Ordinance 027-2018 4s
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8 MONROE COUNTY,FLORIDA ,
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. 027 -2018
11
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
15 DISTRICT (ZONING) MAP FROM SPARSELY SETTLED (SS) AND
16 NATIVE AREA (NA) TO MIXED USE (MU), FOR PROPERTY
17 LOCATED AT 26351 OLD STATE ROAD 4A, RAMROD KEY, MILE
18 MARKER 26.5, DESCRIBED AS BEING PART OF THE NORTHEAST Vs
19 OF SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29 EAST, MONROE
20 COUNTY, FLORIDA, HAVING PARCEL ID 00114150-000000 &
21 00114150-000400;' AS PROPOSED BY ANNA HUBICKI, ESQ. ON
22 BEHALF OF RUDOLPH AND ROSEANN KRAUSE TRUSTEES;
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 2018-014)
29 -
30
31 WHEREAS, on January 26, 2018, the Planning and Environmental Resources
32 Department received an application from Ana Hubicki, Esq. on behalf of Rudolph and Roseann
33 Krause Trustees "the Applicants," to amend the Land Use District (Zoning) Map from Sparsely
34 Settled (SS) and Native Area (NA) to Mixed Use (MU) for property located at 26351 Old State
35 Road on Ramrod Key with Parcel ID 00114150-000000 and 00114150-000400; and
36
37 WHEREAS, the property has a Mixed Use / Commercial (MC) and Residential
38 Conservation (RC) Future Land Use Map designations; and
39
40 WHEREAS, the property is subject to Comprehensive Plan Policy 107.1.2 Ramrod Key J
41 Mixed Use Area 1; and
42
, 43 WHEREAS, the Monroe County Development Review Committee (DRC) considered
44 the proposed amendments at a regularly scheduled meeting held on the 24th day of July, 2018;
45 and
46
Ord.027 -2018 Page 1 of 4
File 2018-014
1 WHEREAS, at a regularly scheduled meeting held on September 26, 2018, the Monroe
2 County Planning Commission held a public hearing for the purpose of considering the proposed
3 amendment to the Land Use District(Zoning)Map and provided for public comment; and
4
5 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P28-18
6 recommending approval of the proposed Zoning map amendment; and
7
8 WHEREAS, at a regularly scheduled meeting held on the 20th day of November, 2018,
9 the Monroe County Board of County Commissioners held a public hearing, considered the staff
10 report, and provided for public comment and public participation in accordance with the
11 requirements of state law and the procedures adopted for public participation in the planning
12 process; and
13
14 WHEREAS, based upon the documentation submitted and information provided in the
15 accompanying staff report, the BOCC makes the following Findings of Fact:
16
17 1. Prior to the 1986 adoption of the County's current land development regulations and
18 their associated land use district maps, the subject parcel was within the NA (native
19 area), SC (suburban commercial) and SS (sparsely settled); and
20 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
21 for all areas of the unincorporated county, and the subject parcel was given its current
22 zoning designation of Native Area (NA), Suburban Commercial (SC) and Sparsely
23 Settled (SS); and
24 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended
25 to relieve particular hardships, nor to confer special privileges or rights on any person,
26 nor to permit an adverse change in community character, analyzed in the Monroe
27 County Comprehensive Plan, but only to make necessary adjustments in light of
28 changed conditions or incorrect assumptions or determinations as determined by the
29 findings of the BOCC; and
30 4. MCC §102-158(d)(7)b. provides that one or more of the following criteria must be
31 met for a map amendment:
32 a. Changed projections (e.g., regarding public service needs) from those on which
33 the text or boundary was based;
34 b. Changed assumptions (e.g., regarding demographic trends);
35 c. Data errors, including errors in mapping, vegetative types and natural features
36 described in volume I of the plan [the Comprehensive Plan];
37 d. New issues;
38 e. Recognition of a need for additional detail or comprehensiveness; or
39 f. Data updates; and
40 5. Map amendments to the Monroe County Land Use District Map shall not be
41 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
42 Critical State Concern; and
43
Ord. 027 -2018 Page 2 of 4
File 2018-014
1 WHEREAS, based upon the documentation submitted and information provided in the
