Ordinance 036-2007
ORDINANCE NO. 036 - 2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST BY PINE AND PALMS
TRAILER PARK FOR A LAND USE DISTRICT MAP AMENDMENT
FROM URBAN RESIDENTIAL MOBILE HOME-LIMITED (URM-L) TO
URBAN RESIDENTIAL MOBILE HOME (URM) FOR PROPERTY
LEGALLY DESCRIBED AS LOTS 1-16, MALONEY SUBDIVISION,
PINE & PALMS TRAILER PARK, STOCK ISLAND, SECTION 35,
TOWNSHIP 67, RANGE 25, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00126100.000101, 000126100.000102,
00126100.000103, 00126100.000104, 00126100.000105, 00126100.000106,
00126100.000107, 00126100.000108, 00126100.000109, 00126100.000110,
00126100.000111, 00126100.000112, 00126100.000113, 00126100.000114,
00126100.000115 AND 00126100.000116.
\lVHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on July 18, 2007 conducted a review and consideration of the request filed by
Pine & Palms Trailer Park Assoc. for a Land Use District Map Amendment from Urban
Residential Mobile Home-Limited (URM-L) to Urban Residential Mobile Home (URM) for
property legally described as Lots 1-16, Maloney Subdivision, Pine & Palms Trailer Park, Stock
Island, Section 35, Township 67, Range 25, Monroe County, Florida, having Real Estate
Numbers: 00126100.000101, 000126100.000102, 00126100.000103, 00126100.000104,
00126100..000105, 00126100.000106, 00126100.000107, 00126100.000108, 00126100.000109,
00126100..000110, 00126100.000111, 00126100.000112, 00126100.000113, 00126100.000114,
00126100.000115 and 00126100.000116; and
WHEREAS, the Monroe County Planning Commission, during a regular meeting
held on April 11, 2007 in Marathon, conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held February 16, 2007 in Marathon, conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, after further review of the application and consideration of the facts, Staff
recommended approval to the Monroe County Board of County Commissioners as indicated
in the Staff Report dated March 19, 2007; and
WHEREAS, the Board of County Commissioners further reviewed the application
and made the following Findings of Fact:
1. Section 9.5-511 (d) (5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
BOCC Ordinance
Pine & Palms Land Use District Amendment
Change from URM-L to URM
Page 1 of 5
2:. In accordance with Section 9.5-511 (d) (5) (b), the proposal has met the following
conditions:
(i.)Changed projections: The 1996 Momoe County Flood Regulations, the
URM-L land-use district was created to mitigate the complex need of both
preserving the safety of the persons living in mobile homes while being
sensitive to the financial burden imposed on the home owner to elevate in
order to qualify for FEMA flood insurance. Since the initial change, there have
been changes in the cost of modular homes as well as home owner's
preferences for their housing choice.
(ii.)Changed Assumptions: At the time the URM-L land-use designation was
created the affordable housing initiatives were conceptual and not delineated
in the Land Development Regulations (LDRs). The URM-L designation was
created to mitigate the constraints involving a financial burden to the citizens
in some mobile home parks when replacing or improving their homes.
(iii.)Data Errors: The Errata Sheet incorrectly identified the parcel boundaries.
If this map amendment is adopted, this error will be corrected. The error
excluded a single condominium unit from the parcel although this unit was
identified by the legal description.
(iv.)New Issues: As modular homes have become more affordable, there is
little financial benefit restricting homeowners to mobile homes elevated to
only three (3) feet when remodeling or replacing mobile units. Approving
this change will not only permit but actually require that units come into
compliance with Flood Plain regulations when replacing or substantially
improving units.
3. The subject property was zoned Medium-Intensity Business District (BU-2) prior
to 1986. (Mobile Home Parks were considered a business prior to 1986).
4. The subject property was assigned land use district designation of Urban
Residential Mobile Home (URM) in 1986.
5. The subject property received a change in land-use designation in 1996 to Urban
Residential Mobile Home -Limited (URM - L), in order to allow residents to
qualify for FEMA flood insurance.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundaries
and designated future land use category of Residential High (RH) for the parcel.
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified by changing the
URM-L portion of the parcel to URM.
8. Objective 101.11 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.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storm water and wastewater indicate that there are no significant concerns.
BOCC Ordinance
Pine & Palms Land Use District Amendment
Change from URM-L to URM
Page 2 of 5
WHEREAS, the Board of County Commissioners made the foIlowing Conclusions of
Law:
1. The proposed map amendment meets criteria (i), (ii), (iii), and (iv) outlined in
Section 9.5-511 of the Monroe County Land Development Regulations.
2. The proposed map amendment wiIl not result in a negative impact or alter the
character of the properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property and will aIlow the owners to make fuIl use of the
subject property.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. The Board specificaIly adopts the findings of fact and conclusions of law
stated above.
Section 2. The portion of the described property which is currently designated as
Urban Residential Mobil Home-Limited (URM-L) shaIl be designated Urban Residential Mobil
Home (URM).
