Ordinance 004-2024 -n
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3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 004 -2024
9
10 AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE
11 MONROE COUNTY LAND DEVELOPMENT CODE TO NEWLY
12 CREATE SECTION 130-143 TO CREATE A "TAVERNIER KEY
13 COMMERCIAL OVERLAY DISTRICT"; INCLUDING THE PURPOSE
14 AND INTENT, BOUNDARY, APPLICABILITY, NROGO ALLOCATION
15 STANDARDS, AND MAXIMUM NONRESIDENTIAL AND
16 RESIDENTIAL DEVELOPMENT POTENTIAL; FOR PARCELS
17 LOCATED AT 92501 OVERSEAS HIGHWAY, KEY LARGO,
18 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS
19 00089490-000000 AND 00490250-000000, APPROXIMATELY LOCATED
20 AT MILE MARKER 92.5;AS PROPOSED BY CEMEX CONSTRUCTION
21 MATERIALS FLORIDA, LLC, F/K/A SINGLETARY CONCRETE
22 PRODUCTS, INC.; PROVIDING FOR SEVERABILITY; PROVIDING
23 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
25 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
26 MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.
27
28 WHEREAS, on or about March 23, 2022, the Monroe County Planning and Environmental
29 Resources Department received an initial application from Singletary Concrete Products Inc. and Cemex
30 Construction Materials LLC ("Applicants") via their retained agent Smith/Hawks P.L. and from The
31 Vestcor Companies Inc. and Blackstone Group - Tavernier 925 LLC ("Developers"), seeking for the
32 Monroe County Board of County Commissioners ("BOCC", "Monroe County", "Board", or the
33 "County") to approve the creation of a Tavernier Key Commercial Overlay District ("Commercial
34 Overlay", "Tavernier Commercial Overlay", or "Commercial Overlay District") by approving the
35 creation of Land Development Code ("LDC") Section 130-143, including the purpose and intent,
36 boundary, applicability, NROGO allocation standards, and maximum nonresidential and residential
37 development potential for two (2) parcels of land located at 92501 Overseas Highway, Key Largo,
38 currently bearing property identification numbers 00089490-000000 and 00490250-000000 ("subject
39 property" or the"property"); and
40
41 WHEREAS, a corresponding land use district map amendment for the property to apply said
42 Commercial Overlay District was submitted' and is currently being reviewed by the Monroe County
43 Planning and Environmental Resources Department("Department"); and
44
45 WHEREAS, the proposed text previously received, reviewed and considered was changed
46 (revised)by the Applicant by resubmittal by the Applicant on or about January 19, 2024; and
'Monroe County Planning and Environmental Resources Department File No.2022-054.
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I WHEREAS, an amended and restated text amendment application was received on November
2 20, 2023 (the "amended application" or"application")2; and
3 WHEREAS, the subject property is located within the boundary of the Tavernier Livable
4 CommuniKeys Master Plan, a Master Plan for Tavernier Creek Bridge to Mile Marker 97, (the"Monroe
5 County LCP" or"LCP"); and
6 WHEREAS, the subject property is located within the Tavernier Creek to Mile Marker 97 U.S.
7 Highway 1 Corridor District Overlay("TC")as identified in the adopted Tavernier Creek to Mile Marker
8 97 U.S. Highway 1 Corridor Development Standards and Guidelines ("Monroe County Corridor
9 Development Guidelines" or"Corridor Development Guidelines"); and
10 WHEREAS, the adopted Monroe County Corridor Development Guidelines establish that this
11 property is located in the "Suburban Zone" of the adopted Corridor Development Guidelines; and
12 WHEREAS, the "Suburban Zone" of the established Corridor Development Guidelines is
13 characterized by intermittent occurrences of open space, residential development of diverse densities,
14 and industrial and general commercial uses following a pattern similar to that found in the mainland
15 suburbs; and
16
17 WHEREAS,the vision for this established corridor allows the individual zones to maintain their
18 distinctive characteristics, yet, encourages a unified image of the corridor as a whole, where landscape
19 and the built environment share common elements; and
20
21 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
22 proposed text amendment at a regularly scheduled meeting held on October 25, 2022; and
23 WHEREAS, on November 14th, 2022, the Chair of the DRC signed Development Review
24 Committee Resolution No. DRC 13-22 recommending that the Monroe County Planning Commission
25 and Monroe County Board of County Commissioners DENY said amendment to the Monroe County
26 Land Development Code to create this Commercial Overlay District by newly creating Land
27 Development Code Section 130-143; and
28 WHEREAS, the Monroe County Planning and Environmental Resources Department's
29 professional staff report prepared for the Monroe County Planning Commission hearing dated April 13,
30 2023, completed by Assistant Director of Planning Cheryl Cioffari, A.LC.P., and Principal Planner
