Ordinance 015-1998
BOCC ORDINANCE NO. 015-19~8
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS RESCINDING ORDINANCE
#006-1997 AND APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING DEPARTMENT TO
CHANGE THE OFFICIAL LAND USE DISTRICT
(ZONING) MAP FROM SUBURBAN RESIDENTIAL (SR)
TO IMPROVED SUBDIVISION (IS) FOR PROPERTY
DESCRIBED AS BLOCK 4, LOTS 1-6 AND BLOCK 5,
LOTS 1-6 AND 10, HARBOR SHORES SUBDIVISION
LOCATED AT MILE MARKER 99 IN SECTION 32,
TOWNSHIP 61 SOUTH, RANGE 39 EAST AND HAVING
THE REAL ESTATE IDENTIFICATION NUMBERS
00522000, 00522010, 00522020, 00522030,
00522040, 00522050, 00522060, 00522070,
00522080, 00522090, 00522100, 00522110, AND
00522150.
WHEREAS, Section 9.5-511(c), Monroe Countv Code of Ordinances
(MCC), provides that the land development regulations (Chapter
905 of the MCC), including the land use district (zoning) maps
may be amended or changed at any time; and
WHEREAS, the Board of County Commissioners adopted the land
use district maps on February 28, 1986, and designated the above
described properties as Suburban Residential (SR); and
WHEREAS, the Monroe County Board of County Commissioners,
during a regular meeting held on February 19, 1997, adopted
Ordinance #006-1997 approving a request filed by the Monroe
County Planning Department to change the land use district
(zoning) map from Suburban Residential (SR) to Improved
Subdivision (IS) for all properties described above; and
WHEREAS, it has been determined that Ordinance #006-~9(b ~ n~
in compliance with Florida Statutes because it was ad~~ b&fJre
the necessary Future Land Use Map amendment was adopte~;;~d;g ~
(""), r- I\:) ."
WHEREAS, the Monroe County Board of County Cdffi~si~e~,
during a regular meeting held on April 8, 1998, ~o1iiiucpeC;; a
review and consideration of a land use (zoning) ~fame'"1td1Tle1lt
request initiated by the Monroe County Planning D~a~me~ ~r
the above-described properties from Suburban Reside~icfit ~)::oto
Improved Subdivision (IS); and 0
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed land use district (zoning) map changes
and recommend approval; and
WHEREAS, during the amendment process,
Committee, after due notice and public
the Development
participation
Review
in the
HRBRSHS.99F/TXTAMAP
1
Ini t ial s 1/t1.
hearing process, has reviewed the proposed land use district
(zoning) map change and recommends approval; and
WHEREAS, during the amendment process, the Monroe County
Planning Commission, sitting as the local planning agency, after
due notice and public participation in the hearing process, has
reviewed the proposed land use district (zoning) map change and
the recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
approval; and
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has
reviewed all of the above recommendations; and
WHEREAS, the Monroe County Board of Commissioners, adopts the
following FINDINGS OF FACT:
1. Harbor Shores Subdivision was platted in 1954 and serviced by
a potable water supply by 1986, according to the county plat book
and FKAA records.
2. The lots along West Canal Drive were filled as evidenced by
1949 and 1959 Department of Environmental Protection aerial
photographs.
3, West Canal Drive has been a dedicated county road since 1954,
according to the County's Director of Roads and Bridge.
4. The 1985 Existing Conditions Maps depict the properties in
Blocks 4 and 5 of Harbor Shores Subdivision as undisturbed
saltmarsh and buttonwood.
5. According to site visits performed by the Director of
Environmental Resources, Block 4, Lots 1- 3 and Block 5, Lots 2
and 3 are disturbed wetlands. Lots 7 and 8 of Block 5 are
disturbed with mangrove and disturbed with saltmarsh and
buttonwood. Lot 9 of Block 5 is undisturbed mangrove wetland,
6. Section 9.5-213, MCC and Policy 101.4.3 of the 2010
Comprehensive Plan state that Residential Medium/Improved
Subdivision lots are ones that meet the following criteria:
(a) were served by a dedicated and accepted existing road;
(b) had approval for FKAA to provide potable water; and
(c) had sufficient uplands to accommodate a home.
