Ordinance 032-2007
ORDINANCE NO.: 032-2007
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 DISTRICT MAP FROM URBAN RESIDENTIAL (DR) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS PART
OF GOVERNMENT LOT 4 AND PART NE y., OF SW y., SECTION 7
TOWNSHIP 59S, RANGE 41 E ISLAND OF KEY LARGO, PB4-83
MONROE COUNTY, FLORIDA, REAL ESTATE #00081710.000000 AND
PART NE y., OF SW y., SECTION 7, TOWNSHIP 59S, RANGE 41E ISLAND
OF KEY LARGO, PB4-83, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00081760.000000 AND 00081740.000000.
WHEREAS, the Momoe 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 Department to amend the Land Use
District Map Amendment from Urban Residential (DR) to Suburban Commercial
(SC) for property legally described as part of Government Lot 4 and Part NE y., of
SW y., Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe
County, Florida, Real Estate #00081710.000000 and Part NE y., ofSW y., Section 7,
Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida,
having Real Estate Numbers: 00081760.000000 and 00081740.000000; and
WHEREAS, the Board of County Commissioners held a public hearing on
May 21,2007 and approved a companion amendment to the Future Land Use Map
(FLUM) for the subject properties from Residential High (RH) to Mixed Use
Commercial (MC); 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 Momoe 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 Planning
Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
Ocean Reef LU Ordinance
Page 1 of4
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 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.)Recognition of a need for additional detail or compreheusiveness:
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 ofthis
parcel was changed from UR to Suburban Commercial (SC).
7. Surrounding properties are all SC, and changing this designation will allow the
parcels to develop to their greatest potential.
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 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.
10. The 2005 Pnblic 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:
Ocean Reef LU 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 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 Monroe 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 LEFT BLANK
Ocean Reef LV Ordinance
Page 3 of 4
Ocean ReefLUD Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 20tbday of June ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~A}~
Mayor/Chairperson
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Ocean Reef LU Ordinance
Page 4 of4
I Exhibit 1 to Ordinance# ()32. -20071
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The Monroe County Land Use District Map is amended
as indicated above.
Portion of RE 00081740-005000, RE 00081740-000000 and RE 00081710-000000-
Change Land Use Map Designation from Urban Residential (UR) to Suburban
Commercial (SC)
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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 Government 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 lnIproved 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
Government 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 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
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STATE LIBRARY OF FLORIDA
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RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
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Administrative Code and Weekly
R,A, Gray Building
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Tallahassee. Florida 32399-0250
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