Ordinance 008-20141
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 008 - 2014
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM
SUBURBAN COMMERCIAL (SC), SUBURBAN RESIDENTIAL
(SR), AND NATIVE AREA (NA), TO INDUSTRIAL (I), AND
CONSERVATION DISTRICT (CD), FOR PROPERTY LOCATED
AT 101075 OVERSEAS HIGHWAY, KEY LARGO,
APPROXIMATE MILE MARKER 101, DESCRIBED AS A
PARCEL OF LAND WITHIN SECTION 27/28, TOWNSHIP 61
SOUTH, RANGE 39 EAST, ON KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE #00087100.000500, AS
PROPOSED BY PARADISE PIT, LLC; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Paradise Pit, LLC, filed an application for an amendment to the Monroe
County Land Use District Map to amend the land use (zoning) district designation from
Suburban Commercial (SC), Suburban Residential (SR), and Native Area (NA), to Industrial (I)
and Conservation District (CD); and
WHEREAS, the subject property is located at 101075 Overseas Highway, approximate
Mile Marker 101, described as a parcel of land within Section 27/28, Township 61 South, Range
39 East, on Key Largo, Monroe County, Florida, having Real Estate #00087100.000500; and
WHEREAS, during a regularly scheduled meeting held on November 19, 2013, the
Monroe County Development Review Committee reviewed the ordinance and the Chair
recommended approval; and
Ord. No._- 2014
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WHEREAS, during a regularly scheduled public hearing held on April 30, 2014, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Board makes the following Findings of Fact:
1. Prior to the 1986 adoption of the County's current land development regulations and their
associated land use district maps, the subject property was primarily within a GU (General
Use) district, with small portions in RU5 -P (Mobile Home Park Residential), RU -1 (Single
Family Residential), and BU -2 (Medium Business) districts;
2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for all
areas of the unincorporated county. On sheet 125 of the Land Use District Map, the subject
property is primarily within Suburban Residential (SR) and Native Area (NA) Land Use
Districts, with a small portion within a Suburban Commercial (SC) Land Use District;
3. In 1993, a series of future land use maps associated with the comprehensive plan, entitled the
Future Land Use Map, were adopted for all areas of the unincorporated county. This map
series became effective in 1997. On map 2 of the Future Land Use Map, the subject property
is within Residential Low (RL), Residential Conservation (RC), and Mixed Use /Commercial
(MC) categories;
4. 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;
5. Monroe County Code (MCC) §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 Monroe County Comprehensive
Plan, but only to make necessary adjustments in light of changed conditions;
6. MCC §102- 158(d)(5)(b) provides that one or more of the following criteria 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;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
Ord. No._- 2014
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7. 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 documentation submitted and information provided in the
accompanying staff report, the Board makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe County Code:
a. The existing uses of the property are consistent with the purposes of the Industrial (I) and
Conservation District (CD) Land Use Districts, as set forth in MCC §130-33 and §130-
28;
b. The existing uses of the property are permitted as permitted uses in the Industrial (I) and
Conservation District (CD) Land Use Districts, as set forth in MCC § 130 -82 and § 130-
76;
c. As required by MCC §102 -158, the map amendment does 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;
d. As required by MCC §102- 158(d)(5)b.3., the map amendment is needed due to data
errors; and
e. As required by MCC §102- 158(d)(5)b.6., the map amendment is needed due to data
updates; and
2. The proposed map amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
a. The Industrial (I) and Conservation District (CD) Land Use Districts correspond with the
Future Land Use Map designations of Industrial (I) and Conservation (C), and are
consistent with the respective densities and intensities as set forth in Policy 101.4.22;
b. The Industrial (I) and Conservation District (CD) Land Use Districts are consistent with
the purposes of the Industrial (I) and Conservation (C) Future Land Use Map
designations, as set forth in Policies 101.4.7 and 101.4.15; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Findings The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. Property Designation The previously described property shall be designated as
Industrial (I) and Conservation District (CD) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 3. 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
Ord. No._- 2014
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judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be 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 4. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F. S. 380.05(11) and F. S. 380.0552(9).
Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land Planning Agency
and, if the final order is challenged, until the challenge to the order is resolved pursuant to
Chapter 120 of the Florida Statutes.
Section 7. Inclusion on the Monroe County Code's Official Land Use District Map The
provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 8. 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 May , 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ^
Mayo//r Sylvi Murphy
HEAVILIN, CLERK
42
MONROE COUNTY ATTORNEY
Clerk Af4ROVED AS T ORM:
7 w
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date y
Ord. No._- 2014
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y
Exhibit 1 to Ordinance# 008 -2014
L7
01
0 - ----- - - - - -,
O ,
CD
000871
00500'
CD
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 00087100 - 000500
from Native Area (NA), Suburban Commercial (SC) and Suburban Residential (SR) to Industrial (1) N
and Conservation District (CD) A