.
4 h. For permanent residential development, parcels within the MI zoning
5 district shall be limited to commercial apartments or employee housing.
6 Commercial apartment means an attached or detached residential
7 dwelling unit located on the same parcel of land as a nonresidential use
8 that is intended to serve as permanent housing for the owner or employees
9 of that nonresidential use. The term does not include a tourist housing use
10 or vacation rental use.
11 i. The preservation of a public access walkway, and a public access boat
12 launch if one already exists, shall be required for all parcels with direct
13 access to the water. Consideration shall be given to security and the
14 physical constraints of the parcel. The public access walkway shall be
15 documented on the final development plan to link a continuous walkway
16 and shall be a written condition of any permit approval.
17
18 (f) Within the boundaries of the Safe Harbor Community Center Overlay District, the permitted
19 and conditional uses in subsections (1)(b) and c) shall be enforced, in lieu of Section 130-85,
20 Maritime Industries, and Section 130-88, Mixed Use, and the nonresidential land use intensities in
21 subsection (3) shall be enforced in lieu of Section 130-164, maximum nonresidential land use
22 intensities and district open space.
23 (1) Permitted uses. The following uses are permitted as of right in the Safe Harbor Community
24 Center SHCC) Overlay District:
25 1. Accessory uses,
26 2. Attached and detached dwellings involving less than six units, designated as
27 employee housing as provided for in Section 139-1,
28 3. Attached wireless communications facilities, as accessory uses, pursuant to section
29 146-5 d
30 4. Collocations on existing antenna-supporting structures, pursuant to Section 146-
31 Sci
32 5. Commercial apartments involving less than six dwelling units, but tourist housing
33 uses, vacation rental use, of commercial apartments is prohibited.
34 6. Commercial fishing,
35 7. Commercial recreational uses limited to:
36 a. Bowling alleys,
37 b. Tennis and racquetball courts,
38 C. Miniature golf and driving ranges,
39 d. Theaters,
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I e. Health clubs, and
2 f. Swimming pools,
3 8. Commercial retail, restaurant uses, or any combination thereof, of less than 5,000
4 square feet of floor area,
5 9. Detached dwellings within the Mixed Use (MU)Zoning District,
6 10. Institutional residential uses, involving less than ten dwelling units or rooms within
7 the Mixed Use (MU)Zoning District,
8 11. Institutional uses,
9 12. Light industrial uses,
10 13. Office uses of less than 5,000 square feet of floor area,
11 14. Public buildings and uses,
12 15. Replacement of an existing antenna-supporting structure pursuant to Section 146-
13 Saba
14 16. Satellite earth stations, as accessory uses, pursuant to section 146-5(f),
15 17. Stealth wireless communications facilities, as accessory uses, pursuant to section
16 146-5 e); and
17 18. Wastewater nutrient reduction cluster systems that serve less than ten residences,
18 provided that:
19 a. The wastewater treatment facility and wastewater treatment collection
20 systems are in compliance with all federal, state, and local requirements,
21 b. The wastewater treatment facility, wastewater treatment collection systems
22 and accessory uses shall be screened by structures designed to be
23 architecturally consistent with the character of the surrounding community
24 and shall minimize the impact of any outdoor storage, temporary or
25 permanent; and
26 C. In addition to any district boundary buffers set forth in chapter 114,
27 article V, a planting bed, eight feet in width, to be measured perpendicular
28 to the exterior of the screening structure shall be established with the
29 following:
30 i. One native canopy tree for every 25 linear feet of screening
31 structure,
32 ii. One understory tree for every ten linear feet of screening structure
33 and the required trees shall be evenly distributed throughout the
34 planting bed,
35 iii. The planting bed shall be installed as set forth in chapter 114, article
36 IV, and
37 iv. A solid fence may be required upon determination by the planning
38 director.
