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Ordinance 034-2010$ zf T W:y N % MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 034 - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY CLARENCE L. NEWMAN AND THOMAS G. NEWMAN, AS TRUSTEES UNDER THE CLARENCE L. NEWMAN RESTATED REVOCABLE TRUST AGREEMENT DATED AUGUST 24, 1993, FOR THE BENEFIT OF CLARENCE L. NEWMAN; CLARENCE L. NEWMAN AND THOMAS G. NEWMAN, AS TRUSTEES UNDER THE VIVIAN C. NEWMAN RESTATED REVOCABLE TRUST AGREEMENT DATED AUGUST 24, 1993, FOR THE BENEFIT OF VIVIAN C. NEWMAN; AND THOMAS G. NEWMAN AND DEBORAH L. NEWMAN, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE THOMAS G. NEWMAN LIVING TRUST, DATED NOVEMBER 29, 2005, AND ANY AMENDMENTS THERETO, FOR THE BENEFIT OF THOMAS G. NEWMAN TO AMEND THE LAND USE DISTRICT MAP DESIGNATION FROM URBAN RESIDENTIAL MOBILE HOME- LIMITED (URM -L) TO URBAN RESIDENTIAL MOBILE HOME (URM) FOR PROPERTY LEGALLY DESCRIBED AS BLOCK 34, LOTS 1 -10 AND 16 -20, MACDONALD'S PLAT (PB1 -55), STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00124560.000000. WHEREAS, during a regularly scheduled public meeting held on October 20, 2010, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by Adele V. Stones, Stones & Cardenas, on behalf of Clarence L. Newman and Thomas G. Newman, as Trustees under the Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the benefit of Clarence L. Newman, Clarence L. Newman and Thomas G. Newman, as Trustees under the Vivian C. Newman Restated Revocable Trust Agreement dates August 24, 1993, for the benefit of Vivian C. Newman and Thomas G. Newman and Deborah L. Newman, Trustees, or their Page 1 of 5 successors in trust, under the Thomas G. Newman Living Trust, dated November 29, 2005, and any amendments thereto, for the benefit of Thomas G. Newman, to amend the subject property's Land Use District designation from Urban Residential Mobile Home - Limited (URM -L) to Urban Residential Mobile Home (URM) in accordance with Section 102 -158 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Tropic Palms Trailer Park, is located at 6125 Second Street on Stock Island, approximate Mile Marker 5, and is legally described as Block 34, Lots 1 -10 and 16 -20, MacDonald's Plat (PB1 -55), Stock Island, Monroe County, Florida, having real estate number 00124560.000000; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The subject property was platted as part of the Maloney subdivision, recorded in plat book 1, page 55. 2. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, Lots 1 -10 were within a RU -3 district (Multiple Family Residence) and Lots 16 -20 were within a BU -2 district (Medium Business). 3. In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to Urban Residential Mobile Home (URM). 4. In 1996, the land use district of the subject property was amended to Urban Residential Mobile Home- Limited (URM -L). 5. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Residential High (RH) with the adoption of the future land use maps. 6. On February 21, 2008, Townsley Schwab, then Acting Senior Director of Planning & Environmental Resources, provided a letter of development rights determination concerning the subject property. The letter stated that 25 permanent residential units, in the form of mobile homes and recreational vehicles, were lawfully established on the property and thereby may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system. 7. Section 102 -158 of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. 8. Pursuant to Section 102- 158(d)(5)b. of the Monroe County Code, the Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates. Page 2 of 5 9. Map amendments shall be consistent with the policies of the Monroe County Comprehensive Plan. 10. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. The existing use of the property is consistent with the purpose of the Urban Residential Mobile Home (URM) district, as set forth in Section 130 -49 of the Monroe County Code; b. The existing use of the property is an as -of -right permitted use in the Urban Residential Mobile Home (URM) district, as set forth in Section. 130 -99 of the Monroe County Code; c. As required by Section 102 -158 of the Monroe County Code, the proposed map amendment shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and d. The proposed map amendment meets one (1) of the factors set forth in Section 102- 158(d)(5)b. of the Monroe County Code: (iv) New issues. 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The existing use of the property is consistent with the purpose of the Residential High (RH) Future Land Use Map (FLUM) designation, as set forth in Policy 10 1.4.4 of the Monroe County Year 2010 Comprehensive Plan; and b. The Urban Residential Mobile Home (URM) district designation corresponds to the Future Land Use Map (FLUM) designation of Residential High (RH), as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the application was heard at a Development Review Committee meeting on July 27, 2010. Planning & Environmental Resources Department Staff found that all required standards shall be met and recommended approval of the application; and WHEREAS, the application was heard by the Planning Commission at a public hearing on September 8, 2010. The Planning Commission voted unanimously to recommend approval of the application as memorialized in Planning Commission Resolution No. P27 -10; and Page 3 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property, which is currently designated as Urban Residential Mobile Home — Limited (URM -L) shall be designated Urban Residential Mobile Home (URM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2 above. Section 4. