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Ordinance 033-2000 ORDINANCE # O,"p-2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY ROBERT ROBILLARD AND SAM STOIA TO CHANGE THE OFFICIAL LAND USE DISTRICT MAP (ZONING) FROM URBAN RESIDENTIAL MOBILE HOME (URM) TO URBAN 6 0 RESIDENTIAL (UR) FOR PROPERTIES DESCRIBED ASS5(")~ MANDALA Y SUBDIVISION, KEY LARGO, LOCATED INg~~ SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, THEg~: NORHTEASTERL Y 325 FEET OF SQUARE 3 WHICH RUNS~?'8 250 FEET BETWEEN FIRST AND SECOND STREET ~~~ MONROE COUNTY, FLORIDA, AT APPROXIMA TEL Y MILF;.'i ~ MARKER 97. !# ,." (:) ." 0 - c... r- c: m :z: 0 f ." en 0 :::0 ;z.. :::u :z ,." \D ("') .. 0 N. :::u en c WHEREAS, the Board of County Commissioners, during a regular meeting held on May 17, 2000, conducted a review and consideration of the request filed by the applicants' agent to amend the zoning map from Urban Residential Mobile Home (URM) to Urban Residential (DR) for the properties described above and having the real estate numbers of 554720 and a portion of 554710. WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this zoning use map amendment from URM to UR as indicated in resolutions D21-99 and P82-99; and WHEREAS, the Planning Commission, reviewed and considered the application during a regular meeting held on February 23, 2000, and recommends approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the Board of County Commissioners may consider a land use change if at least one of six criteria is met. Section 9.5-511 also prohibits changes which negatively impact community character. 2. Objective 101.4 of the 2010 Plan requires that the County regulate future development to maintain the character of the community. 3. Owners of the subject properties are requesting a rezoning from URM to UR. 4. The Future Land Use Map designation for the subject properties is RH. 5. Pursuant to Policies 101.4.21, UR is consistent with the RH Future Land Use Map (FLUM) designation. BOCC Mandalay Zoning Map Ordinance Page 1 of4 Initials 6. Policy 101.14.2 of the 2010 Plan states that Monroe County shall prohibit placing mobile homes within the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home park or subdivision zoned for such use. 7. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of all required open space in a contiguous, non-fragmented condition. 8. Policy 217.3.2 of the 2010 Plan states that Monroe County shall prohibit construction of mobile homes within the CHHA except on an approved lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this plan. 9. Goal 601 of the 2010 Plan states that Monroe County shall adopt programs and policies to facilitate access by all current and future residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. 11. Rezoning these properties from URM to UR removes opportunities for placing mobile homes within the CHHA, pursuant to Policy 101.14.2 and 217.3.2. 12. Objective 601.1 of the 2010 Plan states that by January 4, 1998, Monroe County shall complete initial implementation of the following defined policies, including establishment of a structured monitoring program, to reduce by 50% the current estimated affordable housing need for households in the in the very low and low income classifications. 10. While the rezoning does not increase the likely development potential of the properties, it creates opportunities for much needed quality affordable housing in Key Largo. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. This rezoning request meets the criterion outlined in Section 9.5-511 of the Monroe County Code and will not negatively impact on community character. 2. This rezoning request is compatible with the commercial marine character of this portion of Marathon and is therefore consistent with Objective 101.4 of the 2010 Plan. 3. The changes to the developmental potential of these sites will also not adversely impact on natural resources or public facilities. 4. Rezoning these properties is consistent with Policy 101.4.21 of the 2010 Plan since these properties are designated RH on the FLUM. 5. Rezoning these properties from URM to UR is consistent with Policy 101.14.2 and 217.3.2. as it removes opportunities for placing mobile homes within the CHHA. BOCC Mandalay Zoning Map Ordinance Page 2 of4 Initials 6. Rezoning these properties from URM to UR creates new opportunities to build more clustered, affordable housing, pursuant to Goal 601 and Objective 601.1. 7. Rezoning these properties to UR will provide owners with a mechanism for coming into conformance with regards to density and use. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently zoned Urban Residential Mobile Home (URM), shall be zoned Urban Residential (DR) as shown on the attached map, which is hereby incorporated by reference and attached as exhibit 1. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. BOCC Mandalay Zoning Map Ordinance Page 3 of4 Initials Section 4. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 17th day of Hay , A.D., 2000. Mayor Shirley Freeman Mayor Pro Tem George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Key Reich Commissioner Nora Williams Y8l!il YP-H yes yes yes ~.:; u: '. BOARD OF COUNTY COMMISSIONERS OF MO}:\ OE.COUNTY r&-ORIDA ByaJ~ ;J~ Mayor/Ch . ""'-'!'" (SEAL) APPROVED AS TO FORM :a;.;~ . . ;\1'TEST:pANNY L. KOLHAGE, CLERK a~ BOCC Mandalay Zoning Map Ordinance Page 4 of 4 Initials , , 'U )~'f , , , , , , , , , , , , , , , , . . N 1 "=400' I :-.......---- " , , " ,', , :,' S'R " , , , S:C" , , , ',,' , " " ,,' , ' , ' 'V' , , , , , , , , , , , , , , , , , , , , , , , ( IlOCIC HAIB:.W ,URM , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ! l .. ,. - -..- ) , , , , , , , , , , , I , , , R M ~:~,' , I "\ " , " ,,~-~- \ I '"';:~-- S R' , '",,,"">,' , " , , , ..., y Key: Ke MM:97 Property Description: Mandalay Subd. Pt. Sq. 3, Lots 6,7 & 8, RE~554710 and Pt. Sq. 3 Lot 9, RE 554720. Applicant Name:Robillard/Control Air Corp. Map # : 139 File Number :M99139 svc1.y��1` ouNry�1,N CUIp• OG 1*uJ:J 6�,t.9 3 gr' avB # . •$,Oe COUNT,Q�'CP •"A�iR y.:4: aannp IL. iotjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 June 6, 2000 Mrs. Liz Cloud, Chief Bureau of Administrative Code&Laws The Elliott Building 401 S Monroe Street - Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 031-2000 creating Section 2-541(e)(4), Monroe County Code, in order to prohibit persons who design County construction projects or furnish specifications for construction projects, goods or services from bidding on such projects, goods or services; amending Section 2-541(h), Monroe County Code, regarding historical and financial information required from those submitting bids; eliminating certain exemptions or publicly traded entities for required bidding information; providing that the County department soliciting bids or the OMB Director must consider the historical, litigation and financial information received from those submitting bids and recommend to the BOCC whether each bidder is responsible; providing that bidders submitting false historical or financial information or omitting relevant information will have their bids automatically rejected or contracts terminated; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 033-2000 approving the request by Robert Robillard and Sam Stoia to change the Official Land Use District Map (zoning) from urban residential mobile home (URM) to urban residential (UR) for properties described as Mandalay Subdivision, Key Largo, located in section 6, township 62 south, range 39 east, the northeasterly 325 feet of square 3 which runs 250 feet between First and Second Street, Monroe County, Florida, at approximately mile marker 97: These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 17, 2000. Please file for record. Ordinance No. 034-2000 adopting amendments to Section 9.5-120.4(b) of the Monroe County Code relating to the THE (transfer of ROGO exemptions) Program for off-site redevelopment. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 18, 2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock ty Cler � Cc: Board of County Commissioners Municipal Code 031-2000 County Administrator w/o documents County Attorney Growth Management OMB 031-2000 File Z 408 337 353 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to ! , Special Delivery Fee I also wish to receive the follow- ing services (for an extra fee): ~ SENDE :.. ii 0 Complete items 1 and/or 2 for additional services. :: Complete items 3, 4a, and 4b. 1Ii. 0 Print your name and address on the reverse of this form so that we can return this :> card to you. 1. D Addressee's Address ... 0 Attach this form to the front of the mailpiece. or on the back if space does not CD permit. . 2. D Restricted Delivery -5 0 Write 'Return Receipt Requested' on the mailpiece below the article number. c 0 The Return Receipt will show to whom the article was delivared and the date o delivered. 11 3. Article 1l8~ ~ au. lef 4a. Article IBureau of Administrative Code and Law: g E The Elliott Building 4b. Service Type 8 401 South Monroe Street . El Registered Tallahassee FL 32399-0250 D Express Mail , D Return Receipt for Merchandise Ii u ~ CD l/) a '8 CD a: c ... il a: I:Jl c iii =' o - =' o >- .lIl: C as ~ 4{"3 ~ertified D Insured DeOD ~ 011 018 i. 04Y. 7.Date~ll~rn8 2000 Joe .. 8. Addressee's Address (Only if requested and fee is paid) Return Receipt ~. DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of COIporations Division of CulturaI Affairs Division of Elections Division of Historical Resources Division of LIbrary and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Pahn Beach COlDlty Preservation Board Historic Pensacola Preservation Board Historic St Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampaIHillsborough ColDlty Preservation Board RINGLING MUSEUM OF ART FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DMSION OF ELECTIONS June 9, 2000 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 6, 2000 and certified copies of Monroe County Ordinance Nos. 031-2000, 033-2000 and 034-2000, which were filed in this office on June 8, 2000. LC/mp Sincerely, ~ ~! Liz CIO~hief Bureau of Administrative Code :r o 0 :z: .:bo ;:oC"):z:: Or-2: tTJ:x;;-< ('"') . 