7. Policy 101.4.2 of the 2010 Comprehensive Plan states that the
Residential Low land use category is to provide for low-density
residential development in partially developed areas with
substantial native vegetation.
8. Existing homes on Blocks 4 and 5 of Harbor Shores Subdivision
are of medium-density.
HRBRSHS.99F/TXTAMAP
2
Initials -.ill..-
9. During the 2010 Comprehensive Plan process, the BOCC directed
staff to maintain consistency between the zoning and Future Land
Use Maps in order to minimize conflicts between future land uses
and existing land uses.
10. The current Future Land Use designation for Blocks 4 and 5
of Harbor Shores Subdivision is Mixed Use/Commercial.
11. Policy 101.4.22 establishes that the Improved Subdivision
zoning category is consistent with the Residential Medium future
land use category and that the Suburban Residential zoning
category is consistent with the Residential Low future land use
category.
12. The uses surrounding Blocks 4
Subdivision consist of single-family
densities and vacant lands.
and 5
homes
of Harbor
built at
Shores
medium
13. Actual development potential for the vacant lots in Blocks 4
and 5 are determined by existing wetlands regulations pursuant to
Section 9.5-261, MCC and Policies 203.1.3 and 204.2.1 of the 2010
Comprehensive Plan.
WHEREAS, the Monroe County Board of Commissioners adopts the
following CONCLUSIONS OF LAW:
1 . Block 4 and Lots 1- 6 and 10 of Block 5 of Harbor Shores
Subdivision meet the purpose of Residential Medium and Improved
Subdivision and their designation as such is consistent with the
overall goals, objectives and policies of the 2010 Comprehensive
Plan. (Findings of Fact 1, 2, 3, 7, 8, 12 and 13)
2. An error occurred in designating Blocks 4 and 5 of Harbor
Shores Subdivision as undisturbed saltmarsh and buttonwood on the
1985 Existing Conditions Maps. (Findings of Fact 4 and 5)
3. An error occurred in designating Blocks 4 and 5 of Harbor
Shores Subdivision as Mixed Use/Commercial on the Future Land Use
Maps. The designations should be consistent with the existing
land use. (Findings of Fact 9 and 10)
4. The undisturbed mangrove wetland lots in Blocks 4 and 5 of
Harbor Shores Subdivision remain unbuildable under any Future
Land Use or zoning designations. However, Future Land Use
category for Block 5, Lot 9 should be amended to Residential Low
to maintain consistency with its current zoning of Suburban
Residential. (Findings of Fact 6, 9, 11 and 13)
5. Lots 7 and 8 of Block 5 should be designated as Residential
Medium on the FLUM in order to be consistent with the existing
Improved Subdivision zoning. (Finding of Fact 10)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA: THAT
HRBRSHS.99F/TXTAMAP
3
Initials "~
Section 1. This Board specifically adopts the findings of fact
and conclusions of law stated abovej and therefore
Section 2. The previously described properties are currently
designated Suburban Residential (SR) and Improved Subdivision
(IS), as shown on the attached map, which is hereby incorporated
by reference as exhibit 1.
Section 3. Block 4, Lots 1-6 and Block 5, Lots 1-6 shall now
be designated as Improved Subdivision (IS).
Section 4. The Land Use District Map shall be amended changing
the land use designation for the subject properties, as
delineated in Section 3 above.
Section 5. If any section, subsection,
change or provision of this ordinance
remainder of this ordinance shall not
invalidity.
sentence, clause, item,
is held invalid, the
be affected by such
Section 6. This ordinance shall be forwarded to the state land
planning agency for approval or disapproval pursuant to F.S.
380.055.2 (9) .
Section 7. This ordinance shall be filed in the office of the
Secretary of the State of Florida, but shall not be deemed
effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners
Monroe Co~ty, Florida, <if a 1 regular meeting of the Board
on the th day of pr1 , A.D., 1998.
of
held
Mayor London
Mayor Pro Tern Harvey
Commissioner Douglass
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
\ ",,-:'--~-:---c
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
fj;L ~.
Mayor/Chairman
HRBRSHS.99F/TXTAMAP
4
In t als -4-
FORM
CJENCY
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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BY
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Proposal: From SR to IS
Property Description: Harbor Shores Subd. ,Blk 4/ Lots l-6, Blk 5 Lots
l-6 / & lOt Sec. 32, Twn 61S, R e 39E.
