Ordinance 029-2007
ORDINANCE NO.: 029-2007
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY THE MONROE COUNTY PLANNING 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
GOVERNMENT LOT I, SECTION 8, TOWNSHIP 59 SOUTH, RANGE
41 EAST AND PART GOVERNMENT 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.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on June 20, 2007 conducted a review and consideration of the
request filed by Monroe County Planning 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 Governrnent Lot I, Section 8, Township 59 South, Range 41
East and Part Governrnent 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; and
WHEREAS, the Monroe County Board of County Commissioners, during a
public hearing held on May 21, 2007 approved a request filed by the Monroe County
Planning Department to amend the Future Land Use Map to designate the subject
property as Conservation (C); 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 May 23, 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:
Ocean Reef Map 10 LU Ord
Page 1 of 4
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.
(iii.)Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.) New issues
Staff realized these islands were not given a FLUM designation
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986 but incorrectly
included in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Momoe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. 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.
9. 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 land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
Ocean Reef Map 10 LV Ord
Page 2 of 4
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 Momoe County Land Use District (Zoning) Map 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ocean Reef Map 10 LU Ord
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 20thday of June ,2007.
Mayor Mario DiGennaro
Mayor Pro Tem, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Not Present
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Ocean Reef Map 10 LU Ord
Page 4 of 4
1 Exhibit 1 to Ordinance# oZ1 -20071
The Monroe County Land Use District Map is amended
as indicated above.
RE 00091510-000000 - Change Future Land Use Map Designation from unassigned
to Conservation (C).
N
A
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARAmON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARAmON, 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 1160 0000 38412488
Dear Ms. Cloud,
Enclosed please find certified copies ofthe 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 Govemment Lot 5, and that part of Government
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 Planning
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 Government
Lot I, Section 8, Township 59 South, Range 41 East and Part Government 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
Governrnent Lot 4 and Part NE 1/4 of SW 1/4 Section 7 Township 59S, Range 41 E Island of
Key Largo, PB4-83 Monroe County, Florida, real estate #00081710.000000 and Part NE 1/4 of
SW 1/4 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 thelollowing:
Growth Management
County Attorney
BaCC
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
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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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Administrative Code and Weekly
R,A, Gray Building
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Tallahassee. Florida 32399-0250
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