Ordinance 012-20151
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. 012 - 2015
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13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS AMENDING THE MONROE
15 COUNTY LAND USE DISTRICT (ZONING) MAP TO EXPAND
16 THE BOUNDARIES OF THE ROCKLAND KEY COMMERCIAL
17 RETAIL CENTER OVERLAY DISTRICT, AS DESCRIBED IN
18 SECTION 130 -131 OF THE MONROE COUNTY CODE, FOR ONE
19 ADDITIONAL PROPERTY DESCRIBED AS A PARCEL OF LAND
20 IN A PART OF GOVERNMENT LOTS 6 AND 7, SECTION 21,
21 TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND KEY,
22 MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
23 NUMBER 00122080.000302; AS PROPOSED BY ROCKLAND
24 INVESTMENT CORPORATION INC.; PROVIDING FOR
25 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
26 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
27 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
28 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
29 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE
30 DATE
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33 WHEREAS, Rockland Investment Corporation, Inc. filed an application for an amendment to
34 the Monroe County Land Use District Map to expand the boundaries of the Rockland Key
35 Commercial Retail Center Overlay District; and
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37 WHEREAS, the subject property is located at 121 Overseas Highway, Rockland Key,
38 approximate mile marker 9, and is described as a parcel of land in a part of Government lots 6
39 and 7, Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida,
40 having real estate numbers 00122080.000302; and
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42 WHEREAS, at a regularly scheduled meeting held on the 24th day of February, 2015, the
43 Monroe County Development Review Committee considered the proposed amendment and
44 recommended approval; and
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46 WHEREAS, at a regularly scheduled meeting held on the 25 day of March, 2015, the
47 Monroe County Planning Commission held a public hearing for the purpose of considering the
48 proposed Land Use District (Zoning) Map amendment; and
File #2014 -181 Ord. No. 2015
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2 WHEREAS, at a regularly scheduled meeting held on the 15 day of April, 2015, the
3 Monroe County Board of County Commissioners (BOCC) held a public hearing to consider the
4 applicant's request to expand the boundaries of the Rockland Key Commercial Retail Center
5 Overlay District, as described in Section 130 -131 of the Monroe County Code; and
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7 WHEREAS, based upon the documentation submitted and information provided in the
8 accompanying staff report, the Board makes the following Findings of Fact:
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10 1. In 1986, as part of a county -wide rezoning, the land use district designation of the
11 majority of the subject property was amended to Industrial (I). A small portion of the
12 subject property along the western boundary was amended to Native Area (NA);
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14 2. In 1997, a majority of the subject property was given a Future Land Use Map (FLUM)
15 designation of Industrial (I) with the final adoption of the future land use maps. A small
16 portion of the subject property along the western boundary was designation Residential
17 Conservation (RC);
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19 3. In 2013, the BOCC adopted Ordinance No. 017 -2013 establishing Monroe County Code
20 Section 130 -131, Rockland Key Commercial Retail Center Overlay District, to create an
21 overlay district on Rockland Key that allows commercial retail development;
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23 4. In 2013, the BOCC adopted Ordinance No. 018 -2013 approving an amendment to the
24 Land Use District Map to establish the boundaries of the Rockland Key Commercial
25 Retail Center Overlay District;
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27 5. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
28 with the provisions and intent of the Monroe County Comprehensive Plan;
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30 6. Monroe County Code (MCC) §102 -158 states that map amendments are not intended to
31 relieve particular hardships, nor to confer special privileges or rights on any person, nor
32 to permit an adverse change in community character, analyzed in the Monroe County
33 Comprehensive Plan, but only to make necessary adjustments in light of changed
34 conditions or incorrect assumptions or determinations as determined by the findings of
35 the BOCC;
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37 7. MCC §102- 158(d)(5)(b) provides that one or more of the following criteria must be met
38 for a map amendment:
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40 a. Changed projections (e.g., regarding public service needs) from those on which the
41 text or boundary was based;
42 b. Changed assumptions (e.g., regarding demographic trends);
43 c. Data errors, including errors in mapping, vegetative types and natural features
44 described in volume I of the plan [the Comprehensive Plan];
45 d. New issues;
46 e. Recognition of a need for additional detail or comprehensiveness; or
47 f. Data updates; and
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File #2014 -181 Ord. No. 01; - 2015
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1 8. Map amendments to the Monroe County Land Use District Map shall not be inconsistent
2 with the Principles for Guiding Development in the Florida Keys Area of Critical State
3 Concern; and
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5 WHEREAS, based upon the documentation submitted and information provided in the
6 accompanying staff report, the BOCC makes the following Conclusions of Law:
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8 1. The proposed map amendment is consistent with the provisions of the Monroe County
9 Code:
10 a. The existing, underlying Industrial (1) Land Use District shall not be affected by
11 this application;
12 b. The Rockland Key Commercial Retail Center Overlay District is consistent with
13 the purposes of the Industrial (1) Land Use District, as set forth in MCC Sec.
