Ordinance 015-20161
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 015 _2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) TO PARK AND
REFUGE (PR) AND CONSERVATION DISTRICT (CD), FOR
PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION 24,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, KEY LARGO, MONROE
COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT A,
HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO.
14 (PLAT BOOK 7, PAGE 9), KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00573690.003900, AS
PROPOSED BY OCEAN REEF CLUB 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, Ocean Reef Club Inc. submitted an application on March 9, 2015, for a
Land Use District (Zoning) map amendment from Native Area (NA) to Park and Refuge (PR)
and Conservation District (CD) for property located on South Harbor Drive, Harbor Course
South Section One, Ocean Reef, Key Largo, having real estate number 00573690.003900; and
WHEREAS, the applicant has submitted an application for a corresponding Future Land
Use Map (FLUM) amendment for the subject parcel from Residential Conservation (RC) to
Recreation (R) and Conservation (C); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25th day of August, 2015; and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 18`
day of November, 2015, for review and recommendation on the proposed Land Use District
(Zoning) map amendment; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P35 -15
recommending adoption of the proposed amendment, contingent on adoption and effectiveness
of the corresponding FLUM amendment; and
Ord 015 _2016
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I WHEREAS, at a regularly scheduled meeting held on the 9` day of December, 2015, the
2 Monroe County Board of County Commissioners held a public hearing to consider the
3 corresponding proposed FLUM amendment, and approved Resolution No. 408 -2015 to transmit
4 to the State Land Planning Agency (the Department of Economic Development, or "DEO ") an
5 ordinance to amend the subject property's Future Land Use Map designation from Residential
6 Low (RL) to Commercial (COMM); and
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8 WHEREAS, on March 8, 2016, the State Land Planning Agency issued its Objections,
9 Recommendations, and Comments (ORC) report, which included no objections or comments on
10 the corresponding proposed FLUM amendment;
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12 WHEREAS, at a regularly scheduled meeting on 20` day of April, 2016, the BOCC held
13 a public hearing to consider adoption of the proposed Land Use District (Zoning) map
14 amendment; and
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16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying staff report, the BOCC makes the following Findings of Fact:
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19 1. Prior to the 1986 adoption of the County's current land development regulations and
20 their associated land use district maps, the subject parcel was within an RU -1 (Single
21 Family Residential) zoning district; and
22 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
23 for all areas of the unincorporated county. On sheet 63 of the Land Use District Map,
24 the subject parcel is within a Native Area (NA) Land Use District; and
25 3. Map amendments to the Monroe County Land Use District Map shall not be
26 inconsistent with the provisions and intent of the Monroe County Comprehensive
27 Plan; and
28 4. Monroe County Code (MCC) § 102 -158 states that map amendments are not intended
29 to relieve particular hardships, nor to confer special privileges or rights on any
30 person, nor to permit an adverse change in community character, analyzed in the
31 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
32 of changed conditions or incorrect assumptions or determinations as determined by
33 the findings of the BOCC; and
34 5. MCC §102- 158(d)(5)(b) provides that one or more of the following criteria must be
35 met for a map amendment:
36 a. Changed projections (e.g., regarding public service needs) from those on which
37 the text or boundary was based;
38 b. Changed assumptions (e.g., regarding demographic trends);
39 c. Data errors, including errors in mapping, vegetative types and natural features
40 described in volume I of the plan [the Comprehensive Plan];
41 d. New issues;
42 e. Recognition of a need for additional detail or comprehensiveness; or
43 f. Data updates; and
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Ord 015 -2016
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6. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Conclusions of Law:
The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. As required by MCC §102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
adverse change in community character, as analyzed in the Monroe County Year
2010 Comprehensive Plan;
b. As required by MCC §102- 158(d)(5)b., the map amendment is needed due to
changed projections, changed assumptions, new issues, recognition of a need for
additional detail or comprehensiveness, and data updates; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The Park and Refuge (PR) and Conservation District (CD) Land Use (Zoning)
Districts correspond with the Future Land Use Map designations of Recreation
(R) and Conservation (C), and are consistent with the respective density and
intensity standards as set forth in Policy 101.4.22;
b. The Park and Refuge (PR) and Conservation District (CD) Land Use (Zoning)
Districts are consistent with the purposes of the Recreation (R) and Conservation
(C) Future Land Use Map designations, as set forth in Policies 101.4.9 and
101.4.15; 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 a parcel of land in Section 24, Township 59 South,
Range 40 East, Key Largo, Monroe County, Florida, and also being a portion of
Tract A, Harbor Course South, Section One, Ocean Reef Plat No. 14 (Plat Book
7, Page 9), Key Largo, Monroe County, Florida, having Real Estate Number
00573690.003900 is changed from Native Area (NA) to Park and Refuge (PR)
and Conservation District (CD), as shown on Exhibit 1, attached hereto and
incorporated herein.
Ord 015 - 2016
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The Land Use (Zoning) District map amendment is contingent on adoption and
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effectiveness of the corresponding FLUM amendment from Residential
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Conservation (RC) to Recreation (R) and Conservation (C).
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Section 2.
Severahility. If any section, subsection, sentence, clause, item, change, or
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provision of this ordinance is held invalid, the remainder of this ordinance shall
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not be affected by such validity.
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Section 3.
Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
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conflict with this ordinance are hereby repealed to the extent of said conflict.
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Section 4.
Transmittal. This ordinance shall be transmitted to the Florida State Land
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Planning Agency as required by F.S. 380.05(l 1) and F.S. 380.0552(9).
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Section 5.
Fil ing. This ordinance shall be filed in the Office of the Secretary of the State of
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Florida but shall not become effective until approved by the Florida State Land
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Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
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120 of the Florida Statutes.
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Section 6.
Inclusion on the Monroe County Code's Official Land Use District Map The
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provisions of this Ordinance shall be included and incorporated on to the Official
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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
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stated above.
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PASSED
AND ADOPTED by the Board of County Commissioners of Monroe County,
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Flow, at
a r meeting held on the D day of 016.
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> Mayor Heather Carruthers Yes
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a-
Mayor Pro Tem George Neugent Not Pre sent
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;=, o Commissioner Danny L. Kolhage V
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W. Commissioner David Rice Yes
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Commissioner Sylvia Murphy Yes
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BOARD OF COUNTY COMMISSIONERS
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OF MONROE C OL RIDA
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BY
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Mayor eath arruthers
4,
MY HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
P R0 A FORM:
o'
ERK ASSISTANT NO T. w TY ATTORNEY
+°
Date - y�� G
Ord -2016
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Ocean Reef having Real Estate Number 00573690- 003900
from Native Area (NA) to Park and Refuge (PR) and Conservation District (CD).
L
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MME cauM, aonon
July 6, 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. 015 -2016. AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
(ZONING) MAP FROM NATIVE AREA (NA) TO PARKS AND REFUGE (PR) AND CONSERVATION DISTRICT
(CD), FOR PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION 24, TOWNSHIP 59 SOUTH, RANGE 40
EAST, KEY LARGO, MONROE COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT A, HARBOR
COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14 (PLAT BOOK 7, PAGE 9), KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00573690.003900, AS PROPOSED BY OCEAN REEF CLUB
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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in
formal session, on April 20, 2016. Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Re ectfull ub o
y fSOy)
ter? I�
Lk
Amy Heav in, 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
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
RICK SCOTT
Governor
July 7, 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. 015 -2016, which was filed in this office on July 6, 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
www.dos.state.fl.us