Ordinance 007-1999
Planning
ORDINANCE # OOZ1999
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WHEREAS, the Board of County Commissioners, on April 15, 1993~do'jStei.ihe~
Monroe County Year 2010 Comprehensive Plan, and therefore, designated the aboCVe- 0
described property as Residential Medium (RM) on the Future Land Use Map (FLUM);
and
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY MARILYN AND GINGER HENDERSON TO CHANGE
THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL HIGH
(RH) FOR PROPERTY DESCRIBED AS PART OF
PARCELS 5-G AND 6A OF SOMBRERO PROPERTIES,
BOOT KEY, LOCATED IN SECTION 15, TOWNSHIP 66
SOUTH, RANGE 32 EAST, MONROE COUNTY, FLORIDA,
AT APPROXIMATELY MILE MARKER 50, AND HAVING
THE REAL ESTATE NUMBER 355300.
WHEREAS, the Planning and Environmental Resources Department as well as
the Development Review Committee and Planning Commission have recommended
approval of the request; and
WHEREAS, the Board of County Commissioners on June 10, 1998, after due
notice and public participation in the public hearing process, conducted a public,
"transmittal hearing" to consider a request for a future land use map amendment to the
Monroe County Year 2010 Comprehensive Plan filed by Marilyn and Ginger Henderson
to change the future land use designation from Residential Medium (RM) to Residential
High (RH) for the above-described property; and
WHEREAS, the Board of County Commissioners recommended that the
proposed amendment be transmitted to the Florida Department of Community Affairs
(DCA) for its consideration; and
WHEREAS, the DCA reviewed the amendment and in its Objections,
Recommendations and Comments (ORC) report, recommends that the amendment not
be adopted; and .
WHEREAS, the Planning Department continues to recommend approval of the
request; and
BOCCORDFLU.DOC/#97110
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Initials
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WHEREAS, the Board of County Commissioners considers the data and
analysis provided to the agency to be sufficient to warrant the proposed amendment
and therefore, makes no substantive revisions to the staff report or ordinance; and
WHEREAS, on January 13, 1999, the Board of County Commissioners, after
due notice and public participation in the public hearing process, conducted a public
"adoption hearing" to consider adopting the proposed amendment in light of DCA's
ORC report; and
WHEREAS, the Board of County Commissioners has made the following
Findings of Fact:
1. Section 9.5-511, MCC, specifies that the Board of County Commissioners may
consider a land use change if at least one of six criteria is met. Section 9.5-511
also prohibits a change that negatively impacts community character. Objective
101.4 requires that the county regulate future development to maintain the
character of the community.
2. The subject property is a disturbed, vacant lot surrounded by a neighborhood of
mixed residential types, including single-family, multi-family and duplex units,
which is near a commercial center. It is designated Residential Medium (RM) for
detached dwellings only (Policy 101.4.3) on the Future Land Use Map.
3. The applicant has requested the Residential High (RH) future land use category,
which is intended to provide for high density single- and multi-family and
institutional-residential development, located near employment centers (Policy
101.4.4).
4. The densities associated with the proposed RH designation are compatible with
those allowed by RM, and are in character with those which exist in the vicinity of
the subject property.
5. Since the 1988 IS-D Study conducted by the Planning Department did not
examine the vicinity of the subject property, there is a need for additional detail
to determine the appropriate land use designations for this mixed residential
neighborhood, and for the subject property in particular.
6. The rezoning of nearby Lot 12 indicates changed assumptions arose between
1986 when that vacant parcel was zoned IS and 1988 when, still vacant, it was
rezoned to IS-D.
7. The proposed map amendment is consistent with the new issues raised by the
Residential Permit Allocation System, such as encouraging infill of existing
subdivisions that have infrastructure and disturbed habitats.
BOCCORDFLU.DOC/#97110
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Initials
Planning
8. There will be no additional negative impacts on natural resources as a result of
the proposed land use change.
9. Sufficient public facilities capacity exists to accommodate the proposed land use
change.
10. Infill of an improved subdivision would be encouraged by the proposed land use
change.
WHEREAS, the Board of County Commissioners has made the following
Conclusions of Law:
1. Since the subject property meets the purposes of both the existing and proposed
designations, the proposed land use change would not negatively impact
community character, and is consistent with Objective 101.4, Policy 101.4.3 and
Policy 101.4.4. (Findings 1-4)
2. There is a basis for consideration of the proposed map amendment, pursuant to
Section 9.5-511, MCC, because of the need for additional detail in designating
the subject property appropriately, changed assumptions, and new issues raised
by the Residential Permit Allocation System. (Findings 1, 5-7)
3. The proposed map amendment is consistent with the Year 2010 Comprehensive
Plan, especially Goal 1 02, Objective 101.11, Policy 101.5.2 and the Residential
Permit Allocation System, since it will not negatively impact natural resources,
nor overtax public facilities capacity, and it encourages infill and directs growth to
an area intrinsically most suitable for development. (Findings 7-10)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently designated Residential
Medium (RM), shall be designated as Residential High (RH) as shown on the attached
map, which is hereby incorporated by reference and attached as exhibit 1.
Section 3. 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 or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
BOCCORDFLU.DOC/#97110
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Initials
Planning
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
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 finding the amendment
in compliance in accordance with Section 163.3184, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the13th of .Tanll~ry , 1999.
Mayor Wilhemina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Key Reich
Commissioner Nora Williams
yes
yes
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yes
yes
.101
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY, .~-."': .~1\~
~MaYOr/Chairperson
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY
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BOCCORDFLU.DOCI#97110
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Initials
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Future Land Use Map
Key: Vaca
MM: 50
Proposal:From RM to RH
Property Description:Sombrero Properties, Part of 5G and 6A,
Boot Key, (aka Lot 12), Sec15, Twn66, Rge32, RE 35530
1"=2000' I
Map #: 5
File Number: M971 23
iDannp I.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD S1REET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Febroary 9, 1m
CERTltDD MAIL
RETURN RECEIPI' REQUlSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 007-1m APPROVING
the request by Marilyn and Ginger Henderson to change the Future Land Use Map of
the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to
Residential High (RH) for property described as part of parcels S-G and 6A of
Sombrero Properties, Boot Key, located in Section 15, Township 66 South, Range 32
east, Monroe County, Florida, at approximately Mile Marker 50, and having the Real
&tate No. 355300.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in fonnal session, on January 13, 1m.
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Please rile for record.
Sincerely,
Danny L. Kolbage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
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De ty CI
cc: County Attorney
County Administrator
Acting Growth Management Director
Nicholas MuUck, Esq.
File
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DO
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach CouDly Preservation Board
Historic Pensacola Preservation Board
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Preservation Board
RINGLING MUSEUM OF ART
\".' c~;( '?NS OF FLORIDA DEPARTMENT OF STATE
V~;."~ Secretary
"'TlrviSloDOf Administrative Services . ,
Division of Corporations
Division of CullW'a1 Affain
Division of Elections
Division of Historical ReIouroea
Divisioo of Libruy and 1Df00000000on Services
Division of LiceIlainl
MEMBER OF THE FLORIDA CABINET FWRIDA DEPARI'MENT OF STATE
Katherine IIant8
Secretary of State
DMSION OF ELECTIONS
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February 12, 1999
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letters dated February 9, 1999 and certified copies of Monroe County Ordinance Nos.
006-1999, 007-1999 and 008-1999, which were filed in this office on February 11,
1999.
Sincerely,
L~~
Bureau of Administrative Code
LClbn
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.ft.us . E-Mail: election@mail.dos.state.fl.us
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