Ordinance 008-1999
Planning
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF ~p~
COUNTY COMMISSIONERS APPROVING THE REQUEST BY fTl:A-<'
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MARILYN AND GINGER HENDERSON TO CHANGE THE LAND on.
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USE DISTRICT MAP FROM IMPROVED SUBDIVISION (IS) TO~? 0
IMPROVED SUBDIVISION-DUPLEX (IS-D) FOR PROPERTY :<~~ .
DESCRIBED AS PART OF PARCELS 5-G AND 6A OF;1' ~
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.
ORDINANCE # 008
-1999
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WHEREAS, the subject property is described as part of Parcels 5-G and 6A of Sombrero
Properties, Boot Key, located in Section 15, Township 66 South, Range 32 East in Monroe
County at approximately mile marker 50, with the real estate number 355300; and
WHEREAS, the Board of County Commissioners, on February 28, 1986, adopted the
Official Land Use District Map, and therefore, designated the above-described property as
Improved Subdivision (IS); and
WHEREAS, the Board of County Commissioners, during a regular meeting held on June
10, 1998, conducted a review and consideration of the request filed by Marilyn and Ginger
Henderson to change the Future Land Use Map (FLUM) from Residential Medium (RM) to
Residential High (RH) and the zoning designation from Improved Subdivision (IS) to Improved
Subdivision-Duplex (IS-D); and
WHEREAS, the Board of County Commissioners adopted an ordinance to amend the
FLUM at an adoption hearing held on January 13, 1999; and
WHEREAS, the Board of County Commissioners continued its consideration of the
zoning change at a public hearing on January 13, 1999; and
WHEREAS, the Planning and Environmental Resources Departments, as well as the
Development Review Committee and the Planning Commission have recommended approval of
the request; and
Fact:
WHEREAS, the Board of County Commissioners has made the following Findings of
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 which negatively impacts community character. Objective 101.4 requires that
the county regulate future development to maintain the character of the community.
BOCCZON. DOC/#9711 0
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Initials
Planning
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 Improved Subdivision (IS) on the zoning map and
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 (Policy
104.4.4) which accommodates either IS-D or Urban Residential (UR) zoning.
4. The applicant has requested IS-D zoning, which allows detached and duplex dwellings,
as of right.
5. The density associated with the proposed IS-D designation is compatible with those
allowed by RM, and are in character with those which exist in the vicinity of the subject
property.
6. 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.
7. The rezoning of 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.
8. The proposed map amendment is consistent with the new issues raised by the
Residential Permit Allocation System, such as encouraging infill of existing subdivisions
which have infrastructure and disturbed habitats.
9. There will be no additional negative impacts on natural resources as a result of the
proposed land use change.
10. Sufficient public facilities capacity exists to accommodate the proposed land use change.
11. Infill of an improved subdivision would be encouraged by the proposed land use change.
Law:
WHEREAS, the Board of County Commissioners has made the following Conclusions of
1. Since the proposed rezoning is consistent with the RH future land use category and the
surrounding community character, the proposed land use change is consistent with Sec.
9.5-511, MCC, Objective 101.4, Policy 101.4.3 and Policy 101.4.4. (Findings 1-5)
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, 6-8)
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Initials
Planning
3. The proposed map amendment is consistent with the Year 2010 Comprehensive Plan,
especially Goal 102, 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 8-11)
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that
Section 1.
above.
This Board specifically adopts the findings of fact and conclusions of law stated
Section 2. The previously described property, which is currently designated Improved.
Subdivision (IS), shall be designated as Improved Subdivision-Duplex (IS-D) as shown on the
attached map, which is hereby incorporated by reference and attached as exhibit 1.
Section 3.
above.
The Official Land Use District Map shall be amended as delineated in Section 2
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.
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 shall be transmitted to the state land planning agency for approval or
disapproval pursuant to Section 380.0552, Florida Statutes only after the agency approves the
requisite ordinance amending the Future Land Use Map designation for the subject property
from Residential Medium (RM) to Residential High (RH).
BOCCZON. DOC/#9711 0
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Initials
Planning
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 ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 13th of January, 1999.
Mayor Wilhemina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
yes
yes
yes
(SEAL)
ATTEST:
".
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY~~~
Mayor/Chair
DANNY L. KOHLAGE, CLERK
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BY
BOCC20N.DOC/#97110
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Initials
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Lan Use District Map
ProDosed MaD Amendment
Proposal: From IS to IS-D
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, BOOT KEY
IS
Key: Vaca
MM: 50
Property Description: - Pronerties. Part of 5G and 6A,
Boot Key (aka Lot 12), Sec15, Twn66, Rge32,RE 35530
Applicant Name: Marilyn & Ginger Henderson
Map # : 236 & 240 File Number .M97123
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J:lannp I. !tolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33OSO
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
February 9, 1999
CER'l'JltlJW MAIL
RETURN RECEIPr REQUESTED
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 rmd a certified copy of Ordinance No. 008-1999 APPROVING
the request by Marilyn and Ginger Henderson to change the Land Use District Map
from Improved Subdivision (IS) to Improved Subdivision-Duplex (IS-D) 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
approxbnately Mile Marker 50, and having the Real &tate No. 355300.
This Ordinance was adopted by the Monroe County Board of County
Commi~ioners at a Regular Meeting, in fonnal session, on January 13, 1m.
Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex omcio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
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De ty CI
cc: County Attorney
County Adminl~rator
Acting Growth Management Director
Nicholas Munck, Esq.
File
Z 490 496 943
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail See reverse
Sentto
MRS. LIZ CLOUD
~lJIet & Number . .
4ul SOUTH MONROE ST.
Post Office State & ZI P Code
TALLAHASSEE, FL.J2399-0250
Postage
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Certified Fee
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Restrict~&lfvery Fee
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,-".~;, IONS OF FLORIDA DEPARTMENT OF STATE
~~t~.-:Jhe Secretary
. ~Uilnof Administrati.... Services
Division of Corporations
Division of Culnnl Affain
Division of E1ections
Division of Historical Resources'
Division of Library and Information Services
Division of Licensin.
MEMBER OF TIlE FLORIDA CABINET FLORIDA DEPARrMENf OF STATE
Katherine IIarrIe
Secretary of State
DMSION OF ELECTIONS
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HISTORIC PRESERVATION BOARDS
HiSloric Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahusee Preservation Board
Historic TampaJHillsborough Counly
Preservation Board
RINGLlNG MUSEUM OF ART
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
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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.n.us . E-Mail: election@mail.dos.state.fl.us