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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). Map File #20003 Page 1 of4 Initials C:\ WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\BOCC\Ordinance FLUM.doc 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 Map File #20003 Page 2 of 4 Initials C:\ WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\BOCC\Ordinance FLUM.doc 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. Map File #20003 Page 3 of4 Initials C:\WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\BOCC\Ordinance FLUM.doc 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 r , .~, '---,-".,."".~.,,< ~ ~~ B Attorney's Office 3: '" '=' ." 0 C1 <=:) Z P ........, r- ~ c-:, ~ L ,.." r--_. ):110 CJ '-'1~_: :z: C). r-' ." 0("), -oJ 0 ~;o:::r.= ::0 . 0 " --{ r- :::0 =<~::c: ::x: rr1 'J> C') ." C') - ;;: rr'l .. 0 N ::0 C CJ Map File #20003 Page 4 of 4 Initials C:\ WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\BOCC\Ordinance FLUM.doc [Ki~ I I "Ie ~ , .~ '4 -~ ~= RCto RH 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 BOCC File .,/ u.s. ~1~5~;;I1 ien~ic;:e CERnFnE < IL RECEIPT (Dome~r;~ 1V!fJi/ Iy. 0 Insurance Coverage Provided) . I' I I ~ ~t. .. =s- ~:-~~iz_~l~~d (Ord. 044-054-2001) (',<~)i 40 .-.." y."'.-'.""...........". "~ c[] r-'f r-'f IT" Pc ~,tage C .>?:iifiH! Fee U1 Cl Cl Cl Return ~E:'ceip: Fee (Endorsemel1t ReCLllred) Restricted Deliv81v Fee (Endorsemel't ReC;Llired) Cl Cl =s- IT! Total Post3~le & Fees $-': IT" IT" Cl ~ Name (Please Dnnt Clean/) (to be completed by mailer) Bureau of Administrative Code -Siri\,~i;t:e8i'iW~;-~~-iid-i~g------------------------------------------- -Cit($fZie,W'F;-G'airre s- 'Str e-e-r u SU1.-re-- TA-j _w. . - _u__w.____ Tallahas :. 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 LC/mp ::r "'-.) c::::. 0 0 .:::;, "'TJ ~ ~. "'-.) - ~o:r.. k r- l"'1 r-. ::?" ,." :>;; -, ;z: 0 c-) . r-' N "'TJ o ('") . C:-;o:ll;; co <::> ~, 0 ;:0 -lor-- ;z:.. ;:0 :'<:-1::: :x "TJ' ,l:o. ,.." r-- C') . ( C"") ,l:o. ,." 0 0 ;:0 0 0 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. ) 7 PS C. signaturb 'j'p). X' EPA.8TMttNT OFc&.TA Tf D Addressee 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