Resolution 132-2013MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.132 Za13
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE /COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, KEY LARGO, LOTS
1 -5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS 00511220- 000000, 00511220- 000100, AND 00511220-
000101.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as
described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
proposed future land use map amendment.
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of April, 2013.
Mayor George Neugent
Yes
Mayor Pro Tern Heather Carruthers
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
Commissioner Danny Kolhage
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY A iisj; 2 � Z.
Mayor George Neugent
(SEAL)
AT EST Amy Heavilin, Clerk
Deputy Clerk
MONK E CO ATTORNEY"
APP VE AS f0 FOR''
Date:
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7 ORDINANCE - 2013
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF
13 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
14 RESIDENTIAL MEDIUM (RM) TO MIXED USE /COMMERCIAL (MC)
15 FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, KEY
16 LARGO, LOTS 1 -5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA
17 VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE
18 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00511220-
19 000000, 00511220 - 000100, AND 00511220- 000101; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
21 PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE STATE
22 LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
23 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE.
24
25
26 WHEREAS, an application was filed by John C. and Wendy A Moore on July 3, 2012, to
27 amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
28 Use/Commercial (MC) for property legally described as Lots 1 -5, Block 4, Revised Amended Plat
29 of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate
30 numbers 00511220- 000000, 00511220- 000100, and 00511220- 000101; and
31
32 WHEREAS, the Monroe County Development Review Committee considered the proposed
33 amendment at a regularly scheduled meeting held on the 30 day of October, 2012; and
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35 WHEREAS, at a regularly scheduled meeting held on the 28 day of November, 2012, the
36 Monroe County Planning Commission held a public hearing for the purpose of considering the
37 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to
38 the Monroe County Year 2010 Comprehensive Plan; and
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40 WHEREAS, the Monroe County Planning Commission made the following findings:
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42 1. The proposed FLUM is not anticipated to adversely impact the community character of the
43 surrounding area;
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45 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
46 adopted Level of Service (LOS);
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48 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
49 Monroe County Year 2010 Comprehensive Plan;
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51 4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
52
53 5. The amendment is consistent with the Principles for Guiding Development for the Florida
54 Keys Area, Section 380.0552(7), Florida Statute (F.S.); and
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56 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
57
58 WHEREAS, at a special meeting held on 18th day of April, 2013, the Monroe County Board
59 of County Commissioners held a public hearing to consider the transmittal of the proposed
60 amendment; and
61
62 WHEREAS, the proposed Comprehensive Plan amendment to amend Future Land Use Map
63 was reviewed by the State Land Planning Agency which issued an Objections, Recommendations,
64 and Comments (ORC) Report on with no comments or issues relative to this
65 amendment;
66
67 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
68 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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70 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
71 amended as follows:
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73 The property legally described as Lots 1 -5, Block 4, Revised Amended Plat of
74 Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
75 having real estate numbers 00511220- 000000, 00511220- 000100, and
76 00511220- 000101 is changed from Residential Medium (RM) to Mixed
77 Use /Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated
78 herein.
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80 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
81 provision of this ordinance is held invalid, the remainder of this ordinance shall
82 not be affected by such validity.
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84 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
85 conflict with this ordinance are hereby repealed to the extent of said conflict.
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87 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
88 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
89 Statutes.
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92 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
93 secretary of the State of Florida but shall not become effective until a notice is
94 issued by the State Land Planning Agency or Administration Commission
95 finding the amendment in compliance with Chapter 163.
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97 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
98 at a regular meeting held on the day of , 2013.
99
100 Mayor George Neugent
101 Mayor Pro Tem Heather Carruthers
102 Commissioner David Rice
103 Commissioner Sylvia Murphy
104 Commissioner Danny Kolhage
105
106 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
107 BY
108 Mayor George Neugent
109
110 (SEAL)
111 ATTEST: Amy Heavilin, Clerk
112
113 Deputy Clerk
114
115
` ON RO UN7y grTOgNEY
P O D AS TO FOA
Dale:
The Monroe County Future Land Use Map is amended
as indicated above.
N
Proposal: Future Land Use change of three parcels from
Residential Medium (RM) to MixedUse /Commercial (MC):
RE Numbers: 00511220- 000000, 00511220 - 000100, and 00511220- 000101