Ordinance 004-20161
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ORDINANCE NO. 004 -2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM INDUSTRIAL (I) AND
COMMERCIAL FISHING AREA (CFA) TO MIXED USE (MU), FOR
PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9,
DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00120940.000100, AND
FROM INDUSTRIAL (I) TO COMMERCIAL 2 (C2) FOR PROPERTY
LOCATED AT APPROXIMATE MILE MARKER 9, DESCRIBED AS
FOUR PARCELS OF LAND IN SECTION 21, TOWNSHIP 67 SOUTH,
RANGE 26 EAST, ROCKLAND KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS 00122080.000000, 00122081.000200,
00122010.000000 AND 00121990.000000, AS PROPOSED BY ROCKLAND
OPERATIONS, LLC AND ROCKLAND COMMERCIAL CENTER, INC.;
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, on January 12, 2015, Rockland Operations, LLC and Rockland
Commercial Center, Inc. submitted a letter requesting to update and process an application
submitted on May 18, 2012 for a Land Use District (Zoning) map amendment from Industrial (I)
and Commercial Fishing Area (CFA) to Commercial 2 (C2) and Mixed Use (MU) for five (5)
parcels located on Rockland Key and Big Coppitt Key, having real estate numbers
00122080.000000, 00122081.000200, 00122010.000000, 00121990.000000, and
00120940.000100; and
WHEREAS, the applicant has submitted an application for a corresponding Future Land
Use Map (FLUM) amendment for the subject parcels from Mixed Use /Commercial Fishing
(MCF) and Industrial (I) to Mixed Use /Commercial (MC) and Commercial (COMM) and which
also includes a Comprehensive Plan text amendment, to be adopted simultaneously, establishing
a subarea policy for the Big Coppitt portion of the property restricting any residential use on the
subject property to only affordable housing. Staff has also recommended including the following
restrictions to the proposed subarea policy: restricting any residential use on the subject property
to affordable housing only (with a minimum mix of at least 30% median, at least 30% low, and
at least 30% very low income categories); eliminating all potential for market rate permanent
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I residential and/or transient uses on the site; prohibiting new marinas; prohibiting dredging;
2 prohibiting light industrial uses; prohibiting residential buildings in the 70 -74 DNL (Day -Night
3 Average Sound Level) noise contour; and requiring sound attenuation for any habitable buildings
4 located within the 70 -74 and 65 -69 DNL (Day -Night Average Sound Level) noise contours; and
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6 WHEREAS, at a regularly scheduled meeting on 17 day of November, 2015, the
7 BOCC continued the public hearing to consider adoption of the proposed FLUM amendment and
8 subarea policy because the applicant did not agree with staff recommendation on the mix of
9 affordable housing income categories (mix of at least 30% median, at least 30% low, and at least
10 30% very low income categories); and
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12 WHEREAS, On January 11, 2016, the applicant provided a revised subarea proposal
13 indicating an alternative for the mix of affordable housing income categories and included other
14 amendments in an effort to address concerns from the surrounding community members; and
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16 WHEREAS, based upon the applicant's concern of obtaining financing to develop an
17 affordable housing project with a majority of the units as the lower income categories and the
18 surrounding community members expressed concern with having a large composition of the
19 lower income categories adjacent to their neighborhood, staff recommends in effort to provide
20 for the existing workforce, an increase of the proposed median income category (highest income
21 group of the lower income groups) to provide for a little more mix in affordable housing income
22 categories. The suggestion would result in a mix of 10% median, 20% low and very low
23 combined and 70% moderate income categories; and
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25 WHEREAS, the Monroe County Development Review Committee considered the
26 proposed Land Use District (Zoning) map amendment at a regularly scheduled meeting held on
27 the 25 day of August, 2015; and
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29 WHEREAS, the Monroe County Planning Commission held a public hearing on the 30
30 day of September, 2015, for review and recommendation on the proposed Land Use District
31 (Zoning) map amendment; and
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33 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P31 -15
34 recommending adoption of the proposed amendment; and
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36 WHEREAS, at a regularly scheduled meeting on 17 day of November, 2015, the
37 BOCC continued a public hearing to consider adoption of the proposed Land Use District
38 (Zoning) map amendment; and
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40 WHEREAS, at a regularly scheduled meeting on 10 day of February, 2016, the BOCC
41 held a public hearing to consider adoption of the proposed Land Use District (Zoning) map
42 amendment; and
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44 WHEREAS, based upon the documentation submitted and information provided in the
45 accompanying staff report, the BOCC makes the following Findings of Fact:
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1 1. Prior to the 1986 adoption of the County's current land development regulations and
2 their associated land use district maps, the subject parcels were within GU (General
3 Use) and BU -2 (Medium Business Use) zoning districts; and
4 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
5 for all areas of the unincorporated county. On sheets 563 and 564 of the Land Use
6 District Map, the subject parcels are within Commercial Fishing Area (CFA) and
7 Industrial (I) Land Use Districts; and
8 3. Map amendments to the Monroe County Land Use District Map shall not be
9 inconsistent with the provisions and intent of the Monroe County Comprehensive
10 Plan; and
11 4. Monroe County Code (MCC) § 102 -158 states that map amendments are not intended