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1 (2) The following uses are permitted as minor conditional uses in the Safe Harbor Community
2 Center SHCC) Overlay District, subject to the standards and procedures set forth in
3 Chapter 110, Article III:
4 1. Agricultural uses, limited to mariculture, provided that:
5 a. The parcel proposed for development is separated from any established
6 residential uses by at least a class C bufferyard,
7 b. All outside storage areas are screened from adjacent uses by a solid fence,
8 wall, or hedge at least six feet in height,
9 2. Attached and detached dwellings involving six to 18 units, designated as employee
10 housing as provided for in Section 139-1.
11 3. Commercial apartments involving up to 18 dwelling units, provided that:
12 a. The hours of operation of the commercial uses are compatible with
13 residential uses,
14 b. Access to U.S. 1 is by wav of:
15 i. An existing curb cut,
16 ii. A signalized intersection, or
17 iii. A curb cut that is separated from any other curb cut on the same side
18 of U.S. 1 by at least 400 feet,
19 C. Tourist housing uses, including vacation rental uses, of commercial
20 apartments are prohibited,
21 4. Commercial retail, office, restaurant uses, or any combination thereof, of low and
22 medium intensity, of greater than 5,000 but less than 10,000 square feet or floor
23 area, provided that access to U.S. 1 is by way of:
24 a. An existing curb cut,
25 b. A signalized intersection, or
26 C. A curb cut that is separated from any other curb cut on the same side of U.S.
27 1 by at least 400 feet,
28 In no case shall parcels within the Maritime Industries (MI) zoning district contain
29 more than 5,000 square feet of floor area of commercial retail.
30 5. Commercial retail, office, restaurant uses, or any combination thereof, of high
31 intensity, and of less than 5,000 square feet of floor area, provided that access to
32 U.S. 1 is by wav of:
33 a. An existing curb cut,
34 b. A signalized intersection, or
35 C. A curb cut that is separated from any other curb cut on the same side of U.S.
36 1 by at least 400 feet,
37 In no case shall parcels within the Maritime Industries (MI) zoning district contain
38 more than 5,000 square feet of floor area of commercial retail.
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1 6. Hotels of fewer than 50 rooms,provided that one or more of the following amenities
2 is available to guests:
3 a. Swimming pool,
4 b. Docking Facilities, or
5 C. Tennis courts,
6 7. New antenna-supporting structures, pursuant to Section 146-5(a).
7 The following uses are permitted as major conditional uses in the Safe Harbor Community
8 Center Overlay District, subject to the standards and procedures set forth in Chapter 110,
9 Article III:
10 1. Attached and detached dwelling units involving more than 18 units, designated as
11 employee housing as provided for in Section 139-1.
12 2. Commercial retail, office, restaurant uses, or any combination thereof, of low and
13 medium intensity, of greater than 10,000 square feet of floor area, provided that
14 access to U.S. 1 is by way of:
15 a. An existing curb cut,
16 b. A signalized intersection, or
17 C. A curb cut that is separated from any other curb cut on the same side of U.S.
18 1 by at least 400 feet,
19 In no case shall parcels within the Maritime Industries (MI) zoning district contain
20 more than 5,000 square feet of floor area of commercial retail.
21 3. Commercial recreation uses (indoor and outdoor), including amusement or sea life
22 parks and drive-in theaters, provided that:
23 a. The parcel of land proposed for development does not exceed five acres,
24 b. The parcel proposed for development is separated from any established
25 residential use by a class C bufferyard,
26 C. All outside lighting is designed and located so that light does not shine
27 directly on any established residential use, and
28 d. The parcel is within the Mixed Use (MU zoning district.
