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. !# ,."
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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
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yes
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BOARD OF COUNTY COMMISSIONERS
OF MO}:\ OE.COUNTY r&-ORIDA
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Mayor/Ch .
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(SEAL)
APPROVED AS TO FORM
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;\1'TEST:pANNY L. KOLHAGE, CLERK
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BOCC Mandalay Zoning Map Ordinance
Page 4 of 4
Initials
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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
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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
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Special Delivery Fee
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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
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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
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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