Ordinance 038-2013 r
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7 ORDINANCE 038-2013
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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 MIXED USE (MU) FOR PROPERTY
13 LOCATED AT 10498 OVERSEAS HIGHWAY, MILE MARKER 104, KEY
14 LARGO, LOTS 1-5, BLOCK 4, REVISED AMENDED PLAT OF RIVIERA
15 VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE COUNTY,
16 FLORIDA, HAVING REAL ESTATE NUMBERS 00511220-000000, 00511220-
17 000100, AND 00511220-000101; PROVIDING FOR SEVERABILITY;
18 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING
19 WITH THE OFFICE OF SECRETARY OF STATE; PROVIDING FOR
20 INCLUSION IN THE MONROE COUNTY OFFICIAL LAND USE DISTRICT
21 MAP; PROVIDING FOR A CONTINGENCY; PROVIDING FOR AN
22 EFFECTIVE DATE.
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25 WHEREAS,the property owner,John C. and Wendy A. Moore filed an application on July 3,2012,
26 to amend the Land Use District(Zoning) Map designation from Improved Subdivision(IS)to Mixed
27 Use(MU)in accordance with §102-158 of the Monroe County Code (MCC); and
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29 WHEREAS, the subject property is located at 10498 Overseas Highway, Mile Marker 104 in Key
30 Largo and is legally described as Lots 1-5, Block 4, Revised Amended Plat of Riviera Village,
31 PB2/P80 of the Public Records of Monroe County, Florida, having real estate numbers 00511220-
32 000000, 00511220-000100, and 00511220-000101; and
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34 WHEREAS, during a regularly scheduled meeting held on October 30, 2012, the Monroe County
35 Development Review Committee reviewed this ordinance and recommended approval to the
36 Board of County Commissioners in Resolution#DRC 22-12; and
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38 WHEREAS,during a regularly scheduled public hearing held on November 28, 2012,the Monroe
39 County Planning Commission reviewed this ordinance and recommended approval to the Board of
40 County Commissioners in Resolution#P49-12; and
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42 WHEREAS, based upon the evidence presented and documentation submitted, the Board makes
43 the following Findings of Fact:
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45 1. In 1986, as part of a county-wide rezoning, the land use district designation of the subject
46 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.
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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 Mixed Use (MU)
district, as set forth in § 13 0-3 8 of the Monroe County Code; and
b. The existing use of the property is permitted as a permitted use in the Mixed Use (MU)
district, as set forth in § 130 -88 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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95 the subject property was rezoned by the County from BU to IS. Amending the LUD Map
96 designation from IS to MU for the subject property will eliminate the nonconforming use.
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100 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
101 County Year 2010 Comprehensive Plan:
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103 a. The existing use of the property is consistent with the purpose of the Mixed Use/
104 Commercial (MC) Future Land Use Map (FLUM) designation, as set forth in Policy
105 101.4.5; and
106 b. The Mixed Use (MU) district designation corresponds to the Future Land Use Map
107 (FLUM) designation of Mixed Use /Commercial (MC), as set forth in Policy 101.4.21.
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111 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development
112 for the Florida Keys Area of Critical State Concern.
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114 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
115 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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117 Section 1. Findings
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119 The Board specifically adopts the findings of fact and conclusions of law stated above.
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121 Section 2. Property Designation
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123 The previously described property, which is currently designated as Improved Subdivision(IS) on
124 the land use district (zoning) map shall be designated Mixed Use (MU) as shown on the attached
125 map, which is hereby incorporated by reference and attached as Exhibit 1.
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127 Section 3. Amendment of Land Use District Map
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129 The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2
130 above.
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132 Section 4. Severability.
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134 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
135 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
136 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
137 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
138 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 ASenq
pursuant to Chapters 163 and 380 of the Florida Statutes.
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Section 9. Effective Date. f
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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 Comity, F169da a
a regular meeting held on the 17th day of September, 2013. o
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF
Attest: Amy Heavilin, Clerk
Deputy Clerk
Not present
Yes
Yes
Yes
COMMISSIONERS
Z. Y)4.44.5400 -
Mayor George Neugent
� MON E OUNTY ATTORNEY
P Rry ED AS TO F M
4 Date: i� - _
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of three parcels of land in Key Largo having Real Estate Numbers
00511220- 000100, 00511220 - 000000 and 00511220 - 000101 from Improved Subdivision (IS) to N
Mixed Use (MU). A
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 24,2013
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:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 038-2013,which was filed in this office on October 24,
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.fl.us