Ordinance 013-1997
Planning Department
ORDINANCE NO. 013
-1997
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS ADOPTING A FUTURE LAND USE MAP
N AMENDMENT CHANGING THE FUTURE LAND USE
q DESIGNATION FROM RESIDENTIAL LOW (RL) TO
MIXEO USE COMMERCIAL (MU/C) FOR PROPERTY
LOCATED AT 84801 OLD HIGHWAY AND LEGALLY
DESCRIBED AS A PORTION OF LOT 7 OF
MACDONALD'S PLAT, SECTION 23, TOWNSHIP 63
SQUTH, RANGE 37 EAST, TALLAHASSEE MERIDIAN,
WlNDLEY KEY, MONROE COUNTY, FLORIDA, AT
MIL~ MARKER 84.9 WITH THE REAL ESTATE
IDE~tIFICATION NUMBER 00094000.
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WHEREAS, the Board of County Commissioners, on April 15,
1993, adopted the Monroe Count v Year 2010 Comprehensive Plan
and therein designated the property located in MacDonald's Plat
on a portion of Lot 7 at mile marker 84.9 on Windley Key, Mon-
roe County, Florida as Residential Low (RL) on the Future Land
Use Maps; and
WHEREAS, the applicant has requested a Future Land Use Map
amendment for the above described property to change its future
land use designation from Residential Low
(RL)
to Mixed
Use/Commercial (MU/C); and
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed future land use map changes and recom-
mended approval; and
BOSIQUE.40/TXTAMAP
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Initials
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the proposed future land use map chang-
es and recommended 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 future land use map changes and the recom-
mendations of the Planning and Environmental Resources Depart-
ments and the Development Review Committee and recommended ~
proval; and
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has re-
viewed all of the above recommendations and the Objections, Recom-
mendations and Comments from the Department of Community Affairs;
and
WHEREAS, the Monroe County Board of Commissioners makes the
following findings of fact:
1. The existing development has been a commercial use since
at least 1985, according to the records of the property apprais-
er's office.
BOSIQUE.40/TXTAMAP
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2. The property was designated "Disturbed" (740) on the
1985 Existing Conditions Map.
3. No county records exists that indicates that the subject
property should be designated anything other than commercial.
4. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan designates this property as Residential Low,
which does not permit commercial uses.
5. Commercial uses contribute to the mixed use community
character of the area and is a more appropriate and compatible
land use for this segment of U.s. Hwy. 1 than low density residen-
tial uses.
6. Objective 101.4 of the Monroe County Year 2010 Compre-
hensive Plan requires the regulation of future development to
maintain the character of the community and protect natural re-
sources by providing for a compatible distribution of land uses
consistent with designations shown on the Future Land Use Map.
7. Objective 101.8 of the Monroe County Year 2010 Compre-
hensive Plan requires the elimination and reduction in the fre-
quency of those uses inconsistent with the Future Land Use Map.
8. Policy 101.4.5 of the Monroe County Year 2010 Comprehen-
Slve Plan states that the purpose of the Mixed Use/Commercial
Page 3
BOSIQUE.40/TXTAMAP
Initials
land use designation is to provide for establishment of commer-
cial zoning districts where commercial retail and office uses may
be permitted at intensities consistent with the community charac-
ter and the natural environment.
9. No expansion to public facilities is required to support
the existing and potential future use on the property.
WHEREAS, the Monroe County Board of Commissioners makes the
following conclusions of law:
1. The property was incorrectly designated for Residential
Low uses by the Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan (Findings of Fact 1-4).
2. Mixed Use/Commercial is a more appropriate future land
use category for the subject property than Residential Low, be-
cause Mixed Use/Commercial supports the community character of
this segment of U.S. Hwy. 1 and furthers the objectives and poli-
cies of the Monroe Count v Year 2010 Comprehensive Plan (Find-
ings of Fact 5-9).