Applicant Name: Plannin De t./LaRocco & Atkin Beckme er & Mulick a en
Map #: l34, l35, l37, l38 File Number :r195092/M9510l
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1Bannp JL. }&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
" BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 27, 1998
CER::I:J.14'1ED MAIL
RETURN RECEIPr REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallah~, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please rmd a certified copy of the following Monroe County Ordinances:
Ordinance 011-1998 Rescinding Ordinance 025-1997 and Adopting an amendment
to the Official Land Use District (Zoning) Map requested by David Ethridge
for a change from Maritime Industries (MI) to Urban Residential (UR) for
property described as Part of Government Lot 2, in Section 9, Township 66
South, Range 32 East, Tallahassee Meridian, located at 2111 Overseas
Highway,Marathon, Vaca Key, Monroe County, Florida, Mile Marker 48.
The Real Estate No. is 00102520.
Ordinance 012-1998 Rescinding Ordinance 010-1997 and Approvingthe request
nled by Carolyn V oit to amend the Official Land Use District (Zoning) Map
from Suburban Residential (SR) to Suburban Commercial (SC) for property
located at Mile Marker 49 and further described as a portion of Sombrero
Properties, Boot Key Parcels 10 and lOA, bordering on Boot Key Harbor,
Section 10, Township 66 South, Range 32 East, Vaca Key, Monroe County,
Florida, with Real Estate Identification No. 0355430-000000.
f ..11,+-.&t.cri;!' ";-,'h~ .'. ';',-;;'}'6d-.-:!,'-, ',_~' '-''''i;:',-~.'' -"'., ,'''~","--''",,:''"\:';'':_'~~.....,:-,. '~'~'::"""H _ ...-_.."_u,,.. ..
, Mrs. Liz Cloud
April 27, 1998
Page 2
'''-;
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Ordinance 013-1998 Rescinding Ordinance 026-1997 and Adopting an
Amendment to the Official Land Use (Zoning) Map requested by George and Gay
Neth for a change from Improved Subdivision (IS) to Suburban Commercial (SC)
for property located at 6350 Overseas Highway and described as Lots 1 and 2,
Block 2 of Casa Blanca Subdivision, Section 11, Township 66 South, Range 32
East, Tallahassee Meridian, Vaca Key, Monroe County, Florida, Mile Marker
50.4. The Real &tate No. is 336380.
Ordinance 014-1998 Rescinding Ordinance 011-1997 and Approvingthe request
f"1Ied by the Monroe County Planning Department to amend the Official Land
Use Maps to change the zoning from Improved Subdivision (IS) to Improved
Subdivision-Duplex (IS-D) for property described as Lots 1-13, Key Colony
Subdivision #1; all of Lots 3-7,9-12,19,23-42, Key Colony Subdivision #2;
all of Lots 7-9, Block 2; all of Lots 2-6 and 9-11, Block 3; Lot 3, Block 4;
all of Lots 1-6, Block 5, Key Colony Subdivision #4, Section 6, Township 66
South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida,
Mile Marker 53.5. The Real &tate Identification Numbers are: 0033670 through
00333790,00334070 through 00334110,00334130 through 00334160, 00334230,
00334230-000100,00334340,00334270 through 00334340,00334360 t hrough
00334460,00335070 through 00335100, 00335130, 00335140, 0033514 0-000100,
00335150,00335160,00335170,00335200,00335210,00335220,00335260, and
00335300 through 00335350.
Ordinance 015-1998 Rescinding Ordinance 006-1997 and Approvingthe request
f"1Ied by Monroe County Planning Department to change the Official Land Use
District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision
(IS) for property described as Block 4, Lots 1-6 and Block 5, Lots 1-6 and 10,
Harbor Shores Subdivision located at Mile Marker 99 in Section 32, Township 61
South, Range 39 East and having the Real &tate Identification Numbers
00522000,00522010,00522020,00522030,00522040,00522050,00522060,
00522070, 00522080,00522090, 00522100, 00522110, and 00522150.