0('"'): C::::O~ 2:. 0 -f("')r- ~. .:r.: 'T,' ;;::.. ,... C' .tIP fT1 Q Q '- ~ - PO ;: $' GO., f'IO. ." - r- 1'"'1 o .." o ;;0 :0 I"T1 C') o ::C' o BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us DCA Final Order No. DCA00-OR-229 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 033-2000 FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final.Order, pursuant to §§ 380.05(6)and(11),Fla. Stat.,and§ 380.0552(9),Fla. Stat. (1999),which require the Department to enter a final order approving or rejecting land development regulations adopted by Monroe County. This Final Order approves Monroe County Ordinance No. 033-2000 as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a unit of government within the Florida Keys Area. 2. On June 15,2000,the Department received for review Monroe County Ordinance No. 033-2000 which was adopted by the Monroe County Board of County Commissioners on May 17, 2000 ( "Ord. 033-2000"). Ord. 033-2000 approved a request to amend the County's zoning map from Urban Residential Mobile Home (URM) to Urban Residential (UR) for certain properties described as Mandalay Subdivision,Key Largo,located in Section 6,Township 62 South,Range 39 East, the Northeasterly 325 Feet of Square 3 which runs 250 Feet between First and Second Street, Monroe County, Florida, at approximately Mile Marker 97. 3. Section 1 of Ord. 033-2000 adopts certain findings of fact and conclusions of law as DCA Final Order No. DCA00-OR-229 set forth in the body of the ordinance. Section 2 of Ord. 033-2000 changes the zoning designation of the afore-described properties from Urban Residential Mobile Home(URM)to Urban Residential (UR). Section 3 of Ord. 033-2000 contains a severability provision. 4. Ord.033-2000 is consistent with and furthers Policies 101.14.2, 102.3.2,217.3.2 and Goal 601 of the County's 2010 Comprehensive Plan. CONCLUSIONS OF LAW 1. The Department is required to approve or reject any and all land development regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys Area of Critical State Concern within 60 days of receipt by the Department. §§ 380.05(6)and(11), Fla. Stat., and § 380.0552(9), Fla. Stat. (1999). 2. Monroe County is a unit of government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla. Admin. Code) and Chapter 28-30, Fla. Admin. Code. 3. "Land development regulations"include local zoning,subdivision,building and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (1999). The regulations adopted by Ord. 033-2000 are land development regulations, as defined by statute. 4. All land development regulations enacted,amended or rescinded by Monroe County must be consistent with the Principles for Guiding Development(the"Principles"). § 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). In reviewing the land development regulations for 2 DCA Final Order No. DCA00-OR-229 consistency,the Principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. § 380.0552(7), Fla. Stat. (1999). 5. The Department has reviewed all provisions of Ord. 033-2000 for consistency with the Principles and has determined that Ord. 033-2000 is consistent with the Principles as a whole. Ord.033-2000 changes the land use designation of certain properties located within the Coastal High Hazard Area from a designation that allows mobile homes to a land use designation that prohibits mobile homes, and in furtherance of paragraphs (a), (k) and (1) of the Principles. §§ 380.0552(7) (a), (k), and (1), Fla. Stat. (1999). WHEREFORE, IT IS ORDERED that Ord. 033-2000 is found to be consistent with the Principles found at § 380.0552(7), Fla. Stat. (1999), as a whole, and is hereby APPROVED. This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. Brj -i()/e J O AS BECK, DIRECTOR Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT 3 DCA Final Order No. DCA00-OR-229 IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL ' BE AN. INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING,YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION,THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED,TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE.IF A FORMAL HEARING IS REQUESTED,THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2),FLORIDA 4 DCA Final Order No. DCA00-OR-229 ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERIC WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true aid correct copies have been furnished to the persons listed below by the method indicated this/`/ day of July, 2000. L-ir) Paula Ford Agency Clerk By U.S. Mail: Honorable Shirley Freeman Mayor of Monroe County 500 Whitehead Street Key West, Florida 33040 Danny L. Kolhage Clerk to the.Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Timothy J. McGarry, AICP Director, Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee 5