Ordinance 010-2014AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE LAND USE
DISTRICT MAP OF THE MONROE COUNTY LAND
DEVELOPMENT CODE FROM URBAN RESIDENTIAL MOBILE
HOME (URM) TO MIXED USE (MU), FOR PROPERTY
LEGALLY DESCRIBED AS BLOCK 31, LOT 17, MALONEY SUB
(PLAT BOOK 1, PAGE 55), STOCK ISLAND, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00124510.000000;
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
AMENDMENT TO THE LAND USE DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Trepanier & Associates, Inc., on behalf of the property owner, filed an application
for an amendment to the Monroe County Land Use District Map to amend the land use (zoning)
district designation from Urban Residential Mobile Home (URM) to Mixed Use (MU); and
WHEREAS, the subject property is located at 5635 MacDonald Avenue on Stock Island,
approximate mile marker 5, and is legally described as Block 31, Lot 17, Maloney Sub (Plat
Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate number
00124510.000000; and
WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
County Development Review Committee reviewed the ordinance and the Chair recommended
approval to the Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on March 26, 2014, the Monroe
County Planning Commission reviewed the ordinance and recommended approval to the Board
of County Commissioners; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Findings of Fact:
Page 1 of 4
1. In 1911, the subject property was platted as part of the Maloney Sub subdivision, as 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, the subject property was within a BU -2 district (Medium
Business);
3. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for all
areas of the unincorporated county. After a boundary determination process, a revised series
became effective in 1992. On sheet 576 of the Land Use District Map, the subject property is
within an Urban Residential Mobile Home (URM) Land Use District;
4. In 1993, a series of future land use maps associated with the comprehensive plan, entitled the
Future Land Use Map, were adopted for all areas of the unincorporated county. This map
series became effective in 1997. On map 8 of the Future Land Use Map, the subject property
is within a Mixed Use / Commercial (MC) category;
5. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the provisions and intent of the Monroe County Comprehensive Plan;
6. MCC Sec. 102 -158 states 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 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions;
7. MCC Sec. 102- 158(d)(5)(b) provides that one or more of the following criteria must be met
for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
8. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
with the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Conclusions of Law:
Page 2 of 4
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. As required by MCC Sec. 102 -158, the map amendment does 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;
b. As required by MCC Sec. 102- 158(d)(5)b.3., the map amendment to Mixed Use (MU) is
needed because of data errors; and
c. As required by MCC Sec. 102- 158(d)(5)b.4., the map amendment to Mixed Use (MU) is
needed because of a new issue;
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The Mixed Use (MU) Land Use District corresponds to the Future Land Use Map
designation of Mixed Use / Commercial (MC) as set forth in Policy 101.4.21 of the
Monroe County Year 2010 Comprehensive Plan;
b. The Mixed Use (MU) Land Use District is consistent with the purpose of the Mixed Use /
Commercial (MC) Future Land Use Map designation, as set forth in Policy 101.4.5 of
the Monroe County Year 2010 Comprehensive Plan;
c. The Mixed Use (MU) Land Use District is consistent with the densities and intensities of
the Mixed Use / Commercial (MC) Future Land Use Map designation, as set forth in
Policy 10 1.4.21 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;
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 shall be designated as Mixed Use (MU) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. Severability.
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.
Page 3 of 4
Section 4. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 5. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 6. Filing.
Florida Statutes.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until approved by the Florida State Land Planning Agency and, if the final
order is challenged, until the challenge to the order is resolved pursuant to Chapter 120 of the
Section 7. Inclusion on the Monroe County Code's Official Land Use District Map.
The provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 8. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 11th day of June , 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY ORIDA
BY:
Mayor Sylvia Murphy
MY HEAVILIN, CLERK
Deputy Clerk
O C LINTY ATTORNEY
V 0 AS TO RM
Page 4 of 4
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Exhibit 1 to Ordin oio -2014
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The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land on Stock Island having Real Estate Number 00124510 - 000000
from Urban Residential Mobile Home (URM) to Mixed Use (MU). N
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