2 accompanying staff report,the BOCC makes the following Conclusions of Law:
3
4 1. The proposed map amendment is consistent with the provisions of the Monroe
5 County Code:
6
7 a. As required by MCC §102-158, the map amendment does not relieve particular
8 hardships, nor confer special privileges or rights on any person, nor permit an
9 adverse change in community character, as analyzed in the Monroe County Year
10 2030 Comprehensive Plan;
11 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to data
12 errors and new issues; and
13
14 2. The proposed map amendment is consistent with the provisions and intent of the
15 Monroe County Year 2030 Comprehensive Plan:
16
17 a. The Mixed Use (MU) Land Use (Zoning) District corresponds with the Mixed
18 Use / Commercial (MC) Future Land Use Map designation and is consistent with
19 the respective density and intensity standards as set forth in Policy 101.5.25;
20 b. The Mixed Use (MU) Land Use (Zoning) District is consistent with the purpose
21 of the Mixed Use / Commercial (MC) Future Land Use Map designation, as set
22 forth in Policy 101.5.6;
23 c. The proposed amendment is not inconsistent with the Lower Keys Livable
24 CommuniKeys Plan; and
25
26 3. The proposed map amendment is not inconsistent with the Principles for Guiding
27 Development in the Florida Keys Area of Critical State Concern;
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
30 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
31
32 Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
33 follows:
34
35 The property located at 26351 Old State Road 4A, approximately Mile Marker
36 26.5, at 26351 Old State Road 4A, Ramrod Key, having Parcel ID 00114150-
37 000000 & 00114150-000400 shall be designated as Mixed Use (MU) as shown on
38 Exhibit 1, attached hereto and incorporated herein.
39
40 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
41 provision of this ordinance is held invalid, the remainder of this ordinance shall
42 not be affected by such validity.
43
44 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
45 conflict with this ordinance are hereby repealed to the extent of said conflict.
46
Ord. 027 -2018 Page 3 of 4
File 2018-014
•
1 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
3
4 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
5 Florida but shall not become effective until approved by the Florida State Land
6 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
7 120 of the Florida Statutes.
8
9 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The
10 provisions of this Ordinance shall be included and incorporated on to the Official
11 Land Use District Map of Monroe County.
12
13 Section 7. Effective Date. This ordinance shall become effective as provided by law and
14 stated above.
15
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
17 Florida, at a regular meeting held on the 20th day of November , 2018 .
18
19
20 Mayor Sylvia J. Murphy '''.
Y Y Yes . - . _
21 Mayor Pro Tern DannyL. Kolha e Yes c�. sae 7
Y g =.r o -F-..
22 Commissioner Michelle Coldiron Yes mr- M
23 Commissioner Heather Carruthers Yes -ri
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24 Commissioner David Rice Yes ct-s:
26 ,E
27 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSION
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BT VEM T.WILLIAMS
ASSISTANT C,OUINTY ATTORNEY
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Ord. 027 -2018 Page 4 of 4
File 2018-014
Exhibit 1 to Ordinance# 027 -2018
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The Monroe County Land Use District is amended
as indicated above.
Land Use District change of two parcels of land on Summerland Key having Real Estate Numbers 00114150-000000
and 00114150-000400 from Sparsely Settled(SS)and Native Area(NA)to Mixed Use(MU). N
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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 CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 262529
4 . .
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
rniv Ill GU ,who on oath says that he or she is
a 1 e-1' ' 1ç71O .J\-e_-c of the Key West Citizen, a daily _ -,_
newspaper published in KWNest, 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, November 4,2018 . /
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 the aid news .
