Item R05R.5
t, 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.5
Agenda Item Summary #5067
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 32, 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. 00171080-
000000.
ITEM BACKGROUND: A request to amend the tier designation for a parcel of land currently
bearing Property Identification No. 00171080-000000 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:
NONE
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment to the
Tier Overlay District Map for the subject currently bearing Property Identification No. 00171080-
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:
Staff Report
Ordinance
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R.5
Tier_Amendment_1117(00171080-000000)
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
Assistant County Administrator Christine
Hurley
01/27/2019 5:15 PM
Peter Morris
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
01/25/2019 12:31 PM
Completed
01/29/2019 1:27 PM
01/29/2019 2:56 PM
01/29/2019 2:5 8 PM
01/29/2019 3:01 PM
02/20/2019 9:00 AM
Packet Pg. 1947
R.5.b
4 �
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6 ORDINANCE -2 I.9
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8 AN ORDINANCE IDV THE ONROE COUNTY BOARD COUNTY
9 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
10 DISTRICT MAP FROM TIER 111-A TO TIER 1.11 PURSUANT TO A
I I REQUEST BY LIZ HOMES, I. LC , REGARDING A PARCEL OF VACANT
12 LAND LOCATED ON SUGARLOAF KEY AND MORE, PARTICULARLY
13 LEGALLY DESCRIBED AS LOT 32, BLOCK 9, IN IAN MOUND ESTATES,
14 ACCORDING INCH TO 1% AA E LA I' THEREOF, , C O IEID IN PLAT BOOK 4,
15 PAGE 132, OF THE PUBLIC RECORDS CDC MONROE COUNTY, AND
16 CURRENTLY N"ILY A.VING PROPERTY IDENTIFICATION NO. 00 7I 8 -
17 ID 1D0 ; PROVIDING FOR SEVERABILITY; PROVIDING . VIIDING FOR PEAL OF
18 C ON L.IC TING .PROVIS.ICDNS.INC NSIs,rENT HEREWITH; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND TO
20 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO HE
21 TIER OVERLAY DISTRICT MAP; PROVIDING O AN EFFECTIVE
22 DATE.
23
24
25 WHEREAS, Liz Homes, 1LILC,, has requested that the current Tier Map Overlay designation
26 for a parcel of property erty currently nearing Property Identification No. ("RE Non") 00171080-000000
27 (the "subject property" erty" or the "subject parcel") be amended from Tier 111_A to Tier Ilp; and
28
29 WHEREAS, the subject parcel is presently located at 19590 °I[equesta Street, Sugarloaf
30 Key, and is legally described as more particularly legally described above; and
1
32 WHEREAS, the Monroe County Development Review Committee considered the subject
33 p pop oscd ,ricr Overlay District Maps au.ncndment at a regularly scheduled meeting held on the 25tbi day
34 of September, 2018; and
35
36 WHERE AS, at a regularly scheduled meeting held on the 20' day of October, 2018, the
37 Monroe County Planning Commission held a public hearing for the review and comment of the
38 subject proposed oscd amendment to the Monroe I'ounty Tier Overlay District Map, and
39
40 WHEREAS, based upon the information and documentation submitted, the Planning
41 Commission made the following Findin s of Fact and Conclusions of Law:
42
43 1. Section 102 -158(a) of the Monroe County Land Development Code maintains that maps
44 amendments (including the land use district maps) are not intended to relieve particular
45 hardships, nor to confer special privileges cs or rights on any person, nor to permit a change in
46 community character, as analyzed in Monroe County Comprehensive Plan, but only to
47 make necessary adjustments in light of changed conditions; and
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1 2. Pursuant to Section 102-158(d)(5)(b) of the Monroe County Land. Development Code, the
2 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, fil
4 Changed projections (e.g., regarding public service needs) from those on which the text or
5 boundary was based; (LhJ Changed assumptions (e.g., regarding demographic trends); Liiij
6 Data errors, including errors in mapping, vegetative types and natural features described in
7 volume I of the plan;(Liv) New issues;Uv Recognition of a need for additional detail or
8 comprehensiveness- or (yi) Data updates; and
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10 3. Staff has determined that the proposed Tier map amendment is consistent with Section
I I 102-158(d)(7)(b)(6) of the Monroe County Land Development Code ("Data updates"); and
12
13 4. 'The proposed map amendment is consistent with the Principles for Guiding Development
14 and not inconsistent with any principle in the Florida 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
18
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 tine procedures adopted for public
23 participation in the planning process;
24
25 NOW, THERE, FORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2OMSSONERF NUNFORIDIS OMOROE COTY, LA:,
27
28 Section 1. Recitals and LvAsla,tive Intent. 'The foregoing recitals and statements of legislative
29 intent are true and correct and are hereby incorporated as if fully stated herein; and
30
31 Section 2. 'rhe'rier Overlay District Mal) is amended as follows:
32
33 The subject parcel presently bearing RE No. 00 171080-000000, which is currently
34 designated as 'rier Ill -A, is hereby designated 'Tier III as shown on the attached rnap,
35 which is hereby incorporated by reference and attached as Exhibit "I."; and
36
37 Section 3. Inconsist - (,ASLJParfia! Inva i i , LveraUi 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 of 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.
45
46 Section 4 &peal of Inconsi.q All ordinances or parts of ordinances in conflict
47 with this ordinance are hereby repeated to the extent of said conflict, 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. CaL)tions and ParRgEARh_H2AjjRgj 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. Transmittal. This 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. t lin AndF!,ff�ecfiyq Rate. 'rhis ordinance shall dram piped in the Office of the
J�
Secretary of the State of Florida, and shall not become effective until approved by
the State Land Planning 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 2V' day of February, 2019.
Mayor Sylvia J. Murphy, District 5
Mayor Pro Ten? Danny L. Kolhage, District I
Commissioner Michelle Coldiron, District 2
Commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
BOARD OF couN"ry COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
ATTEST- KEVIN MADOK, CLERK
Mayor Sylvia J. Murphy
DEpt j'ry CLERK , MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
.. .......... . . ........ .. . i . ......... PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
I Packet Pg. 1950 1
Exhibit 1 to Ordinance# -2019
R.5.b
00171080-000000
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 00171080-000000 from Tier III -A to Tier III
A
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