Ordinance 016-2007
ORDINANCE NO.: 016 -2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION OF THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH
(RR) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY
LEGALLY DESCRIBED AS PART LOT 4 AND PART NE v.,
OF THE SW v., OF SECTION 7, TOWNSHIP 59S, RANGE 41E,
OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA
HAVING REAL ESTATE NUMBERS: 00081740.000500 AND
00081710.000000.
WHEREAS, the Monroe County Board of County Commissioners, during
a regular meeting held on August 16, 2006 conducted a review and consideration of
the request filed by Monroe County Planning to amend the Future Land Use Map
(FLUM) from Residential High (RR) to Mixed Use Commercial (Me) for property
described as Part Lot 4 and Part NE v., of the SW v., of Section 7, Township 59S,
Range 41E, Ocean Reef, Key Largo, Monroe County, Florida having the Real
Estate Numbers: 00081740.000500 and 00081710.000000; and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on April 11, 2006 and May 23, 2006 conducted a review and
consideration of these same requests and recommended approval to the Plauning
Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Juliarme Thomas, Planner on July 27,2006; and
WHEREAS, the Board of County Commissioners makes the following
Findings of Fact:
Ocean Reef FLUM Ordinance
Page 1 of4
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):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial
and communication needs of its residents on site. As such, areas identified
for commercial development need to have the appropriate FLUM to allow
commercial development.
(iv.) New issues
Staff believes that the property should have a FLUM consistent with current
zoning and land use. The limited commercial areas in ORC need to be
available for development to the ORC community.
(v.)Recognitiou of a need for additional detail or comprehensiveness:
FLUM designations need to correspond with Land Use designations in order
to provide property owners an opportunity to fully develop their land. This
FLUM designation needs to be changed to correspond with the Land Use
Designation.
3. The subject property was zoned BU-2 prior to 1986.
4. The subject property was assigned zoning of Urban Residential (UR) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan, which took effect on January 4, 1996, followed the land use district
boundary and designated a future land use category of Residential High (RH)
for the UR parcel.
6. Pursuant to a 1995 development agreement with Ocean Reef, the zoning of this
parcel was changed from UR to Suburban Commercial (SC).
7. The present RH FLUM designation does not correspond with the existing Sub
Urban Commercial (SC) land use district designation.
8. The Residential High (RH) FLUM does not allow for the SC parcel to be
developed to its highest potential.
9. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
10. Objective 101.11 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.
11. The 2005 Public Facilities Capacity Assessment Report and the listed
programs for stormwater and wastewater indicate that there are no significant
concerns.
WHEREAS, the Board of County Commissions makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
Ocean ReefFLUM Ordinance
Page 2 of 4
2. This map amendment will not result in a negative impact or alter the character
of the properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property and will allow the owners to make full use of the
subject property.
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
oflaw 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 I.
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 5. 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.
Balance of Page Intentionally Left Blank
Signature Page to Follow
Ocean ReefFLUM Ordinance
Page 3 of4
Ocean Reef FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 21st day of May ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ~JO;~
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
.Jl,~C. ~51~
DEPUTY CLERK
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Ocean Reef FLUM Ordinance
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I Exhibit 1 to Ordinance# 016 -20071
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The Monroe County Future Land Use Map is amended
as indicated above.
Portion of RE 00081740-005000 and RE 00081710-000000 - Change Future Land
Use Map Designation from Residential High (RH) to Mixed Use/Commercial (MC)
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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 (CODRS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. CODRS' 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 properly, 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: (AMEND LAND USE OCEAN REEF KEY LARGO)
(25 characters maximum including spaces)
COUNTY ORDINANCE # 016- 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 #5:
AMENDMENT #4:
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): COUNlY CODE NUMBER: <- _ _ _ _ __)
KEYFIELD 1 CODE: <- _ _ _ _ _ __ _ _ _ _) KEYFIELD 2 CODE: <- _ _ _ _ _ _ _ _ _ __)
KEYFIELD 3 CODE: (
)
Rev. 4/10/01
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
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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