Ordinance 005-2019 Q ti
1 rA
2 „
3 5 _ _:
4
5
6 ORDINANCE 005 -2019
7
8 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
9 COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
10 DISTRICT MAP FROM TIER III-A TO TIER III PURSUANT TO A
11 REQUEST BY LIZ HOMES, LLC, REGARDING A PARCEL OF VACANT
12 LAND LOCATED ON SUGARLOAF KEY AND MORE PARTICULARLY
13 LEGALLY DESCRIBED AS LOT 32,BLOCK 9,INDIAN MOUND ESTATES,
14 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4,
15 PAGE 132, OF THE PUBLIC RECORDS OF MONROE COUNTY, AND
16 CURRENTLY HAVING PROPERTY IDENTIFICATION NO. 00171080-
17 000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
18 CONFLICTING PROVISIONS INCONSISTENT HEREWITH; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND TO
20 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE
21 TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN EFFECTIVE
22 DATE.
23
24
25 WHEREAS, Liz Homes, LLC, has requested that the current Tier Map Overlay designation
26 for a parcel of property currently bearing Property Identification No. ("RE No.") 00171080-000000
27 (the"subject property" or the "subject parcel") be amended from Tier III-A to Tier III; and
28
29 WHEREAS,the subject parcel is presently located at 19590 Tequesta Street, Sugarloaf
30 Key, and is legally described as more particularly legally described above; and
31
32 WHEREAS,the Monroe County Development Review Committee considered the subject
33 proposed Tier Overlay District Map amendment at a regularly scheduled meeting held on the 25th day
34 of September, 2018; and
35
36 WHEREAS, at a regularly scheduled meeting held on the 24th day of October, 2018,the
37 Monroe County Planning Commission held a public hearing for the review and comment of the
38 subject proposed amendment to the Monroe County Tier Overlay District Map; and
39
40 WHEREAS, based upon the information and documentation submitted, the Planning
41 Commission made the following Findings of Fact and Conclusions of Law:
42
43 1. Section 102-158(a) of the Monroe County Land Development Code maintains that map
44 amendments (including the land use district maps) are not intended to relieve particular
45 hardships, nor to confer special privileges 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
1 of 3
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: f
4 Changed projections (e.g.,regarding public service needs) from those on which the text or
5 boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii)
6 Data errors, including errors in mapping, vegetative types and natural features described in
7 volume 1 of the plan; (iv)New issues; (v) Recognition of a need for additional detail or
8 comprehensiveness; or(vi) Data updates; and
9
10 3. Staff has determined that the proposed Tier map amendment is consistent with Section
11 102-158(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
16
17 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; and
18
19 WHEREAS, at a regular meeting held on the 20th 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;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
27
28 Section 1. Recitals and Legislative 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. The Tier Overlay District Map is amended as follows:
32
33 The subject parcel presently bearing RE No. 00171080-000000, 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"1."; and
36
37 Section 3. Inconsistency, Partial Invalidity, Severability, 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 unenforceability 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. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
47 with this ordinance are hereby repealed to the extent of said conflict. The repeal of
2 of 3
1 an ordinance herein shall not repeal the repealing clause of such ordinance or revive
2 any ordinance which has been repealed thereby.
3 •
4 Section 5. Captions and Paragraph Headings. Captions and paragraph headings, where used
5 herein, are inserted for convenience only and are not intended to descriptively limit
6 the scope and intent of the particular paragraph or text to which they refer.
7
8 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning Agency
9 as required by Sections 380.05(11) and 380.0552(9), Florida Statutes.
10
11 Section 7. Filing and Effective Date. This ordinance shall be filed in the Office of the
12 Secretary of the State of Florida, and shall not become effective until approved by
13 the State Land Planning Agency and, if appealed, until the appeal is resolved
14 pursuant to Chapter 120, Florida Statutes.
15
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
18 a regular meeting held on the 20th day of February, 2019.
