Ordinance 036-2019 5
6
7 ORDINANCE 036- 0I4
8
AN ORDINANCE BY THE MONROE COUNTY TY OA D OF COUNTY
10 COMMISSIONERS AMENDING THE MONROE COUNTY "TIE
11 OVERLAY DISTRICT MAP FROM TIER I TO TIERIII AS REQUESTED
12 BY RAFAEL AND GL RIA GONZALEZ FOR A PARCEL OF VACANT
13 LAND LEGALLY DESCRIBED AS BLOCK 3 LOT' 15 LA HI-LANDS,
1.4 PLAN' BOOK 4 PAGES 89, KEY LARGO,, HAVING REA.L ESTATE
1.5 00 331 0-000000; PROVIDING FCD E: E1 A iILIT ', PROVIDING' I FOR
1.6 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
17 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
18 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE
19 'TIER OVERLAY DISTRICT ; PROVIDING FOR AN EFFECTIVE
20 DATE.
21
22
23 WHEREAS, Rafael And Gloria Gonzalez requested that the current Tier Map Overlay
24 designation for property identified as Real Estate Number 00533190-000000 be amended from
25 Tier I to Tier III-, and
26
27 WHEREAS, parcel number 00533190-000000 is located at 806 Oakwood Avenue, ley
28 Largo and is legally described as Block 3 Lot 15 Largo Hi-lands,Plat Book 4 Page 89, Ivey Largo;
29 and
30
31 WHEREAS, at a regularly scheduled meeting held on the 28"' day of August 2019,. the
32 Monroe County :planning Commission held a public hearing for the review and comment of the
33 subject proposed amendment to the Monroe County'rier Overlay District 1'+✓1ap; and
34
35 WHEREAS, based upon the information and documentation submitted, the Planning
36 Commission makes the following Findings of Fact and Conclusions of Lave:
37
38 1. §102-158(a) of the Monroe County Code maintains that map amendments (including the
39 land use district unaps) are not, intended to relieve particular hardships, nor to confer
40 special privileges or rights on any person, nor to permit a change in community character,
41 as analyzed in Monroe County Year 2010 Comprehensive Flan, but only to mare
42 necessary adjustments in light of changed conditions; and
43
44 2. Pursuant to §102-158(d)(7)(b) of the Monroe County Code, the Monroe County Board of
45 County Commissioners may consider the adoption of an ordinance enacting the proposed
46 change based on one (I) or more of the following factors: (1) Changed projections (e.g.,
File 2019�-071.
I regarding public service needs) front those on which the text or boundary was based., (2)
2 Changed assumptions (e.g., regarding demographic trends); (3) Data errors, including
3 errors in mapping, vegetative types and natural features described in volurne I of the plan;
4 (4) New issues; (5) Recognition of a need for additional detail or comprehensiveness; (6)
5 Data updates; and (7) consistency with the Comprehensive Plan and the Principles for
6 Guiding Developiiient as de fined in Section 380.0552, Florida Statutes
7
8 3. Staff has determined that the proposed Tier map amendment is consistent with MCC
Sec. 102-158(d)(7)(b)(6) Data updates;
1,0
H 4. The proposed map amendment is consistent with the Principles for Guiding Developryient
12 and not inconsistent with any principle in the Florida Keys Area of Critical State Concern.
13
14 5,The proposed arriendi-nent is consistent with Part 11 of Chapter 163, Florida Statutes; and
15
16 WIIEREAS, at a regular meeting held on the 28 1h day of August, 2019,, the Monroe County
17 Board, of` County Coarmissioners held a public hearing to consider the adoption of the proposed
18 aniendment, considered the staff report and provided lot-public comment and public participation
19 in accordance with the requirements of state law and the: procedures adopted for public
20 participation in the planning process,
21
22 NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF COUNTY
23 CIO MMISSIONERS OF NROE COUNTY, FLORIDA:
24
25 Section L RecitalsAnd Legislative Intent. The foregoing recitals and, staternents of
26 legislative intent are true and correct and are hereby incorporated as if fully stated
27 herein; and
28
29 Section 2, Parcel Number 00533190-000000, which currently is designated as Tier 1, shall be
30 designated Tier .111 Lis shown on 'the, attached map,, which is hereby incorporated by
31 reference and attached as Exhibit 1.
32,
33 Section 3. Severabi!jIL If ally SeCti011, Subsection, sentence, c!lause, itern, change, or
34 provision of this ordinance is held invalid, the remainder of this ordinance shall not
35 be affected by Such Validity.
