Ordinance 028-20161
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. Oa g .2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO
URBAN COMMERCIAL (UC), FOR PROPERTY LOCATED AT 31
OCEAN REEF DRIVE, KEY LARGO, OCEAN REEF CLUB, DESCRIBED
AS A PARCEL OF LAND IN SECTION 7, TOWNSHIP 59 SOUTH,
RANGE 41 EAST, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE #00081740.000400, AS PROPOSED BY ORU
ASSOCIATES 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 Plaza, LLC submitted an application on July 2, 2014, for a
Land Use District (Zoning) map amendment from Suburban Commercial (SC) to Urban
Commercial (UC) for property located at 31 Ocean Reef Drive, Ocean Reef, Key Largo, having
real estate number 00081740.000400; and
WHEREAS, on August 21, 2014, the applicant requested that the application be held
until further notice; and
WHEREAS, on April 20, 2016, the applicant requested that the application be re-
instated and processed; and
WHEREAS, on May 9, 2016, a warranty deed was recorded with the Monroe County
Clerk, transferring ownership of the property to ORU Associates, Inc.; and
WHEREAS, on July 5, 2016, an updated application form and other required
documentation was submitted by ORU Associates, Inc. (hereafter referred to as "the Applicant ")
requesting the same Zoning amendment for the property, from Suburban Commercial (SC) to
Urban Commercial (UC); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25` day of July, 2016; and
Ord = 2016 Page 1 of 4
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2 WHEREAS, the Monroe County Planning Commission held a public hearing on the 31
3 day of August, 2016, for review and recommendation on the proposed Land Use District
4 (Zoning) map amendment; and
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6 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25 -16
7 recommending approval of the proposed amendment; and
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9 WHEREAS, at a regularly scheduled meeting held on the 19`" day of October, 2016, the
10 Monroe County Board of County Commissioners held a public hearing to consider the proposed
11 Land Use District (Zoning) map amendment; and
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13 WHEREAS, based upon the documentation submitted and information provided in the
14 accompanying staff report, the BOCC makes the following Findings of Fact:
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16 1. Prior to the 1986 adoption of the County's current land development regulations and
17 their associated land use district maps, the subject parcel was within an BU -2
18 (Medium Business) zoning district; and
19 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
20 for all areas of the unincorporated county. On sheet 56 of the Land Use District Map,
21 the subject parcel is within a Suburban Commercial (SC) Land Use District; and
22 3. Map amendments to the Monroe County Land Use District Map shall not be
23 inconsistent with the provisions and intent of the Monroe County Comprehensive
24 Plan; and
25 4. Monroe County Code (MCC) § 102 -158 states that map amendments are not intended
26 to relieve particular hardships, nor to confer special privileges or rights on any
27 person, nor to permit an adverse change in community character, analyzed in the
28 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
29 of changed conditions or incorrect assumptions or determinations as determined by
30 the findings of the BOCC; and
31 5. MCC §102- 158(d)(5)b. provides that one or more of the following criteria must be
32 met for a map amendment:
33 a. Changed projections (e.g., regarding public service needs) from those on which
34 the text or boundary was based;
35 b. Changed assumptions (e.g., regarding demographic trends);
36 c. Data errors, including errors in mapping, vegetative types and natural features
37 described in volume I of the plan [the Comprehensive Plan];
38 d. New issues;
39 e. Recognition of a need for additional detail or comprehensiveness; or
40 f. Data updates; and
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42 6. Map amendments to the Monroe County Land Use District Map shall not be
43 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
44 Critical State Concern; and
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Ord 2016 Page 2 of 4
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WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Conclusions of Law:
1. 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
Comprehensive Plan;
b. As required by MCC §102- 158(d)(5)b., the map amendment is needed due to data
errors and recognition of 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 2030 Comprehensive Plan:
a. The Urban Commercial (UC) Land Use (Zoning) District corresponds with the
subject property's Future Land Use Map designation of Mixed Use /Commercial
(MC), and is consistent with the respective density and intensity standards as set
forth in Policy 101.5.25;
b. The Urban Commercial (UC) Land Use (Zoning) District is consistent with the
purpose of the Mixed Use /Commercial (MC) Future Land Use Map designation,
as set forth in Policy 101.5.6;
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 7, Township 59 South,
Range 41 East, Key Largo, Monroe County, Florida, having Real Estate Number
00081740.000400, is changed from Suburban Commercial (SC) to Urban
Commercial (UC), 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
Ord -2016 Page 3 of 4
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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 Mau. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the H day of Oel -- , 2016.
Mayor Heather Carruthers
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Mayor Pro Tem George Neugent
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Commissioner Danny L. Kolhage
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Commissioner David Rice
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Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY LORIDA
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Mayor eath r arruthers
HEAVILIN, CLERK
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Ord -2016 Page 4 of 4
Exhibit 1 to Ordinance# -2016
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land in Ocean Reef having Real Estate Number 00081740 - 000400
from Suburban Commercial (SC) to Urban Commercial (UC). N
A
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
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. 028 -2016 An Ordinance by the Monroe
County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map
from Suburban Commercial (SC) to Urban Commercial (UC), for property located at 31 Ocean Reef
Drive, Key Largo, Ocean Reef Club, described as a parcel of land in Section 7, Township 59 South,
Range 41 East, Key Largo, Monroe County, Florida, having Real Estate #00081740.000400, as
proposed by ORU Associates Inc.
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.
Respectfully sub fitted,
Amy He i 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
October 27, 2016
RICK SCOTT
Governor
October 28, 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. 028 -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