Ordinance 013-2007
ORDINANCE NO. 013- 2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
FREDERICK J. ZACHARIAS, TRUSTEE TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION OF THE MONROE
COUNTY YEAR 2010 COMPREHENSNE PLAN FROM MIXED USE
COMMERCIAL (MC) TO RESIDENTIAL HIGH (RH) FOR
PROPERTY LEGALLY DESCRIBED AS TRACT A, CROSS KEY
WATERWAYS ESTATES, SECTION THREE, KEY LARGO,
MONROE COUNTY, FLORIDA HAVING REAL ESTATE NUMBER:
00468473.019200, APPROXIMATELY MILE MARKER 103.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15, 2006 conducted a review and consideration of the
request filed by Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercial (Me) to Residential High (RH) for the property
described as Tract A, Cross Key Waterways Estates, Section 3, Key Largo, Monroe
County, F]orida, having the rea] estate number 00554420.000000; and
WHEREAS, at its December 19, 2006 meeting in Marathon, the Deve]opment
Review Committee reviewed the application and recommended approval of the Future
Land Use Map amendment as indicated in the Reso]ution D24-05; and
WHEREAS, subsequent to the Deve]opment Review Committee meeting of
December] 9, 2006 after further review of the application, consideration of the facts and
based on new information, staff reconsidered its recommendation and recommended not
to approve the application to the Planning Commission as indicated in the Planning
Commission Staff Report dated January ]9, 2006; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
January 25,2006 and based on facts presented at the meeting, the Planning Commission
recommended to approve the Future Land Use District Map amendment, as indicated in
the Reso]ution P02-06; and
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application of Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercia] (Me) to Residentia] High (RH) and the Land
Page 1 of3
Use District (Zoning) Map from Sub Urban Commercial (SC) to Urban Residential
(UR); and
2. The staff report prepared by Aref Joulani, Acting Director, Planning and
Environmental Resources and Alex Score, Senior Biologist, dated January 25, 2006;
and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iv.)New issues:
The property has the potential for commercial development under existing zoning that
would permit similar clearing to the proposed residential Land Use District and
FLUM designations, subject to Land Development Regulations. The applicant's
agent stated that the HEI conducted on the property identified the parcel as moderate-
quality hammock. Existing environmental rules will provide protection for the
hammock.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5)
(b): of the Monroe county Land Development Regulations and will not have
negative impact or alter the character ofthe properties or immediate vicinity.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of
law stated above.
Section 2. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as shown in on the attached map, hereby
incorporated by reference and attached as Exhibit 1.
Page 2 00
Section 3. 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 4. 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 S. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. 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 Approving the
ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 21st day of Kay 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
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Yes
No
Yes
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(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MO~;/)~RIDA >
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Mayor/Chairperson
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ATTEST: DANNY L. KOHAGE, CLERK
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MONROE COUNry ATTORNEY
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I Exhibit 1 to Ordinance# 013 -20071
The Monroe County Future Land Use Map is amended
as indicated above.
RE: 00468473-019200 Change Future Land Use Map Designation from
Mixed Use/Commercial to Residential High (RH)
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FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (COORS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (COORS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. COORS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this cOding form. It is to be completed whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form property, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)245-6270 or Suncom 205-6270.
COUNTY: MONROE
PRIMARY KEYFIELD
DESCRIPTOR: (ZONING CLASSIFICTION)
SECONDARY KEYFIELD
DESCRIPTOR: (BUILDING/DEVELOPMENT)
OTHER KEYFIELD
DESCRIPTOR: (LAND USE PLANNING)
ORDINANCE DESCRIPTION: (CROSS KEY WATERWAYS KL AMEND FLUM)
(25 characters maximum including spaces)
COUNTY ORDINANCE # 013- 2007
ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT # 1:
AMENDMENT #2:
AMENDMENT #3:
AMENDMENT #4:
AMENDMENT #5:
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL # 1: (
REPEAL # 2: (
)
)
REPEAL # 3: (
REPEAL # 4: (
)
)
(Others repealed: List all that apply):
(FOR OFFICE USE ONLY):
COUNTY CODE NUMBER: <- _ _ _ _ __)
KEYFIELD 1 CODE: <- _ _ _ _ _ _ _ _ _ __)
KEYFIELD 2 CODE: <- _ _ _ _ _ _ _ _ _ __)
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CHARLIE CRI:ST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 7, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhag(~:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 1,2007 and certified copies of Monroe County Ordinance Nos. 009-2007 through 024-
2007, which were filed in this office on June 4,2007.
Sincerely,
~(]j~f1
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
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