Ordinance 015-2001
ORDINANCE # 015 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL HIGH (RR) TO MIXED USE/COMMERCIAL (MC)
FOR PROPERTY DESCRIBED AS LOTS 11, 12, AND 30, BLOCK 2,
MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06,
TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY,
FLORIDA, AT APPROXIMATEL Y MILE MARKER 97, AND
HAVING THE REAL ESTATE NUMBERS 00554460.000000 AND
00554420.000000
WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe
County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties to
their current designations on the Future Land Use Map (FLUM); and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review of a request for a Future Land Use Map amendment to the Monroe
County Year 2010 Comprehensive Plan filed by the Planning Department to change the future land
use designation as described above; and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the county
regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger,
and Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RR) on the Future Land Use Map.
5. This proposed map amendment seeks to change the current designations to a future land use
Draft FLUM Ordinance #M99146
page 1 of 4
Initials
designation of Mixed Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block
2 of the Mandalay Subdivision,
7. A 1990 map change altered the zoning and subsequent future land use designations of most
properties in Block 2 of the Mandalay Subdivision, but did not include six lots (11, 12, 26,
27,29, and 30). These properties have remained under the Urban Residential Mobile Home
zoning designation since adoption of the 1986 Comprehensive Plan.
8. With the adoption of the Year 2010 Comprehensive Plan, Lots 11, 12, 26, 27, 29, and 30
have kept their Urban Residential Mobile Home designation and corresponding Residential
High Future Land Use Map designation.
9. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential
Mobile Home designation also be changed to Sub Urban Commercial (which also requires a
change in the Future Land Use Map designation from Residential High to Mixed
Use/Commercial) so as justify their current or proposed uses of these four properties. At the
February 22, 2001 Board of County Commissioners meeting, Mr. Gerald Harrington, who
purchased Lot 27 on November 24,2000 requested that Lot 27 not be included in this map
amendment.
10. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as a
way to address the spot zones created by the 1990 map change.
11. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current designations.
12. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Momoe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the
previous 1990 map change;
Draft FLUM Ordinance #M99146
page 2 of 4
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties shall be designated described above and as
shown on the attached map, which is hereby incorporated by reference and attached as
Attachment 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. The Monroe County staff is given authority to submit this ordinance and
supporting documents to the Florida Department of Community affairs for compliance
reVIew.
Section 5. 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 6. This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapters 163 and 380, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Florida Department of
Community Affairs or Administration Commission finding the amendment in compliance to
Chapters 163 and 380 of the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Draft FLUM Ordinance #M99146
page 3 of 4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 22nd of March , 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
ypp.
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
~NROE~UN~~~A d
-~~ent ~
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
.Jb~ c... D.u)6~
DEPUTY CLERK
:J: 0 ""'l'1
C1
0 ~-'';;' r
% :::- ~ fTl
:::0 0 ..L -0 0
0,::'<:: :;:0
rT1 ~ ...,c, I ."
O' r-" .. 0
00' ;0
c:: ::0 :;:;;
z. c> -0 :::0
-!Oi :J: rr1
;<. _ .::x: ~ ("')
"'" > 0
--"
r- '. 0 :::0
I#' rT1 0
APPROVED AS TO FORM
8Y ~;;:A~~~
Attorney's Office ~
Draft FLUM Ordinance #M99146
page 4 of 4
Initials
/
r.......
Key we
INS
Key s
-~"
.------_....
,
/
,
/
,
/
/
/'
,
./
Pelicor
..
-
~
-
'"
,~ Q"-
\..
-\
:;.\.
:'v
"-
~ "- \.
R L P f k~"c:':~..'
~.. Rl 11;,flli".~1'
p :,ili*l~l\ 1:~;;"~~~~
,-~~,V R l~~~~:~';l~_ R L u~i~~ii
- - - ~
...-...-----t.,.
...:.::
t__-~-
~. ~' -
N
1
Future Land Use Map
Pro osed FLUM Amendment
Key: Ke
MM: 97
1 "=2000' I
Proposal: FROM Residential Hi h RH
TO Mixed USe/Commercial (MC)
Property Description: Mandalay Subdi vision, Block 2,
Lots 11 & 12, RE# 554460, Block 2, Lot 30, RE# 554420
Applicant Name: Kawalski, Bennett
Map #: 2 File Number: M99146
1!lannp lL. l&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
April 4, 2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S. Monroe Street
Tallahassee, FL 32399-0250
Via Certified Mail 70993400000591187159
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance Number 012-2001 amending Section 6-66(7) Monroe County Code, in order to
include in the prohibited actions mismanagement or misconduct which causes financial harm to
another contractor. .
