Ordinance 009-2001
ORDINANCE #009-2001
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
TO AMEND THE FUTURE LAND USE MAP FROM MIXED
USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM)
WHEREAS, the Planning Department and the Development Review Committee reviewed the
application 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, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the
following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-
000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-
000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-
000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220-
0000000, 00492190-000000, 00492180-000000 and 00492140-000000 and recommended approval
of this application; and
WHEREAS, the Planning Commission held a public hearing on February 23, 2000, and
recommended approval of the application; and
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on May 17, 2000, conducted a review and consideration of this application and
directed the Planning Department to transmit a draft of the Future Land Use Map amendment to the
Florida Department of Community Affairs for review and advise; and
WHEREAS, the Florida Department of Community Affairs responded on November 15,
2000 approving the draft amendment as submitted; and
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application from Monroe County to change the Future Land Use Map from
Mixed Use Commercial (MC) to Residential Medium (RM); and
2. The staff report dated April 27, 2000; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
BOCC ordinance to Amend FLUM
File M#99142
Page 1 of 5
Initials
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 Monroe County to address a data error. Since
mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning,
it is questionable why a change was made to allow these uses in this district. What did exist
pre-1986 was a mixture of three different commercial and high density residential zoning
districts, with a large recreational vehicle park to the north, and a low density subdivision to the
south. The 1984 aerial photographs show that all of the commercial and high density residential
parcels remained vacant. During the 1986 Plan process, the zoning was simplified by
consolidating these parcels under a zoning district that did not reflect the actual land uses on the
properties. The Recreational Vehicle (RV) zoning district was chosen even though there is clear
distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of
trailers, and the low density single family residences of the subject properties.
4. 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.
5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial (MC) was applied to the subject properties.
In January 1999, an administrative boundary interpretation was approved to change Lot 7,
Block 3 of Seaside Subdivision from the Urban Residential - Mobile (UR-M) zoning district,
and include it in the Improved Subdivision (IS) zoning district. The finding was that, "... the
land use district boundaries which indicate that the property is URM were placed in error with
the adoption of the September 15, 1986 Land Development Regulations, and therefore, the
subsequent maps were also in error and did not follow the previously demarcated Improved
Subdivision (IS) boundary". This lot is immediately adjacent to the subject properties.
6. 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
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.
7. Though FLUMed Mixed Use Commercial (MC), Seaside Subdivision Addition No.1 and is
Seaside Subdivision are primarily residential neighborhoods. Each of the developed
BOCC ordinance to Amend FLUM
File M#99l42
Page 2 of 5
Initials
properties in the subject neighborhood accommodates a single family residence. The Improved
Subdivision (IS) district that encompasses Seaside Subdivision is very similar in appearance and
use to that found in Seaside Addition No.1. Amalgamating these two homogenous zoning
districts into one IS district will ensure that the harmony that exists in the neighborhood is
preserved.
8. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
9. Section 9.5-511 prohibits any amendments to the text which would negatively impact community
character.
10. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or
49 hotel rooms could be constructed under the current Future Land Use Mapping category and
zoning district, given that environmental regulations permit maximum densities. As there are 21
properties included in this rezoning, the change would allow a maximum of 21 units, thus
reducing the densities to 42% of that allowable under the current zoning.
11. 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.
12. 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.
13. 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.
14. 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 2nd 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
impact or alter the character of the subject properties or of the surrounding neighborhoods.
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.
BOCC ordinance to Amend FLUM
File M#99l42
Page 3 of 5
Initials
4. The map amendment supports Goal 102 as it will rezone parcels of land on which
legal directives have severely restricted allowable uses, and provide opportunities
for property owners to enter the Building Permit Allocation System (ROGO) to
construct a single family residence.
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 finding
the amendment in compliance with Chapters 163 and 380 of the Florida Statutes.
[THIS PAGE LEFT INTENTIONALLY BLANK]
BOCC ordinance to Amend FLUM
File M#99142
Page 4 of 5
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 Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
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B/~~F COUNTY COMMISSIONERS
~MONRO~O~~Dg
(MA~CfWRMAN) ~
Y L. KOLHAGE
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Signed this 2~ day of J~
BY: a-.~
~UTYkLERK
, 2001.
BOCC Ordinance to Amend FLUM
File M#99142
Page 5 of5
Initials
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Pro 08al: '!:hose 'parts of Blocks 1 & 2 Seaside Addition No.1, and
Block 3 Seaside Subdivision as referenced by file M99143 from'Me to I
Property Description: Those art
and Block 3 Seaside Subdivision as ref
1-.2000' I . Applicant Name:
Map #: 2
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File Number : M99142.
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BRANCH OFFICE
3117 OVERSEAS I-UGHWA Y
MARATHON, FLORIDA 33OSO
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
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 I-nGHWAY
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 I & 2 of
Seaside Subdivision Addition I and Block 3 of Seaside Subdivisien, 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 I & 2 of Seaside Subdivision Addition I 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 wlo documents
Growth Management
County Attorney
File/
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage provided)
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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
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERV A nON BOARDS
Historic Florida 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
FWRIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
RING LING MUSEUM OF ART
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
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, aK
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Liz Cloud, Chief
Bureau Of Administrative Code
LC/mp
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