Ordinance 007-2001
ORDINANCE NO. 007 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
CLINTON MILLER TO AMEND THE FUTURE LAND USE
MAP FROM MIXED USE COMMERCIAL (MC) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTIES
DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY
BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO,
LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT
APPROXIMATELY MILE MARKER 94.5.
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WHEREAS, the Development Review Committee, The Monroe County Planning
Commission and staff support and recommend approval of this Future Land Use Map (FLUM)
amendment from MC to RM as indicated in resolutions D-O 1-00 and P-17-00; and
WHEREAS, the Planning Commission held a public hearing on February 23, 2000 and
recommends the approval of the requested FLUM amendment; and
WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting
held on May 17, 2000, directed the Planning Department to transmit a draft of the FLUM
amendment to the Florida Department of Community Affairs for comment and advise: and
WHEREAS, the Florida Department of Community Mfairs responded on November 15,
2000 approving the draft amendment as submitted; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
3. This map amendment has been initiated by the property owner in recognition of a need for
additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the
following reasons for requesting a rezoning of the subject properties:
1. These properties in the past have been granted a building permit for a single-family
residence.
BOCC Ordinance to Amend FLUM
File M#99143
Initials
Page I of5
11. The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse
111. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and
has a single family home on it. Lot 7 to the northeast of the subject properties has had a
map amendment change and is now also zoned IS.
IV. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicates that the first three
additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any record
of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of
the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision
(IS). However, The subject properties ARE located in a residential neighborhood with only
one commercial enterprise, Snapper's restaurant, located down the street.
5. The subject properties currently have the Future Land Use category Mixed Use Commercial
(MC) which provides for the establishment of commercial zoning districts where various types
of commercial retail and office uses may be permitted.
6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial (MC) was applied to the subject properties, following the
existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the
subject properties front), serves as the zoning district boundary between Suburban Commercial
(SC) zoning to the south and Improved Subdivision (IS) zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject
properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings
between 1986 and 1988 to identify errors brought forward by property owners. As a result of
these hearings, one boundary change was approved by the Board of County Commissioners in
June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby
the boundaries were amended to remove the property from the Surburban Commercial (SC)
zoning district and include it in the Improved Subdivision (IS) zoning district.
A second interpretation was made in December 1988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a
small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to
recognize those portions of subdivisions that were lawfully established and improved prior to
BOCC Ordinance to Amend FLUM
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Initials
the adoption of this plan and to define improved subdivisions as those lots served by a dedicated
and accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption.
8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is
located three properties to the northwest of the subject properties, with a buffer of two vacant
lots between the restaurant and the residence on the property adjacent to the subject properties.
Several vacant lots across the road from the restaurant provide parking for Snappers patrons.
The remainder of the street is residential.
9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the Future
Land Use Map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated.
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
BOCC Ordinance to Amend FLUM
File M#99143
Page 3 of 5
Initials
impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it
provides a mechanism for the subject properties to come into conformance.
3. The proposed map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity
Assessment Report and the listed programs on stormwater and wastewater. There are
no significant concerns regarding impacts on public facilities.
4. The proposed map amendment supports and is consistent with Goal 102 of the
Monroe County Year 2010 Comprehensive Plan as it will not have any significant
impacts on the natural environment, will facilitate infill in an already developed
neighborhood, will enable redevelopment of existing apartment buildings that were
constructed in the 1970's and will enable more expeditious reconstruction in the event
of destruction of the buildings, by facilitating easier access to building permits.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions
of law stated above.
Section 2. The previously described property, which is currently Mixed
Use/Commercial shall be designated as Residential Medium (RM) as shown on
the attached map, which is hereby incorporated by reference and attached as
Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above.
Section 4. 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.
Section 5. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapters 163 and 380, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State
of the State of Florida, but shall not become effective until notice is issued by the
Florida Department of Community Affairs or Administration Commission
approving the amendment pursuant to Chapter 380, Florida Statutes.
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File M#99 143
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Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 22nd day of February, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
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LOF COUNTY COMMISSIONERS
OFMONROEco~omDA
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BY:
ANNY L. KOLHAGE
IS " '~2d day of J~
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, 2001.
BOCC Ordinance to Amend FLUM
File M#99143
Page 5 of5
Initials
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Property Description: Lots 5 and 6 and Adjacent Bay Bottom. Block 5.
Re-Sub Seaside
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Applicant Name:
Map #: 2
Clinton E. Miller
File Number : M99143
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BRANCH OFFICE
3117 OVERSEAS lllGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
March 7, 2001
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BRANCH OFFICE
88820 OVERSEAS lllGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
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Via Certified Mail 7099 3400000591187241
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 006-2001 approving the request filed by the Planning Department to
amend the Affordable Housing Criteria in Monroe County Land Development Regulations
Sections 122.3.(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of Sections
9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.; renumbering of and
amendment to Sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and creation of new sections 9.5-266
(a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand the eligibility for qualifying for Affordable
Housing ROGO Allocations to include very-low to median income households who do not meet
the requirement of at least seventy percent (70%) of their annual household earnings from
employment in Monroe County.
Ordinance No. 007-2001 approving a request by Clinton Miller to amend the Future
Land Use Map from mixed use commercial (MC) to residential medium (RM) for properties
described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located
in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
Ordinance No. 008-2001 approving the request by Clinton Miller to amend the Land Use
District (Zoning) Map from suburban commercial (SC) to improved subdivision (IS) for
properties described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key
Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
March 7, 2001
Page 2
Ordinance No. 006-2001 through
Ordinance No. 011-2001
Ordinance No. 009-2001 approving the request to amend the Future Land Use Map from
mixed use commercial (MC) to residential medium (RM) for 21 properties in Blocks 1 & 2 of
Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision, Key Largo, located in
Section 14, Township 62 South, Range 38 East, at miler marker 95.
Ordinance No. 010-2001 approving the request by Monroe County to amend the Land
Use District (Zoning) Map from recreational vehicle district (RV) to improved subdivision district
(IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside
Subdivision, Key Largo, located in Section 14, Township 62 South, Range 38 East, at mile
marker 95.
Ordinance No. 011-2001 adopting an amendment to the Monroe County Year 2010
Comprehensive Plan adding Objective 101.20 and Policy 101.20.1 consisting of a Livable
Communikeys Element including principles for the development of local communities plans.
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These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 22,2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
County Attorney
File ,/
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CERTIFIED MAIL RECEIPT
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Di vision of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Aorida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARrMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
March 19,2001
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
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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 March 7, 2001 and certified copies of Monroe County
Ordinance Nos. 006-2001 through 011-2001, which were filed in this office on
March 16,2001.
Sincerely, A.K
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.f1.us . E-Mail: election@maiLdos.state.jl.us