Ordinance 033-2010i
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 033 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
REQUEST BY THE MONROE COUNTY PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT TO
AMEND THE LAND USE DISTRICT MAP DESIGNATION
FROM SUBURBAN COMMERCIAL (SC) TO PARK AND
REFUGE (PR) FOR PROPERTY LEGALLY DESCRIBED
AS WHISPERING PINES PLAT NO. 3, PB4 -59, BIG PINE
KEY TRACT A, BIG PINE KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER
00286360.000000.
WHEREAS, during a regularly scheduled public meeting held on October 20, 2010, the
Monroe County Board of County Commissioners conducted a review and consideration
of a request filed by the Monroe County Planning & Environmental Resources
Department to amend the subject property's Land Use District designation from
Suburban Commercial (SC) to Park and Refuge (PR) in accordance with Section 102 -158
of the Monroe County Code; and
WHEREAS, the subject property, commonly known as Big Pine Key Park, is located at
31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is legally
described as Whispering Pines Plat #3, PB4 -59, Big Pine Key Tract A, Monroe County,
Florida, having real estate number 00286360.000000; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. Prior to the 1986 adoption of the county's current land development regulations and
their associated land use district maps, the subject property was within a RU -3 district
(Multiple - Family Residential).
2. In 1986, as part of a county -wide rezoning, the land use district designation of the
subject property was amended to Suburban Commercial (SC).
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4. In 2002, the Monroe County Comprehensive Plan Land Authority purchased the
property and conveyed it to the BOCC for development as a park.
5. In 2007, the Monroe County Facilities Development Department applied for a minor
conditional use permit in order to develop a community park on the property. The
conditional use permit application was approved by the Director of Planning &
Environmental Resources with conditions. The approval was recorded in
Development Review Committee Development Order #03 -07.
6. The Planning & Environmental Resources Department opened a file to amend both
the FLUM designation (from Mixed Use / Commercial (MC) to Recreation (R)) and
land use district designation (from Suburban Commercial (SC) to Park and Refuge
(PR)) of the subject property on August 15, 2007.
7. The FLUM /land use district application was reviewed by Development Review
Committee at a meeting on August 21, 2007. Staff recommended approval to the
BOCC, as memorialized in Development Review Committee Resolution #D21 -07.
8. The FLUM /land use district application was heard by the Planning Commission at a
public hearing on November 7, 2007. The Planning Commission voted unanimously
to recommend approval to the BOCC, as memorialized in Planning Commission
Resolution #P57 -07.
9. The land use district amendment from Suburban Commercial (SC) to Park and
Refuge (PR) was processed concurrently with the FLUM amendment from Mixed
Use / Commercial (MC) to Recreation (R) at the Development Review Committee
and Planning Commission levels. However, at the time, it was policy that FLUM
amendments were required to be reviewed and approved by the BOCC and State of
Florida Department of Community Affairs prior to a corresponding land use district
amendment. The FLUM application was heard by the BOCC at a public hearing on
October 15, 2008. The BOCC voted unanimously to amend the FLUM designation
from Mixed Use / Commercial (MC) to Recreation (R), as memorialized in
Ordinance #022 -2008.
10. Section 102 -158 of the Monroe County Code maintains that map amendments are not
intended to relieve particular hardships, nor to confer special privileges or rights on
any person, nor to permit a change in community character, as analyzed in Monroe
County Year 2010 Comprehensive Plan, but only to make necessary adjustments in
light of changed conditions.
11. Pursuant to Section 102- 158(d)(5)b. of the Monroe County Code, the Board of
County Commissioners may consider the adoption of an ordinance enacting the
proposed change based on one or more of the following factors: (i) Changed
projections (e.g., regarding public service needs) from those on which the text or
boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends);
(iii) Data errors, including errors in mapping, vegetative types and natural features
described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for
additional detail or comprehensiveness; or (vi) Data updates.
12. Map amendments shall be consistent with the policies of the Monroe County
Comprehensive Plan.
13. Map amendments shall be consistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern; and
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WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. The existing use of the property is consistent with the purpose of the Park and
Refuge (PR) district, as set forth in Section 130 -41 of the Monroe County Code;
b. The existing use of the property is a permitted use in the Park and Refuge (PR)
district, as set forth in Section 130 -91 of the Monroe County Code;
c. As required by Section 102 -158 of the Monroe County Code, the proposed map
amendment shall not relieve particular hardships, nor confer special privileges or
rights on any person, nor permit a change in community character, as analyzed in
the Monroe County Year 2010 Comprehensive Plan; and
d. The proposed map amendment meets one of the factors set forth in Section 102 -
158(d)(5)b. of the Monroe County Code: (iv) New issues.