31 Devin Tolpin, A.LC.P., C.F.M., likewise recommends DENIAL of said amendment; and
32 WHEREAS,the Monroe County Planning Commission("Planning Commission")held a public
33 hearing on April 28, 2023, to review and consider said amendment; and
34 WHEREAS, on April 28, 2023, the Monroe County Planning Commission issued Planning
35 Commission Resolution No. P16-23 recommending that the Monroe County Board of County
36 Commissioners DENY said amendment; and
37
2 Monroe County Planning and Environmental Resources Department File No.2022-053.
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I WHEREAS, following the public meeting of the Monroe County Development Review
2 Committee, following the public hearing of the Monroe County Planning Commission, and following
3 the DRC's and the Planning Commission's recommendations that the Monroe County Board of County
4 Commissioners DENY the proposed amendment, the Applicant then submitted a revised proposed text
5 amendment to the Planning and Environmental Resources Department on or about January 19th 2024,
6 for the Board of County Commissioners to consider; and
7
8 WHEREAS, the Monroe County Planning and Environmental Resources Department's
9 professional staff report dated January 23, 2024,prepared for the Monroe County BOCC's special public
10 hearing dated February 15, 2024, completed by Assistant Director of Planning Cheryl Cioffari,A.LC.P.,
11 and Planning and Development Review Manager Devin Tolpin, A.LC.P., C.F.M., recommends that the
12 Monroe County BOCC DENY this proposed text amendment to the Monroe County Land Development
13 Code to create this Commercial Overlay District by newly creating Code Section 130-143; and
14
15 WHEREAS, at a duly noticed special public hearing dated February 15, 2024, the Monroe
16 County Board of County Commissioners considered the foregoing and the Department's most recent
17 professional staff report recommending that the Monroe County BOCC DENY this proposed text
18 amendment to the Monroe County Land Development Code to create this Commercial Overlay District
19 by newly creating Code Section 130-143, and provided for public comment and public participation in
20 accordance with the requirements of state and local law; and
21
22 WHEREAS, based upon the documentation submitted and information provided, including but
23 not limited to the documentation and information furnished in the foregoing Monroe County Planning
24 and Environmental Resources Department's professional staff reports, the Monroe County Board of
25 County Commissioners hereby enters the following findings of fact and conclusions of law:
26
27 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
28 County Year 2030 Comprehensive Plan; and
29 2. The proposed amendment is consistent with the Principles for Guiding Development for the
30 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and
31 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
32 4. The subject proposed amendmentwill not result in an adverse change in community character
33 to the sub-area which a proposed amendment affects or to any area in accordance with the
34 Tavernier Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and
35 5. The proposed amendment is a necessary adjustment in light of recognition of a need for
36 additional detail or comprehensiveness, incorrect determinations or assumptions or changed
37 conditions as required to approve a change to the text of the Monroe County Land
38 Development Code in accordance with Monroe County Land Development Code Section
39 102-158.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
44 Section 1. Recitals and Legislative Intent. The foregoing recitals and determinations, including
45 but not limited this Ordinance's title, are true and correct, and are hereby incorporated as
46 if fully stated herein.
47
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I Section 2. The above Monroe County Planning and Environmental Resources Department
2 professional staff reports prepared by Assistant Director of Planning Cheryl Cioffari,
3 A.LC.P., and Planning and Development Review Manager/Principal Planner Devin
4 Tolpin, A.LC.P., C.F.M., are hereby incorporated as if fully stated herein and their
5 analysis and determinations of fact and law to the extent not plainly inconsistent with this
6 Ordinance are hereby accepted and adopted as if fully stated herein.
7
8 Section 3. The text of the Monroe County Land Development Code is hereby amended as follows
9 (changes (additions) are shown below via the below underlined text):
10
11 *****
12
14 Section 130-143. Tavernier Commercial Overlay District
15 (a) Purpose and Intent. The purpose of the Tavernier Commercial Overlay District is to implement
16 applicable goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale
17 nonresidential development in a scarified area of the Upper Keys that primarily serves the needs
18 of permanent residents of the Upper Keys. The intent is to provide accessible nonresidential uses
20 to permanent residents of the Upper Keys, while maintaining the character of Tavernier.