12 to relieve particular hardships, nor to confer special privileges or rights on any
13 person, nor to permit an adverse change in community character, analyzed in the
14 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
15 of changed conditions or incorrect assumptions or determinations as determined by
16 the findings of the BOCC; and
17 5. MCC §102- 158(d)(5)(b) provides that one or more of the following criteria must be
18 met for a map amendment:
19 a. Changed projections (e.g., regarding public service needs) from those on which
20 the text or boundary was based;
21 b. Changed assumptions (e.g., regarding demographic trends);
22 c. Data errors, including errors in mapping, vegetative types and natural features
23 described in volume I of the plan [the Comprehensive Plan];
24 d. New issues;
25 e. Recognition of a need for additional detail or comprehensiveness; or
26 f. Data updates; and
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28 6. Map amendments to the Monroe County Land Use District Map shall not be
29 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
30 Critical State Concern; and
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32 WHEREAS, based upon the documentation submitted and information provided in the
33 accompanying staff report, the Board makes the following Conclusions of Law:
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35 1. The proposed map amendment is consistent with the provisions of the Monroe
36 County Code:
37 a. As required by MCC §102-158, the map amendment does not relieve particular
38 hardships, nor confer special privileges or rights on any person, nor permit an
39 adverse change in community character, as analyzed in the Monroe County Year
40 2010 Comprehensive Plan;
41 b. As required by MCC §102- 158(d)(5)b., the map amendment is needed due to
42 changed assumptions and new issues; and
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44 2. The proposed map amendment is consistent with the provisions and intent of the
45 Monroe County Year 2010 Comprehensive Plan:
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a. The Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts
correspond with the Future Land Use Map designations of Mixed
Use /Commercial (MC) and Commercial (COMM), and are consistent with the
respective density and intensity standards as set forth in Policy 101.4.22;
b. The Mixed Use (MU) and Commercial 2 (C2) Land Use (Zoning) Districts are
consistent with the purposes of the Mixed Use /Commercial (MC) and
Commercial (COMM) Future Land Use Map designations, as set forth in Policies
101.4.5 and 101.4.21; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
follows:
The property described as four parcels of land on Rockland Key, having Real
Estate Numbers 00122080- 000000, 00122081- 000200, 00122010- 000000, and
00121990- 000000 is changed from Industrial (I) to Commercial 2 (C2), and a
parcel of land on Big Coppitt Key, having real estate number 00120940- 000000 is
changed from Commercial Fishing Area (CFA) and Industrial (I) to Mixed Use
(MU), as shown on Exhibit 1, attached hereto and incorporated herein.
The Land Use (Zoning) District map amendment is contingent on adoption and
effectiveness of the corresponding FLUM amendment, including the proposed
Comprehensive Plan text amendment establishing subarea Policy 107.1.6 to
provide limitations on development and specific restrictions.
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 Florida State Land
Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. 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 6. Inclusion on the Monroe County 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.
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Section 7. 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 4— day of , 2016.
Mayor Heather Carruther Yes
Mayor Pro Tem s George Neugent Yes
Commissioner Danny L. Kolhage yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
D,&u a�r� -�- Do`s - a o 1 ca
.rrxe�d 3Jsl2o��
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, F RIDA
BY
Mayor 1-196ther C"fruthers
MONROE COUNTY ATTORNEY
PR ED
fCQ FORM:
STEVEN T. WILLIAMS
ASSISTANT OUNTY ATTORNEY
Date 116X IYe.
5
Exhibit 1 to Ordinance #004 -2016
00120940- 000100
CFA &Ito MU
00122080- OOOOOC
ItoC2
. �i rRFAC7�- TT
PO
0012 001- 000200 - 1 r
Ito T g �
Og122 1 OOa %
f t� - 00121990- 000000
I 1
-- Ito C2
The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of five parcels of land on Rockland Key having Real Estate Numbers: 00120940 - 000100,
00122080 - 000000, 00122081 - 000200, 00122010 - 000000 and 00121990 - 000000 from Industrial (1) and
Commercial Fishing Area (CFA) to Commercial (C2) and Mixed Use (MU).
Fes -
. �i rRFAC7�- TT
PO
0012 001- 000200 - 1 r
Ito T g �
Og122 1 OOa %
f t� - 00121990- 000000
I 1
-- Ito C2
The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of five parcels of land on Rockland Key having Real Estate Numbers: 00120940 - 000100,
00122080 - 000000, 00122081 - 000200, 00122010 - 000000 and 00121990 - 000000 from Industrial (1) and
Commercial Fishing Area (CFA) to Commercial (C2) and Mixed Use (MU).
March 3, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 004 -2016 A public hearing to
consider an ordinance by the Monroe County Board of County Commissioners Amending the
Monroe County Land Use District (Zoning) Map from Industrial (1) and Commercial Fishing
Area (CFA) to Mixed Use (MU) for property located at approximate mile marker 9, described as
a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe
County, Florida having Real Estate Number 00120940.000100, and from Industrial (I) to
Commercial 2 (C2) for property located at mile marker 9, described as four parcels of land in
Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, having
Real Estate Numbers 0012280.000000, 00122081.000200, 00122010.000000 and
00121990.000000; as proposed by Rockland Operations, LLC and Rockland Commercial
Center, Inc.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 10, 2016. 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: Cheryl Robertson, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
VA ,
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
March 4, 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. 004 -2016, which was filed in this office on March 3,
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