Ordinance 022-2008
ORDINANCE NO. 022 -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY THE MONROE COUNTY PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT TO
AMEND THE FUTURE LAND USE MAP (FLUM)
DESIGNATION FROM MIXED USE I COMMERCIAL (MC)
TO RECREATION (R) OF PROPERTY LEGALLY
DESCRIBED AS WHISPERING PINES PLAT NO.3, PB4-59,
BIG PINE KEY TRACT A, BIG PINE KEY, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00286360.000000.
WHEREAS, during a regularly scheduled public meeting held on March 19,
2008, the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by the Monroe County Department of Planning &
Environmental Resources to amend the subject property's Future Land Use Map (FLUM)
designation from Mixed Use I Commercial (MC) to Recreation (R) in accordance with
Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-
511 of the Monroe County Code; and
WHEREAS, the subject property, commonly known as Big Pine Key Park, is
located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is
legally described as Whispering Pines Plat #3, PB4-59, Big Pine Key Tract A, Monroe
County, Florida, having Real Estate Number 00286360.000000; and
WHEREAS, as part of the Livable Communi Keys planning process for Big Pine
Key and No Name Key, Staff planned for recreational and community facilities that
would meet the needs of the community's residents. The subject property was identified
as a location that would fulfill a community need for one large recreational site; and
WHEREAS, in 2002, the Monroe County Comprehensive Plan Land Authority
purchased the property and conveyed the property to the Monroe County Board of
County Commissioners for development as a park; and
WHEREAS, on April 10, 2007, the Planning Commission approved the request
of the Monroe County Facilities Development Department for a minor conditional use
permit in order to construct a new park facility on the subject property; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Findings of Fact:
1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states
that upon fee simple acquisition, new county-owned neighborhood and
community park sites shall be reassigned to the Park and Refuge (PR) District;
and
2. The proposed Future Land Use Map (FLUM) designation is Recreation (R).
Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states
the principal purpose of the Recreation (R) land use category is to provide for
public and private activity-based and resource-based recreational facilities;
and
3. The proposed Land Use District designation is Park and Refuge (PR).
Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the
Park and Refuge (PR) District is to establish and protect areas as parks,
recreational areas and wildlife refuges; and
4. Section 9.5-51 1 (a) of the Monroe County Code maintains that map
amendments are not intended to relieve particular hardships, nor to confer
special privileges or rights on any person, nor to permit a change in
community character, as analyzed in Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. Pursuant to Section 9.5-51 1 (d)(5)b of the Monroe County Code, the Monroe
County Board of County Commissioners may consider the adoption of an
ordinance enacting the proposed change based on one (1) or more of the
following factors: (i) Changed projections (e.g., regarding public service
needs) from those on which the text or boundary was based; (ii) Changed
assumptions (e.g., regarding demographic trends); (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1
of the plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates; and
6. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Conclusions of Law:
1. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Big Pine Key Park is county-owned and maintained. Therefore, in
accordance with Policy 1201.4.2 of the Monroe County Year 2010
Comprehensive Plan, Monroe County is mandated to amend the property's
land use district designation to Park and Refuge (PR); and
b. The community park use of the property is consistent with the purpose of
the Recreation (R) Future Land Use Map (FLUM) designation, as set forth
in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan;
and
c. The proposed Future Land Use Map (FLUM) designation of Recreation
(R) corresponds to the proposed Land Use District designation of Park and
Refuge (PR); and
2. The proposed map amendments are consistent with the provisions and intent
of Chapter 9.5 of the Monroe County Code:
a. The community park use of the property is consistent with the purpose of
the Park and Refuge (PR) District designation, as set forth in Section 9.5-
224 of the Monroe County Code; and
b. The community park use of the property is an as-of-right permitted use in
the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the
Monroe County Code; and
c. The proposed Land Use District designation of Park and Refuge (PR)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Recreation (R); and
3. The Big Pine Key Park has been approved, as recorded in Monroe County
Development Order No. 03-07. Consequently, its approval and future
development is not reliant on the proposed map amendments. Therefore, the
proposed map amendments shall not relieve particular hardships, nor confer
special privileges or rights on any person, nor permit a change in community
character, as analyzed in the Monroe County Year 2010 Comprehensive Plan;
and
4. The proposed map amendments meet one (I) of the factors set forth in Section
9.5-51 1 (d)(5)b of the Monroe County Code: (iv) New issues; and
5. The proposed map amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Planning & Environmental Resources Department Staff have found
that all of the required standards shall be met and recommended approval of the
application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 7, 2007 and based on the facts presented at the meeting, the
Planning Commission recommended approval of the request as memorialized in Planning
Commission Resolution No. P57-07; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section!. The Board specifically adopts the findings of fact and conclusions oflaw stated
above.