21 (b) Boundary. The Tavernier Commercial Overlay District shall be shown as an overlay district on
22 the Official Land Use District map. The Tavernier Commercial Overlay District shall be shown
23 as the boundary of the parcels with Monroe County Parcel ID numbers 00490250-000000 and
24 00089490-000000, and depicted in the map below:
25
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OLEANDER era N
Prey (Largo
Approx.4 MIM 92.5 :. ..
�Il ...
II
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00089490-000000
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° 00490250-000000
3 (c) Applicability. Development within the Tavernier Commercial Overlay District shall be
5 subject to the following standards:
6 1. An amendment to the Official Land Use District Map is required and such overlay shall be
7 shown on the Official Land Use District Map.
8 2. The development of a single nonresidential structure that contains more than 10,000 square
9 feet within the Overlay District shall be subject to the terms and conditions of an approved
10 Development Agreement as defined in sections 110-132, 110-133, and must include:
11 a. Provisions for the development of 86 workforce housing dwelling units on site. The
12 distribution of said workforce housing units (low, very low, median and moderate)
13 provided on site shall be memorialized and provided for in the Development Agreement,
14 and
15 b. Preferred leasing standards for essential workers of the workforce units, and
16 c. An approved site plan that includes the following in addition to all site requirements in
17 accordance with the Land Development Code:
18 i. A pedestrian walkway connecting the nonresidential parking area to the right of
19 way known as Orange Blossom Road. Required lighting for the pedestrian
20 walkway must be in compliance with Chapter 114, Article VI.
21 ii. If outdoor lighting is proposed, in addition to all requirements of Chapter 114,
22 Article VI, such lightingdesigned shall be desigshall be designed and located such that the maximum
23 illumination measured in footcandles at any exterior property line adjacent to
24 residential uses, not included in this overlay, shall not exceed zero (0) for cutoff
25 and noncutoff lights,with the exception of the pedestrian walkway or any lighting
26 required for life safety, as provided by Monroe County.
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I d. A traffic safety analysis completed as part of the required Traffic Study.
2
3 3. All property lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer.
4 4. All development shall be permitted in accordance with the permitted and conditional use
5 requirements of Chapter 130, Article III, Permitted and Conditional Uses.
6 5. Industrial uses are not permitted within the Overlay. Notwithstanding the preceding sentence,
7 industrial uses determined to be lawfully nonconforming existing uses within the Overlay are
8 permitted to remain, and operate, until such time as a building�permit is issued for the
10 nonresidential structure of more than 10,000 square feet.
11 (d) Maximum Development Potential.
12 1. There shall be no allocated or maximum net density standard available for residential market-
13 rate or transient dwelling_ units.
14 2. The Tavernier Commercial Overlay District shall be limited to a maximum total development
15 potential of:
16 a. 49,900 square feet of nonresidential floor area, and
17 b. Eighty-six (86) deed restricted workforce housing dwelling units, and
19 c. Accessory uses and structures.
20 (e) NROGO Allocations. Notwithstanding Section 138-51, the Tavernier Commercial Overlay
21 District shall have the following NROGO allocation standards provided that the criteria set forth
22 in subsections (f), (g) and (h) are satisfied:
23 1. Maximum allocation of nonresidential floor area. The amount of nonresidential floor area
24 to be allocated or transferred to the Tavernier Commercial Overlay District shall be limited
25 to a maximum of 49,900 square feet.
26 2. Maximum floor area per structure. A single nonresidential principal structure within the
27 Tavernier Commercial Overlay District shall be permitted to receive an allocation that
28 expands the structure to more than 10,000 square feet, but not to exceed a maximum of
29 30 49,900 square feet of nonresidential floor area.
31 (f) No building permit shall be issued for a structure receiving an NROGO Allocation or transfer
32 that would expand a nonresidential structure within the Overlay to more than 10,000 square feet
33 unless and until building permits for all 86 workforce housing units have been issued.
