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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 ~"" ./ ,,,I.-,Y AT ", ,y L. KOLHAGE, CLERK C7~ DEPUTY CLERK :z: . ::;..'")C")~.. ~C:: ....'~ o n ...... N o :.f ('"~, . :Tl " ~ - "T1 r " " (-- w U1 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 ~i~rg~ ~ g ]i~~ j~i ~3~ ~ U II ~ ~: .: (Q~ ~~ ~~. ~ :T!(/) h::; ~". ~~ ::;.:; ~ : ig a; en 3= ~l&' s~' m' Cf) !::.< "'" m\-" I lD CDim tlJ- - 131:. :!!:~ E 0:0 -- ~ic.g O;cc'r' Sl)!'::I'! 'en: [q g j ta CD : Cfl-i o , ~ i 1 \ 02-1 , L: :';?~?.''' ':; ") '(,~, :~t;' ;i).l' :B; tr ~ J ..~ ~.:~'J,:,~,.;~'~~:.;-' ~.~ y~ 1 c =='U l~1,~. ,~,~~:_ ~.~ ~l= c- ~ d m ~ :;-<:Ji ~~ os ~q i~ ~ ~ ~ c; 1~ ~; ~'~f :E "! ~: ~ g>>g ~ ~.2~ ,:,:",Mt ,,~ ~ .:;;;.. rn (jj ~~ C),~Ll .:< w6 Q) <<l,jS .g (j E ""E~,2', "c ~~e.!! Q) i520"C~~f:ab~ (!)~ -cillJ{/)C'- u ",~w~.."..c 2c ~!,8.~l:1 ~ ~ 0 9* ~,g"ooO ;;:0 ""'~ ,,"' "' i~i3'"1;t1i~~ ~a; -1j8j=o .. ,,"'"'" E'"liE _" ..roo 10= ~ 1;; ~ ~ 0.'= .9.~iii'.':1;; .0.1' o."'iil :l'!!! .~~ ";::; C 000 QlC:Ql-9-8. >,...... "05'- m= c...... ...... cu -1:1 t:lw-Q) tOG) OOl.!:S....O 'ffi.! 8Eow~&~~gcE E.~~.~~:t:~ .. 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I: (Xl n po po co po N " t1l2:~5iiiS' ~ " [fJ ,,'< I creon"!!'" ~ " [fJ 0 Cl :J 0 ~ r>> ~ " ~ ' '" '" " co,.... -a:J 3::J. 1I> ~ '" 0 " 0 :::;: eDgrn Sf ~. 0 " ..... " R ~ S~I!lll.:-' c N ..;"" ""'0- '" f ,.... t""l::r' p.... o:t3C.ol'l -< ..... CD (D :;:ll ~~ '" rt WOO" 'd ig-CD~~a. 0 0 Nrt"" " i< w" 0 3 ~g f" 0 ""'" "" ;::;:oa~ur~ N ""'" " fIl ;::.... g a. (Il 0- I rt po :r 0 !Jl 0 ~ 0 El tD,< :7--8 N [~ ~ ~~ "" '" il> 0 0 0- E' 0 El "2. CD i 3 ..... ~ il 1I> ~ lJ1 " !> 1I> o' ""' '" a ""' c 0- 3 0 l>- f" P !l' >< )> '" ~ 0 I ~lP[ ::;;0" '" [fJ .:i!i: ~ ",. 0 0 ~ "S 0 sn <" ~ 0 H!~ (') o~ a ~ ~ UJ ~ ~ r- " '" ! "- ~ ~ <' ""' i ODD ~ " ~ nJ g~~ " ~ ii' ::0 ~ 0 !=>3~ nJ ~ "'it m !i: L 0 ~ ;! 0; ~ N 0 ~ DO ~ ~ 0 a=if <; 'F ~ * " ~. . ~ U) :c - .5 OJ '<t t) .. + ..... ~-. a. .... N .... .. j: 0 - \.. "0 0 .. ( C U) <X> - rr III .-'< '" .- - .; '"' I U) OJ - l!:! M .-'< .... - "0 U t) 0 - "0 0 '" III >, t) '" - ~ ... C C <1l 0 H .- " ::c <X> <0< III 0 '" C U . - ... - ~ P-< U) - ::J OJ ~ OJ g, 0 .. 0 ;3 - W '"' C '" u - C ... >, .. ffi C 0 ... 0 OJ .C :>: ..: P-< ~ C. - CIl Cll -' U) ~ III - Cll -- 0 ii: .- a. t.: VJ Cll W "0 ~ C tiJ Cll CIl 0 . ~ z ::> CHARLIE CRIST Governor ~go.WJl~ ~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. ...,.. '-0 co ::z:: 1> ~n?: ,_I.-"~- ;~, t ~r: --. ,..., = = 0:> ... 0 " -t N I.D ; - :3 - Cf! 0 OJ Sincerely, Liz Cloud Program Administrator -;1 LC/srd 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 the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. . You can also "GO GREEN" and reduce the number of supplemellt copies you receive or just get a PDF of the supplement to pnnt your own copies.. .asK us how - email info@municode.com. . Update the internet version of your Code more often tha[l a printed supplement. We can update the Internet quarterly, montnly, even weekly. For additional information email iJlf9@mLlni<:o9~.com. . We can post newly enacted ordinances In the online Code after each meeting. E-mail usformoreinformationatinfomunicode.com. . Automate your agenda and comp ete egis ative process. Visit MCCi for more information. http:l7wVV\l\l.mccinnovati9ns.com/produ<:ts/ag~nda.asp . We can provide r;I solutionforDoG.urllent a(ld Rec()rasMa-nagement, imaging or scanning services. Contact us tor more 1I1formatlon at inf~@mccinnovations.com or visit MCCi. . 81 inQQpt yO\! .doWX11 '!Wed can .p'[ovide invoic~ and st~tement QrintinQ and procEl'SSlng utility bills an tax Dills. For more Information emall us ar . ~~~~cg~~fuP~~:'fgW"anage your Contracts? Visit MCCi's website to learn more about automating your contract management processes. ]\I1CCi . Ever need to search in several online Codes for a sample ordinance? Try our Multiple Code Searching. For more information email us at info@ml,Jnicod~.<:om. . We can do more than just codes... Please visit our Company On-line Brochure at: http://www.municode.com/aboutlbrochure. pdf ,el Copyright 2005 MCC. All riehts reserved. hup :llintranet.rnunicode.comlbis/Recording! acknow ledgePrint.asp?j obid=94 397 &print=tr... 12/3012008 Email Confirmation Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316 "...,~ POs~ " ~ ~ .' g(U;::-:7"" _' ::5 . : 5 ~ -- nlNlVBOW'-S :: . . 02 1M $ 00.420 l/J 0004213441 DEe 30 2008 ~. 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 /"1/."1',1/""1"/11,,,,1/,,,',',1,,/,,,,'/,,',/,1/,,,,1,11 ,~ / http://intranet.municode.comlbis/RecordinglacknowledgePrint.asp?jobid=94397 &print=tr... 12/30/2008