Item Q1 Q1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q1
2023-1602
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Jay Berenzweig
AGENDA ITEM WORDING:
An Ordinance by the Monroe County Board of County Commissioners Adopting Amendments to the
Monroe County Year 2030 Comprehensive Plan to Create Goal 112, Objectives 112.1 and 112.2, and
Policies 112.1.1 and 112.2.1 Establishing Site-Specific Development Standards and Deviations as well
as Exemptions from Adopted Land use and Development Standards for Ocean Reef as proposed by
Ocean Reef Club, Inc., and Ocean Reef Community Association.
ITEM BACKGROUND:
On July 24, 2019, the Planning and Environmental Resources Department received an application from
Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef Community Association, Inc.
(the"Applicant"), seeking to amend the Monroe County Year 2030 Comprehensive Plan to create Goal
112, Objectives 112.1 and 112.2, and Policies 112.1.1 and 112.2.1 establishing site-specific
development standards, deviations and exemptions. The Applicant has revised the proposed text with
the most recent submission received on February 23, 2023.
****PLEASE SEE ATTACHED STAFF REPORT FOR DETAILS****
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2023, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the staff report, and provided for public
comment and public participation in accordance with the requirements of state law and the procedures
adoption for public participation in the planning process. The BOCC adopted Resolution No. 231-2023
transmitting the proposed amendment to the State Land Planning Agency for review and comment.
Following their review of the proposed amendment, DEO issued an Objections, Recommendations and
5269
Comments ("ORC") report on September 12, 2023 (attached). The ORC report did not identify any
objections, recommendations or comments. The County has 180 days from the date of receipt of the
ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
amendment.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
MONROE COUNTY 23-03ACSC (ORC) Ocean Reef.pdf
BOCC—Ord. (2019-142).pdf
2019-142—BOCC—SR-10.18.23.docx
FINANCIAL IMPACT:
N/A
5270
Fll,,iiiii,iiiiiiiiiii,,O,R,I ,,,,.noACOMMERCE
INS=
September 12,2023
The Honorable Craig Cates
Mayor, Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Cates:
The Florida Department of Commerce (FloridaCommerce) has completed its review of the
proposed comprehensive plan amendment for Monroe County (Amendment No. 23-03ACSC), which
was received on July 14, 2023. We have reviewed the proposed amendment in accordance with the
state coordinated review process set forth in Sections 163.3184(2)and (4), Florida Statutes(F.S.),for
compliance with Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or
comments to the proposed amendment and this letter serves as the Objections, Recommendations and
Comments Report. Review comments received by the Department from the appropriate reviewing
agencies, if any, are enclosed.
The County should act by choosing to adopt, adopt with changes,or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.
The second public hearing,which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's
attached report, or the amendment will be deemed withdrawn unless extended by agreement with
notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant
to Section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to
FloridaCommerce within ten working days after the second public hearing pursuant to
Section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Jana Williams, Planning Analyst, by
telephone at(850) 717-8483 or by email at Jana.Williams@Commerce.fl.gov.
Sincerely,
Yazmin,V l:i e ,Regio al Planning Administrator
Bureau of Communi y Planning and Growth
YV/jw
Enclosure: Procedures for Adoption
Agency Comments
cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
An a ayu.,-a ii su@apauufllti.ulrnlit;y eimi ioye/Iprogiraim.A uxii1iairy aids and su.rre ice are ava flalk'»e
is
upon rrn(Raua�,t t Ras ulrnoviic�uuaO:,�r i lh di�<aIP flifles> AIIi voi a Ra��r uauuro
,,,Ipiiaonv Irlbers On y:Ns
do uurmnr„Irun:may be reached by pu.n,rurnsr using R.,.i„y°/1 I IC)oqu liprru�u�u't.via khe IFioriiz a
RRrsllayy aieMce at y 1.,1.
5271
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
electronic amendment submittal portal "Comprehensive Plan and Amendment Upload"
( ?g 1 .M P. 'al ° °w ° ... °m , :°: or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Florida Department of Commerce identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name,title, address,telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format;
In the case of future land use map amendment,an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation,and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Effective:June 2, 2011(Updated July 2023) Page 1 of 2
5272
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Florida Department of
Commerce did not previously review;
List of findings of the local governing body, if any,that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
Florida Department of Commerce to the ORC report from the Florida Department of Commerce.
Effective:June 2, 2011(Updated July 2023) Page 2 of 2
5273
OF6ICE OF THE COMMISSIONER V ✓ �"" t THE CAPITOL
(850)617-7700 +, .400 SOUTH MONROE STREET
TALLAHASSEB,FLORIDA 32399-O8OO
v� 4"
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER WILTON SIMPSON
August 7, 2023
VIA EMAIL(schemper-emily@monroecounty-fl.gov)
Monroe County
Emily Schemper
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Re:Amendment Package Reference Number: Monroe County 23-03ACSC
Dear Emily Schemper,
The Florida Department of Agriculture and Consumer Services (the "Department") received
the above-referenced proposed comprehensive plan amendment on July 18, 2023. The
Department has reviewed the proposed amendment pursuant to Section 163.3184, Florida
Statutes, for any adverse impacts to important state resources or facilities related to
agriculture, forestry, and aquaculture issues.
The Department has no comments on the above-referenced proposed comprehensive plan
amendment as presented.
Please contact me at CompPlans@FDACS.gov if you have any questions.
Sincerely,
'' ."
Steven Hall
Deputy Assistant Commissioner
cc: Florida Department of Economic Opportunity
(SLPA#: Monroe County 23-03ACSC)
1-800-HELPFLA vmw.FDACS.gov
5274
From: r111mL_Fr.,[m"�d99
To: I'arvv 111 l� a L Ye�
Cc: gi__f 4 vua; Pu�
Subject: [EXTERNAL]-Monroe County 23-03ACSC Proposed
Date: Friday,August 11,2023 5:36:48 PM
Attachments: 111",0,]„r aQ2 n piC:�i,,
To: Barbara Powell, Deputy Bureau Chief,Plan Review and Processing
Re: Monroe County 23-03ACSC—State Coordinated Review of Proposed Comprehensive
Plan Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department)has reviewed the above-referenced amendment package under the
provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that
focused on potential adverse impacts to important state resources and facilities, specifically:
air and water pollution;wetlands and other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation
easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package,the Department has found no
provision that, if adopted, would result in adverse impacts to important state resources subject
to the Department's jurisdiction.
