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Ordinance 017-2018 1 2 4,40 4 � r. 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 • ORDINANCE NO.017 - 2018 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE 14 DISTRICT (ZONING) MAP FROM SPARSELY SETTLED (SS) TO 15 SUBURBAN RESIDENTIAL (SR), FOR PROPERTY LOCATED AT 10 16 EGRET LANE, GEIGER KEY, APPROXIMATELY MILE MARKER 11, 17 LEGALLY DESCRIBED LOTS 4 -7, BLOCK 6, BOCA CHICA OCEAN 18 SHORES, GEIGER KEY, RECORDED IN PLAT BOOK 5 AT PAGE 49 19 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, 20 HAVING PARCEL ID 00142020 - 000000, AS PROPOSED BY SMITH 21 HAWKS, PL ON BEHALF OF DEBRA S. TOPPINO, AS TRUSTEE OF 22 THE DEBRA S. TOPPINO LIVING TRUST AND RICHARD TOPPINO; 23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 24 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 25 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 26 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE 27 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. 28 (FILE #2018 -091) 29 30 31 WHEREAS, on May 2, 2018, the Planning and Environmental Resources Department 32 received an application from Barton W. Smith of Smith Hawks PL on behalf of Debra S. 33 Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino "the Applicants," 34 to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential 35 (SR) for property located at 10 Egret Lane on Geiger Key with Parcel ID 00142020 - 000000; and 36 37 WHEREAS, the property has a Residential Low (RL) Future Land Use Map designation; 38 and 39 40 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development 41 regulations to be consistent with and implement the Comprehensive Plan; and 42 43 WHEREAS, the Applicant held a Community Meeting regarding the proposed 44 amendment, as required by MCC § 102- 159(a), on June 6, 2018; and 45 Ord.017 -2018 Page 1 of 4 File 2018 -091 1 WHEREAS, the Monroe County Development Review Committee (DRC) considered 2 the proposed amendments at a regularly scheduled meeting held on the 26 day of June, 2018; 3 and 4 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee 5 (DRC) reviewed the proposed map amendment; and 6 7 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County 8 Planning Commission held a public hearing for the purpose of considering the proposed 9 amendment to the Land Use District (Zoning) Map and provided for public comment; and 10 11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P22 -18 12 recommending approval of the proposed Zoning map amendment; and 13 14 WHEREAS, at a regularly scheduled meeting held on the 15 day of August, 2018, 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 19 20 WHEREAS, based upon the documentation submitted and information provided in the 21 accompanying staff report, the BOCC makes the following Findings of Fact: 22 23 1. Prior to the 1986 adoption of the County's current land development regulations and 24 their associated land use district maps, the subject parcel was within the RU -1 (single- 25 family residential) zoning district; and 26 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted 27 for all areas of the unincorporated county, and the subject parcel was given its current 28 zoning designation of Sparsely Settled (SS); and 29 3. Monroe County Code (MCC) § 102 -158 states that map amendments are not intended 30 to relieve particular hardships, nor to confer special privileges or rights on any person, 31 nor to permit an adverse change in community character, analyzed in the Monroe 32 County Comprehensive Plan, but only to make necessary adjustments in light of 33 changed conditions or incorrect assumptions or determinations as determined by the 34 findings of the BOCC; and 35 4. MCC §102- 158(d)(7)b. provides that one or more of the following criteria must be 36 met for a map amendment: 37 a. Changed projections (e.g., regarding public service needs) from those on which 38 the text or boundary was based; 39 b. Changed assumptions (e.g., regarding demographic trends); 40 c. Data errors, including errors in mapping, vegetative types and natural features 41 described in volume I of the plan [the Comprehensive Plan]; 42 d. New issues; 43 e. Recognition of a need for additional detail or comprehensiveness; or 44 f. Data updates; and 45 OrdP 17 -2018 Page 2 of 4 File 2018 -091 1 5. Map amendments to the Monroe County Land Use District Map shall not be 2 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 3 Critical State Concern; and 4 5 WHEREAS, based upon the documentation submitted and information provided in the 6 accompanying staff report, the BOCC makes the following Conclusions of Law: 7 8 1. The proposed map amendment is consistent with the provisions of the Monroe 9 County Code: 10 11 a. As required by MCC §102 -158, the map amendment does not relieve particular 12 hardships, nor confer special privileges or rights on any person, nor permit an 13 adverse change in community character, as analyzed in the Monroe County Year 14 2030 Comprehensive Plan; 15 b. As required by MCC §102- 158(d)(7)b., the map amendment is needed due to data 16 errors and new issues; and 17 18 2. The proposed map amendment is consistent with the provisions and intent of the 19 Monroe County Year 2030 Comprehensive Plan: 20 21 a. The Suburban Residential (SR) Land Use (Zoning) District corresponds with the 22 Residential Low (RL) . Future Land Use Map designation and is consistent with 23 the respective density and intensity standards as set forth in Policy 101.5.25; 24 b. The Suburban Residential (SR) Land Use (Zoning) District is consistent with the 25 purpose of the Residential Low (RL) Future Land Use Map designation, as set 26 forth in Policy 101.5.6; 27 c. The proposed amendment is not inconsistent with the Lower Keys Livable 28 CommuniKeys Plan; and 29 30 3. The proposed map amendment is not inconsistent with the Principles for Guiding 31 Development in the Florida Keys Area of Critical State Concern; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 35 36 Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as 37 follows: 38 39 The property located at 10 Egret Lane, approximately Mile Marker 11, described 40 as Lots 4 -7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat 41 Book 5 at Page 49 of the public records of Monroe County, Florida, having Parcel 42 ID 00142020 - 000000 shall be designated as Suburban Residential (SR) as shown 43 on Exhibit 1, attached hereto and incorporated herein. 44 45 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 46 provision of this ordinance is held invalid, the remainder of this ordinance shall 47 not be affected by such validity. Ord.017 -2018 Page 3 of 4 File 2018 -091 ; 6 Z 1 2 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 3 conflict with this ordinance are hereby repealed to the extent of said conflict. 4 5 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 6 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 7 8 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of 9 Florida but shall not become effective until approved by the Florida State Land 10 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 11 120 of the Florida Statutes. 12 13 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The 14 provisions of this Ordinance shall be included and incorporated on to the Official 15 Land Use District Map of Monroe County. 16 17 Section 7. Effective Date. This ordinance shall become effective as provided by law and 18 stated above. 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 21 Florida, at a regular meeting held on the 15 thday of August ,2018 . 22 23 24 Mayor David Rice, District 4 Yes 25 Mayor Pro Tem Sylvia J. Murphy, District 5 Yes 26 va, Danny L. Kolhage, District 1 Yes o �C 2 _ j George Neugent, District 2 Yes -1 "/ 1 W 28 1) \I Heather Carruthers, District 3 No:, or'pt MI Mt v=s ` 3) c)prt 1 - 1 . 1 °, , 7% 10 MADOK, CLERK BOARD OF COUNTY COMMISSIONS m 3 �=� °T ( / OF MONROE OUNT , FLORIDA `: -' to 34 Deputy Clerk By: �' 35 Mayor Davie e 36 (SEAL) 37 38 O , Ft +E COUNTY RIMY Ii : . " LS ORM: 3Tirst.rt:T. WILLIAMS ASSISTANT U Y ATTORNEY ®Ate Ord017 -2018 Page 4 of 4 File 2018 -091 • - ° Knit WEST • ti '? The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800, Key West FL 33041 P: (305) 292 -7777 ext. 219 F: (305) 295 -8025 legals ©keysnews.com MONROE COUNTY PLANNING DEPT 2798 OVERSEAS HWY STE 410 MARATHON FL 33050 -4277 . Account: 138694 Ticket: 245934 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] • COUNTY OF MONROE Before the undersigns authority personally appeared ►I IN, t , who on oath says that he or she is c ` e ° l 1 t. of the Key West Citizen, a daily newspaper published in Key 4.-ge. est, in Monroe County, Florida; that the attached copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: Sunday, July 29, 2018' Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in e .aid news. (Si• of Affiant) gi A jr," A f f i ed : nd subs a Before me this 24th day of 2 018 AO/ / N •.'a' P 4 bli. ••' a4ure) (Notary P, •lic Printed Name) (Notary Seal) 1'p Suelynn Stampe232802 r My commission expires /!J .� ZZ s t:1 �= � � �� 60 "it - t om EXPIRES: June 27, 2022 �i a '0 Bolded lhiu Ann Notary Personally Known X Produced Identification Type of Identification Produced - • ' MONROE COUNTY BOARD OF - COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF AMENDMENT TO THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP August 2018 • NOTICE IS HEREBY GIVEN that on Wednesday, August 15, 2018, the Monroe County Board of County Commissioners will hold the following Pub- lic Hearings at the Harvey Government Center, 1200 Truman Ave, Key West, Monroe County, Florida to review and receive public comment for the following items: . 