Ordinance 028-2007
ORDINANCE NO. 028-2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST OF
LUCKY'S LANDING INC. TO AMEND THE OFFICIAL
MONROE COUNTY LAND USE DISTRICT MAPS, VOLUME
III, SHEET 372, CHANGING THE URBAN RESIDENTIAL
MOBILE HOME (URM) LAND USE DISTRICT TO URBAN
RESIDENTIAL (UR), LOCATED AT 133 BARRY AVENUE,
MILE MARKER 28.5, LITTLE TORCH KEY, AND DESCRIBED
AS THE N'LY 100 FEET OF LOT 2, AND ALL OF LOT 3, OF
BARRY BEACH, A SUBDIVISION OF GOVERNMENT LOT 5,
AND THAT PART OF GOVERNMENT LOT 6, SECTION 28,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, NORTH OF US
HIGHWAY NO.1, ON LITTLE TORCH KEY, MONROE
COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 127 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE AS PART OF THE LAND
USE DISTRICT MAPS; PROVIDING FOR THE TRANSMITTAL
OF THIS ORDINANCE TO THE STATE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS: Lucky's Landing Inc. made application December 28th, 2006 to
rezone from Urban Residential Mobile Home (URM) to Urban Residential (DR) the land
area described in Exhibit A (attached); and
WHEREAS: On February 16, 2007 the Development Review Committee
reviewed the proposed amendment and prepared a staff report with a recommendation to
the Planning Commission to recommend the board adopt an ordinance enacting the
proposed zoning change from URM to UR; and
WHEREAS: On May 09,2007 the Momoe County Planning Commission heard
public testimony and the petitioner's request regarding the proposed amendment to the
official Momoe County Land Use District Maps, Volume III-Lower Keys, Sheet 372,
changing the zoning in the area shown in Exhibit A from URM to UR; and
WHEREAS: In consideration of the staff report and Development Review
Committee Resolution DI-07 presented to the Planning Commission on May 09, 2007,
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the Planning Commission recommended that the Board adopt an ordinance enacting an
amendment to change the official Momoe County Land Use District Maps, Volume III-
Lower Keys, Sheet 372, from URM to OR; and
WHEREAS: Momoe County has adopted the Year 2010 Comprehensive Plan
(comprehensive plan) and Future Land Use Maps (FLUM) including the following
findings 0 f fact:
1. The comprehensive plan and FLUM are necessary to preserve, promote, protect
and improve the public health, safety and general welfare; and
2. The adopted comprehensive plan contains goals, objectives, policies, and future
land use maps for guiding future development and redevelopment; and
3. Policy 101.4.4 of the comprehensive plan establishes the Residential High (RH)
future land use category to provide for high-density single-family, multi family
(attached), and institutional residential development, including mobile homes and
manufactured housing, located near employment centers; and
4. The FLUM categorizes the land area of the proposed zoning change as RH; and
5. Policy 101.4.21 of the comprehensive plan establishes corresponding zomng
classifications for implementing the purpose of the RH land use category; and
6. The corresponding zoning classifications which serve to implement the purpose of
the RH future land use category ofthe comprehensive plan are Urban Residential Mobile
Home Limited (URM-L), Urban Residential Mobile Home (URM), and Urban
Residential (OR); and
7. Changing the zoning from URM to OR is consistent with future land use policies
and map of the comprehensive plan; and
8. The board of county commissioners may consider the adoption of an ordinance
enacting the proposed zoning change from URM to OR based on at least one of the six
(vi) factors listed in Section 9.5-511 (d) (5) (b) of the Momoe County Code; and
WHEREAS: The Board of County Commissioners made the following findings
of fact and conclusions oflaw:
1. The petitioner for the map amendment provided justification for changed
conditions under factor (iv) New Issues, of Section 9.5-511 (d) (5) (b) MCC, in that in
meeting current building codes, landscape buffers, wastewater management, and
maximum open space for dwelling units, including the recently adopted inclusionary
housing ordinance which requires 30% of existing mobile homes to be replaced with
affordable housing, causes a constraint on site design for redeveloping all lawfully
established dwelling units on a site; and
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2. The permissibility of attached (multi-family) residential uses in the UR zoning
district provides for clustered housing site design that is a more viable development
alternative for achieving simultaneously the requirements of the recently adopted
inclusionary housing ordinance to replace 30% of existing dwelling units with affordable
housing, preserve 20% as open space, provide an aesthetically appealing landscape buffer
plan, provide safe traffic circulation through the site, provide a storm water management
plan, and optimize fire protection; and
3. The zoning change, which would permit attached residential (multi-family)
dwellings, is supported by rationale provided in the Housing Element of the
Comprehensive Plan's Technical Document: Data, Analysis, and Recommendations;
encouraging the private sector to construct for-sale multi-family housing (Monroe County
Year 2010 Technical Document, Section 7.2.4 Housing Element, The Private Sector and
Housing Needs, New Construction of For-Sale Multi-Family Condominiums, page 7-32);
and
4. Little Torch Key is in Planning Area 16, which is characterized as a community in
transition from sparsely settled to sub-urban; and
5. Pursuant to the County's adopted methodology in Volume I of the Plan for
analyzing community change, changing the zoning from URM to UR at the subject site to
permit multi-family (attached) residential land use in Planning Area 16 will not result in
adverse community change of the Planning Area with respect to unfavorable social,
culturaL economic or environmental impacts; and
6. The proposed amendment to the official Land Use District Maps, Volume III,
Sheet 372, changing from URM to UR the area shown in Exhibit A, is consistent with the
comprehensive plan, does not relieve particular hardships, does not confer special
privileges or rights on any person, will not result in adverse community change of
Planning Area 16, and is in the interest of public health, safety, and welfare; and
WHEREAS: The BOCC held a public hearing on June 20, 2007 and received
input from the public, which was duly considered,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Map Amendment. Volume III, Sheet 372 of the Monroe County Land Use
District Maps is hereby amended from URM to UR as follows:
See Exhibit A
Zoning Map Change M26085
Section 2. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
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Resolution P27-07
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an amendment to
the Land Use District Maps.
