Ordinance 007-2014 -
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7 ORDINANCE 001-.7.0.14
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10 AN ORDINANCE BY THE MONROE CO,UNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE MONROE
12 COUNTY ,FUTURE LAND USE MAP FROM MIXED
13 USE/COMMERCIAL (MC), 'RESIDENTIAL LOW (RIA,
14 AND RESIDENTIAL CONSERVATION (RC), TO
15 INDUSTRIAL (I), AND CONSERVATION.(C); CREATING
16 POLICY 107.14*.PARADISE SUBAREA. 1; PROVIDING
17 LIMITATIONS ON DEVELOPMENT AND SPECIFIC
18 RESTRICTIONS, FOR PROPERTY LOCATED ,AT 101075
19 OVERSEAS. HIGHWAY, KEY LARGO, -APPROXIMATE
20 MILE MARKER 1-101, DESCRIBED, AS. A PARCEL. -OF
21 LAND WITHIN.SECTION 27/28, TOWNSHIP .61 SOUTH,
22 RANGE 39 EAST,.ON-KEY LARGO, MONROE COUNTY,
23 FLORIDA, HAVING REAL ESTATE tioposnoo.00000, As
24 PROPOSED BY.PARADISE -.PIT,.LLC; PROVIDING FOR
25 SEVERABILITY; PROVIDING FOR REPEALS OF
26 CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING
28 AGENCY AND - THE SECRETARY .: OF 'STATE;
• 29 PROVIDING FOR:AMENDMENT TO THE FUTURE.LAND
30 USE MAP; PROVIDING FOR INCLUSION IN THE
31 MONROE COUNTY YEAR 2010 -COMPREHENSIVE
32 PLAN; PROVIDING FOR AN EFFECTIVE DATE._
33
34
35 WHEREAS, the subject property is located at Mile Marker 101, Key. Largo, Florida and is
36 described as a parcel of land within Section 27/28; Township 61 South; Range 39 East, on.Key
37 Largo,Monroe County;Florida; having real estate number 00087100.000500; and
38
39 WHEREAS,Paradise Pit,LLC,operates a light:industriallbusiness at the subject property with
40 current PLUM designations of MC, RL, and RC which do not allow light industrial uses, and the
41 current usels therefore considered nonconforming to the provisions of the current ComPrehexisive
42 Plan;and
43
44 WHEREAS;-.Paradise Pit, LLC, is requesting a change to the FLUM designation in order to
45 eliMinate,the nonconformity for the existing light industrial uses; and
46.
Ord.No.CO-2014
Page 1 of 5
1 WHEREAS,_at a regularly scheduled meeting held on.the 26th day of February, 2013, the
2 Monroe County Development Review Committee considered the proposed amendment;and
3
4 WHEREAS, at a regularly scheduled meeting held on the 27th day of March, 2013, the-Monroe
• 5 County Planning:Commission held a public hearing for the purpose of considering:the proposed
6 Future Land Use Map amendment;and
7
8 WHEREAS,:the Monroe County Planning. Commission made the following,findings of fact •
9 and concluSiOns of law:
10
11 1. The proposed FLUM is not anticipated to adversely impact the community character of
- 12 the surrounding area; and
13 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
14 adopted Level of.Service;and
15. 3. The proposed.amendment is consistent with the Goals, Objectives and Policies.of the
16 Monroe County Year 2010 Comprehensive Plan; and
17 4. The proposed amendment is consistent with the Key Largo Community.Master Plan;
18 and
19 5. The proposed amendment is consistent with the Principles for Guiding Development
20 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
21 Statute;.and
22 6. The proposed amendment is consistent with Part II:of Chapter 163,'Florida Statute.
23
24 WHEREAS,. the Monroe County Plarming Commission passed Resolution No. P17,13
25 recommending transmittal of the proposed amendment; and
26
27 WHEREAS, at a regularly scheduled meeting held on 21s1 day of August, 2013, the Monroe
28 County Board of County Commissioners held a public hearing and approved the transmittal of
29 Resolution No. 232-2013 to :the State Land Planning Agency (the Department of Economic
30 Development,or"DEO")proposing an ordinance to amend the subject property's Future Land Use
31 Map designation from Mixed Use/Commercial (MC), Residential Low. (RL), and Residential
32 Conservation(RC),to Industrial(I),Residential Conservation(RC), and Conservation(C); and
33
34 WHEREAS, the proposed Future Land Use Map amendment was reviewed by the State Land
35 Planning Agency (DEO) which:issued its Objections, Recommendations and Comments (ORC)
36 report for the proposed .amendment on December 9, 2013. DEO's recommendation included
37 creating a site-specific policy to, prohibit the development of residential dwelling units and
38 transient units, and to confine nonresidential uses to the existing scarified areas of the property;
39 and
40
41 WHEREAS,as a response to DEO's ORC Report,a subarea policy was created.
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Ord.No.00-1-2014
Page 2 of 5
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2 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
3 amended as follows:
4
5 The property described as parcels of land within Section 27/28, Township 61
6 South, Range 39 East, on Key Largo, Monroe County Florida, having real estate
7 number 00087100.000500 is changed from Mixed Use/Commercial (MC),
8 Residential Low (RL), and Residential Conservation (RC) to Industrial (I) and
9 Conservation (C) as shown on Exhibit A, attached hereto and incorporated
10 herein.