29 4. Hotels providing 50 or more rooms, provided that:
30 a. The hotel has restaurant facilities on the premises, and
31 b. One or more of the following amenities is available to guests:
32 i. Swimming pool, or
33 ii. Docking facilities, or
34 iii. Tennis courts, and
35 C. Access to U.S. 1 is by way of:
36 i. An existing curb cut,
37 ii. A signalized intersection, or
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I iii. A curb cut that is separated from any other curb cut on the same side
2 of U.S. 1 by at least 400 feet,
3 5. Marinas, provided that:
4 a. The parcel proposed for development has access to water at least four feet
5 below mean sea level at mean low tide,
6 b. The sale of goods and services is limited to fuel, food, boating diving and
7 sport fishing products,
8 C. All outside storage areas are screened from adjacent uses by a solid fence,
9 wall, or hedge at least six feet in height, and
10 d. Each nonwaterside perimeter setback of the parcel proposed for
11 development must have a class C bufferyard within a side yard setback of
12 no less than ten feet, and
13 e. New and existing marine facilities, including marinas, with ten slips or
14 more, or one live-aboard-slip, must provide dedicated sewage pump-out
15 facilities or services.
16 6. Wastewater treatment facilities and wastewater treatment collection systems
17 serving uses located in any land use district, provided that:
18 a. The wastewater treatment facility and wastewater treatment collection
19 systems are in compliance with all federal, state, and local requirements,
20 b. The wastewater treatment facility, wastewater treatment collection systems
21 and accessory uses shall be screened by structures designed to be
22 architecturally consistent with the character of the surrounding community
23 and minimize the impact of any outdoor storage, temporary or permanent,
24 and
25 C. In addition to any district boundary buffers set forth in Chapter 114,
26 Article V, a planting bed, eight feet in width, to be measured perpendicular
27 to the exterior of the screening structure shall be established with the
28 following:
29 i. One native canopy tree for every 25 linear feet of screening
30 structure,
31 ii. One understory tree for every ten linear feet of screening structure
32 and the required trees shall be evenly distributed throughout the
33 planting bed,
34 iii. The planting bed shall be installed as set forth in Chapter 114,
35 Article IV, and
36 iv. A solid fence may be required upon determination by the planning
37 director.
38 (g) Allocated Density for Residential DwelliLg Units. For purposes of this overlay district, parcels
39 shall maintain the allocated density standard for residential dwelling units based on the underlying
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I zoning districts in which it is located, of either Mixed Use (MU) of 1 du/gross acre or Maritimes
2 Industries (MI) of 1 du/ gross acre.
3 (0 Maximum Net Density for Residential Dwelling Units. For purposes of this overlay district,
4 parcels shall maintain the maximum net density standard for residential dwelling units based on
5 the underlying existingzoning oning districts in which it is located, of either Mixed Use (MU) of 12
6 du/buildable acre (18 du/buildable acre for affordable housing) or Maritimes Industries (MI) of 2
7 du/buildable acre and minimum open space shall be 0.20. Additional open space requirements may
8 apply based on environmental protection criteria — see additional open space rations in Chapter
9 118. In accordance with Section 101-2(1), the most restrictive ratios for open space shall apply.
10 (1) The Maximum Net Density is the maximum density allowable with the use of
11 TDRs, or for qualifying affordable housing development. TDRs can be utilized to
12 attain the density between the allocated density standard up to the maximum net
13 density standard. Deed restricted affordable dwelling units may be built up to the
14 maximum net density without the use of TDRs.
15 (2) Developing under the maximum net density standard requires the transfer of
16 density (Transferable Development Rights or TDRs) pursuant to Section 130-160.
17
18 (h)Allocated Density for Hotel/Motel.For purposes of this overlay district,pies parcels shall
19 maintain the allocated density for transient units, limited to hotel/motel uses and institutional
20 residential uses, wed based on the underlying ,,, e existing zoning districts in which it
21 is located of either Mixed Use (MU) of 10 rooms or spaces/acres for hotels and 5 rooms or
22 spaces/acres for institutional residential uses or Maritimes Industries (MI) of 10 rooms or
23 spaces/acres for hotels. For properties designated as MI zoning that are within the I future land use
24 category, the allocated density for hotel and institutional residential uses shall be zero (0).