Ordinance Number 013-2001 creating Sec. 2.1-5, Monroe County Code, providing for
definitions; providing that the possession of or consumption from open containers of alcoholic
beverages while upon public or semi-public areas open for vehicular travel, commercial
establishment parking lots, or property owned by or under lease to the County is prohibited.
Ordinance Number 014-2001 amending Section 8-30(B), Monroe County Code; requiring
platted lots within residential subdivisions to be mowed every three months except for lots
acquired by public agencies for resource and conservation purposes and lots within a subdivision
with a land management plan approved by the County.
/ Ordinance Number 015-2001 Ordinance approving the request by the Planning and
v Environmental Resources Department to change the Future Land Use Map of the Monroe County
Year 2010 Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (MC) for
property described as Lots 11, 12, and 30, Block 2, Mandalay Subdivision, Key Largo, Section
06, Township 62 South, Range 39 East, Monroe County, Florida, at approximately mile marker
97, and having the real estate numbers 00554460.000000 and 00554420.000000.
Bureau of Administrative Code & Laws
April 4, 2001
Page 2
, ,
Ordinance Number 016-2001 Ordinance approving the request by the Planning and
Environmental Resources Department to change the Land Use District (Zoning) Map from Urban
Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots
11, 12, and 30, Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South,
Range 39 East, Monroe County, Florida, at approximately mile marker 97, and having the real
estate numbers 00554460.000000 and 00554420.000000.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on March 21, 2001. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court and
ex-officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis
~akLC~~
Deputy Clerk
Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
County Attorney
/File
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
IJ'""
U1
~ ()rcJ.. Nos:
o:CI
.-"l
.-"l
IJ'""
U1
C
C
C
o I .;l - 0 I ~./' .2. 00 I
Postmark
Here
c
c
=r Nsm ' t e an aws
IT1
-si;eei~APTNo.;-O;-PO-t1M:.emot-t-8u.ildmg-----mmm,.u.mmm-
g: 401 South Monroe Street
~ -ciiY..sfifi:ZiP'ftiirah'ass'ee.:-FC-32-39-9~-(j2'50m--mmmu,--
TotlIl Postage &
r ~) j Cl 'I lOUO Jul, 1 jtJ:} S( t He\ t'rse for Ifl',lructlons
-ok I\)
~ ~~
~_ n
I
c
...
CD
g} ~
-"," 0
iDo -3:
::T.....-I)>...
I>> '^::T Q, 0
rn V# .
rnoCD3.-
CD S mS" -.
,!D::T=inN
.,,~~;O
,-0--0
::lCD-
W'" <c:
..... 0 S CD a.
WCD 0:0.
CO cn:::' 0 0
CO _,::::: Q, :7
I ....... CD -
OCD _CD
NCD --
01- ::l
o Q,
i
w
~
~
:D OO~
III - ~
[~l!-
!. ~!Il.3i~
i ~l~i
<"!!1: I!!.
~ -
i ODD ~
O:DW
o ~"C ::w
if ~ 3 m <:.D
~ [i
I
~ ~
~ c:;)
., 'Q
UO 0
... ~ -
$ W; ~
I: :r
Ii !!l
Q.
UO i'
.,
P >< r>
en
.a
~
~
)>
(')
m
-0
m
Z
-f
o
Z
~ ~, . .
> ijO., en -0;::;: (1
~ .... O~CDO
If " :fa33
i 6i-g:!
i ~ ~ i Ii
!. ::;;a CD!l{/)
j:f {/)O~~&.....
~ :7 3 Q.:r""
CD~:f~=~
illlCDQ.(liQ..
3~fam-<~
ifaaour~
. :fo::::lQ.~
CD'C :flo
i~~!~
-6' <."2-
J ; !
D/~' 2-001
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Di vision of Elections
Division of Historical Resources
Di vision of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RING LING MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
April 10, 2001
.:?
o 0 C
=z: );;._ _ ""l,
::tJ ("') ...,. .l:a. ;:::
or-::;::
;:;?r:~:: ;g G
o r- -
c:; !:? . """-I -,..,
~=:O~i:;- C
.....,. a .l:a. ;0
:<~!; ~''3: ...""':t'1. ~~.
,.' - Moo
r-' ~ co' . 'f
.. . C")
1'__ n, c. i C
. """-1::0
o
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated April 4, 2001 and certified copies of Monroe County
Ordinance Nos. 012-2001 through 016-2001, which were filed in this office on
April 9, 2001.
Sincerely,
u~e~
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 · (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us · E-Mail: election@mail.dos.state.fl.us