Ordinance 011-1997BOCC ORDINANCE NO. 011-1997
AN ORDINANCE BY THE MO. TROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING 'THE REQUEST FILED BY
THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND
THE OFFICIAL LAND USE MAPS TO CHANGE THE ZONING
FROM IMPROVED SUBDIVISION (IS) TO IMPROVED SUBDI-
VISION -DUPLEX (IS-D) FOR PROPERTY DESCRIBED AS
LOTS 1-14, KEY COLONY SUBDIVISION #1; ALL OF LOTS
3-12, 19-42, KEY COLONY SUBDIVISION #2; ALL OF
LOTS 7-11, BLOCK 2; ALL OF LOTS 1-6 AND 9-12,
BLOCK 3; LOT 3, BLOCK 4; ALL OF LOTS 1-6, BLOCK
5; ALL OF LOTS 1-3, BLOCK 6, KEY COLONY SUBDIVI-
SION #4, SECTION 6, TOWNSHIP 66 SOUTH, RANGE 33
EAST, TALLAHASSEE MERIDIAN, KEY VACA, MONROE
COUNTY, FLORIDA, MILE MARKER 53.5. THE REAL
ESTATE IDENTIFICATION NUMBERS ARE: 00333670
THROUGH 00333800; 00334070 THROUGH 00334160;
00334230 THROUGH 00334460; 00335070 THROUGH
00335170; 00335200 THROUGH 00335230; 00335260;
00335300 THROUGH 00335380.
WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinanc-
es (MCC) provides that the land development regulations (Chapter
9.5 of the MCC), inluding the land use district (zoning) maps may
be amended at any time; and
WHEREAS, the Board of County Commissioners adopted the Land
Use District Map on February 28, 1986, and designated t,�ie dBove-
described properties as Improved Subdivision (IS);_ and -.j
WHEREAS, the Monroe County Board of County Comm�Ej3sioners,
during a regular meeting held on February 19, 1997, candud a
review and consideration of a land use (zoning) map amendment
request initiated by the Monroe County Planning Department-, for
the above -described properties from Improved SubdivisioR (]�,5) to
Improved Subdivision -Duplex (IS-D); and
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed land use (zoning) map amendment and
recommend approval; and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the proposed land use (zoning) map
amendment and recommends approval; and
WHEREAS, during the amendment process, the Monroe County Plan-
ning Commission, sitting as the local planning agency, after due
notice and public participation in the hearing process, has re-
viewed the proposed land use (zoning) map changes and the recom-
Page 1 of 4
MARATHON.37/TXTAMAP,030397 Initials
mendations of the Planning and Environmental Resources Depart-
ments and the Development Review Committee and recommends approv-
al; and
WHEREAS, the Monroe County Board of County Commissioners, after
due notice and public participation in the hearing process, has
reviewed all of the above recommendations; and
WHEREAS, the Board of County Commissioners adopts the follow-
ing FINDINGS OF FACT:
1. The subject properties contain 18 single-family homes, 8
vacant lots and 44 duplexes.
2. The pre-1986 zoning for the subject parcels included both
the RU-1 and RU-2 categories, which permitted single-family
homes and duplexes respectively.
3. The current zoning maps designate the properties Improved
Subdivision, which allows one single-family home (dwelling)
per lot.
4. Objective 101.8 of the 2010 Comprehensive Plan encourages
Monroe County to reduce the numbers of non -conforming uses.
5. Policy 101.4.4 of the 2010 Comprehensive Plan states that
multi -family dwellings are to be included in the Residential
High future land use category.
6. According to the 1996 Public Facilities Assessment, no pub
lic facilities expansion will be necessary in order to accom-
modate the potential development impacts in this neighbor-
hood.
