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Ordinance 006-1997 BOCC ORDLNANCE NO. 006-1997 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COMMISSIONERS 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, 005220EO, 00522070, 00522080, 00522090, 00522100, 00522110, 00522120, AND 00522150. WHEREAS, Section 9.5-511(c), Monroe Countv Code of Ordinances (MCC), provides that the land development regulations (Chapter 9.5 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, conducted a review and consideration of a comprehensive plan amendment 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 except for Block 5, Lots 7-8, which are already designated Improved Subdivision (IS) and Block 5, Lot 9, w:hich ~ tOJemain Suburban Residential (SR); andz. -..J r'" . "... .,., ::-.:J WHEREAS, the Planning and Environmental Resources ~epaItments have reviewed the proposed land use district (zoning) ~ap qbanges -..J ... .. and recommend approval; and v .. (~ WHEREAS, during the amendment process, the Develop~ent c~eview Committee, after due notice and public participat~n :fP the hearing process, has reviewed the proposed land use dlstrict (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 HRBRSHS.87/TXTAMAP 1 Initials 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 Environmental Resources, Block 4, Lots 1-3 and 3 are disturbed wetlands, while Lots 7, are undisturbed mangrove wetlands. by the Director of and Block 5, Lots 2 8 and 9 of Block 5 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. 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 HRBRSHS.87/TXTAMAP 2 Initials 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 Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above; 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). HRBRSHS.87/TXTAMAP 3 Initials Section 4. Block 5, Lots 7.-8 shall remain designated as Improved Subdivision (IS). Section 5. Residential Block 5, (SR) . Lot 9 shall remain designated as Suburban Section 6. The Land Use District Map shall be amended changing the land use designation for the subj ect properties, as delineated in Section 3 above. Section 7. 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 8. The adoption of this ordinance shall only be effective upon the adoption of an ordinance approving a change to the Future Land Use Maps to Residential Medium (RM) for the subject properties. Section 9. After the effective date of its adoption, this ordinance shall be forwarded to the state land planning agency for approval or disapproval pursuant to F.S. 380.0552(9). Section 10. 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 County, Florida, at a regular meeting of the Board on the 19t1i th day of Februarv , A. D., 1997. of held Mayor Douglass Mayor Pro Tern London Commissioner Harvey Commissioner Freeman Commissioner Reich yes yes yes yes absent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: BY (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 16~-rOv~~~ HRBRSHS.87/TXTAMAP 4 Initials N'A ... ... ... ... :> " " " " " " " " " " " " " " " " " " " " " " " ,/ \ ,/,/ '- -\.......",,:........., , , , , , , '. SR KEY LNfGO '.I.IWI.tftl.r.tMI.I.I. · ,!.!,I"'!'i,j1 .' -,/ · I . I " t , \ \ \ \ .~ \ ''-' )< , ,,' #'. ,/ / . ' . I . I . I ,'~ .~ II / '., . I ....~ / C;J c? o ~ 00 . I . i a , -- . / ., " .'.I.tel.1 N t Key: MM: NA () o 00. Q o 0 ~~ o o Proposal: From SR to IS Property Description: Harbor Shores Subd. ,B1k 4, Lots 1-6, Blk 5 Lots 1-6 , 9 & 10, Sec. 1 "=400' en Map#: . ..._-_.,~ ".......-.. ~.._."..,..~ .-...~,.