Ordinance 019-2009
ORDINANCE NO. 019 -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
LLOYD A. GOOD, JR., TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM RESIDENTIAL CONSERVATION
(RC) TO MIXED USE / COMMERCIAL (MC) FOR A PORTION OF
PROPERTY LEGALLY DESCRIBED AS SECTION 3 TOWNSHIP 67
RANGE 27 SUGARLOAF KEY PT LOT 3 & PT LOT 4 HAVING
REAL ESTATE NUMBER 00118420.000000; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a special scheduled public meeting held on June 2, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration of a
request filed by Lloyd A. Good, Jr., to amend the subject's property Future Land Use Map
(FLUM) designation from Residential Conservation (RC) to Mixed Use / Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and the
Land Development Regulations of the Monroe County Code; and
WHEREAS, the BOCC voted to transmit the proposed FLUM amendment to the Florida
Department of Community Affairs on January 26, 2009; and
WHEREAS, the subject property is located at 17001 & 17075 Overseas Highway,
Sugarloaf Key, Florida, Mile Marker 17 and is legally described as Section 3 Township 67
Range 27 Y67703-03 Sugarloaf Key PT Lot 3 & PT Lot 4 having real estate number
00118420.000000 and Section 34 Township 66 Range 27 Y66734-02 Sugarloaf Key PT Lot 3
having real estate number 00117930.000000; and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received June 26, 2008 the Applicant requested that the Future Land Use
Map (FLUM) designation of one (1) parcel identified as Real Estate Number 00118420.000000
be amended from Residential Conservation (RC) to Mixed Use / Commercial (MC).
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for real estate number 00118420.000000 and
only on the triangular portion located 110 feet west of Bat Tower Road near U. S. 1.
2. Goal 101 manages future growth to enhance the quality of life.
3. Objective 101.4 maintains the community characters and protects natural resources
by regulating future development and redevelopment.
3
4. Policy 101.4.5 establishes the Mixed Use / Commercial FLUM criteria.
5. In accordance with MCC Sec. 102-158(d)(5)b., the BOCC has used criteria specified
therein for the adoption of an ordinance enacting the proposed change based on one
(1) or more of the following factors: changed projections (e.g., regarding public
service needs) from those on which the text or boundary was based; changed
assumptions (e.g., regarding demographic trends); data errors, including errors in
mapping, vegetative types and natural features described in volume I of the plan;
new issues; recognition of a need for additional detail or comprehensiveness; or data
updates.
6. Staffhas determined that the proposed map amendment is in accordance with MCC
Section 102-158(d)(5)b(v) Recognition of a need for additional detail or
comprehensiveness.
7. For the purposes of reviewing consistency of the adopted plan or any amendments to
that plan with the Principles for Guiding Development and any amendments to the
principles, the principles shall be construed as a whole and no specific provision
shall be construed or applied in isolation from the other provisions. Staff finds
proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle.
8. The proposed area is cleared and scarified and will not significantly affect natural
resources.
9. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character.
10. Staffhas determined the proposed future land use map designation to Mixed Use /
Commercial (MC) will not adversely change community character.
11. The proposed FLUM amendment is less than 400 ft2 and will have no additional
impact on density/intensity.
12. Local roads are already in place and have been well maintained.
13. The area is scarified. Effects on natural resources are not anticipated.
14. The proposed FLUM amendment will encourage commercial development to remain
on disturbed lands rather than encroaching on environmentally sensitive area.
15. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County
indicates a LOS of"D" on SugarloafKey (MM 16.5 to MM 20.5). Applications for
new development located within backlogged or constrained segments are required to
undergo a thorough traffic analysis as part of the review process.
16. The FLUM amendment may have an insignificant affect on solid waste.
4
17. The 100 gallons per person per day of potable water is commonly accepted as
appropriate and is reflected in Policy 701.1.1 of the Monroe County Year 2010
Comprehensive Plan.
18. MCC Section 114-4 requires that all developments retain stormwater on site
following Best Management Practices (BMP's).
19. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and
will encourage infill development to remain on already existing developed land.
WHEREAS, the 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 December 16, 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:
Section1. 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
Conservation (RC) shall be designated Mixed Use / 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.
