Ordinance 027-2016MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL
MEDIUM (RM) TO MIXED USE /COMMERCIAL (MC)
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 ML, 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; PROVIDNG
FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN AND FOR AMENMENT TO
THE FUTURE LAND USE MAP; PROVIDNG FOR AN
EFFECTIVE DATE.
WHEREAS, on September 15, 2016, 3JL, LLC (formerly on January 11, 2016 by Andrew
P Andrushko) submitted a revised application requesting to amend the Future Land Use Map
(FLUM) of the Monroe County Comprehensive Plan from Residential Medium (RM) to Mixed
Use /Commercial (MC); 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, an office use exists at the subject property with a current FLUM
designation of RL, 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
Comprehensive Plan; and
Ordinance. No. = 2016 Page 1 of 4
WHEREAS, 3JL, LLC is requesting a change to the FLUM designation in order to
eliminate the nonconformity for the existing office use; and
WHEREAS, at a regularly scheduled meeting held on the 29` day of March, 2016, the
Monroe County Development Review Committee considered the proposed amendment and
recommended approval; memorialized by Resolution No. DRC 0l -16; and
WHEREAS, at a regularly scheduled meeting held the 27 day of April, 2016, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
proposed Future Land Use map amendment; and
WHEREAS, the Monroe county Planning Commission made the following findings of
fact and conclusions of law:
1. The proposed FLUM is not anticipated to adversely impact the community character of
the surrounding area;
2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
adopted Level of Service (LOS);
3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan;
4. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan;
5. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statute (F.S.); and
6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes
(F.S.).
WHEREAS, the Monroe County Planning Commission passed Resolution No. P13 -16,
recommending to the Monroe County Board of County Commissioners approval of the proposed
amendment contingent upon the effectiveness of the BOCC directed amendment to Policy
101.4.20, which will be renumbered as Policy 101.5.26 in the 2030 Comprehensive Plan; and
WHEREAS, at a regularly scheduled meeting held on the 15 day of June, 2016, the
Monroe County Board of County Commissioners held a public hearing, 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 approved Resolution No. 133 -2016 to transmit to the State Land Planning Agency
(the Department of Economic Development, or "DEO ") an ordinance to amend the subject
property's Future Land Use Map designation from Residential Medium (RM) to Mixed
Use /Commercial (MC); and
Ordinance. No. = 2016 Page 2 of 4
WHEREAS, on September 6` 2016, the County received the State Land Planning Agency's
Objections, Recommendations, and Comments (ORC) report, which included no objections or
comments on the proposed FLUM amendment;
WHEREAS, the County has 180 days from the date of receipt of the ORC report to adopt
the proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The ordinance is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern;
2. The ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
3. The ordinance is consistent with the provisions and intent of the Monroe County
Code; and
WHEREAS, at a regularly scheduled meeting on _ day of , 2016, the BOCC
held a public hearing to consider adoption of the proposed Comprehensive Plan map amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
amended as follows:
The Future Land Use 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
Residential Medium (RM) to Mixed Use /Commercial (MC), 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 by the Director of Planning to the
State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
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 a notice is issued by the
State Land Planning Agency or Administration Commission finding the amendment in
Ordinance. No. = 2016 Page 3 of 4
compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida
Statutes.
Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
incorporated in the Monroe County Year 2030 Comprehensive Plan and included on the Future
Land Use Map.
PASSED AND ADOPTED by the Board of Count Commissioners of Monroe County,
Florida, at a regular meeting held on the —LL day of , 2016.
Mayor Heather Carruthers yE5
Mayor Pro Tem George Neugent X65
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Y HEAVILIN, CLERK BOARD OF CO LINTY COMMISSIONERS
OF MONROE gAAWA&IURA
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By:
23bb Clerk May r He er Carruthers
(SEAL)
MONROE COUNTY ATTORNEY
A OV AS ORM:
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ASSISTANT C U TY ATTORNEY
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Ordinance. No. = 2016 Page 4 of 4
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of one parcel of land in Key Largo having Real Estate Number 00510640 - 000000
from Residential Medium (RM) to Mixed Use /Commercial (MC). N
A
AMY REAVILIN, CPA
CLERK OF CIRCUR COURT &COMPTROLLER
xONROE couMrr, 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. 027 -2016 A public hearing to consider an
ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future
Land Use Map from Residential Medium (RM) to Mixed Use /Commercial (MC), 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.
Respectful) s b fitted,
ofs
Amy He ilin, 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. 027 -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.tl.us