- 1Bannp I. !tolbagt 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 STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lllGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 February 27, 1997 CERTDlED MAll.. RETURN RECEIPT 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 Monroe County Ordinance No.. 006-1997, approving the request r.Jed 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, 00522120 and 00522150. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in fonnal session, on February 19,1997. Mrs. Liz Cloud February 27,1997 Page 2 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 ~~"r Enclosure Deputy Clerk cc: County Attorney Growth Management Director Planning Director Property Appraiser County Administrator, w/o document FIle Is your RETURN ADDRESS completed on the reverse side? Co) .. . ...(1) ~ -l>- ~ td "':l ::s::). i::1H?;~ ~Qb>mz :J> 0 ::x:: c:: t-' l;d a ;c.i6 of:;j p: a.;i3 3 t-' ..... t>:l l;d 0 CIl a: ~ ~:xi ~:T a~ l"i- t-' t>:ll;d.,.CI> ~Cla 2:~!Ol>>jjjm :J> CIl t>:l :J> H l> 3'0: .. C ::;] '" ",::0 ::x:: 0 t-' c:: t::l t-' b. :D3 cr. ~~~.. i;; ~ ~ 0 :J> ~ i ~.~ ~ 1>>;':' CIl ::x:: 0 "':l t::l Iii "Si;. - a.... !: t>:l::S::~:J>~f3~ ~- 16 I>>.!"l!: ~ 0 t::l ~ 0 =il':r 8:1>> 0 z ~ ::s::. c:: R ~"@ ~ iiI &.;::, "':l :;0 H H t::l ~ 1& a :: ~~ t-' 0 t-' Z 0 alii ~ g ~ t>:lt::l."':l !.Cl.I>>_a. H agO 3 16 g: wCIlznCll 3- !!1: iiI ::;] N ~ (j) 0 ~ c;.5 "2. ai !!!. w. t::l;t>- 53 OJ lB "" t>:l ~ ~~. I>> S. "" t>:l ii:". ~ a 2 b 1>>2 g 2: !" ~ !~ ! i o , ~~ .. ~ ai~ ~ ~ IAl -@; !t a.~ 2 ~ ~E f ~ ~~ i S'~ 2 3 "ll en 6' ><~ ~~~ .... .... o o 3 (I) en - o. :D (I) - c: ..... :::I :D (I) o (I) "6' - !'l ~li: Q.e. ~; Cl>Zl lij. ~ <1>_ I!!.~ -8:e. e. iil en rn "0 ::l ~ ::;; ! fii II) lit Q. ~ )> a 2- Z WC 0\ 3 0 ~ig",:-," ... en C .. "8 ~ ! ~ Q' ; ~ :II ~ [ to ";'; 1) ~ I -.;;.. ~ ~ !J en IN w So"" 0\ :-l DO ~~~$I _C"CCQ So 3 iil ~ o:IlIll~2 m.~3:~~ ~."S ~ 1: o<! ~ ~i :::I g, 01 C-' oot::i -05"0 <.0 0 In ~o ~~ ~ w o Z 396 367 730 ~ Receipt for - Certified Mail ......... -No Insurance Coverage Provided ...'EOST"" Do not use for International Mail POST,tJ, SEIMCf (See Reversel ~ Sent to ~ MRS. LIZ CLOUD J::. Street and No. FL. DEPT. e tll :::!: o o :g I OF STATE ~ ii" SEE p ~O t.ts'a . MONROE Cerlified fee UJ SpecIal Delivery Fee .. 0.. Restricted Delivery Fee DO $I li: !!l. e. :J. iil !l. III 0. o en- m. >e. ~. e. o<! iil III <1>-- ~g,!2. jilOen -~.~ <1>:::1< <l>CQ- ":-:"",!- Cil_ S.~ 2~ rn<l> ~~ "':f !!lCl> (ORD. 005,006,007-1997) Th~nk you .fo~ usl':'9 .R,:tum .R~"~ ~~I~. . DIVISIONS OF FLORIDA DEPARTMENT OF ST ATE Offin' ()f the ~..".'(rl't.lfY l )ftkl' llt Intl'rn.ltillll.ll Rl'l.ltions Didsion ot Administr.lti'''l' St.'n'it.'l'S Di,'isilll1 of l\'rpl1f.ltillllS Di,'isilln llt ClIltur.ll Aff.llrs Di\'isilln of E1t.'ctilll1s Division llt llistorir.ll Rl'suurn~ Di,'ishlll flt l.ibr,uy .lnd Int"llrm.ltion s..'r\'kt.'s Djyisilll1 of I.i\.'l'nsin~ MEMBER OF THE FLORIDA CA BINET Historic Florida Keys I'resNva!.ion llo.Hd Historic I'alm &'ach County 1'r<'Sl.rva!.ion llo.Hd Ilistoric I\'ns.lcola Pn..'sl'rv.ltion BO<lfd Historic St. Augustine Prl'Sl'fV,ltion Board Ilistoric Talltlhasst.'l' Prl'st.'rv,ltion BO<lfd Histnric 'J'."Tlp., / IlillsPofOu!\h Countv Pn.'sl'rv.ltiun BO.lfd Ringling Must'um of Art FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn Secretary of State DIVISION OF ELECTIONS March 4, 1997 Honorable Danny L. Kolhage Clerk to Board of County Commissioners 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 your letters dated February 27, 1997, and certified copy each of Monroe County Ordinance Nos. 97-05,97-06, and 97-07, which were filed in this office on March 3,1997. Sincerely, Liz~e~~ 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) 488-7869 · WWW Address http://www.dos.state.fI.w . E-Mail: c!cCfioll@/Iwil.rlos.sfafc/l.lIs