36
37 Section 4. Iliconsistelic f Provisions.,
38 All ordinances or parts of ordinances in conflict with this ordinance are, hereby
39 repealed to the extent of said conflict.
40
41 Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning
42 Agency as required by R& 380.05(l 1) and F.S. 380,0552(9)„
43
44 Section, 6. Filling and Effective Date., This ordinance shall be filed in the Office of the,
45 Secretary of the State of Florida but shall not becorne effective until approved by
File 2019-071
the State Land
Planning s muntil the appeal is resolved
2 pursuant to Chapter 120 of the Florida Statutes.
County,5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
October,6 at a regular meeting held on the 16dday of 2019.
Mayor Sylvia Murphy,Disixict 5 Absent
...............�.�
Mayor Prep Tem Danny L. IIhae,District 1
10 Commissioner Michelle Coldiron, District
11 Commissioner Heather Carruthers, District
12 Commissioner David Rice,District 4 —YM—
BOARD"' � oi' 't r ,�
OF MONROE COUNTY,PLO A
BY
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22 KEVIN MADOK, CLERK
23 �I
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24
5 Y CLERK
26
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File 2019-071
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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
legalskeysnews tern
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account 138694 Ticke
MONROE COUNTY BOARD OF COUNTY
STATE OF FLORIDA COMMISSIONERS
COUNTY OF MONROE NOTICE OF PUBLIC MEETING AND
Bef re the undersi d authority personally appeared NOTICE OF PUBLIC HEARING
who on oath: NOTICE OF CHANGE TO MONROE
of the Key We COUNTY COMPREHENSIVE PLAN
newspaper ofadve tism in Key est in Monroe County, of NOTICE OF CHANGE TO THE MONROE
copy of advertisment,being egal notice In the matter of
newspaper in the issues of COUNTY LAND DEVELOPMENT CODE
Sunday,September29,2019 ✓' NOTICE OF CHANGE TO MONROE
Affiant further says that the Key West Citizen is a newspap COUNTY TIER OVERLAY DISTRICT MAP
West; in said Monroe County„Florida and that the said nev
fore been continuously published in said Monroe County, F October 16 2019
has been entered as periodicals matter at the post office in
Monroe County„Florida,,,for a period of 1 year next precedi
r,�f the atlarhed,copy of advertisement; and affiant further si NOTICE IS HEREBY GIVEN that on the Mm;:,nroe County Board of County
neither paid nor promised any person, firm or corporation a Commmionera will hold a Public Meeting at the Marathon Govemment Center,2798 Overseas Highway,
FL 3305d to review and meive public comment for the following Rems.
rommisslon or refund for the purpose of sec0ng this adve
tion in the sand new, pUBUC HEARINGS:Im PM(or as soon thereafter as may be heard):
RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-
(Sognature of Affiant) WAY OF OLD STATE ROAD 4A AND ALL OF THE RIGHTnOF-WAY OF LOOP ROAD LYING WITHIN SECTION
" 31,TOWNSHIP 88 SOUTH,RANGE 28 FAST,GOVERNMENT LOT 6; SECTION 6 TOWNSHIP 67 SOUTH,
A ed d s s bed before me this 30th day of Septerr RANGE 28 FAST GOVERNMENT LOTS 3,2,AND 7; SECTION 7 TOWNSHIP 67 SOUTH,RANGE 28 EAST,
GOVERNMENT LOTS 2 AND 4;SECTION 12,TOWNSHIP 67 SOUTH,RANGE 27 FAST GOVERNMENT
LOTS 6 AND 7;ALSO A,50 FOOT STRIP KNOWN AS LOOP ROAD,LYING IN SUGARLOAF KEY,SECTION
12,TOWNSHIP B7 SOUTH,RANGE 27 EAST,GOVERNMENT LOTS 1,2,3,5,AND 7,SECTION 11,TOWNSHIP
INOta y ubllr:§gnatu i 67 SOUTH,RANGE 27 EAST.(FILE#2019-119)
AN ORDINANQE BY THE moNRO: COUNTY WARD OF COUNTY, CQMMtMONER AMENDING
POLICY 101.5.25 OF THE',RIN IC MONROE COUNTY COMPREHEN$IVE PLAN TO ADDRESS DENSITY
(Rotary Pu tic Printed Name) (h ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM (RMy FUTURE LAND USE MAP
CATEGORY AND THE IMPROVED SUBDIVISION(15 ZONING DISTRICT THAT ARE NOT PLATTED LOTS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING
My odmmiss�an expires ��� 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 2018-195)
ef50nail. Known.. Produced Identification— REQUIRED OPEN SPACE,TO ADDRESS i,MUM PERMANENT RESI AMENDING i
y per.-p,
MONROE COUNTY CODE SECTION 130-157 MAx DIlmNT1AL DENSITY AND
Type of Identikation Produced MINIMUMDENSITY ISSUES ON PARCELS OF LAND WITHIN