25 (1) Pursuant to Section 13 8-23, new transient units, shall not be eligible for residential
26 ROGO allocations.
27 (2) To develop transient units,units must be transferred pursuant to Section 13 8-22(b).
28
29 (i) Maximum Densities for Hotel/Motel and Minimum Open Space. For purposes of this overlay
30 district, parcels shall maintain the maximum net density for transient units, limited to hotel/motel
31 uses and institutional residential uses, permitted under the existingzoning oning districts.
32
33 (i) Maximum Nonresidential Floor Area. For the purposes of this overlay district, uses with
34 corresponding intensity thresholds shall be cumulative and shall be in accordance with the
35 following table:
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Maximum Minimum
Land Use Floor Area Open Space
Ratio Ratio(a)
Low Intensity Commercial Retail or Restaurant 0.45 0.20
Medium Intensity Commercial Retail or Restaurant 0.45 0.20
High Intensity Commercial Retail or Restaurant 0.30 0.20
Office 0.50 0.20
Commercial Fishing 0.45 0.20
Light Industrial 0.60(b) 0.20
Institutional 0.30 0.20
Public Building/Uses 0.60 0.20
Agriculture (Mariculture) 0.45 0.20
Commercial Recreation 0.25 0.20
Ca) Additional open space requirements may apply based on environmental protection
criteria—see additional open space ratios in Chapter 118. In accordance with Section
101-2(l), the most restrictive of these ratios applies.
For properties within the Safe Harbor Community Center Overlay District with Light
Industrial land use, the maximum floor area ratio shall be 0.60 in accordance with
Policy 101.5.25 of the Comprehensive Plan as of its effective date. Only properties
with an Industrial FLUM within the Safe Harbor Community Center Overlay District
shall have a maximum FAR of 0.60. Properties with a Mixed Use/Commercial
FLUM within the Safe Harbor Community Center Overlay District shall have this
maximum FAR of 0.45.
1
2 (k)Notwithstanding Section 138-147(a), enclosed and partially enclosed boat barns shall not count
3 towards Floor Area Ratio within the Safe Harbor Community Center Overlay District.
4
5 (l)Parking requirements.
6 1. General Requirements.
7 a. Every use shall be provided with off-street parking in accordance with
8 Section 114-67.
9 b. Up to 20 percent of the required parking spaces for nonresidential uses may
10 be replaced with an equivalent number of smaller parking spaces designed
11 to accommodate motorcycles or scooters and other similar modes of
12 transportation.
13 2. Required number of -street parking spaces. Notwithstanding Section 114-67(e),
14 the following number of parking spaces shall be provided for each use:
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Specific Use Category Minimum Required Number of Parking
Spaces Per Indicated Unit of Measure
Single-family dwelling units 2.0 spaces per dwelling unit
Multifamily residential 2.0 spaces per each 1-bedroom dwelling unit: 2.0
developments spaces per each 2-bedroom dwelling unit, and
3.0 spaces per each 3 or more-bedroom dwelling
unit
Commercial retail except as 3.0 spaces per 1,000 sq.ft. of nonresidential floor
otherwise specified in this area within the building and 1.5 spaces per 1,000
table sq. ft. of area devoted to outdoor retail sales
Eating and drinking For areas devoted to food/beverage service, 1.0
establishments, such as space per 3 seats or 3.0 spaces per 1,000 sq. ft.
restaurants and bars of nonresidential floor area, whichever total
amount is higher.