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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
SIGNATURE PAGE TO FOLLOW
5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yes
Yes
Ye~
Ye~
Ye~
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLOR~A \/\ J......
BY ~~L.c 0 J~'e.{f ..
Mayor George Neugent
(SEAL) ;
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change for a portion of RE 00118420-000000
from Residential Conservation (RC) to Mixed Use/Commerical (MC)
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The Monroe Canty Future Land Use Map is proposed to Mang,,r
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BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
August 7, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2181
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 018-2009 approving the request by Roseann & Rudolph Krause, Trustees
to amend the Future Land Use (FLUM) designation from Residential Low (RL) to Mixed
Use/Commercial (MC) for property legally described as Section 31, Township 66 South, Range
29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number as
00114150.000400 and a portion of property legally described as Section 31, Township 66 South,
Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number
00114150.000000; Providing for severability and repeal of inconsistent provisions; Providing for
transmittal to the Department of Community Affairs; Providing for an effective date.
Ordinance No. 019-2009 approving the request by Lloyd A. Good, Jr., to amend the
Future Land Use Map (FL UM) designation from Residential Conservation (RC) to Mixed
Use/Commercial (MC) for a portion of property legally described as Section 3, Township 67,
Range 27, Sugarloaf Key, Pt Lot 3 & Pt Lot 4, Monroe County, Florida, having Real Estate
Number 00118420.000000; Providing for severability and repeal of inconsistent provisions;
Providing for transmittal to the Department of Community Affairs; Providing for an effective
date.
These Ordinances were previously submitted to you with the wrong Ordinance
numbers of Ordinance No. 018-2008 and Ordinance No. 019-2008. Please file these
corrective Ordinances into the 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
These Ordinances were previously submitted to you with the wrong Ordinance
numbers of Ordinance No. 018-2008 and Ordinance No. 019-2008. Please file these
corrective Ordinances into the 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 theSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON SLIVERY
Growth Managem, • Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑
County Attorney • Print your name and address on the reverse X t
El Agent
BOCC so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to The back of the mailpiece,
File or on the front if space permits.
1. Article Addressed to: D. IsIsx delivery addressyy differenten��fromfrp�, item 1? 0 Yes
Or l.:3 S"A'9"R�w: ❑No
Program Administrator AUG 13 1009
Administrative Code and Weekly
R.A. Gray Building
°,00 South Bronough Street 3. Syrvice Type
-.Ilahassee, Florida 32399-0250 ill Certified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
°j/ L v I / 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1160 0000 3841 2181
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service,,
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or on the front If space permits.
1. Article AddfeSS8d to:
Program Adm\n\stratar
Administrative code and Weekly
R.A. Gray BuHd\ng
'100 South Bronaugh Street
"l\1ahassee, Florida 32399-0250
~ .'f~'o'1
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C. Date of Delivery
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2. Article Nurnbel'
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FLORIDA DEPARTMENT or STATE.
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
August 18,2009
Honorable Danny L. Kolhage
Cierk 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
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated August 7, 2009 and certified copies of Monroe County Ordinance Nos. 018-2009 and 019-
2009, which were filed in this office on August 13,2009.
Sincerely,
~~
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florid.l 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
ST ATE 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
ORDINANCE NO. 019 -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
LLOYD A. GOOD, JR., TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM RESIDENTIAL CONSERVATION
(RC) TO MIXED USE / COMMERCIAL (MC) FOR A PORTION OF
PROPERTY LEGALLY DESCRIBED AS SECTION 3 TOWNSHIP 67
RANGE 27 SUGARLOAF KEY PT LOT 3 & PT LOT 4 HAVING
REAL ESTATE NUMBER 00118420.000000; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a special scheduled public meeting held on June 2, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration of a
request filed by Lloyd A. Good, Jr., to amend the subject's property Future Land Use Map
(FLUM) designation from Residential Conservation (RC) to Mixed Use / Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and the
Land Development Regulations of the Monroe County Code; and
WHEREAS, the BOCC voted to transmit the proposed FLUM amendment to the Florida
Department of Community Affairs on January 26,2009; and
WHEREAS, the subject property is located at 17001 & 17075 Overseas Highway,
Sugarloaf Key, Florida, Mile Marker 17 and is legally described as Section 3 Township 67
Range 27 Y67703-03 Sugarloaf Key PT Lot 3 & PT Lot 4 having real estate number
00118420.000000 and Section 34 Township 66 Range 27 Y66734-02 Sugarloaf Key PT Lot 3
having real estate number 00117930.000000; and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received June 26, 2008 the Applicant requested that the Future Land Use
Map (FLUM) designation of one (1) parcel identified as Real Estate Number 00118420.000000
be amended from Residential Conservation (RC) to Mixed Use / Commercial (MC).