11
12 Section 2. The text of the Monroe County Year 2010 Comprehensive Plan is amended as
13 follows:
14
15 Policy 107.1.4 Paradise Pit Sub-area 1 -Specific Limitations on the Industrial and Conservation
16 Area in Key Largo
17
18 The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential
19 uses currently existing, including a lawful light industrial use.The parcel's current real estate number is
20 00087100.000500.The parcel has a Tier Designation of Tier I and the parcel is 59.01 acres,including a
21 9.71 acre borrow pit(water).Pursuant to this sub-area policy,the parcel shall have Future Land Use Map
22 (FLUM)designations as follows:
23
, Exhting Cleared At ea
I1 7 acres) • *ArF IE
� i :&�: x• : iYy Exlstl, Cleared Area
.. 5.I Kral
40,
CONSERVATION
36.36 acres -,
IS
ism
e��,lcyif _ COn•eryebon
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inousetai
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Ord. No.°°`-2014
Page 3 of 5
1
2 In order to balance the protection of environmental resources,historical resources and support a sound and
3 diverse economic base,development shall be subject to the Industrial Fulwe Lard Use Map Designation
4 and the Conservation Future Land Use Map Designation as well as the additional site-specific regulations
5 and restrictions set out below.
6
Iadn -WPtUMAv4 Coraalnali a rilitArn
Residential development shall not be permitted. Residential d....ltgxnud shall not be pemtitted.
My proposed nonresidential development shall be
limited to the existing cleared area adjacent to the
borrow pit(5.2 acres of scarified area)and the existing
cleared area in the NW corner of the parcel(1.7 apes ArcheologicaVHistorical resource shall be fenced.
of scarified area).
-Existing cleared areas are identified on the map
above.
Halt thebstembis4PLIN4ArettaidilieennservationniUMAThe
Wetland and Upland vegetative communities shall be protected by:
-No industrial activities shall be expanded into the native vegetation.
-The creation and maintenance of a 2011 buffer vegetated with native vegetation around the p.i au of
the borrow pit.
-The maintenance of signage every 100 feet along the perimeter of the scarified areas to ensue no Rather
encroachment into the adjacent native vegetation.
The existing carport structure(labeled with the letter"C"on the map above)shall be allowed to continue only
for the use of packing vehicles associated with lawful uses on the site.No finther clearing around the capon
structure shall be permitted.
Reasonable ingress and egress to the industrial area shall be permitted,including the maintenance of the
'Mad"around the borrow pit provided there are no impacts to the required vegetated buffer orcause further
encroachment into the native habitat
Clearing for an access drive of reasonable configuration up to 18 feet in width is permitted to provide
reasonable access to the cleared(scarified)portion in the NW comer of the property and shall be exempt from
the maximum clearing limit The access drive shall be configured to follow the previously cleared drive as
closely as possible.
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9 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
10 provision of this ordinance is held invalid, the remainder of this ordinance shall
11 not be affected by such validity.
12
13 Section 4. Reveal of Inconsistent Provisions, All ordinances or parts of ordinances in
14 conflict with this ordinance are hereby repealed to the extent of said conflict.
15
Ord.No.472014
Page 4 of 5
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1 ' Section S. Transmittal. This ordinance shall be transmitted by-the.Director of Planning to '
2 the State Land Planning Agency pursuant to Chapter 163 and 380,, Florida'
3 Statutes.
4 ,
5 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of-th '
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e
6 secretary all:le:State of Florida but shall not become effective until:a notice is:
7 issued by the State Land Planning Agency or Administration Commission
8 finding the amendment compliance, and if challenged until suc14.-0411cnge,i .
9 resolved pursuant-to Chapter 120,Florida Statutes.
10 '
11 Section 7. Inclusion in the Comprehensive Plan. The numbering of the foregoing .:
12 amendment may be renumbered:to conform to the numbering in the Monroe
13 County.Year:20111 Comprehensive Plan and shall be incorporated in the Monroe
1.4 County Year 2010 CoMprehensive Plan.-
15 . . . .
16 PASSED AND ADOPTED by.the Board of County Commissioners of Monroe County,.Florida,
17 at a regular meeting held on the 1st day of mav ,2014.
18
19 Mayor Sylvia MUrphy
20 Mayor pro tent Danny Icolhage Yes-
21 Commissioner geather,Carruthers Yes
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22 Commissioner GeOrge.:Neugent
23 Commissioner David Rice Yes
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1 -26 BOARD OF.COUNTY COMMISSIONERS
27 OF MONROE:COUNTY,FLORIDA
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29 )1464t,„/9(.. ...„0/1„7.. ,
30 BY:
31 Ma or Syl4 a Murphy ".
32
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33 C(.. Dk
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35 -I- • ,v1 't)5'` (A
MONROE COUNTY
_ ,, iaROVEDA Q FORM:' '
38 .*.•-, 7 - eavilin,Clerk
39 ''',;.• ..;" ORNE
40 .
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41 Atilf.-. -4404p-a1:114( ' •STEVEN T. WILLIAM '
42 Deputy Clerk Date .- _ 0 i ,:.. --,9RNEY •
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Ord.No.poi -2014 -
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Exhibit A to Ordinance# 07 -2014 1
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The Monroe County Future Land Use Map Is amended
as indicated above.
Mn lam Um Map elf ee Mona papal of land In Fay lam Imam Ram Far Number 000ellw xotoo
from Mam lAMCamlp,Sl(MC),RndM W CamnaMIon(RC)and RwtlnMil Ls IRU to b d St ll) N
and Cmwmepn(C) A