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Ordinance 023-2001023 ORDINANCE NO. _2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY LAURA AND ASSOCIATES, INC. TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO RECREATIONAL VEHICLE (RV) FOR PROPERTY DESCRIBED AS LOTS 4, 5, AND 6, MONROE PARK, CROSS KEY, LOCATED IN SECTION 4, TOWNSHIP 60 SOUTH, RANGE 39 EAST, AT APPROXIMATELY MILE MARKER 112.5 WHEREAS, the Board of County Commissioners, during a regular meeting held on May 16, 2001, conducted a review and consideration of the request by Laura and Associates, Inc. to amend the zoning map from Suburban Commercial (SC) to Recreational Vehicle (RV) for the properties described above and having the real estate numbers of 00572850.000000; and WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this zoning use map amendment from SC to RV as indicated in resolutions D12-01 and P27-01; and WHEREAS, the Planning Commission, reviewed and considered the application during a regular meeting held on April 25, 2001, and recommends approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes a need for additional detail or comprehensiveness in planning (Section 9.5-511(d)(5)b(v) of the Monroe County Code). The application was initiated by the applicant's agent in order to rezone the subject property to a land use district that permits a Recreational Vehicle park of 2.38 acres. 3. On March 28, 1969, a use variance was granted by the Monroe County Zoning Board to allow campsites in a BU-2 zone on Lot 6. 4. The pre-1986 zoning of Lots 4 and 6 was BU-2, Medium Business District while Lot 5 was zoned GU, General Use. 5. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Suburban Commercial (SC). Page 1 of 4 Initials i BOCC Laura and Associates, Inc. Land Use Map Amendment 6. Section 9.5-206 of the Land Development Regulations states that the purpose of the Suburban Commercial (SC) land use district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas without use of U.S. 1. 7. Section 9.5-235(b)(6)a. states that a campground must be at least five acres in order to be allowed as a conditional use in the Suburban Commercial (SC) land use district. The subject property is 2.38, which makes the property a non -conforming use. 8. On November 30, 1995, the Planning Department approved fifteen (15) replacement trailer stations and dock boxes on Lot #4 under permit #95-3-3099. 9. In an April 28, 1999 letter to the applicant, the Planning Department determined that there are 38 transient spaces on the subject property. 10. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 11. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable provisions of the Land Development regulations and the Future Land Use Map. 12. The Mixed Use/Commercial (MC) Future Land Use category corresponds with the Recreational Vehicle (RV) land use district. 13. Section 9.5-215 states that the purpose of the Recreational Vehicle (RV) land use district is to establish areas suitable for the development of destination resorts for recreational vehicles. This district contemplates developments that provide on -site recreational, commercial and resort facilities. 14. Section 9.5-244 indicates that the Recreational Vehicle (RV) land use district permits recreational vehicle parks, regardless of size in acres. Therefore, it is most feasible land use district for the subject property. 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. Page 2 of 4 Initials BOCC Laura and Associates, Inc. Land Use Map Amendment 18. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to already be disturbed with pest plants on site, therefore no negative impacts on the natural resources of the subject properties are anticipated. 19. The proposed map amendment supports Goal 102 as it proposes no additional density or intensity on the site beyond what has been determined to be existing by staff. In addition, the development potential associated with the Recreational Vehicle (RV) land use district is less than that of the Suburban Commercial (SC) land use district; and WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. This text amendment meets the requirements outlined in Section 9.5-511(d)(5)b(v) and Section 9.5-215 of the Monroe County Land Development Regulations and will not negatively impact or alter the community character of the subject property. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. The site has been identified as scarified by the County Biologist. There are no additional impacts on environmentally sensitive lands as a result of the proposed map amendment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently zoned Suburban Commercial (SC), shall be zoned Recreational Vehicle (RV) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 3 of 4 Initials BOCC Laura and Associates, Inc. Land Use Map Amendment Section 5. This ordinance shall be filed in the Office of the Secretary of State 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th - day of May , A.D., 2001. Mayor George Neugent yes Mayor Pro Tern Nora Williams yes Commissioner Charles "Sonny" McCoy yes Commissioner Murray Nelson yes Commissioner Dixie Spehar yes BO OF COUNTY COMMISSIONERS MONROE COUNTY, F DA e. Mayor Neugent JNNY KOLHAGE, CLERK PUTY CLERK Page 4 of 4 BOCC Laura and Associates, Inc. Land Use Map Amendment APP�OV�' AS TO FORX AND GAL SUFFI Y4Attorneys Office o -r! = oc-).- n .y �• ;a p r t' O , :a !