Resolution 110-20172
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8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 110 - 2017
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13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS CONFIRMING THE
15 ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE
16 SENIOR DIRECTOR OF PLANNING AND
17 ENVIRONMENTAL RESOURCES IN A FUTURE LAND USE
18 MAP BOUNDARY DETERMINATION REGARDING SQUARE
19 20, OCEAN ACRES (PB1 -188), KEY LARGO, MONROE
20 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
21 00454520.000000, AS REQUESTED BY MAGNOLIA 101, LLC.
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24 WHEREAS, on December 2, 2016, the Monroe County Planning and Environmental
25 Resources Department received a request from Magnolia 101, LLC (Applicant) for a boundary
26 determination for property located at 101 Magnolia Street, Key Largo, to change the Future Land
27 Use Map (FLUM) designation of the Residential Low (RL) portion of the property to Mixed
28 Use /Commercial (MC), thereby designating the entire property as MC; and
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30 WHEREAS, the subject property is legally described as Square 20, Ocean Acres (PB1-
31 188), Key Largo, Monroe County, Florida, having Real Estate Number 00454520.000000; and
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33 WHEREAS, pursuant to MCC § 102- 21(b)(2)h., it is the authority and duty of the
34 Director of Planning to render interpretations of the official Future Land Use Map; and
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36 WHEREAS, a Letter of Understanding (LOU) for the subject property was issued on
37 April 29, 2013, by the Planning Director at the time, Townsley Schwab, in which Planning
38 Director Schwab made the interpretation that Lot 20 is entirely within the MC future land use
39 category; and
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41 WHEREAS, based on the preceding interpretation by the Planning Director Schwab,
;2 stag . determined that a drafting error. occur:cd on tnc o : :ic.a: iar.:. use -map and the suture
43 land use map; and
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45 WHEREAS, the Applicant is requesting a boundary determination in order to allow light
46 industrial use as a permitted use on the southeastern portion of the property; and
Resolution No. 110 - 2017 Pagel of 3
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WHEREAS, the subject property currently has outstanding code enforcement violations
regarding clearing without the benefit of a building permit and expansion of a light industrial use
into the RL portion of the property without the benefit of a building permit; and
WHEREAS, a boundary determination for the FLUM on the subject property confirming
the designation MC for the entire parcel is just one of several steps the applicant must take to
receive building permits for a light industrial use on the southeastern portion of the parcel, which
is one of multiple options available to the applicant to move towards resolving the site's ongoing
code enforcement violations; and
WHEREAS, to resolve the error, the Board of County Commissioners must confirm the
interpretation of Planning Director Schwab before the boundary determination interpretation is
effective; and
WHEREAS, no official Boundary Determination was confirmed by the Board of County
Commissioners at the time of the 2013 LOU; and
WHEREAS, pursuant to MCC §102- 158(e), typographical or drafting errors:
amendments to the text to correct typographical or drafting errors may be adopted by the BOCC
without posted notice or public hearing at any regular meeting; and
WHEREAS, pursuant to MCC §102- 158(e), notice of such amendments shall be
transmitted to the State Land Planning Agency within 30 days; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
The interpretation of the official Future Land Use Map by Townsley Schwab, Senior Director of
Planning & Environmental Resources, recommending correction of the Future Land Use Map
boundary is hereby found to be in conformance with the standards set forth in the Monroe
County Land Development Code and is approved.
Section 1. The parcel of land legally described as Square 20, Ocean Acres (PB1 -188), Key
Largo, Monroe County, Florida, having Real Estate Number 00454520.000000 shall be
designated as Mixed Use /Commercial (MC) on the Future Land Use District Map of the Monroe
County Comprehensive Plan (attached hereto as Exhibit A).
Section 2. The above conclusions of law are predicated upon the findings of fact and conclusions
of law outlined in the staff recommendation, which this Board hereby adopts as its own.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
Resoluttion to the Monroe County Plannin; and Environmental Resources Department.
Section 5. The Clerk of the Board is hereby directed to forward a certified copy of this
Resolution to the Florida State Land Planning Agency as required by §102- 158(e) of the Monroe
County Code.
Resolution No. 110 - 2017 Page 2 of 3
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 12 day of April, 2017.
MOAPPOE Cat)NTY A'
Y
Date.
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DEPUTY CLERK
MADOK, CLERK
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Heather Carruthers Yes
Commissioner Danny L. Kolhage Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
ayor Gegrge Neugent
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Resolution No. 110 - 2017 Page 3 of 3
Exhibit A to Resolution #110 -201
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The Monroe County Future Land Use Map is amended
as indicated below.
Boundary Determination amending Future Land Use Map designation of one parcel of land
in Key Largo having Real Estate Number 00454520 - 000000 from Mixed Use /Commercial and N
Residential Low (RL) to Mixed Use /Commercial (MC). A
4`P���COU O`f •, o
April 25, 2017
Rebecca Jetton, Administrator, Areas of Critical State Concern
Division of Community Planning and Development
Department of Economic Opportunity
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
Dear Ms. Jetton,
Attached is a certified copy of Resolution No. 110 -2017 confirming the administrative
boundary interpretation of the Senior Director of Planning & Environmental Resources in a
Future Land Use Map boundary determination regarding Square 20, Ocean Acres (PB 1- 188),
Key Largo, Monroe County, FL having real estate numb 00454520
Kevin Madok CPA
Clerk of the Circuit Court & Comptroller— Monroe County, Florida
er - 000000.
The Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in formal session, on April 12, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
cc: File
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- officio to the
Monroe County Board of County
Commissioners
By: Pamela G. Hancock, D.C.
KEYWEST OFFICE MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
PK /ROTH OFFICE
50 High Point Road
Plantation Key, Florida 33(