Item R04R.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: R.4
Agenda Item Summary #5065
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A request to approve an ordinance amending the Tier Overlay
District (Zoning) Map from Tier III -A to Tier III pursuant to a request by Liz Homes, LLC,
regarding a parcel of vacant land on Sugarloaf Key legally described as Lot 31, Block 9, Indian
Mound Estates, according to the plat thereof, recorded in Plat Book 4, Page 132, of the Public
Records of Monroe County, Florida, and currently having Property Identification No. 00171070-
000000.
ITEM BACKGROUND:
This is a request to amend the tier designation for a parcel of land currently bearing Property
Identification No. 00171070-000000 from Tier III -A to Tier III. The subject property is a scarified
parcel within the Improved Subdivision (IS) land use district. The corresponding FLUM designation
is Residential Medium (RM). The subject parcel does not contain any native upland habitat, and is
not contiguous to tropical hardwood hammock of one acre or more. Therefore, the subject parcel
does not meet the criteria for Tier III -A.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment to the
Tier Overlay District Map for the subject currently bearing Property Identification No. 00171070-
000000, as the subject parcel does not meet the criteria for Tier III -A designation and is more
appropriately designated Tier III in accordance with criteria of Section 130-130(c)(2) of the Land
Development Code.
DOCUMENTATION:
2018-136 BOCC SR
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R.4
Ordinance
Tier_Amendment_1117(00171070-000000 )
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
NONE
REVIEWED BY:
If yes, amount:
Emily Schemper
Completed
Peter Morris
Completed
Assistant County Administrator Christine
Hurley
01/25/2019 10:28 AM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
01/04/2019 1:34 PM
01/07/2019 1:32 PM
Completed
01/25/2019 2:37 PM
01/25/2019 2:40 PM
01/25/2019 3:01 PM
02/20/2019 9:00 AM
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ORDINANCE -2 1.9
N ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS N LNG THE MONROE COUNTYTIER OVERLAY
DISTRICT MAP FROM rIERIII-, 'ro 'rIER III PURSUANT " O
REQUEST BYLIZ HOMES, LLC, REGARDING A PARCEL OF VACANT
LAND LOCATED ON SUGARLO F' KEY AND MORE PARTICUL Y
LEGALLY DESCRIBED AS SOT 31, BLOCK 9, IN6DI N MOUND ESTATES,
ACCORDINGTO THE PLAT THEREOF', RECORDED IN PLAT BOOK 4,
PAGE 132, OF "rFIE PUBLIC RECORDS OF MONROE COUNTY, AND
CURRENTLY HAVING PROPER,ry IDENTIFICATION NO. 00171070-
000000; PROVIDING FOR SD4aVD RABID. ITY; PROVIDING FOR REPEAL OF
CONFmcTING PROVISIONS IN ONSIST Nvr E EiTH; PROVIDING
FORTRANsmirrALTOTHE STATE LAND PLANNING AGENCY ANDTO
,rHE SECRE TARY OF STATE; PROVIDING FOR EN . ENT TO THE
TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE
DATE.