Please submit all future amendments by email to 11 h:n~u..pw�o If your
submittal is too large to send via email or if you need other assistance, contact Lindsay
Weaver at(850) 717-9037.
g
5275
From: I"At 1G Rabr'j 1,
To:
Cc: nM,[&R2=L_ gMMLn=
Subject: [EXTERNAL]-FWC"s Comments on Monroe County 23-03ACSC(Ocean Reef)
Date: Saturday,August 12,2023 6:34:59 AM
Dear Ms. Schemper,
Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed
comprehensive plan amendment in accordance with Chapter 163-3184(3), Florida Statutes.
We have no comments,recommendations, or objections related to listed species and their
habitat or other fish and wildlife resources to offer on this amendment.
FWC staff appreciate the opportunity to review this project. Please send any requests for
further information to 11 Senic
Sincerely,
Robert Irving
Land Use Planning Program Supervisor
Florida Fish and Wildlife Conservation Commission
Phone: (850) 354-3578
Monroe County 23-03ACSC56483
5276
1
6 MONROE COUNTY, FLORIDA
78 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2023
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY COMPREHENSIVE
13 PLAN, ESTABLISHING GOAL 112, OBJECTIVE 112.1, POLICY 112.1.1,
14 OBJECTIVE 112.2, AND POLICY 112.2.1 TO CREATE SITE-SPECIFIC
15 DEVELOPMENT STANDARDS, DEVIATIONS AND EXEMPTIONS FOR
16 OCEAN REEF, AS PROPOSED BY SMITH HAWKS PL, ON BEHALF OF
17 THE APPLICANTS OCEAN REEF CLUB, INC., AND OCEAN REEF
18 COMMUNITY ASSOCIATION, INC.; PROVIDING FOR SEVERABILITY;
19 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
20 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
21 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
22 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
23 PROVIDING FOR AN EFFECTIVE DATE.
24
25
26 WHEREAS,on July 24,2019,the Monroe County Planning and Environmental Resources
27 Department ("Department") received an application from Bart Smith of Smith/Hawks PL (the
28 "Agent") on behalf of Ocean Reef Club, Inc., and Ocean Reef Community Association, Inc.
29 (collectively referred to hereafter as the "Applicant") to amend the Monroe County
30 Comprehensive Plan ("Comprehensive Plan") to establish site specific development standards,
31 deviations and exemptions for Ocean Reef, and
32
33 WHEREAS, on October 19, 2021, the Agent submitted a revised application to provide
34 information, data and analysis to support the amended and restated Application; and
35
36 WHEREAS, on December 23, 2022,the Agent submitted revised language and additional
37 data and analysis to support the proposed text amendment; and
38
39 WHEREAS, the Applicant has also requested a corresponding Land Development Code
40 text amendment to establish Code Section 130-141 Ocean Reef Overlay Districti; and
41
42 WHEREAS, the Applicant has also requested a corresponding Land Use District Map
43 Amendment to apply the proposed Ocean Reef Overlay District to a defined area; and
44
1 Monroe County Planning and Environmental Resources Department File No.2019-025.
2 Monroe County Planning and Environmental Resources Department File No.2020-088.
1 of 7
5277
I WHEREAS,the Ocean Reef master planned community is a 100+ acre community which
2 is inaccessible to the surrounding community and has a distinct community character which has
3 additional regulations and is monitored and maintained by their homeowners association or similar
4 entity; and
5
6 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
7 considered the proposed amendment at a regularly scheduled meeting held on January 25, 2022;
8 and
9
10 WHEREAS,the Monroe County Planning Commission held a public hearing on April 26,
11 2023, for review and to provide for public input, and adopted Resolution No. P11-23
12 recommending approval of the proposed amendment; and
13
14 WHEREAS, at a regular meeting held on the 21 st day of June 2023, the Monroe County
15 Board of County Commissioners ("Monroe County", "BOCC", "Board", or the "County") held a
16 public hearing to consider the transmittal of the proposed text amendment, considered the
17 professional staff report and professional staff presentation and provided for public comment and
18 public participation in accordance with the requirements of state law and the procedures adopted
19 for public participation in the planning process; and
20
21 WHEREAS, at the June 21, 2023, public hearing, the BOCC passed and adopted
22 Resolution No. 231-2023, approving transmittal of the proposed text amendment to the State Land
23 Planning Agency; and
24
25 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
26 Objections, Recommendations and Comments ("ORC")report, received by the County; and
27
28 WHEREAS, the ORC report contained no objections, recommended changes, or
29 comments; and
30
31 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
32 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
33
34 WHEREAS,at a regularly scheduled meeting on the 18th day of October,2023,the BOCC
35 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment
36 and provided for public participation;
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
40
41 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
42 conclusions of law, and exhaustive statements of legislative purpose and legislative intent are true
43 and correct and are hereby incorporated as if fully stated herein.
44
45 Section 2. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
46 amended as follows (deletions are shown stricken through, additions are shown underlined):
2of7
5278
1
2 GOAL 112
3 Ocean Reef master Planned community is a gated 100+ acre master Planned community where
4 Public access is restricted and the community is operated and maintained by the Ocean Reef master
5 association which operates and maintains the provision of comprehensive private utilities,
6 transportation facilities and services. Monroe County recognizes the distinct nature of the Ocean
7 Reef planned development based on its distinct character and shall provide exemptions and
8 reductions to County development standards for the Ocean Reef master planned community.
9
10 The standards, exemptions, reductions provided within Goal 112 and its objectives and policies,
11 shall only be available to properties owned and operated by properties owned by Ocean Reef Club,
12 Inc., and Golf Manor I Condominium Association within the Ocean Reef master planned
13 community that obtain an Ocean Reef overlay district amendment(Code Section 130-141) to the
14 Official Land Use (Zoning) District MM.
15
16 Objective 112.1
17 Monroe County shall exempt or minimize its development standards for nonresidential
18 structures and uses on property owned by Ocean Reef Club, Inc., within the Ocean Reef
19 master planned community, which self-governs its internal land development in order to
20 protect the distinct community character within the Ocean Reef master planned community.
21
22 Policy 112.1.1
23 The following�provisions shall control and supersede existing�provisions of the Monroe
24 County Comprehensive plan relating to nonresidential structures and uses within the Ocean
25 Reef master planned community
26
27 1. To maintain the distinct and existing character within the Ocean Reef master planned
28 community, lawfully established nonconforming nonresidential structures and uses, on
29 property owned by Ocean Reef Club,Inc.,may continue and may be permitted to be rebuilt,
30 even if 100 percent destroyed,provided that they are rebuilt to preexisting use and that the
31 nonconformity is not expanded or further violated. Accessory uses or structures associated
32 with a lawfully established nonconforming nonresidential principal use may be permitted,
33 consistent with subsection b.
