Ordinance 040-1997040-1997
BOCC ORDINANCE NO.
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
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COMMISSIONERS APPROVING THE REQUEST FILED BY
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DAVID ETHRIDGE FOR AN AMENDMENT TO THE FUTURE
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LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM INDUSTRIAL (I) TO
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RESIDENTIAL HIGH (RH FOR PROPERTY DESCRIBED AS
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PART OF GOVERNMENT LUT 2, IN SECTION 9, TOWNSHIP
66 SOUTH, RANGE 32 EAST, TALLAHASSEE MERIDIAN,
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LOCATED AT APPROXIMATELY 2111 OVERSEAS HIGHWAY,
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MARATHON, VACA KEY, MONROE COUNTY, FLORIDA, MILE
MARKER 48. THE REAL ESTATE NUMBER IS 00102520.
WHEREAS, the Board of County Commissioners, on April 15, 1993,
adopted the Monroe County Year 2010 Comprehensive Plan, and
therefore, designated the above -described property as Industrial
(I) on the Future Land Use Map (FLUM); and
WHEREAS, the Monroe County Board of County Commissioners,
during a regular meeting held on June 18, 1997, conducted a
"transmittal hearing" to review and consider a request for a
future land use map amendment to the Monroe County Year 2010
Comprehensive Plan filed by David Ethridge to change the future
land use designation from Industrial (I) to Residential High (RH)
for the property described above; and
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed future land use map change and
recommend approval; and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the
hearing process, has reviewed the proposed future land use 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 future land use map change and the
recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
approval; and
WHEREAS,the Florida Department of Community Affairs has
reviewed the proposed amendment and has not issued an Objections,
Recommendations and Comments (ORC) Report; and
WHEREAS, the Monroe County Board of
an "adoption hearing" on November 12,
and public participation in the hearing
of the above recommendations; and
Page 1 of 4
County Commissioners held
1997, and after due notice
process, has reviewed all
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WHEREAS, the Monroe County Board of County Commissioners
hereby makes the following FINDINGS OF FACT:
1. Based on a site visit, staff determined the subject property
lies in an area of existing mixed commercial retail,
industrial, transient and permanent single- and multi -family
development, and thus, within close proximity to a variety
of employment opportunities.,
2. A new issue is raised by Goal 601 of the Year 2010
Comprehensive Plan which requires the County to adopt
policies to promote adequate and affordable housing for
current and future residents.
3. Policy 101.4.4 regarding the Residential High (RH) future
land use category states that this district shall provide
for high density residential uses and should be located near
employment centers.
4. Goal 212 requires the County to prioritize shoreline land
uses to protect areas for water -dependent uses.
5. Additional detail shows that the mangrove fringe and shallow
water associated with this property make it inappropriate
for water access to Boot Key Harbor.
6. Cursory research by the County staff on the County's vacant
land supply revealed only a small percentage of vacant land
in both the Industrial (I) and Residential High (RH)
categories.
7. The Technical Document of the Year 2010 Comprehensive
Plan projects a need for additional Residential High (RH)
land, but does not project a need for additional Industrial
(I) land, and calls into question the development of
existing vacant Industrial parcels.
8. Sec. 9.5-511 of the Monroe County Code (MCC) provides that
no changes to the land use maps shall be made which result
in adverse impacts on the community character of the area.
Objective 101.4 requires the County to maintain community
character through a compatible distribution of land uses.
9. High density residential uses, as allowed under the proposed
designation, provides appropriate transitions in intensity
from lower density residential areas and more intensive
non-residential uses.
10. Goal 102 of the Year 2010 Comprehensive Plan calls for the
County to direct growth towards areas intrinsically suitable
for development. Objective 101.5 encourages development
patterns which promote compactness and infill.
11. The proposed designation will not negatively impact natural
resources and will encourage compact development and infill.
Page 2 of 4
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12. Objective 101.1 of the Year 2010 Comprehensive Plan
requires that adequate public facilities be available
concurrently with the impacts of new development.
13. Sufficient public facility capacity exists to accommodate
the development potential possible under the proposed
designations.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. The proposed map amendment is supported by a new issue
raised by Goal 601 since a need for high density residential
land is projected in the Technical Document of the Year
2010 Comprehensive Plan but a need for industrial land is
not. (Findings 2, 6-7)
2. The proposed map amendment is supported by additional detail
related to Goal 212 since the subject property is not
appropriate for water -dependent uses. (Findings 4-5)
3. The proposed change is consistent with Sec. 9.5-511, MCC,
and Objective 101.4 since they will protect community
character by providing a transition between lower and higher
intensity land uses. (Findings 1, 3, 8-9)
4. The proposed future land use map change is consistent with
Policy 101.4.4 because the subject property is located near
employment centers. (Findings 1, 3)
5. The proposed change is consistent with Goal 102, Objective
101.5 and Objective 101.1 (Findings 10-13)
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; and therefore
Section 2. The previously described property is currently
designated Industrial (I), as shown on the attached map, which is
hereby incorporated by reference.
Section 3. The previously described property shall now be
designated as Residential High (RH).
Section 4. The Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan shall be amended, as delineated in
Section 3 above, changing the future land use designation for the
property.
Section 5. If any section, subsection, sentence, clause, item,
change or provision of this ordinance is held invalid, the
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remainder of this ordinance shall not be affected by such
invalidity.
Section 6. This ordinance is hereby transmitted to the state
land planning agency for approval or disapproval pursuant to
Section 380.0552(9), Florida Statutes.
Section 7. This ordinance. shall be filed in the Office of the
Secretary of the State of Florida, but the effective date of this
plan amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section
163.3184, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 12th day of November A.D. 1997.
Commissioner May= Douglass yes
Mayor -Pao--Teff- London yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich ey s
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(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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Future Land Use Map
Adopted January 1996
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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
November 19, 1997
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 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 certified copies of Ordinance Nos. 039 through 048-1997,
which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session
file for record. on November 12, 1997. Please
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
✓File
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
Deputy Clerk
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural'Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
November 24, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated November 19, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-39, 97-40, 97-41, 97-42, 97-43, 97-44, 97-45, 97-46, 97-47, and 97-48, which
were filed in this office on November 21, 1997.
Sincerely,
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Liz Cloud: Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904)� 488-8427
FAX: (904) 488-7869 0 WWW Address http://www.dos.state.fl.us • E-Mail: election@nzail.dos.statefl.ats
P 381 826 409
Receipt for
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