35 (g) All new residential units developed within the Overlay shall be subject to the ROGO permit
36 allocation system or transfer of ROGO exemptions of existing lawfully established permanent
37 market rate or affordable dwelling units that have less than five years remaining on the required
39 deed restriction pursuant to Section 138-22(b)(4)b.
40 (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more
42 than 10,000 square feet:
43 1. At least 50%(43)of the required 86 workforce housing units must have received a Temporary
44 Certificate of Occupancy; and
45 2. All required 86 workforce housing units must have received approved foundation
46 inspections.
47
48 (i) All other provisions of the Comprehensive Plan, Tavernier Livable Communikeys Plan, the
49 Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and
50 Guidelines and the Land Development Code aply unless expressly exempted herein.
51
52 *****
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1
2 Section 4. Interpretation and Construction.On the basis that laws, decisions, and determinations
3 issued and/or approved pursuant to or made in accordance with Florida Statutes Chapter
4 163 and Chapter 380 and the Monroe County Land Development Code and
5 Comprehensive Plan are not in derogation of the common law, the ordinance approved
6 herewith shall not be interpreted or construed by any administrative tribunal or court of
competent jurisdiction as in derogation of the common law.
9 Section 5. Non-Reliance by Third-Parties / Non-Reliance by Third-Parties to Enforce Third-
10 Party Claims or Benefits. No third-party natural or legal person(s) shall be entitled to
11 rely upon or utilize any term or provision of this Ordinance to enforce or to attempt to
12 enforce any third-party claim(s) or entitlement(s) to or benefit(s) from any provision of
j3 this Ordinance.
4 L
15 Section 6. Severability. If any provision of this Ordinance, or any part or portion thereof, is held to
16 be invalid or unenforceable by any administrative hearing officer or court of competent
17 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
18 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other
19 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other
20 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue
31 unimpaired in full force and effect.
23 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are
24 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
25 repeal the repealing clause of such ordinance or revive any ordinance which has been
39 repealed thereby.
7
28 Section 8. Transmittal. This Ordinance shall be transmitted to the Florida state land planning
3 3 agency pursuant to Chapters 163 and 380, Florida Statutes.
31 Section 9. Filing and Effective Date. This Ordinance shall be filed in the Office of the Secretary
32 of State of Florida,but shall not become effective until a notice is issued by the Florida
33 state land planning agency("Florida Commerce") or Administration Commission
34 finding the amendment in compliance with Chapter 163, Florida Statutes, and if
ig challenged until such challenge is resolved.
37 Section 10. Effective Date. This Ordinance shall become effective as provided by law and stated
39 33 gg above.
40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
11 at a special public meeting held on the 15th day of . February , 2024.
43 Mayor Holly Merrill Raschein Yes
44 Mayor Pro Tern James K. Scholl Yes
45 : -:: Commissioner Craig Cates No
46 cr 1..h.. Commissioner Michelle Lincoln Yes E.
— -. Commissioner David Rice Yes
1-1.-is.
50 g ko i75"-'. BOARD OF COUNTY COMMISSIONERS
51 - 1 OF MONROE COUNTY, FLORIDA
52El, ?;
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53 �, By: .-.-
54 -- :. MAYOR HOLLY MERRILL RASCHEIN
7 of 8
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KeysNews.com
KE
f IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3917676
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,January 27,2024
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 29th day of January 2024
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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NOTICE OF SUPPLEMENTAL REGULAR UTILITY BOARD MEETING
BUDGET HEARING
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THE CITY OF KEY WEST,FLORIDA,WILL BE HELD
ON WEDNESDAY,JANUARY 31,2024,AT 5:00 P.M.
IN THE KEYS ENERGY SERVICES BOARD ROOM,
p I LOCATED AT 1001 JAM ES STREET.
THE MEETING IS OPEN TO THE PUBLIC.