19
20 Mayor Sylvia J. Murphy, District 5 Yes
21 Mayor Pro Tern Danny L. Kolhage, District 1 Yes
22 Commissioner Michelle Coldiron, District 2 Yes
23 Commissioner Heather Carruthers, District 3 Yes
24 Commissioner David Rice, District 4 Yes
25
26 . BOARD OF COUNTY COMMISSIONERS
27 f '''<r: OF MONROE T ORIDA
28 ;,,:..
29 , _, BY
30 % ;(G Mayo ylvia J. Murphy �' s -.
r-- r=
31 `= . box rrl
=�t rr+
32 .(SEAL) ,rf !
33 : ' --/ c --
y r :..7 Zs. �7
34 ATTEST:"``KEVIN MADOK, CLERK "'' m
35 ':-4
36
37
G4L
38 DEPUTY CLERK MONROE COUNTY ATTORNEY
39 APPROVED AS TO FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: /P o1 f' 7q
3 of 3
Exhibit 1 to Ordinance# 005 -2019
J
SEMINOLE ST
CALOOSA S-T
00171080-000000
TEQUES A ST
immmL
CAROB E S
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
N
0,-' l KEY VWEST
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.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 277289 F ?
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersign authority personallyappeared
fen i dlif
raves
l J ,who on oath says that he or she is
of the Key West Citizen, a daily
newspaper publishe in Key st, in Monroe County, Florida;that the attached
copy of advertisment, being a egal notice in the matter of was published in said
newspaper in the issues of:
Monday, February 4,2019 IV-
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 t s-id n- spaper.
/ LIMA
(Sign r re'of Affian;
Affi -• .n. sub y 4 .- ore me this 4th day of February 2019
aiii,,A4////
,,,ii. : ., 1-
fi . i evr'/ d,
(Notary Pu', is Printed Name) (Notary Seal)
My commission expires ��27
Personally Known X Produced Identification
Type of Identification Produced
A y'; _ Suelynn Stamper
_+4 4 COMMISSION#GG232801
'' R�,;,;.�'' XPIIRRES:June 27, 2022
Thru Aaron Notary
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY LAND USE (ZONING)
DISTRICT MAP
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAP
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
February 20, 2019
MOTICE IS HEREBY GIVEN that on Wednesday,February 20,2019,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 and receive public comment for the following items:
aA RESOLUTION SETTING THE DATE,TIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THE RIGHTS-OF-WAY OF MACDONALD AVENUE AND
FIRST STREET,STOCK ISLAND,MONROE COUNTY,FLORIDA,AS SHOWN ON THE PLAT OF MALONEY'S
SUBDIVISION OF STOCK ISLAND.PLAT BOOK 1,PAGE 55;BOUNDED ON THE NORTH BY ALL OF BLOCK
22;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;BOUNDED ON THE SOUTH BY
ALL OF BLOCK 34,AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11 AND BLOCK 33 LOT 20;AND
BOUNDED ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED SHORELINE. (File#2016-179).
A RESOLUTION SETTING THE DATE,TIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON
' THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55,BOUNDED ON THE
NORTH BY ALL OF BLOCK 23;BOUNDED ON THE WEST BY SECOND STREET;BOUNDED ON THE SOUTH
BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM AND A PARCEL OF
LAND ADJACENT TO GOVERNMENT LOT 2,SECTION 35,TOWNSHIP 67 SOUTH,RANGE 25 EAST.STOCK
ISLAND MONROE COUNTY FLORIDA (File#2010-130).
