Ordinance 026-2008
ORDINANCE NO. 026 -2008
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
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 (Me) 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.
WHEREAS, during a special scheduled public meeting held on May 23, 2008,
the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by The Craig Company / Hershoff, Lupino & Yagel, on
behalf ofEL EL SI, LLC, to amend the subject property's Future Land Use Map (FLUM)
designation from Residential High (RH) to Mixed Use / Commercial (Me) in accordance
with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and ~9.5-511
of the Monroe County Code; and
WHEREAS, the subject property is located at 97680 Overseas Highway, Key
Largo, approximate Mile Marker 97.6, and is 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; and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received April 3, 2008, the Applicant requested that the Future
Land Use Map (FLUM) designation of one (I) parcel identified as Real Estate Number
00091090.000000, be amended from Residential High (RH) to Mixed Use / Commercial
(Me); and
WHEREAS, preceding the application being heard by the Development Review
Committee on May 5, 2008, in an email to the Planning & Environmental Resources
Department, received April 14, 2008, the Applicant followed Staffs' recommendation to
change the application's future land use map designation from Residential Low to
Residential High due to placement errors on the GIS software.
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact:
Page 6 of 10
1. The proposed Future Land Use Map (FLUM) designation of the subject
property is Mixed Use / Commercial (Me). Policy 101.4.5 of the Monroe
County Year 20 10 Comprehensive Plan states that the principal purpose of the
Mixed Use / Commercial (Me) land use category is to provide for the
establishment of commercial zoning districts where various types of
commercial retail and office may be permitted at intensities which are
consistent with the community character and the natural environment.
Employee housing and commercial apartments are also permitted. This land
use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and
non-residential uses may be permitted; however, heavy industrial uses and
similarly incompatible uses shall be prohibited; and
2. g9.5-511(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
3. Pursuant to g9.5-511(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 I of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates; and
4. 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
Planning Commission makes the following Conclusions of Law:
I. The proposed FLUM amendment is consistent with the provisions and intent
of the Monroe County Year 20 I 0 Comprehensive Plan:
a. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan
shall regulate future development and redevelopment to maintain the
character of the community and protect the natural resources by providing
for the compatible distribution of land uses consistent with the
designations shown on the Future Land Use Map.
b. Policy 101.4.4: The principal purpose of the Residential High category is
to provide for high density single-family, multi-family, and institutional
Page 7 of to
residential development, including mobile homes and manufactured
housing, located near employment centers.
c. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan
states the principal purpose of the Mixed Use / Commercial land use
district is to provide for the establishment of commercial zoning districts
where various types of commercial retail and office may be permitted at
intensities which are consistent with the community character and the
natural environment. Employee housing and commercial apartments are
also permitted.
d. Goal 102 of the Monroe County Year 20 I 0 Comprehensive Plan maintains
that Monroe County "shall direct future growth to lands which are
intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. Future
development would be required to comply with all Monroe County Code,
State and Federal environmental regulations.
e. Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan
directs the County to encourage infill development where existing lands
are already substantially developed, served by complete infrastructure
facilities and within close proximity to established commercial areas and
have few sensitive or significant environmental features.
f. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan,
directs future growth away from environmentally sensitive land and
towards established development areas served by existing public facilities.
g. Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan
maintains the overall Level of Service for potable water is 100 gallons per
person per day.
2. The map amendment is consistent with the provisions and intent of Chapter
9.5 of the Monroe County Code:
a. MCC Section 9.5-511 prohibits any map amendments that would
negatively impact community character.
b. MCC Section 9.5-51 I (a) maintains the map amendment is 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.
c. Changing the FLUM designation will not adversely affect natural
resources.
Page 8 of 10
d. The proposed FLUM amendment may have an insignificant effect on
traffic circulation.
e. The proposed FLUM amendment may have an insignificant effect on solid
waste.
f. The proposed FLUM amendment may have an insignificant effect on
potable water.
g. Staff has determined that the proposed map FLUM amendment is
consistent with MCC Sec. 9.5-5Il(d)(5)b: (i) Changed projections, (ii)
Changed assumptions (iii) Data errors and (vi) Recognition of a need for
additional detail or comprehensiveness.
3. The proposed map amendment 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 as directed by !W5-511(a) of the Monroe County Code;
and
4. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Planning & Environmental Resources Department Staff has found
that all of the required standards are met and recommends approval of the application;
and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on May 6, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described property, which is currently designated Residential
High (RH) shall be designated Mixed Use I Commercial (MC) as shown on the attached
maps, which are hereby incorporated by reference and attached as Exhibits 1 and 2.
Section3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Page 9 of 10
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 15th day of October, A.D., 2008.
Mayor Mario Di Gennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
Not present
Yes
Yes
YP~
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNT~ 0.
BY )(f~
Mayor Mario Di Gennaro
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AT ", ,y L. KOLHAGE, CLERK
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DEPUTY CLERK
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Page 10 of 10
I Exhibit 1 to Ordinance# 026 -2008/
The Monroe County Future Land Use District Map is amended
as indicated above.
RE 00091090-000000 - Change Future Land Use Map Designation
from Residential High (RH) to Mixed Use/Commercial (MC).
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 HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www-clerk-of-the-courtcom
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 1160 0000 38412402
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 021-2008 approving the request by the Momoe 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, Momoe County, Florida having Real Estate
Numbers 00211090.000000 and 00211100.000000.
Ordinance No. 022-2008 approving the request by the Momoe 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, Momoe 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, 00214960.000100 & part of 002 I 4970-000000.
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 000910 I 0.000000.
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 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
7005 1160 DODD 3841 2402
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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
Ernail Confirmation
Page 1 of2
FILED FOR RECORD
2009 JAM - 5 AI1IO: 50
AlHlY L. KOLHAGE
eLK. CIR. CT.
f'~lJi;pn[ (~OUNl'Y. fl A
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575.8652
iofQ.@.!I1!JIlk:9de....oom
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 1
Recorded: 8/1/2008 8:54:43 AM
We have received the following material through Hard Copy/Electronic.
Document Adoption
Ordinance No. 017-2008 7/16/2008
Ordinance No. 016-2008 7/16/2008
Ordinance No. 026-1999 6/9/1999
Ordinance No. 012-2008 3/19/2008
Ordinance No. 018-2008 8/20/2008
Ordinance No. 030-2008 12/8/2008
If you are sending the ordinances in electronic form and printed form, we assume
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Email Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
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~. MAilED FROM ZIP CODE 32310
Mr. Danny Kolhage
Clerk of Court
Monroe County, FL (County)
500 Whitehead Street
Suite 101
Key West, Florida 33040
33040+E:58i
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