Section 2. The previously described properties, which are currently designated Mixed
Use / Commercial (MC) shall be designated Recreation (R) as shown on the attached
map, which is hereby incorporated by reference and attached as Exhibit I.
Section3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. 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 5. 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 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on 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 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 a notice is issued by the Department of
Community Affairs or Administration Commission approving the ordinance.
(This area has been intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of October A.D., 2008.
Mayor Mario Di Gennaro Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY ~&~ '
Mayor Mario Di ennaro
Y L. KOLHAGE, CLERK
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I Exhibit 1 to Ordinance# 022 -20081
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00286360-000000
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The Monroe County Future Land Use District Map is amended
as indicated above.
RE 00286360-000000 - Change Future Land Use Map Designation from
Mixed Use/Commercial (MC) to Recreation (R).
N
A
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.c1erk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
October 20, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412402
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 021-2008 approving the request by the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM) designation
from Residential Conservation (RC) to Recreation (R) for property legally described as Block 3,
Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida having Real Estate
Numbers 00211090.000000 and 00211100.000000.
Ordinance No. 022-2008 approving the request by the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM) designation
from Mixed Use/Commerical (MC) to Recreation (R) for property legally described as
Whispering Pines Plat No.3, PB4-59, Big Pine Key Tract A, Big Pine Key, Monroe County,
Florida having Real Estate Number 00286360.000000.
Ordinance No. 023-2008 concerning gross acreage density calculations for affordable,
employee and workforce housing; amending the text of the Year 2010 Monroe County
Comprehensive Plan to allow maximum net density calculations for affordable, employee, and
workforce housing to be calculated on a gross acreage basis while retaining open space, setback
and buffering requirements.
Ordinance No. 024-2008 approving the request by Crown Four, LLC, on behalf of the
Trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and
Lucky's Landing Inc., to amend the Future Land Use Map (FLUM) designation from Institutional
(INS) to Mixed Use/Commercial (MC) of property legally described as Lot I, Part Lot 2 & Part
State Road No.5, Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having
Real Estate Numbers 00214960.000000, 00214960.000 I 00 & part of 00214970-000000.
Ordinance No. 025-2008 approving the request by Seafarer Resort, LLC to amend the
Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed
Use/Commercial (MC) for property legally described as Island of Key Largo, Part Lot 10,
Monroe County, Florida, having Real Estate Number 00091010.000000.
Ordinance No. 026-2008 approving the request by EL EL SI, LLC to amend the Future
Land Use Map (FLUM) designation from Residential High (RH) to Mixed Use/Commercial
(MC) for property legally described as Island of Key Largo PBI-59 Pt Lots 9 & 10 & .71 Ac Bay
Btm., Monroe County, Florida, having Real Estate Number 00091090.000000.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on October 15, 2008. Please file for record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Danny 1. 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
BaCC
File
3114], 2402
7005 1160 0000
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CHARLIE CRIST
Governor
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~LORlDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
October 24, 2008
Honorable Danny 1. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated October 20, 2008 and certified copies of Momoe County Ordinance Nos. 021-2008 through
026-2008, which were filed in this office on October 22, 2008.
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Sincerely,
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399.0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850,922.4085 . http://dIis.dos.state.n.us
COMMUNITY DEVELOP}.ffiNT
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