Resolution 337-1998
FILED FOR RECORD
RESOLUTION NO. 337 -1998
99HAY " PH 2: 54
A DA~w~rG8Y THE MONROE COUNTY BOARD OF COUNTY
c<t1~flfSlIDNl", 'Ff!~(\NSMITTING TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST BY IDA WELBORN TO CHANGE THE
FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 20/0
COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY KNOWN AS LOTS 10 AND 11,
RESUBDIVISION OF SEASIDE, SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38
EAST, KEY LARGO, MONROE COUNTY, FLORIDA, LOCATED AT
APPROXIMATELY MILE MARKER 94.5. THE REAL ESTATE NUMBERS ARE
00491650 AND 00491660.
Board of County Commissioners
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 Monroe County Board of County Commissioners supports the requested
future land use designation change; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt findings of fact
and conclusions of law pursuant to the draft ordinance 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 a set of Comprehensive Plan amendments for 1999 to the Florida
Department of Community Affairs for review and comment in accordance with the
provisions of Chapter 163.3184, 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 3rd day of September, 1998.
Mayor London
Commissioner Douglass
~:"(r""()r:n".miSSioner Freeman
~'J~Commissioner Harvey
~~~ommissioner Reich
:E~~! ,
~.,~~
,.~,.
,.t'. ~.' '
1\ t~. fitQ.~NNY L.KOLHAGE, Clerk
'~~~.'-'- ,
no
yes
no
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~Q.. c::w~~
Deputy Clerk
.," . '. ~-
By ~ ~~d~ h'..-.......,... . .... ",'
Mayor/Chairman
jreswelborn
8
Board of County Commissioners
ORDINANCE NO.
- 1999
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS APPROVING THE
REQUEST BY PROPERTY OWNER IDA WELBORN FOR AMERICAN LEGION POST 333 TO
CHANGE THE FUTURE LAND USE MAP DESIGNATION OF THE 2010 COMPREHENSIVE
PLAN FOR LOTS 10 AND 11, RESUBDIVISION OF SEASIDE, SECTION 14, TOWNSHIP 62
SOUTH, RANGE 38 EAST, AT APPROXIMATE MILE MARKER 94.5, KEY LARGO, REAL
ESTATE NUMBERS 00491650, AND 004911660, FROM RESIDENTIAL MEDIUM TO MIXED
USE/COMMERCIAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY: PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners during a public hearing held
on September 3, 1998 conducted a review and consideration of a request filed by
applicant/property owner Ida Welborn on behalf of American Legion Post 333 for a Future Land Use
Map (FLUM) change from Residential Medium (RM) to Mixed Use/Commercial (MC) for property
described as lots 10 and 11. Resubdivision of Seaside, Section 14, Township 62 South, Range 38 East.
MM 94.5 Key largo, Real Estate Numbers 00491650 and 004911660:
WHEREAS. the Board of County Commissioners considered the following information:
(1) The report prepared by Director of Planning Timothy J. McGarry dated August 21, 1998
regarding the FLUM change:
(2) The Planning Commission's Resolution No. P66-98 recommending denial of the FLUM
change:
(3) The applicant's presentation before the Board; and
(4) The input received from members of the public.
WHEREAS. the Board of County Commissioners makes the following findings of fact:
(1) Sec. 9.5-511, MCC, states that the Board of County Commissioners may consider a
land use change if at least one of the six criteria in that section is met. Sec. 9.5-511. MCC. also
prohibits a change that negatively impacts community character.
(2) The present FLUM designation is RM.
(3) The applicant has requested a MC designation in order to accommodate the
construction of an American Legion Hall on the site.
(4) Goal 101 of the 2010 Comprehensive Plan provides, inter alia, that Monroe County
must manage growth to enhance the quality of life of residents and visitors.
(5) Objective 101.3 of the 2010 Comprehensive Plan provides, inter alia, that Monroe
County must regulate non-residential development to serve the needs of the future population of
the County.
(6) Policy 101.4.5 of the 2010 Comprehensive Plan states, inter alia, that the MC FLUM
designation is to provide for commercial and nonresidential uses at intensities consistent with the
surrounding community character.
(7) The operation of an American Legion Hall on the site is a nonresidential use that
accommodates the present and future recreational and social needs of those residents and visitors
to the County who were willing to put their lives at risk when called by their Country.
WHEREAS, the Board of County Commissioners makes the following conclusions of Law:
(1) The applicant I s requested FLUM change for the site to MC is consistent with the new
issue raised in Finding of Fact No. 7 and thus constitutes authorization for the Board of County
Commissioners to make such a change pursuant to Sec. 9.5-511 (d) (5). MCC.
(2) The applicant I s proposed American Legion Hall for the site is a nonresidential use
consistent with a MC FLUM designation.
(3) The change of the subject site's FLUM designation to MC is consistent with Goal 101 of
the 2010 Comprehensive Plan because the American legion Hall will enhance the quality of life of
residents and visitors.
(4) The change of the subject site's FLUM designation to MC is consistent with Objective
101.3 of the 2010 Comprehensive Plan because the American Legion Hall will serve the needs of the
future population of the County.
(5) The change of the subject site's FLUM designation to MC is consistent with Policy
101.4.5 because the American Legion Hall is consistent with the surrounding community character
and environment.
2
(6) Therefore, the Planning Commission's Resolution No. P66-98 erroneously concluded
that the applicant's request was inconsistent with the 2010 Comprehensive Plan and land
development regulations; now. therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA:
Section 1.
The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2.
Lot 10 and 11, Resubdivision of Seaside, Section 14, Township 62 South, Range
38 East, at approximate mile marker 94.5, Key Largo, are hereby designated Mixed Use/Commercial
on Future Land Use Map, 2010 Comprehensive Plan. The official FLUM must be amended as
described in this section.
Section 3.
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 4.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 5.
This ordinance must be transmitted to the state land planning agency for
approval.
Section 6.
This ordinance must be filed in the Office of the Secretary of State of the State
of Florida but will not take effect 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 of said Board held on the
day of
.1999.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy CI7[fpROVED AS TO FOR
pord/welborn.doc AND LEGAL
By
Mayor/Chairman
3