Resolution 133-2016MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO 1 33 2016
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM
(RM) TO MIXED USE /COMMERCIAL (MC) FOR PROPERTY
LOCATED AT 105030 OVERSEAS HIGHWAY, KEY LARGO,
APPROXIMATE MILE MARKER 105, DESCRIBED AS LOT 11, BLOCK
3, REVISED AMENDED PLAT OF RIVIERA VILLAGE, PB2/P80 OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER 00510640 - 000000 AS PROPOSED BY
ANDREW P. ANDRUSHKO; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDNG FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
AND FOR AMENMENT TO THE FUTURE LAND USE MAP;
PROVIDNG FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested FLUM amendment.
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Resolution No.133 -2016
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for review of the proposed future land use map amendment.
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 3 . The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15 day of � _e , 201/(
Mayor Heather Carruthers Ves
Mayor Pro Tem George Neugent Yes
Commissioner Danny L. Kolhage yPs
Commissioner David Rice vPs
Commissioner Sylvia Murphy ves
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO RI
BY
Mayor I/eatheLkarruthers
HEAVILIN, CLERK
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MONROE COUNTY ATTORNEY
P RO " D O FORM:
ASSISTANT O U .' t7RNEY
Date s - - --- --
P. 2 of 2
Resolution No 133 _2016
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Resolution No 133 _2016
Exhibit A
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
MEDIUM (RM) TO MIXED USE /COMMERCIAL (MC) FOR
PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY
LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS
LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA
VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00510640- 000000, AS PROPOSED BY ANDREW P. ANDRUSHKO;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDNG FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN AND FOR AMENMENT TO THE FUTURE LAND USE
MAP; PROVIDNG FOR AN EFFECTIVE DATE.
WHEREAS, on January 11, 2016 Andrew P Andrushko submitted an application requesting to
amend the Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential
Medium (RM) to Mixed Use /Commercial (MC); and
WHEREAS, the subject property is located at 105030 Overseas Highway, Key Largo,
approximate mile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of Riviera
Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate number
00510640- 000000; and
WHEREAS, Andrew P. Andrushko operates an office use at the subject property with a current
FLUM designation of RL, which does not allow a commercial office use in the current configuration,
and the current use is therefore considered nonconforming to the provisions of the current
Comprehensive Plan; and
WHEREAS, Andrew P. Andrushko is requesting a change to the FLUM designation in order to
eliminate the nonconformity for the existing office use; and
Ord. No. -2016 Page 1 of 4
Exhibit A
WHEREAS, at a regularly scheduled meeting held on the 29 day of March, 2016, the Monroe
County Development Review Committee considered the proposed amendment and recommended
approval; memorialized by Resolution DRC 01 -16; and
WHEREAS, at a regularly scheduled meeting held the 27` day of April, 2016, the Monroe
County Planning Commission held a public hearing for the purpose of considering the proposed Future
Land Use map amendment; and
WHEREAS, the Monroe county Planning Commission made the following findings of fact and
conclusions of law:
1. The proposed FLUM is not anticipated to adversely impact the community character of the
surrounding area;
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, the Monroe County Planning Commission passed Resolution No. P13 -16,
recommending to the Monroe County Board of County Commissioners approval of the proposed
amendment; and
WHEREAS, at a regularly scheduled meeting held on the 15th day of June, 2016, the Monroe
County Board of County Commissioners held a public hearing, considered the staff report, and provided
for public comment and public participation in accordance with the requirements of state law and the
procedures adopted for public participation in the planning process, and approved Resolution No. _-
2016 to transmit to the State Land Planning Agency (the Department of Economic Development, or
"DEO ") an ordinance to amend the subject property's Future Land Use Map designation from
Residential Medium (RM) to mixed Use /Commercial (MC); and
WHEREAS, on , 2016, the County received the State Land Planning Agency's
Objections, Recommendations, and Comments (ORC) report, which included no objections or
comments on the proposed FLUM amendment;
WHEREAS, at the , 2016, public hearing, the BOCC adopted Resolution
-2016, transmitting the amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on
, 2016; and
Ord. No. -2016 Page 2 of 4
Exhibit A
WHEREAS, the ORC report stated
WHEREAS, the ORC report recommended
: and
and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The ordinance is consistent with the
Keys Area of Critical State Concern;
Principles for Guiding Development in the Florida
2. The ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
3. The ordinance is consistent with the provisions and intent of the Monroe County Code;
WHEREAS, at a regularly scheduled meeting on day of , 2016, the BOCC
held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment.
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 Future Land Use Map designation for the property described as Lot 11, Block 3, Revised
Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
having real estate number 00510640- 000000 is changed from Residential Medium (RM) to
Mixed Use /Commercial (MC), as shown on Exhibit 1, attached hereto and incorporated herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State
Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the
State of Florida but shall not become effective until a notice is issued by the State Land Planning
Agency or Administration Commission finding the amendment in compliance, and if challenged until
such challenge is resolved pursuant to Chapter 120, Florida Statutes.
Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be incorporated in
the Monroe County Year 2030 Comprehensive Plan and included on the Future Land Use Map.
Ord. No. -2016 Page 3 of 4
Exhibit A
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the day of 5 2016.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
(SEAL)
Mayor Heather Carruthers
Ord. No. -2016 Page 4 of 4
Exhibit 1 to Ordinance# -2016
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of one parcel of land in Key Largo having Real Estate Number 00510640 - 000000
from Residential Medium (RM) to Mixed Use /Commercial (MC). N
A