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MONROE COUNTY BOARD OF COUNTY
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NOTICE OF PUBLIC MEETING AND NOTICE OF
PUBLIC HEARING
rea NOTICE OF CHANGE TO MONROE COUNTY LAND
DEVELOPMENT CODE
FEBRUARY15,2024
NOTICE IS HEREBY GIVEN IM1at on Thursday.February 15,2024,th.Monroe
cant' County Boats of County�mm�ionerawill Ia Speckl pubic Hering,
eaoae Y/o beginning et 10:00 AM.TM1e 80CC mceting will H Htl in M1Ybr'rJ former,
allowing th.public I.attend eu.,sin Zoom Webinar or in person.TM1e
rtopery Si5 in-pemn mcering will HHtlat th.Murray Nekon Goernmem Cenkr,
050o awry roa locetetl et 102150 Osers.s HigM1way,Key Largo,FL.TM1e b ilg item will
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R�'n1O6 8 PUBLIC HEARINGS:10D0 AM(or®coon rHreaXer as may H M1eeMl:
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A1111 III0000o AN ORGINANCE BY THE MONROE COUNTY 80AROOF COUNTY
"p 4floZoo oo COMM15510NER5 ESTABLISHING MONROE COUNTY LAND DEVELOPMENT
M:wc.�5ty c�ta POZ�Sno 45 POZ�Sno CODE SECTION 1301 E3TAVERNIER QTMMERGIAL OVERLAY QGOJ DISTRICT;
h,c� ESTABLISHING PURPOSE AND INTENT BOU NDARV,APPLI CABI FLY NLOGO
ALLOGATI ON STANDARDS,AS OF RI OFF AND CONDITIONAL USES,AND
p �®t MAXIMUM NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT POTENTIAL
FOR PROPERTIES LOCATEDAT 92501 OVERSEAS HIGHWAY,KEY LARGO,
e na.ek 493 APPROXI MATELV MILE MARKER 925,CURRENTLY HAVING PARCEL
IDENTIFICATION NUMBERS 00089490 000000 AND 00490250 000000,AS
PROPOSED BV CEMEX CONSTRUCTION MATERIALS FLORIDµ LLC F/KA,
n"a SINGLETARV CONCRETE PRODUCTS INC;PROVIDING FOR SEVERABILITY
tan"a voflZS�oo PROVIDING FOR REPEAL CONFLICTING PROVIDING
FOR TRANSMITTALTO THE STATE LAND PLANNING AGENCVAND THE
SECRETARY OF STATE',PROVIDING FOR INCLUSION IN THE MONROE
045 COUNTY CODE',PROVIDING FOR AN EFFECTIVE DATE.(FILE 2022-0,G
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NOTICE OF PUBLIC HEARING ON NOTICE OF PUBLIC HEARING ON
PROPOSED ORDINANCE PROPOSED ORDINANCE
The City Commission of the Cityof Key West,Florida,will consider The City Commission of the City of Key West,Florida,will consider the
the following Ordinance for First Reading at a meeting and public following Ordinance for First Reading at a meeting and public hearing to
hearing to be held at 5:00 PM or as soon thereafter as the matter be held at 5:00 PM or as soon thereafter as the matter may be heard,on
February 8,2024 at City Hall,1300 White Street.The hearing for this item
may be heard,on February 8,2024 at City Hall,1300 White Street. may be continued to a date certain as required by the City Commission.
The hearing for this item may be continued to a date certain as
required by the City Commission. ORDINANCE NO.
ORDINANCENO. An Ordinance of the City of Key West,Florida,to amend Chapter 86
of the Land Development Regulations entitled"General Provisions';
An Ordinance of the City of Key West, Florida, to amend Section 56-9 entitled "Definition of terms"; Chapter 108 entitled
Chapter 122 of the Land Development Regulations,entitled "Planning and Development, Article VI entitled "Landscaping';
"Zoning", Article V entitled "Supplementary District Division 3 entitled"Regulations generally';Section 108-452 entitled
Regulations,Division 3 entitled"Area Requirements",Section "Required sight distances for landscaping adjacent to public rights-of-
way and points of access";Chapter 114 entitled"Signs';Article II entitled
"Regulations",Division 4 entitled"Certain boulevards",Section 114-136
Uses"to allow waterbodies to be considered pervious;Pursuant entitled"Definitions"and Section 114-137 entitled"Boulevard safety
to Chapter 9,Article VI,Division 2 of the Land Development zone";Chapter 122 entitled"Zoning",Article V entitled"Supplementary
Regulations of the Code of Ordinances of the City of Key West, district regulations';Division 4 entitled Accessory uses and structures';
Florida; Providing for severability; Providing for repeal of Section 122-1183 entitled"Walls and fences"and Division S entitled
inconsistent provisions;Providing for an effective date. "Land restrictions';section 122-1406 entitled"Obstructionsto visibility"
to require the height of any structure to be measured from the crown
This proposed ordinance may be read in its entirety by requesting of road; Pursuant to Chapter 90,Article VI,Division 2 of the Land
a copy from the City Clerk's Office by either phoning 305-809- Development Regulations of the Code of Ordinances of the City of
3832 to request a copy or emailing Clerk@cityofkeywest-fl.gov.A Key West,Florida;Providing for severability;Providing for repeal of
full copy will also be published with the February 8,2024 agenda inconsistent provisions;Providingfor an effective date.