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for real estate number 00118420.000000 and
only on the triangular portion located 110 feet west of Bat Tower Road near U. S. 1.
2. Goal 101 manages future growth to enhance the quality of life.
3. Objective 101.4 maintains the community characters and protects natural resources
by regulating future development and redevelopment.
3
4. Policy 101.4.5 establishes the Mixed Use / Commercial FLUM criteria.
5. In accordance with MCC Sec. 102-158(d)(5)b., the BOCC has used criteria specified
therein for the adoption of an ordinance enacting the proposed change based on one
(1) or more of the following factors: changed projections (e.g., regarding public
service needs) from those on which the text or boundary was based; changed
assumptions (e.g., regarding demographic trends); data errors, including errors in
mapping, vegetative types and natural features described in volume I of the plan;
new issues; recognition of a need for additional detail or comprehensiveness; or data
updates.
6. Staff has determined that the proposed map amendment is in accordance with MCC
Section 102-158(d)(5)b(v) Recognition of a need for additional detail or
comprehensiveness.
7. For the purposes of reviewing consistency of the adopted plan or any amendments to
that plan with the Principles for Guiding Development and any amendments to the
principles, the principles shall be construed as a whole and no specific provision
shall be construed or applied in isolation from the other provisions. Staff finds
proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle.
8. The proposed area is cleared and scarified and will not significantly affect natural
resources.
9. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character.
10. Staffhas determined the proposed future land use map designation to Mixed Use /
Commercial (MC) will not adversely change community character.
11. The proposed FLUM amendment is less than 400 ft2 and will have no additional
impact on density/intensity.
12. Local roads are already in place and have been well maintained.
13. The area is scarified. Effects on natural resources are not anticipated.
14. The proposed FLUM amendment will encourage commercial development to remain
on disturbed lands rather than encroaching on environmentally sensitive area.
15. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County
indicates a LOS of"D" on SugarloafKey (MM 16.5 to MM 20.5). Applications for
new development located within backlogged or constrained segments are required to
undergo a thorough traffic analysis as part of the review process.
16. The FLUM amendment may have an insignificant affect on solid waste.
4
17. The 100 gallons per person per day of potable water is commonly accepted as
appropriate and is reflected in Policy 701.1.1 of the Monroe County Year 2010
Comprehensive Plan.
18. MCC Section 114-4 requires that all developments retain stormwater on site
following Best Management Practices (BMP's).
19. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and
will encourage infill development to remain on already existing developed land.
WHEREAS, the 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 December 16, 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:
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 Residential
Conservation (RC) shall be designated Mixed Use / 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.
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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
SIGNATURE PAGE TO FOLLOW
5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLOR~A V\ ...L..
BY ~~L... 0 J~,e.{f ..
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change for a portion of RE 00118420-000000
from Residential Conservation (RC) to Mixed Use/Commerical (MC)
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FLORIDA DEPARTMENT or STATE
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 18,2009
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 June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through
022-2009, which were filed in thIS office on June 15,2009.
S~ewuc;)
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DI\llCTOR'S OFFl(;E
Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0
850.L45.6600 .. FAX: 850.215.673:i .. TDD: 850.9?2.4085 .. hti,.llrllis.dos.state.f1.us
COMMUNITY DEVEI.OPMEN T
850.245.6600 .. FAX: tiSJ.245.6fA3
-' ",HE LiBf,ARr' OF FVJRIDA
85.') :? 45.660G to FA-'X: 850.2< 5.6744
STATE ARCHIVES OF FLORIDA
850.2'L56700 .. FAX: 250.4S8.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 .. FAX: f,;).488.9879
kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES
850 -'45.6750 '" FAX: 850.)'-:':6:t)5
ADMINISTRATIVE CODE AND WEEKLY
850.//;; 62~O .. FAX: 850.24).6282
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