Ordinance 030-2007
ORDINANCE NO.: 030-2007
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 NATIVE
AREA (NA) TO CONSERVATION DISTRICT (CD) FOR PROPERTY
DESCRIBED AS PART OF GOVERNMENT LOT 2, AND LAND AT
LANDINGS & MOORINGS OF FISHERMAN'S COVE CONDO,
SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN
REEF, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER: 00081696.000000.
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 land use designation from Native
Area (NA) to Conservation District (CD) for property described as Part of Governrnent
Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7,
Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00081696.000000; 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 property from unassigned to 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
WHI:REAS, the Board of County Commissioners makes the following Findings of
Fact:
Ocean Reef Map 9 LU Ordinance
Page 1 of 4
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.
(iii.)Data Errors:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation. Staff is
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.)Recognition of a need for additional detail or comprebensiveness:
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.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. 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.
8. 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
ofthe 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 designation is
appropriate for this property and will allow the owners to make full use ofthe subject
property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Ocean Reef Map 9 LU Ordinance
Page 2 of 4
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 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ocean Reef Map 9 LV Ordinance
Page 3 of 4
Ocean Reef FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Momoe County,
Florida at a regular meeting held on the 20thlayof 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
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BY
Mayor/Chairperson
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Ocean Reef Map 9 LV Ordinance
Page 4 of 4
-20071
I Exhibit 1 to Ordinance#
The Monroe County land Use District Map is amended
as indicated above.
RE 00081696-000000 - Change Future land Use Map Designation from unassigned
to Conservation (C).
N
A
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 23, 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 38412044
Dear Ms. Cloud,
Enclosed please find a certified copy of the following Ordinance No. 030-2007 approving
the request filed by the Monroe County Planning Department to amend the Land Use
Designation Map from Native Area (NA) to Conservation District (CD) for property described as
Part of Governrnent Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo,
Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00081696.000000.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Mf:eting 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 thefollowing:
Growth Management
County Attorney
BOCC
File
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SENDER: COMPLETE THIS SECTION
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Item 4 if Restricted Delivery is desired.
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01" on the front if space pennits.
1. Altic1e Addressed to:
I'rogram Administrator
Administrative Code and Weekly
Fl.A. Gray Building
!500 South Bronaugh Street
Tallahassee, Florida 32399-0250
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COMPLETE THIS SECTION ON DELIVERY
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AUf, 27 2007
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7005 1160 0000 3841 2044
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PS Form 3811. February 2004
Domestic Return Receipt
CHARLIE CRIST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 28, 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. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated August 23, 2007 and certified copy of Monroe County Ordinance No. 030-2007, which was
filed in this office on August 27, 2007.
Sincerely,
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DIRECTOR'S OFFICE
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