Ordinance 039-2013 (/ I
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7 ORDINANCE 039-2013
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF
13 THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
14 RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC)
15 FOR PROPERTY LOCATED AT 98175 OVERSEAS HIGHWAY, MILE
16 MARKER 98, KEY LARGO, LOTS 1 & 12, BLOCK 4, ROCK HARBOR
17 ESTATES, PB3/P187 OF THE PUBLIC RECORDS OF MONROE
18 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00519750-
19 000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
20 REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR THE
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
22 PROVIDING FOR THE FILING WITH THE SECRETARY OF STATE
23 AND FOR AN EFFECTIVE DATE.
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26 WHEREAS,an application was filed by Renaissance Farms of the Keys LLC on July 31, 2012,
27 to amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
28 Use/Commercial(MC)for property legally described as Lots 1 & 12, Block 4, Rock Harbor Estates,
29 PB3/P187 of the Public Records of Monroe County, Florida, having real estate number 00519750-
30 000000; and
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32 WHEREAS, the Monroe County Development Review Committee considered the proposed
33 amendment at a regularly scheduled meeting held on the 30th day of October, 2012; and
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35 WHEREAS, at a regularly scheduled meeting held on the 28th day of November, 2012, the
36 Monroe County Planning Commission held a public hearing for the purpose of considering the
37 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to
38 the Monroe County Year 2010 Comprehensive Plan; and
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40 WHEREAS,the Monroe County Planning Commission made the following findings:
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42 1. The proposed FLUM is not anticipated to adversely impact the community character of the
43 surrounding area;
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45 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
46 adopted Level of Service (LOS);
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3. The proposed amendment is consistent with the following Goals, Objectives and Policies
of the Monroe County Year 2010 Comprehensive Plan;
4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
5. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statute (F.S.); and
6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.).
WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe County
Board of County Commissioners held a public hearing and approved Resolution No. 133 -2013 to
transmit the proposed amendment to the State Land Planning Agency; and
WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land Use
Map was reviewed by the State Land Planning Agency which issued an Objections,
Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that "the
amendment is inconsistent with Policy 101.4.20 of the Monroe County Comprehensive Plan which
states, in part "In order to implement the Florida Keys Carrying Capacity Study, Monroe County
shall promote the reduction of overall county density and intensity. "; and
WHEREAS, this private amendment application was submitted to Monroe County on July 3,
2012. Policy 101.4.20 was adopted by the BOCC on September 21, 2012 (Ordinance 028 -2012) and
found in compliance by DEO on November 20, 2012 (the effective date of the amendment, therefore
the discouragement policy does not apply to this amendment; and
WHEREAS, the State Land Planning Agency stated that if, in the adoption phase, data is
included that indicates the application was received prior to the adoption of Policy 101.4.20, then
FDEO will not render a non - compliance finding.
WHEREAS, the County has provided the data with the staff report that indicates the
application was received prior to the effective date of Policy 101.4.20.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
amended as follows:
The property legally described as Lots 1 & 12, Block 4, Rock Harbor Estates,
PB3/P187 of the Public Records of Monroe County, Florida, having real estate
number 00519750- 000000 is changed from Residential Medium (RM) to Mixed
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91 Use /Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated
92 herein.
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94 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
95 provision of this ordinance is held invalid, the remainder of this ordinance shall
96 not be affected by such validity.
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98 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
99 conflict with this ordinance are hereby repealed to the extent of said conflict.
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101 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
102 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
103 Statutes.
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105 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
106 Secretary of the State of Florida but shall not become effective until a notice is
107 issued by the State Land Planning Agency or Administration Commission
108 finding the amendment in compliance with Chapter 163, Florida Statutes and
109 challenge periods have expired.
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111 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
112 at a regular meeting held on the 17th day of September, 2013.
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114 Mayor George Neugent Not present
115 Mayor Pro Tern Heather Carruthers Yes
116 Commissioner David Rice Yes
117 Commissioner Sylvia Murphy Yes
118 Commissioner Danny Kolhage Yes
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129 MONROE CK .O
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APPROV 1 01 M ,
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Date:
BOARD OF COUNTY COMMISSIONERS OF ONROE CQ FLORIDA
BY 40k,7
Mayor George Neugent 5i
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Exhibit 1 to Ordinance# 039 -2013
The Monroe County Future Land Use Map is amended
as indicated above.
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Future Land Use Map Amendment of one parcel from Residential
Medium (RM) to Mixed Use /Commercial (MC):
RE Number: 00519750 - 000000
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FLORIDA DEPARTMENT 0 STATE
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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. 039 -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