at www.cityofkeywest-flgov. Any interested party who wishes to
speak on this ordinance should contact the City Clerks Office prior from
proposed ordinance maybe read in its ing 305ety 8 requesting a copy
from the City Clerks Office by either phoning 305-809-3832 to request
to the meeting. a copy or entailing Clerk@cityofkeywest-fl.gov. A frill copy will also be
published with the February 8,2024 agenda at wwwcityofkeywest-flgov.
Pursuant to F.S.286.0105,notice is given that if a person decides to Any interested party who wishes to speak on this ordinance should contact
appeal any decision made by the Commission with respect to any the City Clerks Office prior to the meeting.
matter considered at such meeting or hearing,that person will need
a record of the proceedings,and that,for such purpose,that person Pursuant to F.S.286.0105,notice is given that if a person decides to appeal
may need to ensure that a verbatim record of the proceedings is any decision madeby the Commission withrespect to anymatter considered
made,which record includes the testimony and evidence upon at suchmeetingor hearing,that person will need arecord oftheproceedings,
which the appeal is to be based. and that,for such purpose,that person may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and
ADA ASSISTANCE:It is the policy of the City of Key West to evidenceupon whichthe appeal istobebased
comply with all requirements of the Americans with Disabilities ADA ASSISTANCE:his the policy of the City of Key West to comply with
Act(ADA). Please call the TTY number at 1-800-955-8771 or for all requirements of the Americans with Disabilities Act(ADA). Please call
voice 1-800-955-8770 or the ADA Coordinator at 305-809-3811 at the TTY number at 1-800-955-8771 or for voice 1-800-955-8770 or the ADA
least five business days in advance for sign language interpreters, Coordinator at 305-809-3811 at least five business days in advance for sign
assistive listening devices,or materials in accessible format. language interpreters,assisflve listening devices,or materials in accessible
format.
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GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
February 16, 2024
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 004-2024 by the Monroe County Board of County
Commissioners approving a text amendment to the Monroe County Land Development Code to
newly create Section 130-143 to create a"Tavernier Key Commercial Overlay District";
including the Purpose and Intent, Boundary, Applicability, NROGO Allocation Standards, and
Maximum Nonresidential and Residential Development Potential; for parcels located at 92501
Overseas Highway, Key Largo, currently having Property Identification Numbers 00089490-
000000 and 00490250-000000, approximately located at mile marker 92.5; as proposed by
Cemex Construction Materials Florida, LLC f/k/a Singletary Concrete Products, Inc.; providing
for severability;providing for repeal of conflicting provisions; providing for transmittal to the
State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe
County Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on February 15, 2024. 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 Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County 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
�m
ri ,
f' w� Z
FLORIDA DEPARTMENT" l ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 16, 2024
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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. 004-2024, which was filed in this office on February 16,
2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Fin rde l No. M CO -2.4-020"a r O:
STATE OF.FL
:• .DEPARTMENT OF COMMERCE
In re:• A.LAND-DEVELOPMENT REGULATION • • .• :.• • 'j :rn • •.
ADOPTED BY MONROE COUNTY, FLORIDA, • . •,,,.,�
ORDINANCE.NO..04-2024. .• �..,�:: ► • a
. •
.. • • .. • .......ng-#ram'\. �:7.7.
•
•
•
•
-F
INAL:ORDER .�,���:,
REJECTING MONROE COUNTY ORDINANCE NO. 04-2024 •• r �•�•• • •
• •
The Florida De partment of-Commerce ("Department") hereb issues its Final Order,py
'pursuant:to sections:380.0:5(6) and-380.0552(9), Florida Statutes,.rejecting the land development -
.- regulations adopted by Monroe•County,: Florida (the ."County");. Ordinance No. 04-20.24 (the: • . .• • •..
"Ordinance").
