Ordinance 026-20161
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. d� - 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM
IMPROVED SUBDIVISION (IS) TO MIXED USE (MU), FOR
PROPERTY LOCATED AT 105030 OVERSEAS HIGHWAY, KEY
LARGO, APPROXIMATE MILE MARKER 105, DESCRIBED AS
LOT 11, BLOCK 3, REVISED AMENDED PLAT OF RIVIERA
VILLAGE, PB2/P80 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00510640 - 000000 AS PROPOSED BY 3JL, LLC (FORMERLY
ANDREW P. ANDRUSHKO); 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 September 15, 2016, 3JL, LLC (formerly Andrew P. Andrushko on January
11, 2016), submitted a revised application requesting to amend the Monroe County Land Use
District (Zoning) map from Improved Subdivision (IS) to Mixed Use (MU); and
WHEREAS, the subject property is located at 105030 Overseas Highway, Key Largo,
approximate mile marker 105 and is described as Lot 11, Block 3, Revised Amended Plat of
Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida, having real estate
number 00510640- 000000; and
WHEREAS, 3JL, LLC operates an office use at the subject property with a current Land
Use (Zoning) designation of IS, which does not allow a commercial office use in the current
configuration, and the current use is therefore considered nonconforming to the provisions of the
current Land Development Code; and
WHEREAS, 3JL, LLC is requesting a change to the Land Use (Zoning) designation in order
to eliminate the nonconformity for the existing commercial office use; and
Ordinance No. -2016 Page 1 of 5
I WHEREAS, at a regularly scheduled meeting held on the 29 day of March, 2016, the
2 Monroe County Development Review Committee considered the proposed amendment and
3 recommended approval; memorialized by Resolution No. DRC 02 -16; and
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5 WHEREAS, at a regularly scheduled meeting held on the 27 day of April, 2016, the
6 Monroe County Planning Commission held a public hearing for the purpose of considering the
7 proposed Land Use (Zoning) map amendment; and
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9 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P14 -16,
10 recommending to the Monroe County Board of County Commissioners approval of the proposed
11 amendment contingent upon the adoption and effectiveness of the corresponding FLUM
12 amendment; and
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14 WHEREAS, at a regularly scheduled meeting held on the 15 day of June, 2016, the
15 Monroe County Board of County Commissioners held a public hearing, considered the staff
16 report, and provided for public comment and public participation in accordance with the
17 requirements of state law and the procedures adopted for public participation in the planning
18 process, and approved Resolution No. 133 -2016 to transmit to the State Land Planning Agency
19 (the Department of Economic Development, or "DEO ") an ordinance to amend the subject
20 property's Future Land Use Map designation from Residential Medium (RM) to Mixed
21 Use /Commercial (MC); and
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23 WHEREAS, on September 6 2016, the County received the State Land Planning Agency's
24 Objections, Recommendations, and Comments (ORC) report, which included no objections or
25 comments on the proposed FLUM amendment;
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27 WHEREAS, based upon the documentation submitted and information provided in the
28 accompanying staff report, the BOCC makes the following Findings of Fact:
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30 1. Prior to the 1986 adoption of the County's current land development regulations and
31 their associated land use district maps, the subject property was within a BU -1 (Light
32 Business) zoning district;
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34 2. In 1986, the property was rezoned to its current Land Use District designation of
35 Improved Subdivision (IS);
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37 3. With the adoption of the Comprehensive Plan's Future Land Use Map in 1997, the
38 subject parcel was given its current Future Land Use Map designation of Residential
39 Medium (RM);
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41 4. Map amendments to the Monroe County Land Use District Map shall not be
42 inconsistent with the provisions and intent of the Monroe County Comprehensive
43 Plan; and
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45 5. Monroe County Code §102 -158 states that map amendments are not intended to
46 relieve particular hardships, nor to confer special privileges or rights on any person,
Ordinance No. -2016 Page 2 of 5
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nor to permit a change in community character, as analyzed in Monroe County
Comprehensive Plan, but only to make necessary adjustments in light of changed
conditions; and
6. Monroe County Code §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);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan;
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness;
f. Data updates;
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
7. 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, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. The existing use of the property is consistent with the purpose of the Mixed Use
(MU) Land Use District, as set forth in MCC § 130 -38;
b. The existing use of the property is permitted as a permitted use in the Mixed Use
(MU) Land Use District, as set forth in MCC § 130 -88;
c. 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 a
change in community character, as analyzed in the Monroe County Year 2010
Comprehensive Plan;
d. As required by MCC §102- 158(d)(5)b.3., the map amendment is needed due to
data errors; and
e. As required by MCC §102- 158(d)(5)b.6., the map amendment is needed due to a
need for additional detail or comprehensiveness; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The Mixed Use (MU) Land Use District corresponds with the Future Land Use
Map designation of Mixed Use /Commercial (MC), and is consistent with the
respective density and intensity as set forth in Policy 101.4.22;
Ordinance No. -2016 Page 3 of 5
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b. The Mixed Use (MU) Land Use District is consistent with the purpose of the
Mixed Use /Commercial (MC) Future Land Use Map designation, as set forth in
Policy 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 amended as follows:
The Monroe County Land Use District (Zoning) Map designation for the property
described as Lot 11, Block 3, Revised Amended Plat of Riviera Village, PB2/P80 of the
Public Records of Monroe County, Florida, having real estate number 00510640- 000000
is changed from Improved Subdivision (IS) to Mixed Use (MU), as shown on Exhibit 1,
attached hereto and incorporated herein.
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.
Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
above.
Ordinance No. -2016 Page 4 of 5
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BOARD OF COUNT AISSIO N
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OF MONROE CO
By:
Mayor eath uthers
MONROE COUNTY TTORNEY
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Date /o /G
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the Iq day of 19Ct — , 2016.
Ordinance No.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
-2016
Page 5 of 5
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the Iq day of 19Ct — , 2016.
Ordinance No.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
-2016
Page 5 of 5
The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Key Largo having Real Estate Number: 00510640 - 000000
from Improved Subdivision (IS) to Mixed Use (MU).
F".63,
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
WNROE COUNTY, FLORIDA
October 27, 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 026 -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 Improved Subdivision (IS) to Mixed Use (MU), for property located at
105030 Overseas Highway, Key Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the
Revised Amended Plat of Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe
County, Florida, having Real Estate # 00510640.000000, as proposed by 3JL, LLC (formerly Andrew
Andrushko).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on October 19, 2016. Please file for the record. Should you
have any questions please feel free to contact me at (305) 295 -3130.
R Vm vli y b itt ed,
fS�
A 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
October 27, 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. 026 -2016, which was filed in this office on October 27,
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