- Cn p Initials 1 Fxhil,it 1 The Monroe County Land Use Map is proposed to be amended as indicated above and briefly described as: Change from Suburban Commercial (SC) to Recreation Vehicle (RV) for property located on Moms Ave. and described as Lots 4, 5, & 6 of Monroe Park Subdivision, Cross Key, in Sec. 4, TM 60 S., Rge 39 E., Key Largo, Florida, approximate Mile Marker 112.5, Date: 4/02/01 Amendment #: 01155 Sheet # :116 N BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 U C,OU1Vr'.. iN s o� �Of COUNTY. f� CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, June 7, 2001 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Via Certified Mail 7099 3400 0005 9118 6916 Enclosed please a find certified copies of the following: Ordinance No. 023-2001 approving the request by Laura and Associates, Inc. to amend the Land Use District (Zoning) Map from suburban commercial (SC) to recreational vehicle (RV) for property described as Lots 4, 5, and 6, Monroe Park, Cross Key, located in Section 4, Township 60 South, Range 39 :past, at approximately mile marker 112.5. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 16, 2001. Please file for record. Ordinance No. 024-2001 amending the Monroe County Year 2010 Comprehensive Plan, Policies 203.1.3, 204.2.6, and 212.2.3, regarding development within wetland and shoreline setbacks. Ordinance No. 025-2001 amending Monroe County Code Section 9.5-281 (minimum yard) regarding only the urban ,-esidential mobile home (URM) land use district; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Court of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. June 7, 2001 Ordinance 023-2001 Page 2 through Ordinance 025-2001 These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 17, 2001. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex ofFicio Clerk to the Board of County Commissioners by: Pamela G. Ha ock Deputy Jerk Cc: County Administrator w/o documents Growth Management County Attorney BOCC File i i 9T69 UT16 5000 0011E 660E _ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. r ■ 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: — Mrs. Liz Cloud Bureau of Administrative Code i The Elliott Building i 401 S Monroe Street Tallahassee FL 32399-0250 (Ordinances 23 to 25-2001) A. Received by (Please Print Clearly) B. Date of Delivery TON C. Signature. X DEPARTMENT OF WATE ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No JUN 12 2001 3. Service Type certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Articl 709 (t 4j is �Ei t it i i i Ill CISI dill iil { 6 PS Forr 595.00-M-0952 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS June 12, 2001 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Pahn Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 7, 2001 and certified copies of Monroe County Ordinance Nos. 023-2001 through 025-2001, which were filed in this office on June 11, 2001. Sincerely, e4truQxP Liz Cloud, Chief Bureau of Administrative Code © r— LC Tp ,; = , O �:.J ! L =w µ V� 7 O BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (850) 488-8427 FAX: (850) 488-7869 • WWW Address: http://www.dos.state.fl.us 9 E-Mail: election@ mail. dos. state.fl.us DCA Final Order No. DCAOI-OR-106 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: A LAND DEVELOPMENT REGULATION c' ADOPTED BY MONROE COUNTY ORDINANCE NO. 023-2001 cz FINAL ORDER z - The Department of Community Affairs (the "Department") hereby issues it.ling Or4r, r" as pursuant to §§ 380.05(6) & (11), and § 380.0552(9), Fla. Stat. (2000), regarding a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. On June 20, 2001, the Department received for review Monroe County Ordinance No. 023-2001 which was adopted by the Monroe County Board of County Commissioners ( "Ord. 023-2001"). Ord. 023-2001 changes the zoning category for a 2.38 acre parcel from "Suburban Commercial" to "Recreational Vehicle." The subject parcel contains an existing recreational vehicle park with 38 transient spaces. 2. Ord. 023-2001 is consistent with the County's Comprehensive Plan. Both the "Suburban Commercial" and the "Recreational Vehicle" zoning categories are consistent with the "Mixed Use/Commercial" future land use designation of the subject parcel. CONCLUSIONS OF LAW DCA Final Order No. DCA01-OR-106 3. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical State Concern. §§ 380.05(6) & (11), and § 380.0552(9), Fla. Stat. (2000). 4. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla. Adinin. Code. 5. "Land development regulations" include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2000). The regulations adopted by Ord. 023-2001 are land development regulations. 6. All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles"). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. § 380.0552(7), Fla. Stat. (2000). 7. Ord. 023-2001 promotes and furthers Principle (a), "To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation;" Principle (c), "To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat," and Principle (e), "To limit the adverse impacts of development on the quality of water throughout the Florida Keys." 2 DCA Final Order No. DCAOI-OR-106 8. Ord. 023-2001 is not inconsistent with the remaining Principles. §380.0552(7), Fla. Stat. (2000). Ord. 023-2001 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 023-2001 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, FloridA Q- ZQ4 VJ. HOMAS BECK, DIRECTOR ivision of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN DCA Final Order No. DCA0I-OR-106 INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS i20.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. 4 DCA Final Order No. DCA0I-OR-106 YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. DCA Final Order No. DCAOI-OR-106 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below by the method indicated this (&—day of 2001. Paula Ford, Agency Clerk By U.S. Mail: Honorable George Neugent Mayor of Monroe County 500 Whitehead Street Key West, Florida 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Timothy J. McGarry, AICP Director, Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office David Jordan', Deputy General Counsel, DCA Tallahassee 6