Ordinance 037-20132
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ORDINANCE 037 -20
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF
THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE /COMMERCIAL (MC)
FOR PROPERTY LOCATED AT 10498 OVERSEAS HIGHWAY, MILE
MARKER 104, KEY LARGO, LOTS 1 -5, BLOCK 4, REVISED AMENDED
PLAT OF RIVIERA VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS
00511220- 000000, 00511220- 000100, AND 00511220- 000101; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE
FILING WITH THE SECRETARY OF STATE AND FOR AN
EFFECTIVE DATE.
WHEREAS, an application was filed by John C. and Wendy A. Moore on July 3, 2012, to
amend the Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
Use /Commercial (MC) for property legally described as Lots 1 -5, Block 4, Revised Amended Plat
of Riviera Village, PB2 /P80 of the Public Records of Monroe County, Florida, having real estate
numbers 00511220- 000000, 00511220- 000100, and 00511220- 000101; and
WHEREAS, the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 30 day of October, 2012; and
WHEREAS, at a regularly scheduled meeting held on the 28` day of November, 2012, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to
the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. The proposed FLUM is not anticipated to adversely impact the community character of the
surrounding area;
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2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service (LOS);
3. The proposed amendment is consistent with the 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. 132 -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 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 -5, Block 4, Revised Amended Plat of
Riviera Village, P132/P80 of the Public Records of Monroe County, Florida,
having real estate numbers 00511220- 000000, 00511220- 000100, and
Pa
91 00511220- 000101 is changed from Residential Medium (RM) to Mixed
92 Use /Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated
93 herein.
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95 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
96 provision of this ordinance is held invalid, the remainder of this ordinance shall
97 not be affected by such validity.
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99 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
100 conflict with this ordinance are hereby repealed to the extent of said conflict.
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102 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
103 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
104 Statutes.
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106 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
107 Secretary of the State of Florida but shall not become effective until a notice is
108 issued by the State Land Planning Agency or Administration Commission
109 finding the amendment in compliance with Chapter 163 and challenge periods
110 have expired.
111
112 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
113 at a regular meeting held on the 17th day of September, 2013.
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115 Mayor George Neugent Not present
116 Mayor Pro Tern Heather Carruthers Yes
117 Commissioner David Rice Yes
118 Commissioner Sylvia Murphy Yes
119 Commissioner Danny Kolhage Yes
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121 BOARD OF COUNTY COMMISSIONERS O MONR E OWNTTY, FL DA
122 BY
Mayor George Neugent
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130
M
PRE OUA" TU ATTORPdEY
FOfiM
Date:
J L, 014 o
T`
10 :11 WV �Z DO H OZ
3
The Monroe County Future Land Use Map is amended
as indicated above.
N
Future Land Use Map Amendment of three parcels from
Residential Medium (RM) to MixedUse /Commercial (MC):
RE Numbers: 00511220 - 000000, 00511220 - 000100, and 00511220 - 000101
lk«tc
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FLORIDA DEPARTMENT Of 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. 037-2013, 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