Ordinance 016-1998 Rescinding Ordinance 007-1997 and Approvingthe request
raIed by Jean Lopresti and Angela Reynolds to amend the Official Land Use
District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision
(IS) for property located at Mile Marker 99.5 and further described as Block 5,
Lots 1 and 2, Block 14, Lots 1 and 2, Key Largo Ocean Shores Addition, Section
32, Township 61 South, Range 39 East, with Real &t.ate Identification Numbers
00498820,00498830,00500670 and 00500680. These properties lie in Section 32,
Township 61 South, Range 39 East.
Mrs. Liz Cloud
April 27, 1998
Page 3
",
Ordinance 017-1998 Rescinding Ordinance 021-1997 and Approvingan
amendment to the Official Land Use (Zoning) Map requested by Christina
Sutton, Emanuel Micelli, Robert Petri, and John and Ethel Marsteller (Christina
Sutton and Amy Slate, Agents) from Urban Residential (UR) to Suburban
Commercial (SC) for properties described as Part of Lot 1, and all of Lots
2 and 3, Baywood Subdivision, Section 11, Township 61 South, Range 39 East,
Tallahassee Meridian, Key Largo, Monroe County, Florida, Mile Marker 104.
The Real Estate Numbers are 00439590, 00439600, 00439600-000100 and
00439610.
Ordinance 018-1998 amending Monroe County Code, Section 6-31, stating that
permits are not required for certain removal of exotic invasive vegetation, for the
demolition of certain structures, for certain new construction, and certain home
improvements; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at
a Regular Meeting, in formal session, on April 8, 1998.
Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
~~
Duty C rk
cc: County Attorney Property Appraiser
Growth Management Director File
Municipal Code Corporation, Ord. 018-1998 only.
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MRS. LIZ CLOUD
Street&Number FL.DEPT. OF STATE
~ RD.Oll-THRU 018-1998)
:DIVlSIONS'OF FLORIDA DEPARTMENT OF STATE
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Divisi"n l,llicl'nsin~ FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
ME;MBER OF THE FLORIDA CABINET
Historic Floridil Keys Prcscfv,ltion Board
Historic P~lm (k'ach County Pn'sl'rv.,tion Board
Historic Pl'nSt1rOIi.l I'n'sl'fv.ltion Bll.ud
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April 30, 1998
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Me. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated April 27, 1998, and certified copy each of Monroe County Ordinance Nos.
98-11,98-12,98-13,98-14,98-15,98-16,98-17, and 98-18, which were filed in this
office on April 29, 1998.
Sincerely,
~4; ueoud
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-1'869 . WWW Address http://www.dos.state.f1.us · E-Mail: clcctioll@/lwil,dos,stl1tcP,lIs
,-,'~~~ '
ORDINANCE NO. 013-1998
(Rescinds Ordinance No. 026- t 997)
APPLICANT: \ George & Gay Neth (Herbie's)
PROPERTY DESCRIPTION: See Attached Ordinance
CHANGE FROM: Improved Subdivision (IS) to Suburban Commercial (SC)
ADOPTED BY BOCC: 4/8/98
DCA FINAL ORDER: Approve<;l Ordinance on 6/ t 2/98
PUBLISHED IN F.A.W.: 6/26/98
EFFECTIVE DATE: 7/17/98
ORDINANCE NO. 014-1998 (Rescinds Ordinance No. 011-1997)
APPLICANT: Planning Department / Duplexes
PROPERTY DESCRIPTION: See Attached Ordinance
CHANGE FROM: Improved Subdivision to Improved Subdivision-Duplex
(IS) (IS-D)
ADOPTED BY BOCC: 4/8/98
DCA FINAL ORDER: Approved Ordinance on 6/12/98
PUBLISHED IN F.A.W.: 6/26/98
EFFECTIVE DATE: 7/17/98
ORDINANCE NO. 015-1998 (Rescinds Ordinance No. 006-1997)
APPLICANT: Planning Department / Harbor Shores
PROPERTY ,DESCRIPTION: See Attached Ordinance
CHANGE FROM: Suburban Residential (SR) to Improved Subdivision (IS)
ADOPTED BY BOCC: 4/8/98
DCA FINAL ORDER: Approved Ordinance on 6/ t 2/98
PUBLISHED IN F.A.W.: 6/26/98
EFFECTIVE DATE: 7/17/98
2