(Si natu e of Affiant)
Affi u: - dd/ • i abed •fore me this 5th day of November 2018
; 'VW;
/7
(Notary •ublic Printed Name) (Notary Seal)
My commission expires 6g-2--
Personally Known X Produced Identification_ `40.1 o, Suelynn Stamper
Type of Identification Produced :14c: �i,' COMMISSION#GG232802
y, •`1 ;= EXPIRES:June 27,2022
"ni v'��, Bonded Thru Aaron Notary
. • 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 MAP (ZONING)
NOTICE OF AMENDMENT TO THE
MONROE COUNTY
COMPREHENSIVE PLAN
November 20, 2018
NOTICE IS HEREBY GIVEN that on Tuesday, November 20, 2018,the Monroe County Board of
County Commissioners will hold a Public Meeting at the Harvey Government Center,1200 Truman
Ave,Key West,Monroe County,Florida,to review the following items:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND-
ING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM SPARSELY SETTLED
(SS)AND NATIVE AREA(NA)TO MIXED USE(MU), FOR PROPERTY LOCATED AT 26351 OLD
STATE ROAD 4A, RAMROD KEY, MILE MARKER 26.5, DESCRIBED AS BEING PART OF THE
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29 EAST, MONROE COUN-
TY, FLORIDA, HAVING PARCEL ID 001 1 41 50-000000&001 1 41 50-000400; AS PROPOSED BY
ANNA HUBICKI, ESQ.ON BEHALF OF RUDOLPH AND ROSEANN KRAUSE TRUSTEES; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PRO-
VIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY
OF STATE;PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PRO-
VIDING FOR AN EFFECTIVE DATE. (FILE 2018-014)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND-
ING POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TO AL-
LOW FOR THE AWARD OF ROGO ALLOCATIONS TO TIER I AND III-A FOR THE REDEVEL-
OPMENT OF LAWFULLY EXISTING ROGO EXEMPT MARKET RATE DWELLING UNITS WITH A
REPLACEMENT AFFORDABLE DWELLING UNIT; 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 INCLUSION IN
THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE
#2018-107)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND-
ING POLICY 101.3.7 OF THE 2030 MONROE COUNTY COMPREHENSIVE PLAN REGARDING
TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY RESIDENTS DIS-
PLACED BY A NATURAL DISASTER TO ALLOW FOR THE BOARD OF COUNTY COMMISSION-
ERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF TEMPORARY
EMERGENCY HOUSING AFTER A NATURAL DISASTER;PROVIDING FOR SEVERABILITY;PRO-
VIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLU-
SION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE. (File 2018-042)
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RE-
NOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT
PORTION OF THE RIGHT-OF-WAY OF SEAGRAPE STREET,AS SHOWN ON THE PLAT OF DUCK
KEY, SECTION 4, TOMS HARBOR, PLAT BOOK 5, PAGE 82, BOUNDED ON THE NORTH BY
EAST SEAVIEW DRIVE; BOUNDED ON THE WEST BY BK 1 LT 126, 127, 128&129 DUCK KEY
YACHT CLUB ISLAND SEC-4 TOMS HARBOR PB5-82; BOUNDED ON THE SOUTH BY DUCK
KEY YACHT CLUB ISLAND SEC 4 TOMS HARBOR PB5-82 LOTS 126& 127 BLK 1 &BK 1 LT
124-125 DUCK KEY YACHT CLUB ISLAND SEC-4 TOMS HARBOR PB5-82;AND BOUNDED ON
THE EAST BY BK 1 LT 123, 124&125 DUCK KEY YACHT CLUB ISLAND SEC-4 TOMS HARBOR
PB5-82(FILE 2018-140).
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 Statutes,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 or-
der 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 scheduled meeting;if you are hearing or voice impaired,call"711".
November 3,2018 Key West Citizen
December 10, 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. 027-2018 amending the Monroe County
Land Use District (Zoning) Map from Sparsely Settled (SS) and Native Area (NA) to Mixed Use
(MU), for property located at 26351 Old State Road 4A, Ramrod Key, mile marker 26.5,
described as being part of the northeast ¼ of Section 31, Township 66 South, Range 29 East,
Monroe County, Florida, having parcel ID 00114150-000000 & 00114150-000400; as proposed by
Anna Hubicki, Esq. on behalf of Rudolph and Roseann Krause Trustees; 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 November 20, 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 Attorney
BOCC
File
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 10, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 027-2018, which was filed in this office on December
10, 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.fl.us