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 8. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 9. This ordinance shall become effective as provided by law and stated above. Page 4 of 5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20th day of October , 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington Yes Yes Not Prese Yes Yes E COUNTY BOARD OF COUNTY COMMISSIONERS Y L. KOLHAGE, CLERK By ci . Clerk M yor SyKia Murphy MO OE COUNTY ATTORNEY OVED 6S TO F RM Date: O - ti O _ c7 _ M CD cr% CD =C i Tl N n .. o o � O Page 5 of 5 The Monroe County Land Use Map is amended as indicated above. Proposal: Land Use change for RE 00124560- 000000 (1.9 Acres) from N Urban Residential Mobile Home Limited (URM -L) to Urban Residential Mobile Home (URM) Date of Adoption: 10/20/1 Map Created on: September 24, 2010 Planning Horizon: 2010 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294 -4641 FAX (305) 295 -3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX(305)289 -1745 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 November 16, 2010 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 70101670 0001 0244 7549 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 031 -2010 by the Monroe County Board of County Commissioners amending Chapter 8 of Monroe County Code regarding the Department of Code Enforcement; Changing the department name to Code Compliance; Retaining all powers of Code Enforcement in the Department of Code Compliance; Providing for severability; Providing for repeal of conflicting provisions; Providing for codification; providing for an effective date. Ordinance No. 032 -2010 by the Monroe County Board of County Commissioners approving the request by the Monroe County Planning & Environmental Resources Department to amend the Land Use District Map Designation from Native Area (NA) to Park and Refuge (PR) for property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000. Ordinance No. 033 -2010 by the Board of County Commissioners approving the request by the Monroe County Planning and Environmental Resources Department to amend the Land Use District map designation from Suburban Commercial (SC) to Park and Refuge (PR) for property legally described as Whispering Pines Plat No.3, PB4 -59, Big Pine Key Tract A, Big Pine Key, Monroe County, Florida, having real Estate Number 00286360.000000. Ordinance No. 034 -2010 by the Monroe County Board of County Commissioners approving the request by Clarence L. Newman and Thomas G. Newman, as Trustees under the Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the benefit of Clarance L. Newman; Clarence L. Newman and Thomas G. Newman, as Trustees under the Vivian C. Newman Restated Revocable Trust Agreement dated August 24, 1993, for � OF COUNTV. f�' CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the- court.com the benefit of Vivian C. Newman; and Thomas G. Newman and Deborah L. Newman, Trustees, or their successors in trust, under the Thomas G. Newman Living Trust, dated November 29, 2005, and any Amendments thereto, for the benefit of Thomas G. Newman to amend the Land Use District Map district map designation from Urban Residential Mobile Home - Limited (URM -L) to Urban Residential Mobile Home (URM) for property legally described as Block 34, Lots 1 -10 and 16 -20, MacDonald's Plat, (PB1 -55), Stock Island, Monroe County, Florida, having real estate number 00124560.000000. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 20, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: Growth Management County Attorney via e-mail File (Domestic Mail Only; No Insurance Coverage Provide( For delivery information visit our website at www.usps.com. Postmark \, M i a j Here J a t 1 � i ahassee, Florida 32399 -0250 Certified Fee JIM O Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) r- -11 Total Postage & Fees a Pro ra ' C3 Sent To Administrative 0 - S`freef AjiLig,.A. -- Ora - Buff r'%. orPOBox n_._ — ._ Postmark \, M i a j Here J a t 1 � i ahassee, Florida 32399 -0250 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 O KuS - 0 31 to *3 2. Article Number (rrensfer from servke fabeO Ps Form 3811, February 2004 A. Signature ❑ Agent B. Received by (Printed Name) I C. Date of Delivery NO 19t O D. Is delivery address different from item 1 ? 13 Yes If YES, enter delivery address below: ❑ No 3. SeyAce Type Of Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7010 1670 0001 0244 7549 Domestic Retum Receipt 102595.02-M -1540