Section 3. The Land Use Designation Map of Monroe County shaIl be amended as
shown in on the attached map, hereby incorporated by reference and attached as Exhibit 1.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shaIl not be affected by such
invalidity.
Section 5. This ordinance shaIl be filed in the Office of the Secretary of State of the State
of Florida but shaIl not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission approving the ordinance.
Section 6. This ordinance shaIl be transmitted by the Planning Department to the
Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 7. This ordinance shaIl be filed in the Office of the Secretary of the state of
Florida but shaIl not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission Approving the ordinance.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
BOCC Ordinance
Pine & Palms Land Use District Amendment
Change from URM-L to URM
Page 3 of 5
PASSED AND ADOPTED by the Board of County Commissioners of Momoe County,
Florida at a regular meeting held on the 18th day of July 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
Yes
Yes
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Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Mario Di Gennaro
(!~~AL)
ATTEST: DANNY L. KOLHAGE, CLERK
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BOCC Ordinance
Pine & Pahus Land Use District Amendment
Change from URM-L to URM
Page 4 of 5
1 Exhibit 1 to Ordinance# 05b -20071
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The Monroe County Lend Use District Msp is amended
as Indicated above.
RE NlJYlb....' oo12610Q.000101, 0001261 OQ.O001 02, 00126100.oo0Hll,00126100-000104,
001261 0Q.000105, 0012610Q.000106, 00126100-000107, 00126100.000108,001261 0Q.000109,
oo12610Q.000110, 00126100-000111,00126100-000112, 00126100.000113, 00126100-000114,
oo12610Q.000115 and 00126100.000116 - Ch31ge Land Use Map Designalim from Urban
Residertial MOOlle Home Um~ed (URM-L) to Urban Resldenu", Moollie Home (URM)
,
A
BOCC Ordinance
Pine & Palms Land Use District Amendment
Change from URM-L to URM
Page 5 of 5
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 16,2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2488
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 035-2007 repealing Sections 9.5-171 through 9.5-174 of the Monroe
County Code concerning Beneficial Use Determinations; providing for new Regulations
concerning Beneficial Use Determinations; providing a forum for relief; providing an application
process; providing for a hearing and recommendation by a Special Master; providing for
forwarding such recommendation to the Board of County Commissioners for a hearing;
providing for standards, burden of proof and forms of relief; providing for codification,
severability and repeal of inconsistent provisions; providing for forwarding of this Ordinance to
the Department of Community Affairs and the Secretary of State; providing for an effective date.
Ordinance No. 036-2007 approving a request by Pine and Palms Trailer Park Association
for a Land Use District Map amendment from Urban Residential Mobile Home-Limited
(URM-L) to Urban Residential Mobile Home (URM) for property legally described as Lots 1-16,
Maloney Subdivision, Pine & Palms Trailer Park, Stock Island, Section 35, Township 67, Range
25, Monroe County, Florida, having real estate numbers: 00126100.000101, 00126100.000102,
00126100.000103, 00126100.000104, 00126100.000105, 00126100.000106, 00126100.000107,
00126100.000108, 00126100.000109, 00126100.000110, 00126100.000111, 00126100.000112,
00126100.000113,00126100.000114,00126100.000115, and 00126100.000116.
Ordinance No. 037-2007 approving the request by Lee Robert Rohe, on behalf of Ruben
Investment Properties, to amend the Land Use District Map for the following properties from
Ordinance No. 035-2007 to 038-2007
Improved Subdivision (IS) to Sub Urban Commercial (SC). The properties are physically
located on First Street, Big Coppitt Key and are legally described as Block 18, Lot I,
Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida and part
Governrnent Lot 3, Big Coppitt Key, Monroe County, Florida. The real estate numbers are
00153240.000000 and 00121660.000000, at approximate mile marker 10.
Ordinance No. 038-2007 providing for a moratorium on the acceptance of development
applications for the redevelopment of mobile home parks within unincorporated Monroe County;
providing for exemptions; providing for vested rights; providing for appeals; providing for
exhaustion of administrative remedies; providing for a commencement date of May 16, 2007 and
an expiration date of November 16, 2007, or when amendments to the mobile home park
redevelopment regulations become effective, whichever comes first; providing for transmittal to
the Department of Community Affairs; providing for severability; and providing for an effective
date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on July 18, 2007. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to thefollowing:
Growth Management
County Attorney
HOCC
File
FLORIDA DEPARTMENT Of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 22, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated August 16, 2007 and certified copies of Momoe County Ordinance Nos. 028-2007, 029-
2007,031-2007,032-2007,035-2007,036-2007,037-2007 and 038-2007 which were filed in this office
on August 20,2007.
Sincerely,
If!its ~~~
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX; 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
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STATE ARCHIVES OF FLORIDA
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LEGISLATIVE LIBRARY SERVICE
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RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R,A, Gray Building
500 South Bronough Street
Tallahassee. Florida 32399-0250
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(Tiansfer from service label)
PS Form 3811 , February 2004
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