WHEREAS, the Board of County Commissioners makes the following
CONCLUSIONS OF LAW:
1. An error occurred when the Official Land Use maps designated
the subject parcels as Improved Subdivision. This error was
consequently transferred onto the Future Land Use Map, which
designates the property as Residential Medium (RM) (Find-
ings of Fact 1, 2, and 3)
2. Changing the land use (zoning) designation to Improved Subdi-
vision -Duplex (IS-D) furthers the overall objectives of the
2010 Comprehensive Plan and makes the developments on the
subject properties conforming. Also, a change in designa-
tion will allow the property owners to perform substantial
beneficial improvements to their properties. (Findings of
Fact 4 and 5)
Page 2 of 4
MARATHON.37/TXTAMAP,022897 Initials
3. The subject properties are served by adequate infrastructure
and a change in designation from RM to RH would not adverse-
ly affect public facilities level of service (LOS). (Finding
of Fact 6 )
NOW, THEREFORE, BE IT ORDAINED'BY THE BOARD OF COUNTY COMMISSION-
ERS 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, which are
currently designated Improved Subdivision (IS), as shown on the
attached and incorporated by reference as exhibit 1, shall now be
designated Improved Subdivision -Duplex (IS-D).
Section 3. The Official Land Use Map shall be amended, chang-
ing the zoning for the properties as delineated in Section 3
above.
Section 4. If any section, subsection, sentence, clause, item,
change or provision of this ordinance is held invalid, the remain-
der of this ordinance shall not be affected by such invalidity.
Section 5. The adoption of this ordinance shall only be effec-
tive upon the adoption of an ordinance approving a change to the
Future Land Use Maps to Residential Medium (RM) for the subject
properties.
Section 6. 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 7. This ordinance shall be filed in the Office of
Secretary of State of the State of Florida, but shall not be
deemed effective until approved by the state land planning agency.
Page 3 of 4
MARATHON.37/TXTAMAP,022897 Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 19th day
of March, 1997.
Mayor Douglass yes
Mayor Pro Tem London ves
Commissioner Harvey ves
Commissioner Freeman ves
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN ORIDA
ay r/ airm
Ate': DANNY L. KOLHAGE, CLERK
NJ DEPr5TY CLEW
Page 4 of 4
MARATHON.37/TXTAMAP,022897 Initials
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Proposal: From IS to IS-D
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
April 3, 1997
CER EnE D MAIL,
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, n. 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Enclosed please find a certified copy of Monroe County Ordinance No. 011-1997,
approving the request filed by the Monroe County Planning Department to amend the
Official Land Use Maps to change the Zoning from Improved Subdivision (IS) to
Improved Subdivision -Duplex (IS-D) for property described as Lots 1-14, Key Colony
Subdivision #1; all of Lots 3-12, 19-42, Key Colony Subdivision #2; all of Lots 7-11,
Block 2; All of Lots 1-6 and 9-12, Block 3; Lot 3, Block 4; All of Lots 1-6, Block 5;
all of Lots 1-3, Block 6, Key Colony Subdivision #4, Section 6, Township 66 South,
Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, Mile Marker
53.5. The Real Estate Identification Numbers are: 00333670 through 00333800;
00334070 through 00334160;00334230 through 00334460;00335070 through 00335170;
00335200 through 00335230; 00335260; 00335300 through 00335380.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 19, 1997,
Mrs. Liz Cloud
April 3, 1997
Page 2
Please file 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
Depu Cler1 y
Enclosure
cc: County Attorney
Growth Management Director
County Administrator, Wo document
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S. LIZ CLOUD
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DIVISIONS OF FLOP IDA DEPARTMENT OF STATE
,attic e of the Sec rclar%
ottice of International Relations
Division of Administrative Services
Division of Corlx+rations
Di%i>ion of Cultural Affairs
Di%isionof Elections
I)ivision of I listorical Rcs'uurcvs
Division of Library and Information tierviccs
Disi„n of Licensing FLORIDA DEPARTMENT OF STATIC
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
April 7, 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:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Iloard
Historic St. Augustine Preservation Board
Historic Tallahass`e Preservation Board
Historic Tam pa/HillsboroUgh County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated April 2 and 3, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-10 and 97-11, which were filed in this office on April 7, 1997.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 0 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7869 t WWW A4&V§§ httRWW vg A(W:*tAtk%A,U# • E-Mail; rAlrt fi�fa rrr�aeJ.c�r.,�.�tnlr fl-r+.