For other areas, 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area within the building
separate from the seating area and devoted to
activities other than food/beverage service
(including, but not limited to, kitchen, office,
retail sales not related to food or beverage and
storage)
Commercial recreation 5.0 spaces per 1,000 sq.ft. of nonresidential floor
(indoor), excluding theaters, area within the building
conference centers and
activity centers
Commercial recreation 5.0 spaces per 1,000 sq. ft. of the parcel that is
outdoor directly devoted to the outdoor recreational
activity, excluding areas used for parking and
driveways, required yards, and required
landscaping and buffer areas
Theaters, conference centers, 1.0 space per 3.0 actual seats or based on seating
or activity centers capacity
Offices 3.0 spaces per 1,000 sq.ft. of nonresidential floor
area within the buildin
Hotels 1.0 space per each 1-bedroom transient dwelling
unit and 1.0 space plus 0.5 space for each
additional bedroom per each 2 or more-bedroom
transient dwelling unit
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Industrial uses, excluding 2.0 spaces per 1,000 sq.ft. of nonresidential floor
mini warehouses/self-storage area within the building, and 1.0 space per 1,000
centers, repair or servicing of sq. ft. of the parcel that is devoted to outdoor
vehicles, and warehousing industrial use
Live-aboard 1.5 spaces per berth
Marinas and commercial 1.0 space per 2 berths plus 1.0 space per 4 dry
fishing facilities storage racks
Charter/guide boats, six or 2.0 spaces per berth
fewer passenger capacity
Party and charter/guide boats, 0.3 space per passenger capacity of vessel
more than six passengers
capacity
Boat ramps 6.0 spaces per ramp, all spaces shall be a
minimum of 14 feet by 55 feet, to accommodate
trailers and oversized vehicles
1 3. Off-site parkiLg facilities. Notwithstanding Section 114-67(h), the following
2 requirements shall apply to off-site parking facilities for nonresidential uses.
3 a. Off-site parking facilities shall be permitted and located within the Safe
4 Harbor Community Center Overlay District.
5 b. A parking agreement shall be required in accordance with Section 114-68.
6
7 (4)Bicycle Parking
8 a. All new and redevelopment of any residential or nonresidential structure shall
9 require bicycle parking rack facilities.
10 b. Bicycle parking rack criteria:
11 i. Bicycle parking racks must be designed to accommodate a minimum
12 of four 4)bicycles,
13 ii. All bicycle parking racks shall be separated from vehicular traffic by
14 at least five feet or a physical barrier,
15 iii. Bicycle racks shall be located within 100 feet of the building entrance
16 at a location that does not interfere with pedestrian traffic, and
17 iv. The minimum dimensions for a bicycle parking rack shall be two-foot-
18 wide by six-foot-long stalls with a minimum aisle width of five feet.
19 Location criteria can be modified by the Planning Director if they
20 determine that a superior alternative exists.
21
22 (m) Public Sidewalks. All new development and redevelopment along Fourth and Fifth Avenues
23 shall provide public sidewalks consistent with the County standards.
24
Ordinance No. 016 -2022 Page 14 of 18
File#2018-169
I (n) Setbacks.
2 1. Front yard setback. Notwithstanding Section 131-1(a), Rhe front yard setback for
3 any structure on a parcel within the Safe Harbor Community Center Overlay
4 District shall be a minimum of 10 feet.
5 a. Accessory driveways and walkways. Accessory structures, limited to
6 driveways and walkways, may be permitted within a required front yard
7 setback provided they do not exceed six (6) inches in height as measured
8 from grade. In no event shall the total combined area of all accessory
9 structures occupy more than 60 percent of the out required front
10 setback area.
11 b. Outdoor LiZhtinZ. All outdoor lighting shall comply with Chapter 114,
12 Article VI Outdoor Lighting. Notwithstanding, streetlights and landscape
13 lighting may be located in the front setback. In no case shall uplighting be
14 permitted.
15 C. Signs and landscaping. Signs as permitted in Chapter 142 and landscaping
16 may be permitted in a required front yard setback.
17 d. Fences. Fences of up to six (6) feet may be permitted, provided they are
18 not located within clear sight triangles as defined in section 114-201 and/or
19 according to FDOT and national AASHTO standards, whichever is more
20 restrictive.
