The URL can be used to link to this page

Ordinance 006-2009ORDINANCE NO.006 -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY EL EL SI LLC TO AMEND THE LAND USE DISTRICT DESIGNATION FROM URBAN RESIDENTIAL MOBILE HOME (URM) TO MIXED USE (MU) OF PROPERTY LEGALLY DESCRIBED AS ISLAND OF KEY LARGO PB1- 59 PT LOTS 9 & 10 & .71 AC BAY BTM, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00091090.000000. WHEREAS, during a regularly scheduled public meeting held on March 18, 2009, 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 of EL EL SI, LLC, to amend the subject property's current land use designation from Urban Residential Mobile Home (URM) to Mixed Use (MU); and WHEREAS, in the map amendment application to the Planning & Environmental Resources Department, received April 3, 2008, the Applicant requested that the current land use map designation of one (1) parcel identified as Real Estate Number 00091090.000000, be amended from Urban Residential Mobile Home (URM) to Mixed Use (MU); and WHEREAS, at its May 6, 2008 meeting in Marathon, the Monroe County Planning Commission reviewed the application and recommended approval of a request filed by The Craig Company / Hershoff, Lupino & Yagel, on behalf of EL EL SI, LLC, to amend the subject property's current land use designation as indicated in PC Resolution P 18-08; and WHEREAS, during a special scheduled public meeting held on May 23, 2008, the Monroe County Board of County Commissioners transmitted a FLUM amendment to the Department of Community Affairs for The Craig Company / Hershoff, Lupino & Yagel, on behalf of EL EL SI, LLC, to amend the subject property's Future Land Use Map from Residential High (RH) to Mixed Use / Commercial (MC); and WHEREAS, at a regularly scheduled public meeting on October 15, 2008, the Monroe County Board of County Commissioners adopted the proposed FLUM amendment by Monroe County Ordinance 26-2008; 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 to amend the FLUM pursuant to Resolution 18-08; 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, PB 1-59 Pt Lots 9 & 10 & .71 Ac Bay Btm, Monroe County, Florida, having Real Estate Number 00091090.000000; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact and Conclusions of Law: l . § 102-158(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 2. Pursuant to § 102-158(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 3. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 4. The proposed FLUM amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Goal 102 of the Monroe County Year 2010 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. b. 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. Page 2 of 5 c. Objective 10 1. 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. d. 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. 5. The map amendment is consistent with the provisions and intent of Chapter 102 of the Monroe County Code: a. MCC Section 102-158 prohibits any map amendments that would negatively impact community character. b. MCC Section 102-158(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. The proposed current land use designation will not adversely affect natural resources. d. The proposed current land use designation may have an insignificant effect on traffic circulation. e. The proposed current land use designation amendment may have an insignificant effect on solid waste. f. The proposed current land use designation amendment may have an insignificant effect on potable water. g. Staff has determined that the proposed map FLUM amendment is consistent with MCC Sec. 102-158(d)(5)b: (i) Changed projections, (ii) Changed assumptions, and (v) Recognition of a need for additional detail or comprehensiveness. 6. 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 §102-158(a) of the Monroe County Code; and 7. The proposed map amendment is consistent with the Principles for Guiding Development and not inconsistent with any principle in the Florida Keys Area of Critical State Concern; and Page 3 of 5 NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property, which is currently designated Urban Residential Mobile Home (URM) shall be designated Mixed Use (MU) as shown on the attached maps, which are hereby incorporated by reference and attached as Exhibits 1 and 2. Section 3. The Current 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. THIS SPACE LEFT BLANK INTENTIONALLY Page 4 of 5 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 181h day of March A.D., 2009. s, ' TTE:ST: Mayor George Neugent No Mayor Pro Tem Sylvia Murphy Yes Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA BY '�` L4� Mayor George Neugent It DANNY L. KOLHAGE, CLERK DEPUTY CILERK Q C 7 U- U-j 0: tE C.? M-- W tJ V2 W --j CZ -< Cj _.j U- al MONROE COUNTY 0 ORNEY — APPROV A ORM Oa •: Page 5 of 5 Exhibit 1 to Ordinance# -2009 The Monroe County Existing Land Use is amended as indicated above. Exhibit 1 RE 00091090-000000 - Change Existing Land Use Designation N from Urban Residential Mobile Home (URM) to Mixed Use (MU). )k a �0.0 pN tt...fl icy P8k �'a Q.N Y'5 2. r i 1 uu � U 61D " a MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 � U GOUN-rp cwoiF•,OG P� U N o- y�oF cowv.4 Fro CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Ms. Cloud, April 2, 2009 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 Via Certified Mail 7005 1160 0000 3841 2105 Enclosed are certified copies of the following Ordinances: Ordinance No. 004-2009 amending Section 23-197(A) and 23-200 (A) and (B) of the Monroe County Code. Ordinance No. 005-2009 approving a request by Seafarer Resort LLC to amend the Land Use District: Designation from Suburban Residential (SR) to Mixed Use (MU) for property legally described as Island of Key Largo PT Lot 10, Monroe County Florida, having real estate number 000910 10. 000000. Ordinance No. 006-2009 approving a request by E1 El SI, LLC to amend the Land Use District Designation from Urban Residential Mobile Home (URM) to Mixed Use (MU) for property legally described as Island of Key Largo PB 1-59 Pt Lots 9 & 10 & .71 AC Bay Btm, Monroe County, Florida, having real estate number 00091090.000000. Ordinance No. 007-2009 repealing and rescinding Ordinance No. 023-2008 adopting a Comprehensive Plan amendment changing Policy 101.4.21 to allow density for affordable housing to be calculated using gross acreage; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Department of Community Affairs and the Secretary of State; providing for an effective date. Ordinance No. 008-2009 amending Section 102-158 of the Code of Ordinances concerning amendments to the Land Development Regulations, Land Use District Map and Future Land Use Map; providing for a method of protest for Land Use District Map and Future Land Use Map changes; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Department of Community Affairs, providing for codification and for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on March 18, 2009. 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: Municipal Code Corporation 004-2009 only Growth Management Tourist Develpment Council 004-2009 County Attorney BOCC File MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 330,40 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 COUNTY U F•. N :4K •' o O�OF COUNTS 1 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com April 16, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Fax (850) 245-6283 Dear Ms. Cloud, BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 Attached are corrective first pages for Ordinance Nos. 005-2009 and 006-2009. These Ordinances were sent to you on April 1, 2009, and were listed in the cover letter correctly; however, the numbers on the documents themselves had the year 2008. 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: File LO * ' ru COPo.s to i � ~ O Certified F C7 Return Receipt =, (Endorsement Requii e stmark O Restricted Delivery I s Ckere (Endorsement Re r—1 quin �c &I Total P ' osta g Fe,3r, Lr Sent Pro( ro r r- kTU- -�i'ia:iive o e arao ------- Str+eet, Apt.-- 1 i i�� F } ii e e or Pp Box N ----------- �00 Scyutl� �3rono -----. --.......... O .._. .----.-ugh Street r1: State, Z I I .._.------- --- _ "a 'SE 16, Florida • 'C �IIII 32399�0250 _... ■ Complete items 1,,2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Nam C7 I C. Date of Delivery D. Is delivery address different item 1? ❑Yes If YES, enter alive low: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida''32399-0250 y 1c) FrV C, 3. s Ice Type ;''� L9 Certified Mail Exp ail ❑ Registered ❑ Insured Mail ❑ Ret!�celpt for Merchandise ❑ C.O 4. Restricted Delivery? (Extra ❑ Yes 0 0 e 2. Article Number (transfer from servic 7 0 0 5 1160 0000 3841 210 5 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CHARLIE CRIST Governor April 7, 2009 STATE LIBRARY AND ARCHIVES OF FLORIDA 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: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 2, 2008 and certified copies of Monroe County Ordinance Nos. 005-2008, 006-2008, 007-2009 and 008-2009, which were filed in this office on April 6, 2009. Sincerely, \ u V21 r1rYv� Liz Cloud Program Administrator LC/srd C)rn . soft fir... m. DIRECTOR'S OFFICE R.A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 . FAX:850.245.6795 850.245.6270 • FAX: 850.245.6282 FLORIDA DEPARTMENT Of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State November 10, 2009 CORRECTED LETTER 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 April 2, 2009 and certified copies of Monroe County Ordinance Nos. 004-2009, 005-2009, 006-2009, 007-2009 and 008-2009, which were filed in this office on April 6, 2009. Sincerely, Liz Cloud Program Administrator LC/srd- -- DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://diis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 . FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282