34
35 a. Notwithstanding Objective 101.9, Policy 101.9.4, and Policy 105.1.4, lawfully
36 established nonconforming nonresidential principal structures, on property owned
37 by Ocean Reef Club, Inc., that are destroyed, substantially damaged, or substantially
38 improved may be repaired,restored and/or replaced within the existing footprint of the
39 lawfully established nonconforming nonresidential structure.
40
41 b. Notwithstanding Objective 101.8.2, 101.8.3, 101.8.4, 101.9, Policy 101.9.4, and
42 Policy 105.1.4, lawfully established nonconforming nonresidential accessory uses
43 and structures, on property owned by Ocean Reef Club, Inc., within the Ocean Reef
44 master planned community that are destroyed, substantially damaged, or substantially
45 improved may repaired, restored and/or replaced without expansion. The
46 nonconforming nonresidential accessory use or structure may continue if its principal
3 of 7
5279
I use or structure is discontinued or removed for redevelopment,provided that the owner
2 is moving forward with continual development and with active concurrent permits for
3 redevelopment of a principal use or structure.
4
5 In the absence of an active concurrent permit for redevelopment of a principal use or
6 structure on the site, the lawfully established nonconforming accessory structure and
7 use may remain for up to five years from the date of a disaster event. The Board of
8 County Commissioners may extend the five- year time limit within the Ocean Reef
9 master planned community by resolution, if needed.
10
11 2. Lawfully established nonresidential structures and uses, on property owned by Ocean
12 Reef Club, Inc., may be repaired, restored and/or replaced using the previously approved
13 open space ratio, provided stormwater management is in compliance with the Policy
14 101.10.1 and Code Section 114-2(a)(5):
15
16 a. Lawfully existing nonresidential principal structures and uses, which are
17 nonconforming as to open space, may remain, be repaired, substantially improved,
18 restored, or replaced without expansion provided the lawfully existing shoreline
19 setback is maintained and not reduced.
20
21 b. Lawfully existing nonresidential accessory structures and uses, which are
22 nonconforming as to open space, may remain, be repaired, substantially improved,
23 restored, or replaced without expansion provided the lawfully existing shoreline
24 setback is not reduced and is consistent with subsection 6 of this Policy.
25
26 3. Notwithstanding subsection 2 above, new nonresidential principal and accessory
27 structures on property owned by Ocean Reef Club, Inc. may be developed using the
28 following open space standards, provided stormwater management is in compliance with
29 Policy 101.10.1 and Code Section 114-2(a)(5):
30
31 a. New nonresidential principal and accessory structures development shall have a
32 minimum open space requirement of twenty_percent(20%)provided the clearing limits
33 in Policy 101.5.27 are not exceeded and development is not proposed within a wetland
34 areas identified in Policies 102.1.1 or 204.2.2.
35 b.Notwithstanding _Policy 101.5.25,nonresidential parcels designated 101.5.25,nonresidential parcels designated Residential Low
36 (RL) on the Future Land Use Map (FLUM) and located within the Sparsely Settled
37 zoning (SS) district with lawfully established nonresidential structures, shall have a
38 minimum land use open space requirement of twenty_percent(20%).
39
40 4. The development and redevelopment of nonresidential structures and uses within Ocean
41 Reef Master Planned Community are exempt from the below listed Goals, Objectives, and
42 Policies related to concurrency, because Ocean Reef Club, Inc., is responsible for
43 providing, financing, operating, and regulating its facilities and services needed to serve
44 development within the Ocean Reef master planned community:
45 a. Policy 301.1.1 - County Road LOS
46 b. Objective 301.2 - Road LOS
4of7
5280
I c. Policy 701.1.1 -Potable Water LOS
2 d. Policy 801.1.1 - Solid waste LOS
3 e. Policy 1001.1.5 — Stormwater standards
4 f. Policy 1201.1.1 - Recreation LOS
5
6 5. Notwithstanding Policy 212.2.4, nonresidential accessory structures will be permitted in
7 shoreline setbacks, on property owned by Ocean Reef Club, Inc., within the Ocean Reef
8 master planned community as follows:
9
10 a. Along lawfully altered shorelines adjacent to manmade canals, channels, and basins:
11 i. The combined area of all accessory structures may occupy up to ninety percent
12 (90%) of the upland area of the required 20-foot shoreline setback.
13 ii. Accessory structures, including, but not limited to, pools, spas, and any screen
14 enclosure over pools or spas shall be set back a minimum of five (5) feet from the
15 MHW line. With the exception of docks and erosion control structures, an
16 accessory structure other than those listed above not exceeding 18 inches in height
17 as measured from grade may be permitted within the 20-foot shoreline setback if
18 constructed to avoid any off-site discharge of stormwater from the subject parcel.
19
20 b. Along unaltered or unlawfully altered shorelines located along natural non-dredged
21 waterways and open water:
22
23 i. The combined area of all accessory structures may occupy up to sevenly percent
24 (70%) of the upland area of the required 50-foot shoreline setback.
25
26 ii. Accessory structures, including, but not limited to, pools, spas, and any screen
27 enclosure over pools or spas shall be set back a minimum of ten (10) feet from the
28 MHW line or the landward extent of the mangroves,whichever is farther landward,
29 and shall be located in upland areas. With the exception of docks and erosion
30 control structures, an accessory structure other than those listed above not
31 exceeding 18 inches in height as measured from grade may be permitted within the
32 50-foot shoreline setback if constructed to avoid any off-site discharge of
33 stormwater from the subject parcel.
34
35 c. All other shoreline setback provisions for principal and accessory structures within
36 Policy 212.2.4 shall Uply.
37
38 6. The development and redevelopment of nonresidential structures shall be subject to the
39 height limit and exceptions included within Policies 101.5.30 and 101.5.31.
40
41 Obiective 112.2
42 Monroe County shall exempt or minimize its development standards for lawfully established
43 residential dwelling units within the Ocean Reef master planned community, which self-
44 governs its internal land development in order to protect the distinct community character
45 within the Ocean Reef master planned community as specified in the policies below.
46
5 of 7
5281
I Policy 112.2.1
2 The following provisions shall control and supersede existing provisions of the Monroe
3 County Year 2030 Comprehensive Plan for lawfully established residential dwelling units,
4 properties within the Ocean Reef master planned community_
5
6 1. In recognition of residential dwelling units previously permitted prior to the adoption of
7 any Monroe County Comprehensive Plan, notwithstanding _PolicyPolicy 101.5.25, parcels
8 designated Residential Low (RL) on the Future Land Use Map (FLUM) with a lawfully
9 established residential dwelling unit, shall have a minimum land use open space
10 requirement of fifty percent(50%).