FINDINGS OF FACT.
• • • :• • 1.• The Florida Keys:Area'is:designated by Section 380.05:52, Florida Statutes,as an.• • •
.• - :area.:of critical.state concern. • .• .
•• • 2. The County•is a loca government within the.e Florida-Keys Area..
I.
• • 3. The Ordinance was adopted by:the County on February 15, 2024.
4. The-Ordinance amends.s the County Land Development.Code . o, e to esta is
a •new •overlay commercial:Jai* use. district, the Tavernier •Key. Commercial. Overlay District .
: ("TKCOD"), which is applies to 19.3 acres o .property.
. 5. The Ordinance sets forth the boundary,.maximum development potential, and.Rate• •
• • of Growth Ordinance_(ROGO)allocation standards for residential and nonresidential development:•
within the TKCOD. -
• 6. . The TKCOD development standards exceed those applicable to the Tavernier . .
• community under the Monroe •County Comprehensive Plan, specifically those provided by the .
l
FinalOrder No. COM-24-020
Livable CommuniKeys Master Plan for Tavernier Creek.to Mile Marker 97 ("Tavernier LCP")
and the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor District Overlay (TC)
Development Standards and Guidelines ("Us. 1 Guidelines").
7. By establishing the TKCOD, the Ordinance improperly creates an overlay district
to exempt the subject property from the development standards applicable to other properties
within Tavernier in a manner that is inconsistent with the Monroe County Comprehensive Plan
and fails to maintain the community's character.
CONCLUSIONS OF LAW
8. The e.Department:.is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
9. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ment of land. 3 80.031 8 , Fla. Stat. The regulations
g g p §: ( ) g
adopted by the Ordinance are land developmentg
regulations.
10. The Ordinance is inconsistent with the Monroe County Comprehensive Plan
generally, as required by Section163.3177(1), Florida Statutes. Specifically, the Ordinance is
inconsistent with Policies 101.5.6, 101.19.1, 101.19.2, 105.1.2, and 105.1.3.
11. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat.
12. The Principles for Guiding Development for the Florida Keys Area of Critical State
Concern are set forth in Section 3 80.0.5 52(7), Florida Statutes.
2
Final Order No. COM-24-020
13. The Ordinance is inconsistent with the Principles for Guiding Development as a
whole, and specifically fails to comply with the following:
(a) hbiliti
Strengthening local government capabilities for managing land use and
g g
development so so that local government is able to achieve these
hese objectives ves
without continuing the area of critical state concern designation;
Enhancing naturalscenic resources, the aesthetic benefits of the
gpromoting
natural environment, and ensuring that development is compatible with the
unique historic character of the Florida Keys; and
(g)Protecting the historical heritage of the Florida:Keys.
WHEREFORE, IT :IS ORDERED that the Department finds that Monroe County
Ordinance No. 04-2024 :is inconsistent with the Monroe County Comprehensive Plan and the
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
Digitally signed by Kate Doyle
Kate
Doyle`,_Date:2024.05.14 15:15:19
Kate Doyle, Assistant ssistant Deputy Secretary
Division ity Development
o Community
•
Florida Department of Commerce
3
Final Order No.COM-24-020
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES,BY FILING A PETITION.
N.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMERCE WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA
ADMINISTRATIVE REGISTER.A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
LO F RIDA DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST MAD MADISON ST., MSC 110
TALLAHASSEE,FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@COMMERCE.FL.GOV
YOU WAIVE THE RIGHT.TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK.WITHIN 21 CALENDARDAYS F BEING
PUBLISHED I.N THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA: STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA.
PURSUANT . 7 ART IV,
FLORIDA ADMINISTRATIVE,CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. COMVI-24-020
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this Itikili day of May, 2024.
• J
i A. . _tee/&k..At 11,_o
A'e cyClerk
CD
Florida
a Depart t
nof Commerce
Ma di 110
107 East a s• Street, MSC
Tallahassee,
Florida 32399-4128
Telepho
ne: (850)245-7151
Facs
imile: (850) 921-3230
By U.S. Mail:
The Honorable Craig Cates
Mayor, Monroe County
1100 Simonton Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead ree
Key West, Florida 33040
5
Final Order No. COM-24-020
STATE OF FLORIDA a
DEPARTMENT OF COMMERCE F.
