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Ordinance 051-2001ORDINANCE NO. 051 -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 16, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommended approval of this future land use map amendment from R to RM as indicated in Resolutions D08-01 and P25-01; and WHEREAS, the Planning Commission held a public hearing on April 25, 2001 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings 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 new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code.. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-1, Single -Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). File #MO1153 Page 1 of 4 Initials CATEMMocc FLUM Ordinance.doc 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Low (RL) Future Land Use category is to provide for low -density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 7. On June 23, 2000, a Future Land Use Map change became effective for the subject property. The future land use category was changed to Recreation (R). 8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity -based and resource -based recreational facilities. 9. On November 10, 2000, a Land Use District Map change became effective for the subject property. The land use district was changed to Park and Refuge (PR). This change corresponded to the future land use category of Recreation (R). 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently configured, does not have sufficient area available to construct a single-family house and meet the County wetland setback and open space requirements. 12. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 13. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 14. The Residential Medium (RM) Future Land Use category corresponds with the Improved Subdivision (IS) land use category and therefore is the most appropriate land use category for the subject property. 15. Objective 101.1 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. File WO1153 Page 2 of 4 Initials C:\WINNTNProfiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance.doc 16. 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. 17. 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. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. 19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive 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. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel; 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 Recreation (R) shall be designated Residential Medium (RM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. File #MO1153 Page 3 of 4 Initials C:\WINN'nProfiles\thomson julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance.doc 0 it 0 C..) Uj 0 0 J 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 state land planning agency for review and comment pursuant to Chapter 163, 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 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., 2001. N C111 4., a C.7 _.J Ci :) V }� zm __jUC) a- File #MO1153 Mayor Charles "Sonny" McCoy Yes Mayor Pro Tern Dixie Spehar Yes Commissioner Murray Nelson Absent Commissioner George Neugent Yes Commissioner Nora Williams Yes BOARD OF COUNTY COMMISSIONERS OF MONROE C NTY, FLORIDA BY Mayor Ch6rs "Sonny" McCoy DANNY KOLHAGE, CLERK DEPUTY CLERK Page 4 of 4 PROVED A4,T9 FORM A LEGAL U !C!E BY Attorneys Office Initials C:\WINNWrofiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance.doc Exhibit 1 The Monroe County Year 2010 Comprehensive Plan Future Land Use Map is proposed to be amended as indicated above and briefly described as: Change a poton of Tract "A" of Harbor Course, Sec.4, Ocean Reef Plat #13. RE# 573670.005903. Kev Larao. Florida. from Recreational (R)l to Residential Medium RM Date: 4/5/01 Amendment #: 01153 Sheet # : 1 N BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 • GOUN T), S~ .......... u'�cOG 4Q CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Dear Mrs. Cloud, January 17, 2002 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Via Certified Mail 7099 3400 0005 9118 4332 Enclosed please find certified copies of the following Ordinances: Ordinance No. 044-2001 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 approximately mile marker 98.5. Ordinance No. 045-2001 approving the request by Hugh J. 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 J. and J. 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, Jr. 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 61 S, Range 39E, at approximately mule marker 98.5. Ordinance No. 050-2001 approving the request by James Dougherty, Jr. 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: �- Pamela G. HaKock, Deputy Clerk Cc: County Administrator w/o documents Growth Management County Attorney BOCC File ✓ tL m m _72- �o a a Ir U.S. Postal Se u ce ,,,,, 4, CER`r RECEIPT .1I (Domestic Ab I I surance Coverage P v 1 Article Sent To; t, 4 i ( Mrs. Liz • • ' , " Certified F Lry Return Receipt (Endorsement Requires i"�� •� ' C3 Restricted Delivery Fe O (Endorsement Requires 0 Total Postage & Fees i �-tr1 Name (Please Print Clecj • �,-T _ 1'r'1 " ll I ` c<�mpleted by mailer) _Bureau of Administrative Code it sr �PtK�X,�,uilding Q------------------- -- - c"Ite,idlP� aines._.Streer SuYre -Lt+3 Tallaha ee FL :�� 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 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS January 24, 2002 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: HISTORIC PRESERVATION 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 Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART 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 filed in this office on January 23, 2002. Sincerely, 5 Liz Cloud, Chief Bureau of Administrative Code LC/mp Zrn wc r) r- Iv dD nr yy _a ^r1 fT7 C"? n r►I o o BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 a (850) 245-6270 FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail. dos. statefl. us ■ 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 mailpiece, or on the front if space permits. 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 A. Received by (Please Print Clearly) I B. Date of Delivery C. SignaturbEPA°'T !,"—N'T ®F''{''tfATt X lNl� 11 Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type INDKertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 102595-00-M-0952