11
12 Section 3. Construction and Interpretation. This Ordinance and its interpretation shall
13 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
14 County and such construction and interpretation shall be entitled to great weight in adversarial
15 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
16 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
17 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
18 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
19 enforced in favor of the Board of County Commissioners of Monroe County ("BOCC") to
20 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
21 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
22 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
23 appeal.
24
25 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
26 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
27 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
28 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
29 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
30 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
31 continue unimpaired in full force and effect.
32
33 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
34 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
35 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
36 repealed thereby.
37
38 Section 6. Transmittal. This ordinance shall be transmitted by the Director of Planning to
39 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
40
41 Section 7. Filing and Effective Date. This ordinance shall be filed in the Office of the
42 Secretary of the State of Florida but shall not become effective until a notice is issued by the State
43 Land Planning Agency or Administration Commission finding the amendment in compliance with
44 Chapter 163, Florida Statutes and after any applicable challenges have been resolved.
45
6of7
5282
I Section 8. Inclusion in the Comprehensive Plan. The text amendment shall be
2 incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing
3 amendment may be renumbered to conform to the numbering in the Monroe County
4 Comprehensive Plan.
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
7 Florida, at a regular meeting held on the 181h day of October, 2023.
8
9 Mayor Craig Cates, District 1
10 Mayor Pro Tem Holly Merrill Raschein, District 5
11 Commissioner Michelle Lincoln, District 2
12 Commissioner James K. Scholl, District 3
13 Commissioner David Rice, District 4
14
15
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA
18
19 By:
20 Mayor Craig Cates
21
22 (SEAL)
23
24 ATTEST: KEVIN MADOK, CLERK MONAOE COUNTY ATTORNEY
25 AP-0
VED
26 � �
s : „12 . MI
27 AS DEPUTY CLERK
7of7
5283
2 �� t
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, Senior Director, A.LC.P., C.F.M., Monroe County Planning and
10 Environmental Resources Department
11
12 From: Cheryl Cioffari, Assistant Director of Planning, A.LC.P., and R. Jay Berenzweig,Principal
13 Environmental Planner, A.LC.P., C.F.M., Monroe County Planning and Environmental
14 Resources Department
15
16 Date: September 15, 2023
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners adopting
19 amendments to the Monroe County Year 2030 Comprehensive Plan to create Goal 112,
20 Objectives 112.1 and 112.2, and Policies 112.1.1 and 112.2.1 establishing site-specific
21 development standards and deviations as well as exemptions from adopted land use and
22 development standards for Ocean Reef as proposed by Ocean Reef Club, Inc. and Ocean
23 Reef Community Association.'
24
25 Meeting: October 18, 2023
26
27
28 I. REQUEST
29
30 On July 24, 2019, the Planning and Environmental Resources Department received an application from
31 Smith Hawks PL, on behalf of Ocean Reef Club, Inc., and Ocean Reef Community Association, Inc.,
32 (collectively, the "Applicant") to amend the Monroe County Year 2030 Comprehensive Plan to create
33 Goal 112, Objectives 112.1 and 112.2, and Policies 112.1.1 and 112.2.1 establishing site-specific
34 development standards, deviations and exemptions. The Applicant has revised the proposed text with
35 the most recent submission received on February 23, 2023.
36
37 The Applicant is requesting a text amendment "to create a site-specific Goal, Objectives, and Policies
38 within the Monroe County Year 2030 Comprehensive Plan (the "Comp. Plan") that shall permit
39 exemptions, reductions, and deviations from development standards and other provisions contained
40 within the Comp Plan for the Ocean Reef site specific area, which consists of the properties identified
41 for inclusion in the Ocean Reef Overlay district in the corresponding Land Use District (Zoning) Map
42 amendment ("LUD") and corresponding Land Development Code amendment, See attached Monroe
43 County Real Estate numbers."
44
45 The Applicant states, "The Amendment seeks to amend the text of the Comp Plan, as provided below
46 by adding Goal 112; Objectives 112.1 and 112.2; and Policies 112.1.1, and 112.2.1, which shall permit
'Monroe County Planning and Environmental Resources Department File No.2019-142.
BOCC SR 10-18-23 Page 1 of 11
File 2019-142
5284
I exemptions, reductions, and deviations from development standards and other provisions contained
2 within the Comp Plan for the properties included in the Ocean Reef Overlay District, which consists of
3 the non-residential properties owned by Ocean Reef Club, Inc. ("Ocean Reef Club"), and the residential
4 property owned by Golf Manor I Condominium Association("Torchwood"). This will allow Ocean Reef
5 Club and Torchwood to self-govern such exempted items."
6 The Applicant's full explanation and justification of the proposed amendment is included in the file for
7 the application.'
8
9 Related Applications
10 LDC Text Amendment
11 On February 19, 2019,the Applicant applied for a text amendment to the Land Development Code3. On
12 October 19, 2021, the Applicant submitted revisions to the application, replacing the previously
13 submitted amendment language, data and analysis. The revised application for Monroe County Planning
14 & Environmental Resources Department File No. 2019-025 establishes to propose the Ocean Reef
15 Overlay District.
16
17 Land Use District(LUD) Map Amendment
18 On June 5, 2020,the Applicant submitted a proposed land use district(zoning)map amendment to apply
19 the proposed Ocean Reef Overlay District to a defined area'.
20
21 II. BACKGROUND INFORMATION
22
23 In 1977,the Monroe County Zoning Board approved the"overall conception of the Master Plan of Ocean
24 Reef' as a major development project in accordance with Ordinance No. 21-75. This approval was
25 memorialized by an unnumbered resolution dated August 25, 1977.
26
27 In 1997, the Master Plan for Ocean Reef was vested under Monroe County Board of County
28 Commissioners ("BOCC") Resolution No. 70-1997. The Master Plan for Ocean Reef was formerly
29 vested under BOCC Resolution Nos. 478-1988 and 539-1988.
30
31 Concept Meeting and Community Meeting
32 In accordance with LDC Section 102-158(d)(3), a Concept Meeting for the Comprehensive Plan text
33 amendments was held April 1, 2019. It was determined that the proposed amendment would not have a
34 County-wide impact and a Community Meeting would not be required in accordance with LDC Section
35 102-158(d)(4).
