Ordinance 018-2007
ORDINANCE NO.:018 -2007
A ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSNE PLAN FROM RECREATION (R) AND AIRPORT
DISTRICT (AD) TO PUBLIC FACILITIES (PF) FOR PROPERTY
LEGALLY DESCRIBED AS PART SE Y. OF NW Y. OF SECTION 7,
TOWNSHIP 59S, RANGE 41E, OCEAN REEF, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS: 00081720.000000
AND 00081720.000200.
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 Recreation (R) and Airport District (AD) to Public Facilities (PF) for property
legally described as Part SE Y. ofNW Y. of Section 7, Township 59S, Range 41E, Ocean
Reef, Monroe County, Florida, having Real Estate Numbers: 00081720.000000 and
00081720.000200 ; 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 a
regular meeting held on April II, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report prepared by
Julianne Thomas, planner on July 27,2006; 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):
(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
Ocean Reef FL UM Ordinance
Page 1 of4
commercial development need to have the appropriate FLUM to allow
commercial development.
(iii.)Data Errors
There was an error made when the parcel was designated as SS instead of I in
1986.
(iv.) New issues
The current FLUM designation does not recognize or permit the existing uses. In
order to allow these critical functions to continue, the FLUM needs to be updated
to recognize the intended and existing use.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff recognized that parcels had changed their land use designations without the
corresponding FLUM also being changed. Staff believes it is in the best interest
for Momoe County as well as landowners to have a FLUM designation consistent
with intended and existing use.
3. The subject property was zoned GU prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject property was subsequently assigned a land use designation of Industrial
(I).
6. The Future Land Use Map of the Momoe 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 Recreation (R) for the SS parcel.
7. The FLUM was not changed when the land use designation was changed.
8. The appropriate FLUM for the subject property is Public Facilities (PF).
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 Momoe 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.
II. 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 Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (iii), (iv), and (v) outlined in Section 9.5-511
of the Momoe County Land Development Regulations.
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 Future Land Use Map
designation is appropriate for this property and will allow the owners to make full use
of the subj ect property.
Ocean Reef FLUM Ordinance
Page 2 of4
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 Momoe County Year 2010
Comprehensive Plan shall be amended as shown in on the attached map, hereby
incorporated by reference and attached as Exhibit 1.
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 Reef FLUM Ordinance
Page 3 of4
Ordinance Ocean Reef FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 21 st day of Mav 2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
~
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ~JQ;~
Mayor/Chairperson
(SEAL)
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ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
MONROE COUNTY ATTORNEY
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Ocean Reef FLUM Ordinance
Page 4 of 4
I Exhibit 1 to Ordinance# Oleo -20071
The Monroe County Future Land Use Map is amended
as indicated above.
Portion of RE 00081720-000000 and RE 00081720-000200 - Change Future Land
Use Map Designation from Recreation (R) and Airport District to Public Facilities (PF)
N
A
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 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 FLUM SE '/4 OF NW '/4 OCEAN REEF KL)
(2S characters maximum including spaces)
COUNTY ORDINANCE # 018- 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: C _ _ _ _ __)
KEYFIElD 1 CODE: C _ _ _ _ _ _ _ _ _ _ _) KEYFIElD 2 CODE: C _ _ _ _ _ _ _ _ _ __)
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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