21 In addition, parcels of land that are developed with single family dwellings
22 may incorporate entry features of greater than six (6) feet within fences,
23 provided all of the following design criteria are met:
24 i. The entry feature is defined as a continuous fence or gate, or
25 combination thereof, located contiguous to and on both sides of the
26 main access (driveway) to the property which is designed and
27 intended to control and/or demarcate the access to the property. An
28 "entry feature" includes all walls, buttresses, guy wires, integral
29 signs and decorative features attached thereto up to a maximum
30 width of 12 feet, or 15 percent of the lot width whichever is greater,
31 a maximum height of ten (10) feet, and four (4) feet in depth or six
32 (6) percent of the lot depth whichever is greater as measured from
33 the front property line, and
34 ii. The entry feature shall not be located in any side yard setback
35 required pursuant to Section 131-1, and
36 iii. The entry 1 feature shall be compatible with the existing
37 development in the immediate vicinity, shall be in harmony with the
38 general appearance and character of the community, and shall not
39 be otherwise detrimental to the public welfare, and
40 iv. The entry feature shall be designed and arranged on the site in a
41 manner that minimizes aural and visual impact on the adjacent
Ordinance No. 016 -2022 Page 15 of 18
File#2018-169
I structures while affording the applicant a reasonable use of the land,
2 and
3 V. The entry feature shall require a building permit for its construction
4 and in addition to the normal building permit application
5 requirements, the application shall include a scaled site plan and
6 elevations for the entry feature that shows the height, width, and
7 length of each element of the entry feature applied for,including any
8 decorative or non-functional elements, and identification of the
9 materials composing each element of the structure(e.g., wire, stone,
10 chain-link, wood, etc.).
11 2. Shoreline Setback. Notwithstanding Section 118-12(c), Wwater-dependent
12 accessory uses, limited to waterfront dining areas, pedestrian walkways, public
13 monuments or statues, informational kiosks, fuel or septic facilities, and water-
14 dependent marina uses, within the Safe Harbor Community Center Overlay District
15 lawfully established as of the effective date of this section may be redeveloped in
16 their existing footprint in the event of involuntary substantial damage or
17 destruction.
18 Water-dependent accessory structures within the Safe Harbor Community Center
19 Overlay District shall be setback the greater of ten (10) feet or the applicable
20 setback prescribed by Florida Department of Environmental Protection or Army
21 Corps of Engineers regulations, whichever regulation is more restrictive, provided
22 such uses do not involve discharge into Safe Harbor or adjacent surface waters.
23 3. Rear and side yard setbacks. Notwithstanding Section 131-1(a), the minimum
24 required setback for any rear and side yard setback within the within the Safe
25 Harbor Community Center Overlay District shall be reduced to a minimum of 5
26 feet.
27 (o) Outdoor LiZhtiLg. All outdoor lighting shall comply with Chapter 114, Article IV Outdoor
28 Lighting. Notwithstanding, streetlights and landscape lighting may be located in the front yard
29 setback consistent with subsection g(2)a. In no case shall uplighting be permitted.
30 (p) CBRS Restrictions. Notwithstanding the provisions of Chapter 138 or any other provision to
31 the contrary, parcels within the Safe Harbor Community Center Overlay District which are
32 designated within Coastal Barrier Resources System Unit FL 57 shall not be prohibited from
33 serving as receiver sites for transient, market rate, and affordable dwelling units, provided the
34 applicable site meets all other criteria established in Comprehensive Policy 101.6.8 8 and Section
35 138-22(b) for a receiver site and so long as no structure is developed or located in any portion of
36 the parcel designated as CBRS.
37 (q)Drones. The use of unmanned aerial vehicles and/or drones within the Safe Harbor Community
38 Center Overlay District are prohibited.
39 (r) District Boundary Bu(Leryards. Notwithstanding Section 114-26, no district boundary
40 bufferyard shall be required for parcels within the Safe Harbor Community Center Overlay
Ordinance No. 016 -2022 Page 16 of 18
File#2018-169
I District-except where a parcel within the SHCC Overlay District is adjacent to a parcel that is not
2 within the SHCC Overlay District.
3 (s) Except for the specific provisions listed in this section, all other requirements and adopted
4 provisions of the Land Development Code shall control.