3:00 PM (or as soon thereafter as may be heard): AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM SPARSELY SETTLED (SS) TO SUBURBAN RESIDENTIAL (SR), FOR PROPERTY LOCATED AT 10 EGRET LANE, GEIGER KEY, APPROXIMATELY MILE MARKER 11, LEGALLY DESCRIBED LOTS 4 -7, BLOCK 6, BOCA CHICA OCEAN SHORES, GEIGER KEY, RECORDED IN PLAT BOOK 5 AT PAGE 49 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING REAL ESTATE # 00142020 - 000000, AS PROPOSED BY SMITH HAWKS, PL ON BEHALF OF DEBRA S. TOPPINO, AS TRUSTEE OF THE DEBRA S. TOPPINO LIVING TRUST AND RICHARD TOPPINO; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVID- ING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVID- ING FOR AN EFFECTIVE DATE. (FILE #2018 -091) See Map Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EX- TENDING AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE AC- CEPTANCE AND APPROVAL OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES COMMENCING OCTOBER 27, 2018, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOP- MENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. (FILE'2018 -088) AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EX- TENDING AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 011 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR. SECTION 138 -22(B) TO TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION, COMMENCING OCTOBER 27, 2018, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE DEVEL- OPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPER- TY SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018 -089) • AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EX- TENDING AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, . 2017 THROUGH ORDINANCE 012 -2017 FOR AN ADDITIONAL 365 DAYS TO. DEFER THE AP- PROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, , DEVELOPMENT AGREEMENTS' (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR' ' AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UN- RELATED PEOPLE" OR TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING OCTOBER 27,'2018,.UNTIL THE BOCC CAN REVIEW AND POSSIBLYAMEND THE COMPREHENSIVE PLAN AND LAND' DEVELOPMENT CODE REGARDING THE DEFINI- TIONS OF DWELLING UNIT HOUSEHOLD; FAMILY AND'THE UNDEFINED TERM "LOCK -OUT" OF 'A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE. DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN' AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SEC RETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. , (FILE 2018 -090) - LUD SS SR • • er 1 Siu 34' Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and online at: www.monroecounty = fl.gov - Pursuant to Section 286.0105 Florida if a person decides to appeal any decision of the Board of County = Commissioners, with respect to any matter considered at the meeting or hearing, he or she will need a record'of the proceedings, and that, for such purpose, he or she may need to insure a verbatim record of the proceedings is made, which record includes the testimony & evidence upon which the appeal is to be based. ADA ASSISTANCE: If you, are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning . (305) 292- ' 4441, between the hours of 8:30 a.m. -`5:00 p.m., no later than five (5) calendar days prior to the sched- ' uled meeting; if you are hearing or voice impaired, cal! "711'. July 28, 2018 Key West Citizen GJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN September 4, 2018 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399 -0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 017 -2018 amending the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Egret Lane, Geiger Key, approximately mile marker 11, legally described Lots 4 -7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat Book 5 at Page 49 of the public records of Monroe County, Florida, having parcel ID 00142020- 000000, as proposed by Smith Hawks, PL on behalf of Debra S. Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino; 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 August 15, 2018. Should you have any questions, please feel free to contact me at (305) 292 -3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex- officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Planning & Environmental County Administrator County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 RICK SCOTT Governor September 4, 2018 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok 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. 2018 -017, which was filed in this office on September 4, 2018. 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.ft.us