Ordinance 003-2010
ORDINANCE
003
-2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE LAND USE DISTRICT
DESIGNATION FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS
13, 14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
1, PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00440100.000000
LOCATED AT 99101 OVERSEAS HIGHWAY, KEY LARGO,
APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is legally described as Lots 13, 14, 15, 16, 17 and 18,
Thompsons Subdivision, Section "A", according to the plat thereof, as recorded in Plat Book 1, Page
147, of the Public Records of Monroe County, Florida, having Real Estate Number 00440100.000000
located at 99101 Overseas Highway, Key Largo, approximate Mile Marker 99.1, at the Request ofMDJ
Investments, LLC.; and
WHEREAS, during a regularly scheduled meeting held on October 6,2009, the Development
Review Committee of Monroe County conducted a review and consideration of a request by MDJ
Investments, LLC for a land use district map amendment; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property held
on January 27, 2010, the Planning Commission conducted a public hearing and approved Resolution
P41-09 recommending approval to the Board of County Commissioners to amend the current Land
Use Map from Suburban Residential (SR) to Suburban Commercial (SC); and
WHEREAS, during a special public meeting conducted on February 22, 2010, the Monroe
County Board of County Commissioners conducted a public hearing to consider a request by MDJ
Investments, LLC, to transmit an ordinance to the Department of Community Affairs amending the
Future Land Use Map for real estate number 00440100.000000 from Residential Low (RL) to Mixed
Use / Commercial (MC) which transmittal was approved; and
BOCC Packet
MDJ Investments, LLC.
February 22, 2010
Page 3 of6
Current Land Use Map Amendment
WHEREAS, during a special public meeting conducted on February 22, 2010, the Monroe
County Board of County Commissioners conducted a public hearing to consider a request by MDJ
Investments, LLC, to amend the current land use district designation for the subject property from
Suburban Residential (SR) to Suburban Commercial (SC); and
WHEREAS, this Land Use District designation amendment will not become effective until a
notice is issued by the Department of Community Affairs or the Administration Commission
approving the corresponding Future Land Use Map amendment, a notice is issued by the DCA
approving this ordinance and until all appeal periods are exhausted; and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Findings of Fact and Conclusion of Law:
1. The proposed LUD amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan Goal 101 and Goal 105.
2. The proposed FLUM amendments are consistent with Sec. 102-158(d)(5)b.5. and Sec. 102-
158(d)(5)b.6. of the Monroe County Land Development Regulations, particularly
concerning 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' .
3. On July 23, 1976, the MC Zoning Board adopted Resolution 20-1975 approving a zoning
change to BU-l on the property with a special use permit approving retail sales for furniture
and clothing only.
4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing on Blocks
13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
5. Properties adjacent to the subject property to the south and west are Tier 1. Properties to
the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier 1. The
land use designation to the north is Mixed Use / Commercial (MC) Future Land Use Map
District.
6. The proposed LUD amendment is consistent with the Goals, Strategies and Action Items
from the Key Largo Livable CommuniKeys Plan, particularly Goal 1.
7. The proposed LUD amendment is consistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern pursuant to F.S. Sec. 380.0552(7).
8. The proposed LUD amendment is consistent with the surrounding land use district
designation of Sub Urban / Commercial (SC).
9. The proposed LUD amendment may affect local traffic, parking and circulation, but not
significantly. Most of the lot is disturbed with a number of large canopy trees remaining
and most of the understory plants have been removed and have been replaced with exotics.
Bacc Packet
MDJ Investments, LLC.
February 22,2010
Page 4 of6
Current Land Use Map Amendment
10. Most of the lot is disturbed with approximately five (5) canopy trees remaining. Most of
the understory plants have been removed and exotics exist on site. Approximately 10-15%
(2,700ft2 - 4,660ft2) of the lot is undisturbed hammock along Grouper Trail.
11. The proposed LUD amendment may have an effect on natural resources, but not
significantly.
12. The proposed LUD amendment may affect public facilities, but not significantly.
13. The proposed LUD amendment may affect solid waste, but not significantly.
14. The proposed LUD amendment may affect potable water, but not significantly.
15. The proposed LUD amendment may affect storm water, but not significantly.
16. The proposed LUD amendment may have an effect on redevelopment and infill potential.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
BOCC Packet
MDJ Investments, LLC.
The Board specifically adopts the findings of fact and conclusions of law stated
above.