5
6
7
8
9 Section 2. Construction and Interpretation. The construction and interpretation of this
10 ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code,
11 Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out of,
12 relates to, or is interpreted in connection with this ordinance shall be liberally construed and
13 enforced in favor of Monroe County ("Board of County Commissioners", "Board", or"BOCC"),
14 and shall be construed in favor of the BOCC and such construction and interpretation shall be
15 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
16 appeal.
17
18 Section 3.No Liability.Monroe County expressly reserves and in no way shall be deemed
19 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
20 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
21 cause-of-action, demand, or liability.
22
23 Section 4. Severability. If any provision of this ordinance, or any part or portion thereof,
24 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
25 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
26 shall neither limit nor impair the operation, enforceability, or validity of any other provision of this
27 ordinance, or any remaining part(s) or portion(s) thereof All other provisions of this ordinance,
28 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
29
30 Section 5. Repeal of Inconsistent Provisions. All ordinances in conflict with this
31 ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall
32 not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed
33 thereby
34
35 Section 6. Transmittal. This ordinance shall be transmitted to the Florida State Land
36 Planning Agency as required by F.S. 380.05 (11) and F.S. 3 80.05 52(9).
37
38 Section 7. Filing. This ordinance shall be filed in the Office of the Secretary of the State
39 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
40 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
41 approving the ordinance, and if the final order is challenged, until the challenge to the order is
42 resolved pursuant to F.S. Chapter 120.
43
Ordinance No. 016 -2022 Page 17 of 18
File#2018-169
1 Section 8. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
2 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
3 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
4 marking system of the Code.
5
6 Section 9. Effective Date. This ordinance shall become effective contingent on
7 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive
8 Plan and as provided by law and stated above.
9
10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
11 Florida, at a regular meeting held on the 17th day of August , 2022 .
12
13 Mayor David Rice Yes
14 Mayor Pro Tern Craig Cates Yes
15 Commissioner Michelle Coldiron Yes
16 Commissioner James K. Scholl Yes
17 Commissioner Holly Merrill Raschein Yes
18
19 Bt
20 /*-- BOARD OF COUNTY COMMISSIONERS
21 i 18 \23 � OF MONROE CO TY, LORIDA
22A r .-
2 < BY:
24 4 = .-= MAYOR ID RICE
25
26 `'*
27 ATTEST: KEVIN MADOK, CLERK
29
29 �
30 AS PUTY��LEIdr
31
CD
32 � MONROE COUNTY ATTORNEY
#tP}} V P S TQ ORM
!.leJ `-.'
Date:. ft1717�
✓J '.
Ordinance No. 016 -2022 Page 18 of 18
File#2018-169
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)
yw ��1�'tryio7rrm ilr�sGv�zn M�"hk�GI���GM i
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4f fI �w�wuolul�w�wwmvi t�(
Deal on Capitol Hill could
ease seniors health costs EDMON uu�H�uu
,I
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
The Assrocated Press h old cap out-of-pocket was likewise optimistic say
d tt at for� yea, mg'cnngiessisnnthecnsp �' wrromps�+� T
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
September 14, 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. 016-2022 by the Monroe County Board of County
Commissioners establishing Monroe County Land Development Code Section 130-140 Safe
Harbor Conitniunity Center Overlay (SHCC), establishing purpose and intent,permitted uses,
density and intensity, off-street parking,required setbacks, signage and the boundary of the overlay
district which is generally comprised of a 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 west, and Shrimp Road to the south but excluding certain property
owned by the Utility Board of the City of Key West and certain property owned by the Florida
Keys Aqueduct Authority bounded by Front Street to the east; as proposed by Sinith/Hawks, PL
on behalf of Longstock II, 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 inclusion in the Monroe County Code; provriduig for an effective date. (File 2018-
169)
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 Lnvirontnental 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
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I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
September 14, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016-2022, which was filed in this office on September
14, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270