36
37 Community Meeting and Public Participation
38 A community meeting is not required because the proposed amendment does not to have a County-wide
39 impact.
40
41 Monroe County Development Review Committee and Public Input
42 The Development Review Committee ("DRC") considered the proposed amendment at a regular
43 meeting on January 25, 2022 and received public input.
44
45
z Monroe County Planning and Environmental Resources Department File No.2019-142.
3 Monroe County Planning and Environmental Resources Department File No.2019-025.
4 Monroe County Planning and Environmental Resources Department File No. 2020-088.
BOCC SR 10-18-23 Page 2 of 11
File 2019-142
5285
I Monroe County Planning Commission Meeting
2 The Monroe County Planning Commission considered the proposed amendment at a regular meeting on
3 April 26,2023 and recommended approval through Planning Commission Resolution No.P11-23 of the
4 proposed ordinance.
5
6 Board of County Commissioners Transmittal Meeting
7 On June 21, 2023, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
8 transmittal of the proposed text amendment,considered the staff report,and provided for public comment
9 and public participation in accordance with the requirements of state law and the procedures adoption
10 for public participation in the planning process. The BOCC adopted Resolution 231-2023 transmitting
11 the proposed amendment to the State Land Planning Agency for review and comment.
12
13 Following their review of the proposed amendment, DEO issued an Objections, Recommendations and
14 Comments (ORC) report on September 12, 2023 (attached). The ORC report did not identify any
15 objections, recommendations or comments. The County has 180 days from the date of receipt of the
16 ORC to adopt the proposed amendment,adopt the amendment with changes or not adopt the amendment.
17
18 III. PROPOSED MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TEXT
19 AMENDMENT
20
21 Proposed text amendment (as adopted in Resolution No. 231-2023) is shown as additions in bha b
22 a_.viderfirie and deletions are 23
24 ("'OAL 112
25 4ii d<bu� vv6 �<bi,ad_ _l��aixi �d�iv� � uuu� d w `,,_a,�.<L_� i llfDfD+ acre ���<b ,d�� ��<b � ���� �-��-����uu ��dw
26 access,Css, is restricted arid i(C c oii1 i ij Mi ➢sm Ga �C-a.atldCd4 ,i�M�4 ii�a jriaa jrid'd b d�aC ��� C'-ab�M ��C j iI a ste atl_�a�ao batl iori
_______,_,__ __ _,_ ___7�___,_, _ _ ____ _,_ ___ _ ___,_,_ ______ ____ ___ _, __ __,_,_,_, _ __,_,_,_.
27 w i i Qa �e a t sm arid iii a iritairis alie )rovisiolra o � Ga � �tlC��C'-➢�a' I �tlbVstldd'- VVdblbd�C���� dd.ai➢�a �daauitiorl fii ifiti s
faw_______ _________ __ ___ _____ __ _i_______ _________ ______-__l�__________ -.l2 _ _ __ ____ _ _ 2aw______ _______
28 arid4_services,_ l�4o ii_�i< (_(:it idy,��_i_� ��ees d id _distirict riattl�__o d�i�_Ocea�ri ����_6_.�Cl�<b � igd� d�dv���:��rllll�uid;
29 based on its istiri character and sl� I d exelii2iai � C 1 � i< _1ii��v� _ a��
__ _________ _________ _________ _________ _________ ________ _______ _
30 4�aa<b �d<b �i-m d-:ii aild__, a, <b i _6 ili<b-aa _i �Igt�jty�,
31
32 ` i�d__,d<b � iab d , _x 1111idi� u� , i� uu--------- piovided�_ id dri �:;ag�a l 11 112 arid its, d�D�je 6 ev <b i��.l�!iIii_i� , _ ,�1a11
33 �i i4 fix <ivaiiIabbI _o lii��2i�i les o i���<b ��i��2i��<ba��j D�� �ii�:il��i��d , �� i���
34 �_aii46_Marior I Coridoiidriitnii /'��,�,ociatio�ri ii_d dri d�iv_��i_�_<buM� d iab ,d l li�ab ii i_igiii� �uu �ig�_d i<bd �vDed<blT
35 ar � cear I�ee a a aii rdiidrla iaiu ll �0-11 ll1 � i Official 1,ard Js i i iiii _ _iii _ _ i _ ii i� �
36
iiistriim"I M<bli.
37
11112.1
39 4 didiiii< iiuuu�ay,,4i<i44 x iiif�a iii ii�i �i �iei iai, �ii vi4iii�iii� is ,a<bu��4<b��ii, foririiimi sideroial stnjC atn-e' m
40 <:b.i�d4_uu ,i , ii i_.liiiii_im iiiii_d4_ y_ i d<iu� i_d_ _4uuDim
41 i°� iiiiiiuu pia iiii i i,i46_l iivii ii, jai, iuiaeiiial larid deve4vili!iiL_Lo_ iri iirde o i�ii�ad� a a�vd i,�iisti�rict
42 i.°,0iiiiiiu_uE6dy_i_character wifldri dlvd_�, ceari M_i_6_iii<is,d<_i_l��ab
43
44
45 The 6ii4�iv vi�g iiiivv�i,�vu� , shall control and sa,Wi_ii ede' i_xist rilkwli ovisioris o _acid_ S�Coriio -- iiuu �Ia.,
46 ;_diii� iiv4v i�a ,v il a] �,aiuua auuvi_�m ab �d�_uuse—s_wifliiri__i—e—_Oce-iari-2-eef-11ias,-ter
47 li➢<bi�i�di'4 a � � uu ��ay
48
BOCC SR 10-18-23 Page 3 of 11
File 2019-142
5286
1 -11--,- -T--o---m------n---t-a---n-- --f-i--e----d--s-t-i-n--c--t----a-n--(--Le--x---s-t----g-__,a - -- - --w---fi----n-----f-i-l-e----Oc--e--auto-----R--e--e--l-"-----a--s--t-e--r---pj�a I LI �gl it u
2 COMMi'm .,_I"Ifij]IV "lled rlllurui orduulliiiiig -..e....s.. d.e....n....t......a..l......s....t....r...u..ctures and Uses,3 ][,jr g� _( w e Lby_q��mn Reel"("I , J lc,, a a Id n ay -mitted to be rebijilt.even
%� ---------------- ------�__. -------------------------------- --------
4 if" 110 t -file 0 ��gl, -ovided fliat -file are rebt,dlt 1� -Ind --------------
- --------- L ----------------------------Y------------------j------ -L111 2 --IL