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The existing use of the property is consistent with the purpose of the Recreation
(R) FLUM designation, as set forth in Policy 101.4.9 of the Monroe County Year
2010 Comprehensive Plan; and
b. The Park and Refuge (PR) district designation corresponds to the FLUM
designation of Recreation (R), as set forth in Policy 101.4.21 of the Monroe
County Year 2010 Comprehensive Plan.
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, the application was heard at a Development Review Committee meeting on
August 21, 2007. Planning & Environmental Resources Department Staff found that all
required standards shall be met and recommended approval of the application, as
memorialized in Development Review Committee Resolution #D21 -07; and
WHEREAS, the application was heard by the Planning Commission at a public hearing
on November 7, 2007. The Planning Commission voted unanimously to recommend
approval of the application as memorialized in Planning Commission Resolution #P57 -07;
and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently designated as Suburban
Commercial (SC) shall be designated Park and Refuge (PR) as shown on the attached
map, which is hereby incorporated by reference and attached as Exhibit 1.
Page 3 of 5
Section 3. The Official Land Use District Map of Monroe County shall be amended as
delineated in Section 2 above.
Section 4. If any section, paragraph, subdivision, clause, sentence or provision of this
ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance,
but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
sentence, or provision immediately involved in the controversy in which such judgment
or decree shall be rendered.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 7. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs as required by
F.S. 380.05 (11) and F.S. 380.0552(9).
Section 8. This ordinance shall be filed in the Office of the Secretary 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.
Section 9. This ordinance shall become effective as provided by law and stated above.
(This area is intentionally left blank)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 20th day of October , 2010.
as
Mayor Sylvia Murphy
Mayor pro tem Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
Yes
Not Present
Yes
Yes
COUNTY BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK
Al
By �
Clerk IVY or S is Murphy
MON 8 COUNTY ATTORNEY
A P OVED AS TO FOR
Date:
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change for RE 00286360 - 000000 (10.2 Acres) from Suburban Commercial (SC) to N
Parks and Refuge (PR)
Date of Adoption: 10/20/
Map Created on: September 24, 2010
Planning Horizon: 2010
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
November 16, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Via Certified Mail 70101670 0001 0244 7549
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 031 -2010 by the Monroe County Board of County Commissioners
amending Chapter 8 of Monroe County Code regarding the Department of Code Enforcement;
Changing the department name to Code Compliance; Retaining all powers of Code Enforcement
in the Department of Code Compliance; Providing for severability; Providing for repeal of
conflicting provisions; Providing for codification; providing for an effective date.
Ordinance No. 032 -2010 by the Monroe County Board of County Commissioners
approving the request by the Monroe County Planning & Environmental Resources Department
to amend the Land Use District Map Designation from Native Area (NA) to Park and Refuge
(PR) for property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key,
Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000.
Ordinance No. 033 -2010 by the Board of County Commissioners approving the request
by the Monroe County Planning and Environmental Resources Department to amend the Land
Use District map designation from Suburban Commercial (SC) to Park and Refuge (PR) for
property legally described as Whispering Pines Plat No.3, PB4 -59, Big Pine Key Tract A, Big
Pine Key, Monroe County, Florida, having real Estate Number 00286360.000000.
Ordinance No. 034 -2010 by the Monroe County Board of County Commissioners
approving the request by Clarence L. Newman and Thomas G. Newman, as Trustees under the
Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the
benefit of Clarance L. Newman; Clarence L. Newman and Thomas G. Newman, as Trustees
under the Vivian C. Newman Restated Revocable Trust Agreement dated August 24, 1993, for
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
the benefit of Vivian C. Newman; and Thomas G. Newman and Deborah L. Newman,
Trustees, or their successors in trust, under the Thomas G. Newman Living Trust, dated
November 29, 2005, and any Amendments thereto, for the benefit of Thomas G. Newman
to amend the Land Use District Map district map designation from Urban Residential
Mobile Home - Limited (URM -L) to Urban Residential Mobile Home (URM) for property
legally described as Block 34, Lots 1 -10 and 16 -20, MacDonald's Plat, (PB1 -55), Stock
Island, Monroe County, Florida, having real estate number 00124560.000000.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on October 20, 2010.
Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e-mail
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