Loading...
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 6; t Exhibit 1 to Ordin oio -2014 v OVERSEAS HWY XM CORAL WAY MACDONALD AVE - 000000 AVE X91/ O,� -LLi u~i 9LF 1ST AVE z N 2ND AVE 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 LAUREL AVE