5 noncord" j c_�111111,�,y or fiji-ther violated, Ac ess( Lsgn; or stnjctt'res, associated wi-fll
---------- ----- -------------------------------------------------___my,_,_,_ - -------------------------------____----------------
6 a noricord"ol-11 �esldential consistent
ED.&LED "�g� -,-Iy , � � 1] tte i
------------- -------------------------------------- ----------------- --------- _______--_________
7
8
9 a, Notwiflistanding 11011,9 Poficy
- --------------------------- -J."�b - ---------------- ---------- - ---------
10 n I p!:CsidCnIjaI ) JIFIC"JI!,g] ILM,, M -Y Reel"
22 L _).Mfj �2,A,L
-jLo,iajJ_y__ji [IL(jy y b
12 re )a re restored an d/or
I J (I ----------------------------re
13 n oTIC(:n n"idential sti-twtt're,
-------------------------------
14
15 b------o-t-w----fl-----t-a--n--d---n--g-_Q b-e-c--t-j-v-e--1-1-0--1-1-,-8--,2- --1-1-0--1-1-,-8--_-3-----1-1-0--1-1-,-8--A---,--1-1-0---11-,-9-- --P--o--l-i-c--y---11-0---11--,9-,4--,--a--n--d---Po-fi-cy
16 11 noncord"ormirLL !ij4K,,rfljaI
17 on_jpLopg� ty wried by wi-filin -file Ocean Reel" nmSltel' a ILI�� I
-------------- -- - ---------------------------------------------------------
18 CO I I I'M fliat are dCISI 10 1 Or s
2!2-----!�a----------------------------- -----------ubstantially im )rov �d n aa
---------------------------- -------
19 re and/or 1 wi-filot,ol The noncOrl oTMITI 4 TIOTHT'Siden-lial p--- -------------------------- S ---------------- - -------------------------L---------L---------------J-----J----
20 ac I'LL trtwttn-e mg�, _�Itqjfflje L
----C-C,S, -.2L S,------------------ _i--- ------- jIsAII-i-n-C J1.)a I e--or c on tin_t,�e(I-(:)I-
t
21 T C,I I u_O_V_C�(I--- I I-o-vided_-.01 at--.01 e--oWTI er--i s,--f-lo-o V wj_.fjI--c-o-n-ti n Ij a].
22 e IV C�I ��m t--a n-d-wifl I--a cti-y-e--corl Cljrr CI (I e V e I op!!!L��Ll -jt��,j t,�se or
-------------
23
24
25 In flie absence of"an ac-live c(:�ncuuill ------------------------- ------ 1-
26 on .01C, site, -file Jawl"Ldly n"tablished noricord"orn'd �,m Il-twl't've arld lJSle, mgliay
---- ----- ------ ------------------ -------------------------- -----------ltu,� - - - -----------------------------------------
27 l"ol, t1p t�! i fi-om -file date of'a disaster event, The Board of'(`oll i
------------------------------------------------------------------------------------------- --------L---------------
28 findt wi-filin -file Ocean
----------------------------------------------------------------------
29 needed,
30
31 2, 1 established nonresidential sti-twtt.res,
--------L _RY---------------------------------------------------------------------- -------- jr �.?g
32 Chlb ---------------------------- ------)11.
d restored and/ol I- Up! �_-appro-vd ( en-spa c-e
33 rati_!,_provjded stormwater �In �111, Is In compliance wi-fll -file Poficy JQJI and LDC
---------------------------------- ------------------- ----------------------------------- jl�jj-- - ---------------
34
------------ - -------
35
36 a, Law_li' I nesi rd To
- _ ------- --
37 as_tO_opg s]r ay ��Ln�ijrl be �j sijbstantially jmpE�jy -,t!,�Egst, �jp!aced
---- ---- --- - ----- ------- t--------------------- ➢------ --------
38 wi.� I I or I 'horefine setback is maintained and not
----- -----------------------------------------------------------------------
39 re(ftwed'.
40
41 b, Lawfi.fll nonresidential accessoTy 1 11 if
Y_��20,s.!Ju--------------------------------------- � _SITLJcttn-es anc j,s-es'-which-are noncord"or � I_g
------------------------ ---------------------------
42 aSI tO I
-��y bC, re]r-.-jjr smbstantially it �d
---- ------- Lm __L� - ---- ---------- ---------------- ------ _,!gj!jace__
43 with
is.
_x----ft D rg i_j i n-e-_s_e tb_a_ck__i s, n-ot-re d ij c e-d-_an d__j s,_
44 consistentwi-fli sl..bsectjon 6 of'-fids, Poficy,
45
46 1 2 ab ove ne w tnjctt'res, o n
------------------------ ------------------------- --------------------------------- - -- s------------------------
47 ][,jr g� __ow i e fjlj� -,-!,Y !� 1jsin -file l"oflowi (:pg� I
IM _LtI.y -----i---Q _'Jlt�---111� j __g -d--------g--------------------1's---� -1----,llabi_im
BOCC SR 10-18-23 Page 4 of 11
File 2019-142
5287
|
2 �
3
4 a, New nonresidential
5
6
7
8
9
|0
|| �
|2
|3
|4flie below listed je,
|5
|6 � lating ts, 1"'icilities,and services,needed to serve devejo]r .0le Ocean
|7
|8
|9
20
2|
22
23
24
25
26a Ocean Reel" ' t b Ir c wifldn flie Ocean Reef master
27
28
29
30 i
3|
32 '
33
34 (:)I docks, and erosion control SKEY 11,111CIA11T,
35
36
---------------------------------------------------------------------------------------------------------------
37
38
39
40
4|
42 i
43
44
45
46
47 fine or .0le landward extent of.0le nuttl
48
80CC8D |0'|8-B Page 5oI11
Filu20|9'|42
5288
1 atl1rl a C C SISIOU structure o h r dliatllri dliG:�s list d atlbov flo C xc C('-difi g 7� � b�M���C'-am irl I IC'b
2 <b ,uu � � <u� u<bw < 1� u �a � �o � afD 6� �: a � �� a aD <b�) 6 �uu ,auu� o .
3 o avoid abrr�,y g�d6 m�a�_��� ,���ab� � ��d ,00rfll ab e d�����u oli�___;u_u0����_d.
