Resolution 200-2000 FILED FOR RECORD
RESOLUTION NO.200 -2000 OO JUN -5 PM 3: 04
A RESOLUTION BY THE MONROE COUNTY BOARD I •c JL Ai E
COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPA,F!RQ1MEjgT11.
COMMUNITY AFFAIRS THE REQUEST BY THE PLVROdaltifiriFL
ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED USE/COMMERCIAL (MC)
FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK 2,
MANDALAY SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62
SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AT
APPROXIMATELY MILE MARKER 97, AND HAVING THE REAL ESTATE
NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000.
WHEREAS, the Monroe County Board of County Commissioners held a public hearing
for the purposes of considering the transmittal to the Florida Department of Community Affairs
for review and comment of a proposed amendment to the Future Land Use Map of the Monroe
County Year 2010 Comprehensive Plan, changing the future land use designation of the
properties described above; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested future land use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations of the
Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for
adoption of the proposed Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
as part of the second (2nd) set of comprehensive plan amendments for 2000 to the Florida
Department of Community Affairs for review and comment in accordance with the provisions of
Sections 163.3184 and 380.0552, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
Transmittal Resolution#M99146 page 1 of 2 Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17 of May , 2000.
Mayor Freeman ye s
Mayor Pro Tern Neugent y e s
Commissioner Harvey ye s
Commissioner Williams yes
Commissioner Reich ye s
BOARD OF COUNTY COMMISSIONERS
OF Nc4li OE C•UNTY ORIDA
,rry
< F BY•
•
t, t Mayor reeman
�^'.7 t ' L •N 3
APP OVED AS TO FOB*T
V k�# ANNY . KOLHAGE, CLERK AND I E
•
SUrrI.;2I;O
BY
Dep ty Clerk Attorney's Office
Transmittal Resolution#M99146 page 2 of 2 Initials
EXHIBIT 1
DRAFT FLUM ORDINANCE
M#991146
ORDINANCE#. -2000
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL HIGH (RH) TO MIXED USE/COMMERCIAL (MC)
FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK
2, MANDALAY SUBDIVISION, KEY LARGO, SECTION 06,
TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY,
FLORIDA, AT APPROXIMATELY MILE MARKER 97, AND
HAVING THE REAL ESTATE NUMBERS 00554460-000000,
00554620-000000, AND 00554420-000000.
WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe
County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties to
their current designations on the Future Land Use Map (FLUM); and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review of a request for a Future Land Use Map amendment to the Monroe
County Year 2010 Comprehensive Plan filed by the Planning Department to change the future land
use designation as described above; and
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 makes the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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 of the Comprehensive Plan requires that the county
regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger,
Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial
uses.
3. The properties in question are composed of Lots 11, 12, 27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map.
Draft FLUM Ordinance#M99146 page 1 of 3 E (2 1..\, 17 J Initials
5. This proposed map amendment seeks to change the current designations to a future land use
designation of Mixed Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block
2 of the Mandalay Subdivision.
7. A 1990 map change altered the zoning and subsequent future land use designations of most
properties in Block 2 of the Mandalay Subdivision, but did not include six lots (11, 12, 26,
27, 29, and 30 ). These properties have remained under the Urban Residential Mobile Home
zoning designation since adoption of the 1986 Comprehensive Plan.
8. With the adoption of the Year 2010 Comprehensive Plan, Lots 11, 12, 26, 27, 29, and 30
have kept their Urban Residential Mobile Home designation and corresponding Residential
High Future Land Use Map designation.
9. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban Residential
Mobile Home designation also be changed to Sub Urban Commercial (which also requires a
change in the Future Land Use Map designation from Residential High to Mixed
Use/Commercial) so as justify their current or proposed uses of these four properties.
10. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as a
way to address the spot zones created by the 1990 map change.
11. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current designations.
12. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the
previous 1990 map change.
Draft FLUM Ordinance#M99146 page 2 of 3 _ Initials
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 properties shall be designated described above and as
shown on the attached map, which is hereby incorporated by reference and attached as
Attachment 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. The Monroe County staff is given authority to submit this ordinance and
supporting documents to the Florida Department of Community affairs for compliance
review.
Section 5. This ordinance shall not become effective until the Florida Department of
Community Affairs determines that it is in compliance with the provisions found in Chapters
163 and 380 of the Florida Statutes.
Section 6. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the of , 2000.
Mayor Freeman
APPROVED! " Mayor Pro Tern Neugent
AND LE Commissioner Harvey
BY Commissioner Williams
At: Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Freeman
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Draft FLUM Ordinance#M99146 page 3 of 3 Initials
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Point Charles
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Key: Ke
MM: 97
Proposal: FROM Residential Hi h RH
TO Mixed USe/Commercial (MC)
Property Description: Mandala Subdivision B
554460, Block 2 Lot 27, RE# 554600, and Block 2 Lot 30
1 "=2000' I
Applicant
Map # :
Name: Kawa1ski, Moore, Bennett
2
File Number