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Ordinance 017-2018

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Ordinance 017-2018 Kevin Madok, CPA Clerk of the Circuit Court & Comptroller - Monroe County, Florida September 4, 2018 Department of State Administrative Code & Register 500 S Bronaugh Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 017-2018 amending the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Egret Lane, Geiger Key, approximately mile marker 11, legally described Lots 4-7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat Book 5 at Page 49 of the public records of Monroe County, Florida, having parcel ID 00142020-000000, as proposed by Smith Hawks, PL on behalf of Debra S. Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino; 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on August 15, 2018. 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 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305-294-4641 305-289-6027 305-852- 7145 305-852- 7145 1 2 3 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO.Qll_-2018 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE 14 DISTRICT (ZONING) MAP FROM SPARSELY SETTLED (SS) TO 15 SUBURBAN RESIDENTIAL (SR), FOR PROPERTY LOCATED AT 10 16 EGRET LANE, GEIGER KEY, APPROXIMATELY MILE MARKER 11, 17 LEGALLY DESCRIBED LOTS 4-7, BLOCK 6, BOCA CHICA OCEAN 18 SHORES, GEIGER KEY, RECORDED IN PLAT BOOK 5 AT PAGE 49 19 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, 20 HAVING PARCEL ID 00142020-000000, AS PROPOSED BY SMITH 21 HAWKS, PL ON BEHALF OF DEBRA S. TOPPINO, AS TRUSTEE OF 22 THE DEBRA S. TOPPINO LIVING TRUST AND RICHARD TOPPINO; 23 . PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 24 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 25 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 26 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE 27 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. 28 (FILE #2018-091) 29 30 31 WHEREAS, on May 2, 2018, the Planning and Environmental Resources Department 32 received an application from Barton W. Smith of Smith Hawks PL on behalf of Debra S. 33 Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino "the Applicants," 34 to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential 35 (SR) for property located at 10 Egret Lane on Geiger Key with Parcel ID 00142020-000000; and 36 37 WHEREAS, the property has a Residential Low (RL) Future Land Use Map designation; 38 and 39 40 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development 41 regulations to be consistent with and implement the Comprehensive Plan; and 42 43 WHEREAS, the Applicant held a Community Meeting regarding the proposed 44 amendment, as required by MCC §102-159(a), on June 6, 2018; and 45 Ord. 017-2018 Page 1of4 File 2018-091 1 WHEREAS, the Monroe County Development Review Committee (DRC) considered 2 the proposed amendments at a regularly scheduled meeting held on the 26th day of June, 2018; 3 and 4 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee 5 (DRC) reviewed the proposed map amendment; and 6 7 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County 8 Planning Commission held a public hearing for the purpose of considering the proposed 9 amendment to the Land Use District (Zoning) Map and provided for public comment; and 10 11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P22- l 8 12 recommending approval of the proposed Zoning map amendment; and 13 14 WHEREAS, at a regularly scheduled meeting held on the 15th day of August, 2018, the 15 Monroe County Board of County Commissioners held a public hearing, considered the staff 16 report, and provided for public comment and public participation in accordance with the 17 requirements of state law and the procedures adopted for public participation in the planning 18 process; and 19 20 WHEREAS, based upon the documentation submitted and information provided in the 21 accompanying staff report, the BOCC makes the following Findings of Fact: 22 23 1. Prior to the 1986 adoption of the County's current land development regulations and 24 their associated land use district maps, the subject parcel was within the RU-1 (single- 25 family residential) zoning district; and 26 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted 27 for all areas of the unincorporated county, and the subject parcel was given its current 28 zoning designation of Sparsely Settled (SS); and 29 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended 30 to relieve particular hardships, nor to confer special privileges or rights on any person, 31 nor to permit an adverse change in community character, analyzed in the Monroe 32 County Comprehensive Plan, but only to make necessary adjustments in light of 33 chang~d conditions or incorrect assumptions or determinations as determined by the 34 findings of the BOCC; and 35 4. MCC §102-158(d)(7)b. provides that one or more of the following criteria must be 36 met for a map amendment: 37 a. Changed projections (e.g., regarding public service needs) from those on which 38 the text or boundary was based; 39 b. Changed assumptions (e.g., regarding demographic trends); 40 c. Data errors, including errors in mapping, vegetative types and natural features 41 described in volume I of the plan [the Comprehensive Plan]; 42 d. New issues; 43 e. Recognition of a need for additional detail or comprehensiveness; or 44 f. Data updates; and 45 Ord.OJl.-2018 Page 2 of4 File 2018-091 1 5. Map amendments to the Monroe County Land Use District Map shall not be 2 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 3 Critical State Concern; and 4 5 WHEREAS, based upon the documentation submitted and information provided in the 6 accompanying staff report, the BOCC makes the following Conclusions of Law: 7 8 1. The proposed map amendment is consistent with the provisions of the Monroe 9 County Code: 10 11 a. As required by MCC §102-158, the map amendment does not relieve particular 12 hardships, nor confer special privileges or rights on any person, nor permit an 13 adverse change in community character, as analyzed in the Monroe County Year 14 2030 Comprehensive Plan; 15 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to data 16 errors and new issues; and 17 18 2. The proposed map amendment is consistent with the provisions and intent of the 19 Monroe County Year 2030 Comprehensive Plan: 20 21 a. The Suburban Residential (SR) Land Use (Zoning) District corresponds with the 22 Residential Low (RL) .Future Land Use Map designation and is consistent with 23 the respective density and intensity standards as set forth in Policy 101.5.25; 24 b. The Suburban Residential (SR) Land Use (Zoning) District is consistent with the 25 purpose of the Residential Low (RL) Future Land Use Map designation, as set 26 forth in Policy 101.5.6; 27 c. The proposed amendment is not inconsistent with the Lower Keys Livable 28 CommuniKeys Plan; and 29 30 3. The proposed map amendment is not inconsistent with the Principles for Guiding 31 Development in the Florida Keys Area of Critical State Concern; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 35 36 Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as 37 follows: 38 39 The property located at 10 Egret Lane, approximately Mile Marker 11, described 40 as Lots 4-7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat 41 Book 5 at Page 49 of the public records of Monroe County, Florida, having Parcel 42 ID 00142020-000000 shall be designated as Suburban Residential (SR) as shown 43 on Exhibit 1, attached hereto and incorporated herein. 44 45 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 46 provision of this ordinance is held invalid, the remainder of this ordinance shall 47 not be affected by such validity. Ord.Qll_-2018 Page 3 of 4 File 2018-091 .
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