4
5 c,_ All�oflier shoreliriesetback<bck p �:vi ,ivuu , 6o . m , d � ,v ��uu ��a � _ � - � ���1 ,
8 6, _h d vxl )Mi� eri abrrid redevv_l 1-efla��d uu�� ��v ,���� �a�<b� strtw_tn-e , ,hall b �,uubie o o i hei 411t
9 lifid0_a
10burl�
______
11112.2
12 uv < uuuuy Lt1,jt 11dr l �e� as, d velo )11e It `obrldard , for la duuIlyvvr � ` j � _ -,------
13 .
v ,�� _ua�ab� v v���� M uu ��a , wifl1vvu-_gii�__O e aburl 1�ee <b ,a _ _.l� au � _ �g uuu ��a _ i licl keel- vv����,
14 It, Iftni l lbrld d ve] itifc � M I I f1 Characteriddfl i Ocebru_ r w _ _ µ
15 vd <b ,o_v au � ,_�� uuu ��o _ab_`,_`_mj[1 �i1Jed_ uru_o�i _M1�� ����e�. D elow.
16
17m1N �.r �j�j � ,
18 The 6�����v vuug i���vv� ,�v�uu , ,hall control aurld �,uu1!�Lsede_ e_x stIfllk. ovisiouris o _ ie Moriro (_-)uu-rud .
19 _auv "(D fD _�:vv u � v � ,�v _ �<b 6� lawduu� _,a<bOv�v'LIsv � resi eruaia l dwe Ji a __uu uJo`_, m1� �:al _ a�v ,
20 wi.01irru_1_ __0C_ a f1_1� e 6_11�ab „_
21
22 11, u I fresideritial �iv� _—1 a uuu� a , fi x vJvvuu ,Iy 1� I]Jtt_��_1� o _o 0 a do.f,.�tjoru ��6_<bu�y
23 moflro___C( lufo __�Cofy1 1lvi v i�ml,v <b a �� a,��is �,mo<u i�)� � �illa��.y II fD]� v __1 abla a, � _gym uab_ag
24 1�_esidefoi_aul i_iv �I is I d x �_urun- I_aburld t s S�Iar �� � �� i-01 `° lab id_uuIly v ,o<b0��� "lled.
25 resi eruoia l dwellir u� � d. _`, <b�� abvv_<b,_ u� uvvMuuu �ab�rl�i_uu�, _�1� _u� ,1�ab�v_ � uuvr�_fluefla_of fi6.0�_11��_�� �_�o:
26
27
28 IV. ANALYSIS OF PROPOSED AMENDMENT
29
30 The proposed text amendment establishes a goal, objectives and policies in the Comprehensive Plan that
31 identifies the distinguishing characteristics of Ocean Reef and indicates that an overlay obtained the land
32 use district amendment is required to receive the standards and exemptions provided therein. Ocean Reef
33 regulates development standards and monitors development requests by its members. Monroe County
34 recognizes the distinct nature of the Ocean Reef Planned development based on its distinct character and
35 internal development standards.
36 Monroe County has already recognized Ocean Reef as distinct in its development and location and has
37 allowed for modification of some of the County's Comprehensive Plan Polices and regulations
38 established within the Land Development Code (LDC), including but not limited to maximum height,
39 the County's Rate of Growth Ordinance(ROGO) and specific development approval requirements, such
40 as conditional use approval. The proposed amendment further recognizes Ocean Reef's ability to self-
41 govern with regards to certain aspects controlled by the County's Comprehensive Plan and Land
42 Development Code to insure the welfare of its residents and consistent development.Furthermore,Ocean
43 Reef has existing covenants and restrictions that address the development standards requested to be
44 modified or exempted by Ocean Reef. Ocean Reef's existing internal development rules and regulations
45 seek to control the development of residential and non-residential projects in order to maintain the
46 community character of the master association and protect the interests of its residents and property
47 owners.
BOCC SR 10-18-23 Page 6 of 11
File 2019-142
5289
1
2 The proposed amendment specifies which provisions shall control and supersede specific provisions for
3 nonresidential uses and structures within Ocean Reef. Specifically, the proposed amendment would
4 provide for Goal 112;Objectives 112.1 and 112.2; and Policies 112.1.1,and 112.2.1,which would permit
5 exemptions, reductions, and deviations from development standards and other provisions contained
6 within the Comprehensive Plan for properties identified and included in the proposed Ocean Reef
7 Overlay District. These properties consist of the nonresidential properties owned by Ocean Reef Club
8 and the residential property owned by Golf Manor I Condominium Association (also known as
9 Torchwood).
10
11 The proposed amendment includes several modifications as outlined herein for parcels with lawfully
12 established nonresidential principal and accessory structures. First, the proposed amendment would
13 allow for the replacement of lawfully established nonconforming nonresidential structures owned by
14 Ocean Reef Club. Inc. within the existing footprint. Second, the proposed amendment includes a
15 proposal to relax the open space requirements for parcels containing nonresidential structures and uses,
16 including parcels designated within the Residential Low(RL) FLUM and Sparsely Settled (SS)land use
17 (zoning) district that contain lawfully established nonresidential structures. This is intended to address
18 issues related to potential improvement of an existing tennis facility (recreational facility) that is
19 currently noncompliant with open space. The proposed amendment would allow improvements to the
20 recreational facility provided compliance with all other regulations is demonstrated. Third,the proposed
21 amendment would exempt said nonresidential structures from listed Goals, Objectives, and Policies
22 related to concurrency because Ocean Reef Club, Inc., is responsible for providing,financing, operating,
23 and regulating its facilities and services needed to serve development within the Ocean Reef master
24 planned community. This includes County Road Level of Service (LOS), Potable Water LOS, Solid
25 Waste LOS, Stormwater Standards (with some exceptions) and Recreation LOS. Finally, the proposed
26 amendment would reduce the open space requirements for accessory uses and structures within the
27 shoreline setback.
28
29 Additionally,the proposed amendment modifies the required open space for residential properties within
30 the Residential Low (RL) future land use map category with lawfully established dwelling units. This is
31 to expressly assist and address issues that have arisen from proposals to make improvements with the
32 Torchwood area which have been affected by the existing open space regulations.
33
34 The proposed amendment has undergone multiple revisions in response to Staff's comments and analysis
35 since the initial submission of the application to ensure consistency with the County's Comprehensive
36 Plan.
37
38
39 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
40 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
42 County 2030 Comprehensive Plan. Specifically,it furthers:
43
44 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
45 County residents and visitors, and protect valuable natural resources.
46
47 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential development
48 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall
49 limit the number of permits issued for new residential dwelling units The ROGO allocation system shall apply
BOCC SR 10-18-23 Page 7 of 11
File 2019-142
5290
I within the unincorporated area of the county, excluding areas within the county mainland and within the
2 Ocean Reef planned development(Future development in the Ocean Reef planned development is based upon
3 the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the
4 Department of Community Affairs).New residential dwelling units included in the ROGO allocation system
5 include the following: affordable housing units; market rate dwelling units; mobile homes; and institutional
6 residential units(except hospital rooms)...
