Ordinance 002-2016•
ORDINANCE'�iO 6
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY TIER
OVERLAY DISTRICT MAP FROM NO DESIGNATION TO TIER I FOR
PROPERTY LOCATED AT 610 ELMA AVENUE, BIG PINE KEY, MILE
MARKER #30, LEGALLY DESCRIBED AS BAY BOTTOM WEST AND
ADJACENT TO LOT 6 AND THE S 1/2 OF LOT 7, PINEY POINT
SUBDIVISION (PLAT BOOK 3, PAGE 88) MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE # 00112000 - 000000; AND AMENDING THE
MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM NO
DESIGNATION TO TIER III FOR PROPERTY LOCATED AT HENRY
LANE, BIG PINE KEY, MILE MARKER #29.75, LEGALLY DESCRIBED AS
A PARCEL OF LAND IN PART OF THE SE 1 /a OF THE NE 1 /4 (AKA 40' X
305' ROADWAY) OF SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29
EAST, BIG PINE KEY, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE # 00111880- 000210; AS PROPOSED BY THE MONROE COUNTY
DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES;
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 TIER OVERLAY DISTRICT
MAP; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning & Environmental Resources Department identified properties
without a tier designation and requested that the Tier Map Overlay designation for property
identified as Real Estate Number 00112000 - 000000 be amended from having no Tier Overlay
District designation to Tier I; and the Tier Overlay District designation for property identified as
Real Estate Number 00111880 - 000210 be amended from having no Tier designation to Tier III.;
and
WHEREAS, parcel number 00112000-000000 is located at 610 Elma Avenue, Big Pine
Key and is legally described as bay bottom west and adjacent to lot 6 and the s 1/2 of lot 7, Piney
Point Subdivision (Plat Book 3, Page 88); and
WHEREAS, parcel number 00111880- 000210 is known as Henry Lane, legally described
as a parcel of land in part of the SE 1 /a of the NE 1 /a (aka 40' x 305' roadway) of Section 27,
Township 66 South, Range 29 East, Big Pine Key; and
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WHEREAS, the Monroe County Development Review Committee considered the 9roposed
Tier Overlay District Map amendment at a regularly scheduled meeting held on the 29 day of
September, 2015; and
WHEREAS, at a regularly scheduled meeting held on the 18 day of November, 2015, the
Monroe County Planning Commission held a public hearing for the review and comment of the
proposed amendment to the Monroe County Tier Overlay District Map; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. §102- 158(a) of the Monroe County Code maintains that map amendments (including the
land use district maps) 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 Year 2010 Comprehensive Plan, but only to make necessary
adjustments in light of changed conditions; and
2. Pursuant to § 102- 158(d)(5)b of the Monroe County Code, the Monroe County Board of
County Commissioners may consider the adoption of an ordinance enacting the proposed
change based on one (1) or more of the following factors: (i) Changed projections (e.g.,
regarding public service needs) from those on which the text or boundary was based; (ii)
Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1 of the plan;
(iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or
(vi) Data updates; and
3. Staff has determined that the proposed Tier map amendment is consistent with MCC Sec.
102- 158(d)(5)b: (iii) Data errors;
4. Staff has determined that the proposed Tier map amendment is consistent with Goal 105 of
the Monroe County Comprehensive Plan; and
5.The proposed amendment is consistent with the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key and the Habitat Conservation Plan; and
6. The proposed map amendment is consistent with the Principles for Guiding Development
and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
7.The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes.
r"
WHEREAS, at a regular meeting held on the 20, day of �''`� 2016, the Monroe
County Board of County Commissioners held a public hearing to consider the adoption of the
proposed amendment, 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
s
WHEREAS, at the X- , 2016, public hearing, the BOCC voted to �T'�'� the
amendment to the State Land Planning Agency; and
File 2015 -166
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Tier Overlay District Map is amended as follows:
Parcel Number 00112000-000000, which currently has no Tier Designation, is
designated Tier I as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 1.
Parcel Number 00111880- 000210, which currently has no Tier Designation, is
designated Tier III as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 2.
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 to the State Land Planning Agency
as required by F.S. 380.05(11) and F.S. 380.0552(9).
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 approved by the
State Land Planning Agency and, if appealed, until the appeal is resolved pursuant to
Chapter 120 of the Florida Statutes.
PASSED AND ADOPTED by the Board of C�olinty Commissioners of Monroe County, Florida, at
a regular meeting held on the � day of `J v
A / , 2016.
Mayor Heather Carruthers
Yes
Mayor pro tem George Neugent
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
/4 �
4 4 .
BY
Mayor He er a thers
File 2015 -166
(SEAL)
MO ROE COUNTY ORNEY
RO AS S ORM:
w
STiEVEN WILLIAMS
ASSISTANT COON Y ATTOR EY
Date ��
File 2015 -166
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File 2015 -166
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Amendments to Tier Overlay District Maps Amendments to Tier Overlay District
_._.._._..._._,.__._ Amendment Date: ® Tier I - Native Area
__.,..._.,..._.. __ Print Date: Date: 9/14/2015
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Amendment Date:
_.___........_- _._- Print Date: Date: 9 /14/2015
Ordinanc�t21�4C N
Amendments to Tier Overlay District A
Amendments to Tier Overlay District Maps
Q Tier III - Infill Area
RICK SCOTT
Governor
February 5, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
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. 002 -2016, which was filed in this office on February 4,
2016.
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