In re: A LAND DEVELOPMENT REGULATION 2:2 CD 2
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 04-2024
11 CO
ORDER GRANTING EXTENSION OF TIME
This matter comes before the Florida Departmentp:artment of Commerce ("Department")u on the
p
request for an extension of time to file a petition by Singletary Concrete Products Inc. and CEIVIEX
Construction Materials Florida, LLC, (collectively, the "Petitioner"). The Department having
reviewed the request and being otherwise fully advised, it is hereby:
ORDERED that Petitioner's request for an extension of time to file a petition is
GRANTED.Petitioner shall file a petition on or before June 27, 2024. Petitioner's failure to file a
facially sufficient petition within the time allotted may result in the dismissal of this matter with
prejudice.
DONE.and ORDERED this 4th day of June 2024, in Tallahassee, Florida.
ourgoin
Deputy General Counsel
id Flor a Department:o f Commerce
1
Final Order No. COM-24-020
.
CERTIFICATE OF FILING AND SERVICE:
I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned
designated Agency Clerk and that true and correct copies have been furnished to the following
persons by the methods indicated this.4th day of June 2024.
tut."' De 46".4.1-°
Ali
Clerk
l
Florida Departmentepartment of Commerce
107 East Madison Stre
et, 110
1 Tahas see, Florida 32399-4128
Tallahassee,
Telephone: (850) 245-7151
Facsi
mile: (850) 921-3230
By E-Mail:
The Honorable Craig Cates
Mayor,Monroe County
1100 Simonton Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Singletary Concrete Products Inc. and CEMEX
Construction Materials Florida,LLC
c/o Barton Smith, Esq.
138 imonton Street,
Key West, Florida 33040
2
Final Order No. COM-24-020
STATE OF FLORIDA
DEPARTMENT OF COMMERCE
In re: A LAND DEVELOPMENT REGULATION
a
ADOPTED BY MONROE COUNTY, FLORIDA, 0
O
ORDINANCE NO. 04-2024 n m
m 70
ix
AMENDED FINAL ORDER = rn
MONROE COUNTY ORDINANCE NO. 04-2024 „ a
Cr c'
The Florida Department of Commerce ("Department") hereby issues its Amended Final
Order, pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes on the land development
regulations adopted by Monroe County, Florida (the "County"), Ordinance No. 04-2024 (the
"Ordinance"). The Department's initial final order issued on May 16, 2024, is hereby superseded
and replaced by this final order. The Department finds as follows:
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern.
2. The County is a local government within the Florida Keys Area.
3. The Ordinance was adopted by the County on February 15, 2024.
4. The Ordinance amends the County Land Development Code ("Code") to establish
the Tavernier Key Commercial Overlay District ("TKCOD"), which applies to 19.3 acres of
property. Establishment of the TKCOD promotes the conversion of scarified land that formerly
housed a concrete manufacturing facility into a mixed-use development project that will provide
workforce housing along with nonresidential development to serve the needs of permanent
residents of the Upper Keys.
1
Final Order No. COM-24-020
5. The Ordinance sets forth the boundary,maximum development potential, and Rate
of Growth Ordinance(ROGO)allocation standards for residential and nonresidential development
within the TKCOD.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Ha Stat.
7. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes. Specifically, the Ordinance is
consistent with Policies 101.5.6, 101.19.1, 101.19.2, 105.1.2, and 105.1.3.
9. All land development regulations enacted, amended,or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat.
10. The Principles for Guiding Development for the Florida Keys Area of Critical State
Concern are set forth in Section 380.0552(7), Florida Statutes.
11. The Ordinance is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 04-2024 is consistent with the Monroe County Comprehensive Plan and the
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
2
Final Order No. COM-24-020
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
Cekadi �p �-
Kate Doyle, Assistant I eputy Secretary
Division of Communit Development
Florida Department of Commerce
3
Final Order No. COM-24-020
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMERCE WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA
ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
FLORIDA DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@COMMERCE.FL.GOV
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. COM-24-020
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 7,byi day of June, 2024.
4
Alk
A_ •ncy Clerk
Florida Departme Commerce
107 East Madiso eet, MSC 110
Tallahassee, Florida 32399-4128
Telephone: (850) 245-7151
Facsimile: (850) 921-3230
By U.S. Mail:
The Honorable Craig Cates
Mayor, Monroe County
1100 Simonton Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5