Ordinance 032-20131
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 032 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY R
& M LAND HOLDINGS, INC. TO AMEND THE LAND USE
DISTRICT MAP DESIGNATION FROM RECREATIONAL
VEHICLE (RV) TO SUBURBAN COMMERCIAL (SC), FOR
PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION
14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO,
MONROE COUNTY, FLORIDA HAVING REAL ESTATE
NUMBER 00088840.000000.
WHEREAS, the property owner R & M Land Holdings Incorporated, filed an application to
amend the Land Use District (Zoning) Map designation from Recreational Vehicle (RV) to
Suburban Commercial (SC) in accordance with §102 -158 of the Monroe County Code (MCC);
and
WHEREAS, the subject property is located at 94775 Overseas Highway in Key Largo,
approximate Mile Mark 95, and is legally described as a parcel of land in Section 14, Township
62 South, Range 38 East, Key Largo, Monroe County, Florida having real estate number
00088840.000000; and
WHEREAS, during a regularly scheduled meeting held on May 28, 2013, the Monroe County
Development Review Committee reviewed this ordinance and recommended approval to the
Board of County Commissioners in Resolution #DRC 05 -13; and
WHEREAS, during a regularly scheduled public hearing held on May 29, 2013, the Monroe
County Planning Commission reviewed this ordinance and recommended approval to the Board
of County Commissioners in Resolution #P20 -13; and
WHEREAS, based upon the evidence presented and documentation submitted, the Board makes
the following Findings of Fact:
1. In 1986, as part of a county -wide rezoning, the land use district designation of the subject
property was amended to Recreational Vehicle (RV).
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2. With the 1997 adoption of the Future Land Use Map, the subject property was given a
designation of Mixed/Use Commercial (MC).
3. 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 the Monroe County Year 2010 Comprehensive Plan, but
only to make necessary adjustments in light of changed conditions.
4. MCC Sec. 102- 158(d)(5)(b) provides the following factors for consideration, one or more or
which 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; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and /or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan.
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. 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 information and documentation submitted, the Board of County
Commissioners makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. The existing use of the property is consistent with the purpose of the Suburban
Commercial (SC) district, as set forth in § 130 -43 of the Monroe County Code; and
b. The existing use of the property is permitted as a minor conditional use in the Suburban
Commercial (SC) district, as set forth in § 130 -93 of the Monroe County Code; and
c. As required by §102 -158 of the Monroe County Code, the proposed map amendment
shall 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; and
d. The proposed map amendment meets three (3) of the factors set forth in §102-
158(d)(5)(b) of the Monroe County Code: 1) Changed assumptions; a moratorium on new
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transient residential units including spaces for parking a recreational vehicle is in effect
until 2014, 2) Data errors; the property may have been inadvertently associated with, the
neighboring Key Largo Ocean Resorts property, and 3) New issues; the Tavernier
CommuniKeys plan gives staff new direction on how to approach and review map
amendment applications that eliminate nonconformities.
and
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The existing use of the property is consistent with the purpose of the Mixed/Use
Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in Policy
101.4.5; and
b. The Suburban Commercial (SC) district designation corresponds to the Future Land Use
Map (FLUM) designation of Mixed/Use Commercial (MC), as set forth in Policy
101.4.21.
and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development for 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, which is currently designated as Recreational Vehicle (RV)
shall be designated Suburban Commercial (SC) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 3.
The Official Land Use District Map of Monroe County shall be amended as delineated in Section
2 above.
Section 4. 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
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confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 5. ConflictinE Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall
apply.
Section 6. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by
F.S. 380.05 (6) and F.S. 380.0552(9).
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
Land Planning Agency or Administration Commission approving the ordinance, and if the final
order is challenged, until the challenge to the order is resolved pursuant to Chapter 120 of the
Florida Statutes.
Section 8. Inclusion on the Monroe County Official Land Use District Mau.
The provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 9. 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 21st day of August , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
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COUNTY BOARD OF COUNTY COMMISSIONERS
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Deputy Clerk Mayor George Neugent
'LINTY ATTORNEY
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Date:
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Exhibit 1 to Ordinance# 032 -2013
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The Monroe County Land Use Distrct Map is amended
as indicated above.
Proposal: Land Use District change of one parcel of land in Key Largo having Real Estate Number 00088840 - 000000
from Recreational Vehicle (RV) to Suburban Commercial (SC) N
A
AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
October 1, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7011 -3500- 0002 - 0450 -5470
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 032 -2013 amending the Land Use
District (Zoning) Map from Recreation Vehicle (RV) to Suburban Commercial (SC), for
property described as a parcel of land in Section 14, Township 62 South, Range 38 East, Key
Largo, Monroe County, Florida having real estate number 00088840 - 000000.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on August 21, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D. C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -29S -3130 Fax: 30S -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
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• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• 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:
Iwo
A. Signature
❑ Agent
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B. Received by ( Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
if y d eliyetLadST M ❑ No
OCT 0 4 7013
1. Serwce Type
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PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
October 4, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated October 1, 2013 and certified copy of Monroe County Ordinance No. 032 -2013, which was filed in
this office on October 4, 2013.
Since ely,
U,04S
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us