Ordinance 044-2001
ORDINANCE NO. 044 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY HUGH J. MORGAN TO AMEND THE FUTURE LAND
USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO
RESIDENTIAL HIGH (RH) FOR PROPERTIES DESCRIBED
AS LOTS 11 & 12, CORAL SHORES MOBILE HOME
ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN
SECTION 20, TOWNSHIP 66S, RANGE 29E, MONROE
COUNTY, FLORIDA, AT APPROXIMATEL Y MILE
MARKER 98.5
WHEREAS, the Monroe County Board of County Commissioners, during a reguIar
meeting held on December 13, 2000, conducted a review and consideration of the request filed by
the applicant to amend the Future Land Use Map from Residential Conservation (RC) to Residential
High (RH) for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section
2, Section 20, Township 66S, Range 29E, Monroe County, Florida, having the real estate
identification numbers 00214482.012200 and 00214482.012300; and
WHEREAS, the Development Review Committee, Planning Commission, and staff report
all recommend approval of this future land use map amendment from RC to RH as indicated in
Resolutions D12-00 and P70-00; and
WHEREAS, the Planning Commission held a public hearing on November 16, 2000 and
recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Finding of Fact:
1. 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.
2. This map amendment recognizes data errors concerning the vegetative types found onsite. The
application was initiated by the applicant to rezone the subject properties to a land use district
that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent
to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the
character is composed solely of mobile homes.
3. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Native Area (NA).
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5. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native
Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing
solid waste facilities, and because of their sensitive environmental character should be preserved
in their natural state.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the
land use (zoning) district boundaries, categorizing the FLUM for the subject properties
Residential Conservation (RC).
7. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
Residential Conservation (RC) Future Land Use category is to encourage preservation of open
space and natural resources while providing for very low-density residential development in
areas characterized by a predominance of undisturbed native vegetation.
8. Section 9.5-511 prohibits any map amendments which would negatively impact community
character.
9. The subject properties are bordered by Urban Residential - Mobile Home (URM) zoning
designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of
Lot 11.
10, The Residential High (RH) Future Land Use category corresponds with the land use zoning
category, Urban ResidentiaI - Mobile Home (URM) and therefore the Residential High (RH)
Future Land Use category is the most appropriate land use category for the subject properties.
11. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are availabIe to serve the development at the adopted leveI of
service standards concurrent with the impacts of such development.
12. The 2000 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 Monroe County Year 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 and scarified, therefore no negative impacts on the natural
resources of the subject properties are anticipated.
15. The proposed map amendment supports Goal 102 although marginally changing the
development potential of the subject properties since it will increase the allocated density, but
decrease the maximum intensity; and
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WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. The proposed map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) 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 Coral Shores
Mobile Home Estates Nos. 1 and 2 Subdivision 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 101.1 of the Monroe County Year 2010 Plan
based on the findings of the 2000 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, and will facilitate infill in an already developed residential neighborhood; 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 properties, which are currently designated Native (NA)
shall be designated Urban Residential - Mobile Home (URM) 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
repeaIed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for review
and comment pursuant to Chapter 163, Florida Statutes.
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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 a notice is issued by the Department of Community
Affairs or Administration Commission finding the amendment in compliance with Chapter 163,
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of December , A.D., 2000.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
yes
yes
absent
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE C NTY, FLORIDA
BY
Mayor Ch rl s "Sonny" McCoy
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Map File #20003
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The Monroe County Year 2010 Comprehensive Plan Future N
Land Use Map is ~osed to be amended as indicated above
and briefly described as: Chanae Lots 11 and 12, Coral Shores Mobile Home
Estates. Little Tourch Kev. Monroe County. Florida from RC to RH
Pursuant to
Effective Date:
Director of Planning and Environmental Resources
Amendment #: 20002
Date
Sheet #: 6
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
January 17, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400000591184332
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 044-2001 approving the request by Hugh 1. Morgan to amend the Future
Land Use Map from residential conservation (RC) to residential high (RH) for properties
described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key,
located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile
marker 98.5.
Ordinance No. 045-2001 approving the request by Hugh 1. Morgan to amend the Land
Use District (Zoning) Map from native (NA) to urban residential - mobile home (URM) for
properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch
Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at
approximately mile marker 98.5.
Ordinance 046-2001 approving a request by John 1. and 1. Leslie Brier to amend the
Future Land Use Map from residential medium (RM) to residential high (RH) for the properties
described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 27, Sands
Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately
mile marker 31.
Ordinance No. 044-2001 to 054-2001
January 17,2002
Ordinance No. 047-2001 recommending approval of the request by Key West Brewery
to amend the Land Use District (Zoning) Map from sub urban commercial (SC) to industrial (I)
for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67
South, Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 048-2001 recommending approval of the request by Key West Brewery
to amend the Future .Land Use Map from mixed use/commercial (MC) to industrial (I) for
property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South,
Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 049-2001 approving the request by James Dougherty, Jf. to amend the
Future Land Use Map from residential conservation (RC) and residential medium (RM) to
residential medium (RM) for the upland portions of the properties described as Lots 43, 44, 45,
and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61S, Range
39E, at approximately mile marker 98.5.
Ordinance No. 050-2001 approving the request by James Dougherty, Jf. to amend the
Land Use District (Zoning) Map from native area (NA) and improved subdivision (IS) to
improved subdivision (IS) for the upland portions of properties described as Lots 43, 44, 45, and
46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E,
at approximately mile marker 98.5.
Ordinance No. 051-2001 approving the request by Leonard Lovallo to amend the Future
Land Use Map from recreation (R) to residential medium (RM) for property described as part of
Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13,
Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus
of County Highway 905.
Ordinance No. 052-2001 approving the request by Leonard Lovallo to amend the Land
Use District (Zoning) Map from park and refuge (PR) to improved subdivision (IS) for property
described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo,
located within the Ocean Reef Club at the northern terminus of County Highway 905.
Ordinance No. 053-2001 approving a request of the Monroe County Planning
Department to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy
101.3.4 which exempts public facilities from the requirements of the Permit Allocation System.
Ordinance No. 054-2001 to amend the Monroe County Year 2010 Comprehensive Plan
to include a cultural resources element.
Ordinance No. 044-2001 to 054-2001
January 17,2002
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 20, 2001. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissi ners
by:
Cc: County Administrator w/o documents
Growth Management
County Attorney
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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
Di vision 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 Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLlNG MUSEUM OF ART
January 24,2002
HonorabIe Danny L. KoIhage
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 January 17, 2002 and certified copies of Monroe County
Ordinance Nos, 044-2001 through 054-2001, which were fiIed in this office on
January 23, 2002,
Liz CIoud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
SENDER: COMPLETE THIS SECT/ON
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
(Ord. 044 to 054-2001)
2. )
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D. Is delivery address 'different from item: 1? DYes
If YES, enter delivery address below: D No
3. Service Type
XIlIDCertified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchandise
DC.a.o.
4. Restricted Delivery? (Extra Fee)
DYes
102595-00-M-0952