14 130 -33;
15 c. The Rockland Key Commercial Retail Center Overlay District is consistent with
16 the densities and intensities of the Industrial (1) Land Use Districts, as set forth in
17 § 130 -57, § 130 -62 and § 130 -64 of the Monroe County Code;
18 d. As required by §102 -158 of the Monroe County Code, the proposed map
19 amendment does not relieve particular hardships, nor confer special privileges or
20 rights on any person, nor permit a change in community character, as analyzed in
21 the Monroe County Year 2010 Comprehensive Plan;
22 e. The proposed map amendment sets forth additional detail and a more
23 comprehensive policy framework for the uses and regulations of the mapped
24 sub -area and meets the criteria in MCC Sec. 102- 158(d)(5)b.5;
25 f. The proposed map amendment recognizes there may have been a data error,
26 including errors in mapping, vegetative types and natural features described in
27 volume 1 of the plan;
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29 2. The proposed map amendment is consistent with the provisions and intent of the Monroe
30 County Year 2010 Comprehensive Plan:
31 a. The existing, underlying Industrial (I) Land Use District correspond, respectively,
32 to the Future Land Use Map (FLUM) designations of Industrial (I) as set forth in
33 Policy 10 1.4.21 of the Monroe County Year 2010 Comprehensive Plan;
34 b. The Rockland Key Commercial Retail Center Overlay District is consistent with
35 the purposes of the Industrial (I) Future Land Use Map (FLUM) designations, as
36 set forth in Policy 101.4.7 of the Monroe County Year 2010 Comprehensive
37 Plan;
38 c. The Rockland Key Commercial Retail Center Overlay District is consistent with
39 the densities and intensities of the Industrial (1) Future Land Use Map (FLUM)
40 designation, as set forth in Policy 101.4.21 of the Monroe County Year 2010
41 Comprehensive Plan; and
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43 3. The proposed map amendment is not inconsistent with the Principles for Guiding
44 Development in the Florida Keys Area of Critical State Concern;
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File #2014 -181 Ord. No 2015
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I NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
2 COUNTY COMMISSIONERS:
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4 Section 1. Findings The Board specifically adopts the findings of fact and conclusions of law
5 stated above.
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7 Section 2. Property Designation The previously described property shall be designated as the
8 Rockland Key Commercial Retail Center Overlay District as shown on the attached map, which
9 is hereby incorporated by reference and attached as Exhibit 1.
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11 Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
12 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
13 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
14 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
15 provision immediately involved in the controversy in which such judgment or decree shall be
16 rendered.
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18 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
19 with this ordinance are hereby repealed to the extent of said conflict.
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21 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
22 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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24 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
25 Florida but shall not become effective until approved by the Florida State Land Planning Agency
26 and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
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28 Section 7. Inclusion on the Monroe County Code's Official Land Use District Map The
29 provisions of this Ordinance shall be included and incorporated on to the Official Land Use
30 District Map of Monroe County.
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32 Section 8. Effective Date This ordinance shall become effective as provided by law and stated
33 above.
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File #2014 -181 Ord. No. al- 2015
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MONROE COUNTY ATTORNi
MIft ROVED FORM:
STEVEN T. WILLIAMS
ASSISTANT O NTY ATTCR,
Date J/1
File #2014 -181 Ord. No 2015
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of April , 2015.
Mayor Danny L. Kolhage Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
OARD OF COUNTY COMMI t ONEROFF MONROE COUNTY, FLORIDA
BY \
Mayor Darw4 L. Kolhage
AMY HEAVILIN, CLERK
Deputy Clerk
The Monroe County Land Use Map is amended
as indicated above.
Proposal: Amendment of the Monroe County Land Use District (LUD) Map to expand the boundary of the
Rockland Key Commercial Retail Center Overlay District for one additional a property described as a parcel of N
Land in a part of government lots 6 and 7, section 21, township 67 south, range 26 east, Rockland Key, having
Real Estate Number 00122080 - 000302
FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
May 12, 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. 012 -2015, which was filed in this office on May 12,
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.tl.us