THE IMPROVED SUBDIVISION(IS)ZONING DISTRICT THAT ARE NOT PLATTED LOTS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFL.ICT!iNG PROVISIONS:PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STAU E;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-197)
AMENDING
POLICY 101.5.29 OF THE MONROE COUNTY 20 CMPREHEN'SIVE PLAN TO ALLOW EXISTING
LAWFULLY ESTABLISHED RESIDENTIAL DWELLING WhS, OTHER THAN MOBILE HOMES, TO BE
CONSIDERED CONFORMING USES REGARDLESS OF FUTURE @...AND USE DISTRICT; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PpOVIDING 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 201 B-
20 9)
AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-163,EXISTING RESIDENTIAL DWELLING
UNITS AND TRANSIENT UNITS,TO ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING
UNITS,OTHER OTHERTHAN MOBILE HOMES,TO BE CONSIDERED CONFORMING USES REGARDLESS OF LAND
USE(ZONING)DISTRICT,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 DE;PROVIDING FOR
AN EFFECTIVE DATE.(FILE 2018-210)
POLICY 101 .4OF THE12030 MONROE COU YI dW RE
COMPREHENSIVE PLAN TO AMENDING
RESIDENTIAL
DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE TO REDEVELOP AT THE
PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES WHERE COMPLIANCE WITH CURRENT
OPEN SPACE REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE;PROVIDING FOR
SEVERABILITY,PROVIDING FOR REP 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-
211)
AN on ENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 102-57(ex2)c TO ALLOW RESIDENTIAL
DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE TO REDEVELOP AT THE
PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES WHERE COMPLIANCE WITH CURRENT
OPEN SPACE REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE,PROVIDING FOR
SIEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE (File
2019-021)
l
THE
K40NROE COUNTY TIER OVERLAY DISTRICT P FROM TIER t TO TIER III AS REQUESTED BY RAFAEL
AND GLORIA GONZALEZ FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 15
LARGO HI-LANDS,PLAT BOOK 4 PAGE 89,KEY LARGO.HAVINGREAL ESTATE NO. 1 -000 0;
PROVIDING FOR SEVE I °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 TIER OVERLAY DISTRICT ;PROVIDING FOR AN EFFECTIVE
DATE.
�i (FILE#2019-071)See Map 1 Below MAR I
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Copies of the shove are available at the Monroe County Planning Department offices in Marathon and Key
Largo during nomnal business hours and online at:
Pursuant to SocVon 286.0105 Plordde Statutes,if a person docidas to qDped any i1ecksion of the Board of
County Commissioners,with rasped to any matter consideradat therneating or &V.he::Prshewill nooda
record of the proceedings,and that,foe-such purpose,he or she may need to in:surs a verbatim record of the
proceedings is made,which record includes the testimony&evidence upon which the appeal ds to be based.
ADA ASSISTANCE.N you are s person with a dbablilly who needs special accommodations In order
to partk4mte In this proceeding,please contact the County Administrator's ,by Phoning
T,between the hours o1 ELM a.m.-&W p.m.,no later than )calendar days prior to the
u!ed meeting,Ifyou ono hearing ! !!1711."
.:w�Ma� m.IN„�kp C!� IICim� &d"IYkIIT�pII
IL
A� teyi n Madok, CPA
Y � � Clerk of the Circuit Court& Comptroller—Moniroe County,, Florid
October 31, 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. 036-2019 amending the Monroe County
Tier Overlay District Map from Tier I to Tier III as requested by Rafael and Gloria Gonzalez for
a parcel of vacant land legally described as Block 3 Lot 15 Largo Hi-Lands, Plat Book 4 Page
89, Key Largo, having real estate no. 00533190-000000; 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 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 October 16, 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 Attorney
BOCC
File
KEY WEST MARATHON PLANTAflON KEY PK /RO,TH BUILDING
5010 Whitehead Street 3117 Overseas IHlighwvay 88820,Overseas Highway 50 bHligh,Point Road
KeyWest,Floridla 33040, Marathon,Florida 33050 Plantation Key,Florida 330,70, Plantation Key,Ftorida 33070
3015-2'94-46411 305-2801-60,27 3015-852-71145 305-852-71145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
October 31, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam 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. 036-2019, which was filed in this office on October 31,
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