Ordinance 040-2013 •
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7 ORDINANCE 040-2013
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9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE LAND USE DISTRICT (ZONING) MAP
11 OF THE MONROE COUNTY LAND DEVELOPMENT CODE, FROM
12 IMPROVED SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC) FOR
13 PROPERTY LOCATED AT 98175 OVERSEAS HIGHWAY, MILE MARKER
14 98, KEY LARGO, LOTS 1 & 12, BLOCK 4, ROCK HARBOR ESTATES,
15 PB3/P187 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
16 HAVING REAL ESTATE NUMBER 00519750-000000; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS;
18 PROVIDING FOR FILING WITH THE OFFICE OF SECRETARY OF STATE;
19 PROVIDING FOR INCLUSION IN THE MONROE COUNTY OFFICIAL
20 LAND USE DISTRICT MAP; PROVIDING FOR A CONTINGENCY;
21 PROVIDING FOR AN EFFECTIVE DATE.
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25 WHEREAS,the property owner, Renaissance Farms of the Keys LLC, filed an application on July
26 31, 2012,to amend the Land Use(Zoning)District Map designation from Improved Subdivision(IS)
27 to Suburban Commercial(SC); and
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29 WHEREAS, the subject property is located at 98175 Overseas Highway, Mile Marker 98, and is
30 legally described as Lots 1 & 12, Block 4, Rock Harbor Estates, PB3/P187 of the Public Records of
31 Monroe County, Florida,having real estate number 00519750-000000; and
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33 WHEREAS, during a regularly scheduled meeting held on October 30, 2012, the Monroe County
34 Development Review Committee reviewed this ordinance and recommended approval to the
35 Board of County Commissioners in Resolution#DRC 24-12; and
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37 WHEREAS, during a regularly scheduled public hearing held on November 28, 2012,the Monroe
38 County Planning Commission reviewed this ordinance and recommended approval to the Board of
39 County Commissioners in Resolution#P51-12; and
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41 WHEREAS, based upon the evidence presented and documentation submitted, the Board makes
42 the following Findings of Fact:
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44 1. In 1986, as part of a county-wide rezoning, the land use district designation of the subject
45 property was amended to Improved Subdivision(IS).
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2. With the 1997 adoption of the Future Land Use Map, the subject property was given a
designation of Residential Medium (RM).
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 permitted 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 one of the factors set forth in §102- 158(d)(5)(b) of
the Monroe County Code: 1) Data errors; The subject property was constructed as a
commercial use within the BU -2 zoning district that was in effect at the time of
construction. A nonconforming use was created with the adoption of the FLUM and when
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94 the subject property was rezoned by the County from BU to IS. Amending the LUD Map
95 designation from IS to SC for the subject property will eliminate the nonconforming use.
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99 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
100 County Year 2010 Comprehensive Plan:
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102 a. The existing use of the property is consistent with the purpose of the Mixed/Use
103 Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in Policy
104 101.4.5; and
105 b. The Suburban Commercial (SC) district designation corresponds to the Future Land Use
106 Map (FLUM) designation of Mixed/Use Commercial (MC), as set forth in Policy 101.4.21.
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110 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development
111 for the Florida Keys Area of Critical State Concern.
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113 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
114 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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116 Section 1. Findings
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118 The Board specifically adopts the findings of fact and conclusions of law stated above.
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120 Section 2. Property Designation
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122 The previously described property, which is currently designated as Improved Subdivision (IS)
123 shall be designated Suburban Commercial (SC) as shown on the attached map, which is hereby
124 incorporated by reference and attached as Exhibit 1.
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126 Section 3. Amendment of Land Use District Map
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128 The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2
129 above.
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131 Section 4. Severability.
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133 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
134 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
135 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
136 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
137 involved in the controversy in which such judgment or decree shall be rendered.
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Section 5. Conflicting 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.
Sec. 380.05 (6), F.S. Sec. 380.0552(9) and F.S. Sec. 380.07.
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 the contingency in Section 8 is satisfied and a final approval is issued
according to F.S. 380.05(6) or F.S. 380.07 by the Florida State Land Planning Agency or
Administration Commission approving the ordinance, and if the ordinance is challenged, until the
challenge to the ordinance is resolved.
Section 8. Contingency
This ordinance is contingent upon the adoption and transmittal of the ordinance amending the
Future Land Use Map designation of the subject property from Residential Medium (RM) to
Mixed Use /Commerical (MC) and the approval of the change by the State Land Planning Agency
pursuant to Chapters 163 and 380 of the Florida Statutes.
Section 9. Effective Date.
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This ordinance shall become effective as provided by law and stated above.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe Catnty, Fjaridi-at
a regular meeting held on the 17th day of September, 2013.
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Mayor George Neugent Not present mo tz)
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
By : Uj)A�W� By
Deputy Clerk Mayor George Neugent
CNROI: CO 1NTY ATTORNEY
APPR V0 AS TO R
Date: - - ,Zoe fz
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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 in Key Largo having Real Estate Number 00519750 - 000000
from Improved Subdivision (IS) to Suburban Commercial (SC)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
October 15, 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
electronic copy of Monroe County Ordinance No. 040 -2013, which was filed in this office on October 15,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us