Ordinance 019-2007
ORDINANCE NO.: 019-2007
AN ORDINANCE BY THE MONROE COUNTRY 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 RECREATION (R) TO MIXED USE/COMMERCIAL (Me) FOR
PROPERTY LEGALLY DESCRIBED AS PART OF THE NE y" OF
THE SW y" OF SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41
EAST, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS: 00081720.000302 AND
00081740.000300 AND FROM RECREATION (R), RESIDENTIAL
HIGH (RR), AND AIRPORT DISTRICT (AD) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED
AS PART OF THE NE y" OF THE SW Y4 OF SECTION 7, TOWNSHIP
59 SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00081720.000300.
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) to Mixed Use/Commercial (Me) is for property described as part of
the NE Y4 of the SW y" of Section 7, Township 59 South, Range 41 East, Ocean Reef,
Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000302 and
00081740.000300 and from Recreation (R), Residential High (RR), and Airport District
(AD) to Mixed Use/Commercial (Me) for property described as part of the NE y" of the
SW y" of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 00081720.000300; 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 11, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
Ocean ReefFLUM Ordinance
Page 1 of 4
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 Momoe 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 identified this parcel as have inconsistent zoning and FLUM designations.
Research showed that a land use designation change occurred in 1996 under a
development agreement with Ocean Reef but the corresponding FLUM
designations were never updated. Staff is attempting to remove these
inconsistencies.
(v.)Recognition of a need for additional detail or comprehensiveness:
There are limited areas in ORC that are zoned for commercial uses. Changing the
land use designation and FLUM of this parcel will allow this area of Ocean Reef
to be developed for both commercial and residential uses in a cohesive way.
3. The subject properties were zoned RU-3, RU-l and GU prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were changed to a Sub Urban Commercial (SC) Land Use
Designation in 1996 pursuant to an agreement between Ocean Reef and Momoe
County.
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 Residential High (RH), Recreation (R), and
Airport District (AD) for the SS parcel.
7. The FLUM designations were not changed in 1996 when the Land Use Designation
was changed.
8. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. 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.
10. 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:
Ocean Reef FLUM Ordinance
Page 2 of4
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of
the Monroe 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 subject property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section I. 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.
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.
Balance of Page Intentionally Left Blank
Signature Page to Follow
Ocean ReefFLUM Ordinance
Page 3 of4
Ordinance Ocean Reef FLUM Map 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
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Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~&~ J
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
fl~c;.~4-
DEPUTY CLERK
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Ocean Reef FLUM Ordinance
Page 4 of 4
I Exhibit 1 to Ordinance# 0/'1 -20071
000 720-000300
The Monroe County Future Land Use Map is amended
as indicated above.
Portion of RE 00081720-000300 - Change Future Land !
Use Map Designation from Residential High (RH) and Airport District '"
(AD) to Mixed Use/Commercial (MC). RE 00081740-000300 and
RE 00081720-000302 - Change Future Land Use Map Designation from Recreation (R)
to Mixed Use/Commercial (MC).
N
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 CLASSIFICTlON)
SECONDARY KEYFIELD
DESCRIPTOR: (BUILDING/DEVELOPMENT)
OTHER KEYFIELD
DESCRIPTOR: (LAND USE PLANNING)
COUNTY ORDINANCE # 019- 2007
ORDINANCE DESCRIPTION: (AMEND FLUM NE V4 OF SW V4 OCEAN REEF KU
(25 characters maximum including spaces)
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): 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
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850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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