7
8 Objective 101.5: Monroe County shall regulate future development and redevelopment to maintain and
9 enhance the character of the community and protect natural resources by providing for the compatible
10 distribution of land uses consistent with the designations shown on the Future Land Use Map.
11
12 Policy 101.5.27: All development shall be subject to clearing limits defined by habitat and the location of the
13 property in the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing
14 limits of upland native vegetation for properties in the Ocean Reef planned development shall be limited to
15 40 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, II,
16 III and Tier III-A shall be limited to the following percentages or maximum square footage...
17
18 Policy 105.2.1: Monroe County shall designate all lands outside of mainland Monroe County, except for the
19 Ocean Reef planned development,into three general categories for purposes of its Land Acquisition Program
20 and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are:
21 Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier II) on Big Pine Key and No Name Key
22 only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches
23 associated with each tier are as follows...
24
25 Policy 105.1.4: Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
26 prepare redevelopment standards and within one year afterwards, shall amend the LDC to address the large
27 number of nonconforming commercial structures that are non-compliant as to on-site parking, construction
28 and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing
29 character and constraints of the different island communities, regulations can be adopted that provide
30 incentives for redevelopment and permit the continuance of businesses while moving towards an integrated
31 streetscape.
32
33 Policy 205.1.1: The County shall establish the following criteria, at a minimum, to use when designating
34 Tiers:
35 *****
36 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation.
37
38 *****
39
40 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
41 Area, Section 380.0552(7), Florida Statutes.
42
43 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
44 the principles for guiding development and any amendments to the principles, the principles shall be
45 construed as a whole and no specific provision shall be construed or applied in isolation from the
46 other provisions.
47
48 (a) Strengthening local government capabilities for managing land use and development so that local
49 government is able to achieve these objectives without continuing the area of critical state concern
50 designation.
51 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
52 wetlands, fish and wildlife, and their habitat.
BOCC SR 10-18-23 Page 8 of 11
File 2019-142
5291
I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
2 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
3 their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
5 development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
7 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
8 ensuring that development is compatible with the unique historic character of the Florida Keys.
9 (g) Protecting the historical heritage of the Florida Keys.
10 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
11 public investments,including:
12
13 1. The Florida Keys Aqueduct and water supply facilities;
14 2. Sewage collection, treatment, and disposal facilities;
15 3. Solid waste treatment, collection, and disposal facilities;
16 4. Key West Naval Air Station and other military facilities;
17 5. Transportation facilities;
18 6. Federal parks,wildlife refuges, and marine sanctuaries;
19 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
20 8. City electric service and the Florida Keys Electric Co-op; and
21 9. Other utilities, as appropriate.
22
23 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
24 replacement of stormwater management facilities; central sewage collection; treatment and disposal
25 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
26 disposal systems.
27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
28 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
29 applicable, and by directing growth to areas served by central wastewater treatment facilities through
30 permit allocation systems.
31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
32 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
34 manmade disaster and for a postdisaster reconstruction plan.
35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
36 Florida Keys as a unique Florida resource.
37
38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
39 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
40
41 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
42 Specifically, the amendment furthers:
43
44 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and
45 enhance present advantages; encourage the most appropriate use of land, water, and resources,
46 consistent with the public interest; overcome present handicaps; and deal effectively with future
47 problems that may result from the use and development of land within their jurisdictions.
48 Through the process of comprehensive planning, it is intended that units of local government can
49 preserve, promote, protect, and improve the public health, safety, comfort, good order,
50 appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate
51 the adequate and efficient provision of transportation, water, sewerage, schools, parks,
BOCC SR 10-18-23 Page 9 of 11
File 2019-142
5292
I recreational facilities, housing, and other requirements and services; and conserve, develop,
2 utilize, and protect natural resources within their jurisdictions.
3
4 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal
5 status set out in this act and that no public or private development shall be permitted except in
6 conformity with comprehensive plans, or elements or portions thereof,prepared and adopted in
7 conformity with this act.
8
9 163.3177(1), F.S. —The comprehensive plan shall provide the principles, guidelines, standards, and
10 strategies for the orderly and balanced future economic, social, physical, environmental, and
11 fiscal development of the area that reflects community commitments to implement the plan and
12 its elements. These principles and strategies shall guide future decisions in a consistent manner
13 and shall contain programs and activities to ensure comprehensive plans are implemented. The
14 sections of the comprehensive plan containing the principles and strategies, generally provided
15 as goals, objectives, and policies, shall describe how the local government's programs, activities,
16 and land development regulations will be initiated, modified, or continued to implement the
17 comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion
18 of implementing regulations in the comprehensive plan but rather to require identification of
19 those programs, activities, and land development regulations that will be part of the strategy for
20 implementing the comprehensive plan and the principles that describe how the programs,
21 activities, and land development regulations will be carried out. The plan shall establish
22 meaningful and predictable standards for the use and development of land and provide
23 meaningful guidelines for the content of more detailed land development and use regulations.
24
25 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
26 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall
27 be implemented, in part,by the adoption and enforcement of appropriate local regulations on the
28 development of lands and waters within an area. It is the intent of this act that the adoption and
29 enforcement by a governing body of regulations for the development of land or the adoption and
30 enforcement by a governing body of a land development code for an area shall be based on, be
31 related to, and be a means of implementation for an adopted comprehensive plan as required by
32 this act.
33
34
35 VL PROCESS
36
37 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
38 Planning Commission, the Director of Planning, or the owner or other person having a contractual
39 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
40 process applications as they are received and pass them onto the Development Review Committee and
41 the Planning Commission.
42
43 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
44 the application, the reports and recommendations of the Department of Planning & Environmental
45 Resources and the Development Review Committee and the testimony given at the public hearing. The
46 Planning Commission shall submit its recommendations and findings to the Board of County
47 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
48 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
BOCC SR 10-18-23 Page 10 of 11
File 2019-142
5293
I given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
2 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
3 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
4 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
5 changes or not adopt the amendment.
6
7 VIL PROFESSIONAL STAFF RECOMMENDATION
8
9 The professional staff of the Monroe County Planning and Environmental Resources Department
10 recommends approval of the proposed amendment.
11
12
13 VIIL EXHIBITS
14
15 1. Draft Ordinance
BOCC SR 10-18-23 Page 11 of 11
File 2019-142
5294