Section 5. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (II), Florida Statutes and to the Secretary of State for the State of
Florida, as required.
Section 6. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting held on the 20th day of June, 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Yes
Yes
No
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BOARD OF COUNTY COMMISSro};,ffiR&,
OF MONROE COUNTY, FLOR@A;. :3:
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BY
Mayor Mario DiGennaro
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EXHIBIT A
To
ORDINANCE NO. ot!1- 2007
The amendment is to the Monroe County Land Use District Maps, Volume III-Lower
Keys, Sheet 372, changing from Urban Residential Mobile Home (URM) to Urban
Residential (UR) the site indicated below.
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Source: Monroe County Land Use District Map, Volume Ill-Lower Keys, Sheet 372.
Map Amendment # M26085
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CHANGE.doc
Page I of 1
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 16,2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412488
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 028-2007 approving the request of Lucky's Landing Inc. to amend the
official Monroe County Land Use District Maps, Volume III, Sheet 372, changing the Urban
Residential Mobile Home (URM) Land Use District to Urban Residential (UR), located at 133
Barry Avenue, Mile marker 28.5, Little Torch Key, and described as the n'ly 100 feet of Lot 2,
and all of Lot 3, of Barry Beach, a subdivision of GoveITUllent Lot 5, and that part of GoveITUllent
Lot 6, Section 28, Township 66 South, Range 29 East, North of US Highway No. I, on Little
Torch Key, Monroe County, Florida, according to the plat thereof, recorded in Plat Book 2, Page
127 of the Public Records of Monroe County, Florida; providing for severability; providing for
repeal of inconsistent provisions; providing for inclusion in the Monroe County Code as part of
the Land Use District Maps; providing for the transmittal of this Ordinance to the State
Department of Community Affairs and the Secretary of State; providing for an effective date.
Ordinance No. 029-2007 approving the request filed by the Monroe County Plarming
Department to amend the Land Use Designation Map from Improved Subdivision (IS) to
Conservation District (CD) for property described as Angel Fish Keys, PB4-83, Part GoveITUllent
Lot I, Section 8, Township 59 South, Range 41 East and Part GoveITUllent Lots 8, 9, and 10,
Section 5, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00091510.000000.
Ordinance No. 028-2007 & 029-2007
Ordinance No. 031-2007 & 032-2007
Ordinance No. 031 approving the request filed by the Monroe County Planning to amend
the Land Use Map designation map from Improved Subdivision (IS) to Park and Refuge (PR) for
property described as Part of Tracts A, F & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean
Reef, Monroe County, Florida, having real estate number: 00569443.005201.
Ordinance No. 032-2007 approving the request filed by the Monroe County Planning
Department and the Ocean Reef Club to amend the Land Use District Map from Urban
Residential (UR) to Suburban Commercial (SC) for property legally described as Part of
Govemment Lot 4 and Part NE 114 of SW 114 Section 7 Township 59S, Range 41 E Island of
Key Largo, PB4-83 Monroe County, Florida, real estate #00081710.000000 and Part NE 114 of
SW 114 Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County,
Florida, having real estate numbers: 00081760.000000 and 00081740.000000.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on June 20, 2007. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
FLORIDA DEPARTMENT Of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 22, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated August 16, 2007 and certified copies of Momoe County Ordinance Nos. 028-2007, 029-
2007,031-2007,032-2007,035-2007,036-2007,037-2007 and 038-2007 which were filed in this office
on August 20,2007.
Sincerely,
If!its ~~~
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX; 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.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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item 4 if Restricted Delivery is desired.
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or on the front jf space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R,A, Gray Building
500 South Bronough Street
Tallahassee. Florida 32399-0250
2. Al1icle Number
(Tiansfer from service label)
PS Form 3811 , February 2004
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