Ordinance 008-20151
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 008 - 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN
RESIDENTIAL- MOBILE HOME (URM) TO URBAN
RESIDENTIAL (UR), FOR PROPERTY LOCATED AT 97801
OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
MARKER 98, DESCRIBED AS PARCELS OF LAND LOCATED IN
SECTIONS 5 AND 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS 00090810.000000 00090820.000000,
00090840 .000000, 00090840.000100, AND 00090860.000000, AS
PROPOSED BY PL OCEAN RESIDENCE HOLDINGS, 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, PL Ocean Residence Holdings LLC filed an application for an amendment to the
Monroe County Land Use District Map to amend the Land Use District (Zoning) designation from
Urban Residential - Mobile Home (URM) to Urban Residential (UR); and
WHEREAS, the subject property is located at 97801 Overseas Highway, Key Largo,
approximate mile marker 98, and is described as parcels of land located in Sections 5 and 6,
Township 62 South, Range 39 East, Key Largo, Monroe County, Florida, having real estate
numbers 00090810.000000, 00090820.000000, 00090840.000000, 00090840.000100, and
00090860.000000; and
WHEREAS, the subject property is currently vacant land, with several partially constructed
buildings on the site for which prior development approvals have expired; and
WHEREAS, PL Ocean Residence Holdings LLC is requesting a change to the zoning
designation in order to develop attached dwelling units on the subject property, which are not
permitted uses under the site's current zoning designation; and
File #2014 -165 Ord. No.
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WHEREAS, at a regularly scheduled meeting held on the 27 day of January, 2015, the
Monroe County Development Review Committee considered the proposed amendment and
recommended approval, memorialized by Resolution DRCO1 -15; and
WHEREAS, at a regularly scheduled meeting held on the 25` day of February, 2015, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
proposed Land Use District (Zoning) Map amendment; and
WHEREAS, the Monroe County Planning Commission passed Resolution No. PO4 -14
recommending approval of the proposed amendment; and
WHEREAS, at a regularly scheduled meeting held on the 18` day of March, 2015, the
Monroe County Board of County Commissioners (BOCC) held a public hearing to consider the
applicant's request to amend the subject property's Land Use District (Zoning) Map designation
from Urban Residential - Mobile Home (URM) to Urban Residential (UR); 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 within a RU -5P (Mobile Home
Park Residential) zoning district;
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 139 of the Land Use District Map, the
subject property is within an Urban Residential - Mobile Home (URM) 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 a Residential High (RH) future land use category;
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 an adverse change in community character, analyzed in the Monroe County
Comprehensive Plan, but only to make necessary adjustments in light of changed
conditions or incorrect assumptions or determinations as determined by the findings of
the BOCC;
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); G
File #2014 -165 Ord. No. 2015
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I c. Data errors, including errors in mapping, vegetative types and natural features
2 described in volume I of the plan [the Comprehensive Plan];
3 d. New issues;
4 e. Recognition of a need for additional detail or comprehensiveness; or
5 f. Data updates; and
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7 7. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
8 with the Principles for Guiding Development in the Florida Keys Area of Critical State
9 Concern; and
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11 WHEREAS, based upon the documentation submitted and information provided in the
12 accompanying staff report, the BOCC makes the following Conclusions of Law:
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14 1. The proposed map amendment is consistent with the provisions of the Monroe County
15 Code:
16 a. As required by MCC §102 -158, the map amendment does not relieve particular
17 hardships, nor confer special privileges or rights on any person, nor permit an adverse
18 change in community character, as analyzed in the Monroe County Year 2010
19 Comprehensive Plan;
20 b. As required by MCC §102- 158(d)(5)b.3., the map amendment is needed due to new
21 issues; and
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23 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
24 County Year 2010 Comprehensive Plan:
25 a. The Urban Residential (UR) Land Use District corresponds with the Future Land Use
26 Map designation of Residential High (RH), and is consistent with the respective
27 density and intensity as set forth in Policy 101.4.22;
28 b. The Urban Residential (UR) Land Use District is consistent with the purpose of the
29 Residential High (RH) Future Land Use Map designation, as set forth in Policy
30 101.4.4; and
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32 3. The proposed map amendment is not inconsistent with the Principles for Guiding
33 Development in the Florida Keys Area of Critical State Concern;
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36 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
37 COUNTY COMMISSIONERS:
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39 Section 1. Findings The Board specifically adopts the findings of fact and conclusions of law
40 stated above.
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42 Section 2. Property Designation The previously described property shall be designated as
43 Urban Residential (UR), as shown on the attached map, which is hereby incorporated by
44 reference and attached as Exhibit A.
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46 Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
47 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
48 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
File #2014 -165 Ord. NoO - 2015
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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. 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 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 appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
Section 7. Inclusion on the Monroe Countv 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 18th day of March , 2015.
Mayor Danny L. Kolhage
Yes
Mayor Pro Tern Heather Carruthers
Yes
Commissioner David Rice
Yes
Commissioner George Neugent
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA
BY
Mayor):rannyJ. Kolhage
HEAVILIN, CLERK
..ago 01M
MONROE COUNTY ATTORNEY
Deputy Clerk PPROVED /y$,TO FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY gTTORNEY
Date
File #2014 -165 Ord. Noo_0- 2015
Page 4 of 4
The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of five parcels of land in Key Largo having Real Estate Numbers: 00090820 - 000000,
00090810 - 000000, 00090840 - 000000, 000 90 840 - 0001 00 and 00090860 - 000000 from Urban Residential Mobile Home N
(URM) to Urban Residential (UR). A
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONNE coumr, Ronson
April 24, 2015
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316 -2235
Via e -mail
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 008 -2015 amending Chapter 2, Article
III, Division 3. Travel, Per Diem, Meals and Mileage Policy of the Monroe County Code by amending
section 2- 110(3) to return the subsistence (Meals) Allowance Rate to the Rates set forth in Ordinance
No. 004 -2004 which are breakfast $6.50, Lunch $13.50 and Dinner $27.00; Amending Section 2- 111(c),
Increasing the mileage allowance rate for use of privately owned vehicles for official travel to fifty -three
cents ($0.53) per mile; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on March 18, 2015. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Lindsey Ballard, D. C �
cc: Growth Management via e-mail
County Attorney via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax. 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 - 852 -7146
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FLORIDA DEPARTMENT , STATE
RICK SCOTT
Governor
April 24, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 008 -2015, which was filed in this office on April 24,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
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