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Resolution 224A-2014MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 224A - 2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS GRANTING APPROVAL OF A FINAL PLAT FOR HABITAT AT MANDALAY, LOCATED ALONG FIRST AVENUE, KEY LARGO, AT APPROXIMATE MILE MARKER 97.5 OF THE OVERSEAS HIGHWAY, BEING A REPLAT OF A PORTION OF BLOCK 3, MANDALAY SUBDIVISION, PLAT BOOK 1, PAGE 194 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA LOCATED WITHIN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA WHEREAS, during a regularly scheduled public meeting held on June 25, 2014, the Monroe County Planning Commission conducted a review and consideration of a request by Habitat for Humanity of the Upper Keys, on behalf of Monroe County, for a final plat, being a replat of a portion of Block 3, Mandalay Subdivision, Plat Book 1, Page 194 of the Public records of Monroe County, Florida, located with Section 6, Township 62 South, Range 39 East, Monroe County, Florida; and WHEREAS, the subject property is located on the Atlantic Ocean side of the Overseas Highway (US 1), in Key Largo, approximate mile marker 97.5, and is legally described as a portion of Block 3, Mandalay, (Plat Book 1, Page 194), having real estate numbers 00554720.000000, 00554720.000100, and 00554720.000200; and WHEREAS, the applicant is requesting approval of a final plat of a portion of a previously approved and recorded plat, Mandalay Subdivision; and WHEREAS, the affected area, a portion of Block 3, of the previously approved and recorded plat is approximately 0.71 acres; and WHEREAS, the plat involves the subdivision of the affected area of Block 3, which currently does not have any delineated lots, into seven lots; and WHEREAS, the Monroe County Planning Commission and Monroe County Board of County Commissioners support the requested Final Plat; and Page 1 of 4 WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners of Monroe County makes the following Findings of Fact: 1. The subject property is located in an Urban Residential (UR) Land Use (Zoning) District; and 2. The subject property has a Future Land Use Map (FLUM) designation of Residential High (RH); and 3. The subject property has a tier designation of tier III; and 4. The site is being utilized as single family residential; and 5. § 110 -97 provides the standards which are applicable to all plat approvals. When considering applications for a plat, staff and the Planning Commission shall consider the extent to which: (a) No preliminary or final plat shall be approved unless the plat is consistent with the purposes, goals and objectives of the Comprehensive Plan, MCC chapter 110, applicable provisions of state law, the provisions governing the development of land set forth in MCC chapter 130, and the procedures set forth in MCC chapter 110, article IV; and (b) In those areas where the Florida Keys Aqueduct Authority (FKAA) certifies that it can furnish an adequate supply of water to the property to be platted, water distribution systems shall be provided and constructed and shall become the property of the Florida Keys Aqueduct Authority and shall be maintained and operated by the authority in accordance with its water main extension policy; and (c) Sewers, sewage treatment plants, and septic systems shall meet all requirements of the applicable county municipal service district, or any successor thereto, the Florida Department of Environmental Protection, and the Florida Department of Health; and (d) No plat shall be approved which creates an unbuildable lot under the provisions of MCC chapter 110 unless the plat bears a legend restricting the use of the unbuildable lot according to the provisions of this MCC chapter 110; and (e) No plat shall be approved unless it is prepared by a land surveyor licensed in the state; and (f) Lands within the IS, URM, and CFV districts shall not be platted, replatted or otherwise reconfigured in any manner that would allow the number of proposed lots or units to exceed the number of parcels that lawfully existed as of September 15, 1986; and (g) All open spaces required for a tract of land shall be preserved as dedicated open space for each individual habitat type through the use of a conservation easement or a similar legal instrument; and Page 2 of 4 6. § 110 -99 provides the standards which are applicable to all final plat approvals. When considering applications for a plat, staff and the Planning Commission shall consider the extent to which: (a) The planning commission shall review all applications for final plat approval involving five or more lots and the recommendation of the development review committee. If the commission finds that the final plat conforms to the approved preliminary plat and the substantive and procedural requirements of this chapter, and commission shall recommend to the board of county commissioners approval of the final plat, or approval with specified conditions, and shall submit a report and written findings in accordance with section 110 -7 7. Development shall not be inconsistent with the Monroe County Code; and 8. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and 9. Development on Key Largo shall not be inconsistent with the Master Plan for the Future Development of Key Largo, also known as the Key Largo Livable CommuniKeys Plan; and 10. Development 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 of Monroe County makes the following Conclusions of Law: 1. The application is consistent with the provisions and intent of the Monroe County Code; specifically: a. The plat is consistent with the standards for plats, as set forth in § 110 -97; and b. The plat is consistent with the standards for plats, as set forth in § 110 -99; and 2. The application is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; specifically: a. The development is consistent with the purpose of the Residential High (RH) future land use category, as set forth in Policy 101.4.4; and 3. The application is not inconsistent with the provisions and intent of the Master Plan for the Future Development of Key Largo; and 4. The application is not inconsistent with any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and Page 3 of 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the request for a final plat, subject to the following conditions: 1. Approval of a final plat shall not constitute approval or permission to proceed with development. 2. The final approved plat shall be recorded pursuant to MCC § 110 -106. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 17` of September, 2014. Mayor Sylvia Murphy Yes Mayor pro tem Danny L. Kohlage Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Ag ent Commissioner David Rice Yes NROE COUNTY BOARD OF COUNTY COMMISSIONERS HEAVILIN, CLERK By i Clerk N9yor ylvia Murphy MONROE COUNTY ATTORNEY �P ROVE D AS FORM: STEVEN T. WILLIAMS ASSISTANT C ATTORNEY Date 8 /ail y Page 4 of 4 � o ~ !gg ` W � o � YgO `d k EC Nil W o > w V o 'O e ri ��£y� "wts R iNa# Wei h a z 10g m A A g g —$� i h iS � z �'�i� ��� �h ic, a' e" Q Q Q O W Q Il e LL a r ipWp O Q O W ��n'� � O Q ii'M a � ga�� s�� � I " #z J h cr - 6 n (fi s3W" tl h3 "�,o gg h gg Z ` � W � � E = EY �� � J 'y'H 2 I $ ¢, a o � ° m big O V- 8 0 HI M M s W 4� ��JYppgg �y���hu kggg� s © n F W Q O O i Q Q 2 0) U : o J W � 8h P o ^qN zi Q -- �\ E VEN FIRST AU T Rear A U _ II ti _ `� 0 � - - -.. SNJ/'10`[ Q (P.R 1. RG 191. KCRJ - - 3 6023 - . 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