PUBLIC HEARINGS:3:00 PM(or as soon thereafter as may be heard):
BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIED.OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUES I ED BY
-LIZ HOMES,LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 31 INDIAN
MOUND ESTATES,SUGARLOAF KEY PLAT BOOK 4 PAGE 132, SUGARLOAF KEY,HAVING REAL ESTATE
'NO.00171070-000000:AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN-
VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE-
TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR
AN EFFECTIVE DATE.(File#2018-136). See Map 1 Below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY
LIZ HOMES, LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 32 INDIAN
MOUND ESTATES. SUGARLOAF KEY PLAT BOOK 4 PAGE 132, SUGARLOAF KEY, HAVING REAL ESTATE
NO.00171080-000000:AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN-
VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE-
TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR
AN EFFECTIVE DATE.(File#2018-137). See Map 2 Below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM URBAN RESIDENTIAL MOBILE HOME(URM)
TO MIXED USE(MU),FOR PROPERTY LOCATED AT 5650 E.LAUREL AVE.,STOCK ISLAND,MILE MARKER
3,AS PROPOSED BY 5650 LAUREL, LLC; 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.(File 2018-141). See Map 3 Below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY COMPREHENSIVE PLAN AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT
PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, CREATING POLICY 107.1.7 COCO PALMS AF-
FORDABLE HOUSING SUBAREA; ESTABLISHING THE BOUNDARY OF THE COCO PALMS AFFORDABLE
HOUSING SUBAREA;LIMITING THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED AFFORD-
ABLE HOUSING DWELLING UNITS; LIMITING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING IN
THE SUBAREA;AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO;FOR PROPERTY LO-
CATED AT 21585 OLD STATE ROAD 4A.CUDJOE KEY,APPROXIMATELY MILE MARKER 22, HAVING REAL
ESTATE#00174960-000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLD-
INGS COCO,LLC;TO ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP(FLUM)
FROM RESIDENTIAL HIGH(RH)AND RESIDENTIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL
(MC);PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVID-
ING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN:PROVIDING FOR AN EFFECTIVE
DATE.(File#2018-050). See Map 4 Below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY FUTURE LAND USE MAP AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT
PURSUANT TO SECTION 163.3187,FLORIDA STATUTES. FROM RESIDENTIAL HIGH(RH)AND RESIDEN-
TIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL(MC),FOR PROPERTY LOCATED AT 21585 OLD
STATE ROAD 4A,CUDJOE KEY.APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE#00174960-
000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC;
CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE
COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON
THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR
AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE#2018-051).
See Map 4 Below
AN ORDINANCE BY THE MQNROE COUNTY BOARD OF COUNTY COMMISSIONER$AMENDING THE
MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA)AND URBAN RESIDEN-
TIAL-MOBILE HOME(URM)TO SUBURBAN COMMERCIAL(SC).FOR PROPERTY LOCATED AT 21585 OLD
STATE ROAD 4A, CUDJOE KEY. APPROXIMATE MILE MARKER 22, HAVING REAL ESTATE # 00174960-
000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO.LLC;
CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE
COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON
THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP; PROVIDING
FOR AN EFFECTIVE DATE.(FILE#2018-052). See Map 4 Below
M1l1 MAP 2
r-1ne
Teo ill-A!, r,!II
•
,
E3rl—
t '
t
001�1070.000000 00111060-000000
cater ST
I.
• Sugarloaf Key Sugarloaf Key
A Mae Masker 20 A title Masker 22
MAP3 MAP4
Luo
i3RM to Kw
002,1110411000
w'r,a ca.ezz,
•
o I
SteC.,see's cuOtce KS,
We Vat..S Mite Mar:,r,."
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-fLgov
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
fa cord 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)
282-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than five(5)calendar days prior to the
wed meeting•if you are hearing or voice impaired,call"711"
February 4.2019 Key West Citizen
March 6, 2019
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. 005-2019 amending the Monroe County
Tier Overlay District Map from Tier III-A to Tier III pursuant to a request by Liz Homes, LLC,
regarding a parcel of vacant land located on Sugarloaf Key and more particularly 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, and currently having property identification no.
00171080-000000; providing for severability; providing for repeal of conflicting provisions inconsistent
herewith; providing for transmittal to the State Land Planning Agency and to the Secretary of State;
providing for amendment to the Tier Overlay District 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 February 20, 2019. 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
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 6, 2019
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. 005-2019, which was filed in this office on March 6,
2019.
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