The subject property located at Lots 13, 14, 15, 16, 17 and 18, Thompsons
Subdivision, Section "A", Monroe County, Florida Real Estate Number
00440100.000000, which is currently designated Suburban Residential (SR)
shall be designated Suburban Commercial (SC) as shown on the attached maps,
which are hereby incorporated by reference and attached as Exhibits 1 and 2.
The current Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
This Land Use District designation amendment will not become effective until a
notice is issued by the Department of Community Affairs or the Administration
Commission approving the corresponding Future Land Use Map amendment, a
notice is issued by the DCA approving this ordinance and until all appeal
periods are exhausted.
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.
All ordinances or parts of ordinance in conflict with this ordinance are herby
repealed to the extent of said conflict.
February 22, 2010
Page 5 of6
Current Land Use Map Amendment
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 regular meeting conducted on the 22nd day of February A.D., 2010.
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BOCC Packet
MDJ Investments, LLC.
Mayor Sylvia J. Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORID
BY
DANNY L. KOLHAGE, CLERK
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DEPUTY ERK
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Current Land Use Map Amendment
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I Exhibit 1 to Ordinance#
-2010 I
The Monroe County Existing Land Use Map is amended
as in dicated above.
Proposal: Existing Land Use change for RE 00440100-000000
from Suburban Residential (SR) to Suburban Commerical (SC)
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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
MARA THaN, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
February 25,2010
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 00003841 2228
Dear Ms. Cloud,
Enclosed are certified copies of the following Ordinances:
Ordinance No. 002-2010 amending the Land Use District designation on county-owned
lands from Commercial Fishing District (CFD) to Conservation District (CD) for parcels having
real estate numbers 00442620-000000 to 00442640-000000; from Improved Subdivision (IS) to
Conservation District (CD) for parcels having real estate numbers 00117530-000000 (part),
00117560-000000 (part), 00169770-000000, 00169840-000000, 00169850-000000,
00170960-000000, 00171160-000000 to 00171220-000000, 00171240-000000 to
00171270-000000, 00177000-000000, 00177400-000000,00177610-000000, 00177620-000000,
00177960-000000, 00316370-000000, 00316380-000000, 00442650-000000 to
00442730-000000, 005515380-000000 to 00552010-000000; from Improved
Subdivision/Duplex (IS-D) to Conservation District (CD) for parcels having real estate numbers
00481320-000000, 00481340-000000; from Native Area (NA) to Conservation District (CD) for
parcels having real estate numbers 00117530-000000 (part), 00117560-000000 (part),
00170910-000000 to 00170950-000000; from Suburban Commercial (SC) to Conservation
District (CD) for parcels having real estate numbers 00111260-000000, 00111270-000000,
00111880-00003, 00111880-000300, 00111890-000000, 00111940-000000; from Suburban
Residential (SR) to Conservation District (CD) for parcels having the real estate numbers
00115510-000600,00115520-002300, 00177340-000000,00177350-000000, 00200680-000000,
00516830-000000, 00517080-000000, 00519320-000000; from Suburban Residential Limited
(SRL) to Conservation District (CD) for a parcel having real estate number 00118110-000200
located throughout Monroe County, Florida.
Ordinance No. 003-2010 amending the Land Use District designation from
Suburban Residential (SR) to Suburban Commercial (SC) for property legally described
as Lots 13, 14, 15, 16, 17 and 18, Thompsons Subdivision, Section "A" according to the
Plat thereof, as recorded in Plat Book 1, page 147, of the Public Records of Monroe
County, Florida, having real estate number 00440100.000000 located at 99101 Overseas
Highway, Key Largo, approximate mile marker 99.1.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Special Meeting, held in formal session, on February 22, 2010.
Please file for the record. Should you have any questions please feel free to contact me at
(305) 295-3130.
Respectfully submitted,
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: Growth Management
County Attorney
File
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or on the front if space permits.
1. Arti~'e Addressed to:
I.,a C:C..tCtD
:)gram Administrator
.:.~dministrative Code and Weeklv
R.A. Gray Building ·
500 South Bronaugh Street
~ra!lahassee, Florida 32399-0250
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7005 1160 0000 3841 2228
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FLORIDA DEPARTMENT Of STATE
CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING
Governor Secretary of State
March 2, 2010
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 February 25, 2010 and certified copies of Monroe County Ordinance Nos. 002-2010 and
003-2010, which were filed in this office on March 1, 2010.
Sincerely,
(.. ....st::_2e5_ eh:)„c„s
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Liz Cloud Qum ri s o
Program Administrator rnxt--c =o
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DIRECTOR'S OFFICE
R.A.Gray Building • 500 South Bronough Street •Tallahassee,Florida 32399-0250
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