WHERE AS, Fi i-lomes, :LIX, has requested that the current Tier Map Overlay designation
for a parcel of property currently bearing Property Identification No. ("RE No."') 00 D 71070mQD00000
(tine "subject property" or the "subject parcel") be amended fnanrn Tien III -A to Tien DDD; and
WHEREAS, the subject parcel is presently located at 196121'equuesta Street, Sugarloaf
Key, and is legally described as more particularly legally described above; and
WHEREAS, S, the Monroe County Development review Committee considered the subject
proposed 'fier Overlay District leap amendment at a regularly scheduled meeting held on the 25"' day
of September, 20 ; and
WHEREAS, S, at a regularly scheduled meeting held on the 24"' day of October, 2018, the
Monroe CountyPlarining Corrnnruission held a public hearing for the review and comment of the
subject proposed amendment to the Monroe County Tier Overlay (District leap, and
WHEREAS, based upon the information and documentation n submitted, the planning
Commission made the following Findings of Fact and Conclusions of La
1. Section 102-15 (a) of the Monroe County Land Development Cade maintains that map
amendments (including the land use district maps) are not intended to relieve particular
hardships, near to confer special privileges or rights on any person, nor to permit a change in
community character, as analyzed in Monroe County Comprehensive plan, but only to
make necessary adjustments in light of chann ed conditions; and
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1 2. Pursuant to Section 102-158(d)(5)(b) of the Monroe County Land Development Code, the
Monroe County Board of County Commissioners may consider the adoption of an
3 ordinance enacting the proposed change based on one or more of the following factors- CI),
4 Changed projections (e.g., regarding public service needs) from those on which the text or
5 boundary was based; Q Changed assumptions (e.g., regarding demographic trends); Lli�
6 Data errors, including errors in mapping, vegetative types and natural features described in
7 volume I of the plan; Cjyj New issues; Lv .1 Recognition of a need for additional detail or
8 comprehensiveness; or (y�i).Data updates; and
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10 3. Staff has determined that the proposed Tier map amendment is consistent with Section
I I 102458(d)(7)(b)(6) of the Monroe County I,and Development Code ("Data updates"); and
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13 4.The proposed map amendment is consistent with the Principles for Guiding Development
14 and not inconsistent with any principle in theFlorida Keys Area of Critical State Concern-,
15 and
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17 5. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
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19 WHEREAS, at a regular meeting held on the 20"' day of February, 2019, the Monroe
20 County Board of County Commissioners held a public hearing to consider the adoption of the
21 proposed amendment, considered the staff report and provided for public comment and public
22 participation in accordance with the requirements of state law and the procedures adopted for public
23 participation in the planning process;
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25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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28 Section L Recitals an e xislative Intent., The foregoing recitals and statements of legislative
29 intent are true and correct and are hereby incorporated as if fully stated herein; and
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31 Section 2® ]'he Tier Overlay District Mal) is amended asfollows�
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33 The subject parcel presently bearing RE No. 00 171070-000000, which is currently
34 designated as Tier III -A, is hereby designated Tier III as shown on the attached map,
35 which is hereby incorporated by reference and attached as Exhibit "L"; and
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37 Section 3. InconsistEpc
Partial Invalid ity.,_ Severab Alit 1,.And Survival of Provisions. If any
38 provision of this ordinance, or any portion thereof, is held to be invalid or
39 unenforceable in or by any administrative hearing officer or court of competent
40 jurisdiction, the invalidity or unen.forceability of such provision, or any portion
41 thereof, shall neither limit nor impair the operation, enforceability, or validity of any
42 other provision ot.this ordinance, or any remaining portion(s) thereof All other
43 provisions of this ordinance, and remaining portion(s) thereof, shall continue
44 unimpaired in full force and effect,
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46 Section 4m fto, t I Ef [nconsis-Letj�isiqs nr(� n_ Aart All ordinances or pis of ordinances in conflict
q.__ _ _ _
47 with this ordinance are hereby repealed to the extent of said conflia The repeal of
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an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Section 5. Ca tmenisjgd Para jrA h Headin.Lys Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit
the scope and intent of the particular paragraph or text to which they refer.
Section 6. 'rransniittal., "rhis ordinance shall be transmitted to the State Land Planning Agency
as required by Sections 380.05(l 1) and 380.0552(9), Florida Statutes.
Section 7 Filin i'and Effective Date. This ordinance shall be filed in the Office of the
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Secretary of the State of Florida, and shall not become effective until approved by
the State Land Plarming Agency and, if appealed, until the appeal is resolved
pursuant to Chapter 120, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida., at
a regular meeting held on the 20'h day of February, 2019,
Mayor Sylvia -J. Murphy, District 5
Mayor Pro Tee Danny L. Kolhage, District 1
Commissioner Michelle Coldiron, District 2
Commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
ATTEST: KEWN MADOK, CLERK
DEPUTY CLERK
BOARD OF COUN"ry COMMISSIONERS
OF MONROE COI..TNTY, FLORIDA
IM
Mayor Sylvia J. Murphy
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
. . . ....... . . . .
MORRIS
ASSISTANT COUNTY ATTO P-,NI:-"y
Date.
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Exhibit 1 to Ordinance# -2019
R.4.b
00171070-000000
The Monroe County Tier Overlay Map is amended
as indicated above.
Tier change of one parcel of land in Sugarloaf Key having Real Estate Number 00171070-000000 from Tier III -A to Tier III
A
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