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA: THAT
Section 1. This Board specifically adopts the findings of
facts and conclusions stated above; and therefore
BOSIQUE.40/TXTAMAP
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Section 2. The previously described property, as shown on
the attached map, which is hereby incorporated by reference, and
attached as exhibit 1, shows that the property is currently desig-
nated as Residential Low (RL) and shall now be designated Mixed
Use/Commercial (MU/C)
Section 3. The Future Land Use Maps of the Monroe Count v
Year 2010 Comprehensive Plan shall be amended, as shown in exhib-
it 1, changing the future land use designation for the property.
Section 4. 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 invalid-
ity.
Section 5. This ordinance is hereby transmitted to the
state land planning agency for approval or disapproval pursuant
toF.S.380.0552(9).
Section 6. This ordinance shall be filed in the Office of
the Secretary of State of the State of Florida, however, the
effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Adminis-
tration Commission finding the amendment in compliance in accor-
dance with Section 163.3184, Florida Statutes.
BOSIQUE.40/TXTAMAP
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Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 16 th day of
April
, A.D., 1997.
Mayor Freeman yes
Mayor Pro Tern London yes
Commissioner Harvey ves
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY
OF MONROE C UNT
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BY
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ATTEST: DANNY L. KOLHAGE, CLERK
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BY
BOSIQUE.40/TXTAMAP
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Initials
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J)annp I. Itolbagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARATIION, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WH1lEHEAD SlREET
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
April 21, 1997
CERTlltlED MAIL
RETURN RECEIPI' 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 find a certified copy of Monroe County Ordinance No. 013-1997,
adopting a Future Land Use Map Amendment changing the Future Land Use
Designation from Residential Low (RL) to Mixed Use Commercial (MU/C) for
property located at 84801 Old Highway and legally described as a portion of
Lot 7 of MacDonald's Plat, Section 23, Township 63 South, Range 37 East,
Tallahassee Meridian, Windley Key, Monroe County, Florida, at Mile Marker 84.9
with the Real Estate Identification No. 00094000.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in fonnal session, on April 16, 1997.
Mrs. Liz Cloud
April 21, 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
Enclosure
~~~~
cc: County Attorney
Growth Management Director
County Administrator, w/o document
File
1 3'16 367 713
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DlVJSIONS OF FLORIDA DEPARTMENT OF STATE
l )Hin' ot th,' s......r\'l.lry
l )Hi,,' ot Illt,'m.ltioll.,1 Rd.lti,,"s
Di\'ision of Admlnistr~lti\'t..~ Sl'T\'k('s
Did~iollllf Cnrpl)r~ltillns
D"'j,,oll "t l'uItur.lI Att.lirs
Di,'isi'ln llf Fll..'l"tiuns
Di,'isill1'lllt I tistori.....,1 Rl'M1UTt.'l>S
Di,'ishlll llf l.ibr.lrY .lnd Intnrnl.,tioll St.'r\'i('l~
Di,j,j,," "t Ik,'"sjllj; FWRIDA DEPARTMEN'P OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
April 24, 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 I'reservati"n Board
Historic Palm (k'(lch County PreSl'TVlltion lloard
Hist()ric I)l'nsacola Prl'scrvatitln Blhlrd
Historic 51. Augustinl' Pn'Sl'TV,ltion Bo,lrd
Hish.lric TallahasSl'l' Prt.'Sl'TVi.,titJn UlMrd
Historic Tarnpa/Hillsbomuj;h COUll tv
l)rl"Sl'TvatitHl Ik),lrd
Rinj;linj; Mus,'urn of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated April 21, 1997, and certified copy each of Monroe County Ordinance Nos.
97-12 and 97-13, which were filed in this office on April 23, 1997.
Sincerely,
Li~f C1JJJ2
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot BuU~ing ,. ",401 8o~th Mont~ 5t~t · Tallahassee. Florida 32399-0250 . (904) 488-8427
FAX: (904) 411"""'~~~ . WWW ~~~f'ess flUp~/Awww\d@8.11tati!.II,U!!l . E-M41H: clectiol/@lIlaif.dos,Sfl1fe.f!.lIs